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HomeMy WebLinkAbout1990-07-17 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JULY 17, 1990 7:30 p.m. AGENDA 1. Ten Year Employment Award to Linda Barca 2. CITIZEN PARTICIPATION 3. Consent Agenda A. Ordinance No. 20, Series of 1990, second reading, an ordinance amending Ordinance No. 10, Series of 1990, Special Development District No. 4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forth details in regard thereto. (Applicant: 75% of Glen Lyon subdivision property owners) B. Ordinance No. 23, Series of 1990, second reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as a conditional use "Television Stations" in the Commercial Core II zone district (Applicant: Vail/Beaver Creek Television Network) C. Ordinance No. 25, Series of 1990, second reading, an ordinance amending SDD No..23, Vail National Bank, Part of Lot D, Block 2, Vail Village 2nd Filing, 108 South Frontage Road West (Applicant: Vail National Bank Building Corp.) 4. Ordinance No. Z1, Series of 1990, second reading, an ordinance designating an underlying zone district of high density multi-family to Special Development District No. 7, commonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. (714 West Lionshead Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation, Mark Lodge Condominiums, and Mark Resort & Tennis Club) 5. Ordinance No. 22, Series of 1990, first reading, an ordinance amending SDD No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. (714 West Lionshead Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation - Kaiser Morcus and Marriott Corporation) 6. Ordinance No. 19, Series of 1990, first reading, an ordinance modifying Section 18.13.080(A) of the Municipal Code of the TOV regarding density control for the primary/secondary zone district (Applicant: Town of Vail) 7. Ordinance No. 24, Series of 1990, first reading, an ordinance making supplemental appropriations from the Town of Vail general fund, capital projects fund, Communities for Drug-Free Eagle Valley fund, special parking assessment fund, Vail marketing fund and the real estate transfer tax fund, of the 1990 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein. 8. Ordinance No. 28, Series of 1990, first reading, an ordinance amending the plan document of the Town of Vail employees' pension plan; and setting forth details in regard thereto. 9. Ordinance No. 29, Series of 1990, first reading, an ordinance amending the Town's Police and Fire pension plan document subject to approval by sixty-five percent (65%) of the Town's Police and Firemen; and setting forth details in regard thereto. 10. Ordinance No. 30, Series of 1990, first reading, an ordinance amending the trust agreement pursuant to the Town of Vail employees' pension plan; and setting forth details in regard thereto. 11. An appeal of a Planning and Environmental Commission decision regarding the PEC's denial of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village 1st Filing (141 East Meadow Drive - Crossroads Condominiums) (Applicant: Sid Schultz for H. William Smith) 12. Adjournment VAIL TOWN COUNCIL REGULAR MEETING TUESDAY, JULY 17, 1990 7:30 p.m. EXPANDED AGENDA 7:30 1. Ten Year Employment Award to Linda Barca 7:35 2. CITIZEN PARTICIPATION 7:45 3. Consent Agenda Kristan Pritz A. Ordinance No. 20, Series of 1990, second reading, an Shelly Mello ordinance amending Ordinance No. 10, Series of 1990, Special Development District No. 4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forth details in regard thereto. (Applicant: 75°6 of Glen Lyon subdivision property owners) Action Reauested of Council: Approve/deny Ordinance No. 20, Series of 1990, on second reading. Background Rationale: The applicant is requesting a major amendment to SDD No. 4, Cascade Village. The amendment concerns the Glen Lyon subdivision duplex lots' method of calculating allowable GRFA. On June 11, 1990, the PEC recommended approval of the request 4 to 1. Diana Donovan voted against the amendment as she did not believe it was appropriate to allow the additional GRFA on the duplex lots. Staff Recommendation: Approve Ordinance No. 20, Series of 1990, on second reading. Mike Mollica B. Ordinance No. 23, Series of 1990, second reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as a conditional use "Television Stations" in the Commercial Core II zone district (Applicant: Vail/Beaver Creek Television Network) Action Requested of Council: Approve/deny Ordinance No. 23, Series of 1990, on second reading. Background Rationale: The PEC, at their June 25, 1990 public hearing, recommended denial (by a vote of 4-2) of the request. Staff Recommendation: Staff recommends denial. Mike Mollica C. Ordinance No. 25, Series of 1990, second reading, an ordinance amending SDD No. 23, Vail National Bank, Part of Lot D, Block 2, Vail Village 2nd Filing, 108 South Frontage Road West (Applicant: Vail National Bank Building Corp.) Action Requested of Council: Approve/deny Ordinance No. 25, Series of 1990, on second reading. Background Rationale: The PEC reviewed this request at their June 25, 1990 public hearing and has unanimously recommended approval (the vote was 6-0). Staff Recommendation: Approve Ordinance No. 25, Series of 1990, on second reading. i I 8:00 4. Ordinance No. 21, Series of 1990, second reading, an Kristan Pritz ordinance designating an underlying zone district of high density multi-family to Special Development District No. 7, commonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. (714 West Lionshead Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation, Mark Lodge Condominiums, and Mark Resort & Tennis Club) j I Action Requested of Council: Approve/deny Ordinance No. 21, Series of 1990, on second reading, the application of an underlying zone district of high density multj-family.to Special Development District No. 7, Marriott'S Mark Resort. Background Rationale: The PEC requested that the applicant, Kaiser Morcus, clarify the underlying zoning for SDD No. 7. The HDMF zoning is also requested in order to'allow for the construction of 56 timeshare units. The PEC reviewed this request on June 11th and voted 5-0-•1 to to recommend approval to the Vail Town Council with the deletion of the staff condition that the requested amendments~to SDD No. 7 also be approved. Chuck Crist abstained from'the vote. Staff Recommendation: Approve Ordinance No. X21, Series of 1990, on second reading. 9:00 5. Ordinance No. 22, Series of 1990, first readiing, an Kristan Pritz ordinance amending SDD No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. (714 West Llionshead Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation - Kaiser Morcus and Marriott Corporation) I Action Requested of Council: Approve/deny Ordinance No. 22, Series of 1990, on first reading, the amended SDD No. 7. Background Rationale: The applicant is requesting to amend SDD No. 7 to construct 56 timeshare units and 10 employee housing units. This expansion will be located primarily on the existing parking structure. The parkingstructure will also be expanded. Additional landscaping and pedestrian improvements are also proposed. On June 11,'I1990, the PEC voted 4 to 1, with Chuck Crist abstaining, to recommend approval of the amendment with conditions. (Please see enclosed cover memo.) Connie Knight voted against the motion as she believed the additional density and GRFA were inappropriate. j Staff Recommendation: Approve Ordinance No.;22, Series of 1990, on first reading. 10:00 6. Ordinance No. 19, Series of 1990, first reading, an Andy Knudtsen ordinance modifying Section 18.13.080(A) of the Municipal Code of the TOV regarding density control for the primary/ secondary zone district (Applicant: Town of!Vail) Action Requested of Council: Approve/deny Ordinance No. 19, Series of 1990, on first reading. i Background Rationale: This is a request to ;repeal and reenace Section 18.13.080(A) as shown in the'; enclosed memo. Planning staff presented this proposal to the PEC on July 9, 1990. The PEC unanimously recommended approval by a vote of 7-0. Staff Recommendation: Approve Ordinance No. 19, Series of 1990, on first reading. 10:10 7. Ordinance No. 24, Series of 1990, first readiing, a Steve Barwick supplemental appropriation ordinance I _2_ Action Requested of Council: Approve/deny Ordinance No. 24, Series of 1990, on first reading. Background Rationale: Most of the funds included in this supplemental appropriation are related to the parking structure construction project and purchase of the Berry Creek 5th Filing parcel. Staff Recommendation: Approve Ordinance No. 24, Series of 1990, on first reading. 10:20 8. Ordinance No. 28, Series of 1990, first reading, an Charlie Wick ordinance approving a fifth amendment to TOV employees' Larry Eskwith pension plan Action Requested of Council: Approve/deny Ordinance No. 28, Series of 1990, on first reading. Background Rationale: The amendments are: - Technical updates to pension plans are needed. - Age 50 segregation policy is being included. Staff Recommendation: Approve Ordinance No. 28, Series of 1990, on first reading. 10:25 9. Ordinance No. 29, Series of 1990, first reading, an Charlie Wick ordinance approving a sixth amendment to TOV Police and Fire Larry Eskwith employees' pension plan Action Requested of Council: Approve/deny Ordinance No. 29, Series of 1990, on first reading. Background Rationale: The amendments are: - Technical updates to pension plans are needed. - Age 50 segregation policy is being included. Staff Recommendation: Approve Ordinance No. 29, Series of 1990, on first reading. 10:30 10. Ordinance No. 30, Series of 1990, first reading, an Charlie Wick ordinance approving a first amendment to the trust agreement Larry Eskwith Action Requested of Council: Approve/deny Ordinance No. 30, Series of 1990, on first reading. Background Rationale: The amendment is: - Allowance for UMRD to have a voting member on the Board of Trustees for the TOV employees' pension plan. Staff Recommendation: Approve Ordinance No. 30, Series of 1990, on first reading. 10:35 11. An appeal of a Planning and Environmental Commission Mike Mollica decision regarding the PEC's denial of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village 1st Filing (141 East Meadow Drive - Crossroads Condominiums) (Applicant: Sid Schultz for H. William Smith) Action Requested of Council: Uphold/overturn the decision of the PEC. Background Rationale: The PEC, at their June 25, 1990 public hearing, unanimously denied the requested height variance. (The vote was 6-0.) Staff Recommendation: Please see the enclosed staff memorandum. 10:55 12. Adjournment -3- ORDINANCE N0.20 Series of 1990 y AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 1990, SPECIAL DEVELOPMENT DISTRICT NO. 4, SECTION 18.46.100 C, DENSITY FLOOR AREA, AREA C GLEN LYON DUPLEX LOTS TO PROVIDE FOR GROSS RESIDENTIAL FLOOR AREA TO BE CALCULATED PER THE REQUIREMENT OF THE PRIMARY/SECONDARY ZONE DISTRICT SECTION 18.13.080 DENSITY CONTROL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, the Town Council approved Ordinance No. 10, Series of 1990 Special Development District No. 4 Cascade Village; and WHEREAS, a majority of the property owners within Area C, Glen Lyon Subdivision of Special Development District No. 4 have requested to amend Section 18.46.100C of Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission has recommended that the Gross Residential Floor Area for Duplex lots within the Glen Lyon subdivision be calculated per Section 18.13.080 of the Vail Municipal Code; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Ordinance No. 10, Series of 1990 to provide for this change in Special Development District No. 4, Cascade Village, Area C Glen Lyon Duplex Subdivision. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. All the procedures required for a Major amendment to an SDD as set forth in Section 18.40.100 have been complied with. Section 2. Section 18.46.100 Paragraph C, Density Floor Area, Area C, Glen Lyon duplex lots is hereby amended by the deletion of the following sentence: "No residential lot shall contain more than 4200 sq. ft. of GRFA per the Glen Lyon subdivision covenants." Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. 1 i i i I Section 4. I The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shallnot affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed for repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. ~ 3rd INTRODUCED, READ AND PASSED ON FIRST READING THIS day of July , 1990, and a public hearing shall be held on this ordinance on the 3rd day of July , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building; Vail, Colorado. Ordered published in full this 3rd day of July I , 1990. i Kent R. Rose, Mayor! ATTEST: Pamela A. Brandmeyer, Town Clerk ~ INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. I i I Kent R. Rose, Mayor ATTEST: j i I Pamela A. Brandmeyer, Town Clerk 2 i, I ORDINANCE NO. 23 Series of 1990 AN ORDINANCE AMENDING SECTION 18.26.040 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL TO INCLUDE AS A CONDITIONAL USE "TELEVISION STATIONS" IN THE COMMERCIAL CORE II ZONE DISTRICT AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Vail/Beaver Creek Television Network has submitted an application to amend Section 18.26.040 of the Municipal Code of the Town of Vail; and WHEREAS, television stations would be consistent with the intent of the Commercial Core II zone district; and WHEREAS, under a conditional use permit process, a television station would receive a detailed review to ensure the uses compatibility with surrounding uses; and WHEREAS, the Planning and Environmental Commission by a vote of 4-2, has recommended denial of this amendment to the Town Council; and WHEREAS, such amendment must be approved by the Town Council of the Town of Vail; and WHEREAS, the Vail Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Section 18.26.040. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1 Section 18.26.040, Conditional Uses - Generally, of the Municipal Code of the Town of Vail is hereby amended by the addition of Subparagraph I to read as follows: "I - Television Stations - as long as the production room/studio is visible from the street or pedestrian mall and that the Television Station be "cable-cast" only, requiring no additional antennas or satellite dishes." Section 2 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. I Section 3. - ~ The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 4. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed nor repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. j Section 5. ~ All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS ~ day of 1990, and a public hearing shall be held on this ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of , 1990. i Kent R. Rose, Mayor ATTEST: I Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of ! , 1990. Kent R. Rose, Mayor ATTEST: I Pamela A. Brandmeyer, Town Clerk ~ I I 2 i I I ORDINANCE NO. 25 Series of 1990 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 23, THE VAIL NATIONAL BANK BUILDING, AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS,.an application has been made to amend Special Development District No. 23, commonly referred to as The Vail National Bank Building; and WHEREAS, in accordance with section 18.66.140 the Planning and Environmental Commission held a public hearing on the proposed amendments and has submitted a recommendation to approve said amendments to the Town Council; and WHEREAS, the Town Council finds that the Vail National Banks request to provide limited (6 spaces) off-site parking in the adjacent Vail Valley Medical Centers parking structure is a unique and practical solution, which is consistent with the public interest; and wn~REAB, this solution is a direct result of the comprehensive master planning process for the following, adjacent properties: -Vail National Bank Building property -Vail Valley Medical Center property -Doubletree Hotel property Through a joint effort to master plan access, parking, and other site development, a consolidated parking structure and vehicular access off of South Frontage Road has been created, thereby reducing vehicular traffic on West Meadow Drive. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all other requirements of the Municipal Code of the Town relating to zoning amendments have been fully satisfied. Section 2. The Town Council finds that the procedures set forth for amendments to Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 3. Section 4 of Ordinance No. 9, Series of 1989 is hereby amended with the addition of subparagraph 3 to read as follows: i The development plan is comprised of those plans submitted by Sidney Schultz-Architect AIA, and consists of the following documents: 3. Architectural Plans designated as Sheets Al and A2, dated December 26, 1989. ~ I Section 4. ' Section 5, Paragraph E. of Ordinance No. 9, Series of 1989 is hereby amended to read as follows: E. Parking Parkin demands of this development shall bel'met in g accordance with the off-street parking requirements for specified uses as stated in Section 18.52 of 'the Vail Municipal Code. Six parking spaces required~by this development shall be provided in the adjacent Vail Valley Medical Center parking structure. i Section 5. Section 6 of Ordinance No. 9, Series of 1989 is hereby ;amended by the addition of subparagraphs 5-6 to read as follows: 5. The Vail National Bank Building shall not occupy the expanded premises as shown on architectural plans A-1 and A-2 unless Vail Valley Medical Center has received a Temporary Certificate of Occupancy for the ,parking i structure. 6. The Vail National Bank Building agrees that if for some unforseen reason the Vail Valley Medical Center's parking structure is not completed, 'the newly constructed deck enclosure shall only be allowed to be used for common storage. Section 6. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. i Section 7. The Town Council hereby finds, determines and declares 'that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. 2 I r Section 8. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS day of 1990, and a public hearing shall be held on this Ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk 3 r";~ j• TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 1990 RE: A request to apply the underlying zone district of High Density Multi-Family to Special Development District No. 7 (Marriott Mark Resort) 714 West Lionshead Circle, Lots 4, 7, C, D, Block 1, Vail-Lionshead 3rd Filing. Applicant: MK Corporation, Mark Lodge Condominiums, and the Mark Resort and Tennis Club. I. DESCRIPTION OF THE REQUEST At the April 23, 1990 Planning and Environmental work session on proposed amendments to SDD No. 7, the PEC .recommended that an underlying zone district be clearly identified for this Special Development District. The Planning and Environmental Commission made this request of the applicant in order to clarify the underlying zone district. An underlying zone district is defined in Section 18.40.020, Definitions D as: "Underlying Zone District" shall mean the zone district existing on the property, or imposed on the property at the time that the Special Development District is approved. As stated in previous memos, there is some question as to what the underlying zoning was when this Special Development District was approved in 1977. (Please see Section II for background on underlying zone district staff research.) A second reason for applying HDMF zoning to the entire Special Development District is to allow for the timeshare use. The HDMF zone district is the only zone district within the Town of Vail that allows timeshare as a conditional use. In Section 18.40.070 Uses of the Special Development District it states: Determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental commission and Town Council as a part of the formal review of the proposed development plan. Unless further restricted by the review of the proposed Special Development District, permitted, conditional , and accessory uses shall be limited to those permitted, conditional and accessory uses in a properties underlvina zone district... 1 In summary, the purpose of applying HDMF zoning to the property is to clarify the underlying zone district for the entire SDD, allow for the timeshare use specifically for the 56 unit timeshare expansion, and to also provide a guide for any future proposals that may be submitted to the Town. II. ~ACKGROU~ID RESEARCH ON xYi~ UNDERLYING ~ONF STRICT FOR SDD NO. 7 ' The staff has pieced together a sequence of events relating to the Marriott Mark Resort property. We must emphasize that this information was taken from the Community Devel..r.~ent Department file and is not conclusive. Below is a summary of this research. 1973 The Mark Resort constructed 74 hotel rooms and 14 condominium apartments. This original development (east building) is referenced as having HDMF zoning in an Environmental Impact Report prepared by John Ryan dated January, 1977 (pg 36). A building permit dated May 31, 1973 also references HDMF zoning. 1977 Ordinance 3 of 1977 rezones Lots 4 and 7 and a . portion of Lots 5 and 6, Block 2 Vail Lionshead 3rd Filing from Public Accommodation and HDMF to Special Development District to allow the development of the site "in a more innovative manner". However, in reviewing planner staff zone checks in the file, Lot 4 is referenced as having HDMF, Lot 5 - HDMF, and Lot 7 -Public Accommodation zoning. Lots 4 and 5 relate to the western portion of the Mark property while Lot 7 appears to be the original lot for the very first building on the eastern portion of the site. 1977 A resubdivision of Lot 4, 5, 6, 7 and 8, Block 1, Lionshead 3rd Filing was approved by the Planning and Environmental Commission. Please note that the block references are different for the SDD Ordinance and for the resubdivision 1978 A building permit was released for the Mark Resort and Tennis club which has been referred to as Phase I (second building to the west). 1981 Ordinance No. 25 of 1981 approved a specific development plan for Phase II which allowed for the construction of the convention center, parking structure, two additional tennis courts and allowed 8 fireplaces in 8 dwelling units. 2 i 1981 The building permit for the devel.,r~.ent approved Ordinance No. 25, commonly called Phase II was released. 1985 The request for timesharing for Phase II was denied by the Planning Staff. This request proceeded to Planning Commission and the applicant tabled indefinitely. From this research, it appears that the Special Development District actually had two underlying zone districts. The eastern Lot 7 had been Public Accommodation Zoning. However, this conflicts with John Ryan's reference to Lot 7 as being zoned HDMF in his EIR. Lots 4 and 5 which are to the west of Lot 7 appear to have been zoned HDMF. Staff also contacted John Ryan, who prepared the original EIR in 1977, Jim Lamont who was on the Planning Staff when the Marriott Mark was reviewed in 1977, Danny Corcoran, surveyor of Eagle Valley Engineering and Tom Briner, architect for the Marriott Resort and Tennis Club in order to find out any additional zoning information. In discussing the issue with Jim Lamont, he stated that everything before 1974 had zoning. He also agreed that the site probably had either Public Accommodation or HDMF zoning originally or a combination thereof. The other persons contacted where unable to provide the staff with any definitive underlying zoning information. Suffice it to say, that the property appears to have been zoned HDMF. In the zoning analysis section of the memo, staff has compared the proposed SDD to HDMF and Public Accommodation zoning. The major difference is that Public Accommodation zoning allows for a GRFA maximum of 180,164 sq. ft. while HDMF allows for 135,123 sq. ft. In respect to parking, HDMF states that 75$ of the parking must be in a building or screened while PA zoning states that 75$ of the required parking shall be located within the main building and hidden from public view. In all other respects, the two zone districts have basically the same requirements. III. BONING COMPARISON The Special Development District has been compared to HDMF and Public Accommodation zoning in Chart 2. Because the request is for underlying HDMF zoning, the staff comments will relate specifically to this zone district.' (Please note all calculations include the l0 employee housing units) . 