HomeMy WebLinkAboutPEC120015 PEC120022 Sebastian PEC Packet 051412 To: Planning and Environmental Commission From: Community Development Department Date: May 14, 2012 Subject: A request for the review of an amendment to an existing conditional use permit, pursuant to Section 12 -16 -10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council on a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12 -9A -10, Amendment Procedures, Vail Town Code, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC120015 & PE C120022) Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group Planner: Rachel Dimond I. SUMMARY The applicant, Ferruco Vail Ventures LLC, represented by Mauriello Planning Group , is requesting the following in relation to The Sebastian: • a review of an amendment to an existing conditional use permit for a fractional fee club to reduce the number of fractional fee units from 50 to 49; and • a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn to increase the number of dwelling units from one to two. Based upon Staff’s review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented , and subject to the finding s noted in Section IX of this memorandum, Staff recommends : • The PEC approves, with conditions, the amendment to an existing conditional use permit • The PEC forwards a recommendation of approval , with conditions, to the Vail Town Council for a major amendmen t to Special Development District No. 6. A vicinity map (Attachment A) and the applicant’s request (Attachment B) have been attached for reference.
Town of Vail Page 2 II. DESCRIPTION OF THE REQUEST The applicant is proposing to convert t he existing fractional fee unit 401 to a dwelling unit, which will increase the number of dwelling units from one to two, and decrease the number fractional fee units from 50 to 49 in The Sebastian , which is Phase IV of Special Development District No. 6, Vail Village Inn. Unit 401 is 9 86 square feet. The intent of the pending purchaser of this unit is to put the unit in the Sebastian rental pool, maintaining the unit as a warm bed. The Sebastian was formerly the Vail Plaza Hotel, and is referred to as the Vail Plaza Hotel in historica l information. III. BACKGROUND The Sebastian is located within the Public Accommodation District in which lodges (“buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units…) are allowed as permitted uses and fractional fee club units (an individual dwelling unit in a fractional fee club described as such in the project documentation…”) are allowed as conditional uses. While a dwelling unit is “any room or group of rooms in a two -family or multiple -family building with kitchen facilities designed for or used by one family as an independent housekeeping unit”; a fractional fee club unit must be part of a fraction fee club defined by the Vail Town Code as “a frac tional fee project in which each dwelling unit, pursuant to recorded project documentation as approved by the town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and is managed on site with a front desk operating twenty four (24) hours a day, seven (7) days a week providing reservation and registration capabilities…” It is clear in the adopting legislation (Ordinance No. 22, Series of 1996) allowing fractional fee club units within the Public Accommodation District, that these units are not intended for full -time occupancy as a dwelling unit when the Town Council found “that a fractional fee club is a form of public accommodation” and “that the quality of fractional fee club unit are an appropriate means of increasing occupancy rates, maintaining and enhancing short -term rental availability and diversifying the resort l odging market within the Town of Vail”. On February 28, 2000, the Planning and Environmental Commission approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel (now called The Sebastian) consisting of 50 fractional fee club units. According to Staff’s memorandum to the Planning and Environmental Commission concerning the fractional fee club: “According to the applicant, the ownership of the club units will be divided into a maximum of 1/12 th intervals for the 24 winter weeks during the ski season, with the remaining 28 shoulder season and summer weeks would be owned by the hotel. This ownership program allows for the most attractive weeks of the year to be sold as club units with the proceeds helping to finance the redevelopm ent
Town of Vail Page 3 project. The remaining interest in the clubs is then used by the hotel to support the conference facilities during the summer months.” On August 13, 2001, the Planning and Environmental Commission again approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units, which had been amended to include lock -off units . According to the Staff Memorandum the Planning and Environmental Commission concerning the fractional fee club: “To furthe r improve the occupancy potential of the fractional fee club, the 50 club units have been designed to include up to two lock -off spaces per unit. This design creates a total of 108 keys and 216 pillows for the fractional fee club component of the hotel.” Additionally, the Staff Memorandum the Planning and Environmental Commission stated the fractional fee units at the Vail Plaza Hotel: “The applicant is proposing that the club units be sold on an interval basis. The club units would be sold for 24 wee ks during