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HomeMy WebLinkAbout1999-10 Repealing and Reenacting Ordinance No. 17, Series 1995, SDD No. 7 (The Marriott Mountain Resort at Vail), Amending and Reestablishing the Approved Development Plan to Allow for the Interior and Exterior RemodelORDINANCE NO. 9d Series of '1999 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 97, SERIES OF 9995, SPECIAL DEVELOPMENT DISTRICT NO. 7, THE MARRIOTT'S MOUNTAIN RESORT AT VAIL, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN IN ACCORDANCE WITH SECTION 92-9A-9d OF THE ZONING REGULATIONS TO ALLOW FOR THE INTERIOR AND EXTERIOR REMODEL OF THE EXISTING HOTEL AND THE CONSTRUCTION OF THE GORE CREEK CLUB, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, HMC Acquisition Properties, inc., as owner of the property, has submitted an application for a major amendment to Special Development District No. 7, Marriott's Mountain Resort at Vail; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan and Lionshead Redevelopment Master Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, this application complies with the underlying zoning of Lionshead Mixed Use 1 District and the Special Development District as being pursued prior to the adoption of that District; and WHEREAS, all notices as required by the Town of Vail Municipal Cade have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend the Development Plan for Special Development District No. 7, Marriott's Mountain Resort at Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1 The Vail Town Council finds that all the procedures as set forth in Chapter 9A of the Zoning Regulations have been fully satisfied and that the major amendment to Special Development District No. 7 complies with the nine criteria outlined in Section 12-9A-8 of the Zoning Regulations. Additionally, the applicant has demonstrated to the satisfaction of the Vail Tow~auncil that any adverse effects of theluested devia#ions from the developn~ standards of the underlying zoning are outweighed by the public benefits provided by the District. SECTION 2. Special Development District Nn. 7 is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail, Colorado; that will provide adequate open space and recreational amenities; that will enhance the short-term overnight accommodation units of the Tawn; that will promote the development objectives of the Town; that wilt provide deed-restricted housing for 10 employees; that will improve the s#reetscape along portions of West Lionshead Circle; and that significantly enhance the appearance of the existing hotel. The development is regarded as complementary to the Town by the Vail Tawn Council, the Planning & Environmental Commission and the Design Review Board, and there are significant aspects of the Special Development District which cannot be satisfied through the imposition of a standard zoning district. SECTION 3. Special Development District No. 7 is established for development on a certain parcel of land comprising approximately 5.17 acres in the Vail Lionshead area of the Town of Vail, legally described as Lo#s ~4,7,C & D, Block 1, Vail Lionshead Third Filing. Said 5.17 acres may be commonly referred to as "Special Development District No.7." The underlying zoning on the property is Lionshead Mixed Use 1 Zone District. Upon approval of this ordinance all subsequent development on the property shall be in accordance with the underlying zoning, All previous approvals are hereby voided. SECTION 4. Approval of the Development Plan The Approved Development Plan for the Marriott's Mountain Resort at Vail shall be incorporated by reference, and made a part of Special Development District No. 7 and constitutes a general plan far development within the established District. The Pfan shall be regulated, reviewed and amended from time to time in accordance with the provisions outlined in the Zoning Regulations. The contents of the Approved Development Plan is comprised of those plans and documents submitted by Gwathmey, Pratt & Schultz Architects and their agents, and shall include, but not be limited to, the following documents: 1. Proposed 5i#e Plan, Sheet A1.1, Gwi~ey, Pratt & Schultz, dated July 6, 19. 2. Proposed Landscape Improvements Plan, Sheet L-1, Gwathmey, Pratt & Schultz, dated July fi, 1999. 3. Building Elevations, Sheet A1.2, Gwathmey, Pratt & Schultz, dated July 6, 1999. 