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HomeMy WebLinkAbout2000- 1 Adopting an Approved Development Plan for SDD No. 6, Vail Village Inn, Phase IV, to Allow for the Construction of the Vail Plaza Hotel~ • r ORDINANCE No. 1 SERiES OF 2000 AN ORDINANCE ADOPTING AN APPROVED DEVEiLOPMENT PLAN FOR SPECfAL DEVELOPMENT DISTRICT NO. 6, VAII+ VILLAGE INN, Pf-tASE IV, TO ALLOW' FOR THE CONSTRUCTION OF THE VAIL. PLAZA HOTEL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, in 1976, the Vail Tawn Council adopted Ordinance Na. 7, Series of 1976, establishing Special Deveiapment District No. 6, Vail Village Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously Approved Development Plans far Special Deveiapment Dis#ricts; and WHEREAS, Wafdir Prado, dba Daymer Corpora#ion, as owner of the Phase IV property, has submitted an application for a major amendment to Special Deveiapment District No. 6, Vail Village Inn, Phase IV; and WHEREAS, the purpose of this ordinance is to adopt an Approved Development Plan far the Vail Village inn Special Development District, Phase IV to allow far the construction of the Vail Plaza Hates; 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 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 WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its unanimous recommendation of approval to the Vail Town Coc.incil; and WHEREAS, al! notices as required by the Town of Vai! Municipal Cade have been sent to the appropriate parties; and WHEREAS, the Vaii Town Council considers it in the best interest of the public health, safety, and welfare to adopt and re-establish the Approved Development Pian far Special Development District No. 6, Vail Village Inn, Phase IV, Vaii Plaza Hotel; and Ordln~nao 1, 5erles of 2000 • • s Whereas, the approval of the major amendment to Special Development District Na. 6, Vail Village lnn, Phase iV, Vail Plaza Hotel and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 'I. Purpose of the Ordinance The purpose of Ordinance No. 1, Series of 2000, is to adopt an Approved Development Plan far Special Development District No. B, Vail Village lnn, Phase IV, Vail Plaza Hotel. The Approved Development Plans for Phases !, 111 & V remain approved and unchanged for the develapmen# of Special Development District Na. 6 within the Town of Vail, unless they have athervsrise expired. Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and adopted. Section 2. Amendment Procedures 1=uffilled. Planning Commission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Vail Town Council has received the recommendation ofi the Planning & Environmental Commission for a major arnendmen# to the Approved Development Plan for Specia! Development District No. 6, Vail Village lnn, Phase 1V, Vail Plaza Hotel. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Special Development District No. ~ The Special Development District and the Major Amendment to the Approved Development Plan for Phase IV are established to assure comprehensive development and use of the area in a manner that would be harmonious with the genera! character of the Town, provide adequate open space and recreation ameni#les, and promote the goals, objectives and policies of the Town of Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone dis#rict requirements. Section 4. ©evelopment Standards -Special Development District No. ~, Vail Village Inn, Phase lV, Vaii Plaza Hotel Development Plan-- The Approved Development Plan far Special Development District No. 6, Vail Village Inn, Phase 1V, 2 Ordinance 1, Series of 2000 Vail Plaza Ho#ei shal l include the following plans and materials prepared by Zehren and Associates. Inc., dated November 23, 1999 and stamped approved by the Town of Vail, dated January 18, 200Q: A. Site Illustrative Plan B. Site Vignettes Key Plan {noted "for illustration purposes only"} C. Site Vignettes D. Site Plan (revised) E. Level Minus Twa F. Level Minus One G. Level Zera H. Level One I. Level Two J, level Three K. Level Four L. Level Five M. Leve! Six N. Roof Plan O. Roof Plan (Mechanical Equipment) P. Street Sections (Vail Road Elevation/North Frontage Road Elevation) Q. Plaza Sections (South Plaza ElevationlEast Plaza Elevation) R. Building A Elevations S. Building A Sections T. Building B Elevations U. Building B Sections V. Building Height Plan 1 (Absolute Heightslln#erpolated Contours) W. Building Height Plan 2 {Maximum Height Above Grade/Interpolated Contours) X. Pool Study (Pool Sections) Y. Vail Road Setback Study Z. Loading and Delivery plan AA. Street Entry S#udies {Vail RaadlSouth Frontage Road} BB. Sun Study CC. Landscape Improvements Plan 3 Ordinance t, Series of 20x0 • • • DD. Off-site Improvements Pian Permitted Uses-- The permitted uses in Phase IV of Special Development District No. 6 shall be as set Earth in the development plans referenced in Sec#ian 4 of this ordinance. Conditional Uses-- Conditional uses for Phase IV shall be set forth in Section 12-7A-8 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density-- Unr'ts per Acre -Dwelling Units, Accommodation Units, & i~ractional Fee Club Units The number of units permitted in Phase IV shall not exceed the fallowing: Dwelling Units -- 1 Accommodation Units - 96 Fractional Fee Club Units - 48 ^ensity-- Floor Area The gross residential floor area (GRFA}, common area and commercial square footage permitted far Phase iV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Setbacks-- Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. The front setback along Vail Road shall be 20'. Height-- The maximum building height for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the