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2001-14• • • ORDINANCE NO. '14 SERIES OF 2041 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 36, VAIL PLAZA HOTEL WEST, AND ADOPTING AN APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0.3fi IN ACCORDANCE WITH CHAPTER 12-9A, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 12-9A of the Town of Vai! Zoning Regulations permits the adoption of Special Development Districts; and WHEREAS, Waldir Prado, d.b.a. the Daymer Corporation, has submitted an application for the establishmen# of Special Development District No. 36, Vail Plaza Hotel West; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held public hearings on the application; and WHEREAS, the Planning & Environmental Commission has reviewed the prescribed criteria for establishment of special development districts and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed special development district, Vail Plaza Hotel West, complies with the nine design criteria outlined in Section 12- 9A-8 of the Vail Town Cvde and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHEREAS, the approval of Special Development District No. 36, Vail Plaza Hotel West, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been 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 proposed Approved Development Plan for Special Development District No. 36, Vail Plaza Hotel West. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIN, COLORADO, THAT: • • • Section 'l. Purpose of the Qrdinance The purpose of Ordinance No. 14, Series of 2001, is to adopt an Approved Development Plan for Special Development Distric# No. 36, Vail Plaza Hotel West, and to prescribe appropriate development standards for Special Development District No. 36, in accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying" zone district for Special Development District No. 36 will remain "Public Accommodation." Section 2. Establishment Procedures Fulfilled. Plannina Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the establishment of Special Development District No. 36, Vail Plaza Hotel West. Requests for the establishment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Municipal Code. Section 3. Special Development District No. 36 The Special Development District is hereby 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 Town of Vail Comprehensive Plan. Special Development District No. 36, Vail Plaza Hotel West, is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning & Environmental Commission, and has been established because there are significant aspects of the Special Development District that cannot be satisfied through the imposition of fihe standard Public Accommodation zone district requirements. Section 4. Development Standards - Special Development District No. 36. Vail Plaza Hotel Wes# Develoument Plan-- The Approved Development Plan for Special Development District Na. 36, Vail Plaza Hotel West, shall include the following plans and materials prepared by dehren and Associates, • • • inc., dated June 11, 2001, and stamped approved by the Town of 1/ail, dated Juiy 10, 2001: Improvements Plan Existing Circulation Circulation Plan Site Plan -North Site Plan -South Frontage Road and West Meadow Drive Street Sections East and West Elevations North, Southwest and South Elevations West and East Building Sections South and North Building Sections Building Height Plan 1 -~ Absolute Heights /Interpolated Contours Building Height Plan 2 -Height Above Grade 1 Interpolated Contours Roof Plan Level 6 (223.0') Level 5 {213.0') Level 4 {202.5') Level 3 {192.5') Level 2 {182.5') Level 1 { 172.5') Level 0 {162.5') Level -1 (152.5') Level -2 (142.5') Level --3 {132.5') Mass/Bulk Study Permitted Uses-- The permitted uses in Special Development District No. 36 shall be as set forth in the development plans referenced in Sec#ion 4 of this ordinance. Conditional Uses-- The conditional uses for Special Development District No. 36, Vail Plaza Hotel West, shall be set forth in Section 12-7A-3 of the Town of Vaii 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, Fractional Fee Club Units and Employee Housing Units -- The number of units permitted in Special Development District No. 36, Vail Plaza Hotel West, shall not exceed the following: Dwelling Units - 15; Accommodation Units - 116; Fractional Fee Club Units _ 40; Type III Employee Housing Units - 14 (4,971 square feet of residential floor area; 1,615 square feet of employee storage). Density-- Floor Area -- The gross residential floor area (GRFA), common area and commercial square footage permitted for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance. Saecificallt~: G R FA - 15'1, 696 square feet Retail -1,128 square feet Restaurant/Lounge - 1,708 square feet Conference Facilities - 20,624 square feet Health Club - 10,016 square feet Spa/Treatment -~ 3,820 square feet Employee Housing - 4,971 square feet of residential floor area; 1,615 square feet of employee storage Setbacks-- Required setbacks for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Develapment Plan referenced in Section 4 of this ordinance. Height-- The maximum building height far Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (73.5 feet maximum). • • • Site Coverage~- The maximum allowable site coverage for Special Development District No. 38, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (58, 522 square feet above grade, 77,219 square feet below grade). Landscaping-~ The minimum landscape area requirement for Special Development District No. 36, Vail Plaza Hotel West, shall be as set forth in the Approved Development Plan referenced in Section 4 of this ordinance {30, 874 square feet). Parking and Loading-- The required number of off-street parking spaces and loading/delivery berths far Special Development District No. 36, Vail Plaza Hotel West, shall be provided as set forth in the Approved Development Plan referenced in Section 4 of this ordinance (225 spaces, 3 loading berths). In no instance shall Vail Road, West Meadow Drive or the South Frontage Road be used for loadingldelivery orguest 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 Aareements for Special Development District No. 36. Vail Plaza Hotel West That the Developer submits the following plans to the Department of Community Development far 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; c. A Stormwater Management Plan; d. A Site Dewatering Plan; • ~ • A Traffic Control Plan; A Spraddle Creek routing and containment plan; and An environmental audit including soils and stream conditions {during excavation). 