the winter months with the remaining 28 weeks owned by the hotel for use as short -term accommodation units.” In both 2000 and 2001, pursuant to Section 12 -16 -7, Vail Town Code, the Planning and Environmental Commission considered “the ability of the proposed project to create and maintain a high level of occupancy” and that “each of the fractional club units shall be made available for short term rental in a managed program when not in use by the club members”. Based upon the statements, representations, and proposals of the applicant; the Commission determined that a conditional use permit was warranted for fractional fee club at the Vail Plaza Hotel. On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of 2001, which amended Special Development District No. 6 to allow for the construction of the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee housing units, and 50 fractional fee club units consistent with the August 13, 2001, conditional use p ermit. The Planning and Environmental Commission held public hearings to discuss a request to convert 2 fractional fee units to dwelling units and one dwelling unit to a fractional fee unit on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7 -0-0 to forward a recommendation of approval, with conditions, to the Town Council for the proposed special development district amendment . At its May 19, 2009, hearing the Town Council approved the first reading of Ordin ance No. 13, Series of 2009, with the modifications that reference to the conversion of the penthouse dwelling unit to a fractional fee club unit be stricken, and that the sale of the penthouse unit be a trigger for the expiration of this ordinance in addition to the
Town of Vail Page 4 Commission’s recommended triggers of the specific date May 11, 2012, or the issuance of an occupancy certificate for the penthouse unit. On June 2, 2009, the Vail Town Council denied Ordinance No. 13, Series of 2009, upon second reading. The summary minutes are as follows: “Connie Dorsey asked that the applicant not be forced to move until there is a TCO on another unit in the building. During a pause for public comment, Robert Vogel said there was a pattern of deceit being exhibited by the applicant and there was no compelling reason to grant the applicant’s request. Fractional owner’s legal representative Lindsey Richards spoke against allowing the applicant to continue to live there. The applicant, Waldir Prado, said he had been occupying a vacant unit and no one had been negatively financially impacted. Councilmember Rogers stated, “I don’t feel like I was given a straight story on it…I don’t have a good feeling we are going to know what is happening here…I don’t feel like passing this ordinance on second reading is going to help the Town of Vail…I do have an interest in hot beds.” Rogers then moved to deny the ordinance with Councilmember Newbury seconding. Councilmember Foley said employee housing in the hotel should be satisfactory for a ny employee of the hotel. Councilmember Hitt said he felt like he had been misled. He also agreed that employee housing should be adequate for the applicant. Newbury said one of the town’s overriding policies is to maintain hot beds. Councilmember Clevelan d said the solution that was presented was not in the public interest. “It is inconsistent with the SDD approval plan.” Councilmember Daly said there is a lot more revenue the town is giving up than was previously anticipated. The motion passed unanimously , 7 -0.” IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12 -1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12 -1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities.
Town of Vail Page 5 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off -street parking and loading f acilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. CHAPTER 12 -2, Definitions (in part) DWELLING UNIT: Any room or group of rooms in a two -family or multiple -family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the proje ct documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Colorado real estate commission pursuant to Colorado Revised Statutes 12 -61 -401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written reque st, the developer of a fractional fee club unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Colorado real estate commission and/or evidence of approval of the application or request for exemption. ARTICLE 12 -9A, SPECIAL DEVELOPMENT DISTRICT (in part) 12 -9A -1: Purpose and Applicability: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space
Town of Vail Page 6 areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establi sh the requirements for guiding development and uses of property included in the special development district. B. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, si ngle -family residential, two -family residential and two -family primary/secondary residential. 12 -9A -10: AMENDMENT PROCEDURES: B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12 -9A -4 of this article. 2. O wners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notific ation procedures shall be as outlined in subsection 12 -3-6C of this title. CHAPTER 12 -16: CONDITIONAL USES PERMITS (in part) Section 12 -16 -1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and o peration of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use p ermits shall be denied.
