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HomeMy WebLinkAbout2000-03-21 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, March 21, 2000 2:00 P.M. AT TOV COUNCIL CHAMBERS NOTE: Time of items is approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. CMC - Joint Work Session with Town Council. (45 mins.) Dr. Cynthia Heelan Dr. Jose Aybar 2. USFS Update on Booth Creek Prescribed Burn. (10 mins.) Phil Bowden John Gulick BACKGROUND: The prescribed burn in the Booth Falls area above Vail was approved by a previous Council. Because conditions were not optimal last spring, the USFS delayed the burn. Conditions currently are of the calibre to ensure safety measures are carried out and the outcome will provide for bighorn sheep habitat to be resurrected to its former status. The USFS is appearing before Council to provide this public information notice. ACTION REQUESTED OF COUNCIL: None. 3. Parking Management Study, Process, and Objectives. Greg Morrison (1 hr.) Greg Hall Arnie Ullevig ITEM/TOPIC: Overview of the process and discussion of Mike Rose objectives for the parking management plan for both the short term and long term. ACTION REQUESTED OF COUNCIL: Review the process and participate in defining the objectives which need to be addressed to work at optimizing parking supply and demand for now and in the future for all the various stakeholders. BACKGROUND RATIONALE: The Town's Master Transportation Plan was adopted in early 1993, with the majority of the discussions taking place in 1990. Policies were put in place with regards to parking management. In addition the long-term recommendation was that 500 additional spaces were needed to meet demand. Since this time many things have changed. It is important to look at the overall parking policies and programs and determine where changes need to be made with regards to how public parking in Vail is managed. It is time also to reevaluate the long term need of additional spaces within Vail, as the recommended sites for these future spaces are being discussed for development. Once development occurs we may be out of options to implement any long term solutions. 4. Amendments to Subdivision Regulations/Review of the Brent Wilson Conditional Use Permit (to allow conversion of AU's to EHU's) and to Discuss the Conditional Use Permit for the West Vail Lodge. (25 mins.) A request for a worksession discussion and first reading of Ordinance 5, Series of 2000, an ordinance amending Chapter 13-7, Town of Vail Code, to allow for the conversion accommodation. -units into condominiumized employee housing units. ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance 5, Series of 2000 on first reading. BACKGROUND RATIONALE: In 1983, the Town of Vail passed Ordinance 2, Series of 1983 in an effort to address the conversion of accommodation units ("live beds") into condominiums within the Town. The ordinance placed restrictions on the use of accommodation units that had been previously converted to condominiums and required these units to participate in a short-term rental pool. This principle of "lodging preservation" is a universal theme throughout Colorado's mountain resort communities and the Town has managed through both subdivision regulation and zoning to preserve a substantial number of accommodation units. In 1995, the Town of Vail amended this regulation in order to prohibit the conversion of any accommodation units to condominiums. The restrictions on previously-converted units remained in effect under this amendment while the application process for conversion of a.u.'s into condominiums was eliminated. This proposed amendment to Chapter 13-7 would allow for the conversion of accommodation units into employee housing through the Town's existing condominium platting and conditional use permit processes. None of the Town's other restrictions on condominium conversions would be changed with this amendment. 5. Vail Athletic Club (VAC) Employee Housing Discussion. Russell Forrest (15 mins.) Tom Braun 6. DRB Report. (15 mins.) Allison Ochs Bent Wilson 7. Information Update. (10 mins.) 8. Council Reports. (10 mins.) 9. Other. (10 mins.) 10. Adjournment. ( 5:05 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/28/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 3/28/00, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 4/4/00, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. F:WGENDA.NEWTC DISCUSSION ITEMS FOR COUNCIL WORK SESSION #1 PARKING OPERATIONS AND MANAGEMENT MARCH 21, 2000 PROBLEM DEFINITION: What are the primary deficiencies related to public parking in Vail? - Availability of Parking? - Cost of parking? - Convenience of Parking? - Management of parking Supply? - How does this vary throughout the year? - Other FEASIBLE ALTERNATIVES: What type of public actions could resolve or mitigate the parking problem? Both in the short term and long term? - Additional Parking Supply? Types, locations, and for who? (At what cost constraints?) - Modified Pricing Structure? - Modified privileges or Regulations? (For Which user Groups and when and where?) - How does parking policies coincide with overall transportation policies, bus service EXPECTATIONS: What are your expectations regarding this parking analysis? What questions do you expect to be answered? PROPOSED PARKING STUDY PROCESS March 21 2000 Town Council reviews process, define the problem and convey expectations Early April 2000 Conduct up to three focus groups on further defining the problem, issues that need addressed and possible solutions Late April 2000 Report out to council focus group results and agree to the problems we are trying to resolve, reconfirm objectives of the study. May 2000 Consultant will review the parking data and work on various management scenarios, which address the problem and objectives Early June 200oi Reconvene the parking group from last fall and any other interested parties to review and comment and discuss the various scenarios with the consultant. This may be up to two meetings Late June 2000 Report to the council the results of the interested parties reaction to the scenarios and how their feelings towards the different scenarios. Obtain Council input into the various scenarios both for the short term and long term solutions. July 2000 Work out the details to a revised parking management philosophy and timelines to implement it. August 2000 Implement Short-term solutions for the upcoming winter season. Order any change to software and hardware if it can be installed prior to the winter season. September 2000 Budget for any longer term solutions to be implemented. MEMORANDUM TO: Vail Town Council FROM: Community Development DATE: March 21, 2000 SUBJECT: A request for a worksession discussion and first reading of Ordinance 5, Series of 2000, an ordinance amending Chapter 13-7, Town of Vail Code, to allow for the conversion of accommodation units into condominiumized employee housing units. Applicant: Town of Vail Planner: Brent Wilson 1. DESCRIPTION OF THE REQUEST In 1983, the Town of Vail passed Ordinance 2, Series of 1983 in an effort to address the conversion of accommodation units ("live beds") into condominiums within the Town. The ordinance placed restrictions on the use of accommodation units that had been previously converted to condominiums and required these units to participate in a short- term rental pool. This principle of "lodging preservation" is a universal theme throughout Colorado's mountain resort communities and the Town has managed through both subdivision regulation and zoning to preserve a substantial number of accommodation units. In 1995, the Town of Vail amended this regulation in order to prohibit the conversion of any accommodation units to condominiums. The restrictions on previously-converted units remained in effect under this amendment while the application process for conversion of a.u.'s into condominiums was eliminated. This proposed amendment to Chapter 13-7 would allow for the conversion of accommodation units into employee housing through the Town's existing condominium platting and conditional use permit processes. None of the Town's other restrictions on condominium conversions would be changed with this amendment. 11. ROLES OF THE REVIEWING BOARDS Planning and Environmental Commission: Action: The PEC is advisory to the Town Council. The PEC shall review the proposal for and make a recommendation to the Town Council on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. 1 TOWNO WAIL R Staff: The staff is responsible for ensuring that all submittal requirements are provided. The staff advises the applicant as to compliance with the Zoning and Subdivision Regulations. Staff provides analyses and recommendations to the PEC and Town Council on any text proposal. Town Council: Action: The Town Council is responsible for final approval/denial on code amendments. The Town Council shall review and approve the proposal based on the compatibility of the proposed text changes for consistency with the Vail Comprehensive Plans and impact on the general welfare of the community. Desian Review Board: Action: The DRB has NO review authority on code amendments. Ill. RECOMMENDATION The Town's Planning and Environmental Commission voted 7-0 (2/14/00) to recommend approval of this request to the Vail Town Council. Staff recommends the Vail Town Council approve Ordinance 5 on first reading, subject to the following findings: 1. That the proposed amendment is consistent with the development objectives of the Town of Vail as stated in the Vail Land Use Plan. 2. That the proposal is consistent and compatible with existing and potential uses within Vail and generally in keeping with the character of the Town of Vail. IV. SUMMARY OF POTENTIAL TEXT CHANGES Proposed text amendments for Section 13-7 are outlined in Ordinance 5, Series of 2000 (attached). V. COMPATIBILITY WITH THE VAIL LAND USE PLAN Staff believes this proposed text amendment would impact the following goals and policies identified in the Vail Land Use Plan: 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. 2 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Staff Response Staff believes the proposed amendment would help facilitate the location of employee housing units within the Town of Vail (a high Council priority) in existing infill locations. Staff believes affordable employee housing is essential for the provision of services that both residents and visitors expect. Staff also believes the benefits of employee housing may outweigh the need for accommodation units at certain locations. 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. Staff Response Although the Land Use Plan identifies lodging unit preservation as a high priority, it also identifies appropriate locations for accommodation units (the Village and Lionshead). Staff believes these policies should be used to identify whether a proposed conversion is consistent with master planning objectives. Although the conversion of any accommodation units within the Town's core areas would be highly discouraged, staff believes certain other properties in town may be appropriate for the location of employee housing. 5.1 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff Response Staff believes the proposed text amendment furthers the above-listed goals by providing additional opportunities for locals/employee housing within the town limits. 6.9 Services should keep pace with increased growth. Staff Response Staff believes the provision of employee housing is vital if Vail is to provide services consistent with the demand created by residents and visitors. 3 ORDINANCE NO. 5 SERIES OF 2000 AN ORDINANCE AMENDING CHAPTER 13-7, TOWN OF VAIL CODE, TO ALLOW FOR THE CONVERSION OF ACCOMMODATION UNITS INTO CONDOMINIUMIZED EMPLOYEE HOUSING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Vail Town Council has long identified a need for affordable local employee housing; and WHEREAS, the Vail Town Council held multiple public hearings for discussion of this topic in accordance with the provisions of Section 12-3-6, Town of Vail Code; and WHEREAS, the Town of Vail Planning and Environmental Commission unanimously voted to recommend approval of this amendment at its public hearing held February 14, 2000; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to amend said Sections of the Town of Vail Code. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 13, Section 7, of the Town of Vail Code is hereby amended to read as follows: (Note: Added text is shown in bold and underlined type; deleted text is shown in strisken type) SECTION: 13-7-1: Purpose 13-7-2: Definitions 13-7-3: Preliminary Map 13-7-4: Final Map 13-7-5: Review Procedure 13-7-6: Additional Requirements For Condominium Conversions to EmDlovee Housinq Units 13-7-7: Condominium Conversion Of Lodge Or AccoMmodation Units 13-7-8: Restrictions on Units Converted Prior to Februarv 7. 