HomeMy WebLinkAbout1990-22 TABLED INDEFINITELY Amending Special Development District No. [undefined] Commonly Referred to as the Marriott Mark Resort.:~ . ~ ~ ~
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ORDTNANOE N0. 22 /N.9~L~~' ~"~wt-~~.
SERIES OF 199Q ,,3~
AN OIZDxNANCE AMI~PTUING SI?EC:~AL DEVELOPMENT D7 ~~/~` ~v
COMMONLY REFF,RRED TD AS THE MARRIOT`T' MAItn sc~,~.,~~~
AND TIiI~; DI~VFLOPI%[Is'IdT PL~1Di T:N AC".CORDANCE WITH CIiAPTEI2 18.40
OF TfiC VA1:L MUN7.i:1PAr~ CODE ANT) SI;'T'I'ING 3.~ORTIi DE'I'ATLS
1N RIaGA,RD THERE'PU
WI~IERI/AS, Chapter 18.40 of tyre Vail Municipal Code authorizes
Special DevelopmerrL- Districts witkr~.n 'the Town; and
WIiIJREAa, Special Development District No. 7 for development of
Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing was
originally apl~rovec}. by Ordinance No. 3, Series of 1977, and
subsequently amea~rcied by Ordinance No. 25, Series of 1981. and Ordinance
Na. G, Series of 1982; and
WHEREAS, the Applicant and Uwnex~ (M-K Corporation and Marriott
Corporation) desire to make amendments to Special Development District
No. 7; and
WHEREAS, tkre Amendment to Special Development District No. 7 will.
insure unified and coordinated development within the Town of Vail in
a manner suitable. for the area in which it is situated; and
VdHNREnS, tkre Planning Commission has recommended approval of the
znodifi~:ation to Special Development District No. 7; and
WHI?,RI~AS, the 's'own Council considers that it is reasonable,
appropriate and kaerYefir:ial to the Tawas and its citizens, inhabitants
and visitors to amend Special Development District Nn. 7.
NOW, '1'IIFREFORE, BE :F.'L' ORDAINED BY THE TOWN COUNCT.L OF THE TOWN OF
VA:EL, (:OLORAI)O, TIIA'T':
SECTI:UN 1. Amendment procedures fulfilled, Flannina Commission
report.
'i'lie approval procedures prescribed in Chapter 18.40 of the
Vail_ Municipal Code have been fulfilled, and tl~e Town Council has
received the report of the Planning and Environmental Commission
recommending approval of the proposed development plan for Special
Development District No. 7.
SECTTDN 2. Amendment to Prior Ordinances.
Amendment Ordinance No. 3, Series of 1977, Ordinance No. 25, Series of
1981 and Ordinance No. G, Series of 1982 are hereby amended by the
addition of: Part II to read as follows:
A. Staecial Develox~merit District No. 7. Part TI of Special
Develnp~nent District No. 7 ("SDD7") and The Development Plan as herein
after defined and set forth is hereby approved for the continuing
development of Lots 4, 7, C az~d D, Block ~., Vail Lionshead 'T'hird
Filing located withitl the Town of Vail consisting of 5.08 acres
(221,527 square feet).
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I3. PurDOSe. Part II of SDD7 is hereby established to ensure
comprehensive development in the use of an area that will be
harmonious with the general character of the Town of Vail and the
existing 5DD7 and to promote the upgrading and redevelopment of a key
property in the Town of Vail. The amendment to SDD7 is regarded as
complimentary to the Tawn by the Town Council and meets all design
standards as set forth in Section 18.4A of the Municipal Code. There
are significant aspects of the Amendment to Special Development
District Na. 7 which cannot be satisfied through the imposition of the
standards in the existing SDD7 or under existing zoning. The
amendment to SDD7 is compatible with the upgrading and redevelopment
of the community while maintaining .its unique character.
C. Definitions.
1. Time-Share Estate shall be defined as set forth in
Section 18.04.420 of the Town Municipal Code.
