HomeMy WebLinkAbout2004-01-20 Support Documentation Town Council Work SessionTO~i/N COUNCIL
lit,O121C SESSION AGEN®~!
112:00 P.f~. TV~ES®AY, JANUARY 20, 2004
1. ITERfl/TOPIC: Joint lunch meeting between the Planning and
Environmental Commission (PEC) (60 min.) Requested by the
PEC to discuss the following agenda items:
o Communication between the boards on major project and
feedback from the Council on recent applications.
o Need to consolidate existing Master Plans and provide
appropriate updates to Plans
o GRFA
2. SITE ~fISIT - COFt®ILLEIRA FIRE STATION (1 IIO~BP 30 rrtln.)
3. Bill Gibson ITE~/TOPIC: Proposed text amendments to Title 12, Zoning
Regulations, Vail Town Code, to amend the Gross Residential
Floor Area (GRFA) regulations in the Hillside Residential (HR),
Single-Family Residential (SFR), Two-Family Residential (R),
Two-Family Primary/Secondary Residential (PS), Residential
Cluster (RC), Low Density Multiple-Family (LDMF), Medium
Density Multiple-Family (MDMF), High Density Multiple-Family
(HDMF), and Housing (H) zone districts, and setting forth details
in regard thereto (45 min.)
ACTION RELIUESTEID OF COUNCIL:
Listen to a staff presentation summarizing the evolution of the
Planning and Environmental Commission's recommendation
related to the proposed Gross Residential Floor Area (GRFA) text
amendments. Provide staff with general policy direction and goals
for the drafting an ordinance related to the proposed text
amendments.
BACKGROUN® RATIONALE:
On January 6, 2004, the Town Council tabled this item to its
January 20, 2004 work session.
4. George Ruther ITE~I/TOPIC: DRB/PEC Report (10 min.)
5. Sybil) Navas ITEi~d/TOPIC: Year End Review of Commission on Special
Events (CSE) Activities (20 min.)
ACTION RE(~UESTE® 13Y COUNCIL:
Listen to presentation and offer feedback.
6. Russ Forrest ITEI~/TOPIC: Evaluation of alternatives for amending the Public
Accommodation Zone District (30 min.)
ACTION REQUESTED OF COUNCIL:
Review policy options for amending the PA Zone District and
provide input to staff on whether a new policy direction should be
pursued.
The Four Seasons developer, Nicollet Island Development
Company Inc., has received approval for Ordinances 9 and 10,
Series of 2003 which includes the development of a new hotel
with accommodation units, fractional fee units, and dwelling units.
The Four Seasons development site is zoned Public
Accommodation (PA). The developer is now requesting flexibility
with regard to the approved twenty (20) approved fractional fee
units. Specifically the developer would like to develop the 20
fractional fee units. However, if Four Seasons is unable to market
the fractional fee units, the developer would like the flexibility to
sell the units as condominium units.
The purpose of this topic is to discuss options to address this
request and receive input from the Town Council on whether an
amendment to the Public Accommodation Zone District and or
applicable definitions should be pursued at this time. Staff feels it
is critical to focus on the policy implications to the entire
community of any proposed change and other properties in the
Public Accommodation District. Therefore staff recommends any
proposed change not provide any special privilege to an individual
developer or property.
7. ITEMITOPIC: Information Update (10 min.)
8. ITEMITOPIC: Matters from Mayor and Council (5 min.)
9. Adjournment (4:30 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 BEGIN AT 2 P.M. TUESDAY, FEBRUARY 3, 2004 IN THE VAIL TOWN COUNCIL
CHAMBERS.
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, FEBRUARY 3, 2004, IN VAIL TOWN COUNCIL
CHAMBERS
Sign language interpretation available upon request with 24-hour notification. Please
call 479-2332 voice or 479-2356 TDD for information.
fyiEfyiORANDUiVi
TO: Town Council
FROM: Community Development Department .
DATE: January 6, 2004
SUBJECT: Proposed text amendments to Title 12, Zoning Regulations, Vail Town
Code, to amend the Gross Residential Floor Area (GRFA) regulations in
the Hillside Residential (HR), Single-Family Residential (SFR), Two-
Family Residential (R), Two-Family Primary/Secondary Residential (PS),
Residential Cluster (RC), Low Density Multiple-Family (LDMF), Medium
Density Multiple-Family (MDMF), High Density Multiple-Family (HDMF),
and Housing (H) districts, and setting forth details in regard thereto.
Applicant: Vicki Pearson, et. al.
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
Proposed text amendments to Title 12, Zoning Regulations, Vail Town Code, to
amend the Gross Residential Floor Area (GRFA) regulations in the Hillside
Residential (HR), Single-Family Residential (SFR), Two-Family Residential (R),
Two-Family Primary/Secondary Residential (PS), Residential Cluster (RC), Low
Density Multiple-Family (LDMF), Medium Density Multiple-Family (MDMF), High
Density Multiple-Family (HDMF), and Housing (H) zone districts, and setting forth
details in regard thereto.
The purpose of this item is to allow Staff to present an overview of the Planning
and Environmental Commission's policy recommendations concerning the
proposed GRFA regulation amendments. The goal of this presentation is for
each Council Member to understand the policy recommendations of the Planning
and Environmental Commission, along with the background and rational for the
recommendation. Comprehension of these policy recommendations will assist
the Town Council in understanding the Planning and Environmental
Commission's specific text amendment recommendations.
II. BAC6CGROUND
With the encouragement of the Planning and Environmental Commission, in the
fall of 2002 a group of local citizens submitted a text amendment application to
the Town of Vail proposing to amend the Town's GRFA regulations. The initial
application proposed a wholesale repeal of the GRFA regulations.
The Planning and Environmental Commission reviewed this request at its
October 14, 2002, January 27, March 24, June 9, June 23, July 14, August 11,
and September 8, 2003, public hearings.
Town Staff also discussed the proposed text amendments with the Design
Review Board at its June 4, 2003, meeting.
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Additionally, Staff facilitated a GRFA Focus Group discussion with an informal
group of local architects, attorneys, builders, developers, homeowners, planners,
anti realtors to discuss the proposed text amendments on May 22 and June 5,
2003.
Staff presented updates of the Planning and Environmental Commission's
deliberations to the Town Council at its April 15 and July 15, 2003, work
se~:sions.
On September 8, 2003, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Town Council for
proposed text amendments to the gross residential floor area (GRFA) regulations
for Vail's residential zone districts. The Planning and Environmental Commission
ultimately recommended revising the GRFA regulations rather than repealing the
regulations in whole.
On October 7, 2003, the Town Council established a review scheduled for the
proposed text amendments. At the Town Council's December 2, 2003, work
se:>sion, Town Staff presented a detailed overview of the Town's current GRFA
policies.
III. DESIGN REVIEW BOARD, FOCUS GROUP, AND PLANNING AND
ENVIRONMENTAL COMMISSION DISCUSSIONS
The following is a summary of the Design Review Board, GRFA Focus Group,
and Planning and Environmental Commission discussions related to proposed
text amendments to the GRFA regulations:
Design Review Board Discussions
Thee following is a brief summary of the June 4, 2003, Design Review Board
comments concerning the proposed GRFA text amendments:
• Apprehensive about eliminating GRFA limits in the residential zone
district.
• Eliminating GRFA limits will place a greater burden on the Design
Review Board to control bulk, which may be difficult only using design
guidelines.
• Updating the existing design guidelines with photographic examples
may be helpful regardless of any changes to the GRFA regulations,
as long as the existing flexibility of the guidelines is maintained.
• The Design Review Board's decisions can be subjective, and should
not be made more subjective by eliminating GRFA limits.
• Significant increase in development potential on larger lots is a
concern.
• Simplified form of GRFA or an FAR (floor area ratio) should be
maintained.
• Simplified form of GRFA or FAR should be measured from the
exterior of a building and basement areas (as defined by the building
code) may be excluded.
2
GRFA Focus Group Discussions
The following is a brief summary of the May 22 and June 5, 2003, GRFA Focus
Group comments concerning the proposed GRFA text amendments:
Accepted GRFA reform "principles":
o GRFA reforms should be simpler to understand, implement,
and enforce.
o GRFA reforms should be equitable.
o GRFA reforms should address related Town zoning
regulations.
o GRFA reforms should not negatively impact property sales or
values.
o Government should not regulate the interior use of homes.
o GRFA reforms should improve compliance with building and
fire codes.
o GRFA reforms should not dramatically increase development
potential.
Accepted GRFA reform alternatives:
o No changes to the existing GRFA regulations.
o Eliminate GRFA (including adjusting other regulations such as
site coverage and design guidelines).
o Convert to a volumetric measurement system.
o Simplify the existing GRFA regulations (including options such
as not counting below-grade spaces as GRFA, measuring
GRFA from the outside face of exterior walls, and simplifying
the calculations by eliminating credits, etc.).
Evaluation of GRFA reform alternatives:
o No change to the existing GRFA regulations was unanimously
eliminated as a viable alternative.
o Converting to a volumetric system was unanimously
eliminated as a viable alternative due to its complexity.
o Eliminating GRFA was considered a viable alternative:
Pro's:
o Simplifies the architectural design process.
Simplifies the review process.
Eliminates illegal construction and encourages safer
construction.
o May encourage improved safety.
o Treats neighbors equally.
o Allows homeowners to utilize existing house volumes.
Doesn't adversely affect property values.
o Eliminates government regulation of interior uses.
Con's:
o More pressure on the Design Review Board to control
the size of homes.
o Encourages flat roofs to maximize volume.
o Encourages "office building" like box-shaped homes.
o Increases site disturbance.
o Impacts numerous other Town regulations.
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• Significant increase in development potential unless
other regulations are changed.
• Requires adjustments to site coverage and/or building
height calculations and design guidelines.
o Simplifying GRFA (including not counting below-grade spaces
as GRFA, measuring GRFA from the outside of exterior walls,
and simplifying the calculations) was considered the best
alternative:
Pro's
• Maintains the existing system.
• Simplifies the review process.
• Doesn't effect other Town regulations.
• Doesn't adversely affect property values.
• Doesn't significantly increase development potential.
• Encourages better design than eliminating GRFA
(doesn't encourage flat roofs or box-shaped buildings).
• Treats neighbors equally.
• Less incentive for illegal construction.
• Much less regulation of interior uses.
• More politically acceptable alternative.
Con's
• Continues to regulate interior uses.
• Some loop holes can still be exploited.
• Some details of how to simplify GRFA are unresolved.
Additional comments included:
o Good design principles should drive the architecture of a home
not a zoning regulation.
o Interior conversions for all homes, regardless of the date they
were constructed, should be considered.
o Currently a developer hits only one road block in term of
development standards (i.e. GRFA or site coverage, etc.); but
without a GRFA limit a developer will hit several road blocks at
the same time including setbacks, site coverage, height, etc.;
thus creating a larger and less attractive building.
o The existing garage credits should not be changed.
o Building height regulations should be revised at a later date.
o GRFA has not effectively controlled bulk and mass, and there
are many ways to increase house sizes without increasing
GRFA calculations.
o GRFA does effectively control bulk and mass.
o bulk and mass controls are necessary, but not using a square
footage limit.
o existing GRFA regulations are confusing.
o market value will determine house sizes.
o GRFA increase house values by limiting "supply" in a market
of unlimited demand.
o site coverage, building height, and setbacks control bulk and
mass, not GRFA.
o the design guidelines should be more specific, but still allow
flexibility.
4
o Vail's design review process is better than the other local
areas.
o Eagle County floor area definitions should be considered.
o developers will always maximize their development potential.
o basements and crawlspaces should not count in GRFA or
FAR.
o a single, maximum GRFA number should be considered, i.e.
Lionshead.
o the GRFA credits should be eliminated.
o GRFA should be calculated from the outside of a building's
walls.
o GRFA regulations are essential to preserving the sizes of
homes constructed today.
o The Town's building height regulations need to be modified to
address steep sloped lots.
o If GRFA is eliminated there is no need for both aTwo-Family
and aTwo-Family Primary/Secondary zone district.
o Volumetric measuring technology needs to be explored
further.
Plannin and Environmental Commission Discussions
The following is a brief summary of some key discussions of the Planning
and Environmental Commission during the course of its eight public
hearings on this topic:
Positives and Rlegatives ofi the existing GRFA regulations:
Positives:
o Current GRFA regulations are an effective tool in
regulating the density and intensity of residential uses.
o Current GRFA regulations are an effective tool in
regulating the physical bulk and mass of residential
buildings.
o Current GRFA regulations area known and accepted
quantifier for development potential in Vail.
o Current GRFA regulations encourage creative architectural
design.
Negatives:
o Current GRFA regulations are complex and cumbersome.
o Current GRFA regulations have loop holes that allow
unnecessary bulk and mass resulting in buildings that
appear larger than the floor area numbers reflect.
o Current GRFA regulations create inequalities between
neighbors in the same zone district.
o Current GRFA regulations have inadvertently encouraged
illegal construction.
o Current GRFA regulations have inadvertently encouraged
the illegal elimination of employee housing units.
o Current GRFA regulations create additional time and
financial costs for homeowners and builders, and are time
consuming for the Town to administer.
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o Current GRFA regulations do not encourage the
construction of below grade spaces.
GRFA reform principles accepted by the Planning and
Environmental Commission:
o GRFA reforms should be simpler to understand,
implement, and enforce.
o GRFA reforms should be equitable.
o GRFA reforms should address related Town zoning
regulations.
o ~ GRFA reforms should not negatively impact property sales
or values.
o Government should not regulate the interior use of homes.
o GRFA reforms should improve compliance with building
and fire codes.
o GRFA reforms should not dramatically increase
development potential.
GRFA reform alternatives considered by the Planning and
Environmental Commission:
No changes to the current GRFA regulations
Given the negatives of the existing GRFA regulations, the
Planning and Environmental Commission determined that the
current GRFA regulations are in need of reform.
Eliminate GRFA in whole
The Planning and Environmental Commission determined that
repealing all current GRFA regulations is not a viable alternative to
address the negatives of the Town's current zoning regulations.
The Planning and Environmental Commission determined that
maintaining some form of floor area regulation serves a positive
public purpose.
Replace GRFA with a volumetric_measurement system
The Planning and Environmental Commission determined that
theoretically a volumetric measurement system more effectively
regulates bulk and mass than a floor area measurement system;
however, in practice a volumetric measurement system will be too
complex and impractical to administer.
Replace GRFA with a floor area ratio FAR s stem
The Planning and Environmental Commission determined that
modifying the current GRFA regulations to be a simpler floor area
ratio (FAR) type system is the most appropriate means of
addressing the negatives of the current regulations.
Renaming GRFA to FAR:
The Planning and Environmental Commission determined that
renaming the amended GRFA regulations to FAR, or some other
name, will convey a message to the public that these regulations
have changed and are different than today's GRFA.
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Staff is apprehensive about eliminating the term GRFA. The term
GRFA is cross-referenced in numerous chapters of the Town's
zoning regulations, Town's development standards handbook,
numerous Special Development District provisions, and various
subdivision plats. While it is possible to re-codify these other
Town regulations, it may be a complex and time consuming
process.
o Defining GRFA:
Deductions
The Planning and Environmental Commission determined that all
horizontal areas of a structure shall be counted as GRFA, and
then certain areas shall be deducted from the GRFA calculation.
Basements
The Planning and Environmental Commission determined that
below grade portions of basements should be deducted from
GRFA calculations.
Vaulted spaces
The Planning and Environmental Commission determined that
vaulted or open to below spaces should be counted as GRFA to
more accurately measure bulk and mass.
Crawlspaces
The Planning and Environmental Commission determined that
Crawlspaces should also be deducted from the GRFA calculations.
Other Deductions
The Planning and Environmental Commission determined that
other areas previously deducted from GRFA calculations such as
garages, attics, etc., with the exception of vaulted spaces, should
continue to be deducted in a similar manner.
Inside or outside of exterior walls
The Planning and Environmental Commission determined that the
current method of measuring GRFA at the inside face of the
exterior walls should be revised to measure GRFA from the
outside face or the exterior walls to more accurately calculate
building bulk and mass.
Amount of allowable GRFA:
250 Ordinance and Interior Conversions
The Planning and Environmental Commission determined that the
"250 Ordinance" and the "Interior Conversion" GRFA bonuses
should be repealed in their entirety due to the inequalities of
property rights that are created by these regulations. In an effort
to afford these bonuses to all properties and to not create non-
conformities, the proposed GRFA calculation formulas should be
increased over the current calculations to compensate for the
elimination of these bonuses.
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Formulas
The Planning and Environmental Commission determined the
allowable GRFA calculations and bonuses should be consolidated
into one formula:
• Current allowable GRFA square footage, plus
• "425" or "225" GRFA bonuses, plus
• 250 sq. ft. per allowable dwelling unit to compensate
for the repeal of the "250 Ordinance", plus
• 15% square footage increase to compensate for the
counting of vaulted spaces as GRFA and to address
past "Interior Conversions" of vaulted space GRFA
bonuses, plus
• 10% square footage increase to compensate for
exterior walls counting as GRFA
The Planning and Environmental Commission determined that the
proposed GRFA formulas should not be calibrated to compensate
for past "Interior Conversions" of crawlspaces, as the proposed
text amendments allow for the deduction of below grade
basement areas from the GRFA calculations.
GRFA amendments and non-conforming properties:
The Planning and Environmental Commission determined that any
amendment to the GRFA regulations should create as little non-
conformity as possible. However, should any property become
non-conforming as a result of these text amendments, the
provisions of Chapter 12-18, NONCONFORMING SITES, USES,
STRUCTURES AND SITE IMPROVEMENTS, Vail Town Code,
shall apply.
Town regulations directly affected by amendments to the
current GRFA regu lations:
o Title 12, Zon ing Regulations, Vail Town Code
Capter 2: Definitions
Chapter 6: Residential Districts
Chapter 7: Commercial and Business Districts
Chapter 8: Open Space and Recreation Districts
Chapter 9: Special and Miscellaneous Districts
Chapter 10: Off-Street Parking and Loading
Chapter 11: Design Review
Chapter 13: Employee Housing
Chapter 14: Supplemental Regulations
Chapter 15: Gross Residential Floor Area (GRFA)
Chapter 16: Conditional Use Permits
Chapter 18: Nonconforming Sites, Uses, Structures and
Site Improvements
o Title 14, Development Standards Handbook, Vail Town
Code
o Special Development Districts
o Subdivision plats containing notes and restrictions related
to GRFA
Other Town regulations to be considered while amending
GRFA:
Employee Housing
The proposed text amendments increase the GRFA bonus for
Type I and Type II EHUs to compensate for exterior walls being
counted as GRFA.
The Vail Local Housing Authority (VLHA) has indicated that the
proposed amendments to the GRFA regulations will not have a
significant impact on employee housing. The Housing Authority is
currently reviewing the Town's employee housing policies on a
more global scale, beyond the scope of GRFA.
Design Guidelines
The Planning and Environmental Commission determined that the
Town's current Design Guidelines should be evaluated to ensure
any proposed GRFA amendments do not negatively affect design.
The Town of Vail Design Review Board (DRB) expressed its
concerns about the reform alternative of eliminating GRFA in its
entirety. The DRB has indicated that if some form of floor area
measurement regulation is maintained, they do not perceive a
need for additional design guidelines and standards.
Parking
The Planning and Environmental Commission determined that the
current off-street parking requirements should be simplified and
need to be increased for larger residential dwellings.
Amnesty Provisions
The Planning and Environmental Commission determined that
GRFA provisions should allow property owners with previously,
illegally constructed GRFA to apply, without retribution, for design
review and building permit approval in accordance with the
amended GRFA regulations.
Key policy elements of the Planning and Environmental
Commission's GRFA text amendment recommendation:
GRFA amendments should be phased to first apply to the
Town's residential zone districts and the commercial districts
in the future
o GRFA renamed to FAR (Floor Area Ratio)
o GRFA formulas converted to FAR type formulas
o FAR measured from the outside of the exterior building walls
All areas of a structure are calculated as floor area except for
existing specific deductions (i.e. attics, crawlspaces,
garages, etc.)
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• Portions of a basement deducted from GRFA calculations
• Vaulted spaces included as floor area
• Airlocks included as floor area
• "250 Ordinance" GRFA bonus repealed
• "Interior Conversion" GRFA bonus repealed
• Stairs included as floor area on every level in multiple-family
structures
• Definition of "Site Coverage" clarified
• Standard parking requirements simplified and increased
• Amnesty for previous illegal construction brought into
compliance with new regulations
IV. DISCUSSION ITEMS
Does the Town Council agree with the following GRFA reform principles
accepted by the GRFA Focus Group and the Planning and Environmental
Commission? If the Council does not agree with these principles, what
goals and principles does the Council believe pertain to amending the
GRFA policies?
1. GRFA reforms should be simpler to understand, implement, and
enforce.
2. GRFA reforms should be equitable.
3. GRFA reforms should address related Town zoning regulations.
4. GRFA reforms should not negatively impact property sales or values.
5. Government should not regulate the interior use of homes.
6. GRFA reforms should improve compliance with building and fire
codes.
7. GRFA reforms should not dramatically increase development
potential.
V. STAFF RECOMMENDATION
Listen to a staff presentation summarizing the Planning and Environmental
Cornmission's policy recommendations related to the proposed Gross
Residential Floor Area (GRFA) text amendments.
V. NEXT STEPS
January 20: Topic: Staff presentation of specific text amendments
recommended by the Planning and Environmental Commission.
Action: Provide Staff with policy direction alternatives for
consideration.
10
PLANNING AND ENVIRONMENTAL COMMISSION
PUBLIC MEETING RESULTS
Monday, January 12, 2004
PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME '12:00 pm
MEMBERS PRESENT
George Lamb
Doug Cahill
Chas Bernhardt
John Schofeld
Rollie 1Cjesbo (Arrived at 2:50 pm)
MEMBERS ABSENT
Erickson Shirley
Gary Hartman
Site ViSItS
1. Village Center Commercial Condominiums - 122 East Meadow Drive
Driver: George
NOTE: If the PEC hearing extends until 6:00 p.m., the board may break for dinner from 6:00 - 6:30
Public Hearing -Town Council Chambers
2:00 pm
1. A request for final review of a conditional use permit, pursuant to Chapter 16-12-1, Conditional Use
Permits, Vail Town Code, to allow for changes to the previously approved conditions of approval for
the redevelopment of the Vail Mountain School Located at 3220 Katsos Ranch Road/ Lots 1 and 2.
Applicant: Braun Associates, Inc.
Planner: Elisabeth Eckel
APPROVED l~IITH CONDITIONS
Prior to the issuance of a Temporary Certificate of Occupancy or a
Certificate of Occupancy for any phase of the school, the applicant shall
complete and receive a Certificate of Occupancy for the eight employee housing units
constructed on Tract C except for the occupancy of the cabin. However, two of the eight
faculty housing structures shall receive a final Certificate of Occupancy and be deed
restricted and completely used as Type III employee housing units and recorded with the
Eagle County Clerk and Recorder prior to the Temporary Certificate of Occupancy or the
final Certificate of Occupancy for any phase of the school. The other six employee housing
units shall also receive a final Certificate of Occupancy upon completion, but may be
occupied by the school temporarily for offices, storage, and other school uses for a period of
time ending at the time that a Temporary Certificate of Occupancy or a final Certificate of
Occupancy is issued to the school, or by August 15, 2005, whichever occurs first. All eight
units must be deed-restricted as Type III employee housing units no later than the
Temporary Certificate of Occupancy or the final Certificate of Occupancy is granted for the
completion of the school, or by August 15, 2005, whichever occurs sooner.