1995 13-7-9: Action On Preliminary Map 13 7 0: PraW4:Ri.;o,Z 13-7-10: Final Map; Certification And Approval 4,3-7-11: S ur d+v+s+e P u b}i c R pert 13-7-11: Improvement Security 13-7-12: Exemptions 13-7-13: Applicability 13-7-14: Filing And Recording 13-7-1: PURPOSE: This Chapter has been adopted in accordance with the provision of the Local Government Land Use Control Enabling Act of 1974, as found in Colorado Revised Statutes section 29-20-101 et seq., as more particularly spelled out in Colorado Revised Statutes section 29-20-104, to regulate condominium developments which may result in significant changes in the population of the Town and to control the impact thereof on the Town and the surrounding areas. The Town finds that this Chapter is necessary for Ordinance 5, Series of 2000 1 the protection of the public health, safety and welfare to accomplish the following purposes: A. To ensure the performance of maintenance responsibilities in condominiums and converted condominiums, and to promote the public health, safety and welfare. B. To ensure that rental units being converted to condominiums meet reasonable physical standards as required by subdivision and building codes adopted by the Town. C. To protect from unnecessary eviction the residents of rental units being converted to condominiums, and to assist these residents in meeting their future housing needs. D. To preserve a reasonable balance in the owned versus rental housing mix and to maintain the supply of low to moderate income units available in the Town. E. To monitor the supply of low to moderate income units so that the Town may take measures to avoid a worsening housing crisis. F. To ensure the rental pool of accommodation units is not depleted by the conversion of lodges and accommodation units to condominiums. (Ord. 1(1995) § 1: Ord. 2(1983) § 1) 13-7-2: DEFINITIONS: The following definitions shall apply to the interpretation of this Chapter: BYLAWS: Shall refer to the bylaws of the unit owners' association or corporation. COMMUNITY APARTMENT: A development in which there is an undivided interest in the land coupled with the right of exclusive occupancy of an apartment located therein. Community apartments shall be subject to the same restrictions and conditions set forth in this Chapter for condominium units. CONDOMINIUM CONVERSION: The development or use of the land and existing structures as a condominium project regardless of the present or prior use of such lands and structures, and regardless of whether substantial improvements have been made to such structures. It shall not be permitted to convert existing lodges or accommodation units to a condominium project. CONDOMINIUM PROJECT: The entire parcel of real property, including all structures thereon, to be divided into two (2) or more units for the purpose of constructing or converting existing structures to condominium units. CONDOMINIUM UNIT: An individual air space unit together with the interest in the common elements appurtenant to such unit. DECLARATION: An instrument recorded pursuant to the statutes of the State and which defines the character, duration, rights, obligations, and limitations of condominium ownership. The declaration shall include all restrictions, limitations and specifications which may be required by the Planning and Environmental Commission or Town Council, including provisions relative to time-sharing estates, licenses or fractional fees; and the procedure for amendments of the declaration which requires approval of the Town. .EMPLOYEE HOUSING UNIT: Shall be defined in accordance with Section 12-2-2. Town of Vail Code. INDIVIDUAL AIR SPACE UNIT: Consists of any enclosed room or rooms occupying all Ordinance 5, Series of 2000 2 c. or part of a floor or floors of a building of one or more floors to be used'for residential, professional, commercial or industrial purposes, which has access to a public street. MODERATE INCOME: Shall be as defined from time to time by the Council. (Ord. 1(1995) § 2: Ord. 2(1983) § 1) 13-7-3: PRELIMINARY MAP: All proposed condominium projects shall submit the preliminary map, containing the information and requirements specified in Chapter 3 of this Title, as may be applicable to the proposed condominium project. In addition to that information, the preliminary map for the condominium project shall include: A. A map showing all common areas and usages of the building and grounds, and plans for the interior division of the building showing horizontal and. vertical boundaries of all units. B. A copy of the declaration applicable to the condominium project. C. A copy of the bylaws. The bylaws shall contain the information required by the Condominium Ownership Act of the State of Colorado9. All condominium projects shall comply with this requirement. (Ord. 2(1983) § 1) 13-7-4: FINAL MAP: The final map for the condominium project shall contain all information required by Chapter 3 of this Title as the same may be applicable to the condominium project. In addition, if there are any restrictive covenants, conditions or restrictions other than specified in the declaration, they shall be filed concurrently with the final map. (Ord. 2(1983) § 1) 13-7-5: REVIEW PROCEDURE: The review procedure for condominium projects and condominium conversions shall be in accordance with the procedures for subdivisions as specified in this Title. There shall not be permitted any conversion of existing lodges or accommodation units to condominiums 10. (Ord. 1(1995) § 3: Ord. 2(1983) § 1) 13-7-6: ADDITIONAL REQUIREMENTS FOR CONDOMINIUM CONVERSIONS TO EMPLOYEE HOUSING UNITS: The applicant proposing to make a condominium conversion shall provide the following documentation with the preliminary map: A. Conversion Report Listing Building Conditions: A condominium conversion report from the Town Building Official on the condition of the building, listing all Building Code violations, Fire Code violations and related violations which are detrimental to the health, safety and Welfare of the public, the owners, and the occupants of the building. The applicant shall have available and shall provide copies of this report to all prospective purchasers of condominium units or interest in the condominium project. B. Required Information: A report of the proposed conversion, including the following information: Ordinance 5, Series of 2000 3 1. Length of occupancy of present tenants. 2. The household composition of present tenants. 3. Current rental rates; whether rents include or exclude utilities; date and the amount of last rental increase. 4. A summary of the proposed ownership of the units, if the units will be sold as time share or interval ownerships; the approximate proposed sale price of units and financing arrangements to be provided by the applicant. C. Plans And Descriptions: Plans and descriptions showing how the following will be performed: 1. All site work shall be brought up to current Town standards unless a variance therefrom is granted to the applicant by the Town Council in accordance with the variance procedures of Chapter 1 of this Title. The Town Council may, if it deems necessary, require additional parking facilities to meet requirements of owners and guests of the condominium units. 2. Corrections of violations cited in the condominium conversion report by the Building Official. 3. Condominium projects shall meet current Uniform Building Code requirements for heat and fire detection devices and systems. (Ord. 29(1983) § 1: Ord. 2(1983) § 1) 13-7-7: CONDOMINIUM CONVERSION OF LODGE OR ACCOMMODATION UNITS: A. No New Conversions Allowed; Exception: There shall not be permitted any conversion of a lodge or accommodation unit within the Town to a condominium, except as provided for the provision of emDlovee housina units. Emplovee housina units created pursuant to this chapter are subiect to the definitions, reauirements and provisions of Chapter 12-13, Town of Vail Code ("EmDlovee Housina") and Chapter 12-16, Town of Vail Code ("Conditional Use Permits"). 13-7-8: RESTRICTIONS ON UNITS CONVERTED PRIOR TO 1995: A. Any accommodation unit within the Town which has been converted to a condominium or has received approval for a conversion prior to the effective date of Februarv 7. 1995 shall comply with the requirements of this Section. The requirements contained in this Section shall not apply to structures or building which contain two (2) units or less. B. Use By Owner/Renter: The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and filed of record with the Eagle County Clerk and Recorder. The condominium units created shall remain in the short term rental market to be used as temporary accommodations available to the general public. 1. An owner's personal use of his or her unit shall be restricted to twenty eight (28) days during the seasonal periods of December 24 through January 1 and February 1 through March 20. This seasonal period is hereinafter referred to Ordinance 5, Series of 2000 4 as "high season". "Owner's personal use" shall be defined as owner occupancy of a unit or nonpaying guest of the owner. or taking the unit off the rental market during the seasonal periods referred to herein for any reason other than necessary repairs which cannot be postponed or which make the unit unrentable. Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this Section. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three (3) times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elements of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the Clerk and Recorder of Eagle County, Colorado, and which may be collected by foreclosure on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the Town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the Town enforces the restriction, the Town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court shall award such party its court costs together with reasonable attorney fee incurred. 3. The Town shall have the right to require from the condominium association an annual report of owner's personal use during the high seasons for all converted condominium units. 4. The converted lodge units shall, not be used as permanent residences. For the purposes of this Section, a person shall be presumed to be a permanent resident if such person has resided in the unit for six (6) consecutive months notwithstanding from time to time during such six (6) month period the person may briefly dwell in other places. C. Converted Lodge Retains Customary Facilities: Any lodge located within the Town which has converted accommodation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program. D. Unsold Condominiums Rented: The converted condominium units shall remain available to the general tourist market. If unsold thirty (30) days after recording of the condominium map, the unsold converted condominiums shall be required to be furnished and made available to the general tourist market within ninety (90) days after the date of recording of the condominium map. This requirement may Ordinance 5, Series of 2000 5 be met by inclusion of the units of the condominium project at comparable rates in any local reservation system for the rental of lodge or condominium units in the Town. E. Common Areas Remain: The common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. F. Employee Housing: Any accommodation units that were utilized to provide housing for employees at any time during the three (3) years previous to the date of the application shall remain as employee units for such duration as may be required by the Planning and Environmental Commission or the Town Council. G. Applicability: All conditions set forth within this Section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shall govern the property which is the subject of the application for the life of the survivor of the present Town Council plus twenty one (21) years. Conversion of accommodation units located within a lodge pursuant to this Section, shall be modified only by the written agreement of the Town Council and the owner or owners of the units which have been converted into condominiums. The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the Town Council. (Ord. 15(1995) § 1: Ord. 1(1995) § 4: Ord. 21(1987) 1-3: Ord 2(1983) § 1) 13-7-9: ACTION ON PRELIMINARY MAP: A. Criteria Considered: At the hearing on the preliminary map, the Planning and Environmental Commission shall consider whether the proposed conversion is consistent with the following housing goals of the Town: . 1. To encourage continuation of social and economic diversity in the Town through a variety of housing types. 2. To expand the supply of decent housing for low- and moderate-income families. 3. To achieve greater economic balance for the Town by increasing the number of jobs and the supply of housing for people who will hold them. B. Determine Percentages For Sale Or Rent: The Commission may require that a reasonable percentage of the converted units be reserved for sale or rental to persons of moderate income. C. Findings Supporting Denial: The Planning and Environmental Commission may deny the tentative or preliminary map upon finding that: 1. Based on the information required by Section 13-7-6 of this Chapter, and on the vacancy rate for rental housing, tenants will have substantial difficulty in obtaining comparably priced rental housing. A rental vacancy rate below five percent (5%) based on the most recent Town survey constitutes a housing emergency situation. 2. The ratio of multiple-family rental units would be reduced to less than twenty five percent (25%) of the total number of dwelling units in. the Gore'Valley, Ordinance 5, Series of 2000 6 from Dowd Junction east to the base of Vail Pass, with no replacement rental housing being provided. (Ord. 2(1983) § 1) 4-34' 9: PPE! INW\P.Y P-UE IIQ Ti r + .rc..- five the fil,ir,,, , ..--~5}-day 'c wfts~r --~,~.gaf an Crpt+satieR-fey nvm' VGFG GR, tt'tL Ca. pp,4a'ntl sh... .r;'niaf;+ seeveFGier and-repeFt to -the Pla r~r;^^ aRd ;v'FGRMa eta!