HomeMy WebLinkAbout2012-07-03 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., JULY 3, 2012
NOTE: Times of items are approximate, subject to change, and cannot
be relied upon to determine at what time Council will consider
an item.
1.
ITEM/TOPIC: Citizen Participation (15 min. )
PRESENTER(S): Public
2.
ITEM/TOPIC: Town Manager Report:
Fire Department: Fire Restriction Update
Eagle River Water & Sanitation District (ERWSD): Water Restriction Update
(10 min.)
PRESENTER(S): Mark Miller, Fire Chief and Diane Johnson, ERWSD
3.
ITEM/TOPIC: Resolution No. 24, Series of 2012, a resolution authorizing
the Town Manager to execute a pre-construction and construction services
agreement on behalf of the Town of Vail with G. E. Johnson Construction
Company for certain pre-construction and construction services related to the
Town of Vail municipal site redevelopment, and setting forth details in regard
thereto. (30 Minutes)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council is being
asked to approve, approve with modifications, or deny Resolution No. 24,
Series of 2012.
BACKGROUND: The Vail Town Council has partnered with the Vail Valley
Medical Center, the Steadman Clinic and the Steadman Philippon Research
Institute to redevelop the Town's municipal site located at 75 South Frontage
Road. Upon doing so, the Town Council has since taken actions to carry out
the intent of the redevelopment project. The selection of a general
contractor to complete pre-construction and construction services is a
necessary step in the redevelopment process. G.E. Johnson Construction
Company successfully competed in an RFP process to provide pre-
construction and construction services. In the end, the general contractor
selection committee recommended G.E. Johnson Construction Company out
of the five respondents to the RFP. The selection committee found that G.E.
Johnson most closely met the eight adopted selection and evaluation criteria.
STAFF RECOMMENDATION: The general contractor selection committee
7/3/2012
recommends the Vail Town Council approves Resolution No. 24, Series of
2012, authorizing the Town Manager to execute a pre-construction and
construction services agreement on behalf of the Town of Vail with G. E.
Johnson Construction Company for certain pre-construction and construction
services related to the Town of Vail municipal site redevelopment.
4.
ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2012, an
ordinance amending the Official Zoning Map to rezone the Vail Golf Course
Clubhouse Parcel from the Outdoor Recreation District to the General Use
District, located at 1778 Sunburst Drive/Vail Golf Course Clubhouse Parcel,
and setting forth details in regard thereto. (5 minutes)
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The applicant requests the Vail Town
Council table second reading of Ordinance No. 8, Series of 2012, to its July
17, 2012, public hearing to allow the applicant additional time to obtain
information for the Council's review.
BACKGROUND: On June 5, 2012, the Vail Town Council approved the first
reading of Ordinance No. 8, Series of 2012, by a vote of 6-1-0 (Daly
opposed). On June 19, 2012, the Vail Town Council tabled this item to its
July 3, 2012 hearing, by a vote of 7-0-0.
STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council table second reading of Ordinance No.
8, Series of 2012, to its July 17, 2012, public hearing.
5.
ITEM/TOPIC: Vail Golf and Nordic Clubhouse Project Update including the
relocation of the 18th green with participation from the Vail Recreation
District Board. (90 min)
PRESENTER(S): Stan Zemler, Town of Vail; Pedro Campos and Dave
Kaselak with Zehren & Associates; and Representative(s) from Vail
Recreation District
ACTION REQUESTED OF COUNCIL: The Town Council is being asked to
provide direction to the design team on the Golf and Nordic Clubhouse
programming and revised design, as well a decision to include moving the
18th green as part of the project.
BACKGROUND: The Golf Course and Nordic Center Clubhouse remodel
project is a partnership between the Town of Vail (TOV) and the Vail
Recreation District (VRD). The project envisioned a significant remodel of
the existing clubhouse and addition to provide event space and support
areas. The project is being funded with a portion of the conference center
fund ballot initiative which received overwhelming support of 80 % in favor
from the electorate last fall. The event space addition is an effort to sustain
and grow Vail’s economy. On June 5, the Vail Town Council, in reviewing
the Vail Golf and Nordic Clubhouse project requested the following:
*Redesign the site plan to have no parking in the area of the current 18th
green; and
*Clarify the building program to ensure it is sized appropriately for a 200
person event.
*There was subsequent interest in the impact to the site plan design if the
7/3/2012
18th hole remained.
*The Vail Recreation Districrt requested to address the Town Council
regarding operations of the facility.
STAFF RECOMMENDATION: Staff recommendation is:
* Proceed with the building design as previously presented to the town
council;
* Provide parking as presented in the revised design;
* Relocate the 18th hole as designed by the Vail Recreation District;
* Provide direction or set a meeting to discuss the operational issues of the
expanded Vail Golf and Nordic Clubhouse.
6.
ITEM/TOPIC: Matterhorn Bridge Replacement Award (15 min.)
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: See Memorandum
BACKGROUND: See Memorandum
STAFF RECOMMENDATION: See Memorandum
7.
ITEM/TOPIC: Second Reading of Ordinance No. 7, Series of 2012, an
ordinance repealing and reenacting 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 one existing fractional fee club unit to one dwelling unit, located
at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D,
Vail Village Filing 1, and setting forth details in regard thereto. (5 minutes)
PRESENTER(S): Rachel Dimond, Dominic Mauriello
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Ordinance No. 7, Series of
2012, upon second reading.
BACKGROUND: On May 12, 2012, the Planning and Environmental
Commission (PEC) recommended approval, with conditions, to the Vail Town
Council for a major amendment to Special Development District No. 6. The
PEC also approved, with conditions, the amendment to an existing
conditional use permit for the reduction in fractional fee units. Should
Ordinance No. 7, Series of 2012 be approved, The Sebastian will be
permitted to increase the number of dwelling units from one to two and
decrease the number of fractional fee units from 50 to 49. On June 19, the
Vail Town Council unanimously approved Ordinance No. 7, Series of 2012
upon first reading.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves, with conditions,
Ordinance No. 7, Series of 2012, upon second reading. Staff recommends
the following conditions be placed on the approval:
1. The applicant shall amend all applicable condom inium maps to reflect the
change in use and cause said maps to be recorded in the office of the Eagle
County Clerk and Recorder within 90 days of approval of the major
amendment to the special development district application.
7/3/2012
2. The applicant shall ensure that loading and delivery doors be closed at all
times when not in use, pursuant to 14-10-10E, Vail Town Code.
8. ITEM/TOPIC: Adjournment (8:50 p.m.)
7/3/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 3, 2012
ITEM/TOPIC: Town Manager Report:
Fire Department: Fire Restriction Update
Eagle River Water & Sanitation District (ERWSD): Water Restriction Update
PRESENTER(S): Mark Miller, Fire Chief and Diane Johnson, ERWSD
7/3/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 3, 2012
ITEM/TOPIC: Resolution No. 24, Series of 2012, a resolution authorizing the Town Manager
to execute a pre-construction and construction services agreement on behalf of the Town of
Vail with G. E. Johnson Construction Company for certain pre-construction and construction
services related to the Town of Vail municipal site redevelopment, and setting forth details in
regard thereto.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to approve,
approve with modifications, or deny Resolution No. 24, Series of 2012.
BACKGROUND: The Vail Town Council has partnered with the Vail Valley Medical Center,
the Steadman Clinic and the Steadman Philippon Research Institute to redevelop the Town's
municipal site located at 75 South Frontage Road. Upon doing so, the Town Council has
since taken actions to carry out the intent of the redevelopment project. The selection of a
general contractor to complete pre-construction and construction services is a necessary step
in the redevelopment process. G.E. Johnson Construction Company successfully competed in
an RFP process to provide pre-construction and construction services. In the end, the general
contractor selection committee recommended G.E. Johnson Construction Company out of the
five respondents to the RFP. The selection committee found that G.E. Johnson most closely
met the eight adopted selection and evaluation criteria.
