HomeMy WebLinkAbout2004-16 Repealing Ordinance No. 21, Series 2001, Adopting a Revised Approved Development Plan for SDD No. 6, Vail Village Inn Phase IV, to Allow for Construction of the Vail Plaza Hotel; Amending Ordinance No. 7, Series 2003 to Extend the Expiration Date• ORDINANCE N0.16
SERIES OF 2004
AN ORDINANCE REPEALING ORDINANCE N0.21, SERIES OF 2001, ADOPTING A
REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT
N0.6, VAIL VILLAGE INN, PHASE lV, TO ALLOW FOR THE CONSTRUCTION OF THE
VAIL PLAZA HOTEL; AMENDING ORDINANCE N0.7, SERIES OF 2003, EXTENDING
THE EXPIRATION DATE OF THIS APPROVAL FROM SEPTEMBER 4, 2004, TO
NOVEMBER 15, 2004; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976,
establishing Special Development District No. 6, Vail Village Inn; and
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously Approved Development Plans for Special Development Districts; and
WHEREAS, Daymer Corporation, as owner of the Phase IV property, has submitted an
application for a revised major amendment to Special Development District No. 6, Vail Village Inn,
Phase IV; and
WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan
for the Vail Village !nn Special Development District, Phase IV to allow for the construction of the
Vail Plaza Hotel and to amend the expiration date of this major amendment approval; and
WHEREAS, the revised 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
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Ordinance No. 16, Series of 2004
WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria
for a major amendment and has submitted its recommendation of approval and findings to the Vail
Town Council; and
WHEREAS, all public notices as required by the Town of Vail Code have been published and
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 adopt the revised Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase fV, Vaii Plaza Hotel; and
WHEREAS, the approval of the major amendment to Special Development District No. 6,
Vail Village Inn, Phase IV, Vail Plaza Hotel and the development standards in regard thereto shall
not establish precedent 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 1. Purpose of the Ordinance
The purpose of Ordinance No. 16, Series of 2004, is to repeal Ordinance No. 21, Series of 2001 and
adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn,
Phase IV, Vail Plaza Hotel and to amend Ordinance No. 7, Series of 2003. The Approved
Development Plans for Phases I, 111 & V remain approved and unchanged for the development of
Special Development District No. 6 within the Town of Vail, unless they have otherwise expired.
Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and
adopted.
Section 2. Amt~ndment Procedures 1=ulfilled. Plannina Commission Resort
The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled,
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Ordinance No. 16, Series of 2004
and the Vail Town Council has received the recommendation of the Planning & Environmental
Commission for a major amendment to the Approved Development Plan for Special Development
District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hote{. 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. 6
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 general character of the Town, provide adequate open space and
recreation amenities, and promote the goals, objectives and policies of the 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 district requirements.
Section 4. Development Standards -Special Development District No. 6, Vail Village Inn,
Phase IV, Vail Plaza Hotel
Development Plan--
The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV,
Vail Plaza Hotel shall include the following plans and materials prepared by Zehren and Associates.
Inc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 20, 2004:
(as may be further revised by the Town of Vail Design Review Board)
A. Site Illustrative Plan
B. Site Vignettes Key Plan (noted "for illustration purposes only'
C. Site Vignettes
• 3
Ordinance No. 16, Series of 2004
• D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
• P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
Site Plan (revised)
Level Minus Two
Level Minus One
Level Zero
Level One
Level One & 1/2
Level Two
Level Three
Level Four
Level Five
Level Six
Roof Plan
Roof Plan (Mechanical Equipment)
Street Sections (Vail Road Elevation/North Frontage Road Elevation)
Plaza Sections (South Plaza Elevation/East Plaza Elevation)
Building A Elevations
Building A Sections
Building B Elevations
Building B Sections
Building Height Plan 1 (Absolute Heights/Interpolated Contours)
Building Height Plan 2 (Maximum Height Above Grade/Interpolated Contours)
Pool Study (Pool Sections)
Vai{ Road Setback Study
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Ordinance No. 16, Series of 2004
• AA. Loading and Delivery plan
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape Improvements Plan
EE. Off-site Improvements Plan
Permitted Uses--
The permitted uses in Phase 1V of Special Development District No. 6 shall be as set forth in Section
12-7 of the Vail Town Code.
Conditional Uses--
Conditional uses for Phase IV shall be set forth in Section 12-7A-3 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« Units per Acre -Dwelling Units, Accommodation Units, 8 Fractional Fee Club Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units -1
Accommodation Units -100
Fractional Fee Club Units - 50
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area}
Density-- F/oorArea
The gross residential floor area (GRFA), common area and commercial square footage permitted for
Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this
ordinance.
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Ordinance No. 16, Series of 2004
• 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 a minimum of 16'.
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 purposes of SDD No. 6, Phase IV, calculations of
height, height shall mean the distance measured vertically from the existing grade or finished grade
(whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
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 forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
• Landscaping--
The minimum landscape area requirement for Phase IV shall be as set forth in the Approved
Development Plans referenced in Section 4 of this ordinance.