-Gernmieci3r G: it& p e appccximat scant GGRdGR?ieiur', 9WReF6hip. P. e: Existif}osnaF,c s" : eGla -11 be REAfied ef the -p4G-.,% Ecah-te+~ t shall hz%t3 c ninsty (90) day - r.accignab!e eptieR-te fchaca t4& u,-xt at this pFe mirary ma.-ket vales. Tha-KSliminary mc;:ket value shall be-a fair mc- Iiat-value #CF tk:e-044it, ::-d if t"E Plea g and missiaa HCt r n;ne° th"t tho nrr,n nnc.. r`. F''G.r high, the upp4£3}i. 198 GIGRiGd. (QFd. 2(4 993) § 1) 13-7-10: FINAL MAP; CERTIFICATION AND APPROVAL: A. Required Information; Certification: The final map to be filed by the applicant shall contain the information required by subsection 13-3-613 of this Title, relating to subdivisions as the same may be applicable to the condominium project. In addition to that information, the applicant shall obtain the following certification to be filed with the final map: receipt of a condominium report from the Building Official of the Town stating that condominium structure and units are in conformance with the Town Building Codes, Fire Codes and other related codes adopted by the Town or the Vail Fire PFetestieR D}c;rist Department, er tl,ct sgfeen4aRt6 have . Fira- PF9te6timan Dl3t.ti6t GGRGCM -g Said-StFUGtU c and-unit .13 B. Final Map Approval: No final or partial map shall be approved until the certification required in subsection A above is obtained. (Ord. 2(1983) § 1) 43 7 1: 1SUB GN-PUB! I9 °RT A. n: Theeubdivisien pubis-FepeFt chall state trwt sslas' afc Ss"just tG GGGUPa-1GY by the ~xisting4en3r.t-fcr nin -F PUbl+s-Fepsr'., 'h . Th&4ate-ef is c uan . 7 The right of nnnL:YMn y car, e, --~qve. 3. That n&+apcir J el gin until afteF the date ef the acuana cab! FePGFt, 9F the date B. Na#Gsc F: 8-- shal! be filer) with they Department f1f ncictir.g-s#-#euF-(1) pcreela e less, `.~c 4~:I:ea &,a H m , I mci~-. (QFd. 211 H3) §44 Ordinance 5, Series of 2000 7 13-7-11: IMPROVEMENT SECURITY: A. Acceptable Form Of Security: The Planning and Environmental Commission and the Town Council may require a security to be posted by the applicant which shall consist of one or more arrangements which the Council shall accept to secure the actual cost of construction of such public improvements as are required by the ordinances of the Town. The improvement security may include any one or a combination of-the types of security or collateral listed in this subsection and the applicant may substitute security in order to release portions of the condominium project for sale. The types of collateral which may be used as security are as follows: 1. Restrictions on the conveyance, sale or transfer of any unit within the condominium project as set forth on the final map. 2. Performance of property bond. 3. Private or public escrow agreement. 4. Loan commitment. 5. Assignments of receivables. 6. Liens on property. 7. Letters of credit. 8. Deposits of security funds; or other similar surety agreements. B. Amount Determined: Security other than plat restrictions, required under the improvement security, shall equal in value the cost of the improvements to be completed but shall not be required on the portion of the condominium project subject to plat restrictions. The Council shall not require security with collateral arrangements in excess of the actual cost of construction of the improvements. The amount of security may be incrementally reduced as subdivision or condominium improvements are completed. (Ord. 2(1983) § 1) 13-7-12: EXEMPTIONS: The terms of this Chapter shall not apply to developments or structures of two (2) units. (Ord. 2(1983) § 1) 13-7-13: APPLICABILITY: The terms of this Chapter shall be applicable to projects that are commenced or converted after the effective date hereof. (Ord. 2(1983) § 1) 13-7-14: FILING AND RECORDING: The Department of Community Development will record the plat and any related documents with the Eagle County Clerk and Recorder; however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the Town with a certification from the Eagle County Treasurer's office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees'for recording shall be paid by the applicant. The Community Development Department will retain one mylar copy of the plat for their records. (Ord. 18(1993) § 6). Ordinance 5, Series of 2000 8 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 effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 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. Section 4. The amendment of any provision of the Town 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 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, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 21St day of September, 2000. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the twenty-first day of September 1999, in the Municipal Building of the Town. Ludwig Kurz, Mayor Ordinance 5, Series of 2000 9 ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND AVAILABLE TO THE PUBLIC AT THE COMMUNITY DEVELOPMENT OFFICE THIS TWENTY-EIGHTH DAY OFSEPTEMBER, 1999. Ludwig Kurz, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 5, Series of 2000 10 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE:. March 21, 2000 SUBJECT: An information update regarding the PEC's approval of a request for a conditional use permit, to allow for the conversion of existing hotel rooms into employee housing units, located at 2211 N. Frontage Rd. (West Vail Lodge)/Tract C, Vail das Schone #1; Lots 1, 2 and 3, Vail das Schone #3. Applicant: Reaut Corporation Planner Brent Wilson 1. BACKGROUND AND DESCRIPTION OF THE REQUEST On February 14tH and 28tH, the PEC conceptually reviewed the applicant's proposal and requested the following items: ¦ A pedestrian access and circulation plan -the applicant submitted a plan indicating locations of ingress and egress throughout the building exterior and access to adjacent properties. ¦ A landscape plan - per the PEC's request, the applicant submitted a plan that demonstrates the placement of additional landscaping along property boundaries and within parking areas. ¦ Examples of other mixed use proiects - the applicant provided a report to the PEC on March 13tH. Staff believes the Town has acknowledged the compatibility of EHU's with other uses for years. For example, the Lionshead Redevelopment Master Plan provides specific incentives for the addition of EHU's to existing commercial and residential projects. Successful examples of this type of project in Vail include the Vail das Schone building, Vail Commons and the Austria Haus. Additionally, the applicable Commercial Core III zoning idenitfies EHU's as a compatible use with other commercial uses, subject to the issuance of a conditional use permit. ¦ Sample condominium declarations/documents - the applicant's presented these documents to the PEC on March 13tH After reviewing the above-referenced documents at its March 13th meeting, the PEC unanimously voted to approve the applicant's request. Proiect Historv The West Vail Lodge property, constructed in 1979 under Eagle County jurisdiction, includes 83 accommodation units (hotel rooms), 19 dwelling units and significant commercial floor area. In the 1980's, the Town of Vail annexed the property and applied Commercial Core III zoning. This zoning designation does not allow dwelling units or 1 accommodation units as a use and the property has been rendered non-conforming ever since its annexation into the town. In 1991, the Vail Town Council approved a special development district (SDD) at the site to allow for the addition of a new three-story building containing 37 Type I I I employee housing units. This project was never constructed and the approved SDD became null and void in 1994. The applicant's request involves the conversion of the existing 83 hotel rooms into 41 one-bedroom Type III employee housing units (including an on-site manager's unit). Additionally, the owner proposes to add additional commercial square footage at the lowest level and provide life-safety improvements to the existing 19 free-market condominiums at the upper levels. Existing meeting room space would be converted into 16 covered parking spaces in conjunction with this application. The employee housing units would range in size from 550-772 square feet with full kitchen and bathroom facilities. In addition to the walk-in closets provided in each unit, the applicant proposes 1,720 square feet of common tenant storage space. On-site amenities proposed include an exercise/sauna facility, ski lockers, a laundry facility and a pool area. The PEC is being asked to review the conditional use permit request to allow for the creation of the employee housing units. The other aspects of this proposal (commercial expansion and upgrading of dwelling units) are either permitted by right under applicable zoning or are "grandfathered." 11. REVIEWING BOARD ROLES - CONDITIONAL USE PERMIT Order of Review. Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: Action: The PEC is responsible for final approval/denial of CUP. The PEC is responsible for evaluating a proposal for: 1. Relationship and impact of the use on development objectives of the Town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and. convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the Commission deems applicable to the proposed use. 2 D 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by Chapter 12 of this Title. Conformance with development standards of zone district - Lot area - Setbacks - Building Height - Density - GRFA - Site coverage - Landscape area - Parking and loading - Mitigation of development impacts Desian Review Board: Action: The DRB has NO review authority on a CUP, but must review any accompanying DRB application. The DRB is responsible for evaluating the DRB proposal for: - Architectural compatibility with other structures, the land and surroundings - Fitting buildings into landscape - Configuration of building and grading of a site which respects the topography - Removal/Preservation of trees and native vegetation - Adequate provision for snow storage on-site - Acceptability of building materials and colors - Acceptability of roof elements, eaves, overhangs, and other building forms - Provision of landscape and drainage - Provision of fencing, walls, and accessory structures - Circulation and access to a site including parking, and site distances - Location and design of satellite dishes - Provision of outdoor lighting - The design of parks Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a 3 recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. III. STAFF RECOMMENDATION Staff believes the proposal is somewhat bittersweet given the potential loss of moderately-priced accommodation units at this location. Additionally, staff is not sure another hotel operator could not come in and operate the hotel business for a profit. However, given the existing site non-conformities, the language contained in the Vail Land Use Plan, and the provisions of the applicable Commercial Core III zoning, the Community Development Department recommended approval of the applicant's request for a conditional use permit to allow for the conversion of existing hotel rooms into employee housing units, based on the following findings: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. The PEC voted unanimously to approve the applicant's request and imposed the following conditions on the approval: 1. The approval will not be valid unless the Vail Town Council approves the pending proposal to amend Section 13-7 ("Condominiums and Condominium Conversions") of the Town of Vail Code. This amendment is necessary to allow for the conversion of accommodation units to condominiumized employee housing units. The applicant shall demonstrate compliance with all provisions of the Town of Vail Subdivision Regulations. 2. All employee housing units created with this proposal will be deed-restricted in accordance with the provisions of Section 12-13, Town of Vail Code ("Employee Housing"), prior to the issuance of a, building permit for any improvements on the property. 3. The applicant shall provide the Town of Vail a pedestrian easement for the existing sidewalk located at the south end of the subject property along North Frontage Road. 4. The applicant shall complete and improve the existing unfinished retaining wall at the north end of the subject property. This improvement is subject to approval by the Town's Design Review Board. 5. In accordance with the anticipated impacts generated by the provision of employee housing units upon the Town's transit system, the applicant shall provide a pedestrian stair 4 connection between the berm at the north end of the parking lot and the existing Town of Vail bus stop along Chamonix Lane. This improvement will be contained entirely on both the subject property and the Town of Vail right-of-way. This improvement is subject to approval by the Town's Design Review Board. 6. Landscaping along the parking area and lot perimeter will be provided in accordance with the provisions of Section 12-11, Town of Vail Code ("Design Review"). Compliance with these provisions will be determined by the Town's Design Review Board. 7. The applicant will obtain an encroachment agreement for the placement of any parking facilities within platted easements. Additionally, the proposed parking plan shall comply with the town's development standards and will be approved by staff during the design review process. 