2, Emolovee Housing Unit shall be defined as follows: A
dwe~.l.ing unit as stzown on the Redevelopment Plans,
marked as Employee Housing Unit.
D. Develaament Plan.
1. A development plan for Part IT of SDD7 is approved and
shall constitute the plan far the redevelopment of a
portion of SDD7. The redevelopment plan is comprised
of those plans submitted by Arnold, Gwathmey & Pratt
Architects and Dennis Anderson Associates, Inc. as
set forth below:
a. Landscape Plan by Dennis Anderson Associates, Inc.
dated June 4, 1990.
b. Site Plan, Floor Plans and Parking Plans by
Arnold, Gwathmey & Pratt Architects dated May 14,
1990.
c. Elevations and Sections by Arnold, Gwathmey &
Pratt Architects dated May 14, 1990.
d, Environmental Impact Report by Peter Jamar
Associates, Inc. dated May 10, 1990.
The plans listed in 1 through 4 above shall far the purposes
of this Grdinance be referred to as "The Development Plan".
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2. The development p~.an shall adhere to the following;
a. Setbacks. setbacks shall be as noted on the Site
Plan listed above.
b. Heiaht. Heights of structure shall be as
indicated on the elevations listed above but shall
not exceed 48 feet measure vertically from
existing or finished grade at any given
point to the top of the flat roof, mansard roof,
or to the highest ridge line of a sloping roof.
c. Site Coverage. Site coverage shall be as
indicated on the site plan listed above.
d. Landscaninc~ The area of the site to be
landscaped shall be as indicated on the landscape
plan listed above. A detailed landscape plan
shall be submitted to the Design Review Berard
for their approval.
e. Parking and Loadincr. Parking and Loading shall be
provided as indicated o~~ the site plan and floor
plans as listed above. In na case shall the
parking provided on the total site as covered by
SDD7 be less than 400 spaces.
E. Density. The: existing development and conditions for SDD7
shall be as defined under Ordinance No. 3, Series of 1977 and under
ordinance No. 26, Series of 1981 and under Ordinance No. 6, Series of
1982. The approval of this Part II of SDD7 shall permit an additional
5Fi dwelling units which shall be used as time-share estates and 10
dwelling units which shall be used as employee housing units. The 56
dwelling units used for time-share estates shall not exceed 1050
square feet of gross residential floor area per unit for a total of
58,800 square feet of GRFA. The 10 dwelling units used as employee
housing shall have a gross residential floor area per unit of
appraximately 400 square feet, and shall have a maximum tatal of 4000
square feet of GRFA.
F. Permitted. Accessorv and Conditional Uses. Time-share
Estates and Employee Housing Units shall be the only permitted uses
for the 66 dwelling units as set forth in The Development Plans.
Accessory and Conditional Uses shall be as set forth in the High
Density, Multiple Family Zone District. Any additional requests for
time-share units shall require a major amendment to SDD7.
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G. Restrictions on Emtalovee Housing Units.
1. No Employee Housing Unit shall be sold, transferred or
conveyed unless such sale, transfer or conveyance is to
a non-profit Condominium Association farmed to manage
the 56 time-share estates.
2. No Employee Housing Units shall be leased or rented far
any period of less than thirty consecutive days and it
shall be acented only to tenants who are full-time
employees in the Upper Eagle Valley. The Upper Eagle
valley shall be deemed to include the Gore Valley,
Minturn, Red Cliff, Gilman, Eagle, Vail, Avon and their
surrounding areas. A full time employee is a person
who works an average of thirty hours per week.
3. An E~riployee Housing Unit shall not be divided into any
form of time-share estate, interval ownership or
fractional fee.
4. The restrictions contained in this Section 23 shall be
placed in the Condominium Declaration for the benefit
of the Town of Vail and shall not be changed without
the consent of the Town of Vail.
5. Each employee dwelling unit shall have a total gross
residential floor area of approximately 400 square
feet.