2. That the Developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements {Chapter 12-13) for a minimum of 28 employees 14 {4,971 square feet of residential floor area; 1,615 square feet of employee storage) ,and that said deed-restricted housing be made available for occupancy, and that the deed restrictions are recorded with the Eagle County Clerk & Recorder prior to requesting a Temporary Certificate of Occupancy for the Vail Plaza Notel West. The required Type lli deed-restricted employee housing units shall not be eligible for resale and the units will be awned and operated by the hotel and said ownership shall transfer with the deed to the hotel property. That the Developer submits a final detailed landscape plan to the Community Development Department far Design Review Board review and approval prior to making an application for a building permit. This plan will involve the removal of the obsolete delivery bay asphalt far the Chateau Vail on the Nine Vail Road property (Lot B, Vail Village Filing #2) and the re-vegetation of that portion of the site. 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. That the Developer records an easement for Spraddle Creek. 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 for the project. That the Developer submits a final exterior building materials list, a typical wall section, comprehensive sign program, rooftop mechanical equipment screening plan and complete • • • color renderings for review and approval of the Design Review Board, prior to making an application fiar a building permit 7. That the Developer posts a bond to provide financial security for the 150% of the total cost of the required off-site pubNc improvements. The bond shall be in place with the Town prior to the issuance of a building permit. Pursuant to Section 12-7A-14, Town of Vail Code, the applicant shall pay road impact fees in an amount that is directly proportionate to the anticipated new road impacts generated by this developmen#; {$5000 X 85 new projected peak hour trip ends, far a total of $425,000.00). This dollar amount will be put in escrow once a building permit is issued. Any actual improvements constructed to the frontage road or Vail Road will be credited against the total. The escrowed dollars will be held for a period of 10 years from time of permit issuance. If and when any sort of funding mechanism is put in place (such as a special district which this development participates in} any dollars generated from the development will be offset by the amount owed. If there is an excess, it will be refunded. Any shortfall will be made up by the escrowed dollars. That the Developer either receives approval from the neighboring own er's associations to allow for construction activities on neighboring properties or submit:7 a construction staging and limits of disturbance plan that indicates all of these activities will occur on the applicant's praperty, prior to application for building permit. 9. That the Devebper agrees to provide ingress (via a legally binding easement agreement} for Lot B, Vail Village Filing #2 from Vail Road across the subject property and egress {via a legally binding easement agreement) for Lot B, Vai! Village Filing #2 across the subject praperty to South Frontage Road. These easements will be submitted to the Tawn for review and approval prior to the issuance of a building permit for the project. The easements will be in effect as long as the surface parking exists on the Nine Vail Road property {Lot B, Vail Village Filing #2). 10. That the Develaper agrees to provide egress (via a legally binding easement agreement) from Lot A, Vail Village Filing #2 across the Developer's property via the proposed guest access drive, as described on the Approved Development Plan dated • • June 11, 2dd1. This easement will be submitted to the Town for review and approval prior to the issuance of a building permit far the project. 11. That the Developer submits civil drawings to determine compliance with all Town of Vail engineering requirements prior to final Design Review Board approval, This includes all off-site improvements, including the improvements to the South Frontage Road, Vail Road and West Meadow Drive, as well as the coordination of the relocation of the existing electric transformers on the property with local utility providers. The revised location of the transformers will be part of the final landscape plan i:o be submitted for review and approval by the Design Review Board. That the Town and the Developer enter into a Developer Improvement Agreement to outline obligations and responsibilities for off-site improvements, hours of construction activity, traffic management and other related issues in accordance with the Approved Development Plan dated June 11, 2001 and the Memorandum of Understanding dated ,tune 14, 2001, prior to the issuance of a building permit for the Project. 13. That the Developer provides a centralized loadingldelivery facility for the use of all owners and tenants within Special Development District No. 36. Access or use of the facility shall not be unduly restricted for Special Development District No. 36. The loadingldelivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public andlor private loadingldelivery programs, sanctioned by the Town of Vail, to mitigate loadingldelivery impacts upon the Vail Village loadingldelivery 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. • • • Section 6. If any part, section, subsection, sentence, clause ar 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 ar more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The repeal ar 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 ar 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 8. All bylaws, orders, resalutians 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 19th day of June, 2001, and a public hearing for second reading of this Ordinance set for the 10th day of July, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colaradc}. ATT T: ~~- ~, elei onaldsori, Tawn Clerk ~~ Ludwig Kam, Mayor . SE1~~ ,, f .. • • • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED fihis 10fi~ day of July, 2001. ATTE ,.a ~ ~, ~..: o Ludwig Kurd, Mayor ~E.~~ ~* ~~ ~,.~~. ~~ L lei vnaldson, Tawn Clerk