3 The existing Special Development District and the proposed SDD both exceed the HDMF maximum allowance of 25 units per acre. The existing SDD has 34.2 units and the proposed SDD would have 47 units per acre. In respect to GRFA, HDMF allows 135,123 sq. ft. The existing SDD is slightly under this amount while the proposed SDD exceeds the HDMF GRFA limit by 70,077 sq. ft. The HDMF zone district allows 128 dwelling unite for the site. The existing SDD has 177 dwelling units and the proposed SDD would have 243 dwelling units. The height maximum for HDMF is 48 .feet. The existing SDD has a height of approximately 85 feet while the new SDD expansion area will pot exceed 48 feet. In respect to site coverage and landscaping, both the existing SDD and the proposed SDD exceed the minimum requirements of HDMF. The site coverage maximum is 55$ for HDMF. The proposed SDD has 45$ site coverage. The landscaping minimum fs 30$ of the site. With the existing SDD 63$ of the site fs landscaped and with the proposed SDD 55$ remains as landscaping. In respect to setbacks, 20 feet is required on all sides of the property. The built SDD encroaches into the setbacks in some areas. The new proposal on the west side of the property does not encroach into the 20 foot setback except on the western property line where the existing parking structure (setback of 5'j is extended to the south. All parking requirements are met per the Town of Vail parking code with the allowance of 5 valet parking spaces. Each timeshare unit has 2 spaces and each employee unit has 1.5 spaces. IV. EVALUATION OF UNDERLYING HDMF ZONE DISTRICT FOR SPECIAL pEVELOPMENT DISTRICT NO. 7 A. suitability of the mFoDOSed zoning. The existing zoning is Special Development District for this site. A specific underlying zone district is not identified in the SDD ordinance. For the purpose of clarity, it is appropriate to apply underlying HDMF zoning to the entire SDD. The intent fs to not tamper in any way with the existing development on the site but to ,provide an underlying zone district that can be used as a guide for the review of any future proposals. 4 In addition, it is appropriate to apply HDMF due to the request for timesharing for the proposed expansion by the applicant. Timesharing would not be approved for any other portion of the SDD unless the applicant requested to amend the SDD in the future. B. ~s the amend~gnt presentina a convenient. workable relationship within land uses co~stent with municipal Qbiect~ves. Staff prepared a chart titled "Development Analysis" in order to compare the proposed SDD with surrounding - properties. As indicated by this chart, there are a number of properties developed beyond what is proposed on the Marriott site such as the Antlers, Landmark, Vantage Point, Montaneros, Lionsquare Lodge and the Doubletree Hotel. Staff believes that the proposal is in concert with many of the policies outlined in the Land Use Plan. The site is identified as being in the Resort Accommodation mod. Rervice CateaorY defined below: This area includes activities aimed at accommodating the overnight and short term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from I- 70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. (Please see Special Development District Memo concerning this project and its relation to the Land Use Plan and surrounding neighborhood). In the Land Use Plan analysis, a development scenario was selected based on market demands and the desires of the citizenry. The Plan states (page 30): The public input had shown a general satisfaction with the location of existing land uses, which was used as the foundation for the preferred development alternative... The most important goals culled from the public meetings were used to formulate the Trends Alternative. These key goals are as follows: 5 A. ~~~..,ercial Uses . 2) C~~.~~~~~.ercial growth should be concentrated primarily in existing commercial areas to accommodate both local and visitor needs. 3) New hotels should continue to be located primarily in the Village and Lionshead areas. C. village/Lionshead Core Areas 1) Increased density for commercial, residential and lodging uses in the Core areas would be acceptable so long as the existing character of each area is being preserved. This proposal supports the Land Use. Plan "key goals" in that the expansion occurs in an already developed area of Lionshead, the uses proposed support the desire for timeshare, and the design of the proposal is respectful of surrounding properties and the character of the West Lionshead Circle area. C. goes the rezor}ina provide for the growth of an orderly,, y~able community? The staff believes that the Special Development District expansion does provide for the orderly development of the community. We believe that the project enhances many of the community's goals outlined in the Land Use Plan a The time share use is also specifically called out in the Land Use Plan. The suitability of this property for infill development is discussed in detail in the SDD memo in respect to traffic, density, design etc. which all relate to "orderly development." ZV. STAFF RECOMMENDATION The staff recommends approval of the application of the High Density Multi Family zone district as an underlying zone district to the Special Development District No. 7. We believe it meets all of the three criteria for a zoning review. the Fec...~....er~dation for approval is conditional upon the SDD amendment being approved. 6 REVISED 6/19/90 (2nd revision) DEVELOPMENT ANALYSIS WEST LIONSHEAD AREA AND SELECTED SITES April 18, 1990 PARCEL SIZE UNITS UNITS PER GRFA GRFA BUILDING SITE ACRES SQ. FT. ZONING PERMITTED EXISTING ACRE PERMITTED EXISTING* RATIO** HEIGHT MARRIOTT MARK 5.17 225205 SDD 177.0 177 34.2 134000 134000 0.60 85 Vail Spa 3.20 139392 HDMF 80.0 55 17.2 83635 83672 0.60 61 Antlers 1.19 51836 CCII 29.8 72 60.5 41469 54486 1.05 72 Landmark 1.49 64904 CCII 37.3 58 38.9 51924 81618 1.26 75-92 Vantage Point 0.91 39640 CCII 22.8 65 71.4 31712 54816 1.38 78 Montaneros 1.02 44431 CCII 25.5 41 40.2 35545 44297 1.00 N/A Enzian (includes 1.21 52708 CCII 30.3 38 31.4 42166 45305 0.86 82 lodge and condos) Lionsquare Lodge 1.79 77972 CCII 44.8 99 55.3 62378 94000 1.21 N/A West Day Lot 2.64 114998 PARKING 0 0.0 0 0 N/A N/A V.A. Shops 3.20 139392 ABD 0 0.0 0 0 N/A N/A Doubletree 2.62 114127 SDD/HDMF 65.5 134 51.1 68476 116153 orig. 1.02 88 107027 rev. .94 Vail Village Inn 3.45 150282 SDD/PA 86.3 130 37.7 120225 12452.7 0.83 62 PROPOSED MARRIOTT 5.17 225200 SDD 243.0 177 47.0 N/A 205200 0.91 48 EXPANSION NOTES: Information gathered from TOV project files, building plans, condo plats and development statistics. *Existing development for SDD's reflect total development at time of buildout. Unit counts reflect accomodation unit conversion at 2:1. Permitted development for WI and Doubletree was calculated using underlying zoning. *These figures do not include any commercial square footage. **GRFA ratio is Existing GRFA/Site Area CHART 2 COMPARING HDMF TO EXISTING SDD, SDD ORD. AND PROPOSED SDD 6/11/90 SITE AREA 5.17 ACRES OR 225,205 SQ. FT. HDMF PA BUILT SDD TOTAL PROPOSED SDD TOTAL UNITS/ACRE * 25 ~ 25 ~ 34.2 ~ 47 GRFA * 135123 ~ 180164 ~ 134000 ~ 205200 UNITS * 128 DU•S ~ 128 DU•S ~ 177 DU•S ~ 243 DU•S SITE COVERAGE 123863 OR•55$•) 1238630R 55~~) 83997 OR~37~~I 100770 OR~45~~ HEIGHT 48• SLOPING ( 48• SLOPING I 85 FT.I 48• FOR PROPOSED BUILDING 45• FLAT 45• FLAT LANDSCAPING 67562 SQ. FT.I 67562 SQ. FT.I 141879 SQ. FTI 123863 SQ. FT. OR 30$ OR 30$ OR 63$ OR 55$ SETBACKS 20 FT. 20 FT. PER DEV. PLAN 20 FT MAINTAINED IN ALL AREAS EXCEPT WEST SIDE OF PARKING ' STRUCTURE 5 FT. PARKING 75$ OR SCREENEDI 75$ IN BUILDINGI P~~2D3VSPACIESI ENCLOSED SED PARKING *ALL CALCULATIONS INCLUDE EMPLOYEE HOUSING. ORDINANCE NO. 21 Series of 1990 AN ORDINANCE DESIGNATING AN UNDERLYING ZONE DISTRICT OF HIGH DENSITY MULTI-FAMILY TO SPECIAL DEVELOPMENT DISTRICT NO. 7, COMMONLY REFERRED TO AS THE MARRIOTT MARK RESORT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the existing Special Development District No. 7, Marriott Mark located on Lots 4, 7, C, D, Block 1, Vail-Lionshead 3rd Filing do not indicate a specific underlying zone district for the purposes of establishing uses and activities for the Special Development District; and WHEREAS, the application has been made by the MK Corporation, Mark Lodge Condominiums, and Mark Resort and Tennis Club to apply the underlying zone district to Special Development District No. 7; and WHEREAS, the Planning and Environmental Commission has expressed their desire to clarify the underlying zone district for Special Development District No. 7; and WHEREAS, the application of the High Density Multi-family zone district as underlying zoning to the Special Development District No. 7 will allow the applicant to request the timeshare use; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission on June 11, 1990, held a public hearing on the proposed zoning amendment and has submitted its recommendation of approval to the Town Council; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been satisfied, and all of the requirements of the Municipal Code of the Town of Vail relating to zoning amendments have been fully satisfied. Section 2. The Town Council hereby designates an underlying High Density i~ Multi-Family zone district for Special Development District No. 7 (Marriott Mark Resort) located on Lots 4, 7, C, D, Block 1, Vail- Lionshead 3rd Filing. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. 1 I Section 4. ~ The Town Council hereby finds, determines and declares 'that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 5. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed~or repealed and reenacted. The repeal of any provision hereby shall i not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. i Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent, only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. ' INTRODUCED, READ AND PASSED ON FIRST READING THIS 19th' day of June , 1990, and a public hearing shall be held'on this ordinance on the 19th day of June , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building,~Vai1, Colorado. I~ Ordered published in full this 19th day of June , 1990. I Kent R. Rose, Mayor ATTEST: ' i Pamela A. Brandmeyer, Town Clerk f~ INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1990. i i Kent R. Rose, Mayor ATTEST: ' Pamela A. Brandmeyer, Town Clerk 'i i 2 _ _ ....ems?TLTi C~:':?L_~:~~1_~' RL'';G'{~iS i:~i?0~.,..~`'~~1~•'`_ ~ Vail To~;n Co~.~ncil FROa~i John F. Sweeney Vice President,~~elopment V _ ~ULJECT Marriott Mark Resort C'I'E July 5, 1990 FILE:WP50JOW23E.2~gEM As a follow-up to our recent hearing I wanted to provide additional information to the Council concerning the timesharing industry in general and Marriott timesharing specifically. Our proceeding on June 19 covered many issues and a relatively new concept for most of the Council members. Accordingly, the amount of ~i:ime we had did not afford an opportunity for me to fully explain or document the programs and facts that we feel makes our timesharing operations both unique and superlative. I would therefore like to provide some salient facts about our organization and industry to more fully inform you about things we feel makes ~'-~e Mark Marriott ti~asharing project a good fit for Vail. ~;>_y is Marriott in the timesharing business? This is generally the first question we are asked in municipal presentations. The answer is quite simple. Timesharing under the leadership of Marriott and other major companies such as Hilton, ITT-Sheraton, Disney and Radisson has shed most of its previous poor image. It has emerged to consumers and developers in recent years as a respectable business opportunity especially for hotel and resort operators. It has many positive advantages that have captured the attention of large development organizations, as well as hoteliers: _ o It is a logical extension of the hospitality business. o The skills and services needed to provide customer satisfaction are patently similar to hotels. o Timesharing sells seasons and periods through the entire year bolstering periods of low occupancy. o The timesharing customer closely matches the resort hotel guest profile..upscale, and vacation minded. o The timeshare experience is repetitive yet cyclic... it creates brand loyalty. o The exchange and rental functions bring tourists to the resort area that might not come otherwise. . ~ i ~ ~i _ _ .C' _iv i o ~'he iridus try has reached world-wide proportions o, ith 2600 resorts throughout the world in over 40',countries. ~1't~ere ar_-e presently over 1, 600 timesharing resorts in the United States alone. ' o There are presently over 2.5 million American families that own timesharing interests. This represents a significant portion of the upscale consumer market, and stands as testimony to the acceptance of the product. i o The industry has emerged from uncertainty and largely overcome the marketing abuses that tainted early years. o The industry is now controlled with meariin~gful State and Federal legislation. Forty seven States in the U.S. have specific timeshare statutes. o With numerous successful SEC offerings and wide-spread :+-eceivables financing through major financial institutions, -the industry has been accepted by the investment community as a viable financial vehicle. o Press in recent years has acknowledged by the tenor of recent articles that timesharing is a second home alternative for the 1990's and beyond. o The extensive advertising used in promoting, the timesharing product creates impact that, benefits the market area at all economic levels. o It presents a business opportunity for revenue and profits at acceptable risk levels All of the above reasons bear on the Marriott decision to enter the timesharing field. They are further re-enforced by Marriott's leadership position in hotel and resort management. We clearly are in the dominant role in the timesharing industry today,~by virtue of our entry into the business five years ago. Some specific facts that enhance Marriott's participation in the timesharing industry are: o Our hotels that operate with ancillary timesharing facilities have found that the Marriott timesharing owner is a congruent fit with the hotel guest profile. - ,v. ..:~Z 1 1 r~^~.~._ o We have no~~~ seen that the timeshare owner does in fact augment our food and beverage business as well as positively influence occupancy. o jve have established viable rental and resale programs in our timesharing strategic business plan. o We are able to take advantage of the positioning of Marriott operations in preferred market areas. o The use of hotel facilities and tie-ins such as front desk services gives us a competitive edge and sets the consumer's perceived values at higher levels. o Our highly successful Honored Guest Award Program dovetails with both hotel and timesharing operations. Looking to the record of what we have accomplished, I have a listed k •low r-?sarts that we have sold out, have in sales, or have ~.n various stages of active development at this time: Resort/Location Comments Monarch at Seapines 122 two BR villas.1250 sf. Hilton Head, SC Sold out in 1987. Winner of numerous design awards. One award presented at a White House ceremony. Sabal Palms 80 two BR Villas (1360 sf) Orlando, FL Golf course location adjacent to Marriott World Center Resort. Sold out in 1987 Royal Palms 123 villas (1250 sf) All Orlando, FL 2BR/2B units. Golf course location adjacent to Marriott World Ctr Resort. Sold out Spring 1990 Heritage Club 30 Two BR villas. Sold out Hilton Head, SC in nine months in 1987. 1430 sf units Harbour Club 40 villas-two BR. Currently Hilton Head, SC in sales with sell out in 1990. 1625 sf units. 7 !!'I ~ V ,l F J.Ci`;ll 7 i i iJ:~se:_t S~r:ngs Villas 239 two BR villas. 1650 sf. Palm Deser~~, C~ Sales started in 1989. Well ahead of projections. fill ' units on golf course ne~~t to 850 room hotel. I Streamside at Vail 39 two BR villa's. 1250 sf. West Vail, Co Development in,progress. Existing 111 units in place Paradise Beach Club 135 two BR villas. 1264 sf. Nassau, Bahamas Beachfront location. Sales start in 1990.1 i Cypress Harbour 500 two BR villas. 1345 sf. Orlando, FL Under development. Sales in progress. Sunset Pointe 111 two BR villas. 1165 sf. Hilton Head, SC Currently in sales. Palmeras Villas 200 two BR villas. 1275 sf. Puerta Vallarta, MX Currently in final stages of planning. Adjacent to new Marriott resort hotel. I Hilton Head Inn Planning in progress for Hilton Head, SC 200 beachfront .units. All two bedroom units. 1250 sf. The above listed resorts do not include others in preliminary stages of development and negotiations in Europe, Hawaii, Mexico, the Caribbean, Arizona California, Virginia and South Carolina that will not come on stream until 1991 in our system. ~ The properties listed reflect timesharing sales in excess of $175,000,000 million dollars since Marriott entered timesharing in 1984. This represents 400 units completed and the.sale'of 20,000 interval weeks. The resorts we have under development and in planning stages shown on the above list total an additional 1,100+ units with a retail sales potential of over $400,000,000. ~I 1 - ~ _`:i_ ~1~~ To provide a window on the demograp}~. i cs and satisfaction levAls of our i~arriott owners base, now numbering 40,000 families, I have provided some excerpts foria an independent survey conducted in 1969 with the following data resulting: a Satisfaction level: 89% o Responses: 62% owners responding from Orlando resorts 38% owners responding from Hilton Head resorts o Most important reasons for purchasing Marriott timesharing: Reputation of Marriott 460 Marriott Exchange System 39% Liked the Unit/resort 22% Guaranteed accomodations 32% Save money on vacations 22% o arriott timesharing owner demographics: Married couples 91% One or more children at home 48% Age 35-54 63% Age 55+ 30% College Degree or higher 79% College - non degree 86% Graduate School degree 40% Professional manager or self employed 75% Retired 8% Sales/technical trades 10% Government workers 4% o Income Data: Under $40,000 6% $40-50,000 73 $50-60,000 13% $60-75,000 18% $75-100,000 23% $100-125,000 13% $125,000 or higher 20% i~ . ~c.u_ v.; I ~i 1.:.. O L;~:ChcaI`!CjF' Sc t? SfuC~1Gn at i~:._rrlOt~ ~G.itE' 1't:~0's"i:. I~ Very satisfactory 5?0 Sati_sfacTory 150 Unsatisfactory 1% I I o Level of interest in rzsort locations for Marriott timesharing resorts: I Hawaii - 87% Caribbean - 860 San Francisco - 76% Hilton Head - 76% Orlando - 69% ; Palm Springs - 68% Colorado - 64% California Bch - 63% i Cancun - 62% Cape Cod - 61% LA/San Diego - 60% Puerta Vallarta - 59% ~ New Orleans - 58% Washington, D.C - 50% Miami - 23 * Selection of western areas deemed at high 1'evel considering that all owners sampled were from east coast. Palm Desert owners not included in survey since not officially on MORI owner roles in 1989. For your review I have attached articles from major newspapers and national magazines regarding timesharing and its general posture in the eyes of the press. These articles represent independent positions. I have however also attached some recent trade publication articles on Marriott which reflects some of the resort activity mentioned in this memo. You will also note that I have attached two letters from key business people on Hilton Head Island. These letters reflect the sentiments about Marriott Ownership Resorts in the local community. these individuals could be contacted for references if deemed necessary or appropriate by Council members. i 1 i:.. i__ - S~_.~--~..,. S~Ie rod previousl~T rzcommendecl that _the Tot;~n of Vail PEC cortact fir. Ra:~1on Diaz, Chairman of tl}e Co_mm~unity P)_anning De~~artn^nt for .Pala Desert California. Dir. Diaz was contacted in the PEC process, T believe. hope that the documentation on the preceding pages has helped you t.o evaluate our project's appropriateness to Vail's exceptional environment. We selected Vail for our hotel and for our timesharing resort because it meets our exacting standards, just as we are dedicated to meet yours. Timeshare InG:;~icyr : rl'UiVGI lllJ-I~~J 2400 (In Milliuns O: Dollars) 2200 sz.o $2 Billion 2000 , .Bill; Sl.s # 1800 .tli!I:on j i f 160 SI.G ~ Billion ~ 51.5 ' Billion I i 1400 51.3 51.3 I Billion Billion 1200 ! I S l.0 1 $1 Billion 1000 Biuion ! 800 I c SGSO h1illion 600 ! i I 400 5300 Million 200 SI s0 Million S7s $50 Million Million ~ 1 1 ~ _ ~ _ _ ».v . ~ ~ .197s 1976 1977 1978 1979 1980 1981 1982 1983 1984 19b5~ i9e6 v tl...., ..~,...:.l,..i 1... D..c...•r (`n.alnmi.+i.ni.c Int»rn~tinnnl lnr• (R('h . + I Y' I i ~ ~ _ ~:~1\f ~ i~,~ ~ E%; I 30 ~ ~ 1 20 15 ' L /=J I ~ 10 0 ~ ~ ~i ~ r ~ L 0 oD O a ~ Q o p ~ - o ® Cliffs Club ®Neighboring ®Condo (Kauai) Owners Island Visitors Visitors Timeshare Visitor Party Expenditures Compared To Other Visitor Party Expenditures, Accommodations Excluded* ' $ Per Party Per Day ~ Ratio, i Average Visitor Timeshare Visitors To: Year of Timeshare All Condo All ! Condo Data Owners Visitors Accommodations Visitors Accommodations Hawaii 1979 115.83 76.63 98.79 1.51 ~ 1.17 Western 1979 68.84 53.23 N/A 1.29 N/A U.S Sanibel/ 1979 77.30 58.22 N/A 1.33 ~ N/A Ft. Myers, i Florida South 1984 90.57 N/A N/A 1.0 ~ N/A Carolina F]orida 1984 148.00 111.00 N/A 1.0 N/A *Timeshare maintenance and use fees excluded Cliffs Club in Kauai, Hawaii was selected as a comparison due to its many similarities to Marriott Ownership Resort's Palm Desert project. Bar graph and table are from "The Economic Effects Of Timeshare Development -June 1987" sponsored by the International Foundation For Timesharing (IFT), Washington, DC and conducted by Ragatz Associates and Dean Run}an Associates, Eueene, Oregon. - _ _ c j. F, i_ ii LJ. i; i ! j 1 C SEC l l O ~ ' . . . . .l A7 .t .L _i' \ t,~si y t ~ ~ /C. j ~ j`- t4, i"`. q, 'V~"` < 1 t ~ LLy S3` • i ¦ f~ 61 !S 1 ^Y .7,L+~•- '(l)t ..,.•r .y A'C¢ _ ~ yr y ry,. o,T1~P S X'. t 7.. C S v~-. 5 ~l~ '..Tt. t - ry. ~ a t ~ - rp. Y ~4 - e, 3 .ate ~ ~ i*?~,.a Yk, t +y rt' yq - -!S• S~ 1~i` „ ' -c. i.~+.~. ~ , s~°~'`~• a`^ ~ > _ _kt.s:.ar+ }.'-~1-` ~ ~-~.v'~j t- ~~"4 = ~rP~~. s^' , ~4±• e.~s i a,.~:`::q~; ~ ' . .;r...i: : - - <~~:.:-.r~.-- • :wisra .us:ct: ~ ::yk 't~'~'°t~."- 'ate' + ( better accommodations. The Quality nearly 300,000 individual member fami- ~l~eshare. Rating System was developed by Inter- lies, v,~ho have acquired proprietary val International in conjunction with interests in timeshare or vacation owner- 1711 Lildus~I~J Cornell University School of Hotel ship resorts, and 600 member resorts in Administration and is thought of as the 45 countries around the \vorld. toughest in the vacation industry. One reputable Califomia timeshare ± Comes of,Age T11is computerized worldwide company is Glen Ivy, a privately held exchange network is the most important corporation based in Corona, Califomia. 7 ne timeshare industry, which is dimension of the V?orldex Corporation, The parent company, Glen Ivy Financial based on the idea of making resort prop- giving resort developers the ability to Group, has been considered by ]nc. Mag- erties accessible to more people, has offer other resorts to timeshare owners. amine as one of the fastest growing pri- grown into a S2 billion worldwide busi- Today, Interval International boasts continued on•page 134 ness over the past t\vo decades. One tea- ,y~,;. son for this success has been the estab- i ~;;x lishment of laws and guidelines within t_r , :~,'1'~=•°•-' the timeshare industry chat guarantee ~ ;i•= ,::R ~.,,a:>~__... terrain standards to the buying public. ~ r ".'