HomeMy WebLinkAboutPEC070066 � �
Planning and Enviro�nmenta� Commisson
ACTI+UIV FC�►RM
�
l �ieparkment af�ommunity D�evelopment
�jj,'��/���� � 7� South Frantage Road, Vafl, Co(nradcs 61657
ira� c,r te�: ��a.a��9.2139 fax: ��0.4��.24s2
caanv�a-,c�;���tir web: rvtnrw.vailgov.com
Project Name: RITZ GALLERYJMARRI�TT C€JP PEC Number: PEC07Q066
Project Description:
Final approval for a conditional use permit, pursuant to Section i2-7Fi-4, Permitted and
Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business o�ce (real
estate office) located at 714 West Lionshead Circle (Vail Marriott
Participants:
OVIJNER DIAMONDRQCK VAIL aWNER LLC 10J30/2007
C/O DIAMONDROCK HOSPTTALITY CO
5903 ROCKLEDGE DR STE 800
BETFiESDA
MD 2d817
APPLICANT Rd#3ERT C. �OSS 10/30/2007 Phone: 813-83i-3223
AGENT FaR RITZ CARLTON D�V. CO.
2709 S. MAC�ILL AVE.
TAMPA
FL 33629
Project Address: 720 W LIONSHEAD CR VAIL Location: MARRIOTT, 6TH FLQOR, WEST WI�1G
Legal Descriptian: Lot: 1 Block: Subdivision: WEST DAY SUB
Parcel Number: 2101-07Z-1700-1
Comroents:
BOARD/STAFF AGTIUN
Motion By: KjeSbo Action: APPROVED
Second By: Pfoper
Vote: 5-0-1 (Viele Recused) Date of Approva�: 11f26/2007
Conditions:
Cond: CON0009627
No change5 to these plans may be made without the written cansent of 7own of Vail
staff and/or the appropriate review eommittee(s).
Cond: 300
PEC approval shall not be not�ecome valid for 20 days following the date of
a�proval.
Cond: C�N0009628
1. This tonditianal use permit, for a temporary business office (real estate
office), shall lapse ar�d became void 3 years frorn the date of approval or at the
time vf the Temporary Certifltate of Occupancyr iss�ance for th� Rifiz-Carlton;
currently under construction at 72$West Lionshead Circle, whichever accurs first.
Within 30 days from the ceasing date, the applicant shall com�lete the restoration
� �
of the two accommodatio� units(rooms 6U5 &607)to their original form.
2. The applFCant shall obtain a separate sign pe�mit, from the Cammunity Development
Department, for any and all proposed signs associated wdth the proposed business
o�ce (real esta�e office).
3. The applicant shall submit the employee generation and mitigation fee, in the
amoun�of$89,184.14, or provide another method of mitigation, prior to issuance of
a building permit.
Planner: Nicole Peterson PEC Fee Paid: $650.00
� � -
Conditional Use Permit �
App�i�tion far Reyi�w by the (�,
Planning and Environrnental Commissian `' 1
1
� n
T�WNOF�AII� ' ����x �+
75 South Frn�tage Raad,Va€I,Cobracb 81657 �
bel:970.4T9.2128 fax:970.479.2+F52 ,
wpb: www.vailgov.mm
Generdl�nf�On»atla�: �
All Pmojec� r+�ulring !�lanning arid Environmeniai Gomrr�is�ion rev�v rr� reoeive ap�xovaf prior to subrr�t�l'ng a
��9 P�'��ira�Gion. P{e+ase refer bo the�I�quiremerrts tor the partia�Ear appr�oval that is reques�d. �
M applkatlon for Plarx�r�g ar�d Ernriror�t�erMal C�on re�vk+�r canr�ot be aaoepted urrtN all neqt�ired Infr�r�nabion �
�s��1 bY the CommunitY Ge�+elo�xne�rt peparhnent The Ixo.�tt r�na�Y alsor nee�� be�e.�riewed by the Tawn
Coundl and/or the D�sign Re+�erv Board.
T'ype o�Appiicadon and Fee: �
o �i� $�soo '� c����t �sso
❑ Ma�r Subdtvisbn $150U ❑ Floodplain Modifi�ation #4�00
❑ M1nor Subdirrtsbn $650 ❑ Mlraor�xterior A�Iberation $650
❑ 6cemWian Pfat � ❑ Major Extetior Nberatbn �8Q0
❑ Mi�r M�endment tD an SDD $1000 O De'veWopment� $1500
❑ New SPec�l De�r�t� $60'UD C7 M�endrnent bv a Develop�t PI3n $?SU
❑ Major Amendrr�ent tu an SDD $6000 0 Zaning Code Arr�ertdmerrt $130d
CJ hk�)or Aanendment bn an SDD $1250 C7 Variance $500
(rx�extrnar m�ad�h�) ❑ Sign Varianoe $200
pdan of Requ� 2 �
.
L.00atlOn of'tl�e Prop0�sa1: Lot: BIOdc: SubdivisiorT: � l cSu{p
�r���aa�: `7_�.�' L.�ans�,��rr�, r�o�'`-�ear�...��'c,�i�—
.
Parne�No.: �'�d 1 c7�Z( 7 6�' ( �cor,tact E�gle co.,�lssessor at 9�o-s26-s64o fior paroel no.)
��� 7�.o�ni g�'�v5 7 L�v��' C'� ._. - ��SS'
wame(s)o�oNmer(sy. `n I c�w���P1�D c.� �Iv.S��_ ��_e .�'�3 ��,����`� M�
_ `
�►�aH�eS�dress: `7�� Lt4v�5� �I�C� . I,�JIt,�..� . C� SI�S? �-�'81"7
�;��;�� - ��t o� 1�. �� � - P�:�d 4��- ��-Q4-
pwner[a�)SiQnaturNs): ee a-t' ac�•e
Nan�e or Applica� G • �--ss�� �ia�,r�'-�.c �'f 1 rfz �ttDA,��1�`C.7 .
.
w���wa�: Gl�,�d' "�o� l�rd�,c��i . 2?04 S . M��7�� �v�e..���r�,
t �: ...
. • � �
�-�,�aii�a�: ���'�@,an(. row+ � t . � . t�`� ��,' t�
� _ �r �� �
� �i �i
F°'� n►: �, �. r � :�#—S ;;�,�
���� "'�' ��.� -z �,�,� -6�
r�ny aaee• - �c n,o.: 1 L
Ptanner: Pro�Cr No.� �
F:1Cdev1F iPEClcand�prteE t�se10-1&20bd.doc Page 1 d5 f/M08
��1J L�� ��lo !1�,11)r�
vj- �
. � � �
MEMORANDUM
TO: Planning and Enviranmental Comm�ssion
FROM: Community Development Department
DATE: November 2fi, 2007
SUBJECT: A request for a final re�iew of a conditional use permit, pursuant to Section 12-7H-4,
Permitted and Conditional Uses, Second F9oor ar�d Abov�, Vail T�wn Code, to allow far
a business o�fice (real estate office) locaked at 714 West Lionshead Circle (Vail
Marriott Mountain Resart and Spa)JLot 1, West �ay Subdivision, and setting forth
details in regard thereto. (PEC07-0066)
Applicant: Diamond Rock HospitalRty Company, represented by Robert Foss
Planner: Nicole Peterson
I. SUMMARY
The applicant, Diamond Rock Hospitality Company, represented by Rober# Fos�, Agen# for
Ritz-Ca�lton De�eloprr�ent Co., is requesting a conditional use permit, pursr�ant to Section 12-
7H-4, Permitted and Conditional Uses, Second �Ioor and Above, Vail Town Code, to allow for
a business o�ce (real estate office) located at 714 West Lionshead Circle. Based upon Staff's
review of the criteria outlined in Section VI of this memorandum and the evidence and
testirr�ony presented, the Community Development �lepar#ment recommends approval, with
conditions, of this request subject to the findings and candi#ions noted in Section VII of fhis
rnemorandum.
II. DESCRlPTIQ�J OF THE REQUEST
The applicant, Diarnond Rock Hospit�fity Company, represented by Robert Foss, Agent far
Ritz-Carlton Developrr�ent Co., is r�questing a conditional use permot tv allow the conversion of
two existing notel rooms, on the si�cth f1oor, of fhe westefn most wing, of the Vail Marriott
Mauntain Resort and Spa (71�4 West Ldonshead Circle), to a real estate office for the Ritz-
Carlton currently under construction at 728 West �.ionshead Circle. The Ritz-Carlton intends fio
occupy the proposed real estate office for market�ng and sales purposes. The proposed Ritz-
Carlton completion date is scheduled for July 201Q.
A vicinity map (Attachment A), the applicant's request (Aftachment B), and p�ans (Attachment
C) have been attached for reference.
III. REVIEWING BOARD R�LES
Qrder of Review: Generally, conditional use permit applications will be reviewed by the
Planning anci Environmental Commission, and then any accQmpanying design review
application will be reviewed by the Design Review Board.
Plannir�q a�d Enviranmental Gommission:
The P1ar�ning and E¢�vironmen#al Commission is res�onsible fvr final approval, ap�roval �rvith
modifications, or denial of a conditional use permit application, in accordance with Chapter 12-
16, Conditional Use Perrriits, Vail Town Code.
1
, .
� �
Desic�n Rerriew Board:
The Desigr� Rev�ew Board has no revieuv authority over a co�ditional use permit application.
Howeve�, t�te Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Gouncil:
The Town Cauncil has the authority to hear and decicie a,�p�als from any d�cision,
determination, or inteEpretatian by the Planning and Environmental Commission and/or Design
Review Board. The Town Caunci� rnay also call up a decision of the P{anning a�nd
Enviranmental Commission and/or Design Review goard.
IV. ZONING AND LAND USE
�vninc�:
S�bject Property: Lionshead Mixed Wse 1 (LMU-1) District
Surroundir�g: West - Lionshead Mixed Use 1 (LMU-1) District
East - Lionshead Mixed Use 1 (LMU-1) District
North - Lionshead Mixed Use 1 (LMU-1) District
South - Lionshead Mixed Use 1 (LMU-1} District
Land Use Desiqnation:
Subject Property: Lionshead Redeveloprrxent Master Plan
(Vai� Marriotf Mounfain Resort and Spa)
Surround�ng: V'Vest - Lionshead Redevelopment Master Pla�
(Rifz-Carffon under consfruction)
East - Lionshead Rede�elopment Master Plan
(Lions Square Lodge)
Nort� - Lionshead Redevelopment Master Plan
(Vai!Spa)
South - I�ionshead Redevelopment Master P�an
(Antler's and Gore Creek Residences under eonsfruction)
Parkinq:
Required: Praposed Office (940 s�: 2.5 (2.7 p�r '�,OOOsf�
Existing 2 Accommadation Units: - 1.4 (0.7 per unit)
Total Required: 1.3
Proposed: Designated at Holy Cross Lot: 2 parking spaces
Employee Generation and Mitiqation Rates:
Required Fee: $89,184.14
Please see Attachmen# D for calculations, Attachment E. fdr Ordinance 7, Series a� 20Q7
regarding the adoption of Chapter 23, Commercial Linkage, Attachment F fvr Qrdinance 8,
Series of 20�7, regarding Commercial Linkage ar�d Atkachment G, Resolution 1fl, Series of
2007 regardwe�g payment of fees-in-lie�.
2
. . � �
V. APPLICABLE PLANNING DOCUMENTS
A. Tit1e 12 �oning Regulations, Vail Town Code
Section 'f 2-7 Article H Lionshead Mixed Use 1 (LMU-'G} District:
12-7H-1: PURPOSE:
The Lionshead Mrxed Use 1 Drstrrct is intend'ed to provrde sites for a mixture of
multiple-family dwellings, Iodges, hotels, fractiona! fee clubs, tirrreshares, Iodge
dwelling units, restaurants, offiees, skrer services, an�! cammercial establishments in a
crustered, unified development. Lionshead Mixed Use 1 Drstrrct, in accordance wifh the
Lions,head redeve�opment master plan, is �nfended to ensure adequafe light, air, open
space and other amenities appr�priafe to the permitfed types of buildings and uses and
to maintain the desira6le qualities of fhe zone district by establishing appropriate sife
develapmenf sfandards. This zone district is meant fo encourage and provide
incenfives for r�developmenf in accordance with the Lronshead rede�✓elapment master
plan.
This zone disfrict was specrftca!!y developed fo provide incentives for properties to
red'evelop. The ultirrrate goal of these incentives is to crea�e an economica�ly vibranf
lodgrng, housing, arrd cor►amercral core area. The incenfives in this zone distrrct rnclude
increases in allowable grass residentia!floor area, buifding height, and densrty over fhe
previously establrshed zoning in fhe Lionshead redevelopment masfer plan study area.
The primary goaf of the incentives is ta create @COCTOR7IC conditions favorable fo
inducing prrvafe redevelopment consrsferaf with fhe Lionshead redevefopmenf master
plan. additionally, the incentives are created to hel,p finance public of€ site
improvernents adjacent ta redevelopment projects. With any
development/redevelopmenf proposal taking advantage of the ineentives created
herein, the following amenrties wil! be evaluated: streetsca�ae impravernents,
pedestrian/bicycle access, public plaza redevelopment, pubLic art, roadway
improvennenfs, and similar improvements. (Ord. 29{2005) § 24: Ord. 3(9999) § 1)
12-7H-4: PERMlTTED AND CQNDITIONAL USES; SECf3ND FLOOR AND A�OVE:
B.Conditional Uses: The following uses sha!!be permitted oR second floors and higher
above grade, subfect to fhe issuance of a candifional use permit rn accordance wifh the
provisions of chapter 16 of fhis title: Profess�anal o�ces, business offices and studios.
Section 12-16: C�NDITIONAL USE C'ERMITS tin part):
12-1&-1: P(J'RPOSE; LIMITATlONS:
M order to provide the flexibility necessary ta achieve the objeetives of th+s tifle,
specified uses are permrfted in cerfain districts subject to the granting of a conditiona!
use permit. Because of their unusua!or special characferistics, conditional uses require
review and evaluafion so fhat fhey may be located properly wifh respecf to the
purposes of thrs ti�le and wrth respect ta their effects on surroundrng properties. The
review process prescribed in this chapfer is intended fo assure compatibility and
harmorrtous development between conditiona� uses and surrounding properties and the
town af large. Uses listed as conditional uses in fhe various districts may be permifled
subject fo such condifions and limitations as the fowR may prescribe to ensure fhat the
lacafion and aperation of the conditional uses wr!! 6e in accardance with development
ob�ecfives of the town and wil! nat be defrim�ntal ta ather uses or properties. Where
condifions cannof be devrsed to achieve these objectives, applications for conditional
use permits shall be denied.
3
� � ' .
92-16-6: CRITERIA,' FII�JDlNG5:
Listed in secfion VI of this memarandum.
B. Lionshead RedevelopmEnt Master Plan
Chapter 2: Introciuction
Section 2.1 Purpose of fhe Master Plan
This master plan was initiafed by the Town of VaiJ ta er�courage redevelopmenf and
new development inifiatives within the Lionshead study area. Both public and pnvate
interesfs have recognized that Lionshead today Iacks fhe economic vrtality of Vail
Village, its neighboring cammercia! district, and fails to offer a world-class resort
experience. Lionshead's �conomic potential has been inhrbited by a number of
recurrenf themes: lack of growth in accommod'atiorr units ("hot beds'), poor refai�
qualify, fhe apparent deteriorafion of existing burldings, an uninteresfing arrd
disconnected pedesfrian environment, mediocre archifectura! character, and the
absence of incentives for redevelopmenf.
Redevelopmenf is critica! for Vail and tronshead if fhe community is fo remain a
compefitive four-season resort. Other resorts are spending rnillions of do!lars to
upgrade their facilrties in order to atfract more visitors year-round. Grovvth in the
number of skiers annualty has slowed ta ane to two percent, intensifying campetition
for market share. Skrers are spending less time skiing and mare time shopping, dining
auf, and enjoying other off-mountain activrties. As a result, the demand for qualify retail
shopping and a greater diversity af experiences has dramatically increased. All af
these are sorely in need of improvement in Lionshead. Varl, and specifically
Li�nshead, will fall behind if the community fails to upgrade fhe qualrry of its facilitres
and correct fhe exrsting flaws in rts prrmary commercra�nodes.
