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HomeMy WebLinkAbout1990-22 TABLED INDEFINITELY Amending Special Development District No. [undefined] Commonly Referred to as the Marriott Mark Resort.:~ . ~ ~ ~ • ~~ ~-~ ORDTNANOE N0. 22 /N.9~L~~' ~"~wt-~~. SERIES OF 199Q ,,3~ AN OIZDxNANCE AMI~PTUING SI?EC:~AL DEVELOPMENT D7 ~~/~` ~v COMMONLY REFF,RRED TD AS THE MARRIOT`T' MAItn sc~,~.,~~~ AND TIiI~; DI~VFLOPI%[Is'IdT PL~1Di T:N AC".CORDANCE WITH CIiAPTEI2 18.40 OF TfiC VA1:L MUN7.i:1PAr~ CODE ANT) SI;'T'I'ING 3.~ORTIi DE'I'ATLS 1N RIaGA,RD THERE'PU WI~IERI/AS, Chapter 18.40 of tyre Vail Municipal Code authorizes Special DevelopmerrL- Districts witkr~.n 'the Town; and WIiIJREAa, Special Development District No. 7 for development of Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing was originally apl~rovec}. by Ordinance No. 3, Series of 1977, and subsequently amea~rcied by Ordinance No. 25, Series of 1981. and Ordinance Na. G, Series of 1982; and WHEREAS, the Applicant and Uwnex~ (M-K Corporation and Marriott Corporation) desire to make amendments to Special Development District No. 7; and WHEREAS, tkre Amendment to Special Development District No. 7 will. insure unified and coordinated development within the Town of Vail in a manner suitable. for the area in which it is situated; and VdHNREnS, tkre Planning Commission has recommended approval of the znodifi~:ation to Special Development District No. 7; and WHI?,RI~AS, the 's'own Council considers that it is reasonable, appropriate and kaerYefir:ial to the Tawas and its citizens, inhabitants and visitors to amend Special Development District Nn. 7. NOW, '1'IIFREFORE, BE :F.'L' ORDAINED BY THE TOWN COUNCT.L OF THE TOWN OF VA:EL, (:OLORAI)O, TIIA'T': SECTI:UN 1. Amendment procedures fulfilled, Flannina Commission report. 'i'lie approval procedures prescribed in Chapter 18.40 of the Vail_ Municipal Code have been fulfilled, and tl~e Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 7. SECTTDN 2. Amendment to Prior Ordinances. Amendment Ordinance No. 3, Series of 1977, Ordinance No. 25, Series of 1981 and Ordinance No. G, Series of 1982 are hereby amended by the addition of: Part II to read as follows: A. Staecial Develox~merit District No. 7. Part TI of Special Develnp~nent District No. 7 ("SDD7") and The Development Plan as herein after defined and set forth is hereby approved for the continuing development of Lots 4, 7, C az~d D, Block ~., Vail Lionshead 'T'hird Filing located withitl the Town of Vail consisting of 5.08 acres (221,527 square feet). 1 • ~ • I3. PurDOSe. Part II of SDD7 is hereby established to ensure comprehensive development in the use of an area that will be harmonious with the general character of the Town of Vail and the existing 5DD7 and to promote the upgrading and redevelopment of a key property in the Town of Vail. The amendment to SDD7 is regarded as complimentary to the Tawn by the Town Council and meets all design standards as set forth in Section 18.4A of the Municipal Code. There are significant aspects of the Amendment to Special Development District Na. 7 which cannot be satisfied through the imposition of the standards in the existing SDD7 or under existing zoning. The amendment to SDD7 is compatible with the upgrading and redevelopment of the community while maintaining .its unique character. C. Definitions. 1. Time-Share Estate shall be defined as set forth in Section 18.04.420 of the Town Municipal Code. 2, Emolovee Housing Unit shall be defined as follows: A dwe~.l.ing unit as stzown on the Redevelopment Plans, marked as Employee Housing Unit. D. Develaament Plan. 1. A development plan for Part IT of SDD7 is approved and shall constitute the plan far the redevelopment of a portion of SDD7. The redevelopment plan is comprised of those plans submitted by Arnold, Gwathmey & Pratt Architects and Dennis Anderson Associates, Inc. as set forth below: a. Landscape Plan by Dennis Anderson Associates, Inc. dated June 4, 1990. b. Site Plan, Floor Plans and Parking Plans by Arnold, Gwathmey & Pratt Architects dated May 14, 1990. c. Elevations and Sections by Arnold, Gwathmey & Pratt Architects dated May 14, 1990. d, Environmental Impact Report by Peter Jamar Associates, Inc. dated May 10, 1990. The plans listed in 1 through 4 above shall far the purposes of this Grdinance be referred to as "The Development Plan". 2 t ~w ~~ 2. The development p~.an shall adhere to the following; a. Setbacks. setbacks shall be as noted on the Site Plan listed above. b. Heiaht. Heights of structure shall be as indicated on the elevations listed above but shall not exceed 48 feet measure vertically from existing or finished grade at any given point to the top of the flat roof, mansard roof, or to the highest ridge line of a sloping roof. c. Site Coverage. Site coverage shall be as indicated on the site plan listed above. d. Landscaninc~ The area of the site to be landscaped shall be as indicated on the landscape plan listed above. A detailed landscape plan shall be submitted to the Design Review Berard for their approval. e. Parking and Loadincr. Parking and Loading shall be provided as indicated o~~ the site plan and floor plans as listed above. In na case shall the parking provided on the total site as covered by SDD7 be less than 400 spaces. E. Density. The: existing development and conditions for SDD7 shall be as defined under Ordinance No. 3, Series of 1977 and under ordinance No. 26, Series of 1981 and under Ordinance No. 6, Series of 1982. The approval of this Part II of SDD7 shall permit an additional 5Fi dwelling units