Town of Vail Page 7 V. SURROUNDING LAND USES Land Uses Zoning North: I-70 right -of -way Not Zoned South: Mixed Use Public Accommodation East: Mixed Use SDD #39 (Solaris) West: Multiple Family Public Accommodation and SDD #21 (Gateway) VI. ZONING ANALYSIS Development Standard Approved/ Existing Proposed Change Density -Dwelling Units -Fractional Fee Units -Accommodation Units 1 DU 50 FFU 100 AU 2 DU 49 FFU 100 AU +1 DU -1 FFU No change AU Gross Residential Floor Area (GRFA) -AU & FFU (>70%) -DU (<30%) TOTAL 98,774 sq ft (95%) 5,150 sq ft (5%) 103,924 sq ft 97,788 sq ft (94%) 6,136 sq ft (6%) 103,924 sq ft -986 sq ft +986 sq ft No change Parking 211.69 spaces required (round to 212 spaces) 218 spaces existing 212.39 spaces required (round to 213 spaces) 218 spaces existing +0.7 space required (round to 1 space additional) No change existing VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of “hot beds” (accommodation units) and “warm beds” (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Sebastian . These “warm bed” units have historically had higher occupancy rates than dwe lling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. The warm beds are also highly beneficial to the existing reta il and restaurant uses in the other phases of the Vail Village Inn Special Development District. Staff has found that in other similar buildings, such as Manor Vail and The Arrabelle, units of this size with hotel amenities, such as a front desk, are typi cally put into rental pools when not in use by owners, thus acting as a warm bed, if not a hot bed. As a result, Staff believe s that exchanging a fractional fee club unit for one dwelling unit is consistent with the Town’s development objectives and the i ntent and purpose of the overa ll Vail Village Inn development .
Town of Vail Page 8 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff finds there is no effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow because there are no changes to the exterior of the building. The dwelling unit will not likely generate more traffic. Further, The Sebastian has six excess parking spaces, one of which will be required for the dwelling unit. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. There are no changes proposed to the scale or bulk and mass of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. V II. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on a major amendment to a special development district amendment application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integ rity and orientation. Staff finds this proposal will not effect design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation because there are no changes proposed to the exterior of the existing building . 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity.
Town of Vail Page 9 Staff finds the change in use will provide a compatible, efficient and workable relationship with surrounding uses and activities. Specifically, one additional dwelling unit, while not technically a warm bed, will be compatible with the mixed use nature of the surrounding neighborhood. Further, the dwelling unit will be put into a rental pool by the owner, and will operate as a warm bed. Should the ownership change, Staff has found that in other buildings with hotel amenities, units of this size are typically put in rental pools when not in use by owners, thereby acting as a warm bed regardless of the type of unit. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Staff finds the proposal is in compliance with the parking and loading requirements as outlined in Chapter 10 Title 12, Zoning Regulations. The Sebastian has six surplus parking spaces, and will use one space for the increased parking requirement, resulting in a surplus of five spaces. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. Staff believe s exchanging one fractional fee club unit for one dwelling unit is consistent with the Town’s development objectives. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of “hot beds” (accommodation units) and “warm beds” (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These “warm bed” units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. Staff has found in other buildings with similar amenities, units of this size are typically included in rental pools when not in use by owners, thereby acting as a warm bed regardless of being a fractional unit or dwelling unit. Further, under existing zoning, an additional dwelling unit is permitted and does contribute to a mix of uses within the special developmen t district. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions, as there are no natural and/or geologic hazards affecting this property . 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community.
Town of Vail Page 10 Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing condi tions , as t here are no changes proposed to the site planning, location, or open space for the existing building . 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Staff finds the proposal does not affect the circulation system for both vehicles and pedestrians, as The Sebastian has valet parking with surplus parking to accommodate the increase in parking requirements. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions, as t here are no changes proposed to the existing landscaping . 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff finds the proposal will maintain a workable, functional and efficient relationship throughout the development of the SDD, as the conversion of the unit will not require a building permit. 10. Public Benefit: The proposed deviations provide benefits to the town must outweigh the adverse effects of such deviations. Staff finds the proposed deviation will provide a benefit in real estate transfer tax, but will also have the adverse effect of losing a warm bed. In practice, h owever, the placement of the dwelling unit in the rental pool will likely reverse the adverse effects as Staff has found units of this type in hotel -style buildings are typically put in rental pools when not in use by owners . IX. STAFF RECOMMENDATION CONDITIONAL USE PERMIT APPLICATION The Community Development Department recommends the Planning and Environmental Commission approves , with conditions, this request for a review of an amendment to an existing conditional use permit, pursuant to Section 12 -16 -10, Amendment Proce dures, Vail Town Code, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff’s