This master plan, developed over a peniod of fwo years and wifh extensive invalvement
by the community, is a comprehensive guide for propert}r awne�rs propasing to
underfake develapment or redevelopment of their prope�rties and the municipal officials
responsible for planning public improverraents. The plan outlines fhe Town's objectives
and goals for the enhancement of Lionshead and proposes recommendations,
incentives, and requiremenfs for r�development and new development of public and
private properties. Jt also recommends specific pubLic improvement projects thaf are
strafegically important fo the future success af Lionshead.
The master plan is int�nded ta provide direction over the next 15 to 20 years.
Section 2.3 Policy Objectives
The Town Counci! adopted six policy obfectives on November 4, 1996 to oufl�ne the
important issues to be addressed in the master plan and to provide a policy framework
for fhe masfer plannrng process.
Ren�wal and Redevelopmenf
Lionshead can and should be renewed and redevelnped to become a warmer more
vibranf environment for guesfs and residenfs. Lionshead needs an aQpealing and
coherent identity, a sense of pface, a persorrality, a purpose, and an improved
aesfhe�ic character.
Vitality and Amenities
We must serze fhe vpportunity to enhance guest experience and community interactior�
through expanded and additron�! acti�vities and amenities such as performing arts
4
. . � �
venues, canference facilities, ice rinks, streetscape, parks and ofher recreatranal
improvements.
Stronger Economic Base Through lncreased Live Beds
In order to enhance fhe vitality and viability of Uarl, renewal and redeveloprnent in
Lionshead must promote improved occupancy rates and the creation of add�tiona! bed
base ("live beds"or "UVarm beds"} rhra�gh new lodging products. �Live beds and warm
beds are best described as residential or lodging rooms or units that are des�gned for
accupancy by visifors, gu�sfs, individuals, or families on a short term renta! basis. !n
order to improve occupancy rates and cr�ate addifional bed base in Lionshead,
applrcations for new development and redevelopmenf projects which include a
residentia! componenf shall provide live beds in the form of accommodation units,
fracfional fee club units, lodge dwelling units, fimeshare unifs, attached accommodation
unrfs (i.e, lock-off units), or dwelling units which are included in a voluntary rental
management program and avarlable for short term rental. Further, if is fhe expressed
goal of this Plan that in addition fo creafing additional bed base through new lodging
products, there shall be no net loss of exis�ing live beds within the l�ionshead
Redevelopment Masfer Plan study area.
lmproved Access and Circulatron
The flow of pedesfrian, vehicular, bicycle and mass transif traffic must be improved
within and fhrough Lionshead.
lmproved lnfrastructure
The infras�rucfure of Lionshead (streets, walkways, transportafion sysfems, parking,
utilifies, loadrng and delivery sysfems, snow remova! and storage capacify) and its
public and private services musf be upgraded to supporf redevelopment and
revitalization efforts and to meet the sen✓ice expectations af our guests and residents.
Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fisca!!y realisfic strategies must be identified so thaf adequafe
capita! may be raised from a1! possible sources to fund desired private and public
improvemenfs.
Chapter 4: Recommendations — Overall Study Area (Arnended July 18, 2006):
This Chapter of the Master Plan addresses issues that affect Lionshead as a whole. These
issues, and recommendations to address thern, should be considered in all planning and
policy decisions as Lionshead redevelops.
Section 4.13 Live 8eds
The mainfenance, preservation, and enhancement of fhe live bed base are cri�ical ro
fhe future success of Lionshead and as such, special emphasis should be placed on
increasing fhe number of live beds in Lionshead as the area undergoes
redevelopmenf. The Lionshead area currenfly contains a large percentage of fhe
Town's overall lodging bed base. The bed base in Liorrshead's consists of a varie�y of
residentia! and lodging products including hofels, condominiums, timeshares and
hybrids of all fhree. The vast majorify of live beds in Lionshead are not
accomrnodation units rn hotels, but i»stead, in dwelling units in residential
condominiums such as the Vail 29, Treefaps, Antlers Lodge, Lion Square Ladge,
Liffhause Lodge, Landmark Tower and 7�ownhomes, Lionshead Ar�ade, and
Montaneras, al! of which have some form of rental/'property management pragram that
encourages shart term renfal of dwelling uni�s when the owners are nof in residence. tt
has been fhe experience in Lionshead thaf condominium projeets which include a
voluntary rental management program have accupancy rates which exc�ed the
5
� � ' ,
occupancy rat� of hofel producfs, and fherefore tend ta provide more �ive 6ecls anrl
produce more lodging fax revenues to the Town.
App��cations for new development or redevelopment which maintain, preserve, artd
errhance the live bed base in L�anshead have a signif�cantly greater chance of approval
in fhe develapment review process than fhose which do not.
4_13.1 Lrve 8ed Defrnition
Pursuant to Policy Ob��ctive 2.3.3, lrve beds (and warm beds) are defined as
residential or ladging rooms or units that are designed for occupancy by visrtors,
guests, indivrduals, or famili�s, on a short term renfal basis. A Iive bed may include the
fallowing resrdential products: accammodafian units, fracfion�l fee club units, lcadge
dwe!ling units, timeshare units, attached accorrrmodatian units (i.e., lock-off units), and
dwvelling units which are included in a voluntary renta! management program and
available for short te�rm rental.
4.?3.2 Location of Live Beds
Live beds shauld be located in �ronshead pursuanf to the Lionshead Mixed Use 1 and
2 zone distric�s. All properties wrthin Lionshead, when developing or redeveloping and
providing new residentia! or lodging products, should provide live 6eds as defined
herein.
4.13.3 Hotel-types of Services and Amenities
To aid in the furtherance of Policy Objective 2.3.3 of fhe Plan, tiae creation ot additional
live beds should include hofel-types of servrees and amenities. Such senrices and
amenitres may include, 6ut not be limited to, the operation of a front desk,
registration/reservation capabilities, recreatiQnal amenities, guest drnp-off, on-si�e
management, etc. These types of services and amenities in multiple family residential
dwellings wil! rncrease fhe likelihoad that the dwell�ng unifs wrl! be made avarlable for
short ter� accupancy and help to promote improved occupancy rates.
4.93.4 Review of New Developmenf and Redeuelopment Projects
The Planning and Environmenta! Cvmmission sha!! consider the polrcies and direction
given by this P1an wifh respec� to live 6eds when reviewing new development and
red�velopment projects in Lionshead. Applications for �new development or
redevelopment shal! maintain the live bed base in Lionshead. Applieations for new
developm�nt and redevelopmen� which enhance the live bed base have � significantly
greater chance of approval in the development review process than those which do
not. A proposal's adherence to the p�licies contained in the adop�ed master plan wi11
be one of fhe factars analyzed by staff, the Planning and Fnvrronmenfal Commission
(PEC), the Design Review Board (DRB}, and the Town Council (as applieable) in
determining whether to approve or disapprove the specific proposal.
Chapter 5: Detailed Plan Recommendations
This ehapfer of the Lionshead Mlaster plan examines individual parce/s and groups af
parcels wifhin fhe Lionshead study area, excluding fhe residential prvp8rfies on fhe
saufh side of Gore Creek. The intenf of this chapter, and the Master Plan as a whole,
is to identify imporfant funcfional relationshrps and visual objectives within the disfrict
and to ,prapose a framework far the long-term redevelopmenf of Lronshead. The
document does nof intend to limit or eliminate ideas relating fo specific parcels, any
proposals consistent uvifh this framework sMould be considered even if they are not
anticipated in fhrs dacum�nf.
Section 5.93: The Marriotf (Amended July 18, 2�106):
6
, . • i
With approximately 276 rooms, the Marriott is the largesr only suppl�r of hot beds in
Lionshead. The single largest structure rn Lionshead, it is also very visible, especialJy
from the west. !t is cansequently a high priarity renovation project, and all reasonable
m�asUres shou�d be faken by the Town of Va�l to encourage and facilifate its
enhancement. Sp�cific issues regarding this property are as foIlows:
5.13.1 ,i4edevelaprnent or�evelapment of the Parking Structure
The besf opportunity fvr new development orr fhe Marrio(t property is the existing
parking structure (figure 5-17). If fhis site is developea', attenfion shaufd be given to the
relafionship beiween fhe development, Gare Creek, the Gore Creek recreation pafh,
and fhe west day Iot. Vertical development should step back from the recreation path,
and fhere should be a clear separafion (rrrost likely a landscape bu�fer) between the
public space of the recreafron path and the privafe space of the resrdential uRits.
5.13.2 InfrR Opportunrties
There are severa! tennis courfs on the south side of the Marr�ott. This area presents
an oppartunity for low-rise rnfill developmenf fhat eases the visual and physical
fransition frorrr the existing structure to the Gore Creek recreation pafh.
5.13.3 OpportUnities for Facade Renovation
Exferiar renovafion of the Marriott is a communify priorify, but the size and dim�ns+ons
of the structure presenf a challenge, and if is unlikely thaf the architectural design
guidelines (see chapter 8) can be fully met. However, this should nof discourage
exferior renovation, and the Town of Vail Design Review Board should insure fhat the
intent of fhe guidelines rs mek (This is a basic premise of the archifecfura! design
guidelrnes, relevant to all existing buildings in Lionshead.)
5.13.4 West Lionshead Circle in Front of the Marriotf
Any future develo�ment or redev�lopment of the Marriott property shvuld includ� a
continuoLS secondary pedesfrian walk on fhe sauth side of West Lionshead Gircle. A
pavemenf snowmelt system is strongly recornmended because of icing problems Qn
the vvalkvvay in winfer.
5_13_5 Preservation of Exist�ng AccommodatiQn Units
The Marrrott preserrtfy contains 276 short term accommodafran unifs. !n addifion, the
Marriatf also contains a restaurant, lvunge, spa, and meeting space facilities incidenfal
tQ the op�ration of the hatel. Given fhe importance and need for short ferm
accommodafions to the witality and success of the communrty, any future
red�evelopment of the site shall ensure the preservation of short term accommodation
unifs on the srfe. The preservatron of short ferm accommoa'ations should focus on
maintairring the number of exisfing hotel beds and the amaunt of gross resider�tial
square footage on the site as well as requiring �he preservation af 276 accommodation
units. Wifh thrs in mind, fhe quality of the existing accommodation unit room could be
upgraded and the rooms cou/d be reconfigured fo creafe multi-roorrr su�tes. �n no
instance, hovivever, shou/d' fhe amount of grass residenfial floor area devoted fo
accommodation units be reduced. Irr fact, opportunifies for increasrng the number of
accommodation unifs beyond the existrng 276 unifs already an-srte should be
evaluated during the developrr�enf review process. For example, the construetion of
"atfaehed accommodafion units", as defined rn the Zoning Regulations, could
signifrcan�ly i►acrease the availability of shorf term renfal oppartunrties within the
building-
7
! i � �
VI. REVIEW GRITERIA AND FINDINGS
A. 7itle 12 Zoning Regulations, Vail Town Coc�e
The following review criteria and findings for a Conditional Use Permit are established by
Section 12-16-6, Vail Town Code.
Review Criteria
1. RelationshiP and im��ct of the use on the developmer�t objectives of the Town.
Offices are listed as conciitior�al uses, second floor a�d above, within the Lionshead
Mixed Use 1 District. Therefore, this proposal is consistec�t with Vail TQwn Cnde.
Staff believes the proposed temporary real estate office facilitates the overall
recommendation of the Lionshead Redeveiopment Master Pfan to add `live beds' or
`warm beds` to Liorrshead {Ref. Chapter 4, Lionshead Redevelopment Master P�an
shown in Section V of this memo). The proposed office will facilitate and ramate the
addition of 116 total units, including 71 resid�nces an 45 club / ractional fee unit�at
the Ritz-Carltan; current9y under construction.
Chapter 5 of the L�or�shead Redevelopment Master Plan lists deta�l�d plan
recommendations for the Marriatt. Staff befieves that the proposed plan, to temporarily
convert two existing accommodat�on units into a real estate office does not warrant the
significant redevelopment recommendations requested under Chapter 5, Detailed Plan
Recommendations for the Marriott. The proposed changes are interior only and for
temporary use to market and promote the Ritz-Carlton; currently under construction.
2. The effect of the us� on light ancf air, distribution of population, transportation
facilities, utilities, schooCs, parks and recreation faeilities, and other public
facilities needs.
Staff does r�ot belieue this proposal will affect the light and air, distr�bution of population,
transportation facilities, schools, parks and recreation facilities, and other public
facilities ne�ds. The proposal inclucfies only interior change� and no change ta existing
floor area.
The propased conversion triggers the emplayee generation and mitigation rates
described in Section 12-23-2, Vail �own Code and Resolution 10, Series of 2007,
adop#ed and effective April 3, 2007. Please see attachment D for detailed calculations
of the mitigation fee.
3. Effect upon traffic with particular reference to cangestian, automotive and
pedestrian safety and convenience, traffic flow and cantrol, access,
mane�verability, a�d removal of snow frarn the street and parking areas.
Staff does not �elieve this proposal will negatively affect autormotive or pedestrian
traffic. The praposal includes dedication of twa parking stalls at the Haly Cross parking
lot, which is the temporary parking facility for Vail Marriott Mountain Resort and Spa.
The Ritz-Carlton construction includes a perrnanent parking facility for both Vail Marriott
Mountain Resort and Spa and the Ritz-Carlton, which is sched�{ed to o en rior #o the
comp6etion af th � - I When the par �ng facility is corrtplete, three parking
spa es wii� e dedicated for the propased real estate office.
8
� �
4. Effect upon the character of the area in which the proposed use is to be located,
includirag the scale and bulk of the propased use in re�ation to surrounding uses.
Staff c�oes not believe this proposal will have a significant effect on the character of the
area. Okher developments such as the Vail Plaza Hotel, Solaris and Four Seasons
have implemented sirrzilar conversions in the Town of Vail. The proposed conversion
will mos#ly affect the Vail Marriott Mountain Resort and Spa and not the �djacent uses.
The Generaf Manager of the Marriatt submitted an approval letter for the proposed
cor�version of rooms 605 and 607 and rrvith the understanding that the rooms shall be
restared to their original detail fpllowing termination of the office use. Accocding to the
applicant, the sixth floor, proposad locatio� of th� convsrsion, of tne Vail Marriott
Mountair� Resort and Spa is currently used for �eceptions and events, not usually for
va�atian hatel guests. Therefore, the existing hotel functian will not be significantly
disrupted.
Findings
The Planning and Environmental Commission shall make the following findings before granting
a cvnditional use permit:
1. That the proposed location of the use is in aecordance with the purposes of this title
and the purposes of the Lionshead Mixed Use 1 (LMU-1) District.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be �e#rimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
B. Lionshead Redeveloprrtent Master P�an
The following Policy Objectives of the Lionshead Redevelopment Master Plan, Section 2.3,
are facilitated by the proposed project.
Palicy Objectives
2.3.1 Renewal and Redevelopment
Lionshead can and shoul� be renewed and redeveloped to become a warmer, more vibrar�t
environment for guests and residents. Lionshead needs an appealing and coherent identity, a
sense of place, a p�rsonality, a purpose, and an irr�proved aesthetic character.
2.3.6 Greative Fina�cing for Enhaneed Private Profits and Public Ftevenues
Financially creative and fiscally re�alistic strategies must be identified so that adequate eapital
may be raised from aE{ possible sources to fund desired pri�ate and public improvements.
VII. STAFF RECOMMENDATION
The Community Deve{opm�nt Department recommends the Planning and Environmental
Commission approve, wit� cor�ditions, the conditional use permit, pursuant to Sec#ion 12-7H-
4, PermR�ted and Conditional Uses, Second Floor and Above, Va�l Town Code, to allow for a
business office (real estate office} located at 714 West Lic�nshead Circle (Vail Marr�ott
Moun#ain Resort and Spa)ILot 1, West Day Subdivision, and setting forth de#ails in regard
thereto. Staffs recommendation of approval, with canditions, is based upon tMe reuiew of the
criteria described in Section VI of this memorandum and the evidence and testimony
presented.
9
� �
Should the Pianning and �nvironmental Commissior� choose to approve fhis request; the
Community �eveloprrtent Department recommends the Commission pass the following
motior�:
"The Planning and Environmenfal Commission appraves the conditional use permit,
pursuant fo Section 12-7H-4, I°ermitted and Condrtional Uses, Second Flaor and Above,
Varl Town Code, fo allow for a business offrce (rea! estafe officeJ located at 7"94 Wesf
Lionshead Circle (Vai!Marriott Mountarr� Resort and Spa)/Lof 1, West Day Subc�rvision, anc!
setting forth c�etails irr regard thereto."
