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Home My WebLink AboutPEC090011 PEC090012 _ _ P"lannin� an� Envir+anmenta�l Cammissan ACTIC)N F+QFtM � � Department of Corr�munity I7evelopment ��f'y� �� `� 75 5outh Frontag+� Raad, Vail, Coforada 81657 ��1� tel: 970.479.2139 fax; 970.479.2452 �C.�sr�,r.tr��rr[�vE��E.aar � we�3f YMWtW.t+�FltJOY.COi�t Project Name: Vail Plaza Hotel PEC Number: PEC090011 Project Description: Major Amendment to SDD No. 6: change Unit 507 from a dwelling unit to a fractional fee club unit and change Units 313 and 401 from fractional fee club units to dwelling units. Participants: OWNER DAYMER CORP NV 04/02/2009 100 E MEADOW DR VAIL CO 81657 APPLICANT VAIL PLAZA DEVELOPMENT LLC 04/02/2009 Phone: 970-477-8000 16 VAIL RD VAIL CO 81657 License: 937-B Project Address: 16 VAIL RD VAIL Location: Units 507, 313 &401 Legal Description: Lot: M-O Block: 5D Subdivision: VILLAGE INN PLAZA Parcel Number: 2101-082-0300-3 2101-082-8505-1 2101-082-8505-2 2101-082-8505-4 2101-082-8505-6 2101-082-8505-7 2101-082-8505-8 2101-082-8505-9 2101-082-8506-0 2101-082-8506-1 2101-082-8506-2 2101-082-8506-3 Comments: Town Council denial 6/2/09 BOARD/STAFF ACTION Motion By: Rogers Action: DENIED Second By: Newbury Vote: 7-0-0 Date of Approval: Conditions: Planner: PEC Fee Paid: $1,250.00 ++*******�*******+************************+******************+*************+***************� TOWN OF VAIL, COLORADOCopy Reprinted on 11-22-2013 at 12:02:47 11/22/2013 Statement ****************************************�*�******************�***�************************** Statement Number: R090000286 Amount: $650.00 04/02/200902:25 PM Payment Method: Check Init: SAB Notation: 1059 VAIL PLAZA DEVELOPMENT LLC ----------------------------------------------------------------------------- Permit No: PEC090012 Type: PEC - Conditional Dse Parcel No: 2101-082-0300-3 2101-082-8505-1 2101-082-8505-2 2101-082-8505-4 2101-082-8505-6 2101-082-8505-7 2101-082-8505-8 2101-082-8505-9 2101-082-8506-0 2101-082-8506-1 2101-082-8506-2 2101-082-8506-3 Site Address: 16 VAIL RD VAIL Location: Units 507, 313 & 401 Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ********************************************+****�****************************+************* ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 650.00 ----------------------------------------------------------------------------- , � Plar�ning and Environmental Commisson ACTI!?N FORI�+� . l Department of Community Develo�ment �� 75 South Frontage Road, Vail, Colorado 81657 te1: 970.479.2139 fax: 970.479.2452 cc�,wnoevE�ow�� web: www.aailgov.cor►� Project Name: VAIL PLAZA HOTEL PEC Number: PEC090012 Project Description: Conditional Use Permit: change Unit 507 from a dwelling unit to a fractional club unit and change Units 313 and 401 from fractional fee club units to dwelling units at the Vail Plaza Hotel &Club. Participants: OWNER DAYMER CORP NV 04/02/2009 100 E MEADOW DR VAIL CO 81657 APPLICANT VAIL PLAZA DEVELOPMEf�fT'LLC 04/02/2009 Phone: 970-477-8000 16 VAIL RD VAIL CO 81657 License: 937-B Project Address: 16 VAIL RD VAIL Location: Units 507, 313 &401 Legal Description: Lot: M-0 Block: 5D Subdivision: VILLAGE INN PLAZA Parcel Number: 2101-082-0300-3 Comments: Town Council denial 6/3/09 BOARD/STAFF ACTION Motion By: Rogers Action: DENIED Second By: Newbury Vote: 7-0-0 Date of Approval: Conditions: Planner: PEC Fee Paid: $650.00 .....��„'t='~ '�.M�,' �..�.` � �.� ,�� ..i � � - . -.. �� w z-'i a` �� ;r �� t�' ', .��i r � �, , n �;"""___ .... r '- �-' �'�.�r„��.' ' �� ..;,i�S i We'�f�i�� r � �.� �. {I ';��,�j t ��i ` S- t�,�-,y?� �F`�ss-,5.; _ .'� . � �ie'� 1;_ ii _;, 1� ," 3s 'x-fi- '''� S�Let"S^ �i' a1s-�`"�a".• r.i �� „ks�, _ , - x � _ � f � �., Departmen�o��Community_Deyelopmeat�. - 4{�-�„ _�; � �� .>��.` :L >'��t 4 � _ � '� ?�� .75 South F�o:ntag�Roa.c� . t ' � -�- - . . , �: �, .�:-•, y� �-• s. ! ,�'� ' � O �f _ :'� ��.�.�. ` ��:4-�,I�`-,3"•�-,�. � f''�2 ��'"',��. t�;�� ,� _.._,_�- �a�l$'L' '�d-�: _� . I r� t' �� _ti �,�; , �- .. ��.�'• �e#�9 � , �:il�` ��+ +r ',as, ~�4�r>F} l �t ,% ' x';;� � �F �r ,�, -'f '}' a. ry,`��ti�'x��"r" '.._ f''��` _ . � > �`�r �-�'i �, �, De'e op'en' r . . .�: , '�•# : � ',, � �; ;,•;, . . *� � - �.�#.t".;,�r� _ �'` X � _ Special Development District Apptircation-�or�-Review-by-th�— -- -- Planning and Environmental Commission General Information: This application is required for any proposal involving the establishment of a new special devel- opment district or an amendment to an existing special development district. The purpose of the Specia( Development District is to encourage flexibility and cr�ativity 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 eco�- nomical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Spe- cial 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. The Special Development Dis- trict does not apply to and is not available in the following zone districts: Hillside Residential, Single-Family, Duplex, Primary/Secondary. The Vail Town Code can e found on the Town's website at www.vailgov.com. The proposed pro- ject may also require bther permits or applications and/or review by the Design Review Board and/or the Town Council. Fee: _$6000—New SDD $6000—Major Amendment to an SDD � ,�$1250-Major Amendment to an SDD�vith no exterior modifications � _$1000—Minor Amendment to an SDD Description of the Request' �endment to Vail Plaza Hotel & Club, Special District 4�6 to allow one whole ownership condominium (4�507) to i�e converted to a fractional Club unit with 6 bedrooms at Vail Plaza Hotel & Club and to change two fractional Club units �.46313 and ��401 ; (4 bedrooms) to whole ownership units. ' Physical Address• 16 Vail Road, Vail, CO 81657 Parcel Number: 210108203003 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) _ _ A_portion of Lot M-0 Block 5D Propelty Owner: • Vail Plaza Development, LLC Mailing Address• 16 Vail Road, Vai CO 81657 � Phone: 970-477-8000 Owner's Signature: Primary Contact/ Owner Represent ' e: Connie H. Do �3�'� Mailing Address: same as above Phone: same as above (ext. 8010) E-Ma"tl: cdorsey@vailplazahotel.com Fax• 970-477-8012 For Offtce Use Only: Cash_ CC: Visa/ MC Last 4 CC #�_ Auth # Check# /0� 3 Fee Paid: - Received From: �� " � Meeting Date: 02 PEC No.: � Planner: Project No: � )d� -(��7 Zoning: Land Use: Location of the Proposal: Lot:�_Block: �' i Subdivision: �;( V�I 14r��/�nn .� ********+++**�***********************+*****+*********�************+****+***+*�************** TOWN OF VAIL, COLORADO Statement ****��*�*******�*+*+****************************************************+****�**�*********** Statement Number: R090000284 Amount: $1,250.00 04/02/200902:12 PM Payment Method: Check Init: SAB Notation: 1053 vail plaza development, llc Permit No: PEC090011 Type: PEC -Maj SDD No Ext Chg Parcel No: 2101-082-0300-3 Site Address: 16 VAIL RD VAIL Location: Units 507, 313 & 401 Total Fees: $1,250.00 This Payment: $1,250.00 Total ALL Pmts: $1, 250.00 Balance: $0.00 ************************+*******�+***�*********************************+**�***************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 1, 250.00 ----------------------------------------------------------------------------- `• � APPLICATION - Conditional Use Permit APPLICATION - Major Amendment to Special District#6 . . . NOTICES � � U � � '�J Village Inn Plaza Condominium Association Phase V �-,; ,�; ;? �009 � ; c/o Josef Staufer �� 100 E. Meadow Dr. #31 ` TQV1�t�! "'�� `��f_. Vail, CO 81657 '-�-°�-----��--� Village Inn Plaza Condominium Association Phase III c/o Novosad, Lyle and Associates, P.C. P. O. Box 5910 Avon, CO 81620 Village Inn Plaza Condominium Association Phase I & II c/o Slifer Management Co., Inc. P. O. Box 2264 Edwards, CO 81632 Vail Gateway Plaza Condominium Association c/o McNeil Property Management P. O. Box 4694 Vail, CO 81658 Johannes Faessler Sonnenalp Resort 20 Vail Road Vail, CO 81657 Talisman Condominium Association 62 E. Meadow Drive Vail, CO 81657 Doug Hipskind Vail Development (Four Seasons) 50 South Sixth St., #1480 Minneapolis, MN 55402 Roger Behler First Bank of Vail 17 Vail Road Vail, CO 81657 9Vai1 Road Condominium Association c/o Sierra Management 9 Vail Road Vail, CO 81657 +� �� owN oF YAr� '� 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 27, 2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment - Procedures, to allow for changes to the number of dwelling units and fractional fee club � units within the Vail Plaza Hotel and Club, located at 16 Vail Road/ a portion of Lots M, a��`� N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto � (PEC090011 and PEC090012). Applicant: Vail Plaza Development, LLC Planner: Bill Gibson A request for a final review of a variance from 12-6H-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for an addition within the side setback, located at 433 Gore Creek Drive, Units 15 and 16 (Vail Trails East)/Lot 15, Block 4, Vail Village Filing 1, and setting forth details in regard thereto (PEC090013). Applicant: Mark and Noele Mahoney, represented by Steven Riden Architects Planner: Bill Gibson A request for a final recommendation to the Vail Town Council for the adoption of the Frontage Road Lighting Master Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard thereto. (PEC090014) Applicant: Town of Vail, represented by Tom Kassmel Planner: Bill Gibson 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 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 April 10, 2009, in the Vail Daily. 1 Convert from Wholly owned to Fractional Unit# GRFA(sq.ft) Bedrooms Penthouse 5 Item 1 total 0 5 2 Convert from Fractional to Wholly owned 313 3 401 1 Item 2 total 0 0 4 3 Balance:Wholly owned less Fractional 0 1 *+�**********************�************************�***r**************�**************+***�*�� TOWN OF VAIL, COLORADO Statement *****��*******************�***************************************�*****��***�************* Statement Number: R090000286 Amount: $650.00 04/02/200902 :25 PM Payment Method: Check Init: SAB Notation: 1054 VAIL PLAZA DEVELOPMENT LLC ----------------------------------------------------------------------------- Permit No: PEC090012 Type: PEC - Conditional Use Parcel No: 2101-082-0300-3 Site Address: 16 VAIL RD VAIL Location: Units 507, 313 & 401 Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 *�*****************************+***********�************�********�************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 650.00 ----------------------------------------------------------------------------- ''' � O O � � � C7 � � � � � U I-'— ' � � ml � � 0 0 � � a� � C� 0 � � � 7 � � � � � � � � AND ASSOCIATES, INC. ,�,�,a.w«�.� rmeaot lsn nvoµcaauoo stcm 76 b7qM9@Sl PA1Ib7019�l10lD 0 � tl■��11 � I,�a,) �I � t� C 9��1 � —�asoq_ _lasop— � _——___———_ _ �asqp ol �� _ I I \ L L II � Y) � c — � � m ' J \� o a d; �j�x3 a�i� �W �I �W �� Vai I Plaza Hotel Vail, Colorado AUCUST 7,2005 � � � 0 � # � ° I � � I o � � O / � � � I � //�> I / � m � �� \ f e�ine� � e�nia� � / /�/� � I � �PaII�eA I Pel��e�� / / / � � / / // /� ------a'� �/ / I / / �� 1 � � �� r �--'---- ��------��\ � � 8yg, IU )U \ � >(S �� o � o � \ LL�' � / \ \ I — / � \ \ � � �// � \\� \ � __ � ; � 1 --- I � Bullle� Bullla� � I I <Pa��e^I pa��e� c � n O I � 1 � I� -i o I I � _—� � �J C: ��nre0�uu�� u�u� -��. 5cale: 3/32"= 1'-0" � � � � � � � AWD ASSOCIATES, INC. �,�_�.� �.asmt tms�wrr,caauno nuo 76 b7a9N@57 FN(d7�Ml1W0 7%i►'s IiV��✓•7) � /t�cf�ft�+ed Fut A rc��a L dry�3��2te. Gied2a.