which shall be used as time-share estates and 10 dwelling units which shall be used as employee housing units. The 56 dwelling units used for time-share estates shall not exceed 1050 square feet of gross residential floor area per unit for a total of 58,800 square feet of GRFA. The 10 dwelling units used as employee housing shall have a gross residential floor area per unit of appraximately 400 square feet, and shall have a maximum tatal of 4000 square feet of GRFA. F. Permitted. Accessorv and Conditional Uses. Time-share Estates and Employee Housing Units shall be the only permitted uses for the 66 dwelling units as set forth in The Development Plans. Accessory and Conditional Uses shall be as set forth in the High Density, Multiple Family Zone District. Any additional requests for time-share units shall require a major amendment to SDD7. 3 . _. ~ ~~ ~ ! G. Restrictions on Emtalovee Housing Units. 1. No Employee Housing Unit shall be sold, transferred or conveyed unless such sale, transfer or conveyance is to a non-profit Condominium Association farmed to manage the 56 time-share estates. 2. No Employee Housing Units shall be leased or rented far any period of less than thirty consecutive days and it shall be acented only to tenants who are full-time employees in the Upper Eagle Valley. The Upper Eagle valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle, Vail, Avon and their surrounding areas. A full time employee is a person who works an average of thirty hours per week. 3. An E~riployee Housing Unit shall not be divided into any form of time-share estate, interval ownership or fractional fee. 4. The restrictions contained in this Section 23 shall be placed in the Condominium Declaration for the benefit of the Town of Vail and shall not be changed without the consent of the Town of Vail. 5. Each employee dwelling unit shall have a total gross residential floor area of approximately 400 square feet. 6. The owner/applicant shall submit to the Town Attorney a covenant permanently limiting the use of the ten employee dwelling units to long term employee rentals in perpetuity. Once the covenant is approved by the Town Attorney, the agreement shall be filed of record in the office of the Eagle County Clerk and Recorder to insure that the restrictions shall run with the land. The covenant shall be recorded prior to the issuance of a building permit for The Development Plan. The covenant shall include the conditions as set forth in 5eetion 2, Paragraphs G 1-5 above. H. Amendments. Amendments to the approved development plan shall follow the procedures outlined in Section 18.40.100 of the Vail Municipal Code. 4 • ,, ^ • ~~. T. Conditions of Abr~roval for SDD7. ~.. A detailed drainage plan and other design issues relevant to public works shall be submitted and approved by the Tawn of Vail prior to the issuance of a building permit. Pollution control devises shall be incorporated into the parking garage per the submitted environmental impact report. Gore Creek shall be protected from any construction impacts by the use of an erosion control plan. 2. Working in coordination with the Town Staff, the applicant shall fund and conduct a comprehensive traffic study of the West Lionshead Circle area suitable for determining the applicant's contribution to the cost of constructing any necessary turn lanes on the South Frontage Road to West Lionshead Circle. Preliminary design and cost estimates for the turn lanes shall be provided by the applicant. At a minimum the applicant shall be responsible for contributing an amount of money to cover the applicant's share of the cost of the road improvements so determined by the comprehensive traffic study for West Lionshead Circle. 3. A preliminary design and funding strategy for constructing any turn lanes shall be established prior to the issuance of any building permit and the turn lanes shall be completed prior to the issuance of a temporary certificate of occupancy far the development plan unless otherwise deferred by the Town of Vail Community Development Department and Public Works. Tl~e funding and construction plan must be approved by the Town of Vail engineer, Community Development Department, Town Council and Colorado Division of Highways before the building permit is released for the expansion. The Applicant shall be required to submit a Colorado Department of Highways Access Permit Application on behalf of the Town for the West Lionshead Circle/South Frontage Road Tmpravement. A signed Colorado Department of Highway permit must be obtained by the applicant before a building permit is released unless such permit is not necessary as confirmed by the Tawn of Vail Community Development Department and Public Works. 5 `~~ 4. All aspects related to the time-share estates of this facility shall comply with all applicable Town Ordinances that regulate time-share activity, Time- share estates are only approved for the 56 time-share units. The 10 employee dwelling units shall not be allowed to convert to time-share estates. Time-share units that are not sold for certain weeks shall be made available to the public as short term rentals. 5. Detailed landscaping similar to the Westin Hotel landscaping along the recreation path proposed an Town of Vail property shall be submitted by the applicant to the Town of Vail Landscape Architect and Engineer for approval before such proposal is submitted to the Design Review Board, All landscaping proposed an Town of Vail land shall be maintained by the applicant. 