STAFF RECOMMENDATION: The general contractor selection committee recommends the
Vail Town Council approves Resolution No. 24, Series of 2012, authorizing the Town Manager
to execute a pre-construction and construction services agreement on behalf of the Town of
Vail with G. E. Johnson Construction Company for certain pre-construction and construction
services related to the Town of Vail municipal site redevelopment.
ATTACHMENTS:
Memo
Resolution 24, Series of 2012
7/3/2012
TO: Vail Town Council
FROM: George Ruther, Director of Community Development
Stan Zemler, Town Manager
DATE: July 3, 2012
SUBJECT: General Manager/General Contractor Pre-Construction & Construction Services
I. PURPOSE
The purpose of this memorandum is to provide a summary of Resolution No. 24, Series
of 2012, a resolution authorizing the Town Manager to execute a pre-construction and
construction services agreement on behalf of the Town of Vail with GE Johnson
Construction Company for certain pre-construction and construction services related to
the Town of Vail Municipal site redevelopment.
II. SUMMARY
On January 17, 2012, the Vail Town Council executed a memorandum of understanding
with its redevelopment partners, the Vail Valley Medical Center, Steadman Clinic and
the Steadman Philippon Research Institute. The MOU, in part, expressed the Town’s
intent to construct a new municipal office building, shared below grade parking garage
and required off-site improvements.
On May 24, 2012, the Town and its partners received five responses to a request for
qualifications and proposals for construction management and general contractor
services to facilitate the redevelopment of the Town’s municipal site. Following careful
consideration of the five proposals based upon the prescribed selection and evaluation
criteria, the general contractor selection committee made its recommendation. The
committee, comprised of representation from the Town of Vail staff, Vail Town Council,
Vail Valley Medical Center, Steadman Clinic, Steadman Philippon Research Institute
and Triumph Development, recommends the Vail Town Council authorizes the Town
Manager to execute a pre-construction and construction services agreement on behalf
of the Town of Vail with GE Johnson Construction Company. GE Johnson Construction
Company is recommended because the selection committee found that they most
closely met the eight selection and evaluation criteria and will be able to complete the
redevelopment project consistent with the adopted goals for the project. GE Johnson
has proposed a Total General Conditions & Fees of $3,658,506, or approximately 8% of
an estimated $45,000,000 total redevelopment project cost based upon a total project
construction duration of 20 months. The Town of Vail will pay a pro rata share of the
Total General Conditions & Fees.
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7/3/2012
2
If approved, Resolution No. 24 authorizes the Town Manager to execute a pre-
construction and construction services agreement on behalf of the Town of Vail with GE
Johnson Construction Company for certain pre-construction and construction services
related to the Town of Vail Municipal site redevelopment. The agreement shall be
negotiated with the general contractor and subsequently drafted in a form acceptable to
the Town Attorney.
Does the Vail Town Council support the recommendation of the general
contractor selection committee to retain the pre-construction and construction
services of GE Johnson Construction Company for the completion of the
municipal site redevelopment project?
III. ACTION REQUESTED OF TOWN COUNCIL
The Vail Town Council is being asked to approve the adoption of Resolution No. 24,
Series of 2012, as read.
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7/3/2012
Resolution No. 24, Series of 2012 1
RESOLUTION NO. 24
SERIES 2012
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE A PRE-
CONSTRUCTION AND CONSTRUCTION SERVICES AGREEMENT ON BEHALF OF THE
TOWN OF VAIL WITH G.E. JOHNSON CONSTRUCTION COMPANY FOR CERTAIN PRE-
CONSTRUCTION AND CONSTRUCTION SERVICES RELATED TO THE TOWN OF VAIL
MUNICIPAL SITE REDEVELOPMENT; AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"),
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Vail Town Charter;
WHEREAS, the Town Council wishes to contract with G.E. Johnson Construction
Company for pre-construction and construction services for certain aspects of the
redevelopment of the property located at 75 South Frontage Road, Vail;
WHEREAS, the Town Council wishes to authorize the Town Manager to execute a pre-
construction and construction services agreement as contemplated by this Resolution, with an
agreement to be prepared and executed later.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
1. The Vail Town Council hereby authorizes the Town Manager to execute a pre-
construction and construction services agreement with G.E. Johnson Construction
Company for the completion of the municipal site redevelopment project upon
approval of the form of the agreement by the Town Attorney.
INTRODUCED, PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN
COUNCIL OF THE TOWN OF VAIL HELD THIS 3RD DAY OF JULY, 2012.
_____________________________
Andrew P. Daly, Town Mayor
ATTEST:
____________________________
Lorelei Donaldson, Town Clerk
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7/3/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 3, 2012
ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2012, an ordinance amending
the Official Zoning Map to rezone the Vail Golf Course Clubhouse Parcel from the Outdoor
Recreation District to the General Use District, located at 1778 Sunburst Drive/Vail Golf
Course Clubhouse Parcel, and setting forth details in regard thereto.
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The applicant requests the Vail Town Council table
second reading of Ordinance No. 8, Series of 2012, to its July 17, 2012, public hearing to allow
the applicant additional time to obtain information for the Council's review.
BACKGROUND: On June 5, 2012, the Vail Town Council approved the first reading of
Ordinance No. 8, Series of 2012, by a vote of 6-1-0 (Daly opposed). On June 19, 2012, the
Vail Town Council tabled this item to its July 3, 2012 hearing, by a vote of 7-0-0.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council table second reading of Ordinance No. 8, Series of 2012, to its July 17,
2012, public hearing.
7/3/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 3, 2012
ITEM/TOPIC: Vail Golf and Nordic Clubhouse Project Update including the relocation of the
18th green with participation from the Vail Recreation District Board.
PRESENTER(S): Stan Zemler, Town of Vail; Pedro Campos and Dave Kaselak with Zehren
& Associates; and Representative(s) from Vail Recreation District
ACTION REQUESTED OF COUNCIL: The Town Council is being asked to provide direction
to the design team on the Golf and Nordic Clubhouse programming and revised design, as
well a decision to include moving the 18th green as part of the project.
BACKGROUND: The Golf Course and Nordic Center Clubhouse remodel project is a
partnership between the Town of Vail (TOV) and the Vail Recreation District (VRD). The
project envisioned a significant remodel of the existing clubhouse and addition to provide
event space and support areas. The project is being funded with a portion of the conference
center fund ballot initiative which received overwhelming support of 80 % in favor from the
electorate last fall. The event space addition is an effort to sustain and grow Vail’s economy.
On June 5, the Vail Town Council, in reviewing the Vail Golf and Nordic Clubhouse project
requested the following:
*Redesign the site plan to have no parking in the area of the current 18th green; and
*Clarify the building program to ensure it is sized appropriately for a 200 person event.
*There was subsequent interest in the impact to the site plan design if the 18th hole remained.
*The Vail Recreation Districrt requested to address the Town Council regarding operations of
the facility.
STAFF RECOMMENDATION: Staff recommendation is:
* Proceed with the building design as previously presented to the town council;
* Provide parking as presented in the revised design;
* Relocate the 18th hole as designed by the Vail Recreation District;
* Provide direction or set a meeting to discuss the operational issues of the expanded Vail
Golf and Nordic Clubhouse.
ATTACHMENTS:
Vail Golf and Nordic Clubhouse Remodel Project Memorandum
Option 1
Option 2
Option 3
Relocated 18th Hole Design
Vail Golf Club/Nordic Center Redevelopment Tomeline Powerpoint
VRD Summary recommendation letter 070312
7/3/2012
TO: Vail Town Council
FROM: Stan Zemler, Town Manager,
Greg Hall, Director of Public Works
DATE: July 3, 2012
SUBJECT: Vail Golf and Nordic Clubhouse Remodel Project
I. PURPOSE
The purpose of this agenda item and Joint Session with the Vail Recreation Board
(VRD) is to present an update on the Golf and Nordic Center remodel project based on
design revisions to plans presented to the Vail Town Council at the June 5 meeting and
receive direction from the Town Council on both the project design and the relocation of
the 18th green.
Information to be presented includes:
• Revised site design, specifically parking lot design.
• New site plan depicting the impacts of the 18th hole remaining in place.