p~irposes of SDD No. 6, Phase lV, calculations of height, height shall mean the distance measured vertically tram the existing grade or finished grade (whichever is more restric#ive}, at any given point to the top of a fiat roof, or mansard roof, or to tl~e highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. Site Coverage-- The maximum allowable site coverage for Phase IV shall be as set Earth in the Approved Development Plans referenced in Sec#ian 4 of this ordinance, Landscaping-- The minimum landscape area requiremen# for Phase IV shall be as set forth in the Approved 4 Ordinance 1, Series of 200 ~ ~ ! Development Plans referenced in Section 4 of this ordinance. Parking and Loading-- The required number of off-street parking spaces and Ioadingldelivery berths for Phase IV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the Sauth Frontage Road be used for Ioadingldelivery or guest drop~offlpiclc-up wi#hout the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant ar user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Aonroval Agreements for Special Development Distric# No. 6, Phase lV, Va"ri Plaza Wotel 1. That the Developer submits an Employee Housing Plan to the Town of Vail Community Development, within 30 days of the approval of Ordinance No. 1, Series of 2Q40, for the review and approval of the Plan by the Vail Town Council andlor reviewing Boards and Commissions, prior to the issuance of a building permit. At a minimum, the proposed Plan shall include, but not be limited to, housing alternatives, with at least one alternative showing 38 beds and at least one additional plan showing 19 beds on-site and within the Special Development District for the consideration of the Town. The required employee housing units shall be located within the Town of Vail and comply with the Town of Vai[ Employee Housing Requirements (Title 12, Chapter 13, of the Town of Vaii Municipal Code). The Developer shall provide deed-restricted housing for a minimum of 38 employees, and said deed-restricted housing shall be made available for occupancy, and the deed restrictions be recorded at the Office of the Eagle County Clerk & Recorder, prior to requesting a Temporary Certificate of Occupancy for the Vail Plaza Hotel. Nothing contained herein shah obligate the Town #a approve such a Plan, nor shall the Developer be required to remove existing proposed uses or density in order to construct the employee housing units on site. The Developer agrees, at the determination of the Tawn of Vail Community ©evelopment Department, to make all necessary applications and proceed through a!I required development review processes resulting from the proposed Employee Housing Plan. Ordinance i, 5erles of 20DD 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, etc.) as identified on the off site improvements plan to the Tawn of Vail Public Works Department far review and approval, prior to application far a building permit. 3. That the Developer submits a detailed final landscape plan and final architectural elevations far review and approval of the Town of Vail Design Review Board, prior to application far a building permit. 4. The sold approval time requirements and limitations of Section 12-9A-12 shall apply to Ordinance Na. 1, Series of 2000. In addition, the phasing of the construction of the hotel shah not be permitted. 5. That the iDeveloper submits 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 Sedimentation Plan; b. A Construe#ion Staging and Phasing Plan; c. A Stormwater Management Plan; d. A Site Dewatering Plan; and e. A Traffic Control Plan. 6. That the Developer receives a conditional use permit to allow for the construction of Type lf! Employee Housing Units in Phase IV of the District, in accordance with Chapter 12-1fi, prior to the issuance of a building permit, to provide housing on-site, if the application to amend Special Development District No. 6, pursuant to Condition of Approval ~1 above, is approved by the Tawn of Vail. 7. That the Developer submits a complete set of plans to the Colorado Department of Transportation for review and approval of a revised access permit, prior to application for a building permit. 8. That the Developer meets with the Tawn staff to prepare a memorandum of understanding outlining the responsibilities and requirements of the required off-site improvements, prior to second reading of an ordinance approving the major amendment. 9. That the Developer revises the plans to comply with the required 20-foot along Vail Road pursuant to the zoning Regulations of the Town of Vail. The revised plans shall 4~e reviewed 6 Qrdinance 1, Sarles of 2000 • • a- and approves! by the Town of Vail Design Review Board prior to the issuance of a building permit. 1 g. That the Developer submits a complete set of plans responding to the design concerns expressed by Greg Hall, Director of Public Works & Transportation, in his memorandum to George Ruther, dated 12113199. The drawings shall be submitted, reviewed and approved by the Town Engineer, prior to final Design Review Board approval. 11. That the developer records a public pedestrian easement between tf~e hotel and the Phase II! Condominiums and between the Phase V Building property lines. The easement sha11 be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 12. That the Developer record adeed-restriction, which the Town is a party to, on the Phase IV property prohibiting the public use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shalt be recorded prior to the issuance of a building permit. 