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HomeMy WebLinkAbout2004-24 Establishing Special Development District No. 38, Manor Vail Lodge, Pursuant to Article A, Chapter 9, Title 12, of the Vail Town Code ORDINANCE N0.24 Series of 2004 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT N0.38, MANOR VAIL LODGE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for establishing special development districts; and WHEREAS, Manor Vail Lodge has submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 38, Manor Vail Lodge, to facilitate the redevelopment of an existing lodge; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a • public hearing on September 13, 2004, on the application to establish Special Development District No. 38, Manor Vail Lodge, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail finds that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval by a vote of 6-0 (Gunion recused) of this request to the Vail Town Council; and WHEREAS, the Vail Town Council finds that that the request to establish Special Development District No. 38, Manor Vail Lodge, complies with the design criteria prescribed in • Ordinance No. 24, Series 2004 • the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 24, Series of 2004, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 38, Manor Vail Lodge, is established for development on one parcel of land, legally described as Lots A, Manor Vail Subdivision, which comprise a total of 236,536.4 square feet (5.43 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 38". Special Development • District No 38 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 38, Manor Vail Lodge, shall be High Density Multiple-Family (HDMF) District. Section 2. Special Development District No. 38, Manor Vail Lodge, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Zehren and • Ordinance No. 24, Series 2004 2 • Associates, entitled "Manor Vail Condominiums. Studio. and Manor House Addition/Renovation", dated October 19, 2004. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 38, Manor Vail Lodge. The development standards for Special Development District No. 38, Manor Vail Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 38, Manor Vail Lodge, shall be those uses listed in Sections 12-6H-2, 12-6H- • 3, and 12-6H-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 38, Manor Vail Lodge, shall be 236,536.4 square feet (5.43 acres). C. Setbacks: The minimum setbacks for Special Development District No. 38, Manor Vail Lodge, shall be as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 38, Manor Vail Lodge shall be fifty-seven and four tenths (57.4'), and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 38, Manor Vail Lodge, shall be 164,321 square feet and the maximum allowable density shall be one • Ordinance No. 24, Series 2004 3 • hundred forty (140) dwelling units, twenty (20) attached accommodation units, and one (1) Type III Employee Housing Unit, and as indicated on the Manor Vail Lodge Approved Development Plan, dated October 19, 2004. Said Gross Residential Floor Area (GRFA) shall be allocated as follows: • Dwelling Unit (139) - 163,691.0 square feet • Type III Employee Housing Unit (1) - 630.0 souare feet Total 164,321.0 square feet F. Site Coverage: The maximum allowable site coverage shall be forty and four tenths percent (40.6%) or 95,744 square feet of the total lot area, and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. • G. Landscaping and Site Development: At least forty and a half percent (40.6%) or 95,979 square feet of the total lot area shall be landscaped. In no instance shall the hardscaped areas of the development site exceed twenty percent (20%) of the minimum landscaped area. The landscaping and site development shall be as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces shall be two hundred fifty-four (254) of which thirty-two (32) will be include in a private parking club and the minimum number of loading and delivery bays shall be two (2), and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. • Ordinance No. 24, Series 2004 4 • Section 4. Conditions of Approval The Applicant and Developer, agrees to comply to the following conditions of approval, which shall be part of the Town's approval of the establishment of Special Development District No. 38, Manor Vail Lodge: Prior to Second Readina of Ordinance 1. That the developer meets with the Town staff and prepares a memorandum of understanding outlining the responsibilities and requirements of the required offi site improvements, prior to second reading of the ordinance approving the establishment of Special Development District No 38, Manor Vail Lodge. This memorandum of understanding shall include, but not be limited to, all streetscape improvements along Vail Valley Drive and Hanson Ranch Road, details for the improvement of Mill Creek, and details for funding and establishment of a Town of Vail streetscape Master Plan for Gore Creek Drive east of Vail Valley Drive and Chalet Road. The Developer Improvement Agreement shall be signed by all parties prior to issuance of a building permit. Prior to Final DRB Review 2. That the developer submits a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 3. That the developer submits a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. Prior to Submittina for a Buildina Permit 4. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department . Ordinance No. 24, Series 2004 5 • of Public Works, prior to submittal of a building permit. 5. That the developer addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated September 2, 2004, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 6. That the approval of the conditional use permits is not valid unless an ordinance approving the associated special development district amendment request is approved on second reading. 7. That the developer shall be assessed an impact fee of $5,000 for the net increase in p.m. traffic generation as determined by the Town of Vail Public Works Department, as addressed in Attachment E of the September 13, 2004, memorandum. The applicant acknowledges and agrees that the Manor Vail Lodge Redevelopment will generate seventeen (17) additional peak trips and agrees to pay the Town a Traffic • Impact Fee of $5,000 per peak generated trip, for a total of $85,000. The applicants further acknowledge and agree that the payment by East West to the Town of the entire amount of the Traffic Impact Fee ($85,000) shall be a condition to the issuance of a building permit for the Manor Vail Redevelopment. This fee shall be used to pay for public traffic improvements on the South Frontage Road, Vail Valley Drive, Chalet Road, and East Gore Creek Drive as deemed necessary to alleviate traffic impacts. 