2. By August 15, 2005 all eight housing units located on Tract C shall be deed-restricted as Type
III employee housing units and recorded by the applicant with the Eagle County Clerk and
Recorder. The employee housing units shall comply with the minimum requirements for Type
III employee housing regulations, as defined in Chapter 12, of the Vail Town Code.
MOTION: Cahill SECOND: Lamb VOTE: 4-0
,;
~Y
TOWN OF PAIL
2. A request for a major subdivision, pursuant to Chapter 13-3, Major Subdivision, Vail Town Code,
to allow for the platting of Lots 1 and 2, Lodge Subdivision, located at 164 Gore Creek Drive/Lots
A, B, & C, Block 5C, Vail Village 1st Filing, and setting forth details in regard thereto.
Applicant: Vail Resorts, represented by Braun Associates, Inc.
Planner: George Ruther
APPRO\/ED
MOTIONI: Doug Cahill SECOND: Chas Bernhardt VOTE: 4-0
3. A request for a final review of a proposed amendment to the Town of Vail Official Zoning Map to
change the zoning of the West Vail Lodge Properties from Commercial Core 3 (CC3) to High Density
Multiple F=amily (HDMF), located at 2278, 2288, 2298 Chamonix Lane and 2211 North Frontage
Road/Inn at West Vail Lot 1 BlockA, Vail Das Schone Filing 1, in accordance with Section 12-3-7, Vail
Town Code, and setting forth details in regard thereto.
Applicant: Vanquish Vail, LLC, represented by Allison Ochs
Planner: Matt Gennett
TABLED TO JANUARY 26, 2004
MOTIONI: George Lamb SECOND: Doug Cahil VOTE: 4-0
4. A request for final review of a variance from Section 12-14-17, Setback From Watercourse, Vail
Town Code, to allow for improvements within the setback from Gore Creek, located at 680
West Lions Head Place/Lot 3, Block 1, Vail Lionshead 3~d Filing, and setting for details in regard
there to.
Applicant: Antlers Condominium Association
Planner:, Bill Gibson
WITHDRAWN
5. A request for a recommendation to the Vail Town Council for the establishment of Special
Developrnent District No. 38, Manor Vail Lodge, to allow for the redevelopment of the Manor Vail
Lodge, aind a request for a conditional use permit to allow for the construction of Type III
Employee Housing Units, pursuant to Section 12-6H-3, Vail Town Code, located at 595 Vail
Valley Drive/Lots A, B, & C, Vail Village 7th Filing, and setting forth details in regard thereto.
Applicant: Manor Vail, represented by Melick and Associates
Planner: Warren Campbell
TABLED TO FEBRUARY 23, 2004
MOTIONI: George Lamb SECOND: Doug Cahill VOTE: 5-0
6. A request for a recommendation to the Vail Town Council for proposed updates to elements of
the Town of Vail Comprehensive Plan, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Elisabeth Eckel/George Ruther
TABLECI TO JANUARY 26, 2004
IVIOTIONI: George Lamb SECOND: Doug Cahil VOTE: 4-0
7. A reque:>t for a recommendation to the Vail Town Council of a major amendment to Special
Developrnent District No. 36, Four Seasons Resort, pursuant to Section 12-9A-10, Vail Town
Code, to allow for amixed-use hotel; a request for a final review of a conditional use permit,
2
' pursuant to Section 12-7A-3, Vail Town Code, to allow for Type III Employee Housing Units and
a fractional fee club; and a request for a recommendation to the Vail Town Council of a
proposed rezoning of Lots 9A & 9C, Vail Village 2nd Filing from Public Accommodation (PA)
zone district to High Density Multiple Family (HDMF) zone district, located at 28 S. Frontage Rd.
and 13 Vail Road/Lots 9A& 9C, Vail Village 2nd Filing, and setting forth details in regard thereto.
Applicant: IVicollet Island Development Company Inc.
Planner: George Ruther
TABLED TO JANUARY 26, 2004
fi~IOTION: George Lamb SECOND: Doug Cahil VOTE: 4-0
8. A request for a recommendation to the Vail Town Council for proposed text amendments to
Section 12-3-6, Hearings, Vail Town Code, to amend the notice requirements for Town of Vail
Design Review Board public hearings, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Russell Forrest
TABLED TO JANUARY 26, 2004
I~iOTION: George Lamb SECOND: Doug Cahil VOTE: 4-0
9. A request for a conditional use permit, pursuant to Section 12-7H-5, Conditional Uses; Generally
(on all levels of a building or outside a building), Vail Town Code, and a request for a major
exterior alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town
Code, to allow for the construction of new single-family and two-family residential dwelling units,
located at 730, 724, and 714 West Lionshead Circle/Tracts A, B, C, & D, Morcus Subdivision
and Lot 7, Marriott Subdivision, and setting forth details in regard thereto. (West Day Lot)
Applicant: Vail Resorts Development Company, represented by Braun Associates, Inc.
Planner: Warren Campbell
TABLED TO JANUARY 26, 2004
Il~OTION: George Lamb SECOND: Doug Cahil VOTE: 4-0
10. An appeal, pursuant to Section 12-3-3B, Appeal of Administrative Actions, of an administrative
interpretation determining that a commercial tenant space within the Village Center
Commercial Condominiums, Building D, is on the "first floor" or "street level" of the building as
defined by Sections 12-7C-3 and 12-7B-3, Permitted and Conditional Uses; First Floor or
Street Level, Vail Town Code, located at 122 East Meadow Drive, Lot K, Block 5E, Vail Village
First Filing.
Applicant: Fred Hibberd
Planner: George Ruther
OVERTURNED
MOTION: John Schofield SECOND: George Lamb VOTE: 5-0
11. Approval of December 8, 2003 minutes
APPROVED WITH CORRECTIONS
I~iOTION: Chas Bernhardt SECOND: George Lamb VOTE: 5-0
12. Information Update
Discussed GRFA at Council
Discussed the PEC agenda for January 26, 2004
Discussed Bogart's Bar and Bistro Appeal
13. Adjournment
MOTION: Chas Bernhardt SECOND: George Lamb VOTE: 5-0
The applications and information about the proposals~are available for public inspection during
regular office hours in the project planner's office located at the Town of Vail Community
Development Department, 75 South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-
2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published, (December 26, 2003 in the Vail Daily.
4
~iiEii~ORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: January 20, 2004
SUJECT: Outline of alternatives for amending the Public Accommodation Zone District
I. SUNif~i,4FiY
On October 7, 2003, the Vail Town Council approved Ordinance Nos. 9 and 10, Series
of 2003, to allow for the construction of the Four Seasons Resorts. The Four Seasons
Resort is intended to be a new hotel compromising 120 accommodation units, 20
fractional fee club units and 18 dwelling units with a mix of accessory hotel-types of
amenities.
Through the Town's Special Development District process, which, in part, allows a
developer to propose deviations from the development standards of the underlying
zoning district, the developer, Nicollet Island Development Company, Inc., was granted
deviations to increase the maximum allowable building height and site coverage
percentage for the development site. All other development standards approved comply
with the standards prescribed by the Public Accommodation zone district.
The purpose of this memorandum is to discuss options to address this request and
receive input from the Town Council on whether an amendment an amendment to the
Public Accommodation Zone District and or applicable definitions should be pursued at
this time. Staff feels it is critical to focus on the policy implications to the entire
community of any proposed change and other properties in the Public Accommodation
District. Therefore staff recommends any proposed change not provide any special
privilege to a individual developer or property.
The developer has submitted an application to the Community Development Department
requesting flexibility with regard to the construction of the approved twenty (20) fractional
fee units. Specifically, the developer proposes to construct the 20 fractional fee club
units, however, if the developer is unable to sell the fractional fee club units, the
developer is requesting the option to sell the units as dwelling units (condominiums). If
approved, this option results in 50% of the total gross residential floor area (GRFA)
being committed to dwelling unit uses which is inconsistent with the definition of a
"lodge", as defined in Section 12-2, Vail Town Code, and therefore not in compliance
with the applicable provisions of the Vail Town Code or the Approved Development Plan
for the Special Development District.
Through the review and approval process of a Special Development District application,
the Zoning Regulations allow a developer to deviate from the development standards for
~4
i
the underlying zone district. The Zoning Regulations, however, do not allow a
developer to deviate from the permitted and conditional uses of the underlying zone
district.
The purpose of this memorandum is to present options to the Town Council that the
Council may wish to consider in addressing the developers request for flexibility in the
construction of the 20 fractional fee club units and receive input from the Town Council
on whE:ther a text amendment to the Public Accommodation zone district and or
applicable definitions should be pursued at this time. Staff believes that it is critical to
focus on the policy implications of each of the options to the community as a whole of
and how a change will impact other developments or properties in the Town of Vail.
Therefore, staff recommends that regardless of the option or options pursued, any
proposed change to the Zoning Regulations not provide any special privilege to any one
developer or property.
II. BACKGROUND & APPLICABLE REGULATIONS
Staff rE;cently prepared a report entitled, "Evaluation of dwe/ling units, hotels, and
fractional fee club units in Vail, Colorado." (Attachment A). The purpose of the report
was to present the economic impacts of various lodging types permitted in the Town of
Vail. This report is applicable to the policy changes proposed in that it evaluates the
economic impact to the Town of various lodging types. The following is a historical
summary of recent text amendments to the development standards prescribed by the
Public Accommodation zone district and other Town regulations that may have bearing
on this policy question.
1999 Amendments to the Public Accommodation Zone District
The most recent amendment to the Public Accommodation District was Ordinance 23,
Series of 1999. A summary of those changes are described below:
Summary of Changes from 1999 Amendment to the PA Zone District
Category Existing language prior to
Ordinance 23, Series of 1999 New Regulations as the result of Ordinance 23,
Series of 1999
Purpose The purpose of this amendment is to update
the development standards in the PA zone
district to reflect current needs in the lodging
industry
• These amendments reflect requests that have
been granted in previous Special
Development District applications for hotel
properties
• These amendments are indented to reduce
our dependence on SDD for renovating hotel
properties
Definition 50 % of GRFA must be At least 70% of the GRFA must be dedicated to
dedicated to AU AU and/or FFUs
Permitted Uses Lodges including accessory Recreational uses are not limited to 10%
uses. Accessory uses can not
exceed 10% of GRFA
Conditional Uses Eating and dining retail establishments more than
10% of the GRFA
Fractional Fee Club Units
Public clubs
45/flat Same
Heigh4 48/sloping roof
Density/GRFA 80sq ft/100 site area 150 sq fU100 sq ft: Specifically in determining
allowable GRFA the PEC shall make a finding that
proposed GRFA is in conformance with Vail
Total Density shall not exceed Village Master Plan and Urban Design Guide Plan
25 dwelling units
Total Density shall. not exceed 25 Dus: For the
purpose of calculating density, EHUS, AU and
FFU shall not be counted as density
FFU FFU -Interval ownership Same
where no fewer than 6 owners
and no more than 12 owners
Must be available for short term
rental
12-2-2
12-16-6 (7) (Conditional Use
Permits) Prior to a conditional
use permit for FFU or time
share must be an equivalency
of A.U.s and FFUs.
Additional GRFA N/A 70% of any new GRFA must go to A.U.s or FFUs
excludin interior conversions or 250s.
Min. Lot area 10,000 s ft Same
Setbacks 20 feet front side and rear 20 feet front, side and rear
PEC/and or DRB can consider less of a setback if
s ecific findin s are made
Site Coverage 55% 65% Board must find that the site coverage being
requested is consistent with the Vail Village Urban
Desi n Guide Plan.
Landscaping 30% of the site shall be same
landscaped
Parking 75% of required parking shall Same + Underground and drop-off may be in the
be located on the ro ert front setback.
Anything over a 1000 foot addition requires a
major exterior alteration review
Mitigations No language Similar to Lionshead & we defined substantial-off
site impacts
According to Section 12-7A-2, Vail Town Code, the only permitted use (use by right)
allowed in the Public Accommodation zone district is a "Lodge." A critical change was
made to the definition of lodge in 1999 and is shown below:
"Lodge: A building or group of associated buildings designed for
occupancy primarily as the temporary lodging place of individuals or families
either in accommodation units or dwelling units, in which the gross residential
floor area devoted to accommodation units
is equal to or greater than seventy percent (70%)
of the total gross residential floor area on the site, and in which all such units are
operated under a single management providing the occupants thereof customary
hotel services and facilities."