Parking and Loading--
The required number of off-street parking spaces and loading/delivery 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 South Frontage Road be used for loading/delivery or guest
drop-off/pick-up without 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 or 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
• 6
Ordinance No. 16, Series of 2004
• 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. Anuroval Aareements for Special Development District No. 6, Phase IV. Vail
Plaza Hotel
1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase II,
Phase III and Phase V to create a below ground accessway for loading and delivery to
the adjoining properties within the District from the Vail Plaza Hotel to resolve potential
loading and delivery concerns. If a coordinated effort can be reached the Developer shall
submit revised plans to the Town of Vail Community Development Department for review
and approval, prior to the issuance of a building permit. The intent of this condition is to
create an interconnected underground loading and delivery system accessible to all of
Special Development District No. 6, Vail Village Inn.
L'
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, Vail Road landscape median improvements, etc.) as identified on the off-
site improvements plan to the Town of Vail Public Works Department for review and
approval, prior to application for a building permit.
3. That the Developer 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 Construction Staging and Phasing Plan;
•
Ordinance No. 16, Series of 2004
• c. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
e. A Traffic Control Plan.
4. That the developer records a public pedestrian easement between the hotel and the
Phase III Condominiums and between the Phase V Building property lines. The
easement shall 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.
5. That the Developer records 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 shall be recorded prior to the issuance of a building permit.
6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza
Hotel for review and approval of the Design Review Board, prior to the issuance of a
Temporary Certificate of Occupancy.
7. That the Developer posts a bond with the Town of Vail to provide financial security for the
125% of the total cost of the required off-site public improvements. The bond shall be in
place with the Town prior to the issuance of a building permit.
8. That the Developer, in cooperation with the Town of Vail Public Works Department to
design and construct alert-turn lane on Vail Road and reconfigure the landscape island in
the South Frontage Road median to eliminate left-turns from the loading/delivery. The
• 8
Ordinance No. 16, Series of 2004
• construction shall be completed prior to the issuance of a Temporary Certificate of
Occupancy.
9. That the Developer provides a centralized loading/delivery facility for the use of all
owners and tenants within Special Development District No. 6. Access or use of the
facility shall not be unduly restricted for Special Development District No. 6. The
loading/delivery facility, including docks, berths, freight elevators, service corridors, etc.,
may be made available for public and/or private loadingldelivery programs, sanctioned by
the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village
loading/delivery 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 and/or others for the common use of the facility. The
final determination of the use of the facility shall be mutually agreed upon by the
• Developer and the Town of Vail.
10. That the Developer executes a Developer Improvement Agreement to cover the
completion of the required off-site improvements, prior to the issuance of a building
permit.
11. That the Developer records Type III deed-restrictions of each of the required employee
housing units, with the Eagle County Clerk & Recorder's Office, prior to the issuance of a
Temporary Certificate of Occupancy.
12. That the required Type III deed-restricted employee housing units not be eligible for
resale and that the units be owned and operated by the hotel and that said ownership
shall transfer with the deed to the hotel property.
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Ordinance No. 16, Series of 2004
• 13. That the Developer submits a copy of an approved access permit form the Colorado
Department of Transportation verifying acceptance of the access points illustrated, as
designed, on the Approved Development Plan, dated July 6, 2004.
14. That the Developer shall contribute a one time payment to the Town of Vail in the amount
of $35,000 for the East Meadow Drive Art in Public Places archway project, or other
Town of Vail approved East Meadow Drive Art in Public Places project, (the "Projects") as
a means of mitigating development impacts associated with the construction of the Vail
Plaza Hotel. Said payment shall be submitted to the Town of Vail Public Works
Department, prior to the issuance of a building permit for the Vail Plaza Hotel. Should the
Town fail to commence with the design and construction of the Projects within one year
of the date of the issuance of a Temporary Certificate of Occupancy for the Vail Plaza
Hotel, the one-time payment of $35,000 shall be refunded to the Developer.
• Section 6. Aipuroval Expiration: Time Limitations
The SDD approval time requirements and limitations of Ordinance No. 7, Series of 2003, shall be
amended to cause this major amendment to become null and void should the Developer fail to
receive an approval of a building permit and submit payment and pick up the permit from the Town of
Vail Community Development Department by no later than November 15, 2004. The phasing of the
construction of the hotel shall not be permitted.
Section 7.
If any part, section, subsection, 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,
• 10
Ordinance No. 16, Series of 2004
• sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8.
The repeal 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 or
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 ordinance previously
repealed or superseded unless expressly stated herein.
Section 9.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby
repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any
• bylaw, order, resolution or ordinance, or part thereof, heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 6th day of July, 2004, and a public hearing for second
reading of this Ordinance set for the 20th day of July, 2004, in the Council Chambers of the Vail
Municipal Building, Vail, Color
.~ ~ ~~~~
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Rodney E. Slifer, Mayor
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Lorelei onaldson, Town Clerk ~ :~
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11
Ordinance No. 16, Series of 2004
•
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 20`h day
of July, 2004.
_~ _~?. ~~
Rodney E. Slifer, Mayor
ATT
v
Lorelei Donaldson, Town Clerk
SEAL
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12
Ordinance No. 16, Series of 2004
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