8. The applicant shall complete additional exterior improvements (if applicable) to be determined by the Town's Design Review Board. 9. A pedestrian path will be located on the northwest corner of the property. 10. An additional landscape buffer will be added to the northeast corner of the lot, subject to DRB approval. IV. ZONING ANALYSIS Under the applicable Commercial Core III (CC3) zoning, the following non-conformities currently exist: ¦ Use (residential dwelling units) ¦ Use (accommodation units) ¦ Density (units/acre) ¦ Landscaping ¦ Parking located within required setbacks Since the property was developed under Eagle County jurisdiction, the existing building has been granted a legal non-conforming ("grandfathered") status. Type III employee housing units are a conditional use in the Commercial Core III zone district. Lot Area: 3.949 acres. or 172,018 sq. ft. Buildable Lot Area: 3.890 acres or 169,448 sq. ft. Densitv: Allowed (CC3): 92 EHU's = 46 equivalent d.u.'s Existing: 19 d.u.'s and 83 a.u.'s = 60.5 equivalent d.u.'s Proposed: 19 d.u.'s and 41 EHU's = 39.5 equivalent d.u.'s GRFA: Allowed (CC3): 50,834 sq. ft. Existing: 43,532 sq. ft. Proposed: no change* TOWN OF VA1 ~ 5 Commercial Floor Area: Allowed (CC3): No limit Existing: 17,252 sq. ft. Proposed: 20,826 sq. ft. Setbacks: Required (CC3): 20' on all sides Existing: 20' on all, sides Proposed: no change Site Coveraae: Allowed (CC3): 40% or 68,807 sq. ft. Existing: 20.1 % or 34,576 sq. ft. Proposed: no change Parking: ' Required (CC3): 181, spaces Existing: 191 spaces Proposed: 207 spaces Landscapina: Required (CC3): 25% (min.) of site area or 48,395 sq. ft. Proposed: 29% of site area or 49,987 sq. ft. GRFA associated with Type III EHU's is excluded Interior landscape requirement for parking lot is not met. V. REQUIRED CRITERIA AND FINDINGS - CONDITIONAL USE PERMIT A. CONSIDERATION OF FACTORS: 1. Relationship and impact of the use on the development obiectives of the Town. The Vail Land Use Plan identifies the subject property as part of the "Community Commercial" zone. This land use designation is intended to "meet consumer demands from community residents." The key goals outlined for commercial uses in.this zone are as follows: 1) Commercial strip development should be avoided. 2) Commercial 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. Staff believes this proposal would impact the following goals and policies identified in the Vail Land Use Plan: 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. 6 1.92 Vail should accommodate most of the additional growth in existing developed areas (infill areas). Staff Response Staff believes the proposed amendment would help facilitate the location of employee housing units within the Town of Vail (a high Council priority) at an existing infill location. Staff believes affordable employee housing is essential for the provision of services that both residents and visitors expect. Staff also believes the benefits of employee housing may outweigh the need for accommodation units at this location. 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. Staff Response Although the Land Use Plan identifies lodging unit preservation as a high priority, it also identifies appropriate locations for accommodation units (the Village and Lionshead). Staff believes these policies should be used to identify whether a proposed conversion is consistent with master planning objectives. Although the conversion of any accommodation unit within Vail's core areas should be highly discouraged, staff believes the subject property may be an appropriate location for employee housing. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with 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 varied sites throughout the community. Staff Response Staff believes this proposal furthers the above-listed goals by providing additional opportunities for locals/employee housing within the town limits at an existing infill location. 6.1 Services should keep pace with increased growth. 7 Staff Response Staff believes the provision of employee housing is vital if Vail is to provide services consistent with the demand created by residents and visitors. 2. The effect of the use on liaht and air. distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. The subject property is located in a developed "infill" area with access to all of the above-listed facilities and services. Staff believes the reduction in units with this proposal will have a.positive impact on these facilities while in the increase in commercial floor area (17%) will have a limited incremental impact on the above-listed facilities. 3. Effect upon traffic with particular reference to conaestion, automotive and pedestrian safety and convenience. traffic flow and control. access, maneuverabilitv. and removal of snow from the street and parkina areas. Traffic Flow - "Attachment 1" references ITE's (Institute of Transportation Engineers) projected traffic impacts for the existing and proposed uses at the site. According to ITE calculations, we should anticipate a 10% decrease in traffic generation based on proposed uses.- This is due largely to the decrease (over 50%) in the number of employee housing units proposed compared to existing accommodation units. Additionally, staff anticipates a higher usage of town transit (West Vail Red and Green routes) by potential local employees. Staff believes this proposal would have a positive impact on traffic flow in the area. Parking - Based on the proposed land uses, the Town of Vail Code requires 184 parking spaces. The applicant is proposing 207 spaces on site. Snow storage requirements will be addressed as part of the design review process. 4. Effect upon the character of the area in which the proposed use is to be located. includina the scale and bulk of the orooosed use in relation to surroundina uses. The applicant is not proposing any changes to the bulk, mass or location of the existing building. B. FINDINGS The Plannina and Environmental Commission shall make the following findings before arantina a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. 8 EXISTING TRIPS GENERATED WEST VAIL LODGE C ON MAT' 'W" . 230Residential Condominium 5.857 DWELLING UNITS/WEEKDAY 19 111.283 310 Hotel 7.487 ROOMS/SATURDAY 83 621.421 810 Retail - General Merchandise 48.04 1000' GFA 13.66 656.2264 832 High-Turnover (Sit-Down) Restaurant 200.895 1000' GFA 3.592 721.61484 TOTAL I 2110.64524 SOURCE: ITE TRIP GENERATION MANUAL, FOURTH EDITION PROPOSED TRIPS GENERATED WEST VAIL LODGE TRIPS CODE DESCRIPTION TRIPS/DAY IND. VARIABLE FACTOR GENERATED 230 1Residential Condominium 5.857 DWELLING UNITS/WEEKDAY 60 351.42 310 I Hotel 7.487 ROOM57SATURDAY 0 0 810 Retail - General Merchandise ( 48.04 1000' GFA 17.238 828.11352 832 !High-Turnover (Sit-Down) Restaurant j 200.895 1000' GFA 3.588 720.81126 TOTAL 1900.34478 SOURCE: (ITE) TRIP GENERATION MANUAL, 4TH EDITION p5~ 1"01 L d wi~st o ge K ~s a 'f V f Redevelopment .d p.y..y. Vim. 'M1r ~ M~111T~ J9~'. ~ r 1Y tiff x F~ Conceptual Design w xr. r Site & Building Improvements .-,s s: ' o b February 22, 2000 FRITZLEN PI E R C E SMITH ARCHITECTS ¦f0 E VJ VAF Oi. Fs¦R U .Vat CO F¦A M1MfI011riJAI 4W1 HbW] ' A e Vail w st Lodge E Redevelopment 1p5 First Floor Plan 114 ~a. =I 104.: v r; f 101 Commercial 5071 Sq. Ft. `102 Commercial 1336 Sq. Ft. F, i 103 Restaurant 3588 Sq. Ft. - 104 Commercial 5215 Sq. Ft. 10 105 Commercial 0545 Sq. Ft. 114 Parking 5340 Sq. Ft. Pool, 102 Ledge 101 ! ]Retail ! z I ] Common Area FRITZLEN P I E R C E ] Residence Amenities SMITH ! IN Building Administration j' Underground Parking ARCHITECTS nu c vn vas w +us. u va co .w rP«d..wr rwmr os+m mm nswr g. t f • • r Redevelopment 106 Enlarged First Floor Plan .~,a- F tea t a Y~ s'~#' ' t'C ,.rout e wz. 110 1-6 s$"rteE a 106 Residence Storage 0199 Sq. Ft. c,x hINA 107 Residence Storage 1200 Sq. Ft. z a" k+.r rt +r " 108 Exercise/ Sauna 0733 Sq. Ft. E " - 109 Laundry 0234 Sq. Ft. >"~1 110 Manager's Unit 0797 Sq. Ft. 1 ~9 r~ 111 Mechanical 0650 Sq. Ft. 'E-, 11 112 Ski Lockers 0218 Sq. Ft. ~y sr 1`7W 113 Storage 0101 Sq. Ft. O 113 1-12 6- 108 Ledge I Retail FRITZLEN ~ - _ I 71 Residence Storage PIERCE S M I T H Residence Amenities - Building Administration A R C H I T E C T S WC Underground Parking Id9)01 116dMW01 416d112 Pg. 3 Redevelopment 203 Second Floor Plan 21~ 210 209 208 207 206 205 1 204, 202 'I 201 Retail 5071 Sq. Ft. - L _ _ L 202 E.H.U. (1 Bedrm) 0772 Sq. Ft. 212 21.3 214 I 2151 216 217 218 219 ! 220 ! 221 203 E.H.U. (1 Bedrm) 0550 Sq. Ft. _ 204-211 E.H.U. (1 Bedrm) 0560 Sq. Ft. 212 E.H.U. (1 Bedrm) 0630 Sq. Ft. 213-219 E.H.U. (1 Bedrm) 0630 Sq. Ft. 220 E.H.U. (1 Bedrm) 0630 Sq. Ft. 221 E.H.U. (1 Bedrm) 0630 Sq. Ft. I Total E.H.U. 20 L f Ledge 201. I Retail FRITZLEN j ( P I E R C E ( ) Residence Common Area SMITH Employee Housing Units I , U I- J Building Roof ARCHITECTS L Vd vMl 0.. fa6Wgv GI vi CO lbA ipicbCewi Pg. 4 r _ aw t V wIL' d es a.U.- oug I 302 - Redevelopment 310 ~I 309, 308 3Q7 306 ~ 305 ~ 304 303 Third Floor Plan I 4 c ~1 ~2 3 313. 314. 31-:5 316. 317 318 3~9 ~ 320 301 EA.UI (1 Bedrm) 772 Sq. Ft. - = -1 - 302 E.H.U. (1 Bedrm) 550 Sq. Ft. 303-310 E.H.U. (1 Bedrm) 560 Sq. Ft. 311 E.H.U. (1 Bedrm) 630 Sq. Ft. Bedroom Living 312-317 Room E.H.U. (1 Bedrm) 630 Sq. Ft. 318-320 - - E.H.U. (1 Bedrm) 630 Sq. Ft. Total E.H.U. 20 Ledge FRITZLEN a7R P 1 E R C E[_ i Employee Housing Units SMITH [ I Residence Common Area Bedroom I Living Room ARCHITECTS , OI0 L Yil Vi41 d. iJYye. G1 Yal. CO 0!A IP- ' 111' w Val i d +T] ' 'I' RON ro? r"r' e ¢ +r5w' r x x d - c n n Redevelopment t3 nr~"'+ ~'°zh6 azw.zr Lffi yi am `lN' Y ~d ( ~p1r , rt a y _ c i 'pis '3~ro+ r § A ry~ aa'1, art ~a T},.~ts Sd ~=y;, i~"' - t ' n kt', ~+'x,o•.` ~1 :t<,l`~ 2`~~". ''1o-"„' _ t• +r- aC 9;~E is~ik . s a i "r 'p%- Y;, ,40x1 b ~4c10F. ,a 40k9 ,408k,i X40;7'406, Rti 405' 404 } ; a 403 - r^ e sa tr}Y r 'aa. #z r g { i~rs ndi % "l + f q4 re 3 ~'3 t r, .ut Fourth Floor Plan ° t y ~i,~; .ru.7 wz :.~"rru~.K,Et~an~.( kaaNY^~" iA~.x___.. . 3r..aom:y'1:»T>x,. '9°w~v (w by 7. ^ 1^1f~, P"~ , 7" a ' xxN' e -r~'~°t Ft` ~a 77 ~7 i.a IS Mg ' a ` ~~41=1yr 412 413 x41;4 ~,41516~ 41~7ti4f84i9,r420x 401 F.M.U. 2 Bedrm 369 SQ. Ft. -nNi 402 Mechanical 282 Sq. Ft. 403-409 F.M.U. (2 Bedrm) 571 Sq. Ft. 410 F.M.U. (4 Bedrm) 856 Sq. Ft. 411 F.M.U. (4 Bedrm) 974 Sq. Ft. 412-419 Living :~Bedroom~j F.M.U. (2 Bedrm) 644 Sq. Ft. Room 420 E.H.U. (2 Bedrm) 626 Sq. Ft. Total F.M.U. 19 Ledge [rx~ Free Market Unit- Lower Plan M I ZLEN ;PIERCE [ I Residence Common Area SMITH - "_I Building Administration Living ;..Bedroom' Room ARCHITECTS itl E VJ VJIn Or0. iJtlge Gt Vi, co eW ~pw<am.i Pg. 6 est Va il.,~ to ge. Redevel®pent Lot Floor Plan 509 508 507 506 505 504 503 502 - - 501! 510 511 512 513 514 515 518 51.9 520 521 j i - 501 F.M.U. (2 Bedrm) '514 Sq. Ft. I L_ 502-508 F.M.U. (2 Bedrm) 426 Sq. Ft. 509' F.M.U. (4 Bedrm) 702 Sq. Ft. Storage 510 F.M.U. (4 Bedrm) 910 Sq. Ft. Open to 511-519 Below - - F.M.U. (2 Bedrm) 527 Sq. Ft. 520 F.M.U. (2 Bedrm) 551 Sq. Ft. 221 F.M.U. (2 Bedrm) 526 Sq. Ft. Bedroom' ii FRITZLEN Bedroom PI E R C E SMITH Ledge Open to J Free Market Unit- Upper Plan Below Storage ARCHITECTS vot vd v,a~a. vx}.u . c eeu ,m.. rmm7 as.ni mm neaw: Pg. 7 Lo e est Redevelopment ' Site Plan r rt a , - Parking { 16 Underground Parking Spaces T $ ' k 161 Outdoor Spaces at West and South k ~(Q 38 Additional Outdoor Spaces at North ~4 h 215 Total Parking Spaces w *Improved Parking Lot Landscape : h t C bZ.w ®Improved Trash Enclosure } 910 FRITZLEN~s PI E R C E SMITH r~ ~r r Y a y ARCHITECTS Y° Mi0 E vJ 4Jv1 tr. NIYR C+ . , n : Z CO IkA Ip,imbr~Ywl i~dJ101 OHAI pI41 fMOli Pg. 8 West V,,, i Lod Redevelopment Front Elevation P' Vic'5 s y r , New Commercial Facades F r x_ a t~ r •Inviting Storefronts ~ 8 i aty 7--qt _ e i' 't+' `r 1'' q t 7 4t j r lx w I{r a - a t AM& •Direct Entrances into Commercial s OWN' Spaces K J 1 I• << z ~NW,I T •Improved Deck Area for Restaurant r- -t i ~e c r- 3 S,Isrt~ QN, 61 y P 4~ h FRITZLEN PI E R C E SMITH ARCHITECTS 810 E VW Yil A'. FJI{e Gt c V.{ CO C6p Ig8[tlwibal nplmi us+1m sai aeaui Pg. 9 West Vail Lodge rr Redevelopment K Employee Housing Unit - Employee Housing Unit I t 1 Bedroom 560 Sq. Ft. - r *Newly Improved Kitchen and Bathroom •Walk-In Storage Closet y •Spacious Living Unit - FRITZLEN I PI ERCE~ SMITH AR CHI T E C T S 6f0 E VJ VdeY p. f3tleY U Y Vi CO l169 ~p.eRObibrl Pg. 10 West Vail Lodge Redevelopment FTopo5eA3ite Flan Mash 07,, 2000' k - ~'+-gin: ,A.,,. ~ t • S/~;% i K F??J.+-.~e le" 5.7 az' f.. ~R ,r Yrertcns~ Y~ ! k', ti r J~ r L # i Yi S'mi 53. ;6 07% x On, . tw n- -J - ( 77E7-97GRY^ MINHW _T~ e ' 1. 