�.rnrt' Vai I Plaza Hotel Vail, Colorado AUGUST 7,2006 C��nre��uu�� u�u� -�� Scale: 3/32"= 1'-�°' � � � o--� � � � AND ASSOCIATES, ING ��-n.�.,.�_�.,� �niaoc im nvory mine�oo iicm ia anlawmv FwXMAS�►im �Entry �� Lower Level Upper Level �f�.i i �la�� Vail, Colorado }une 6,2005 Unit 23-Level 3/4 Lower Level: 1,011 Square Feet Upper Level: 790 Square Feet Total Area: 1,801 Square Feet � � 0 � .� > North Mountain Sk�Mo�!nrain � F—i f��i , � �o�a� �� — fL�� C� �I 3 Scale: 3/32°'= 1,_�" % _n/J—' 7 �� AND ftSSOC{ATES, INC. �.n�+ewa_iMSUas �-Q�m(lAL AVp1{mlp�App�1Lip 16 Q�qf�smv h�Cb)DaN-lao Y �f E�6 i �'i��i f-f��i VBf�, Colorado �June 6,2005 Unit 34-Level 4 962 Square Feet � � 0 c� .� > North Mountain 5ki Mauntain ► �u�6� :�� - i��0 � �� ScaBe: 3/32°'= i'-0" , r . • � , � lLE � OPY January 23, 2009 Mr. Connie Dorsey, General Manager Vail Plaza Hotel 16 Vail Road Vail, Colorado 81657 RE: Notice of Zoning Violation Vail Plaza Hotel— 16 Vail Road/Lots M and O, Block 5D, Vail Village Filing 1 Dear Connie, This letter is official notice of a zoning violation occurring at the Vail Plaza Hotel located at 16 Vail Road (Lots M and O, Block 5D, Vail Village Filing 1). It has come to the Town of Vail's attention that Units 313 and 401 are currently being used as fulltime residential dwelling unit and not as a fractional fee club unit as required by the approved developed plan adopted for the Vail Plaza Hotel. The use and occupancy of Units 313 and 401 as a full-time residence must cease and desist, and the units must immediately be restored to fractional fee club units. The Vail Plaza Hotel is located within the Public Accommodation District in which Lodges ("buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling units...) are allowed as permitted uses and Fractional Fee Club Units (an individual dwelling unit in a fractional fee club described as such in the project documentation...'� are allowed as conditional uses. While a dwelling unit is "any room or group of rooms in a two-family or multiple-family building with kitchen facilities designed for or used 6y 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 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, 20Q0, the Planning and Environmental Commission approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units. According to the Staff Memorandum to the Planning and Environmental Commission concerning that fractional fee club: `According to the applicant, the ownership of the club units will be divided into a maximum of 1/12fh 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 1 , ' , . r redevelopment project. The remaining interest in the clubs is then used by the hotel to support the conference facilities during fhe 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. According to the Staff Memorandum the Planning and Environmental Commission concerning that 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 shorf-term accommodation units." In both 2000 and again in 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 leve!of occupancy"and that "each of the fractional club units shall be made available for short term renta! 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, issued conditional use permit. As noted above, Units 313 and 401 at the Vail Plaza Hotel are currently being used as fulltime residential dwelling unit and not as a fractional fee club unit as required by the approved developed plan. The use of Units 313 and 401 as a full-time residence must cease and desist, and the units must immediately be restored to fractional fee club units. Please contact Bill Gibson at your earliest convenience to discuss your proposed resolution to this violation. He can be reach by phone at (970) 479-2179 or by email at bgibson cr.vailgov.com If you have not contacted Bill within 14 calendar days of receipt of this letter, the Town will be forced to pursue further code enforcement actions pursuant to Section 1-4-1, Vail Town Code. Sincerely, George Ruther, AICP Director of Community Development, Town of Vail cc: Bill Gibson, Planner, Town of Vail Robert Webb, Code Compliance Officer 2 . f�� E GOP� � � TOWN OF VAI� ' Department of Community Development 7S South Frontage Road Vail, Colorado 81657 970-479-2138 FAX 970-479-2452 www.vailgov.com January 29, 2009 . Mr. Connie Dorsey, General Manager Vail Plaza Hotel 16 Vail Road Vail, Colorado 81657 RE: Zoning Violation — Units 313 and 401, Vail Plaza Hotel 16 Vail Road/Lots M and O, Block 5D, Vail Village Filing 1 Dear Connie, As you are aware, Units 313 and 401 at the Vail Plaza Hotel are currently being used as full- time residential dwelling units and not as fractional fee club units as required by Town zoning and the Vail Plaza Hotel approved developed plan. The use of Units 313 and 401 as full-time residences shall cease and desist, and said units shall be restored to fractional fee club units. As we discussed earlier today, the Town of Vail is willing to temporarily suspend code enforcement proceedings for approximately 45 days to afford the current occupants of Units 313 and 401 an opportunity to vacate said units. Therefore, the Town expects Units 313 and 401 at the Vail Plaza Hotel to be fully restored to functioning fractional fee club units by no later than Friday, March 13, 2009. If the full-time residential use of Units 313 and 401 has not ceased and said units have not been restored to fractional fee club units by this date, the Town will be forced to pursue further code enforcement actions pursuant to Section 1-4-1, Vail Town Code. Please contact the Town of Vail Community Development Department by no later than Monday March 9, 2009, to schedule a compliance inspection of the Units 313 and 401. If you have any questions or comments, please feel free to contact me directly at (970) 479-2173 or via email at bqibson(a�vailqov.com Sincerely, , i;c%L��G�• ./�`Cr = Bill Gibson, AICP Town Planner Town of Vail � cc: George Ruther, Director of Community Development Robert Webb, Code Compliance Officer a��l xECYCZ�rarEn � �� TOwN OF YAIL ` Department of Community Develo�ment 75 South Frontage Road [�ail, Colorado 81657 970-479-2138 . F.9X 970-479-2452 www.vailgov.com February 26, 2009 Mr. Connie Dorsey, General Manager Vail Plaza Hotel 16 Vail Road Vail, Colorado 81657 RE: Zoning Violation— Units 313 and 401, Vail Plaza Hotel � 16 Vail Road/Lots M and O, Block 5D, Vail Village Filing 1 Dear Connie, Just a reminder: the Town of Vail expects Units 313 and 401 at the Vail Plaza Hotel to be fully restored to functioning fractional fee club units by no later than Friday, March 13, 2009. Please contact the Town of Vail by Monday, March 9, 2009, to schedule an inspection of the property prior to the March 13�' deadline. As you are aware, if the full-time residential use of Units 313 and 401 has not ceased and said units have not been restored to fractional fee club units by this date, the Town will be forced to pursue further code enforcement actions pursuant to Section 1-4-1, Vail Town Code. If you have any questions or comments, please feel free to contact me directly at (970) 479- 2173 or via email at baibson(a�vailqov.com Sincerely, � � �/.�_ �� _ Bill Gibson, AICP Town Planner Town of Vail cc: George Ruther, Director of Community Development Robert Webb, Code Compliance Officer ��RECYCLED PAPER Vail Plaza Hotel March 13th, 2009 16 Vail Road Vail, CO 81657 Narrative: On this date March 13, 2009 at approximately 11:30 a.m. summons # M65110 was issued to the Vail Plaza Hotel for violation of the Town of Vail Zoning Code chapter 12-16-7 subsection (A)-8 Use Specific Criteria and Standards (violation of the fractional fee club unit occupied as dwelling unit). The summons was issued at the request of the Town Vail. Community Development Department's planning staff inember William Gibson. The summons was signed by Mr. Connie Dorsey, General Manager. Mr. Dorsey was and has been very cooperative during this process, which was much appreciated. I have no further information at this time, see attached letters. Robert D. Webb ��Compliance Officer ,r.�� . �.. �� p.' THE PEOPLE OF THE TOWN OF VAIL BY AND ON BEHALF OF THE PEOPLE OF THE TE OF COLORADO Defendant(Last N (First) DefendanYs Address�� Ciy� ./ ,7 State� V# (Middle) Date of Birth Mo. Day Yr. Age Zip Code No:M 6511U ( )Trefficor Volation Mo. Day 7 n Penal � ` Z� �0 �i Code r, Approx.Time of Violation Driver's License Number arZd Type Stat�f Issue Race Sex Height Weight Hair Eyes Home Telephone F.PA. CR� I I J Yes No � � Employer Name ./ Empioyer Address Business Telephone Direction of Travel � � �y N S E W C� � Vehicle License Number and Type State of Issue Color Approximate Location of Violation in the Town of Vail State of Colorado � � w � ()At ( )On � � Model Year ,/ ()At intersection with S.S.# � � Vehicle Make � � /Y ge��n O � 2 , ,�p � � COU RT DATE-On ,20�,at ��G�%. .,you are hereby summoned and ordered to appear at the Vail Municipai Court,75 S.Frontage Rd.W.,Vail.Colorado, CO to answer charges,as stat below,of violating the Municipal Code of the Tow�Y of Vaii,which are alleged to have occurred in the Town of Vail,County of Eagle,State of Colorado. i � 6-3B-1 22-13 6-3C-SC Assault and Battery Failure to Comply with Notice on Parked Vah. Possession<1 oz.Cannabis � � 6-38-2 5-1-4 I 5-2 ��e�Y pepositing Waste Materials � Careless Driving ~ 6-3E-1 6-3A-SB 6-3E-3 � I W Criminal Injury to Property Obstructing a Peace Officer Trespassing i 6-3C-4 4� � I ? 6-3B-2D Speedin mph in a mph zone Deceptive Use of Ski Facilities Possession of Open Container 2 2�a� 9 � i � 63D-2 6-3C-5C Failed to Stop at Stop Sign I Disorderly Conduct Possession of Liquor Underege J Pen Assessment: Yes No Amount Points Section Number Volation Description X � I j � - S ' � Cr' y I w r r— I I ¢ B rg.e.�'ion�-L L� C/ � -p ! � u� Ta�i p I I � Need Interpreter Yes� Language: r � II � WITHOUT ADMITTING GUILT I HEREBY PROMISE TO APPEAR AT THE TIME AND PIACE INDICATED A80VE,OR COMPLY WITH MAIL-IN FI R CEDURES,IF APPUCABLE. I �� I UNDERSTAND THAT FAILURE TO APPEAR CONSTRUTES A SEPARATE OFFENSE AND WILL RESULT IN A WAR �OR MY AR BEI G IS�UED. m I �i� The undersigned has reasonabie grounds to believe that the defendant committed the oNense(s) ��' /� � �� against the nd dignity of the people of the T wn of Vail. DEFENDANT i I L �/�,� Officer � i OFFICER o��r � �G�u ��^=a NO•� ^ Court D (� The undersig ed certifies that a copy of the summons and complaint was duy served upon the defendant. DATED THIS�day of 8/ ,20�, No. � ) Otficer � iI OFFICER No. CIVILIAN COMPLAINT � (i Penalty assessment violations must be paid at the Traffic Volations Bureau,Vail Town Hall,within(20)days irom date of issue.If not paid,it becomes by law,a summons and complaint and requires an(T1 , appearance in court at the place,date and time indicated above and court costs are added to the penatty assessment amount.READ THE BACK OF THIS SUMMONS FOR MAIL-IN FINE PROCEDURES.� y� Original-Court Yellow-Defendant White-D.M.VJTranscript White-Agency . IN AND FOR THE MUNICIPAL COURT TOWN OF VAIL,STATE OF COLORADO 75 S.Frontage Rd.,Vail,CO 81657(970)479-2129 The People of the State of Colorado Case No.: 2009-0013648-GO Cit.No.: M65110 Vs. Police Ref.No.: VAIL PLAZA DEVELOPMENT COMPANY �=ur��u� AIL POLICE DEPT 75 S FRONTAGE RD VAIL,CO 81657 COURT NOTICE OF HEARING YOU ARE HEREBY NOTIFIED that this action will come on for Pre-trial Conference before the Honorable Cyrus Gates Allen III at the Municipal Court,75 S.Frontage Rd.,Vail,CO on Thursdav June 11,2009 at 09:15 AM. (The Defendant or his Attomey may request ONE Continuance on arraignment and have it be granted.) _ FAILURE TO APPEAR FOR THE ABOVE-INDICATED SETTING(S)MAY RESULT IN THE ISSUANCE OF A BENCH WARRANT FOR THE ARREST OF THE DEFENDANT. Officer: BOB WEBB Town Proscutor: Inga Haagenson Causey Phone: (970)479-2175 Defendant's Attomey: Date: 5/4/2009 DefendandAttomey � *JURY: A written demand and$35 fee LINDA SCHINDEL MOORE,Administrator must be tendered to tke clerk of the court within 10 days from entering a plea. Clerk—I hereby certify that I served this notice by delivering/mailing a copy of same to the defendandattomey personally in the Town of Vail on THIS IS TAE ONLY NOTICE THAT YOU WILL RECEIVE CONCERNING THE ABOVE SETTING • , - ��,,�(.