=~.,..xT~~Y ~ ~ i Several key institutions have - ~y, \ ~~,^.~v.1'~;- r . _-~:.~~,t^_, emerged within the timeshare industry, - working to legitimize and stabilize the - business. One such institution is the 1 American Resort and Residential Devel- ~ _ opers Association (ARRDA), the Trade ti+-~•;~ " `__-~i~,~. _ , - 'MV rs:,y organiation for the industry. Their job is ~`~L •'M`n~,,.•.~'~~,~; , to make sure the members interests, as _ ~ " ''~~,.c'~•`"r'+"~•ri•`"'"'~ ? f well as the interests of the consumer, are ~ - t being met. They are also responsible for - ~ _ educating the industry about new legisla- >~p, a 1 cion and developments. Another stabilizing force in the j industry is Interval International (II), a division of the Worldex Corporation. Interval International .vas founded by Mario Rodriquez, whose goal was co offer ' the world to timeshare participants. This idea created the exchange programs, allowing timeshare owners the ability to _ trade time with others throughout the - _ _ world. To do this effectively, II has set ~ ~ high standards for resorts wanting to be a - part of the exchange network, assuring ~ members that they're getting the same or pane Point Harbar, location of d?e new S-Scar Riviera Beach and Spa resort. ' t 1Y8 AUGUST 1988 _ ~i ' I i _ --f- ~ - - . • F • o.._ . . _ _ t L~,•1(Rti.~'~jTO'•lljl^1,: IUD _ _ ~ GC2, '~f 19r~ \';,tC'f}' hLld COm~":anles OVpr [i?e ra:it r1C[C rejOrt O}1L'i<lnt)nk11 services n) time- recentl}' COlile AlOn~ {S CefCi`iIC)', a C'.',!11- t ' \vP.S t>r~e years. Tlley 81'l' Ule (1 rsC VACaiIO11 511;:re rrUjeCtS. 1\''fanllhing Illl)r'' I~lUlll 3~ Pan\' Cltilt COI11rlllnenCS fntlr\'ef ~lj O\~.'ner,ir develo}per t~) ;aise•suhstanrial resOrt rrO}~,e:ties, rerrescntin}; 62,C'~0 lnrrmatiOnal by O('~rin~ tiiresh;lrc (n;~rt- " Ierc~ i~~:'~~s throuh the safe of securities, tiilleshare intervals, \'Rl is a leader in ers the af-r!ity tO make l;r~a nunutc }~rt_ ' ~ P.ut tota'inR ~ I. % miffion• res(ut nlann uncnc. T ftr it>;ve r<) ~ :f ~ ila. i cr- a\aays, unlim~te(.aecess ru rex)rt rr,)},er- Glen Ivy Financial Gr;;ur is also) tie, a\•ailnhle un the e(rut O(San Dic};O, ties, as well as travel huOkin}; ser,~ices, ~ thir: nlaue uP o(a sales and ilrlrketutg'di\'I- Orul};e County and Vennirj Ce)unty, in free trlvelcrs checks and car rental dis- 5 siOn, resort develo}l1nCnC, rro}-x~rty man- Palm Srrin}s, A•1~)nterey, San FnutciscO, counts. Their nte,mhersltir is currently =:i get a~ement, crave( ce)mrany and cOnstruc- Lake Tlhue, Arizona, Care Cud and arrrr)aching I00,0~. ~f maf Lion a)mrany. It has resorts in Califur- MexicO• A recent comnlinnenr made to the ~I ado nia, Texas, Utah and Hawaii, timesl;~are industry by the .sec \.~ith Plans (or ne\+• res<)rts in G C Harriett COrr(trariOn is a Palm D(sert, dig &:ar, Maui j sign that the industry has ~Tl•1'H TI-IE GROWTH OI, `i°' and along Califamia's coast- in ~ crnne of ale. When asked i( line. Another as ect cif Glen ' ('~SH~ ~ A ~LL'~ me r 1 timeshare a•<luld cc~mrete Ivy resclres is that yc)u're with their hotel division, Fai alvways buying interest in real r ~j McMullen, Vice President in '10' estate and, once 60 Percent REG VL~ ~,D, TRUSTWORTI-IY eh;vg~ of \•acntiOn o\vn~r- ent c)(a resort is sc)Id Out, that ~ shit, laid, "On the eontrnr~•. tov res~)r becomes the rr(r-,erc}~ II`~DUSTRY; 1111~R~ ~J NO It's a~eOmPlintentary srg- Sul Of the c)\vner's assc)ciatirn, t(1 meet nor hosrirlliry busi- nit he administered according a) DOUBT THAT MILLIONS MORE 'toss, giving us an increased we their c)wn by-laws. Owners c)rrc)rtunity fcx exransion in the are free to ehexlse their c1aRt ~~t,L BECOME II~1VOLVED IN this fist-graving sehment ctf management ccnnran}•, but the }•acariOn industry." in all cases Glen Ivy's Man- There is nO hetrrr example d" - agement Division has keen a A~ U c)f dtis symbiosis than Mar- s" • ehnsen to manage. the daily 'C` y` i~~T 0~~1`"~ ~ rielti s Plans f()r makinfi Mar- cu business of the rescut. ~ j ~ ~ ~ S ricxc H(uel and Villas avail- if Califamia Riviera Vaca- 1111 DEC~E L'11.1Lt~LJ. able ca their Califvmia time- bt bans Inc. is a timeshare share~uwnen. Marrieltt clw'rl- company located near Dana ers als(1 hecclme members O( Paint, an area known as the Califomia A relatively new Prexluct in the time- F.es(rrt Ccntdumniums Intematic~nal, a ~ ~ Riviera. Their first timeshare project in share industry is the urban timeshare, a reputable exchange network prelgrtm. ' the area was the Capistrano Surfside resort tintesltare fclund in the city. Urban The Marricltt O+vnership Resort's Inn, a 32-unit coastal land resettt which timeshares are for pee~ple who like to Plans for California wil! include a sold cwt in three years for $21 million. vaanian or rtke time ctlf in the city. One national and infemacittnal necworkinc Their newest Project in the area is the of the hest examples of this is San Fran- s; stem. They are actively negotiating for Riviera $each and SPa Resort, offering a Cisco Suites on Nob Hill, where you're several sites and Fare hopeful of being in true vacation feast with Pcxtls and sun elcue to everything the city has to offer, the California marketplace in early t 5 decks, spas and game rooms, along with with cable cars right outside your win- 1989. Primarily; they are focusing on ~ b discounts on green fees at area golf daw. Owning a week ar two here gives three areas: the Califamia deserz, beach- 1 1' courses and memberships at Dana Hills you access Pei an elegant 19th-century front Properties, and a ski Icx:ation. ! e Tennis Center. Vacatinn suites in phase style suite. They offer a bonus Progratn The timeshare Product is ctne that fits ~ i one will have 21 one bedroom ocean that makes the suite available to you fex the style and financial realities of most i f vie+v suites with 6~0 square feet and nine additional days with six days notice. People's Lives. With the grow~ch of titer- ~ b two bedroom ocean views with 8~0 O+vrters are also able to trade with other share into swell-regulated, trusrwclrthy t square feet. Prices begin at under urban titneahares found in New Yark and industr}•, +vith excellent properties and ! ~ X10,000 far a week. London; alone with the resorts offered services available, there's no dcwht that Another company to emerge in the by II. Urban timeshare has quickly millions mare will become involved in ' vacation resort industry is Vacation become a product with the highest vacation rnvrlersftip in the decade ahead Resorts lntemational (VRl), a specialty demand ratio in the timeshare industry. McMullen said it hest: "Timesharing hr: management company chat offers tom- Another innovative company co nowhere to go but up:' 13i AUGUST 19K8 iS~'i~r.t•L'S i+'.ilY ens r...crus, c. Calt.v ap,?.7 tr{prC SD-aY ~U~ 5 1539 -14az fr ~iA~e-Shares ~hed~!i^g Fact Image r`>s ISi_c~.or~oratia~zs inter i~rTarket +.11¢¢h11 (Rruter) -J {l+r vauaiiun ryvnded hT a c+.n.lun+rruu~n plot +n Ihr c+:>h!r'.SS+are busi ncss, once a magnet for 1910s thn led many de.rfupen to scam snisu and other r:ncy oper+tor> eom~en unsellabk condo pgreu mw is ahcdd+ng iu trc {ativ< mage and nmeahare re+ona mrJ llr Kr.l rhr m:uket guimng ropers bitty nmajor corpon- anth new emu. Many propcu rert tiom move inw the lucretive market. poortydw{reed and vlum)tcly (aikS. Such hnvyrnghu at Marriott Corp., M consume tnmplainu moumcd. Hihon Corp., Grnenl (XalopmcN Hawaii mmidertd banning timcalura Corp. and Shcntoo Corp. have racntly aho{ether, and in 1960 Fbrida's s~o~- unlcd thclr dnimt in the timeahart ncy general roan! r rules industry, bonging financial subiliry w a gov<rning limrsharc uks. buslncu orse plaguM By high•prcuure In 1911, the Florida kgislawre pa>aeJ unto and loo mvotm<ntf, industry on< of 7hc wtaon't Grp and too{hest oRmias uy. tart to rtgulau the trine-saarr industry. "Thr marginal players have been Since Then, moss porn have enactcJ ftmhcd out." aid Da+id Bro+n, chair- kgulabon That owlart bad•(uth pro• man of Mumi-based General Devel- mouons, rcyuires proket mamgen to opmrnl Corp., the Bigger time-share be hcrnud, prams buys rkp«iu and company rn Ne nsnon, mandua `coolinpolf' pegdf in Thad Began le Frcacb Alps rhrch buyers ran back out of eomnets. Ttme•sharing, rhuh Bcpn in Ne Florida dill receives eomplarmsabout French Alps in thr 59fsfn and vas later hr{h•preuuee uks uctits, but th< uponed to the U.S., alloy vantroners numb<r hat declined sharply m recent to buy blocks of umc, typ+call7 in onc• Ycut, $antarn ord. reek pcnodf, Io guy in eondominrums Lured by improved business ten- or rnort uniu every year for up to a0 duds and prof t opponuaties. major yc)n. ec -pa:.irs art nor moving rnlo lime~ In wm< eau> Doyen can bade (heir th+•cs Them {oat u to up into a large pool of middle-+KOrrK wnsumcn rho rr<ka in on< Ixauon for wmcont tlfc'f art f ndrng rt more di(frcvlt to aRord at anoNcr vaauon spot A growing thnr o+n vanuon h«nn. numtxr of mmrnauonal "tachan{t In May. General Drxbprncnt Corp. Banks" allow people to crap for Ume ¦t resoru throe{hour th<rorld. oven{thenN ru portion By enmpkung Over ehc pan deead<, the indupry has the S6S m+Won aeqursition of C)LI'ur- e:prnded at • phenomenal rein. rrrh nia•based Gkn Iq• Firunnal fn.•up g I:x'...+rxr r•1 lu lurx••Jur: taunt. nr +.+ICa volurnr prn+urp tram S2Y1 mdhon Wntcrn oat<a. m 1976 to S2 Billion 'a1 the aW of last 'Cwt<•sharc ul~ arc nt*<ctanl to ynr, according to the International auount for onathrrd of the Munro- Foundation for Tim<-Shanng, The nom Bet of U.S. limtaharc projmts ha baud company's brains thsa year, inrseacd from e3 in 1973 w more Than Brown said in an imm~s' w. I,Oiiii today. Houl giant Marrr«t Corp_ rhicA But am<ahart's initial sueass ras eNered Nc ume•share Buurseas ra 191a, tainted by shady and oftentimes illegal is also on an espanaron bn{e. tiler pnetiees. In iu early days, the Barry Cohen, markain{ director for businut attuned some of the nme its Marriott Orererthip Rrsons Ina. , ogrnaton rho vseked mwtston into unit, aid Nt company euneatly orns bupng ronAhas Florida swampland in five time•sbart seseru, Mt attother t? the 19bOs. under eorotruepon and phns to have a tool of 28 projecu try the year 2000 'Back in the 19TOs and early 1960s. Another major Berl etura, HJeors time•sbrc ras hard-sell uufC;' ud tldl lids Inc.. rscemyeatcreJ roar a),rm - Sanborn, enforcemms chief for Ihr wnmre eu Jevekrp a-roal tsmc-June Florida Buruu of Trrtrr Shan The resorts sn Me)ice. a{mey rt{ulans Nc nwon'a Biggers Okrtp Resrra latanl eoneenna eon of umc•aMrt mores. Aa the eaduur rlcant cep iu irrsa amouatin{ w 2:: of the roof. Glifor- r ge• ms nob Ks:ond rich I I'/.. Wd: Dnncy Co. says a is spin Some uksmen promised eapcnssve investiptia{ else , . s fm bwWmg . pfu b lea pommel buyers to their hmr•shart projeeu aKar Dgtsty world office But sent Nem arty empty- in Orbndo, an arts slut is qmc?ly Band<d "Obvmupy they rertnY gemg dcvtbping raso tae Oar-WnolraalrJ to pve gray a Camaro or a 5:,300 the U.S. dumond,' sanBOrn ord. Tae roger lw tsrnt-.acre ulaerarrv w One umt•Mart optrawr rent from mddte Anerw•a Aatonhng ro a regent urdy by slit Antrtaaa Refrrs urJ uam to genre ac0rng unsu Ihat vcrc Rswkntul Uevelarpmcnt Asstwvtwn, never built until tat: Federal Tradr the lyprtal buyer u luarrttd, a0 yon old Commission aught up rah Mm and and bn a rrredua ~wnst d about eaargcd him ritb deecpure buueaeu yI.301j. pruuca' Time-share Fbrtda Pro hued pries page frpa 52.000 }rev to 523.000 std savage show fa,soo. In Fbrida, sat prebkas ant care- indutrry olCiciala n7 x. . _ _ _ • Y' • r . . -:ill _ .i....-_=::_i;'`t _ _ - j. l t.-.~F `n i. - , 't' .L n . _ • E . .i _ . - .1 < . - i' . l ! x• t - 1 ~ _ l..; „ - 1' ~ kn. t ' ...ter ~ f_ ~i. ' _ J_; u c , j C. ~~,t, rF:, = .:r;.~ r..`~2 .i 1~ x;;. t' r,: ~.-t'C 77, i f•r. e}tyS->i t. t ' !iw . _ t 1 1 1 ,a,: l., ;•v.->'. z Ar-~'~_ ~,.:al.':t't: ::?7Sw '.>a ~ ~,i,~at~t~~..,..~ _ _ t, - ~•r ....•:Jr x-,,..,l-c-'rr - -,tr: t , c ,•-•'~'~y< ~ .k. ~•.f K ~~~<>-,.•;.w.~ _ •-t T_ •'.a 'i"'T't` _.`.+~;~t~r~~_n.: t .:.~~^;"+:.'~~.~~:'•i-?"V:~..1.?lw~:: ^~;•::,?yi:.~~•7•::wti;~2'j;'•~'. ,={~.K;- - \4`_ :?^•,-%'"t - - - "•n!ris~~.~..-.,.'..?c.: '---f _>3.`~', l,~,t: ~t .l..t tel..... ,.,2 fib= 'i-i: ~Er .~•t~ti,•, :`1.. 1. , ~ !:n :'rte!' r'%:. _ _!r .s 't.:t»L~: :w ~ L 'ii. d'ry i.,~ L- i,- "t'. _ _ _ _I,~ ,.1:-4F•Sa--~~K ,1,:~~cf='. - '.rf..,F+.,~ 4'"',,. :,~-.`J,"ix:t.~~' - sS~:iE7 `:Y. .I' :3•'~(( _„rr-..+ '.r• ...x;::=,:.,,.. •t ,t .'1?<,._, -2. ~ F .~~~ls, 1;~'_ `t 1.• ~t~(-r sl.r I t t•i '~•..,'L:S a.,;k. ~ tl; i..,... Il~+"Y-..t 1 :r~ lr.t: ~ ~t l;,~;.. r"i~ h; k~..- -1,,,,1., t! '~.;'o-~.; S Y~ K' r -,..t...r ix [~..~t~.}_;"^.:',.~ ~ ~ ~ L. tt,iJ fX '.i=r:`_,.'1`.. st' ` 1~ L -.r'... ~..~:;r. H•; ~ -.~-rt >,V+~ f''-~.n'. -xx.~.,, 1'S' . ~ .e i I ~ ;S._~c;•r-*~.'~^y _ L..-+:r `'ii i,c. ..}r..~;F~ it '=s' f +~•y,, ..t; '2~. . f. .~+ls _ _ ,,~Y _ _ x .i v.~. ~iii'•,.: ,5 ..t_ i~~yC~l~ ~yY fN~,~: Cif .~1L..t•~^S7 t. __.va,..,., t'r X~,'ti:L~e;'. { _ -_.,.:~L :.i;^ f 7i•{~ic ;fix---~:%: ~ 6 ? f " ..'ni' _ a ~t~ .~_t,?_ -`fit -••t-~ry i.i:-'v (.^'~:~•~=,i:?. } 9s t'ya.-,1tt qF... - -y'.`^}~!'if.~: 1`~,'Zt:.i ~ - ~t~~ - = ~+Ftt.- 'C F5{.., "t~'?wa CS'GY t -S.• - fig: • yF t...., ,J~.-~..1r;;J :~ti-•~ ~~•~~~µ'`':s..-. _ i 4'~-..St:,~AC~.,iG. 7,: u~.a {lr-'x.rt, Sa ~n r'~ ~,:r;c-,_, r. ~ci~i.. - • .:7• .v. =t >~~.,1_ ,Y. 1),t,~. Js ~t•y,- ,7'T.i. r ~•.a~. ,x+~r}3 L:. t Y': 7..,. ~uty\-c..,r • w~.:: 7:~•i- ~''ii{'= } ti~ ,b...b~ .Y ~J: .G Rr.. y~l.~."• z~ •+-•`;,,ti~{ri ,y;- 7r~- °`,~~n;;~ti':i~ „a,;,`!~~ Wit; ~~13..i7=,~~~y, i~'.rr_,:- *~t•'y^' :.%v' ~>'~2rS.i•,. f~: y_.,.: •r fir;•.~:."" F;'v~'•:~::;1~~•:Si~~~-s~`f '~'_sa.:~i~ar~4.~• ,1~~ati'~+'.~t~~'fi~''~.k7 ii=n. .~t~ _ _~v- - 7 ^.-,K r •..-ctyi~:r~,i: j vn_' Sd~•nC"' _ _ - r- - f - " ~ x20,000: The price lay of a weel, in w~ntcr - _..r..,..~~".~.. - v. sD,DOD•s0,500: The cost o' a lifcttme of L:'ceklong vacations at the or summer for a two•bedroom, t~•o•bath t:~aui Sunset II development on ih~ island of N~aui. Along with a one suite at Lake Tahoe's Fidoe Tahoe. U;1 ur tLVo-bedroom lodging, you oet is swim, fish, snorF,ei and wind suet season, the test drops ro 516,600 i ime sharinf, that black sheep of va- TIIeS° dal'S, Ca'JiiOUS time-Share S65Q less titan it would cost to pu: your catior: fads, stay br oL•ercomin~ its bid buyers in the market for dream- iamtl}• uP in a couple of hrnel rooms for rep. ]t used to be that misleadinc and a: ~aeel: at today's average rate o: S%1.65 hielt-pressure sales tactics, failures to d~- vaCat10n hldea~NayS area 101 a da}•. By tilt year 200J, ~yhen that aver- liver on promises and the difficulty r,!' IESS likely to get burned age hotel room is expected to run 5180 z swapping vacations with other time day, the annual savings will top 52,PP0. sharers made it near ~yaste of time even Your total outlay will increase, of to consider a time shirr. But new state Most developments sell }'ou your week course, if you finance your purch:ar. consumer-protection 1aLL+s and comput- for life: c.•thers, for 25 or 3U }'ears. Most developers oGer five to seven-year erized exchancr networks to make swap- In the L'.5., the average time-share loans, but interest rates tend to br ping easier h L'e turned time sharine into ~1'erl: ru::s rouahlL~ 57,500`-just S'S0 a hi~'}t-currentl}• around 16 or 1 i p;::- L•aca[ion otion ,L'orth checkin; out- vacation over 30 years. Add your share cent. Thanks to rece:tt Treasury Dc- albeit carefully. of the taxes, insurance and maintenance, partment rt:iing givinc time-share ow•n- The idea Behind time sharing, or "in• which average about 5200 a week, and ers tax advan:a~_rs similar to those of terval ownership," is that you get your the total comes to G450. That's nearly o~+•nrr~ of second homes, the inrerest on "own'• beach house o: ski chalet to re- lire loaf: is tax-deductible us long turn to fo: a set period o,` time-usuall}• ----"••~-~••-^••__..._.:,..:......:,.,-r,• a.. you own five N•eeks or less of .J_ :.yrs. . one to four weela-year after year, ~yith- ~`;,.~~6~'t'~'; ;~;°~~~_~~`~"I' In llrnr-rltare ttnllr. out the hassles and ex,ense of full own- _ ~ ~"--r""`'"'('"°-~ Anractivr as a deal sounds, 1 _~Growth:of~11:S~time;shanng're'sorts:;.::::,"t~':'.~: ership. You split the costs of upkeep and ---'i 'ionti:'•w7a~7':,:: ~~?~~:I the details bear scrutiny. Herr c ~ ~ 3,200 ;•I~ are a few ouestions you nerd to taxe_ with the people ~L•ho have bau_ht ~ : • - have answered before sicning uP: rights to the other weela. Thr concept ~ • r -~""s ~ Exactly what are you buying7 has becomt so popular that the number -~;i•, jam. we:ee,Y•~- 'i,ooo' ~ of time-sharing resorts hay iumpcd from ~i-~•"~ ::._rr'+• Time sharing falls into two catr- " 1%10-' gorier: Ownership and nonou•n- iust eight in 19T to more than 1,000 ,Y ' _ Lr • r`~~s ~ errhi ~ An ownershi a rremen:, todzy. last year alone, sales totaled 51.9 i ..Li:; 1 • p, g t • _ the most common, gn•rs you zn bi.l,o.^.. B:• far the hottest nt rkets are _,z_;~•~,,;,,;,,;.;~ ~ s~ Picric::, Hswaii, California and Colors-"~'~~'-~ ~ • saoo ~ 1~ interest m the real estate. l: is 6;r.K f. ,.mRi. ~ Il in al- ~..a>;:. I l ~r a;,..,.; v to srl., ,yi ar de but time-share rrsnrt exists yours fore er, r.;os; any Hart of the wo:•1 for fast about .._•r.;;a',!1 (Sales ;._~t:;'~~ mort.a,'r. under nonna•nrr- :.:,y pocl:et;;aok. 1-ou cn spent 5=.500 :>::;K:_;~ I ~ ~ma:?'' ~ chip a,rrrment, you use the ar- a , , b rr-- 1 conuno~::tirnts for a sa number id: ,yir,te: ~yeel: iP. cramped ene- ~ "A Num er ' *~r~ ~ . o . ..t u, yrarr. O { becroor:, lakeside condo, or 540.000 for ~ 7 x'20-° r wnerrhi, then reverts C ris:Tas week in a two-story yilia at ra'L resorts ~~'ii^~;`,~~,: to tits rcllr:. ~~i:ias Gcho Cascadas in Puer[c Vaiia ;a, ~ ~81 / '~:Y,;~';,'j Somr devClopers just sell . . 1S•3 •17 YS7:"; 1.'irxico-complete with maid service -_~•'Li:+,;r'H,~, • .81 . °S ,tcrt,_.i sh:,rrs in th_ dwclliu,' units: otiJ- and yot:r overt priyzte styimmin: poor. ,I~Y~';+t~ ~4"i•~j~y. ~ 1673 .77 xv~~'.+~ a'~~:"~ ers include _ sitars it: romnton • . i'~:'t~~lawtM,~t++c~oa;i`/u,ra,r.:ol:iinnaera.t _ _ ~"°lei~u'°idi:. y.l` : "'•Tc:',+ait.. ^.+1:' ^4.~':+ Y'; ~'C."r.~-7Gy_`,.r _ _ '__:1~. - _ - _ ~ - . >Y" , 1. • _ -.i . ~*y.. _ .1~ - - ~ . i r - .i`• - - 'J i _ t ~ r ~ •i ~ rj' - -a.;- t{{" ,f ~ ~'~y r.3 J ••-a r~5~1 p i4~ t t ~i~a~~ , "fit I .+.r'll ~ ~ t ~s:,~~~i :.y _Z ~ } G, I. 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'1k•4+•rl';~- ?r io'i-->-' jy~•' tty~~~rsj} ",-rt W!"~- ~ti'IM',^.•.f?I~!::.,~,-+r.a;.i:, ,t~c~a,H.%S~-K~_~'~~S.rr.Ecy`y~.•'~ra4.Z'~l~;c i~.i'~.k~:9.i3i"~ } .i`o° "'<'4. ;+>;r ,yr r.~.t.K•~rr:t~t,.t;*,~".,ry/y ~ tis•~• 7.--.~.~s"~'~1`-~1:,.; ~ ~~r-~~.n. nr`~`':.. ~..~~?'~s :lt.:i~r _ 11 FJ ~t,~•~?~~~;~:n SL'.5U0: i by averapc pace of one Feel. ~ yea, ttie vrstana reason. ~•.dr~ :''.'S-: ~ Hoar Vt'att Gisney V.orlc u-. Lar;e Buena \hst::. Fla IC buyr. you a v,lla that sleeps @idhl-and the use of t~ tennis courts and lhreE pools areas lurk as the Pt>pi and clubhouse. su;eest that yon r,;:,i:e yot:: requests at kicker assessments la1c: on. loot+• much ~avs Clinton Burr, ar ;::torne~• and Pre;- least ttt'a months before you tt•ant tc• of til: maintcuane~ fee is being set :aide iUCni Of Resort ProPcny Ott•ners Associ- travel :aril that you he fic~:iblc by listinc to build fund for nwinr repair>? A ::lion. ti i1i;:it Publisilcs netysle:ter and foar nlte:n:aive lp~ations dates. roo;i talc of thurnb.'savs nex•slenrr puh- • •',!i•oaks rnt time sharing: "~;::ny buy- ~ Whai arc tJle prospect;; o~ rtae!!!n~? fisher Burr, is ti.at lU percent pf yearlt' h,l,cv; tiler otvr; :he c~^uno^ eJr- Tintc sharin:; should b: re_•a:;ic:d es mainten:uuc Ice>. shoal,! be earmarJ:c;i ,:;cats. Alter sales art completed, they tt'av to save nloncy ol: tacatiult costs- for n.aictr expense;: .=,sL to set rile re- learn that the dct•eione: sail! owns these nut :a areal-estate in`•'estment. Accord- sort's schedule for rePlacin~, items such facilities and Holt wants tc sell the:: to ink to Corfolink, an Omaha fern; that as roofs and intcrio~ decorations to get a the ott•ners' associatipn." rot a free lam- }candles resales and rentals of time-share feel for whether sufficient funds are be- pic co;?t• of the nett•sletter, contact the units, ztime-share interval lull! be or; rite ing allocated to rite reserve furs. RYO.=. at P.O. Boy: 3~9:, NorthbrooJ:, marl:c: for an alter::~•e of 31 months. any 1h'hat are your legal rights anQ o5llga• 11.'. 6462, e: a: (~J'_1'_~b•~655. owner, seldom get bacl: more thaa 30 to dons? 1t9ost s:::tc I';nvs reuuire full dis- • How much leeway will you have In plan, 60 percent of the original Purchase Price closure ny develone!"s and Protect t•ou bj ning vacations? A typical time-share in- in the resale market. allott•in~ a "cooiin~ ofi"' Period of Ihrr_• ,tr•:al is one week-eith:: the same tteek )3ut tl;at also means bargains for huv- to JO days in which to change your minim . each vex: or 2 fio2tir., tt•erl;, tt•hich res. Resale and rental acents lull! Put after you lice. un. 1t4ost states also rr- means t•ou'll have to reous; z wee!: each you in touch faith sellers. ]t`s a rood idea quire that an escrow' account be set un tc t•ea:. If t~ou chops- "fractional owner- w chec}: out resort it• rtntin~ a wecl: take care of unnnished it'orl; should a s:^i-.-' you'I': ~e! a number of tt'eeks from an owner ache's taring to sell. developer default b.forc completive con- soread over the year corresponding to • Could your annual maintenance tees strucnon. But it•s t•:isc to ask about spe- nt: size of your shire..4 quarter share, r2nld!y escalate? Projects that star; ot;' clue situations. Ar:~ you liable if anothr- io: example, tvouid give you 1 ~ tveef;s- ~'r,ar~in_^_ ver•: loll, fees often hatre ftnar.- ot~'ner f::iJs t~ pa}~ 'tilt maintenance fc•c'! perhaps three or four weeks cac}t season. ci••1 problems or end t:p chard ing sharply In mos: case. you' shouldn't br. if you Thr:e's a a•av to keen from beinC art buvin~ a r.;h[ to fix real estate, you locket it;to the same t•acatiov s:;o: o. .~-:~:a.>'. _ ~ si;oul;: be cen:;tn , }got: receive tttlz- • time slot each year: Choc'.r a resort afiii- ~'~~r~~1'~'~'• ~ = insurance Poli;•:, ivhicl: t•zriflr> that you ti _ . i::ted with one of the ..*eson-exchange 'a` ."'v' have rile deed~to that property. - ~ . nent•orks. Resort Condominiums Jnter- ~~z • r,'° Whatever gua:~ntca you gtt, gCt ratirntal and interval Intentrtional, for 1•r ~ y.= then: in tvritin_. Tim:-share interests are e>,amPle, earl help ye:: trade aerks a•ith~~^~` ~l ~~i~'~~~~~~ sublet: to the statute of frauds, a i:n~• 1 _`yG- r'/~~~,~ ':f rtgUlfln~' ilia. COlttiaCls 111t'O.t'111~ real thousands cf time•shar: ott•ncrs tvcrlt - ~ t ° e •""y.~'" ' F!•`+: ~ Altd nc matte: ho~t• tt'If7l'. ~Ot!'li P:!\' arOUnv: 1 \'Ca: l0 hc. ;.as; « •,rt I•:x~~i~~+"~' rS:ali' 11'' \t•^11101:. SO 10~ ~'~,~~~Y- ~ 'f "~~s~~~~-•'- ~ _t• ti::l ~l)tatl SC0^l: It•i L7::11- b~tona :c an t:.:h::nC~. a., ~ 1!) Or :.,'~~y~-:,~;.~'Y;. . '14: ';T^ ".`~'1'-~ t: •:5ttt'Urth C. ctv3p your tvert: for tvec. of compsr::• ;~'-~w'~.'~.'rry'{",,,r,. > ~ r,~~-r~ },ii': ;::pus tc he stt:IVe:i by slits pttCh . ~ •=?:R~~" ~ f ~ r •aration. That's tt•hrn bit v.;,ur st anotitr.* r s a• tvt;ii~ vot:••~ r o:'. .z err. at -,qtr ,,ti:':~ a~,;,~; t . - ~-'•`:ti„ ~c'>~~;~ , t..`.,.e abi: to prontists of ~l;_ i_:10C durinr peal: ski scast;r.. for '..•~'--`,~./~"`s!~:., •~u~;;~ yc,u'rc mus: ~ ~ ~ v :~atictas. TaJ.t ih: cxama:.. c:::: b: trail ~ f a ~ a;.<~ ~ '';~r iifrti,ne o; cur..:n, e.. or peal:-season r~ z. • tveel sn ccean resor,. it you ov: v or- ~'~-~'~~~~~t?~~,~~~~• cc.~ntr:,~t, ant dc~ld:: o:: >•c1u: itnmr turf ,talon time. yo::'Ji usually have to lac; hott Hal that pruntis: can b ~ • _ P Attorney Clinton: Burr takes note:. on ~ of-se25on vacalio^ no mat::: wne:c \':isconsin lime-share development for LG. Yo: b°st rrsLR;., the exCh~IlgLS his COnSUrTICr-tYeL::hdOC nevrsletter rl: !Br!: ihp:TlLS~r~ rn kt.•~•: YOrr. ,,.S.r~~~;_ L t•:CR,~G R~DVnT, M1'2~' 1?EE I 71 f; § . R 1r F n 1 ? -zR }t ~ ~ k t~ ; _'g p ~ ~ ~ ip-",.a ~ hs ~ p sou. 4(,~.a Fg3.