HomeMy WebLinkAboutPEC080014Planning and Environmental Commisson
ACTION FORM
L! Department of Community Development
~g n~ VE" A 75 South Frontage Road, Vail, Colorado 81657
1~ Vr tei:970.479.2139 fax: 970.479.2452
CV,t,1P.17YDEVELOP%ti-47 web: www.vailgov.com
Project Name: STRATA EMPLOYEE HOUSING PLAN PEC Number: PEC080014
Project Description:
FINAL APPROVAL FOR AN AMENDMENT TO A DEVELOPMENT PLAN FOR STRATA VAIL
Participants:
OWNER LIONSHEAD INN LLC 03/17/2008
705 W LIONSHEAD CIR
VAIL
CO 81657
APPLICANT MAURIELLO PLANNING GROUP, LL 03/17/2008 Phone: 970-748-0920
PO BOX 1127
AVON
CO 81620
License: 0000001697
Project Address: 705 W LIONSHEAD CR VAIL Location: LIONSHEAD INN
Legal Description: Lot: 1 Block: 2 Subdivision: VAIL LIONSHEAD FIL 3
Parcel Number: 2101-063-0400-3
Comments: SEE CONDITIONS
BOARD/STAFF ACTION
Motion By: Kjesbo Action: APPROVED
Second By: Viele
Vote: 6-0-0 Date of Approval: 04/14/2008
Conditions:
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:300
(PLAN): PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0009907
That the Developer pays in full, the employee housing mitigation fee of $17,772.40
prior to the issuance of the building permit for Strata.
Cond: CON0009908
That the Developer records the applicable deed restriction, currently in place, with
the Town of Vail and Eagle County for the 870 square foot managers unit on-site and
the seven deed restricted dwelling units off-site, totaling 11,686 square feet, per
the approved housing mitigation plan entitled, Strata Vail Housing Plan dated
Revised on March 3, 2008, prior to requesting a temporary certificate of occupancy
or certificate of occupancy for Strata. The applicant may deed restrict different
units than shown in the housing mitigation plan as long as Staff determines they
meet the full requirements of Chapters 12-23, Commercial Linkage, and 12-24,
Inclusionary Zoning, Vail Town Code.
Planner: Warren Campbell PEC Fee Paid: $250.00
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 14, 2008
SUBJECT: A request for final review of an amendment to an approved major exterior
alteration, pursuant to Section 12-71-11-7, Major Exterior Alterations or
Modifications, Section12-23-8, Commercial Linkage, Section 12-24-8,
Inclusionary Zoning, Vail Town Code, to allow for a change in the
approved housing mitigation plan, located at 701 and 705 West
Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and
setting forth details in regard thereto. (PEC080014)
Applicant: Lionshead Inn LLC, represented by Mauriello Planning
Group LLC
Staff/Planner: Nina Timm & Warren Campbell
I. SUMMARY
The applicant, Lionshead Inn LLC, represented by Mauriello Planning Group
LLC, is requesting final review of an amendment to an approved major exterior
alteration, pursuant to Section 12-71-1-7, Major Exterior Alterations or
Modifications, Section 12-23-8, Commercial Linkage, Section 12-24-8,
Inclusionary Zoning, Vail Town Code, to allow for a change in the approved
housing mitigation plan, located at 701 and 705 West Lionshead Circle. The
proposed amendment to the approved deed restricted employee housing
mitigation plan results in the applicant deed restricting one 870 square foot
managers unit on-site, seven dwelling units off-site totaling 11,686 square feet,
and paying a fee-in-lieu for the remaining 75.1 square feet required to be
mitigated in the amount of $17,772.40.
Upon review of the applicable elements of the Town's planning documents and
adopted criteria for review, the Community Development Department is
recommending the Planning and Environmental Commission approves, with
conditions, the applicant's request for an amendment to an approved major
exterior alteration. A complete summary of Staffs review is provided in Section
VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
Since the approval of a major exterior alteration and several conditional use
permits to facilitate the redevelopment of the Lionshead Inn and Lionshed Inn
Annex on October 22, 2007, by the Planning and Environmental Commission,
the applicant Lionshead Inn LLC, represented by Mauriello Planning Group LLC,
has decided to pursue a different method for mitigating the required deed
restricted employee housing mitigation in associated with Strata (formerly
Fogata). On October 22, 2007, Strata was approved by the Planning and
Environmental Commission with a single 870 square foot manager's employee
housing unit on-site and a condition that the applicant pay a fee of $2,783,240.60
to mitigate the employee housing impact associated with the redevelopment.
The proposed amendment to the approved housing mitigation plan results in the
applicant deed restricting one 870 square foot managers unit on-site, seven
dwelling units off-site totaling 11,686 square feet, and paying a fee-in-lieu for the
remaining 75.1 square feet required to be mitigated in the amount of $17,772.40.
A vicinity map identifying the location of the development site has been attached
for reference (Attachment A). A copy of the document entitled Strata Vail
Housing Plan dated Revised March 3, 2008, which details the proposed method
of mitigating the employee housing mitigation is attached for reference
(Attachment B).
III. BACKGROUND
• The subject property was annexed into the Town of Vail by Ordinance No.
8, Series of 1969, which became effective on August 23, 1969.
• The Lionshead Inn and Lionshead Annex (Fabulous Vail Glo), and Enzian
were initially developed as a single project in the late 1960's and early
1970's. They were later subdivided onto separate parcels resulting in the
existing Enzian structure being located on a parcel which is enclosed by
the lot the Lionshead Inn is located upon.
• Since the initial construction there has been little activity on the existing
structures. There were several redevelopment proposal and approvals
granted in the late 1980's and in the 1990's; however, none were followed
through.
• In April of 2006, the Town Council passed a moratorium on all new
development within Lionshead until a policy for retaining a live bed base
could be determined. In July of 2006, the Town Council passed
Resolution No. 4, Series of 2006, which amended portions of the
Lionshead Redevelopment Master Plan to include the provision for the
inclusion of "Live Beds" in all projects that included hotel rooms and other
lodge style units in Lionshead.
• In February of 2007, the Town Council passed Ordinances No. 7 and No.
8, Series of 2007, which enacted regulations for the provision of
employee housing units through several possible mitigation methods for
all projects in the Lionshead Mixed-Use 1 district.
