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Home My WebLink AboutWEST DAY SUBDIVISION LOT 2 RITZ CARLTON GENERAL PART 1 OF 2 LEGAL.pdfI ffiflrYoEt/E[mEHt Planning and Environmental Commisson ACTIOI{ FORlrl Department of Community Dsvelopment 75 South Frcntage Road, Vail, Colorado 81657 tel: 970.479.2139 faxi 970.479.2452 web: www.vailgov.com Prcjectl{ame: RITZ MN DffALT Project Descripdon: Participants: OWNER VAMHC INC PO BOX 7 VAIL co 81658 APPUCANT BMUNASSOCIATES,INC LLlI5l2006 Phone: 970-926-7575 225 MAIN STREFI, SUITE G - OO2 EDWARDS co 81632 License: C0000015,f5 ProjectAddress: Tl5WUONSHEADCRVAIL Locauon: T2SWESTUONSHEADCR legal Description: lot: 2 Block SuMivision: West Day Parcel l{umber: 2101-072-1,100-1 Comments: SeeConditions BOARD/STAFF ACTIOI{ PEC Number: PEC060082 Amendment to the major exterior alteration to conveft 41 dwelling units to 45 fractional fee club unib and add one additional dwelling unit bringing the total number of units to 116. Motion By: Second By: Vote: CondiUons: LULsl2006 Action: APPROVED Date of Approvalz I2lLLl2006 Cond:8 (PLAN); No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid for 20 days followlng the date of approval. Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pendlng employee housing regulations in whatever form they are finally adopted; provided, howwer, that if the Town fails to adopt the pending employee housing regulations by April L5, 2007, this Ordinance shall not apply to such development applications, Cond: CON0fi)8597 That the Dweloper submib a omplete application to the Town of Vail C,ommunity Kjesbo Jewitt 5-0-0 Development Department for the final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit for any of the Rltz-Carhon Residences improvements. Cond; CON0008598 That the Dweloper submib a Construction Staging Plan to the Town of Vail Community Development Department for the review and approval of the proposed staging plan by the Town of Vail Public Work Depaftment prior to the issuance of a building permit for the Ritz-Carlton Residences improvements. Cond: CON0008599 That the Developer prepares a RiE-Carlton Residences Site Art in Public Places Plan, for input and comment by the Town of Vail Aft in Public Places Board, prior to the issuance of a building permit for the Ritr-Carlton Residences site improvements. Subject to the above input and comment by the Art in Public places Board, Vail Associates will determine the type and location of the art to be provided. Said Plan shall include the funding for a minimum of $100,000.00 in public art improvements to be developed in conjunction with the RiE-Carlton Residences site. The implementation of the Plan will be reasonably incorporated by Vail Associates into the RiE-Carlton Residences construction schedule in accordance with generally prevailing construction practices. Cond: CON0008600 That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans including the required off site improvements, to the Town of Vail Community Development Department for review and approval of the drawings, prior to making application for the issuance of a building permit for the RiE-Carlton Residences improvements. Cond: CON0008601 That the Developer provides deed-restricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for 10 employees, and that said restrictions shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the RiE-Carlton Residences improvements. In addition, the deed-restrictions shall be legally executed by the Dweloper and duly recorded with the Eagle County Clerk & Recorder's Office, prior to the issuance of a temporary certificate of occupancy for the Ritr-Carlton Residences improvemenE The potion of this amended Ritz-Carlton Residences approved on December tL,2006, shall be subject to Ordinance 26, Series 2006, and shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications Cond: CON0008602 That the Developer shall be assessed a transpoftation impact fee in the amount of $5,(M) per increased vehicle trip in the peak hour generated (56 trips), or $280,000, and a fee of $6,500 for the increased peak hour vehicle trips (4 trips) or $26,000, created by the amendment to convert 41 dwelling unib to 45 Fractional fee club unib and add one (1) additional dwelling unit, as a result of the Ritz{arlton Residences