6. The owner/applicant shall submit to the Town Attorney
a covenant permanently limiting the use of the ten
employee dwelling units to long term employee rentals
in perpetuity. Once the covenant is approved by the
Town Attorney, the agreement shall be filed of record
in the office of the Eagle County Clerk and Recorder to
insure that the restrictions shall run with the land.
The covenant shall be recorded prior to the issuance of
a building permit for The Development Plan. The
covenant shall include the conditions as set forth in
5eetion 2, Paragraphs G 1-5 above.
H. Amendments. Amendments to the approved development plan
shall follow the procedures outlined in Section 18.40.100 of the Vail
Municipal Code.
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T. Conditions of Abr~roval for SDD7.
~.. A detailed drainage plan and other design issues
relevant to public works shall be submitted and
approved by the Tawn of Vail prior to the issuance of a
building permit. Pollution control devises shall be
incorporated into the parking garage per the submitted
environmental impact report. Gore Creek shall be
protected from any construction impacts by the use of
an erosion control plan.
2. Working in coordination with the Town Staff, the
applicant shall fund and conduct a comprehensive
traffic study of the West Lionshead Circle area
suitable for determining the applicant's contribution
to the cost of constructing any necessary turn lanes on
the South Frontage Road to West Lionshead Circle.
Preliminary design and cost estimates for the turn
lanes shall be provided by the applicant. At a minimum
the applicant shall be responsible for contributing an
amount of money to cover the applicant's share of the
cost of the road improvements so determined by the
comprehensive traffic study for West Lionshead Circle.
3. A preliminary design and funding strategy for
constructing any turn lanes shall be established prior
to the issuance of any building permit and the turn
lanes shall be completed prior to the issuance of a
temporary certificate of occupancy far the development
plan unless otherwise deferred by the Town of Vail
Community Development Department and Public Works. Tl~e
funding and construction plan must be approved by the
Town of Vail engineer, Community Development
Department, Town Council and Colorado Division of
Highways before the building permit is released for the
expansion.
The Applicant shall be required to submit a Colorado
Department of Highways Access Permit Application on
behalf of the Town for the West Lionshead Circle/South
Frontage Road Tmpravement. A signed Colorado
Department of Highway permit must be obtained by the
applicant before a building permit is released unless
such permit is not necessary as confirmed by the Tawn
of Vail Community Development
Department and Public Works.
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4. All aspects related to the time-share estates of this
facility shall comply with all applicable Town
Ordinances that regulate time-share activity, Time-
share estates are only approved for the 56 time-share
units. The 10 employee dwelling units shall not be
allowed to convert to time-share estates. Time-share
units that are not sold for certain weeks shall be made
available to the public as short term rentals.
5. Detailed landscaping similar to the Westin Hotel
landscaping along the recreation path proposed an Town
of Vail property shall be submitted by the applicant to
the Town of Vail Landscape Architect and Engineer for
approval before such proposal is submitted to the
Design Review Board, All landscaping proposed an Town
of Vail land shall be maintained by the applicant.
6. The applicant agrees to regrade, revegetate and repair
the drainage on the bank adjacent to the bike path
along the southern property line of the Marriott Mark
Hotel by August 1, 1990. A letter of credit in the
amount of $ shall be submitted to the
Town of Vail before second reading of this Ordinance.
The landscape and drainage work shall be submitted to
the Town Engineer, Landscape Architect and Community
Development Department for approval before the proposal
is presented to Design Review Board.
7. A temporary certificate of occupancy shall not be
released for The Development Plan until all site
improvements have been completed such as sidewalks,
landscaping and drainage as set forth an the
development plans. If the weather prohibits the
completion of any improvement, the applicant shall. be
required to provide a letter of credit to cover 1250 of
the construction casts for these improvements. The
construction estimate shall be reviewed and approved by
the Town Engineer and Landscape Architect. The
agreement stipulating how and when the improvements
will be completed and the dollar amount and form of
letter of credit shall be submitted by the applicant to
the Town Attorney for approval before a temporary
certificate of occupancy may be released far the
development plan.