• On August 13, 2007, the Planning and Environmental Commission held a
work session to discuss the Fogata project. At that hearing the
Commission generally expressed support for the bulk, mass, and height
of the proposed structure. Several members of the Commission identified
a goal of locating a portion of the required employee housing mitigation
within the project. There was discussion regarding several specific
architectural elements and their lack of compliance with the Lionshead
Redevelopment Master Plan.
• On October 22, 2007, the Planning and Environmental Commission, by a
vote of 4-2-0 (Pierce and Kjesbo opposed), approved the Fogata
development proposal which was comprised of three (3) different
development review applications. Each application facilitated the
redevelopment proposal. The development applications included:
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A major exterior alteration application for the structure containing
dwelling units, time share units, lodge dwelling units, lock-offs, an
employee housing unit, commercial/retail space, and amenities for
the project; and
A conditional use permit application for "multiple-family residential
dwelling units" located on the first floor or street level of the
structure.
A conditional use permit application for "private parking lot"
located within the subterranean levels of the structure.
IV.
ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to clarify the responsibilities of
the Design Review Board, Planning and Environmental Commission, Town
Council, and Staff on the various applications submitted on behalf of Vail Resorts
Development Company.
A. Exterior Alteration/Modification in the Lionshead Mixed-Use I
zone district
Order of Review: Generally, applications will be reviewed first by the
Planning and Environmental Commission for impacts of use/development
and then by the Design Review Board for compliance of proposed
buildings and site planning.
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for
final approval/denial of a Major/Minor Exterior Alteration. The Planning
and Environmental Commission shall review the proposal for compliance
with the adopted criteria. The Planning and Environmental Commission's
approval "shall constitute approval of the basic form and location of
improvements including siting, building setbacks, height, building bulk and
mass, site improvements and landscaping."
Design Review Board:
Action: The Design Review Board has no review authority on a Major or
Minor Exterior Alteration, but must review any accompanying Design
Review Board application.
Staff.
The staff is responsible for ensuring that all submittal requirements are
provided and plans conform to the technical requirements of the Zoning
Regulations. The staff also advises the applicant as to compliance with
the design guidelines. Staff provides a staff memo containing
background on the property and provides a staff evaluation of the project
with respect to the required criteria and findings, and a recommendation
on approval, approval with conditions, or denial. Staff also facilitates the
review process.
Town Council:
Actions of Design Review Board or Planning and Environmental
Commission may be appealed to the Town Council or by the Town
Council. Town Council evaluates whether or not the Planning and
Environmental Commission or Design Review Board erred with approvals
or denials and can uphold, uphold with modifications, or overturn the
board's decision.
V. APPLICABLE DOCUMENTS
Staff has provided portions of the Vail Town Code and several master plans
which are relevant to the proposed topics for the review of the proposed
redevelopment proposal.
Zoning Regulations
Lionshead Mixed Use - 1 Zone District (in part)
12-7H-1: PURPOSE:
The Lionshead Mixed Use-1 zone district is intended to provide sites for a
mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time
shares, lodge dwelling units, restaurants, offices, skier services, and commercial
establishments in a clustered, unified development. Lionshead Mixed Use 1 zone
district, in accordance with the Lionshead Redevelopment Master Plan, is
intended to ensure adequate light, air, open space and other amenities
appropriate to the permitted types of buildings and uses and to maintain the
desirable qualities of the District by establishing appropriate site development
standards. This District is meant to encourage and provide incentives for
redevelopment in accordance with the Lionshead Redevelopment Master Plan.
This Zone District was specifically developed to provide incentives for properties
to redevelop. The ultimate goal of these incentives is to create an economically
vibrant lodging, housing, and commercial core area. The incentives in this Zone
District include increases in allowable gross residential floor area, building height,
and density over the previously established zoning in the Lionshead
Redevelopment Master Plan study area. The primary goal of the incentives is to
create economic conditions favorable to inducing private redevelopment
consistent with the Lionshead Redevelopment Master Plan. Additionally, the
incentives are created to help finance public off-site improvements adjacent to
redevelopment projects. With any developmenf/redevelopment proposal taking
advantage of the incentives created herein, the following amenities will be
evaluated: streetscape improvements, pedestrian/bicycle access, public plaza
redevelopment, public art, roadway improvements, and similar improvements.
12-7H-8: COMPLIANCE BURDEN:
It shall be the burden of the applicant to prove by a preponderance of the
evidence before the Planning and Environmental Commission and the Design
Review Board that the proposed exterior alteration or new development is in
compliance with the purposes of the Lionshead Mixed Use 1 zone district, that
the proposal is consistent with applicable elements of the Lionshead
Redevelopment Master Plan and that the proposal does not otherwise have a
significant negative effect on the character of the neighborhood, and that the
proposal substantially complies with other applicable elements of the Vail
comprehensive plan.
4
12-7H-18: MITIGATION OF DEVELOPMENT IMPACTS:
Property owners/developers shall also be responsible for mitigating direct
impacts of their development on public infrastructure and in all cases mitigation
shall bear a reasonable relation to the development impacts. Impacts may be
determined based on reports prepared by qualified consultants. The extent of
mitigation and public amenity improvements shall be balanced with the goals of
redevelopment and will be determined by the planning and environmental
commission in review of development projects and conditional use permits.
Mitigation of impacts may include, but is not limited to, the following: roadway
improvements, pedestrian walkway improvements, streetscape improvements,
stream tract/bank improvements, public art improvements, and similar
improvements. The intent of this section is to only require mitigation for large
scale redevelopment/development projects which produce substantial off site
impacts.
Lionshead Redevelopment Master Plan (in part)
Chapter 2, Introduction
2.1 Purpose of the Master Plan (in part)
"This master plan was initiated by the Town of Vail to encourage
redevelopment and new development initiatives in the Lionshead
study area. Both public and private interests have recognized that
Lionshead today lacks the economic vitality of Vail and fails to
offer a world class resort experience. Lionshead's economic
potential has been inhibited by a number of recurrent themes:
• Lack of growth in accommodation units ("hot beds');
• Poor retail quality;
• Deterioration of existing buildings;
• Uninteresting and disconnected pedestrian environment;
• Mediocre architectural character, and the
• Absence of incentives for redevelopment.
This master is a comprehensive guide for property owners
proposing to undertake development or redevelopment of their
properties and the municipal officials responsible for planning
public improvements. The plan outlines the Town's objectives and
goals for the enhancement of Lionshead and proposes
recommendation, incentives, and requirements for redevelopment
and new development. "
2.2 Definition of a Master Plan
In the development of the Lionshead Master Plan, the following
definition has been used as the basis for this work:
A master plan is a guide, a flexible framework for future action. It
articulates a community's fundamental land use policies,
principles, and goals in a broad and general way. It plans for the
future physical development or redevelopment of an area of the
community, including its functional and circulation systems and its
public facilities.