8. The applicant agrees to contribute $100,000 to the construction of streetscape improvement along Gore Creek Drive and Chalet Road. The Town and the applicant agree that the $100,000 contribution shall be deposited in an escrow account with instructions to restrict use of these funds to the streetscape improvement project in the above-referenced locations. Escrow instructions will also dictate that any portion of the $100,000 remaining in the account the day after the 10-year anniversary of the initial contribution shall be refunded to the applicant. The Parties acknowledge that the Town will be responsible for leading and coordinating all aspects of the streetscape improvement project and that the applicant's role in the streetscape • Oniinance No. 24, Series 2004 6 • project is strictly limited to the contributions outlined above. The Town acknowledges that the streetscape improvement plan must be reviewed by the neighboring homeowners associations and that the Town will reasonably incorporate feedback from these associations and the applicant into the final plan. The entire amount of the Streetscape Improvements to Gore Creek Drive and Chalet Road fee ($100,000) shall be paid by the applicant prior to the issuance of a building permit for the Manor Vail Redevelopment. 9. The applicant, with the input of staff, shall design and construct an extension to the existing sidewalk located in the vicinity of the existing bus stop along Vail Valley Drive. The new sidewalk shall extend onto the 430 square foot parcel which will be deeded to the Town from Manor Vail on the southeast comer of the property. The design of the sidewalk shall be depicted on the building permit set of drawings. • Prior to Reauestina a Temoorarv Certificate of Occuoancv 10. That the developer posts a bond to provide financial security for 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 temporary certificate of occupancy. This includes but is not limited to the proposed raised pedestrian walkways across Vail Valley Drive, resurtacing of the tennis courts if granted permission to stage upon them, and Ford Park pedestrian pathway reconstruction. 11. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. This includes but is not limited to the easement required for the relocated Ford Park pedestrian pathway. 12. That the developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of four (4) employees on the Manor Vail Lodge development site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed • Ordinance No. 24, Series 2004 7 • restrictions shall be recorded with the Eagle County Clerk 8~ Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Manor Vail Lodge. The required Type III deed-restricted employee housing units shall 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. 13. That the developer receives an easement from the Town for those improvements which would be located within Town of Vail property on the rear of Building C. 14. That the parking club be limited to 32 spaces to allow for the elimination to the two parallel parking spaces to the north of Building A and the one parking space in the loading delivery area at the rear of Building B. That the sale of the parking spaces within the club occur as outlined in the proposal. 15. That the developer shall commence initial construction of the Manor Vail Lodge improvements within three years from the time of its final approval at second reading • of the ordinance establishing Special Development District No. 38, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. Remain in olace after occuoancv is aranted 16. The Manor Vail Condominium Association will maintain a working front desk for the purpose of conducting hotel like operations for a period of no less then ten (10) years from the date of this SDD approval, which will facilitate the continuance of the rental program at Manor Vail Lodge. This condition helps to achieve the municipal objective of insuring tax generation by establishing an active rental program for a condominium project. • Ordinance No. 24, Series 2004 $ C, • Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail 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. Section 6. The Vail 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. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. 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 PUBLISHED ONCE IN FULL ON FIRST READING this 19"' day of October, 2004 and a public hearing for second reading of this Ordinance set for the 7"' day of December, • Ordinance No. 24, Series 2004 9 • 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~~ ~~- odney Slifer, Ma r ATTEST: O~N~O,c ~ ~'7 ~ ~ •~'9~< r ei Donaldson, Town Clerk READ AND APPROVED ON SECOND RE D ORDERED PUBLISHED this 7~' day of December, 2004. ~ ; /~i// Rodney Slue , WI or ATTEST: ^.~-sa .' ••'9i .k6relef Donaldson, Town Clerk '• `: ~_~ • ~., . ~uC ORAGO • OMinance No. 24, Series 2004 ~ 0 y~ m ~ ~~~~_q~~Q~~~~~g ~~~~~~. ~, o'c ~ ~~~~ ~~~ ~ ~- - H N M C N N ~ ~ ~~ ~ ~ ~~ ,~, ~_pmps* ~~`jC _ ~: ~ ~- q > ~ s .: ~ e ra _ ~FN ~ ~ ~o~ ~ .~~ ~ d_~ ~ g- z _ ~ f~; ~ ~ ° ° -d d '+, ccCd O p, ~~yy .y YI ° ~V~y ~ ,rte ~ ~ ~ ~ nil .a a O °~ ~ E., w ' '~ ~ ~ ~ d 0 ° Q~~•~3 ~ ,~ ~ ,~ v O O ~ • '~ w ~ ~ 0 A N '~oy~~ ~' QV~~' ~o o ~~ ~ ~ N a +.+ p N b N •° N N ~ • G ~ ter ~ ~ ~ ~ "0 ~ .. y ..r °~ ~~~~>~ ~ a a O ~p :a ~ ° ~ a p i 3 ° b ~°~,~o~~ r, 'b v~ y ~ .b ,o ~ ~ c a '~ a a 3 0 o b o v° ° O >, 3 'p '' ~ a a'y~ °~' a o ~ Q ~ ~'~~o~ ~ ~a 'i ~ a a~ i 3 ~ oQ~~.o~~a ~° ~, • O W -daoo~~~~ -d '~ a O ~" O °'Ax ° ~ ~ 3 O ~ a ° •~ ~ ~ ~.~ ~ a '* F 3 a a. ~ o ~ c ~~w ~~ ~ ~ ~ " ~ v o C d ~ , °-"'~ Q,~~ °' ° ~ ~ b ~ a ri U ~ I ~Q.~a°aFU F a ; A d N v O c~ b a 3 a~ a 0 .~ .a 3 U .o :d c'~ 0 i 0 O cd b N b 0 a~ 0 3 a~ 3 y TJ cd Q O U w O :~ ran a? w 0 c 0 U '~ w b a U a 0 E ~: w a~ .a 0 a 3 v b ,.o .~ U ,C c- 0 0 O 0 b a\ N a U .~ U ~z ti cd a O N ti z .~ a N 0 .~ .~ O U ,.