Shauld the Planning and Environmental Commissian choose ta approve this request, the
Community Developmen# Department recommends the Commission makes the foilowing
findings:
°1. That the proposed location of the busirtess affice (real estafe officeJ is �n accorclance with
the purposes of fhis fitle and fhe purposes of the Lionshead Mixed Use 1 (LMU-9) District.
2. That the proposed' locafion of the business affice (real esfate office) ar�d fhe conditians
under which it wtl� be operated or m�intair�ed will not be detrimental to the public health,
safety; or welfare or materially injurious to properties or r►nprovements in fhe vrcrnity.
3. That fhe proposed busrness office (real esfate a�ce) will comply wifh each of the
applicable provisions of this fitle, based upon fhe review outlined in section VI of Staff's
November 26, 20Q7 memorandum tv the Planning and Environmenfal Comrrlission."
Should the Pianning arad Environmental Commission choose to approve this request; the
Cornmunity Development Department recommends the Commission pass the following
conditions:
"?. This conditional use permit, for a temporary business office (real estate o�ceJ, shall lapse
and become vaid 3 years from fhe date of approva! or at the fime of fhe Temporary
Certificate of Qccupancy rssuance far�he Rifz-Garlton; currently under consfruction af 728
Wesf Lionshead Circle, whiehever occurs first. Wifhin 30 days frorr� the ceasing date, the
applieanf shall comp/efe the restorafion, of the two accammodation units (rooms fia5 &
607), to their origina!form.
2. The applicant sha1J obtain a separate sign permit, frorr� fhe Community Development
pepartrnent, far any and aJl proposed signs assaciafed wifh the proposed business o�ce
(rea!esfate office}.
3. The applicanf shall submit fhe employee generat+on and mifigafion fee, in the amounf af
$89,984.14, priflr to issuan�e of a building permit."
Vfll. ATTACHMENTS
A. Vicinity Map
B. App{dcant's Request
C. Plans
D. Emplayee Generation and Mitigation Rates calculations
E. Ordinance �lo. 7, Series of 20�7 (Comm�rcial Linkage)
F. Ordinance Na. 8, Series af 2007 (Inclusuanary Zoning)
G. Resolution 10, Series of 2007 (Paymer�t of Fees-In-Lieu)
H. Public Notice
10
. � • �
ATTACHMENT A—Vicinity Map
w_ � , ��,�,
� r '-. '� ,�;,. ., ,�"� "'
�� s �. � q� � �: '`� �
,
� , '
, ,-
^— ,,� i . •-. �. ; � a
,�g :� � �.,� �` �, ' � � � � .. ��
k., � � � . ��j,� q � � 'R.e^ �� a. �� �� �`%,n6� p y'dC'�
„ * «
E' ��M"' ���` � _ � t � � �$� S3 � •.� Y��
� ��• �. #� ��+~ ��� �}�
�' ' ° �° . s.' � _ ��`� a��
�,.�, � �' w ��' °�" �.. � .�� •�'' n �`�t
�g'.�'�� 3'�' #t�� d ... � f. � �` '.. � .j" ;'�. ��1 Y
a: _ "
b
4 _ :� �4�{ 'W� :y-"�, : F.� . '�*::t � • t`i Y�'
� ',. �. r'���� ,y� ....YQ �..� .�� , _ � f ;, �,rl
� ._ �2 . .?�i � � a ��. z�
� .� �� _ � , -p i '� �"t � �
w T
a ._.
.: � « - � �.� C . �_
. '� � � N [ b � �� '��
�� ,�. � 4 fl 5
�, r:r! : �- � � °� ��j � � #� �� ' ;� �4� �
'� � I� -�'-- a�F � . ~�' -
�a.� �` � �t�� J"1 �,y '� t � ��' '�;�� �c:
� L7 (� �� , �'� ' C.",. �"��� � ' z��,t+ "�z_ � b
i� � � ` ' � � '� � �� � '+
� ,17 c -t7 � �, � � � ��° ��r _�'�.��^� ...,
� � � '�. a o =�„�. � A� �a a,;„ ;y.�' 3`,`��..+,, X� +,
G _ z f a� � ra � �e+ -
� � i � *� �� � N
�j � 0 1 �`" -.
b � F
1 `1 � 3` �i �" 3f �.
� � � &g �, � 1 � _�� F �, .
� � 4f �� ..?� i:.� �;T �p' �. § °r 5 �" �' �t� `��
� � � �; �, f-° �� �, �1`°� ���► �'�� `t �
� -�,7 � ���' �. ��z' _i_ �, �'� �� ,� �y ;
Y � ° �{ � .�• . `j" �� '���� c� � '`,��' . �.
� � � � � � � V� � f C Q .a 'd+aS`��v �r _
4
{� (�' ` !I � � . p '� � "1 a . � B ..� .
� �� � �� �' Y �F' ��E� � 6 �� }�+�e 4 � #iN. � °�. .
� � � �3 �� ' � �� y'f} p 2� � e �4�e'� .,q. t
Q � �� ��1 , 3F � �S�I3 n� U' �' ��l 4
, '8, �`�'� G l
� � � � �� �'Q" -rna 'C`� ��
k p
��� � � .� � . ,�s ,�- ; �— r,,,a. � i ,�
, a � .
3.r � � . . ' . 's. , - . �4 �. . � �
k ,x �' �
- __
""° .
. �� ;
� � � �� �.� � -; �
� i tg �D x !�
�!w+� � � �� �. �� � �� ��� � � -
O � L '.��1: . � 'L ^",t;.,.., � , �^��� �- C
w� � 1K�� ��a,.p,�� ^y � �
�V tC3 � '� r. � "
•� � � � �� ��L�� Kyr�°9� �� 4 ,� � ��4^ � � �""�
� } ',. !,� '?� �.. .r �� - �" -.yF� g `" r.'�
�. � C ;�r .,.�°�, `�r,�r 'ti a6' �... y, �: " , t
� i -� �4�, � ' 4"r�g �� ��;'�'� � ;,=� �,
/� t 7 � �, . ` fi�°'` .��� +�'� '':' � .l �
Li �=5 � '� ±'��g �, � @'�_ . r`�'�-���''� '� 1,� `
� � g} =�.., � �r� � ,� ��, � rt � ;a
� ,,� �� �
f
,� .� � ``.��r �M� "�' `�, _..:�f '� � � :� 'o� �„
� � �y � � i
. •
z >� �� � •_`� �+ . .�-
.� � � �� ' � � '� � E. ��� ?j � '�+�s"' �� �.;�
5
`� � 4�<�F
in �:,� A,�a � �s, ,�°„ 'a.�,,-' 4�,1�`", � T` �� r � ""`;,�,'- . : 't�r'r`� _
�� e . � �. "�..t '�c '��ir � �`1���`
�S _ _�,"L�'�, � :� ` � �, �$c'� ,:,� _�� t �;,
�7 {y�'''� # �� � � �°�`"�`l���'�` �,y � �.���� ��R
. P''^- k� � ?`� '� �. �ta �s+ _ �f _�1.� a,s �.i�� 4
'°� �z y ��� `'a� � t � � F � f
� p����� �` "" T `"4 � �� �
. � � ..�,������.. .�" ��+ �
+�.,�1,.�. �n�d�' .'� f w. .� �, :t. ..A a{ a��
� � � �'� .�.u,�y:, `i,� 4 .�' . � �°�� P+ :
Z, �f� w �h .�'� �vr g `�ey, k�.� � & ,� � �
M4' �
y `-ti a,� �,F,�" � ' ��,�. � >0.,; ''a �.,i„u�"�°. � ���'° -� ,��^�.';.
�,� -� p; ' _ ' .
°�' .o �" �. .nr. 1, . e �.�.y _; g,� y, 4; �`i,;l�^,; .
�, � ��i �� � ,. �� �,�r � � ,
r¢'M" o�"� T
���� � '��-�f�g ,� � �. ,�jy' 1 °��� j, �.
�'�m °�, ` '�'`, . � � ':s s: �� �4 ��, �. �� #�� -�� .;� � � „„y
`� �w„ ' �t ` �" �' a.� �
���'�`� �.`� ��§:^.�...f s � �.>`v,�, `. ��" �
r�
�_ �
„ . . � . . �z' �,
� r �-:.
- ' . � '� T � �� - '
i � � �
. , �,._ ,. ,.
� � t ,� .A "�-. __ __. ° � . _. . ._.
11
� � ' ,
ATTA�CHMENT B —Applicant's Request (5 pages)
Ti-ir: lt�rr_-Cnni:rc�, C�_�J[�.°
Mr.Warren Campbelf, Piannet
D�partment of Gommunity Deve6opment
75 Sauth Frontage Road
Vail, Colorado 81657
aear Sir,
I. Summarv:
Tiie applicant, Ritz Carlton Devels�m�nt Company(RCDC}, represented �y�Jlr. Robert Foss, is
req�esting a Cvnditional Use Perrn�t pursuant to SQCtion 12, 'U'ai1 Tawn Code,�allow far the
p{ec�ement af a lobby desk and the remodeling o#a 2 roam t�wspitalfiy suite at the Vaii Marriot�
Mountain R�ort and Spa, bcateci at 71� Lionshead Circie, Lionsi�ad, CQ. and setting forth details
in r�art!therefio.
Agents: Mr. Robert Fo�s,Glemerrt Foss Arcfi►�tects is serving as agent to RCDC. Mr. Dave Pease,
�GiU1 of the Vail Mamcyt#Mauntain Resort a�d Spa Is se�ving as Ager�t for tt�e hotel owner�,
DiarnandRock Hvspitafity Comparry. DiamvnctRta�ck purchased#he t�otel frcrm Vaif Resor�s in 2005.
Based upan this rnemorandum and the evidence anc3 t�sfimony presentec�, we request that the
Cc�mmunity Devrelopment Depar6ment cecommend approval for Cond�iana) Use.
11. Dsscrio�ort of the Reat�t
�applicar�t, Ritx Carlton Deveiopmerrt�an�rry(RCDC), is�equesting a aondi�ianal use permit
pursuarrt to Se�ion 12, Vai�Tov�m Cvde,to allow far the ptacernerrt flf a lobby desk and for t�e
remodeling of the 2 room hospttaiiFy suife (605/607) into� busir�ess affice at t1�e Vail Marriott
Mcwntain Rest�rt and Spa (see attached site p�an).
The lobby�esk wtll tempararily oc�cupy the sou#hwes#comer of#tre exis#ng libra�ry(see at�aached
lobby plan}and consists of 1he existing bookcase, a desk wi#h 1 staf�chair and 2 gusst c�airs. The
desk rnritl fundion as a gr�eting spao�for intereste�d pers�s. Those desirin�g morv� inform�tion vui[I be
esoorted to the 8`"floor business of�ce.
The business office will tempora�ilp accupy the existing 2 room hospitality suite (6{}51647)on the�6�
floor of the west wing (s�ee attached��'ftoar pEanj.The affice wil!functi4n as a marketing and sales
ga!lery for the Ritz Cartton pro�e�t� under c�structian �ex#daar to the hotel. It will include a scale
model, vi�deo�aresentati4�s, in'farm�exhibits, sarriQle mater�als and offir�area. {see a►�tadtied
Ga��ery pfa�►).
T'�e Ri�Carfton Devefoprc�r►t ComP�v
�49 WesMrood Boutevard,Suite v(�Q,O�rl�nda,Fl�rida 32821-�090 •f407}2U6-80�+D
12
, � •
�
Txir itrr�-C���,s_rc�n Ci_u�..
I1L E�ack�ro�nd:
This#emporary use is in sup�ort of the pr�viousty approved R�tz Gar�ton Club s�nd I�esidenee�Vail,
curr+�ntiy undcr construc�n at the ofd West Day�.ot�n Lior�shead. T�e C��b portion includes�5 �n�
(2, 3 end 4 bedrooms) ofi a 1l12�' in#erest{3 ur��k)fractional, marketed and svld 6y t�e R�z Carltc��
Devetapmerrt Company.
The R�id��c�s include 7"i whole owne�hip uro�ts, sold by St��r, Srnith and Framptdn. The �lub and
ResEdenr�es s'ha�e some oomman elemer�ts ind�eding tF�main iobby anci most amert�iE,s. B�tl�
enti�es are ta be managed by t�s Ri�z Garl�an FloteE Cvmpany_ •
The Ritz Ca�ltvn cans#r�ct�on has rea�rYtly started and occupancy is scheduted for Ju1y 2Q10.
VI. R�e�at�onship 1 Em�act c�n town obj�ct�ves.
CFtapter 12 1-2: Pu�pase:A:
This prot�ct promr�tes the ger�eral purpases of#he Tow�r ir�strp}�ort of the previousiy approved Ritr
C�rE#�n prc�j�.ct, E��Iping to ensur�its ecas�omic viabifity, 'r�creasing #he number of 9ive becfs in a
hea�thy, s�fe and rr�oral w�y. The busi� is cAnducted ir�a i�armot�ic�us ant� coord�nated mar�r�r by
a reputable comp�ny. This conditianal use pe�rnit wi#I enhance and conserve t�he na#ur�1 environment
b�r bringing th�a a�#f�ted hote�spa:c� into cumen#complsanc�, as wetl as enhanc�ng tt�e r�sart
character af the commur►ity.
Ch��ater 12 1-2: Purpvse; e:
Th�prop�sai achieves the spec'rfic purpos�€rf fhe Town as fs�llows:
1, B�caus�the cvnd4tional use caccurs u�ithfn an existing building �shot��i nc�a�ff�ct th�a �ight, air,
sanikation, drainage or pubtic f�cilities c�f t�e Tc�n.
2. Because the co�di�itma!use oc3cu�s within �n existing buikiing 'tt sh�uld not affect the ability tv
sec�re t�he safety from fi�e,pani�,fload, aval�nc�e, accumulat�n af snow or dareger�us condi�ions�f
the�awn. Speci�cally,we wiil make code required lmpravernents to the fi�:pir9otection and sepa�atian
sy+s�ms of#h�affected spaces.
The Rikx Carlton�v�opment C�ntpany
6649 V4lestuuoQd Boulevarr�,Suits 500, DnandQ, F�arida 32821-6090+(407}206-�UO
13
� � ' ,
�i•[C�ITL-LARLTC�k� �i�U(3'-
3. The bu�iness c�se will �rornote safe and e#f�ierrt ped�str�an and vehicula�t�'aff�c circulation.We do
not belieue'rk will add to the c�anges�c�n in the s#raets. 5p��cally, by marketing to existing hatel
guests and vis�tors we ct€� not expsct to increase traffic. Our staffing cc�nsists of 1 ernpk�yee t�ated in
the B�'floor space and 1 employee at the desk. 'i otiter employee is on rotaticm (only 2 employees ir�
t�e hatet a#arry Qne ti�ne� clunn�the nex�ski seascan.The hote!parking is nat at capacity tiur�ng the
ski seasari because of the large quantity of group tours. During th�e summer,when hotiel parking is at
capacity,there i� plettty af excess cap�city w►i�h free parking at tfi�e Lionshead pubfic paricing lat.
Additivnally, the n�w parking structure is schedu�ed to b�c:ompl��e1 e�rly,whidi shauld furthe�
enharrce parkin�.
4. Please see tt�e above camments as thay�efate to off-street parici�g.The prapased offic�e use will
r�quire minimal ioading impacks. Our rnain intent is to anl�generate marketing le�s ir�tt�e �7I08
seasan.�►'Ve couk! sta�t sales contracts in the 06/09 seaso�, but alsd intend and nee�d t�have other
ci�yr-approv�ci Vail Village gallery spaos by th�n-
5.The proposed rnarketir�g and sales activities conserve and maintain tha est.�b�ished community
quali�es and ec�namic values. Specifically, the labby desk will be us�as a greeting �paca ar+1y, with
interested parti�s being escorted up to tlt�$�'floor gallery. The 6�'ftc�r is cu�rerttfy a fiospitality suite
fl�ar, already used for rec�ptions and events, not usually far vacation hotel gues#s. Regardir�g
economic value,the marketing and ev�:ntual sales will be working tovuard g�nera�ng aver 5+�0 cEub
memberships and a potent�a! 1080 or more�ac�tion visit� per year. Each m�mb�rship ir�ludes 1 or 2
ski s�ason visits and 'I s�mmer visit(or vice vers�a), plus opportunity far addit�nal shoulder season
use. If Conditianal Use is approved, rn�rketing s#arts th'rs ski seasc�n,wrth FGt�Carftt�rr ocxupancy in
summer season aof�01U.We will retum th�hos�irtality suite to its o�ir�at use betw��en summer and
s�i season 201�.
