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HomeMy WebLinkAbout2009-05-19 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., MAY 19, 2009 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. Public comments on work session item may be solicited by the Town Council 1. ITEM/TOPIC: Citizen Input. (15 min.) 2. ITEM/TOPIC: Eagle County Assessor Update. (15 min.) PRESENTER(S): Mark Chapin, Eagle County Assessor 3. ITEM/TOPIC: Town Manager's Report. (15 min.) PRESENTER(S): Stan Zemler 4. ITEM/TOPIC: Consent Agenda. (5 min.) ACTION REQUESTED OF COUNCIL: a. Approve 04.07.09 04.21.09 Town Council Minutes. 5 ITEM/TOPIC: Presentation on the Sustainable Design Assesmment Team (SDAT) grant award and process in the Eagle River Valley. (25 min) PRESENTER(S): Chris Green, AIA, Colorado West Kristen Bertuglia ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council support and participate in the Sustainable Design Assessment Team review process, and consider recommendations when results of the Assessment are presented in September 2009. BACKGROUND: The Colorado West Chapter of the American Institute of Architects (AIA) has received a grant in the amount of $15,000 from the AIA National division for a Sustainable Design Assessment Team (SDAT) review of the EagleRiverValley. The study area includes East Vail to Dotsero, Minturn, Red Cliff and the metro districts of Beaver Creek, Bachelor Gulch, and Cordillera. Kristen Bertuglia, Town of Vail, serves on the Steering Committee for the SDAT, and will assist with coordinating municipal leaders' participation to option feedback throughout the process. The University of Colorado's Center for Sustainable Urbanism will assist with follow up on the implementation of results of the SDAT team's efforts. The SDAT program focuses on the importance of developing sustainable communities through design. The mission of the SDAT program is to provide technical assistance and process expertise to help communities develop a vision and framework for a sustainable future. STAFF RECOMMENDATION: Staff requests that the Vail Town Council listen to the presentation provided by Chris Green, AIA Colorado West, and provide feedback and suggestions on the SDAT process. 6. ITEM/TOPIC: First reading of Ordinance No.7, Series 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, and amending Special Development District No. 39, Crossroads, and setting forth details in regard thereto. The applicant may request a tabling to the May 19, 2009, Town Council public hearing. (30 min.) PRESENTER(S): Warren Campbell Mauriello Planning Group ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 7, Series of 2009, on first reading. BACKGROUND: On March 9, 2009, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 77 to 78 dwelling units. Upon review of the request, the Planning and Environmental Commission voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the request to the Vail Town Council. On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. On April 21, 2009, the Town Council tabled this item to the May 19, 2009, public hearing. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Ordinance No. 7, Series of 2009, on first reading. 7. ITEM/TOPIC: First reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. First reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (45 min.) PRESENTER(S): Bill Gibson ACTION REQUESTED OF COUNCIL: Approve, approve with modificaitons, or deny Ordinance No. 13, Series of 2009, on first reading. BACKGROUND: The Planning and Environmental Commission held public hearings to discuss this request on April 27 and May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval. STAFF RECOMMENDATION: The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for this amendment to a special development district, and setting forth details in regard thereto. 8. ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2009 adopting a major amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009) (15 min.) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 10, Series of 2009 on second reading. BACKGROUND: On May 5, 2009 the Vail Town Council approved Ordinance No. 10, Series of 2009 on first reading, by a vote of 6-0-0, based on criteria and findings in Section VII of Staff's April 13, 2009 memorandum to the PEC, and evidence and testimony presented. STAFF RECOMMENDATION: On April 13, 2009 the Planning and Environmental Commission (PEC) forwarded a recommendation of approval, with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009, by a vote of 4-0-1 (Kjesbo recused). 9. ITEM/TOPIC: Second reading of Ordinance No. 11, Series of 2009, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail, and setting forth details in regard thereto. (10 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2009, upon second reading. BACKGROUND: The applicant, the Vail Valley Foundation, applied for a prescribed regulations amendment to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the use of large banners on buildings under construction to advertise community events. On April 13, 2009, the Town of Vail Planning and Environmental Commission failed to pass a motion for a recommendation of approval to the Vail Town Council (2-3-0, Kjesbo, Kurz, Lindall opposed). Failure to pass a motion for a recommendation of approval is by default a recommendation of denial to the Vail Town Council. On May 5, 2009, the Vail Town Council unanimously approved Ordinance No. 11, Series of 2009 (6-0-0) with the following changes, which are reflected in the ordinance language: 1. Maximum of five signs within the Town of Vail at any time 2. One sign per building 3. Ninety (90) day maximum per sign 4. Sign removal maximum seven (7) days after event completion 5. Ordinance expires on September 30, 2009 10. ITEM/TOPIC: Resolution No. 14, a resolution approving the increased fees in the provision of fire protection services out of town limits; and setting forth details in regard thereto. (5 min.) PRESENTER(S): Judy Camp Mike McGee ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 14 increasing the fees charged for fire protection services outside of town limits. No formal action is required on other fees, which are presented for Town Council's review before implementation. BACKGROUND: Town Council has asked for a review of fees charged for town services to assure the town's costs are recovered. Fees currently charged do not recover the town's costs. The proposed fee schedule increases fees to a level appropriate for 2009. STAFF RECOMMENDATION: Approve Resolution No. 14 as presented. 11. ITEM/TOPIC: Resolution No. 15, Series of 2009, a resolution adopting an amended budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2009 through December 21, 2009. (10 min.) PRESENTER(S): Kathleen Halloran Kelli McDonald ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution No. 15, Series of 2009, adjusting the 2009 Vail Local Marketing District Budget. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that Town Council approves or approves with amendments Resolution No. 15, Series of 2009 12. ITEM/TOPIC: Discussion of Resolution No. 16, Series of 2009, a Resolution Approving the Increase in the Fee Schedule for Vail Fire Emergency Services; and Setting forth Details in Regard Thereto. (5 min. PRESENTER(S): Judy Camp Mike McGee ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 16 increasing the fee schedule for Vail Fire and Emergency services. BACKGROUND: The Town has adopted the International Fire Code (the "Fire Code") under Title 10 of the Town of Vail Municipal Code. The Fire Code provides that a fee be paid for each permit in accordance with the schedule as established by the appicable governing authority. Periodically such fees should be adjusted to reflect the cost of the provisions of such services and to compensate for inflation. STAFF RECOMMENDATION: Approve Resolution No. 16, Series of 2009. 13. ITEM/TOPIC: Adjournment. (9:15 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, JUNE 2, IN THE VAIL TOWN COUNCIL CHAMBERS. e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Eagle County Assessor Update. PRESENTER(S): Mark Chapin, Eagle County Assessor e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Town Manager's Report. PRESENTER(S): Stan Zemler e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Consent Agenda. ACTION REQUESTED OF COUNCIL: a. Approve 04.07.09 04.21.09 Town Council Minutes. ATTAC H M ENTS 04.07.09 Town Council Minutes 04.21.09 Town Council Minutes Vail Town Council Meeting Minutes Tuesday, April 21, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Mark Gordon Kevin Foley Margaret Rogers Andy Daly Farrow Hitt Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. Vail Chamber Business Association Director Richard TenBraak introduced himself to the Council and said he would be willing to help Council in any way. The second item on the agenda was the Town Manager's Report. Revenue Update. Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax returns are received for the month of February, collections for the month are expected to be $2,578,575, down 16% from February, 2008, and 10.4% down from the 2009 budget. The ski season so far (Nov Feb) is down 11.3% from last ski season. Inflation as measured by the consumer price index was flat, or .2% for the month of February compared to prior year. Use tax collections as of March 31, 2009, total $22,889, a 23% decrease from this time last year. Full year 2008 collections totaled $608,483. Construction permit revenue through March 31 totals $172,584, down 56% from 2008, which is currently pacing with the 2009 budget. The decrease in activity from the prior year was due to major redevelopment projects underway in 2008. Major redevelopment projects so far this year make up 76% of the total. Revenue from non-major projects is down 51 from 2008. RETT collections through March 31, 2009, total $639,175. This amount is a 67% decrease from last year due to both major and non-major redevelopment projects. The 2009 budget currently assumes a 31 decrease in annual revenues. At this time last year, the town collected over $1.1 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year-to-date 2009 has seen limited sales from major redevelopment projects and is down 75%. Collections not related to major projects year-to-date are 23% down from this time last year. Year-to-date daily sales (from the parking structures) total $3.1 1 �-�-1 million, up 19% from the first three months of 2008. Parking transactions are flat with 2008. The third item on the agenda was the Consent Agenda. a. Approval of 03.03.09 03.17.09 Vail Town Council Minutes. Hitt moved to approve the minutes without amendments with Foley seconding. The motion passed unanimously, 7-0. The fourth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the extension of an existing temporary business office conditional use permit, located at 450 East LionsHead Circle (Treetops Building)/Lot 6, Vail LionsHead Filing 1 Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused himself from the item. Planner Bill Gibson then explained that on March 17, 2009, Council called up the PEC's decision by a vote of 3-2-1 (Daly and Rogers opposed, Gordon recused). The applicant's legal representative Ross Davis asked Council to approve the extension as the space had not been a successful retail location and the applicant's tenant had made substantial improvements to the building. Newbury emphasized, "Why should Vail Resorts get special privilege Why should they be different than anyone else?" Hitt said in light of the present economic downturn it would be prudent to maintain the location as a temporary office space. Hitt moved to uphold the decision of the PEC with Rogers seconding. Vail Resorts representative Chris Jarnot said if the appeal were not approved Vail Resorts staff would spread staff presently located at the TreeTops building into locations throughout Avon and Vail potentially dislocating local business. Rogers said she felt it was important to maintain vitality in LionsHead. Foley said it was perturbing that it has taken so long for Vail Resorts to make good their Arrabelle at Vail Square development improvement agreements. "The community expected a lot more from Vail Resorts in terms doing what they said they would do." Cleveland said he thought it was in the best interest of the community to keep Vail Resorts in town. The motion passed 5-1 with Newbury opposed. Newbury explained she did not believe seven years in one location should be considered temporary. The fifth item on the agenda was consideration of an extension to Conditions 1 and 2 of the North Day Lot Major Exterior Alteration conditions of approval. Town Attorney Matt Mire asked Council if they would consider a motion to extend the deadline from April 7 to April 21S on Conditions 1 and 2 of the North Day Lot Major Exterior Alteration conditions of approval. Mire explained, "The town has given requisite Major Exterior Alteration development plan approvals for developing the North Day Lot as a multi-family residential project with employee housing units, together with site and other ancillary or related improvements. Such approvals were rendered by the town's PEC on February 9, 2009 (with modified conditions adopted by Council on March 3, 2009), and the DRB on February 18, 2009. The Approved Development Plans provide for a relocation of the Skier Drop-Off Area. The conditions that the extension is being requested for are as follows: 1. The developer shall submit a permanent easement for the public skier drop-off, in 2 4_�_? a form satisfactory to the town, which establishes the extent, rights, and privileges associated with the permanent nine-space, public skier drop off, for review and approval by no later than April 7, 2009. 2. The developer shall submit a permanent easement for the potential South Frontage Road access point into the site, in a form satisfactory to the town, as depicted on Sheet C1.01, dated January 30, 2009, for review and approval by no later than April 7, 2009. Due to a predetermined conflict of interest (Vail Resorts Affiliation) Gordon recused himself from the item and left the Council Chambers. Newbury moved to extend the deadline to May 5 with Daly seconding. The motion passed unanimously, 6-0. The sixth item on the agenda was the consideration of an extension to the Development Improvement Agreement by and between the Town of Vail and OHP Vail One, LLC for the redevelopment of the LionsHead Parking Structure. Mire asked Council to consider a motion to either grant or deny a ninety (90) day extension to the current Development Improvement Agreement (DIA) between the parties. The town and Open Hillwood Partners (OHP) entered into a DIA on October 16, 2007 for the redevelopment of the LionsHead Parking Structure (LHPS). The agreement set forth the rights and obligations of the parties with respect to the proposed mixed use development, including timeframes, deadlines and target dates for the completion of certain tasks. Pursuant to the terms of the agreement, the project plan was required to be submitted by the developer for consideration by Council on or before March 15, 2008. Thereafter, the OHP requested and was granted an extension of time, to the permitted contract date of September 15, 2008, for review of the Project Plan. The amendment approved in September of 2008, provides that if the deed restriction agreement had not been executed by March 17, 2009, the agreement shall immediately terminate, unless such target date is extended. The developer submitted a request for extension until June 15, 2009. The Council took formal action on this item and approved a motion to table this decision at the regular evening meeting on March 17, 2009. Mire said having the deed restriction removed did not seem like a likely situation. He then recommended Council terminate the terms of the original agreement made in 2007. OHP representative Mark Masinter said he did not want the LHPS to be encumbered by the original agreement. Rogers said it was not fair to burden the property if the redevelopment of the property was not, "Reasonably coming down the road." Masinter said he was confident his capital partner maintained a significant amount of wealth. Daly said it was not prudent to continue to encumber the property. "I would like to have the ability to build this when the time is right." Masinter responded, "I don't think I should be kicked to the curb for what is happening in a macro environment." Gordon said the project was something the community overwhelmingly bought into." Gordon then emphasized, "We need to keep the process honest, open and transparent. Gordon then moved to approve the extension of the agreement with Hitt seconding. Cleveland said he was in favor of completely refashioning an agreement and starting from scratch. He then asked for annual compensation for OHP's right to encumber the town. Hitt commented, "Lets get some sort of agreement in place Masinter has done everything the Council or community has asked of him." During a pause for public comment, local hotelier Rob Levine spoke in agreement of Hitt's comments. Former Vail Council Member Greg Moffet stated, "OHP has been a paragon of good faith The last thing you want to do in this economy is hang a`closed' sign on this town." Rogers said the "devil's going to be in the details" if the new agreement gets done. The motion passed 6-1, with Daly opposed. The matter will be seen again by Council during the second meeting in June. 3 4-1-3 The seventh item on the agenda was the first reading of Ordinance No. 9, Series of 2009, an Ordinance Amending Title 1, Administration, Vail Town Code by the Addition if a New Section, "Restitution Orders" to Chapter 4, General Penalty. Mire explained the Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had. The victim of a crime is entitled to be compensated for his/her losses and hereby finds that it is in the best interest of the citizens of the town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. Newbury moved to approve the ordinance with Rogers seconding. The motion passed unanimously, 7-0. The eighth item on the agenda was Resolution No. 9, Series of 2009, A Resolution to Establish the 2009 Employee Housing Fee-in-Lieu for Commercial Linkage and Inclusionary Zoning. On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, establishing Chapter 23, Commercial Linkage, and Chapter 24, Inclusionary Zoning, Vail Town Code. In accordance with Sections 12-23-5 and 12-24-6, the fee-in-lieu for each employee to be housed and for each square foot of employee housing required shall be established annually by resolution of the Vail Town Council. For 2009, the fee-in-lieu per employee to be housed is $329,206 and $398.65 per square foot. Rogers moved to approve the resolution with Gordon seconding. Daly asked to create some predictability in the resolution and suggested using a three year moving average for the median price per square foot for Vail's real estate. Rogers said she thought the formula would give developers the encouragement to build housing themselves as opposed to the town having to provide it. The motion passed, 7-0. Zemler explained Colorado Senator Mark Udall would be speaking in Vail the next afternoon. He then suggested Udall might mention some recent legislation concerning approved uses of leased United States Forest Service ski areas. He recommended Council not comment but rather allow the Colorado Association of Ski Towns (CAST) comment jointly. Vail Resorts representative Chris Jarnot said Vail Resorts was in favor of the bill that was introduced. "The legislation that is currently in place really doesn't allow for snowboarding...This is an opportunity to consider different types of activities particularly during the summer This is a great step toward adding new great activities on forest service land." Council agreed to follow Zemler's recommendation. The ninth item on the agenda was Adjournment. Newbury moved to adjourn at approximately 7:20 p.m. with Hitt seconding. The motion passed unanimously, 7-0. Dick Cleveland, Mayor 4 4-1-4 ATTEST: Lorelei Donaldson, Town Clerk s 4-1-5 Vail Town Council Meeting Minutes Tuesday, April 21, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Mark Gordon Kevin Foley Margaret Rogers Andy Daly Not present: Farrow Hitt Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. There was none. The second item on the agenda was the Town Manager's Report. Nothing was reported. The third item on the agenda was the Planning Environmental Commission (PEC)/Design Review Board (DRB) Update. During a review of the most recent meetings of the PEC and DRB, Chief of Planning Warren Campbell answered questions regarding the latest proposals to go before the two boards. No items were discussed in detail. The fourth item on the agenda was the Information Update. Nothing was reported. The fifth item on the agenda was Matters from Mayor Council. Council made comments earlier in the day. The sixth item on the agenda was the First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, and amending Special Development District (SDD) No. 39, Crossroads. On March 9, 2009, the PEC held a public hearing on a request for a major amendment to SDD No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 77 to 78 dwelling units. Upon review 1 4-2-1 of the request, the PEC voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the request to Council. On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. The PEC recommended Council approves Ordinance No. 7, Series of 2009, on first reading. Staff did not support another tabling of this application. Gordon moved to table the item until May 19, with Foley seconding. The motion passed unanimously, 5-0. The seventh item on the agenda was the First reading of Ordinance No. 8, Series of 2009, An Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, Heavy Equipment Fund and Debt Service Fund of the 2009 Budget for the Town of Vail, Colorado. Town Manager Stan Zemler asked Council to approve the ordinance knowing he would return at second reading with a summary of the town's commitments and proposed projects. Gordon moved to pass the ordinance with Daly seconding. The motion passed unanimously, 5-0. The eighth item on the agenda was the Second Reading of Ordinance No. 9, Series of 2009, an Ordinance Amending Title 1, Administration, Vail Town Code by the Addition if a New Section, "Restitution Orders" to Chapter 4, General Penalty. The Vail Municipal Court requires the ability to impose restitution in criminal actions where a defendant has been adjudged guilty for violating an ordinance of the Town for any actual damage or loss caused by the offense or infraction for which the conviction or judgment of liability was had. The victim of a crime are entitled to be compensated for their losses and hereby finds that it is in the best interest of the citizens of the Town to revise the Town Code by amending Title 1 with the addition of a new subsection, "Restitution Orders" to Chapter 4, General Penalty. Rogers moved to approve the ordinance with Daly seconding. The motion passed unanimously, 5-0. The ninth item on the agenda was the Review of the proposed South Frontage Road Relocation Application (Ever Vail). Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused himself item and left the Council Chambers. The Vail Resorts Development Company (VRDC) is proposing to realign the South Frontage Road. As this road is owned and operated by the Federal Highway Administration (FHWA) via CDOT, the relocation must be approved by CDOT/FHWA. According to adopted CDOT application policies and procedures, the relocation application must be submitted by the town as the local government agency. All costs associated with the application and its review will be reimbursed to the town or paid directly by VRDC. Staff emphasized that an endorsement of the South Frontage Road relocation application submittal was not an approval of a development plan to construct the road and was only an acknowledgment of preliminary acceptance of the design drawings. Vail Resorts representative Tom Miller provided an overview of the proposal. During a pause for public comment John Moore spoke in support of the road's realignment. Daly clarified approval of the request was not approval for the Arrabelle Project. Daly moved to approve the application with Rogers seconding. The motion passed 3-1, with Foley voting against. Foley encouraged not allowing any further Vail Resorts projects to proceed until commitments from the Arrabelle at Vail Square Development Improvement Agreement are fulfilled. 2 �_2_� The tenth item on the agenda was Resolution No. 10, Series 2009, a resolution approving an Intergovernmental Agreement (an "IGA") between the Town of Vail, Colorado and the Colorado Department of Transportation ("CDOT") regarding the design of the relocation of the Vail Interstate 70 Frontage Road from Milepost 174 to Milepost 176 as part of what is referred to as the "Ever Vail" project. Due to a predetermined conflict of interest (Vail Resorts affiliation) Gordon recused himself and left the Council Chambers. As part of the Ever Vail project the town and CDOT will consider an initial design for the relocation of the Vail I-70 Frontage Road from Milepost 174 to Milepost 176 referred to as the "Ever Vail" project. CDOT has estimated the total cost of the design review services that will be performed by CDOT pursuant to the IGA will be $20,000.00. The Vail Resorts Development Company (VRDC) will reimburse the town the full cost of any and all CDOT design review services provided. Rogers moved to approve the resolution with Daly seconding. The motion passed 3-1, with Foley opposed. The eleventh item on the agenda was Adjournment. Rogers moved to adjourn with Foley seconding at approximately 6:30 p.m. The motion passed unanimously, 5-0. The twelfth item on the agenda was Adjournment. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 3 4-2-3 e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Presentation on the Sustainable Design Assesmment Team (SDAT) grant award and process in the Eagle River Valley. PRESENTER(S): Chris Green, AIA, Colorado West Kristen Bertuglia ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council support and participate in the Sustainable Design Assessment Team review process, and consider recommendations when results of the Assessment are presented in September 2009. BACKGROUND: The Colorado West Chapter of the American Institute of Architects (AIA) has received a grant in the amount of $15,000 from the AIA National division for a Sustainable Design Assessment Team (SDAT) review of the EagleRiverValley. The study area includes East Vail to Dotsero, Minturn, Red Cliff and the metro districts of Beaver Creek, Bachelor Gulch, and Cordillera. Kristen Bertuglia, Town of Vail, serves on the Steering Committee for the SDAT, and will assist with coordinating municipal leaders' participation to option feedback throughout the process. The University of Colorado's Center for Sustainable Urbanism will assist with follow up on the implementation of results of the SDAT team's efforts. The SDAT program focuses on the importance of developing sustainable communities through design. The mission of the SDAT program is to provide technical assistance and process expertise to help communities develop a vision and framework for a sustainable future. STAFF RECOMMENDATION: Staff requests that the Vail Town Council listen to the presentation provided by Chris Green, AIA Colorado West, and provide feedback and suggestions on the SDAT process. ATTAC H M ENTS Town Council Memorandum MEMORANDUM To: Vail Town Council From: Community Development Department Date: May 19, 2009 Subject: An overview of the Sustainable Design Assessment Team (SDAT) process for the Eagle River Valley, provided by Chris Green, AIA Colorado West. I. BACKGROUND/RATIONALE The Colorado West Chapter of the American Institute of Architects (AIA) has received a grant in the amount of $15,000 from the AIA National division for a Sustainable Design Assessment Team (SDAT) review of the Eagle River Valley. The study area includes East Vail to Dotsero, Minturn, Red Cliff and the metro districts of Beaver Creek, Bachelor Gulch, and Cordillera. As part of the matching requirement for the grant, Kristen Bertuglia, Town of Vail, serves on the Steering Committee for the SDAT, and will assist with coordinating municipal leaders' participation to obtain feedback throughout the process, and the Town has pledged $1,000 along with other Eagle Valley communities. The University of Colorado's Center for Sustainable Urbanism will assist with follow up on the implementation of results of the SDAT team's efforts. The SDAT program focuses on the importance of developing sustainable communities through design. The mission of the SDAT program is to provide technical assistance and process expertise to help communities develop a vision and framework for a sustainable future. The study will occur in two initial phases providing opportunities to participate in this process: PHASE 1: Team Leader and Staff Visit June, 2009 A. Two day visit with SDAT team leader with discussions with key members of each participating community. 1. Review of sustainability efforts to date within the Eagle River Valley. 2. Review of existing conditions and characteristics of the valley. B. Identification of representatives from municipalities and key user groups to meet during this time to help develop the structure for the final SDAT team. PHASE 2: SDAT Team Charrette September, 2009 A. Four day charrette with SDAT team to include direct involvement with leaders and members of the study area. 1. Review of sustainability efforts within the study area. 2. Seek, listen and respond to community input-desires, goals, opportunities. 3. Develop report of conclusions to include listing of opportunities, policy suggestions, and possible directions B. Key user groups provide feedback and contribute to the final SDAT report. II. ACTION REQUESTED The AIA Colorado West seeks support of municipal leaders as well as community leaders within the study area, and active participation in the SDAT process. 1 s-�-1 e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: First reading of Ordinance No.7, Series 2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, and amending Special Development District No. 39, Crossroads, and setting forth details in regard thereto. The applicant may request a tabling to the May 19, 2009, Town Council public hearing. PRESENTER(S): Warren Campbell Mauriello Planning Group ACTION REQUESTED OF COUNCIL: Approve, modify, or deny Ordinance No. 7, Series of 2009, on first reading. BACKGROUND: On March 9, 2009, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 77 to 78 dwelling units. Upon review of the request, the Planning and Environmental Commission voted 6-1-0 (Pierce opposed) to forward a recommendation of approval of the request to the Vail Town Council. On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. On April 21, 2009, the Town Council tabled this item to the May 19, 2009, public hearing. STAFF RECOMMENDATION: Staff recommends that the Vail Town Council approves Ordinance No. 7, Series of 2009, on first reading. ATTAC H M ENTS Town Council Memo Ordinance No. 7, Series of 2009 Draft PEC memorandum March 9, 2009 Solaris Document Detailing the Major Amendment Reduced Set of Solaris Floor Plans MEMORANDUM TO: Town Council FROM: Community Development Department DATE: May 19, 2009 SUBJECT: First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a first reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, amending Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units. Staff has attached a copy of the draft Ordinance No. 7, Series of 2009, (Attachment A) and the staff inemorandum to the Planning and Environmental Commission dated March 9, 2009 (Attachment B). II. BACKGROUND On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval on the adoption of Ordinance No. 7, Series of 2009, by a vote of 6-1-0 (Pierce opposed). On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. On April 21, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the May 19, 2009, public hearing. III. ACTION REQUESTED OF COUNCIL The Vail Town Council shall approve, approve with modifications, or deny the first reading of Ordinance No. 7, Series of 2009. IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council approves, on first reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District 1 6-1-1 No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto. Should the Town Council choose to approve Ordinance No. 7, Series of 2009, on first reading, the Community Development Department recommends the Town Council makes the following findings: "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. That the proposed gross residential floor area of 174.4% of lot area, additional thirty-one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." V. ATTACHMENTS A. Ordinance No. 7, Series of 2009 B. Memorandum to the Planning and Environmental Commission dated March 9, 2009 2 ORDINANCE NO. 7 Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No. 7, Series 2009 6-2-1 District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated February 27, 2009, and stamped approved April 21, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restauranY' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 7, Series 2009 2 �_2_? E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- eight (78) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance forthe establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); Ordinance No. 7, Series 2009 3 6-2-3 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary Ordinance No. 7, Series 2009 4 6-2-4 certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses Ordinance No. 7, Series 2009 c 6-2-5 or phrases be declared invalid. Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of May, 2009, and a public hearing for second reading of this Ordinance set for the 2 nd day of June 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 7, Series 2009 6 6-2-6 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 9, 2009 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090003) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicants, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the applicant's request for a major amendment to Special Development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: An increase in the number of dwelling units from 77 to 78. A proposed deviation from the allowable number of dwelling units (47) which is 31 dwelling units greater; An increase in the proposed Gross Residential Floor Area (GRFA) from 198,859 square feet to 200,858 square feet. A proposed deviation from the allowable amount of GRFA (45,080 sq. ft.) which is 155,778 sq. ft. greater; and A decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. 1 6-3-1 A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No, 39, Crossroads, to allow for an increase from 77 to 78 dwellinq units dated revised March 2, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated February 27, 2009, (Attachment B) have been attached for reference. A draft of Ordinance No. 7, Series of 2009, containing the changes associated with the proposed major amendment proposal is attached for reference (Attachment C) Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units) and Gross Residential Floor Area (GRFA). III. BACKGROUND On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). On March 21, 2006, the Town Council on second reading of Ordinance No. 5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007, increasing the permitted number of dwelling units from 69 to 75 dwelling units. This ordinance also increased the number of employee beds to be provided from 12 to 22 beds. On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007, increasing the number of permitted dwelling units from 75 to 77 dwelling units. On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007, which established the managed parking plan for Solaris. On November 24, 2008, and January 12, 2009, the Planning and Environmental Commission upheld separate staff approved Minor Amendments to the SDD increasing the commercial square footage of the project by approximately 700 square feet. IV. ROLES OF REVIEWING BOARDS Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with 2 Ei_3_? conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Villaqe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan. Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger sca/e buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential forimprovements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is a/so a long term goa/ to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area 3 6-3-3 may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially /eave the sub-area "built ouY' #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration ofinfill may be done a numberof ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is a/so important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access a/so exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Town of Vail Zoninq Requlations Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service CenterDistrictis intended to ensure adequate light, air, open space, and otheramenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards that are currently approved are shown in bold text in the table below. The parameters that would change in conjunction with this major amendment request are shown in bold italics. Development Standard Allowed Proposed LotArea: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' 4 6-3-4 East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.5 units /acre 47.5 D.U.s 78 D.U.s GRFA: 46,051.6 sq. ft. 200,858 sq, ft. (40%) (174.4%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 Parking: 217 spaces 304 spaces (81 spaces approved to be in private parking club and 6 surplus public spcaes) VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design characterand quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goa/s of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements forguiding development and uses of property included in the Special Development District." 5 6-3-5 The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan complywith each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reqardinq Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 77 to 78 and the GRFA by 1,999 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure. There are no changes to the approved heights and setbacks of the structure. Staff believes the proposed amendments comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed how the GRFA being proposed within the project was less than possible development potential of the public plaza area in relation to the recommendations of the Vail Village Master Plan on height and density. The proposal to increase the number of dwelling units by one and GRFA by 1,999 square feet modestly affects the density per acre on the site. As this proposal is to convert a single retail space to residential within the approved bulk and mass Staff does not believe there is a negative impact to the surrounding properties with regard to density on the Solaris project with this amendment. During the initial review of the Solaris project there was a great deal of discussion centered on the uses and location of those uses within the project. There was initial concern about the location of retail on the second floor of the project and its viability as many places and studies have shown that it is difficult to draw pedestrians up to a second floor retail level. Through the review process the applicant provided evidence that the second floor retail could indeed be successful. Reasons given for the success were the are shape of the retail allowing for better visibility, the ability to control tenant mix and locate "anchors or big draws" on the second floor, the provision of a walkway on the second floor containing benches for pedestrians and areas for activity generation. The particular space proposed to be 6 6-3-6 converted was highlighted as a location where an establishment on the second floorwould have an outdoor patio which could be a food and beverage business with patrons sitting on the deck creating excitement and vitality on the second floor. The conversion of this space eliminates the possibility of provided for heightened activity on the second floor thus potentially being a draw to pedestrians to explore the second floor. However, throughout the Design Review process and the Building Permit review process changes were made and approved which made the proposed space potentially less viable to serve in the suggested manor. Those changes were the design of the stairs to reach the second floor retail in the south west corner of the site and its impacts to the walkway located in front of this retail space on the second floor. In refining the stair design to make them as inviting to pedestrians to go up to the second floor the walkway in front of this commercial space was cut back leaving it with eight feet of frontage on the pedestrian walkway. The proposed design does not convert the entirety of the retail space to residential. In order to provide all retail frontages on the second floorwalkway that portion of the space which had frontage on the walkway was added to the adjacent retail space. The proposed residential unit does not have any frontage on the second floor pedestrian walkway. Staff does have some concerns about the impact of this conversion from a retail space to a residential unit which may not generate as much "activity" on the patio which will be visible from both directions on Meadow Drive. In further review of the application staff identified within the adopted SDD No. 39, Crossroads, text restricting the conversion of tenant spaces as shown on the "Approved Development Plan" prohibiting the conversion of retail spaces to residential units. These portions of text have been underlined on pages 2 and 5 in the draft Ordinance No. 7, Series of 2009, attached (Attachment C) to this memorandum. Through this major amendment proposal the applicant is requesting approval of an amended "Approved Development Plan" which would convert one of the tenant spaces from retail to residential. If the proposed amendments are approved the text and condition found in the Ordinance do not need to change as the "Approved Development Plan" will no longer depict the converted space as retail. Employee Housing Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal presented to the Planning and Environmental Commission on January 23, 2006, for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. That analysis showed a net new generation of employees by the Crossroads project to be six (6) employee beds. In the most recent approval of Ordinance No. 21, Series of 2007, the Town Council required a total of 22 employee beds be provided off-site in conjunction with the Solaris project. The conversion of the proposed space from retail to residential does not generate an increase in the employee housing generation. This is due to the recent minor amendments which were approved to increase retail square footage by approximately 700 square feet and the rounding up of the beds to be provided in conjunction with those applications. Furthermore there is a lesser employee generation requirement for residential than retail resulting in a decrease in the requirement. A more detailed explanation can be found on page 5 of the applicant's request, which staff has reviewed and concurs with the findings. Staff believes that the proposal does comply with this criterion. 