Town of Vail Page 11 recommendation is based upon the review of the criteria described in Section VIII of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission pass the following motion : “The Planning and Environmental Commission approves this request for an amendment to an existing conditional use permit, pursuant to Section 12 -16 -10, Amendment Procedures, Vail Town Code, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.” Sh ould the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission makes the following findings : “Based upon the review of the criteria outlined in Section V III of this Staff memorandum to the Planning and Environmental Commission dated May 14, 2012 , and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. “The proposed conditional use permit amendment is in accordance with the purposes of the Zoning Regulations and the Public Accommodation and Special Development Districts as referenced in Section V of this Staff memorandum to the Planning and Environmental Commission dated May 14, 2012 . 2. The proposed conditional use permit amendment and the conditions under which it will be operated or maintained are not detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit amendment complies with each of the applicable provisions of Chapter 12 -16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff memorandum to the Planning and Environmental Commission dated May 14, 2012 .” Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission applies the following condition : 1. “This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district application.” SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION
Town of Vail Page 12 The Community Development Department recommends the Planning and Environmental Commission forwards a re commendation of approval , with conditions, to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12 -9A -10, Amendment Procedures, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting f orth details in regard thereto. Staff’s recommendation is based upon the review of the criteria described in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission pass the following m otion : “The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12 -9A -10, Amendment Procedures, to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.” Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following findings : “Based upon the review of the criteria outlined in Section IX this Staff memorandum to the Planning and Environmental Commission dated May 14, 2012, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the special development district amendment complies with t he standards listed Article 12 -9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is consistent with the adopted goals, objectives and polic ies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and
Town of Vail Page 13 4. Th at the special development district amendment promote s 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 e stablished character as a resort and residential community of the highest quality.” Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission applies the following conditions : 1. “The applicant shall amend all applicable condominium maps to reflect the change in use within 90 days of approval of the major amendment to the special development district application.” X. ATTACHMENTS A. Vicinity Map B. Applicant’s Request
VAIL RD E MEADOW DR S FRONTAGE RD E W MEADOW DR I 70 ON-RAMP (EASTBOUND)Sebastian Hotel 050100 25 Feet Vail Village Filing 1, Block 5D,Vail Village Filing 1, Block 5D,Part of Lots M, N & O Part of Lots M, N & O (16 Vail Road - Sebastian Hotel)(16 Vail Road - Sebastian Hotel)This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.(where shown, parcel line work is approximate)Last Modified: April 23, 2012
T HE S EBASTIAN V AIL V ILLAGE I NN , P HASE IV M AJOR A MENDMENT TO SDD #6, & A MENDMENT TO A C ONDITIONAL U SE P ERMIT To allow for the conversion of Unit 401 from a Fractional Unit to a Dwelling Unit Submitted to the Town of Vail: April 13, 2012
I.Introduction The owners of the Sebastian, Ferruco Vail Ventures LLC, are requesting a major amendment to Special Development District No. 6 (SDD #6) to allow for the conversion of Unit 401 from a fractional unit to a whole ownership condominium unit. According to Section 12-9A-2: Definitions, Vail Town Code, a change in the number of dwelling units is considered a Major SDD Amendment. Because a Conditional Use Permit was issued for the Fractional Fee Club, an amendment to the Conditional Use Permit is also part of this application. No physical changes to the building are necessary to implement this change.II.Background The Sebastian is located at 16 Vail Road. The property is part of Phase IV of Special Development District No 6, Vail Village Inn. This SDD has an underlying zoning of Public Accommodation (PA). SDD #6 was adopted by Ordinance No. 7, Series of 1976, and has been amended numerous times since its original adoption. Ordinance No. 16, Series of 2004, amended SDD #6, to allow for changes to the approval of the Vail Plaza Hotel (now known as the Sebastian) and to extend the expiration date of the project. The Vail Plaza Hotel opened in December of 2007 and was subsequently lost in a bankruptcy filing by its original owner. A federal bankruptcy court 1 Approximate boundary of SDD #6, Vail Village Inn The Sebastian 401
