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HomeMy WebLinkAboutWEST DAY MARRIOTT (11)V""J\ l"fiz /[t'it lt""& 265 ADMINISTRATIVE ACTION FORM Department of Community Development 75 South Frontage Road Vail, CO 81657 tel: 970-479-2138 fax: 970479-2452 web: www.vailgov.com Project l{ame: ApplicationType: CondThPl ADM l{umber: ADM060005 Parcel: 2101-072-0501-6 Project DescripUon: FINAL APPROVAL FOR A CONDOMINUM PI-AT REVIEW Pafticipants: OWNER ARTINIAN, RON 5 BRISTOL DR MANHASSET NY 11030 o4lLol2oo6 APPUCANT RUTH B. JOHNSON, ATTORNEY ATO4lL0l2006 Phone:476-7646 WEA& TMVERS AND PERKINS, P,C. 1OOO S FRONTAGE RD W STE 2OO VAIL co 81657 Project Address: 714 W LIONSHEAD CR VAIL THE MARK LODGE CONDOS Legal Description: Lot: 7 Block: Subdivision: MARIVLODGE Comments: Location: MoUon By: Second By: Vote: CondiUons: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 08/15/2006 Meeting Date: 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 commlttee(s). Plianner: l''lat@nnett DRB Fee Paid: $100.00 Ruth B. Johnsort AT]aR\Fy \'r L_Na Veur, Tiave.s fl l)ertins, P C. S.-r'rH l:R.-\T.\cL R..,\t) $(LsT, Sl rli 20 \1{1r., C.r,rR^rF 8t6S7 M,\rN LfFr,rcL (910) 176-7646 t,\csrNI.[ (9i(]).176_Zlt8 DrRE.r l)r,\L (970) 79{) 1610 Crr_L (303).178_2219 Eiurr r r j oLnson(41 wenrtrav. eon 'ine* N ,oou \ PR.JoG o rcd AntnoG0OOs- APPLICATION FOR CONDOMINIUM/TOWNHOUSE PI-AT REVIEW (TITLE 13 Vail Municipal Code) (please print or type) A.AppLICANT TnS rflo!< : Ladqe Cond"*r,ni un Associalian,Inc, MAILING ADDRESS PHONE It 5 y,/e s+ 1^l 6n sheaL 4inat<-(ai I aro$7 +71-1co B.APPLICANT'S REPRESENTATIVE MAILING ADDRESS c ner al ma.1")Dave (>eqie €: PHONE -746-t 6 (o ontaqe Road,iles+, Sqite ?oo Jat l, (d 81G 51 the- (Y1ark- - Lodq< Conlowlinium Associafion,lrc,c.PROPERW-OWNER OWNER'S SIGNATURE PHONE +'7 7- 6 q 60 MAILINGADDRE c (>dve Qaase (S+ h onshead Li rc-le Vail, eo D.LOCATION OF PROPOSAL: 57 1 t5 lt/est- Li oqs hea L Ciarte Jail co 8t657 A (ar+ o( Lols *an4-1t t)iock I LOT BLOCK FfLfNG Tht t4 E. F. STREETADDRESS APPLICATION FEE $1OO.OO MATERIALS TO BE SUBMIfiED: pARcEL "o.ry(contact Eagte co Assessor 328-8&t0) psls'/'5o6 cHecx a )1o{ DATE 1. Two mylar copies and one paper copy of the subdivision plat shall be submitted to the Department of Community Development. The plat shall include a site map with the following requiremenis: The final plat shall be drawn by a registered surveyor in India ink, or other substantial solution, on a reproducible medium (preferably mylar) with dimension of twenty-four by thirty-six inches and shall be at a scale of one hundred feet to one inch or.larger with margins of one and one-half to two inches on the left and one.half inch on all other sides. Accurate dimensions to the nearest one-hundredth of -a foot for all lines, angles and curves used to describe boundaries, streets, setbacks, alleys, easements, structures, areas to be reserved or dedicated for public or cornmon uses and other important features. All curves shall be circular arcs and shall be defined by the radius, b. 2. 3. m. All current taxes must be paid prior to the Town's approval of plat. This includes taxes which have been billed but are not yet due. The certificate of taxes paid must be signed on the plat or a statement from the Eagle County Assessor,s Office must be provided with the submittal information stating that all taxes have been paid. n. Signature of owner. The condominium or townhouse plat shall also include floor plans, elevations and cross-sections as necessary to accurately determine individual air spaces and/or other ownerships and if the project was built substantially the same as the approved plans. A copy of the condominium documents for staff review to assure that there are maintenance provisions included for all commonly owned areas. APPROVAL PROCESS, REVIEW CRITERIA Upon receiving two copies of a complete submittal along with payment of the appropriate fee, the zoning administrator shall route one copy of the site map to the town engineer for his review. The zoning administrator shall then conduct this review concurently. The town engineer shall review the submittal and retum comments and notifications to the zoning administrator who shall transmit the approval, disapproval or approval with modifications of the plat within fourteen days to the applicant. The zoning administrator shall sign the plat if approved or require modifications on the plat for approval or deny approval due to inconsistencies with the originally approved plan or failure to make other required modifications of the plat. FILING AND RECORDING J'. .' !i.i.'-'.'i, The zoning administrator shall be the final signature required ofithe plat so that the Department of Community Development will be responsible for prompfly recording the approved plat with. the Eagle County Clerk and Recorder. Fees for recording shall be paid by the applicant. The community Development Department will retain one mylar copy of the plat for their records and will record the remaining mylar copy. lf this application requires a separate review by any local, State or Federal agency other than the Town of Vail, the application fee shall be increased by $200.00. Examples of such review, may include, but are not limited to: Colorado Department of Highway Access Permits, Army Corps of Engineers 404, etc. The applicant shall be responsible for paying any publishing fees which are in excess of 50% of the application fee. lf, at the applicant's request, any matter is postponed for hearing, causing the matter to be re-published, then the entire fee for such re- publication shall be paid by the applicant. Applications deemed by the community Development Department to have significant design, land use or other issues which may have a significant impact on the community may require review by consultants other than town staff. Should a determination be made by the town staff that an outside consultant is needed to review any application, the Community Development Department may hire an outside consultant, it shall estimate the amount of money necessary to pay him or G. H. +++*l*******+,lt****++****t***t**+*+++***t+******la**+**+******+*+t********+*++t++t********tt TOWNOFVAIL, COLORADO Statement '}aft*************+************+flt****f**t*****************f*+*********f**f*t**********ta*** Statenent Nunber: R050000345 Anount: 9100.00 04/LO/200609:46 AM Palment Method: Check Init: ,JS Notation: 2908/lfEAR, TRAVERS ATiID PERKINS P.C. Permit No: ADM060005 Tl4)e: AdministratLve ParceL No: 2lOl-072-O5OL-6 Site Addregg: 714 W IJIONSHEAD CR VAIL Location: THE II{ARK IJODGE COIIDOS Total Fees: $100.00This Payment: $100.00 Total AlIr Pmta: $100.00Balance: $0.00 ACCOI,JNT ITEM LIST: Account Code Deacription Pv 00100003112500 Adninigtrative Fee Current Pmta 100.00 Design Review Action Form TOWN OF VAIL Project Name: Marriot Reconstruction DRB Number: DRB0I0002 Project Description: Reconstruct Phase Itr wing back to its pre-fire appearimce with the exception that all exterior wood will be replaced with EIFS wall system. Colors to match existing Participants: OWNER HMC ACQUISITIoN PROPERTIES I01l03/2001 Phone: C/O MARRIOTT INTERNAT IONAL ONE MARRIOTT DR DEPT 938.0]- WASHINGTON DC 20058 License : APPTICANT GWATHMEY PRATT ARCHITECTS 0L/03/2O0I Phone: 476-1147 1000 S Frontage Rd west vail, co UIb) / License: Project Address: 715 W LIONSIIEAD CR VAIL Location: Legal Description: Lot: C&D Block: Subdivision: MoRcUS SUB. Parcel Numben 210107207001 Comments: BOARD/STAFF ACTION Motion By: Bill Pierce Action: APPROVED Second By: Hans Woldrich vote: 3-0-l Date of Approval: 0ll04l2o0l Conditions: Cond: 8 No changes to these plans may be made without the written consent of Town of Vail staff and/or the Design Review Board. Enty: 01104/2001 By: George Action: COND Approved perplans dated 0l/03/01 with the condition that if no color changes are proposed and approved to the Phase III wing, all exterior finishes and applications shall match exactly to those existing on the other Phases of the hotel. Ifa color change is proposed and approved, finishes may differ. Planner: Georse Ruther DRB Fee Paid: $20.00 7 qr*st,cnszQtthe plannrng Sraff 3t 47g-2|j| APPUCAfiON FOR SESIGN R.EVIEW APPROVAL GENERAL ITVFORfITATTON This application is for any project rquiring Desrgn Rryiew approval. Any projgt reguiring deign review mu* receive Design Rei*+ approval prbr to submtting for a buitding peffnf. For specfic iniarmafron, see tne submittal requrrernents for the partcubr apmrral that E requested. The applcabon cannot h acceFed until all the required infannatioa is submifted. The prolst may also ned to be reviewed by the Town Council and/or $e planning and Errvironmental Commbsion. Ilesign Review Board approval expirs one yeir afiler final agproval unles a building p€rmit is issued and construction is Srted. A G. New Construction - 3200 Addition - $50 Minor Aheratior - 320 Construction of a new building. includes any addition where square footage is added to any residential or cornnErcial building. Includes minor cnanges to buildings and site improvunents, such as. reroofing, t)ainting, window additions, landscaping, fences and rerdining watls, etc. 9l]^l PARCEL *. AI O (Coilbct Eagle Co. Assgsors Offi€ at 970-328-86.{0 for parcel #} ZONING: LHMP / E>V. f'tAME 0F OWNER(S):dE CFYP A^J MAIUNG ADORESS: bb n5r owHER( S) SrG i{ATU RE(S): NAME OF AFPUCANT: MAIUNG ADDRESS: |YPE OF REVIEW AND FEE: IJ n K DRB fees are to be pad at the tne of suimrttal, tater. when applying for a buildirrg pnnn( phase identriy the accurate vaiuatron d $e project. Ttre iown oi V'arl wrll adjust the iee affording to the proJect valuation. PLEASE SUBMIT THIS APPUCATIOITI, ALL SU BIT,IITTAL REQUI REMEIIITS AIID ThE FEE"O THE DEPARTilENT OF COFTT{UNTTY DEVELOPMENT, 75 SOUTH FRONTAGE ROAD, VAIL COLOR.ADO 81657. ild Dnos t ooo z 6A o BUILDING MATERIALS: LIST OF PROPOSED MATERTALS TYPE OF MATERIAL:COLOR:* lhAfrctl E(9nu 9C-oR- F'F= €lF3. . MATII+ €(fer-ld4 /nhTc{t Epgnt J t\*Tc,t* ETlgl)d r t\qTcd ErusnNlG It I\FTLtl eqgnrJL lr ll NA NA |t\Ffrctf €^Igr)^JC' v\ffictl €gEnuq * Please specify the manufacturcr's color, number and attach a snrall color chip ** Alt cxtcrior lighting must nteet the Town's t-igUting OrOnancc 18.54.050(J). If exterior lighting is proposcd, plcase indicate the numbcr of fixturcs and locations on a scparatc lighting plan. Identifi cacn-di.truc rype and provide the height abovc grade, lumens output, luninous arca. and attach a cut shcet ofthc lighting fixhucs.. .i,. i" tr.:i: ,.u' Updatcd 6/9? Trash Enclosure.s Grecnhouscs Retaining Walls Exterior Lighting*+ Other lt- NA TOWNOFVAIL, COLORADO gtatement Nr$rber: R000000328 Amount: $20.00 OI/03/?OOLOL:32 Plil Paynent li{ethod: Cash Init : iIAR Stat€m€nt Notation: Permit No: Parcel No: Site Addreae: Locat,ion: ftrie Payment: DR8010002 210107207001 715 W LIONSHEAI) Type: DRB - f,Iinor Alteratiorr CR \TAIIJ Total Feeg: Total AIJJ Pmta: Balance: $20. oo $20. O0 $0. oo $20.00 *+*'ltl*'i'i't*'i'i'i'i{rl**'}***tlt*t****'l*'l'}'}'t*i***'l*'l**l*'lt*t******{'*******tl*'}'}**t+l*tttttaf't*li*lt ACCOIJNT ITEM LIST: Account Code Descri ptJ on Current h.s DR 00100003112200 DESIGiI REVIEW FEES 20 .00 ' atatla'|*l**l*|}****lr't'f ****l***aa**.*{r,t**rtrt****{rr*t*l*i*r}**aaa*al**aat***a+*l*a't*lft*'ti*a' TowNoFvAIL, coLoRADo strtencnt **t'tttftt***tttttttf****itrt*tt+*+ftt+t+**++++'|***tt't**:t:ti'**+t**t+*t*+***+tt'flrt*ttf{t+*i't+**t* gtatcrnent Nturber: R000000328 Amount: 920.00 01,/03/200101:32 Ptl Paym€nt lrlethod: Cash Init: iIAR Notation: Permit No: DR8010002 Type: DRB - l,llnor Alteratlon Parcel l{o: 210107207001 SIts Address: ?15 Il LION8HBAI) CR IIAIL Irocation: Total FeeE: $20. O0 Ttrir Palmrent: $20.00 Totat ALIl Pmts: $20.00 Balance: $0.00***+*tit'l*t*t+tl****'i'3ff**ff++tfa++t*+++*++**l'tr*'|it*+*tf*'l*'t**+'f**ttfttat*+trrla**atl+*ataa ACCOTJNT ITEMLIST: Account Code Descri oti on Current ffis DR OO1OOOO31122OO DESIGN REVIEbI FEES 20. 00 \ a .t -l \ tl, ., 1:30 pm It DESIGN REVIEW BOARD AGENDA Wednesday, January 3, 2001 3:00 P.M. PUBLIC MEETING RESULTS PROJEGT ORIENTAnON, wO LUNCH - community llevetopment Depaftment MEMBERS PRESENT Clark Brittain Bill Pierce Hans Woldrich Andy Blumetti stTE vtstTs MEMBERS ABSENT Melissa Greenauer 2:30 pm 1. Facchini residence - 14/.E Buffehr Creek Road PUBLIC HEARING. TOWN COUNCIL CHAMBERS 1. Bell Tower Building - Final review of addition of balconies. 