� .� �ta.y ll, ?.�� MEMORANDUM ��i01� ' � TO: Planning and Environmental Commission Z"� � ��S�o Vo'�c : (-o- v FROM: Community Development Department DATE: April 27, 2009 SUBJECT: A request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A- 10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090011 and PEC090012) Applicant: Vail Plaza Development, LLC Planner: Bill Gibson I. SUMMARY The applicant, Vail Plaza Development, LLC, is requesting a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereta �' Based upon Staff's review of the criteria outlined in Sections VIII and IX of this memorandum and the evidence and testimony presented, the Staff recommends denial of both requests subject to the findings noted in Section X of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is proposing to increase the number of dwelling units from one to two, and to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to convert the existing dwelling unit #507 to a fractional fee club unit and convert the existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club unit#313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area (GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The unfinished dwelling unit#507 is currently designed as a three bedroom unit consisting of 5,150 sq. ft. of GRFA. The applicant is proposing to amend the floor plan of this unit to create a total of five bedrooms. �: A vicinity map (Attachment A) and the applicanYs request (Attachment B) have been � attached for reference. � 1 . � III. BACKGROUND The Vail Plaza Hotel is located within the Public Accommodation District in which lodges ("buildings designed for occupancy primarily as the temporary lodging place of individuals or families either in accommodation units or dwelling unifs...) 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 consisting of 50 fractional fee club units. According to the Staff's memorandum to the Planning and Environmental Commission concerning the fractional fee club: "According to the applicant, the ownership of the club units will be divided into a maximum of 1/12t'' intervals for the 24 winter weeks during the ski season, with the remaining 28 shoulder season and summer weeks would be owned by the hotel. This ownership program allows for the most attractive weeks of the year to be sold as club units with the proceeds helping to finance the redevelopment project. The remaining interest in the clubs is then used by the hotel to support the conference facilities during the summermonths." On August 13, 2001, the Planning and Environmental Commission again approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units. According to the Staff Memorandum the Planning and Environmental Commission concerning the fractional fee club: "To further improve the occupancy potential of the fracfional fee club, the 50 club units have been designed to include up to two lock-off spaces per unit. This design creates a total of 108 keys and 216 pillows for the fractional fee club component of the hotel." Additionally, the Staff Memorandum the Planning and Environmental Commission stated the fractional fee units at the Vail Plaza Hotel: "The applicant is proposing that the club units be sold on an interval basis. The club units would be sold for 24 weeks during the winter months with the 2 � � � remaining 28 weeks owned by the hotel for use as shorf-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 nof in use by the club members". Based upon the statements, representations, and proposals of the applicant; the Commission determined that a conditional use permit was warranted for fractional fee club at the Vail Plaza Hotel. � On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of 2001, which amended Special Development District No. 6 to allow for the construction of �' the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee housing units, and 50 fractional fee club units consistent with the August 13, 2001, conditional use permit. As noted above, units #313 and #401 at the Vail Plaza Hotel are currently being illegally occupied as fulltime residential dwelling unit, and not as a fractional fee club unit as required by the approved developed plan. On January 23, 2009, the Town of Vail issued a notice of zoning violation to the Vail Plaza Hotel. On March 13, 2009, the Town of Vail issued the Vail Plaza Hotel a summons to Town of Vail municipal court for this illegal use of the subject fractional fee club units. This matter is tentatively scheduled on the court's May 7, 2009, docket. Unit #507 is currently unfinished and has not yet been issued a final certificate of occupancy. � � The Town Council has identified need for an accessibility and delivery route connecting � the Vail Plaza Hotel and East Meadow Drive has been identified in other recent proposals to amend the Vail Village Inn Special Development District, including the proposed expansion of the Osaki's restaurant and the Colondo Company's proposal to convert retail space to residential. To date, this physical connection has not yet been � constructed. �` IV. ROLES OF REVIEWING BODIES Order of Review: Conditional use permit applications will be reviewed by the Planning and Environmental Commission. Planninq and Environmental Commission: The Planning and Environmental Commission is responsible for final approval, approval with modifications, or denial of a conditional use permit application, in accordance with Chapter 12-16, Conditional Use Permits, Vail Town Code. � a Town Council: The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental � Commission and/or Design Review Board. The Town Council may also call up a � decision of the Planning and Environmental Commission and/or Design Review Board. �' � 3 � V. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safefy 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, hrllsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilifies 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 wifh 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 fhe department of community development a copy of the application or request for exemption 4 filed wifh 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 areas; and to further the overall goals of the community as stated in fhe Vail comprehensive plan. An approved development plan for a specia/ development district, in conjunction with the property's underlying zone districf, shall establish the requirements for guiding development and uses of property included in the special development district. 8. Applicability: Special development districts do not apply to and are not available in the following zone districts: hillside residential, single-family residential, two-family residential and two-family primary/secondary residential. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed specia/ development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or fhat a practical solution consistent �` with the public interest has been achieved: 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. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as ouflined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 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. 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 fhe community: � 7. Traffic: A circulation system designed for both vehicles and pedestrians � addressing on and off sife traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to � optimize and preserve natural features, recreation, views and function. � �' 5 � � 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. 8. Necessary Findings: Before recommending and/or granting an approval of an applicafion for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD: 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD 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 SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the SDD 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. 12-9A-10:AMENDMENT PROCEDURES: 8. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A- 4 of this article. 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 fo the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the specia/ 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 specia/ 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 fhe Town at large. Uses listed as conditiona! 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 6 . , �: � � �, Town and will not be detrimental to other uses or properties. Where conditrons � cannot be devised, to achieve these objectives, applications for conditional use � permits shall be denied. � �' 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmenta! commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 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. 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. � 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. 5. Such other factors and criteria as the commission deems applicable to the � proposed use. 6. The environmental impact report concerning the proposed use, if an � environmental impact report is required by chapter 12 of this title. 8. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: � � 1. That the proposed location of the use is in accordance with the purposes of �. this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title. ' � VI. SURROUNDING LAND USES AND ZONING � Land Uses Zonin � 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) � VI1. ZONING ANALYSIS 1 � Standard Approved Proposed � � � Dwellings 1 unit 2 units (3 bedrooms/5,150 sq.ft.) (1 bedroom/962 sq.ft& 3 bedrooms/1,801 sq,ft,) � Fractional Fee 50 units 49 units �' (eliminate 1 bedroom/962 sq.ft& 3 bedrooms/1,801 sfl � (add 5 bedrooms/5,150 sq.ft.) � 7 � � � Parking 0.7 per FFU = 1.4 spaces no change (FFU = 0.7 new requirement) 1.4 per DU = 1.4 spaces no change (DUs= 2.8 new requirement) total = 2.8 spaces no change(total = 3.5 new requirement) VIII. 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 "wa�m beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. The warm beds are also highly beneficial to the existing retail and restaurant uses in the other phases of the Vail Village Inn Special Development District. Staff does not believe exchanging two completed fractional fee club units for one unfinished dwelling unit is consistent with the Town's development objectives or the intent and purpose of the overall Vail Village Inn development. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. There are no changes proposed to the eXterior of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There are no changes proposed to the existing parking. However, there is net parking requirement increase of 0.7 parking spaces when two fractional fee club units (parking rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per unit). Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a negative affect upon the remaining elements of "� this criterion in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. There are no changes proposed to the scale or bulk and mass of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 8 . ' � _ � � IV. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRiTERIA � � Before acting on a major amendment to a special development district amendment � application, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the proposal: 1. Compatibility: Design compatibility and sensitivity to the immediate � environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. �. There are no changes proposed to the exterior of the existing building; therefore, Staff �' does not believe this proposal will have a significant negative affect on this criterion in � comparison to existing conditions. � 2. Relationship: Uses, activity and density which provide a compatible, efficient �: and workable relationship with surrounding uses and activity. � � The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot � beds" (accommodation units) and "warm beds" (fractional fee club units) within the � commercial cores and the Public Accommodation District which is the underlying zoning � for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy �' rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of 4 guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. As described in Section I I I of this memorandum, in 2000 and 2001, the Planning and Environmental Commission and Town Council approved one (1) dwelling unit and fifty � (50) fractional fee club unit mix at the Vail Plaza Hotel based upon the following: � �. "According to the applicant, the ownership of the club units will be divided into a � maximum of 1/12th 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 �nance the redevelopment � project. The remaining interest in the clubs is then used by the hofel fo support �' the conference facilities during the summer months." � � "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 tota/ of 108 keys and 216 pillows for the fractional fee club �' component of the hotel." � � '� "The applicant is proposing that the club units be sold on an interval basis. The �' club units would be sold for 24 weeks during the winter months with the � remaining 28 weeks owned by the hotel for use as short-term accommodation � units." � � At that time, the Planning and Environmental Commission and Town Council also � considered: C", # "the ability of the proposed project to create and maintain a high level of � occupancy";and that, � 9 � �, � "each of the fractfonal club units shall be made available for short term rental in a managed program when not in use by the club members". Therefore, Staff does not believe the appiicanYs proposal to exchange two completed fractional fee club units for one unfinished dwelling unit is consistent with the intent of the original approvals of the Vail Plaza Hotel. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. There are no changes proposed to the existing parkin�. However, there is net parking requirement increase of 0.7 parking spaces when two fractional fee club units (parking rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per unit). Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requi�ement. The applicant is not proposing any changes to the existing loading. Today, there is no accessible or practical physical connection between the Vail Plaza Hotel loading dock and East Meadow Drive. Staff believes the applicant must install the needed accessibility and delivery route connecting the Vail Plaza Hotel loading dock to East Meadow Drive to comply with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. Staff does not believe exchanging two completed fractional fee club units for one unfinished dwelling unit is consistent with the Town's development objectives. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards affecting this property; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. . 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. There are no changes proposed to the site planning, location, or open space for the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 10 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. There are no changes proposed to the existing vehicular and pedestrian traffic patterns. However, the net gain of dwelling units increases the parking requirement from 0.7 to 2.4 spaces. Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. There are no changes proposed to the existing lanscaping; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The Town of Vail has no assurance from the applicant when, or if, construction of the Vail Plaza Hotel penthouse unit will occur. Therefore, Staff does not believe exchanging two completed fractional fee club units for one un-built dwelling unit is consistent with the Town's development objectives. X. STAFF RECOMMENDATION CONDITIONAL USE PERMIT APPLICATION The Community Development Department recommends the Planning and Environmental Commission denies this request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VII( of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to deny this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies this request for an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vai! Town Council of a major amendment to Specia/Deve%pment District No. 6, Vail Village Inn, pursuanf to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." 11 ��' Should the Planning and Environmental Commission choose to , , this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section Vlll of this Staff memorandum to the Planning and Environmenta! Commission dated April 27, 2009, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit amendment is not in accordance with the purposes of the Zoning Regulations and the Public Accommodation and Special Development Districts as referenced in Section V of this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009. 2. The proposed condifiona! use permit amendment and the conditions under which it will be operated or maintained are detrimenfal to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit amendment does not comply with each of the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code, as referenced by Section V of this Staff inemorandum to the Planning and Environmental Commission dated April 27, 2009." Should the Planning and Environmental Commission choose to approve this conditional use permit for this request, the Community Development Department recommends the Commission makes the following condition: "1. The applicant must obtain Town of Vail approval of a development plan, building permits, and a repair and maintenance agreement for an accessibility and delivery route, including a lift, connecting the Vail Plaza Hotel loading dock to East Meadow Drive. The applicant shal! install said accessibility and loading route, including lift, prior to occupancy of any of the subject dwelling unit and fractional fee club units." SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of denial to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission pass the following motion: 12 "The Planning and Environmental Commission forwards a recommendation of denial to the Town Council for a major amendment to Special Development District No. 6, Vail Village lnn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designafions within the Vail Plaza Hotei and Club, located at 16 Vail Road (Vail Plaza Hofel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto," Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section IX this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the special development district amendment does not comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the specia/ development district amendment is not consistent with the adopted goa/s, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That the special development district amendment is not compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the specia/ development district amendment does not promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission makes the following condition: "1. The applicant must obtain Town of Vail approval of a development plan, building permits, and a repair and maintenance agreement for an accessibility and delivery route, including a lift, connecting the Vail Plaza Hote!loading dock to East Meadow Drive_ The applicant shall install said accessibility and loading route, including lift, prior to occupancy of any of the subject dwelling units or fractional fee club units. 2. The applicant shall provide an additional 0.7 parking spaces in accordance with Chapter 12-10, Off-Sfreet Parking and Loading, Vail Town Code, prior to occupancy of any of the subject dwelling units or fractional fee club units." XI. ATTACHMENTS A. Applicant's Request 13 Q � � � s V � Q � ��"°�`��°� � CONDOMINIUM PLAT -��i x��_ � VAIL PLAZA HOTEL RESORT CLUB � c ;, I A PORTION OF LOT DI, N, 0, BLOCK 5D, VAIL VILLAGE FIRST FILINC, ; , I —'-- TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO ' ——"-„- � � —°'-�'_ �.�, t I o i � � � r�� i � i I _ i '�um + � I no°�o.x:°a�io.:u� Y i I � � � VAIL GATEWAY � ;,� � � PIAZA CONOOMINIUMS v 6 i � �u�."`i',��0:•"`.b i v i � ' � � I �g i I � P i o � I Z .r i � i� .„ � ��,'�:i��.i G�� ' ~ 579•46'00`E '"' S yl- / �r__" '/4).37 �mm�o�.,u'u�; �i� � ' __- �147.36 < .,$�, _m,,,,,� > �I� #Q j�� CE _�� _ �ie rDp;'rJ�' I n.. , i 19 �tn�'1 n R � . I � � � ar.r � .1_. '. . ._... .. ."__"_'—__ ' _."_ _�_'... 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[C] � I � L4 ..1_.�1'� \( �ax� EC� � � � [CS � ' � I� i i N80b2'41`W- I06.74�/06.72) 1 ii�:.` � aa [ce \ 1 i FlRST AMENDMENT , i I TO CONDOMINIUAI '" , �,� «�� I i I MAP OF VILLAGE INN PU2A f �c�i j I �� PHASE V CONOOMINIUMS e (��'�' i�� • � � y°"°'rto:"�",""`.. iaa.�..y,�n ''`S','`:i� ca. r � @-� ' ��, i�x�i �\� ttm [C16 ' I ,�;�,�o�'��1-��/,t��L_'�__ —.___—______.___�_ � ...��a��n I ��'�`� ..�m..cli I�-S-J '-———_�___-— _ � E�wT�e�DOWFDR�VE I il �J--� AfONUMENT LEGFND \ ''� • u � � � �� FA�1A NT D TAI �9' x.�w DM'll BT:!YI[0 �oa x..�eco.s OATL OS/16/Ol lHECT i e12{ u�..�� :�... �;, > : .�,�.�.��.. a, w- , �Entry o , Lower Level � � � o--� � � � AND ASSOCIATES, INC. �OfRCrt�E_RwM��.�M�3 �C.10%t1Tf AWy mtD��pp i1L]o invia+...mn .wcems..,o� Upper Level �f�1 � �f��. �[�� Vail, Colorado }une 6,2005 Unit 23-Level 314 Lower Level: 1,011 5quare Feet Upper Levei: 790 Square Feet Total Area: 1,801 Square Feet � � 0 � .� > Nortf�Mountain 5ki Mo�!n�in �► �i�u a� �� — IL��f�;� 3/� 3%3 Scale: 3/32"= 1'-0" i _n/J—' � �. � � � � � � AND ASSOCIATES, INC, �,�.R.�...�_�� r.nwc inc nva{cauwoo ncm ■BCNf�sR.9 FAICO�f�f-im0 �f E�6 f ['i c��:�i Vail, Colorado �June 6,2D05 Unit 34-Level 4 962 Square Feet . . 9 �---�r��i � m 0 � .� > Noith Ivtountain Ski Mauntain � �u�� - f�� (,�i � SCaie: 3/.'�211= ��-Q'n � � � � � � � AND ASSOCIATES, INC. ��_��.� �n.wic im�wH,oan�noo nsw ,a a�a swass� r�,c a�ae w¢,oso ?�,►s l.v�c,�•y! l,o �e�sr�►ad Fcrr n ,a��L e��,3)�-B,ua. G,�/ii�.�.,.,�s Vai I Plaza Hotel V�il, Colorado AUGUST 7,2006 �So7 C:��are�0 o u�� u�u� -��. Scale: 3/32"= 1'-0" r 3 Arr�^"�' � �f;nv.