HomeMy WebLinkAbout2020-04 Creating Special Development District No. 42 Highline Double TreeOrdinance No. 4, Series of 2020 1
ORDINANCE NO. 4
SERIES OF 2020
AN ORDINANCE CREATING SPECIAL DEVELOPMENT DISTRICT NO. 42,
HIGHLINE DOUBLETREE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT
(SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING REGULATIONS, VAIL TOWN
CODE, AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the creation of a Special Development District (SDD ) is permitted
pursuant to the parameters set forth in Section 12-9A, Vail Town Code;
WHEREAS, the Planning and Environmental Commission of the Town held a public
hearing on April 13, 2020 to consider the proposed SDD in accordance with the provisions
of the Vail Town Code and forwarded a recommendation of approval to the Council;
WHEREAS, the Council finds that the proposed Special Development District No.
42, Highline DoubleTree, complies with the design criteria outlined in Section 12-9A-8, Vail
Town Code;
WHEREAS, the Council finds that the Special Development District complies with
the standards listed Article 12-9A, Special Development District, or that a practical solution
consistent with the public interest has been achieved;
WHEREAS, the Council finds that the Special Development District is consistent with
the adopted goals, objectives and policies outlined in the Vail comprehensive plan and
compatible with the development objectives of the Town;
WHEREAS, the Council finds that the Special Development District is compatible
with and suitable to adjacent uses and appropriate for the surrounding areas;
WHEREAS, the Council finds that the Special Development District promotes the
health, safety, morals, and general welfare of the Town and promotes 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;
WHEREAS, the approval of this Special Development District, and the development
standards in regard thereto, shall not establish a precedent or entitlements elsewhere
Ordinance No. 4, Series of 2020 2
within the Town; and
WHEREAS, all notices as required by the Town of Vail Municipal Code have been
sent to the appropriate parties.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 4, Series of 2020, is to adopt a Development Plan for
Special Development District No. 42 Highline Double Tree, and to prescribe
appropriate development standards for Special Development District No. 42, in
accordance with the provisions of Chapter 12-9A, Vail Town Code. The "underlying"
zone district for Special Development District No. 42 shall remain Public
Accommodation 2 zone district.
Section 2. Establishment Procedures Fulfilled, Planning 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. 42, Highline DoubleTree. Requests for the establishment of
a special development district follow the procedures outlined in Chapter 12-9A of the
Vail Town Code.
Section 3. Special Development District No. 42
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. 42, Highline DoubleTree, 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 the standard Public Accommodation 2 zone district
requirements.
Section 4. Development Standards Special Development District No. 42,
Highline DoubleTree Development Plan
The Approved Development Plan for Special Development District No. 42, Highline
DoubleTree, shall include the following plans and materials provided by Pierce Austin
Architects, and Alpine Engineering Inc, dated March 16, 2020, and stamped approved
Ordinance No. 4, Series of 2020 3
by the Town of Vail, dated March 16, 2020:
A. A0.02A GRFA Existing Hotel
B. A0.02B GRFA Proposed Hotel
C. A0.02C GRFA Proposed EHU
D. A0.02D GRFA Proposed Dorm Units
E. A0.03 Site Data
F. A0.04 Site Parking Data
G. A0.05 Exterior Materials EHU
H. A0.06 Exterior Materials Hotel
I. A0.11 Shade Analysis
J. A1.00A Roof Plan Historic Grade
K. A1.00B Roof Plan Finished Grade
L. A1.00C Roof Height Section
M. A1.01 Existing Hotel Level 1
N. A1.02 Level 2
O. A1.03 Level 3
P. A1.04 Level 4
Q. A1.05 Loft Level
R. A1.11 Hotel Addition Level 1
S. A1.12 Hotel Addition Level 2
T. A1.13 Hotel Addition Level 3
U. A1.14 Hotel Addition Level 4
V. A1.20 Double Rooms
W. A1.21 Single Room
X. A1.29 EHU LVL 2 (Above Casa Mexico)
Y. A1.31 EHU Level 1/Level 2
Z. A1.32 EHU Level 3/Level 4
AA. A1.33 EHU Room Plan
BB. A1.34 EHU Room Plan
CC. A2.05 Proposed North Elevation
DD. A2.06 Proposed East Elevation
EE. A2.07 Proposed South Elevation
FF. A2.08 Proposed West Elevation
GG. A2.09 EHU North
HH. A2.10 EHU East/West
II. A2.11 EHU South
JJ. A3.04 EHU Site Section
KK. A3.05 EHU Site Section
LL. A3.06 Hotel Site Section
MM. A9.01 3D
NN. A9.02 3D
OO. A9.03 3D
PP. A9.04 3D
Ordinance No. 4, Series of 2020 4
QQ. A9.05 3D
RR. A9.06 3D
SS. A9.07 3D
TT. C1.1 Site Layout
UU. C1.2 Historical Site Grades
VV. C1.3 Site Layout
WW. C2.0 Demolition Plan
XX. C2.1 Grading Plan
YY. C2.2 Grading Plan
ZZ. C3.0 Storm Sewer Plan
AAA. C3.1 Fire Turning Simulation
BBB. C4.0 Utility Plan
CCC. C5.0 Fire Turning Simulation
DDD. G0.00 Cover
EEE. G0.01 Sheet Index
FFF. 1 of 1 Topographic Map (Inter-Mountain Engineering)
GGG. L-1 Landscape Plan
Permitted Uses
The permitted uses in Special Development District No. 42 shall be as set forth in the
underlying Public Accommodation 2 zone district, Section 12-7J-2.