13. That the Developer submits a final exterior building materials fist, a typical wall section and complete color rendering for review and approval of the Design Review Board, prior to making an application for a building permit, 14. That the Developer submits a comprehensive sign program proposal for the Vail Plaza f-Eotel for review and approval of the Design Review Beard, prior to the issuance of a Temporary Certificate of Qccupancy 15. Tftat the Developer submits aroof-top mechanical equipment plan for review and approve[ of the Design Review Board prior to the issuance of a building permit. All roof-top mechanical equipment shall be incorporated into the overall design of the hotel and enclosed and screened from public view. 16. That the Developer pasts a bond with the Tawn of Vail to provide financial security for the 125% of the total cast of the required off-site public improvemen#s. The bond shall be in place with the Town prior to the issuance of a building permit. 17. That the Developer installs bollards or similar safety devices at the intersection of the delivery access driveway and the sidewalk along the South Frontage Road to prevent Ordinanaa ~, Sgr~eg of 2004 ! •, conflicts between pedestrians and vehicles, prior to the issuance of a Temporary Certificate of Occupancy. 98. That the Developer studies and redesigns the entrance on the north side of the hotel across from the entrance to the Gateway Building #o create a more inviting entrance or a design that redirects pedestrians to another entrance. The final design shah be reviewed and approved by the Design Review Board prior to the issuance of a building permit, 19. That the Developer coordinate efforts with the owners of the Gateway Building to create a below ground access for loading and delivery to the Ga#eway from the Vail Plaza Hotel to resolve potential loading and delivery concerns at the Gateway. If a coordinated effort can be reached the Developer shall submi# revises! plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. 20. Tha# the Developer revises the proposed floor plans far the Vail Plaza Hotel to provide freight elevator access to the lowest level of the parking structure. The revised Mans shall be submitted to the Town of Vaii Community Development Department for review and approval prior to the issuance of a building permit. 29 . That the developer redesigns the proposed elevator tower to create an architectural lea#ure atop the tower and revises the proposed building elevations and roof plan prior to final review of the proposal by the Design Review Board. The Board shall review and approve the revised design. 22. That the Developer, in cooperation with the Town of Vail Public Works Department design and construct aleft-turn lane on Vail Road and reconfigure the landscape island in the South Fron#age Road median to eliminate left-turns from the loading/delivery. ThW construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy, 23. That the Developer provides a centralized loadingldelivery facility for the use of all owners and tenants within Special Development Dis#rict No. 6. Access or use of the facility shat! not be unduly restricted for Special Development District No. 6. The loadingldeiivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village ioadingldelivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail andlor others for 8 Ordinance 1, Series of ~n00 ~ ~ • the Gammon use of the facility, The final determination of the use of the facility shall be mutually agrees! upon by the Developer and the Town of Vaii. 24. That the Developer submits a written letter of approval from adjacent properties whose property is being encroached upon by certain improvements resulting from the construction of the hotel, prior to the issuance of a building permit. 25. That the Developer executes a ^eveloper improvement Agreement to cover the completion of the required off~site improvements, prior to the issuance of a building permit. S@Ctlgll ~. ff any part, section, subsection, sentence, clause ar phrase of this ordinance is for any reason held to be invalid, such decision shall not affec# the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ardinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, SeCtlOns, subsections, sentences, clauses or phrases be declared invalid. SeGtlOn 7. The repea! or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action ar proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ardinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall no# be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCF IN FULL ON F1RST READING this ~4'" day of January, 200Q, and a public hearing for second reading of this Ordinance set for the 'i8~" day of January, 2000, in the Council Chambers of the Vaii Municipal Building, Vaii, Colorado. Ordinance 1, 5erles of 20~~ • ATTEST: Lorelei Donaldson, ~`-~ ~ ~ U Ludwig Kurz, Mayor ~~1~~ ~~ Tawn Clerk yVt4!tliili Lh~'ln,r~, vl Y \ ~S ~_ ~ ~ (- READ AND APPROVED ON SECOND READING AND ORDERED PUBLISI°-IED this ~ 8t" day of .tanuary, 20DD. v~ ~~~ Ludwig Kurz, Mayor ATTEST: 1~t41si1Si!i!;rrr,,,,.,, .~ ----~, l/ '.~ ~'' Lorelei Donaldson, Town Clerk 10 Ordinance 1, Series of 2000 R Q m ~' O t~I" 4 t3 ° a o ~ ~ ~ .~ ~~ r~a fl ~ Q ~ ~ ~ fl 0 Q I ~ Q tD n I~ C m m ~ ~. n ~ N ~ ~ ~ ~ ~ ~ Q p ~ tD ~ C~ fl ...~ ~ C m ~- .C to (D ~ ~ O ~ ~ ~ -n ~~. N m °n tq ~ V, ~ Q fl ~~' ~ O~ z m Q ~' (Q '~ ~ Q d O Q 4 'T. ~. (~ ~+ ~ Q. ~ E N O O~~ O m Q Q. a ~ ~ ~ cn ~. ~ m m ~ ~ ~ ~ ~ ~ `n N ~ ~ x ~ ~ ? fl ~ (~ -'* '~ (C 3 ~ t3 Cb n• ~ 7 "11 ~ ~ ~ ~ ~ w ~ ~ fl O ~ O cn O 'O ~ Q r ~' ° a. ° ~ ~ ~_ a m n ~ ~ m -* ° ~ ~ `°~1 ~~~~o~~~~~ .