14, aaut,w 7 B~ zy has y 1 v _ n ~ y Fritzlen Fierce Smith _ r T.... Architects MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: March 21, 2000 SUBJECT: PEC approval of a major exterior alteration and conditional use permit to allow for the redevelopment of the Vail Athletic Club & Spa, located at 352 East Meadow Drive/a part of Tract B, Vail Village First Filing. Applicant: Ron Byrne, d.b.a. VML, L.L.C., represented by Tom Braun Planner: George Ruther & Russ Forrest At the March 14th worksession, the Town Council, requested additional information on the development parameters for the site and how they compared to the underlying zoning and employee housing for this project. Attached is a response to the employee housing issue and a summary of the development parameters. In addition, staff attached the PEC memo dated March 13th regarding the Vail Athletic Club. Staff would request that the Town Council review the criteria for a major exterior alteration and a conditional use permit outlined on pages 13-16 of the memo. As per the Town Code, this application must be reviewed on the basis of whether this proposal: complies with the Public Accommodation zoning; complies with the Vail Village Master Plan (see pages 4-8 of the staff memo); the criteria for a major exterior alteration; the criteria for a conditional use permit; and whether impacts have been adequately mitigated as per the Public Accommodation Zone District. Both the Planning and Environmental Commission and staff feel that this project complies with the above mentioned review criteria. The project does comply with the underlying zoning. No portion of the proposed addition except for an archetechtural feature exceeds 48 feet. The attached memo from the applicant describes how the applicant proposes to address the Town's current housing policy related to employee generation. The only negative implications that staff could find include loss of meeting room and spa space. In addition several trees would be removed. Given these pros and cons, both the PEC and the DRB indicated that this project was a model for how a hotel should be remolded based on the new Public Accommodation Zone District. Attachment 1: Summary of Development Statistics Attachment 2: Summary of Housing Needs Attachment 3: Memo to PEC from Staff date March 13th \\VAI L\DATA\EVERYON E\PEC\M EMOS\00\VAC0321. doc IBA II/ BRAUN ASSOCIIA li FS, ZINC PLANNING and COMMUNITY DEVELOPMENT MEMORANDUM TO` Vail Town Council FROM: Tom Braun CC: George Ruther DATE: March 16, 2000 RE: Vail Athletic Club As per your request, attached you will find a table which compares the VAC redevelopment proposal with the PA Zone District standards and the most recently approved SDD for the project. In reviewing this information, bear in mind that a key element of this redevelopment proposal is to void the existing SDD. As a result, the level of development approved by the current SDD approval is academic and was not considered by the applicant, the staff or the Planning Commission in the review of this new proposal. While comparison of previous SDD approvals is relevant in the case of a proposed amendment to an existing SDD, in this case the appropriate standards to be used in evaluating the project are the development standards of the PA zone district. As outlined in the staff memo, the proposed redevelopment conforms with these standards. For your information, I have also attached a letter to George Ruther which outlines refinements and modifications to the employee housing component of this proposal. Specific aspects of the employee housing units will be reviewed by the Planning Commission as part of a conditional use review on April l Ocn Minturn Ironworks Building Phone - 970.827.5797 201 Main Street, 2nd Floor Fax - 970.8275507 Post Office Box 776 www.braunassociates.com Minturn, Colorado 81645 2000 VAC Re-development Proposal 16-Mar-00 Site Area: 29,749 square feet/.68 acres 2000 PA Zone 1999 SDD Zonina Standard Proposal District Aooroval (1) Setbacks Varies 20' Varies Building Height No dormers 48' Dormers exceed exceed 48' 48' GRFA (2) 130% of site area, 150% of site area, 111 % of site area, or 38,438 sq.ft. or 44,623 sq. ft. or 33,078 sq. ft. Density (3) 5.9/acre 25 DU's/acre 5.9/acre Site Coverage 61% 65% 71% Landscaping 32% 30% 32% Parking (4) 22 spaces 22 spaces Summarv of Maior Uses Accommodation Units - 30 units 54 units Fractional Fee Club Units 7 units 0 units Dwelling Units 4 units 4 units AU Square Footage 15,087 25,008 FFU Square Footage 10,528 0 DU Square Footage 12,823 8,070 Club Square Footage 18,552 21,499 Restaurant Square Footage 2,372 3,562 Meeting Room Square Footage 611 1,330 Notes (1) As per TOV staff memos (2) Exclusive of EHU square footage (3) As per new PA zone district, density only reflects dwelling units (not AU's, FFU's or EHU's) (4) Parking is a pre-existing non-conforming situation IBA IV B kA UI I A S S O C 111 A iI IL E S, !INC. PLANNING and COMMUNITY DEVELOPMENT March 16, 2000 Mr. George Ruther Senior Special Projects Planner Town of Vail 75 South Frontage Road Vail, CO 81657 RE: VAC/Employee Housing Dear George: Thank you for your time to discuss the employee units proposed as an element of the Vail Athletic Club re-development. The following summarizes minor refinements to the staff's assessment of new employee generation and modifications we are making to employee units proposed for the project. As discussed, these modifications are intended to address specific requirements of the Town's EHU ordinance. As I had speculated during our meeting, these modifications will result in an additional 120 square feet dedicated to EHU's, bringing the total EHU square footage to approximately 1,615. Employee Generation Analysis The staff s initial assessment of projected employee generation was based on a comparison of the current number of existing employees in the existing hotel with an estimated number of employees needed to serve the proposed hotel. The later estimate was generated by applying the Town's employee generation ratios to the proposed development. This assessment essentially compared "apples to oranges" in that it considered a "real" existing condition with the Town's formula for employee generation. The following table compares the existing hotel with the proposed hotel, in both cases utilizing the Town's employee generation formula (i.e. an "apples to apples" comparison). Existing Hotel Proposed Hotel Units/So. Ft. EMDlovees Units/So. Ft. Emrilovees Health Club (1.25/1,000) 20,346 sq.ft. 25.4 18,552 sq.ft. 23.1 Restaurant (6.5/1,000) 2,494 sq.ft. 16.2 2,372 sq.ft. 15.4 Lodging (1/unit) 27 units 27.0 37 units 37.0 Condos (.4/unit) 4 units .8 4 units 1.6 Total Employees 69.4 77.1 Minturn Ironworks Building Phone - 970.827.5797 201 Main Street, 2nd Floor Fax - 970.8275507 Post Office Box 776 www.braunassociates.com Minturn, Colorado 81645 Based on the above, the incremental employee increase is 7.7 employees. The informal policy of the Town has been for development "at or below density" to provide housing for-15% of these employees and for development "exceeding density" to provide housing for 30% of the new employees. Based on this policy, housing should be provided for-15%, or 1.15 employees. If the 30% standard is used, housing should be provided for 2.3 employees. Existing Employee Housing Units The VAC currently has four employee housing units. These studio units are located on the fourth floor of the building and accommodate a total of four people. The total square footage devoted to these units is approximately 1,288 square feet. The average unit size is 322 square feet with a range in unit size from 288 square feet to 363 square feet. Proposed Employee Housing Units Employee housing proposed for the project involves re-locating the four existing units from the fourth floor to the first floor and constructing a new unit on the first floor. The four re-located units will be Type IV units and will accommodate four employees. The fifth unit will be a Type III unit and will accommodate two people. All five units will conform with design standards outlined by the Town's EHU ordinance. The four re-located units will comprise approximately 1,165 square feet with an average unit size of around 290 square feet.' The fifth unit will be approximately 450 square feet in size. Benefits of Proposed Employee Housing Other factors to consider in evaluating the merits of this proposal include the following: • Proposed units can accommodate six employees, a net increase of two employees, • All ~-,,,,loyee housing units will be on-site, • Each of the five units will be "brand new", • The four re-located units will be provided with a storage locker as required by the EHU ordinance. These units currently do not have this storage, • Each unit will be deed restricted in accordance with the Town's latest EHU standards, and • The first floor location will allow for more convenient access as compared to the existing units. - I hope this information is helpful. Let me know if there is anything else I can provide to you in order to facilitate the review of this proposal. Sincerely, Thomas A. Braun encl. CC: Vail Town Council Ron Byrne MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 13, 2000 SUBJECT: A request for a final review of a major exterior alteration and conditional use permit to allow for the redevelopment of the Vail Athletic Club & Spa, located at 352 East Meadow Drive/a part of Tract B, Vail Village First Filing. Applicant: Ron Byrne, d.b.a. VML, L.L.C., represented by Tom Braun Planner: George Ruther 1. DESCRIPTION OF THE REQUEST The applicant, Ron Byrne, represented by Tom Braun, is requesting a major exterior alteration and conditional use permit to allow for the redevelopment of the Vail Athletic Club & Spa. The Vail Athletic Club & Spa is located at 352 East Meadow Drive at the intersection of East Meadow Drive and Vail Valley Drive. The proposed redevelopment of the Vail Athletic Club & Spa includes a major renovation and upgrading of the existing building along with several exterior additions to the existing structure. The new exterior additions are generally located on the south, west and north sides of the building. Due to the configuration and design of the existing structure, the majority of the new square footage being added is atop existing building foundation and is in the form of infill development. The applicant is proposing to redevelopment the existing hotel in accordance with the development standards prescribed for the Public Accommodation Zone District. If the proposal is approved, the existing Special Development District will be abandoned. The major elements of the redevelopment proposal include: • The complete renovation of the exterior of the building. The renovation introduces a new architectural style for the building. The proposed improvements to the exterior include a combination of stone, wood siding, stucco and timbers. The new architectural style is more in keeping with the goals of the Vail Village Master Plan and Urban Design Considerations. • A complete remodel of the interior of the hotel. The remodel to the interior includes a newly designed restaurant and bar, lobby, front desk, health club and meeting space. • Modifications to the existing accommodation units (20) and the creation of 10 new accommodation units. The average size of the 30 accommodation units is over 500 square feet per room. • The creation of a fractional fee club operation. The proposed club will include a total of seven new fractional fee club units. The size of the club units varying between two and three bedroom units. Operation of the club will be in accordance with the provisions outlined in Chapter 16 of the Zoning Regulations. • The addition of two, new free-market, for-sale condominiums. The new condominiums will 1 TOWN OF PAIL be located on the top floor of the hotel. There are two dwelling units existing in the hotel. • The construction of one, new on-site employee housing unit. The new unit will be in addition to the four units already on-site. As a result of the proposed remodel each of the existing employee units will be remodeled and upgraded. The on-site units will provide deed- restricted housing for up to ten employees. • The implementation of the suggested streetscape improvements along Vail Valley Drive and East Meadow Drive. II. STAFF RECOMMENDATION The Community Development Department recommends approval of the applicant's request for a major exterior alteration and conditional use permit to allow for the redevelopment of the Vail Athletic Club & Spa, located at 352 East Meadow Drive. Staff's recommendation of approval is based upon the review of the criteria outlined in Sections V & VI of this memorandum. Should the Planning & Environmental Commission choose to approve the major exterior alteration and conditional use permit request, staff would recommend that the Commission make the following findings, "That the major exterior alteration and conditional use permit requests comply with the criteria as outlined in Sections V & VI of this memorandum. Specifically, the request for 131 % GRFA, 63% site coverage and the variations from the setback requirements meet the goals and the intent of the Vail Village Master Plan and Urban Design Considerations" Should the Planning & Environmental Commission choose to approve the applicant's request, staff would recommend that the following conditions be made part of the approval: 1. That the developer submits a complete set of engineered plans for the required streetscape improvements. The plans shall be required to comply with the applicable Town of Vail Development Standards. The plans shall be reviewed and approved by the Town of Vail Public Works Department prior to appearing before the Town of Vail Design Review Board for final review of the streetscape improvements. The plans shall receive final approval prior to the issuance of a building permit 2. That the developer records a deed-restriction for the new Type III Employee Housing Unit in the Vail Athletic Club & Spa with the Eagle County Clerk & Recorder's office prior to the issuance of a building permit. 