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8. Before a temporary certificate of occupancy is released
the applicant shall plat and record a public easement
to ensure public access through SDD7 an the proposed
sidewalk improvement an The Development Plan. The
applicant shall submit the proposed easement agreement
to the Town Attorney and Town Council for approval
prior to recording.
9, The applicant shall not market Time-Share Estates on
the streets, public ways or public places within the
Town of Vail.
~.0. No amplification of sound on the greenspace created by
the removal of the two tennis courts shall be allowed
For conventions or other special events.
11. Significant landscaping including evergreens, deciduous
trees, and shrubs shall be provided on the landscape
terraces over the parking area. If additional
structural, support must be added to the terraces to
support significant landscaping (as described in the
previous sentence), the applicant/owner shall be
required to strengthen the structure of the terrace to
allow far the landscaping.
12. Additional landscaping shall be provided along the west
elevation of the parking structure. A mix of
deciduous, evergreens, and shrubs shall be provided o.E
a size adequate to screen the structure as much as
possible. The applicant is directed to work with Vail
Associates on the landscaping buffer.
13. All loading areas shall have additional landscaping and
screen fencing.
14. The amendments to Special Development District No. 7
are approved conditional upon Planning and
Environmental Commission and Town Council giving
approval to the underlying zone district request.
l5. The ballast an the existing building shall be changed
to match the color of the metal roof of the proposed
addition.
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16. The applicant 5ha11 repaint the existing Marriott Mark
in a manner that is compatible with the new development
plan. The applicant shall also modify the existing
balcony railings on the Marriott Mark. These two
improvements to the existing Marriott Mark shall ba
incorporated into the Design Review Board and building
permit submittals for the Development Plan. A
temporary Certificate of Occupancy shall not be
released for the Development Plan until the repainting
and balcony railing work is completed. If tt2e weather
prohibits the completion of any of the above
improvements, the applicant shall be required to
provide a letter of credit to cover 125% of the
Construction casts far these improvements. The
agreement stipulating how and when the improvements
will be completed and the dollar amount and form of
letter of credit shah be submitted by the applicant to
the Town Attorney for approval before a temporary
certificate of occupancy may be released for the
development plan.
J. Limitation on Pireolaces. Wood burning fireplaces shall not
be permitted in any dwelling unit, whether a time-share estate or an
employee hauling unit nor in any public areas. Any gas fireplaces
shall meet the criteria set forth in Town of Vail Ordinance No. 24,
Series of 1983 and Ordinance Na. 28, Series of 1987, as amended from
time to time.
K. Recreational Amenities Tax. The recreational amenities tax
due for the development within SDD7 shall be assessed at a rate of
$1.00 per square foot of floor area and shall be paid prior to the
issuance of a building permit.
SECTION 3. Sections Declared Invalid.
If any part, section, subsection, sentence, clause or phase of this
ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance;
and the Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared
invalid.
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SECTION 4. Conflict with Part TT and Part T of SDD No.7.
if any part, section, subsection, sentence, clause ox phrase of Part
II conflicts with any part, section, subsection, sentence,
clause or phrase of Part I of SDD No. 7, the language
contained in this Ordinance shall control.
SECTION 5. Health. Safety and Welfare. The Town Council hereby
finds, determines and declares that this ordinance is necessary and
proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
SECTION 6. Reveal and Re-Enactment. The repeal or the repeal
and re-enactment of any provision of the Vail Municipal Code as
provided in this Ordinance shall not affect any right which as
accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision
repealed and reenacted. The repeal of any provision hereby sha11 not
revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS DAY OF
1990 at p.m. in the Council. Chambers of the
Vail Municipal Building in Vail, Colorado.
Ordered published in full this day of 1990,
KENT R. ROSE, MAYOR
ATTEST:
PAMELA A. BRANDMEYER, TOWN CLERK
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
THIS DAY OF , 1990.
KENT R. ROSE, MAYOR
ATTEST:
PAMELA A. BRANDMEYER, TOWN CLERK
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