201 Gore Creek Drive/Lot A, Block 58, Vail Village 1" Filing.Applicant Mr. & Mrs. MacFarlan MOTION: Bill Pierce SECOND: Andy Blumetti VOTE:4-0 APPROVED WITH 2 CONDITIONS: balcony. 2. Steinmetz residence - Final review of an addition and remodel. 1'157 Vail Valley Drive/Lot 12, Block 6, Vail Mllage 7h.Applicant Morter Aker Architects MOTION: Andy Blumetti SECOND: Hans Woldrich APPROVEDr flTH 3 CONDITIONS:. 3:00 pm Brent 1. That the top cap overhang the surface below by 4 inches.2. That the decorative center portion of the juliet balcony be painted either the color of the lower inset band of the existing balcony, or a mural to match the exisiing VOTE:4-0 1. 2. 3. That the applicant submit a more detailed landscape plan for staff rcview, prior to submittal of a building permit application. That a minor be used to meet the sight distance requirements, subject to Public Works approval. That all Public Works condilions are mel, prior to submittal of a building permit application. 3. Maniott Hotel - Final review of minor exterior modifications & hotel reconstruction. George 715 W. Lionshead Circle/Lot 7, Maniott Hotel.Applicant Gwathmey Pratt Schultz Architects MOTION: BillPierce SECOND: Hans Wotdrich VOTE: &0-1 (Andy Btumetti abslained) APPROVEDW|TH 1 CONDITION: 1. Approved per plans dated 01/03/01 with the condition that if no color changes are proposed and approved lo the Phase lll wing, all ederior finishes and applications shall match exactly to those existing on the other Phases of the hotel. lf a color change is proposed and approved, finishes may differ. 4. Facchini residence - conceptual review of a new single family residence. Bill 1448 Buffehr Creek Road/Lot 3, Cliffside.Applicant Carston Roth Architect CONCEPTUAL - NO VOTE Staff Approvals Subway - Color change of sign. Bilt 2161 N. Frontage Road/Lot 1, Vail das Schone 3d Fiting.Applicant John Fitzthum Johnson residence - Landscape plan. 375 Mill Creek Circle/Lot 17, Block 1, VailMllage 1d Fiting. Applicant: Elizabeth Johnson Ranch Country residence - Enclose deck, garage addition & dormer. 1055 Homestake Circle/Lot 4, Block 1, Vail Village Filing 8.Applicant Jorge Rohn Brent Ann Vail Mllage Ski and Snowboard School - New sign. Bill 244Wall StreeUOne Vail Place Condominiums. Applicant: Vail Corp. The applications and information about the proposals are available for public inspeclion during regular ofiice hours in the project planner's office, located at the Town of Vail Community Development Departmeni, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon requesl with 24 hour notification. Please call 47$ 2356,Telephone for the Hearing lmpaired, for informa{ion. o D esign Review Action Form TOWN OF'VAIL Project Name: Marriot Mountain Resort Project Description: New Awning (no signage) Owner, Address and Phone: Selim Wahba,715 W. Lionshead Circle, Vail, CO 81657, 476-4444 ArchitecVContact, Address and Phone: Annie Egan, 328-6825 Project Street Address:715 W. Lionshead Circle Legal Description: Marriot Marlg Morcus Subdivision Parcel Number: Comments: Project#: n/a Buildine Name: Marriot Motion by: Seconded by: Vote: Conditions: Town Planner: Brent Wilson Date: Sll4lgS F:\EVERYONE\DRB\APPROVAL99\\,IARRIOT. WPD Board / Staff Action Action: staffapproved DRB Fee Pre-Paid: $20.00 J TOWN OFVATI, A. B. c. G. n./ L J. K, L. F, Type ofsign (sce back for definitions): Uy' , ! fthYe This application is for any sign that is located within the Town of Vail. Specific requirements are available from the Department of Community Developrnent. Name of Business: Questions? Call the Planning Desk at 479-2128 ,r.f rJ, 1) a "4tt SIGN/AWNING APPLICATION 1.,J, L: D. E. Building name and</ Name of ownet: )ub Mailine address:[r), L,' Signature of owner: Name of person (If different than owner) Address: tr Frecstandingtr Wall signtr Other, speci$: tr Hanging sign {'Awning S'rrsvt-si : Length 6f business fiontage: Height ofsign above grade:t' Nunrbcr of sigrs proposed:_ Number and size of existing sigrs: Locabon of each sigr (attach a site plan and an elevation drawing or a photograph clearly indicating thc proposed location): Describe lighting ofsip (existing or proposed):L8^! 6oi/Jixq /- M. Materials and colors of sigr (attach samples): 'fur-Nt dad v N. Sign message: O. Business license and/or sales tax license verification is REQUIRED prior to planning review: Sales Tax Administrator's signature (Sally Lorton 479-2125): P. FEE: $20.00, PLUS $1.00 PER SQUARE FOOT OF SIGN AREA. t'tAY- 15-99 =26ol9 AHNIE EGAH 97€,3246425 a FA)( TRANSMISSION ,FROM THE DESK OF ANME EGAN 970-328-6825 .ro: -84^t' Ly','/sa,','- / t,i'/DArE: ) / /' $toM: ,..('r*r) No- oF pacns/ -Ti-" L4 w fu**^g faY 7'b;;ff""';ilh/ E*oi- s\ JN@rTil@frfi June 15. 1994 Mr Mike Mollica Assistatrt Director of Planning Town of Vail 75 South Frontage Road Vail, CO 81657 RE: Special District No. 7 (Marriott Mark Resort) Dear Mike: Thank you for your letter of May 25th regarding the Marrion Mark Resorts anrendment request. Your letter was addressed to Mr John Sweeney. I have recently been appointed to assume Mr Sweeney's responsibilities in Vail, and I was in Vail earlier this month. As a part of that Vail visit, I was specifically looking at the Radisson property along with other Vail and Beaver Creek parcels. Please consider our amendment rqpest open and active. It is one in which we are very interested and are qurently pursuing. I will be back in Vail in early July, and would like to meet with you to discuss our next steps. I look forward to meeting with you. Vice President Development Westem Region cc: Brent Ferrin _____ Post Office Box 89O Florida 33802 7700 I I rFrF,rq \1 .' JIJI{ e ii i$g{ TOV . CUIni\I,DEV, flElll, U]{ITED STATES FOSTAT SERVICE Ottlclal Bush.lr lill PENALW FOR PRIVATE usE, 9300 Print your name, address and ZIP Code here ' MrKE I'{oLLrcA ' TOWN OF VAIL COMI'{UNITY DEVELOPMENT DEPT. 75 SOUTH FRONTAGE ROAD vArL, co 91657 . Comgletg itomg 1 tnd/or 2 tor additional 6orvice3.. Compl.te items 3,.nd 4. & b. . Pdnt your n6fie and addrgas on tho rev€r3s ol thi6 fotm so that we csn raturn thig cErd to vou. .. Attach thb form to iha front of th€ mrilpioce. or on the btck if sp8co dogs not o€rmit. ..I . Writ€ "Rsfum RocoiDt Requestod" on thd mEilpiece balow the article number I also wish to feceive th6 following services (for an sxtra fee): 1. D Addressee's Address 2. E Restricted Delivery Consult for fee. 4a. Articlo Number . Tho Return Ssceipt Fee will provids you lhe signatuae of th€ pe6on to and th6 date of 3. Article Addressed to: MR. JOI{N F. SWEENEY WESTERN REGION MARRIOTT OI"INERSHIP RESORTS 5600 SPRING MTN. ROAD, LAS VEGAS, r"lv 89102 5. Signature {Addresses} Type E Registered SUITE C€rtitied ^51 L-J Expres*d{ail 7. D6te of Doliverv Addressee's Addrgss and lee is paid) 4b. E lnsured - coD fl Return Recoipt for 6. 1 99O r u.s.1S91-287{66 DOMESTIC RETURN RECEIPT I ) T IL E COPY TOWNOFVAIL 75 South Fronmge Road Vail, Colorado 81657 303 -479-2 I 3 I / 479-2 I 39 FAX 303-479-2452 May 25, 1994 SENT VIA CERTIFIED MAIL Departme nt of Communiry Developrnent Mr. John F. Sweeney Western Region Mariott Ownership Resorts 5600 Spring Mountain Road, Suite 205 Las Vegas, NV 89102 RE: Special Development District No. 7 (Marriott Mark Resort) Dear Mr. Sweeney: As you may be aware, in 1990 Maniott Mark Resorts requested an amendment to their exlsting Special Development District to increase the size of the property located at 715 West Lionshead Circle in Vail, Colorado. This request was presented by Kaiser Morcus, representing M-K Corporation, and his legal representative Jay Peterson. The Vail Town Council reviewed ihis proposal during September of 1990, with the review of Ordinance No. 22, Series of 1990. At the applicant's request, the Town Council indefinitely tabled the ordinance so that further work could be completed by the development team. No additional inlormation has been submitted to the Town since this review in 1990, and as you are awaret the property is now being operated by Radisson Resorts. In order to "clean up our books", the ToWn would request that a formal letter of withdrawal be written by Marriott Mark Resorts indicating their desire to not pursue.this project any further at this time. lf the Town does not receive such a letter within thirty days, then the Town will consider this matter formally withdrawn. lt you should have any questions or comments regarding the above, please feelfree to contact me at (303) 479'2138' Sincerely, ht h,a Mike Mollica Assistant Director of Planning xc: Jay Peterson Peter Jamar Kristan PriE Tom Moorhead J it I' ./b n'+41 &e--.Fr\.'V. tvur.,dHdt-l October 4, 1991 Ms. Pam Brandmeyer Assistant to the Town Manager Town of Vail 75 South Frontage Road Vail. CO 81657 Dear Ms. Brandmeyer: Marriott's Mark Resort has my permission to use the WeSt Day Lot from October 3-7, Security Manager Vail Associates, Inc. I ,r./ I TO: rRo!!: DATE: RE: Augrust 27, L99O ltarrlott Mark Resort) . fhe Councll has also reviewed the Planning Coununlty to the entire SDD. made by llenr in f please see a original request to aPPtY - loon Council meeting. 5i-p ry-sollF underly ing z on i ng to aDDrove ordlnance 2l was t r.DESCRIPTION OF TIIE REOUEST At the aprll 23, 1990 Planning and Environnental Conml-ssion worf sgAtffifa-posed auend'en-,-s to SDD Nc. 7' ELe F=: iecornnended that- an-underlying zone distrlct be clearly identifted for this Special Developlent District' The ilanninq and Environrnintat Cornnlssion nade this request of irt. ippiicint in order to clarLfy the underlylng zone district. underlying zoning. At the.;flll Council denied the ProPosal to The applicant Ls now propogtng to aPpry {DIl ul!:rlving .- "li"f"i-io-iract 1 itha v-e9t95n port-lon-of the SDD where the rcaifficr st1lcture is locatedl ana public Acconrnodation (PA) i"a"ififng zonlng to Tract ?r tF" renal'nder of the sDD' ti;;'-e6 ray P6terson'e atlached letter stating tbe ratl.onale for the request. 1 I Nd'ont and Envl.ronmental Connleslon Development DePartnent *\'3 3Jifl"i:":il38:1 .'f-.|-iiiff/f,tonshead Thircl Flllng, a eubdivl'sion-recot{:d \ -l .^ aoof 22t aX Page 992 of the Eagle County, Col-o-rado, clerk and Recoiderrs records, part of Lot cr ltorcus sulaivision, a subdivleion recorded ln Book 255 at Page to ;- trre uigte county' colorado, cterk and Recorderrs records and Herc-to apply an underlylng zoPe aisiifct of Hlgh-Denslty uuftipfe Fanlly to all of Lot D and a part oi r.ot c, l{orcus subdivlslon' a "ufralvfsion recorded in Book 255, at Page 7o of thesubdivlslon recorded ln Boolc 255, at Page 7e or Ene ;"gi; -ounty, colorado, Clerk and- Recorderrs records-- io€f,-p""periies know ai 715 tfest Ll.onshead Circ1e (The An underlyl.ng zone dlstrlct le deflned ln section 18.4O.o2o' DefLnltlonB D aB: iunderlylnE zone Dlstrlctx shall mean the zone dLetrict exlstlng on the property, or lnposed on-the-property at the tlae that thb speclil Developnent Dlstrlct ls approved. As stated Ln prevlous Denos, there is eone question as to what the unaeilylng zonlng was when thle Speclal-Developnent Distrlct was approved ln L9?7. (Please see Sectl'on II for background and stafe research on the underlylng zone). A second reason for applylnE BDUF zonl'ng to Tract 1 ls to allow for the tlneshaie uee. The HDI|F zone distrlct is tbe only zone distrl.ct slthln the Town of Vall that allows tinEstrare as a condltlonal use. In Sectl'on 18.40-070 Uses of ttre Speclal Developnent Distrlct lt stateE: DetermLnatlon of per:rnltted, condltlonal and accessory uses shall be nadC by the Plannlng and Environmental ConmLsslon and Town council ae a part of the formal revLew of the proposed developnent plan. Unless further restricted by the revlew of the proposed special Development blstrict, -petnitted, conditional a-nd accessory irses shall be linited to ttrose pemitted, condltional lnd accessory uses in a properties zone distrlct... rr ss:$rrlf"*$s#*'p-ulfu6sErroi-ipprylhg llbuF and Pe zonirlg to Lo ctarlty the underlying zone district forIn sunmary, thethe property lsthe entire SDD,for the 56 unit allow for-the tineEhare use, apeclfically tLneghare ex;lansion on Tract 1, and to also II. provide a gruide for any future proposals that may be subnitted to the Town. 1973 NO. 7 The staff has pl.eced together a seguence of events relating to the t{arriott ttark Reiort property. we must enphaslze that thls lnfotmatlon was taken frorn the connunlty Development DepartDent fllee and ls not conclusl.ve. Below ls a eurnnarar of thl.s reeearch. 