•+. i ~.~,e a ~ a ~ TS ~ 'iy,..~ `f.:q: . 1 ~~1••~ i ~1 c. ! ~'~avv ~ ~ L` u ~ !i ~L.-:n:' !'1 ~ "~ks=~4 C ~~t?1 ~ ` 8 ~ ~ C~•"' ,~r 'y O _.%<:;-riort Oiv~zership Resorts probably will start sales on at least six new VO projects this year - -wl~aic;2 ~~~ill have a total of over jzeyv 8G0 rtnits. The firm is starting sales in several new ;~.~r-kets. Tlzat's the biggest burst of growth ever by any vacation otivnership company. !ales began recently on three new highest profit margins, of any major ` eW pro j eefis by . ~ MORI projects, marketing probab- timeshare developer. ~l~ arrioft ~ Y ly will begin later this year on three MORI is going to this faster marketing ~ C~v?~nership Resorts more, and this new inventory pace with a product package that is both together with VO projecu almady refined and proven: C}•press Harbour, Orlando. Cypress in sales is expected to more than double the a High-quality unit. The firm's standard Harbour, on a 50-acre site within walk- company's 1989 sales volume to in excess of two-bedroom unit evolved from around ing distance of Sea World, began sales in S100 million this year, according to executive 1,200 sq. ft. at Monarch at Sea Pines in the lviarch with opening prices of S9,500 to vp and general manager Bob Miller. mid-80s to 1,650 sq. ft. for the newest villas S 11,500 per week. The plan calls for Why so many new projects all at once? It's at Palm Desert (there aze some smaller and 400-plus units. Construction is well known that MORI exec vp Ed Mc- lazgerexistingunitsatStreamSide).Interior scheduled to begin in Iviay with occupan- Mullen, who heads the firm's property design, furnishings, and equipment have al- cy targeted for early '91. The project is search and development activities, has been ways been lavish. IviORI's third in Orlando and its biggest scouring the destination resort areas of ¦ Flex time. MORI switched several years there so far. The first two, Royal Palms North America for locations for several ago from fixed nttmbered weeks to open use and Sabal Palms, are part of Marriott's years. Mat7iott's acquisition Orlando hotel complex, which was the procedure and plan- ~ ; _ ~ ~ ~ ~ ' focus of the marketing program. Cypress ning/budgeting process for - "t . Harbour is away from the hotel and will new properties is very _ go toe-to-toe with Euroacuvidade's new thorou;h and time-consuming. _ ~ - rg ~ Dolphin's Court VO project in Sea For the most part, the bulge of e World. new inventory is simply the i - - ¦ StreamSide at Vail, Vail. MORI's result of concluding this exact- t _ first ski resort and the first property it has ing process on anumber ofnew - not built from scratch. Located two miles locations around the same time, - - east of Vail, StreamSide began in the late Miller said. = ~ 70s and consists of 111 units ranging Marketing considerations ~ =i t from studios to 3-bedroom apartments helped bring on Cypress Har- in four buildings. MORI takes over 17 hour in Orlando where Royal • ' f" :r ~ existing unsold units and plans to build a Palms, the second of MORI's 'y ~ 39-unit buildin featurin the kind of first two Orlando g g projects, HIGH-0UAU7Y UNITS, like this one at The luxury 2-bedroom, 2-bath apartments recently sold out And main- found at its other resorts. Also, Marriott twining sales continuity figured Heritage Club at Harbour Town on Hilton Head !s- plans to expand its hotel at Vail, which in the purchase of Hazbour b~• are a holimork of MORI's VO program. will add to MORI's marketing capability Pointe on Hilton Head Island, there. where the company is looking at a gap be- within seasonal periods a system that af- ¦ Unnamed project, Puerto Vallarta, tween the imminent sellout of Harbour Club fords greater vacation flexibility for its Mexico. Later this spring MORI will and the start of sales for a big new project owners. begin sales at its first development out- planned for the Hilton Head Inn site. t Honored Guest tie-in. The Marriott VO side the U.S., a VO resort planned for 217 Marriott doesn't disclose many details on ~ owner has the option each year of trading his units on the grounds of the new sales,profits, and acquisitions,butthefactit week for Honored Guest Award points beachfront Marriott 435-room hotel in is now investing heavily and moving aggres- good for accommodations at Marriott hotels PV. MORI has a 50-50 Mexican partner sivcly to expand MORI clearly indicates that anywhere, air travel, and car rental. This can in the deal: Monterrey-based SEMEX, the corporation is keen on vacation owner- mean owners have the option of, say, a vaca- the world second largest cement tom- ship. tion in Europe, paying only incidental per- pany. The project will be marketed on- Marriott's increased investment in the field sonal expenses (MORI is also affiliated with site and in the U.S. also lends credence to the widely held belief RCl). The Honored Guest tie-in has been a that MORI has maintained the lowest powerful VO sales tool. Continued next page mazketing cost, and therefore one of the Continued next page Rasnrf navAlnnmpn? . dnrilron . _ r . to r,~n a substantial- I ~ -`....`.,t.-- ly incresed num_ Cahan to V~/m~l'ke~il'1C,i ' <:a~`~... ~ ber of locations at a Barry Cohen was recently promoted to I ti ~ ~ Lti, _ _ t high level of effec- vp/mar}:eung, a new post cr;,ated be- - ^;4;~~''~'°~ cause of the "increasingly important j'~ - ri'~B.: i~~4~ly~;....:''.+ :C• ; . 1;:...? y;` ~.y.t t1VCnCSS. - . ~ ~ ~+~,L-(~`v'. ~ , ._:r'..'~i+~J rr~`l •,~f Miller admits that role marketing ha_s played in the growth .'t;.~~ f~ ~~n ::'x~~;^~a: i a• • .;~;i'~;b'cf'..F-:u~:.'rw t h e C O m a n I S O f l h C d I V l I n n i-• x S 0 s L''r_ ti~•.~,;a~.~,.~-~ X_; r'1=- ; - t G~~=' s~etched a bit thin said Robert A. . i;~',~.,.;`~:,~:,_,~,: ~,.~lr.~~~~~`~iT`'i--_:~ ,.._,_~:F;:~~srl:: Miller, MORI , ~"'SGSilt~ - . in this department, , ' ~l-a~j;i~~~~J'~...J_-~ ........~I •.1_~. Stepped-up re- exec vp and z.~~' - LY I~(i' 71 d ,y`:^ ~ Irk ~ 1 } ~ , ~ ~ cruitin and train- eneral mana er. - ~ • - ~.r_ , ~ in ro rams for 'IIarry has played :z°°,`~', f tir:.•:~ J- ~ , k g P g ~ ~ u,,., ~...r~~r-s _ - ~ i:_ : - er~.v _ ~ t `ar~~'::~~ i:•~=;: ~...yr T, -3, ~-=fiyc:=:.h: } "'~-~;~'_:i::i:'•.~Ca. marketing staff and an instrumental ~.t~1.c salespeople are un- role in helping us CYPRESS HARBOUR, planned for 400 units-plus, will be derway. achieve the gratifying success we have h~ORI's third and largest VO project in Orlando. The latest batch experienced in the last five years." of new projects Cohen will hold overall responsibility ra Resa]e program. MORI is one of the very won't be the last. Miller said negotiations for for all Marriott Ownership Resorts fe~v VO developers to offer a meaningful additional projects are in process, and the marketing efforts nationally and new resale program. It is expected to generate S5 company continues to seek new properties business developments internationally. to S 10 million in resales this year (in addi- throughout North America. He reports directly to Miller. Lion to more than S 100 million in new sales), Although he did not say so, it would seem Cohen has been involved in real estate according to Miller. that certain prime destinations where the marketing for over 20 years. He joined With all these basic elements in its pocket, company has not yet announced locations American Resorts in 1983 as director of MORI appears well positioned to roll out but is known to be looking for properties telemarketing. When AR was acquired new projects. and/or sites Hawaii, for example would by Marriott in 1984, he continued in his It now has a total staff of about 500, up have very high priority. telemarketing position unti11986, when from 300 a year ago. Miller says the ranks 1iD estimates that only two other vacation he was named director of marketing of MORI's administrative, support, and ownership companies, Fairfield and General services, and later national director of product development staffs are now pretty Development, probably will be in the S100 marketing. He continues to be based at well filled out million-plus class this year, and that would MORI headquarters in Lakeland, Yet some people in the industry wonder if place MORI among the industry's top three Florida. MORI has the marketing and sales resources operators in 1990. New MORI VO projects ¦ Paradise Island Beach Club, closed sales in California is believed to be Bahamas. MORI is negotiating to acquire on or ahead of projections. Continued from previous page the remaining inventory of about 40 exist- Sold out MORI properties include: Hil- ¦ Unnamed project, Hilton Head Is- ing units of this development as well as ton Head Island 122-unit Monarch at land. MORI plans to develop a major VO adjacent land where an additional 130 Sea Pines, 36-unit The Heritage Club, and project on a 25-acre oceanfront property units could be built. It would be the firm's (nearly sold out) 40-unit~Harbour Club at that is now the site of Hilton Head Inn. The second VO location outside the U.S. Harbour Town. Orlando 80-unit Sabal development will either be a hotel plus 190 MORI also announced the recent grand Palms and 123-unit Royal Palms. VO condos or 290 VO condos in either opening of the first 28 case, it will be the largest of four timeshare villas of its planned 236- projecu MORI has developed to date on villa resort next to Hilton Head Island. Sales probably will Marriott's Desert begin late this year. Springs Resort & Spa. r -t ~ ~ ~ - _ .,,,4~~j~ - ¦ Harbour Pointe, Hilton Head Island. The project opened for ~ • ' •s MORI has purchased the land for the final reservation sales early 25-unitphaseof Harbour Point,adevelop- last summer and ment started by The Bytne Corporation, received an OK in Oc- ~ ~ r ~ ~ i~~u ~ which now has 86 units in three buildings. tuber from California's . - ''s` ~ For MORI, Harbour Pointe's 25 new unite DRE to begin closing ~ _ _ will bridge the gap between the approach- sales. Althoug:: cum- _ - _ _ pa y sources acknow- ~ rs#.,.z~ ing sellout of its 40-unit Harbour Club at n _ : • r- v ~~V ~~~~~~;~i~~ ~ Harbour Town and its planned new project ledge some fallout in - on the Hilton Head Inn property (see sales reservations, the FIRST 28 UNITS of MORI's Desert "pr~~gs facility above). overall volume of in Colifornia'were completed recently. 'Resort Development - ApriU9 ~ ~.-~'A~ ~~~~r- ~ - /~j}` ' SEA PIKES REALTY A Sea Pr'~~s Company August 29, 1988 Mr. Ben Lagos ~ ' President - Palm Desert-Rancho Mirage-Indian Wells Board of Realtors, Inc. 44-475 Monterey Avenue Palm Desert, CA 92260 Dear Mr. Lagos: When Marriott Ownership Resorts, Inc. asked me to comment on the inter-relationship of Marriott's ownership resorts, the real estate community, and the community at large, it was an assignment I accepted with pleasure. Sea Pines Plantation on Hilton Head Island is the Island's original plantation community, and set the standard for gated communities all over the country. As a small and selective community, Sea Pines Plantation is particularly sensitive to the balance of its residential, resort and commercial components. Marriott's initial vacation ownership resort, Monarch at Sea Pines, proved to be not only a complement to our most prestigious oceanfront neighborhood of private homes and villas, but also the source of business for The Sea Pines Real Estate Companies, of • which I am president. Our companies specialize in Plantation properties, with particular emphasis on Sea Pines Plantation. In 1987 we were responsible for approximately $175 million in sales: one half of all MLS sales recorded on Hilton Head Island. A portion of that business derives from Monarch owners who were Continued 20 Sea Pines Grcle, Hilwn Head Island, SC 29928, (803) 78i-3334 Mr. Ben Lagos August 29, 1988 attracted to Hilton Head Island as short-term residents, fell in love With the Island, and elected to make it a longer-term base: either as permanent or second-home residents. Their demographics are in keeping with our typical Sea Pines Plantation property owner, whose profile is upscale in income, education, and _ sophistication. The transition from vacation owner to permanent resident has been a pleasant one for everyone concerned. Monarch generates other sources of real estate business. ' Approximately 75~ of the people who come to the Island to look at Monarch elect instead to look at longer-range property ownership. And guests of Monarch's owners often take the occasion to investigate the purchase of Island property. The constant maintenance and updating of Marriott ownership properties is a key point in their attractiveness to neighboring property owners, to the value of their property, and to the community as a whole. Marriott's maintenance and management standards are exemplary. Marriott's newest ownership resort, Heritage Club at Harbour'Town [also in Sea Pines Plantation] is very much in keeping with fits neighbors at one of the most prestigious yacht basin developments on the East Coast. The demographics of its owners are, to the best of my knowledge, the highest of any ownership resort in'the country. We look forward to serving the continuing number of people who will be attracted to the Island by Marriott, and who will eventually elect to make it their home. ~ r . Sincerely, f~~~~~ Paul T. Franks President rlr:pc • , ;~.1 . ~j . 499 ~ {~i ` ~ ..R _,_v. ° a~EA_NFitOi~?T III SEA PI~~ES • . August 29, 1988 Col. Russell E. Sweetman c/o Mid-American Building Corporation 58 East Franklin Street Centerville, Ohio 45459 To the Members of the Palm Desert City Council: I understand that Marriott Ownership Resorts, Inc. has selected Palm Desert for the location of a new ownership resort. Having served as an elected municipal official for sixteen pears, I understand pour concern and applaud your effort to keep pour community in high esteem. It has been my experience, both as a long-time owner and as past chairman of the homeowners'.association at Marriott's Monarch in Sea Pines Plantation, that Marriott provides exemplary management and maintenance at its vacation ownership properties. Interiors are continuously refurbished, exteriors are kept in excellent repair, and landscaping is well attended to. In addition, Marriott's staff is courteous and businesslike. My family has enjoyed this beautiful oceanfront resort almost since its inception, and I'm sure I speak for all of Monarch's owners when I say. that we look forward to many pears of good relationship with Marriott. S nce ely, ~ ~ ~ ~r ~ i C .Russell E. Sweetman 1 22 PETER )AMAR ASSOCIATES, INC. PLANNING, DEVELOPMENT ANALYSIS, RESEARCH rjEMORANDUM I TO: IGtISTAN PRITZ II FROM: r'r.YER JAMAR DATE: JULY 10, 1990 RE: MARRIOTT MARK RESORT EXPANSION AND RENOVATION - SPECIAL DEVELOPMENT DISTRICT #7 As a result of the Town Council's review of the project and in response to several suggestions made by members of the Town Council we would like to propose the following four revisions, c~.??.,.itments, and clarifications. 1. GRFA. The previous GRFA total proposed was 67,200 square feet, excluding the 4,000 square feet for the ten employee units. After further study and analysis of the floor plans we propose to reduce this total to 58,800 square feet. 2. ARCHITECTURAL FEATURES OF EXISTING HOTEL EXTERIOR. It has been suggested that, in addition to our previous c,,.....,.itment to repaint the exterior of the existing hotel, we study possible alteration of the balconies in order to improve the building's appearance. We feel that this is an excellent suggestion and we are investigating various design solutions. We will have a specific design to propose in the next few days. 3. TIMESHARING. Due to several questions regarding the timeshare nature of the expansion we have prepared an informational memorandum addressing specific questions. This memorandum is attached and can be included in this week's Town Council packet. Suite 308, Vail National Bank Building 108 South Frontage Road West Vail, Colorado 61657 . (303) 476-7154 Memorandum to Kristan Pritz July 9, 1990 Page 2 4. Sri TURN LANE. Asa point of clarification, we fully understand that if for some reason an overall funding strategy for Frontage Road improvements is not established prior to issuance of our C.O., we may be responsible for 100$ of the cost of the left turn lane off of Frontage Road to West Lionshead Circle with aright of reimbursement for costs exceeding "our fair share" at some future date should an overall funding mechanism be put into place. Please let me know if you have any questions regarding these five items or any other aspect of the project. w TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 1990 RE: A request for a major amendment to Special Development District No. 7 (The Marriott Mark Resort) in order to add 56 timeshare units and 10 employee housing units at 714 West Lionshead Circle, Lot 4, 7, C, D, Block 1, Vail-Lionshead 3rd Filing. Applicant: MK Corporation, Kaiser Marcus, and the Marriott Corporation I. INTRODUCTION A. Protiosal Below is a summary of the proposal: 56 timeshare units each having 1200 sq. ft. for a total of 67,200 sq. ft. of GRFA. One week timeshare intervals are proposed for each unit (50 intervals/unit/year). All timeshare units shall meet Town of Vail Ordinances governing timeshare. ` 10 employee units at 400 sq. ft. each for a total of 4000 sq. ft. of GRFA. Units are permanently restricted as employee housing. Replace two of the western most tennis courts with landscaping to create an open green space area. Landscape improvements around the pool area. ` Pedestrian path connections for general public use throughout the project. " Pocket Park for public seating adjacent to the Lionshead Recreational Path located on Town of Vail property. 127 additional parking spaces which provides 2 spaces per dwelling unit and 1.5 spaces per employee unit per Town of Vail code. 5 spaces are valet. Landscaped terraces are proposed to cover the parking. Regrading and revegetation of hillside adjacent to Town of Vail Recreation Path along Gore Creek. 1 " No wood-burning fireplaces are proposed for any of the units. This addition would be located on the west end of the property and built primarily over the existing parking structure. Since the Planning and Environmental Commission review of the proposal on April 9, 1990, the following changes have been made: " Decreased timeshare units from 57 to 56 units. " Decreased GRFA from 74,205 sq. ft. to 71,200 sq. ft. for a net decrease of 3,005 sq. ft. " Decreased height from 58 to 48 feet. " Increase in employee units from 8 to 10, units. " Commitment to participate on a fair-share basis in the provision of a west bound turn-lane on the South Frontage Road. " C,...W.itment to repaint the entire existing Marriott Complex to compliment the new building. " Significant changes to the massing and architectural style of the expansion. " Completely enclosed parking area on west elevation. These changes were made in response to comments from the Planning and Environmental Commission as well as adjacent property owners. As outlined in the SDD section of the zoning code, the following nine criteria are to be used in evaluating the merit of the Special Development District. It is the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. 2 Development Statistics Site Area: 5.17 Acres 225,205 sq. ft.' Existing Proposed Development Development dotal Accommodation Units 248 0 248 Dwelling Units 53 56 109 Employee Units 0 10 10 GRFA 134,000 71,200 205,200 Meeting Room (sq.ft.) 12,000 0 12,000 Ancillary Retail (sq.ft.) 1,500 0 1,500 Restaurant/Bar (seats) 426 0 426 Parking Spaces 273 127 400 II. SPECIAL DEVELOPMENT DISTRICT CRITERIA A. Design comtiatibility and sensitivity to the immediate environment. neighborhood and adjacent tiromerties relative to architectural design. scale. bulk. building height. buffer zones. identity. character, visual integrity and orientation. The Planning and Environmental Commission, staff, and adjacent property owners had concerns about the height and mass of the building. In response to these comments, the applicant has decreased the height from 58 to 48 feet. The mass of the project has been centered in the existing parking structure footprint. As with the original proposal, the mass and height of the proposed expansion have been designed to "step- down" from the existing 7-story hotel to a three to four story element along Gore Creek. 3 it I In respect to setbacks, on the south side "Gore Creek ~ side", the new building maintains a 20 ft. to 43 ft. setback. On the side of the project adjacent to the Vail Associates parking lot, the expansion of the parking structure would continue an existing 5 foot setback. The actual timeshare building on the southwest corner of the property maintains a minimum 20 foot setback. The north side or west Lionshead Circle side of the project maintains a 35' setback: i View studies have been completed from a variety of vantage points. The addition conceals the existing parking structure and eliminates any open parking on the site except for a few spaces on the north elevation. The addition of any new structure will have some degree of impact on views. There are no major negative impacts on views from public spaces. When walking along west Lionshead Circle in front of the project, instead of seeing exposed cars, one will view a three story building. The view analysis indicates that the vantage points from the interstate~,and the Frontage Road are not affected greatly. The view of the Mountain and ski slopes is substantially maintained. There are some impacts on views from the Antlers (looking towards Red Sandstone Mountain), the residential area along Forest Road (looking'Itoward Potato Patch), and the Vail Spa (looking toward Vail Mountain). From these vantage points, the proposed building is blocking either a view of the existing parking structure or other commercial or residential development. Obstruction of views of undeveloped mountain sides does occur in some areas. By terracing the building down to Gore Creek to relate to the lower density development on Forest Road and also the public recreational path and stream corridor, the applicant has responded to view concerns raised by the public at previous reviews by lowering the height of the building by 10 feet. The architecture of the proposed addition does not mimic the existing hotel. Instead, the applicant proposes to relate the two buildings by the 'use of complimentary colors. The applicant has agreed to repaint the entire existing Marriott project in a manner which will compliment the proposed expansion. i 4 ` B. Uses, activity and density which provide a compatible, efficient and workable ~elationshiu with surrounding uses and activity. Density The residential uses proposed for this facility are consistent and compatible with surrounding development. Located in the Lionshead area, overnight lodging acc~..