The land use policies in a master plan are generally implemented
through zoning ordinances. Existing zoning and land use codes
may be modified and new provisions enacted in order to conform
to the master plan and carry out the plan's objectives.
A master plan does not convey approval for particular
development proposals or concepts, nor can it be implemented in
a short time frame. After adoption of the Lionshead Master Plan,
every development proposal will have to go through the applicable
development review and approval process, with its attendant
public notices and public hearings. A proposal's adherence to the
policies contained in the adopted master plan will be one of the
factors analyzed by staff, the Planning and Environmental
Commission (PEC), the Design Review Board (DRB), and the
Town Council (as applicable) in determining whether to approve or
disapprove the specific proposal.
2.3 Policy Objectives
The Town Council adopted six policy objectives on November 4,
1996 to outline the important issues to be addressed in the master
plan and to provide a policy framework for the master planning
process.
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to
become a warmer, more vibrant environment for guests
and residents. Lionshead needs an appealing and
coherent identity, a sense of place, a personality, a
purpose, and an improved aesthetic character.
2.3.2 Vitality and Amenities
We must seize the opportunity to enhance guest
experience and community interaction through expanded
and additional activities and amenities such as performing
arts venues, conference facilities, ice rinks, streetscape,
parks and other recreational improvements.
2.3.3 Stronger Economic Base Through Increased Live Beds
In order to enhance the vitality and viability of Vail, renewal
and redevelopment in Lionshead must promote improved
occupancy rates and the creation of additional bed base
("live beds" or "warm beds') through new lodging products.
2.3.4 Improved Access and Circulation
6
The flow of pedestrian, vehicular, bicycle and mass transit
traffic must be improved within and through Lionshead.
2.3.5 Improved Infrastructure
The infrastructure of Lionshead (streets, walkways,
transportation systems, parking, utilities, loading and
delivery systems, snow removal and storage capacity) and
its public and private services must be upgraded to support
redevelopment and revitalization efforts and to meet the
service expectations of our guests and residents.
2.3.6 Creative Financing for Enhanced Private Profits and Public
Revenues
Financially creative and fiscally realistic strategies must be
identified so that adequate capital may be raised from all
possible sources to fund desired private and public
improvements.
Chapter 4, Master Plan Recommendations - Overall Study Area
This section of the master plan addresses issues that affect Lionshead as a
whole. These issues, and recommendations to address them, should be
considered in all planning and policy decisions as Lionshead develops.
4.9 Housing
Recent community surveys and grass-roots planning efforts such
as Vail Tomorrow have identified the lack of locals housing as the
most critical issue facing the Vail community. Early in the
Lionshead master planning process, west Lionshead was
identified as an opportunity area to implement some of the
community's housing goals, particularly relating to employee
housing. These opportunities and associated issues are outlined
below.
4.9. 1 No Net Loss of Employee Housing
Ground rule number five of the master plan states that
there shall be no net loss of employee housing in
Lionshead as redevelopment occurs.
4.9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in
Lionshead is through policy based requirements such as
the employee generation ordinance currently being
pursued by the Vail Town Council. As required by a future
ordinance, all development and redevelopment projects,
as a prerequisite to project approval, should provide
housing for employees generated and to the extent
7
possible this housing should be located in the Lionshead
area.
VI. ZONING ANALYSIS
Address/Legal Description: 701 and 705, West Lionshead Circle/Lots 1 Vail
Lionshead Filing 3
Parcel Size: 1.5688 acre (68,336.9 sq. ft.)
Zoning: Lionshead Mixed Use 1
Land Use Designation: Linshead Redevelopment Master Plan
Development Standard Allowed Approved 10-22-07 Proposed
Lot Area: 10,000 sq. ft. 68,336.9 sq. ft. No Change
Setbacks All Sides: 10 ft. North - 30 ft. No Change
East- 10 ft. No Change
West- 10 ft. No Change
South- 10 ft. No Change
Building Height: 71 ft. avg. 69.5 ft. avg. No Change
82.5 ft. max 82.5 ft. max No Change
Density: 54 DUs (35/ac.) 51 DUs No Change
Lodge Dwelling Unit 12 Lodge DUs No Change
(1/4 a dwelling unit)
54 DUs (34.4/ac.) No Change
Unlimited Lock-offs 12 Lock-offs No Change
Unlimited Time Share 14 Time Share No Change
GRFA:
170,840 sq. ft. 127,606 sq. ft.
No Change
Site Coverage:
47,835 sq. ft. 42,397 sq. ft.
No Change
(62.0%) (70%)
Landscape Area:
13,667 sq. ft. (20%) 17,401 sq. ft. (25.5%
) No Change
Parking:
71.4 (1.4/DU) 183 spaces*
No Change
9.8 (0.7/Time Share)
16.8 (1.4/Lodge Dwelling Unit)
8.2 (1/250 s.f. of restaurant seating area)
6.2 (2.3/1,000 s.f. of net floor area)
1.4 (1.4/EHU)
Loading 3 berths 3 berths No Change
* Of the parking spaces proposed, 114 spaces will serve Fogata and 69 are requested to
be placed in a private parking club.
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VII. SURROUNDING LAND USES AND ZONING
Land Use
Zoninq
North:
Residential
Lionshead Mixed Use 1 District
South:
Open Space
Natural Area Preservation District
East:
Residential
Lionshead Mixed Use 1 District
West:
Public Utility
General Use District
Vlll. CRITERIA
Maior Exterior Alteration
Section 12-71-1-8, Compliance Burden, Vail Town Code, outlines the review
criteria for an amendment to a major exterior alteration applications proposed
within the Lionshead Mixed Use 1 (LMU-1) zone district. As these criteria were
thoroughly respond to in the memorandum to the Planning and Environmental
Commission dated October 22, 2008, with regard to the physical building, site
plan, and program proposed for Strata, Staff will not focus the response to these
criteria solely on the proposed amendments to the housing mitigation plan.
According to Section 12-71-1-8, Vail Town Code, a major exterior alteration shall
be reviewed for compliance with the following criteria:
1. That the proposed major exterior alteration is in compliance with the
purposes of the Lionshead Mixed Use 1 zone district;
Staff Response:
In February of 2007, the Town Council passed Ordinances No. 7 and No.