~ I~ v Q n c_s ~ ~_ r_ ~} V 6-~ Q' ~, a fl ~ z ~ ~ Q m ~ ~ m ~ ~ can' O ~? (`i ~ ~ I (t'+ C~ CD ~ a p c~J ~ -~ _ .~- I_Q~`°~~Q-~pC ~~ ~ ~. cn Q ~ Q ~ Q ~ ~ o ~ C1 ~_ ~- ~ 4 O ~ ~ r Ca ~ Q r~ ~ CAD {p ~ CAD t~ ~ ~~ ~ ~ tab ~ i1 c5.7 ~ CD ~q Q . ~ o o ~ ~ Q m ~ .a arden, deck and patio, Easy ~Ik to Elementaryy Schaal. Jt iced to 5299,900 flfm. Co(dwell~ Timberline (970) 474-271.x. IG HOME on 80 acres ~a1 Horse ~untafn Ranch. Main h use has ~ee bedrooms. loft bedroom, family gym, and two full battu. Caretaker lartment above the three-car ge- e has two bedrooms and 314 berth. joy the unspoiled spaces and ~afhtaking mountain views from this ~nderful property that is wlthtn an fay thirty minute drive from Vall and aver Creek Resorts. Borderkt public ids makes this a perfect pace to ep a few horses or jus# en)oyy the >lorado high country, $485,O17J. ~ldwell Banker Timberline (470} 47b- 13~ _-._~.-._~_._..--- JGLETREE SINGLE FAMILY- 31 Singfe- re Road, four bedrooms. 3 312 baths, 'n family room, formal dining room, eaktast nook...Very high end fjnlsttes. ~ntostic loco#ion nexf to the creek td the entrance to hiking tralfs of 7tlOnal Forest Gorgeous views, Cald- 311 Banker Ttmberline (970) 47b-2113. :W EAST VAIL LISTING: Great ottntain views from this Mountdn eadows townhome, 2 bedroom, 1 J2 bath, plus study,~w~h garagoeil rid furnished for S 5DU C D3}779-1522. ' ~~~ OTEL CENTER -Eas aNo IAANAGIER art Corporation reservations Manager for the end Conference Center, de selling and bookingg of group es. Mpn mumfrequlreatlo }about `erence sales experlenco, tKET software would t7e helpful. as will Include coordinating. 5sslgned reservation operations ~ and ensurUig smooth transition nlmum requirements: 3-4 years anon experienco. 35Um6 t0: and Resort Corporation Spring5, Colorado 80487 ~nelC steamboat-skhcom. on Equal Opportunity EmpioYor IN VAiL DIDATES AREER ~PPQRTfINITlES ro OFFER? IIS • ~4ilt~l~y 170i111Se5 • Ski Pass Program anal FHE BEST REALTOR WEB 51TE For Vali/Beaver Creek Is www.davecoie,com Or Gall Dave At 970-476-6268 ~~~ r i EBY CREEK MESA: LOT 88. Panoramic views, bordering open space. $145,000. Cali Stephen M era at Bea- ver Creek Management 970-926-1122. BUllb Y031R PERFECT MOUNTAIN RE- TREAT on this easilyy buildable Calorow at Squaw Creek 20 acre wooded par- cel. Zoned for horses, Oniy 8-1 /2 miles from Edwards. Great privacy and space for $395,000. Coldwell banker Ttmberline (970) 478-21 13. 40 ACRE HOMESTEAq at Narse Moun- tain Ranch only 7 miles north of Woi- cott, EnJoy the unspoiled open spaces and breathtaking mountain views from this wonderful property that Is within an easy Thirty minute drive from Vall and Beaver Creak Resorts: Bordering public loads makes this a perfect place #o keep a few horses or Just enjoy the Goiorado high country. 5295,000. Coldwell Banker 7lmber!!ne (470) 476- 2113. $51,000 BUYS THIS IncredUale property near Ski Cooper. Perfect for a mourn fain getaway! Thurston Real Estate. (47926-4274. www,realtorthurston.com. $199,500 GREAT ARICEI 6eaut'rful Slrigle- tree duplex lot. Trees, views, privacy, sunshine art3ek. Thurston Real Estate. (970}926-4274. W W W,realtot#hurston,COm ~~O # f wESrvAr~ o>~ sus RourF One bedroom available In four bedroom home, Futiy furnished WID, FPTV, 3 phone Ilnes, fax, full private bath and hot tub-Non- smoking female preferted.IVa pets.You can move in today) $55D/month Intl utilltles, Cali Jerry or Nancy at 47b-8189. 10~ ` 1997 BLACK SUHARLi LEGACY OUT- BACK. Automatic, leather, power, ail wheel drive, b Cq slacker, cassette, snows, Yakima bike rack, new wlnd- shleld, prime condition. 74,000 miles. $11,5lJLl 080. (970)926-3244. Public Native ORDINANCE N0.37 Sarlea of 1949 AN DRDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF VAIL NV ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER S, ZONING MAP; REYOMiNG LOT 34, BUFFEHR CREEK SUBDIVISfON FROM PRIMARY SECONDARY (PS} DISTRICT TO OUTDOOR RECREATlDN (DR) DISTRICT. Copies of this ordinance are available far public lnspactian In the oHfca of fha Town Glerk during normal business hours HEAD AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TI- TLE ONLY ibis 181h day of January 2000. TOWN OF VAIL Ludwig Kurz Mayor ATTEST Lorerel Donaldson r ma raven of Vail managed by Dana Investment Advisors. 2. Sts ~ hompson, the Fnance Airector of the Town , a his successor, and Chdstine 8. Stood ace and Budget Manager of the Town' her successor, and Judy Papsck, Accounting Technician oT fha Town aF Vail, or her successor, are #rereby authorized to open a Ghadea Schwab and Gompany, Inc. custodial ac- count and money madcet account in the name of the Town of Vail. 3. This Resolutien shall Take effect immedi- ately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 1 Sth day o! January, 2000. TOWN OF VAIL Ludwig Kurz Mayor ATTEST Lorelei Donaldson Town Clark Pubiisfied in The Vail Trail on January 21, 2000 Px~blic Notice ORDINANCE NO. R Serlea of 2000 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP FOR THE TOWN OF PAIR IN ACCORDANCE WITH TITLE 12, ZONING REGUt.ATtONB, CHAPTER S, ZONING MAP; REZONING PART OF TRACT B, VAiL VIRLAGE SEVENTH FILING fSKt CLUB VAILI FROM AGRICULTURE AN OPEN SPACE lAJ DISTRIC (S R} DI57RICT.ECREATION WHEREAS, the Town Council finds that this zone tlesignatlpn is compafible'with and suitable to adjacent uses, is consistent wRh the Town's Land Use Rlsn and Zoning Regulations, and is consistent with the Comprehensve Opsn Lands Plan, earl€s approp~ale for the area; and WHEREAS; The Planning and Envtrortmen- tar Commission of the Town of Veil has recam- mantled approval or this zoning map amendment at its December 34th, 1999, meeting, and has submitted Ns recommendation