� kjes6p MEMORANDUM Z'J• k�'� TO: Planning and Environmental Commission va�-�: 7-o - v FROM: Community Development Department DATE: May 11, 2009 SUBJECT: A request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A- 10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090011 and PEC090012) Applicant: Vail Plaza Development, LLC Planner: Bill Gibson I. SUMMARY The applicant, Vail Plaza Development, LLC, is requesting a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Sections VII and VIII of this memorandum and the evidence and testimony presented, the Staff recommends denial of both requests subject to the findings noted in Section IX of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is proposing to increase the number of dwelling units from one to two, and to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to convert the existing dwelling unit #507 to a fractional fee club unit and convert the existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club unit#313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area (GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The unfinished dwelling unit#507 is currently designed as a three bedroom unit consisting of 5,150 sq. ft. of GRFA. A vicinity map (Attachment A) and the applicant's request (Attachment B) have been attached for reference. 1 11 1 \ Z t III. BACKGROUND The Vail Plaza Hotel is located within the Public Accommodation District in which lodges ("buildings designed for occupancy primarily as the temporary lodging p/ace of individuals or families either in accommodation units or dwelling units...) are allowed as permitted uses and fractional fee club units (an individua!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 twafamily 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 fhe town of Vail, has no fewer than six (6) and no more than twelve (12) owners per unit and whose use is established by a reservation system and is managed on site with a front desk operating twenty four(24) hours a day, seven (7) days a week providing reservation and registration capabilities..." • It is clear in the adopting legislation (Ordinance No. 22, Series of 1996) allowing fractional fee club units within the Public Accommodation District, that these units are not intended for full-time occupancy as a dwelling unit when the Town Council found "that a fractional fee club is a form of public accommodation" and "that the quality of fractional fee club unit are an appropriate means of increasing occupancy rates, maintaining and enhancing short-term rental availability and diversifying the resort lodging market within the Town of Vail". On February 28, 2000, the Planning and Environmental Commission approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units. According to the Staff's memorandum to the Planning and Environmental Commission concerning the fractional fee club: °According to the applicant, the ownership of the c/ub units will be divided into a maximum of 1/12f`' interva/s 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 a/lows for the most attractive weeks of the year to be so/d as club units with the proceeds helping to finance the redeve/opment project. The remaining interest in the clubs is then used by the hotel to support the conference facilities during the summermonths." On August 13, 2001, the Planning and Environmental Commission again approved a conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50 fractional fee club units. According to the Staff Memorandum the Planning and Environmental Commission concerning the fractional fee club: "To further improve the occupancy potenfial 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 interva/ basis. The club units wou/d be sold for 24 weeks during the winter months with the 2 remaining 28 weeks owned by fhe hotel for use as short-term accommodation units." In both 2000 and 2001, pursuant to Section 12-16-7, Vail Town Code, the Planning and Environmental Commission considered "the ability of the proposed project to create and maintain a high level of occupancy" and that "each of the fractional club units shall be made available for short term rental in a managed program when not in use by the club members". Based upon the statements, representations, and proposals of the applicant; the Commission determined that a conditional use permit was warranted for fractional fee club at the Vail Plaza Hotel. On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of 2001, which amended Special Development District No. 6 to allow for the construction of the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee housing units, and 50 fractional fee club units consistent with the August 13, 2001, conditional use permit. As noted above, units #313 and #401 at the Vail Plaza Hotel are currently being illegally occupied as fulltime residential dwelling unit, and not as a fractional fee club unit as required by the approved developed plan. On January 23, 2009, the Town of Vail issued a notice of zoning violation to the Vail Plaza Hotel. On March 13, 2009, the Town of Vail issued the Vail Plaza Hotel a summons to Town of Vail municipal court for this illegal use of the subject fractional fee club units. This matter is tentatively scheduled on the court's May 7, 2009, docket. Unit #507 is currently unfinished and has not yet been issued a final certificate of - occupancy. The Town Council has identified need for an accessibility and delivery route connecting the Vail Plaza Hotel and East Meadow Drive has been identified in other recent proposals to amend the Vail Village Inn Special Development District, including the proposed expansion of the Osaki's restaurant and the Colondo Company's proposal to convert retail space to residential. To date, this physical connection has not yet been constructed. On April 27, 2009, the Planning and Environmental Commission held a public hearing to � discuss this application. The Commission discussed the option of temporarily approving the applicant's request for a specified time period, such as three years, instead of approving a permanent conversion of existing fractional fee club units to dwelling units. Staff continues to recommend denial of this application. However, should the Commission choose to grant a temporary approval of this request, Staff has drafted possible conditions of approval which are outlined in Section IX of this memorandum. At its April 27, 2009, hearing the Planning and Environmental Commission noted concerns about applying Staff's previously proposed condition of approval requiring the applicant to construct loading and delivery improvements to connect the hotel loading dock to East Meadow Drive. Staff has revised the proposed conditions of approval based upon input from the Commission and the Town Attorney's Office. The applicant's proposal generates an increased parking demand of 0.7 parking spaces. The applicant testified that the Vail Plaza Hotel (Phase IV of the Vail Village Inn Special Development District) owns parking spaces physically located in the Phase III Building of 3 . the Special Development District. However, these spaces were necessary to meet the original parking requirements of the Vail Plaza Hotel and are not "surplus". Therefore, the applicant must construct an additional parking space within the Vail Village Inn Special Development District or meet the additionat parking requirements generated by this proposal through another means. Staff recommends the applicant meet this additional 0.7 parking space requirement through the payment-in-lieu system established in Chapter 12-10, Off Street Parking and Loading, Vail Town Code. The payment-in-lieu fee is currently $22,229.16 per parking space and is subject to an annual adjustment based upon the Denver consumer price index. Should the Commissian choose to approval the applicant's request, Staff recommends the Commission applies a condition that applicant pay the full $15,560.41 payment-in-lieu parking fee within 5 business days of obtaining final Town Council approval of the major amendment to a special development district application. However, should the Commission choose to approve a temporary approval of the applicant's request with the fractional fee and dwelling unit mixed to be restored by a specific future date, Staff recommends the applicant pay only one-half ('/z) of the parking fee ($7,780.21). The Town Council has the authority to appropriate these funds to the design, construction, and/or maintenance of loading and delivery improvements within the Vail Village Inn Special Development District. At its April 27, 2009, hearing, the Commission chose to table this item for further discussion at its May 11, 2009, hearing and requested that a site visit afso be scheduled on that date. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for fhe purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of fhe Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objectives. 4 . 7. To prevent excessive population densities and overcrowding of the land with sfructures. 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 facilifies 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 UN/T.• 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 rea/ estate commission pursuant to Colorado Revised Statutes 12-61-401 et seq., and the ru/es and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractiona/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 areas; and to further the overall goa/s of the community as stated in the Vail comprehensive plan. An approved deve/opment p/an for a special development district, in conjunction with the property's under/ying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 8. Applicability: Special development districts do not apply to and are nof available in the following zone districts: hillside residential, single-family residential, two-family residential and twafamily primary/secondary residential. 92-9A-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 ?2-9A- 4 of this article. 5 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district thaf may be affecfed 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 characferistics, conditional uses require review so that they may be located properly with respect fo the purposes of this fit/e 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 /arge. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limifations 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 nof be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. V. SURROUNDING LAND USES AND ZONING Land Uses Zoninq North: I-70 right-of-way Not Zoned South: Mixed Use Public Accommodation East: Mixed Use SDD#39 (Solaris) West: Multiple Family Public Accommodation and SDD#21 (Gateway) VI. ZONING ANALYSIS Standard Aqproved Proposed Dwellings 1 unit 2 units (3 bedrooms/5,150 sq.ft.) (1 bedroom/962 sq.ft& 3 bedrooms/1,801 sq,ft,) Fractional Fee 50 units 49 units (eliminate 1 bedroom/962 sq.ft& 3 bedrooms/1,801 s� (add 5 bedrooms/5,150 sq.ft.) Parking 0.7 per FFU = 1.4 spaces no change(FFU = 0.7 new requirement) 1.4 per DU = 1.4 spaces no change (DUs= 2.8 new requirement) total = 2.8 spaces no change (total = 3.5 new requirement) 6 VII. CONDITIONAL USE PERMIT REVIEW CRITERIA Before acting on a conditional use permit application, the Planning and Environmental Commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on the development objectives of the Town. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. The warm beds are also highfy beneficial to the existing retail and restaurant uses in the other phases of the Vail Village Inn Special Development District. Staff does not believe exchanging two completed fractional fee club units for one unfinished dwelling unit is consistent with the Town's development objectives or the intent and purpose of the overall Vail Village Inn development. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. There are no changes proposed to the existing parking. However, there is net parking requirement increase of 0.7 parking spaces when two fractional fee club units (parking rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per unit). Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a negative affect upon the remaining elements of this criterion in comparison to existing conditions. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. There are no changes proposed to the scale or bulk and mass of the existing building; therefore, Staff does not believe this proposal will have a signi�cant negative affect on this criterion in comparison to existing conditions. 7 Vill. 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, visuat integrity and orientation. There are no changes proposed to the exterior of the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. As described in Section I II of this memorandum, in 2000 and 2001, the Planning and Environmental Commission and Town Council approved one (1) dwelling unit and fifty (50) fractionat fee club unit mix at the Vail Plaza Hotel based upon the following: "According to the applicant, the ownership of the club units wi!l be divided into a maximum of 1/12�h interva/s for the 24 winfer weeks during the ski season, with the remaining 28 shoulder season and summer weeks wou/d be owned by the hotel. This ownership program allows for the most attractive weeks of the year to be sold as club units with the proceeds helping to finance the redevelopment project. The remaining interest in the c/ubs is then used by the hotel to support the conference facilities during the summermonths." "To further improve the occupancy potential of the fractiona/fee club, the 50 club units have been designed to include up to two lock-off spaces per unit. This design creafes a total of 108 keys and 216 pillows for the fractiona! fee club component of the hotel." "The applicant is proposing that the club units be sold on an interval basis. The club units would be sold for 24 weeks during the winter months wifh the remaining 28 weeks owned by the hotel for use as short-term accommodation units." At that time, the Planning and Environmental Commission and Town Council also considered: "the ability of the proposed project to create and maintain a high level of occupancy";and that, 8 . "each of the fractional club units shall be made available for short term rental in a managed program when not in use by the club members". Therefore, Staff does not believe the applicant's proposal to exchange two completed fractional fee club units for one unfinished dwelling unit is consistent with the intent of the original approvals of the Vail Plaza Hotel. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. There are no changes proposed to the existing parking. However, there is net parking requirement increase of 0.7 parking spaces when two fractional fee club units (parking rate of 0.7 per unit) are exchanged for one dwelling unit (parking rate of 1.4 spaces per unit). Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. The applicant is not proposing any changes to the existing loading. Today, there is no accessible or practical physical connection between the Vail Plaza Hotel loading dock and East Meadow Drive. Staff believes the applicant must install the needed accessibility and delivery route connecting the Vail Plaza Hotel loading dock to East Meadow Drive to comply with this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The Vail Comprehensive Plan and Zoning Regulations encourage the creation of "hot beds" (accommodation units) and "warm beds" (fractional fee club units) within the commercial cores and the Public Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These "warm bed" units have historically had higher occupancy rates than dwelling units; and therefore, bring more guests to Vail. Greater numbers of guests have a positive impact on creating vibrancy and economic viability of the commercial cores than dwelling units. Staff does not believe exchanging two completed fractional fee club units for one unfinished dwelling unit is consistent with the Town's development objectives. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. There are no natural and/or geologic hazards affecting this property; therefore, Staff does not believe this proposal wilt have a significant negative affect on this criterion in comparison to existing conditions. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. There are no changes proposed to the site planning, location, or open space for the existing building; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 9 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. There are no changes proposed to the existing vehicular and pedestrian traffic patterns. However, the net gain of dwelling units increases the parking requirement from 0.7 to 2.4 spaces. Therefore, Staff believes this proposal will have a negative affect on this criterion. Should the Planning and Environmental Commission choose to approve this request, Staff believes the applicant must be required to meet this increased parking requirement. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. There are no changes proposed to the existing landscaping; therefore, Staff does not believe this proposal will have a significant negative affect on this criterion in comparison to existing conditions. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district The Town of Vail has no assurance from the applicant when, or if, construction of the Vail Plaza Hotel penthouse unit will occur. Therefore, Staff does not believe exchanging two completed fractional fee club units for one un-built dwelling unit is consistent with the Town's development objectives. 10. Public Benefit: The proposed deviations provide benefits to the town must oufinreigh the adverse effects of such deviations. The original approval of the Vail Plaza Hotel's project was based upon the applicant constructing accommodation units and fractional fee clubs units in keeping with the intent of the Public Accommodation District and the Town's Comprehensive Plan. The Planning and Environmental Commission and Town Council found the construction of these "hot bed" and "warm bed" units to be a significant public benefit of the hotel's original construction. Staff does not believe the proposed exchange of one unfinished dwelling unit for two existing fractional fee club units provides any benefit to the community; and Staff does not believe the applicant is proposing any other public benefit to out weight the negative effects of reducing the number'of fractional fee club units at the Vail Plaza Hotel. IX. STAFF RECOMMENDATION CONDITIONAL USE PERMIT APPLICATION The Community Development Department recommends the Planning and Environmental Commission denies this request for a final review of an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section VIII of this memorandum and the evidence and testimony presented. 10 . Should the Planning and Environmental Commission choose to deny this conditional use permit request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission denies thrs request for an amendment to an existing conditional use permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail Town Council of a major amendment fo Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail P/aza Hotel)/a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to deny this conditional use permit request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criferia outlined in Section Vlll of this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. The proposed conditional use permit amendmenf is not in accordance with the purposes of the Zoning Regulations and the Public Accommodation and Specia/ Development Disfricts as referenced in Section V of this Staff memorandum to the P/anning and Environmental Commission dated April 27, 2009. 2. The proposed conditional use permif amendment and the conditions under which it will be operated or maintained are detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. The proposed conditional use permit amendment does not comply with each of the applicable provisions of Chapter 12-16, Conditiona/ Use Permit, Vai! Town Code, as referenced by Section V of this Staff inemorandum to the Planning and Environmental Commission dated April 27, 2009." Should the Planning and Environmental Commission choose to approve this conditional use permit request, the Community Development Department recommends the Commission applies the following conditions: "1. This conditional use permit approval is contingent upon the applicant obtaining Town of Vail approval of the associated major amendment to a special development district application. 2. This approval shall expire and become null and void on May 11, 2012, or� �K� P o sa� . The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractiona/ fee club units by no lafer than May 11, 2012; or within 7 calendar days of the applicant vacating the subject existing fractional fee club units of the Vail P/aza Hotel prior to said date. 11 3. The applicant shall meet the additional 0.7 parking space requirement generated by this application by providing a payment-in-lieu to the Town of Vail in accordance with the per parking space fee established by Chapter 12-10, Off Street Parking and Loading, Vail Town Code. The applicant shall provide payment of at least one-half(%) the full payment-in- lieu fee ($7,780.21) to the Town of Vail within 5 business days of obtaining approval of the associated major amendment to a special development district application." SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of denial to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and Club, located at 16 Vail Road (Vail Plaza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria described in Section IX of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission pass the following motion: °The Planning and Environmental Commission forwards a recommendation of denial to the Town Council for a major amendment to Special Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment . Procedures, to allow for changes to the fractional fee club unit designations within the Vail Plaza Hotel and C/ub, located at 16 Vail Road (Vail P/aza Hotel)/ a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of denial for this request, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section /X this Staff memorandum to the P/anning and Environmenfal Commission dated April 27, 2009, and the evidence and testimony presented, the P/anning and Environmental Commission finds: 1. That the special development district amendment does not comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the special development district amendment is not consistent with the adopted goa/s, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and 3. That fhe special development district amendmenf is not compatib/e with and suitable to adjacent uses and appropriate for the surrounding areas; and 12 , � 4. That the special development district amendment does not promote the health, safety, morals, and general welfare of the town and promotes the coordrnated and harmonious development of the town in a manner thaf conserves and enhances its nafural environment and its established character as a resort and residential community of the highest quality." Should the Planning and Environmental Commission choose to forward a recommendation of approval for this request, the Community Development Department recommends the Commission applies the following conditions: "1. This approval shall expire and become null and void on May 11, 2012, or upon the applicant vacating the subject existing fractionaJ fee club units of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractiona/ fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; or wifhin 7 calendar days of the applicant vacating the subject existing fractional fee club units of the Vail Plaza Hotel prior to said date. 2. The applicant shall meet the additional 0.7 parking space requirement generated by this application by providing a payment-in-lieu to the Town of Vail in accordance with the per parking space fee established by Chapter 12-10, Off Street Parking and Loading, Vail Town Code. The applicant shall provide payment of af /east one-half(%) the full payment-in- lieu fee ($7,780.21) to the Town of Vail within 5 business days of obtaining approval of the associated major amendment to a specia/ development district application." X. ATTACHMENTS A. ApplicanYs Request � � �` � � 13 Q r _ � s V �� Q I ! � � , , ,, _. ��.,�:,;,- �. ,, . � ��"�� CONDOMINIUM PLAT �f`+ � �"- � VAIL PLAZA HOTEL RESORT CLU9 � ,, I A PORTION OF LOT M, N, 0, BLOCK 5D, VAIL VILLACE FIRST FILING, � , � �--__ TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO ' � ---�°�.,„ � � '---__ a.