8, Series of 2007, which enacted regulations for the provision of deed
restricted employee housing through several possible mitigation methods
for all projects in the Lionshead Mixed Use-1 district. Within these
ordinances a nexus was established between commercial and residential
development and the generation of employees was established. In
adopting these ordinances a methodology was established to determine
the impact of a commercial and residential development on the need for
employee housing at a goal of providing 30% of the housing generated by
a project.
Further more there were provisions for meeting the requirement for
providing employee housing through several different options or
combination of options. The options include:
• Provision of on-site units;
• Conveyance of property on-site;
• Provision of off-site units;
• Payment of fees-in-lieu; and
• Conveyance of property off-site
A proposed development or redevelopment may choose to propose any
of the above options or combination of options. Within the two
Ordinances, the Planning and Environmental Commission was given the
authority to review an applicant's proposal for mitigating the employee
9
generation of a project and grant approval of the proposal. There are
some specific instances were the Town Council must also accept the
proposal for mitigating the employee requirement generated by a project.
The Staff has reviewed the amended proposal for compliance with
Ordinances No. 7 and 8, Series of 2007, and found it to be accurate in
calculating the mitigation requirement for the proposed Strata project with
the exception that a tenth (0.1) was not carried forward in determining the
remaining square footage which results in an additional $23.65 being
added to the fee-in-lieu being required. Staff has attached the proposed
Strata Vail Housing Plan dated Revised on March 3, 2008 (Attachment
B).
On October 22, 2007, Strata was approved by the Planning and
Environmental Commission with a single 870 square foot manager's
employee housing unit on-site and a condition that the applicant pay a fee
of $2,783,240.60 to mitigate the employee housing impact associated
with the redevelopment. The proposed amendment to the approved
housing mitigation plan results in the applicant deed restricting one 870
square foot managers unit on-site, seven dwelling units off-site totaling
11,686 square feet, and paying a fee-in-lieu for the remaining 75.1 square
feet required to be mitigated in the amount of $17,772.40.
Staff believes this proposed Strata development complies with this
criterion.
2. That the proposal is consistent with applicable elements of the
Lionshead Redevelopment Master Plan;
Staff response:
Staff has performed a review of the proposed amendment for compliance
with the development requirements of the Lionshead Mixed Use-1 district.
Within Section V of this memorandum Staff provided those portions of
Chapter 4 of the Lionshead Redevelopment Master Plan which speak to
employee housing. Staff has performed a review of the Master Plan and
Chapters 12-23, Commercial Linkage, and 12-24, Inclusionary Zoning,
Vail Town Code, and found the proposed amendment to be in compliance
with the Master Plan and the Zoning Code.
3. That the proposal does not otherwise have a significant negative
effect on the character of the neighborhood; and,
Staff Response:
Staff has reviewed the proposed Strata project in an attempt to identify
any significant negative impacts that may be created on the character of
the neighborhood as a result of the amendment to the employee housing
mitigation plan. As the only change is to provide a large portion of the
requirement off-site by deed restricting existing units Staff does not see
any negative impact on the character of the specific neighborhoods in
which the units are located.
10
4. That the proposal substantially complies with other applicable
elements of the Vail Comprehensive Plan.
Staff Response:
Staff has reviewed the Vail Comprehensive Plan to determine which
elements of the Plan apply to the review of the proposed Strata
amendments regarding the housing mitigation plan. Upon review of the
Plan, staff has determined that the following elements of the Plan apply:
• Lionshead Redevelopment Master Plan (adopted 1998)
Overall, staff believes that the applicant has proven by a preponderance of
the evidence that the proposed amendment to the major exterior alteration
to amend the housing mitigation plan is in compliance with the purposes of
the Lionshead Mixed Use-1 zone district, that the proposal is consistent
with applicable elements of the Lionshead Redevelopment Master Plan
and that the proposal does not otherwise have a significant negative effect
on the character of the neighborhood, and that the proposal substantially
complies with other applicable elements of the Vail Comprehensive Plan.
Should the Planning and Environmental Commission choose to approve the
major exterior alteration application, the Commission makes the following finding
as part of the motion:
"Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the
applicant has proven by a preponderance of the evidence before the
Planning and Environmental Commission and the Design Review Board
that the proposed major exterior alteration is in compliance with the
purposes of the Lionshead Mixed Use 1 zone district, that the proposal is
consistent with applicable elements of the Lionshead Redevelopment
Master Plan and that the proposal does not otherwise have a significant
negative effect on the character of the neighborhood, and that the proposal
substantially complies with other applicable elements of the Vail
Comprehensive Plan."
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission approves, with conditions, the request for final
review of an amendment to an approved major exterior alteration, pursuant to
Section 12-71-1-7, Major Exterior Alterations or Modifications, Sectionl2-23-8,
Commercial Linkage, Section 12-24-8, Inclusionary Zoning, Vail Town Code, to
allow for a change in the approved housing mitigation plan, located at 701 and
705 West Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and
setting forth details in regard thereto. Staff's recommendation is based upon the
review of the major exterior alteration review criteria outlined in Section VIII of
this memorandum and the evidence and testimony presented at the public
hearing.
Should the Planning and Environmental Commission choose to approve the
application as recommended, staff recommends that the Commission makes the
following finding as part of the motion:
"Pursuant to Section 12-7H-8, Compliance Burden, Vail Town Code, the
applicant has proven by a preponderance of the evidence before the
Planning and Environmental Commission that the proposed amendment to
the approved major exterior alteration is in compliance with the purposes
of the Lionshead Mixed Use-1 zone district, that the proposal is consistent
with applicable elements of the Lionshead Redevelopment Master Plan
and that the proposal does not otherwise have a significant negative effect
on the character of the neighborhood, and that the proposal substantially
complies with other applicable elements of the Vail Comprehensive Plan. "
Should the Planning and Environmental Commission choose to approve the
application as recommended, staff recommends that the following conditions be
placed on the approval:
Prior to Issuance of Building Permits
1) That the Developer pays in full, the employee housing mitigation fee of
$17,772.40 prior to the issuance of the building permit for Strata.
Prior to Requesting a Temporary Certificate of Occupancy
2) That the Developer records the appropriate deed restriction with the Town
of Vail and Eagle County for the 870 square foot managers unit on-site
and the seven dwelling units off-site, totaling 11,686 square feet, per the
approved housing mitigation plan entitled, Strata Vail Housing Plan
dated Revised on March 3, 2008, prior to requesting a temporary
certificate of occupancy or certificate of occupancy for Strata.