~.odations are appropriate for this site. One of Vail's major mixed use activity centers, Lionshead is centrally located and well served by the Towns transit system. At the present time, the site is developed to approximately 34.2 units per acre. The development proposed with this amendment would increase the site density to approximately 47 units per acre (this includes the 10 employee units). This level of development exceeds that permitted by the Town's highest density residential district (PA or HDMF, 25 dwelling units per acre). However, 47 units per acre is not unprecedented. The Lionsquare Lodge is developed at 55 units per acre, the Antlers is at 60.5 units per acre, the Doubletree is 51 units per acre, and Vantage Point is at 71 units per acre. The Vail Spa directly to the north is at 17.2 units per acre and the Enzian is at 31.4 units per acre. However, looking only at units/acre misses many important planning issues. The relationship of the building to the site and surrounding neighborhood is extremely important. Staff believes this project relates positively to the specific site and surrounding neighbors. The density proposed for this site is much greater than the low density development on the south side of Gore Creek. Gore Creek provides a natural buffer between the low density residential development along Forest Road and the entire Lionshead area. This open space provides an adequate buffer between these two residential areas. Gore Creek also serves as a natural barrier defining the physical limits of the Lionshead core area. Please see the attached chart indicating the existing development on adjacent properties attached to the zoning memo. Timeshare The proposed timeshare use is acceptable to staff. Timeshare would only be allowed in the new west building through this amendment. Any additional timeshare would require that the applicant amend the SDD. This use is encouraged by the Land Use Plan. The applicant has agreed to comply with all conditions of 5 Town of Vail Ordinances governing timeshare. Timeshare projects generally retain a higher year round occupancy than any other tourist accommodation use and this use fits well within Vail's policies to level off seasonalities of guest visits. Em~lovee Housincr Originally, the staff requested seven employee housing units. The applicant is proposing 10 units or 17.8$. The Housing Task Force is discussing a possibility of a 20$ or greater housing requirement for SDDs: The Marriott proposal has been evolving at the same time that the Housing Task Force has been refining its policy recommendations. The staff opinion is that the applicant is providing 10 high quality employee units, permanently restricted. We believe the applicant has taken the staff's original request of seven units (March 1990) and increased the amount to l0~units which is appropriate for this SDD. The 56 timeshare units will generate an employee demand of 5 to 7 additional employees. This is due in part to the fact that the existing Marriott will provide most of the services for the timeshare project. The employee demand generated by the expansion is met by the 10 units. C. Compliance with parking and loading requirements as outlined in Chapter 18.52. Assuming 1.5 parking space for each of the 10 employee units, and two parking spaces for each of the 56 timeshare units (as per zoning requirements), the new parking requirement for the proposed addition is 127 spaces. The expansion of the existing structure will satisfy this requirement. To the best of staff's knowledge, the parking required through previous approvals has all been constructed (273 spaces). As required by existing SDD No. 7 there are'to be 273 parking spaces on the Marriott property. As with any property, the management and control of parking spaces is critical to their efficient use. At the present time, the westerly parking structure provides a very inviting environment for illegal parking. Locating a building over the structure should provide greater control and increase efficiency in how these spaces are utilized. Two loading areas presently exist. Staff will also require that the screening of loading areas~be addressed by the applicant at DRB. In particular, the loading area on West Lionshead Circle to the east of the main hotel's entry must be landscaped and fenced. 6 I i i i. D. Conformity with an~licable elements of the Vail Comprehensive Plan. Town t~olicies and Urban Desictn Plans. The Vail Land Use Plan is the most relevant document to be used in evaluating this development proposal. The project is consistent with a number of goals outlined in this document: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.1 The community should emphasize its role as a destination resort while acc~....,.odating the' visitors. 4.2 Increased density in the Core areas is acceptable so long as the existing character is preserved through implementation of the Urban Design Guide Plan and the Vail Village Master Plan. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and is appropriate in new areas where high hazards do not exist. 5.2 Quality timeshare units should be accommodated to keep occupancy rates up. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at various sites throughout the community. 7 These goal statements provide the fundamental framework to be used in determining whether or not additional density is appropriate on this site. As reflected in the above goals, this proposal is very consistent with the direction provided in the Land Use Plan *Please note that the Lionshead Urban Design Guide Plan does not apply to this property. E. ,~dPnfi.i.fica;ti.~n, anti m.i,tigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. This property is not affected by any natural and/or geologic hazards that have been identified within the Town of Vail. F. Site plan. building design and location and open space rr.ova.s.i..ons designed to produce a functionalldevelopment responsive and sensitive to natural featuresi vegetation and overall aesthetic quality oflthe community. The site planning for the addition has changed in that a major portion of the addition has been centered over the existing parking structure. The location of the mass and bulk of the building in this area has allowed the designer to reduce the height by ten feet. It has also helped to reduce the building mass along Gore Creek. A portion of the new development is proposed on what is now undeveloped open space directly south of the existing parking structure. Several aspens will be removed to allow for the building. However; this open space is generally not accessible and not an aesthetically pleasing area. A major element of the proposal's landscape plan is the elimination of two tennis courts. Converting this area to functional green space will more than off-set the loss of open space south of the parking structure. A major concern of the staff is the physical relationship of the building addition to Gore Creek and the recreational trail. Originally proposed at 5 stories and within 5 feet of the property line, the addition would have seriously impacted the enjoyment of this trail. The building is now 20-40 feet from the rear property line. The building is approximately 50- 60 feet from the. recreational trail. The south facade is three and four stories. The location and mass of the building now provides for a comfortable relationship with the recreational trail. 8 t. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Improvements to the pedestrian circulation system include a path connecting to the Gore Creek bike path, a walkway through the proposed development connecting the West Day Lot with other parts of Lionshead, and the development of a sidewalk along West Lionshead Circle connecting to an existing sidewalk on the South Frontage Road. This improvement is located off the applicants property. These improvements are designed to serve not only the proposed development, but also to improve pedestrian circulation throughout this area of Lionshead. Staff would suggest that the applicant include a pedestrian connection between the west day lot and the lower level of the parking structure to allow for easier pedestrian access. We would also ask that the owner provide a public pedestrian easement through the property. Internal vehicular circulation will also be improved by redesigning the existing parking structure. Currently each level is accessed individually, resulting in difficult circulation patterns. The proposed modifications to the structure will introduce internal circulation between the three levels of the structure. An assessment of the potential traffic impacts of this development has been included as a part of the environmental impact report. A March 9 addendum to this report indicates that a westbound left turn lane off of the S. Frontage Road onto West Lionshead Circle is needed today based on existing traffic volume. Currently, 35 vehicles make this left turn during the p.m. peak hour. This development would increase this situation by 20$, to 42 vehicles during the p.m. peak hour. Based on the State of Colorado Access Code, a left turn lane is warranted with more than 30 turns per hour. Given the 20$ increase in this left turn activity, there is no question that this improvement must be completed before the proposed expansion receives a Temporary Certificate of Occupancy. However, the Marriott addition is not the sole contributor to the need for the left turn lane. Town buses, the West Day Lot and a number of other properties are creating the need for this lane. Because the Marriott is the "last guy in the door" does not justify requiring them to 9 fund and construct 100$ of this improvement. The Marriott is responsible for, and is willing to contribute to, their fair share of the expense in constructing this improvement. There are a number of alternatives for how this improvement can be implemented. The main issue with each of these alternatives is with regard to the timing of the improvement. The Town will be completing a comprehensive transportation plan for the Frontage Road this fall. It is very likely that this improvement will be identified by this plan. However, the Town is in no position to commit to funding or a specific schedule would assure this improvement is in place prior to completion of the Marriott facility. This essentially puts the burden on the applicant to develop some mechanism for assuring that the turn lane is completed when the addition is finished. The simplest way to accomplish this is for the Marriott to fund 100 of this improvement. However, this is not an equitable solution. Other alternatives involving the participation of the Marriott, surrounding property owners, and the Town are possible, and should be explored to arrive at an equitable solution H. Functional and aesthetic landsca~ina and omen space in order to otitimize and tireserve natural features, recreation, views and functions. There are a number of significant improvements proposed to landscaping and open space throughout this site. Foremost among these is the conversion of two tennis courts to green space areas, a pocket parkjpull off area to be developed along the Gore Creek trail, landscape improvements to the berm around the proposed addition, and landscape improvements along Lionshead Circle throughout the length of the property. These changes will provide not only functional open space, but also aesthetic improvements to the situ. The pocket park is a positive addition. Staff would like to see a picnic area added to the pocket park and more landscaping. The developer has also agreed with the staff's requirement that the stream bank be " regraded and revegetated this summer. The drainage walls and pipes will also be cleaned and integrated into the slope. I 10 ,i In addition, more landscaping is required along the west elevation of the structure. A mix of aspens, shrubs and evergreens is appropriate. Staff acknowledges that the space for planting is only 5 feet. However, more landscaping and a variety of materials are necessary. I. ~hasinct elan or subdivision elan that will maintain a workable, functional and efficient relationship throucthout the development of the special development district. As proposed, the addition and all related site improvements are to be completed in one construction phase. V. ENVIRONMENTAL IMPACT REPORT The Environmental Impact Report prepared by Peter Jamar Associates (Revised May 10, 1990) summarizes any impacts and proposed mitigation on p. 32 of the report. The primary impact areas relate to views, traffic, and the question of additional density. These issues are reviewed by staff in Sections IIA-Views, IIC & G-Traffic, and IIB-Density. All mitigation measures proposed in the EIR shall be incorporated into the SDD. • VI. STAFF RECOMMENDATION In evaluating this proposal, one must first consider the fundamental question of whether or not additional development should be considered in Lionshead on this site. Based on the goals of the Vail Land Use Plan, it is appropriate to consider a request of this nature. A number of goal statements support the concept of timeshare units and infill development in the Core areas. The task at hand then, is to evaluate whether the design of this project is sensitive to all applicable criteria outlined in the SDD section of the zoning code. A review of the SDD criteria indicates that this project is consistent with the purpose and intent of this zone district. A number of issues have been raised by the PEC and staff during the review of this project. In each case these concerns have been addressed by the applicant in a manner that is consistent with the Design Criteria. Parking, circulation, height and massing, view impacts, employee housing, and landscaping/open space have all been addressed by this development plan. it Staff must emphasis the uniqueness of the Marriott Mark situation. There are very few sites within the Town of Vail that have the capability to add this type of density. Staff believes that there are unique characteristics related to this site that make it possible to add a proposal of this scale. Unique factors include: 1. The existing parking structure is in a location that would actually be improved in appearance with this expansion. The site is very well suited for infill development. ~ 2. The Lionshead area (excluding the Forest Road neighborhood) has similar lodging uses, mass, bulk and units per acre which are compatible with this type of addition. 3. The applicant has maintained a 48 foot height which does not exceed the limits of the Town's highest density zone district (HDMF or Public Acc......:.odation zoning). 4. The proposed use is in keeping with the Land Use plan goals calling for additional timeshare units and other Land Use policies as listed in Section IID of the memo. 5. The Environmental Impact Report and staff review have not identified any major negative impacts with the project. Any impacts that have been determined by the environmental impact report have been mitigated in a reasonable fashion. 6. The project meets parking, setbacks (except on the east side by the parking structure), site coverage and landscaping requirements. In fact, the minimum requirements for site coverage and landscaping are substantially exceeded by the project. ~ 7. The site has good vehicular and pedestrian access. Vehicular traffic will use the Frontage Road. It is not necessary to access the site through a low density residential neighborhood. 8. The site is located near all of the services and a primary ski base area, Lionshead. It is very appropriate to allow for infill developmentlin an area that already has a wide variety of guest sea ices. Staff feels it is critical to identify the uniqueness of this special Development District to ensure that density increases are not deemed automatically acceptable by using the Special Development district process. 12 I y It is also important to identify the "public benefit~~ which results from this project. Below is a list of the benefits which are derived from this proposal: The substantial upgrade of landscaping on the Marriott property as well as area adjacent to the recreational path along Gore Creek owned by the town of Vail. The provision of public walkways along west Lionshead Circle through the center of the Marriott site from the West Day Lot. ` The entire repainting of the existing Marriott Project to compliment the proposed expansion. ` Enclosure of the existing surface parking and the addition of landscaped and open area above the parking. This is achieved by the landscaped terraces over the parking area as well as the elimination of two tennis courts. The provision of 10 employee housing units which have been fully counted in the density and GRFA for the project. ` The provision of additional high quality timeshare units which diversify the existing unit type and mix and provide Vail with additional destination guests year-round per the Land Use plan goal 5.2. Staff recommends approval of this proposed amendment with the stipulation that the developers/owner meet the following conditions: 1. Deed restrictions limiting the use of the ten employee units to long term employee rentals in perpetuity shall be recorded prior to the issuance of a building permit. The units shall meet the conditions for employee housing outlined in Section 18.13.080 B10 a-d of the Zoning Code except that the units are restricted permanently. 2. A detailed drainage plan and other design issues relevant to public works concerns shall be submitted and approved prior to the issuance of a building permit. Pollution control devises shall be incorporated into the parking garage per the EIR. The creek shall be protected from any construction impacts by the use of an erosion control plan. 13 3. Working in coordination with the Town staff the 1 applicant shall fund and conduct a comprehensive traffic study of the West Lionshead Circle area suitable for determining the Marriott Mark's contribution to the cost of constructing any necessary turn lanes on the S. Frontage Road to West Lionshead Circle. Preliminary design and cost estimates for the turn lanes shall be provided. At a minimum; the applicant shall be responsible for contributing this agreed upon amount toward the cost of this improvement. 4. A preliminary design and funding strategy for constructing any turn lanes shall be established prior to the issuance of any building permit, and the turn lanes shall be completed prior to the issuance of a Temporary Certificate of Occupancy. The funding and construction plan must be approved by the Town of Vail engineer, Community Development Department, Town Council, and Colorado Division of Highways before the building permit is released for the expansion. The applicant shall be required to submit a~CDOH access permit application on behalf of the Town for the West Lionshead Circle/South Frontage Road improvement. A signed CDOH permit must be obtained by the applicant before a building permit is released. I• 5. All aspects related to the timesharing of this facility shall comply with all applicable town ordinances that regulate timeshare activity. Timeshare is only approved for the proposed 56 unit building. The 10 employee units shall not be allowed to convict to timeshare. 6. Any landscaping proposed on Town of Vail land shall be submitted by the applicant to the Town of Vail landscape architect and engineer for approval before the proposal is submitted to the Design Review Board. All landscaping proposed on Town of Vail land shall be maintained by the applicant. 7. The applicant shall agree to regrade, revegetate, and repair the drainage on the bank adjacent to the bike path along the southern property line of the Marriott Mark by August 1, 1990. A letter of credit shall be submitted to the Town of Vail before second reading of the SDD ordinance. The landscape and drainage work shall be submitted to the flown Engineer andl,Landscape Architect for approval before the proposal is presented to Design Review Board. 14 r " 8. A temporary certificate of.occupancy shall not be released for the expansion until all site improvements have been completed such as sidewalks, landscaping, drainage etc. If the weather prohibits the completion of the site improvements, the applicant shall be required to provide a letter of credit to cover 125$ of the construction costs for these improvements. The construction estimate shall be reviewed by the Town Engineer and Landscape Architect. The agreement stipulating how the site improvements will be completed and letter of credit shall be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy may be released. 9. Before a temporary certificate of occupancy is released, the applicant shall plat a public easement to insure public access through the site on the proposed sidewalk improvements. The applicant shall submit the easement agreement to the Town Attorney and Town Council for approval before recording the easement. 10. In addition, the staff recommends that the DEsign Review Board address the following design issues if the project proceeds to DRB: ` Additional landscaping shall be addressed along the west elevation of the parking structure. A mix of deciduous, evergreens, and shrubs should be provided of a size adequate to screen the structure as much as possible. " Landscaping beyond sod should be provided on the landscape terraces over the parking if possible structurally. " All loading areas should have additional landscaping and screen fencing if necessary. The loading area to the south of the Enzian or L'Ostello should be fenced. " Pedestrian access should be provided from the West Day Lot through the lowest level of the parking structure. " The entry stair on the north elevation should be decreased in width to allow more landscaping. " The north elevation adjacent to the parking structure stair should have more windows. Landscaping should be planted along the stairway and building. 15 C'HART 1 . COMPARISON BETka~:.~ PEC 4/9/90 AND 6/11/90 PROPOSALS ~l EXISTING PEC 4/9/90 PEC 6/11/90 TOTAL KITH TOTAL DEVELOPMENT PROPOSAL PROPOSAL 4/9/90 PROPOSAL 6/11/90 PROPOSAL blter:.tENC ACCOMMODATION ..r~~.J 248 0 0 248 248 O DWELLING UNITS 53 57 56 110 109 (1j EMPLOYEE UNITS O 8 10 8 10 2 GRFA* 134000 74205 71200 208205 205200 (3005) MEETING ROOM (SQ. FT.) 12000 0 O 12000 12000 0 RETAIL (SQ. !"1'.) 1500 0 0 1500 1500 0 RESTAURANT BAR (SEATS) 426 0 0 426 426 0 PARKING SPACES 273 122 127 39S 400 5 SITE COVERAGE 83997 (37~) 16773 16773 100770 100770 OR 45t 0 HEIGHT 85 FT 58 FT 48 FT (10 FT) 7 STORIES SETBACKS PER DEV PLAN S~~^~...; 20°-43° 3V~uu~: 20°-43° EAST: N/A EAST: N/A WEST: 5° PAnr~dG WEST; 5° PARKING 20° BUILDING 20° BUILDING NORTH: 35°MINIMJM N•~s..a: 35°MINIMUM *GRFA INCLUDES EMPLOYEE UNITS REVISED 7/13/90 TO: Vail Town Council FROM: Community Development Department DATE: June 19, 1990 RE: Summary of Planning Commission action on a request for a major amendment to Special Development District No. 7 (The Marriott Mark Resort) in order to add 56 timeshare units and 10 employee housing units at 714 West Lionshead Circle, Lot 4, 7, C, D, Block 1, Vail- Lionshead 3rd Filing. On June 11, 1990, the Planning and Environmental Commission recommended approval of this request with conditions. The motion was made by Kathy Warren and seconded by Jim Shearer. The vote was 4-1 for approval of the motion. Connie Knight voted against the motion, Chuck Crist abstained and Ludwig Kurz was absent. Connie Knight voted against the request due to her concern about the overages in GRFA (70,077 sq. ft. over HDMF allowed GRFA), units per acre (22 units above allowable under HDMF), and the number of units (115 units over HDMF allowable). Below is a list of the Planning and Environmental Commission's changes to the staff conditions for the SDD. The PEC's changes have been indicated in bold type. 1. Deed restrictions limiting the use of the ten employee units to long term employee rentals in perpetuity shall be recorded prior to the issuance of a building permit. The units shall meet the conditions for employee housing outlined in Section 18.13.080 B10 a-d of the Zoning Code except that the units are restricted permanently. 2. A detailed drainage plan and other design issues relevant to public works concerns shall be submitted and approved prior to the issuance of a building permit. Pollution control devises shall be incorporated into the parking garage per the EIR. The creek shall be protected from any construction impacts by the use of an erosion control plan. 3. Working in coordination with the Town staff, the applicant shall fund and conduct a comprehensive traffic study of the West Lionshead Circle area suitable for determining the Marriott Mark's contribution to the cost of constructing any necessary turn lanes on the S. Frontage Road to West Lionshead Circle. Preliminary design and cost estimates for the turn lanes shall be provided. At a minimum, the applicant shall be responsible for contributing this agreed upon amount toward the cost of this improvement. 