�, i I �� i � � i � ra„�` I I I I I� �.. . w.awn.n mm�� I "�`�"��"o.M.� y � I . � VAIL CAIEWAY � ^ � � I PU2A CONDOMINIUAIS I � P[ttrror�w�«x�I . � 1 I ' � I � �W � I S � I ♦ i � � � _ �, � I �� „ � ,.�r �,u,m ""`;.� �"�; i� ' ~c•s�9�46'0 ou wrvar y / ��E' 1qj �umnw x.� �in �< � -' ""' __J7'(14J.JB'] :�M aP t$\� ,._ay_K" I / cE. "_ q$ a� , ---- ___ _ , �i: �o 's,g � "` ,.� 2i6 Y�M�� , .� � 'ie - i ' ,. � ; i .1_�i_;, _.. ._ ..-----.—'. . -.._ ._i-',.. i� � r � , i / u�.;ao:�,�.ai.nw.� --�i N z _1 } ` .�.,',,.'`.,. 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Noa,ecn.a�n.,..HC.mrrwas �paOR tm AW1y COID��DO it[m T60'1CIMFR51 FA1COl4fN-1G�0 Upper Level �f�� i �i�� Vaif, Colorado June 6,2005 � Unit 23-Level 3/4 Lower Level: 1,011 5quare Feet Upper Level: 790 Square Feet Total Area: 1,801 Square Feet � m 0 � .� > North Mountain � Ski Mo�!n�in �C�� !► �I�� - �L��f�:0 �� %3 Scale: 3/32"= 1'-0" "'� „n_ � � � � � � � � AND ASSOCIATES, INC. n�n�,rw�«.ac-u+rec.xs r.nscc�nc nwr{m�[a�oo ncm 16 Ol�Hsm9 FA%bT�fH-10e0 Unit 34-Level 4 962 Square Feet `�E�A � �'i��:�. ��i Vail, Colorado � �June 6,2D05 v m 0 c� .� > Noith lvlountain 5ki Mountain ; � �► �u�o� :�� — �.��0 � �7`Y//� SCale: 3/.�2��= ��'Q�� L `� � � � � � � � AND ASSOCIATES, INC. ��„�_��.�r„� r.aeox�m nwri canu�oo wcxo 7!L b7qlOO2S7 fAXb701M9-1010 ��i l�vc�c,f•7 I /a.� /tt d�ru�+¢d Fv�/� -rv7�L �ls� )=i-8►2cc �k�2+,�a►�r,�t/�1 Vai I Plaza Hotei Vail, Colorac90 AUCUST 7,2006 �507 C:�w�� Du�� u�u� -��. Scale: 3/32"= 1'-0" � - , _ A PP�b JN � ; MEMORANDUM vof�' N-3-o TO: Vail Town Council FROM: Community Development Department DATE: May 19, 2009 SUBJECT: First reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090011) Applicant: Vail Plaza Development, LLC Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Vail Plaza Development, LLC, is requesting a first reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12- 9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. The applicant is proposing to increase the number of dwelling units from one to two, and to decrease the number fractional fee units by one in the Vail Plaza Hotel which is Phase IV of Special Development District No. 6, Vail Village Inn. The applicant is proposing to convert the existing dwelling unit #507 to a fractional fee club unit and convert the existing fractional fee club units #313 and #401 into dwelling units. Fractional fee club unit#313 is a three bedroom unit consisting of 1,801 sq. ft. of gross residential floor area (GRFA) and #401 is a one bedroom unit consisting of 962 sq. ft. of GRFA. The unfinished dwelling unit#507 is currently designed as a three bedroom unit consisting of 5,150 sq. ft. of GRFA. Refer to the attached May 11, 2009, Staff memorandum to the Planning and Environmental Commission for a more detailed description of this request. II. BACKGROUND The Planning and Environmental Commission held public hearings to discuss this request on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval, with conditions, to the Town Council for the proposed special development district � amendment based upon the findings noted below in Section III of this memorandum and the additional finding: "That the temporary approval of this amendment will have no negative effect on �' parking since the existing penthouse dwelling unit can not yet be occupied." 1 t •, : III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission forwards a recommendation of approval to the Town Council for the amendment to a special development district, and setting forth details in regard thereto. Should the Town Council choose to approve this request with conditions, the Planning and Environmental Commission recommends the Town Council passes the following motion: "The Town Council approves, on first reading, Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units and the conversion of one dwelling unit to a fractional fee club unit, located at 16 Vail Road (Vail Plaza Hotel)/a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Town Council choose to approve this request with conditions, the Planning and Environmental Commission recommends the Town Council imposes the following condition(s): "1. This approval shall expire and become null and void on May 11, 2012, or upon the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; or within 7 calendar days of the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date." Should the Town Council choose to approve this request with conditions, the Planning and Environmental Commission recommends the Town Council makes the following findings: "Based upon the review of the criteria outlined in Section IX this Staff memorandum to the Planning and Environmental Commission dated April 27, 2009, and the evidence and testimony presented, the Town Council finds: 1. That the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved. 2. That the specia/ 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 specral development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and 4. That the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated 2 ! . � � and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 5. That the temporary approval of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied." IV. ATTACHMENTS � A. Proposed Ordinance No. 13, Series of 2009 B. Staff memorandum to the PEC, dated May 11, 2009 C. Approved Ordinance No. 16, Series of 2004 � 3 . f � ORDINANCE NO. 13 Series of 2009 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO.6,VAIL VILLAGE INN, PURSUANT TO ARTICLE 12- 9A-10,AMENDMENT PROCEDURES,VAIL TOWN CODE,TO ALLOW FOR THE CONVERSION OF TWO EXISTING FRACTIONAL FEE CLUB UNITS TO DWELLING UNITS AND THE CONVERSION OF ONE DWELLING UNIT TO A FRACTIONAL FEE CLUB UNIT, LOCATED AT 16 VAIL ROAD (VAIL PLAZA HOTEL)/A PORTION OF LOTS M, N, AND O, BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn; and WHEREAS, amendments to a Special Development District are permitted pursuant to the � parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 20, 2009, and May 11, 2009,to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with � conditions, to the Vail Town Council by a vote of 7-0-0; and � � WHEREAS, the Vail Town Council finds that the proposed amendment to Special � Development District No. 6, complies with the review criteria outlined in Section 12-9A-8,Vail Town Code,and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are oufinreighed by the public benefits provided; and WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS,the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS,the Vail Town Council finds that the special development district amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and � WHEREAS, the Vail Town Council finds that the special development district amendment � does promote the health, safety, morals, and general welfare of the town and promotes the � coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and � WHEREAS, the Vail Town Council finds that temporary approval of this amendment will � have no negative effect on parking since the existing penthouse dwelling unit can not yet be � occupied; and �' � Y'- � Ordinance No.13,Series of 2009 � �' � �' � � , � WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. AMENDMENTS Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended as follows(all additions are illustrated with bold italics,deletions are illustrated with�+^'-°�^��;,and text not affected has been omitted): Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units—� 2 3 Accommodation Units - 100 Fractional Fee Club Units—�9 49 �/$ Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Section 2. CONDITION(S) OF APPROVAL The following condition of approval shall become part of the Town's approval of this amendment to the approved development plan for Phase IV (Vaif Plaza Hotel) of Special Development District No. 6, Vail Village Inn: This approval shall expire and become null and void on May 11, 2012, or upon the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no laterthan May 11, 2012; or within 7 calendar days of the issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance,and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more pa�ts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding,determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 5. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding Ordinance No. 13,Series of 2009 2 r . � ' as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING,APPROVED,AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 2009 and a public hearing for second reading of this Ordinance set for the 2"d day of June, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. � � Richard D. Cleveland, Mayor � ATTEST: Lorelei Donaldson, Town Clerk � � � �. � Ordinance No. 13,Series of 2009 3 �: �'' � i� J � �D e+.�� MEMORANDUM va�.= '7-o-o TO: Vail Town Council FROM: Community Development Department DATE: June 2, 2009 SUBJECT: Second reading of Ordinance No. 13, Series of 2009, an ordinance temporarily amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090011) Applicant: Vail Plaza Development, LLC Planner: Bill Gibson � I. DESCRIPTION OF THE REQUEST The applicant, Vail Plaza Development, LLC, is requesting a second reading of Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fractional fee club units to dwelling units, located at 16 Vail Road (Vail Plaza Hotel) / a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. The applicant is proposing to increase the number of dwelling units from one to three in the Vail Plaza Hotel by converting the existing fractional fee club units#313 and #401 into dwelling units. II. BACKGROUND The Planning and Environmental Commission held public hearings to discuss this request on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval, with conditions, to the Town Council for the proposed special development district amendment based upon the findings noted below in Section III of this memorandum and the additional finding: "That the terr�porary approva/ of this amendment will have no negative effect on parking since the existing penthouse dwelling unit can not yet be occupied." � On May 19, 2009, the Town Council held a public hearing to discuss the applicanYs � request. The applicant's formal written request was to convert two existing fractional fee � club units into dwelling units in exchange for the conversion of the one penthouse �; dwelling unit into a fractional fee club unit. However, the Planning and Environmental � Commission recognized, and fully accepted, that construction of the penthouse is not complete, there has been no certificate of occupancy issued for the penthouse unit, and that the applicant by his own testimony has no intension of completing construction of the penthouse unit or of marketing that unit as anything other than a dwelling unit. 1 � � �� Therefore, while on paper the applicant was proposing the conversion of the penthouse unit to a fractional fee club unit in exchange for the two new dwelling units; in practice the penthouse unit will never actually function as a fractional fee club unit. 