7 6-3-7 C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 217 spaces. The applicants are proposing to provide a total of 304 spaces, all of which are to be provided in the proposed underground parking structure. There are 87 additional parking spaces proposed to be constructed above and beyond that which is required. Of these additional parking spaces there are 81 proposed to be in a private parking club and the remaining six (6) the applicant is proposing will serve as additional public benefit. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 8 6-3-8 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Villaqe Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goa/ #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. 9 6-3-9 Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As the proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the landscaping and open spaces included in the Crossroads redevelopment. Furthermore the Design review Board provided their input on the refinement of these spaces. As this proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development d istri ct. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. 10 6-3-10 That the proposed gross residential f/oorarea of 174.4% of lot area, additional thirty- one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Centerzone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the characterof the neighborhood, and that the proposal substantially complies with otherapplicable elements ofthe Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicant's request, staff recommends that the draft Ordinance No. 7, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. Application for a Maior Amendment to Special Development District No, 39, Crossroads, to allow for an increasefrom 77 to 78 dwellinq units Dated revised March 2, 2009 B. Reduce plans of the proposal dated February 27, 2009 C. Draft of Ordinance No. 7, Series of 2009 11 6-3-11 ���,c��� °r pr S q 1 d- z .:.t A� :�''s� 1 y ti r z 4'"k ��e. r�ip"^,�--�/L�� �t'd' �y. r'Y �z 1 y i'rn i I� �S f�� F i .Fi �p.�T_, 4' `l w�� -s J ,.-.5. �,�r 1 �II �F R y T L ���1 i j F I t F I�.,j�� �.u-- Ti 6 r �IF„� 'x i� 'r j �N� -s r�' q l I IF K S 1� a L f I d� t fi .g i�b��� F�. �'iC r a i_ l p rr7 v y 9 4 p� a.� r�,,,,, d I rl� a� yl���ie y, :i� r p� r r i 4 r ,a� s ti iJ��FA i. .3a �-�i Z Application for a Major Amendment to Special Development District No. 39, Crossroads, to allow for an increase from 77 to 78 dwelling units January 2009 Revised March 2, 2009 Submitted by hAauriella Plannirwg Group 6-4-1 Owner and Consultant Directory Owner/Applicant: Peter Knobel Solaris Property Owner, LLC 221 1 North Frontage Road West Suite A Vail, CO 81657 Planning Mauriello Planning Group, LLC PO Box 1 127 Avon, CO 81620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY 1 1932 631-537-3555 Production Architect Davis Partnership 0225 Main Street, Unit C101 Edwards, CO 81632 970-926-8960 �_4_? I. Introduction We are requesting a major amendment to Special Development District No. 39, Solaris, to allow for the addition of a dwelling unit, increasing the approval from 77 dwelling units to 78 dwelling units. The application includes the conversion of 1,999 sq. ft. of area previously indicated as retail space into a 1,999 sq. ft. residential condominium. This retail space has been identified as a location that is not in a desirable location for retail as it is located at the far end of the promenade level (second floor) with limited exposure to the promenade walk (see Promenade Level Floor Plan below). Leasing this space to any retailer has been difficult as a result, and retailers have identified this space as problematic for commercial uses. Additionally, the proposed amendment will allow Solaris to continue to be a viable project during this period of economic hardship by converting a burdened retail area to a revenue producing residential space. I ,_-iJ�.rr�+� l I T-ti� u Y i� i rr i rt itETAIL 4 _��+�1�� 1� a ��I �L L *r��+t Limited exposure ���SL 71 RETA'� i7; to the retail 7 �r—' i +rL �+r promenade I' 1 i l i- T L r i 7 7� �Z� f j New residential condominium i I I I I i I��!li NEW FtE51�EN71AL i 1,998 S[�. FT. I��, I i i i It is important to note that various amendments have been reviewed and approved as we have continually improved and refined the retail experience. Based on input from potential retailers, there has been a general shifting of retail spaces, creating some smaller retail opportunities to compliment the larger retail spaces. In the approved minor amendment approved in December of 2008, nearly 700 sq. ft. of commercial space was added to the plaza level. The proposal will have little impact on revenues and vitality to the Town given the recent minor amendment which added retail on the first floor. The proposed change 2 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-3 actually reduces impacts to employee housing and parking. The applicant is proposing to provide 22 employee beds as a public benefit. In addition, the public benefit package for Solaris is extensive, and includes the following: Outdoor Ice Skating Rink for public skating in winter/water-recreation feature in the spring and summer months; New public plaza of '/2-acre (24,000 sq. ft.) in the heart of Town for public gatherings and events that occupies approximately 20� of the property controlled by the Town via a General Improvement District with guaranteed p�blic access; Public accessible restrooms at the pedestrian level; Approximately 70,000 sq. ft. of new high quality retail and restaurant space at the pedestrian level and one floor above, incl�ding a 3-screen state of the art movie theater and 10-lane bowling alley with a sports cafe/arcade; Relocated loading and delivery docks (Frontage Road access) with five bays available to adjacent properties; New streetscape and pedestrian improvements on all sides of site including landscape medians in the South Frontage Road; Buffering of I-70 highway noise from the pedestrian areas south of the project; $l.l million in public art; New heated sidewalks around the entire project; New raised landscape median in South Frontage Road; Reconstructed Village Center Road as a heated paver roadway; Reconstructed Willow Bridge Road and East Meadow Drive as a heated paver area; Off-site employee housing to accommodate 22 employees; Traffic impact fees to be paid to the Town to be used for Frontage Road improvements; Parking structure that is open to the general public for fee. In summary, this application is necessary and warranted to: Allow the Solaris project to move forward in a financially sustainable way Allow the project to maintain the high-end quality finishes and not reduce the quality to meet budgetary needs Recognize the net change in retail is minor in the overall context of the project Allow the project to maintain the high levels of public benefit despite the strains placed on it by the economy. Recognize the ineffectiveness of the retail space as currently planned 3 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-4 II. Detailed Project Description A. Residential and Commercial Floor Areas There is an increase in the approved gross residential floor area by 1,999 sq. ft. There is a corresponding reduction in retail by 1,999 sq. ft. The minor amendment approved in December of 2008, added 686 sq. ft. to the overall retail area, thus making the net change less significant. There are no changes to other uses on site. Below is a table indicating the current approval and the 2009 amendment proposal: Use Current Approvals Proposed 2009 Net Change Amendment Residential 198,859 sq. ft. 200,858 sq. ft. +1,999 sq. ft. Retail 34,536 sq. ft. 32,537 sq. ft. -1,999 sq. ft. B. Parking Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 304 parking spaces (above the previo�s 301) to allow more p�blic to park on the site. Due to this proposal, there is a surplus of parking on the site available to the public and which can be used to meet any future requirements. These extra six spaces are considered part of the public benefit of this proposal. Amendment Pro osed: of Units/Sq. Use Ft. Code Ratios Total Dwellin Units 78 1.4 109.2 Retail 32,537 0.0023 74.83 Theater seating 3,059 0.006060606 18.539 Restaurant seatin 5,61 1 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 227.704 5�o reduction 1 1.38 Net Required Parking 216.324 (217) Parking Provided 304 spaces Parking Club Parking 81 spaces Excess Parking 6 spaces C. Density Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 77 units to 78 units. The site is 2.643 acres. The current approval allows for 29.13 units per acre. The proposed increase to 78 units results in a proposed density of 29.5 dwelling units per acre. 4 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-5 D. Employee Housing Plan The original approval of Solaris was prior to the adoption of the current employee housing regulations. As a result, all previous housing requirements have been based on "beds" rather than the new requirements of either "employees generated" or "employee housing area (sq. ft.)". However, due to the increase in residential floor area and the decrease in retail floor area, a revised employee housing plan is required to be submitted with this major amendment application, based on the current requirements. The following calc�lations based on Chapters 23 and 24 have been provided for reference: Commercial Linkage: Use Increase/Decrease Calculation Employees Generated Retail 1,999 sq. ft. (2.4/1000 sq. ft) *.20 mitigation rate -.96 Inclusionary Requirement: Use Increase/Decrease Calculation Area (sq. ft.) Required Residential 1,999 sq. ft. *.10 mitigation rate 199.9 sq. ft. The conversion between the commercial linkage requirement and the inclusionary requirement generally equates to 350 sq. ft. per employee. Therefore, the commercial linkage equates to a reduction of 336 sq. ft. of employee housing requirement. With the inclusionary requirement of 199.9 sq. ft., the total housing requirement equals a net reduction in the employee housing requirement of 136 sq. ft. (or reduction of .39 employees.) The minor amendment approved on December 24, 2008, increased the employee housing requirement by .33 of an employee, making the current employee housing requirement for 22.33 beds. The applicant proposed 1 additional bed to meet this requirement, while maintaining the .67 employee credit to accommodate any future changes. As a result of this reduction of .39 employees, the additional .33 requirement is no longer necessary, and the total requirement now dips below the 22 beds originally required. In 2007, an amendment was approved (Ordinance 21, Series 2007) to the Solaris project. There was an overall reduction of parking available to commercial and parking club users. Parking dropped from 338 spaces to 298 spaces. The Town Co�ncil req�ired an additional 10 employee beds (total of 22 beds) to mitigate for the loss of "public benefit" in the number of parking spaces. Since this application results in a surplus of six parking spaces above and beyond the parking requirements, the 10 beds imposed on the project should be reduced accordingly. The six surplus spaces represent a 15� change which would reduce the additional 10 bed requirement to 8.5 beds, or a total requirement of 20.5. However, the applicant is proposing to provide a total of 22 beds as a public benefit to support this application. 5 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-6 III. Application Process Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads (Solaris), to facilitate the redevelopment of Crossroads. Ordinance No. 10, Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units. Ordinance No. 21, Series of 2007, again amended the Special Development District No. 39 to allow for 2 additional dwelling units. The addition of a dwelling unit is a major amendment to SDD #39. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEWJ: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this sectionJ, except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 OrdinanceJ", of this title. Ordinance 5, Series of 2006, also included a condition of approval regarding uses at Solaris. The language of the condition states the following: "...No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit..." This application proposed to maintain this language yet allowing for this amendment to be approved. The following is a list of the submittal requirements for a major SDD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the major amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners Submitted adjacent to the subject property Title Report Submitted Written approval Submitted A written statement addressing the following: Submitted a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlying zone district. A complete zoning analysis Submitted Stamped Topographic Survey Refer to the ori inal submittal no chan e Existing and Proposed Site and Grading Plans Refer to the ori inal submittal no chan e A Vicinity Plan Refer to the ori inal submittal no change A Landscape Plan Refer to the original submittal no change 6 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-7 A Roof Height Plan Refer to the original submittal no change Existing and Proposed Architectural Elevations Refer to the original submittal no change Existing and Proposed Architectural Floor Plans Submitted Sun/shade analysis Refer to the original submittal no change All plans must also be submitted in 8.5. x 1 1. reduced format. Submitted An Architectural or massing model Refer to the original submittal no change Photo overlays Refer to the original submittal no change Parking needs assessment and vehicular circulation analysis Submitted An Environmental Impact Report Refer to the original submittal no change 7 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-8 IV. Special Development District Standards and Criteria "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: There are no changes to the design of the proposed building as a result of this proposal. The proposed Solaris redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (1 /2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long contin�ous roof ridge running east west across the site which has 8 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-9 been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. The materials are of the highest quality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed amendment does not change this vibrancy along East Meadow Drive. The proposed amendment converts a second floor ara at the very end of the retail promenade. The area is secluded and will not operate well as a retail area due to the location and seclusion. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. In fact, a surplus of 6 spaces are being provided above and beyond the requirement for all uses on the site. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. 9 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-10 E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no nat�ral or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: There are no changes to the above-reference design features as a result of this proposal. The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed plan includes a large open plaza (nearly 20�0 of the area of the entire site). This 1/2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analysis: The proposed amendment has no impact on this criterion. The Solaris project has been designed to address three major issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long-standing goal of the Town is to remove loading and delivery entering the Solaris site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for a mixed-use facility. The loading dock also incl�des a trash facility for the 10 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-11 project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility c�e within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a porte cochere along the South Frontage Road for residential g�ests arriving at the site. The porte cochere will provide temporary pick- up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial uses are finalized. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for major roadway improvements due to the traffic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: There are no changes to the landscaping as a result of this proposal. The Solaris project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Solaris provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic q�ality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. 11 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-12 I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: There are no changes to the phasing of this project as a res�lt of the proposed major amendment. The project is proposed to be developed in one phase. 12 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-13 V. Adjacent Property Owners TOWN OF VAIL C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V CONDOMINIUM 75 S FRONTAGE RD ASSOCIATION VAIL, CO 81657 COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 HIBBERD, FRED, JR EDWARDS, CO 81632 400 NW RIDGE RD JACKSON, WY 83001 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION VAIL CORE CONDOMINIUM ASSOCIATION, INC. COLORADO REGISTRATION, INC VAIL TAX ACCOUNTING, INC. PO BOX 666 P O BOX 5940 VAIL, CO 81658 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM VILLAGE CENTER ASSOCIATION ASSOCIATION PO BOX 5968 COLORADO REGISTRATION, INC. VAIL, CO 81658 POST OFFICE BOX 666 VAIL, CO 81658 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR VAIL VILLAGE PLAZA CONDOMINIUM PHOENIX, AZ 85018 ASSOCIATION 143 E. MEADOW DRIVE NO. 360 TALISMAN CONDO ASSOC. C/O SLIFER MANAGEMENT CO W. THOMAS SAALFELD VAIL, CO 81657 62 E MEADOW DR VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SONNENALP PROPERTIES INC SALLY HANLON 20 VAIL RD 385 GORE CREEK DRIVE- NO. R-2 VAIL, CO 81657 VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM AUSTRIA HAUS CONDO ASSOC INC ASSOCIATION 242 E MEADOW DR. C/O ABPLANALP LAW OFFICE LLC, VAIL, CO 81657 POST OFFICE BOX 2800 VAIL, CO 81658, UNITED STATES ANN BISHOP VAIL VILLAGE INN PHASE III ASSOC VILLAGE INN PLAZA CONDOMINIUM PO BOX 820 ASSOCIATION VAIL, CO 81658 JOSEF STAUFER 100 E MEADOW DR #31 CDOT VAIL, CO 81657, UNITED STATES 4201 E. ARKANSAS AVENUE DENVER, CO 80222 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION MAURIELLO PLANNING GROUP, LLC 100 EAST MEADOW DRIVE STE 31 POST OFFICE BOX 1 127 VAIL, CO 81657 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM SOLARIS COLORADO REGISTRATION, INC. 221 1 NORTH FRONTAGE ROAD, SUITE A 880 HOMESTEAD DRIVE, NO. 25 VAIL, CO 81657 EDWARDS, CO 81632 13 Crossroads Kcdevclopmcnt �liauriello Planning Gr�xzp, LLC 6-4-14 �i Y m 0 0 0 �0 0 0 0 0 O 0 0 ��`j I 0 0 0 0 0 �Y �I°z�'"� �m'.�m a 0 Q 'p Il oo�oa O� ,g ee�ee 0 o 0 m o ==a o. o o. o� �8�� 0 p o� o o o 0 0 o o= o o o 0 0 o o; o o \o o o �P 0 0 o o -fl---- a o a a o� �a o �y o �o 0 0 o a o: o o m o o I o o: �m o o o. o o o o. o o o� o o �m 0 0 o o� o o 0 0 0 0, o o ���u o o os o o o 0 0 o o o o a o o o o G o 0 0 o� e= 0 o 0 o. 0 0 0 o. o m o 03 0 0 �A o 0 0 o �m o 0 0 o o o o o o� m m 0 �m �o m 0 0 o 0 0 o o o o= 0 o o� o; �Y o 0, 0 0 0 9 9��� D D m v A D D y m 0 0 A i O �2 �0 o�cm rn v r N X I m r r m yP r r p r o� a ��.o m P o� =y m p��° r Z m v r `J i P m L m vx m 8 �o z a= T n�� l D C m c�'i Z� �Ill a X n n m c m A m OO m r� a:z m N Z r II 0 o m D c T mm rD i 0 �Il�� �L-< i �I�� ��I��I� x �I Z �II��\ il��'_ II i �i I I e I y P r p m m I m I 9 b i m c i m I i P o o i o 0 0. �o� o o E o o: I o o o o n :�o y �ap �3 I l I e r I I I p P @9LJLJ y I �I P o I p 9 I o l�1\ I P' I I P �7 I e o y I p Z I ����\,I��� i C i 9 0 4 Q i m e e000 m i A m i T W n I C r I D m 0 I 4 ti G ��I� I v �Jil`i�, r �i Y uv y 0 Ep r r E e C m 9 y u 2 E o `Y o p P z muu p N bLbd O C� �i �IIIIIII W�W 0 0 0 0: o 0 0 o 0 o 0 m 0 0: o D 0 L._._._._._._._. 