8,q,s the 6'�'fbor is already business oriented, we belie�e thst the Ctu�ditional Use is in keeping v�i�tt
a hamronious, oar�venierrt, workable rel�tionslaip and r�nsistent with both the Tovrn and hotei
objectives.
7. 8ecause we ara Hra�icing within an existirtg structure,we will �aat be ooratributing to exc�ssive
p�ulatian densit+es or overcrowding of the land_The hospit�lity suite cumently only 9�ndudes 2 double
�eds arMd a fiving ares. Our�ritended use mair�tains the living ar�a, with the bed area u�c:ct as�al�ery
space. F�ar apr�es ski e�rrts we intend to hav�mayb� 3—4 hafiel guest couples vis�t at mas�This
w�uld be cansis�ent wilh �os�ital�ty ev�nts th�t alr�dy�r,
8� `f�e�ropo�ed Canditian Use makes no chang�s tc>the app�arance c�F�he tavm.Any terrace
informativrt�l exhibit�s wilJ occur b�lrnv the�uR�nt balc�ny visibility iine.We iri'fi�nd ta add them�tic
decorative port�6{e`scre�ns' to divxie the ex�sting haspitality ever�t terraoe from the gallery�ce.
The'screens'wfi[be perpendia�iar#c�town v�w lines{see 6�'�vor plan}.
T1ie Ri#z Cacltan Development Company
E�r49 Wesivvoc�d Roulsvard,�uite 500, Or�aredo,Florid�32821-B09�}•(+t07}20iB-6Q00
14
, � � �
�
TEtc REr�-C:��;i r�� C�ir�.-
9.The proposed Canditie�n U��mak�s no changss to the natural fea�ures of the#own.
'!�.The proposed Gr��dition Usc m��Ces no changes ta th�apen sp�ce vr arnenities�f the tawn.
f 1.We believe the propos�d Gondition U�e is cQr�sistenf with the approved Ritz Cartton project,
orderFy grawth and a yi�bl� Lianshead.
Chapt�r 12-�7H: Purpc�se:
This proposa( achieves#he sp��if'�c pu€pases of the Lians�ead Mixed Us�district in ifis svpport of the
apprav�ol Ritz Car[tan Club and Residences Vait prvjet�.
Ssctian 4.�3 Lirre Becis f Section 5.13 Th� Marris�tt
Th�re are 276 shart t�rm �cca�mmodation raoms, nat Including the hospitality su�ites at the ho#el.AU af
the short term raorr�s are being r�tained. There are a tataf af 344 accommodation roams at the hafiel.
Approval of the Gonditional U�will enhan�e the Tc�wn and signifiicantty incre��� ti�availability af
li�e beds through the redevelopment of th�adjac�:tit site(see 5.13.1)ant�#he mariceting of the 45 Ritz
Carl�on C�ub units. The poteritial for new�ir�e fa�ds being markete�d is 540 we�ks. Th�Cvt�di�ianal Use
does temporariiy take on� hos�itality suite(see existing 6051607 plan} aut of€�se. The hosp�tality suite
orrerk�oks t�e construction aite ancR is nr�#prime �pace far g�,�ests(se�site plan).
Tt�time fr�me for the Conditional Use is fsetween Jan. 20U* and August 2�'��. The time frame
inc��des a 6�canversion time a�the beginning and end of the Canditiona! U�. Histor�cally, the
hotel is at maximurn capacity less th�n 30 da'rs per y+ear. Because the beginning the conversiora is
scheduled fvr�ar�. a7, accupancy in� roarr�s on#t�e 5"'floor dir�ctly belc�v ma�r als�be tempvrarity
aff�ct�d.A�ummar seatsan cxinversiart b�ck ta the hvspitality suite beginning in June 2Q'10 is n4t
exp�t�d to�ffect occupancy. .
Zoning
The Goncfitional l�se supports the po4icy a��ective 2.3.3 through the pramotion of increase�! live b�ds.
S�RVUn�ing land uses arB not affecbed by fhis ternpar�ry Con�ditianal Us�.
There are no ����r ExteriorAlterations.Tfie Gc�€�ditionaf Use da�zs not madffy the exisfing building
ext�riar in a�ry way. Ir�fa�mati�nal ex�ibEts are belaw the exis�ing balcony�tne. Portable screening
eler�rents are tempvrary�nd not atta�h�d to the building.
The Ritr Carlton Deve�ment Company
fiB49 W�#woc�d Bouleu�d, Su�:500,C)rt�ndv, Flarida 32821-5094•{4�7j 2[?6-5{i�?0
15
r i � �
�
Tiic R�r�-C!�ri:ror� C�.u�..
Perkin�
The hvspitati#y suite requires �.4 Qarking spaaes (verify), '1'he CondiNonal Use nec;uires 2.5 spaces.
There are anly� staff ani�cipated et�his location. The ht�t�! is alloca#ing 2 spac�s dtrring the
tempqrary displacement o�the hatel parking to the Holy Cross site. Upon eariy completian of th�e Ritz
Cariton gar�ge, 3 sp�c�es could be alloca�d (see also response Chapter 12—'l-2-8-3 abQVe}.
Sinc�reely,
f��`--�•
Rabe�t C. Foss, Cvnsultar�t to RCQC
Clemerrt Fass ArchitecEs
271�9 Sauth MacDi�l Avenue
Tampa, Ftorid�33fi29
$13 8�1 3223
The Rilz Ca�iton[}�velopment Campany
664�We�w+nd�d&�ulevard, Suib�5U0, Orlando, Florida 32621-609{��(407)2U6-800q
16
, � �
ATTACHMENT C — Plans (3 pages)
� [
� �
� �
� � �
� �� -
�� � � c+�
� ts�+� a ��4� kl
' � a - 4L+,g����•k�'
�i��Q � '
,
�
x�i
G
f
� '�. * t'
�° � � f � �qipi
, ~', f � !' �i �
��� I ���'��Ll 'tb $. � �� f� ~~`v � tl
$� � �_� �'�d ` � � ` , ,g� _"tl"y��` � �
� _ �� ... i � � . y .`... I� ��.. ��IIpI x ��
4 1 � " �
_�.,, �� ��4� � ' �- � ��� � �� �' �
�� y ` �j t 5 kiklh, � � —u:vs g���y � rR
en i . ��;j11'i�4(�y1�f` � ����[3 �� ��
�� ` C � 1���$��`n�5 z� ��������������
�� �' C9L ��5�1,� 'i1��
�. � ��h �I ,t ���
� 4�y�� �
±7�' �� ���{ �t ,��1�l���5 ,�1}t �
��1 a v r �_ . — t ��'�����4 �`E �
'� � � „1,��'1`,_ � � �
, ��� �
� , � ����ty �
.� '�i;�a1 ti� �. QQ G�¢ I � l� �
� � x 4,'. t V 4l1
� �` ����1,�,:
1`�'�;;�1�1�`
� � � a � ��m e
� � � ���55�;�•',1' '��
4 ���'���'�5 �
� , L!' �` ��,i.a�
.��—` � \l `,�
����� �a�g��� ��,��Lj�,!
•��Y`��_- � 3�'d6y `� �,�1�,
r .; � �������f c� �►� \�°�`,�,��;��1:�'
•�,� �,. �,� ,��,
.
� ��� �� .
� � ����;
� �.-� �,�'f;�+� �.—
� ti � � � a�4� ,.
� " ���w� ; �'ti��
�� �y � � � � ��a }'�i i
, �`�,'i8a�{ �� �rt��M � ` �,, ����`�h;�,
� 5tA; � y'}��
M _ S, 1
, r � � 4
s �
� x
� �yx�..r— �� �� ,�; ��.�,:,.
�i , ,,� .,,
�
'�
�y 3 `
.�" �. `1ti.y�tie�Sti. �
��j �' ti $ �� �'� �'tii��+
� �� ��� � � t ��i�
�n � J
P � �y�., ..��� � ,���' ��,';�'�� �1
�l�l�+' qYe�'rfl l _k
. _ ���. 4 4 .�F� �r: ��3"il
��,.�, 1,
�� ��Si1�rs1 g
� ��
N 6 6 b 4 i
fr n ,a . .,r 1r y ;�
�u`� tlE � � ��� �'.. ��
{'^�[ � � 1 p .-
yt � �� <7� � � b� �� .
�1 � � � � �7� , �
lL � � �3 s�
� � � t�� �
,7
i • � �
. �
�
. � �
� � �� . . .
a� .
� .
. � �
. ' �
�
5
� a � '
. . $
. �
�
:
��
Y �
•� '.
� • �
� �
. �'�
_
. , 6� �
�
�
j
11 .
�� -
11
1
11
. �I
�i
. �,a.m��,�.�.� •
, , � .
——�–�
18
� �
� �: .
_� . . . . . � �' _ .
� � �' , _
� '��� �± �
�
�. � �' �� ��� ��
�� � ; �; ��
_ , � _.... . ,. .� ��' .:-. , .... � < "� �. . .... , : �
t � � � # £ i - . �
!s � � �.
� � _�. . ._ _. ....
$ �� � � � ��e� �F � �`
. . _ � 'V � � _� k[ � I .
} ;..,. N a
'� r}, _ paq',?�a'��'"': °'�`�:-- lar:'� �_� -_ � —�.. ._. � . #��r
! § � �y�� �PMO'A� —�
{ ' 1 i �k. ' � ...
I j � �� ,� � ��. ..- � � �
_ � '�
' ��;� �-.� ,';'� � .
� - �� 1$t3 � ,�� � tsl i i � �r
�,_.. .. ,�.���.�. �� � �
. i � �,
. 3 � �� �� : � �
� � � ' �..��h I� � � �� .. � � � `� ��
f � +�� i� �- � � � '� l�; �},
' ° �!r � � � ' �, ' j�; �
� � � �� �, ` � °".t
'� '_ ��'— ----� �.�-}- yaL , .... ,..
;
�.
�,� :,,� � .,,� ..,:.,�T..�w..,p.,.-R,;r:>s : _: � ,,...�� '��"r.
,
�',�,� '.'�'�
, ._, •
.
�`� �Yl� � ,Wd��7� �� �r:�` �
I �_.,...., ,
3'
�� �_ .—' __ I
�� .��_�._ �+,.� �
t
�
��
r-- �
--°��-� ���; � a�_�
E�,.�� �� � � �!J
�F� 'Py
� V:
. - �,
.�,,._.. �. - »,_„�.,,..G � .
5 ..._._.,,�.,.:., ., ,
��_ f
a ,..., ..._ .
.e.:,.� �.�.�v'-_
... _t—.�—� F�
%°"
��� ;,�� �
...__...� �.�'� ' u� � i..�.,� ;
x � �
�_�� � c� �-- �
' � �
i ��
!��_. ��� _
�=' /
� � �
�, �'f�
. . —_ _ .._ . _ _ .�.�.�._._' ���__'
19
• � ' ,
ATTACHMENT D — �mplayee Generation and Mitigation Ra#es calculatians
fnciusionary Zoning Calculations For:
Vai!Marriott Mountain Resart and Spa
Lega!Description: Lot 1, West Day Subdivisron
I. Appficability
lfnder Section 12-24-4 (Inclusionary Zoning — Redevelopment�, Vail Town Code, the
conversion of two accomrviadatian units to a real estate office triggers the Employee
Generation and Mitigation Ra#e requirements in Section 12-23-2 (Commercial Linkage —
Employee Generation and Mitigation Rates), Vail Town Code. The addition of cammercial
area equals Commercial Linkage as defined by Section 12-2-2 (Definitions), Vail Town Code.
ll. Employee Generation Calculation
The following calculations were drawn from the employee generation and mitigation
requirements in Section 12-23-2 �Commercial l�inkage -- E�nployee Generation and Mitig�tion
Rates}, Vail Town Gode. The cammercial finkage requirement equals 20% of the raet new
employees genera#ed.
1. Increase in Real Estate Office sq ft of 94a sq ft (conversion from residential):
940 sq fk/ 1,000 x 5.1 employees (Real Estate Office) x 20°/a rr�itigation =
0.96 emplayees to be provided deed restrieted employee housing
2. Decrease of two (2) Accommodation Units:
2 Accommodation Units x J employees per unit (Accommodation Unit) x 20% mitigation =
0.28 employees no longer required deed restricted employee hausi�g, due to conversion.
3. Total:
Q.96 emplayees minus 0.28 employees =
0.68 employees to be provided deed restricted employee housing as a result af the
conversion.
I11. Mitigation Methods
Based on the current circumstanees of the subject sits, Staff calculated the foElowing twa
mitigation m�thods. However, the app�icant may choose any `Method of Mit�gation' listed in
Section 12-24�6, Vai7 Town Code.
1. Fee-in-Lieu:
Provide a feean-�ieu payment to the Town of Vail for .68 employees x $131,385 /
emplayee = $89,341.8�. Payment of the fee-in-lieu of$89,341.8Q must be paid prior to the
issuance ofi a �uilding permit for the project (Ref. Resolution �0, Series of 2�07, adopted
and effective April 3, 20�7).
2. C7ff-Site:
Provid� off-site a# least a 438 sq ft Studio Unit - exceeds requirement by 0.57 employees.
The deed r�striction for the off-site unit must be provided and accepted by the Town of Vail
prior to the issuance flf any Certificate af 4ccupancy for the new Real Es#ate Office (Ref.
Section 12-24-6 Inclusionary Zoning, Ntethods af Mitigation).
24
� �
ATTACHME�IT E — Ordinar�ce No. 7, Series of 2007 (Cornmercia9 Linkage)
�RDINANC� 1�0. 7
SERIES 2007
AN ORDINANCE ANfENDING TiTLE 12, ZC}NING REGULATIO�JS, VAIL
TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTIO�I 12-2-
2, AND THE ADOPTION OF �l NEIN CHAPTER 23, ENTITLED COMMERCI�4L
LINKAGE, AND SETTING �'ORTH DETAI�.S fN R�EGARD THERETO
WHEREAS, the Town of Vail has experienced a decrease in populativn during the past
ten years due to rnarket conditions that have given homeowners incentive to sell their
proper#ies;
WHEREAS, during that period of time, housing costs in Vail have increased at a much
higher rate than income has increased;
WHEREAS, r�ew commercial developmen# and redevelopment in Vail will result in new
employees being needed for uses in the new buildings and for the mair�tenance o# the new
buildin�s;
WNEREAS, there is a s�bstantial, direct, and ratior�al connection between the need for
housing of employees generated by new commercial development and redevelopment and
the reguirements for the provision of employee housing, as document�d in the report entitled,
"Town of Vai! Nexus/Proportionality Analysis far Emp�oyee Housinq MitiQation Proqrams,"
prepared for the Town by RRC Associates, f nc., dated March 12, 2007, a copy of which is on
file with the Town Clerk and ava6lable for public inspection;
WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the
Tflwr� af Va91 held a public hearing and reviewed and forwarded a recommendation of denial
of the praposec! text amendments to the Zaning Regulations to the Vail Town Council in
accordance with the procedures and criteria and fir�dings autlined in Chapter 12-3 of the
Zoning Regulations;
WHER�,4S, the Town Council believes that the provision of a reasanable ar�d
appropriate percentage of new employee housing is the responsibility of new cornmercial
deve9apments and redevelopmer�ts which have a nexus to r�ew job generation;
V1lHEREAS, it is the �own Council's goal to provide housing for at least thirty percent
(34%) of the net new employees generat�d from residential and commercial development in
t�e Town through t�e conjunctive efforts of this ord�nance a�nd the Town's inclusianary zonir�g
o�dinance; and
WF�EREAS, the Town Council �inds and determines t�at tFre public health, safety, and
weffare wifl b�e served by adopting regulations which require mitigation of such impacts an
emp4oyee h�using in the Tow►un of Vail.