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 Commission's recommended triggers of the specific date May 11, 2012, or the issuance of an occupancy certificate for the penthouse unit. The condominium plat for the Vail Plaza Hotel identifies the unit type designations (commercial unit, club unit, hotel unit, spa unit, etc.) within building. Since the Town Council has chosen to temporarily approve the applicanYs request to convert to fractional fee club units to dwelling units, Staff recommends the Council formalize the applicant's requirement to update the condominium plat by including this requirement as a condition of approval for Ordinance No. 13, Series of 2009. This proposed condition has been integrated into the attached ordinance. III. ACTION REQUIRED The Town Council shall approve, approve with modification, or deny this ordinance on second reading. Should the Town Council choose to approve the second reading of this ordinance consistent with the first reading, the Community Development Department recommends the Town Council passes the following motion: "The Town Council approves, on second reading, Ordinance No. 13, Series of 2009, an ordinance amending the approved development plan for Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the conversion of two existing fracfional fee club units to dwelling units, located at 16 Vail Road (Vail Plaza Hotel) /a portion of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto." Should the Town Council choose to approve the second reading of this ordinance consistent with the first reading, the Community Development Department recommends the Town Council imposes the following condition(s): "1. This approval shall expire and become null and void on May 11, 2012, or upon either the sa/e or issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. The applicant shall restore the subject fractional fee club units (Units 313 and 401) of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; or within 7 calendar days of either the sale or issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. 2 . � . • � 2. This approval is contingent upon the applicant obtaining Town of Vail administrative approval, and causing to be recorded, an amended condominium p/at ref/ecting the change in designation of Units 313 and 401 from "club units"to "dwelling units". Upon either the sale of Unit 507 of the Vail P/aza Hotel, the issuance of a Temporary or Final Certificate of Occupancy for Unit 507, or prior to May 11, 2012, the applicant shall restore the condominium p/at designation of both Units 313 and 401 of the Vail Plaza Hotel to "club unit" Should the Town Council choose to approve the second reading of this ordinance consistent with the first reading, the Community Development Department recommends $ the Town Council makes the following findings: � "Based upon the review of the criteria outlined in Section /X this Staff memorandum to the Planning and Environmenta/ Commission dated April 27, 2009, and the evidence and testimony presented, the Town Council finds: F' 1. Th t the s ecial deve/o ment district amendment does com I with the � a P P pY standards listed Article 12-9A, Specia/ Deve/opment 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 compatib/e with the development objectives of the town; and �; 3. That the special development district amendment is compatib/e with and � suitab/e to adjacent uses and appropriate for the surrounding areas; and �' � 4. That the special development district amendment does promote the health, safety, mora/s, 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. � 5. That the temporary approval of this amendment will have no negative effect on � parking since the existing penthouse dwelling unit can not yet be occupied." �; IV. ATTACHMENTS �; A. Ordinance No. 13, Series of 2009 �` �; � � � � t � � 3 � � � �' �. . 1� � " ORDINANCE NO. 13 �: Series of 2009 � AN ORDINANCE TEMPORARILY AMENDING THE APPROVED DEVELOPMENT PLAN FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6,VAIL VILLAGE INN, PURSUANT TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR THE CONVERSION OF TWO EXISTING FRACTIONAL FEE CLUB UNITS TO DWELLING UNITS, LOCATED AT 16 VAIL ROAD (VAIL PLAZA HOTEL) 1 A PORTION OF LOTS M, N, AND O, BLOCK 5D,VAIL VILLAGE FILING 1,AND SETTING FORTH DETAILS IN REGARD THERETO. � WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan � for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn; and �; WHEREAS, amendments to a Special Development District are permitted pursuant to the � parameters set forth for such in Section 12-9A-10, Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held public hearings on April 20, 2009, and May 11, 2009,to consider the proposed amendment in accordance with the provisions of the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town Council by a vote of 7-0-0; and , WHEREAS, the Vail Town Council finds that the proposed amendment to Special � Development District No. 6, complies with the review criteria outlined in Section 12-9A-8,Vail Town �; Code,and that the applicant has demonstrated that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and WHERAS, the Town Council finds that the special development district amendment does comply with the standards listed Article 12-9A, Special Development District, or that a practical solution consistent with the public interest has been achieved; and WHEREAS,the Vail Town Council finds that the special development district amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and , � WHEREAS,the Vail Town Council finds that the special development district amendment is � compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds that the special development district amendment does promote the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that temporary approval of this amendment will � have no negative effect on parking since the existing penthouse dwelling unit can not yet be � occupied; and � � � � Ordinance No.13,Series of 2009 second reading � � . � . WHEREAS, the approval of this special development district amendment, and the development standards in regard thereto, shall not establish precedence or entitlements elsewhere within the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. AMENDMENTS Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby amended as follows(all additions are illustrated with bold italics,deletions are illustrated with st�+l��#�,and text not affected has been omitted): Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club Units The number of units permitted in Phase IV shall not exceed the following: Dwelling Units—�- 3 Accommodation Units - 100 Fractional Fee Club Units—�8 48 Type III Employee Housing Units -18 (38 employee beds totaling 9,618 square feet of floor area) Section 2. EFFECTIVE TERM This ordinance shall expire and become null and void on May 11, 2012; or upon either the sale or issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. Section 3. CONDITION(S) OF APPROVAL The following condition of approval shall become part of the Town's approval of this amendment to the approved development plan for Phase IV (Vail Plaza Hotel) of Special Development District No. 6, Vail Village Inn: 1. The applicant shall restore the subject fractional fee club units(Units 313 and 401)of the Vail Plaza Hotel temporarily converted to dwelling units back to fractional fee club units by no later than May 11, 2012; orwithin 7 calendar days of either the sale or issuance of a Temporary or Final Certificate of Occupancy for Unit 507 of the Vail Plaza Hotel prior to said date. 2. This approval is contingent upon the applicant obtaining Town of Vail administrative approval, and causing to be recorded, an amended condominium plat reflecting the change in designation of Units 313 and 401 from "club units" to "dwelling units". Upon either the sale of Unit 507 of the Vail Plaza Hotel, the issuance of a Temporary or Final Certificate of Occupancy for Unit 507, or prior to May 11, 2012, the applicant shall restore the condominium plat designation of both Units 313 and 401 of the Vail Plaza Hotel to "club unit". Ordinance No. 13,Series of 2009 second reading 2 � . - . �' � �: Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for � any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Councii hereby declares it would have passed this ordinance,and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The 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. V � as rovided in this �` Section 6. The amendment of any provision of the Town Code of ail p ordinance shall not affect any right which has accrued,any duty imposed, any violation that occurred � prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. �` Section 7. All bylaws, orders, resolutions and ordinances,or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise � any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. � �° INTRODUCED, READ ON FIRST READING,APPROVED,AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 2009 and a public hearing for second reading of this Ordinance set for the 2"d day of June, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. �; �: �, � Richard D. Cleveland, Mayor � ATTEST: �` � � Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2"�day � of June, 2009. � Richard D. Cleveland, Mayor � � � Attest: � � � � � Lorelei Donaldson, Town Clerk � � Ordinance No. 13,Series of 2009 second reading 3 � � � Page 1 of 1 Bill Gibson -Units 313 and 401 �; �w��r� ��NU�� From: "Connie Dorsey" <cdorsey@vailplazahotel.com> To: "Bill Gibson" <BGibson@vailgov.com>, "Matt Mire" <MMire@vailgov.com> � Date: 6/5/2009 11:41 AM � Subject: Units 313 and 401 � ___..___�.----.�..�.._�__._ ....._. ....____._______. . _...._ _.__.�...._____..__..�._...____�. _..._._______w. ,_.._ ___.___�u._._— _ � Bill and Matt, � These units have been vacated. We will restore them and hopefully have them ready for your inspection by the � end of next week or June 13. I will re-confirm on the 11th � Matt, I have a pre trial conference for June 11th. I'm asking if we can for�o anv fine assessments(lack of funds) and � have the pre trial conference vacated because of the quick reaction on the part of Mr. Prado in vacating the � units? � � Sincerely, � Connie � � � a � � � � �V�1L �LAZA HOTEL �t I�,��lg � g Connie H. Dorsey �. General Manager �; � Vail Plaza Hotel &Club � p.970-477-8010 � f. 970-477-8012 cdorsey@vailplazahotel.com � � �? � � � �' � �! �' � � � � � � `Y, file://C:�Documents and Settings\Administrator\Local Settings\Temp�XPgrpwise\4A2904... 07/O1/2009 