This change in the definition of a "lodge" is critical to this discussion in that a definition is
not development standard and therefore can not be deviated from as part of a Special
Development District approval. It is interesting to note that this definition is inconsistent
with other definitions in the Zoning Regulations in that it prescribes specific development
standards as part of the definition. This is a situation staff has begun to address with
recent "housekeeping" amendments to the Zoning Regulations.
2.3 Vail Land Use Plan
The Town of Vail Land Use Plan identifies several goals related to providing guest
lodging. Specific goals include:
"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 for the destination skiers."
"3.3 Hotels are important to the continued success of the Town of Vail, therefore
conversion to condominiums should be discouraged"
2.4 Zoning Regulations
Title 12, Zoning Regulations, Vail Town Code, has several key references to lodging
types in the Town of Vail. There is also a differentiation between how lodging is
addressed in Lionshead Mixed Use I and II zone district versus other zone district
established in the Town of Vail. There are several sections of the code that are unclear
and need to be modified as it relates to fractional fee/time share product.
Section 12-2-2:
Definitions
ACCOMMODATION UNIT.• Any room or group of rooms without kitchen facilities
designed for or adapted to occupancy by guests and accessible from common
corridors, walks, or balconies without passing through another accommodation
unit or dwelling unit.
FRACTIONAL FEE: A tenancy in common interest in improved real property,
including condominiums, created or held by person, partnerships, corporations,
or joint ventures or similar entities, wherein the tenants in common have formerly
arranged by oral or written agreement or understanding, either recorded or
unrecorded, allowing for the use and occupancy of the property by one or more
cotenants to the exclusion of one or more cotenants during any period, whether
annually reoccurring or not which is binding upon any assignee or future owner
of a fractional fee interest or if such agreement continues to be in any way
binding or effective upon any cotenant for the sale of any interest in the property.
FRACTIONAL FEE CLUB: A fractional fee project in which each condominium
unit, pursuant to recorded project documentation as approved by the town of
Vail, has no fewer than six (6) and no more than twelve (12) owners per unit
and whose use is established by a reservation system and is managed on site
with a front desk operating twenty four (24) hours a day, seven (7) days a week
providing reservation and registration capabilities. The project shall include, or be
proximate to transportation, retail shops, eating and drinking establishments, and
recreation facilities.
FRACTIONAL FEE CLUB UNIT.• A condominium unit in a fractional fee club
described as such in the project documentation and not an accommodation unit
within the fractional fee club.
LODGE: A building or group of associated buildings designed for occupancy
primarily as the temporary lodging place of individuals or families either in
accommodation units or dwelling units, in which the gross residential floor area
devoted to accommodation units or fractional fee club units, is equal to or greater
than seventy percent (70%) of the total gross residential floor area on the site,
and in which all such units are operated under a single management providing
the occupants thereof customary hotel services and facilities.
Notwithstanding the above for properties containing gross residential floor area
equal to or less than eighty (80) square feet of gross residential floor area for
each one hundred (100) square feet of buildable site area, such properties shall
be defined as lodges, provided that gross residential floor area devoted to
accommodation units or fractional fee club units exceed the gross residential
floor area devoted to dwelling units.
LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor
area and which contains six hundred fifty (650) square feet or less of floor area
and is intended to be rented on a short term basis.
TIMESHARE ESTATE: A timeshare estate shall be defined in accordance with
Colorado Revised Statutes section 38-33-110.
TIMESHARE LICENSE: A contractual right to exclusive occupancy of specified
premises; provided, that the occupancy of the premises is divided into five (5) or
more separate time periods extending over a term of more than two (2) years.
The premises may consist of one parcel, unit or dwelling or any of several
parcels, units or dwellings identified at the time the license is created to be
identified later. No timeshare is a timeshare license if it meets the definition of
interval estate, timeshare or time span estate.
Section 12-7A: Public Accommodation Zone District
The Public Accommodation Zone District has one permitted use which is
"Lodges" and is defined above. In addition, Fractional Fee Club is a conditional
use in this zone district.
It should be noted that Lodges are permitted in other zone districts.such as
Lionshead Mixed Use 1, Lionshead Mixed Use 2, Commercial Core1,
Commercial Core 2, and High Density Multiple Family District.
Section 12-7(H&I) Lionshead Mixed Use 1 and Lionshead Mixed Use 2
The Lionshead Mixed Use 1 and 2 zone districts incent the development of
accommodation units, time share units, employee housing units, and fractional
fee club units because they are considered "hot beds. "
Specifically, in Section 12-7H & I -12, Vail Town Code states,
"For the purpose of calculating density, employee housing units,
accommodation units, time share units, and fractional fee club units shall
not be counted as dwelling units. Additionally, a "lodge dwelling unit'; as
defined herein, shall be counted as twenty five percent (25%) of a
dwelling unit for the purpose of calculating density."
Permitted uses related to guest accommodations in these zone districts on the
second floor and above include:
• Lodges and accommodation units.
• Multiple-family residential dwelling units, time-share units, fractional
fee clubs, lodge dwelling units, and employee housing units (Type 111
(EHU) as provided in Chapter 13 of this Title).
Conditional uses related to guest accommodations in this zone district on the
first or street level include:
• Lodges and accommodation units
• Multiple-family residential dwelling units, time-share units, fractional fee
clubs, lodge dwelling units, and employee housing units (Type 111(EHU)
as provided in Chapter 13 of this Title).
It should be noted that in Lionshead Mixed Use 1 zone district, an applicant can
potentially convert ahotel/lodge dwelling unit to a dwelling unit if they
demonstrate compliance with the Lionshead Redevelopment Master Plan.
12-16-7: Conditional Use Permits
If a conditional use permit is required for a time share estate, fractional fee,
fraction fee club, or time share license proposal, the Code requires safeguards to
ensure that there is an equivalency of accommodation units (if the proposal
related to an existing building) and that each of the fractional fee club units will
be available to short-term rental in a managed program when not in use by club
members. To this end Section 12-16-7, Vail Town Code states:
8. Time Share Estate, Fractional Fee, Fractional Fee Club, Or Time Share
License Proposal: 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 are presently existing. Equivalency shall be
maintained either by an equal number of units or by square footage. /f
the proposal is a new development, it shall provide at least as much
accommodation unit gross residential floor area (GRFA) as fractional fee
club unit gross residential floor area (GRFA).
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.
c. The ability of the proposed project to create and maintain a high level of
occupancy.
d. Employee housing units maybe required as part of any new or
redevelopment fractional fee club project requesting density over that
allowed by zoning. The number of employee housing units required will be
consistent with employee impacts that are expected as a result of the
project.
e. The applicant shall submit to the town a list of all owners of existing units
within the project or building; and written statements from one hundred
percent (100%) of the owners of existing units indicating their approval,
without condition, of the proposed fractional fee club. No written approval
shall be valid if it was signed by the owner more than sixty (60) days prior to
the date of filing the application for a conditional use.
f. Each of the fractional fee club units shall be made available for short term
rental in a managed program when not in use by the club members. The
project shall include or be proximate to transportation, retail shops, eating
and drinking establishments, and recreation facilities.
2.5 U.S. Securities Law-Can a Dwelling Unit be a Hotel Unit?
Many hotel properties in Canada are developed as true condominium hotels where
owners purchase a hotel room as an investment with little or no rights to use that space.
In the United State, if a property owner is forced through a deed or some other
contractual mechanism to rent the property, it must be listed as a security and only a
broker that is licensed to sell securities can sell this type of property. It is possible to
limit the time an owner occupies a unit. This is done at the Ramshorn Lodge in Vail.
However, those owners can not be forced to rent their units.
III. OPTIONS FOR .ADDRESSING THE FOUR SEASONS REQUEST AND
IMPLICATIONS
Option A: No Action
The Town Council can choose to take no action at this time to allow additional flexibility
to propose less accommodation and fractional fee units than what is currently required.
The Public Accommodation zone district was recently amended and the issue of the
accormodation units to dwelling units was discussed and the result was an increase in
the ratio of accommodation units to dwelling units (70% - 30%). Additionally, since the
adoption of the revised regulations for the Public Accommodation zone district, three
hotel projects have been approved by the Town of Vail without the need for flexibility
with regards to the ratio of accommodation units to dwelling units (Tivoli Lodge,
Sonnenalp Hotel, Vail Mountain Lodge). Each of these projects is progressing through
the construction process.
3.1 Option B: Rezone the property to High Density Multi Family
The F=our Seasons Resort developer has applied to rezone the proposed development
site to the High Density Multiple Family zone district. In addition, the owner of the West
Vail Lodge submitted an application to rezone that property from Commercial Core 3 to
High Density Multiple Family. The High Density Multiple Family zone district provides
significant flexibility to the developer by allowing both lodges and multiple family dwelling
units as permitted uses. Staff believes that to apply this zoning to either of these two
properties is inconsistent with the Town's Land Use Plan and goal of creating "warm
beds.." If a property is rezoned to HDMF from PA, the most probably long term outcome
will be that the property turns into a dwelling unit project (condominiums). Also if the
Town approved of a Public Accommodation zoned property being rezoned to HDMF, it
would be difficult to say no to other similar requests.
3.2 Optic,n C: Add Dwelling Units as a conditional use in the Public Accommodation Zone
District
Adding multiple family dwelling units as a conditional use in the Public Accommodation
zone district would provide additional flexibility for a developer by creating another use
option other than lodges. With this change, the Town could expect to see more
conditional use applications for dwelling units in Public Accommodation zone districts.
In fact, a developer could propose committing 100% of the floor area to dwelling units
through a conditional use permit application. Staff could develop use specific criteria for
a conditional use permit for a dwelling unit in the PA zone district that may minimize the
impact to warm beds. Also Section 13-7-7 of the Town Code prohibits the conversion of
a "lodge or accommodation unit within the town to a condominium." Staff does not
recommend this option since it is in direct conflict with the purpose statement of the PA
zone district.
Another variation of option C is to make Lodge Dwelling Units a conditional use in the
PA zone district versus multiple family dwelling units. This is a new use created at the
same time as the Lionshead Mixed Use 1 zone district. The definition of a Lodge
Dwelling Unit is:
LODGE DWELLING UNIT: A small dwelling unit with limited kitchen and floor
area and which contains six hundred fifty (650) square feet or less of floor area
and is intended to be rented on a short term basis.
This would have similar implications as mentioned above. However, a Lodge Dwelling
Unit must be 650 square feet in size or less. It has been demonstrated that smaller
dwelling units are more likely to be rented. That is why, Lodge Dwelling Units in the
Lionshead Mixed Use Zone District only count as 50% of a dwelling unit for the purposes
of calculating density. The Town has not yet reviewed an application that includes
Lodging Dwelling Units and it is unclear whether there is a market for this type of a
product.
3.4 Option D: Change the 70% - 30% language in the definition of Lodge:
The "70/30" language in the definition of "Lodge" could be modified to provide more
flexibility for mixing unit types. The definition of lodge could be modified back to a
50%/50% split which was in the definition prior to 1999. The Town should not expect
more than 50% of the floor area committed to accommodation units under this
alternative.
3.5 Option E: Move the 70/30 language from the definition of lodge to the density/floor area
section in the PA Zone District
Staff developed a way to provide additional flexibility for development in the Public
Accommodation zone district without changing the intent or the substance of the current
Public Accommodation zone district. This option would move the regulatory language
currently (see bolded language below) in the definition of a lodge and place it under
Section 12-7A-8 Density Control, Vail Town Code.
LODGE: A building or group of associated buildings designed for occupancy
primarily as the temporary lodging place of individuals or families either in
9
accommodation units or dwelling units, in which the gross residential floor
area devoted to accommodation units or fractional fee club units, is equal
to or greater than seventy percent (70%) of the total gross residential floor
area on the site, and in which all such units are operated under a single
management providing the occupants thereof customary hotel. services and
facilities.
