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HomeMy WebLinkAbout2021-16PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2021, First Reading, on the Town of Vail's web site, www.vailaov.com, on the 18t" day of August, 2021. Witness my hand and seal this 18t" day of August, 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 16 SERIES OF 2021 AN ORDINANCE APPROVING AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE WHEREAS, TNREF III Bravo Vail LLC (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the zoning of the Property is subject to Special Development District No. 43, Highline Double Tree ("SDD 43"); WHEREAS, on March 29, 2021, the Applicant filed an application to amend SDD 43 (the "Application"); WHEREAS, amendments to special development districts are governed by Vail Town Code § 12-9A-10; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the "PEC") held a properly -noticed public hearing on the Application, and recommended that the Town Council approve the Application, subject to certain conditions; and WHEREAS, on August 17, 2021, the Town Council held a properly -noticed public hearing on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The amendment to SDD 43 complies with the standards set forth in § 10- 9A-8(A); b. The amendment to SDD is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; C. The amendment to SDD 43 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The amendment to SDD 43 promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 1 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-0081821.DOCX Section 2. Decision. Based on the foregoing findings, the Town Council hereby approves the Application and the amendments to SDD 43 contained in the Application, subject to the Approved Development Plan set forth in Section 3 hereof, the standards set forth in Section 4 hereof, and the following conditions: a. Applicant shall obtain the certificate of occupancy for the Employee Housing Unit ("EHU") building before Applicant requests a certificate of occupancy for the hotel addition. b. Applicant shall obtain approval of an associated design review application. C. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. d. Applicant shall set aside two three -bedroom units and two one -bedroom units in the EHU building not to be included in the mitigation bank. e. Prior to the issuance of a certificate of occupancy, Applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III EHUs. f. Applicant shall provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before Applicant requests a certificate of occupancy for the hotel addition. g. The Applicant shall correct plans to meet the comments from the Fire Department for Phase 1 and Phase 2 prior to the submittal of building permit applications permit for each phase. h. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. i. Construction of Phase 1 shall begin within three years from the date of adoption of this Ordinance, and construction of Phase 2 shall begin prior to September 7, 2026. Section 3. Development Plan. The Approved Development Plan for SDD 43 includes the following plans and materials provided by Pierce Austin Architects and Alpine Engineering, Inc. dated June 16, 2021: A1.00 — Cover A1.01 — Site Data A1.02 — Exterior Materials — EHU A1.03 — Shade Analysis A1.04 — Roof Plan Historic Grade A1.05 — Roof Plan Finished Grade 2 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-0081821.DOCX A1.06 - EHU Level 1 / Level 2 A1.07 - EHU Level 3 / Level 4 A1.08 - EHU North A1.09 - EHU East/West A1.10 - EHU South A1.11 -3D A1.12 - 3D A1.13 - 3D A1.14 - Cover A1.15 - GRFA Existing Hotel A1.16 - GRFA Proposed Hotel A1.17 - GRFA Proposed Dorm Units A1.18 - Site Data A1.19 - Site Parking Data A1.20 - Exterior Materials - Hotel A1.21 - Shade Analysis A1.22 - Roof Plan historic Grade A1.23 - Roof Plan Finished Grade A1.24 - Existing hotel Level 1 A1.25 - Level 2 A1.26 - Level 3 A1.27 - Level 4 A1.28 - Loft Level A1.29 - Hotel Addition - Level 1 A1.30 - Hotel Addition - Level 2 A1.31 - Hotel Addition - Level 3 A1.32 - Hotel Addition - Level 4 A1.33 - Double Rooms A1.34 - Single Room A1.35 - Proposed North Elevation A1.36 - Proposed East Elevation A1.37 - Proposed South Elevation A1.38 - Proposed West Elevation A1.39 - 3D A1.40 - 3D A1.41 - 3D A1.42 - 3D A1.43 - 3D C1.0 - Civil Notes C1.1 - Demolition Plan C1.2 - Site Layout C2.0 - EHU Building: Grading Plan C3.0 - Storm Sewer Plan C4.0 - Utility Plan C5.0 - Fire Turning Simulation C6.0 - Erosion Control Plan C7.0 - Civil Notes 3 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-0081821.DOCX C7.1 — Demolition Plan C7.2 — Site Layout C7.3 — Historical Site Grades C8.0 — Grading Plan C8.1 — Grading Plan C9.0 — Storm Sewer Plan C10.0 — Utility Plan C11.0 — Fire Turning Simulation C12.0 — Erosion Control Plan L-1 — Phase 1 Landscape Plan L-2 — Phase 2 Landscape Plan Section 4. Development Standards. SDD 43 shall be subject to the following development standards: a. Permitted Uses — The permitted uses shall be as set forth in the underlying Public Accommodation 2 zone district. b. Conditional Uses — The conditional uses shall be as set forth in § 12-7J-3 of the Vail Town Code. A conditional use permit (PEC 21-0019) was approved on July 26, 2021 to allow commercial floor area between 10% and 15% of the residential floor area allowed onsite. C. Density — The number of units shall not exceed the following: Accommodation Units — 176; Limited Service Lodging Units — 19. d. Floor Area — The gross residential floor area (GRFA), common area and commercial square footage shall be as set forth in the Approved Development Plan. Specifically: GRFA — 77,805 square feet (proposed)/80,000 square feet (allowed); Retail/Restaurant/Lounge — 8,475 square feet (proposed)/11,670 square feet (allowed); Conference Facilities — 7,666 square feet (gross). e. Setbacks — Required setbacks shall be as set forth in the Approved Development Plan: front — 20 feet; sides — 20 feet (except the side setback for the EHU dumpster enclosure shall be 12 feet); and rear — 20 feet. f. Height — The maximum building height shall be as set forth in the Approved Development Plan: 45 feet for flat roofs; and 48 feet for sloped roofs. g. Site Coverage — The maximum site coverage shall be as set forth in the Approved Development Plan: site coverage maximum, 40%; and site coverage as proposed, 36%. h. Landscaping — The minimum landscape area requirement shall be as set forth in the Approved Development Plan: landscaping minimum: 30% (including areas that do not meet the minimum size to qualify as landscaping). 4 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-0081821.DOCX i. Parking and Loading — The required number of off-street parking spaces and loading/delivery berths shall be as set forth in the Approved Development Plan: 175 spaces required; 208 spaces provided. The parking counts are based on the following parking rates: Accommodation Unit: 0.7 spaces per unit Limited Service Lodge Unit: 0.7 spaces per unit Hotel meeting room space: No parking required Hotel Restaurant/Bar: No parking required Hotel Oriented Service or Retail: No parking required 3rd Party Restaurant: 1 space for 120 sq. ft. of seating area Employee Housing Dorm Unit: 2.5 spaces Employee Housing Unit: 1.06 spaces per unit. 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 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town 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 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 17t" day of August, 2021 and a public hearing for second reading of this Ordinance set for the 7t" day of September, 2021, 5 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-0081821.DOCX in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-O081821.DOCX this 7t" day of September, 2021. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 7 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-0081821.DOCX Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3 8 811812021 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 16-0081821.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2021, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 8t" day of September 2021. Witness my hand and seal this 8t" day of September 2021. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 16 SERIES OF 2021 AN ORDINANCE APPROVING AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE WHEREAS, TNREF III Bravo Vail LLC (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the zoning of the Property is subject to Special Development District No. 43, Highline Double Tree ("SDD 43"); WHEREAS, on March 29, 2021, the Applicant filed an application to amend SDD 43 (the "Application"); WHEREAS, amendments to special development districts are governed by Vail Town Code § 12-9A-10; WHEREAS, on July 26, 2021, the Planning and Environmental Commission (the "PEC") held a properly -noticed public hearing on the Application, and recommended that the Town Council approve the Application, subject to certain conditions; and WHEREAS, on August 17, 2021, the Town Council held a properly -noticed public hearing on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Findings. The Town Council, upon reviewing the recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant and the public, and giving due consideration to the matter, finds and determines as follows: a. The amendment to SDD 43 complies with the standards set forth in § 10- 9A-8(A); b. The amendment to SDD is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; C. The amendment to SDD 43 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. The amendment to SDD 43 promotes the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 1 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX Section 2. Decision. Based on the foregoing findings, the Town Council hereby approves the Application and the amendments to SDD 43 contained in the Application, subject to the Approved Development Plan set forth in Section 3 hereof, the standards set forth in Section 4 hereof, and the following conditions: a. Applicant shall obtain the certificate of occupancy for the Employee Housing Unit ("EHU") building before Applicant requests a certificate of occupancy for the hotel addition. b. Applicant shall obtain approval of an associated design review application. C. Applicant shall obtain approval from Holy Cross to vacate the easement under the proposed hotel addition before a building permit is issued for the hotel addition. d. Applicant shall set aside two three -bedroom units and two one -bedroom units in the EHU building not to be included in the mitigation bank. e. Prior to the issuance of a certificate of occupancy, Applicant shall record deed restrictions with the Eagle County Clerk and Recorder, in a format approved by the Town Attorney, for the Type III EHUs. f. Applicant shall provide public art onsite with a value of at least $32,500 and the installation of the public art shall be completed before Applicant requests a certificate of occupancy for the hotel addition. g. The Applicant shall correct plans to meet the comments from the Fire Department for Phase 1 and Phase 2 prior to the submittal of building permit applications permit for each phase. h. Applicant shall update all plan pages to match the latest submission prior to the submittal for the Design Review Board application for each phase of development. i. Construction of Phase 1 shall begin within three years from the date of adoption of this Ordinance, and construction of Phase 2 shall begin prior to September 7, 2026. Section 3. Development Plan. The Approved Development Plan for SDD 43 includes the following plans and materials provided by Pierce Austin Architects and Alpine Engineering, Inc. dated June 16, 2021: A1.00 — Cover A1.01 — Site Data A1.02 — Exterior Materials — EHU A1.03 — Shade Analysis A1.04 — Roof Plan Historic Grade A1.05 — Roof Plan Finished Grade 2 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX A1.06 - EHU Level 1 / Level 2 A1.07 - EHU Level 3 / Level 4 A1.08 - EHU North A1.09 - EHU East/West A1.10 - EHU South A1.11 - 3D A1.12 - 3D A1.13 - 3D A1.14 - Cover A1.15 - GRFA Existing Hotel A1.16 - GRFA Proposed Hotel A1.17 - GRFA Proposed Dorm Units A1.18 - Site Data A1.19 - Site Parking Data A1.20 - Exterior Materials - Hotel A1.21 - Shade Analysis A1.22 - Roof Plan historic Grade A1.23 - Roof Plan Finished Grade A1.24 - Existing hotel Level 1 A1.25 - Level 2 A1.26 - Level 3 A1.27 - Level 4 A1.28 - Loft Level A1.29 - Hotel Addition - Level 1 A1.30 - Hotel Addition - Level 2 A1.31 - Hotel Addition - Level 3 A1.32 - Hotel Addition - Level 4 A1.33 - Double Rooms A1.34 - Single Room A1.35 - Proposed North Elevation A1.36 - Proposed East Elevation A1.37 - Proposed South Elevation A1.38 - Proposed West Elevation A1.39 - 3D A1.40 - 3D A1.41 - 3D A1.42 - 3D A1.43 - 3D C1.0 - Civil Notes C1.1 - Demolition Plan C1.2 - Site Layout C2.0 - EHU Building: Grading Plan C3.0 - Storm Sewer Plan C4.0 - Utility Plan C5.0 - Fire Turning Simulation C6.0 - Erosion