4. Building Elevations, Sheet A1.3, Gwathmey, Pratt & Schultz, dated July 6, 1999. 5. Building Elevations, Sheet A3.1, Gwathmey, Pratt & Schnitz, dated July 6, 1999. 6. Building Elevations, Sheet A3.2, Gwathmey, Pratt & 5chul#z, dated July S, 1999. 7. Building Elevations, Sheet A3.3, Gwathmey, Pratt & Schultz, dated July 6, 1999. 8. Building Elevations, Sheet A3.4, Gwathmey, Pratt & Schultz, dated July 6, 1999. 9. Building Elevations, Sheet A3.5, Gwathmey, Pratt & Schultz, dated July 6, 1999. 10. Building Elevations, Sheet A3.6, Gwathmey, Pratt & Schultz, dated July 6, 1999. 11. Parking Level Zero, Sheet A2.0, Gwathmey, Pratt & Schultz, dated July fi, 1999. 12. Parking Level One/Unit Level One, Sheet A2.1, Gwathmey, Pratt & Schultz, dated July 6, 1999. 13. Parking Level TwolUnit Level Two, Shee# A2.2, Gwathmey, Pratt & Schultz, dated July 6, 1999. 14. Parking Level ThreelUnit Level Three, Sheet A2.3, Gwa#hmey, Pratt & Schultz, dated July 6, 1999. 15. Unit Level Four, Sheet A2.4, Gwathmey, Pratt & Schultz, dated July 6, 1999. 16. Unit Level Five, Sheet A2.5, Gwathmey, Pratt & Schul#z, dated July 6, 1999. 17. Unit Level Six, Sheet A2.6, Gwathmey, Pratt & Schultz, dated July 6, 1999. 18. Unit Level Seven, Sheet A2.7, Gwa#hmey, Pratt & Schultz, dated July 6, 1999. 19. Unit Level Eight, Sheet A2.8, Gwathmey, Pratt & Schultz, dated July 6, 1999. 20. Roof Plan, Sheet A2.9, Gwathmey, Pratt & Schultz, dated July B, 1999. 21. Schematic Off-site Improvements Plan, dated July 6, 1999. 22. Gore Creek Streambank Improvement Plan, dated July fi, 1999. 23, Roof-top Mechanical Plan, dated July 8, 1999. SECTION 5~ In addition to the Approved Development Plan described in Section 4 above, the following development standards have been submitted to the Planning & Environmen#al Commission far its consideration and recommendation and are hereby approved by the Vail Town Council. These development standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No.7 and the surr~ding environs. The following are the iciopment standards far Special Dev~men# District No.7: A. Lot Area -The lot area consists of approximately 225,205 sq.ft.l5.17 acres. B. Setbacks -The setbacks for the Marriot#'s Mountain Resort at Vail and the Gore Creek Club shall be as indicated on the Approved Development Pian. C. Landscaping -All landscaping and landscape areas shall be as indicated on the Approved Development Pian. D. Building Height -The height of the buildings shall be as indicated on the Approved Development Plan and shall comply with the underlying zoning. E. Parking and Loading -The Tawn of Vail Zoning Regulations prescribe the parking and loading requirements for development. A minimum of 355 parking spaces shall be provided. Two-hundred, ninety-four (294) shall be provided for the Marriott's Mountain Resort at Vail and sixty-one (61) shall be provided far the Gore Creek Club, and in accordance with the Approved Development Plan. The required number of loading berths shall be five and in accordance with the Approved Development Plan. ~. Uses -Shall be those permitted, conditional and accessory uses identified in the Lionshead Mixed Use 1 Zone District. SECTION 6. The Developer, HMC Acquisition Properties, Inc., as owner of the property and applicant of this request, agrees with the following conditions which are made part of the Town's approval: That the applicant submit the following plans to the Department of Community Development, for review and approval, as a part of the building permit application for the hotel; a. An Erosion Control and Sedimenta#ion Plan; b. A Construction Staging and Phasing Plan; c. A Stormwater Management Plan; and d. A Traffic Control Plan. 2. That the applicant provide six Type 111 Employee Housing Units (EHU) with no less than 10 pillows, which complies with the Town of Vail Employee Housing requirements (Chapter 12-13), for a minimum of 10 employees, and that said deed-restricted housing be made available far occupancy, and the deed restrictions recorded with the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Gore Creek Club. 3. That the applicant andlor its successors execute a master lease agreement with . an owner of property in the Valley to provide employee housing fo~ minimum of 8 employees, as defined by the Vail Town Code. The duration of the master lease requirement shall be for a period of time not less than 8 years. Multiple master lease agreements are acceptable. The master lease agreement