This change maintains the status quo related to the current development standards of
the Public Accommodation zone district, however, it would allow a developer to propose
a Special Development District that could deviate from the "70% Accommodation &
Fractional Fee Unit/30% Dwelling Unit requirement". Also this change would have to be
made to every zone district that includes lodge as a permitted or conditional use which
includes: LMU 1, LMU 2, CC1, CC2, and High Density Multiple Family District. The
negative implication of this option is that we could expect developers to apply for SDD's
that would provide greater flexibility on unit type mix in the PA zone district which is in
direct conflict with the proposes of the text amendments adopted in 1999. Staff could
develop criteria for evaluating such proposals, i.e., dwelling units will be managed in a
way to incent that they will be part of a rental pool, hotel amenities will be provided on
site etc. Like the lodge dwelling unit this incentive is largely untested and therefore the
possible outcomes are unclear. If the Town Council would like to provide flexibility on
this policy question, then staff believes this option may have the fewest unintended
consequences. A more complete analysis of the option is needed to more fully
understand the impacts and consequences.
Attachment A: Memorandum on Lodging Types
Attachment B: Public Accommodation Zone District
F:\UsE;rs\cdev\COUNCIL\MEMOS\04\PAzonedistricoptions012004.doc
io
Attachment: A
TO: Vail Town Council
FROM: Community Development Department
Staff: Russ Forrest
DATE: August 19, 2003
SUJECT: Evaluation of Dwelling Units, Hotels, and Fraction Fee Units in Vail Colorado
1. PURPOSE:
The purpose of this worksession is to:
Review the economic impact of condominium units, accommodation units, and
fractional fee/timeshare units in the Town of Vail
o Review policy related issues with the Town Council that should be further
considered
This memo is intended to highlight the key issues related to this topic. Additional
information in a power point presentation will be provided to the Town Council on August
19tH 2003
2. EXISTING LODGING DEVELOPMENT TYPES
This analysis is intended to focus on the relative economic impact of dwelling units,
fractional fee/time share units, and accommodation units. The following information
describes the current stock of lodging types and the proposed types now being
considered in the development review process.
2.1 Existing Quantity of Development by LodgingTypes
The existing amount of condominium units used for short term leases,
accommodation units, and fractional fee units as recorded by the Town of Vail
Sales Tax Department are summarized below:
Type # of Units
Accommodation Units 1588
Condominium Units used for short term rental 704
Condominium Hotel Units 491
Fractional Fee/Time Share Units 312
Accommodation units include traditional hotel rooms. They are not individually
owned. The quality and average daily rate (ADR) of hotels can vary widely
depending on location.
Condominiums involve two types of properties:
A. Properties that simply short term lease individually owned
condominium units which have a minimum of amenities.
B. Properties that operate and function much like a hotel with front
counter service, conference space, food service, and recreational
amenities.
Condominium Hotels are a hybrid of a traditional hotel and a condominium. They
have the amenities of a hotel and an active management program that will short-
term lease individual properties. Staff used the following criteria for defining a
condo-hotel:
o Marketing program
o Short-term rental program
o Recreational amenities
o Conference/meeting Space
Staffed front lobby
Fractional and Time Share properties in Vail are limited to 6 locations. The
quality and operation of these 6 properties can be split into two categories.
A. Newer Fractional Fee Product: There are two properties in Town that
comply with the Town's Fractional Fee Definition as applicable in the
Public Accommodation District. These properties have a
demographic of serving guests with an average income of over
$100,000 per year.
B. The other 4 properties are older time share properties created before
new state laws requiring capital reserves for maintenance and repair
and the newest Town of Vail regulations related to Fractional product.
In evaluating the direct economic benefit of time share and fractional ownership
in the Town of Vail it should be noted that there is a significant disparity between
the quality and economic value of these types of properties in Vail.
2.2 Proposed Quantity of Development by Lodging Types in Vail Village and
Lionshead
The Town is currently reviewing an unprecedented amount of redevelopment in
both Vail Village and Lionshead that will have a significant impact on guest
accommodation, lodging and sales tax. The following is a break out of known
unit types being proposed. These numbers most likely will change as
development projects are considered in the development review process.
Unit T es
Start
Year
Dwelling
Units
Condo-
Hotel Fractional/
Time
Share
Hotel
Core Site 2005 79 60 21
West Da Lot 2007 125 44 46
4-Seasons 2004 20 20 119
Sonnenal 2004 9 14 35
Tivoli 2004 1 60
Front Door 2004 13 2
VVI ? 40 40 100
Source: Development application submitted to the Community Development Department
It should be noted that the VVTCB has reported that there are 1685 hotel rooms
in Vail. The difference between the Finance Departments numbers above and
the VVTCB numbers are accounted for how condominium hotels are defined.
3. APPLICABLE CODE AND MASTER PLAN REFERENCES
3.1 Vail Land Use Plan
The Town of Vail Land Use Plan identifies several goals related to providing guest
lodging. Specific goals include:
"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 for the destination skiers."
"3.3 Hotels are important to the continued success of the Town of Vail, therefore
conversion to condominiums should be discouraged"
3.2 Lionshead Redeveooment Master Plan
The 1998 Lionshead Master Plan focused on the need to generate a variety of "live
beds." The plan evaluated new fractional fee product, hotel product, and condominiums
in the market place. A specific goal identified on page 2-3 of the plan is:
"In order to enhance the vitality and viability of Vail, renewal and redevelopment
in Lionshead must promote improved occupancy rates and the creation of
additional bed base ("live beds" or "war beds") through new lodging product."
The plan specifically called for the development of new hotels at the "core site" and the
West Day Lot. It was envisioned that these properties would include a mix of lodging
types. In fact on page 5-22 the plans states that
"The Vail Associates core site has been identified as a priority location for a high
end resort hotel. Although the hotel would be a private development, the Town
of Vail should take all reasonable measures to encourage and facilitate this
goal." -
3.3 Zoning Code
Title 12 of the Vail Town Code has several key references to lodging types in the Town
of Vail. There is also a differentiation between how lodging is addressed in Lionshead
versus Vail Village. There are also several sections of the code that are unclear and
need to be modified as it relates to fractional fee/time share product.
SE~ction 12-2-2:
Definitions
ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities
designed for or adapted to occupancy by guests and accessible from common
corridors, walks, or balconies without passing through another accommodation
unit or dwelling unit.
FRACTIONAL FEE: A tenancy in common interest in improved real property,
including condominiums, created or held by person, partnerships, corporations,
or joint ventures or similar entities, wherein the tenants in common have formerly
arranged by oral or written agreement or understanding, either recorded or
unrecorded, allowing for the use and occupancy of the property by one or more
cotenants to the exclusion of one or more cotenants during any period, whether
annually reoccurring or not which is binding upon any assignee or future owner
of a fractional fee interest or if such agreement continues to be in any way
binding or effective upon any cotenant for the sale of any interest in the property.
FRACTIONAL FEE CLUB: A fractional fee project in which each condominium
unit, pursuant to recorded project documentation as approved by the town of
Vail, has no fewer than six (6) and no more than twelve (12) owners per unit
and whose use is established by a reservation system and is managed on site
with a front desk operating twenty four (24) hours a day, seven (7) days a week
providing reservation and registration capabilities. The project shall include, or be
proximate to transportation, retail shops, eating and drinking establishments, and
recreation facilities.
FRACTIONAL FEE CLUB UNIT: A condominium unit in a fractional fee club
described as such in the project documentation and not an accommodation unit
within the fractional fee club.
LODGE: A building or group of associated buildings designed for occupancy
primarily as the temporary lodging place of individuals or families either in
accommodation units or dwelling units, in which the gross residential floor area
devoted to accommodation units or fractional fee club units, is equal to or greater
than seventy percent (70%) of the total gross residential floor area on the site,
and in which all such units are operated under a single management providing
the occupants thereof customary hotel services and facilities.
Notwithstanding the above for properties containing gross residential floor area
equal to or less than eighty (80) square feet of gross residential floor area for
each one hundred (100) square feet of buildable site area, such properties shall
be defined as lodges, provided that gross residential floor area devoted to
accommodation units or fractional fee club units exceed the gross residential
floor area devoted to dwelling units.
LODGE DWELLING UN/T.~ A small dwelling unit with limited kitchen and floor
area and which contains six hundred fifty (650) square feet or less of floor area
and is intended to be rented on a short term basis.
TIMESHARE ESTATE: A timeshare estate shall be defined in accordance with
Colorado Revised Statutes section 38-33-110.
TIMESHARE LICENSE: A contractual right to exclusive occupancy of specified
premises; provided, that the occupancy of the premises is divided into five (5) or
more separate time periods extending over a term of more than two (2) years.
The premises may consist of one parcel, unit or dwelling or any of several
parcels, units or dwellings identified at the time the license is created to be
identified later. No timeshare is a timeshare license if it meets the definition of
interval estate, timeshare or time span estate.
Section 12-7A: Public Accommodation Zone District
The Public Accommodation Zone District has one permitted use which is Lodges
that is defined above. In addition, Fractional Fee club is a conditional use in this
Zone District.
It should be noted that Lodges are permitted in other zone districts such as LMU
1, LMU 2, CC1, CC2, and High Density Multiple Family District.
Section 12-7(H&I) Lionshead Mixed Use 1 and Lionshead Mixed Use 2
The Lionshead Mixed Use Zone Districts (1 & 2) incent the development of
accommodation units, time share units, employee housing units, and fractional
fee club units because they are considered "hot beds. "
Specifically in section 12-7H (and I) -12 the code states "For the purpose
of calculating density, employee housing units, accommodation units,
time share units, and fractional fee club units shall not be counted as
dwelling units. Additionally, a "lodge dwelling unit ; as defined herein,
shall be counted as twenty five percent (25%) of a dwelling unit for the
purpose of calculating density."
Permitted uses related to guest accommodations in this zone district on the
second floor and above include:
° Lodges and accommodation units.
° Multiple-family residential dwelling units, time-share units, fractional
fee clubs, lodge dwelling units, and employee housing units (Type 111
(EHU) as provided in Chapter 13 of this Title).
Conditional uses related to guest accommodations in this zone district on the
first or street level include:
• Lodges and accommodation units
• Multiple-family residential dwelling units, time-share units, fractional fee
clubs, lodge dwelling units, and employee housing units .(Type 111 (EHU)
as provided in Chapter i3 of this Title).
It should be noted that in LMU 1, an applicant can potentially convert a
hotel/Lodge Dwelling unit to a condominium if they could pass the test of
showing compliance to the Lionshead Master Plan.
12-16-7: Conditional Use Permits
If a conditional use permit is required for a time share estate, fractional fee,
fraction fee club, or time share license proposal, the code does require
safeguards to ensure that there is an equivalency of accommodation units (if the
proposal related to an existing building) and that and that each of the fractional
fee club units will be available to short term rental in a managed program when
not in use by club members. Specifically section 12-16-7 states:
8. Time Share Estate, Fractional Fee, Fractional Fee Club, Or Time Share
License Proposal: 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 are presently existing. Equivalency shall be
maintained either by an equal number of units or by square footage. If the
proposal is a new development, it shall provide at least as much
accommodation unit gross residential floor area (GRFA) as fractional fee
club unit gross residential floor area (GRFA).
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.
c. The ability of the proposed project to create and maintain a high level of
occupancy.
d. Employee housing units maybe required as part of any new or
redevelopment fractional fee club project requesting density over that
allowed by zoning. The number of employee housing units required will be
consistent with employee impacts that are expected as a result of the
project.
e. The applicant shall submit to the town a list of all owners of existing units
within the project or building; and written statements from one hundred
percent (i00%) 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 was signed by the owner more than sixty (60) days prior to
the date of filing the application for a conditional use.
f. Each of the fractional fee club units shall be made available for short term
rental in a managed program when not in use by the club members. The
project shall include or be proximate to transportation, retail shops, eating
and drinking establishments, and recreation facilities.