'Etre Uark Resort constnrcted 74 hotel rooms and 14 condoninLun apartnenta. ThLs original developnent (east butlding) ls referenced as having HDI{F ionlng ln an Envlronnental Inpact Report prepared by ,lohn Ryan dated ilanuary ' L97? (pg 36). A UirtfainE perntt dated t{ay 31, 1973 also references I|DUF zonlng. L977 L977 L97a 1981 1981 1985 Ordinance 3 of L977 rezones Iote 4 and 7 and aportion of Lots 5 and 6, Block 2 VaiI Lionshead 3rd Flllng frou Publlc Acconnodatlon and HDl{r to speclal Developbent Dietrlct to allow the developnent of the elte xin a nore Lnnovatlve nannern. However, ln revlewlng planner staff zone checke ln the flle, Ibt 4 Le referenced as having HDI.!F, I€t 5 - HD!!F, and Iot ? - Pub1lc Accounodatlon zonlng. I.ots 4 and 5 relate to the western portlon of the tiark property while Ipt 7 appearE to be the origlnal lot for the very fJ.rst lu-tfatng on the eastern portion of ttre slte. A resubdivisl.on of Ipt 4, 5, 6, 7 and 8, Block 1, Llonehead 3rd Fillng was approved by the Planning and Envlronnental Conrnlsslon. Pleaee note that the block references are dlfferent for the SDD ordlnance and for the resubdlvision A bulldlng petnlt was releaeed for the l{ark Resort and Tennls club whlch has been referred to as Phase I (second bulldlng to the west). Ordinance No. 25 of 1981 approved a specific developnent plan for Phase II whlch allowed for the construction of the conventLon center, parking structure, two additional tennis courts and allowed 8 fireplaces ln 8 dwetling units. The bullding pemit for the development approved Ordinance No. 25, connonly called Phase II was releaEed. The request for tirnesharing for Phase II sas denied by the Planning Staff. This reguest proceeded to Planning Connlssion and the applicant tabled LndeflnitelY. Fron thls researchr it appears that the Special Developrnent Distrlct actually had two underlying zone districts. The eastern lbt ? had been Publlc Acconmodatlon ZonlnE. However, this confllcts wlth ilohn Ryanre reference to Lot 7 as belni zoned HDI{F ln hle EfR. Ipts 4 and 5 whleh are to the wegt of Iot 7 appear to have been zoned HDUF. Staff also contacted John Ryan, who prepared the orlginal EIR ln L977, Jfun Iauont who waB on the PlannlnE Staff when the t{arrlott l,tark wes revlewed ln L977 ' Danny Corcoran, surveyor of Eagle Valley Engineerl'ng-and Ton Brlner, Archl.iect for fhe Dtarrlott Resort and Tennls CIub in order to flnd out any addltlonal zonlng infotnatlon. In discusslng the lssue wlth Jin lanont, he stated that all lots Ln the iown before 19?4 had zoning. lle also agreed that the elte probably had elther Publlc Acconnodation or IIDl,lF zonlng origlnally or a coublnatlon thereof. itohn Ryan had no recotlectl.on of the prevlous zonLng. Ttre otherparties contacted were unable to provl'de the staff wlth any definitive underlylng zonlng Lnformation. Suffice Lt to eay, that the western property appears to have been zoned HDUF. In the zoning analysls section of the Dene, staff ha9 cornpared the pioposed SDD to ITDUF and Public Accoinodatl.on zonlng as well Ls the conll'ned HDMF/PA zoning. The naJor dlfferencE ls ttrat Publlc Acconnodatlon zonlng allows-for nore GRFA Per slte area (.8O) while HDMF alloss for a q6O GRFA per sLte area. In respect to parklng, HDMF states that ?5t of ttre Parklng nust be I'n a bul'ldl'ng or screened whlle PA zonlnb states that 75t of the regulred Darkincr shall be locatecl ulthin the nain bulldlng and hidden iron priltlc view. HD}IF a18o allows for the tlneEhare use. ln ali other respects, the two zone distrl'cte have baEically the sane requirements. III.@ The existing and propoaed special Development Districts have been compar6d to the-developnent allowed with underlylng zoning oir Tract 1 of HDUF ana pultlc Accomnodatlon underlying zonlng on Tract 2 on the attached ohart. (Please note ail 6alcutations include the 10 enptoyee houslng units). The existing speclal Developnent Dlstrict and the proposed sDD both exieea the HDMF and PA naximum allowance of 25 units per acre. The existing.soo has 34 units and the proposed SDD would have 47 unlte per acre. In respect to GRFA' IIDMF allous 4L,3L7 sS. {!. for Tract 1. wittr Tiact 2, PA zoning alloss L22'L33 eq. ft. for a total of 163,450 si|. ft. The exl'sttng SDD tras 134'oo0 sg: ft. of GRFA a;d the proposed SDD bag 1961800 Eq. ft. of GRFA. The HDMF/PA zone district allowe 12? dwelllng units for the site. tlite exlstLng sDD has 177 dwelling unLts and the proposed SDD would-have 2{3 dwelllng unlts. The helght uaxlnun for HDI,IF or PA ls 48 feet. The^exlsting SOo fras-a helght of approxinately 85 feet at the hlghest polnt whlle tf,e new SbD ocpanst'on area will not exceed 48 feet. In respect to eite coverage and landscaplng, both theexistlng SDD and the proposed sDD exceed the requlrenentsfor HD!{F/PA. The elte coverage uaxinum ls 55* for HDMF orPA. fhe proposed sDD has 45t slte coverage. lfhe landscaping ulnlnun ls 30t of the slte. lglth the proposed SDD 56t, renains as landscaPlng. In respect to eetbacks, 20 feet ls required on all sldes of the property. The built SDD encroaches into the eetbacks in nany areas. llhe new proposal on the sest slde of theproperty encroaches lnto the 20 foot getback on the sesternproperty ll-ne where the exLstlng parkl-ng structure (setbaek of 5r) ls extended to the south. All parklng regutrenents are Det Per the Town of Vall parklng code vlth the allowance of 5 valet parklng aPacea. Each tfuneshare unl.t has 2 spaces and each enployee unit has 1.5 spaces. IV. IVALUATION OF T'NDERLYING HDI.IF ZONE DISTRTCT FOR SPECTAL DEVEI,oPI.IENT DISTRICT NO. 7 A.Suitabilltv of the proposed zonlnq. The existlng zonlng isthis site. A speciflcldentified in tbe SDD Speclal Developnent District for underlying zone district is not ordinance. @ requestfor@'not be approvEfEETy other portion the apptlcant reErested to anend the oDr t is appropria app y HDUF due to the Tinesharlng wouldof the SDD unless sDD ln the future. B. oblectives. Staff prepared a chart tltled nDevelopnent Analysl'srr in order Lo Lonpare the proposed sDD wlth surroundingpropertles. As lndlcated by tJtie chart, tbere are a nunler of properties developed beyond shat is proposed on the ttarrlott el.te such ae the Antlers' Iandnark, vantage Point, Montaneros, Ll.onsguare IoilEe and ttre ooublttree Hotel. Staff belleves that ttre propoeal ls l-n concert wlttr uany of the pollcl'es outllned Ln the Land Uee Plan. The sLte le ldentlfled ae belng ln the Resort Accounodatl.on and Senrice Categorv defined below: nllhLe area lncludes activl.tlee airned at accounodatlng the overnlght and ehort term viELtorto the area. Prlnary usee Lnclude hotels, lodges, sernrice atatlons, and parklng structures (with densitlee up to 25 dwelling unlts or 50 acconnodatlon unlta per bulldable acre). These areaB are orlented toward vehicular accesa fron I- 70, wlth other aupport counercl,al and bueineEE serrricee lncluded. Also allowed ln thls category, would be Lnstltutlonal uses and varlous nunLcl'pal useg. n (Please see Speclal Developnent Dletrict Meno concernlng this proJect and lte relation to the Iand Use Plan and eurroundlnE nelghborhood). In the Land Use Plan analysis, a developnent scenarl'o was selected baeed on narket denands and the desires of the cltizenry. 'The Plan states (page 30) 3 nTtre publlc lnput had shown a general Eatisfaction sith Lhe location of exisl'ing land usea, whLch was used ae the foundation(G)'he preferred deve I opnent a I ternat ive--F The uost funportant goals culled fron ttre public neetings wele used to forrnulate the Trends Alternative. These key goals are as follows: A. ggmmercial Uses 2l ConnercLal growth should be concentratedprinarlly ln exlEtlng comnercial areas Lo accornrnodate both local and vlsitor needs.3) New hotels ehould continue to be locatedprinarily ln the Village and Llonshead areas. C. Vlllaqe/LLonshead core Areas 1) Increased denslty for comerclal, reEldentLal and lodglng uses in the Core areaB would be acceptable so long as the existlng character of each area I's beLng preserrred. llhis proposal supports the land Use Plan nkey goalsrr in that i:he-expanslon occura I'n an already developed area of Llonshead, the uses proPosed supBort the desl're for tlueshare, aid the deslgn of the proposal le reepectful of surroundlng properties and the character of the west Llonshead Circle area. c. DrolecintE The staff believesDlstrlct expanslon developnent of theprolect enhances n that the Special does provide forconmunity. l{eof the Developnentthe orderlyt the in respect toall relate to thetIsor this dlscussed detail ln the sDD reuotraffic, densl-ty, design etc. whichiorderly developnent. tr rv.@ The staff reconnends approval of the application of the Hlgh Density t{ulti Fanily zone distrlct to Tract I and Public Acconmodation to Tract 2 as underlylng zone dlstrlcts to the SpecLtil Developnent Dlstrlct No. 7. We believe the request neets all of the three crlterla for a zonl.ng revlew. It is g \ our oplnlon from staff research that the underlylng zonlng llon Tract l. appears to have been HDMF and Tract 2.appears to llfrave been zoned PA and possibly HDMF. By approving the I lrequest, the underlying zoning is clarified for the existing- | soo and any possible future sDD anendlnents. 7 'F d..'+.t '' c,o E CLoo o!,oE;E5gE.g cLii -9s9]oro&r.= ct(r, =O+,5Fo= =ctE= an EDEEEEctxo- uJ :<ri HT FF x 3 Jev K. hT nnson /mBlcvlTtat AU|IE ICr' VAIL NAIIONAL IANX IUILDI'{E loa aoulll FROi{TAOI RoAO WEtt 1,i., vltl. ooL(n/Do !t6? UEI.TORANDI'M KRISTAN PRTTZ, TOWN OF VATL, PLN{NING DEPART!{ENT JAY X. PETERSON AUGUST 24, 1990 REZONING OF ITIE UARRTOSI UARK TIOTEI, TELEPHOT{E t!O3r a?a€O92 FAX LINE rlolr aTt-O467JAY t( PEleiSor{ TO: FROU: DATE: RE: Dear Kristan: The following is a qulclc synopsis of why ue are currently asking for a rezoning of SDD#7 to Rrblic Acconmodation, and Hlgh Density Multi-Fanlly. During the course of working with the Town staff and the Planning Conmission it became evident that the underlying zone district for SDD#7 waE somewhat confused due to past docunentation of SDD#7.Fairly late in the process and during presentation to the Planning Conmission it was suggested by the Planning Comnission that in orderto clear up any past confusion regarding underlying zoning and in order to have a base llne fron which to conpare the proposed changes in the Special Developnent District we should reguest a rezoning of the property to an underlylng zone district. We therefore coutplied with that request. we then subnitted an appllcation to zone the property rrHDMFn as that would allow the use for time-sharing. bUviously the standards set forth in the original sDD ordinance, as anended fron tiure to time, would control the entire proJect. After being passed on first reading by the Town of Council , the Town Council decided not to rezone the property and turned down the ordlnance on second reading. The reasons were somewhat confusing, however, based upon revlev of the video tapes of the neetings, it would appear that ttre naJor concern vas that tirne-sharlng coul-d then be uEed in the existing hotel . t{e therefore revl.sed our reguest for rezoning to place a portlon of tlre property upon which the existlng hotel is situated Ln the Publlc Acconnodation zone whlch uould not allow tine-sharing and which best conforms the exlstlng uees and density on the site. At ttre same tine the portton upon uhich ttre tl.ue-sharLng proJect sould be situated would be placed lnto the Hlgh Denslty uulti-fanily zone whl-ch sould allow the tlne-Ehare uae and which would also best confor:m to the uses and denslty whlch we Propose. l{emorandum Augrust 24, 1990 Page 2 I{hlle there le no legal requlrenents for the rezonlng of the property we felt Lt was lnportant to address the concerns of the Town Staff andthe PlannLnE Connisgion to not only clarify past zonl.ng on theproperty, but also to have an underlyLng zone distrlct for conparl,son purposea only. During the past Town Councll ueetlngs the rezoning Lssue was cornpletely blown out of shape by Jln Lamont, glven the factthat the Speclal Developnent Distrlct Ordlnance controls all facets ofthe proJect and the underlyinE zonlng foms no basLe for control except as stated in the Speclal Developnent Distrlct ordLnance. If you have any questl.ons please contact ne at ny office. ? 