X. ATTACHMENTS
A. Vicinity Map
B. Strata Vail Housing Plan dated revised on March 3, 2008
C. Public Notice
12
M
Attachment A
J~ I :Zr
Mauriello Planning Group
Town of Vail Planning and Environmental Commission
c/o Warren Campbell, Chief of Planning March 11, 2008
Department of Community Development
75 S. Frontage Road
Vail, CO 81657
RE: Revision to Strata Vail Housing Plan
Dear Planning Commissioners,
On behalf of the owners of the Lionshead Inn properties, I am submitting this request for approval to
the Housing Plan for Strata Vail (formerly Fogata Lodge). In October of 2007, the major exterior
alteration and conditional use permit allowing for Strata Vail was approved by the Town of Vail.
This approval included the Housing Plan as required by the Town of Vail for any application for
commercial or residential uses. At the time, the Housing Plan approval included:
• 870 sq. ft. of employee housing on-site in the form of a 2-bedroom manager's unit
• 11,761 sq. ft. of employee housing to be met through the fee-in-lieu, for a total of
$2,783,240.60.
Since the approval, the owners have recognized the benefits, both to the Town of Vail and for their
own employees, of having deed-restricted employee housing units dispersed throughout the Town.
As a result, we are requesting approval of a revised Housing Plan which would allow for the
provision of off-site units to meet the employee housing requirements. These units will provide an
immediate benefit to the Town by permanently restricting the homes to full-time Eagle County
residents, unlike the fee-in-lieu option where the actual provision of employee beds is at some future,
as of yet undetermined, time.
This application is being submitted on March 11, 2008, and is therefore not subject to current
revisions being proposed, which are in the Town of Vail review process at this time for amendments
to Chapter 23 (Commercial Linkage) and Chapter 24 (Inclusionary Zoning). There are no
notification requirements for an amendment to a Housing Plan and therefore we are requesting a
Planning Commission hearing date of March 24, 2008.
Should you have any questions, please do not hesitate to contact me at 970.748.0920 or via
email at allison@mpgvail.com. Thank you for your consideration in this matter.
Sincerely,
Allison Kent, Senior Associate
Mauriello Planning Group, LLC
Attachment B
Strata Vail Housing Plan
REVISED March 3, 2008
The Strata Vail Housing Plan was approved in September of 2007. At the time, the owner was proposing to
construct one on-site unit of 870 sq. ft., and meeting the remaining requirement of 11,761 sq. ft through the
pay-in-lieu option. However, an opportunity to provide off-site units was presented to the owners and this
revised Housing Plan is being submitted to the town for review by the Planning and Environmental
Commission.
CALCULATION METHOD
A. Existing Conditions
Existing Accommodation Units 85
Existing Eating and Drinking Establishment 2,560 sq ft
COMMERCIAL DEVELOPMENT: Any development that includes uses such as business offices,
professional offices, accommodation units, general retail, grocery, liquor and convenience,
recreational amenity, real estate offices, conference facilities, health clubs, eating and drinking
establishments, service oriented businesses, or similar uses.
Existing Dwelling Unit
1,602 sq ft
RESIDENTIAL DEVELOPMENT: A development that includes at least one dwelling unit,
including single-family dwellings, two-family dwellings, multiple family dwellings,
fractional fee club units, lodge dwelling units, attached accommodation units, and
timeshare units.
B. Net New Commercial Development for Strata Vail
1. Commercial Development Increase = Commercial Linkage
Commercial linkage requirement = 20% of net new employees generated
Decrease in Accommodation Units from 85 to zero
= 85 unit decrease
85 x .7 employees (per accommodation unit) x 20% mitigation
_ (11 .9) employees - credit
b. Increase in Eating/Drinking sq ft from 2,560 sq ft to 6,995
= 4, 435 sq ft increase
4,435 sq ft / 1,000 x 6.75 employees (Eating/Drinking) x 20% mitigation
= 5.99 employees to be provided deed restricted employee housing
Total = (5.91) employees - credit for commercial development
2. No Commercial Linkage mitigation is required
Slrala Vail Housing Plan - REVISED March 3, 2008
C. Net New Residential Development for Strata Vail
Residential Development Increase = Inclusionary Zoning
Inclusionary Zoning requirement = 10 percent of net new residential sq ft
Increase in GRFA from 1,602 sq ft to 127,913 sq ft
= 126, 311 sq It increase
126,311 sq ft x 10
= 12,631 .1 sq ft required deed restricted employee housing
D. Mitigation Method
The applicant is proposing to construct 870 sq. ft. of employee housing on-site. The applicant
is proposing to construct a 2-bedroom unit, including a full kitchen. The unit is intended to be
used for an on-site manager, and therefore, rather than doing multiple small units, we are
proposing to do a larger employee housing unit that will meet the needs of an on-site
manager.
In addition, 11,686 sq. ft. will be provided in off-site units within the Town of Vail. The off-site
units will be deed-restricted according to the Town's requirements. The units are located at the
following addresses:
Parcel #
Address
Legal Address
Square
Owner
Footage
21031 1416024
2111 N.
Vail Dos Schone
1330 sf.
2111 North Frontage A-24
Frontage Rd A24
Condo Unit A-24
LLC
210314319014
2500 Kinnikinnick
Meadow Creek Condo
1628 sf.
2500 Kinnikinnick K1 LLC
Rd Unit K1
Intermtn Unit K-1
210314314012
2753 Kinnikinnick
Meadow Creek
1604 sf.
2753 Kinnikinnick B6 LLC
Rd Unit 136
Condomiums Unit B-6
210314319009
2510 Kinnikinnick
Meadow Creek Condo
1628 sf.
2510 Kinnikinnick L-3 LLC
L3
Untermtn Unit L-3
210314316001
2700 larkspur
Vail Wilderness
1832 sf.
2700 Larkspur Court LLC
Court Unit 1
Townhouses Unit: 1
210314316003
2700 Larkspur
Vail Wilderness
1832 sf.
2700 larkspur Court LLC
Court Unit 3
Townhouses Unit: 3
210314316002
2700 Larkspur
Vail Wilderness
1832 sf.
2700 larkspur Court LLC
Court Unit 2
Townhouses Unit: 2
The remaining 75 sq. ft. requirement will be met through the fee-in-lieu option, in the amount of
$ 17,748.75. This will be paid at building permit, as is required by code. The exact amount
will be based upon the GRFA actually constructed on-site and any changes in the final GRFA
and housing requirement will be resolved with staff.