• Clarification of the building program with regard to event size.
• Acknowledgment of additional issues the VRD board would like addressed
regarding operations and lease.
The Golf Course and Nordic Center Clubhouse remodel project is a partnership
between the Town of Vail (TOV) and the Vail Recreation District (VRD). The project
envisioned a significant remodel of the existing clubhouse and addition to provide event
space and support areas. The project is being funded with a portion of the conference
center fund ballot initiative which received overwhelming support 80 % in favor from the
electorate last fall. The event space addition is an effort to sustain and grow Vail’s
economy.
The two staffs have worked with the design team from Zehren and Associates on the
project revisions.
This update provides the project design revisions as requested by the Town Council.
II. KEY POINTS OF THE PROJECT UPDATE
• A parking requirement of 115 cars is being assumed as a baseline to meet
the needs of the project based on the following information. A parking
study commissioned in 1985 for the clubhouse expansion project, stated
75 parking spaces were needed for the operations related to the golf
5 - 1 - 1
7/3/2012
2
course and clubhouse and 16 spaces for employees. The town code
requirement for parking is one parking space for each 120 SF of “seating
floor area” at “meeting rooms, convention facilities” resulting in an
additional 24 spaces. The total number of spaces based on this data is
then 115 parking spaces for the new project. The actual review and
approval of the parking requirement will be determined by the Planning
and Environment Council.
• The parking lot has been redesigned to meet the 115 parking space
number by expanding the existing parking lot and not requiring an
additional lot in the area of the 18th green as directed by the Town Council.
There are still adjustments to be made regarding loading and delivery, fire
access, golf operations, etc. however, staff and the design team are
confident these can be worked out. The design at this time, though does
not meet the requirement of 10% interior space being landscaped.
• There were questions as to whether the building specifically the event
space and support facilities were overdesigned. The event space and all
accessory spaces restrooms, kitchens, pre-convene space, and parking,
are designed only for up to 200 person events.
• The Vail Town Council as owner and decision maker for the Vail Golf and
Nordic Clubhouse project is being asked for direction and a final decision
on the movement of the 18th hole, which was thoroughly reviewed,
designed and approved by the Vail Recreation District.(attached). This
decision is critical to the overall project in multiple ways. It affects the
design of the building and site layout which is at a stand still without
further direction, this affects the ability to continue the entitlement and
construction document preparation and eventual construction of the
project within the timelines previously established. These timelines were
considered the most desirable to reduce construction risks and recreation
interruptions. The more pressing issue is the need to begin construction
on the relocated hole by early August to minimize disruption of only one
golf season regarding modifications to the golf course. The pros and cons
and staff and design team recommendation on the relocation of the 18th
hole will be discussed in greater detail below.
• Finally, the Vail Recreation District board has expressed a desire to
discuss with the Town Council the following issues regarding future
operations of the event space in the Golf and Nordic clubhouse to include
but not limited to who will operate the space, variable users and potential
rental categories, liquor permitting, any modifications to the current
TOV/VRD lease necessary if the operations differ from what exists today
III. 18TH HOLE RELOCATION DISCUSSION INCLUDING PROS AND CONS
The town and VRD staffs have been working with Zehren and Associates as well as two
golf course experts to understand the influence of the 18th hole on the design program
for the Golf and Nordic Clubhouse building and site layout.
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7/3/2012
3
• Safety of both recreation users and guests was key to all designs.
• A major starting point with the clubhouse design was to capture the most
dramatic views in Vail with regard to the Gore Range to the east and have the
event space be able to literally sell itself on taking advantage of this unbelievable
setting.
• Another component was to embrace the ability to have the spaces work both
indoors and outdoors in a near seamless experience between the two.
• Separation of event space users from Golf and Nordic users as much as possible
was critical.
• The ability to provide a logical flow for recreation users and to provide access on
the ground level was important.
• Enhance the sense of arrival of both event and recreation users.
As presented at the June 5 Town Council meeting the building design accomplishes all
of the design intent assuming the 18th hole is relocated. The revised site plan Option 1
18th hole relocated illustrates this well.
The design team has spent some time modifying the site plan and identifying issues and
design changes necessary, if the 18th hole is retained Site plan Option 2 illustrates the
scenario of the 18th hole remaining in place.
An important factor which is highlighted on the site plans is the ball flight safety zones.
Errant balls hit from the driving range clearing the fence and landing near the clubhouse
creates one zone.
The play of the 18th hole creates another safety zone. The ball flight safety zones are
areas which need to be avoided in the design of golf courses and clubhouse areas.
Over time these zones have been expanded in recognition enhancements to equipment
resulting in larger variances with regard to errant shots. Understanding errant shots
happen throughout the play of a round of golf, it is those areas where people linger for a
period of time which are of the most concern such as greens, tee boxes, start and finish
areas as well as all seating areas and buildings as well.
Included for the council’s consideration are pros and cons of either moving the hole or
leaving the hole as is and how this relates to the project. These were the compiled
together by the design team and both the staffs of the VRD and Town of Vail.
Pros of moving the 18th hole
• The current clubhouse sits in the 18th hole play approach ball flight safety zone,
moving the green removes this safety concern
• This allows for the best views and the outdoor uses of decks for the event space
and grill
• Allows the event space and grill to function in an indoor/outdoor environment
which given the location of the space is one of is strongest appeal to users.
• Provides separation of the event users from the recreation users during events
• Provides for a more continuous flow of recreation users to flow between end of
the round and the restaurant pro shop flow which is more natural
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7/3/2012
4
• Does not introduce a long walking or doubling back of which introduces delay in
pace of play
• Provides opportunity for expansion of low impact recreation facilities
• Provides a flexible golf hole set up
• Still provides a green area (landscaped) next to adjacent residential neighbors
Cons of moving the hole
• Cost of the construction of moving the hole
• Increases the distance from the clubhouse to the finish hole
• Changes the Vail Golf Course
• The immediate adjacent neighbors are not on a golf hole
Pros of not moving the hole
• Status quo of the golf course remains
• Saves the cost of moving the hole minus any improvements needed to mitigate
the safety concerns
• The adjacent neighbors are on a golf hole
Cons of keeping the hole
• Prohibit use of the event and grill space to have an exterior use component.
• Conflict between golf and event users.
• Would require a protective system for the expanded event space building edge
(net).
• Requires golf cart to park a significant distance from the hole which delays pace
of play and increases the size of the finish area.
• Significantly impacts the desirability and success of the event space from
function and aesthetics
• Begins to question the overall feasibility of being successful in booking additional
events verses the cost of the investment in the event space
VI. STAFF RECOMMENDATION
• Proceed with the building design as previously presented to the town council
• Provide parking as presented in the revised design
• Relocate the 18th hole as designed by the Vail Recreation District
• Provide direction or set a meeting to discuss the operational issues of the
expanded Vail Golf and Nordic Clubhouse
V. ACTION REQUESTED
The Town Council is being asked to provide direction to the design team on the Golf
and Nordic Clubhouse programming and revised design, as well a decision to include
moving the 18th green as part of the project.