Conditional Use
The conditional uses for Special Development District No. 42, Highline DoubleTree,
shall be set forth in Section 12-7J-3 of the Town of Vail Zoning Regulations. All
conditional uses shall be reviewed per the procedures as outlined in Section 12-16 of
the Town of Vail Zoning Regulations.
Density - Accommodation Units, and Limited Service Lodging Units
The number of units permitted in Special Development District No. 42, Highline
Double Tree, shall not exceed the following:
Accommodation Units 176
Limited Service Lodging Units - 19
Density Floor Area
The gross residential floor area (GRFA) and commercial square footage permitted for
Special Development District No. 42, Highline Double Tree, shall generally be as set
forth in the Approved Development Plan referenced in Section 4 of this ordinance,
with the following development standard limitations.
Ordinance No. 4, Series of 2020 5
GRFA 80,000 square feet (allowed)
Retail/Restaurant/Lounge 11,670 square feet (allowed)
Conference Facilities 7,666 square feet (gross)
Setbacks
Required setbacks for Special Development District No. 42, Highline DoubleTree,
shall be as set forth in the Approved Development Plan referenced in Section 4 of this
ordinance.
Height
The maximum building height for Special Development District No. 42, Highline
Double Tree, shall be as set forth in the Approved Development Plan referenced in
Section 4 of this ordinance.
Site Coverage
The maximum site coverage allowed for Special Development District No. 42,
Highline Double Tree, shall be:
Site Coverage Maximum: 40%
Landscaping
The minimum landscape area requirement for Special Development District No. 42,
Highline Double Tree, shall be as set forth in the Approved Development Plan
referenced in Section 4 of this ordinance.
Landscaping Minimum: 30%*. *Including 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 for
Special Development District No. 42, Highline Double Tree, shall be provided as set
forth in the Approved Development Plan referenced in Section 4 of this ordinance with
the minimum number of parking spaces being 175 spaces.
Section 5. Approval Agreements for Special Development District No. 42,
Highline DoubleTree
Ordinance No. 4, Series of 2020 6
The approval Special Development District No. 42, Highline DoubleTree shall be
conditioned upon the developer's demonstrated compliance with the following
approval agreements:
1. Applicant shall obtain approval for subdivision before a certificate of occupancy
for the EHU building is granted.
2. The applicant shall obtain the certificate of occupancy for the EHU building
before requesting a certificate of occupancy for the hotel addition.
3. Approval is contingent upon the applicant obtaining Town of Vail approval of an
associated design review application.
4. The applicant shall obtain approval for a conditional use permit for the
commercial space on the first floor before a building permit is issued.
5. Applicant shall obtain approval from Holy Cross to vacate the easement under
the proposed hotel addition before a building permit is issued.
6. Applicant shall set aside two (2) three-bedroom units and two (2) one-bedroom
units in the EHU building not to be included in the mitigation bank.
7. Prior to the issuance of any certificate of occupancy for the EHU building, the
applicant shall record deed restrictions with the Eagle County Clerk and
Recorder, in a format approved by the Town Attorney, for the Type III Employee
Housing Units.
8. The applicant shall coordinate and resolve landscape conflicts with utilities and
sight distance before a building permit is issued.
9. The applicant shall show the drainage outfall for Chamonix Lane swale in the
building permit submittal.
10. The applicant shall provide a ong Chamonix Lane and side
slopes of swale no steeper than 2:1.
11. Applicant shall increase AIPP contribution to $32,500 and the installation shall be
completed before a certificate of occupancy for the hotel addition is granted.
12. Applicant shall correct plans to meet the comments from the Fire Department
prior to the submittal for a building permit.
13. Applicant shall update all plan pages to match the latest submission prior to the
submittal for the Design Review Board application.
Section 7.
If any part, section subsection, sentence, clause or 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 or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 8.
Ordinance No. 4, Series of 2020 7
The repeal or 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 or 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 9.
All bylaws orders, resolutions 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.
Section 10.
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
inhabitants thereof.
Section 11.
If any part, section, subsection, sentence, clause or 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 or more parts, sections, subsections,
sentences, clauses or phrases by declared invalid.
Section 12.
The repeal or the repeal and reenactment of any provisions of 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 or 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 13.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are hereby repealed to the extent only of such inconsistency. This repealer shall not
Ordinance No. 4, Series of 2020 8
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 May, 2020 and a public
hearing for second reading of this Ordinance set for the 2 nd day of June, 2020, at 6:00 p.m.
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_______________________
Dave Chapin, Town Mayor
ATTEST:
_________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 16th day of June, 2020.
_______________________
Dave Chapin, Town Mayor
ATTEST:
_________________________
Tammy Nagel, Town Clerk