awarded the hotel to Ferruco Vail Ventures LLC in January of 2010 for a purchase price of $46.5 million. Since then, the current owners have invested millions in improvements and the hotel has become a major success, with guests such as the First Lady, Michelle Obama and a feature on the Today Show. The Sebastian has become a major asset to the Town of Vail, and annual tax collections from the property have continued to increase each year. The approval for the Sebastian currently includes 50 fractional units and one whole ownership condo unit. This major amendment would allow for Unit 401, currently a fractional unit, to be converted to a condominium unit, decreasing the number of fractional units to 49 and increasing the number of dwelling units to 2 units. There is available parking for the incremental increase, no impacts to employee housing requirements as a result of this change, and the property remains compliant with all other zoning standards. The property continues to meet the definition of a lodge, with greater than 70% of the floor area dedicated to accommodation units or fractional fee club units.Unit 401 is the only fractional unit that currently does not have any fractional ownership and as a result, is the only fractional unit which has the ability to be converted to whole ownership. Unit 401 is a one bedroom unit, with approximately 986 sq. ft. of GRFA. Unit 401 is currently under contract contingent on the approval of this application. The intent of the purchaser is the unit will be managed and rented by the Sebastian, maintaining the property as a live bed.2 401
III.Zoning Analysis Because there are no exterior modifications, the proposed amendment does not affect most development standards. Below is an analysis of the proposal with regard to density, GRFA, and parking. All other standards remain as approved.Standard Existing Proposed Density Fractional Fee Units Accommodation Units Dwelling Units 50 100 1 (13.3 du/acre)49 100 2 (13.6 du/acre)GRFA In AU and FFU (Required>70%)In DU (Required<30%)103,924 sq. ft.98,774 sq. ft. (95%) 5,150 sq. ft. (5%)No Change 97,788 sq. ft. (94%)6,136 sq. ft. (6%)Parking Required Provided 211.69 spaces (rounds to 212)218 spaces 212.38 spaces (rounds to 213)218 spaces IV.Criteria for Review for the Major Amendment to a Special Development District Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides the criteria for review of a Major Amendment to a Special Development District. These criteria have been provided below, along with an analysis of how this proposal complies with these criteria:1.Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed with this request.2.Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity.Applicant Response: The Sebastian is a mixed-use type of development, including commercial, lodging, recreational, and residential uses. The conversion of Unit 401 from a fractional unit to a dwelling unit remains consistent with the intended purpose of the underlying zoning of Public Accommodation and the intent of Vail Land Use Plan. Adjacent properties include a similar mix of uses. The density and uses proposed for The Sebastian do not conflict with the compatibility, efficiency, or workability of the surrounding uses and activities on adjacent properties. 3
3.Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title.Applicant Response: In 2010, a comprehensive parking analysis for the Sebastian was completed and approved by the Town of Vail as some of the interior uses within the building were reconfigured. This included the reorganization of parking spaces within the existing structure to maximize the number of parking stalls and provide for valet spaces. A new parking plan has been provided under separate cover updating this analysis. As indicated in Section III of this submittal, there is excess parking to meet the minimal increase as a result of the conversion of Unit 401 from a fractional unit to a dwelling unit. Based on the parking requirements of Chapter 12-10, the increase in parking required is 0.69 of a parking space, which is then rounded to a requirement for 1 additional parking space, changing the requirement from 212 spaces to 213 spaces. There are 218 spaces provided or 5 excess parking spaces with the approval of this application. 4.Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans.Applicant Response: The Sebastian is within the boundaries of the Vail Village Master Plan. The following general objectives are applicable to this application:In addition to the general objectives of the Vail Village Master Plan, the Sebastian is located within Mixed Use Sub-Area #1 as indicated in the following map:4
The Vail Village Master Plan offers the following with regard to this property:5.Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion.6.Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed with this request.7.Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion.8.Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed with this request.9.Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district.5
