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Home My WebLink About2012- 7 Repealing and Reenacting the Approved Development Plan for Phase IV of Special Development District No. 6, Vail Village Inn to allow for the conversion of one existing fractional fee club unit to one dwelling unit located at 16 Vail RDORDINANCE NO. 7 Series of 2012 AN ORDINANCE REPEALING AND REENACTING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF ONE EXISTING FRACTIONAL FEE CLUB UNIT TO ONE DWELLING UNIT, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WMEREAS, Ordinance No. 21, Series of 2001, established the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, Ordinance No. 16, Series of 2004, amended the approved development plan for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on May 14, 2012 to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 7-0-0; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are oufinreighed by the public benefits provided; and WHERAS, the Town Gouncil finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a mannerthat conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be Ordinance No. 7, Series of 2012 second reading � occupied; and WMEREAS, the approval of this special development district amendment, 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 1. PURPOSE The purpose of this ordinance is to amend Phase tV of Special Development District No. 6 to increase the number of dwelling units from one to two and decrease the number of fractional fee club units from 50 to 49 for the purpose of converting a fractional fee club unit to a dwelling unit. The Approved Development Plans for Phases I, 111 8� V remain approved and unchanged for the development of Special Development District N0.6 within the Town of Vail, unless they have otherwise expired. Only the Approved Development Plan for Phase IV, the Vail Plaza Motel is hereby amended and adopted. Section 2. AMENDMENT PROCEDURES FULFILLED. PLANNING COMMISSION REPORT The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, 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 Hotel. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Town 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 Distri ct that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. DEVELOPMENT STANDARDS - SPECIAL DEVELOPMENT DISTRICT N0.6, VAIL VILLAGE INN, PHASE IV, VAIL PLAZA HOTEL A. 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 Ordinance No. 7, Series of 2012 second reading 2 B. Site Vignettes Key Plan (noted "for illustration purposes only') C. Site Vignettes D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. Level One I. Level One 8�1/2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation) R. Plaza Sections (South Plaza Elevation/East Plaza Elevation) S. Building A Elevations T. Building A Sections lJ. Building B Elevations V. Building B Sections W. Building Height Plan 1(Absolute Meights/ Interpolated Contours) X. Building Height Plan 2(Maximum Meight Above Grade/Interpolated Contours) Y. Pool Study (Pool Sections) Z. Vail Road Setback Study 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 B. Permitted Uses-- The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Section 12-7 of the Vail Town Code. C. 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. D. Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units - 2 Accommodation Units - 100 Fractional Fee Club Units - 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) E. Density-- Floor Area The gross residential floor area (GRFA), common area and commercial square Ordinance No. 7, Series of 2012 second reading 3 footage permitted for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. F. 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'. G. 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. H. 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. I. 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. J. 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 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. APPROVAL AGREEMENTS FOR SPECIAL DEVELOPMENT DISTRICT N0.6. 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. Ordinance No. 7, Series of 2012 second reading 4 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. Construction Staging and Phasing Plan; 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 a deed-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 provision 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 a left-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 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 loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts Ordinance No. 7, Series of 2012 second reading 5 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 sMall 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 8� 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. 13. That the Developer submits a copy of an approved access permit from 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. 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 7. 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 8. 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 occuRed 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. Ordinance No. 7, Series of 2012 second reading 6 �� Section 9. 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�h day of June, 2012 and a public hearing for second reading of this Ordinance set for the 3rd day of July, 2012, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Donaldstfn,Town Clerk . Daly, a r O�•��OF'�� : : : : . . -; -�EAL ; ; �'•••......•••''� f� �otoRP°o, INTRODUCED, READ, ADOPTED CTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3`d day of July, 2012. Andrew P. Dal yor ATTEST: � or lei Don Idson, Town Clerk ��OF '':%�� . .�...... � . '•. • •. �• . . . • � . • � . • � . • � . . � . � . , . , '' ' O . . '••.....••;O Ordinance No. 7, Series of 2012 second reading 7