2. PLANS
A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-
3, Building Requirements.
See attached.
Strata Vail Housing Plan - REVISED March 3, 2008
2
3. LOT SIZE
The average lot size of the proposed EHUs and the average lot size of other dwelling units in the
commercial development or redevelopment.
Not Applicable
4. SCHEDULES
A timeline for the provision of any off-site EHUs.
Deed restrictions for off-site units will be provided prior to TCO of the project.
5. OFF-SITE UNITS
A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of
the proposal.
Strata Vail is one of the first projects approved subject to the Town's newly adopted employee housing
regulations. It was already in the Town's process when the regulations were adopted, and the
uncertainty of what the final requirement would be lead the owners to pursue the fee-in-lieu option to
meet the requirements of the Town. In its final form, multiple options were provided to developers to
fulfill the employee housing requirements.- on-site, off-site, or fee-in-lieu. The owners are now
proposing to meet the employee housing requirement by providing offsite deed restricted units, in
accordance with the Town's requirements outlined in Chapter 24, fnclusionary Zoning, Vail Town
Code. Providing off-site units will afford a benefit to the Town of Vail,, as it will immediately have
employee units in place.
6. OFF-SITE CONVEYANCE REQUEST
A request for an off-site conveyance shall include a brief statement explaining the basis for the request.
Not Applicable
7. FEES-IN-LIEU
A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal.
The remaining 75 sq. ft. requirement will be met through the fee-in-lieu, in the amount of $17,748.75.
This is not a viable amount of sq. h. to provide an additional unit.
WRITTEN NARRATIVE
A written narrative explaining how the employee housing plan meets the purposes of the Chapter and
complies with the Town's Comprehensive Plan.
A. Chapter 12-24-1 The purpose of Chapter 12-24-1 is as follows:
The purpose of this Chapter is to ensure that new residential development and redevelopment
in the Town of Vail provide for a reasonable amount of employee housing to mitigate the
impact on employee housing caused by such residential development and redevelopment.
Shalo Voil Housing Plan - REV/SED March 3, 2008
3
The total average square feet of the proposed dwelling units in Strata Vail is 1,600 sq. ft. Based
on the Town of Vail's Nexus Study, a dwelling unit of this size would generate 0.09 employees.
According to the Nexus Study, total employees generated by the residential uses on the site are
6.84. At 350 sq. ft. per employee, that equates to a total of 2,394 sq. ft. required to fulfill the
Strata Vail's impact on employee housing, according to the Nexus Study. In addition, the change
in use from hotel to residential units, results in a reduction of over 30 employees that are needed to
serve the site. To summarize, the employee housing requirement of the Town of Vail on the Fogata
Lodge actually serves to not only mitigate the impact of the development, but also provides housing
for more employees than it generates. This Housing Plan clearly exceeds the purpose of Chapter
24.
B. Ordinance No. 8 - Inclusionary Zoning It is the stated intent of the Vail Town Council that new
residential development and redevelopment be burdened with providing employee housing that is
related to the number of new lobs generated by the development. The Town Council's intent is
explicitly expressed in the ordinance:
"WHEREAS, new residential development and redevelopment in the Town will result in
new employees being needed .
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new
residential development and redevelopments which have a nexus to new job
generation;
WHEREAS, it is the Town Council's goal to provide housing for at least 30% of the
new employees generated
Compliance with the ordinance read as a whole, specifically including the requirement that there
be a nexus to the number of net new employees generated, results in no (0) employee housing
burden imposed on Strata Vail. Under a strict application of only the mathematical formula set
forth in Ordinance No. 8, and without any consideration of the ordinance's purpose to address
new employee generation, the burden is more than satisfied. Although the ordinance, in fact,
imposes no employee housing burden on Strata Vail, this developer agrees with the policy of
providing affordable housing in the Town of Vail. Accordingly, based on a consideration of the
language, intent and purpose of the inclusionary zoning ordinance, there is no basis for denying
this housing plan.
C. Lionshead Redevelopment Master Plan Strata Vail is located in Lionshead. The following is taken
from Chapter 4 of the Lionshead Redevelopment Master Plan:
4.9 Housing
Recent community surveys and grass-roots planning efforts such as Vail Tomorrow have
identified the lack of locals' housing as the most critical issue facing the VC11
community. Early in the Lionshead master planning process, west Lionshead was
Sliala vail Housing Plan - REV/SED March 3, 2008
4
identified as on opportunity area to implement some of the community's housing goals,
particularly relating to employee housing. These opportunities and associated issues
are outlined below.
4.9. 7 No Net [oss of Employee Housing
Ground rule number five of the master plan states that there shall be no net loss
of employee housing in Lionshead as redevelopment occurs.
4.9.2 Visual Issues
The financial realities of affordable housing often require cost reducing
measures, generally involving the quality of detailing, planning, and
architectural design. Given the strong desire to make these housing projects
feasible, it is recommended that some latitude be granted to affordable
housing developers. However, it is also important that financial realities not be
used as an excuse to produce unsightly, poorly designed, substandard
products. Employee housing does not need to match the architectural
sophistication of a five star resort development, but it does need to be good
quality construction and design. Rivers Edge in Avon is a good example of an
attractive yet affordable employee housing project.
4. 9.3 Policy Based Housing Opportunities
The first means of implementing housing goals in Lionshead is through policy
based requirements such as the employee generation ordinance currently
being pursued by the Vail Town Council. As required by a future ordinance,
all development and redevelopment projects, as a prerequisite to project
approval, should provide housing for employees generated and to the extent
possible this housing should be located in the Lionshead area.
At the time of the adoption of the Lionshead Redevelopment Master Plan, the practice of the Town of
Vail was to require mitigation of the employees actually generated by a project. Neither the Town nor
the Lionshead Redevelopment Master Plan ever anticipated an inclusionary requirement in excess of the
new employees generated. As a result, by providing for housing for significantly more employees than
that actually generated by the development, Strata Vail has greatly exceeded the requirements and
policies of the Lionshead Redevelopment Master Plan.
The Town Vail Land Use Plan offers the following goals with regard to employee housing:
5.3 Affordable employee housing should be mode available through private efforts, assisted
by limited incentives, provided by the Town of Vail, with appropriate restrictions.
5.5 The existing employee housing base should be preserved and upgraded. Additional
employee housing needs should be accommodated at varied sites throughout the
community.
