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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. 1 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. 3 • 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. 5 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. 6 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. 7 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.) 9 • 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