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SCALE: 7/76 1 f/ FEBRUARY 27, ?D09 k e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: First reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. First reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson ACTION REQUESTED OF COUNCIL: Approve, approve with modificaitons, or deny Ordinance No. 13, Series of 2009, on first reading. BACKGROUND: The Planning and Environmental Commission held public hearings to discuss this request on April 27 and May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval. STAFF RECOMMENDATION: The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for this amendment to a special development district, and setting forth details in regard thereto. ATTAC H M ENTS Town Council memo Ordinance No. 13, Series of 2009 PEC memo PEC attachments Ordinance No. 16, Series of 2004 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 19, 2009 SUBJECT: First reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090011) Applicant: Vail Plaza Development, LLC Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Vail Plaza Development, LLC, is requesting a first reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. The applicant is proposing to increase the number of dwelling units from one to two, and to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to convert the existing dwelling unit #507 to a fractional fee club unit and convert the existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club unit #313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area (GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The unfinished dwelling unit #507 is currently designed as a three bedroom unit consisting of 5,150 sq. ft. of GRFA. Refer to the attached May 11, 2009, Staff inemorandum to the Planning and Environmental Commission for a more detailed description of this request. II. BACKGROUND The Planning and Environmental Commission held public hearings to discuss this request on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval, with conditions, to the Town Council for the proposed special development district amendment based upon the findings noted below in Section III of this memorandum and the additional finding: "That the temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied. 1 �-1-1 III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for the amendment to a special development district, and setting forth details in regard thereto. Should the Town Council choose to approve this request with conditions, the Planning and Environmental Commission recommends the Town Council passes the following motion: "The Town Council approves, on first reading, Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Should the Town Council choose to approve this request with conditions, the Planning and Environmental Commission recommends the Town Council imposes the following condition(s): "1. This approval shall expire and become null and void on May 11, 2012, or upon the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; or within 7 calendar days of the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. Should the Town Council choose to approve this request with conditions, the Planning and Environmental Commission recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section IX this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009, and the evidence and testimony presented, the Town Council finds: 1. That the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is consistent with the adopted goa/s, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated 2 and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 5. That the temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied. IV. ATTACHMENTS A. Proposed Ordinance No. 13, Series of 2009 B. Staff inemorandum to the PEC, dated May 11, 2009 C. Approved Ordinance No. 16, Series of 2004 3 7-t-3 ORDINANCE NO. 13 Series of 2009 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT TO ARTICLE 12- 9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF TWO EXISTING FRACTIONAL FEE CLUB UNITS TO DWELLING UNITS AND THE CONVERSION OF ONE DWELLING UNIT TO A FRACTIONAL FEE CLUB UNIT, LOCATED AT 16 VAIL ROAD (VAIL PLAZA HOTEL) A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 20, 2009, and May 11, 2009, to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 7-0-0; and WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town Code, and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS, the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied; and Ordinance No. 13, Series of 2009 7-2-1 WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. AMENDMENTS Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended as follows (all additions are illustrated with bold italics, deletions are illustrated with �+r��°�g", and text not affected has been omitted): Density-- Units per Acre Dwelling Units, Accommodation Units, Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units 2 Accommodation Units 100 Fractional Fee Club Units —�9 49 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Section 2. CONDITION(S) OF APPROVAL The following condition of approval shall become part of the Town's approval of this amendment to the approved development plan for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn: This approval shall expire and become null and void on May 11, 2012, or upon the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no laterthan May 11, 2012; or within 7 calendar days of the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 5. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding Ordinance No. 13, Series of 2009 2 7_2_? as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of May, 2009 and a public hearing for second reading of this Ordinance set for the 2 nd day of June, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 13, Series of 2009 3 7-2-3 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: May 11, 2009 SUBJECT: A request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A- 10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090011 and PEC090012) Applicant: Vail Plaza Development, LLC Planner: Bill Gibson I. SUMMARY The applicant, Vail Plaza Development, LLC, is requesting a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented, the Staff recommends denial of both requests subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is proposing to increase the number of dwelling units from one to two, and to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to convert the existing dwelling unit #507 to a fractional fee club unit and convert the existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club unit #313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area (GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The unfinished dwelling unit #507 is currently designed as a three bedroom unit consisting of 5,150 sq. ft. of GRFA. A vicinity map (Attachment A) and the applicant's request (Attachment B) have been attached for reference. 1 �-�-i III. BACKGROUND The Vail Plaza Hotel is located within the Public Accommodation District in which lodges ("buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units...) are allowed as permitted uses and fractional fee club units (an individual dwelling unit in a fractional fee club described as such in the project documentation...'� are allowed as conditional uses. While a dwelling unit is "any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping uniY', a fractional fee club unit must be part of a fraction fee club defined by the Vail Town Code as "a fractional fee project in which each dwelling 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..." It is clear in the adopting legislation (Ordinance No. 22, Series of 1996) allowing fractional fee club units within the Public Accommodation District, that these units are not intended for full-time occupancy as a dwelling unit when the Town Council found "that a fractional fee club is a form of public accommodation" and "that the quality of fractional fee club unit are an appropriate means of increasing occupancy rates, maintaining and enhancing short-term rental availability and diversifying the resort lodging market within the Town of Vail" On February 28, 2000, the Planning and Environmental Commission approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units. According to the Staff's memorandum to the Planning and Environmental Commission concerning the fractional fee club: "According to the applicant, the ownership of the club units will be divided into a maximum of 1/12 intervals for the 24 winter weeks during the ski season, with the remaining 28 shoulder season and summer weeks would be owned by the hotel. This ownership program allows for the most attractive weeks of the year to be sold as club units with the proceeds helping to finance the redevelopment project. The remaining interest in the clubs is then used by the hotel to support the conference facilities during the summermonths." On August 13, 2001, the Planning and Environmental Commission again approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units. According to the Staff Memorandum the Planning and Environmental Commission concerning the fractional fee club: "To further improve the occupancy potential of the fractional fee club, the 50 club units have been designed to include up to two lock-off spaces per unit. This design creates a total of 108 keys and 216 pillows for the fractional fee club component of the hotel." Additionally, the Staff Memorandum the Planning and Environmental Commission stated the fractional fee units at the Vail Plaza Hotel: "The applicant is proposing that the club units be sold on an interval basis. The club units would be sold for 24 weeks during the winter months with the 2 remaining 28 weeks owned by the hotel for use as short-term accommodation units. In both 2000 and 2001, pursuant to Section 12-16-7, Vail Town Code, the Planning and Environmental Commission considered "the ability of the proposed project to create and maintain a high level of occupancy" and that "each of the fractional club units shall be made available for short term rental in a managed program when not in use by the club members". Based upon the statements, representations, and proposals of the applicant; the Commission determined that a conditional use permit was warranted for fractional fee club at the Vail Plaza Hotel. On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of 2001, which amended Special Development District No. 6 to allow for the construction of the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee housing units, and 50 fractional fee club units consistent with the August 13, 2001, conditional use permit. As noted above, units #313 and #401 at the Vail Plaza Hotel are currently being illegally occupied as fulltime residential dwelling unit, and not as a fractional fee club unit as required by the approved developed plan. On January 23, 2009, the Town of Vail issued a notice of zoning violation to the Vail Plaza Hotel. On March 13, 2009, the Town of Vail issued the Vail Plaza Hotel a summons to Town of Vail municipal court for this illegal use of the subject fractional fee club units. This matter is tentatively scheduled on the court's May 7, 2009, docket. Unit #507 is currently unfinished and has not yet been issued a final certificate of occupancy. The Town Council has identified need for an accessibility and delivery route connecting the Vail Plaza Hotel and East Meadow Drive has been identified in other recent proposals to amend the Vail Village Inn Special Development District, including the proposed expansion of the Osaki's restaurant and the Colondo Company's proposal to convert retail space to residential. To date, this physical connection has not yet been constructed. On April 27, 2009, the Planning and Environmental Commission held a public hearing to discuss this application. The Commission discussed the option of temporarily approving the applicant's request for a specified time period, such as three years, instead of approving a permanent conversion of existing fractional fee club units to dwelling units. Staff continues to recommend denial of this application. However, should the Commission choose to grant a temporary approval of this request, Staff has drafted possible conditions of approval which are outlined in Section IX of this memorandum. At its April 27, 2009, hearing the Planning and Environmental Commission noted concerns about applying Staff's previously proposed condition of approval requiring the applicant to construct loading and delivery improvements to connect the hotel loading dock to East Meadow Drive. Staff has revised the proposed conditions of approval based upon input from the Commission and the Town Attorney's Office. The applicant's proposal generates an increased parking demand of 0.7 parking spaces. The applicant testified that the Vail Plaza Hotel (Phase IV of the Vail Village Inn Special Development District) owns parking spaces physically located in the Phase III Building of 3 the Special Development District. However, these spaces were necessary to meet the original parking requirements of the Vail Plaza Hotel and are not "surplus". Therefore, the applicant must construct an additional parking space within the Vail Village Inn Special Development District or meet the additional parking requirements generated by this proposal through another means. Staff recommends the applicant meet this additional 0.7 parking space requirement through the payment-in-lieu system established in Chapter 12-10, Off Street Parking and Loading, Vail Town Code. The payment-in-lieu fee is currently $22,229.16 per parking space and is subject to an annual adjustment based upon the Denver consumer price index. Should the Commission choose to approval the applicant's request, Staff recommends the Commission applies a condition that applicant pay the full $15,560.41 payment-in-lieu parking fee within 5 business days of obtaining final Town Council approval of the major amendment to a special development district application. However, should the Commission choose to approve a temporary approval of the applicant's request with the fractional fee and dwelling unit mixed to be restored by a specific future date, Staff recommends the applicant pay only one-half (%2) of the parking fee ($7,780.21). The Town Council has the authority to appropriate these funds to the design, construction, and/or maintenance of loading and delivery improvements within the Vail Village Inn Special Development District. At its April 27, 2009, hearing, the Commission chose to table this item for further discussion at its May 11, 2009, hearing and requested that a site visit also be scheduled on that date. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 4 7-3-4 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. CHAPTER 12-2, Definitions (in part) DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used by one family as an independent housekeeping unit. FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the state of Co/orado real estate commission pursuant to Co/orado Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the department of community development a copy of the application or request for exemption filed with the state of Co/orado real estate commission and/or evidence of approval of the application or request for exemption. ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part) 12-9A-1: Purpose and Applicability: A. Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goa/s of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 8. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. 12-9A-10: AMENDMENT PROCEDURES: 8. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A- 4 of this article. 5 7-;-5 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. CHAPTER 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. V. SURROUNDING LAND USES AND ZONING Land Uses Zoninq North: I-70 right-of-way Not Zoned South: Mixed Use Public Accommodation East: Mixed Use SDD #39 (Solaris) West: Multiple Family Public Accommodation and SDD #21 (Gateway) VI. ZONING ANALYSIS Standard Approved Proposed Dwellings 1 unit 2 units (3 bedrooms/5,150 sq.ft.) (1 bedroom/962 sq.ft 3 bedrooms/1,801 sq,ft,) Fractional Fee 50 units 49 units (eliminate 1 bedroom/962 sq.ft 3 bedrooms/1,801 sfl (add 5 bedrooms/5,150 sq.ft.) Parking 0.7 per FFU 1.4 spaces no change (FFU 0.7 new requirement) 1.4 per DU 1.4 spaces no change (DUs 2.8 new requirement) total 2.8 spaces no change (total 3.5 new requirement) 6 �-�-c VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. The warm beds are also highly beneficial to the existing retail and restaurant uses in the other phases of the Vail Village Inn Special Development District. Staff does not believe exchanging two completed fractional fee club units for one unfinished dwelling unit is consistent with the Town's development objectives or the intent and purpose of the overall Vail Village Inn development. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There are no changes proposed to the existing parking. However, there is net parking requirement increase of 0.7 parking spaces when two fractional fee club units (parking rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per unit). Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a negative affect upon the remaining elements of this criterion in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. There are no changes proposed to the scale or bulk and mass of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 7 VIII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA Before acting on a major amendment to a special development district amendment application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. As described in Section III of this memorandum, in 2000 and 2001, the Planning and Environmental Commission and Town Council approved one (1) dwelling unit and fifty (50) fractional fee club unit mix at the Vail Plaza Hotel based upon the following: "According to the applicant, the ownership of the club units will be divided into a maximum of 1/12 intervals for the 24 winter weeks during the ski season, with the remaining 28 shoulder season and summer weeks would be owned by the hotel. This ownership program allows for the most attractive weeks of the year to be sold as club units with the proceeds helping to finance the redevelopment project. The remaining interest in the clubs is then used by the hotel to support the conference facilities during the summermonths." "To further improve the occupancy potential of the fractional fee club, the 50 club units have been designed to include up to two lock-off spaces per unit. This design creates a total of 108 keys and 216 pillows for the fractional fee club component of the hotel." "The applicant is proposing that the club units be sold on an interval basis. The club units would be sold for 24 weeks during the winter months with the remaining 28 weeks owned by the hotel for use as short-term accommodation units. At that time, the Planning and Environmental Commission and Town Council also considered: "the ability of the proposed project to create and maintain a high level of occupancy";and that, 8 �-�-K "each of the fractional club units shall be made available for short term rental in a managed program when not in use by the club members". Therefore, Staff does not believe the applicant's proposal to exchange two completed fractional fee club units for one unfinished dwelling unit is consistent with the intent of the original approvals of the Vail Plaza Hotel. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. There are no changes proposed to the existing parking. However, there is net parking requirement increase of 0.7 parking spaces when two fractional fee club units (parking rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per unit). Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. The applicant is not proposing any changes to the existing loading. Today, there is no accessible or practical physical connection between the Vail Plaza Hotel loading dock and East Meadow Drive. Staff believes the applicant must install the needed accessibility and delivery route connecting the Vail Plaza Hotel loading dock to East Meadow Drive to comply with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. Staff does not believe exchanging two completed fractional fee club units for one unfinished dwelling unit is consistent with the Town's development objectives. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards affecting this property; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. There are no changes proposed to the site planning, location, or open space for the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 9 7-3-9 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. There are no changes proposed to the existing vehicular and pedestrian traffic patterns. However, the net gain of dwelling units increases the parking requirement from 0.7 to 2.4 spaces. Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. There are no changes proposed to the existing landscaping; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The Town of Vail has no assurance from the applicant when, or if, construction of the Vail Plaza Hotel penthouse unit will occur. Therefore, Staff does not believe exchanging two completed fractional fee club units for one un-built dwelling unit is consistent with the Town's development objectives. 