Strata Vail Housing I'/on - REVISED March 3, 2008
5
The Town of Vail Land Use Plan indicates that "limited incentives" were to be provided by the Town to
private entities providing employee housing. In the case of Strata Vail, no incentives were provided.
Strata Vail complies with these statements from the Town of Vail Land Use Plan.
Strata Vail Housing Plan - REVISED March 3, 2008
6
TOWN OF PAIL
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on April 14, 2008, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final recommendation to the Vail Town Council for a major amendment to
Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A, Special
Development District, Vail Town Code, to allow for an addition to the Osaki's Sushi
restaurant, located at 100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC080016)
Applicant: Takeshi and Kazue Osaki, represented by K.H. Webb Architects
Planner: Bill Gibson
A request for a final review of a variance from Section 12-6D-10, Landscaping And Site
Development, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for a
decrease in the required minimum landscaping area, located at 1715 Geneva
Drive/Parcel 3 of Lot 7, Matterhorn Village, and setting forth details in regard thereto.
(PEC080017)
Applicant: Dave Hilb, represented by John Martin Architect
Planner: Bill Gibson
A request for a final recommendation to the Vail Town Council of a proposed
amendment to the Vail Village Master Plan, pursuant to Section VIII-C, Adoption,
Extensions, and Amendments, Vail Village Master Plan, to amend Sub-Area 4,
Transportation Center, to facilitate the redevelopment of the site with employee housing,
commercial, and office uses, located at 241 South Frontage Road East/Tracts B and C,
Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC080015)
Applicant: Town of Vail
Planner: George Ruther
A request for final review of an amendment to an approved major exterior alteration,
pursuant to Section 12-71-1-7, Major Exterior Alterations or Modifications, Section12-23-8,
Commercial Linkage, Section 12-24-8, Inclusionary Zoning, Vail Town Code, to allow for
a change in the approved housing mitigation plan, located at 701 and 705 West
Lionshead Circle/part of Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details
in regard thereto. (PEC080014)
Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC
Staff/Planner: Nina Timm/Warren Campbell
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
a~~ed
rn
on. of
0 C'
Attachment: C
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published March 28, 2008, in the Vail Daily.
Application for Review by the
t Planning and Environmental Commission
OWN ff ; Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
❑ Variance $500
❑ Conditional Use Permit
$650
❑ Sign Variance $200
❑ Floodplain Modification
$200
❑ Rezoning $1300
❑ Major Subdivision $1500
❑ Minor Subdivision $650
❑ New Special Development District $6000
❑ Major Amendment to an SDD $6000
❑ Minor Exterior Alteration
❑ Major Exterior Alteration
❑ Development Plan
IN Amendment to a Development Plan
❑ Zoning Code Amendment
$650
$800
$1500
$250
$1300
❑ Major Amendment to an SDD $1250
(no exterior modifications)
Description of the Request: Amendment to
the approved Housing Plan for Strata Vail
(formerly Fogata Lodge)
Location of the Proposal: Lot: 1 Block:
2 Subdivision: Vail Lionshead Filing
3
Physical Address: 705 west Lionshead Ci
rcle
Parcel No.: 210106304003 210106304002(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning: Lionshead Mixed Use - 1
Name(s) of Owner(s): Lionshead Inn LLC
Mailing Address: 705 W. Lionshead Circl
e
Vail, co 816/f-\,
p One,
Owner(s) Signature(s):
Tuv-- 4~ 00
Name of Applicant: Mauriello Planning
Group
Mailing Address: P.O. Box 1127
Avon, CO 81620
Phone: 970-748-0920
E-mail Address: dominic@mpgvail.com Fax 970-748-0377
For Office Use nlyi L_ 7 8
I L ~L~
Fee Paid: -24 0 Check No.: By:
_
Meeting Date: PEC No.
Planner: - Project No.:
10-18-2006.doc Page 1 of 7
P
m
Vow&
ft<
IJ V
2-28-05
Mli'%; 1 1 2008
TOWN OF VAIL
TOWN OF VAIL, COLORADO Statement
Statement Number: R080000281 Amount: $250.00 03/17/200811:03 AM
Payment Method: Check Init: JS
Notation: 1398/MAURIELLO
PLANNING GROUP
Permit No: PEC080014 Type: PEC - Amend to Dev Plan
Parcel No: 2101-063-0400-3
Site Address: 705 W LIONSHEAD CR VAIL
Location: LIONSHEAD INN
Total Fees: $250.00
This Payment: $250.00 Total ALL Pmts: $250.00
Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description Current Pmts
PV 00100003112500 PEC APPLICATION FEES 250.00
August 15, 2007
VIA EMAIL AND HAND DELIVERY
Mr. George Ruther, AICP
Director of Community Development
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Re: Employee Housing for the Town of Vail (the "Town")
Dear George:
As you are aware, Solaris Property Owner, LLC, and its affiliates (collectively, "SPO") have recorded a
number of Town approved deed restrictions for the occupancy, rental and transfer of employee housing
units in the Town (the "Deed Restrictions"). The purpose of this letter is to: (a) confirm the Town's
acceptance of the Deed Restrictions; (b) confirm that such the Deed Restrictions comply with the Town
Zoning Regulations; and (c) to identify the employee-housing "Credit" or "Credits" associated with each
Deed Restriction. SPO has recorded Deed Restrictions on the nine (9) properties outlined below
(collectively, the "Units"):
NO.
ADDRESS
UNIT
BEDROOMS
SO. FT.
BED CREDIT.
1
2650 Kinnikinnick
F-5
3
1,604
4
2
2753 Kinnikinnick
B-6
3
1,604
4
3
2510 Kinnikinnick
L-3
3
1,628
4
4
2500 Kinnikinnick
K-1
3
1,628
4
5
2550 Kinnikinnkk
,l-4
3
1,628
4
D
HI ',,forth F'rohtage Ram!
A-3
3
7133f1
4
?
21.17 North I'rl,wa e Rou4
1,336..
~ . _ ,
8
1524 Bu f hr Cre eh Road
i-?fi
i
1,338'
rl
it
2456 Chamonix
B-6
2
960
3
TOTAL. CREDI
TS
13,050
35
Prior to the date of this letter, SPO assigned the three (3) highlighted Deed Restrictions to the Willows
project (the "Willows Restrictions"), but only to the extent necessary to satisfy the provisions of Ordinance
No. 30, Series of 2006 (the "Willows Ordinance"). The Willows Ordinance only required the Willows to
provide housing for eleven (11) employees, and the Willows Restrictions provide housing for twelve (12)
employees. Under the terms of SPO's agreement with the Willows and the Town, SPO shall have the
benefit of the single remaining Credit. After accounting for the Willows Restrictions, SPO's housing
Credits are as follows:
NO.