'rl ;I.,II NUTES VAIL TotlN CoUNCIL I'IEETING JULY 17, 1990 7:30 P.l,l. A regular meetlng of the Vai'l Town 7:30 p.m., ln the Councll Chanbers IIIEMBERS PRESENT: ].|EI'IBERS ABSENT: TO}r|N OFFICIALS PRESENT: Councll was held on Tuesday, July 17' 1990' at of the Vail MuniciPa'l Bui'lding. Kent Rose, Mayor Tom SteJnberg, lilaYor Pro-Tem Lynn Fritzlen Jlm Gibson l'lerv Lapi n Robert LeVine Peggy 0sterfoss l'lone Ron Phi'lliPs, Town llanager Larry Eskwith, Town AttorneY Pam BrandmeYer, Town Clerk The flrst ltem was a ten year employment annlversary award to Llnda 8arca. Ron i'difiipi-give Ui;i"t-Uiiig'rouna lirfoimatlon on Llnda-who ls a Bus Drlver wlth the brU'ifc'io.fs/Transportation Department. Sklp Gordon made some additlona'l coments, ana miyor ioie ttrairfed Llnda fbr her hard work and her years of senvlce' The next order of buslness was Cltlzen Partlclpatlon. There belng none, Council moved on to the thlrd item of business. Item three on the agenda was a Consent Agenda. Based on Councll request,-ttlayor-Rose iiaieU al't ltems "oria-[. frind]ed separalely. Item A was..Ordinance llo. 20, Serles oi-iigO, second reaaing,-an orAtnancir amending 0rdinance Io. l0' Serles-of 1990' ii..iii'oeviioprent oiiiriit No. !, Sectlon 16.46.100 c,-Densltv Floor Area, Area c ci;;'ifi-irpiii rot.'ii priuiai tir-gross resldential f'loor area to be calculated iii'gti-i.quirer.ni-ot-ir,E pririrv/seionairy zone district.Sectlon 18.13.080 Densltv Eintroi; aia setting-toritr ietiiri in resar'd thereto -(Pp]lcant: 751 of G'len Lvon irUAtuiiion properti ;il"i:--rfre titte-was read tn frili by Mayor Rose. Kr'lstan iliil i;6 5fritj! ueilo madE'a brlef presentatlon. Jim Gibson stated concerns iliiiaiiii lliiiiio"ii'en'il-t.qulit-, ltit' ltreity responding that thls chanee was ln iiiii-i.irorrriv *iir,-;;;r;;i-;;;iig ana ioi size. 'Shel1y-mello stated there had 6iJn no-tpicitii "ei]on-tot ir,.4,260 square foot restriction on GRFA ln regards to n.s;ti.ti6n lssue, ini titit if,. qeviionit hid voluntarilv rsreed to thls^provlslon in order to ensure itii qrittty of the iubdivtslon. Tom Steinberg moved to approve this ordtnance on ""iind-""iaing, *ittt a second coming from l'lerv Lapln' A vote was taken and the motlon Passed unanlmously 7-0. ttem B under the Consent Agenda was 0rdlnance No. 23,. Serles of 1990, second -ijilrngl in otarn"nil-1,i"-riiiiig-sliiron..rs.ie.oco ot ihe t4unlclpal code to Include as i-"onaiirinal use "iirl"i=iii'siaiions" In the Cormerclal -Core II zone dlstrlct inipiiii"il-'viiilaiivli'C"ilir-iiieutiton rletwork). fh" full tttle was rcrd bv ili[;'i;;;: uilill|iiiia-siiieu there..had been one change onlv. and that was to osectton I. Deftntti;;'; Ti-i;itions." Btll Perktns, r-presentlng thc appllcant, strtsd he dtd f,.u. i-qulrtiin-in-rigitA to the tenn "iateillte dlsh,r and.further questlons on the two foot dianeter iequlrimint and exenptlons' Furthcr dlscusslon prompted delettng tfre'nerUiige-i9r sltetiiie d'lshes froin ttre end of Sectlon I' Fiii!'ort.rioit irio'";;;;;ffi .i."iriciiion Jt tt'e productlon studlo rnd what vlews woutd be avatlable;.';t;-;fiiri.- siii-ierllns statid the publlc would be.able to vlew lnstde the production equlpment wttir-ieiiing provideA ilttrtn the stud'lo'. and anoth4 studto tor iliini"t;i;;ii'ila wouia-Ue on-the walkway lmredlatelv-to the cxterlor of that :tuiio'lpiii. noU f-eVine toviU io piss 0rilnance l{o' 23 on second rcadlng, wtth r ..cini-.ofiing t"ot-fot iiitnlitg. I Ygte was taken and the notlon iiiiil'inlnirnousii-i-0.--l,tiL; Cacloppo ipoi! igiin:t tlt: aporoval of thls ordlnance lndlca6ng that he had a serlous problei'tiitt-itti itcat,ion'bf televtslon studlos on the flrst f'loor tevli, ir-iftii-ihis hrs previou-1V been.reserved for rcstaurant or retall space and shou'ld be the contlnued'u;;'i;-6*arclal Core I and II' and that tf the councl *.."-io-.pprilie itri. otiiniil.,"ri-wJuta 'lsmack of specirl prlvllese rnd electlon PaYoffs." / l. Item C under the Consent Agenda was 0rdinance l-'10.. 25, Serles of-1990'-second illif.sl'i. orAinince-ireniing SDD No._23, Vall_Natlonal Bank,-Part.of Lot-D.,. B'lock il-viii'vilase 2nd Frii"t, 16g south .Frontage_Road ltest (.Appllcant: - Y:tl ilatlona'l il"r-irriiirs"Cotplt. mii6r Rose read the tit'le of the ordlnance ln full. liltke llliiili'i.i{iaiea'nrti,.roui ctranges to the "}lhereas" sectlon at the beginnlng of the ;;ii;;;";"h.a-Oiin tnctuaea basEd on a request-by |gry l+pt!. These chanses were to ;il;i;s;'irti-iingliiir-inC-unlque sltuaiion tn-whlch thL Bank ftnds ltself . Jtm ci;;;;'ile-qreitioni-in.rigara t., future use of thts parking faclllty and the. ;i;;;:r;:;.r'lilJr-ii.r'Je.-'ip.ciitciiiv, he asked whether the reverter clause had been llfted, .t"trng-iii-""ul"i"r iiauii was of some lssue because lf ln the future il;"r;ii;;i'tiiiitti were not located on thls slte or tf the structure werejlitiivii-ini-not i6 6. r".duirt,-van-ljsoctitis could once. again obtaln exc'lusive use of thts portton'oi-tina-*hiih would-I[;-GaG any parkiig arrangement the Vai'l 1iiri."i ri.nl euttarig rria-riir, the Medtiii cenler. Llriy Llch1lter wlth va'll . il;;i;i";-l}nJ*tiaiEa"ite"riv.rle. iiauie iltuatlon and-stated the c'lruse had not been llfted. Xowevei,-tfre-siiuation w.s-one-with whtch-they had dealt'. Fo1lowing dlscussion, noU f-eVinl movea io*ipprove-Orlin;il; il|. 25, w-tth a second comlng from i;;i-i;;;;' iii-t[ii p.tii, Jay pelirson iileJ to tab'le thls ordlnance ln order to clarlfy the revertet'iilJie-qieiiion. noU'-leVine wlthdrew hls motlon, and Xent Rose l f ;.:tnli:,,, iF F,i:*f in;ii;i'#:*;i, l:il:'l' ;,t:'J,::'' ::*:: :W'!:,.tifl "' i"liio'B:i, with Tot Stelnberg-and l'lerv Lapln opposlns' '<^t Ili,lllilnollii,ilrlilliliir:ii,?il'l:ffi",lh'ili 3?"lii':1.ili3*Jli:illlfi%; i;;;i;i-De;iioiment blstrlct tlor zt cornonlv referred.to-as Resort; arrd setttns Tiiii''altiiit-in-t"siiiti.".to (714 llest Llonshead CirclelZ Lots 4, 7, C, D, Block 2, Val1-Llonsh..i-itg-Fiii;it . (App.licant: M'K Corporation' Mark Lodge Condomtnlums,-and Mark Resori d'i"nnit iiubj."Mavor Rose read the full ttt'te. Kristan Prltz presented a brief-hisiiiV t.i.line to ihe appllcatlon of HDMF zonins to the specrai 6;;;iffi;.t oriirriil--siciusi this ltem had been presented ln Its enttrety at the June 19 evenlng-meeiiil, [;iaiin focused on changes that had occurred slnce that meeting. The GRFA'hal'6e"n reduced to-58,800 square feet, whlch was a reflection of ie-iitlir,"iing-unitt-it approximatelv 1'050-t!Y!'3^l:t!-?:: untt. Ned Gwathnev,-irir,i'[.][ ioi tt.;tii.i!' -ln13in9!,that a computer analvsis presented a refinemlnt ii itri pfln-lld [aa"iit6."a the original flgures and reduced the total GRFA by "iiirii.it"t! A,COO squa.e feet. .Krlstan expl.ained the consideration ot lo['n'i-rre oruri"nie Ho.-ii,-as prevlously-stated. as well as 0rdinance No. 22, relatlng to amend'lng'ti"'SOO fro. Z to i1low tlireshare' could be discussed ln the same arena, but she-as[lJ tpl.iii.all{ that tndivldua] votes be taken on each of tridle-itOinaniis. frot-res[irch stafi-had put tosether' lt appeared the SDD actua'1y had two una.ii'Viii-ion. Uiitticts.' The iastern Lot 7 had oub'lic accommodatton zonlng. However, iiii"til'in-.onfttct with John Ryan' who had brepared the ortgtnaf-iin in fbZi ana'reilt.ii.lU.lot 7 as belns zoned HDMF ln hls EIR. Lots 4 rnd 5, whlch are to the *.ii-i,i iot 7, appeared to have been zoned HDyF. Staff recornir.iaiiion ior-uslng if,i [Ot'tF-ioni aiitrtct as an under'lvlng zone dlstrlct to the SDD No. 7 was then pt...nt.l.- irtstan noted several areas regarding HDMF zontns ttrat mioe-ihis ioning "i,p"ii"iiii"qfiii;-11-aoolicable to the ltlarrlott stte. tlerv Lapln iiln-iii".i tnf tliut aubirt ttre approprlileness of the HDMF underlytns zontns ilii "ii'irttei lots .i i[I-rl.tiio[[-siie. A dlscusslon cnsued and It was pointed out by the I9!n AttorneJ;i;;t;i';'underlvinE zonlns would affect the uses spectftcally f;i;il; iOO anO ttrat"tie-dounifi itouid ionstdei thc crlterla from the Vall Land Use pian and whether this wis-i-iurtherance of that Land Use Plan' At thts potnt, peter iamir, Jay Peterson,-Xiilei i'l;;;ta' Ned Gwathmev' Jeff Jrcquard' and John Sweeney *ii'J'iitii"ar;il;'aii'"!-riptesentatives.of the t'larrlott l'lark appltcrtton. petei'i.ii"'i-siilq"9-d1d;;;ii;ni-iiit uv members of the councll at the June 19 nreetrng ;il'i"lillili-ir,ii ioii-rivtstons, cottrnltments, and crarrfrcailons were being proposed rn'"'iilo'iii'n iti'appilcant dated iruly l0' 1990. ' 1' fl:^or.urors GRFA total proposed was 71'200 square feet' excludlng 4'000 for the ren employie unlts. lrter tuiiittli;lil'flA-in'iivsts of-the floor Plan' the aspllcent proposed-to reduce the total-io eZ,gO6 square fiet' Both flgures lnclude ;[;'i;ooo iqrlr" feet for enPlovee units' 2.Archltecturalfeaturesofexlstlnghotelexterlorpeter sald tt had been suggesiii"if,ii in rddition to thelr prevlous cormttment to rep"ini-tii!-"iiliro;';i-;h; Iiiitiiis. hotel' .ltrey woul!-1!1!1 | alterattons of the balconies tn order. ii-riiiiii"ir,li-6uiiainsis-appeerance' Feellng thts was rn exc"tieii'iriilftiln-on-tti Couicll's part, the aopllcant was tnvcstigrttns vantous design solutloni=a;;"1;;il il'ii.i,iOt-i'ncvr brlconv deslgn ln the proJect. -2- I I the tlmeshare nature of the €xpanslon, menorandum addressing speclflc questlonsthe and 3. Tlme sharing Due to several questlons regarding appllcant had prepared an lnformatlonal thls was lncluded ln the Councll packet. 4. Left turn lane As a point of clarlf{:atlon, the appllcant fully understood that lf for some rerson thi overall fund'lng straiegy for Frontage Road lmprovements'ls not estab'llshed prlor to lssuance of tne appllcant's certificate of occupancyr-t!9 app'llcant may be responsible for 100% bi tle cost of the left tunn lane off the Fi-bntage Road to llest Llonshead Clrc'le wlth a rlght of relmbursement for costs exceeding their falr share at some future date s[ou'ld an overa'l I funding mechanlsm be put Into place. Kalser lrlorcus stated that a $4.5 mil'llon upgrade had been planned for the l4arrlott faclllty, and thls would Inciude a total ri:furblshment of the lnterior es we1l as the extlilor. As far as malntenance of the new buildlng, Kalser explalned there was i'reilrv" fund that had been establlshed whlch represenlid ten percent of-the total operatlng fund to upgrade and malntaln the new fact'l1ty. -At thls polnt, Jay. iiierson-r"minded Cbincil that the appllcant was estab'llshlng under'lylng zon{.ng and not changlng lt; that the orlglnal zbirlng had been placed back ln 1973. 9!ndy Jacobson-prisenied comnents nigatlve to ihe grantlng to the approval pt tftJ: oratnanc". Jlm Lamont also sp6ke about the 5OO speital laws and whether thls was Ueing hanaled !n a proceduraliy correct manner, he noted that wlth the two zon'lng aisirtits lnvolved in thts pro-perty rnd the moit restrlctlve use should app'ly. He stated hls concern about frictionailzatlon of accormodatlon unlts and protectlng the bed base and convention business for the Llonshead !rea' as we'll as the Town of Vai'1. Kaiser Morcus relierated hls deslre to cater to conventlon business. Erlc niiiiat ipoke ln regand to clarlflcatlon of the underlylng !9nl!9.belng HDMF' and ""si"iea-itte actua'l-locatlons of the parcels In guestlbn. J{m G{bson expressed his coniern with 0rdinance No. 22, the oriinance allowlng,tlmeshare development-at the f,tirriolt, ina siat"a int report recelved from the appllcant seemed very subJectlve. xi tett ihat nrainten.nl" oi'irivately owned properties was certainly more.deslrable ihan the tlmeshare icenarlo.' l.terv Lipln ttreir mide a motlon to approve.Ordlnance No. ii, Uii"a on his sctuiinv of tti surrbundlng_nelghborhogq-tnd notlng that the-Vatl ipi airos" the streei cuirent]y.ls zoned lgmf,.Antlers ccfl,,a1d the Enzian CCII. Tbm Stelnberg seconded thls motlon. Tom Steinberg then-wlthdrew hls secono iipf.iriis-iri u"iieu.a ine-eaitern lot, i.e.,.the-actual l,larrlott physlcal faclll.tv' ;;5;;;;;"in prUfic iciomnoOatlon, ani when'he understood this was not so, wJthdrew hls second of itrat motlon. Kent R6se then seconded Merv Lapln's motlon.to.approve ordlnance No. 21. Rob LeVine stated that even lf the Council approved Dot!