to the Town Coun- cil; and WHEREAS, the Town Councft.cansiders it in fire interest of the public health, safety, and wel- fare to amend the otlicisl Town of Vail Zornng Map. , NOW, THEREFORE, BE IT ORDAINED BY' THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORAI7a, THAT SECTION 1. The Offidal Zoningg Map of the Town of Vail Is hereby amended as follows: Part o) Tract B, YaN Village Seventh FilinpJ598 Vail Valley Od,re shall be rezoned to Ski Base Recreation (SBR} Oistdct, in accorrl- ance with the attached map. sEertaN 2. ry any part, section, subsection, sentence, clause or phrase of tt,is ordinance is for any r~a- son held to be invalid, such decision shall not ef- fect the validity of the remaiMng portions ai Ehis ordinance; end the Town Coundil hereby da- ciares flwould have passed This ordinance, antl each pad, section, subsection, sentence, clause or phrase thereof, regardless of fha fact Ehet any one or more parts, sections, subsections, senten- ces, clauses or phrases be dectared kvalid. SECTION 3. Tire Town Cauncll hereby finds, determines and declares that this ordinance Is necessary and proper for the health, safety and wefare of the Town of Vaif and the Inhabitants thereof. SECTION 4. Tha amentlment of any provision of Nre Town Cade as provided in this ordinance shall net affect any dght which has accrued, any dory imposed, any violation that occurred prior to fha effective data hereof, an prosecution com- menced, nor any other action or proceeding as commenced urWer or by"vlrltre of tiro pro+~iston amended-The amendment of any provis on here- by shelf not revive any previsdon or ehyordinance praviousiy repealed or superseded unless ex- p70S+Iy 3ratad harem. SECTION 5. A!I bylaws, orders, resolutions and ordinan- ces, or pads thareoF, lncartsistsnt herewith are repealed to file ardent onry of such intansistency. This repealer shalt Hat be Construed to revise any bylaw, order, resafutlan or ordinance, or part thereof, theretoiare repealed. INTRODUCED, READ ON FIRST READ- ING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of .January, 2004 and a public headng for second reading of ttris Ordinance set for the 1st day of February, 2000, in We Council Chambers of the VaiF Municipal Building,~Vail, Golorado. TOWN OF VAIL Ludwig Kurz Mayor ATTEST Lorelei Donaldson Town Clerk Published In Tha Vafl Troll on January 23, 2000. ,au,iy raw wgrer inraKe s,ruaare and pump s[a- tion iota#ed on Black Gore DdverLot 8, Heather of Vail. AppNcant: Eagle River Water °nd Sanitation Distdci Planner. Breai Wtlsor- WITHDRAWN 4. Information Update. 5. Approve! of January 10, 2000 minutes The applications and iMormetlnn about these proposa45 are avarlahle for public inspection dur- ing regular office bouts 1n the project planner's of- fice losated at the Town of Vait ComnruniN De- velopmanE Department, 75 South Fronraga Road. Please call 479-2138 for information. Sign ian- guage iMarpretation is ava7abfe upon request with 24-hour notiflcation. Please call 479-2356, Tslephone for the Hearing impaired, for informa- Eton. TOWN OF VAIL DEPARTMENT OF COMMUNITY DEVELOPMENT Published In The Vall Troll on January 21, 2000 Public Notice ORDINANCE N0.1 Series of 2000 AN ORDINANCE ADOPTINC# AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVEROPMENT DISTRICT N0.5, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTAVCTION OF THE VAIL PLAZA HOTEL; AND SETTING FORTH DETAILS Ill REGARD THERETO. WHEREAS, In 1876, the Vail Town Gauncll rted Ordinance Na. 7, Sades of 7976, estab- tg Special Development Dlstdet No. 6, Vafr -f0 of the Zoningg ndmenis to prevl- Plans for SpeGat WFIEREAS, Waldir Pratlo, dba, Daymer Cor- poration, as owner of the Phase IV propedy, has submitted an applicailon for a melon amendment to Special DavelopmaM District Flo. 0, Vail Vil- lage Inn, Phase IV; and WHEREAS, the purpose ai this ordinance Is to adopt an Approved Development Plan for ttre Vail Vrllage inn Special Development Distdci, Phase IV Io allow for the construction of the Veil Plaza Holsf; and WHEREAS, tl,e proposed major emenWtreM to the SpecisJ Devekpment District Is In-the bas! Mterest of the town as 0 meets fha Town's devei- oprrrant objectives es Identified in the Town aF Vail Comprehensive Pian; antl WHEREASr In accordance with the provi- sions outlined rn the Zoning Ragutations, the Planning & Envlronmentai Commission held a public hearing on the major amendment applica- tion; and WHEREAS, the Planning 8 Environmental Commission has reviewed the prescdbed cMeria for a major amendment and has submitted its unanimous re.,..,,,.,,ondation of approval to the Vail Town GounGl; and WHEREAS, all notices as required by the Town of Vail Municipal Coda have peen sent to fire appropdate parties; and WHEREAS, the VaiF Town Council considers it in the bast interest of the public heahh,.safety, and .welfare to adopt and re-establish the Ap- proved Development Pian for Specal Dovaiop- ment District No. S, Vail Vfllega inn, Phase IV, ValtPlaza Hotel; and - WHEREAS, the approval of the major amendmenrto Special Development Distdci No. 6, Vail Viflagelnn, Phase tV, Vall Plaza Hotel and the development standards in regard thereto shall nrn establish 'precedence or entitlements elsewhere wfthln fha Town of Vall. NOW, THEREFORE, f3E rT ORDAINEp BY THE TOWN COUNCIL OF THE TOWN OF VAIL, GOLORADO, THAT: sECrioN t. r'urposa. of the Ordinance Tha purpose of Ordinance No. 1, Series of 2000, is to adopt an Approved Development Plan far Special Development District No. 8, Vail Vil• loge rnn, Phase IV, Vaii Plaza Hotel. The Ap- proved Development Plans for Phases I, III & V remam a~tproved antl unchanged