VI. ATTACHMENTS
a. New Site Design Alternatives
• Option 1 with the 18th green relocated
• Option 2 the 18th green remains in place
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5
b. Relocated 18th hole design
c. 18th hole design chronology powerpoint
5 - 1 - 5
7/3/2012
ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
15’030’60’90’120’
SCALE: 1” = 30’-0”
Option 1
Relocated 18th Green
July 3, 2012
PROPOSED
LAWN
PROPOSED
NEW
18TH GREEN CART PATH
REALIGNMENT
DRIVING RANGE
BALL FLIGHT
SAFETY ZONE
PROPOSED
GOLF AND
NORDIC CLUBHOUSE
WITH EVENTS SPACE
MODIFIED
PARKING LOT
(122 spaces)
EXISTING DRIVING
RANGE FENCE EXISTING
CART PATH
PROPOSED CART PATH
TERMINUS
PROPOSED
GOLF START &
FINISH AREA
PROPOSED
18th HOLE
BALL FLIGHT
SAFETY ZONE
BUS STOP
SERVICE AND
EMERGENCY
LIMITED ACCESS
SUNBURST LANE
NEIGHBORING
RESIDENCE S
OUTDOOR
PATIOS
5 - 2 - 1
7/3/2012
ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
15’030’60’90’120’
SCALE: 1” = 30’-0”
Option 2
Existing 18th Green
July 3, 2012
DRIVING RANGE
BALL FLIGHT
SAFETY ZONE
PROPOSED
GOLF AND
NORDIC CLUBHOUSE
WITH EVENTS SPACE
EXISTING 18TH GREEN
AND SAND TRAP
MODIFIED
PARKING LOT
(122 spaces)
EXISTING DRIVING
RANGE FENCE
EXISTING
FAIRWAY TRAP
EDGE OF
ROUGH
EXISTING
CART PATH
PROPOSED CART PATH
TERMINUS
PROPOSED
GOLF START &
FINISH AREA
18th HOLE
BALL FLIGHT
SAFETY ZONE
BUS STOP
SERVICE AND
EMERGENCY
LIMITED ACCESS
SUNBURST LANE
NEIGHBORING
RESIDENCE S
OSED
AND
UBHOUSE
NTS SPACE
O
L
N
O
L
N
SHADED AREA INDICATES SAFETY ZONE
WHERE NEW AND ADDITIONAL
HORIZONTAL AND VERTICAL SCREENING
WOULD BE REQUIRED IF EXISTING18TH GREEN REMAINS
5 - 3 - 1
7/3/2012
ARCHITECTURE PLANNING INTERIORS LANDSCAPE ARCHITECTURE
AND ASSOCIATES, INC.
.(970) 949-0257 F.(970)949-1080 www.zehren.comPO Box 1976,Avon, Colorado
Z E H R E N
10’020’40’60’80’
SCALE: 1” = 20’-0”
Proposed Parking Layout
July 3, 2012
PROPOSED
GOLF AND
NORDIC CLUBHOUSE
WITH EVENTS SPACE
MODIFIED
PARKING LOT
(122 spaces)
PROPOSED
GOLF START &
FINISH AREA
BUS STOP
SERVICE AND
EMERGENCY
LIMITED ACCESS
PROPOSED
LAWNOUTDOOR
PATIOS
ARRIVAL
COURT
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1
Vail Golf
Club/Nordic Center
Redevelopment
Timeline
1
How We Got Here
y Borne Engineering Study
y Vail Golf Course Master Plan
y Town of Vail Conference Center
Fund Reallocation Process
y Vail Golf Club 18th Hole
Realignment 2
2006
y VRD engages Borne Engineering
to perform a Capital Expenditure
Analysis, Physical Condition
Evaluation and Physical Needs
Analysis
3
2007
y Borne Engineering identifies
failures in holes three and seven
retaining walls that are life-safety
issues
4
2008
y Collins, Cockrel & Cole engage
Holme Roberts Owen to identify
deed restriction covenants
regarding the Vail Golf Club/Nordic
Center parcel/Pulis Agreement
5
2009
y The VRD and TOV agree to hire a
golf course architect to redesign
holes three and seven in order to
repair/replace the retaining walls
6
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2
2009
y Master Plan Process for the Vail
Golf Course
y The VRD advertises an RFP for a golf
course master plan and interviews
four firms
y Phelps-Atkinson Design chosen
7
2009
y Master Plan Process
y Phelps-Atkinson, designed a
solution for hole three tee box
eliminating the retaining walls
y Construction of hole three is
completed in May 2009
8
2009
y Master Plan Process
y Phelps-Atkinson begins work on
multiple designs for hole seven to
repair/replace the existing tee box
y Construction of hole seven tee box
completed 2010
9
2009
y Master Plan Process
y VRD completes land use study and
initiates driving range flood plain
analysis to investigate a clubhouse
remodel to increase function,
decrease operational costs and
increase revenue, which included:
10
2009
y Master Plan Process
y Moving the clubhouse to the existing
driving range and using existing site
for events center
y Moving the driving range to the
existing hole 10 to create drivable
Par 4 with alterations for hole 10
11
2009
y Master Plan Process
y Researched potential for remodel to
be paid for by a VRD Bond issue
y Town of Vail researched parking at
Ford Park as part of research and
reviewed relocation of the Vail
Tennis Center
12
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3
13 14
15 16
17 18
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4
2010
y Master Plan Process
y VRD begins planning for $500,000
annual decrease in property taxes
starting in 2012
19
2010
y Master Plan Process
y As part of the land use study/flood
plain analysis, the VRD Board rejects
option to move facility to the driving
range area:
y Utilizing the driving range area is too close to the South
Frontage Road and I-70
y Presents life-safety issues
y Cost-prohibitive to scrape the building and move to a
new site
20
2010
y Master Plan Process
y In September 2010, Phelps-Atkinson
presents a draft master plan to the
VRD Board
y VRD Board informally approves
using the master plan as a working
document
21
2010
y Master Plan Process
y VRD hosts an open house in October
to discuss the master plan
y Concept of a Par 4 on the 18th green is
presented to accommodate potential
renovated clubhouse facility needs
22
y Hole 18-Par 4
y Rebuild/expand the existing black, blue, gold and green tees
y Construct a new green tee to create a more playable distance
y Plant aspen trees up the right side and left side of the hole
y Rebuild and slightly relocate the existing fairway bunkers
y Construct a new green complex converting this hole into a Par 4 23
2010
y VRD Engages in Conference
Center Fund Reallocation Process
24
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5
2011
y The VRD reviewed multiple reports
and studies, met with representatives
from the Town of Vail, Vail Valley
Partnership, operators of other similar
venues, a wedding planner and a
caterer/restaurateur to determine the
viability of a special event venue at the
golf course
25
2011
TotalEventsHeldPerYear60
LessLocal andNon
6/28/2012
6
31
2011
y Conference Center Fund Reallocation
Process
y $3.5 million approved by Vail Town
Council to be used for a remodel of the
Vail Golf Course Clubhouse/Nordic
Center
y The VRD agrees to contribute $1
million to the project if approved by
voters
32
2011
y Conference Center Fund
Reallocation Process
y Voters overwhelmingly approve use
of the Conference Center Fund
reallocation in November
33
2011
y 18th Hole Realignment Process
y Following voter approval, in
December, VRD staff recommends
VRD Board pursue a realignment of
the 18th hole should the renovation
require additional parking/event
space
34
2012
y 18th Hole Realignment Process
y In January, Phelps-Atkinson
presents 18th hole realignment
concepts
y In February, VRD Board discusses
pros and cons associated with
design options
35
2012
y 18th Hole Realignment Process
y VRD hires consultants to research
safety of errant driving range balls if
the 18th hole green is moved east of
the current clubhouse
36
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7
37 38
2012
y 18th Hole Realignment Process
y In February, Town of Vail hires
architect for Vail Golf Club/Nordic
Center remodel
y Architect begins working with
Phelps-Atkins on 18th hole
realignment
39
2012
y 18th Hole Realignment Process
y In March, Phelps Atkinson presents
five different options for realignment
of the 18th hole to the VRD Board
40
Concept Master Plan
41
Concept A
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8
Concept B
43
Concept C
44
Concept D
45 46
47
2012
y VRD Approved 18th Hole
Realignment
y 18th hole concept “D” determined to
be in a safe location by Tanner
Consulting regarding errant driving
range balls and safety
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9
2012
y 18th Hole Realignment Process
y On March 8, the VRD Board
approves an 18th hole realignment
y Cost of $350,000 to be funded by the
Conference Center Fund reallocation
fund
49
2012
PROS
y Flexible hole set up
y Lower cost
y Memorable and unique
y Does not enter tight part of
existing hole (netting)
y Safe
y Does not require netting changes
CONS
y Distance to the Clubhouse
y Con-Golfer Proximity
y Pro-More Event Space
y VRD Approved 18th Hole
Realignment
50
2012
y VRD Approved 18th Hole
Realignment
y Designed to accommodate
additional multi-use community
space/parking needs if required by
Town of Vail as part of the clubhouse
remodel
51
2012
y VRD Approved 18th Hole
Realignment
y Considered to be a Par 4 with
options
y To be played as a regular Par 4 or a
drivable Par 4 depending on set up
for the day
52
2012
y VRD Approved 18th Hole
Realignment
y Allows for new green space to be
used for recreational activities and
events
y Flexible Opportunities
y Snag Golf/Putting Course
y Weddings
y Business Outings
y Multipurpose Recreation (Croquet, Bocce Ball, etc.)