3. That the developer submits an application to the Town of Vail Community Development Department for a conditional use permit to allow for the construction of one new Type III Employee Housing Unit in the Vail Athletic Club & Spa and that the permit be approved by the Planning & Environmental Commission prior to the issuance of a building permit. 4. That the developer submits a tree preservation plan to the Town of Vail Community Development Department for review and approval prior to the issuance of a building permit. 5. That the developer submits a construction staging and access plan to the Town of Vail 2 Community Development Department for review and approval prior to the issuance of a building permit. The plan shall include the location of a construction fence and erosion control fence to preserve and protect the Gore Creek riparian corridor. 6. That the developer pays the Town of Vail $13,620, as previously agreed to, for previous streetscape improvements already completed by the Town of Vail on behalf of the Vail Athletic Club & Spa. 7. That the developer submits a comprehensive sign and exterior lighting program for the Vail Athletic Club & Spa to the Town of Vail Community Development Department for review and approval prior to the issuance of a building permit. III. BACKGROUND November 1993 - The Vail Town Council approved Ordinance No. 27, Series of 1993, establishing Special Development District No. 30, Vail Athletic Club. The establishment of Special Development District No. 30 allowed for up to 52 accommodation units, 4 dwelling units and 4 employee housing units. The total allowable GRFA was 32,282 square feet with an additional 17,000 square feet permitted for restaurant, club, lobby, etc. The underlying zoning for the property is Public Accommodation January 1996 - The Vail Town Council approved Ordinance No. 2, Series of 1996, amending the Approved Development Plan for Special Development District No. 30. The amending ordinance increased the number of allowable accommodation units to 55 and increased allowable GRFA to 34,505 square feet. There was no change to the number of dwelling units or employee housing units. March 1997 - The Planning & Environmental Commission approved a minor amendment to Special Development District No. 30. The minor amendment allowed for modifications to the parking garage, restaurant, common areas and the balconies and decks of the accommodation and dwelling units. May 4 1999 - The Vail Town Council denied Ordinance No. 12, Series of 1999, amending the Approved Development Plan for Special Development District No. 30. Had it been approved, the amending ordinance would have permitted an a reduction in the number of accommodation units from 54 to 46 and increased the number of dwelling units back to four as originally approved. October 1999 - The Vail Town Council approved Ordinance No. 23, Series of 1999, amending the prescribed development standards for the Public Accommodation Zone District and establishing a revised development review process. The approved amendments, in part, increased allowable GRFA to 150% of the site area, increased site coverage from 55% to 65%, eliminated AU's/EHU's/FFU's from the density calculation, and changed the definition of a "lodge". The building height, landscape and parking requirements remained unchanged. 3 IV. PROS AND CONS Benefits • Provides an increase in the number of short-term accommodations in the Town of Vail • Improves and redevelops an older building in the Town of Vail • The project complies with the Town of Vail Land Use Plan • The recommended streetscape improvements will be implemented • An increased occupancy potential due to the operation of the fractional fee club • The construction of up to two new employee beds in the Village • The redevelopment of an existing building that currently does not comply with many of the development objectives of the Vail Village Master Plan and Urban Design Considerations Y The elimination of a Special Development District Negatives • The loss of meeting room space in Vail • The loss of health club-square footage and other similar amenities • The loss of several existing trees V. MAJOR EXTERIOR ALTERATION The development review process for the proposed redevelopment of the Vail Athletic Club & Spa is established in the Town of Vail Zoning Regulations. According to Section 12-7A-12, "The construction of a new building or the alteration of an existing building shall be reviewed by the Design Review Board in accordance with Chapter 11 of the Zoning Regulations. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, any project that adds more than 1,000 square feet of commercial floor area or common space, or any project which has substantial off-site impacts (as determined by the Administrator) shall be reviewed by the Planning & Environmental Commission as a major exterior alteration in accordance with this Chapter and Section 12-3-6 of the Town Code. " Staff has determined that this request is a major exterior alteration, since the redevelopment application includes an increase in the number of dwelling units, accommodation units, fractional fee club units, and employee housing units to the site. Vail Village Master Plan According to the Vail Village Master Plan, Action Plan, the Vail Athletic Club & Spa is located within the East Meadow Drive Sub-area (5-1). The only recommended action in the sub-area is the completion of the streamwalk. The streamwalk has long since been completed. No further improvements are required. Pursuant to the other elements of the Master Plan, the Vail Athletic Club & Spa is located in the periphery area surrounding the Village (Land Use Plan), already exceeds the conceptualized height (Conceptual Building Height Plan), has no negative impacts on the proposed open space of Vail Village (Open Space Plan), and fronts upon a street devoted to accommodating both vehicular and pedestrian traffic (Parking and Circulation Plan). 4 Goals for Vail Village are summarized in six major goal statements. The goal statements are designed to establish a framework, or direction, for future development of the Village. The goals, along with the established objectives and policies are to be used in evaluating a proposal during the development review process. The following goals, objectives and policies have been identified: Goal #1 Encourage high quality redevelopment while preserving the unique architectural scale of the Village in order to sustain its sense of community and identity. 1.1 Obiective: Implement a consistent Development Review Process to reinforce the character of the Village. 1.1.1 Policv: Development and improvement projects approved in the Village shall be consistent with the goals, objectives, policies and design considerations as outlined in the Vail Village Master Plan and Urban Design Guide Plan. 1.2 Obiective: Encourage the upgrading and redevelopment of residential and commercial facilities. - 1.2.1 Policv: Additional development maybe allowed as identified by the action plan as is consistent with the Vail Village Master Plan and Urban Design Guide Plan. 1.3 Obiective: Enhance new development and redevelopment through public improvements done by private developers working in cooperation with the Town. 1.3.1 Policv: Public improvements shall be developed with the participation of the private sector working with the Town. Goal #2 To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. 2.1 Obiective: Recognize the variety of land uses found in the 10 sub- areas throughout the Village and allow for development that is compatible with these established land use patterns. 2. 1.1 Policv: The zoning code and development review criteria shall be consistent with the overall goals and objectives of the Vail Village Master Plan. 2.3 Obiective: Increase the number of residential units available for short- term, overnight accommodations. 5 2.3.1 Policv: The development of short-term accommodation units is strongly encouraged. Residential units that are developed above existing density levels are required to be designed or managed in a manner that makes them available for short-term overnight rental. 2.4 Obiective: Encourage the development of a variety of new commercial activity where compatible with existing land uses. 2.4.1 Policv: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activity generators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. 2.5 Obiective: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve"the needs of our guests. 2.5.1 Policv: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. . 2.5.2 Policv: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health and safety considerations. 2.6 Obiective: Encourage the development of affordable housing units through the efforts of the private sector. 2.6.2 Policv: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. 2.6.3 Policv: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3 To recognize as a top priority the enhancement of the walking experience throughout the Village. 3.1 Obiective: Physically improve the existing pedestrian ways by landscaping and other improvements. 3.1.1 Policv: Private development projects shall incorporate streetscape improvements (such as paver 6 treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. 3.1.2 Policv: Public art shall be encouraged at appropriate locations throughout the Town. 3.1.3 Policv: Flowers, trees, water features and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. 3.2 Obiective: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. 3.2.1 Policv: Vehicular traffic will be eliminated or reduced to absolutely minimal necessary levels in the pedestrianized areas of the Village. 3.3 Obiective: Encourage a wide variety of activities, events and street life along pedestrian ways and plazas. 3.3.2 Policv: Outdoor dining is an important streetscape feature and shall be encouraged in commercial infill or redevelopment projects. 3.4 Obiective: Develop additional sidewalks, pedestrian-only walkways and accessible green space areas, including pocket parks and stream access. 3.4.1 Policv: Physical improvements to property adjacent to stream tracts shall not further restrict public access. 3.4.2 Policv: Private development projects shall be required to incorporate new sidewalks along streets adjacent to the project as designated in the Vail Village Master Plan and/or Recreation Trails Master Plan. Goal #4 To preserve existing open space areas and expand green space opportunities.. 4.1 Obiective: Improve existing open space areas and.create new plazas with green space and pocket parks. Recognize the different roles of each type of open space in forming the overall fabric of the Village. 4.1.3 Policv: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. 7 Goal #5 Increase and improve the capacity, efficiency and aesthetics of the transportation and circulation system throughout the Village. 5.1 Obiective: Meet parking demands with public and private parking facilities. 5.1.1 Policv: For new development that is located outside of the Commercial Core 1 Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the Zoning Code. 5.1.5 Policv: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. 5.2 Obiective: Encourage the use of public transportation to minimize the use of private automobiles throughout Vail. 5.2.2 Policv: The Town shall facilitate and encourage the operation of private shuttle vans outside of the pedestrianized core area. 5.3 Obiective: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. Goal #6 To insure the continued improvement of the vital operational elements of the Village. 6.1 Obiective: Provide service and delivery facilities for existing and new development. 6.2 Obiective: Provide for the safe and efficient functions of fire, police and public utilities within the context of an aesthetically pleasing resort setting. 6.2.1 Policv: Development projects and other improvements in Vail Village shall be reviewed by respective Town departments to identify both the impacts of the proposal and potential mitigating measures. 6.2.2 Policv: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. 8 Public Accommodation Zone District The following development standards apply to this request: USES The only permitted uses in the zone district are "lodges". A lodge is defined as a building designed for temporary lodging of individuals or families in which the GRFA devoted to accommodation units or fractional fee club units is equal to or greater than 70% of the total G RFA. The existing building is currently non-conforming with regard to the new definition of a lodge. In the existing building 54% of the total GRFA is devoted to accommodation units. This figure includes 20 accommodation units and seven "lock-off' units attached to the existing dwelling units. As a result of the proposed redevelopment, 67% of the total GRFA will be devoted to accommodation units and fractional fee club units. This figure includes a total of 30 accommodation units and seven fractional fee club units. While this figure remains non- conforming, the proposal represents a significant increase in the amount of total GRFA devoted to accommodation unit and fractional fee club unit square footage on the property. However, in accordance with the recently adopted language for the zone district, more than 70% of the "new" GRFA resulting from this proposal is devoted to accommodation units or fractional fee club units. Therefore, the proposal complies with the provisions of the Public Accommodation zone district with regard to uses and GRFA. SETBACKS The minimum setback requirements for the property are twenty feet on all sizes. However, at the discretion of the Planning & Environmental Commission, variations to the setback standards may be granted, subject to the applicant demonstrating compliance with the following criteria: 9. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. 2. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 3. Proposed building setbacks will provide adequate availability of light, air and open space. 4. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. 5. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. The existing building encroaches into the required twenty-foot setbacks on all sides of the property. The applicant is proposing additional encroachments. The additional encroachments are requested pursuant to the criteria listed above. The areas of additional encroachment include the expanded restaurant on the south east corner of the building, the bay windows on the south side of the building and the new permanent front entry feature on the north side of the building. The encroachments are shown on the attached reduced plans. Staff believes that the proposed encroachments are warranted since they comply with setback criteria identified in the Zoning Regulations. Specifically, the proposed expansions on the south side of the building do not encroach into the 50-foot stream setback, nor do they negatively impact any geologically sensitive areas (floodplain). Furthermore, the expansions will not 9 negatively impact the residential uses located to the west of the property (Mountain Haus) as the distance between the buildings continues to adequately provide for light, air and open spaces. Lastly, the residential uses of the Vail Athletic Club & Spa do not differ from the residential uses of the Mountain Haus, and therefore, the use remains compatible with the uses on adjacent properties. To further insure that the uses remain compatible, the applicant has located the outdoor pool and restaurant on the east end of the development site where they will be operated away from the Mountain Haus and the grade change of the site separates them from the Cornice Building. Staff believes that the proposed setbacks result in a creative design solutions and are beneficial to the public. HEIGHT According to the Zoning Regulations, the building height for a building with a flat roof or.mansard roof shall not exceed forty-five feet (45'). For a sloping roof, the height of buildings shall not exceed forty-eight feet (48'). The existing height of the building currently exceeds 48'. The overall height of the building will not be increased as a result of the redevelopment proposal. DENSITY CONTROL Pursuant to the Zoning Regulations, up to one hundred and fifty (150) square feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. The final determination of allowable gross residential floor area shall be made by the Planning & Environmental Commission in accordance with Section 12-7A-12: Exterior Alterations or Modifications. Specifically, in determining allowable gross residential floor area the Planning & Environmental Commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and the Urban Design Considerations. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, accommodation units and fractional fee club units shall not be counted towards. density. Staff has reviewed the redevelopment proposal for compliance with the density control regulations. The overall density of the property will be 5.9 dwelling units per acre (4 du's X 1.46 acres). The maximum allowable density is 25 dwelling units per acre. There is approximately 21,000 square feet of GRFA (70%) in the existing building. This includes square footage devoted to AU's, DU's and EHU's. If approved the GRFA square footage would increase to 39,935 square feet (131%). The proposed square footage includes the 30 accommodation units, 7 fractional fee club units, 4 dwelling units and 5 employee housing units. Most importantly, of the additional square footage (18,345 sq. ft.) being added, 70.1% (12,851 sq. ft.) is devoted to accommodation units and fractional fee club units and the remaining 29.9% (5,494 sq. ft.) is devoted to the 4 dwelling units. The numbers are exclusive of the EHU square footage in the building. According to the staff analysis the proposal fully complies with the density control regulations. SITE COVERAGE Site coverage shall not exceed sixty-five (65%) of the total site area. Final determination of allowable site coverage shall be made by the Planning & Environmental Commission and/or the Design Review Board in accordance with Section 12-7A-12: Exterior Alterations or Modifications. Specifically, in determining allowable site coverage the Planning & Environmental Commission and/or the Design Review Board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. 10 The staff has reviewed the proposal for compliance with the site coverage limitation of 65%(max.). The applicant is proposing to increase the amount of site coverage by 2,082 square feet. The existing site coverage is approximately 54% or 16,063 square feet and the proposed site coverage will be 61 % or 18,145 sq. ft. Staff believes that the proposal complies with the Vail Village Urban Design Guide Plan and Urban Design Considerations since all of the required parking is enclosed in an existing parking structure and the proposal fully complies with the landscape area requirement. LANDSCAPING AND SITE DEVELOPMENT In accordance with the Zoning Regulations, at least thirty percent (30%) or 8,924 square feet of the total site area shall be landscaped. The applicant is proposing that approximately 32% or 9,519 square feet of the site will be landscaped area. Staff believes the applicant has complied with the landscape requirement. PARKING AND LOADING Off-street parking and loading shall be provided in accordance with Chapter 10 of the Zoning Regulations. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short-term guest loading and drop-off shall be permitted in the required front setback subject to the approval of the Planning & Environmental Commission and/or the Design Review Board. Staff has reviewed the proposed off-street parking and loading for the Vail Athletic Club & Spa to insure compliance with the prescribed regulations. According to the staff analysis, the applicant's proposal fully complies with the regulations. Over the years parking variances have been granted for the Vail Athletic Club & Spa. The variances were approved by the Town of Vail Planning & Environmental Commission in accordance with the provisions of the Town Code. Due to the granting of the parking variances a legal, non-conforming situation has resulted. For purposes of this analysis, the parking requirement has been evaluated based upon the existing and approved parking situation. There are 22 valet parking spaces on the site today. As a result of the proposed changes to the building there would be a net decrease in the parking requirement of 6 parking spaces. The elimination of 2,548 square feet of meeting room space (-21 spaces) and the conversion of 7 hotel dwelling units (-14 spaces) to accommodation units significantly contributes to the net reduction. The result is an overall reduction in the parking requirement for the site. However, since much of the parking requirement has been addressed as a result of the granting of parking variances in the past, the will be no loss of parking on the site. The applicant has proposed to provide space for a short-term guest loading and drop-off at the new front entry. The loading and delivery area will continue to be located at the west of the building. No loading and delivery will be permitted from Vail Valley Drive. Overall, staff believes that the applicant's proposal fully complies with the parking and loading requirements. MITIGATION OF DEVELOPMENT IMPACTS According to the Town Code, property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the Planning and Environmental Commission in review of development projects and conditional use 11 permits. Substantial off-site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large-scale redevelopment/development projects that produce substantial off-site impacts. Staff has determined that the redevelopment proposal is a large-scale redevelopment project, and therefore, the mitigation of development impacts shall apply. The applicant has proposed various streetscape and employee housing improvements. The streetscape improvements that shall be required are identified in the Town of Vail Streetscape Master Plan. The applicant is proposing to construct the required improvements. The improvements to be constructed by the applicant include the heating of the sidewalk on the north side of East Meadow Drive from the east parking structure portal to the portal located immediately to the west of the west property line and the sidewalk from the front entrance to the hotel to the north end of the bridge on Vail Valley Drive. Also included will be the installation of Town of Vail street lights, as identified on the site plan. The applicant shall be required to submit a complete set of civil engineered drawings for the review and approval of the Town of Vail Design Review Board and Public Works Department, prior to the issuance of a building permit. Other improvements include the application and continuation of the stone veneer into the east portal of the parking structure. The stone veneer shall be reviewed and approved by the Design Review Board. The applicant is proposing to provide five deed-restricted employee housing units in the hotel. A total of 1,479 square feet of GRFA will be used to construct the units. This is an increase of one unit and 209 square feet of deed-restricted space over what is existing today. In determining compliance with this criteria staff completed an Employee Housing Generation Analysis to determine the incremental number of new employees that may be generated as a result of the hotel redevelopment. The results of our analysis are listed below: Emplovee Generation Analvsis a) Health Club = 18,552 sq. ft. @(1.25/1000 sq. ft.) =23.2 employees b) Restaurant/Bar = 2,372 sq. ft. @(6.5/1000 sq. ft.) =15.4 employees c) Lodging = 37 units @(1.00/unit) = 37 employees d) Multi-Family (DU) = 4 units @(.4/unit) =1.6 employees Total Employees = 77.2 employees 68 existing employees) = 68 employees (X 0.30 multiplier) = 3 "new" employees Compliance with the Vail Villaqe Urban Desiqn Guide Plan The following summarizes the redevelopment proposal's compliance with the applicable elements of the Urban Design Considerations of the Vail Village Urban Design Guide Plan: Pedestrianization The Club is located on streets with separated pedestrian walks.. As part of the review of previous SDD proposals, a number of improvements were contemplated for the walkways around the project. Foremost among these were heating portions of the sidewalk and 12 eliminating the sidewalk west of the entry to the Club. The idea behind this change was to direct pedestrians to the sidewalk on the north side of the street. These changes are included as elements of this development proposal and are depicted on the preliminary landscape plan. Streetscape Framework The replacement of the sidewalk west of the entry to the Club will result in increased landscape and planter area. The restaurant expansion on the south side of the building will create an area of interest and activity along the street and the Gore Creek trail corridor. Street Edge Proposed expansions and cantilevers to the building will break up the mass of the existing building and add variety, visual interest and greater articulation to the building. These expansions along the street will maintain the vast majority of the mature trees that currently surround the building. The proposed expansions will conform with the new offset requirements recently adopted for the PA zone district (no less than 50% if the building offset at least 5 feet). VI. CRITERIA AND FINDINGS FOR A CONDITIONAL USE PERMIT Upon review of Chapter 16 of the Zoning Regulations, the Community Development Department recommends approval of the request for a conditional use permit to allow for the operation of a fractional fee club within the Vail Athletic Club & Spa based upon the following factors: A. Consideration of Factors: Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the Town. In January of 1997, the Vail Town Council adopted Ordinance No. 22, Series of 1996. In part, this ordinance amended the Public Accommodation Zone District allowing fractional fee clubs as a conditional use and set forth criteria for the Commission to consider when evaluating such a request. Since that time the Austria Haus Club redevelopment project has been completed and the Gore Creek Club has been approved by the Town. The Austria Haus contains 28 fractional fee club units and the Gore Creek Club has been approved to construct 66 units. The applicant is requesting the issuance of a conditional use permit to allow for the operation of a fractional fee club within the Vail Athletic Club & Spa. The proposed club would be comprised of 7 two and three bedroom club units. These units would range in size from 1,154 square to 1,873 square feet. The average club unit size is approximately 1,504 square feet in size. According to the applicant, the ownership of the club units will meet the minimum requirements of fractional fee club units in terms of intervals Through the adoption of Ordinance No. 22, Series of 1996, the Town further recognized the need for lodging alternatives for our guests and visitors. In passing the ordinance the Town Council found that quality fractional fee clubs are an appropriate means of increasing occupancy rates, maintaining and enhancing short-term rental availability and 13 diversifying the resort lodging market product within the Town of Vail. Equally as important, the Council believed that fractional fee clubs were simply another of many forms of public accommodations. It has been a long held belief that in order for the Town to remain competitive and on the leading edge of resort development, that alternative lodging opportunities must be created and creative financing vehicles for hotel redevelopment must be implemented. Staff believes that the conditional use permit for a fractional fee club within the Vail Athletic Club & Spa will be beneficial to the Town and will have a positive impact on the development objectives of the Community. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Staff believes that this review criteria has been satisfied as previously discussed in Section V of this memorandum. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Staff believes that this review criteria has been satisfied as previously discussed in V of this memorandum. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Staff believes that this review criteria has been satisfied as previously discussed in Section V of this memorandum. 5. Prior to the approval of a conditional use permit for a time-share estate, fractional fee, fractional fee club, or time-share license proposal, the following shall be considered: a. If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional fee club shall maintain an equivalency of accommodation units as presently existing. Equivalency shall be maintained either by an equal number of units or by square footage. If the proposal is a new development, it shall provide at least as much accommodation unit GRFA as fractional fee club unit GRFA. The Vail Athletic Club & Spa proposal is a redevelopment of an existing hotel. The proposed hotel shall be required to maintain an equivalency of the presently existing number of accommodation units. The applicant is proposing to meet the equivalency requirement by replacing a greater of accommodation units. According to information on file in the Community Development Department 20 accommodation units exist today. The applicant is proposing to replace and/or remodel the existing units with 30 new hotel rooms totaling approximately 12,851 square feet. 14 b. Lock-off units and lock-off unit square footage shall not be included in the calculation when determining the equivalency of existing accommodation units or equivalency of existing square footage. No lock-off units are proposed. C. The ability of the proposed project to create and maintain a high level of occupancy. The fractional fee club component of the Vail Athletic Club & Spa proposal is intended to provide additional hotel and "hotel-type" accommodation units in the Town of Vail. The applicant is proposing to incorporate 7 member-owned club units (fractional fee club units), with 30 new accommodation (hotel) rooms. Although not in the present design, staff believes that lock-off units provide an additional community benefit of added "pillows". If a fractional fee club unit owner purchases an interest in a multiple bedroom unit, and does not desire to utilize all the bedrooms, they can then have the opportunity of returning the unused bedrooms (lock-offs) to a rental program. Staff feels that by providing lock-off units, and managing the availability of the lock-off units in a rental program when not in use, a fractional fee club project can significantly increase the availability of accommodation units in the Town of Vail. Staff would recommend that the applicant provide "lock- off' opportunities into the design of the fractional fee club units. Through our research on the fractional fee issue back in 1996, staff then identified some potential positive impacts of fractional fee units in the Town of Vail: A) Activity during the "shoulder seasons" tends to increase due to an increase in year-round occupancy; B) The attraction of revenue-generating tourists; C) The efficient utilization of resources. This is the "warm beds" concept; D) More pride of ownership and community buy-in with fractional fee club units than with accommodation units; E) Increased levels of occupancy; and F) Increased resort exposure due to the extensive number of interval owners. Staff believes these potential positive impacts are still true today. d. Employee housing may be required as part of any new or redevelopment fractional fee club project requesting density over that allowed by zoning. The number of employee housing units will be consistent with employee impacts that are expected as a result of the project. The staff included the fractional fee club units into the calculation of the employee generation resulting from the proposed major exterior alteration 15 and conditional use permit requests. Based strictly on the number of club units, the development will generate a need for 7 "new" employees. When the multiplier of 0.30 is factored in, 2.1 of the "new" employees which the developer must provide deed-restricted housing for, are generated by the fractional fee club. e. The applicant shall submit to the Town a list of all owners of existing units within the project or building; in written statements from 100% of the owners of existing units indicating their approval, without condition, of the proposed fractional fee club. No written approval shall be valid if it is signed by the owner more than 60 days prior to the date of filing the application for a conditional use. _ The applicant, Ron Bryne, d.b.a. VML, L.L.C., and represented by Tom Braun, has written legal authority to act on the behalf of the owners of the property. No other written approval is required. 16 COUNCIL FOLLOW-UP TOPIC QUESTIONS FOLLOWUP 2000 02/17/00 Covered Bridge Building 50% off GREG MORRISON: Is there a way we can legislate This has been referred to code enforcement for action. Sale Sign businesses from advertising GOING OUT OF BUSINESS or 50% SALES signs 365 day/year? As a note: Beaver Creek already has legislation in place that disallows sale signs in the winter. 03/17/00 JOINT WORK SESSION W/PEC PAWBETH: After final appointments are made to the PEC, Council schedule a joint work session w/PEC. _ 03/17/00 REVISIT RETT PAM/BETH/TOM: Schedule work session to discuss future Council housekeeping and "other" proposed amendments to the RETT ordinance. 03/17/00 EXECUTIVE SESSION WNRI PAM: This item has been scheduled w/Porter Wharton for Chuck Ogilby high noon (we're serving lunch) on Tuesday, March 28th. 03/17/00 VA DEALS ON LIFT TICKETS PAM: VRI appears to be packaging lift ticket sales to the FOLLOW UP: Pam left a voicemail for Chris Jarnot Thursday afternoon Diana Donovan disadvantage of Vail (higher prices) and advantage to their (3/16) other ski resorts (Keystone, Breckenridge, Beaver Creek). 03/17/00 TEMPORARY SHEET OF ICE GREG H.: Be prepared to offer alternative ideas/sites in Council conjunction wlthe presentation of Glenn Davis (Vail Junior Hockey Club - VJHC) at the evening meeting on 3/21/00, keeping in mind the VRD has already said "no" to the same proposal from VJHC. 03/09/00 LOST SALES TAX FROM STEVE/BOB: Further explore charging sales tax at point of "SHIPPED OUT" SALES sale, w/option to apply for reimbursement. Chuck Ogilby 03/09/00 LOST SALES TAX REVENUE STEVE/RUSS: Is there any way to assess lost sales tax FROM FRACTIONAL FEE UNITS dollars from Diana Donovan fractional fee units, as opposed to what is generated from AU's? 03/17/00 JOINT WORK SESSION I PAM: The 4/11/00 joint work session w/Council does not WIWATER AND SANITATION DISTRICTS work for a majority on both of these boards. They are now March 17, 2000, Page 1 Council asking Council to join them at their next regular joint meeting scheduled for Thursday, April 27, at the Forest Road headquarters. Please let Pam know if you can make this meeting. It will be noon lunch meeting and can be properly posted. 03/09100 DINNER W/THE AVON TOWN BOB: The Avon Town Council will be coming to Vail to treat Ciao (Potato Patch) COUNCIL the Vail Town Council to dinner on Thursday, March 30, 5:30 Cocktails Bob McLaurin 2000. Time/place to be determined. 6:00 Dinner 03/09100 WEEKLY SKIER NUMBERS OB: Supply weekly skier numbers to Council. r Chuck Ogilby 03/09100 STREET ACTS PAM: Discuss w/Joel Heath and the Special Events Chuck Ogilby Commission recruiting street performers from such areas as San Francisco for recurring performances throughout the summer/fall. 03/17100 ENFORCEMENT OF NINA: There is continuing concern that our enforcement FOLLOW UP: Nina personally knows and checked out the individual that OCCUPANCY FOR EMPLOYEE HOUSING efforts are not stringent enough in re: to the above, e.g., the lives in the May's employee housing unit. He is a full-time, year'round, on- UNITS May home on the golf course, site property manager. Only 1 deed-restricted unit is shown on the plans for Diana Donovan two houses down from Diana's on the other side of Kelton's, the home/cabana located at 1119 Ptarmigan Road. Additionally, she has etc. sent out affidavits to all of the people with deed restricted units. Nine have not responded (out of 175), w/one of those being the Spraddle Creek homeowner w/whom we're working to purchase a different unit to be deed restricted. Com. Dev. has regularly sent out additional requests for responses to follow up w/non-responders; unfortunately, not all homeowners are required to respond as a part of their deed restriction. In all cases, staff is working to the maximum of what the deed restriction language allows. At Vail Commons, staff worked w/ one individual who may not have been in compliance to.bring him "into" compliance, bringing 100% of the Vail Commons homeowners into compliance. 02/17/00 Process to De-Gallagher Lorelei: Please contact the Secretary of State to find out Bob will call Jack Taylor and Dave Wattterberg to see whether either would Greg Moffet how many signatures by petition are required to put a craft this legislation. measure on an upcoming election. We will also contact Jack Taylor and Dave Wattenberg to see whether they (or Article 10, Section 20, Colorado Constitution, allows for a broad form of he) would carry this issue through the State Legislature? voter approval to keep and spend revenue in excess of Tabor limitations. This is what we're doing when we "de-Bruce." It is allowed for in the March 17, 2000, Page 2 legislation for the Bruce Amendment. In opposition to this allowance, there a is no such provision in the Gallagher amendment, thus disallowing a similar process to what happened when we "de-Bruced." The Gallagher was passed in 1982 to insure that residential properties would never have to shoulder more than approximately 45% of the total property tax burden statewide. The calculation is done statewide for property tax assessment rates. Both measures are statewide amendments; however, only the Bruce amendment provides for local entities to modify the legislation to meet local needs and desires. March 17, 2000, Page 3 MAR 21 '00 10:29 AM VAIL ASSO GONDOLA P.1i2 I FAX MEMORANDUM - 2 PAGES To: r` Ludwig Kurz David Corbin r r'Y Sybill Navas Ron Riley Bob McLaurin Paul Johnston Tom Moorhead Frank Johnson Tom Silverthorn Ken Friedman Bill Jensen Porter Wharton III 3 'From: Robin Utt(l, v Date: March 21, 2000 RE: Itinerary for Park City / Sun Valley Trip Enclosed please find the itinerary for Park City and Sun Valley April 12 - 14th You have all been booked on the flights and reserved at the hotels. The only tentative part of the agenda is our meeting schedule in Sun Valley. That should firm up here in the next week. If you have any questions, please call me directly at 479-3019_ I'll start looking at ground transportation and DIA lodging upon my return from Whistler. Thanks. VAIL DELEGATION TRIP TO PARK CITY AND SUN VALLEY 3 D [APRIL 12TH 70 - [DEPART DENVER 8:35 A.M. N ARRIVE SALT LAKE CITY 10:09 A. M. m OPERATED BY SKYWESTAIRLINES m 11:45 -1:15 Lunch Meeting with m 1:30 - 3:00p.m. Meet with c;i 3:30 - 5:00 p.m, Meet with Vern Grecco, Park City Mountain Resort's Employee Building, 3 1310 Lowell Ave. 6:30 p.m. Dinner with Myles Rademan and others Location TBA 1 D [LODGING: The Yarrow; phone 435-649-7000; fax 435-645-7007 r N [APRIL 13TH ° DEPART SALT LAKE 10:40 a.m. meetings to be scheduled: o ARRIVE SUN VALLEY 11:50 a.m. Ketchum officials o 12:30 - 2:30 p.m.Possible Lunch meeting with Sun Valley officials rD Chamber representatives 3:00 - 5:00 p.m. Possible meeting with 6:30 p.m. Possible dinner with IL.ODGING: Kentwood Lodge, Ketchum; phone 208-7284114; fax 208-726-2417 ~ (APRIL 14TH 8:34 - 10:30 a.m. Meeting with Wally Huffman, General Manager, and Jack Sibock, Dir. Marketing & Public Relations - Sun Valley Resort at River Run Day Lodge DEPART SUN VALLEY 12:15 PM ARRIVE SALT LAKE CITY 1:15 PM DEPART SALT LAKE 2:05 PM JARRIVE DENVER 3:22 PM (OPERATED 3YSKYWESTAfR.INES -e N N