for fha davetop- ment ct ..prraal D°~'slcp'R9n! ni~triM Nn a •~l: ,r^ fha Town of Vall, unless they havo otherwise ax- plred. Only the Approved Devetopment Plan for Phase IV, the Vait Plaza Hotel is hereby amend, ed and'adopted, SECTION 2. Amendment Procedures Fulfilled, Planning Commission Report The approval procedures described in Sec- tion 12-9A of fha Vail Municipal Code have bean fulfilled, and the Vail Town Council has received the recommendation aF the Planhing & Environ- mental-Commission for a major amendment to fha Approved Development Plan for Spacial De- velopment District No. 6, Vail Vfllega Inn, Phase IV, Vail Plaza Hotel. Requests for amendments to the Approved Development Pian shall follow the pprocedures outlined in Section 12-9A of the Vail Municipal Code. SECTION 3. Specie! Development District No. 6 The Special trevelopmeM District and the Major Amendment to fha Appprroved Davalopmeht Plan for Phaso IV are astablishad to assure com- prehensive development'and use of rite area in a manner that would be harmonious with iha nan- valopment District IJo, regarded as being complementary tiiiithc f V411 by the Vail Town Council end e & Environmental Gommiaslan, andrhas established since dtere are signitlcant aspects of tits Specl4l Devel- opmen! District that cannot be satisfied through ~e Imposluon of the standard Puhlfc Accammo- atlon zone district requirements, SEGTION 4. Development Standards - Special Davelop- mont DislriU No. 6, Vell ~Vlllage Inn, Phase iV, Vail PIa2a Hotel pevaloprnent Pfan Tlra Approved Development Plan for Special pevalopmam Dlshlct No. 6, Vall Village Iran, Phase IV, Vnll Plaza Hotel shall include the fol- lowing plans and materials prepared by Zehren and pssoclatas, ha„ dated November 23, 1999 and starnpod approved by the Town of Vall, dat• ad January 16, 2000: A. Slto Illus[rativo Pfan B. Site Vignettes Kay Plan (naiad "For illus- tration purposes only") C. Silo Vignettes ^. Silo Pfan (revised) E. Laval Minus Twc F. Laval Minus Ona G. Leval Zero H. Lnvel Ono I. Laval Twp J. Lovel 7hrae tC. Lave! Four L. Laval Five M. Laval Six N. RaoF Plan O, Rvof Plan {Mechanical Equl menf) P, Street SectionsVail Road EtevatloNNorlh Frontage Rand Elevation} O. Plaza Secllons (South Plaza levatian/East Plaza Elevation) R. Building A Elevations 5. Building A Sectiohs T. Building B Elevations U. Building B Sections V. Building Height Plan i (pbsolute W. Building Heigght Plen 2 (Maximum Haight Above Gradehnterpolated Contours) X. Pool Study {Peal Secllons) Y. Vail Raad Setback Study Z, Loading and Delivery Plan AA. Street Entry Studies (Nall RaadlSouth Frontagge Aoad) BB. Sun SWdy CC. Landscape Improvements Plan DD. Off-site Improvements~Plan Parndtiad Usas - The parmiged uses Bt Ptiase IV of Special Davelopmont District No, 6 shall be es set forth in the devolapmenl plans rclarenced fn Secllon 4 of this ordinance. CondiNunal Uses - Condlllonal uses tar Phase IV shall ha set forth In Sacllon 12-7A-3 of the Town of Vail Zon- ing Regulations. All conditional uses shall be re- viewod par iha pracedurea as aWllned in Chapter d2-16 of the Town of Vail 2oningg Raggufatlons. Density - Unhs par Aae - <]welling Units, Ac- commodation Uidts, $ Fracllanal Fea Club Units Tho number of units permitted in Phase IV shall no[ exceed the following, Dwolling Unlls- 1 Accommodation Units - 9fi Fracl#onal Fee Club Unlls - 46 Density -Floor Aroa Tho gross residontfal Iloar urea (GRFA}, common area and commercial square footage permitted for Phase IV shell be 4s set Forth In the Approved Davelopmont Plans referenced in Sec- tion A of this nrdinanco. Setbacks - Raqulred setbacks for Phase IV shell bo as set forth in the Approved Davelopmont Plans ref- erertced in Section 4 of this ordinance. Tha Front setback aWng V411 Raad shall he 2q'. Height - Tho maximum building height far Phesa FV shall ba as set Forth In the Approved Davelop• menf P4anc raforencrrd In SeG c,r 4 of this ordi- nance. For the ppurposes o1 SDD Na. 6, Phase IV, calculalicns of hefghL het®ht shut! moan iha dis- tance measured vertically from the oxlating grade or finished grade (whichever Is more restrictive), at any gluon point to tho top of a flat roof, or man- sard roof, ar fo the highest ridge tine at sloping roof unless otherwise specified In Approved De• velopment Warts. Site Covorage - Tha maximum allowable site coverage far phase IV shall bo as eel forth In the Approved Devefoppmart Plans retaranced In Section 4 0€ Ibis ordinanco. Landscaping Tha minimum landscape area requirement for Phuse IV shall be as eel forth In Iho Approved Development Plans rofsrenced In Soctlon 4 of [his ordinance. Park€ng and Loading - The required number of off-street parking sppaces and loadingldellvary berths for Phase IV s;hali be provided as set forth in ilia A proved De- velopment Plana referenced In Section 4 of this ordinance. In no Instance shall Vall Road or the South Frontage Road fro used for 1oadingrdelVv- erK or yuost drop-off/pick-up without iha pricr wnkon approval of the Town of Vall, Ths required parking spaces shall not be indiuiduafly sold transferred, leased, conveyed, rented ar res ed to any parson other Than a tenant, occ a user of the building for which the space, or area are required to be provided by the onmg Regulations or ordinances of the Town. Tha tore- going languaagge shall not prohibh the temporary use of the parlring spaces for events or uses out- side of the bu9ding, sub}act to the approval of the Town of Vail. SECTION 5. Appproval Agreements for Speclet Develop- ment olatdct No. 6, Phase VV, VaN Plaza Hotel f. That the Developer submits an Emptoyea Housing Plan