53
2012
y VRD Approved 18th Hole
Realignment
y Information included in Town of Vail
State of the Town Report/Year in
Review, Annual Town Meeting
y Information shared by VRD to its golf
subscriber list of 3,500 during pass
rate announcement in March
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10
2012
y VRD Approved 18th Hole
Realignment
y Informational board placed at future
18th hole tee on golf course in early
May
y Community invited to visit the
realigned 18th hole concept in May,
sent to 3,500 email subscribers
55
2012
y Rezoning Clubhouse Area from
Recreational to General Use
y In April, letters were sent by the
Town of Vail with VRD approval to
adjacent homeowners
56
2012
y Rezoning Clubhouse Area from
Recreational to General Use
y Planning and Environmental
Commission approval in May
y Vail Town Council First Reading of
Rezoning in June
57
VRD Board and Staff
Recommendations
Move forward with current design
process and realignment of the
18th hole
58
2012
y Moving Forward
y Scheduled site visit and joint work
session with VRD Board and Vail
Town Council on July 3
y Rezoning
y Conceptual Designs
y 18th Hole Realignment
y Lease Agreement Discussion
y Temporary Facility Review
59
2012
y Moving Forward
y Pending Vail Town Council approval,
begin construction Aug. 6 on 18th
hole realignment
y Continue working with Town of Vail
on design concepts for clubhouse
remodel
60
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7/3/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 3, 2012
ITEM/TOPIC: Matterhorn Bridge Replacement Award
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: See Memorandum
BACKGROUND: See Memorandum
STAFF RECOMMENDATION: See Memorandum
ATTACHMENTS:
Memorandum
7/3/2012
To: Town Council
From: Public Works
Date: June 26, 2012
Subject: Matterhorn Bridge Replacement Project
I. ACTION REQUESTED OF COUNCIL
Staff requests supplementing the 2012 budget in the amount of $100,000 to cover design and
construction costs, and to authorize the Town Manager to enter into an agreement with
Colorado Constructors Inc. to complete the construction phase of the Matterhorn Bridge
Replacement Project in the amount of $970,068.30.
II. BACKGROUND
The Town of Vail was awarded a Federal bridge grant in the amount of $825,000 for the
replacement of Structure Number VAIL-MATTERHORN in November 2007. On June 21, 2012
staff received 5 bids for the replacement of the Matterhorn Circle bridge with Colorado
Constructors Inc. the low bidder.
Colorado Constructors Inc $970,068.30
Edward Kraemer & Sons Inc $1,046,866.35
Zak Dirt Inc $1,195,272.00
American Civil Constructors $1,211,019.00
KECI Colorado Inc $1,335,285.00
The low bid for construction came in approximately 10% higher than estimated during the
design process. The original budget for design and construction is for $1,195,000 and with the
higher than anticipated construction cost an additional $100,000 is required to complete the
project. The higher costs can be attributed to the use of the Federal funds, right of way
constraints, utilities and construction schedule constraints, construction in the Gore Creek is
only allowed from August 1 to September 30. The use of Federal funds adds approximately 20-
30% in design and construction costs (NEPA, Davis-Bacon Act). In order to improve the
hydraulics of the creek at the bridge and meet certain design criteria (500 yr scour) the span of
the new bridge had to be increased 15 feet from the existing length which impacted more
utilities than originally anticipated at the time the grant application was submitted in 2007.
The state has recently completed the bi-annual off-system bridge inspections and has noted
that the scour condition of the bridge has continued to worsen (see attached photo). The
following is an excerpt from an email from the consultants completing the inspection for the
state: scour is the leading cause of bridge failures throughout the world. For VAIL-
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Town of Vail Page 2
MATTERHORN, the scour condition (Item #113) is rated a “2 – SCOUR CRITICAL, Extensive
scour has occurred at the bridge foundations”, which indicates that the scour levels during the
inspection are beyond the limits of the structure. Because of the scour condition, the
Substructure (Item #60) was rated downgraded to a “3 – Serious Condition, Loss of section,
deterioration, spalling or scour have seriously affected primary structural components, local
failures are possible.”
Construction is scheduled for a mid July start with a completion of December 15, 2012. In order
to meet this tight schedule and take advantage of the Federal bridge grant, the contract will
need to be awarded to Colorado Constructors Inc. on July 3rd.
III. Staff Recommendations
Staff recommends supplementing the 2012 budget in the amount of $100,000 to cover design
and construction costs, and to authorize the Town Manager to enter into a contract, in a form
approved by the Town Attorney, with Colorado Constructors Inc. in the amount of $970,068.30
in order to complete the work.
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7/3/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 3, 2012
ITEM/TOPIC: Second Reading of Ordinance No. 7, Series of 2012, an ordinance repealing
and reenacting 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 one existing fractional fee club unit to one dwelling unit, located
at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1,
and setting forth details in regard thereto.
PRESENTER(S): Rachel Dimond, Dominic Mauriello
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 7, Series of 2012, upon second reading.
BACKGROUND: On May 12, 2012, the Planning and Environmental Commission (PEC)
recommended approval, with conditions, to the Vail Town Council for a major amendment to
Special Development District No. 6. The PEC also approved, with conditions, the amendment
to an existing conditional use permit for the reduction in fractional fee units. Should Ordinance
No. 7, Series of 2012 be approved, The Sebastian will be permitted to increase the number of
dwelling units from one to two and decrease the number of fractional fee units from 50 to 49.
On June 19, the Vail Town Council unanimously approved Ordinance No. 7, Series of 2012
upon first reading.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves, with conditions, Ordinance No. 7, Series of 2012, upon
second reading. Staff recommends the following conditions be placed on the approval:
1. The applicant shall amend all applicable condominium maps to reflect the change in use
and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder
within 90 days of approval of the major amendment to the special development district
application.
2. The applicant shall ensure that loading and delivery doors be closed at all times when not
in use, pursuant to 14-10-10E, Vail Town Code.
ATTACHMENTS:
Ordinance No. 7, Series of 2012 Staff Memo
Ordinance No. 7 Series of 2012 Attachment A- Ordinance
Ordinance No. 7, Series of 2012 Attachment B PEC memo
7/3/2012
TO: Vail Town Council
FROM: Community Development Department
DATE: July 3, 2012
SUBJECT: Second reading of Ordinance No. 7, Series of 2012, an ordinance repealing and
reenacting 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 one existing fractional
fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a
portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC120015).
Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group
Planner: Rachel Dimond
I. SUMMARY
The applicant, Ferruco Vail Ventures LLC, represented by Mauriello Planning Group, is
requesting a second reading of Ordinance No. 7, Series of 2012, an ordinance
repealing and reenacting 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 one existing fractional fee
club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots
M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
The Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 7,
Series of 2012, upon second reading.
II. DEVELOPMENT STATISTICS
Should Ordinance No. 7, Series of 2012 be approve, the development statistics in
Phase IV (The Sebastian) will change as follows:
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units – 1 2
Accommodation Units - 100
Fractional Fee Club Units – 50 49
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
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Town of Vail Page 2
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On May 14, 2012, the Planning and Environmental Commission recommended the Vail
Town Council approve, with conditions, Ordinance No. 7, Series of 2012 with a vote
of 7-0-0, with the following condition:
1. “The applicant shall amend all applicable condominium maps to reflect
the change in use and cause said maps to be recorded in the office of
the Eagle County Clerk and Recorder within 90 days of approval of the
major amendment to the special development district application.”
This recommendation was based upon the review of the criteria outlined in the May 14,
2012 memorandum to the Planning and Environmental Commission, and the evidence
and testimony presented.
On June 5, 2012, the Vail Town Council tabled this item to the June 19, 2012 hearing at
the applicant’s request.
IV. ACTION REQUESTED OF THE TOWN COUNCIL
Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, upon
second reading, the Community Development Department recommends the Council
passes the following motion:
“The Vail Town Council approves Ordinance No. 7, Series Of 2012, an
ordinance repealing and reenacting 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 one existing fractional fee club unit to one dwelling unit,
located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O,
Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, the
Community Development Department recommends the Council applies the following
conditions, including a new second condition requiring that the loading and delivery
doors be closed at all times, pursuant to Section 14-10-10E, Vail Town Code, which
reads, “E. Service areas, outdoor storage, and garbage storage shall be screened from
adjacent properties, structures, streets, and other public areas by fences, berms, or
landscaping.”:
1. “The applicant shall amend all applicable condominium maps to reflect
the change in use and cause said maps to be recorded in the office of
the Eagle County Clerk and Recorder within 90 days of approval of the
major amendment to the special development district application.
2. The applicant shall ensure that loading and delivery doors be closed at
all times when not in use, pursuant to 14-10-10E, Vail Town Code.”
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Town of Vail Page 3
Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, the
Community Development Department recommends the Council makes the following
findings:
“Based upon the review of the criteria outlined in the May 14, 2012
memorandum to the Planning and Environmental Commission, and the
evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with
the development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses
and appropriate for the surrounding areas.
3. 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.”
V. ATTACHMENTS
A. Ordinance No. 7, Series of 2012
B. PEC memorandum dated May 14, 2012
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Ordinance No. 7, Series of 2012 second reading 1
ORDINANCE NO. 7
Series of 2012
AN ORDINANCE REPEALING AND REENACTING 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 ONE EXISTING FRACTIONAL FEE CLUB UNIT TO ONE DWELLING
UNIT, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O,
BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 21, Series of 2001, established the approved development plan
for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and
WHEREAS, Ordinance No. 16, Series of 2004, amended the approved development plan for
Phase IV (The Sebastian) 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 a public
hearing on May 14, 2012 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
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Ordinance No. 7, Series of 2012 second reading 2
occupied; and
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. PURPOSE
The purpose of this ordinance is to amend Phase IV of Special Development
District No. 6 to increase the number of dwelling units from one to two and decrease the number of
fractional fee club units from 50 to 49 for the purpose of converting a fractional fee club unit to a
dwelling unit. 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 FULFILLED. PLANNING COMMISSION REPORT
The approval procedures described in Section 12-9A of the Vail Town Code have
been fulfilled, 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 Hotel. Requests for
amendments to the Approved Development Plan shall follow the procedures outlined in Section
12-9A of the Vail Town Code.
Section 3. SPECIAL 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 Distri ct 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 INN, PHASE IV, VAIL PLAZA HOTEL
A. Development PIan--
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 by 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
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Ordinance No. 7, Series of 2012 second reading 3
B. Site Vignettes Key Plan (noted "for illustration purposes only')
C. Site Vignettes
D. Site Plan (revised)
E. Level Minus Two
F. Level Minus One
G. Level Zero
H. Level One
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
AA. Loading and Delivery plan
BB. Street Entry Studies (Vail Road/South Frontage Road)
CC. Sun Study
DD. Landscape Improvements Plan
EE. Off-site Improvements Plan
B. Permitted Uses--
The permitted uses in Phase IV of Special Development District No. 6 shall be as
set forth in Section 12-7 of the Vail Town Code.
C. 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.
D. 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 - 49
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
E. Density-- Floor Area
The gross residential floor area (GRFA), common area and commercial square
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Ordinance No. 7, Series of 2012 second reading 4
footage permitted for Phase IV shall be as set forth in the Approved Development
Plans referenced in Section 4 of this ordinance.
F. 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'.
G. 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.
H. 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.
I. 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.
J. 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 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. APPROVAL AGREEMENTS 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, 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.
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Ordinance No. 7, Series of 2012 second reading 5
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
Community Development, for review and approval, as a part of the building permit
application for the hotel:
a. An Erosion Control and Sedimentation Plan;
b. Construction Staging and Phasing Plan;
c. A Stormwater Management Plan;
d. A Site Dewatering Plan; and
e. A Traffic Control Plan.
4. That the developer records a public pedestrian easement between the hotel
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 public 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 provision 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 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
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Ordinance No. 7, Series of 2012 second reading 6
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 permit.
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.
13. That the Developer submits a copy of an approved access permit from 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 Hotel, the one-time
payment of $35,000 shall be refunded to the Developer.
Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not 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 7. 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 8. 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.
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Ordinance No. 7, Series of 2012 second reading 7
Section 9. 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 19th day of June, 2012 and a public hearing for second
reading of this Ordinance set for the 3rd day of July, 2012, at 6:00 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
_______________________
Andrew P. Daly, Mayor
ATTEST:
_________________________
Lorelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 3rd day of July, 2012.
_______________________
Andrew P. Daly, Mayor
ATTEST:
_________________________
Lorelei Donaldson, Town Clerk
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To: Planning and Environmental Commission
From: Community Development Department
Date: May 14, 2012
Subject: A request for the 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 on a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the conversion of a
fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian
Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC120015 & PEC120022)
Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group
Planner: Rachel Dimond
I. SUMMARY
The applicant, Ferruco Vail Ventures LLC, represented by Mauriello Planning Group, is
requesting the following in relation to The Sebastian:
x a review of an amendment to an existing conditional use permit for a fractional
fee club to reduce the number of fractional fee units from 50 to 49; and
x a recommendation to the Vail Town Council of a major amendment to Special
Development District No. 6, Vail Village Inn to increase the number of dwelling
units from one to two.
Based upon Staff’s review of the criteria outlined in Sections VII and VIII of this
memorandum and the evidence and testimony presented, and subject to the findings
noted in Section IX of this memorandum, Staff recommends:
x The PEC approves, with conditions, the amendment to an existing conditional
use permit
x The PEC forwards a recommendation of approval, with conditions, to the
Vail Town Council for a major amendment to Special Development District No.
6.
A vicinity map (Attachment A) and the applicant’s request (Attachment B) have been
attached for reference.
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II. DESCRIPTION OF THE REQUEST
The applicant is proposing to convert the existing fractional fee unit 401 to a dwelling
unit, which will increase the number of dwelling units from one to two, and decrease the
number fractional fee units from 50 to 49 in The Sebastian, which is Phase IV of Special
Development District No. 6, Vail Village Inn. Unit 401 is 986 square feet. The intent of
the pending purchaser of this unit is to put the unit in the Sebastian rental pool,
maintaining the unit as a warm bed. The Sebastian was formerly the Vail Plaza Hotel,
and is referred to as the Vail Plaza Hotel in historical information.
III. BACKGROUND
The Sebastian 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 unit”; 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 (now called The
Sebastian) consisting of 50 fractional fee club units. According to 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 1/12th 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
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project. The remaining interest in the clubs is then used by the hotel to support
the conference facilities during the summer months.”
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, which had been amended to include lock-off 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
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.
The Planning and Environmental Commission held public hearings to discuss a request
to convert 2 fractional fee units to dwelling units and one dwelling unit to a fractional fee
unit 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.
At its May 19, 2009, hearing the Town Council approved the first reading of Ordinance
No. 13, Series of 2009, with the modifications that reference to the conversion of the
penthouse dwelling unit to a fractional fee club unit be stricken, and that the sale of the
penthouse unit be a trigger for the expiration of this ordinance in addition to the
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Commission’s recommended triggers of the specific date May 11, 2012, or the issuance
of an occupancy certificate for the penthouse unit.
On June 2, 2009, the Vail Town Council denied Ordinance No. 13, Series of 2009, upon
second reading. The summary minutes are as follows:
“Connie Dorsey asked that the applicant not be forced to move until there
is a TCO on another unit in the building. During a pause for public
comment, Robert Vogel said there was a pattern of deceit being exhibited
by the applicant and there was no compelling reason to grant the
applicant’s request. Fractional owner’s legal representative Lindsey
Richards spoke against allowing the applicant to continue to live there.