N011V, THEREFORE, BE IT ORDAINED BY THE 7own Council of the TOWN OF
VAIL, C�LORADO, THAT:
21
� � ' ,
SECTION 1. SECTf�JN 12-2-2 OF THE VAIL TOWN CODE 1S HEREBY AMENDED
BY THE ADDITION OF TWE FOLL�VV'ING DEFINITIQNS:
COMMERCIAL DEVELOPIV�ENT: Any development that includes uses
such as business offices, professional offic�s, accommodation units, general
retail, grocery, liquor ar�d cor�venience, recreational amenity, real estate offices,
conference �acilities, health clubs, eating and drink�ng establishments, service
oriented businesses, or similar uses.
COMMERCIAL LINI�4GE: An obligation that requires developers to
pro�ide housing for a certain number of new employees that are generated by a
new commercial de�elopment, faeusing solely on a development's impact as
related to employee generatian ar�d nat ta#cing intv account secor�dary impacts.
CONFERENCE FACILITY: A faciiity used for conferences, conventions,
seminars, banquets, and entertainment functions, along with accessory
functior�s such as lobbies, �re-convene ar�as, and �xhibitian space.
DEED RES�RICTlON: A permanent restriction an the use, occupancy
and transfer of real p�operty that runs with the land and is recarded against t�e
property in the Eagle County Clerk and Reco�der's office.
DEVELOPMENT: The canstruct�on, improvement, alteration, installatson,
erection, or expansion of any building, structure or other improvement in the
Town.
D��MITORY UNIT: A type of employe� housing unit which ho�s�s not
mare t�an five (5) p�rsons and includes common kitchen facilitie�, a common
bathrovm, and a minimum of twa hundr�d fi�ty (250) square feet ofi GRFA €or
each person occupying the unit.
EMPL�YEE: A person who works ara average of thirty (30) hours per
week or more on a year round basis at a business located in Eagle Caunty.
NEXUS STUDY: A report, prepared at the reguest of the Tawn Council,
updated at least every five (5) years or more often if deemed necessary by the
Town Council, analyzing the current and future emplflyee housing needs
resulting from new development and redevelopment �n the Town.
OFF-SITE: A lacatian within the boundaries of the �own other than the
s�te on which the commercial development is Iocated.
REAL ESTA7E OFFICE: An affice for the purpose of conducting real
estate transactions and/or property management.
REDEVELOPMENT: The construction, improvement, alteration,
installatian, erection, expansion or change in use of any existing building,
steucture or other improvement in the Town that results in an increase in net
floar area or GRFA.
22
� �
SPA: A commercial establishment providing services including
massa�e, body or facial treatments, make-up consu{tation antt application,
manicures, p�d�cures and sim�lar services, but excl�ading beauty and barber
shops.
SECTION 2. TITLE 12 OF THE VAIL TOWN C�DE IS HEREBY AMENDED BY THE
ADpITIOtV O� THE FOLLOWING NEW CHAPTER 23, �NTITLED COMMERCIAL
LIhIKAGE:
CHAPTER 23: COMMERCIAL LINKAGE
12-23-1: PURPOSE AND APPLICABILITY:
A. �he purpose of this Chap�er is to ensure that new commercial
deveEopment and redevelopment in the Town provide far a reasor�able amount
of employee F�ousing to mitigate the impact on employee housing caus�d by
such commercial development and redevelapment.
B. Except as provided in Sectian 12-23-5, this Chapter shall apply to
a!I new commercial develapment and redevelopment located within the
following zone districts:
1. HIGH DENSITY MULTiPLE FAMILY (HDMF);
2. PUBLIC ACCOMMOC?ATION (PA);
3. PUBLIC ACCOMMODATION 2 (PA2);
4. COMMERCIAL CORE 1 �CC1);
5. COMMERCIAL CORE 2 �CC2�;
6. GOMMERCIAL CORE 3 (CC3�;
7. C4MMERCIAL SERVICE C�NTER (CSC};
8. ARTERIAL BUSINESS (ABD�;
9. GENERAL USE (GU�;
10. HEAVY SERVICE (HS);
1'I. LIONSHEAD M�XED USE 1 (LMU'1);
12. LIONSHEA� M1XED USE 2 (LMU2);
13. SKI BASE/RECREATION (SBR);
14. SKI BASE/RECREATION 2 (SBR2);
15. PARKING DISTRICT {P); AND
16. SPECIAL DEVELOPMENT (SDD).
23
� � .
C. The requirements of this Chap�er shall be in addition to al�� other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
prflvision o�this Code, the provision of this Chapter shall control.
24
� �
12-23-2: EMPLOYEE GENERQTfON AND MITIGATION �ATES:
A. The employee generation rates found in Table 23-1, Employee
Generation Rates By Type af Commercial Use, shall be applied to each type of
use in a commercial development. For any use nat lis�ed, the Adm6nistrator
shall determine the applicab�e employee generation rate by consulting the
Town's current nexus study.
TABLE 23-1
EMPLOYEE GENERATION RATES BY TYPE OF
COMMERCIAL US�
Type of Use Employee Generation Rates
Retail StorelP�rsonal 2.4 Employees per 1,0�0 feet of
ServicelRepair Sho� new net floor area
Business Off;ce and 3.2 Employees p�r 1,000 feet of
PrQfessivnal 4ffice (excluding new net floar area
Real Estate Office)
Accommodation Unit/Limited Q.7 Employees per net new units
Service Lodg� Unit
Real Estate Office 5.� Empioyees per �,000 feet o�
new net floor area
Eating and Drinking 6.75 Employees per 1,d00 feet of
Establishment new net floor area
Conference Facility 0.8 Employees p�r 1,000 feet of
new net floor area
I�ealth Club �.96 Employees per 1,000 feet of
new ne�floor area
Spa 2.1 Employees per 1,000 feet ot
new net flaor area
B. If an a�pplicant submits competent evidence that the employee
generatioro rates contained in Table 23-1 or the nexus study do not accurately
reflect the number of employees generated by the �rvposed commercial
development or redevelopment and the Administrator firtds that such evid�nce
warrants a deviation from thase employee generation rates, the Administrator
shall a11ow for such a deviation as the Adrrainistrator deems appropriate.
C, Each commercial development Qr redevelopment shall mitigate i#s
impact on employee housing by pro�iding EHUs for twenty percent (20°!0) of the
25
i ! � �
employees generated, pursuant to Table 23-1, or the nexus study, in
accordance with the requirements of this Chapter. For example, far a
development proposing 2,50fl square feet of new net floor area for an eating
and drinking esta�lishmer�t, the equation would be as follows:
�(2,S�Q square feet = 9,0�0 square feet) x (6.75)) = 16.875 new
employees generafed
16.875 new employees generated x 2�% = 3.375 employees fo be
housed
12-23-3: SIZE AND BUILDING REQUIREMENTS:
A. Table 23-2, Size of Employee Housing Units, establishes the
minimum size of EH�Is and the number af emplayees that can be ho�sed in
each. All EHUs shall meet or exceed the minimum size requirements.
�ABLE 23-2
SI�E OF EMPLOY�E HQUSING UNITS
Type of Unit Minimwm [�umber of
Size (GRFA) Employees
Housed
Dormitory 25Q 1
Studio 438 1.25
One-Bedroorn 613 1.75
Two-Bedroom 788 2.25
Three-Bedroom 1225 3.5
B. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. All trash facilities shall be enclosed.
D. Parking shal� be provided as required by this Title.
E. Eac� EHU shall F�ave its own entrance. There shall be no interio�
access frvm any EHU to any dwelling unit to which it may be attached.
F. EHUs shall nat be includec� in the Town's calculations for density
control.
G. Eve�y EHU shall be allowed three hundred (300) square feet of
additional garage area. Any EHU tha# does not have a garage shall include a
26
! �
minirnum of an additional seventy five (75) square feet for storage in additian to
normal cFoset sp�ce.
12-23-4: REDEVELOPMENT:
Employee housing impacts need only be mitigat�d for a redewelopment
that resul�s ir� a greater number of employees generated from an increase in net
flaor area, or an increase in t�e numbe€� of accornmodation units or limited
service lodge units in the redevelopment; provided ho�rvever, that if any existing
EHUs are to be removed, an equal amount of EHUs shall be replaced in
addition to the oth�r requiremenfis of this Chapter.
12-23-5; EXEM1�7lONS:
The fallowing shall be exempt from this Chapter:
1. The redevelopment of existing commercial de�elopment, if no new
net floor area, accommodation units, or limited service lodge units are created;
and
2. The construction af EHUs.
12-23-6: METHODS OF MITIGATION:
A. The m�itigation of empGoyee housing required by this Chapter shall
be accomplished through one of the following methods:
1. On-site units.
a. T�e requisite number of EHUs, or a portian theceof,
may be constructed on-site, pravided that all on-site EHUs are
deed restricted in accarclance with th4s Ghapfer.
b. At the sole discretion of the Plar�ning and
Environmental Commission, an applicant may provide on-site
dorrnitory units, unless the application is far a Special
Development District, in which case, the TowR Council, in its sole
discretion, may acce�t dormiton,r units as a methvd af mitigation.
2. Conveyance af proper�y on-si�e. An applicant may convey
on-site real proper#y to the Town on which no covenants, restrictions or
issues exist that would limit the construction of EHUs, at the sole
discretion a#the Tawn Council.
3. Off-site un�t�.
a. The requisite number of EHUs, ar a portion thereof,
may be provided off-site within the Town, provided that such
EHUs are deed restr�cted in accordance with this Ghapt�r,
b. At the sole discretion af the Planning and
Environmer�tal Commission, an applicant may pravide o�f-site
27
! ! � �
dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sol�
discretion, may accept dormitory units as a method of mitigation.
4. Paymen� of fees-in-lieu. The Planning and Environmental
Commission may approve payment of a fee-in-lieu for each employee to
be haused, or a portion thereof, required by this Chapter.
a. The fee-in-lieu for each emplayee to be housed shall
be established annually by resolutian of the �own Council,
provided that, in calculating that fee, the Town Council shall
inc�ud� th� net cost (total cost less the amount covered 4�y rental
or sale income} af rea� property and all related planning, design,
site develapme�t, legal, construction and canstruction
management costs of the project, in current dollars, which would
be incurred by the Tvwn #o prowide housing �or the employee to
be houseti in that year.
b. An administrative fee, established by resolution of
the Town Cauncil, shall be added to the amaunt set forth in
paragrapfi a hereof.
c. Fees-in-�ieu shall be due and payable prior to the
issuance of a building permit for the deve�opment.
d. The Town shall only use monies collected from fees-
in-lieu ta prQVide new employee housing.
5. Conveyanc� vf property off-site. The Town Council may, at
its sole discretian, accept the conveyance of property off-sit� in lieu af
requiring the provision of EMUs, provided that na �ovenants, restrictions
ar issues exist on such property that would limit the construction of EHUs.
B. Partial fees-in-lieu shall be paid when the calculation to determine
the number of employees generated under this Chapter results in a fractional
number of ernploy�es.
12-23-7: MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed or acquired
in anticipation of future comrr�ercial development or redevelopment, provided
that those EHUs meet all applicable requirements of this Ti#le. However, the
construction ar acquisitiorr of EHUs in anticipation of future develapm�nt is at
the sole risk of the applicant, because the comme�cial developr�ent shall be
s�bject to all regulations pertaining to EHUs which are in effect at the time the
application for cammercial development review is sc�bmitted to the Town, even
if thase reg�alattor�s change after the EHUs are cons�ructed.
B. It sF�all be the applicant"s responsibility to provide documentation
of any exist�ng E9-IU credit upon submissivn of an ap�licatian for developmen#
28
. � �
review. If the applicant cannot adEquately document such credits, the Town
shall not be obligated to provide such credit.
12-23-8: ADMINISTRATION:
A. Each application for development review shall include an
employee housing plan or statement of exemption.
B. An employee housing plan shall include the following:
1. Calculation Method. The caleulation of employee
generation, including credits if applicable, and the mitigation method by
which the applicant propvses �o meet the requirements of this Chapter;
2. Plans. A dimensioned site plan and architectural floor plan
that demanstrates compliance with Section 12-23-3, S�ze and Bui�ding
Requirements;
3. Lot Size. The average lot size ofi the propos�d EHUs a�d
the average lot size of other dwelling units in the commercial
de�elopment or redevelopment, if any;
4. Schedules. A time3ine for the provision of any off-site
EHUs; �
5. Ofif-Site Units. A proposal for the pravision of any o�F-site
EHUs shafl incluc#e a brief statement explaining the basis of the proposal;
6. Off-Site �o�veyar�ce Request. A request for an o#f site
cvnveyance shall include a brief statement ex�laining the basis for the
request;
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief statement expiaining the basis of the proposal; and
8. Written Narrative. A written narrative explaining how the
employee housing plan meets the purposes of this Chapter and complies
with the Town's Comprehensi�e Plan.
C. The Pianning and EnWironmental Cammission shall approve,
approve with modifications or deny an employee housing plan ur�less the plan is
located v�rithin a Special [7evelopment District or includes a �equest ta canwey
praperty, in which case the Town Cauncil shall approve, approve with
modificatians, ar deny the employ�e hausing plan.
D. �f modificatians to a submitted appfication for development review
changes the o�ligatEOns of the applicant under this Chapter, the applicant shall
submit a modifi�d employee housing plan. A rnodification to an employee
housing plan shall be reviewed by the body that reuiewed the initial employee
housir�g plac�.
29
� �
E. An approved employee housing plan shall become part ofi the
appraved application far development review for the affeeted site.
'�2-23-9: OCCUPANCY AND DEED RESTRICTIC)NS:
A. No EHU shall be subdivided or divided into any form of timeshare
unit or fra�ctional fee club unit.
B. EHUs shall not be leased for a period less than thirty (30)
cansecutive days.
G. An EF�U may be sold or transferred as a separate unit on �he site.
D. An EHU shall be continuously rented and shall not remain vacant
for a periad in excess af three (3) consecutive months unless, despite
reasonable and �ocumented efforts to rent, rental e#forts are unsuccessfu�.
E. No later than February 1 of each year, the owner of an EHU shall
submit a swo�n affidavit on a form provided by the Tawn to the Town of Vail
Commu�ity Development De�artment containing the following information:
1. Evidence ta establish that the EMU has been occup€ed
throughout the year by an employee;
2. The rental rate;
3. The emplayer; and
4. Evidence to demonstrate that at leas# one tenant residing in
the EMU is an employee.
12-23-10: TIMING:
All EHUs requ�red by th�s Chapter shall be ready for occupancy priar to
the issuance of a temporary certificate of occupancy for the affected corr�mercial
development or redevelopment.
'12-23-11: VARIANCES:
Variances from the requirements of this Chapter may be granted
pursuar�t to the procedu�es and staradards set farth in Chapter 17 of this Title.
12-23-12; REVIEW:
A. P�rpase. The Town Cv�ncil intends that the applicatian of this
Chapter not result in an unlawful taking af private property without the paymenfi
of just comper�sation, and therefore, the Tawn Council adapts the r�view
procedures set farth in this Section.
B. PEanning and Environmental Commission review. Any applicant
for commercial development wha feels that �he application of this Chapter
would effect an unlawfuti taking may apply to the Planning and Environmental
3a
� �
Commission for an adjustrnent of the requirements imposed by this Chapter. lf
the Planning and Environmental Gommission determines that the applicatian of
this Chapter would result in an unlawful ta�C6ng of private property without just
compensatian, the Planning and Environmental Commission may alter, lessen,
or adjust employee housing requirements as applied to the partict�lar project
under cansideration to ensure that there is no unlawful uncompensated taking.
C. Towr� Council revievv. If the Planning anci Environmental
Cvmmission denies the relief sought by an applicant, the applicant may request
a hearing before the Town Council. Such hearing shall be a quasi-judicial
hearing and conducted accarding to the Town's rules and regulatiorts r�garding
quasi-judicial hearings. At such hearirag, the burden of proof shall be on the
applieant to establish that the fulfillment of the requirements of this Chapter
would effect an unconstitutional taking without just compensatian p�rsuant to
appl�cable law. If the Town Council determines �hat the application of t�is
Chapter would effect an illegal taking without just campensation, th� Town
Council may alter, lessert, or adjust the employee housing requirements as
applied to the particular project under consi�deration to ensure tE�at no illegal
uncampensated taking occurs. The decisian o� the Town Council shall be final,
subject only fo judicial revi�r�r.
Sectio� 3. If any park, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall nat effect the validity vf 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, s�ntences,
clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares #hat this
ardinance is necessary and proper for the health, saf�ty and welfare of the Town of Vail and
the inha�itants thereof.