10. Public Benefit: The proposed deviations provide benefits to the town must outweigh the adverse effects of such deviations. The original approval of the Vail Plaza Hotel's project was based upon the applicant constructing accommodation units and fractional fee clubs units in keeping with the intent of the Public Accommodation District and the Town's Comprehensive Plan. The Planning and Environmental Commission and Town Council found the construction of these "hot bed" and "warm bed" units to be a significant public benefit of the hotel's original construction. Staff does not believe the proposed exchange of one unfinished dwelling unit for two existing fractional fee club units provides any benefit to the community; and Staff does not believe the applicant is proposing any other public benefit to out weight the negative effects of reducing the number of fractional fee club units at the Vail Plaza Hotel. IX. STAFF RECOMMENDATION CONDITIONAL USE PERMIT APPLICATION The Community Development Department recommends the Planning and Environmental Commission denies this request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VIII of this memorandum and the evidence and testimony presented. 10 �-�-io Should the Planning and Environmental Commission choose to deny this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies this request for an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vlll of this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit amendment is not in accordance with the purposes of the Zoning Regulations and the Public Accommodation and Special Development Districts as referenced in Section V of this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009. 2. The proposed conditional use permit amendment and the conditions under which it will be operated or maintained are detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit amendment does not comply with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff inemorandum to the Planning and Environmental Commission dated April 27, 2009." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission applies the following conditions: "1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district application. 2. This approval shall expire and become null and void on May 11, 2012, or upon the applicant vacating the subject existing fractional fee club units of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; or within 7 calendar days of the applicant vacating the subject existing fractional fee club units of the Vail Plaza Hotel prior to said date. 11 �-�-i� 3. The applicant shall meet the additional 0.7 parking space requirement generated by this application by providing a payment-in-lieu to the Town of Vail in accordance with the per parking space fee established by Chapter 12-10, Off Street Parking and Loading, Vail Town Code. The applicant shall provide payment of at least one-half the full payment-in- lieu fee ($7, 780.21) to the Town of Vail within 5 business days of obtaining approval of the associated major amendment to a special development district application. SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of denial to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of denial to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section IX this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the special development district amendment does not comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is not consistent with the adopted goa/s, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is not compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 12 �-�-i2 4. That the special development district amendment does not promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission applies the following conditions: "1. This approval shall expire and become null and void on May 11, 2012, or upon the applicant vacating the subject existing fractional fee club units of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; or within 7 calendar days of the applicant vacating the subject existing fractional fee club units of the Vail Plaza Hotel prior to said date. 2. The applicant shall meet the additional 0.7 parking space requirement generated by this application by providing a payment-in-lieu to the Town of Vail in accordance with the per parking space fee established by Chapter 12-10, Off Street Parking and Loading, Vail Town Code. The applicant shall provide payment of at least one-half the full payment-in- lieu fee ($7, 780.21) to the Town of Vail within 5 business days of obtaining approval of the associated major amendment to a special development district application. X. ATTACHMENTS A. Applicant's Request 13 7-3-13 g+ i CONDOMINI UM PLAT 1 VAIL PLAZA HOTEL RESORT CLUB j A PORTION OF LOT d1, N, 0, BLOCK 5D, VAIL VILLAGE FIRST FILING, "'ij.:;°z TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO N d"�� J�% seroe'�aw- i I INitR51A1F N0. )0 GR.IPNIC IIE e .�u+' tVtw�� N vu Mwu ��N1 i S_ ri� A� S)9'�!'00'[ A ROqp i u.e vo rt y rJ m.ew i "_L��_ m__ NBO B b f i a �ws.a.� Y FuENi OFTAII j I VML CAIEWAY rv.�..m wI PLA2A CONDOYINIl11A5 Wmw r..nr�i �n wn n iw�wo ui.i�� neLE �I l Q i I 8 BURDINC B W� Y I xrrnw�.�.w �.t� �y d:.n r$ a s �sye�oo� c ia.�r 0. s i �'l lia�.�e• �S> VAIL PLAIA XDIFL a�+ F p iaa�� lta� aESOar auo x ,J a� e, ---_�a Y �v `�ti�<�� Q y e o e a j �e.� e. T� ''���.4 8 0 -I I 8 �u� S 9 1 s, vn I I r�. 4'� f NLLACE HN PLAU lu.art I nw.0 6 I BuILDIrvc A i� �cc w�vr.. i.���i u i 4 a u �T i 1 4 SW ]0'�0"E SB t 1 ti N90 �322 .e0 1 .i i Z�'�S W�IP559' i 5!]Vfi'�fi wxva �ei:°�� NLLACE PLA2A 9.�E' PH�A�S�A�011 i.a�ewn x ��i ��ji i l� n i� .L V L`. I,., Neona[�a'w p r� �ou. i A FlRST AMENDAIEHi )Z�� i0 LONDOMINIUY Y X F� i I MAP Of NLLAGE INH PU2A e n�;� I t PHASE V LONDOMINIUMS /�>i P-�I ua�mn.ani.� I�mwu��nxn rmm �,rv�,ll I �..a,.�� eastu� a� ���.mNT�L[�-£ND 1 n In a w/�e/om a n N Q Vl ec o o p, p D��" O N I i ,�.«�S i i a i e t� ��a o d �a o� ,�e o���o I nRi4�� J �a O C 1B8 UMOQ i r I W��,s �,5 �,�u,5 �ie;S _.J L�J I L— I O .o O N r� 3 I -S� N o woapa8 �aso�� '�"a'p°„, c,� I r— 1 re a iwu��s I L J I r��� I I L J �aso�� I m I f W en I Val 9 ��I �l r I I m II I� I i LJI O �i O ��J I C] I o �WS ���p�I 6uqie�� �\M pa11�eA I WII A ,awe a e ,veyFrs I we!ycrs wi I Z y a fJ u+ a �s� g��� C� J o, E niry, L Deck Unit 34 Level 4 i i 962 Square Feet i M.Bedroo Noith Mountain FP O I 0: 1 19 Plaza •m G• Ski Mountain �%E�.�i i'i��:a �f���[ I��v�� nNO ASSOClATFS, INC. �-�lI Scale: 3/32°'= i Vail, Coloredo �a e,e..,es rncen,..,� �June 6, Z005 I I I I i i s" I� I I I i I III I I I i Illi I Unit 23 Level 3/4 M. B i i i i l� Lower Level: 1,011 Square Feet I i i� Upper Level: 790 Square Feet i i i 0 i i To[al Area: 1,801 Square Feet o s� I I I I IrrEF �l I IL I Bedroom 2 8edroom 3 FP t North Mountain I O �Y n Gec I O i i Lower Level Upper Level e Plaza Ski Mo�!n*ain I o--fl ii�ii i�i��a Fio�ei 3�uu� f����,� nNO nssoci�r�s, wc. "'�^s"'"�-^^'^�-'��� Vzil, Colorado I Scale: 3/3z 1'-D" .�e..,00a �.wo 18 O °n°""°° june fi, 2005 7 L�Ci"` �o a� O� �{�a4 0 II r T �o I M �n'1 M i e e �i J e fiullle� I 6uipa� —1/ o WU��A WtlneA A `1 I fi� W T a n l c �V-_—_—�<-- �6u N] I �qF.a� Wj�nenl Px1�neA O +�w I LU00� LUB� r�o Ma iea I J88 I 'v wH�n �IYa'Jlelj I r�• �IX3 BJI� e'�sa "'°o eHP? ��d JIB�S a P,p„�n O 0 0 i� ysvi O O Lv d N o W� N o^ I U v i uiui j< I L■V. I m I I x I II 1 i i �L J o �i un �nm S 20 �°°a�a �eTo� 3 �I p ml 0��0 0 a' 0 O 0 woo� �san� �uoo� �san� Z woo� �san� 0 y 0 ��g°�� 0 ��5ga ----1---- `�:k u �eo� 8 CONDOMfNlUM PLAT VAIL PLAZA HOTEL RESORT CLUB p w A PORTlON OF LOT M, N, 0, BLOCK 5D, VAIL VlLLACE FIRST FILINC, r�j"=�° 8/� a', TOWN OF VAIL, COUNTY OF EACLE, STATE OF COLORADO w _,9.s :1 .mn�r 582'Ofi��� I H GPA�PHIC SCA p i T�� a�mf°°�i 70+on SW .+r AG y�� a� ws w P 4: min�r j E_.� 5)9•q6•p�� ^RwiT E ROAD L �s ,o j M �-✓�v O 1JL.] �'CI) NBOtl' 8. 0 10 21 V1Y 4 i o-.�xotl.�v'.�` y j �A�� �a,�wAr ,.m PL4ZA CONDpAINIUYS I I i.mm..�am v.oRe��w�ue LIHf iABIE Q 8 BUILDMC B �I .m•er.. �m 1 C 'A u"^ jf o ���a„ g�y.4s'pp•E U i r.5)9 y6'00` S vai� a�nzn Hom G p i. +u.ar 6ujs7 E RESORT nL1B 3 i; e'� g I ar y e 8 r4 r'.\i�����.'"::5 Q g 5 xi l'; r`� 8 6 �L¢� i n• ;S u• 8 �..ar�«n i H E y nn�u o 1 p i- N� i HLLUE nY�UZa .�.e.��. `7 tl I �n� i«:....i..�.��� M g BUttDiNG n cc y4/ r,w.a S I m£ r/ i SB0,I00 N �I .a� ia, N8 .l y 58.60 m P jj l °���z�'w, izsss il/r ,�r i 'p �.k6'�X `1 r.�c j i i 592'0 W v.ort n Nl1ACE IHH j� i� i �i. 9.18' P�AS� I S AN� II ��ir. i r I I 1 NR4E inBtE 1 I �q CL i NBOb2' ��L.S? i I IOe.)1 (108 .>2]_ 1 i fIRSi A1IENOMENT I i0 CONDOMINNM p.�� y YAP Of NLLAGE INN PIAZA �1' f t PH�SEmCONDyMINIUUS ��,.�4nn. .ri w I� I p II m unu.�:o� 4 e.� /}41,� EAS�MEAOOW�fl1VE I i r V ONnNPNT LEFLNP y �E� i�i i s i i i nl i i i i i i r i i II I iiii� i� ��ii� ii il I i i i i i M. Bedcoom i i Unit 23 Level 3/4 i I LowerLevef:1,0115quarereet i i i I i Upper Level: 790 Square Feet I i 0 Total Area: 1,B01 Square Feet f i o i I i I j u u' I i r I i L i I i 11� I �u� ���J a Bedroom 2 Bedroom 3 J L NoKh Mountain O I I a� I o �y Geck I a I Lower Level Upper Level t Plaza 0 Ski Mo�_n*=in u �f�i i i Ia�a �rio�ef �u�u� f�e���d Vzil, Colorado �I� Seale: 3/32"= 1'-d" m s,e. �new�Fm�u.bo.�� June 6. 2005 L� L7 I e I_ E ntry ili iii ii i.ii i o ,�F i i i c o I i I �i II III Ili i I I I 'L s� Deck I �I i i Unif 34 Level 4 i I 962 Square Feet I �I i I M. Bedroo North Mountain I I amg I a o �e o F'faza rr �a ao Ski Mountain u--o a� �f<�.6i ri�� f iC���i i �u�Q1i �4 9� AND nssoc�,res, iNC. Vail, Colorado ScaEe: 3/32"= i'-0" .a n+a+»�s .�cem+.�,m �June 6, 2D05 n a �i e a a F eu Pe11neA p11�QA O I 'V I M I i ,eMOVS i i s e�!�10 e n a O� i O n ��a I l lesol� Nw3 m uedp I wen��sJ a,� a a O r I �e9 ,,,J; e?� unnoa r �ue�µ�s we�,��s �ve�i�crs JIB�S J L— J i L— I T 0 8 a W SJ No woapa9 �aso�� �e��3 ��,�e4�W d �o r I I 14BlF<V$ I I d I L J I i LW!K�sJ ;2S0�� i V E I m I pa11�eA Vall^QA R a 1 I I I LJI O �i O �?J I 0 0 I o Mous /E 6u!I!e� I fiuil�e� \M WIIneA I Pallnen tav�e L� jy6ij 146qRNS I 148!I��IS 7�1 I Vj J b ���a� �o 1 a� �i I Op r �T� r I I V�l� i a �i E 6uilie� I 6�Ta� o \4neA I Wp�e% A 0� I I' �Saa W T �I 6u I!rJ Ieuqie� m Pa�ine W�� O �ea LUOO��ILU2� rna iaa a�� I I 4 ��e I I L L�Illa'J Pall�en O Bu11N�16�j O ;�X3 a��� 6ullleyuadp o �III� l�j ����5' ullla� Wllne� O 0 0 N a P��� N II I II uiui j'< II m II uay��i� x II I I o /L i i J� o �i un �nm O S;eO �e�a�3 '�PMd I I �I p 01 �I a 0 i� I O O� i 0 0 wooa ;san� woo�{ ;san� woo�{ ;san� y g ----1---- �e ORDINANCE N0.16 SERIES OF 2004 AN ORDINANCE REPEALING ORDINANCE NO. 21, SERIES OF 2001, ADOPTING A REVISED APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO, 6, VAIL VILLAGE INN, PHASE IV, TO ALLOW FOR THE CONSTRUCTION OF THE VAIL PLAZA HOTEL; AMENDING ORDINANCE NO. 7, SERIES OF 2003, EXTENDING THE EXPIRATION DATE OF THIS APPROVAL FROM SEPTEMBER 4, 2004, TO NOVEMBER 15, 2004; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, In 1976, the Vail Town Council adopted Ordinance No. 7, Series of 1976, establishing Special Development District No. 6, Vail Village Inn; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously Approved Development Plans for Special Development Districts; and WHEREAS, Daymer Corporation, as owner of the Phase IV property, has submitted an application for a revised major amendment to Special Development District No. 6, Vail Village Inn, Phase IV; and WHEREAS, the purpose of this ordinance is to adopt a revised Approved Development Plan for the Vail Village !nn Special Development District, Phase IV to allow for the construction of the Vail Plaza Hotel and to amend the expiration date of this major amendment approval; and WHEREAS, the revised major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning Environmental Commission held a public hearing on the major amendment application; and I 1 Ordinance No. 16, Series of 2004 WHEREAS, the Planning Environmental Commission has reviewed the prescribed criteria for a major amendment and has submitted its recommendation of approvai and findings to the Vail Town Council; and WHEREAS, all public notices as required by the Town of Vail Code have been published and sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel; and WHEREAS, the approval of the major amendment to Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel and the development standards in regard thereto shall not establish precedent or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Puroose of the Ordinance The purpose of Ordinance No. 96, Series of 2004, is to repeal Ordinance No. 21, Series of 2001 and adopt a revised Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel and to amend Ordinance No. 7, Series of 2003. The Approved Development Plans for Phases I, III V remain approved and unchanged for the development of Special Development District No. 6 within the Town of Vail, unless they have otherwise expired. Only the Approved Development Plan for Phase IV, the Vail Plaza Hotel is hereby amended and adopted. Section 2. Amendment Procedures Fulflled, Plannin� Commission Report The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, I I 2 Ordinance No. 16, Series of 2004 and the Vail Town Council has received the recommendation of the Planning Environmental Commission for a major amendment to the Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotei. Requests for amendments to the Approved Development Plan shall follow the procedures outlined in Section 12-9A of the Vail Municipal Code. Section 3. Saecial Development District No. 6 The Special Development District and the major amendment to the Approved Development Plan for Phase IV are established to assure comprehensive development and use of the area in a manner that would be harmonious with the general character of the Town, provide adequate open space and recreation amenities, and promote the goals, objectives and policies of the Vail Comprehensive Plan. Special Development District No. 6 is regarded as being complementary to the Town of Vail by the Vail Town Council and the Planning Environmental Commission, and has been established since there are significant aspects of the Special Development District that cannot be satisfied through the imposition of the standard Public Accommodation zone district requirements. Section 4. Development Standards Special Development District No. 6, Vail Village tnn, Phase IV, Vail Plaza Hotel Development Plan-- The Approved Development Plan for Special Development District No. 6, Vail Village Inn, Phase IV, Vail Plaza Hotel shall include the following plans and materials prepared bv Zehren and Associates, Inc., dated July 6, 2004 and stamped approved by the Town of Vail, dated July 20, 2004: (as may be further revised by the Town of Vail Design Review Board) A. Site Illustrative Plan B. Site Vignettes Key Plan (noted "for illustration purposes only'� G Site Vignettes 3 Ordinance No. 16, Series of2004 D. Site Plan (revised) E. Level Minus Two F. Level Minus One G. Level Zero H. LevelOne I. Level One 1/2 J. Level Two K. Level Three L. Level Four M. Level Five N. Level Six O. Roof Plan P. Roof Plan (Mechanical Equipment) Q. Street Sections (Vail Road Elevation/North Frontage Road Elevation) R. Plaza Sections (South Plaza Elevation/East Plaza Elevation) S. Building A Elevations T. Building A Sections U. Building B Elevations V. Building B Sections W. Building Height Plan 1(Absolute Heights/Interpolated Contours) X. Building Height Plan 2(Maximum Height Above Grade/Interpolated Contours) Y. Pool Study (Pool Sections) Z. Vail Road Setback Study I 4 Ordinance No. 16, Series of 2004 AA. Loading and Delivery pian BB. Street Entry Studies (Vail Road/South Frontage Road) CC. Sun Study DD. Landscape Improvements Plan EE. Off-site Improvements Plan Permitted Uses-- The permitted uses in Phase IV of Special Development District No. 6 shall be as set forth in Seetion 12-7 of the Vail Town Code. Conditional Uses-- Conditional uses for Phase IV shall be set forth in Section 12-7A-3 of the Town of Vail Zoning Regulations. All conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. Density-- Units perAcre Dwelling Units, Accommodation Units, 8 Fractiona/ Fee C/ub Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units —1 Accommodation Units —100 Fractional Fee Club Units 50 Type III Employee Housing Units —18 (38 employee beds totaling 9,618 square feet of floor area) Density-- F/oorArea The gross residential floor area (GRFA), common area and commercial square footage permitted for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. 5 Ordinance No. 16, Series of 2004 Setbacks-- Required setbacks for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. The front setback along Vail Road shall be a minimum of 16'. Height-- The maximum building height for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. For the purposes of SDD No. 6, Phase IV, calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of sloping roof unless otherwise specified in Approved Development Plans. Site Coverage-- The maximum allowable site coverage for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Landscaping-- The minimum landscape area requirement for Phase IV shall be as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. Parking and Loading-- The required number of off-street parking spaces and loading/delivery berths for Phase IV shall be provided as set forth in the Approved Development Plans referenced in Section 4 of this ordinance. In no instance shall Vail Road or the South Frontage Road be used for loading/delivery or guest drop-off/pick-up without the prior written approval of the Town of Vail. The required parking spaces shall not be individually sold, transferred, leased, conveyed, rented or restricted to any person other than a tenant, occupant or user of the building for which the space, spaces or area are required to be provided by the Zoning Regulations or ordinances of the Town. The foregoing language shall not 6 Ordinance No. 16, Series of 2004 prohibit the temporary use of the parking spaces for events or uses outside of the building, subject to the approval of the Town of Vail. Section 5. Aparoval As�reements for Special Development District No. 6, Phase IV, Vail Plaza Hotel 1. That the Developer coordinates efforts with the owners of the Gateway Building, Phase II, I Phase III and Phase V to create a below ground accessway for loading and delivery to the adjoining properties within the District from the Vail Plaza Hotel to resolve potential loading and delivery concerns. If a coordinated effort can be reached the Developer shall submit revised plans to the Town of Vail Community Development Department for review and approval, prior to the issuance of a building permit. The intent of this condition is to create an interconnected underground loading and delivery system accessible to all of Special Development District No. 6, Vail Village Inn. 2. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, road improvements, Vail Road landscape median improvements, etc.) as identified on the off- site improvements plan to the Town of Vail Public Works Department for review and approval, prior to application for a building permit. 3. That the Developer submits the following plans to the Department of Commu�ity Development, for review and approval, as a part of the building permit application for the hotel: a. An Erosion Control and Sedimentation Plan; I b. A Construction Staging and Phasing Plan; 7 Ordinance No. 16, Series of 2004 c. A Stormwater Management Plan; d. A Site Dewatering Pian; and e. A Traffic Control Plan. 4. That the developer records a public pedestrian easement between the hotei and the Phase III Condominiums and between the Phase V Building property lines. The easement shall be prepared by the developer and submitted for review and approval of the Town Attorney. The easement shall be recorded with the Eagle County Clerk Recorder's Office prior to the issuance of a Temporary Certificate of Occupancy. 5. That the Developer records a deed-restriction, which the Town is a party to, on the Phase IV property prohibiting the pub�ic use of the spa facility in the hotel. Said restriction may be revoked if the Developer is able to demonstrate to the satisfaction of the Town that adequate provisions for vehicle parking have been made to accommodate the public use of the spa. The restriction shall be recorded prior to the issuance of a building permit. 6. That the Developer submits a comprehensive sign program proposal for the Vail Plaza Hotel for review and approval of the Design Review Board, prior to the issuance of a Temporary Certificate of Occupancy. 7. That the Developer posts a bond with the Town of Vail to provide financial security for the 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a building permit. 