-^., 0rdlnance Nos. 21 "na-ZZ-on ihis eventng, tt tlte appllcant wanted to do sonethlng. ouisiae the curreni iOOl [I woria r,ive [6 cote ln ibaln for. a maJor-.f*i:"!_to the aDo: l'lerv Lipln called-the motlon. A vote was taken and the motlon falled z-5' ,iift noU LeVlire .ni'ilnt-n0..-voiing ior approval of Ordinance l{0. 21, and the' remainlng flve nembers of Councll votlng aga'lnst. Based on thls vote, Jay Peterson nequested Ordinance-No. ??, Serles 9f lllg'bP tab'led to the nett'".gi'l"r-m"iifng df itre Vail Town Councll, August 7,.1990'-^Peggy osterfoss moved to i;ti;-br;i;;;;; N;.-ii ti the Ausust 7 mietlng,_!:!!..1,:tg:i'd iotiiiii-iroil noU r-evini. A vote was takln and the motlon passed unanlmously 7--0' Ertc Affeldt then iiiirirt.a'i-aviiop.ii of the vote, wlth.reasons from erch of the Councilmembers to lipiii"-itritr-votes. -Rob LeVlne-stated ln order to protcct the Town of Vai't zontnil'ifi"""niir; il;aai, 1.e., all lots,.HDl'lF seemed to nake the nost rense and was a cleaner SDD. There wai i priciss alreidy.set up for further revlew rnd change and he ilii'grii'u,i'liwn nia-elpiicrt proteciion. Lvnn Frltzlen.felt lt was tmportant to eiiaUfilrr-unlitiiing ionini, but ielt !lt.! lnv incrcrsc In.bulk end rnass should not te-iAiriil.a on isfiguiir fiisis. Tom-stelnbeig felt.that havlng . spllt zonlng on the property-nag tnappioprt;il: Kent Rose felt-much thc sane es Rob Levtne, stating grit'ifi[-iroilr iireaa!'i,iiitea-on ihls parcel, and he fclt that HDttlF for the western garcel was nore appropriiii-ina so stroirtd be-acknow'ledged as the overall zonlns. r.rliu'riiin"iiit.a-t[ii'[i-ril-.gilnst.ttmeshre, although he^dld fcel that XOmr was-ihe-aipi:opriate zonini-tit-tfilJ'pirttcutar pricel. He gtated he was rsalnst trnesrraiiig-[[il;;-;i tttl iirlri,ri.torlctosure notices he recs for ttmeshare owners r" ilife-Corniv. p.ggi-iiiietioii iiat"a she voted asalnst thls ordtnance becausc },"-i6j.iiia io crraniing-iiniiiv tndependent of the-approval of the ordtnance "reniiig-ifi;-aDD. - ,lim eitt6n-itatei he wis asalnst the ordlnance becruse of the un.i.liii'qriiiiV of timestrare proJects, and-that H1]MF would rllow the tlmeshare use. Thc tftne belng 10:30 p.m.,lilayor Rose crllcd for a flve minute break. -3- 'l-.' I !The next ltem of buslness was Ordlnance No. 19, Serles of 1990, flrst ieadlng' an ii:ariiiiiie modtfytns Sectlon 18.13.080(A) of th6 ilunlclpal Code-of the TOV resardlns aensity control-for the prlmary/secondaiy zone dlstrlct (Applicant: Town of. ,v;iij.'uivor nose read ihe tuii tttte oi the ordlnance. -Ahiy Knudtsen stated thls ameniing oidinance was to correct a typographlcal error. l,llke Cacloppo asked oueiitons ln regard to the affect ttrti'oiOtirance would have on hls personal property ind was satisflid wlth the lnput from staff. Ton Stelnberg nade a motlon to approve OrJtnance No. 19 on flrst reailng. Lynn Frltzlen seconded-that motlon. A vote was taken and the motlon passed unanlmously 7-0. l,lext was Ordlnance No. 24, Serles of 1990, flrst reading' an ordlnance mak'lng luppt!nental appropriatlons from the Town'of Val'l genera] fund, capltal proJects ;ilfi:-'C;ffintiiis ?or Drug-Free Eagle villey fund,-speclal parking-assessment fund' viii'"ii6i{ng iuno and tFe real eitate'traisfer iax'fund, 6t tne-tggo budget.and if,i-tinrtiiiai'plan for the Town of Vall, Colorado; and auihorlzlng the expendltures oi-siia ippropi.latlons as set forth her6in. llayoi Rose read the full tltle. llerv iapin iugilstid tre ordlnarily was not ln frvor of supplemental approprlrtlon iiliii""iii,-bua in this case-, the ma5orlty of ltems ilre ro'llovers from 1989 and passage was approPrlate. Jtrir Glbson-movei to approve Ordlnance No. 24, wlth a Seioni comtng'iroin Tom Stelnberg. A vote was tiken and the motlon passed unanlmously 7-0. The next ltem of buslness was 0rdlnance I'lo. 28, Serles of 1990, flrst readlng' an ordlnance rmendlng the plan document of the Town of Vall employees' penslon plan; inJ settlns forth-detalis ln regard thereto. The full tltle was read by-ftlayor iii".l--Ctaitie iici-stated that-the next three ltems, 0rdlnance l{o. 28' 0rdinance iio.-ig,-ina OrOinance No. 30 were nearly ldentlcal documents, that state.law i;iiultit-J.pi.ate doiuments for pollce ind flre as opposed to Town of Val'l eriioyiis; i-nston plan, and they must be revlewed lndependent'ly-of each. lilerv iipjn-movea'to appr|vi Ordinance-tio. 28 on flrst readlng. - Lynn Fritzlen seconded ttrit motton. n vbte was taken and the motion passed unanimously 7-0. Ordlnance l,lo. 29, Seples of 1990, flrst readlng' an ordinance amendlng the Town's ioif"" and Flre ienslon p'lan document subJect to approval by.sixty-flve percent ioS*i-oi ir,i rowh.s-poiile ina Flremen; aid setting forth-details ln r99ard thereto' was next on the agenai. ltayor Rose reid the title-ln full. Charlle lJick stated lf,it-in-eiiction fraO-U..n--f,iia on-iuti 2 and 3, 1990 at the Vall t'luniclpal Bulldlng iot-ttt! iown of Vaii and the results iere as f6llows. The Town of Vatl has 15 sworn iiie-p."=onnei with fi votes cast for amendment slx; one vote.agalns!-T:ll1ell tl*; ina-ohe i{re personnei noi vot'lng; therefore, g3-peicent voted for amendment slx' in-rigara to itre poiice'iiecitoni'ttre rown of Vati has 27 sworn pollce personne'l; 22 viitii-iait-were tir'arenarini iii; none-votia agatnst amendment slx; and five po'llce ;;;;;#i-did not uotl; iii.i;itore, sz peiiini oi ttre sworn pollce personnel voted ioi.-atina*"ni itx. In'order to piss, 65 percent sworn personnel must vote on an iilu".- ft"tv taptn moved io apprbve Qrdinince No. 29 on'first reading,, and Lynn Frltzlen seconded that notlon. A vote-wii tatin rnd the motlon passed unanlmously 7-0. Itern ten on the agenda was Ordlnance t{o. 30, Serles-of 1990, flrst readln9, al i"Oininle-imendlni the trust agreement-iursuant to.the Town-of Vall-enrployees' pl"ii"i-prin; ina-"lliiii-iJrif, aeiiiis'in regara thereto. The full tltle was read 5i"niiij"-noli.- ir'ii-ii'eiaiiii aiioied-vlaRD t6 have a votine T!4:'-11-!he-Boerd of iiujiiis for the Town of Uail Employees' Penslon Plan. l4erv Lapln noved to.tPprove thls ordlnance, "na"[Vnn iliizi-i sicondca the motlon. A vote was trken rnd the notlon passed unanlnouslY 7-0. ttem clcven was an appeal of a Plannlng and Envlronmental Comlsslon declslon ;;;;"di;;1rre-irCis-iiniat ot g requesl for a heleht-varlance for an addltlon to ioio*iniur uniI e]0,-i-it p,'Biock-5D,'vril vlllrie^tst-Flllns -.(lLl-Fl3t ileadow Drtvc - crossrords cinairir'ni,.ii- tippticinti sti Schultz foi tt. Hllllrm sntth).-. lrttke l,lol'llca requested that Counc!l ,pf,iiO oi overturn the declslon of the PEC. The pEC at thetr June t!;-tiig; putiic treii:ing had unanlmously denled the requested iiighi virirnce, t[ii voie'Uiing 6-0.. tl-iv Laptl.stated.that he owned 50 pcrcent tnterest tn unit c:r-oi-croiiroiai, wtrtf[ itiqlatlfled.hlm from votlns on.thls tssue, so he stepp.O Oonn.irom ifri'frii;ilc:'ifi iteinUetg dlvulged !he! it: had a 3 ;;;;ti"tereii'in-aiorti"g" in a untt ii Crossroads, but dld not feel that was e ;iil#id;i-ioniriltl io rre optcc to voic-on-ttri ttem.'Jav Petcrson statcd he wrs an attorney reprcsentlng the appllc.ntl-inl"sic-situitz *ai the archltcct on beha'lf of the appllcant. Some-dlscusiion ensiel in-i.gitO to-whether other condonlnlunt owners had been nogfled of thts r.qu"li-toi i[l-us.-ot ihetr co'llectlve GRFA' end lterle Sechnoft, wtri'ii-s"lr.iity oi-if,i-.iio.iiifon, stated letters hrd bcen scnt out to 22 condomtnlrnn owners wtth 20 ;;d;;;i;;-i[ei were ln favor of thls add'ltlon -4- .t'. .t I a and tilo votlng agalnst. Rod Sllfer spoke on beha'lf of the appllcant, stagng'tt waslmpgrtrnt to encourage upgradlng of older facllitles wlthln ihe Town-of Valli LynnFrltzlen volced her dlscontent wlth the pnocedures statlng that she rvould prefer layllg a pollcy statement rather than treailng thls as a iingular ltem. mitet4ollica stated no addltlonal parklng requlremEnt wou'ld be neiessary slnce the totl'lsquare feet of the-unlt, Includlng the iddltlon, would now come to-1,695 squarefeet. Peggy 0sterfoss noted that thls was not ilke other in-ftll In-the Village,andwasmoreanextenslonofLnex|stingarchitecturr.|e1ernent.Peggy0sterfois moved to uphold the Plannlng Conrnisslonts decislon for denlal of thil-.request, witha second comlle fron Kent Rose. Her flndlngs lncluded that thJs would be a giant ofspeclal prlvl]ege because the build'lng ltseif ls not a physlcal hardshlp. A-vote was taken and the motlon passed unanlmously 6-0. At.this po!n!' Susle Bruce, who was not represented by counsel , requested an audlence wlth the Town Council to dlscuss the lease for space iurrently held by the Town of Vail in the Village lnn proJect. Her questions rillated to the-term of-thelease as well as the CPt or adJu3tment over tlnie. Steve Barwlckrs reconmendatlon was to conpromlse, wlth the narket value adJustment after flve years. He suggestedthat an gPPralser should evaluate the propeity. Thls would guaiantee after i-flveyear perlod of tlme, the Town of Vall would bi gettlng lts equltable leasehold spaceamount. The Councll unanlmously egreed and gav- dlreitlon to staff to proceed withslgnlng of the lease wlth lrls. 8ruce. There belng no further buslness, the meetlng was adJourned rt 1l:45 p.m. Respectful ly submltted, ATTEST; Itiinutes taken by Pam Erandmeyer ,1,tltJ Pamela A. BrandmeyeF, Town'TTEiR -5- (a.nn - dh {qA1icl, urarlil liIL+D ioa.+^ }r f"t"t .\Y" -ilchq- alnA ot? u Itil\1,m*:XWfffi $^!hv V,n1.' LtU, &Je,'^\ol i'{"\ x-for-tt{'ecn"\' 1or*" &AtI r^b\DD% TO: Planning and Environrnental Cornmission FROM: Cornmunity Development Departrnent DATE: June l-1, L990 RE: A request to apply the underlying zone district of High Density Multi-Fanily to Special Development DistrictNo. 7 (Marriott Mark Resort) 714 West Lionshead Circle,Lots 4, 7, C, D, Block 1, Vail-Lionshead 3rd Filing.Applicant: IllK Corporation, Mark Lodge Condominiuros, and the Mark Resort and Tennis Club. I. DESCRIPTTON OF THE REOUEST At the April 23, Lggo Planning and Environmental work session on proposed amendnents to SDD No. 7, the PEC recommended that an underlying zone district be clearlyidentified for this Special Developrnent District. The Planning and Environmental Comnission made this reguest ofthe applicant in order to clarify the underlying zonedistrict. An underlying zone district is defined in Section 18.40.O2O, Definitions D as: rrUnderlying Zone Districtrt shall mean the zone districtexisting on the property, or imposed on the property atthe tirne that the Special Development District is approved. As stated in previous memos, there is some guestion as to what the underlying zoning was when this Special Developrnent District was approved in L977. (Please see Section II for background on underlying zone district staff research.) A second reason for applying HDI.IF zoning to the entire Special Development District is to allow for the timeshare use. The HDMF zone district is the only zone district within the Town of Vail that atlows timeshare as a conditional use. In Section 18.40.070 Uses of the Special Development District it states: Deternination of perrnitted, conditional and accessory uses shall be nade by the Planning and Environnental commission and Town council as a part of the fornalreview of the proposed development p1an. Unlessfurther restricted by the review of the proposed Special Developrnent District, perrnitted, conditional and accessory uses shall be lirnited to those permitted, conditional and accessory uses in a properties underlving zone district... In sunnary, the purpose of apptying