Section 5. The amendment of any pravision of the Town Code as provi�ed in this
ordinance shall nat affect any right which has aecrued, any duty imposed, any violation that
occurred prior to the effective da#e hefeof, ar�y prosecution cammenced, nor any other acti�n
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any pro�ision hereby shall not reviv� any pr4vision ar any ordinance previously repealed or
supers�ded un�ess expressly stated herein.
Sectoon 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent E�erewith are repealed tn the extent only of such inconsistency. This repealer
sha�l not be constr�red to revise any byfaw, order, resalut�on or ord�nance, or part thereof,
th�retofare repealed.
1NTRO�UCED, READ ON FIRST READING, APPROVED, AI�D ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 13th day of March, 2007 and a public
hearing far second reading of this O�rciinance set for the 3`d day of April, 2007, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
REA� AND APPROV�D ON SECO�ID READ�NG A�ID ORDERED PUBLISHED this
3rd day of April, 2007.
31
� �
ATTACHMENT F— Ordinance No. 8, Series of 2fl07 (Inclusionary Zoning)
�RDINANCE NO. 8
SERIES 2007
AN ORDINANCE AMEN�ING TfTLE 12, ZONING RECULATIONS, VAIL
TOWN CODE, BY THE ADDITION �F NEW DEF�NITIONS TO SECTION 12-2-
2, AIVD THE ADOPTION OF A NEW CHAPTER 24, ENTITLED
INCLUSI�NARY ZONING, AND SETTING FORTH DETAILS IN REGARD
THERETO
11VHEF�EAS, the Tawn of Vail has experienced a decrease in population during the past
ten years due to market cond�tions thaf have given hameowners incentive to sel! their
properties�
WHERE,�S, during that period of time, housing costs in the Town of Vail have
increased at a much higher �ate than incame has increased,
WHEREAS, local residents own onty approx�mately thirty-two percent (32°ro) vf all
homes in the Town of Vail, and only twenty-two percent (22%) of#hose homes that were built
in 2005;
WI�EREAS, it is estimated that forty-seven percent (47%) of househalds in the Town
of Vail earned less than ane hundred percent (100%) of the area median income ($67,200 for
an average two-person family) in 2006;
WMEREAS, there are virtu�lly no homes in the Town's housing marke# that are
potentiaVly affordable to households eaming fess than one hun�red forty percent (140%) of
the area median incor�e ($89,600 for an averag� two-person family);
WHEREAS, there is a scarce supply of de�elopable iand in the �own of Vai1;
1NHER�AS, through the Vai� 202Q S#rategic Planning Process, the community has
identified employee ho�asing as one of the highest priority issues for the Tawn to address;
WHER��4S, there is a substantial, d�rect, and rational connection between the need for
employee housing generated by new residential development and redevelopmen� and the
requirements for the provision of employee housing, as doc�umented in the report entitled,
"Town of �'aiI Nexus/Proportrona�ify Anal�sis for Employee Housing Mifiga�ron Pro,qrams,"
prepared for the Town by RFtC Associates, Inc., dated March 12, 2007, a copy of which �s on
file with the Town Clerk and available fo� publ�c �nspection;
WHEREAS, on March 12, 20Q7, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendatiar� of denial
of the proposed text amendments to the Zoning Regulations to the Vail Town Council in
acccardance with the pracedures and criteria and findings outlined in Chapter 12-3 of the
Zoning Regulations of the Town of Vail;
32
. , � �
WH�RE,AS, new residential de�elopment and redevelopment in the Town will result in
new emplayees being needed for uses in the new buildings and for the mainfenance of the
new buildings;
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate pe�centage of new employee housing is th� r�espor�sibility of new residential
cievelopments and redevelopments which have a nexus to new}ob generatian and an impact
on housing units available ta local employees;
WHEREAS, it is the Town CounciPs goal to provide housing for at least thirty percent
(30°/a) of #he new employees generated from residential and commercial d�velopment in the
Town through the conjunctive �f�orts of this Qrdir�ance and the Town's commercial linkage
ardinance; and
WHEREAS, the Tow� Counc�l finds and determin�s tt�at the public health, safety, anci
welfare wil� be served by advpting regulations which require mitigation af such impacts on
employee housing in the Tawn of Vail.
NOW, THEREFORE, BE �T ORDAINED BY THE Town Council of the TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. SECTIOf� 12-2-2' (7F THE VA1L TOIJUN CQDE IS HEREBY AMENDED
BY THE ADDITION OF THE FOLLOWING DEFINITIONS:
INCLUSI�NARY ZONING: A zoning obligation based on t�e
community's need for emplayee� housing considering many factars and
secondary impacts, including scarcity af developable land; rising home values;
inadequate availability of emplayee housing in the market; and direct e�nployee
generatian impacts.
REMODELING: The alteration or renovation of fhe interiar only of an
existing residential dwelling unit in the Town of Vail, withou� any increase in
G RFA.
RESIDENTiAL DEVELOPMENT: A DEVELOPMENT THAT
INCLUDES AT LEAST ONE DWELLING UNIT, IfVCLUDING SlNGLE-FAMILY
aWELLIN�S, TW�-FAMIL`Y DWELLINGS, MULTIPLE FAMILY DWELLINGS,
FRACTIONAL FEE CLUB UNITS, LODGE DWELLING IJNITS, ATTACHED
ACCOMMODATION UNITS, AND TIMESHARE UNITS.
SECTION 2. TITLE 12 OF THE VAIL TOWN CODE IS HEREBY AMENDED BY THE
ADDITI�N OF THE FOLLOWING NEW CHAPTER 24:
CHAPTER 24; INCLUS[ONARY ZONING
12-24-1: PURPOSE AND APPLIGABIL.ITY:
A. The �urpose of this Chapter is to ensure that new residential
development and r�d��elopmenf in th� Towr� of Vail provide for a reasanable
amount of employee housing to mitigate the impact on em�loyee housing
eaused by such residential developm�nt and redevelopment.
33
� � ' .
B. This Chapter shall apply to all new residential developmenf and
redevelopment located within the follow�ng zone disfiricts, except as provided in
�ection 12-24-5:
1. HiGH DENSITY MULTIPLE FAMILY (HDMF);
2. PUBLIC ACCOMMODATION (PA);
3. PUBLIC ACCOMMODAT�ON 2 (PA2);
4. COIIAMERCIAL CORE 'I (CC1y;
5. COMMERCIAL CORE 2 (CC2);
6. COMMERCfAL CORE 3 (CC3);
7. COMMERCIAL SERVICE CENTER (CSC);
8. ARTERIAL BUSINESS (ABD�;
9. GENERAL USE �GU);
10. HEAVY SERV[CE �HS);
11. LIUNSHEAD M�XED USE 1 �LMU1);
12. LIONSHEAD MIXED USE 2 (LMU2);
13. SKI BASEIRECREATtON (SBR);
14. SKI BASE/RECREATION 2 (SBR2};
15. PARKING DISTRICT (P); AlVD
16. SPECIAL DEVELOPMENT �SDD).
C. The requirements of this Chapter shall be in addition to all other
req�rirements of this Gode.
D� W�en ar�y provision of this Chapter eor�flicts wifih any other
provision of this Code, the provision of this C�apter shall control.
12-24-2: EMPLC3YEE H4USING REQUIREMENTS:
Every residential development and rede�elopment shall be required to
mitigate its direct and secondary impacts on the Tawn by providing employee
housing at a mitigation rate of ten percent (10%) of the total new GRFA. For
example, for a develo�ment proposing 5,500 square f�:et o1F new GRFA, tl�e
ca}culation would be as follows:
5,500 square feet of new GRFA x 10% mitigation rate = 550
square feef af employee housing fo be provided
34
. • � •
12-24-3: BUILDING REQUIREMENTS:
A. �'able 24-1, Size of Employee Housing llnits, establishes the
minimum size req�irements for EHUs under this Chapter. All EHUs shall meet
or exce�d the minimum size requirem€;nts.
TABLE 24-1
SIZE OF �MPLOYEE HOUSING UNITS
Type of Unit Minimum S�ze (GRFA)
Dormitory 250
Studio 438
�ne-E3edroom 613
Twa-Bedraom 788
Three-Bedroom 1225
B. Every EHU shall �contain a kitchen facility or kitchenette and a
bath room.
C. All trash facilities shall be enclosed.
D. Parking shall be provided as required by this T�tle.
E. Each EHU shall have its own entrance. There shall be na interior
access from any EHU to any dwelling unit to which it may be attached.
F. E�IUs shall not be included in the Town's calculations for density
control.
G. Every EHU shall be allowed thr�e hundred {3�0) square feet of
additional garage area. P�ny EHU that daes not haue a garage shall incl�de a
m�nirnum of an additional seventy five (75) square feet for storage in addition to
normal closet space.
12-24-4: REDEVELORMENT:
Employee housing need only be provided far the increase in the GR�A of
a redevelopment; provided however, that if a�y existing 'EHUs are ta be
removed, an equal amount of EHUs shall be replaced in addition to other
requirements of this Chapter.
12-24-5: EXEMPTIONS:
The following shall be exempt frorr7 this Chapter:
1. The remodeling of an existing dwelling unit;
35
s � � �
2. The replacement of a demolished residential development,
provided the replacement structure does not exceed the total GRFA of the
or�ginal structure; and
3. The construction of EHU�,
12-24-6: METHODS OF MITIGATION:
The rr�itiga�ion of emplayee housing req�ired by this Chapte� may be
accampEished through one of the follawing methods:
1. On-s9te units.
a. The reqt�isite number of EHUs, or � por#ion thereof, may be
constructed on-site, provided that all on-site EHUs are deed restricted in
accordance with this Chapter.
b. At the sole discretion of khe Planning and Enviror�mental
Commission, an applicant may �rovide on-site dormitory uni�s, unless the
application is for a Special D�velopment District, in which case, the Town
Counc�l, in its sole discretion, may accept dormitory units as a methad of
mitigation.
2. Conveyance of property on-s�te. An applican# may convey on-site
real property to the Town of Vail on which �o covenanfs, restrictions or issues
exist that would limit t�e construction of EHUs, at the sole discretion 4f the
Town Co�ncil.
3. Off-site �nits.
a. The requisite number of EHUs, or a portion thereof, may be
provided off-site within the Towr�, provided that such EHUs are deed
restricted in accordance with this Chapter.
b. At the sole discretion of th� Planning and �r�vironraier�ta�
Cornmission, an ap�licant may pcavide off-site dormitory units, unless
the applicativn is for a Special Development District, in which case, the
Town Council, in its sole discretion, may accept dormitory u�its as a
m�thad of mitigatian.
4. Paymtent of fees-ir+-lieu. The Planning and Environmental
Commission may approve payment vf a fee-in-lieu for each squar� fo�t of
employee hvusing required by this Chapter.
a. The fee-ir�-lieu for each square foot shall be established
annually by resolutian of the Town Council, provided that in calculating
that �ee, the Town Council shall include the net cost (total cost less the
amount covered by rental or sale income) of real property and all related
p#ann�ng, design, site development, legal, construction and construction
management cos#s of the praject, in current dollars, which would be
incurred by the Town to provide the square feet in that year.
3fi
. • � �
b. An administratEVe fee, established by resolution af the
Town Council, shall b� added to the amount set forth in paragraph a
hereof.
c. Fees-in-lieu shafl ae due and payable prior to the issuance
of a building permit for the development.
d. The Town shall only use monies collected from the fees-in-
lieu to provide new employee housing.
5. Conveyance Qf property off-site. The Town Couneil may, at its
sole discretion, accept a conveyance of �-eal property off-site in lieu of requiring
constrtaction of EMUs, provided that no covenants, restrictions or issues exist on
the property that u,rould limit the construction of EHUs.
'12-24-7 MITIGATION BANK:
A. The Town will provide credit for any EHUs cons�ructed or acqui�ed
in anticipation of f�ture residential developmen# or redevelopment, provid�d that
those EHUs orieet all applicable requirements of this Chapter. �iowever, the
construction or acquisition of EHUs in anticipation of future development is at
the risk af the appficant, because the residential development shall be s�bject
to all regulations per�aining to EHUs which are in effect at the time the
application for deveiopment review is submit#ed to the Town, even if those
regulations change after the EHUs are constructed.
B. It shall be the applicant"s responsi�ility to �rovide documentation
of any existing EHU credits upon submission of an application for development
review. If the applicant cannot adequately document such credits, the Tawn
shal! �ot be obligated to pravide such cred`ts.
12-24-8: ADMINISTRATIO�V:
A. Each a�plication for development rev�ew shall iraclude an
em�loyee housing plan or staternent of exemption.
B. An emplayee housing plan shall include the following:
1. Calculation Method. The calculation of the inclusionary
zoning requirement, inc�uding credits if app�icable, and the mitigation
methad by which the applicant prapases to mee� the requirements of this
Chapter;
2. Plans. A dimensioned site plan anci arch�tectu�al ffoor plan
that �emonstrafes campleance with Sectian �2-24-3, Building
Requirements;
3. Lat Size. The average lot size of the proposed EHUs and
the a�erage lot size of other dwelling units in the cammercial
development or redevelopment, if any;
37
� � ' .
4. Schedules. A timeline for th� provision of any off-site
EHUs;
5. Off-Site Uni�s. A proposal for the provisian of any off-site
EHI�s shall include a brief statement explaining the basis of the prvposal;
6. �ff-Site Conueyance Request. A request for an off-site
conveyance shall include a brief statement explaining the basis for the
req�est; and
r. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief s�atement explaining th� basis of the propasal.
8. Writte� Narrative. A wri�ten narrative explaining how t�ae
emptoyee housing plan meets the purposes of this Chapter and complies
with the �own's Comprehensive Plan.
C. The Planning and Environmental Commission s�all ap�rove,
appro�e with modifications, ar dany an emplvyee hausing plan �unless the �lan
is located within a Special Development District or includes a request to canvey
property, anc� then the Town Cour�cil shall approve, app�ove with modifications,
or deny the employee housing plan.
D. I� rnodifications to a submitted applicatian for development review
changes the obligations of the applieant under this Chapter, the applicant shall
submit a modified employee housing plan. A modification to an emplayee
hausing plan shal9 be reviewed by the body that reviewed the init�al employee
hausing �lan.
E. An approved Employee Housing Plan shall become part of the
approved application for developrnent review for the affected site.
12-24-9: OCCl7PANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of timeshare
unit or fractional fee club unit.
B. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHI� shall be continuausly rent�d and shalb no� remain �acant
for a period in excess of three (3) consecutive months unless, despite
reasonable and doct�mented efforts to rent, rental efforts are unsuccessful.
E. No later than Feb�uary 1 of each year, the owner of each EHU
shal� submit a sworn affidavit on a form provided by the Town witt� the '�ollowing
information:
1. Evide�ce to establish that the EHU has been rented or
owner occupied throughout the year;
38
. � •
2. The rental rate;
3. The employer; and
4. Evidencs to demanstrate that at least one tenant residing in
the EHU is an employee at a business located in Eagie County.
12-24-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a temporary certificate of occupancy for the affected residential
development.
12-24-11: VARIANCES:
Variances from tY�e requirements of this Chapter may be granted
pursuar�t to the procedures and standards set forth �n Chapter 17 of this Title.
12-24-12: REVIEW:
A. Purpose. The �own Co�uncil intends that the application o� this
Chapter no# res�lt in an unlawful tak�ng of prFVate property without the payment
of just campensation, and therefore, the Tvwn Council advpts the review
procedures set fiorth in t�is Section.
B. Planning and En�rironmental Commission review. Any applicant
for reside�tial development who feels that the application of this �Chapter wauld
effect an unlawfu1 taking may apply ta the Planning and Environmental
Comrnission for an adjustment af the requirements imposed by this Chapter. If
the Planning and En�ironmental Commission determines that the application of
fhis Chapter would result in an unlawful taking of private property without just
comper�sat�on, the Planning and Environmenta� Gommission may aEter, lessen,
or adj�ast employee hausing requirements �s applied to the pa�ticular pra�ect
under consideration to ensure that there is no unlawfu) uncompensated taking.