3.4 Analysis of Existing Code
Staff has several conclusions and concerns about the existing code which should
be considered:
To ensure that guest needs for lodging are accommodated, a healthy mix of
lodging types should be allowed in the Town of Vail. Aspen and Steamboat
along with other resort communities have come to the same conclusion. The
critical issue is determining the desired mix of lodging types and how
optimize the use of lodging properties to achieve the maximum benefit for
the community.
Since multi-family units are a permitted use on the second floor and above in
Lionshead then accommodation units could potentially be converted in the
future. However, the applicant would have to demonstrate that the
conversion is in compliance to the Lionshead Master Plan. Staff would
suggest that the Town look at this conversion issue more closely and
determine if additional safe guards should be created as exists in the
Conditional Use Section of the Town Code.
The definition of Fractional Fee Club limits ownership to six (6) and no more
than twelve (12) owners per unit. However, time share units as allowed in
LMU1 and 2 and HDMF has no such limits. Resort communities such as
Aspen and Steamboat have recently updated their zoning code as it relates
to this issue so that they regulate the use (i.e. that the property has hotel
amenities, rooms are available to short-term rentals) versus regulating
ownership programs. Staff would recommend that we evaluate the Town's
current regulations in light of this rapidly evolving market to determine if any
changes are appropriate.
On April 8`h, 2002 Town staff discussed with the PEC the need for a
text change to the definition of a Fraction Fee Club. The Vail Town
Code allows for time-share units and fractional fee clubs in the
Lionshead Mixed Use 1 zone district. It does not address fractional
fee. The definition of fractional fee and a fractional fee club are
entirely different. Fractional fee, by definition, is a type of ownership of
real property. A fractional fee club is a type of land use. Fractional fee
clubs are regulated as conditional uses in the various zone districts.
Therefore, in order to operate a fractional fee club a property owner
must first receive approval of a conditional use permit, subject to the
applicable rules and regulations outlined in Title 12, Chapter 16, of the
Vail Town Code. A copy of the conditional use regulations and
requirements is listed below:
4. ECONOMIC IMPACT OF DEVELOPMENT TYPES
4.1 Direct Economic Return
The Sales Tax office of the Town of Vail compiled actual sales and lodging tax
generation from properties in the Town of Vail. The table described below includes only
the Town's 4% sales tax generation and the number of rooms reported to the Finance
Department.
Quantity of
Units Sales
Tax/Units
Dwellin Units 733 $ 1,098
IntervalOwnershi 312 $ 273
Hotels 1,588 $ 1,390
Condo-Hotels 491 $ 1,801
Source: Town of Vail Finance Department
These numbers reflect a 4 year average of actual sales tax receipts to the Town of Vail.
Condo-Hotels included properties that had front counter services, recreational amenities,
marketing programs, and conference facilities. This type of property had the highest
direct sales tax return. Interval ownership had the lowest direct sales tax return.
However, it should be noted that there are 6 time share/interval properties in Vail and
the quality of these products differ significantly. Ranges for direct sales tax receipts for
the 4 lodging types included:
Condominiums: $141- $2,181 sales tax/year/per unit
Interval ownership: $20 - $826 sales tax/year/per unit
Hotels $358-$4200 sales tax/year/per unit
Condo/Hotels $1535-$2,390 sales tax/year/per unit
Hotels had a higher average sales tax per room at $1,390 compared to condominiums.
Hotels most likely would have had a higher yield per room if the Chatau was fully utilized
and the Marriot had not gone through a renovation over the last several years. It should
also be noted that hotels have a very wide range of sales tax yield.
4.2 Impact of Guest Spending
There are numerous assumptions that need to be made to determine how much guest
spend once they leave their accommodation. Major variable and their assumptions
include:
A. Expenditure/person: RRC has calculated that an average annual expenditure per
person excluding lodging is approximately $72/day.
B. Number of people per room: This is based on industry standards and information
reported by the Harvard School of Business Masters Students evaluating lodging
product in the Town of Vail. These assumptions included 1.5 in a hotel room and
2.5 people per condominium or fractional fee unit.
C. Occupancy Numbers were derived from by Hill and Company from a January 2003
Occupancy and Average Rate Study. An average Vail Valley hotel occupancy was
approximately 59%. An average occupancy for condominiums was approximately
38%. Fractional occupancy in the literature is at approximately 72% (Lee, 2003).
Condominium Hotels depending on their operation may have an occupancy
approaching a hotel. However, to be conservative an average of the condominium
and hotel occupancy was used which equals 48%. Also a more conservative
number of 2 was used for people per room in condo hotels
RRC is currently reviewing these assumptions and if more precise information is
available staff will present that on August 19th. It is reasonable to assume that spending
patterns will be different based on the type of lodging product a guest purchases. A high
end hotel will have a guest that spend more on a daily basis than a less expensive
condominium. The values below reflect a blended average of spending. Based on
these three major assumptions occupancy will have a significant impact on sales tax
generation. The following is a summary of sales tax generation from guest spending
based on lodging type.
Average
Annual
Occu anc
Expenditure
/ erson/da
Peo le/unit
Sales Tax/Guest
Ex enditures/unit
Dwellin Units 38% $ 67.00 3.20 $ 1,188
IntervalOwnershi 72% $ 67.00 3.00 $ 2,113
Hotels 59% $ 75.00 2.40 $ 1,551
Condo-Hotels 48% $ 75.00 2.60 $ 1,370
In this analysis an interval ownership property with higher occupancy rates can be
significant. Occupancy may be reduced for fractional ownership if the ownership interval
is significantly below 4 owners per unit.
4.3 Total Economic Impact by Lodging Type
When both direct sales tax and spending is added together the following is observed:
ooms
ales Tax/Room
A~rage
Annual
Occupancy
Sales Tax/Guest
Expenditures/ro
om Total Sales
Tax
Generation
per room
Condominiums 704 $ 1,129 38% $ 997 $ 2,127
Interval Ownership 312 $ 273 72°/ $ 1,892 $ 2,165
Hotels 1,588 $ 1,270 59°/ $ 930 $ 2,161
Condo-Hotels 491 $ 1,801 48% $ 1,012 $ 2,813
Again staff believes that several hotel properties have not performed at historical
averages based on renovations and proposed redevelopment. However, it is interesting
to note that each type of product has a relative significant impact to the Town. Staff
would conclude that the more guest amenities and the higher quality the product the
better performing the property from a sales tax basis. Condo-Hotels if they provide the
amenities of a hotel interestingly have the highest net return to the Town of Vail.
However, it should be noted that in a condominium hotel, owners can not be forced to
rent their unit unless they become a regulated security. Managers of condominium
hotels have found owners can be highly encouraged to rent properties if there is a
significant management fee to pay for amenities on the property and there are limits on
how an owner can personalize a unit i.e. hanging personal art on the wall. The critical
factors that appear to important in generating a high annual taxable yield include:
• Aggressive marketing program for the property
• Management program that encourages putting property into a rental program.
• Recreational amenities such as pools and spas
• Food Service and other guest services
• Overall quality of the property
• Meeting & Conference Space
5. MARKET TRENDS
Attached are several pieces of information to highlight market trends for time share and
hotel product. The first attachment is a powerpoint presentation from the Harvard
Business School students on fractional product. Attached to that is a paper on fractional
product.
POLICY CONSIDERATIONS
The primary purpose of this analysis is to report out on the economic implications of
v<~rious lodging types. The types of guest lodging are evolving particularly with time
shares. Given that the above analysis of the Town code and economic implications,
Staff would suggest that the Council consider the following:
• Should the Town of Vail review its time share and fractional fee zoning
regulations to address new and evolving product such as Aspen and Steamboat
Springs. A trend in regulating this type of use is to focus on how the product will
]0
be used and that guest amenities are provided and that properties are available
to short term rental when not used by owners.
Staff would recommend that the Town address inconsistencies with how it
defines time share, fractional fee, and fractional fee club.
Should the Town place limitations on the conversion of accommodations units to
condominium in Lionshead.
Are. there other changes to zoning or Town policy that needs to occur?
Attachments:
A. Presentation on Fractional Fee Ownership by John Lee and Daniel Bryan
B. Paper on Fractional Fee Product by the Hoffman Foundation
F:\Users\cdev\COUNCIL\MEMOS\03\Dwelling Unit Discusion812.doc
12-7A-1 Attachment: B
CHAPTER?
COMMERCIAL AND BUSINESS DISTRICTS
ARTICLE A._ .PUBLIC ACCOMMODATION (PA) DISTRICT.
SECTION:
12-7A- 1: Purpose
12-7A- 2: PE:rmitted Uses
12-7A- 3: Conditional Uses
12-7A- 4: Accessory Uses
12-7A- 5: Lot Area And Site Dimensions
12-7A- 6: SE~tbacks
12-7A- 7: Height
12-7A- 8: Density Control
12-7A- 9: Site Coverage
12-7A-10: Landscaping And Site
Development
12-7A-11: Parking And Loading
12-7A-12: E;cterior Alterations Or
Pvlodifications
12-7A-13: Compliance Burden
12-7A-14: Mitigation Of Developmeht
Impacts.
12-7A-15: Addition Of Gross Residential
F=loor Area To Existing PA
Properties
12-7A-1: P1:IRPOSE: The public accomrr~o-
dation district is intended to
provide sites for lodges and residential
accommodations .for visitors, together with
such public and semipublic facilities and
limited professional offices, medical facili-
ties, private recreation, commercial/retail
and related visitor oriented uses as may
appropriately be located within the same
district and compatible with adjacent land
uses. The public accommodation district is
intended to ensure adequate light, air, open
space, and other amenities commensurate
12-7A-3
with lodge uses, and to maintain the desir-
able resort qualities of the district by estab-
lishing appropriate site development. stan=
dards. Additional nonresidential uses are
permitted as conditional uses which en-
hance the nature of Vail as a vacation com-
munity, and where permitted uses are in-
tended to function compatibly with the high
density lodging character of the district.
(Ord. 23(1999) § 1: Ord. 30(1977) § 7: Ord.
8(1973) § 7.100)
12-7A-2: PERMITTED USES: Thee follow-
ing uses shall be permitted in
the PA district:
Lodges, including accessory eating, drink-
ing, or retail establishments located within
the principal use and not occupying more
than ten percent (10%) of the total gross
residential floor area of the main structure
or structures on the site; additional acces-
sory dining areas may be located on. an
outdoor deck, porch, or 'terrace. (Ord.
23(1999) § 1 : Ord. 37(1980) § 7: Ord.
19(1976) § 8: Ord. 8(1973) § 7.200)
12-7A-3: CONDITIONAL USES: The
following conditional uses shall
be permitted in the PA district, subject to
issuance of a conditional use permit in
accordance with the provisions of chapter
16 of this title:
Bed and breakfast, as further regulated by
section 12-14-18 of this title.
December 2001
Town of Vail
12-7A-6
A. Proposed building setbacks provide
necessary separation between build-
ings and riparian areas, geologically
sensitive areas and other environmen-
tally sensitive areas.
B. Proposed building setbacks comply
- with applicable elements of the Vail
village urban design guide plan and
design considerations.
C. Proposed building setbacks will pro-
vide adequate availability of light, air
and open space.
D. .Proposed building setbacks will pro-
vide a compatible relationship with
buildings and uses on adjacent prop-
erties.
E. Proposed building setbacks will result
in creative design solutions or other
public benefits that could not other-
wise be achieved by conformance with
prescribed setback standards. (Ord.
23(1999) § 1: Ord. 50(1978) § 2)
12-7A-7: HEIGHT: For a flat roof or man-
sard roof, the height of buildings
shall not exceed forty five feet (45'). For a
sloping roof, the height of buildings shall
not exceed forty eight feet (48'). (Ord.
23(1999) § 1: Ord. 37(1980) § 2)
12-7A-8: DENSITY CONTROL: Up to one
hundred fifty (150) square feet of
gross residential floor area (GRFA) may be
permitted for each one hundred (100)
square feet of buildable site area. Final
determination of allowable gross residential
floor area shall be made by the planning
and environmental commission in accor-
dance with section 12-7A-12 of this article.