HD!,IF zoning to the property is to clarify the underlying zone district for theentire SDD, allow for the tineshare use specifieally for the 56 unit tineshare arpansion, and to also provide a gruide for any future proposals that nay be subnitted to the Town. II. BACKGROI'ND RESEARCH ON THE I'NDERLYTNG ZONE DISTRTCT FOR SDD NO. 7 The staff has pieced together a selluence of evente relatingto tbe Marriott ltark Resort property. We must enphasizettrat this infotnation vas taken frou the Connunity Developnent Departnent file and is not conclusive. Below is a sunmary of this research. L973 L977 L977 1978 The llark Resort constructed 74 hotel roons and 14 condoniniura apartrnents. This original developnent (east building) is referenced as having HDMF zoning in an Environmental InPact Report prepared by John Ryan dated January' L9'77 (Pg 36). A building per::nit dated Uay 31, 1973 also references HDMF zoning. Ordinance 3 of L977 rezones Lots 4 and 7 and aportion of Ipts 5 and 6, Block 2 Vail Lionshead 3rd Filing fron Public Acconnodation and EDMF to Special Development District to allow the developnent of the site rrin a more innovative mannerrr. Houever, in reviewing planner staff zone checkE in the fi1e, Lot 4 is referenced as having HDtilF, I,ot 5 - HDl,tF, and Lot 7 -Public Acconmodation zoning. Lots 4 and 5 relate to the western portion of the Mark property while I'ot 7 appears Lo be the original lot for the very first building on the eastern portion of the site. A resubdivision of Lot 4, 5, 6, 7 and 8, Block 1' Lionshead 3rd Filing was aPproved by the Plannlng and Environmental Conmission. Please note that tlre block references are different for the SDD ordinance and for the resubdivision A building peruit was released for the Uark Resort and Tennis club whictr has been referred to as Phase I (second building to the west). 1981 Ordinance No. 25 of 1981 approved a specific developrnent plan for Phase II which allowed for the construction of the convention center, parking structure, two additional tennis courts and allowed 8 fireptaces in 8 dwelling units. 1981 1985 The building pemit for the developnent approved ordinance No. 25, connonly called Phase II rras released. The reguest for tirnesharing for Phase II was denied by the PlannJ.ng Staff. This request proceeded to Planning Conmission and the applJ.cant tabled indefinitely. Fron this research, it appears that the Special DevelopnentDistrl-ct actually had tvo underlying zone districts. The eastern Lot ? had been Rrblic Acconnodation Zoning. Honever, this conflicts with John Ryanrs reference to l,ot 7 as being zoned HDMF in his EIR. Icts 4 and 5 which are to the west of Ict 7 appear to have been zoned HDUF. Staff also contacted ,fohn Ryan, who prepared the original EIR in Lg77, Jin Lanont who was on the Planning Staff when the Marriott Mark was reviewed in L977 ' Danny Corcoran, sunfeyor of Eagle Valtey Engineering and Tom Briner, architect for tlre Marriott Resort and Tennis Club in order to find out any additional zoning information. In discussing the issue with Jin Lamont, he stated that everything before 1974 lrad zoning. He also agreed that the site-probiUty naa either Public Acconmodation or HDI'IF zoning originalty or a conbination thereof. The other persons contaeted where unable to provide the staff with anydefinitive underlying zoning information. Suffice it to say, that the property appears to have been zoned IIDMF. In the zoning analysis section of tbe nelro, staff has compared the proposed sDD to HDMF and Public Accornnodation- zoning. ihe najor difference is that Rrblic Acconnodation zoning allows for a GRFA naxinu:n of 1801164 sq. ft. while ITDMF allows for L35,t23 sq. ft. In respect to pJrking, HDMF states that 75t of the parking must be in a Luilding or screened while PA zoning states that 75t of tbe reguired parking shall be located within the nain building and hidden fron publlc view. In all other resPects, the two zone districts have basically the same reguirements- III.@ The Special Developnent District has been conpared to IIDMF ana public Accornmodation zoning in Chart 2. Because the reErest is for underlying IIDMF zoning, the staff conrnents trill relate specifically to this zone district.' (Please note all calculations include the 10 enPloyee housing units) . The existing Special Devetopnent District and the proposed SDD both exceed the IIDMF uaximum allowance of 25 units per acre. The existlng soo has 34.2 units and the proposed SDD would have 47 units per acre. In respect to GRFA, HDUF allows t35,L23 sg. ft. Theexisting SDD is slightly under this amount whLle the proposed sDD exceeds the HDl,lF GRFA linit by 70,077 sq. ft. The HDUF zone district allows 128 dwelling unitE for thesite. The existing SDD has u7 dwelling units and the proposed SDD sould have 243 dwelling units. The height maxinum for I|DI{F is 48 feet. The existing SDD has a height of approxinately 85 feet while the new SDD expansion area will p! exceed 48 feet. In respect to site coverage and landscaping, both ttre existing sDD and tbe proposed SDD exceed the nininum reguirenents of HDUf. Thesite coverage rnaxinun is 55t for HDltF. The proposed SDD has 45* site coverage. The landscaping mininr:m is 30t of the site. I{ith the existing sDD 63t of the site is landscaped and with the proposed SDD 55t renains as landscaping. fn respect to setbacks, 20 feet is required on all sides of the property. The buitt sDD'encroaches into the setbacks in sone areas. The new proposal on the west side of the property does not encroach into the 20 foot setback except on ttre western property line where the existing parking structure (setback of 5r) is extended to the south. All parking requirenents are met per the Town of VaiI parking code wj-th the allowance of 5 valet parking spaces. fach tirneshare unit has 2 sPaces and each employee unit has 1.5 spaces. IV. EVALUATION OF T'NDERLYING HDI.IF ZONE DTSTRTET FOR SPECTAL DEVEI€PTIIENT DISTRICT NO. 7 Suitabilitv of the oroposed zoninq. The existing zoning is Special Developnent District for this site. -a specific underlylng zone district is not identified in the SDD ordinance. For the purpose of clarity, it is appropriate to aPply underlying HDUF zoning to the entire sDD. The intent is to not tanper in any way with the existing developnent on the site but to provide an underlying zone district that can be used as-a guide for the review of any future proposals. A. B. In addition, it is appropriate to apply HDUF due to the reguest for tinesharing for the proposed expansion by the applicant. Tiuesharing would not be approved for any other portlon of the SDD unless the appllcant reguested to anend the SDD in the future. Staff prepared a chart titled f'Development Analysisrr in order to -onpare the proposed SDD with surroundingproperties. As indicated by this chart, there are a nurnber of properties developed beyond shat is proposed on the l,larriott site such as the Antlers, Landrnark' Vantage Point, Montaneros, Lionsguare Lodge and tbe ooublttree Hotel . staff believes that the proposal is in concert with nany of the policies outlined in the Iand Use Plan. The site is identified as being in the Resort Acconnodation and Senrice Categorv defined belov: This area includes activitles aiued at accornnodating the overnight and short term visitor to the area. Prinary uses include hotels' lodges, serrrice stations, and parking structures (with densities up to 25 dwelling units or 50 acconmodation units Per buildable acre). These areas are oriented toward vehicular accesE fron I- ?0, with other support conmercial and business serrrices included. Also allowed in this cate9ory, would be institutional uses and various municipal uses. (Please see SpecLal Development District Meno concerning tbis project and its relation to the Iand Use Plan and surrounding neighborhood). In the Iand Use Plan analysis, a development scenarlo was selected based on narket demands and the desires of the citizenry. The Plan states (page 30): The public input had shown a general satisfaction with-the locaij.on of existing-Iand uses, which was used at the foundation for the preferred developnent alternative... The most inportant goals culled from the public neetingi nere used to ior:nulate tbe Trends Alternative. These key goals are as follows: Conmercial Uses 2, Cornrnercial growth should be concentratedprirnarily in existing connercial areasto accommodate botb local and visitor needs.3) New hotels should continue to be locatedprinarily in the Village and Lionshead areas. Villaqe/Lionshead Core Areas 1) Increased density for conmercial ,residential and todging uses in the Core areas woufd be acceptable so long as the existing character of each area is being presenred. This proposal supports the Land Use PIan rrkey goalsrr inthat the expansion occurs in an already developed areaof Lionshead, the uses proPosed support the desire for timeshare, and the design of the proposal is respectfulof surrounding properties and the character of the West Lionshead Circle area. C. Does the rezonina provide for the qrowth of an orderlv' viable conmunitv? The staff believes that the Special DevelopnentDistrict expansion does provide for the orderly development of the colomunity. We believe that theproject enhances rnany of the coronunityrs goals outlinedin the Land Use Plan. The time share use is alsospecifically called out in the Iand Use Plan. The suitalitity of this property for infill developnent is discussed in detail in the SDD memo in respect totraffic, density, design etc. which all relate totrorderly deveJ.opnent. rl IV. STAFF RECOI.TMENDATTON The staff reconmends approval of the application of the lligh Density Multi Fanily zone district as an underlying zone district to the Special Developnent District No. 7. l{e believe it neets i:.t of the three criteria for a zoning review. The reconmendation for approval is conditional upon the SDD amendnent beinq aporoved. 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(,lto .*o{ OH ESAEIaon!t o!t F (9 H FT Hf,rru)rt a&(,lo oF oo F{ dfKF('| afr(,lo F(t!ocl co gr lk df|n.Ut o|T,rEo(rl ro 00('t (\| HdPElnn oc('lo FI lOo(rl N FT(,4E9l oo FI F{Ho o bo ltt{N ooNlnoN }l4 F{oH Fo{oo o &lt,loAoxA tl f;o er oaql HHDo o L' ('l L' @ N .A Da qt G| r.{ + I I I I I ooort('l 3 rOdo @ I IrolNI N { |rI nN f cl(\l nt(.l I FIfr(,{ (,:l HH2D ?r ll Cit,lh Ilnoot GI lnN.\| go ul FI&t)d |n FIfr4 E]HHth cioo 9oF{oHOt,tr-r oX ;rlFtooOAHOghA. EoE2{o2.Nl'{ooc(c(orErdO\trA r{d=O.{tsoo\ocro\o I t,l FlH2D I {t\&(J .RDTNAN.E No. 2r ' ?