C. Town Cauncil review. If the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may request
a hearing before the Town Council. Sueh hearing shall be a quasi-judicial
hearing and conducted according to the Tawn's rules and regulations regarding
quasi-judicial hearings. At such hearing, the burden of proof shall be on the
appl�cant to establish that the ��Ifillment of the requirements af this Ghapter
would efFect an un�onstitutional taking withaut just compensatian pursuant to
applicable law. If the Town Council determines that the application of #his
Chapter �rvoufd effect an ill�gal taking without just compensation, the Town
Council may alter, [essen, or adjust the employee housing requirements as
applied to the particular project under consideration ta ensure that no illegal
uncompensated taking occurs. The decision of the Town Council shall be final,
subject only to judicial review.
Section 3. If any part, section, subsectia�, sent�nce, clause or phrase of this
ordinance is for any reason held to be irrvalid, such decisian shall not effect the validi�y of the
39
s � � �
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, sect�on, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared iravalEd.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and weffare of the Town of Vail and
the inhabitants thereof.
Section 5. The amendment of any provision of th� Town Gode as provided in this
ordinac�ce sF�all not affect any right which �ias accrued, any duty �mposed, �ny violation that
occurred prior to th� effect�ve date hereaf, any prosecution cammenced, nor any other actio�
or proceeding as commenced under or by �irtue o� the provision amended. The arnendment
of any provision hereby shall not revive any provision or any ordinance previausly repealed or
superseded unless expressly stated here�n.
Section 6. All bylaws, orders, resolutions and ardinances, or parts thereof,
inconsistent herewith are repealed fio the extent only of such inconsistency. This repealer
shall not be construed ta revise any bylaw, order, resolution or o�dinance, or part thereof,
theretofore repealed.
I�ITRODUCED, READ ON FIRST READING, APPROVED, AND �RDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 13t� day of March, 2�07 and a public
hearing for second reading of this Ordinance set for the 3�d day of April, 2007, in the Council
Chambers of t�he Vail Municipal Building, Vail, Colorado.
READ AND APPROVEI� ON SECOND READIIVG AND ORDERED PUBLISHED this
3�d day of April, 2QA7.
40
� A► i
ATTACHMENT G - Resolution 10, Series of 2007 (Payment of Fees-I�-Lieu)
RES�LUTIOIV Nd. 1�
Series of 2Q0�7
A F�ESOLUTION ESTABLISHING THE 2007 PAYft/dENT OF FEES-IN-LIEU FOR EACH EMPLOYEE
TO BE HOl9SED, AS REQUIRED BY CHAPTER12-23, COMMERCIAL LlNKAGE, AND FOR EACH
SQUARE FOOT, AS REQU1RED BY CHAPTER 12-24, INCLUSIONARY Z�NING, VAIL T01N'N
CODE; AND SE�TING Ft�RTH DETAILS IN REGARD THERETO.
WHEREAS, on P,pril 3, 2007, the Vail Tow� Council will consider the adoption of Ordinance
Nos. 7 & 8, S�ries of 2007, with the intent of establishing Commercial Linkage and Inclusionary
Zoning requirements in the Town of Vail; and
WHEREAS, pursuant to Sections 12-23-5 and 12-24-6, Methods of Mi�igation, payment of
fees-in-lieu is one of five (5) methods by which the mitigation of employee housing required may be
accomplished; and
WFiEREAS, in accordance with Sections 12-23-5 ar�d 12-24-6, the fees-in-lieu for each
employee to be housed and for each square foot of employee housing required s�all be established
annually by resolution of the Vail Town Council; and
WHEF�EAS, the Vail Town Council has determined that the proposed fee-in-lieu amounts
a�ccurately reflect the affordability gap between a two person haus�ehold earnir�g 124% of the Area
Median Income (AMI) and the 2006 Median Cost per Unit; and
VIlHEREAS, the Vail Town Cauncil finds that this Resolution f€�rthers the development
obj�ctives of the Town and is in the best interest of the Town as it promotes the coordina#ed and
harmonious development of the �'own in a rnanner that conserves and enhances the availabifity af
employee housing within the Tawn of Vail.
NOW, THEREFORE, BE IT RES�LVED BY THE TOWN COUNCIL. OF THE TOWN OF
VAI�, CQLORADO:
1. Establishment of Fees�in-Lieu
a. The fees-in-lieu for each employee to be housed or for each square faot
of emplayee housing provided in accordance with Chapters 12-23, Commercial
Linkage, and 12-24, Inclusionary Zoning, shall be established annually by
resolution of the Town Council, provided that, in cafculating that fee, the Town
Cauncil shall include the net cvst (tatal cost less the amaunt covered by renfal
or sa�e income) of real pro�aerty and all related planning, design, site
development, legal, construction and construction management costs of the
project, in currer�t dollars, wh�ch would be incurred by the Town to provide
housing for the employee to be haused or for each square foot of employee
housing provided in that year;
b. An administrative f�e of $3,OOO/per empioyee or $3.65 per square foot
shall be added to the amo�nt set farth in paragraph a hereof.
c. Fees-in-lieu shall be due and payable prior to the issuance of a building
permit for the dev�lopment.
41
� � , .
d. The Town shall ortiy use rr�onies callecked fr4m fees-in-toeu to provide
new ernployee housing.
The calculation forrnula for fee-in-lieu has been attached for reference (Exhibit A).
2. 2007 Pavment of Fees-in-Lieu Amaunts
a. �ee-in-lieu per employee (commercial linkage) _ $131,385
b. Fee-in-fieu per squ�re foot (inclusionary zoning) = $236.65
3. Effecti�e Date of the Resolution
This resolution shall become effective upon the adoption of Ordinance �los. 7 8� 8,
Series of 2007, more commonly referred to as the ardinances estabEishing Commercial
Linkage and Inclusionary Zoning in the Town of Vail.
INTE�ODUCED} READ� APPROVE� AND ADOPTED thlS 3�d dSy Of Apl'll� 2007.
42
_ _ __.
i •
ATTACHMENT H - Notice
�
�r,�
1Y1W,��ftN YA�L .
THIS ITEM MAY AF��CT Yt1UR PR�PERTY
PUBI�IC NCITIC�:
NQTICE IS HEREBY GIUEN that tfie Planning and Environmental Commission of the
Town of Vail will hold a publie he�ring in accordance wilh section 12-3-6, Vail Town
Ccsde, on November 26, 2007, at 1:4�1 pm in the Town of `Jail Municipal Buildirtg, irt
consideration of:
A r�quest for a final �eview of a c�ditional use perm'rt, pur$uant #0 5ection 12-7H-4, _t�Ji.�
Permitted and Conditivnal Us�s, Secvnd �loor and Above, Vaif Town Code, to allflw for�J'��"� �,�1
a business affir.� (real estate offce} �ocated at 716 Lionshead Circ�e {Vail I�ar�iott ��,1`� �"
Mauntain Resort and Spa)lt.ot 1, 1N�st Day Subclivision, and setting forth detai�a in w�'
regard thereta. tPEC07-0066)
App�icant, I�iamond Ronk Hos�ita9ity Company, represented �y Robert Fass
Planner: fVicol� Pet�r�c�n
The applsca#ians and infortr�ation about th� propasals are availa�ila for p€�6fic inspection
duri�g office hours at the Town of Vai! Community� Develnprr�ent D�partmen#, 75 South
Frantage Road. The publ�c is invited to attend praject orientation and the ��te visiEs that
precede tM�e pubtic hearing in the �awn of Vail Community Deveiapment Department.
�lease ca11 970-479-2138 for addikiortai irtiformation.
�ign language interpret�tian is a�ailabl� �pon request, with 24-haur natif�catian. Please
call 97D-479-2356,Telepho�e for the Hearing Impaired,far information.
F'ublished Nov�mber 8.20Q7> ir�the Vail E�a�ily.
43
�
� ,������ � �
�
VA I L M C)U N TA I IV �.�J,�i hE��, .,��„r���,��5t����Y T��r, -����;�,�
RESORT & SPA Re�i��ient Ski f�esarts"A�or�r��iWifrrrcr ' �'���"�
����
�arriott.
As the General Manager of the Marriot Vail Resort, I provide this letter as written
approva! of the project proposed by The Ritz Carlton CCub — Vail. 1 understand
the project to include the remodel of rooms 605 and 607 into a sing�e marketing
gallery and business affice. l further understand that the aforementioned rooms
will be rest d to their ariginal use as the project needs ar� satisfied.
f�,ddition I understand tY�at modificatians to the plans may occur to ensur�
co with ti�e town's applicable codes and regulations.
e P�ase
General Manager
The Marriott Vail Resorts
715 West Li�i�sllead Circle • Wail,Colcar��dt�8165�• (97O�476-4�444 • Fax (970�47h-���47• wrvw�.v�ilmarriott.com
i +�
,t
�.
Ti u� IZiri-1::�i;3:r���: t'.i.�°iy
Mr. Warren Campbell, Plan�er
Department of Community Developmen#
75 So�th Frontage Road
Vail, Colorado 81 fi57
Dsar Sir,
I. SummaN:
The appiicant, F�itz Garfton Uevelopment Company (RCDC), repres�ented by Mr. Robert Foss, is
req�aesting a Conditional Use PeRnit pursuant to Section 12, 1lail Town Code, to allaw for the
placement of a lobby desk and the remodeling of a 2 room hospitality suite at the Vail Marriott
Mountain Resort and Spa, located �# 715 �ionshead Circle, Lionshead, CO. and setting forth detaf�s
in regard thereto.
Agents: Mr. Robert Foss, Clement Fass Architects is serving as agent to RCDC. Mr. Dave Pease,
GM of the Vail Marriott Mountain Resort and Spa is serving as Agent for the hotel owners,
DiamondRock Hospitality Company. DiarnondRock purchased the hotel from Vail Resorts in 200�.
Based upon this memorandum and the evidence and testimony �resented, we request th�t the
Community Developmen# Department recommend approval for Conditional Use.
k'I. Descrintion of the Reauest
The applicanf, Ritz Carlton Development Company (RCDC�, is requestir�g a conditional use permit
pursuant to Section 12, Vail Town Code, to ailow for t�e plaoement af a lobby desk and for th�
remodeling of the 2 room hvspitality suite (605/647) into a business office at the Vail Marriott
Mountain Resort and Spa (see aitached site plan).
The lob�y desk wiil tempoearily occupy the southwest corr��er of the existing library (see attac�ed
lob�y plan) and consists of the existing bookcase, a desk with 1 staff chair and 2 guest chairs. The
desk will function as a greetir�g space for interested persons. Those desiring more information r►vill be
escorteci to the 6xh floor business office.
The business office will temporarily occupy the existing 2 room hospi�ality suite (605f6fl7) on the 6'n
floor of the west wing (see attache� 6�floor plan}. The office will functian as a marketing and sales
gaNery for the Rrtz Carlton project, under constructian next door ta th�e hotel. It will include a scale
mod�l, videc� presen#ations, information exhibits, sample materiaks and office area. (see attached
Gallery plan).
The Ritr Carlton Develo�mertt Company
6649 WeStvvooc! Boule��rd, Suite 5t30, Orlando, Florida 32821�D90 • (4(}"�)20�6-$000
� �
�
�
T�<<a fZiTZ-(::1RlT�)R t.'�_�.�«
III. Background:
This temporary use is in suppart of the previously approved Ritz Carl#on Club and Residences Vail,
currently under construction at#he old West Day Lat in Lianshead. The Club portion includes 45 units
(2, 3 and 4 bedroom$) ofi a 1/12th interest �3 wee�k) fractional, marketed and sold by the Ritz Carltor�
Develop�nent Campany.
The Ftesidences include 71 whole ownership units, sold by Sli�er, Smith and Frampton. The Club and
Residences share some common elements including the main �obby and most amenities. Both
entities are to be managed by the Ritz Carltan Hotel Company.
The Ri#z Ca�lton construction has recently started and accupancy is scheduled for July 2010.
VI. Relafronship / Impact on town abiectives:
Chapter 12--1-2: Purpose: A:
This �roject pr�motes the gengral purposes of#he Town in suppor# of the previously approved Ritz
Carlton project, helping to ensure its economic viability, increasing the number of t�ve beds in a
healthy, safe and moral way. The business is co�ducted in a harmonious and coordinated manner by
a reputable company. This conditional use permit will enhance and conserve the �atural environme�nt
by bringing the affected hotel space info current compliance, as we4i as enhancing tf�e resort
character of#he community.
Chapter 12-1-2: Purpose: B:
This proposal achieves the specific purposes �of the Town as foilows;
1. Because the conditional �rse accurs withir� an existing buiCding it shauld not affect the light, air,
sanitatian, drainage or pubHc facilities �f the Town.
2. Because the condi�ional use occurs within an existing buifding it shoul�d not affec#the ability to
secure the safety from fire, panic, flood, avalanche, accumulation of snow or dangerous conditions of
the Town. Spec�fcally, we will make aode nequired improvements to the fire protectian anak separation
systems of the affected spaoes.
The Ritz Carlton D�velopment Cornpany
66491Nestwood 8oulevard, Suite 500, Orlanclo, Floncta 32821-6fl90 + (4(}7)20f�Od0
• �
��
�
Ttir: ftiri-c::�a;�.-r��r: C;i_�.f�
3. The business use wiil promote safe ar�d effcient pedestrian and vehicular traf#ic circulation. We do
not believe it will add to the congestion in the streets. Specifically, by marketing to ex�sting hotel
gwests an� visitors we do not expect to increase traffic. Our sta�ng consists of 1 employee locate� in
the 6th floor space and 1 �mpEoyee a#the desk. 1 other employ�e is on rotation (only 2 employees in
the t�otel at any one time) d�rring the next ski season. 7he hotel parking is not at capacity d'uring the
ski seasan because of#he ��rge quan#i#y of group taurs. During the summer, when ho�el parking is at
capacity, there is plenty af excess capacity with free parlc�ng at the Lionshead public paE#cing lot.
Additionally, the new parking structure is scheduled to be comp�eted early, which should further
enhance parking.
4. Please see the above comments as#hey relate to off-s#Feet parking. T�e proposed offioe use will
require minimal loading impaets. Our main inter�t is to only generate marketing leads in the 07108
season. lNe could start sakes cantracts in the OB/Q9 season, but also intend and need to have other
city-appr�ove�d Vail ViUage gaflery space by then.
5. The proposed marketing and sales activities conserve and maintain the established community
qualfties and economic vafues. Specifically, the lobby desk will be use as a greeting space on�y, with
interested parties being escorted up ta the 6th f�oor gallery. The fith floor is currently a hospitalit�r suite
floc�r, already used for receptions and events, nat usually for vacation hotel g�rests. Regarding
economic value, the marketing and eventual sa�es wil� be working toward generating over 540 club
memberships and a potential 1080 or more vacation visits �er year. Each membership includes 1 ar 2
ski season visits and 1 summer visit (or vice versa), plus opportunitar for additional shoulder season
use. if Cvnditional Use is approved, marketing starts this ski season, with Ritz Carlton occupancy in
summer season of 2U10. We will return the hospitality suite to its original use befinreen summer and
ski seasor� 2010.
6. As the 6#"flaor is already business oriented, we believe #hat the Conditional Use is ir� keeping with
a harmvnious, convenient, workable re�ationship and consistent with both #he Town and hotel
objectives.
7. Because we are working within an existing structure, we will not be contributing to excessive
poputativn densities or o�ercrow�ding of the land. The hospitaliiy suite eurrentFy vnly includes 2 double
beds and a living area. Our intended use maintains the living area, with the bed area �sed as galiery
space. For apr�s ski events we intend to have maybe 3—4 hotef guest couples visit at most. This
would be consistent with hospitalfiy e�ents that already occur.
8. The proposed Condition Use makes no ck�anges to the appearance of the town. Any terrace
informational exhibits wil� occur '�elow#he current balcony visFbiEity line. We intend to add thematrc
decorative portable 'screens' to divide the existing hospitalily event terrace fram the gallery terrace.
The 'screer�s° will be perpendicular to town view lines (see 6�'#Ioor plan).
The Ritr Carlton Development Company
6�649 WestwoocE Bouie�ard, Suite 540, Ortando, Flarida 32821-6090 • (4a7�246-6000
• �
.�
� �
�
T�«: It�ri-t;��i:i�r�,�: (;�_�.�r�
9. The proposed Condition Use makes no changes to the natural feat�res of the town.
10. The proposed Condition Use makes na chan�es to the open space or amenit�es of the town.
11. We believe the proposed Condi�ion Use is consistent with the approved Ritz Carlton pro}ect,
orderly growth and a viable Lionshead.
