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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