improvements. The total fee of $306,0fi) shall be paid in full by the Developer prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for the RiE-Carlton Residences improvemenb. At the sole discretion of the Town of Vail Public Works Director, said fee may be waived in full, or part, based upon the compleUon of certain off-site improvements. If the improvements as shown on the plans entitled 'The RiE{arlton Residences (based on CDOT requirements)", dated October 2L,7005, and as approved on November 28,2005, by the PEC are constructed and completed by the Doreloper, said fee shall be waived in tull by the Town. Planner: WarrenCampbell PEC Fee Paid: $800.00 cof,i.l|w rElEro?ttr r Planning and Environmental Commisson ACTIOI{ FORtrl Department sf Conmunity Development 75 South Frontage Road, Vail, Colorado 81657 tef: 970.479.2139 fax. 97O.479.24i2 web: wwu-vallgov.com. Prcject Name: RiE Carlton Res. C1JP Pruject Description: Particlpants: OWNER VAMHC INC PO BOX 7 VAIL co 81658 Ploject Addrcss: Legal Description: Parcel l{umber: Comments: PEC l{umber: PEC060081 Request for a conditional use permit to add an additional dwelling unit on the garden level and convert 6 dwelling unit CUPs to 6 fractional fee club unit CUPs. LLlrsl20o6 APPUCANT BMUN ASSOCIATES, INC 11115120o6 Phone: 970-926-7575 225 MAIN SrREEr, SUm G - 002 EDWARDS co 81632 License: C000001546 715 W UONSHEAD CR VAIL LocaUon: 728 WEST UONSHEAD CR Loh 2 Block Subdivislon: West Day 2101-072-1,100-1 See Conditions Motion By: Second By: Vote: Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approvalz L2lLLl2006 @nd:8 (PI-AN); No changes to these plans may be made without the written consent of Town of Vail stafr and/or the appropriate rwiew committee(s). Cond:300 PEC approval shall not be not beaome valid for 20 days following the date of approval. Cond: 113 All danelopment applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2A07, this Ordlnance shall not apply to such development applications. Kjesbo Jewitt 5-0{ Planner: WanenCampbell PEC Fee Paad: $650.00 cotilttrw tEtELmCt|r Design Review Eoad ACTION FOR]II Dspartment of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 faxi 970.479.2452 web: wwu.vailgo%com Project Name: RITZ CARLTON RES. CNGE TO APPR Project Description: Participants: OWNER VAMHC INC PO BOX 7 VAIL co 81658 APPUCANT BAILEY & PETERSON L2l081200,6 108 S. FRONTAGE RD srE 208 VAIL co 81657 License: C000002159 Prcject Addrcss: 715 W UONSHEAD CR VAIL 728 WEST UONSHEAD CR Legal Description: Lot: 2 Block Subdivision: West Day Parcel Number: 2101-072-1400-1 Comments: SEE CONDmONS DRBNumber: DR8060556 Lzl 0812006 Phone: 970476-0092 Location: FINAL APPROVAL EXTERIOR CHANGES TO THE APPROVED PI.ANS FOR THE RIIZ CARLTON HOTEL Motion By: Second By: Vote: Condl6ons: BOARD/Sf,AFF ACTION Acton: SIAFFAPR Date of ApprcvaE 0L1L712007 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond:0 (PI-AN): DRB approval does not constitute a permit for building. Please consult with Town of Vail Building personnel prior to construction actlvities. Cond: 201 DRB approval shall not become valid for 20 days following the date of approval. C.ond:202 Approval of this project shall lape and become void one (1) year following the date of final approval, unless a building permit is issued and construction is commenced and is diligently pursued toward completion. Gond: 113 All danelopment appliratlons submltEd b the Town #r the eftcthe date d Ordinane 25, Sedes 2005 shall be subJect to the pending ernplqrce housing rcgulatbns In whatererfurm theyarc finally ado@; prqrlded, ho{ever, tttat f the Toryn trlls to adopt $e pendlng employee houslng regulations W April 15, Zl/J.7, thls Ordinane shall not apply to such development appllcations. Wanen Campbdl DRB Fsc Pald: S2O.OO , A;^* S l[,, R,n,J Ilor*,^* /d,h+te cor')i+ion frp,*') MEMORANDUM Vail Town Council Department of Community Development tl-l' (6t,, "1pJ) )Jr+,n, l'10{l*t enl /)e,^,tlny January 16,2007 An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval, with conditions, of an a major exterioralteration, pursuant to Section 12-7H-7, ExteriorAlterations or Modifications, Vail Town Code, and a final review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditional Uses; BasementorGarden Level, and12-7H-3, Permifted and Conditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. (Ritz-Carlton Residences) (PEC06-0081 and PEC06-0082). Appellant Vail Town Council Planner: Warren Campbell SUBJECT PROPERW The subject property is located at 728 West Lionshead Circle/Lot 2, West Day Subdivision. STANDING OF APPELLANT Pursuant to Section '12-3-3, Appeals, Vail Town Code, the Vail Town Council has standing to "call-up" any action taken by the Planning and Environmental Commission. REQUIRED ACTION The Vail Town Council shall uphold, overtum, or modfi the Town of Vail Planning and Environmental Gommission's approval, with conditions, of an a major exterior alteration, pursuant to Section '12-7H-7, Exterior Alterations or Modifications, Vail Town Code, and a finaf review of a conditional use permit, pursuant to Section 12-7H-2, Permitted and Conditionaf Uses; Basement or Garden Level, and 12-7H-3, Permitted and Gonditional Uses; First Floor on Street Level, Vail Town Code, to allow for the development of 45 fractional fee club units and one additional residential dwelling unit, located at 728 West Lionshead Circle/Lot 2, West Day Subdivision, and setting forth details in regard thereto. Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the pafticular evidence presented to it. These findings of fact must support conclusrbns that the standards and conditions imposed by the requirements of fhr.s title (i.e. Title 12, Zoning Regulations, Vail Town Code) have or have not been met." TO: FROM: DATE: SUBJECT: il. lv.BACKGROUND For a complete description of the RiE-Carlton major exterior alteration and conditional use permit applications, please refer to the attached Staff memorandum to the Planning and Environmental Commission, dated December 11, 2006 (Attachment A). On December 11,2006 the Planning and Environmental Commission approved, with conditions, a request for a major exterior alteration and a final review of a conditional use permit to allow for the development of 45 fractional fee club units and one additional residential dwelling unit within the previously approved RiE Carlton Residences, by a vote of 5-0-0. On December 19, 2006, the VailTown Council"called-up" (i.e. appealed) the Planning and Environmental Commission's action by a vote of 6-0-0 (Hitt absent), due to concems over a condition of approval regarding the provision of employee housing beds associated with the development of the project. An excerpt from the Council's December 19, 2006, hearing highlights have been attached for reference (Attachment B). The condition of approval for the major exterior alteration which was of concem to the Council reads as follows: 5. That the Developer provides deed+estricted employee housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-1 3) for 1 0 employees, and that said restrictions shall be made availableforoccupancy, prior to the issuance of a temporary ceftificate of occupancy for the Ritz- Carlton Residences improvements. ln addition, the deed+estrictions sha// be legally executed by the Developer and duly recorded with the Eagle County Clerk & Recorder's Office, priorto fhe issuance of a temporary certificate of occupancy for the Ritz-Carlton Residences improvements The Developer mav provide reouired emplovee housinq on an interim basis. not to exceed four Hl vears (November 28. 2008J except that ultimatelv the Developer will be required to furnish permanent facilities for the Ritz-Carlton Residences emplovee housinq requirements. The portion of this amended Ritz-Carlton Residences approved on December I 1 , 2006, shall be subject to Ordinance 26, Series 2006, and shall be subject to the pending employee housing regulations in whatever form they are fin ally adopted ; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications In reviewing this condition of concem, Staff has determined that the most stringent the condition can be applied to the applicant would be to require all the employee housing to be provided prior to the issuance of a temporary certificate of occupancy or certificate of occupancy for any portion of the Ritz-Carlton Residences. Staff believes that striking the sentence underlined above addresses the concems of the Town Council and ensures that the required employee housing is provided prior to occupancy of the Ritz-Carlton Residences.