8. That the Developer, in cooperation with the Town of Vail Public Works Department to design and construct a left-turn lane on Vail Road and reconfigure the landscape island in the South Frontage Road median to eliminate left-turns from the loading/delivery. The 8 Ordinance No. 16, Series of 2004 construction shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 9. That the Developer provides a centralized loading/delivery facility for the use of all owners and tenants within Special Development District No. 6. Access or use of the facility shall not be unduly restricted for Special Development District No. 6. The loading/delivery facility, including docks, berths, freight elevators, service corridors, etc., may be made available for public and/or private loading/delivery programs, sanctioned by the Town of Vail, to mitigate loading/delivery impacts upon the Vail Village loading/delivery system. The use of the facility shall only be permitted upon a finding by the Town of Vail and the Developer that excess capacity exists. The Developer will be compensated by the Town of Vail and/or others for the common use of the facility. The final determination of the use of the facility shall be mutually agreed upon by the Developer and the Town of Vail. 10. That the Developer executes a Developer Improvement Agreement to cover the completion of the required off-site improvements, prior to the issuance of a building perm it. 11. That the Developer records Type III deed-restrictions of each of the required employee housing units, with the Eagle County Clerk Recorder's Office, prior to the issuance of a Temporary Certificate of Occupancy. 12. That the required Type III deed-restricted employee housing units not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 9 Ordinance Na. 16, Series of 2004 13. That the Developer submits a copy of an approved access permit form the Colorado Department of Transportation verifying acceptance of the access points illustrated, as designed, on the Approved Development Plan, dated July 6, 2004. 14. That the Developer shall contribute a one time payment to the Town of Vail in the amount of $35,000 for the East Meadow Drive Art in Public Places archway project, or other Town of Vail approved East Meadow Drive Art in Public Places project, (the "Projects") as a means of mitigating development impacts associated with the construction of the Vail Plaza Hotel. Said payment shall be submitted to the Town of Vail Public Works Department, prior to the issuance of a building permit for the Vail Plaza Hotel. Should the Town fail to commence with the design and construction of the Projects within one year of the date of the issuance of a Temporary Certificate of Occupancy for the Vail Plaza i Hotel, the one-time payment of $35,000 shall be refunded to the Developer. I Section 6. Approval Expiration; Time Limitations The SDD approval time requirements and limitations of Ordinance No. 7, Series of 2003, shall be amended to cause this major amendment to become null and void should the Developer fail to receive an approval of a building permit and submit payment and pick up the permit from the Town of Vail Community Development Department by no later than November 15, 2004. The phasing of the construction of the hotel shall not be permitted. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, 10 Ordinance No. 16, Series of 2004 i sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and �e-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the e�ent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6 day of July, 2004, and a public hearing for second reading of this Ordinance set for the 20 day of July, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Color Rodney E. Slifer, Mayor A E �,ti Lorelei onaldson, Town Clerk CO�.� 11 Ordinance No. 16, Series of 2004 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 20` day of July, 2004. Rodney E. Sfifer, Mayor N OF ,.....��V,q ATT f SEAL Lorelei Donaldson, Town Clerk �p�•�;'� 12 Ordinance No. 16, Series of 2004 i 952 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE I, Robert Brown, do solemnly sweaz that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the fi�st publication of said notice was in the issue of said newspaper dated July 10 A.D. 2004 and that the last publication of said notice was in the issue of said newspaper dated July 10 A.D. 2004. In witness whereof has here unto set my hand this 27th day of July, 2004. Publisher/General Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 27th day of July, 2004. C o P RY �P(�e`/ Pamela Joan Schultz 2: Notary Public P E My Commission expires: November 1, 2007 SCHULTZ 9' �'••....••,,�a c�- The Dail Classifleds 970.845.9937 vaildai .com Saturda WOLCO'TT WO�COTT 1 I fahubus 42 acre property with b�eath 4o acres d vrontlerlul horse properry taking views irom every wmtlow o13 Bteathtaking views end a well m place. diflerent min. 2nges! This home otfers Close W all [hat Vail has to ofler yet ihe high end finishes gourmet kilchen, 7 BD, privacy of Ne country. surrourW sountl speakers, 4 car garege, z pastures, riding arena, 4 ou�twdtlings, Oryeretl at 5249,500 �ot tub, �rolleyball pit, caretakBYS unit i �ui m;s and more for Judith Evana, 97D-3761171 1 51,495,000 Prutlential Gore Range Properties Jeanette Frencis Vail Eatates �'orudentialaoreranae com I i 970331-4918 ar970-845-1117 I �,'�t'�� e� a�l.�32 �t3 �,�3rsa €r�*@tt.�4.���c"..s'� ��'C1�2�� �c ���"l� ���S�t$ xf�^c 3 "'"L' 3 `�srt�7 ��a:� ��a4.�t ��`�',v �t-�tiY33�s��`3s�L�i'4� �.���i�.', ��'ig€$�t"�S#� w-,_-.,.._ I OHDINANCE N0.1! SEN�ES OF z001 AN OROINANCE REPEALING OROINANCE NO. 21, SERIES OF 2�p1, AWPTING A REVISED APPROVED DEVEIOPMENT PLAN FOR SPECIAL DEVELOPMENT OISTPICT N0.8. VAIL VIILAGE INN, PHASE IV, TD THE VAIL PIAZA HOTEL; AMENDING ORDINANCE N0. 7, SERIES OF 2007, EXTENDMG 7HE EXPIpA7ION DATE OF 7HIS APPROVAL FROM SEP'fEMBER 0, 20M,10 NOVEMBEFl 75. 2Wk AND SETfINO FORTH DETI WMEREAS, In 1976, tlle VBd Tpm CoVnCil aOaptatl OrtlinenCe No. 7. Series of 1976, e61adi6hmg SpeclafOevebpmant Oislric� No. 8. YaI1 Vi4age Inn; antl W NEREAS, Section 12-9A-�0 of the Zonmp Repulanom psrtnib mejor emend�+en�s to praviowy Apprared DeV¢lapment Plena 7or Spe� �I Daveropment D'mtncb; and WHEREAS, Daymer Corponfon, aa owner o1 the Phase IV prqxny, has euCmmed cn appl Iien br raviaad major amentlment lo sped�l Oa�elapment Olstrict No. 8, Vail Vlisga Inn, Phace IV; erM WHEREAS, fhe purpoae M Mrc artAnance is lo adaW e revised Apprrned DaelopmeM Qlan br IM VeN �Ilage Inn Spetlel Deuelopmenl Distria. Phaae IV to allow br ihe ca+stnwliw+ d Nr Vell Pl�ze Holel antl tn amend Ihe app wal; and WhIEREAS, t�e r�se0 major smanCment ia the Spscial pg+elopmeN D�vict ie In Ihe Eect interesi oi tl+e tavn a� M meeis Ms Townti Ce�elvpmmi objectivea �c �dentHfed in Me iarn of Vall Compiahmsiw Plan; e�tl W HERE0.S, in atwMance wifh Nre 0�'�a�a�a oulli�stl in Me Zoninp Rpyulfllians, ihe Planning 8 Em+ronmeM.'J Commi6sion hald a�xhlw hearinp on Me me�w amendmer+f appficallon: end VVHEREAS, tM Planninp 8 Environmen�al Comm�suon hae reviswad Ma preurlbed erXe�a br a amerWment end Aas submilfed iLS rerommendation d yqrovsl aM findinps to Me Vall Town Couneil; an0 WHEREAS. all pud6 no�ices es repuiretl by Ihe Town o1 Vail Cotle havs 6een pubMhed aM sent to 1�� epprop� e paAks; arM W HEREAS, the Va Council t i7 m Mie Oest inlcrs�l o! I�he public heaHh, safely, antl ro aGOp� the reviaed Appraved Developrnenl Plan br Spe�lal Davelopmenl Dishiq No.6, Ve�l VXlage Inn, Phax IV, Vail Plaz NOWRHEREFORE, E�ITORDAINED9VTHE O a UNCI�OFTHET 5 0WNDFVAIL�CALOAADO,THAT' VeliPluaNOtNantlVieOevelopmeRetarMa Wh eqartltliemloMallnoleelediMprecetlenfwmllilmeimtaels Seelion t Purpcse ol lhe Ordurance Tne purpose ol Ordnance Na. 1 B. Senes of 2004. is k repeal Ordinmce No. 21, Serles of 2001 antl atlop� a revieeG Approvad Development Plan fa Special Oe�xlopmeM Dielrid No 6. Vail Vllay� Inn. Phass IV. Vail P/ua Hc w ol 2003. Theqp� roved Deveiopmen� Pkns for Pheses 1, III d, Y romain �pprmetl antl uncha�+ped �o� IM dmelopnent of $peclal �g�a�opmmf D'wlrict No. 9 wlMn I�a Town d Vail, unkes Irey �ava ol�e�wus e(piretl. O PhaselV,lheVe�lAlazaHotalshereDy amaMetlanO�tlo�Iey Sectbn 2. Amendmenl Piaedurea F Ililktl, PHn mm� pConxMSSion Repo�t Tha apprmal procedures denaibad in Section 12-9 ot 1he Vail Municipel Cade have heon tuKlbd, and Me Vail Town CeuncY haa roceiwtl IM recomm�ndaDOn o1 t�� Planning Q ErrvlronmenUl Cammnsian br a majar art�endn for Speci I pe�ebpmeM Dist� No 6, Vail VX�ege Inn. P�sae 1V. Vad Plqia Nole1. Requecb lor arrbndmsnb to the Appmved OewlapmeM Plan ahell kllaw Me proeedures mAtlned m Section 12-BA d tl�e Vail MuNCipal Cotle. Sxbon 3. Spedel Oevelopmsnt D�sVict Na.B 11ro Spedal Developnent Oiatrid snd the ma�or emendmenl to Ihe Darebprt+�nl N�n for Phue IV u� ��t�blhAeA U 4�un oompeMnsNa dewlapment entl we of Me eroa in manna Met would be hermonious ptOWtlE adea^a�e OpBn �aCY i1W �OCfesiion smenXbf, entl peprwte hB QtMls, Ob�lLYiVB9 antl pOfiCiBa 01 Ihe VaN Comprehenvv� Plan. SpBCial �eveloprnenl Dia6k1 Na. 6�s raga�detl beinp cortqiemenbry �a �Ae Town Pleimlry d p nra menlsl Commia+bn, erM M1ae bean ea�LWiah d tiroe ihn� B Biynificenl asplci6 0l �he SPed01 D�eloprtqnl Diatrlcl tlVt eon�IW be Ytis1iq11hrou0h M! NnpOlMa� OI ilq stentlarA PubG A�mrnotlation zma Secfion a. OeNNapment StendaMs Spectia� D�rebpmsnt Dislriq No.6. Vad VAIpq0lnn, PhaDe IV, Ved Plw Ho1N DevMOpment Plan" The ApprowA DevHOpment Pian for $peclal perelopment Disfrkt No. 6, Vail Vtllape Irm, Phaae IV, Vail Plw Nolel chell IriWde Me bllawinp dsm snA materiela preparetl by Zehrcn Wy AuOditae, Inc., EB�ed .htlY 6, Z000 vad, datetl Jury 20, 2004: las maY ���r mvwed by Ilie 7own of VW Oee'pn Herrow Boerd) Sqe IUUeirative Pler� B. Sile vipnanes Key Plan (nated'la ilNSbation purposn oniy) C. Site VignBtlas D S�e Plan peviseC) E, Lerel Minus Two F. Level Minue OM G. Level Zero H Level O'ro I. LNCI O�e 6 12 J. Leve� T K. Lavel ThrN L Le�sl Four M. Lerel flve N, 4vel Six O. Rooi Plan P. Roel Plan (NSChan"ral EQuipmeM) Q: Sheet Saeliana (Vail Road FJeu�ioNNOrih FroMape RoaE Elewlionl q, PlaZa $eclions (SoNh Plaze EbvetiorvEest PlaraElevetionJ S. 6uiMirp A EIe+allDnf T. Buifdvrg A SecHO� U. Buil0in9 B Elevatrons V.Builtliny B 5ecbrns W Bulklillg Heipht Alan 7 (ApgoWte Helahts�lnteipo{e1M Contaun) X. Bui�ng MeigM Plen 2(Mu�imum Hef�� Apove �2tle/Interpolalod Contwrs) Y. POOI SNtly (Paol $eCflonal Z. VaY Road Seroad Stuoy M.LWdInp aMDeliv�ryPlan BB. Sheet Emry SNdies (Vail RoedSoufh Fonupe Rosdl CC. Sun SNdy D�. Lantlac�ps ImproWmanro Plan EE. OH-sBe Impro�menty Plen Permilletl Usef-- 961 PROOF OF PUBLICATION STATE OF COLORADO SS. COUNTY OF EAGLE I, Robert Brown, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdicNons operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regulaz and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the fust publication of said notice was in the issue of said newspaper dated July 23 A.D. 2004 and that the last publication of said notice was in the issue of said newspaper dated July 23 A.D. 2004. In witness whereof has here unto set my hand this 27th day of July, 2004. Publisher/General Manager/Editor Subscribed and swom to before me, a notary public in and for the County of Eagle, State of Colorado this 27th day of July, 2004. P(� amela Joan Schultz �p Notary Public pqM��q L My Commission expires: November 1, 2007 SCHULTZ 9�'••...•••'� UF Cf�- i i �ury 23, 2004 The Daily Classifle �s .����m��,�,�-0���� ����r�� y ����;�r� .:a ztiR .r:L...,-aa,.� ,�rk�_�1,�era��-�` ....,v n=t�a��,a�.. :��:�s, ,�i a%lr R tk r�'�a.�.ue �.,a. m."?.,.,.k..t,.,...n ORDINAMCE N0.16 BERIES OF 20W I N ORDINANCE REPEALIHG ORDiNANCE NO. 21, SER�S OF 2001, ADOPTING A REVISED APPROVED DEVELOPNENT P1J1N FOR SPEC{AL DEVELOPMENT DISTAICT N0. 6, VAIL VILLAGE INN, PHi NE VAl� P{,pZp MOTE,4:; AMFJfDIN6..OqbWANGE� NQ.. i, SERtES AF 200�, EXTFNQWO TNE.EXPIRATION pATE OF TMIS.ApPpOYpL FH��S�P7E�1BE8 4, �,'f0 lIOVEMBER 15. �d104; AND SETTlN6� F HEREAS, In 1976, the Vail Town Council adopted Orqinance�No: 7, Series W 7876, esMabAshing Special 4levelopment pistrict No. 6, Vad Vitlage Inn; and I NEREAS, Section 12-9A-10 of lhe Zoning Regulations parmits major amendmeNS. to previousty Approved flevebpment Plana fo� Specia! Devel�ment �istricts; and HEREAS, Daymer Corpopation; as amer o(�the PhaselV property has su6mitted an appNcelion for a revised� major amandment to Special Development Dishict No. 6, Vei{ Vitlage Inn, P�ase !Y; and HEREAS, the purpose� aF'this a'dinance is io adop! a revised Apptoved Devetopment Plan tor ihe Vail Y7i11aAe Inn Speoial DeHalapareM� District, Phase IY to aHow for ihe constructbn oi the �Vail P4aza Ffotel and ro am rovaF and HEREAS, the ravised majo� amendment to ttiB SpeCial DevelOpment OisMct is in the best interest pf the lown as it meets ihe Town's tlevelopmeM objeCt7ves as identified in the Town of Vail Comprehensive Plan; and HEREAS, kt accardance wtth �he provisions outiined in the Zoning peguladons, the Planning Em+rorxnema! Commission hefd a public heanng on the major amandmeM application; and HEREAS, the P�anning Emironme�ial Cnmmission has reviewed ehe prescrtbed: critsria iw a mejor emendmant and has subm�tec{ recanmendation ot approval and findings to� the Vail Town �Council; and HEREAS, all pu�w notices as rep�irad by the Town of Vail Coda ha+re bean puWished and seM to the appropriate partles; and HEREAS, the Vaif Town Councit conaiders ifin ihe besl interest ot the puMic heaith, satety, and welfare to adopt tlie revised ApD��d Development Plan for Special Devebpmant District No. 6, Vail Viilage Phase IV. HEREAS, Ihe appraral ot lhe meyor amendment m SQecial bevelopment tlistrict No. 6, Vail Vlllage Inq Phase IV, Vail Plaza Hotei and the developmen[ siandards in regard thgreto ahall not estadish precedent or entNlei THERE�'ORE, QE IT ORDAiNED �6Y THE TOWN COUNClL OP THE TONlN OP VAII, COlQRA00, THAT. ection t Purpose Ot the Ordinance I he purpose ot Ordina�e Na i6,.Seties ot 29�4, isdo rapeal Qrdinanae No. 21, Se�ias ot 2p61 and adopt a revised Approved Development Plan tor Spaciel pevelopment DisMct No. 6, Vail Villege Inn, Phase IV, Vail P '2003. The Approved Development Plans for PAases 1, {II h V remaln'� approved and unchanged fw the developmant of Special Oevelopmem District No, 6 within ihe Town ot VaN, unfass they have Wharwise� expired. C he Vaii Plaza Hotel is hereby amendec! and adopted. 'on 2 Art�a�dmenl Procetlures FWfHled. Planning Coromissionfteport ia he approval procedures descrH�d in Secdon 12-9A� of the Vail� Municipal Cotle heve been ir�lf'dt0d, and the Vai1 Town Council has teceived the recommendation oYthe Plamm�g. Enviro�mentaf Commission for a majd r Special pevelapment Diskict No, 6, Veit Vi4ege Inn,. Phaee IV,� Vail Plaxa �Holel: Requests for amendments to the Approved� p�velupmeM Wan shaH fqAow the proceduFes oµtlined in Sectiors.l2-6A ot� tMe Vail Municipal Gti ecGOn 3. Special DeveloPment Dislrid No. 6 he Speciel DevelopmenYDictrict a+xJ the majw ame�dmeal to Me Approved Development�Plan for Phase fV �are esteNishad to assure comprehansiva davelopment and use uf the area in a�man�er thet would be harrtro fde adequate open spece and `ecreaUpn amenities, and promota the. goals, objectivas and pnlicies W the Vaii �Comp�ehensive PYan. Spet:is! Developmeni Oisitict Na.81s regarded as 6ei�g camplemerRary to tl�e Town I Emironmental CortuNssbn, azM hes�been sstaNiehe0-81nee thera are signillca�t aspects �oi the Specisl Developrn8nt piStClCt that C9/fno( be satlstied Mraugh Iha impasition�oi ihe sCat�darrS Pubfic Accommode6pn 2one tli� fon 4. �evelopment SteAda[4%-Specfal pevalppment.0istriM No. B, Vail Vil4sge Inn: PheaelV, YPiI Pleza Hotal pmeM�Plao-- he Approved Develapment Ptan tor Speciai Devalopment pistrict No. 6. Yail Village inn, P.hase IV, Yaii Piaza Hotel sha0 inctuda fhe tollowing pians atid materials prepared by Zehren and Associates, lnc., dated July fi, tedJuly20.2004: 1 as rnay be further revised 6y the Trnv� of Va0 Design Review Board) Site {NusUative Ptan Site Vignettes Key Plan proted Yo� ilivatratioa purposes on Site Vignettea Site Pfan (revised) Cevel Minus Two Level Mlrws One Ceeel Zero Level One I L Lave� One 712 .LeveVTwo Level Three Level Four Leve! Five lavel Six Roof Plan Roof Plan (MeG�anical Equipmant) Streat SecOions (Yail Hoad ElavationMorth FroMage Road Elevatian) Plaza 9ections {SaRti Plaza ElevatloNEast Plaza ElevwGon) w BuikGny A 6levafioqe Buikling A Secti4ns I BuiMinq B E�evetlons BWldinp B Secfione suua�na �e�nr a�an i �nbsau�e rw�9n�cannwrpaa�ea conwu�sl 8ullding tleigM Plan 2{Mqxitnum Haight Nfa�e Grad971nterpoleted Co�tours� Pool Studv (Pooi Sectionsl Vaii Road Setheck Study Loading and DeGvery plan 8. Street Entry $[udies {Vail RoacYSouth Erontage Roa� Q Sun Study i D. Landscape Improveme n� 973 cJ►,� sia PROOF OF PUBLICATION �"`F WNI God STATE OF COLORADO �S. ati COUNTY OF EAGLE W� Pro' I, Robert Brown, do solemnly swear that I am a qualified representative of the Vail Daily. That the same m Daily newspaper printed, in whole ar in part and published in the County of Eagle, State of Colorado, and W M�a has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior :go to the first publication of the annexed legal notice or advertisement and that said newspaper has s; published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under a°f Colorado's Home Rule provision. S a. That the annexed legal notice or advertisement was published in the regulaz and entire issue of every s a� number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of s. said notice was in the issue of said newspaper dated August 07 A.D. 2004 and that the last publication of said notice was in the issue of said newspaper dated August 07 A.D. 2004. c, In witness whereof has here unto set my hand this lOth day of August, 2004. G 7 r_ Publisher/Gener ger/Editor `0 Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this lOth day of August, 2004. ��'y(,�--C amela Joan Schultz Notary Public My Commission expires: November 1, 2007 e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Second Reading of Ordinance No. 10, Series of 2009 adopting a major amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: Approve, approve with conditions or deny Ordinance No. 10, Series of 2009 on second reading. BACKGROUND: On May 5, 2009 the Vail Town Council approved Ordinance No. 10, Series of 2009 on first reading, by a vote of 6-0-0, based on criteria and findings in Section VII of Staff's April 13, 2009 memorandum to the PEC, and evidence and testimony presented. STAFF RECOMMENDATION: On April 13, 2009 the Planning and Environmental Commission (PEC) forwarded a recommendation of approval, with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009, by a vote of 4-0-1 (Kjesbo recused). ATTAC H M ENTS Staff Report Attachment A: Ordinance 10 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 19, 2009 SUBJECT: Second Reading of Ordinance No. 10, Series of 2009 adopting a major amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract B, Vail Village Filing 7, and setting forth details in regard thereto. (PEC090009) Applicant: Pinos Del Norte Homeowners Association, represented by Fritzlen Pierce Architects Planner: Nicole Peterson/ Warren Campbell I. DESCRIPTION OF THE REQUEST This is a proposed major amendment to SDD No. 2, Northwoods, which requires a recommendation by the Planning and Environmental Commission (PEC) and an ordinance review and approval by Town Council under Section 12-9A, Special Development District, Vail Town Code. The applicant is proposing the following improvements to the Pinos Del Norte building and property, which comply with all zoning and land use requirements: Proposed Improvements: Common lobby addition (280 s� Reconfiguration and increase of existing outdoor storage lockers (16 to 20) Boiler room remodel and addition (14 s� Heated pavers and reconfigured sidewalk and patio Porte cochere (15' x 19' roo� Exterior garage doors, farade and retaining walls Landscaping improvements at garage entrance and lobby II. BACKGROUND On May 5, 2009 the Vail Town Council approved Ordinance No. 10, Series of 2009 on first reading, by a vote of 6-0-0, based on criteria and findings in Section VII of Staff's April 13, 2009 memorandum to the PEC, and evidence and testimony presented. III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On April 13, 2009 the Planning and Environmental Commission (PEC) forwarded a recommendation of approval, with conditions to the Vail Town Council of Ordinance No. 10, Series of 2009, by a vote of 4-0-1 (Kjesbo recused), based on criteria and findings in Section VII of Staff's April 13, 2009 memorandum to the PEC, and evidence and testimony presented. Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on second reading, the PEC recommends the Vail Town Council pass the following motion: 1 K-�-1 "The Vail Town Council approves, with conditions, on first reading, Ordinance No. 10, Series of 2009, an ordinance to allow a major amendment to Special Development District No. 2, Northwoods, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for a lobby addition and locker reconfiguration; located at 600 Vail Valley Drive (Pinos Del Norte, Building C)/Part of Tract 8, Vail Village Filing 7, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on second reading, the PEC recommends the Vail Town Council approve with the following conditions: 1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property. 2. DRB approval: The applicant shall receive final review and approval of the proposed development plan, by the Town of Vail Design Review Board, prior to application of a building permit. 3. ERWS Encroachment: The applicant shall receive final review and approval of an encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water and Sanitation District, prior to issuance of a building permit. 4. Fire Safety: The applicant shall receive final review and approval of a �re safety plan for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire Department, prior to issuance of a building permit. 