Specifically, in determining allowable gross
12-7A-10
residential floor area. the planning and envi-
ronmental 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
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 count-
ed towards density. Each accommodation
unit shall be counted as one-half ('/2) of a
dwelling unit for purposes of calculating
allowable units per acre.
A dwelling unit in amultiple-family building
may include one attached accommodation
unit no larger than one-third ('/3) of the total
floor area of the dwelling. (Ord. 31(2001)
§§ 3, 5: Ord. 23(1999) § 1: Ord. 50(1978)
-§ 19: Ord. 12(1978) § 2) -
12-7A-9: SITE COVERAGE: Site cover-
age shall not exceed sixty five
percent (65%) of the total site area. Final
determination of allowable site coverage
shall be made by the planning and envirbn-
mental commission and/or the design. re-
view board in accordance with section
12-7A-12 of this article. Specifically, in.
determining allowable site coverage the
planning and 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. (Ord. 23(1999) § 1:
Ord. 17(1991) § 7: Ord. 8(1973) § 7.507)
12-7A-10: LANDSCAPING AND SITE DE-
VELOPMENT: At least thirty
percent (30%) of the total site area shall be
landscaped. The minimum width and length
February 2002
Town of Vail .
12-7A-10 12-7A-12
of any area qualifying as landscaping shall
be fifteen meet (15') with a minimum area
not less than three hundred (300) square
feet. (Ord. 23(1999) § 1: Ord. 19(1976) § 8:
Ord. 8(197~I) § 7.509)
12-7A-11: PARHING AND LOADING: Off
street parking and loading shall
be provided in accordance with chapter.l0
of this title.. At least seventy five percent
(75%) of the required parking shall be locat-
ed 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 and environmental
commission and/or the design review
board. (Ord. 23(1999) § 1: Ord. 19(1976)
§ 8: Ord. 8(1973) § 7.510)
12-3-6 of this title. Complete applica=
tions for major exterior alterations
shall be submitted in accordance with
administrative schedules developed
by the department of community de-
velopment for planning and environ-
mental commission and design review
board review. The following submittal
items are required:
1. Application: An application shall be
made by the owner of the building or
the building owner's authorized agent
or representative on a form provided
by the administrator. Any application
for condominiumized buildings shall
be authorized by the condominium
association in conformity with all perti-
nent requirements of the condominium
association's declarations.
2. Application; Contents: An -applica-
tion for an exterior alteration shall
include the following:
12-7A-12: EXTERIOR ALTERATIONS OR
MODIFICATIONS:
A. Review Required: 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 this title. However,
any project which adds additional
dwelling units, accommodation units,
fractional fee club units, any project
which ;adds more than one thousand
(1,000) square feet of commercial
floor area or common space, or any
project which has substantial off site
impacts (as determined by the admin-
istrator) shall be reviewed by the plan-
ning and environmental commission
as a major exterior alteration in accor-
dance with this chapter and section
a. Completed application form, filing
fee, and a list of all owners of property
located adjacent to the subject parcel.
The owners' list shall include the
names of all owners, their mailing
address, a legal description of the
property owned by each, and a gener-
al description of .the. property ,(includ-
ing the name of the property, if appli-
cable), and the name and mailing
address of the condominium
association's representative (if appli-
cable). Said names and addresses
shall be obtained from the current tax
records of Eagle County as they ap-
peared not more than thirty (30) days
prior to the application submittal date.
b. A written statement describing
the proposal and how the proposal
complies with the Vail village master
February 2002
Town of Vail
12-7A-12
plan,. the Vail village urban design
guide plan, the Vail village street-
scape master plan and any other
relevant sections of the Vail compre-
hensive plan.
c. A survey stamped by a licensed
surveyor indicating existing conditions
on the property including the location
of ,improvements, topography, and
natural features.
d. A current title report to' verify
ownership, easements, and other
encumbrances, including schedules A
and B3.
e. Existing and proposed site plan
at a minimum scale of one_inch equals
twenty feet (1" = 20'), a vicinity plan at
an appropriate scale to adequately
show the project location in relation to
the surrounding area, a landscape
plan at a minimum scale of one inch
equals 20 feet (1" = 20'), a roof height
plan and existing and proposed build-
ing elevations at a minimum scale of
one-eighth inch equals one foot
('/e" = 1'). The material listed above
shall include adjacent buildings and
improvements as necessary to dem-
onstrate the project's compliance with
the Vail village master plan, the Vail
. village urban design guide plan and
the Vail streetscape master plan;
f. Sun/shade analysis of the exist-
ing and proposed building for the
spring/fall equinox (March 21 /Sep-
tember 23) and winter solstice (De-
cember 21) at ten o'clock (10:00) A.M.
and two o'clock (2:00) P.M. unless the
department of community develop-
ment determines that the proposed
addition has no impact on the existing
sun/shade pattern. The following sun
12-7A-12
angle ,shall be used when preparing
this analysis:
Spring/Fall
E uinox Sun Angle
10:00 A.M. 40° east of south, 50° declination
2:00 P.M. 42° west of south, 50° declination
Winter '
Solstice Sun Anqle
10:00 A.M. 30° east of south, 20° declination
2:00 P.M. 30° west of south, 20° declination
Town of Vail
g. Existing and proposed floor plans
at a minimum scale of one-fourth inch
equals one foot ('/4" = 1') and a
square footage analysis of all existing
and proposed uses.
h. An architectural or massing mod-
el of the proposed development. Said
model shall include buildings and
major site improvements on adjacent
properties as deemed necessary by
the administrator. The scale of the
model shall be as determined by ,the
administrator.
i. Photo overlays and/or other
graphic material to demonstrate the
special relationship of the proposed
development to adjacent properties,
public spaces, and adopted views per
chapter 22 of this title.
j. Any additional information or
material as deemed necessary by the
administrator or the town planning and
environmental commission (PEC). The
administrator or the planning and
environmental commission may, at
his/her or their discretion, waive cer-
tain submittal requirements if it is
determined that the requirements are
February 2002
12-7A-12
not relevant to the proposed develop-
ment nor applicable to the Vail village
master plan, the Vail village urban
design guide plan, the Vail village
streetscape master plan.
3. Work Sessions%Conceptual Review:
If requested by either the applicant or
the administrator, submittals may
proceed to a work session with the
planning and environmental commis-
sion, a conceptual review with the
design review board, or a work ses-
sion with the town council.
4. Hearing: The public hearing before
the planning and environmental com-
mission shall be held in accordance
with section 12-3-6 of this title. The
planning and environmental commis-
sion may approve the application as
submitted, approve the application
with conditions or modifications, or
deny the application. The decision of
the planning and environmental com-
mission may be appealed to the town
council in accordance with section
12-3-3 0# this title.
5. Lapse Of Approval: Approval of an
exterior alteration as prescribed by
this article shall lapse and become
void three (3) years following the date
of approval by the design review
board unless, prior to the expiration, a
building permit is issued and construc-
tion is commenced and diligently pur-
sued to completion. Administrative
extensions shall be allowed for rea-
sonable and unexpected delays as
long as code provisions affecting the
proposal have not changed. (Ord.
31(2001) § 7: Ord. 23(1999) § 1)
12-7A-14
12-7A-13: COMPLIANCE BURDEN: It
shall be the burden of the appli-
cant to prove by a preponderance of the
evidence before the planning and environ-
mental commission and the design review
board that the proposed exterior alteration
or new development is in compliance with
the purposes of the public accommodation
zone district, that the proposal'is consistent
with applicable elements of the Vail village
master plan, the Vail village urban design
guide plan and the Vail streetscape master
plan, and that the proposal does not other-
wise have a significant negative effect on
the character of the neighborhood, and that
the proposal substantial)y complies with
other applicable elements of the Vail com-
prehensive plan. (Ord. 23(1999) § 1)
12-7A-14: MITIGATION OF DEVELOP-
MENT IMPACTS: Property own-
ers/developers shall also be responsible for
mitigating direct impacts of their develop-
ment on public infrastructure and in all
cases mitigation shall bear a reasonable
relation to the development impacts. Im-
pacts 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 deter-
mined by the planning and environmental
commission in review of development pro-
jects and conditional use permits. Substan-
tial off site impacts may include, but are not
limited to, the following: deed restricted
employee housing, roadway improvements,
pedestrian walkway improvements, street-
scape improvements, stream tract/bank
restoration, loading/delivery, -public art im-
provements, and similar improvements. The
intent of this section is to only require miti-
gation for large scale redevelopment/devel-
opment projects which produce substantial
off site impacts. (Ord. 23(1999) § 1)
February 2002
Town of Vail
12-7A-15
12-7A-15
12-7A-15: ADDITION OF GROSS RESI-
DENTIAL FLOOR AREA TO .'
EXISTING PA PROPERTIES: For any
gross residential floor area added to a pub-
lic accommodation zoned property following
the effective date hereof, a minimum of
seventy percent (70%) of the added gross
residential floor area shall be devoted to
accommodation units, or fractional fee club
units subject to the issuance of a condition-
al use permit. This limitation shall not apply
to gross residential floor area being added
in accordance with sections 12-15-4 and '
12-15-5 of this title. (Ord. 23(1999) § 1)
February 2002
Town of Vail
r
1 /20/2004
Page 1 of 3
200 ~~~-®E ®~ EvEnl~s
N®VEIfABER 2003
21 Vail Mountain Opens for 2003-04 Season
25 Children's Gift Making Day, Town of Vail Library
28 Holiday Tree Liphtinq Celebration. Checkpoint Charlie
~~~ (~s i~~~8~ .~ S
X~ ..,.
