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Home My WebLink About2025-02 An Ordinance Reestablishing Special Development District No. 43, Highline Doubletree1 3/5/2025 ORDINANCE NO. 2 S 2025 AN ORDINANCE REESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 43, HIGHLINE DOUBLE TREE WHEREAS, Ordinance No. 4, Series of 2020, established the approved development plan for Special Development District No. 43, Highline Double Tree ("SDD 43"); WHEREAS, Ordinance No. 16, Series of 2021, amended the approved development plan for SDD 43; WHEREAS, pursuant to § 12-9A-12(B) of the Vail Town Code ("Code"), because work on SDD 43 was not commenced within 3 years of its approval, the approval became void; WHEREAS, on September 5, 2025, TNREF lll Bravo Vail LLC ("Applicant") filed an application to reestablish SDD 43, as permitted by Code § 12-9A12(B) (the "Application"); WHEREAS, on January 13, 2025, 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; and WHEREAS, on March 4, 2025, 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. The Town Council, upon reviewing the Application and the PEC recommendation, hearing the statements of Town staff and the public, and giving due consideration to the matter, finds and determines as follows: a. The Application complies with all applicable criteria set forth in the Vail Town Code; and b. The Town Council hereby approves the reestablishment of SDD 43. Section 2. The Approved Development Plan for SDD 43 shall include the standards set forth in Exhibit A, attached hereto and incorporated herein by this reference. Section 3. 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 Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or 2 3/5/2025 phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. 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 5. The amendment of any provision of the Vail 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 6. 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 4th day of March, 2025 and a public hearing for second reading of this Ordinance set for the 18th day of March, 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Johnson, Acting Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of March, 2025. _____________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Johnson, Acting Town Clerk 3 3/5/2025 Exhibit A Special Development District No. 43 Approved Development Plan Standards Permitted Uses The permitted uses shall be those in the underlying Public Accommodation 2 zone district, pursuant to § 12-7J-2 of the Vail Town Code ("Code"). Conditional Uses The conditional uses shall be set forth in Code § 12-7J-3. All conditional uses shall be reviewed per the procedures as outlined in Code § 12-16. On July 26, 2021, a conditional use permit (PEC 21-0019) was approved to allow commercial floor area between 10% and 15% of the residential floor area allowed onsite. Density - Accommodation Units, and Limited Service Lodging Units The number of units shall not exceed the following: Accommodation Units 176 Limited Service Lodging Units - 19 Density Floor Area The gross residential floor area (GRFA), common area and commercial square footage permitted are in the Approved Development Plan (PEC24-0039). 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) Setbacks Required setbacks are in the Approved Development Plan (PEC24-0039). Front 20 feet Sides 20 feet, provided that the side setback for the EHU dumpster enclosure shall be 12 feet and the north side setback for the hotel/restaurant dumpster shall remain as existing. Rear 20 feet Height The maximum building heights are in the Approved Development Plan (PEC24-0039). New Buildings: 45 feet for flat roofs and 48 feet for sloped roofs. Existing Hotel Building: 53 feet 4 3/5/2025 Site Coverage The maximum site coverage is in the Approved Development Plan (PEC24-0039). Site Coverage Maximum: 40% Site Coverage as proposed: 36% Landscaping The minimum landscape area requirement is in the Approved Development Plan (PEC24- 0039). Landscaping Minimum: 30%, which includes areas that do not meet the minimum size to qualify as landscaping. Parking and Loading The required number of off-street parking spaces and loading/delivery berths is in the Approved Development Plan (PEC24-0039). 174 parking spaces required, 208 parking spaces provided Commercial Linkage The addition to the hotel will generate a requirement of 9.6 employees. The dormitory unit accommodates 12 employees leaving a credit of 2.4 employees on the property (Deed Restriction Reception No. 202407157 recorded on 7/1/2024 and the associated subordination agreement Reception No. 202407276 recorded on 7/2/2024). The employee housing apartment building located on Lot 2 may utilize a mitigation bank per Code § 12-23-7. As part of the public benefit, two 3-bedroom units and two 1-bedroom units will be left out of the mitigation bank for a maximum of 11 units that may be included in the mitigation bank. Expiration SDD 43 includes certain development standards that are not subject to expiration. These development standards are associated with the existing hotel (Highline Double Tree) that were generated by the rezoning to PA-2. The Phase 1 Plans of the Approved Development Plan establish the development standards that do not expire are noted in the applicant narrative as part of PEC24-0039. Only the Phase 2 Plans of the Approved Development Plan are subject to the 3-year expiration period set forth in Code § 12-9A-12. The Phase 1 approved deviations include the following: 1. Existing Hotel height of 53 feet. 2. Reduced internal parking lot landscape standards 3. Landscape areas not meeting the minimum dimensional requirements 5 3/5/2025 4. Parking in the front setback 5. No enclosed parking 6. Slope of driveway 7. Trash enclosure location in setback 8. Adjusted parking calculations, per the following: