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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. 3 - 1 - 1 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. 3 - 1 - 2 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 3 - 2 - 1 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. 5 - 1 - 2 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 5 - 1 - 3 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 5 - 1 - 4 7/3/2012 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 5 - 4 - 1 7/3/2012 5 - 5 - 1 7/3/2012 6/28/2012 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 5 - 6 - 1 7/3/2012 6/28/2012 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 5 - 6 - 2 7/3/2012 6/28/2012 3 13 14 15 16 17 18 5 - 6 - 3 7/3/2012 6/28/2012 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 5 - 6 - 4 7/3/2012 6/28/2012 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 5 - 6 - 6 7/3/2012 6/28/2012 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 42 5 - 6 - 7 7/3/2012 6/28/2012 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 48 5 - 6 - 8 7/3/2012 6/28/2012 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 54 5 - 6 - 9 7/3/2012 6/28/2012 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 5 - 6 - 10 7/3/2012 5 - 7 - 1 7/3/2012 5 - 7 - 2 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- 6 - 1 - 1 7/3/2012 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. 6 - 1 - 2 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) 7 - 1 - 1 7/3/2012 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.” 7 - 1 - 2 7/3/2012 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 7 - 1 - 3 7/3/2012 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 7 - 2 - 1 7/3/2012 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 7 - 2 - 2 7/3/2012 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 7 - 2 - 3 7/3/2012 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. 7 - 2 - 4 7/3/2012 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 7 - 2 - 5 7/3/2012 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. 7 - 2 - 6 7/3/2012 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 7 - 2 - 7 7/3/2012 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. 7 - 3 - 1 7/3/2012 Town of Vail Page 2 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 7 - 3 - 2 7/3/2012 Town of Vail Page 3 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 7 - 3 - 3 7/3/2012 Town of Vail Page 4 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. 7 - 3 - 4 7/3/2012 Town of Vail Page 5 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 7 - 3 - 5 7/3/2012 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. 7 - 3 - 6 7/3/2012 Town of Vail Page 7 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. 7 - 3 - 7 7/3/2012 Town of Vail Page 8 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. 7 - 3 - 8 7/3/2012 Town of Vail Page 9 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. 7 - 3 - 9 7/3/2012 Town of Vail Page 10 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 7 - 3 - 10 7/3/2012 Town of Vail Page 11 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 7 - 3 - 11 7/3/2012 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 7 - 3 - 12 7/3/2012 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 7 - 3 - 13 7/3/2012 VA I L R D E MEADOW DR S FRON T A G E R D E W M E A D O W D R I 70 ON-R A M P ( E A S T B O U N D ) 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 7 - 3 - 14 7/3/2012 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 7 - 3 - 15 7/3/2012 7 - 3 - 16 7/3/2012 7 - 3 - 17 7/3/2012 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 7 - 3 - 18 7/3/2012 7 - 3 - 19 7/3/2012 7 - 3 - 20 7/3/2012 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. 6 7 - 3 - 21 7/3/2012 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 7 7 - 3 - 22 7/3/2012 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 7 - 3 - 23 7/3/2012 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 7 - 3 - 24 7/3/2012 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: July 3, 2012 ITEM/TOPIC: Adjournment (8:50 p.m.) 7/3/2012