to the Town of Vail Community De- valopment, within 30 days of The appproval of Or- dinance No. 1, Sedes of 2000, far tfte ravlew and approval of the Plan by the Vall Town Council and/or reviewing Boards and Commissions, prior to the Issuarus of a 4uAding permN. Ala mini- mum, the proposed Plan shall include, but not be limited to, housing alternatives, with at least one altemativa showing 38 beds and at least One ad- ditional plan showing 19 beds on-site and within the Special Davelopmont District for the consider- ation of the Town. The required employee hcus- Ing units shall be located within the Town of Vall and comply with iha Town of Vail Employee Housing Requirements (Title 12, Ghapter i3, of the Town of Vafi Municipal Code). The Developer shall provide dead restricted housing for amini- mqm o1 36 employees, and said deed-restricted housing shall be made available for occupancy, and iha deed restricllons be recorded at the Of- Fice of iha Eagle County Clark & Recorder, prior to requesting a Temporary Certificate of Occu- pancyfar the Veit Plaza Rotel. Nothing contained heroin shall obligate the Town to approve such a Plan, na shall the Developer 6e required to re- move existing proposed uses or density in order to construct the employee housing units on site. The Devalo ar agrees, at the determination of [he Town of Vail Community f?evetopmant Da- partmeni, to make all necessary aapppllcatlons end proceed through ail required daveropment review pprrmasses resulting from Ehe proposed Employee Housing Plan. 2. That 1ha Develcper submits detailed civil engineering drawings of iha required off-site im- pravementa (street lights, drainage, curb and gut- ter, sidewalks, gradingg, road improvements, etc.) as Identified an the offslte improvements plan to the Town of Vail Public VOorks Department for re- view and approval, prior to application fora build- ing permit. 3. That the Developer submits a detailed fi- nal landscape plan and fines architectural eleva- tions for ravlew and approval o11ha Town of Vail Desiggn Review Board, prlot to application for a ltuitdinrt permit. 4. The sdd approval time requirements and Ilmitations of Section 12-9A-12 shah apppply to Or- dinance No. 1, Series of 20g0. In addition, the hosing of [he construction of the hate) shall not ~e permitted. 4. That the Devaioper submits iha fallowing plans to she Department of Community Davelop- mont, for review and approval, as a part of the building permit application for the hotel: a. An Erasion Confral and Sedimentation Plan; b. A Construction Siaging and Phasing Plan; a A Stormwater Management Plen; d. q Site Dewatering Plan; and e. A Traffic Cohfral Plan. 6. That the Devaiopper receives a conditional use pamrit to allow for tho construction of Type III Employee Hoosing Urilts in Phase IV of iha Dis- tr€ct, In accordance with Chapter i2-1fi, prior [d the Issuance of a building p~tmit, to provide housing on-site, if Eha application to amend Spe- cial ^evatopmant District No. 6, pursuant to Con- ditlan of Approval N7 above, is approved by iha Town of Vail. 7, That the Developer submits a complete set of plans to iha Colorado Depadment of Transportation for review and .approves of a re- vised access permit, prior to application for a building parmh. 8. That [he Developer meets with the Town staff to prepare a. memorandum of understanding auNlning iha responsibillNas and requirements of iha required off-site Improvements, pnor to sec- ond reading of art ordinance approving iha motor amendment. 9. That iha Developer revises the plans to comply with the required 20-faoE alo»g.Vail Road pursuant to the Toning Regulations of the Town of Vrrll. The revised plans shall be reviewod and approved by iha Town of Vail Design Review Board prior to tho Issuance of a buildktg permit. 10. That Iho Developer submits a complete set of plans responding to the design concerns axpreseed by preg Hall, Director of Public Works & Transpanatlan, in his memorandum to Georgge Ruther, dated 12113189. The drawings shall be submitted, reviewed and approved by Iho Town Engineer, prior to final Desiign Review Hoard ap- proval. 11. That the developer records a public pe- tlashian easement between the hotel and the Phase III Condominiums end between the Phase V Building property lines, Tho easemert shall be prepared by the developer and submitted for re- view and approval of the Town Anarnay. The easement shall bo retarded wtut the Eagle Coun- ty Clerk & Recorders Office prior to the issuance of a Temprnary Carliftcate of Oscupancy. t2. That the Developer record a dead-re- sirict[on, which the Town is a party to, on the Phaso IV property prohi4iting the public ass of the Spa taciiity in [he hotel. Said restriction may ba revoked i1 the Developer is able fa demon- strate to the sa[isfactfon o1 the Town that ada- quota provisions for vehicle parking have been made to « ..............~ata tha'public use of the spa. he restdctlon shall be recorded prior to the issu- nce of a building pe[mfl. 13. That the Developer submits a final oMed- or building materials list, a typical watt section and complete color rendering for review and ap proval of the Design Review f3aard, prior to mak- ing an application for a buiding permit. 