Control Plan 3 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX C7.0 — Civil Notes C7.1 — Demolition Plan C7.2 — Site Layout C7.3 — Historical Site Grades C8.0 — Grading Plan C8.1 — Grading Plan C9.0 — Storm Sewer Plan C10.0 — Utility Plan C11.0 — Fire Turning Simulation C12.0 — Erosion Control Plan L-1 — Phase 1 Landscape Plan L-2 — Phase 2 Landscape Plan Section 4. Development Standards. SDD 43 shall be subject to the following development standards: a. Permitted Uses — The permitted uses shall be as set forth in the underlying Public Accommodation 2 zone district. b. Conditional Uses — The conditional uses shall be as set forth in § 12-7J-3 of the Vail Town Code. A conditional use permit (PEC 21-0019) was approved on July 26, 2021 to allow commercial floor area between 10% and 15% of the residential floor area allowed onsite. C. Density — The number of units shall not exceed the following: Accommodation Units — 176; Limited Service Lodging Units — 19. d. Floor Area — The gross residential floor area (GRFA), common area and commercial square footage shall be as set forth in the Approved Development Plan. Specifically: GRFA — 77,805 square feet (proposed)/80,000 square feet (allowed); Retail/Restaurant/Lounge — 8,475 square feet (proposed)/11,670 square feet (allowed); Conference Facilities — 7,666 square feet (gross). e. Setbacks — Required setbacks shall be as set forth in the Approved Development Plan: front — 20 feet; sides — 20 feet (except the side setback for the EHU dumpster enclosure shall be 12 feet); and rear — 20 feet. f. Height — The maximum building height shall be as set forth in the Approved Development Plan: 45 feet for flat roofs; and 48 feet for sloped roofs. g. Site Coverage — The maximum site coverage shall be as set forth in the Approved Development Plan: site coverage maximum, 40%; and site coverage as proposed, 36%. h. Landscaping — The minimum landscape area requirement shall be as set forth in the Approved Development Plan: landscaping minimum: 30% (including areas that do not meet the minimum size to qualify as landscaping). 4 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX i. Parking and Loading — The required number of off-street parking spaces and loading/delivery berths shall be as set forth in the Approved Development Plan: 175 spaces required; 208 spaces provided. The parking counts are based on the following parking rates: Accommodation Unit: 0.7 spaces per unit Limited Service Lodge Unit: 0.7 spaces per unit Hotel meeting room space: No parking required Hotel Restaurant/Bar: No parking required Hotel Oriented Service or Retail: No parking required 3rd Party Restaurant: 1 space for 120 sq. ft. of seating area Employee Housing Dorm Unit: 2.5 spaces Employee Housing Unit: 1.06 spaces per unit. 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 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 7. The amendment of any provision of the Town 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 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 17th day of August, 2021 and a 5 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX public hearing for second reading of this Ordinance set for the 7th day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 6 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7t" day of September, 2021. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 7 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX Exhibit A Portions of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing NO. 1 and Lot 1, Vail Das Schone Filing 3 8 813012021 S:ICOMMUNITY DEVELOPMENTIPLANNINGIGREGIPEC CASESIHIGHLINE HOTELIPEC21-0018 SDD AMENDMENT - PHASINGITC DOCSIORDINANCE NO. 16-FOR SECOND READING.DOCX Highline - A Doubletree Hotel N, Special Development District Amendment - PEC21-0018 Conditional Use Permit - PEC21-0019 Minor Subdivision - PEC21-0030 2 2 1 1 North Frontage Road West Subject Property �% •, Lot 1, Vail Das Schone Filing 3 • t . f a a. Llip t; � C �nFc��C'� 0 ✓ % ilk I 41* • .t 1 -4: F f: < t t • . • e F--L—F-­� Feet 0 25 50 100 • rnis map was �.eazea ey me Town of vaa comm�n¢y oeoeiopment oeparcmem. use or mi: map showy h• mr general purposes omy. me Tnwn of veil ane� not warant the ane�raoy none mmrmaunn nnmamea herem- (where shown, parpel line work �s approximate) Last Modified: July 14, 2021 TOWN OF VARY