/filQ,".r series of leeo lnC-(tr* , {*,\\(.oV-'*\ ' lrr.r ,'rlrrEt r\TcmE)T. n .r=' XAnn D*'AN oRDTNANcE DEsTcNATTNG AN TTNDERLvTNG zoNE DrsrRrer or 44vtHIGH DENSITY MULTI-FN.TILY TO SPECIAL DEVEIOP!,IENT \L/ DISTRICT NO. 7, COl,l!,tONIJy REFERRED TO AS THE MARRIOTT l.tARK RESORTT N,rD SETTING FORTH DETAILS IN REGARD THEFJTO. WHEREAS, the exlsting Special Developnent District No. 7, ltarriott Mark located on Lots 4, 7, C, D, Block I, Vail-Lionshead 3rd Filing dd'not indicate a specific underlying zone district for the purposes of establishing uses and activities for the Special Development Districti and WIIEREAS, the application has been nade by the MK Corporation, Mark Lodge Condoniniums, and llark Resort and Tennis Club to apply the underlying zone district to Special Developnent District No. 7i and WHEREAS, the Planning and Environmental Cornnission has expressed their desire to clarify the underlying zone district for Special Development District No. 7i and WHEREAS, the application of the High Density Multi-fanily zone district as underlying zoning to the Special Developnent District No. 7 will allow the applicant to reguest the tineshare usei and WHEREAS, in accordance with Section 18.66.1-40, the Planning and Environnental Conmission on June 11, 1990; held a public hearing on the proposed zoning anendment and has subnitted its recommendation of approval to the Torrn Councili and WHEREAS, the Tor,rn Council has hel-d a public hearing as required by chapter 18.66 of the Municipal Code of the Town of vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COInRADO, AS FOLIOWS: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the Town of Vail have been satisfied, and all of the reguirements of the Municipal Code of the Town of VaiI relating to zoning amendnents have been fully satisfied. Section 2. The Town Council hereby designates an underlying High Density Multi-Fanrily zone district for Special Development District No. 7 (Marriott Dlark Resort) located on Lots 4, 7, C, D, Block I' Vail- Lionshead 3rd Filing. Section 3. ff any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid' such decision shall not affect the vatidity of the renaining portions of this ordinancei and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 4. The Town Council hereby finds, deternines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Tontn of Vail and inhabitants thereof. Section 5. The repeal or the repeal and reenactnent of any provisions of vail uunicipal Code as provJ.ded in this ordinance shall not affect any right which has accrued, any duty inposed, any vLolation that occurred prior to the effective date hereof, any prosecution conmenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal 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, resoJ.utions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolutlon or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ AND PASSED ON FIRST READING THIS 19th day of June , L99o, and a pubLic hearing shall be held on this ordinance on the l9th day of June ' 1990 at 7:30 p.n. ln the Council chambers of the Vail uunicipal Building, Vail, Colorado. Ordered published in full this J9lb day of June , 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this - day of , 1990. Kent R. Rose, ltayor ATTESTS Pamela A. Brandmeyerr Town clerk ORDINAIICE NO. 21 Series of 1990 AN ORDINANCE DESIGNATING AT UNDERLYING ZONE DISTRIqT OF HIGH DENSTTY UULTI-FAI.IILY TO SPECIAL DEVEIOPI'IENT DISTRICT NO. 7, COMI,TONLY REFERRED TO AS THE I{ARRIOTT }IARK RESORT' AND SETTING FORTII DETAII-,S IN REGARD THERETO. WHEREAS, the existing Special Development District No. 7, Marriott ltlark t-ocated on Lots 4 , 7, C, D, Block 1, vail-Ll.onshead 3rd Filing do not indicate a specific underlying zone district for the purposes of establishing uses and activities for the Special Developnent Districtr and I{HEREAS, the application has been nade by the MK Corporation, lilark Iodge Condoniniuns, and llark Resort and Tennis Club to apply the underlying zone district to Special Developnent District No. 7i and I{HEREAS, the Planning and Environmental Conmission has expressed their desire to clarify the underlying zone district for Special Development District No. 7i and WHEREAS, the application of the ffigh Density lrlulti-fanily zone district as underlying zoning to the Special Development District No. 7 will allow the applicant to request the timeshare usei and WHEREAS, in accordance with Section 18.66.L40, the PJ.anning and Environraental Commission on June 11, 1990, held a public hearing on the proposed zoning anendment and has subroitted its recornnendation of approval to the Town CouncLlt and WHEREAS, the Town council has held a public hearing as reguired by Chapter 18.66 of the tlunicipal Code of the Tolrn of Vail. NOI'I, THEFEFORE, BE IT ORDAINED BY THE TOWN COI'NCIL OF THE TOWN OF VAIL, COIORADO, AS FOLIpWS: Section 1. The Town Council finds that the procedures for a zoning anendrnent as set forth in Chapter 18.56 of the Municipal Code of the Town of Vait have been satisfied, and all of the reguirenents of the Municipal Code of the Town of Vail relating to zoning anendments have been fully satisfied. Section 2. The Town Council hereby designates an underlying High Density Multi-Fanily zone district for Special Developnent District No. 7 (Marriott Mark Resort) located on Lots 4, 7, C, D, Block 1, Vail- Lionshead 3rd Filing. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason hetd to be invalid, such decision sha1l not affect the valldity of the remaining portions of this ordinancet and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 4. The Town Council hereby finds, deteml-nes and declares that this ordinance ls necessary and proper for the health, safety and welfare of the Town of Val-I and lnhabitants thereof. Section 5. The repeal or the repeal and reenactnent of any provisions of Vail lrlunicipal- Code as provided in this ordinance shall not affect any rlght which has accrued, any duty irnposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as coumenced under or by virtue of the provision repealed or repealed and reenacted. llhe repeal of any provision hereby shall not revive any provision or any ordlnance previously repealed or superseded unless e:<pressly stated herein. Section 6. AII bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. Thls repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ A}{D PASSED ON FIRST READING THIS - day of , 1990, and a public hearing shall be held on this ordinance on the day of , I99O at 7:30 p.n. in the Council Chanbers of the Vail ltunicipal Building, Vail, Colorado. ordered published in full this - day of , 1990. Kent R. Rose, ltayor ATTEST: Parnela A. Brandneyer, Town Clerk INTRODUCED, READ AIID APPROVED ON SECOND READING Al{D ORDERED PUBLISHED this - day of ,1990. Kent R. Rose, Dlayor ATTEST: Panela A. Brandmeyer, Town Clerk TO: FROU: DATE: RE: Eown Council Conmunity Development Department Septenber 11, 1990 Follow-up on Question Raised by Council at September 4th Work Session on the Nunber of Rental Units theMarriott Mark is Required to Provide. The issue regarding the nunber of Uarriott ttark units which nust rernain in tbe rental pool was raised at the Septenber 4th Town Council neeting in response to the DRB report on the Artinian 250addition. The Artinianrs are cornbining two existing condominiurnunits, each with a lock-off unit, into one condoninium with onelock-off unit and adding a 25O sg. ft. loftlsauna area. The Marriott !!ark Special Developrnent District No. 7 was approved by Ordinance No. 3, Series of L977, on February 1, L977. The Artinian unit is located in the eastern most building of theMarriott Mark complex (Phase I). The building in which the Artinian property is located was constructed under E'ublic Accomnodation Zoning District development reguirements and the units condominiunized and sold prior to the adoption of SDD }{o. 7. The agreernent which'addresses the number of keys (rooms) which must be available for rent is the franchise agreernent between M-K Corporation and the lrfarriott Corporation. This agreement was entered into to ensure the Marriott Corporation that a certain nunber of rooms will be affiliated/available for hotel use. The Town is not a party to this agreement. FREDERTCI( M. IIAYNES t3 f|ulrRlsrE DRrvE . tNol,tlvooD, ool/()ItaDo ao110 July 12, 1990 Mayor Kent Roee Town of Vall, Co lorado P.O. Box 2101 Vall, Colorado 81658 SubJect: Re-zonlng Appllcation, Marrlott Tlne Share ProJect Dear Mayor Roee and Town Councll: Ae a property owner of a condomlnium ln Val-l' I am concerned that the zoning, that has allowed an orderly developnent of VaLl' le about to be coupronlsed. It 1a ny understandlng that the owners of the Marrlott Project are applylng for a change ln zoning to accomdate the expansion. Ttre exletlng zoulng wae eetablLehed over time and should remaln uncompronised. I fear that once the zonLng Ln the clty le coopromleed for one proJect, many nore appllcatlons would follolv ehortly. I urge that the clty leaders turn down thle requeat for re-zoning. VeTly truLy Fred Haynes cc: Irene l{estbye, Manager Talignan CondooLnluns Too and Clndy Jacobeon LOILL I KARL R ROSS EDWARD J. O.BRIEN. II RICHARD J GILLOON Ross & O'Bnrew, P.C. ATTORNEYS AT LAW 2O9 SUN PLAZA IO4 SOUTH CASCAOE AVENUE coLoRADO SPRtNGS. COLORAOO 4O903-221t 1719t 473.2600 FAX (7t9t 475.9917 July 19, 1990 fl.. [*d c)."fff MORTON MCGINLEY I'1r. Kent Rose ldayor of the Town of Vail, and Members of the Town Council 75 South Frontage RoadVail, Colorado 81658 Dear Ladies and Gentlemen: It is my understanding that public hearings will be held onJuly 24, and JuIy 31 , 1990 to discussl agal.n, the establishment ofa cemetery in Donovan park. My wife and I built the residence at 1513 Matterhorn Circle(directly across the road fron the proposed cemetery) in 1965 andhave been part tirne residents of the area since that time. l{e, ofcourse, are opposed to the proposed development as would anyoneelse under simiLar circumstances. Thus, I suppose we will becategorized as ttNimbyst'. Our opposition, however, is based on several factors otherthan the severe deleterious effect the location of the cemeterywill have on the marketability of our property. Flrst, there aretwo serious legal questions invoLved. One arises by virtue of themethod of financing used to purchase the property. The other iscreated by the representations made to the public, the seller andthe mortgage holder at the time of purchase and the later namingof the area as "Donovan Parkrr. Such factors may prevent theconversion of the property to a cemetery use without a vote of thepublic. I am sure your counseL will disagree wlth these asser-tions but that is the stuff from which lawsuits arise. Secondly, property in the Vail vatley is included within theboundaries of the tttinturn Cemetery District. It is my understand-ing that the cemetery operated by the District has ample lands forexpansion, certainly far more than sufficient to take care of thefew burials that may take place frorn the predominately transientpopulation of Vail. To impose the cost of an additional ceme'teryupon the taxpayers is unwarranted as no reason has yet beenadvanced for such need other than the desire of a few residents tobe buried within the Town rather than at Minturn. Such anargunent can only be classified in the best light as elitist innature. l,lr. Kent Rose, Mayor, and Members of of the Town CouncilJuly 19, 1990 Paqe 2 Thirdly, from a planning standpoinL, it will mean the deathknell of the llatterhorn area. Matterhorn Village has often tines been referred to as the "slums of Vailn and perhaps deservedly so.It has had a very checkered history of poor planningl ineffectivecovenant enforcement and a total lack of any zoning enforcement.Even today, commercial activities involving heavy eguipment andthe storage of machinery and construction equipment throughout thearea, particularly on the streets, are ignored by the zoningofficials. Abandoned cars are spotted through the area. Manyhouses have been converted to use as essentially roomj.ng housesand apartments very possibly beyond the density levels specifiedin the Town Zonlng Ordinances. Landscaping is non-exi.stent andtrash is permitted to pile up around the rental units or is storedin overflowing dumpsters and vehicles as well as on balconies andporches. In short, l,latterhorn Village ls a disgrace to the valley andnothing seems to be done by the Town to rectify the situat.ion. One must, therefore, presume that the Town has written lt off sothat one final nail in its coffin wlll be of no consequence. Very truly yours, fu-rx=P-'-v Kar]- R. Ross KRR/dbk o luttn ?ttq|lh ftonlf.ro.d ud,c.lailb 81653 (30o) 47$2138 (300) 47$2139 dllce of cqrmnlty arfqmcnt TO3 FRO}T: DATE: RE: UEMORANDftl,i Alt partles interested in the Marriott Addltlon Town of Vail Connunity Oevelopnent Departnent Augrust 30, 1990 Septenber 4, L99O Town Councll neeting. Plsase be advleed that the llarriott proJect will be heard at the sept€nber 4, X99O Town Council rneeting at approxinately 7:30 p.n. $ r-l FNDtoo\o,&dH rft & HO '{ HaTEU(nodHoo Ez Hvt{Zfrl .H frl '{.rdfiHfr{COm =2 rJb o HOFr EC) ttE 9r..,to !1, @ 60coo!!E €€6ocr: toEF>-E 1-B TB,i , REVT8ED 6/L8/eO TO: rROM: DATE: RE: Vail Town Council Connunity Development Department June 19, 1990 Sunmary of Plannlng Conmission action on a reguest for a najor anendment to Special Developnent District No. z (The Marriott t{ark Resort) in order to add 56 tineshare units and 10 enployee housing units at 714 West Lionshead Circle, Lot 4, 7, C, D, Block 1, VaiI- Lionshead 3rd Filing. on June 11, 1990, the Planning and Environmental Coromission reconmended approval of this reguest with conditions. The notion was,al@by $qqhm-frilrren and seconded by Jim Shearer. The vote wa{e-t for Apfftbtbf of the notion. Connie Knight voted against Itheffion. Connie ltnight voted against the request due to her lrl{,rLqrconcern about the overages J.n GRFA (70 ,o77 s,q. ft. over HDMF AbWT'L - allowed GRFA), units per acre (22 units above allowable under l'7[#t1 HDI,IF), and the nunber of units (11-5 units over HDMF allowable). "Utfl Below is a list of the Planning and Environmental Connission's changes to the staff conditions for the SDD. The PECrs changes have been indicated in bold type. 1. Deed restrictlons liniting the use of the ten employee unLts to long term employee rentals in perpetuity shall be recorded prior to the issuance of a building pennit. The units shall meet the conditions for employee housing outlined in Section 18.13.080 B1o a-d of the Zoning Code except that the units are restricted permanently. 