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion.V.Criteria for Review for an Amendment to a Conditional Use Permit Fractional Fee Clubs are a conditional use in the Public Accommodation Zone District. Section 12-16-6: CRITERIA; FINDINGS, Vail Town Code, provides the criteria for review of a Conditional Use Permit. These criteria have been provided below, along with an analysis of how this proposal complies with these criteria:1.Relationship and impact of the use on development objectives of the town.Applicant Response: This criterion has been addressed in Section IV of this submittal. As indicated, the proposal remains compliant with the Zoning Regulations and all applicable goals and objectives of the Vail Village Master Plan. In addition, this proposal complies with the purpose statement of the Public Accommodation zone district, which states:12-7A-1: PURPOSE:The public accommodation district is intended to provide sites for lodges and residential accommodations for visitors, together with such public and semipublic facilities and limited professional offices, medical facilities, private recreation, commercial/retail and related visitor oriented uses as may appropriately be located within the same zone district and compatible with adjacent land uses. The public accommodation district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the zone district by establishing appropriate site development standards. Additional nonresidential uses are permitted as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the zone district.2.Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion.3.Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion.4.Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses.6
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No exterior changes are proposed. In addition to the above criteria, Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS, provides addition criteria for a fractional fee club proposal. While these criteria are specifically for the establishment of a new fractional fee club and do not necessarily apply to the elimination of an individual unit from the fractional fee club, the applicant has provided a response for this amendment:a.If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as are presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit gross residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA).Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No accommodation units will be affected with this request.b.Lock off units and lock off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. No lock off is affected. c.The ability of the proposed project to create and maintain a high level of occupancy.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. This criterion applies to the establishment of a new fractional fee club and is not applicable to this amendment. The intent of the purchaser is the unit will be managed and rented by the Sebastian, maintaining the property as a live bed.d.Employee housing units may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units required will be consistent with employee impacts that are expected as a result of the project.Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a dwelling unit has no effect on the above criterion. The employee housing requirement for a fractional unit and a dwelling unit are the same. As a result, there are no impacts to employee housing as a result of this request.e.The applicant shall submit to the town a list of all owners of existing units within the project or building; and written statements from one hundred percent (100%) of the owners of existing 7
units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date of filing the application for a conditional use.Applicant Response: This criterion applies only to the establishment of a new fractional fee club. It is not necessary when eliminating a unit from an existing club.f.Each of the fractional fee club units shall be made available for short term rental in a managed program when not in use by the club members. The project shall include or be proximate to transportation, retail shops, eating and drinking establishments, and recreation facilities.Applicant Response: Because the Sebastian has an established rental program, managed by Timbers Resorts, the potential owner (currently under contract) has the ability to include the unit into the rental program. Unit 401 is a small one-bedroom unit, with 986 sq. ft. of GRFA. Research indicates that smaller units are more likely to be included in a rental program. 8
VI.Adjacent Addresses JOHN D GOODMAN PO BOX 1886 0105 EDWARDS VILLAGE BLVD, STE D-201, EDWARDS, CO 81632 9 VAIL RD, ASSOC 9 VAIL RD. VAIL , CO 81657 JOSEF STAUFER 100 E MEADOW DR #31, VAIL, CO 81657 ARTHUR ANDREW ABPLANALP JR.POST OFFICE BOX 2800, VAIL, CO 81658-2800 SLIFER MANAGEMENT CO.C/O MS. SALLY HANLON, 385 GORE CREEK DRIVE - R-2, VAIL, CO 81657 MCNEILL PROPERTY MANAGEMENT 2077 N. FRONTAGE RD. #300, VAIL, CO 81657 KEVIN DEIGHAN 12 VAIL ROAD, SUITE 600 VAIL, CO 81657 VAIL HOTEL 09 LLC GENERAL COUNSEL 745 SEVENTH AVE NEW YORK, NY 10019 MAURIELLO PLANNING GROUP PO BOX 4777 EAGLE, CO 81631 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 SOLARIS PROPERTY OWNER LLC 141 E MEADOW DR 211 VAIL, CO 81657 THE RESIDENCES AT SOLARIS CONDOMINIUM ASSOCIATION CHRIS LACROIX C/O GARFIELD & HECHT, P.C.601 E. HYMAN AVENUE ASPEN, CO 81611 FIRSTBANK OF VAIL FIRSTBANK HOLDING CO PO BOX 150097 LAKEWOOD, CO 80215-0097 SONNENALP PROPERTIES INC 20 VAIL RD VAIL, CO 81657 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION CROSSROADS REALTY LTD PO BOX 1292 VAIL, CO 81658 TALISMAN CONDOMINIUM ASSOCIATION PTARMIGAN MANAGEMENT 62 E MEADOW DR VAIL, CO 81657 ONE WILLOW BRIDGE ROAD CONDOMINIUM ASSOCIATION, INC.CORPORATION SERVICE COMPANY 1560 BROADWAY STE 2090, DENVER, CO 80202,ONE WILLOW BRIDGE ROAD CONDOMINIUM ASSOCIATION 4148 NORTH ARCADIA DRIVE, PHOENIZ, AZ 85018-4302 VAIL GATEWAY PLAZA CONDOMINIUM ASSOCIATION, INC.VAIL TAX & ACCOUNTING P.O. BOX 5940 AVON, CO 81620 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 9