ADDRESS
UNIT
BEDROOMS
SO. FT.
BED
t
2650.Kinnikinnick
F-5
3
1604
4
2
2753 Kinnikinnick
B-6
3
1,604
4
3
2510 Kinnikinnick
L-3
3
1,628
4
4
2500 Kinnikinnick
K-1
3
1,628
4
5
2550 Kinnikinnick
J4
3
1,628
4
6
2456 Chamonix
B-6
2
960
3
7
Willows Credit
-
-
-
1
TOTAL CREDITS
9,052
24
2.9 S No;th Flcwvgty find I SUIP, A V8lf, cc.31 toq o 0165; 1 f'liur;r 7(~ d7~',fStE i t'hy E~7t}. iy 5U, ~yty_VEI(.t'gett
In summary, SPO currently possesses Credits sufficient to cover housing for twenty-four (24) employees.
If SPO elects to apply the Credits against the twenty-two (22) bed requirement established in Town
Ordinance No. 5, Series of 2006, as amended (the "Solaris Ordinance"), the Town will accept such Credits
in full satisfaction of SPO's employee housing obligations under the Solaris Ordinance (and SPO will have
two (2) surplus Credits for future use). Alternatively, if SPO elects to apply the Credits to a project with a
requirement based on square footage, SPO's Credits will count for 9,052 square feet of employee housing.
SPO may redeem the Credits in satisfaction of housing requirements calculated according to either of the
methodologies described above or any combination thereof. For purposes of this paragraph, SPO shall
mean Solaris Property Owner, LLC, its successors, assigns designees from time-to-time.
Finally, as you are aware, the Meadow Creek Condominium Association recently amended its Declaration
to prevent condominium owners from deed restricting their units. The actions of the Association forced
SPO to deed restrict its properties located in Meadow Creek prematurely in order to ensure that such Deed
Restrictions would trump the Amended Declarations. Consequently, SPO would like the ability to replace
the Deed Restrictions on the Meadow Creek Units, in its discretion, if SPO identifies suitable alternate
employee housing opportunities prior to applying for a Certificate of Occupancy for Solaris. If SPO
replaces any of the Meadow Creek Deed Restrictions as set forth above, (a) the Town shall furnish SPO
with recordable releases, forever releasing and removing any such Deed Restriction so replaced, and (b) the
parties shall modify this letter to reflect such new information.
Very truly yours,
Solaris Property Owner, LLC
70-
Reed F. Weily
General Counsel
AGREED AND ACKNOWLEDGED THIS DAY OF AUGUST, 2009
By: %JAere"._.+ K Pt._ 4 . A
George Ruther, AICP
Director of Community Development, Town of Vail
2711 Wotl's FNr ntoge P4 I "mite A I voll. (oloktJo S16S7 2 Thane 970.479,7566 1 For. ''Ma 479.666 ( 5c+1~Fl.~ail.cr~rr,
'(43{17/2008) Warren Campbell Fogata"Housing Plan Page 1
From:
"Dominic Mauriello" <dominic@mpgvail.com>
To:
"Warren Campbell" <WCampbell@vailgov.com>
Date:
03/17/2008 1:15 PM
Subject:
Fogata Housing Plan
Attachments:
Itr-Employee Housing Credits (Executed) (8-15-07).pdf
CC:
Matt Mire"' <MMire@vailgov.com>, "'Allison Kent"' <allison@mpgvail.com>
Hi Warren:
I would like to get a hearing date with the PEC firmed up on the revised
Fogata Housing plan. Also, I have attached a copy of the letter George
signed approving the units as acceptable for meeting future housing demand.
Thanks,
Dominic F. Mauriello, AICP
Mauriello Planning Group, LLC
PO Box 1127
5601A Wildridge Road
Avon, Colorado 81620
970-748-0920 phone
970-748-0377 fax
dominic@mpgvaii.com
(03/17/2008) Warren Campbell - Re: Revised Housing Plan for Fogata (now "Strata") Page 1 i
From: Dominic <dominic@mpgvail.com>
To: Warren Campbell <waampbell@vailgov.com>
Date: 03/13/2008 12:59 PM
Subject: Re: Revised Housing Plan for Fogata (now "Strata")
CC: Rocky Cortina <rcortina@hotmail.com>, "Axel B. Russell" <Axel@WellsPartn...
I am not sure that is appropriate. We are applying under the existing
regulations and therefore should be processed under the existing
regulations. I think we need to have a meeting on this. When are you
available?
Sent from my phone
On Mar 13, 2008, at 9:07 AM, "Warren Campbell" <wcampbell@vailgov.com>
wrote:
> Dominic,
> Thank you for your recent submittal. This proposed amendment will
> need
> to be delayed until such time as the pending amendments to Chapters 23
> and 24 are acted upon by Town Council. The proposed amendments will
> need to comply with any changes adopted by Town Council. It is my
> understanding that we are taking the proposed amendments to Town
> Council
> as quickly as possible. I included Bill Gibson and Nina Timm on this
> email as they have a clearer understanding of there anticipated time
> schedule for having the proposed amendments to Council. Subsequent to
> the conclusion of the process for the proposed amendments your
> application will be scheduled for PEC review.
> Regards,
> Warren
"Dominic Mauriello" <dominic@mpgvail.com> 03/11/08 1:45 PM
> Hi Nina and Warren:
> Today we submitted an amendment to the housing plan for the Strata
> project.
> The only change is instead of providing pay-in-lieu dollars we are
> instead
> proposing to provide deed restrictions for units within the Town of
> Vail.
> All of the units we are proposing to provide deed restrictions for
> have
> been
> previously approved by the Town working with Peter Knobel and his
> team.
>I
> have a copy of the Town's signoff on those units if you need a copy.
(03/17/2008) Warren Campbell Re: Revised Housing Plan for Fogata (now "Strata") Page 2
> As there is no notice requirements for this amendment, we hope that
> you
> will
> be able to schedule this amendment for the March 24 PEC hearing.
> If you have any comments or question please feel free to contact
> Allison
> or
>I.
> Thanks,
> Dominic F. Mauriello, AICP
> Mauriello Planning Group, LLC
> PO Box 1127
> 5601A Wildridge Road
> Avon, Colorado 81620
> 970-748-0920 phone
> 970-748-0377 fax
> dominic@mpgvail.com