vents
~~~
Fi l~e-
cDECEwABER 2®®3
3 Budweiser Free Street Beat Concert, Vail Village
5 Holiday Tree Liphtinq and Celebration. Lionshead
7 Family Fireside Holiday Party, Town of Vail Library
10 Budweiser Free Street Beat Concert, Vail Village
12 Adventure Ridge Opens, Vail Mountain
12 Sun Up and Sun Down Bowls Open (conditions permitting)
12 Holiday Tree Liphtinq and Celebration. Crossroads
17 Budweiser Free Street Beat Concert, Vail Village
19 Back Bowls and Blue Sky Basin Open (conditions permitting)
20 30t" Annual President Ford Holiday Tree Liphtinq. Vail Village
28 Vail Valley Medical Center Foundation's Annual Family Dinner Dance
31 "Y04" New Year's Eve Party -Grade 9 through Age 20. Dobson Ice Arena
~DANUARY
14-19 The Session Snowboard Competition. Vail Mountain
17 Mogul Mania, Vail Mountain
28-31 US Freeskiing Open, Vail Mountain
31 Mogul Mania, Vail Mountain
FEI3RtDARY
Thurs. Adventure Speaker Series, Town of Vail Library
1 US Freeskiing Open, Vail Mountain
7 Mogul Mania, Vail Mountain
13 Bridge Street Jam Finals. Vail Village
18 Budweiser Free Street Beat Concert, Vail Village
19 Vail Style Snow Show
20-24 1St Annual Mardi Gras Celebration, Vail Mountain and Vail Village
~21 Mountain Dew Vertical Challenge, Vail Mountain
25 Budweiser Free Street Beat Concert, Vail Village
28 Mogul Mania, Vail Mountain
Thurs. Adventure Speaker Series, Town of Vail Library
1-7 United States Disabled Alpine Ski Team Nationals, Vail Mountain
5 Redwing Exhibition Hockey
6 Mogul AAania, Vail Mountain
13 Vail Jam/Rail Jam, Dobson Arena
19 or 21: Family Camivai at Dobson Arena
17-21 American Ski Classic. Vail Mountain
27 Mogul Mania, Vail Mountain
h1AARC~I
V1/ed. Budweiser Free Street Beat Concert Series, Vail Village
APRiL
1 /20/2004 Page 2 of 3 04Events
1-4 Vail Film Festival. Vail Village and Vail Mountain
3 Snowshoe Shuffle, Vail Mountain
7 Budweiser Free Street Beat Concert, Vail Village
7-10 2004 Taste of Vail, Vail and Vail Mountain
8-10 Sipring Back to Vail End-of-Season Party. Vail Mountain
14 Budweiser Free Street Beat Concert, Vail Village
15-17 Sipring Back to Vail End-of-Season Party, Vail Mountain
16 Casino Night
18 Vail Mountain Closes for Season
MAY
JUNE
3-6 The Teva Mountain Games, Vail Village
15 Budweiser Hot Summer Nights Concert, Ford Amphitheater
16-27 Vail Junior Lacrosse Toumament, Ford Park
18-20 Kina of the Mountain Volleyball Tournament
20 Vail Farmers' Market, Meadow Drive
21 Summer Reading Festival, Town of Vail Library
22 Budweiser Hot Summer Nights Concert, Ford Amphitheater
25- 8/29 Friday. Saturday. Sunday Street Entertainment in Lionshead and Vail Village
25-27 Vail Arts Festival. Lionshead
26 Biq Wheel, Brews `n Chili, Vail Village
27 Vail Farmers' Market, Meadow Drive
27 Jazz at the Farmer's Market
27, 28 Bravo! Vail Valley Music Festival- Rochester Philharmonic, Ford Amphitheater
26-July 4 Vail Lacrosse Shootout, Ford Park
28 Summer Reading Festival, Town of Vail Library
29 Budweiser Hot Summer Nights Concert, Ford Amphitheater
30 Bravo! Vaif Valley Music Festival- Rochester Philharmonic, Ford Amphitheater
JULY
Fri, Sat, Sun Street Entertainment in Lionshead and Vail Village
Sat. Vail Art and Wine Faire, TBA in Vail Village
Sun. Vail Farmers' Market, Meadow Drive
Sun. Jazz at the Farmer's Market
Mon. Summer Reading Festival, Town of Vail Library
1-4 Vail Lacrosse Shootout, Ford ParK
2 Bravo! Vail Valley Music Festival- Rochester Philharmonic, Ford Amphitheater
4 Vail America Davs, Vail Village and Lionshead
4 Vail HiIlClimb Running Race, Vail Mountain
4 Bravo! Vail Valley Music Festival- Free Patriotic Concert, Ford Amphitheater
4 Book Sale, Town of Vail Library
6 Budweiser Hot Summer Nights Concert, Ford Amphitheater
9-11 Bravo! Vail Valley Music Festival- Dallas Symphony Orchestra, Ford Amphitheater
13 Budweiser Hot Summer Nights Concert, Ford Amphitheater
14-17 Bravo! Vai! Valley Music Festival- Dallas Symphony Orchestra, Ford Amphitheater
20 Budweiser Hot Summer Nights Concert, Ford Amphitheater
23-25 Bravo! Vail Valley Music Festival- New York Philharmonic, Ford Amphitheater
24-25 Vail Summer Sports Fest, Vail Village and Lionshead
27 Budweiser Hot Summer Nights Concert, Ford Amphitheater
~~
1 /20/2004 Page 3 of 3 04Events
28-30 Bravo! Vail Valley Music Festival-1Vew York Philharmonic, Ford Amphitheater
A9JGDST
Fri. Sat. Sun Street Entertainment in Lionshead and Vail Village
Sun. Vail Farmers' Market, Meadow Drive
Sun. Jazz at the Farmer's Market
6-8 Got Milk? 3x3 Soccer Tournament, Ford Park
6-15 Vail International Dance Festival, Ford Amphitheater
7 Vail Art and Wine Faire. TBA in Vail Village
7 Summer Reading Festival Finale, Town of Vail Library
14 Vail Art and Wine Faire, TBA in Vait Village
14 Rotary Duck Race
21 25T" Anniversary Volksmarch
27-29 Sustainable Summit, Vail (?)
SEPTEAABER
Sun. Vail Farmers' Market, Meadow Drive
3-6 Vail Jazz Party, Vail Cascade Resort and Spa
3-5 Rocky Mountain Classic at Vail, International Pro Cycling Tour
10-12 Oktoberfest. Lionshead
11 Brett Malin Memorial Bicycle Ride: Leadville Loop
18-19 Oktoberfest. Vai! Village
19 Vail Mountain School Home Tour, Vail
24-25 Outward Bound Relay
®CT®BIER
29-30 Ski Club Vail's Annual Ski Swap, Dobson Ice Arena
31 Trick or Treat Trot, Vail Village and Lionshead
N®VEAAI3ER
26-December 31 Holidays in Vail
®ECEf1ABER
31 °Y05" Drug/Alcohol Free Itiew Year's Eve for Youth
Events are subject to change. Call 970-479-1385 for details.
i
~®wn ®f Val
(~®rnrnissi®n ®n Special Events
§~ u~rt~~° ~e~® ~® Val T®wn C®uncilo Januai°y 20~ 2004
~ Stp°agegie Mane ~a~ffiunary
l~'u~adanaentaIl Phni®s®phg~o
Special Events contribute to visitor satisfaction and increase spending
° Cooperation with the Mail Local Mazketing District to align the tazget
mazket:
o `1L1VV1I~ attracts visitors to Mail
o CSE entices them to return
I~~i®a-itiese
Ensure that visitors leave Mail with the intention to "definitely return."
To attract new and current events that have a lazge number of participants
who will return year after year
To be an advocate for selected icon events that are attracted and funded by ,
others. (i.e. World Alpine Ski Championships, International Pro Bicycle
Tour)
ZCactacse
° Attract and fund only those events that support this strategy
° Secure a single point of contact for event.producers
° Establish cleaz coordination channels with the ilLll~
lEvaluata®ana
° Did every event increase `fail's economic performance?
° Are event investments being fully leveraged to increase sales and
mazketing reseazch?
° Are we consistently achieving more impact with public resources?
~'y}~es ®ff lEdentkso
° ~c®no "A/Iega" events, occurring infrequently and requiring extensive
community and volunteer involvement. CSE Role: Advocacy
° llnarrtieipa~ate Events characterized by a lazge participant base. CSE Role:
Recruitment, facilitation and site improvement
° A~bi~ente Locally produced events designed to enhance the experience of
existing guests, increase their intent to return and increase visitor
spending. CSE Role: Seed funding and promotion
Report 040120 CSE: Report to Council Page 1 of 3
- Successes:
o "Single Point of Contact" established for Special Events
o Criteria for event funding adopted:
^ Potential for positive economic impact to the retail, restaurant and
lodging sectors of the community
^ Alignment with the target market as defined by the VLMD
^ Experience and Qualifications of the event producer
^ Opportunity to leverage funding with sponsorships and/or media
exposure so as to "stretch" the impact of the CSE's contribution
^ The event is proposed for a time of year that supports the CSE's
goal of ensuring a calendar of events that will stimulate the local
business economy throughout the year
^ Contribution to Sense of Community
o $494K allocated to 17 events in 2003
o Applications submitted for $732K for events in 2004/ multiple
applications received for the same event
o $489K allocated for 22 events in 2004
o Special Events Info on Town of Vail Web site: www.vail~ov.com,
select either "Doing Business," "Visiting," or "Governing," then click
on "Special Events.
- Opportunities for Improvement:
o Partnership with the VLMD
o Move toward more events becoming self-funding and continue to seek
out additional new events: $35,000 allocated for event recruitment in '04
Last year's efforts have yielded:
^ Triple Crown Softball: 2004-2005 Regional Championships
^ Pro-Cycling Tour: Rocky Mountain Classic
^ In the works:
~ 2005-2006 US National Triathlon Championships
a 2004 ESPN Regional Fly Fishing Championships
u 2005 AAU Cross Country Western Regional
Championships
o Develop contracts further ensure accountability and protection ffor
event funds received.
o Event Evaluation: $16,000 allocated to survey 8 CSE funded events in
'04 in order to get a measurement on how the CSE's allocations to events
benefit the Town.
o Communication:
^ Special Events "SNAPSHOT"
^ Calendar: "Happenings" signs and online- get people to use it!
Report 040120 CSE: Report to Council Page 2 of 3
~ Worl~s in Progresso
o `Special I+Jvent SFt~S~I®'I'~' Subscriber list
o Special IEvent ~ermita Improve clarity and filing procedure and
facilitate ability to determine event's compliance
o cContirmue to seep addational venues for Special Events and ®vorl~ with
the To~rm, ~VIaI and the community to improve the viability of ezisting
venues.
~ }fending Issuese
o Economic Development "I.Tmbrella'~
o IIo~ can ~e attract and fund more Icon events
o In-l~iffid co~atributions
o ~Iestfest°?
o SSE Founding ®rdinances )3oard member qualifications
Report 040120 CSE: Report to Council Page 3 of 3
~~~
.~
~' /
v
Town of Vail
Commission on Special Events: 2004 Funding Allocations
Year 2003 Year 2004 Year 2004
Funds Available: $565,000 $565,000 $565,000
Rollover from 2003 $11,026 $11,026
Total Funds Available in 2004: $576,026 $576,026
Event: Dates:
(month/datetyr) 2003 Funds
Allocated: 2004 Funds
Requested: 2004 Funds
Awarded:
3 on 3 Soccer 8/6-8/04 $27,655 $25,000 $25,000
Lacrosse Shootout 6/28-7/04/04 $14,000 $10,000 $10,000
Teva Mountain Games 6/3-6/04 $75,000 $75,000 $65,000
Oktobertest/Highline Sports 9/10-12 8~ 9/18-19/04 $0 $65,000 $60,000
America Days* (WCTB in '03) 07/04/04 $25,000 $25,000 $25,000
Vail Film Festival 4/1-4/04 $20,000 $75,000 $40,000
American Ski Classic 3/19-21/04 $25,000 $30,000 $20,000
Oktoberfest* (WCTB in'03) 9/10-19/04 $65,000 $75,000 $0
Vail Arts Festival 6/25-27/04 $15,000 $25,000 $15,000
Taste of Vail 4R-10/04 $0 $30,000 $5,000
The Session 1/14-18/04 $20,000 $25,000 $20,000
Big Wheel, Brews 'n Chili 06/26/04 $30,000 $30,000 $26,400
Spring Back to Vail 4/8-10 8~ 4/15-17104 $32,500 $50,000 $40,000
Vail Ja~2 Festival 6/27-9/26/04 $0 $30,000 $9,000
Holida s in Vail* (WCTB in'03) 11/26-12/31/04 $20,000 $25,000 $20,000
Vail Art and Wine Faire 6/26-8/14/04 Sats. $0 $20,000 $14,000
Street Entertainment 6/25-8/29/04 $47,000 $68,500 $55,000
King of the Mountain Volle ball 6/18-20/04 $7,500 $12,000 $7,500
MRA S~/mposium 6113-19/05 $0 $10,000 $0
Leadville Loo Memorial Ride 09/11/04 $0 $6,000 $3,000
Vail S le Snow Show 2/19/04 $0 $2,500 $1,500
Brid a Street Jam 2/13/04 $0 $1,700 $1,500
Sustainable Summit 8/27-8/29/04 $0 $5,000 $0
Vail Tipoff Classic 7/30-8/01/04 $0 $5,000 $0
FamilyCamival 4/9/04 $0 $1,500 $1,500
"Y05" New Year's Eve for Youth 12/31/04 $4,800 $5,000 $5,000
Vail Festival Italiano $15,000 $0
Vail Wine and Food Festival $50,000 $0
Subtotal: Event Funds $493,455 $732,200 $469,400
Administrative Contracts:
Administratrve Services $25,000 $33,500 $33,350
Event Recruitrnent *$15,000 contingent
on performance $35,000 $40,000 $35,000
Research/Event Evaluation $20,000 $16,000
Miscellaneous Ex nses $519
Subfota/.~ Administrative Contracts $60,519 $93,500 $84,350
TOTAL ALLOCATIONS: $553,974 $825,700 $553,750
FUNDSREMAlNING: $11,026 -$249,674 $22,276
2004 Funding Allocations
CSE/sn 1/20/2004