1 i i ~ i 1 4. A preliminary design and funding strategy for constructing any turn lanes shall be established prior to the ;issuance of any building permit, and the turn lanes shall be 'completed prior to the issuance of a Temporary Certificate!of Occupancy unless deferred by the Community Development Department and Public Works. The funding and construction plan must be approved by the Town of Vail engineer, Community Development Department, Town Council, and Colorado Division of Highways before the building permit is released for the expansion. ~ The applicant shall be required to submit a CDOH~access permit application on behalf of the Town for the !West Lionshead Circle/South Frontage Road improvement.! A signed CDOH permit must be obtained by the applicant before a building permit is released unless deferred by the Community Development Department and Public Works. ~ 5. All aspects related to the timesharing of this facility shall comply with all applicable town ordinancesjthat regulate timeshare activity. Timeshare is only approved for the proposed 56 unit building. The 10 employee units shall not be allowed to convert to timeshare. j i 6. (Axe ~ax~agi~g) Detailed landscaping similar to the Westin Hotel landscaping along the recreation path proposed on Town of Vail land shall be submitted by the applicant~to the Town of Vail landscape architect and engineer for approval before the proposal is submitted to the Design Review Board. All landscaping proposed on Town of Vail land shall be maintained by the applicant. ~ 7. The applicant shall agree to regrade, revegetate, and repair the drainage on the bank adjacent to the bike path along the southern property line of the Marriott Mark by August 1, 1990. A letter of credit shall be submitted to the Town of Vail before second reading of the SDD ordinance. The landscape and drainage work shall be submitted to the Town Engineer and Landscape Architect for approval before the proposal is presented to Design Review Board. 8. A temporary certificate of occupancy shall not be released for the expansion until all site improvements have been completed such as sidewalks, landscaping, drainage etc. If the weather prohibits the completion of the site; improvements, the applicant shall be required to ;provide a letter of credit to cover 125$ of the construction costs for these improvements. The construction estimate sYiall be reviewed by the Town Engineer and Landscape Architect. The agreement stipulating how the site improvements will be completed and letter of credit shall be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy may be released. 9. Before a temporary certificate of occupancy is released, the applicant shall plat a public easement to insure ;public access through the site on the proposed sidewalk' improvements. The applican~ shall submit the easement I 10. Marketing language for the sale of the timeshare units shall be submitted by the Town Attorney by the applicant for approval. This wording governing the marketing of the timesharing shall be added to the 8DD Ordinance. 11. No amplification of sound on the greenspace created by the removal of the two tennis courts shall be allowed for conventions or other special events. The following items were staff recommendations to the Design Review Board if the project proceeded to that review level. The Planning Commission changed these recommendations to conditions of approval. 12. Significant landscaping including evergreens, deciduous trees, and shrubs shall be provided on the landscape terraces over the parking area. If additional structural support must be added to the terraces to support significant landscaping (as described in the previous sentence), the applicant/owner shall be required to strengthen the structure of the terrace to allow for the landscaping. 13. Additional landscaping shall be provided along the west elevation of the parking structure. A mix of deciduous, evergreens, and shrubs shall be provided of a size adequate to screen the structure as much as possible. The applicant is directed to work with Vail Associates on the landscaping buffer. 14. All loading areas shall have additional landscaping and screen fencing. 15. The amendments to Special Development District No. 7 are approved conditional upon Planning and Environmental Commission and Town Council giving approval to the underlying zone district request. 16. The ballast on the existing building shall be changed to match the color of the metal roof of the proposed addition. In addition, the staff and PEC recommend that the Design Review Board address the following design issues if the project proceeds to DRB: " Pedestrian access should be provided from the West Day Lot through the lowest level of the parking structure. " The entry stair on the north elevation should be decreased in width to allow more landscaping. The north elevation adjacent to the parking structure stair should have more windows. Landscaping should be planted along the stairway and building. These conditions of approval have been incorporated into the Special Development District Ordinance. The recommendations to the Design Review Board will be passed onto the DRB by the Community Development Department. 3 ORDINANCE NO. 22 SERIES OF 1990 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 7 COMMONLY REFERRED TO AS THE MARRIOTT MARK RESORT AND THE DEVELOPMENT PLAN IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, Special Development District No. 7 for development of Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing was originally approved by Ordinance No. 3, Series of 1977, and subsequently amended by Ordinance No. 25, Series of 1981 and Ordinance No. 6, Series of 1982; and WHEREAS, the Applicant and Owner (M-K Corporation and Marriott Corporation) desire to make amendments to Special Development District No. 7; and -WHEREAS, the Amendment to Special Development District No. 7 will insure unified and coordinated development within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning Commission has recommended approval of the modification to Special Development District No. 7; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to amend Special Development District No. 7. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: SECTION 1. Amendment procedures fulfilled. Planni.ncr Commission report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No. 7. SECTION 2. Amendment to Prior Ordinances. Amendment Ordinance No. 3, Series of 1977, Ordinance No. 25, Series of 1981 and Ordinance No. 6, Series of 1982 are hereby amended by the addition of Part II to read as follows: A. Special Development District No. 7. Part II of Special Development District No. 7 ("SDD7") and The Development Plan as herein after defined and set forth is hereby approved for the continuing development of Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing located within the Town of Vail consisting of 5.17 acres (225,205 square feet). 1 M B. Puruose. Part, II of SDD7 is hereby established to ensure comprehensive development in the use of an area that will be harmonious with the general character of the Town of Vail and the existing SDD7 and to promote the upgrading and redevelopment of a key property in the Town of Vail. The amendment to SDD7 is regarded as complimentary to the Town by the Town Council and meets all design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of the Amendment to Special Development District No. 7 which cannot be satisfied through the imposition of the standards in the existing SDD7 or under existing zoning. The amendment to SDD7 is compatible with the upgrading and redevelopment of the community while maintaining its unique character. C. Definitions. 1. Time-Share Estate shall be defined as set forth in Section 18.04.420 of the Town MunicipaliCode. 2. Emnlovee Housing Unit shall be defined as follows: A dwelling unit as shown on the Redevelopment Plans, marked as Employee Housing Unit. D. Develoument Plan. 1. A development plan for Part II of SDD7 is approved and shall constitute the plan for the redevelopment of a portion of SDD7. The redevelopment plan is comprised of those plans submitted by Arnold, Gwathmey & Pratt Architects and Dennis Anderson Associates, Inc. as set forth below: a. Landscape Plan by Dennis Anderson Associates, Inc. dated June 4, 1990. b. Site Plan, Floor Plans and Parking Plans by Arnold, Gwathmey & Pratt Architects dated May 14, 1990. c. Elevations and Sections by Arnold,~Gwathmey & Pratt Architects dated May 14, 1990. d. Environmental Impact Report by Peter Jamar Associates, Inc. dated May 10, 1990. The plans listed in .1 through 4 above shall for the purposes of this Ordinance be referred to as "The Development Plan". 2 i 2. The development plan shall adhere to the following: a. Setbacks. Setbacks shall be as noted on the Site Plan listed above. b. Heiaht. Heights of structure shall be as indicated on the elevations listed above but shall not exceed 48 feet measure vertically from existing or finished grade at any given point to the top of the flat roof, mansard roof, or to the highest ridge line of a sloping roof. c. Site Coveraae. Site coverage shall be as indicated on the site plan listed above. d. Landscatiina. The area of the site to be landscaped shall be as indicated on the landscape plan listed above. A detailed landscape plan shall be submitted to the Design Review Board for their approval. e. Parkins and Loadina. Parking and Loading shall be provided as indicated on the site plan and floor plans as listed above. In no case shall the parking provided on the total site as covered by SDD7 be less than 400 spaces. E. Density. The existing development and conditions for SDD7 shall be as defined under Ordinance No. 3, Series of 1977 and under Ordinance No. 26, Series of 1981 and under Ordinance No. 6, Series of 1982. The approval of this Part II of SDD7 shall permit an additional 56 dwelling units which shall be used as time-share estates and 10 dwelling units which shall be used as employee housing units. The 56 dwelling units used for time-share estates shall not exceed 1050 square feet of gross residential floor area per unit for a total of 58,800 square feet of GRFA. The 10 dwelling units used as employee housing shall have a gross residential floor area per unit of approximately 400 square feet, and shall have a maximum total of 4000 square feet of GRFA. F. Permitted. Accessory and Conditional Uses. Time-share Estates and Employee Housing Units shall be the only permitted uses for the 66 dwelling units as set forth in The Development Plans. Accessory and Conditional Uses shall be as set forth in the High Density, Multiple Family Zone District. Any additional requests for time-share units shall require a major amendment to SDD7. 3 i G. Restrictions on Emnlovee Housina Units. 1. No Employee Housing Unit shall be sold, transferred or conveyed unless such sale, transfer or conveyance is to a non-profit Condominium Association formed to manage the 56 time-share estates. 2. No Employee Housing Units shall be leased or rented for any period of less than thirty consecutive days and it shall be rented only to tenants who are full-time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle, Vail, Avon and their surrounding areas. A full time employei is a person who works an average of thirty hours per week. 3. An Employee Housing Unit shall not be divided into any form of time-share estate, interval ownership or fractional fee. 4. The restrictions contained in this Section 23 shall be placed in the Condominium Declaration fir the benefit of the Town of Vail and shall not be changed without the consent of the Town of Vail. 5. Each employee dwelling unit shall have a total gross residential floor area of approximately 400 square feet . 6. The owner/applicant shall submit to the Town Attorney a covenant permanently limiting the use of the ten employee dwelling units to long term employee rentals in perpetuity. Once the covenant is approved by the i Town Attorney, the agreement shall be filed of record in the office of the Eagle County Clerk and Recorder to insure that the restrictions shall run with the land. The covenant shall be recorded prior to the issuance of a building permit for The Development Plan. The covenant shall include the conditions as set forth in Section 2, Paragraphs G 1-5 above. H. Amendments. Amendments to the approved develipment plan shall follow the procedures outlined in Section 18.40.100 of the Vail Municipal Code. 4 I. Conditions of Annroval for SDD7. 1. A detailed drainage plan and other design issues relevant to public works shall be submitted and approved by the Town of Vail prior to the issuance of a building permit. Pollution control devises shall be incorporated into the parking garage per the submitted environmental impact report. Gore Creek shall be protected from any construction impacts by the use of an erosion control plan. 2. Working in coordination with the Town Staff, the applicant shall fund and conduct a comprehensive traffic study of the West Lionshead Circle area suitable for determining the applicant's contribution to the cost of constructing any necessary turn lanes on the South Frontage Road to West Lionshead Circle. Preliminary design and cost estimates for the turn lanes shall be provided by the applicant. At a minimum the applicant shall be responsible for contributing an amount of money to cover the applicant's share of the cost of the road improvements so determined by the comprehensive traffic study for West Lionshead Circle. 3. A preliminary design and funding strategy for constructing any turn lanes shall be established prior to the issuance of any building permit and the turn lanes shall be completed prior to the issuance of a temporary certificate of occupancy for the development plan unless otherwise deferred by the Town of Vail Community Development Department and Public Works. The funding and construction plan must be approved by the Town of Vail engineer, Community Development Department, Town Council and Colorado Division of Highways before the building permit is released for the expansion. The Applicant shall be required to submit a Colorado Department of Highways Access Permit Application on behalf of the Town for the West Lionshead Circle/South Frontage Road Improvement. A signed Colorado Department of Highway permit must be obtained by the applicant before a building permit is released unless such permit is not necessary as confirmed by the Town of Vail Community Development Department and Public Works. 5 l 4. All aspects related to the time-share eitates of this facility shall comply with all applicable Town Ordinances that regulate time-share activity. Time- share estates are only approved for the 56 time-share units. The 10 employee dwelling units shall not be allowed to convert to time-share estatei. Time-share units that are not sold for certain weeks shall be made available to the public as short term rentals. 5. Detailed landscaping similar to the Westin Hotel landscaping along the recreation path pioposed on Town of Vail property shall be submitted by the applicant to the Town of Vail Landscape Architect and Engineer for approval before such proposal is submitted to the Design Review Board. All landscaping proposed on Town of Vail land shall be maintained by the applicant. 6. The applicant agrees to regrade, revegetate and repair the drainage on the bank adjacent to the bike path along the southern property line of the Marriott Mark Hotel by August 1, 1990. A letter of credit in the amount of $ shall be subiitted to the Town of Vail before second reading of this Ordinance. The landscape and drainage work shall bi submitted to the Town Engineer, Landscape Architect and Community Development Department for approval before the proposal is presented to Design Review Board. 7. A temporary certificate of occupancy shall not be released for The Development Plan until all site improvements have been completed such as sidewalks, landscaping and drainage as set forth of the development plans. If the weather prohibits the completion of any improvement, the applicant shall be required to provide a letter of credit to cover 125 of the construction costs for these improvements. The construction estimate shall be reviewed and approved by the Town Engineer and Landscape Architect. The agreement stipulating how and when the improvements will be completed and the dollar amount and form of letter of credit shall be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy may be released for the development plan. 6 ' 8. Before a temporary certificate of occupancy is released the applicant shall plat and record a public easement to ensure public access through SDD7 on the proposed sidewalk improvement on The Development Plan. The applicant shall submit the proposed easement agreement to the Town Attorney and Town Council for approval prior to recording. 9. The applicant shall not market Time-Share Estates on the streets, public ways or public places within the Town of Vail. 10. No amplification of sound on the greenspace created by the removal of the two tennis courts shall be allowed for conventions or other special events. 11. Significant landscaping including evergreens, deciduous trees, and shrubs shall be provided on the landscape terraces over the parking area. If additional structural support must be added to the terraces to support significant landscaping (as described in the previous sentence), the applicant/owner shall be required to strengthen the structure of the terrace to allow for the landscaping. 12. Additional landscaping shall be provided along the west elevation of the parking structure. A mix of deciduous, evergreens, and shrubs shall be provided of a size adequate to screen the structure as much as possible. The applicant is directed to work with Vail Associates on the landscaping buffer. 13. All loading areas shall have additional landscaping and screen fencing. 14. The amendments to Special Development District No. 7 are approved conditional upon Planning and Environmental Commission and Town Council giving approval to the underlying zone district request. 15. The ballast on the existing building shall be changed to match the color of the metal roof of the proposed addition. 7 J 16. The applicant shall repaint the existing Marriott Mark in a manner that is compatible with the new development plan. The applicant shall also modify the existing balcony railings on the Marriott Mark. These two improvements to the existing Marriott Mark shall be incorporated into the Design Review Boad and building permit submittals for the Development Plan. A temporary Certificate of Occupancy shall not be released for the Development Plan until the repainting and balcony railing work is completed. If the weather prohibits the completion of any of the above improvements, the applicant shall be required to provide a letter of credit to cover 1251 of the construction costs for these improvements. The agreement stipulating how and when the improvements will be completed and the dollar amount and form of letter of credit shall be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy may be released for the development plan. J. Limitation on Fireplaces. Wood burning fireplaces shall not be permitted in any dwelling unit, whether a time-shari estate or an employee housing unit nor in any public areas. Any gas fireplaces shall meet the criteria set forth in Town of Vail Ordiiance No. 24, Series of 1983 and Ordinance No. 28, Series of 1987, as amended from time to time. K. Recreational Amenities Tax. The recreational amenities tax due for the development within SDD7 shall be assessed at a rate of $1.00 per square foot of floor area and shall be paid prior to the issuance of a building permit. SECTION 3. Sections Declared Invalid. If any part, section, subsection, sentence, clause or phase of this ordinance is for any reason held to be invalid, such dicision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have pasied this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 8 SECTION 4. Conflict with Ordinance No. 3, Series of 1977. Ordinance No. 25. Series of 1981 and Ordinance No. 6. Series of 1982. If any part, section, subsection, sentence, clause or phrase of Part II conflicts with any part, section, subsection, sentence, clause or phrase of Part I of SDD No. 7, the language contained in this Ordinance shall control. SECTION 5. Health. Safety and Welfare. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. SECTION 6. Reveal and Re-Enactment. The repeal or the repeal and re-enactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which as accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS DAY OF 1990 at p.m. in the Council Chambers of the Vail Municipal Building in Vail, Colorado. Ordered published in full this day of , 1990. KENT R. ROSE, MAYOR ATTEST: PAMELA A. BRANDMEYER, TOWN CLERK INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED THIS DAY OF , 1990. KENT R. ROSE, MAYOR ATTEST: PAMELA A. BRANDMEYER, TOWN CLERK 9 TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 1990 RE: A request to repeal and reenact Section 18.13.080 (A) of the Municipal Code of the Town of Vail regarding Density Control for the Primary/Secondary zone district. Applicant: Town of Vail I. ~ACKGROLTND This section of the code was last amended June 7, 1988. During that amendment process, text was inadvertently eliminated pertaining to the relative sizes of two dwelling units on a Primary/Secondary lot. By approving this request, the Town will ensure that secondary units will not exceed 40 percent of the allowable Gross Residential Floor Area (GRFA) for the lot. II. DESCRIPTION OF REQUEST The following paragraph would be amended as shown. The text that is in bold is proposed to be added. "Not more than a total of two dwelling units shall be permitted on each site, with only one dwelling unit permitted on lots of less than 15,000 sq. ft., and not more than 25 sq. ft. of Gross Residential Floor Area (GRFA) shall be permitted for each 100 sq. ft. of site area for the first 15,000 sq. ft. of site area, plus not more than 10 sq. ft. of Gross Residential Floor Area shall be permitted for each 100 sq. ft. of site area over 15,000 sq. ft. not to exceed 30,000 sq. ft. of site area, plus not more than 5 sq. ft of GRFA for each. 100 sq. ft. of site area in excess of 30,000 sq. ft. on any site containing tMO dwelling units, one of the dwelling units shall not exceed forty percent (40~) of the total allowable Gross Residential Floor Area (GRFA). No two family residential lot except those totally in the red hazard avalanche zone, or the floodplain, or those of less than 15,000 sq. ft. shall be so restricted that it cannot be occupied by a two- family Primary/Becoadary residential dwelling. III. STAFF RECOMMENDATION Staff recommends approval of this change to the zoning code. Omission of the above bolded statements was not intentional and replacing them makes the code consistent with the standards used in the past for primary/secondary development. ORDINANCE N0. 19 Series of 1990 AN ORDINANCE REPEALING AND REENACTING SECTION 18.13.080 A., DENSITY CONTROL OF THE MUNICIPAL CODE OF THE TOWN OF VAIL AND PROVIDING THAT THE GROSS RESIDENTIAL FLOOR AREA DISTRIBUTION RATIO FOR PRIMARY/SECONDARY DWELLING UNITS BE AMENDED TO PROVIDE THAT THE SECONDARY DWELLING UNIT SHALL BE NO GREATER THAN FORTY PERCENT OF THE TOTAL ALLOWABLE GROSS RESIDENTIAL FLOOR AREA; AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 12, Series of 1988, inadvertently eliminated the requirement that the gross residential floor area distribution ratio for primary/ secondary dwelling units be no greater than forty percent (40%) of the total allowable gross residential floor area; and WHEREAS, this was a typographical error which the Town Council now wishes to correct. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. Section 18.13.080A of the Municipal Code of the Town of Vail is hereby repealed and reenacted with amendments to read as follows: 18.13.080 A. DENSITY CONTROL A. Not more than a total of two dwelling units shall be permitted on each site, with only one dwelling unit permitted on lots of less than fifteen thousand square feet, and not more than twenty-five square feet of gross residential floor area (GRFA) shall be permitted for each one hundred square feet of site area for the first fifteen thousand (15,000) square feet of site area, plus not more than ten square feet of gross residential floor area shall be permitted for each one hundred square feet of site area over fifteen thousand square feet not to exceed thirty thousand square feet of site area, plus not more than five square feet of gross residential floor area for each one hundred square feet of site area in excess of thirty thousand square feet. On any site containing two dwelling units, one of the units shall not exceed forty percent (40%) of the total allowable gross residential floor area (GRFA). No two-family residential lot except those totally in the red hazard avalanche zone, or the flood plain, or those of less than fifteen thousand square feet shall be so restricted that it cannot be occupied by a two-family primary/secondary residential dwelling. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declaled invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred priir to the effective date hereof, any prosecution commenced, nor any other actin or proceedings as commenced under or by virtue of the provision repealei or repealed and reenacted. The repeal of any provision hereby shall not revive alny provision or any ordinance previously repealed or superseded unless expressly statled herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thlereof, inconsistent herewith are repealed to the extent only of such inconsiltency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1990, and a public hearing shall be held on this Ordinance on the day of 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of I 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- LENTZ, EVANS AND KING P. C. ATTORNEYS AT LAW HOVER T. LENTZ 2900 LINCOLN CENTER BUILDING TELEPHONE: !3031 861-4154 BRUCE L. EVANS 1660 LINCOLN STREET FRANCIS P, KING DENVER, COLORADO 80264 TELECOPIER: 1303) 860-B65a WILLIAM W. SCMLEY E.I.N. 64-069 03 82 ROBERT A. WHERRY, JR. BRUCE R. MUIR March 21 ~ 1990 RICHARD B. ROBINSON RICHARD M. HOPPER JOriN M. BIRKELAND FRED J. DISS STEVEN A. FINER Mr. Charlie Wick Town of Vail 75 South Frontage Road Vail, Colorado 81657 Dear Charlie: I am enclosing for your review revised fifth and sixth amendments to the Town of Vail Employees' Pension Plan and the Town of Vail Police and Fire Employees' Pension Plan. The amendments contain the age 50 segregation right as modified by our discussions which permits that a segregated account will be invested as determined by the Trustee with the consent of the participant. In addition, we have included the few changes that must be made as a result of the Tax Reform Act of 1986. Vir- tually all of the changes made by the Tax Reform Act of 1986 apply to private sector plans. Only a few changes affect municipal plans which are not integrated with Social Security. Among the changes are the following: 1. The insertion of a $200,000 compensation limit. Even though this will not apply, it must be placed in the plan. 2. The 415 limitations have been modified. The principal change here is that any employee after-tax contribu- tion is counted as an allocation for the purpose of the 25$ limitation. 3. The qualified domestic relations order provision has been modified to permit distributions while a participant is still employed to the participant's former spouse. This should ease administration since you will not have to wait until after termination of employment to distribution a former spouse's interest. LENTZ, EVANS AND KING P. C. Mr. Charlie Wick Town of Vail March 20, 1990 Page 2 One of the major changes impacting all plans is that you must give participants an election with respect to distri- butions. This was not required under prior law. Aowever, your plan currently complies with this requirement so no change is necessary. In addition to the plan amendments, we are also enclosing three copies of an amendment to the trust agreement which adds a provision permitting the Vail Metropolitan Recreation District Board to appoint a Trustee. If the amendments meet with your approval, please have counsel proceed with adopting the amendments. If you have any questions with respect to the amendments, please call me . Yours truly, BRM/ j rb Enclosures ' ORDINANCE N0. 28 Series of 1990 AN ORDINANCE AMENDING THE PLAN DOCUMENT OF THE TOWN OF VAIL EMPLOYEES' PENSION PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has adopted an Employees' Pension Plan, the effective date of which was January 1, 1983 and has adopted a first amendment to said plan, the effective date of which was May 2, 1984; and WHEREAS, the Town of Vail has adopted a second amendment to said plan, the effective date of which was December 12, 1984; and WHEREAS, the Town of Vail has adopted a third amendment to said plan, the effective date of which was June 17, 1986; and WHEREAS, the Town of Vail has adopted a fourth amendment to said plan, the effective date of which was August 16, 1988; and WHEREAS, the Town Council wishes to again amend the plan document which sets forth the details of said pension plan, a copy of which is attached to this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The fifth amendment to the Employees' Pension Plan document which is attached to this Ordinance and incorporated herein by reference is hereby adopted by the Town Council of the Town of Vail. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereb shall not revive an y y provision or any ordinance previously repealed or superseded unless expressly stated herein. Y 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1990, and a public hearing shall be held on this Ordinance on the day of 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- FIFTH AMENDMENT TO TOWN OF VAIL EMPLOYEES' PENSION PLAN THIS AMENDMENT is made by Town of Vail (hereinafter referred to as the "Employer"). WHEREAS, the Employer adopted the Town of Vail Employees' Pension Plan (hereinafter referred to as the "Plan") effective January 1, 1983; and WHEREAS, the Plan provides at Section 8.1 as follows: "The Employer may amend, modify or terminate the Plan..."; and WHEREAS, the Employer previously amended the Plan in certain technical respects and now desires to further amend the Plan to make certain additional technical changes to the Plan; NOW, THEREFORE, the Employer does hereby amend the Plan in the following particulars: ARTICLE I Article II of the Plan (pages 2 through 4) is hereby amended by adding the following Section 2.26 to the end of such Article: BRY/J-032090-31A "2.26 "Compensation" means the basic salary paid by the Employer to a Participant for services rendered to the Employer, excluding bonuses, overtime pay, severance pay, shift differen- tials, longevity pay, and any other form of compensation, insurance premiums, pensions and retirement benefits, and all contributions by the Employer to the within Pension Plan, to any health, accident or welfare fund or plan, to any deferred compensation plan, to any other qualified retirement plan or simplified employee pension plan, or any similar benefit, any amount received as cash under a profit- sharing plan cash option provision, and any other amounts which receive special tax bene- fits, provided that compensation reductions pursuant to the Employer pick-up of employee contributions pursuant to Code Section 414(h) shall not be excluded as compensation except for the purpose of applying the limitations on allocations and benefits under Code Section 415. Further, compensation shall not include any amounts realized on the transfer of pro- perty rights from the Employer. The annual compensation of any Participant taken into account under the terms of the Plan for any Plan Year shall not exceed $200,000, as adjusted for changes in the cost of living as provided by law or regulation." ARTICLE II Section 4.5 of the Plan (pages 7 through 10 and as amended by Article II of the Second Amendment to the Plan) is hereby amended to read in its entirety as follows: "4.5 Limitations on Allocations. (a) General Rule. In no event may a Par- ticipant receive an allocation for any year which, when combined with his allo- cation under any other defined contribu- -2- BRY/J-032090-31A tion plan established by the Employer, exceeds the lesser of 25~ of his compen- sation for such year or $30,000, provided such figure shall change to conform with any adjustment for changes in the cost of living after the enactment of the Tax Equity and Fiscal Responsibility Act of 1982, as provided by law or regulation. For the purpose of applying the foregoing limitation, the limitation year shall be the Plan Year. If a short limitation year is created as a result of a change in the limitation year, the dollar limi- tation for such short limitation year shall be the dollar limitation set forth in this subsection multiplied by a frac- tion, the numerator of which is the num- ber of months in such short limitation year and the denominator of which is twelve (12). (b) Allocations. For the purpose of applying the limitations of this section, the allocation to the Participant shall include the following amounts allocated to the account of a Participant for a limitation year: (i) Employer contribu- tions, (ii) forfeitures, and (iii) non- deductible contributions made by the Par- ticipant, provided that for years begin- ning before 1987, only non-deductible contributions in excess of 6~ of his com- pensation for the year or one-half of the non-deductible contributions made by the Participant, whichever shall be less, shall be counted as an allocation. For the purpose of applying the limitations of this Section, compensation from and allocations received under any retirement plan maintained by any other employer which is a common member with the Employer of either a controlled group of busi- nesses or an affiliated service group, as prescribed by law or regulation, shall be counted. -3- BRY/J-032090-31A (c) Excluded Amounts. Any amount not men- tioned in subparagraph (b) shall not be considered an allocation. The amounts not considered as allocations include deductible Participant contributions, rollover contributions and transfers from other qualified plans allocated to the account of a Participant. (d) Treatment of Excess. In the event an allocation would otherwise exceed the limitations of this section, any non- deductible voluntary contribution by the Participant which is counted as part of such allocation shall be returned to such Participant to the extent necessary to reduce such allocation to a level in compliance with the limitations of this section. If after such return of contri- butions there still remains an excess, the excess over such limitations shall be held in a suspense account until such amount can be applied to reduce the next contribution of the Employer. If the Employer maintains more than one qualified defined contribution plan, the excess shall be considered to have first occurred in the plan to which the contri- bution of the Employer is discretionary, and if there is no such plan, the excess shall be treated as having occurred in all defined contribution plans on a pro rata basis based upon the Employer con- tribution to each of the plans. If this plan is terminated when there is an amount held in such a suspense account, the amount held in such account which cannot be allocated to Participants without exceeding the foregoing limits shall be returned to the Employer. (e) Compensation. For the purpose of this Section and Section 4.5, compensation shall mean compensation as defined in Section 2.5, provided that any taxable compensation excluded under such Section shall be included as compensation." -4- BRN/J-032090-31A . ARTICLE III Article v of the Plan (pages 11 and 12 and as amended by Article I of the Fourth Amendment to the Plan) is hereby amended by adding the following Section 5.4 to the end of such Article: "5.4 Segregated Account for Participants Who Attain the Aqe of 50. When a Participant who has a 100 vested interest in his Employer Contribution Account attains the age of 50, he shall have the option to direct the Trustee to establish a segregated account within the Trust Fund to which will be allocated the entire balance to his credit attributable to both employee and Employer contributions. Such option shall be exercised by a written election filed with the Trustee at least six months in advance of the date on which the segregation will take place. Once such an election has been filed, it shall be irrevocable and all future contributions to the Plan shall be made to such segregated account. Any segregated account maintained for a Participant's interest shall be invested by the Trustee in any one or more of the investments authorized in the Trust Agreement, as the Trustee and the Administrator shall mutually determine with the consent of the Participant. Notwithstanding any other provi- sions of this Plan, the segregated account of a Participant shall alone participate in the income, gains or losses of the property so segregated and alone shall be liable upon con- tracts made for its benefit or liabilities arising from the investment of such account. Any expenses resulting from the investments made for the benefit of such account shall be borne solely by such Participant's account, unless otherwise determined by the Adminis- trator." -5- 8RY/J-032090-31A ARTICLE IV Section 8.8(b) of the Plan (page 21 and as amended by Article Iv of the Third Amendment to the Plan) is hereby amended to read in its entirety as follows: "(b) Qualified Domestic Relations Order. Paragraph (a) of this Section shall not apply to the creation, assignment or recognition of a right to any benefit payable with .respect to a Participant pursuant to a Qualified Domestic Rela- tions Order under Code Section 414(p). Distribution may be made pursuant to such an order at any time after the entry of such order. Distribution may be made pursuant to such an order at any time, even if the Participant is still an employee. The Administrator shall estab- lish such reasonable procedures as are necessary to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders." ARTICLE V The amendments to the Plan set forth in Articles I, III and Iv above shall be effective as of January 1, 1989. The amendment to the Plan set forth in Article II above shall be effective as of January 1, 1987. ARTICLE VI Except as hereinabove amended in Articles I through V above, the Employer hereby readopts, reaffirms and redeclares each and every provision of the Plan. -6- 8RY/J-03'1090-31A i IN WITNESS WHEREOF, the Employer, at the direction of its City Council and with the consent of the Participants, has executed this Amendment as of the day of , 1990. TOWN OF VAIL By -7- BRY/J-032090-31A ORDINANCE N0. 29 Series of 1990 AN ORDINANCE AMENDING THE TOWN'S POLICE AND FIRE PENSION PLAN DOCUMENT SUBJECT TO APPROVAL BY SIXTY- FIVE PERCENT (65X) OF THE TOWN'S POLICE AND FIREMEN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has adopted a Police and Firemen's Pension Plan, the effective date of which was January 1, 1983 and has adopted a first, second, third, fourth, and fifth amendment to said plan, the effective dates of which were September 20, 1983, May 2, 1984, December 4, 1984, June 17, 1986, and August 17, 1988, respectively; and WHEREAS, the Police and Fire employees of the Town of Vail now wish to amend the Police and Fire Employees' Pension Plan a sixth time as set forth in the amendment attached hereto and incorporated by reference; and WHEREAS, such amendment must be approved by the Town Council of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The sixth amendment to the Police and Fire Employees' Pension Plan document which is attached hereto and incorporated herein by reference is hereby approved by the Town Council subject to the approval of sixty-five percent (65%) of the police and fire employees of the Town of Vail. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Uail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by vi"rtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1990, and a public hearing shall be held on this Ordinance on the day of 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- a SIXTH AMENDMENT TO TOWN OF VAIL POLICE AND FIRE EMPLOYEES' PENSION PLAN THIS AMENDMENT is made by Town of veil (hereinafter referred to as the "Employer"). WHEREAS, the Employer adopted the Town of vail Police and Fire Employees' Pension Plan (hereinafter referred to as the "Plan") effective January 1, 1983; and WHEREAS, the Plan provides at Section 8.1 as follows: "The Employer may amend, modify or terminate the Plan upon approval of such amendment, modifica- tion or termination by 65~ of the active Partici- pants..."; and WHEREAS, the Employer previously amended the Plan in certain technical respects and now desires to further amend the Plan to make an additional technical change to the Plan; NOW, THEREFORE, the Employer does hereby amend the Plan in the following particulars: ARTICLE I Article II of the Plan (pages 2 through 5) is hereby amended by adding the following Section 2.27 to the end of such Article: 8RY/J-03?090-31A V "2.27 "Compensation" means the basic salary paid by the Employer to a Participant for services rendered to the Employer, excluding bonuses, overtime pay, severance pay, shift differen- tials, longevity pay, and any other form of compensation, insurance premiums, pensions and retirement benefits, and all contributions by the Employer to the within Pension Plan, to any health, accident or welfare fund or plan, to any deferred compensation plan, to any other qualified retirement plan or simplified employee pension plan, or any similar benefit, any amount received as cash under a profit- sharing plan cash option provision, and any other amounts which receive special tax bene- fits, provided that compensation reductions pursuant to the Employer pick-up of employee contributions pursuant to Code Section 414(h) shall not be excluded as compensation except for the purpose of applying the limitations on allocations and benefits under Code Section 415. Further, compensation shall not include any amounts realized on the transfer of pro- perty rights from the Employer. The annual compensation of any Participant taken into account under the terms of the Plan for any Plan Year shall not exceed $200,000, as adjusted for changes in the cost of living as provided by law or regulation." ARTICLE II Section 4.5 of the Plan (pages 9 through 12 and as amended by Article II of the Third Amendment to the Plan) is hereby amended to read in its entirety as follows: "4.5 Limitations on Allocations. (a) General Rule. In no event may a Par- ticipant receive an allocation for any year which, when combined with his allo- cation under any other defined contribu- -2- 8RM/J-0320~31A V tion plan established by the Employer, exceeds the lesser of 25~ of his compen- sation for such year or 530,000, provided .such figure shall change to conform with any adjustment for changes in the cost of living after the enactment of the Tax Equity and Fiscal Responsibility Act of 1982, as provided by law or regulation. - For the purpose of applying the foregoing limitation, the limitation year shall be the Plan Year. If a short limitation year is created as a zesult of a change in the limitation year, the dollar limi- tation for such short limitation year shall be the dollar limitation set forth in this subsection multiplied by a frac- tion, the numerator of which is the num- ber of months in such short limitation year and the denominator of which is twelve (12). (b) Allocations. For the purpose of applying the limitations of this section, the allocation to the Participant shall include the following amounts allocated to the account of a Participant for a limitation year: (i) Employer contribu- tions, (ii) forfeitures, and (iii) non- deductible contributions made by the Par- ticipant, provided that for years begin- ning before 1987, only non-deductible contributions in excess of 6~ of his com- pensation for the year or one-half of the non-deductible contributions made by the Participant, whichever shall be less, shall be counted as an allocation. For the purpose of applying the limitations of this Section, compensation from and allocations received under any retirement plan maintained by any other employer which is a common member with the Employer of either a controlled group of busi- nesses or an affiliated service group, as prescribed by law or regulation, shall be counted. -3- e~~i~-os2osa3~a (c) Excluded Amounts. Any amount not men- tioned in subparagraph (b) shall not be considered an allocation. The amounts not considered as allocations include deductible Participant contributions., rollover contributions and transfers from other qualified plans allocated to the account of a Participant. (d) Treatment of Excess. In the event an allocation would otherwise exceed the limitations of this section, any non- deductible voluntary contribution by the Participant which is counted as part of such allocation shall be returned to such Participant to the extent necessary to reduce such allocation to a level in compliance with the limitations of this section. If after such return of contri- butions there still remains an excess, the excess over such limitations shall be held in a suspense account until such amount can be applied to reduce the next contribution of the Employer. If the Employer maintains more than one qualified defined contribution plan, the excess shall be considered to have first occurred in the plan to which the contri- bution of the Employer is discretionary, and if there is no such plan, the excess shall be treated as having occurred in all defined contribution plans on a pro rata basis based upon the Employer con- tribution to each of the plans. If this plan is terminated when there is an amount held in such a suspense account, the amount held in such account which cannot be allocated to Participants without exceeding the foregoing limits shall be returned to the Employer. (e) Compensation. For the purpose of this Section and Section 4.5, compensation shall mean compensation as defined in Section 2.5, provided that any taxable compensation excluded under such Section shall be included as compensation." -4- BRM/J-032090-31A f ARTICLE III Article v of the Plan (pages 13 and 14 and as amended by Article I of the Fifth Amendment to the Plan) is hereby amended by adding the following Section 5.4 to the end of such Article: "5.4 Segregated Account for Participants Who Attain the Aqe of 50. when a Participant who has a 100 vested interest in his Employer Contribution Account attains the age of 50, he shall have the option to direct the Trustee to establish a segregated account within the Trust Fund to which will be allocated the entire balance to his credit attributable to both employee and Employer contributions. Such option shall be exercised by a written election filed with the Trustee at least six months in advance of the date on which the segregation will take place. Once such an election has been filed, it shall be irrevocable and all future contributions to the Plan shall be made to such segregated account. Any segregated account maintained for a Participant's interest shall be invested by the Trustee in any one or more of the investments authorized in the Trust Agreement, as the Trustee and the Administrator shall mutually determine with the consent of the Participant. Notwithstanding any other provi- sions of this Plan, the segregated account of a Participant shall alone participate in the income, gains or losses of the property so segregated and alone shall be liable upon con- tracts made for its benefit or liabilities arising from the investment of such account. Any expenses resulting from the investments made for the benefit of such account shall be borne solely by such Participant's account, unless otherwise determined by the Adminis- trator." -5- BRY/J-0,uuov-31A ARTICLE IV Section 8.8(b) of the Plan (page 26 and as amended by Article Iv of the Third Amendment to the Plan) is .hereby amended to read in its entirety as follows: "(b) Qualified Domestic Relations Order. Paragraph (a of this Section shall not apply to the creation, assignment or recognition of a right to any benefit payable with respect to a Participant pursuant to a Qualified Domestic Rela- tions Order under Code Section 414(p). Distribution may be made pursuant to such an order at any time after the entry of such order. Distribution may be made pursuant to such an order at any time, even if the Participant is still an employee. The Administrator shall estab- lish such reasonable procedures as are necessary to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders." ARTICLE V The amendments to the Plan set forth in Articles I, III and Iv above shall be effective as of January 1, 1989. The amendment to the Plan set forth in Article II above shall be effective as of January 1, 1987. ARTICLE VI Except as hereinabove amended in Articles I through V above, the Employer hereby readopts, reaffirms and redeclares each and every provision of the Plan. -6- 8RY/J-032090-31A IN WITNESS WHEREOF, the Employer, at the direction of its City Council and with the consent of sixty-five percent (65$) of the active Participants, has executed this Amendment as of the day of 1990. TOWN OF VAIL By -7- dRY/J-032094-31A ORDINANCE N0. 