5. Revocable ROW.� The applicant shall receive final review and approval of a revocable right-of-way permit for any landscaping or improvements in the right-of- way, by the Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy. Should the Vail Town Council choose to approve Ordinance No. 10, Series of 2009, on second reading, the PEC recommends the Vail Town Council makes the following findings: 1. That the amendment complies with the design criteria, based upon the review outlined in Section Vll of Staff's April 13, 2009 memorandum to the PEC; and 2. That the amendment is consistent with the applicable elements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section Vll of Staff's April 13, 2009 memorandum to the PEC; and 3. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, based upon the review outlined in Section Vll of Staff's April 13, 2009 memorandum to the PEC; and 4. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section Vll of Staff's April 13, 2009 memorandum to the PEC. IV. ATTACHMENTS A. Draft Ordinance No. 10, Series of 2009 2 ORDINANCE NO. 10 SERIES OF 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 1991, NORTHWOODS, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 2, NORTHWOODS IN ACCORDANCE WITH SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONSTRUCTION OF A LOBBY ADDITION, LOCKER RECONFIGURATION AND GENERAL IMPROVEMENTS, LOCATED AT 600 VAIL VALLEY DRIVE (PINOS DEL NORTE, BUILDING C)/ PART OF TRACT B, VAIL VILLAGE FILING 7; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Special Development District No. 2 was established June 4, 1974; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to amend and re-establish Ordinance No. 33, Series of 1991, to amend the development plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements; and WHEREAS, the Planning and Environmental Commission, at their April 13, 2009 meeting recommended to Town Council by a vote of 4-0-1 (Kjesbo recused) to approve, with conditions the proposed amendment to Special Development District No. 2. WHEREAS, the proposed major amendment complies with the design criteria set forth in the Zoning Regulations for amendments to a Special Development District; and WHEREAS, the proposed major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 1 Ordinance No. 10, Series of 2009 8-2-1 WHEREAS, the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the proposed major amendment promotes the health, safety, morals, and general welfare of the Town, and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: *All additions are illustrated with bold italics and deletions are illustrated with c4riLo4hrni ,,.h co�+i.,n vcvavrrT Section 1 Purpose A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities, and promote the objectives of the zoning ordinance of the town. Ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, an environmental impact report indicates that the special development will not have a substantial negative effect on the Town or its inhabitants, the development is regarded as complementary to the Town by the Town Council, Planning and Environmental Commission, and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. 2 Ordinance No. 10, Series of 2009 g_2_? Section 2 Established Special Development District No. 2, Northwoods was established under the provisions of the original Vail Zoning Code, specifically Chapters 18.02 and 18.6, Special Development District. The development standards for Special Development District No. 2 were established and adopted by the Town Council on June 4, 1974 through Ordinance No. 6, Series of 1974. Subsequent amendments have been adopted through the following ordinances: Ordinance No. 6, Series of 1982, to allow major arcades as conditional uses and minor arcades as accessory uses. Ordinance No. 33, Series of 1991, to allow the construction of a new lounge, storage lockers, boulder retaining wall, sidewalk and landscaping. Ordinance No. 10, Series of 2009, to allow for a lobby addition, locker reconfiguration and site improvements at Pinos Del Norte, Building C. 3 Ordinance No. 10, Series of 2009 8-2-3 Section 3 -Development Plan Adopted The following documents comprise the development plan for Special Development District No. 2, Northwoods: 1. The development plan of Vail Associates, Inc., for its Northwoods development. The development plan includes but is not limited to the following data: a. The environmental impact report, which was submitted to the zoning administrator in accordance with Chapter 18.56; b. Existing and proposed contours after grading and site development having contour intervals of not more than two feet where the average slope on the site is twenty-five percent or less, and contour intervals of not more than five feet where the average slope on the site is greater than twenty-five percent. Supplemental documentation of proposed contours shall be submitted to the zoning administrator with the plans or each phase of the development; c. A site plan, at a scale of one inch equals thirty feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and ail principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking and loading areas; d. A preliminary landscape plan, at a scale of one inch equals thirty feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor 4 Ordinance No. 10, Series of 2009 8-2-4 recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements; e. Preliminary building elevations, sections, and floor plans, at a scale of one-eighth inch equals one foot or larger, in sufficient detail to determine gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed buildings shall be submitted on a phase basis; f. An architectural model of the site and the proposed ,development, photographs, at a scale of one inch equals thirty feet or larger, portraying the scale and relationship of the development to the site, and illustrating the form and mass of structures in the development; g. Since phased construction is contemplated, a program must be submitted indicating order and timing of construction phases, phasing of recreational amenities, and proposals for Interim development: 2. The amended Development Plan for Special Development District No. 2, Northwoods, specifically the Pinos Del Norte Condominiums (Building C), to allow for the construction of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009. Section 4 �.^�o Permitted Uses The following uses shall be permitted in the SDD No. 2 district: A. A maximum of one hundred thirty-nine dwelling units; 5 Ordinance No. 10, Series of 2009 8-2-5 B. A maximum of six dwelling units to house onsite management personnel. Section 5 �.^�o Conditional Uses The following conditional uses shall be permitted in the SDD No. 2 district, subject to issuance of a conditional use permit in accordance with the provisions of Section 12-16, Conditional Use Permits, Vail Town Code. A. Private clubs and civic, cultural and fraternal organizations; B. Ski lifts and Tows, C. Public buildings, grounds and facilities; D. Public park and recreational facilities. E. Major arcade, so long as it does not have any exterior frontage on any public way, street, walkway, or mall area. Section 6 Accessory Uses The following accessory uses shall be permitted in the SDD No. 2 district: A. Private underground garages, swimming pools, patios, or recreational facilities customarily incidental to permitted residential uses; B. Meeting room and ancillary facilities not to exceed three thousand square feet of floor area; C. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12-14-12, Home Occupations, Vail Town Code �9; 6 Ordinance No. 10, Series of 2009 8-2-6 D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary far the operation thereof. F. Minor arcade. Section 7��.�-^� Lot Area and Site Dimensions in Con4inn �sz n� n�n Site Area (Pinos Del Norte): .8024 acres/ 34,952.54 square feet (Pinos Del Norte 2005 survey) Site Area (Northwoods): 4.97 acres/ 216,388.65 square feet (Northwoods 1999 survey) Total Site Area (SDD No. 2): 5.77 acres/ 251,507.54 square feet Section 8 Setbacks f r .��x The required setbacks shall be as indicated in the development plan, or�e+�� a minimum of ten feet. Section 9��.^�� Distance Between Buildinqs The minimum distances between all structures shall be as indicated in the development plan, being a minimum of thirty feet. F Section 10 Heiqht The maximum height of buildings shall be forty-five feet. Section 11 Densitv 7 Ordinance No. 10, Series of 2009 8-2-7 The combined gross residential floor area (GRFA) of all buildings constructed in special district 2 shall not exceed one hundred seventy-five thousand square feet. Section 12 ���'I-�� Buildinq Bulk The maximum length of any wall of a building face shall be one hundred seventy-five feet with a minimum of seven and one-half feet for every eighty feet of wall length; and the maximum distance in the same plane between any two corners of a building shall be two hundred twenty-five feet. Section 13 ��'�4� Site Coveraqe Not more than twenty-five percent of the total site area may becovered by buildings. Section 14 Open Space A. Useable open space for dwelling units shall be required as indicated in the development plan, but in no case shall the useable open space requirements be less than as follows: 1. A minimum of one square foot of useable open space for each four feet of gross residential floor area; 2. Not less than one hundred fifty square feet of useable open space shall be provided for each dwelling unit. B. Useable open space may be common space accessible to more than one dwelling unit, or private space accessible to separate dwelling units, or a combination thereof. At least fifty percent of the 8 Ordinance No. 10, Series of 2009 8-2-8 required useable open space shall be provided at ground level, exclusive of required front setback areas. C. At least seventy-five percent of the required ground-level useable open space shall be common space. The minimum dimension of any area qualifying as ground level useable open space shall be ten feet. D. Not more than fifty percent of the useable open space requirement may be satisfied by balconies or roof decks. The minimum dimension of any area qualifying as non-ground-level useable open space shall be five feet, and any such area shall contain at least fifty square feet. Section 15 Landscapinq and Site Development A. At least sixty percent of the total site area shall be landscaped as provided in the development plan. B. Within any area exempted from onsite parking and/or loading requirements, property owners or applicants shall be required to contribute to the town parking fund, established by this section for the purpose of ineeting the demand and requirements for vehicle parking. At such time as any property owner or other applicant proposes to develop or redevelop a parcel of property within an exempt area which would require parking and/or loading areas, the owner or applicant shall pay to the town the parking fee required in this section prior to the issuance of a building permit far said development or redevelopment. 1. The parking fund established in this section shall receive and disburse funds for file purpose of conducting parking studies or evaluations, construction of parking facilities, the maintenance of 9 Ordinance No. 10, Series of 2009 8-2-9 parking facilities, the payment of bonds or other indebtedness far parking facilities, and administrative services relating to parking. 2. The parking tee to be paid by any owner or applicant shall be determined by the town council; provided in the event shall it be less than one thousand dollars per space, and in addition, that owners or applicants similarly situated shall be treated equally in any payer's funds are not used by the town for one of the purposes specified in subdivision within five years from the date of payment, the unused portion of the funds shall be returned to the payer upon his application. 3. In accounting far the funds expended from the parking fund, the finance department shall use a first in/first out rule. 4. If any parking funds have been paid in accordance with this section and if subsequent thereto a special or general improvement district Is formed and assessments levied for the purpose of paying for parking improvements, the payer shall be credited against the assessment with the amount previously paid. z Section 16 Parkinq and Loadinq A. The quantity of off-street parking and loading facilities shall be provided in accordance with Section 12-10, Off Street Parking and Loading, Vail Town Code. rh�„+or Q F� At least eighty-five percent of the required parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view; and provided, further, that no required parking shall be exposed surface parking unless such is necessary and approval therefore is attained from the planning commission. G. No parking or loading area shall be located in any required front setback area, 10 Ordinance No. 10, Series of 2009 8-2-10 Section 17 Conditions of Approval The following conditions shall apply to the approval of the proposed lobby addition, locker reconfiguration and site improvements, according to plans prepared by Fritzlen Pierce Architects, dated April 24, 2009, located at Pinos Del Norte, Building C: 1. Signs: The applicant shall receive final review and approval of a sign permit for any proposed sign, by the Town of Vail Design Review Board, prior to installation of any signs on the property. 2. DRB approval: The applicant shall receive final review and approval of the proposed development plan, by the Town of Vail Design Review Board, prior to application of a building permit. 3. ERWS Encroachment: The applicant shall receive final review and approval of an encroachment agreement for the proposed lockers in the utility easement, by the Eagle River Water and Sanitation District, prior to issuance of a building permit. 4. Fire Safety: The applicant shall receive final review and approval of a fire safety plan for any proposed changes or alterations to the fire alarm and fire sprinkler systems, by the Town of Vail Fire Department, prior to issuance of a building permit. 5. Revocable ROW.• The applicant shall receive final review and approval of a revocable right-of-way permit for any landscaping or improvements in the right-of-way, by the Town of Vail Public Works Department, prior to issuance of a Certificate of Occupancy. 11 Ordinance No. 10, Series of 2009 8-2-11 Section 18 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. ti Section 19 The repeal and reenactment of any provision of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, or violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under of by virtue of the provision repeated or repealed and reenacted. The repeat of any provision hereby shall not revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. Section 20 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed la revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. 12 Ordinance No. 10, Series of 2009 8-2-12 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of May, 2009 and a public hearing for second reading of the Ordinance set for the 19th day of May 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of May, 2009. ,.{{{{{{{{{{{{G Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk R 13 Ordinance No. 10, Series of 2009 8-2-13 e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Second reading of Ordinance No. 11, Series of 2009, an ordinance to amend Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail, and setting forth details in regard thereto. PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2009, upon second reading. BACKGROUND: The applicant, the Vail Valley Foundation, applied for a prescribed regulations amendment to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the use of large banners on buildings under construction to advertise community events. On April 13, 2009, the Town of Vail Planning and Environmental Commission failed to pass a motion for a recommendation of approval to the Vail Town Council (2-3-0, Kjesbo, Kurz, Lindall opposed). Failure to pass a motion for a recommendation of approval is by default a recommendation of denial to the Vail Town Council. On May 5, 2009, the Vail Town Council unanimously approved Ordinance No. 11, Series of 2009 (6-0-0) with the following changes, which are reflected in the ordinance language: 1. Maximum of five signs within the Town of Vail at any time 2. One sign per building 3. Ninety (90) day maximum per sign 4. Sign removal maximum seven (7) days after event completion 5. Ordinance expires on September 30, 2009 ATTAC H M ENTS Ord 11 Series of 2009 TC Memo 051909 Ordinance No 11 Series 2009 AttachmentA MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: May 19, 2009 SUBJECT: Second reading of Ordinance No. 11, Series of 2009, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail, and setting forth details in regard thereto. (PEC090006) Applicant: Vail Valley Foundation Planner: Rachel Friede I. DESCRIPTION OF THE REQUEST The applicant, the Vail Valley Foundation, is requesting a second reading of Ordinance No. 11, Series of 2009, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail, and setting forth details in regard thereto. Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 11, Series of 2009 (see Attachment A), upon second reading. II. BACKGROUND The applicant, the Vail Valley Foundation, applied for a prescribed regulations amendment to Title 11, Sign Regulations, Vail Town Code, in order to facilitate the use of large banners on buildings under construction to advertise community events. On April 13, 2009, the Town of Vail Planning and Environmental Commission failed to pass a motion for a recommendation of approval to the Vail Town Council (2-3-0, Kjesbo, Kurz, Lindall opposed). Failure to pass a motion for a recommendation of approval is by default a recommendation of denial to the Vail Town Council. On May 5, 2009, the Vail Town Council unanimously approved Ordinance No. 11, Series of 2009 (6-0-0) with the following changes, which are reflected in the ordinance language: Maximum of five signs within the Town of Vail at any time One sign per building Ninety (90) day maximum per sign Sign removal maximum seven (7) days after event completion Ordinance expires on September 30, 2009 III. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2009, upon second reading. 1 9-1-1 Should the Town Council choose to approve this request, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 11, Series of 2009, an ordinance amending Title 11, Sign Regulations, Vail Town Code, pursuant to Section 11-3-3, Prescribed Regulations Amendment, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail, and setting forth details in regard thereto. Should the Town Council choose to approve this request, the Planning and Environmental Commission recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented, the Town Council finds: 1. That the amendments are consistent with the applicable elements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendments further the general and specific purposes of the Development Standards outlined in Section 11-1-1, Purpose and Intent, Vail Town Code; and 3. That the amendments promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. IV. ATTACHMENTS A. Ordinance No. 11, Series of 2009 2 9_�_? ORDINANCE NO. 11 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 11, SIGN REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 11-3-3, PRESCRIBED REGULATIONS AMENDMENT, VAIL TOWN CODE, TO ESTABLISH REGULATIONS FOR TEMPORARY BUILDING BANNER SIGNS WITHIN THE TOWN OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the applicant, the Vail Valley Foundation, requests that the Vail Town Council amend Title 11, Sign Regulations, Vail Town Code, to establish regulations for temporary building banner signs within the Town of Vail in order to promote community events; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on April 13, 2009 and reviewed and failed to pass a recommendation of approval to the Vail Town Council for the proposed text amendments to the Sign Regulations in accordance with the procedures and criteria and findings outlined in Section 11-3-3 of the Vail Town Code; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section V of the Staff inemorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Sign Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff inemorandum to the Planning and Environmental Commission dated April 13, 2009, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Title 11, Sign Regulations in order to establish regulations for temporary building banner signs. Section 2. Section 11-2-1, Definitions, Vail Town Code is hereby amended as follows (Text that is to be deleted is �sl�e�. Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 11, Series of 2009, first reading 9-2-1 Sign, Temporary Building Banner. A"banner-type" display attached to a building under construction that is composed of graphics and tent elements to advertise community events Section 3. Section 11-7-15, Temporary Building Banner Signs, is hereby established as follows (text to be deleted is in cfriliafhrni�ivh text that is to be added is bold): Section 11-7-15, Temporary Building Banner Signs A. Purpose: The purpose of this section is to provide regulations for temporary building banner signs, which may be erected on buildings under construction to provide advertisement for community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. B. Applicability: Temporary building banner signs may be allowed on buildings with a valid building permit for new construction or a demo/rebuild in commercial and business districts, as listed in Section 12-7, Vail Town Code, to advertise community events that have a Town of Vail Special Events Permit and/or receive sponsorship from the Town of Vail Commission on Special Events. C. Number. No more than one temporary building banner sign shall be permitted per structure. At any time, only five (5) signs may be permitted within the Town of Vail. D. Size: The total combined size of the temporary building banner signs shall not exceed 1500 square feet per development site. The maximum size of graphics and text associated with the building on which the sign is erected shall not exceed the allowable size of the building identification sign, as outlined in 11-6-4. The combined area of tent associated with the community event and graphics and text associated with sponsors of the community event shall not exceed 30% of the area of each sign. E. Content: The temporary building banner sign may only include the following: 1. Graphics and text associated with community event, including one (1) website address and one (1) contact phone number 2. Graphics and tent associated with sponsors of the community event 3. Graphics and text associated with the building in which the sign is affixed, which shall not include any phone number or website F. Location: Temporary building banner signs shall be affixed parallel to the building fa�ade and attached to scaffolding, an enterior weatherization barrier, or to the enterior of the building. Temporary building banner signs shall not extend above the eave line of the building. G. Duration: The signs may be erected for up to ninety (90) days, and only while the building has an active building permit for new construction or a demo/rebuild, as defined by Section 12-2-2. Temporary building banner signs shall be removed within seven (7) calendar days of the completion of the advertised community event. H. Material: The temporary building banner sign shall be fire retardant material. I. Lighting: No lighting shall be allowed. Construction lighting shall not be directed to illuminate the temporary building banner signs. J. Termination Of Section: The authority granted pursuant to this section shall terminate on September 30, 2009, unless sooner extended or terminated by separate ordinance of the council. 2 Ordinance No. 11, Series of 2009, first reading 9_2_? Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5 th day of May, 2009 and a public hearing for second reading of this Ordinance set for the 19 day of May, 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 19th day of May, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 3 Ordinance No. 11, Series of 2009, first reading 9-2-3 e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Resolution No. 14, a resolution approving the increased fees in the provision of fire protection services out of town limits; and setting forth details in regard thereto. PRESENTER(S): Judy Camp Mike McGee ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 14 increasing the fees charged for fire protection services outside of town limits. No formal action is required on other fees, which are presented for Town Council's review before implementation. BACKGROUND: Town Council has asked for a review of fees charged for town services to assure the town's costs are recovered. Fees currently charged do not recover the town's costs. The proposed fee schedule increases fees to a level appropriate for 2009. STAFF RECOMMENDATION: Approve Resolution No. 14 as presented. ATTAC H M ENTS Resolution No. 14, Series of 2009 Fire Fees RESOLUTION NO. 14 Series of 2009 A RESOLUTION APPROVING THE INCREASED FEES IN THE PROVISION OF FIRE PROTECTION SERVICES OUT OF TOWN LIMITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town of Vail Fire Department responds to requests for fire protection services out of the Town limits; and WHEREAS, the fees for the provision of fire protection services outside of the Town limits should be increased to reflect the increased cost of the provision of such services, and to compensate for inflation; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting these regulations. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town of Vail Fire Department to increase the fees for fire protection services outside of Town of Vail limits as set forth in the Out of Corporate Limits Fee Schedule attached hereto as Exhibit A. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19 day of May, 2009. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 14, Series 2009 10-1-1 EXHIBIT A VAIL FIRE EMERGENCYS'ERVICES OUT OF CORPORATE LIMITS FEE SCHEDULE 2009 Fees for calls for service to locations outside of the corporate limits of the Town of Vail shall be billed according to the schedule. Two rates are available. I. Hourly Rate Calls for service other than emergencies and routine responses within the corporate limits of the Town of Vail may be billed at an hourly rate with a minimum charge of�one hour. Rates are as follows: Engines (Pumpers) $517.00 Ladder Trucks $775.12 Brush Trucks $140.00 Personnel costs will be billed at a rate of $72. 00 per person, one hour minimum. Note: Excludes mutual aide and automatic aide calls to other governmental jurisdictions and contracts with the State Forest Service and ZIS Forest Service. II. Fire Protection Contracts Property owners outside of the corporate limits of the Town of T�ail but in immediate proximity and within Vail Fire Emergency Services response area, may elect to enter into a contract for fire protection services. Such contracts must be executed prior to an incident for coverage to be effective. Fees for contracts for property outside of�the corporate limits shall be equivalent to 5. 0265 mills of the most recent assessed valuation as determined by the Eagle County Assessor's Office. Resolution No. 14, Series 2009 10-1-2 MEMORANDUM To: Town Council From: Matt Mire Mike Magee Judy Camp Date: May 14, 2009 Subject: Fire Department Fee Schedule On May 5, Council tabled Resolution No. 14, a resolution approving the increased fees in the provision of fire protection services out of town limits. Other fire department fees were discussed at the same time. We have now split the fee schedule into two separate parts: "In Town" fees, which are addressed in Resolution No. 16 attached to this memo, and "Out of Town" fees, which are addressed in Resolution No. 14 earlier on the agenda. Backqround Title 10 of the Municipal Code includes the code adoption sections for the Building Code, Mechanical Code, Fire Code, Electrical Codes and related codes. The 2003 edition of the Fire Code which the Town adopted by reference, includes Section 105.1.1 that states in part "Permit fees, if any, shall be paid prior to issuance of the permit." Prior to 2003, fire alarm and fire sprinkler permit fees were based on the electrical permit fees and plumbing permit fees respectively. We were only covering about 25% of the costs to execute the permits and inspections. In 2003, we initiated separate permit fees for fire alarm and fire sprinkler permits in an attempt to recover the costs of plan review and inspections. The 2009 edition of the Fire Code, which is currently under review by the Appeals Board in consideration for adoption by the Town Council later this year, includes Section 113.2 Schedule of Permit Fees, which states "All fees for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority." The proposed fee schedule has been adjusted to reflect the increased costs from 2003 to 2009. The base hourly rate went from $58 per hour to $72 per hour. The Fire Code also has provisions for "standby fire personnel" for special events by private promoters. The rate for standby personnel has been increased from $36 per hour for fire fighters and $48 for Officers to a flat rate of $72 per hour each. Fees for copies of fire reports have been changed to more closely align with fees charged by the Police Department at a rate of $1.00 for the first page and $.25 for each thereafter. Fees for CD's and DVD's reflect the estimated time to collect the data and process it for distribution. io-2-i Fees for the use of fire department apparatus outside of the normal services provided are included. While this type of activity is rare, the rates reflect current operating costs and are consistent with fees for "out of district" responses. io-2-2 e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Resolution No. 15, Series of 2009, a resolution adopting an amended budget and making appropriations to pay the costs, expenses and liabilities of the Vail Local Marketing District, for its fiscal year January 1, 2009 through December 21, 2009. PRESENTER(S): Kathleen Halloran Kelli McDonald ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution No. 15, Series of 2009, adjusting the 2009 Vail Local Marketing District Budget. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Staff recommends that Town Council approves or approves with amendments Resolution No. 15, Series of 2009 ATTAC H M ENTS Memo for Resolution No. 15 Memo To: Town Council From: Vail Local Marketing District Advisory Council Date: 05/19/09 Re: Vail Local Marketing District Budget Adjustments The Vail Local Marketing District Advisory Council (VLMDAC) recommends that the Town Council approve Resolution 15, Series 2009, amending the 2009 budget. Please refer to Exhibit A for a comprehensive look at the proposed 2009 budget, which has been adjusted for the following: 1) A decrease to budgeted revenue of $220,000 for projected lodging tax collections, representing a 20% decrease from 2008 actual collections. 2) A decrease to budgeted expenditures of $120,500 in the following categories: Category Account code Adjustment %age Reduction Opportunity Fund 6321 $(74,000) 100% Contingency 6400 (7,500) 100% Website 7009 (10,000) 10% Strategic Advisory Fees 7010 (2,000) 8% Public Relations Expenses 6304 (6,500) 5% Travel Trade Shows 6303.04 (4,000) 5% Photography 6306 (3,500) 5% Group Print Advertising 6303.01 (3,000) 5% Asset Marketing 6318 (500) 5% Partnerships/Strategic 6301.09 (2,500) 3% Alliances Front Range Media 6302.20 (7,000) 2% Total $(120,500) The Opportunity and Contingency funds were eliminated entirely and no program is unduly impacted by spreading the reductions across these line items. 3) Fund balance is recommended to stay above 25%, and these adjustments keep a healthy balance of 30%. 11-i-1 Vail Local Marketing District 2009 Budget 2008 2009 2nd 2009 Actual Amended Supplemental Proposed Income 310 Lodging Tax 2,179,300 1,965,000 (22Q000) 1,745,000 313� Otherincome 579,926 399 Interest Income 8,877 6,025 6,025 Total Income 2,768,103 1,971,025 (22Q000) 1,751,025 Expense 6301 Destination 6301.01 Advertising 256,124 158,000 158,000 6301.09 Partnerships I Stretegic Alliance 72,575 (2,500) 7Q075 6301.20 Advertising Winter 121,201 121,201 Tota16301 Destination 256,124 351,776 (2,500) 349,276 6302�Front Range 6302.06 Advertising 630220 Front Range Media 8 Search 162,500 (7,000) 155,500 6302.21 Front Range Creative 36,000 36,000 6302A6 Advertising Total 29Q620 198,500 (7,000) 191,500 6302.07 Promotions 6302.30 Front Range Creative 28,000 28,000 6302.31 Front Range Acq Fulfillmt 12Q000 12Q000 6302.07 Promotions Total 24Q000 148,000 148,000 6302.18 Advertising Winter 102,379 97,621 97,621 Total 6302 Front Range 632,999 444,121 (7,000) 437,121 6303�Groups and Meetings 6303.01 Print Advertising 96,416 59,665 (3,000) 56,665 6303.03 Marketing Services 53,895 7Q000 7Q000 6303.OA TravellTradeshows 101,769 81,500 (4,000) 77,500 6303.05 Memberships 4,647 3,000 3,000 6303.11 Familiarization Trips 41,673 25,000 25,000 6303.15 Public Relations 15,000 1Q000 1Q000 6303.17 Direct Sales 12,000 97,835 97,835 Total 6303 Groups and Meetings 325,400 347,000 (7,000) 34Q000 6304 Public Relations Expenses 172,540 124,500 (6,500) 118,000 6305 FWfillment 3,026 3,000 3,000 6306 Photography 55,188 63,000 (3,500) 59,500 6307� Research 19,500 43,500 43,500 6310 Admin Miscellaneous 7,652 1Q000 1Q000 6311 Database Mgmt 8 Direct Mail 6311.01 Database Direct Mail Winter 178,799 6314 Collateral 9,000 6315 Web 8 Email Marketing 49,992 25,000 25,000 6316�Events 153,000 6316.01 Events Winter 5Q000 5Q000 6318 Asset Marketing 148,000 9,800 (500) 9,300 6320�Branding 22Q000 22Q000 6321� Opportuniry Fund 74,000 (74,000) 6400 Contingency 7,500 (7,500) 7000�ProfessionalFees 7001�Legaland Accounting 23,524 2Q000 2Q000 7003 Advertising Agent Fees 71,913 83,000 83,000 7004 Media Agency Fees 40,000 7007 Marketing Coordination-VVP/TOV 125,000 125,000 125,000 7008 PR Professional Fees 103,500 10Q000 10Q000 7009 Web Site 84,031 10Q000 (1Q000) 9Q000 7010 Strategic Advisory Fess 135,393 25,000 (2,000) 23,000 7011�Partnership Fees 7015 Ft Range Promotion Fees 5Q625 5Q625 7016 Strategic Alliance Fees 8 Trvl 5Q000 5Q000 7017 Asset Marketing Tota1 7011 Partnership Fees 12Q678 10Q625 10Q625 7012 Air Service 10,000 7013 Concierge Program 23,000 48,000 48,000 Tota1 7000 Professional Fees 737,040 601,625 (12,000) 589,625 Total Expense 2,748,260 2,374,822 (12Q500) 2,254,322 Net Income 19,843 (403,797) (503,297) Beginning Fund Balance 1,006,744 1,026,587 1,026,587 Ending Fund Balance 1,026,587 622,790 523,290 %age Fund Balance (25% required) 37 32 30 1 1 Ex�ibit�A RESOLUTIOI I O. 15 Series of 2009 A RESOLUTIOI APPROVII GTHE AMEI DED 2009 BUDGET FOR THE VAIL LOCAL MARKETII G DISTRICT, AI D AUTHORIZII G SAID ADJUSTMEI TS AS SET FORTH HEREII AI D SETTII G FORTH DETAILS II REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Resolution I o. 17, Series 2008, adopting the 2009 Budget for the Vail Local Marketing District (the "VLMD'� of Vail, Colorado; and WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of the amended VLMD budget was published in the VAIL DAILY on the 8th day of May, 2009. I OW THEREFORE, LET TT BE RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: Section 1. The Council approves the amended budget of the VLMD for the 2009 budget, attached hereto as Exhibit A. Section 2. The Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 3. This Resolution shall be effective immediately upon adoption. II TRODUCED, READ, APPROVED AI D ADOPTED this 2nd day of June, 2009. Attested: Signed: Lorelei Donaldson, Town Clerk Dick Cleveland, Town Mayor Resolution No. 15, Series 2009 11-1-3 e� �STiI i VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: May 19, 2009 ITEM/TOPIC: Discussion of Resolution No. 16, Series of 2009, a Resolution Approving the Increase in the Fee Schedule for Vail Fire Emergency Services; and Setting forth Details in Regard Thereto. PRESENTER(S): Judy Camp Mike McGee ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Resolution No. 16 increasing the fee schedule for Vail Fire and Emergency services. BACKGROUND: The Town has adopted the International Fire Code (the "Fire Code") under Title 10 of the Town of Vail Municipal Code. The Fire Code provides that a fee be paid for each permit in accordance with the schedule as established by the appicable governing authority. Periodically such fees should be adjusted to reflect the cost of the provisions of such services and to compensate for inflation. STAFF RECOMMENDATION: Approve Resolution No. 16, Series of 2009. ATTAC H M ENTS Resolution No. 16, Series of 2009 Resoution No. 16, Series of 2009 MEMORANDUM To: Town Council From: Matt Mire Mike Magee Judy Camp Date: May 19, 2009 Subject: Fire Department Fee Schedule On May 5, Council tabled Resolution No. 14, a resolution approving the increased fees in the provision of fire protection services out of town limits. The purpose of this memo is to answer your questions from the May 5 meeting and provide additional background. We have split the fee schedule into two separate parts: "In Town" fees and "Out of Town" fees. Backqround Title 10 of the Municipal Code includes the code adoption sections for the Building Code, Mechanical Code, Fire Code, Electrical Codes and related codes. The 2003 edition of the Fire Code which the Town adopted by reference, includes Section 105.1.1 that states in part "Permit fees, if any, shall be paid prior to issuance of the perm it." Prior to 2003, fire alarm and fire sprinkler permit fees were based on the electrical permit fees and plumbing permit fees respectively. We were only covering about 25% of the costs to execute the permits and inspections. In 2003, we initiated separate permit fees for fire alarm and fire sprinkler permits in an attempt to recover the costs of plan review and inspections. The 2009 edition of the Fire Code, which is currently under review by the Appeals Board in consideration for adoption by the Town Council later this year, includes Section 113.2 Schedule of Permit Fees, which states "A fees for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority." The proposed fee schedule has been adjusted to reflect the increased costs from 2003 to 2009. The base hourly rate went from $58 per hour to $72 per hour. The Fire Code also has provisions for "standby fire personnel" for special events by private promoters. The rate for standby personnel has been increased from $36 per hour for fire fighters and $48 for Officers to a flat rate of $72 per hour each. iz-i-� Fees for copies of fire reports has been changed to more closely align with fees charged by the Police Department at a rate of $1.00 for the first page and $.25 for each thereafter. Fees for CD's and DVD's reflect the estimated time to collect the data and process it for distribution. Fees for the use of fire department apparatus outside of the normal services provided are included. While this type of activity is rare, the rates reflect current operating costs and are consistent with fees for "out of district" responses. iz-i-2 RESOLUTION NO. 16 Series of 2009 A RESOLUTION APPROVING THE 1NCREASE 1N THE FEE SCHEDULE FOR VAIL FIRE EMERGENCY SERVICES; AND SETTING FORTH DETAIL 1N REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of eagle and State of Colorado is a home rule municipal corporation duly organized and e�sting under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town has adopted the International Fire Code (the "Fire Code") under Title 10 of the Town of Vail Municipal Code (the "Municipal Code"); and WHEREAS, Section 105.1.1 of the 2003 edition and Section 113 of the 2009 edition of the Fire Code provides that a fee be paid for each permit in accordance with the schedule as established by the applicable governing authority; and WHEREAS, such fees should be periodically adjusted to reflect the cost of the provisions of such services and to compensate for inflation; and WHEREAS, the Town Council finds and determines that the public health, safety and welfare will be served by adopting these regulations. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes Vail Fire Emergency Services to increase the fees for permits and services authorized under the Fire Code as set forth in the Fee Schedule attached hereto as Exhibit A Section 2. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19 day of May, 2009. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk Resolution No. 16, Series of 2009 12-2-1 EXHIBIT A VAIL FIRE EMERGENCYSERVICES FEE SCHEDULE 2009 I. Permits Fire Alarm Permits Minimum Permit Fee$288 Fee Valuation 3.75% Fire Sprinkler Permits $432 Fee Valuation 4.25% Permits issued under a Scope of Work letter shall be assessed a fee not less than $144. 00 and may be increased at a rate of $72 per hour for inspections, revisions, and similar elements. Re-inspection and plan review for re-submittals shall be billed at $72. 00 per hour. Operational Permits, Special Event Permits, and Construction Permits other than those required for Fire Alarm and Fire Sprinkler systems, issued under provisions of the International Fire Code shall be based on an hourly rate of $72. 00 per hour per person for site inspections, plan review, and permit processing. II. Fire Reports Copies of fire reports shall be charged out at $1. 00 for the first page and $.25 for each additional page for NFIRS reports and black and white copies of photos and other attachments printed on copier(s). Mailing charges shall be added and labor in half hour increments at $72.00/hour. Copies of fire reports and photos on CD/DVD shall be charged at a rate of $39. 00 each plus mailing costs. CD/DVD's are subject to agreement on forma� Hourly Rate Calls for service other than emergencies and routine responses within the corporate limits of �the Town of Vail may be billed at an hourly rate with a minimum charge of one hour. Rates are as follows: Engines (Pumpers) $517.00 Resolution No. 16, Series of 2009 12-2-2 Ladder Trucks $775.12 Brush Trucks $140.00 Personnel costs will be billed at a rate of $72. 00 per person, one hour minimum. Note: Excludes mutual aide and automatic aide calls to other governmental jurisdictions and contracts with the State Forest Service and tIS Forest Service. IV. Standby Personnel Standby fire personnel shall be billed at a rate of $72. 00 per hour per person. Resolution No. 16, Series of 2009 12-2-3