The applicant, Waldir Prado, said he had been occupying a vacant unit
and no one had been negatively financially impacted. Councilmember
Rogers stated, “I don’t feel like I was given a straight story on it…I don’t
have a good feeling we are going to know what is happening here…I don’t
feel like passing this ordinance on second reading is going to help the
Town of Vail…I do have an interest in hot beds.” Rogers then moved to
deny the ordinance with Councilmember Newbury seconding.
Councilmember Foley said employee housing in the hotel should be
satisfactory for any employee of the hotel. Councilmember Hitt said he felt
like he had been misled. He also agreed that employee housing should be
adequate for the applicant. Newbury said one of the town’s overriding
policies is to maintain hot beds. Councilmember Cleveland said the
solution that was presented was not in the public interest. “It is
inconsistent with the SDD approval plan.” Councilmember Daly said there
is a lot more revenue the town is giving up than was previously
anticipated. The motion passed unanimously, 7-0.”
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.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
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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.
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 Colorado real estate commission pursuant to Colorado
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 Colorado 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
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Town of Vail Page 6
areas; and to further the overall goals 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.
B. 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:
B. 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.
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.
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V. SURROUNDING LAND USES
Land Uses Zoning
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
Development Standard Approved/ Existing Proposed Change
Density
-Dwelling Units
-Fractional Fee Units
-Accommodation Units
1 DU
50 FFU
100 AU
2 DU
49 FFU
100 AU
+1 DU
-1 FFU
No change AU
Gross Residential
Floor Area (GRFA)
-AU & FFU (>70%)
-DU (<30%)
TOTAL
98,774 sq ft (95%)
5,150 sq ft (5%)
103,924 sq ft
97,788 sq ft (94%)
6,136 sq ft (6%)
103,924 sq ft
-986 sq ft
+986 sq ft
No change
Parking 211.69 spaces
required (round to
212 spaces)
218 spaces existing
212.39 spaces
required (round to
213 spaces)
218 spaces existing
+0.7 space
required (round to
1 space additional)
No change existing
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 Sebastian. 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 has found that in other similar buildings, such as Manor Vail
and The Arrabelle, units of this size with hotel amenities, such as a front desk, are
typically put into rental pools when not in use by owners, thus acting as a warm bed, if
not a hot bed. As a result, Staff believes that exchanging a fractional fee club unit for
one dwelling unit is consistent with the Town’s development objectives and the intent
and purpose of the overall Vail Village Inn development.
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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.
Staff finds there is no effect upon traffic with particular reference to congestion,
automotive and pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow because there are no changes to the exterior of
the building. The dwelling unit will not likely generate more traffic. Further, The
Sebastian has six excess parking spaces, one of which will be required for the dwelling
unit.
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.
VII. 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.
Staff finds this proposal will not effect 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 because there are no changes proposed to the exterior of the existing
building.
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
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Staff finds the change in use will provide a compatible, efficient and workable
relationship with surrounding uses and activities. Specifically, one additional dwelling
unit, while not technically a warm bed, will be compatible with the mixed use nature of
the surrounding neighborhood. Further, the dwelling unit will be put into a rental pool by
the owner, and will operate as a warm bed. Should the ownership change, Staff has
found that in other buildings with hotel amenities, units of this size are typically put in
rental pools when not in use by owners, thereby acting as a warm bed regardless of the
type of unit.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
Staff finds the proposal is in compliance with the parking and loading requirements as
outlined in Chapter 10 Title 12, Zoning Regulations. The Sebastian has six surplus
parking spaces, and will use one space for the increased parking requirement, resulting
in a surplus of five spaces.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff believes exchanging one fractional fee club unit for one dwelling unit is consistent
with the Town’s development objectives. 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 has found in other buildings with similar amenities, units of this size are typically
included in rental pools when not in use by owners, thereby acting as a warm bed
regardless of being a fractional unit or dwelling unit. Further, under existing zoning, an
additional dwelling unit is permitted and does contribute to a mix of uses within the
special development district.
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.
Staff does not believe this proposal will have a significant negative affect on this
criterion in comparison to existing conditions, as there are no natural and/or geologic
hazards affecting this property.
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.
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Staff does not believe this proposal will have a significant negative affect on this
criterion in comparison to existing conditions, as there are no changes proposed to the
site planning, location, or open space for the existing building.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
Staff finds the proposal does not affect the circulation system for both vehicles and
pedestrians, as The Sebastian has valet parking with surplus parking to accommodate
the increase in parking requirements.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Staff does not believe this proposal will have a significant negative affect on this
criterion in comparison to existing conditions, as there are no changes proposed to the
existing landscaping.
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.
Staff finds the proposal will maintain a workable, functional and efficient relationship
throughout the development of the SDD, as the conversion of the unit will not require a
building permit.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
Staff finds the proposed deviation will provide a benefit in real estate transfer tax, but
will also have the adverse effect of losing a warm bed. In practice, however, the
placement of the dwelling unit in the rental pool will likely reverse the adverse effects as
Staff has found units of this type in hotel-style buildings are typically put in rental pools
when not in use by owners.
IX. STAFF RECOMMENDATION
CONDITIONAL USE PERMIT APPLICATION
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, this request for a 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 conversion of a fractional fee
club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N,
and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff’s
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recommendation is based upon the review of the criteria described in Section VIII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this
conditional use permit request, the Community Development Department recommends
the Commission pass the following motion:
“The Planning and Environmental Commission approves this request for
an amendment to an existing conditional use permit, pursuant to Section
12-16-10, Amendment Procedures, Vail Town Code, to allow for the
conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail
Road (Sebastian Hotel)/Part 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 approve 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 VIII of this Staff memorandum
to the Planning and Environmental Commission dated May 14, 2012, and the evidence
and testimony presented, the Planning and Environmental Commission finds:
1. “The proposed conditional use permit amendment is 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 May
14, 2012.
2. The proposed conditional use permit amendment and the conditions under
which it will be operated or maintained are not 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 complies with each of
the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail
Town Code, as referenced by Section V of this Staff memorandum to the
Planning and Environmental Commission dated May 14, 2012.”
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission applies the following condition:
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.”
SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION
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Town of Vail Page 12
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, with
conditions, 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 the conversion of a fractional fee club unit to a dwelling unit, located at 16
Vail Road (Sebastian Hotel)/Part 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 approval for this request, the Community Development
Department recommends the Commission pass the following motion:
“The Planning and Environmental Commission forwards a
recommendation of approval 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 the conversion of
a fractional fee club unit to a dwelling unit, located at 16 Vail Road
(Sebastian Hotel)/Part 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 approval 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 May
14, 2012, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the special development district amendment complies 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 goals, 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
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Town of Vail Page 13
4. That the special development district 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.”
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. “The applicant shall amend all applicable condominium maps to
reflect the change in use within 90 days of approval of the major
amendment to the special development district application.”
X. ATTACHMENTS
A. Vicinity Map
B. Applicant’s Request
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VA
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Sebastian Hotel
05010025
Feet
Vail Village Filing 1, Block 5D,Vail Village Filing 1, Block 5D,
Part of Lots M, N & OPart of Lots M, N & O
(16 Vail Road - Sebastian Hotel)(16 Vail Road - Sebastian Hotel)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: April 23, 2012
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THE SEBASTIAN
VAIL VILLAGE INN, PHASE IV
MAJOR AMENDMENT
TO SDD #6, &
AMENDMENT TO A
CONDITIONAL USE
PERMIT
To allow for the conversion of
Unit 401 from a Fractional Unit
to a Dwelling Unit
Submitted to the Town of Vail:
April 13, 2012
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III.Zoning Analysis
Because there are no exterior modifications, the proposed amendment does not affect most
development standards. Below is an analysis of the proposal with regard to density, GRFA, and
parking. All other standards remain as approved.