30 Series of 1990 AN ORDINANCE AMENDING THE TRUST AGREEMENT PURSUANT TO TOWN OF VAIL EMPLOYEES' PENSION PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail has adopted a Trust Agreement pursuant to the Town of Uail Employees' Pension Plan, date of which was January 1, 1983; and WHEREAS, the Town of Vail has adopted a fourth amendment to said plan, the effective date of which was August 16, 1988; and WHEREAS, the Town Council wishes to amend the Trust Agreement which sets forth the details of implementing the Town's Pension Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The first amendment to the Employees' Pension Plan Trust Agreement which is attached to this Ordinance and incorporated herein by reference is hereby adopted by the Town Council of the Town of Vail. 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, heretofore repealed. • INTRODUCED, READ AND APPROVED ON FIRST READING this day of , 1990, and a public hearing shall be held on this Ordinance on the day of 1990, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk -2- J - FIRST AMENDMENT TO TRUST AGREEMENT Pursuant to - TOWN OF VAIL EMPLOYEES' PENSION PLAN THIS AMENDMENT is made by the Town of veil (herein- after referred to as the "Employer") with the consent of the Trustee . WHEREAS, the Employer and the Trustee entered into a Trust Agreement to carry out the terms of the Town of Vail Employees' Pension Plan (hereinafter referred to as the "Trust") on September 20, 1983; and WHEREAS, the Trust, at Article IX, provides in part as follows: "The Employer shall have the right at any time and from time to time by action of Town Council with the written consent of the Trustee to amend this Trust Agreement..."; and WHEREAS, the Employer now desires to amend the Trust to make a technical change to the Trust; NOW, THEREFORE, the Employer does hereby amend the Trust in the following particulars: BRY/J-07129~31A ARTICLE I Section 7.3 of the Trust (page 16) is hereby amended by adding the following language to the end of such Section: "In addition, the Board of Directors of the Vail Metropolitan Recreation District shall appoint one individual to serve as a Trustee. Such indivi- dual shall be either a member of such Board or an employee of Vail Metropolitan Recreation District. Such person shall serve for such term as is deter- mined by the Board of Directors of the Vail Metropolitan Recreation Distict." ARTICLE II The amendment to the Trust set forth in Article I above shall be effective as of the date of adoption. ARTICLE III Except as hereinabove amended in Articles I and II above, the Employer hereby readopts, reaffirms and redeclares each and every provision of the Trust. IN WITNESS WHEREOF, the Employer, at .the direction of its City Council and with the consent of the Trustee, has exe- cuted this Amendment as of the day of , 1990. TOWN OF VAIL By Administrator -2- BRY/J-x71290-31A The foregoing amendment is hereby approved by the currently acting Trustees this day of , 1990. Town Manager Town Attorney Director of Administrative Services -3- BRY/J-07129a31A TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 11, 1990 SUBJECT: A request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village First Filing, 141 East Meadow Drive, Crossroads Condominiums. Applicant: H. William Smith, Jr. I. DESCRIPTION OF THE VARIANCE REQUESTED The owner of Condominium Unit E-6 is requesting a height variance in order to expand the condominium by 343 sq. ft. of GRFA. The proposed addition will be on the east elevation of the building, at the 5th story. The addition will be built over the existing first, second and third floors below and a north facing, false facade would be constructed at the fourth floor level. This facade would wrap around slightly on the east elevation and would architecturally tie the 5th floor addition to the existing floors below. It is possible that at some future date the fourth floor unit would expand and infill the false facade. The proposed addition will match the appearance of the existing building with both colors and materials. Crossroads is zoned Commercial Service Center which has a maximum height limit of 38 feet. The existing building is in nonconformance with this 38 foot height requirement, as the existing eave line in the area of the proposed expansion is approximately 53 feet above finished grade. The ridge line of the roof above the proposed expansion is approximately 61 feet above finished grade. The proposed expansion will not alter the existing eave line and will not affect the ridge line of the building. The ridge line of the proposed addition would be approximately 58' above finished grade with the eave line at 51' above finished grade. There would be no impact on the Town's parking requirements as a result of this expansion. II. ZONING ANALYSIS Lot Area = 80,025 sq. ft. Allowable GRFA = 32,010 sq. ft. (40~) Existing GRFA = 22.817 sq. ft Remaining GRFA = 9,193 sq. ft. 1 III. CRITERIA AND FINDINGS ~ Upon review of Criteria and Findings, Section 18.62.060 of the Vail Municipal Code, the Department of Community Development recommends approval of the requested variance based upon the following .factors: A. Consideration of Factors: 1. The relationship of the reauested variance to other existingr or potential uses and structures in the vicinity. The staff's opinion is that the proposed height variance request, if approved, would have no significant impact upon other existing or potential uses and structures in the vicinity. We recognize that much of the existing Crossroads Condominium Building is in nonconformance with the 38' height limit, although Crossroads is the only property in the Town currently zoned C~..,..~ercial Service Center. Crossroads is adjacent to the Public Accommodation, Commercial Core II and Commercial Core I zone districts. These zone districts allow maximum heights of 48', 48' and 43' respectively. There are no identified "view corridors' that would be affected as a result of this expansion. However, Vail Mountain can currently be viewed from I-70 and the North Frontage Road through this area. The proposed addition will eliminate this view. Staff believes that the proposed addition's 58' high ridge would help transition the highest ridge of this building, which is at 61' with the lower 44' ridge of the Cinema to the east. This simple transition will give a stepped feel to the roofscape, as viewed from I-70 and the South Frontage Road. 2. The dearee to which relief from the strict and literal interpretation and enforcementlof a specified reaulation is necessary to achieve compatibility and uniformity of treatment amona sites in the vicinity or to attain thelob~ectives of this title without arant of speciallprivileae. The strict and literal interpretation of the height regulations for the Crossroads Condominium building would mean that no further changes would be allowable to the roof or eave lines due to the existing nonconformance of the project! 2 ti• ~ The staff believes that there is a physical hardship due to the height of the existing roof. We feel that it is appropriate to support this request because the proposed addition presents no adverse impacts upon the existing development or upon adjacent properties. This request is also consistent with a similar height variance that was approved in 1989 to add a dormer on the east side of Crossroads (above Burger King) for an office remodel. The Enzian or L'Ostello was also granted a height variance to allow for the expansion of several lodge units. Because this request does not alter the existing ridge line of the building or in any way effect the overall height of the structure, we feel that there is no grant of special privilege. 3. The effect of the requested variance on light and air. distribution of not~ulation, transuortation and traffic facilities, public facilities and utilities. and tiublic safety. There is no impact from this requested variance upon any of the above criteria. IV. RELATED POLICIES IN THE VAIL VILLAGE MASTER PLAN The recently adopted Vail Village Master Plan provides general guidelines regarding building heights in the Core. The Plan states that "...it is the goal of this Plan to maintain the concentration of low scale buildings in the core area while positioning larger buildings along the northern periphery (along the Frontage Road)." The area of this proposed height variance is categorized in the Vail Village Master Plan as having an acceptable building height range of 5-6 stories. A building story is defined as 9' of height and no roof is included. This addition is located on the fifth story of the building. The proposal does support the Vail Village Master Plan height plan. V. FINDINGS The Planning and Environmental Commission shall make the following findings before granting a variance: A. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district. 3 'F B. That the granting of the variance will not be r detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. C. That the variance is warranted for one or more of the following reasons: 1. The strict literal interpretation or enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this title. 2. There are exceptions or extraordinary circumstances or conditions applicable to the same site of the variance that do not apply generally to other properties in the same zone. 3. The strict interpretation or enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same district. VI. STAFF RECOMMENDATION The staff recommendation for this project is for approval. We believe our recommendation to be consistent with recent decisions by the staff and the PEC, which have allowed some flexibility in the height requirements for pre-existing, nonconforming buildings, as long as the existing ridge line of the building is not modified and as long as the alteration does not negatively effect any adjacent properties. We believe this request to be consistent with the Vail Village Master Plan and not to be a grant of special privilege, and therefore recommend approval. We are, however, concerned with the general appearance of the large rectangular planters located adjacent to the bus route on East Meadow Drive. These timber planters have been in a state of disrepair for some time now and the staff has recommended that the Crossroads Condominium Association pursue the upgrading of these planters. AlthougYi legally the staff cannot condition the variance upon renovation of the planters, we feel strongly that the planters should be rebuilt and would encourage the applicant to proceed with the project. 4 SI~~~IEY SCHULTZ-ARCHI~, ACT ~N~. 1 VAIC OLOR~AO 8 657 E soslala-~a9o RECD JUN 1 91990 June 19, 1990 MR. RON PHILLIPS, Town Manager Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Ron: On behalf of my client H. William Smith I wish to appeal the decision of the Planning and Environmental Commission on June 11 to deny a height variance for an addition to unit E-6 at the Crossroads Condominiums. We feel that the proposed height of the addition is in keeping with the intent of the Vail Village Master Plan. That plan indicates a range of five to six story buildings along the Frontage Road at Crossroads. The current building is five stories. The proposed addition would be below the existing roofline and would provide a transition between that roof and the roof over the Cinema. The addition does not affect any of the view corridors as established by the Master Plan. This proposal .would also increase the amount of transparency and relief on the east face of the building, a facade which is presently blank and quite massive. Similar height variances have been granted for other properties in Town. We feel that it would not be a grant of special privilege for the Town Council to approve this request. V~,~y truly ours, v Sidney S hultz 11 MEMBER, THE AMERICAN iNSSTiTUTE Of ARCHITECTS ".Tnursdav: July:S. t~o:~~,=,.: SUMMIT COUNTY SERVING SUMMIT COUNTY SINCE. 1880 ~ ~ Vol. 111 No. 27 ~ 25C tone ens 3.75 million Ke s p y . ~reement~ with. AMAx . land a _ - sy 8111 Mitchell of real estate and development, the resort's acquisition of the SummitNewspepersStaHWiiter said the four parcels, adjacent property it first eyed nearly a to other Keystone property, has decade ago. Keystone Resort has signed a obvious potential. In 1981, Keystone proposed a $3.75 million deal with "The parcel adjacent to Keys- deal with the U.S. Forest Ser- AMA~s Mt. Emmons Mining tone's employee housing most vice for the four parcels, but Company for the purchase of likely could be used for addi- because the value of land the 186.68 acres near the resort. tional housing," Haffeman resort wanted to trade with The deal gives the resort con- said. was unequal to what it wanted, trol of nearly all the Snake Another tract, adjacent to ~ the deal fell through. River corridor -almost from the resort's new conference At that time the land was Dillon Reservoir to Montezuma ,center has potential for future listed by the White River Na- Road and may add another golf residential growth, he said. tional Forest master plan as course, more residential and But the real prize may be the disposable, but it would be employee housing to the re- third and fourth parcels. several years after the initial sort's growing list of assets. "There are also two parcels of Keystone offer before another The Mt. Emmons land ad-. about 110 acres north of Keys- taker would show up. joins several tracts that are tone Ranch and adjacent to AMAX's ownership of the " part of a trade and sale in the Summit .Cove and Keywest four parcels came about in a works between Keystone, the Farms and in conjunction with tangled course of events be- U.S. Forest Service and the Homest+ake land have po- tween 1979 and 1981. HomestakeMiningCompany. tential for another 18-hole golf During those two years If that separate' land deal, . ~ course and low density hous- purchased land the part of a larger Summit County ing,".: ~ forest service was looking, to land ~ bade and sale, is ~ap- Haffeman said whatever the acquire through trades, and proved by Congress, it will add final use of the new areas will the mining company had in- about 234 acres do the resort's ~be, "The main point is that it tended to work out a deal for ownership. assures the resort can balance forest service land it wanted for Although Keystone's specific future (ski area) growth with amine on Mt, Emmons near plans -for the land „have not . residential . and commercial Crested Butte. been announced, Lenn ~.Haffe-,, amenities end attractions:' In 1984 AMAX's interest in man, Keyatone:,vice president,`, The June;29 sale completes See LAND on page 15 , . . • I. Continued from front page tial Investments, the. company insisted that Ralston was only that deal cooled when molyb- stated. the move would allow it looking for investment part- denum prices slumped and the to invest in the resort without ners similar to the relationship mining company was left with encumbrances of other part- it had with Morgan and Pru- land ithad boutiht t"or trade. ners. dential. It acquirE:d the Keystone 7`he. resort is also in the land in 198 r by passiri~ on the Ralston's actions ended spe- process of gaining approval for Mt, Emmons trade; instead culation that the resort was for its ambitious Base One expan- , ~ ~ the sale.. Key~tonerofficials had sion. ~ . 'u ~ " swapping land~t'~'had;accumu t r - 1li.~di~ li~C~lliiling'I ~~rir'e;~,th~ap' (kiISY'~Tr~.-:'r'd+'3~34s ~.`L_':~Ssa~ k _=Z'.f`t;~En.i~'~ L:s_, i.~.,y:v,=--`c~l~l: _ a a'k, t~~~L...3:~:uC~+'2.~3.°:e bSA t ~B ~t~d'er"~Ga#~' - ~;OOQt,.RC~.~~r~, ~ r t'~~ ;~~a fi'e`ld C~unr}~sgn~and~~~mer~,, coun~aes,~~nz exc antg a fo~~~£he s "KeYstot~:~ pat&e~.se~,~-, ~:~r`firt Easeineiitsgrarite~ :Keystone "and AMAX's +.1VIt ~ • r~;Emmona''`~Ig`~bip,~~y~"s~g . , 4 ned tli?~&`iPr1n'~1?A~ra~,~ ement'~~, :lash ,Friday~alti"e>~~'the..ourit~y ;forestse'rviceDenver~ ater4~.; "',Daps exit:,ana~$iblia$eivacei~~~+ y ~1 `-.C•oinp~y„~w~re*~`gran".>tied>ig'.e~ 'r;nents~for~roadii'at~d $tilitie~`,on~l i:revealed k~u?h~`,i~~I~eystone's:, 'Ydj;:Lt'~, vd~ '~?k ~jr tv,,~pl~.ii- ' °..~~'s1 "~,parent;~;company.~~Ralitton:Piu`- in~~ga~~d~otal.cbntio~ofather''~' ..resortiori~May'?3rf1990 ~,when';~itp;~ boughts-;ouGG ~inteTest~~held~by~`'; Mo;gari~Cauai~aiity'arid.Pruden= WORK SESSION FOLLOW-UP 7/13/90 Page 1 of 2 TOPIC QUESTIONS - FOLLOW-UP SOLUTIONS 8/8 WEST INTERMOUNTAIN ANNEXATION LARRY: Proceeding w/legal requirements far A new advocate for petition circulation is being sought. (request: Lapin) annexation. Cindy Callicrate to be contacted. 2/21 SATELLITE POST OFFICE (request: RON: Pursue station "in town" and/or increase Meeting to be set up with Ernie Chavez. Summer bus service Osterfoss) summer bus service? increased. 3/21 COMPENSATION FOR PEC, DRB, RON/KRISTAN/LARRY: Should additional compensation Alternatives and recommendation prepared. Scheduled for LIQUOR AUTHORITY/RAISING be considered for appointed, standing Town Council on August 1. COMPENSATION FOR MAYOR TO $1,000/ boards? MONTH 5/1 AMEND CODE, 12.04.240, STREET CUT STAN/LARRY/KRISTAN: Per Council direction, proceed. Will be developed by July, 1990. To be discussed at PERMITS Interdepartmental meeting July 18. 6/12 VAIL GLO SIGN (request: Levine) RON/KRISTAN: Through DR6, or some other process, Kristan will handle. can the lettering color and lighting be modified? 6/19 STOLPORT RON: Contact Jet-Link, Inc., Neal Meehan, on the Continental Express is working on the figures. Meehan was Allen Expressway, Houston, TX, to further pursue promoted to Continental Airlines. Letter sent to County possible subsidy and resurfacing proposal. Commissioners from Kent requesting the permit be extended. 6/26 ABANDONED VEHICLES KEN: Contact County to see if a county-wide Will analyze and report. (request: Steinberg) crushing of same could be organized, resulting in lesser costs of demolition and ridding our- selves of the problem. 6/26 TOWN-WIDE LEASH LAW LARRY: Council wishes to reconsider this issue by Will do. amending ordinance. 6/26 AIR QUALITY SUSAN: Issue of passive smoke and smoking in Susan has been given assignment. restaurants needs to be revisited by this fall. 6/26 TED KINDEL MEMORIAL TODD 0.: Track down ownership of land to the south Land Title is researching. (request: Rose) of the Christiania. If this belongs to the TOV, begin to formulate memorial plan, i.e., park bench, plaque, etc.? 7/3 GARGANTUAN TREE CAUGHT IN CREEK! STAN: Location is Gare Creek behind Merv's house - Tree removed. (request: Lapin) "tubers" getting caught in it. Please remove. WORK SESSION FOLLOW-Up 7/13/90 Page 2 of 2 TOPIC QUESTIONS FOLLOW-UP SOLUTIONS 7/3 NOTIFICATION OF HOMEOWNERS ON CAROLINE: Prepare letter to be mailed individually Done. MILL CREEK CIRCLE to owners notifying them of the emergency ordinance to allow parking temporarily behind Vista Bahn and Mill Creek Circle. 7/3 CML SUMMER CONFERENCE 1991 STEVE B.: Prepare cost estimate for TOU to host On the schedule. function at Amphitheater (or somewhere) for delegates and families - 1991 budget preparation. 7/3 ARCHITECTURAL RENDERING OF UTRC STAN: Order colored enlargement of finished project Michael Barber Architects preparing. • to be pasted at the entrance to the Covered Bridge and perhaps on east and west ends of UTRC. For visitor edification. RBTT Revised: 1/27/1990 TORN OF VAIL REAL ESTATE TRANSFER TAg History and Budget 1990 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1990 BODGET NONTH ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTOAL ACTDAL ACTOAL BODGET ACTOAL VARIANCE Januarp 63,999 98,089 106,981 119,972 18,053 80,733 101,374 131,916 96,119 309,233 ; 98,966 162,954 63,988 February 40,595 69,018 105,024 132,220 86,289 170,052 64,906 44,040 109,873 140,192 ; 91,480 133,085 41,625 Narch 69,886 126,935 109,533 137,820 62,693 63,831 92,557 38,791 68,104 145,957 ; 89,002 77,995 ( 11,007) April 76,855 94,653 65,900 103,526 173,321 90,396 182,743 95,554 179,671 151,069 ; 117,440 152,027 34,587 Nay 42,738 84,324 54,663 90,599 96,006 228,673 98,651 120,984 99,736 220,299 ; 105,297 167,796 62,499 June 62,239 125,433 54,488 140,638 76,467 49,513 79,915 73,509 101,364 122,466 ; 84,684 135,478 50,794 Subtotal 356,312 598,452 496,589 724,775 572,829 683,198 620,146 504,794 654,867 1,089,216 ; 586,650 829,335 242,485 July 49,367 186,110 104,262 68,539 157,598 88,528 70,441 47,949 126,537 125,675 ; 96,253 August 79,859 115,499 71,282 97,806 58,937 32,860 100,182 61,137 109,315 86,341 ; 80,910 Septenbr 59,800 113,992 49,332 96,746 64,671 48,516 108,167 78,819 116,557 143,306 ; 83,736 October 108,510 154,000 42,498 122,546 88,132 109,633 93,860 124,291 177,360 241,393 ; 119,130 Hoveeber 102,623 107,768 81,698 91,385 105,109 T4,909 89,041 114,839 241,888 165,964 ; 104,466 Dece~ber 142,662 133,867 110,911 56,533 81,890 333,139 106,695 95,495 192,941 192,737 ; 128,655 TOTAL 899,133 1,409,688 956,512 1,258,330 1,129,166 1,370,183 1,188,538 1,027,324 1,619,471 2,044,638 ; 1,200,000 829,335 242,485 RECD JUI.. 131990 The Town of Vail The Town of Avon The Town of Minturn The VMRD The EVMD July 6, 1990 On behalf of the Eagle Valley Environmental Alliance, I would like to commend you on your decision to keep the Berry Creek fifth filing as open space. We at EVEA feel that this decision is in the best interest of the citizens of Eagle County. To some, this will only become obvious at some time "down the road", but many appreciate your foresight now. We encourage all of the groups involved to work together to effect the securing of this property as open space for future generations. Bes ega , Tom Fitch / Treasurer The Eagle Valley Environmental Alliance PO 4455 Vail, Co. 81658 - y!~ town of uail 75 south frontage road vail, Colorado 81657 (303j 479-2105 office of town manager July 12, 1990 Mr. Robert Fritch Sitzmark Lodge 183 Gore Creek Drive Vail, Colorado 81657 Dear Bob: Thank you for your most recent letter concerning the parking in the loading zone west of the Sitzmark. The Town Council has had feedback from other business owners in the area strongly stating that loading functions are very important for that loading zone within the current times posted. They also have had confirmation of that from the Town Code Enforcement Officers. The Council understands that you do not agree with that position, but feels it is necessary to maintain the times as posted as stated in my last letter. Sin er ly, • Rondall V. Phillips Town Manager RVP/bsc cc: Vail Town Council Ken Hughey Stan Berryman