14. That the Developer submits a comppra• hensive sign program proposal for the Vail Plua Hotel far review and approval of the Design Ra- vlaw Board, prior to the issuance of a Temporary Certificate of Occupancy. - 15. That the Developer submits aroof-tap mechankcal e~ulpmerri plan for review and appro- val of the Des pn Review Board nrior to the issu- ance of a building permit. AA too -top mechanical equipment shall be incorporated into the overall design of the hote€ and enclosed and screened From public view. 16. That the Developer pasts a bond with the Town of Vafl to provide financial security for the 125 % of the total east of the required off-site pub- lic improvements. The bond shall be in place with the Town prior to the issuance of a building per- mit. 17, Thai [he Developer installs bollards or similar safety devices at iha intersection of the delivery access driveway and iha sidewalk along the Scuth Frontage Road to prevent conflicts be- tween pedestrians and vehicles, prior to the Issu- anca of a Temporary Certificate of Dccupanuy. 18. That- the Developor studies and rede- signs iha entrance on the north side pf the hotel across from the entrance to the Gateway Building to create a more inviting entrance or a design that redirects pedestrians to another entrance. Tha final design sha}I be reviewed and approved by the Design Review Board prior to the issuance of a building permit. 19. That the Developer coordinate efforts with uta owners of the Gateway euilding to create a Below ground access for loading and delivery to the Gateway from the VaB Plaza Hotel to resolve potential loading and delivery concerns at the Getaway. if a coordinated effort can be reached iha Develop8r shall submit revised plans 1o the Town of Vaii Community Development Depart• menf tar review and approval, prior to the issu- ance of a building permit, 20. That the Developer revises iha proposed floor plans for the Vail Plaza Hotel to rovide freigght efevaior awess to iha lowest level of the parking structure. The revised plans shall be sub- ' milled io the Town of Vail Community Develop- ment Department for review and approval prior to the Issuance of a building permit: 21. Thai the developer redesigns the pro- pposed elevator tower io create an architectural feature atop the tower and revises the proposed buildingg elevatlods and root plan prior to Nnal re- view o-i the proposal by the Design Review Board, The Board shall review and approve iha revised design, 22. That iha Developer, +n cooperation with the Town of Vail Public Works DepartmenE de- sign and construct aleft-turn lane an Vail Road and reconfigure the landscape island in iha South Frontage Road median to eliminate left-[ums from the foadin~ldaiivery. The construction shall be winpleted pnor [c the issuance o€ a Tempora- ry Certificate of Occupancy. 23. That the Developer provides a central- ized loadingtdalrvery faCllilyfor iha use o1 elf own- ers and tenants within Special Oovelopment Dis- trict No. G, Access or use of the tacNity shad not ba unduly restricted for Special Development Dis- trict No, 6. Ti7a IoadingldeltVery facility, including docks, berths, freight elevators, service corridors, etc., may be made available fvr public and/or pri- vate loadingJdelivery programs, sanctioned by the Town of Vail, to mitlgata loadingldelivery im- pacts upon iha Vail Village loadingg~fdalivery sys- tom. Tha use of iha facility shall only be permitted upon aTinding by the Town of Vail and Una Devel- oper that excess capacity exists, Tha Devaioper will be compensated by the Town of Vail and/or others for the common use of the facility, The fi- nal determination of iha use of the facifily shall be mutually agreed upon by the Developer and the Town of Vail. 24. That the Developer submits a written fet- ter of approval from ad)ecern properties whose property is being encroached upon by certain im~ provamenis resulting ham iha rons[ruction of iha hotel, prior to the Issuance of a building permit. 25. Thal the Developer executes a Develop- er Improvement Agreement to cover the comple- tion of rho required off-site improvements, prior to the issuance of a building permit. SECTION 6. If any part, section, subsection, sentence, clause or phrase of ibis ordinance Is for any rea- son held to be invalid, such decision shall not af- fect the validity of the remaining portions of this ordinance; and iha Tawn Council hereby de- dares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereat, regardless of the tact that any one or mote parts, sections, subsections, senten- ces, clauses or phrases ire declared innal}d. St=CT1ON 7. The repeal'or the repeal and re-enactmem of an provisions of the Vail Municipal Coda as pro- vided in this ordinance shall not affect any right which has accrued, any duty imposed, any viola- tion that occurred prior to the effective date here- of, any prosecution commenced, nor any other action ar proceeding as oommanced under or by virtue of the provision repeated or repealed and reenacted. Tha repeal of any provision hereby shall not revive any prevision or any ordinance previously repealed or superseded unless ex- presslystated herein. J • secrioN a. All bylaws, orders, rosolullons and ordinan- ces, or parts thereof, inconsistent herewith are hereby reppeated to the extent onlyy of such inwn- sistency. Tne repealer shall net 6e construed to revise any bylaw, order, resolurion or ordinance, or pad Cheroot, heretofore repeated. INTRODUCED, REAb ON FIRST REAp- iNO, APPROVED AND pRpERED PUBLISHED ONCE iN FULL ON FIRST READING this 4th day of January, 204D, and a pubitc hearing for second reading of this Ordinance set for the 18th day of January, 2000, in-the Council Chambers of the Vaii Municipal Building, Vail, Colorado. TOWN OF VAIL Ludwig Kurz Mayor ATTEST Lorelei Donaldson Town Clark RF1tD AND APPROVED ON SECOND READING ANlI ORDERED PUBLISHED ONCE IN FULL this tr3th day of January, 2000. TOWN OF VAIL Ludwig Kurz Mayor ATTEST Lorelei Donaldson Town Clerk Published in The Vail Trail on January 21, 2000