requirement for employee housing shall expire 8 years following the date of the issuance of a building permit. The applicant shall be required to submi# a signed affidavit to the Town of Vail Community Developmen# Department on the 15` of February of each year for the term of the agreement confirming compliance herewith. The affidavit shall provide written notice to the Town of Vail of the location of the master leased employee housing units and the terms of the lease agreement. The master lease agreement shalt be executed and a copy shall be provided to the Town ofi Vail prior to the issuance of a building permit. a. The applicant shall provide a performance bond to the Town of Vail with the Town of Vaif as the beneficiary in the amount of $200,000 to financially secure the applicant's proportionate cost for improvements to the east and west intersections of the South Frontage Road and West Lionshead Circle. The bond shalt be established prior to the issuance of a building permit and the duration of the bond shall be for a period of 8 years from the date of building permit issuance. Should the intersec#ion improvements not be commenced within the 8 year period the Town of Vail shall release the applicant and/or its successors of the financial obligation of the performance band. 5. That the applicant submit a complete set of civil engineered drawings of all the off-site improvements, including improvements to West Lionshead Circle, the sidewalk from the common property line with Antler's to the South Frontage Road, for the required on-site and off-site storm water drainage and management system, for the pedestrian connection to the streamwalk, for review and approval, prior #o application for a building permit. 6. That the applicant submit to the Community Development Department an approval letter from the owner of Lot A to the west of the Gore Creek Club development site gran#ing permission to regrade portions of Lot A as depicted on the proposed plans. 7. That the applicant construct a new sidewalk along the south side of West Lionshead Circle and that the sidewalk be snawmelted only contiguous to the applicant's property. 8. That the applicant amend the proposed landscape plan and provide increased amount of landscaping, using AIPP opportunities to integrate functional art pieces, at the front entrance to the Gore Creek Club and the retail shops and that it be approved by the DRB. 9. That the applicant submit a proposed streambank improvement plan to the Community Development Department for review and approval prior to application i ' ~ for a building permit. . SECTION 7 Amendments to the Approved Development Plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of the Zoning Regulations. Amendments which change the substance of the Approved Development Plan shall be required to be approved by the Town Council The Community Development Department shall determine what constitutes a change in the substance of the Approved Development Plan, in accordance with the Town Code of the Town of Vaif. SECTION 8 The developer must begin construction of the Special Development District within three (3) years from the effective date of this ordinance, and continue diligently toward completion of the project. !f the developer does not begin and diligently work towards the completion of the Special Development District, or at any stage of the development of the Special Development District, this Special Development District shall become void and all development shall be regulated by the provisions of the underlying zone district of LMU1. SECTION 9 If any part, section, sentence, clause, or phrase 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, subset#ions, sentences, clauses, or phrases be declared invalid. SECTION 10 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 Vaif and the inhabitants thereof. SECTION 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED ~ ~ r r i h v f INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6`" day of July, 1999, and a public hearing for second reading of this Ordinance set for the 20`" day of July 1999, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~.._ .~ ,~ ~QtQR~~~ ~'~~ Attest: ~, 1. ~elei ponaldson, Town Clerk this 2Dth day of July, '~~`~yN OF ••"`~~~.;, ~~ _ ~E.~L ATTEST: / Vvt/ 1 ~" ~``V VI C:4arinance99,10 READ AND APPROVED Oti~,,~~~COND READING AND ORDERED L elei Donaldson, Town Clerk Robert E. Ford, SHED Mayor ~' 7