Chapter 12-7H: Purpose:
This praposal achieves the specific purpos�s of the Lionshead Mixed Use districi in �ts support of the
approved Ritz Garlton Club and Residences Vail project.
Section 4.13 Live Beds I Section 5.13 The Marriott
There are 276 short term accommodation rovms, not inciudir�g the haspftafifiy suites at the hotel. AI� of
the short term rooms are being retained. There are a total of 344 accommodation rooms at the hotel.
Approval of the Conditional Use will enhance the Town and si�gnificantly increase the avaifability of
I'rve beds through the redevelopment of the� adjacent site (see 5.13.1) and the marketing vf the 45 Ritz
Carlton Glub units. The potential for new live beds being marketed is 540 +rveeks. The Conditional Use
does temporarily take one hospitality suite (see existing fi05/607 p{an) out of us�. The hospitafity suite
over�ooks the c;onstruction site and is not prime space for guests (see site plar�).
The �ime frame for the Condifr4n�l Use is between Jan. 20Q7 and August 201U. The time frame
includes a fi week c�onversion tFme at#he beginning and end of the Conditianal Use. Hisfiorically, the
hotel is at maximum capacifiy less than 30 days per year. Because the beginnir�g #he conversion is
scheduled for Jan. 07, occupancy in 4 roams on the 5th floor directly be�ow may alsa be temporarily
affected. A summer seasan conversian back to the hospitality suite begi�ning in June 2�10 is not
expected to af�ect occupancy.
Zoning
The Condi#ional Use supports the policy objective 2.3.3 through the promotion of increas�ed �ive beds.
Surrounding land uses are not affected by this temporary Conditional Use.
Ther� are no Major E�cterior A�erations. The Conditional Use does not madify the existing buiidirag
exterior in any way. informational exhibits are below the existing balcony line. Po�table sereening
elemen#s are temporary ar�d not attached to the building.
The Rifz Carlton Development�ompany
6649 Westwood Boule�ard, Suite 5Q0, Orlando, Florida 32821-6090 + (407� 206-6004
• i
��
-,
�1 I(: f�ITL-(::�1:1:9 c�\ �:Ll'I�
Parking
The hasprtali#y su�te requires 1.4 pa�lcing spaces (�erify}. The Conditional Use requires 2.5 spaces.
There are anly 2 staff anticipated at this locat�on. The hotel is allocatir�g 2 spaces during the
temporary displacement of the hote� parking to the Holy Cross site. Upon ear�y completion of the Ritz
Carltcan garage, � spaoes could be allocated (see ais�o response Chapter 12-1-2-B - 3 above).
Sinc�:rely,
1���:
Rvbert C. Foss, Consultant to RCDC
Clement Fass ArcMitec#s
2709 Sauth MacDil! Avenue
Tampa, Florida 33629
813 831 3223
The Ritz Cariton Devefopment Gompany
6649 Westwood 8oulevard, Suite 500, Orlando, Florida 32821-6090 • (407�206-�000
� � • •
� q
� ►
� F�
�� � 1
� �� �- d
� � � - n ��n�.c��.°3
a�a+5+ i, .� "3�b9 w �
`?` � � ��� � 7 •5.
• � � 7
` �: o ��
�.�.;, �� �'� � �_
;n 7
�j�A� B � L J .�..! p
s
r �
AC� � \
�� F �.
: ��Y ���' ' � I{V J /�� '�
J t � }
'� ' � � ��
��.��"� � � ��s3aav ` i �`�► �(`, � ,� , �•` � ��
� " �^ 133� gsS'o `'�� ( ,�!; / .� , � " � �1�� i
\
�'�t+llh$ L Z '� `v / � /
F,
,� . . , .
��. a � � �' J Z �b.' � � � ' ,/ �' �ff L.. � � $t
��i "` y �� � � ��.1 �[� � ,/` M1� � ,,_;..." ����a' 1l � ��� Ar [4
�3 ` e? �� � � � � . ��- . \ �.I� .� ��� R�
�1.,
�� �rt `� ��4 � ; �,,. � ;; ��=--� � �� �� �� �
�, � �� � � .�..� , t ,�.r- ,,: � ���� �� ��
�" o �/ i �� —aoe� Ei�
IDu
�� � � � ��� r,,. . � s3r��� �` ` ° � �f�� �� ii
`� ,,� .� ,w � / 1.3;7.� �� �9i'r � �
� .� � s ,�f}US ZIL'9L � ��
,' ,°� 7 / 1, � �� �. � /_ 1� --
A��, � . - �� � � u� �-������ �` ��4! � �� �
�� , -- _
l F^ �
�t .... . ^ �� ` �
�j "° �n,so- t�; r� °�.._ �-.. _� ,� . ` � ,,�,1 � IFS `y�
, 1 � � y9 � �
�
�'� � � �.I.._-- �- -- ... .._ .__.,.. f � .' 1`��5�1�11�1��..... �i i� � �r �
�j i � y�������` u . G� WE � ! � ! � �
� �__ �
� � 4
��� �,,.�- � ��t1�1�'��
• � � � � �; If
� 1� r q �x.���f��Yip'"� _, —�� ��������.- � I a a + �� � • o
� �� �tY � �1��� �
.. �� � �' � � � .�-... �-.__ .�.,_m�"�..-.-.r-�.-- � ���� .��� :.
�Y � � � <'1 S�a�Y� 14�n ������ �
'`�.�''�. - I� �,.�� i��j 32�V�1�'� L��5.f'�C ��. +� � � �
•'r° r��:}+ —�<' ��fi ��� �/ � � ''��11���\� . e�w�ti
'�` d � � � '� � � 1.��� �
.�1 �h �' +{ ,�` ,
o !� *�s/ ;L19--....�— � � ���1���
Ry ' y�;�lt `-� � �.� ,�� �itia ��'
, ;
�� �_ ..�- ��--`���� �. � .
� � !� � � �•' j � �'--� ����,1" �
� -�, � ,, �l��
�g� ! � • '�--�'c����y�! ��`���� �.,�'�,�
� � � ,�;� �.
� c�,4ti- � � --,_�. ����+1��"� '� �
� tk �
q� '� 'd't���, �� ��....�+ �J` � �� ",�\,�e� y, �
� �'y . � 1 � rt ^� ,. ,r � )��i1�� �,�� y
� + � � � � / r • � �������q,,ktt'`
� ,� � _ 's. �, i ��1 , � t �
"u.r ne_,__ _ �y, ,ro
�
� `�t
_ ; � , ,
; — '���:'=- r -- �. , } ���1��1;i1;�;�1,i�;'�,
� � ) ^4�� �4 �11���1���1 ' 'W.�
�-- � �� - � ���ti� ��tl� '� s��� 'L.
� t� �'� 4 qyY�g
� `. �1�.,. F F M,1�14,1�,�YEI',��1�� �i {—�
��i„ s t �E:k� �,h 3
�� l. y ��� �.�,.� , �, �
� '�1�;� .� �s� �� �;�"a '�._ ��i
L � �'" , �a,, � �� e� �,�r,,ti
� }
y �..- ,� �. a �
�� , 1" . --�� � � d r �
�,
i�i � N 4O � i` � a ��� �� �� �
� 4( � 1
�!! !�"�t. �� 1�-'� �p�.� ��[����1
s� �� u �i � � �'"�� —° -
�3 �,��«..a 1 a"w. 1� `�s> `�
2 `'' a. 1
{6� ' ��Ii
�
� � � �.�°.. � r-�'�. �� ��.
1�
�1�(\��y. w�,�l� F--'°r'"" �� ��s:\�
Y� �!M � � � W:p� h ��`~
�
t
1
. �
! a�
���o�
HALk
ELEV rirv t
LOBBY
ST4N B
STAIP A
E05 {I_!07 609 !11 61] yyA15 y6�,p7p 61p
M��IA�ITY SUITC�N, l�N. TILI Y HO�Y 51111E M. SLNtEVLONH. SUIEITY
TE IE
��
�
II
L=,.�
I�
� �i��-a
jl �
�I
i�
I�
I�
L-------- -----
�-----
I1�
� ��pcb�t�
� _ _ _ � . _ �y, _ _ __,.
� Q
! -- - __
� O � _ _ _
�, ` - - `
� 'K.�,T :__ : A�,r
� ° . 'F�M
�d��f�-
: �
_ . �z-�-
--= r.e�ip
-� �.
s ;:
I �ii' [y y_ _ _
�
��lf�<
. ! __ � :
�_ ._.
� _ _ — ,
�� _.
� �
_
( ( - ��r,wetS__:
!
� � �a�Gl��z`fi __ _ _
�
��_ _
� _ ._.__. ___ . .
i
- _ ,°
6 0 5 , -�, -
___ �
� � - _, _ _ .
, � ___ : _
; - __ -
� HOSPITALITY ���.� . �� -
S U I TE cz�3���
< < �_'_ —_ -
► � � �����
' _ __� v�� _
i � .
� � j
; rststs�. � �
O � _
� s - — � �
; -
� � � —
; .,
I ,,�. -
,. ;
� _ ;
� i
■
/ � , ' ;
November 7th, 20n7'
Nicole Peterson
Planner
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Conditianal Use Permit Applicakion for Ritz Ca�lton C��b Gallery @ Vail Marr�ott—SuppRementary
Information
Nicole,
P9ease find attached the site plan with th� location of the two hospitaliky suites indica#ed.
Qur proposed conversion of two hospitality suites into a business office at the Vail Marriott will req�rire a
change in occupancy from R-1 to B. (Please note that the building is eq�ipped with an automatic
sprinkler system).
This occupancy change will require the following:
1. The floor and ceiling separations of� hour construction ta be verified and maintained.
2. The wall construction at the adjacent stair should be 2 hour and will be verified and maintained.
3. The wall construction between Unit 607 and Unit 609 will need to be 1 hour construction. The
existing construction wifl be uerified and the documents will indicate that the partition wall will
consist of 5/8 Type X Gypsum Wall Board an either side of the 3 5l8 metal stud wall and that all
penetrations have been properly sealed or an equal assembly which will achieve a 1 hour rating.
4. The Constructic�n Documents will be clearly noted so that the Building Official and General
Contractor are both aware as to what areas compliance will need to be met.
Ad'ditaonally, there ar� twv minor changes to the information we submitted last week. There are two
places in the letter f�om tfne owner that mention early completion of the garage which need to be revised
as follows:
3�d page, top paragraph —Additronally, fhe new Ritz Carlton parking structure, when
completed, will fi�rther enhance area parking.
5xh page, last paragraph — Upon completion of the R'itz Carlfon qarking garage, 3 spaces
could be allocated (see also response Chapfer 12-1-2-8-3 aboveJ
Regards,
Shana Widmer
� 6 �
F� ��a.��a.2�6q
, , . ,
Page 1 of 1
i �
Nicole Peterson - Re: Public Hearing
C'i�".:�iS-t"�k���=-N.�ow;;�4nwr.,� ...' - v,�a„,,: . ..�,s.�*�., ...u.'E'h^a .,. .�t<:i...e� �:-sb�=vE .... „e..,� _,,....,.,..�..r.�...,, �:� . .� . . � .s..aa
_..> =`$ . �... .3.. .
From:
To:
Date: 11/21/2007 2:52 PM
Subject: Re: Public Hearing
Nicole,
As I read thru the report there were 2 mirao�'clarifications that I thought you should be aware of I do not
believe they make any substantia] change,��n page 8, Review criteria 1: This office is anly for the 45
�lub units.�Page S, Revieuv Criteria 3: � rage opens the same time as the resort(not
early). We will clase the Vail Marriott affice at that time and move into the Ritz Carlton.
Again, Happy Thanksgiving.
Rob
_ _
_ _
Email and AIM finally tog�ther, Yau've gotta check out free AOL Mail!
file:/IC:1Documents and 5ettingslAdministratorlLocal SettingslTemplXPgrpwise1474446... 11/26/2007
f
l
��1�f� PJ....� 1
Developrnent Review Team & Construction Update
Community Development Large Conference Room
Wednesday at 9:OOam
October 31, 20fl7
AG ENDA
9:00 Development Review Team
Purpose: Provide caardination and input across Departments on proposed development proposals
Staff Item /Topic Descript�on Time
�D 1. Building Department Updates 15 minutes
WC 2. Planning Department Updates 10 minutes
VVC 3. Cade Enfarcement Update 5 minutes
CD 4. S�laris �Comments 20 minutes
SH 5. Treetaps Loading Dock 5 minu#es
BG 6. Selby Residence - P1N & Fire Discussion 10 minutes
RLF 7. Irwin Parking Spaces- PW Discussion 10 minutes
��Z a ►� ��r�lb�
NP 8. Office- PW, Fire & Building Discussion 14 minut�s
�, J�.('�, �.c� -�p ��� ti� "��G U s �- o��- ._ ��,�,,�,:��-�'
� �
10:30 Constructior� Update
Purpose: Provide staff coordination on public and private c�nstruction projects
1. Update from Lionshead - LS 10 minutes
2. Update fram Village SB 10 minutes
3. Other RQWlUtility Issues 10 minutes
Other� 5 minutes
DRBIPEC Updates 5 minute
� �
List of Adjacent Property Owners
This list was derived from a conversation with Warren Campbell conversation v►rith 5tewar�Title
and verified by phone contact witf� each property management.
Vail Spa
Andy Ford
c!o East West Resorts
710 W Lionshead Circle
Vail, CO 81657
Mor�taneros
Kieth C7dza
c/a Montaneros
641 W �ionshead C�rcl�
Vail, CO 81657
Antl�rs
Rob LeUine
c/o Antlers Lodge
680 W Lionshead Place
Vail, CO 81657
Lion's Squar� LQdge North
Bill Anderson
c/o Lion's Square Lodge
660 W Lionshead Place
Vail, CO �1657
Enzian
Geoff Wright
c/o Destination Resorts
610 W Lionshead Gircle
Vaii, CO 81 fi57
Gore Creek Place
Wayne Ruting
1735 19t�' Street, Penthouse 7B
Denver, CO 80202
Ritz-Garlton Club Residences - Vail
Todd Goulding
clo Vail Resorts Development Compa�y
PO Box 959
Avon, CO 81620
The Town of Vail
Vl/arren Campbell
� �
��
ati
TOWN OF YAIL
THIS ITEM MAY AFFECfi YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Envirc�nmental Commissi�n of the
Town of Vail will hold a �ublic hearing in accordance with section 12-3-6, Vail Town
Code, on November 26, 2007, at 1:04 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a conditional use permit, pursuant to Section 12-7H-4, ��
Permitted ar�d Conditional Uses, Second Floor and Above, Vail Town Cod�, to allow for�
a business office (real estate office) Pocated at 715 Lionshead Circle (Vail Marriott ���4`01
Mo�ntain Resort and Spa�/Lot 1, West Day Subdivisio�, and setting f�orth details in V'
regard thereta. (PECQ7-0066)
Applicant: Qiamand Rock Hospitality Company, represented by Robert Foss
Planner: Nicole Peterson
The applicatians and 9nformation about the proposals are available for public inspection
during office hours at the Town ofi Vail Comm�nity DeveCopment Department, 75 South
Frontage Road. The public is invited to atte�d proj�ct orientation and the site visits that
precede the pubfic hearing in the Town of Vail Community Development Department.
Please caff 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-haur notification. Please
call 970-4�9-2356, Telephone far the Hearing Impaired, for informatian.
Published Navember 9, 2007, in the Vail Daily.
Page 1
� �
*���*�*�s*�**�************************************�***�*a��****�w******************************
TdWN OF VAIL, COLC�RADO Statement
#�**+��*****************************************v���*****************************************
Statement Nt�mber: R070002368 Amount: $650.00 �0/30/200708:40 AM �
Payment Method: Check Init: �S
Notation: 2235/CLEME�FT
F055 ARCHITECTS
------------------------------°__--------------------------------------------
Permit No: PEC070066 Type: PEC - Conr�itional Use
Parcel No: 2101-072-1700-1
Site Address: 720 �rT LIONSHEAD CR VAIL
Location: MARRIOTT, 6TH FLOOR, WEST WING
Total Fees: $654.00
This Payment: $650.00 Total ALL Pmts: $650.00
Balance: $fl.Ofl
****���******************************************�******************************************
ACCOUNT ITEPvI LIST:
Account Code Description Current Pmts
-------------------- ------------------------------ ------------
PV 001�0003ll250� PEC APFLICA`PION FEES £5Q.00
-----------------------------------------------------------------------------