Standard Existing Proposed
Density
Fractional Fee Units
Accommodation Units
Dwelling Units
50
100
1 (13.3 du/acre)
49
100
2 (13.6 du/acre)
GRFA
In AU and FFU (Required>70%)
In DU (Required<30%)
103,924 sq. ft.
98,774 sq. ft. (95%)
5,150 sq. ft. (5%)
No Change
97,788 sq. ft. (94%)
6,136 sq. ft. (6%)
Parking
Required
Provided
211.69 spaces (rounds to 212)
218 spaces
212.38 spaces (rounds to 213)
218 spaces
IV.Criteria for Review for the Major Amendment to a Special
Development District
Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides
the criteria for review of a Major Amendment to a Special Development District. These criteria
have been provided below, along with an analysis of how this proposal complies with these
criteria:
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.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No exterior changes are proposed
with this request.
2.Relationship: Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Applicant Response: The Sebastian is a mixed-use type of development, including
commercial, lodging, recreational, and residential uses. The conversion of Unit 401 from
a fractional unit to a dwelling unit remains consistent with the intended purpose of the
underlying zoning of Public Accommodation and the intent of Vail Land Use Plan.
Adjacent properties include a similar mix of uses. The density and uses proposed for The
Sebastian do not conflict with the compatibility, efficiency, or workability of the
surrounding uses and activities on adjacent properties.
3
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Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion.
V.Criteria for Review for an Amendment to a Conditional Use Permit
Fractional Fee Clubs are a conditional use in the Public Accommodation Zone District. Section
12-16-6: CRITERIA; FINDINGS, Vail Town Code, provides the criteria for review of a
Conditional Use Permit. These criteria have been provided below, along with an analysis of how
this proposal complies with these criteria:
1.Relationship and impact of the use on development objectives of the town.
Applicant Response: This criterion has been addressed in Section IV of this submittal. As
indicated, the proposal remains compliant with the Zoning Regulations and all applicable
goals and objectives of the Vail Village Master Plan. In addition, this proposal complies
with the purpose statement of the Public Accommodation zone district, which states:
12-7A-1: PURPOSE:
The public accommodation district is intended to provide sites for lodges and residential
accommodations for visitors, together with such public and semipublic facilities and limited
professional offices, medical facilities, private recreation, commercial/retail and related visitor
oriented uses as may appropriately be located within the same zone district and compatible
with adjacent land uses. The public accommodation district is intended to ensure adequate
light, air, open space, and other amenities commensurate with lodge uses, and to maintain
the desirable resort qualities of the zone district by establishing appropriate site
development standards. Additional nonresidential uses are permitted as conditional uses
which enhance the nature of Vail as a vacation community, and where permitted uses are
intended to function compatibly with the high density lodging character of the zone district.
2.Effect of the use on light and air, distribution of population, transportation facilities, utilities,
schools, parks and recreation facilities, and other public facilities and public facilities needs.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion.
3.Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety
and convenience, traffic flow and control, access, maneuverability, and removal of snow from the
streets and parking areas.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion.
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.
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Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No exterior changes are proposed.
In addition to the above criteria, Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS,
provides addition criteria for a fractional fee club proposal. While these criteria are specifically
for the establishment of a new fractional fee club and do not necessarily apply to the elimination
of an individual unit from the fractional fee club, the applicant has provided a response for this
amendment:
a.If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional
fee club shall maintain an equivalency of accommodation units as are presently existing.
Equivalency shall be maintained either by an equal number of units or by square footage. If the
proposal is a new development, it shall provide at least as much accommodation unit gross
residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA).
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No accommodation units will be
affected with this request.
b.Lock off units and lock off unit square footage shall not be included in the calculation when
determining the equivalency of existing accommodation units or equivalency of existing square
footage.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No lock off is affected.
c.The ability of the proposed project to create and maintain a high level of occupancy.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. This criterion applies to the
establishment of a new fractional fee club and is not applicable to this amendment. The
intent of the purchaser is the unit will be managed and rented by the Sebastian,
maintaining the property as a live bed.
d.Employee housing units may be required as part of any new or redevelopment fractional fee
club project requesting density over that allowed by zoning. The number of employee housing
units required will be consistent with employee impacts that are expected as a result of the
project.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. The employee housing requirement
for a fractional unit and a dwelling unit are the same. As a result, there are no impacts to
employee housing as a result of this request.
e.The applicant shall submit to the town a list of all owners of existing units within the project or
building; and written statements from one hundred percent (100%) of the owners of existing
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units indicating their approval, without condition, of the proposed fractional fee club. No written
approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date
of filing the application for a conditional use.
Applicant Response: This criterion applies only to the establishment of a new fractional
fee club. It is not necessary when eliminating a unit from an existing club.
f.Each of the fractional fee club units shall be made available for short term rental in a managed
program when not in use by the club members. The project shall include or be proximate to
transportation, retail shops, eating and drinking establishments, and recreation facilities.
Applicant Response: Because the Sebastian has an established rental program, managed
by Timbers Resorts, the potential owner (currently under contract) has the ability to
include the unit into the rental program. Unit 401 is a small one-bedroom unit, with 986
sq. ft. of GRFA. Research indicates that smaller units are more likely to be included in a
rental program.
8
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VI.Adjacent Addresses
JOHN D GOODMAN
PO BOX 1886
0105 EDWARDS VILLAGE BLVD, STE D-201,
EDWARDS, CO 81632
9 VAIL RD, ASSOC
9 VAIL RD.
VAIL , CO 81657
JOSEF STAUFER
100 E MEADOW DR #31,
VAIL, CO 81657
ARTHUR ANDREW ABPLANALP JR.
POST OFFICE BOX 2800,
VAIL, CO 81658-2800
SLIFER MANAGEMENT CO.
C/O MS. SALLY HANLON,
385 GORE CREEK DRIVE - R-2,
VAIL, CO 81657
MCNEILL PROPERTY MANAGEMENT
2077 N. FRONTAGE RD. #300,
VAIL, CO 81657
KEVIN DEIGHAN
12 VAIL ROAD, SUITE 600
VAIL, CO 81657
VAIL HOTEL 09 LLC
GENERAL COUNSEL
745 SEVENTH AVE
NEW YORK, NY 10019
MAURIELLO PLANNING GROUP
PO BOX 4777
EAGLE, CO 81631
CDOT
4201 E. ARKANSAS AVENUE
DENVER, CO 80222
SOLARIS PROPERTY OWNER LLC
141 E MEADOW DR 211
VAIL, CO 81657
THE RESIDENCES AT SOLARIS
CONDOMINIUM ASSOCIATION
CHRIS LACROIX
C/O GARFIELD & HECHT, P.C.
601 E. HYMAN AVENUE
ASPEN, CO 81611
FIRSTBANK OF VAIL
FIRSTBANK HOLDING CO
PO BOX 150097
LAKEWOOD, CO 80215-0097
SONNENALP PROPERTIES INC
20 VAIL RD
VAIL, CO 81657
VILLAGE INN PLAZA-PHASE V
CONDOMINIUM ASSOCIATION
CROSSROADS REALTY LTD
PO BOX 1292
VAIL, CO 81658
TALISMAN CONDOMINIUM ASSOCIATION
PTARMIGAN MANAGEMENT
62 E MEADOW DR
VAIL, CO 81657
ONE WILLOW BRIDGE ROAD
CONDOMINIUM ASSOCIATION, INC.
CORPORATION SERVICE COMPANY
1560 BROADWAY STE 2090,
DENVER, CO 80202,
ONE WILLOW BRIDGE ROAD
CONDOMINIUM ASSOCIATION
4148 NORTH ARCADIA DRIVE,
PHOENIZ, AZ 85018-4302
VAIL GATEWAY PLAZA CONDOMINIUM
ASSOCIATION, INC.
VAIL TAX & ACCOUNTING
P.O. BOX 5940
AVON, CO 81620
TOWN OF VAIL
FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
9
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 3, 2012
ITEM/TOPIC: Adjournment (8:50 p.m.)
7/3/2012