6. The applicant agrees to regrade, revegetate and repair the drainage on the bank adjacent to the bike path along the southern property line of the Marriott Mark Hotel by August 1, 1990. A letter of credit in the amount of $ shall be submitted to the Town of Vail before second reading of this Ordinance. The landscape and drainage work shall be submitted to the Town Engineer, Landscape Architect and Community Development Department for approval before the proposal is presented to Design Review Board. 7. A temporary certificate of occupancy shall not be released for The Development Plan until all site improvements have been completed such as sidewalks, landscaping and drainage as set forth an the development plans. If the weather prohibits the completion of any improvement, the applicant shall. be required to provide a letter of credit to cover 1250 of the construction casts for these improvements. The construction estimate shall be reviewed and approved by the Town Engineer and Landscape Architect. The agreement stipulating how and when the improvements will be completed and the dollar amount and form of letter of credit shall be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy may be released far the development plan. 6 . ~~ 8. Before a temporary certificate of occupancy is released the applicant shall plat and record a public easement to ensure public access through SDD7 an the proposed sidewalk improvement an The Development Plan. The applicant shall submit the proposed easement agreement to the Town Attorney and Town Council for approval prior to recording. 9, The applicant shall not market Time-Share Estates on the streets, public ways or public places within the Town of Vail. ~.0. No amplification of sound on the greenspace created by the removal of the two tennis courts shall be allowed For conventions or other special events. 11. Significant landscaping including evergreens, deciduous trees, and shrubs shall be provided on the landscape terraces over the parking area. If additional structural, support must be added to the terraces to support significant landscaping (as described in the previous sentence), the applicant/owner shall be required to strengthen the structure of the terrace to allow far the landscaping. 12. Additional landscaping shall be provided along the west elevation of the parking structure. A mix of deciduous, evergreens, and shrubs shall be provided o.E a size adequate to screen the structure as much as possible. The applicant is directed to work with Vail Associates on the landscaping buffer. 13. All loading areas shall have additional landscaping and screen fencing. 14. The amendments to Special Development District No. 7 are approved conditional upon Planning and Environmental Commission and Town Council giving approval to the underlying zone district request. l5. The ballast an the existing building shall be changed to match the color of the metal roof of the proposed addition. 7 r I5 16. The applicant 5ha11 repaint the existing Marriott Mark in a manner that is compatible with the new development plan. The applicant shall also modify the existing balcony railings on the Marriott Mark. These two improvements to the existing Marriott Mark shall ba incorporated into the Design Review Board and building permit submittals for the Development Plan. A temporary Certificate of Occupancy shall not be released for the Development Plan until the repainting and balcony railing work is completed. If tt2e weather prohibits the completion of any of the above improvements, the applicant shall be required to provide a letter of credit to cover 125% of the Construction casts far these improvements. The agreement stipulating how and when the improvements will be completed and the dollar amount and form of letter of credit shah be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy may be released for the development plan. J. Limitation on Pireolaces. Wood burning fireplaces shall not be permitted in any dwelling unit, whether a time-share estate or an employee hauling unit nor in any public areas. Any gas fireplaces shall meet the criteria set forth in Town of Vail Ordinance No. 24, Series of 1983 and Ordinance Na. 28, Series of 1987, as amended from time to time. K. Recreational Amenities Tax. The recreational amenities tax due for the development within SDD7 shall be assessed at a rate of $1.00 per square foot of floor area and shall be paid prior to the issuance of a building permit. SECTION 3. Sections Declared Invalid. If any part, section, subsection, sentence, clause or phase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 8 ~ `~ ~~ SECTION 4. Conflict with Part TT and Part T of SDD No.7. if any part, section, subsection, sentence, clause ox phrase of Part II conflicts with any part, section, subsection, sentence, clause or phrase of Part I of SDD No. 7, the language contained in this Ordinance shall control. SECTION 5. Health. Safety and Welfare. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. SECTION 6. Reveal and Re-Enactment. The repeal or the repeal and re-enactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which as 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 and reenacted. The repeal of any provision hereby sha11 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS DAY OF 1990 at p.m. in the Council. Chambers of the Vail Municipal Building in Vail, Colorado. Ordered published in full this day of 1990, KENT R. ROSE, MAYOR ATTEST: PAMELA A. BRANDMEYER, TOWN CLERK INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED THIS DAY OF , 1990. KENT R. ROSE, MAYOR ATTEST: PAMELA A. BRANDMEYER, TOWN CLERK 9