2. A detailed drainage plan and other deslgn issues relevant to public works concerns shall be subnitted and approved prior to the issuance of a building pernit. Pollution control devises shall be incorporated into the parking garage per the EfR. The creek stritt be protected from any construction irnpacts by the use of an erosion control plan. 3. Working in coordination with the Town staff, the applicantshall fund and conduct a comprehensive trafflc study of the I{est Lionshead Clrcle area suitable for deterurining the Marriott Markrs contribution to the cost of constructing any necessary turn lanes on the S. Frontage Road to West Lionshead circle. Prelininary design and cost estirnates for the turn lanes shatl be provided. At a ninimum, the applicant shall be responsible for contributing .this a91ee1 - tt-t. upon amount toward the cost of this improvemenLbd4d a'-,. +lA--euYl il tk t$d't4lau t f 5. 6. A pretininary design and funding strategy for constructing any turn lanes shall be establlEhed prior to the issuance of any building permit, and the turn lanes Ehall be conpletedprior to the issuance of a TemPorary Certificate of occupancy unlcgg defcrred by tbe Conuualty DeveloD[ent D€partrent and Publlo rorkt. The fundlng and construotionplln must be approved by the Tonn of Vail engineer, Community Development Department, Town Council, and Colorado Division of Highways before the building pernit is released for the expansion. The applicant shall be required to subnit a CDOH accesspernit application on behalf of the Town for the west Lionshead Circle/South Frontage Road improvenent. A signed CDon pernit nust be obtained by the appllcant before a building pennit is released ualege deferradl Dy tbc Connunlty D€velopBeDt DepartD€Dt ald frtrblta lorks. AIl aspects related to the tinesharLng of this facility stralt -onply with all applicable town ordinances that regulate timestrare activity. Timeshare is only approved for th- proposed 56 unit building. The 1o employee units shall not be allowed to convert to tineshare. (Any landscaping) Detallsd landscapl.ng aintlar to tbe festlh Eotel landscaping along th€ tocrtatlon patb proposed on Town of VaiI land shall be subrnitted by the applicant to the Town of Vail landscape architect and engineer for approval before the proposal is subnitted to the Design Review Board. AI1 Landscaping proposed on Town of Vail land shall be maintained by the aPPlicant. The applicant shall agree to regrade' revegetate, and repair the drainagte on the bank adjacent to the bike path along the southern property line of the Marriott Mark by August 1, 1990. A letter of credit shall be subnitted to the Town of Vait before second reading of the SDD ordinance. The landscape and drainage work shall be subnitted to the Town Engineer and Landscape Architect for approval before the proposal is presented to Design Review Board. A temporary certificate of occupancy shall not- be released for the expansion until all site irnprovements have been conpleted such as sidewalks, landscaping, drainage etc- If the weather prohibits the conpletion of the site inprovernents, the applicant shall be reguired t9 provide a lelter of credit to cover 125* of the construction costs for these improvenents. The construction estimate shall be reviewed-by the Town Engineer and Landscape Architect. The agreement stiputating how the site irnprovements will be conpleted and letter of credit shall be suburitted by the applicant to the Tolln Attorney for approval before a tEnporary certificate of occupancy rnay be released. 7. 8. I 9. Before a teueorary certificate of occupancy is released, the applicant sff piat a public easenent-f_lnsure pubtic access throu-!ft the site on the proposedEldewalk lnprovenents. The appllcant shal-l subnit the easenent agreenent to the Town Attorney and Tonn council for approval before recording the easenent. 10. Irrt.thg lraguagr lor th. rah o! the tlnrebar. ualts rlill,.o,,, Dr euDnttt.C Dy thr loua lttorncy Dy tbe appllcaat lor lrriii*u'1-.*"4;,-epproval. lbir rordl.ng govrralag tbe narletlng ot the Wl-tt.)i'+fi,ri*i-- tl.ncabarl,ng rball be added to the gDD OrdiDaDcc. ' os/^l y^.f, tr. xo aupllflaatlon of round oD tuo gr.easpace creqtec by the '1'fri4rcnoyrl of tbr tvo teaalt courts cball be allored for convrntloDs oa othor apecl.al events. The followJ.ng itens were gtaff reconrnendatLons to the Design Review Board if the proJect proceeded to that review level . The Planning Conmlssion changed theEe reconmendations to conditlons of approval . L2. landscapilg b€yold aod rball be provldcd oa tbe landscape torraces ov.r tbe parklng. 13. Addt.tl.onal laadsoaplag shall be provldsd .long tbc veet rlrvatl.oa of tbe parting struaturc. il nl'r ot decl'duoua, avargr€sts, tadl ghrubg ahall bc provlded of a gize adequate to ecrren tbe gtruatute ts nuob ta poael.ble. The appllcantfu dlrcctedl to rort ul,tb vd.l Assocl,atea oa the landscaplnE Dutter. 11. lll loaaliug lr.ta rball bavc addltional laadcceplag an6 acraeD tcnclag. 15. '!b. t[€Dallsrt8 to Epecial Dov.loPneat Dlctrict lto. 7 aro approyad condltlonel upoa Plaaning rnd EDvlronneatal ConnigsloD and trovn councll givlag aPProval to tbe underlylag goae dlstrtet requast. TheEe conditions of approval have been Special DeveLopnent District ordinance.the Design Review Board will be passed Cornrnunity Developnent Department. 16. lbe baltagt oa tbo crl.gtlng bulldlag eball be changed to \ uatcb tbc oolor of tho letit root of tbe propocsd addltlon' Ns.-/ 71l)in addition, the Etaff and PEC reconnend that the Design Review x(\\l Board address the following design iEsues if the project proceeds \\V\ ^{#.j.:t pedestrtan accesEr should be provided from the west Day" l ( \:t- 1.-\ Lot through the lowest level of the parking structure. 'M )" lT$ty The entry stair on the north elevation should be \' ,4?' decreasei in wldth to allow nore landscaping. \- I - Tlre north elevation adjacent to the parking structure etair should have nore vindows. Landscaping should be planted along the stainray and building. incorporated into the The reconnendations to onto the DRB bY the .:{Q z.#gA n.--t$9 -+- €( =rFF.-g- .( .J +.1,s.li:i-- -.- IT TJt{ _F+..v-: S \^d -,- -1*T h: F\ ,h\ns*Y{tb,cioR Planning and Environmental Conmission Conmunity Development Department June 11, 1990 A reguest to apply the underlying zone district of High Density l,[ulti-Fanily to Special Developnent District No. 7 (Marriott t{ark Resort) ?14 West Lionshead Circle,Lots 4, 7, C, D, Block L, Vail-Lionshead 3rd Filing.Applicant: lO( Corporation, Kaiser llarcus I,,ADESCRIPTIoN oF THE REoUEST(!,) _..r? rp,1r-r,^,j tn t$|\o-'tn,-, At,lxL5Wr4, (({-.t se lt+ ig;l{:i1tt',;lt't>i:t'tl [l.:_f sesslon on proposed auendnents go SDD No. 7. the PEc it(,',f.i,rly..,nr'''i'- .,rffi underrying -io@arry TO: FROM: DATE: RE: 0n rt,dU t ., ' ':-ialengtfiAd for tniE spLciai D6vefopnent District.- ihe Planhincr and Environmental Connission made this recruesJf lt,l_!,U \.rr t J.qenEIIIeq fgr EnIE DpegJ.aI t,eVej.C,P|neIrL !rlsl-llL;l-. r _rrr r "1"r.'ltitl I r ,Planhing and Environmental Connission made this request of ,l,i'..., ri,,, ,Sfiiri'lthe applicant in order to clarify the underlying zoneux '- r district. An underlvincr zone district is defined in Secti,l';'".'..,?"1 ,, pfi$ri'ittre appiicant in order to clarify the underlying zone!x ' , district. An underlvincr zone district is defined in Sectiondistrict. An underlvinq zone district is defined in 18. 40. o2o, DeEitiitib-nd rrUnderlying zone Districttlexisting on the property, the tine that the Special roved. shall mean the zone districtor inposed on the property at Developnent District is - Pf n'Oryf As stated i.n previ.ous memos, there is some guestion as to 2 rmr|d,,r'r1*r,rr.a what the underlying zoning was when this Special DevelopmentI 0 ,/) oistrict was approved in 1977. (Please see Section II for- \-/ background on underlying zone district staff research.) 'for Developnent , conditionala-na-accessory-use=-EFa1f1E-e-@!-gd,;e DermrEEecr cqndi€ionat-and accdBsory uses in a properties undeilYinq- r-one distiibt-- applying HDMFDistrict is to zoning to tlre entl,rcallow for the tineshare Alh..r Q' t\l'r I &\ldxl d/O use.within the Town of VaiI that @-a Uses of ttre SPecial Development District it states: Determination of permitted, conditional and accessory uses shall be nade by the Planning and Environnental commission and Tortn council as a part of the fornal review of the proposed developnent plan. Un!9_9F further restricted bv the review of the--p=epesqdfurther restricted by the review of the-p=epesqd special Devdlopnerrt Dlstficq-FemftEd, gpnditi In summary, the purpose gf the apptying HDMF zoning tounderlying zone district the theforproperty is to clarifYentire SDD, allow for the tineshare use specificall fo the 56 unit timeshare to aleo f any future proposals.that naY rr.BACKGROIJND RESEARCH ON THE I'NDERLYING ZONE DISTRICT FOR SDD NO. 7 The staff has pieced together a sequence of events relatingto the Marriott Mark Resort property. We must ernphasize that this infornation was taken fron the Cornmunity Development Departurent file and is not conclusive. Below is a surnmary of this research. L973 The Mark Resort constructed 74 hotel rooms and 14 condominium apartnents. This original developnent (east building) is referenced as having HDMF '-:r'tU|f'iioninginaninvirorunenta1Inpac@pared ,. ^ 'ri . j t:i$.': by Jofrn Ryan datecl Janriary,- Flrg 56T:-i=--I r1 lv ' " building_p_erroit_dated M3y 31, 197t aI-se .rgr,erences HDMF zoninl. t977 Pt 1t"r'. l ',';t,.' ft ' !irr,-''' '.,: LU Ordinance 3 of L977 rezones Lots 4 and 7 and aportion of Lots 5 and 6, Block 2 VaiI Lionshead 3rd Filing frorn Public Accommodation and HDMF to Special Development District to a]low the development of the site frin a nore innovative mannerrr. However, in reviewing planner staff zone checks in the file, Lot 4 is referenced as having IIDMF,__I,otl s - HD!{F, and Lot Z -:Cbf,rg _Aselq4rqo{a-t-i-qn-Janing. Lots-lf€nd 5 relate to the western portion of the llark property while Lot 7 appears to be the original lot for the very first building on the eastern portion of the site. A resubdivision of Lot 4,5,6, 7 and 8, Block 1, Lionshead 3rd Filing was approved by the Planning and Environmental Connission. Please note that the block references are different for the SDD Ordinance and for the resubdivision A building pernit was released for the Mark Resort and Tennis club which has been referred to as '1r Phase I (second building to the west). Ordinance No. 25 of lgSL approved a specific developnent plan for Phase II which allowed for the construction of the convention center, parkin L977 L97A irl'a .l i ' illl; ! lrL ;\''l ttri +'; 198l_ structure, two additional tennis courtE- nrr allowed 8-fireplaces in 8 dwel[A'{4{ts. J ,r 1? 1,., " ]d,,P ,t"r1"t(11" 19 81 1985 denied by the Planning Staff. This request proceeded to Planning Conmission and the applicant tabled indefinitely. From thiE research, lt appears that the Specl.al D,evclopnentDlstrl-ct actually had two underlylnE zono dlstricts. The eastern Lot 7 had been Rrbllc Acconnodation Zoning. However, this conflicts with ilohn Ryanrs reference to L,ot 7 as being zoned HDMF in his EIR. Lots 4 and 5 which are to the west of Lot 7 appear to have been zoned HDMF. The building penoit for the developgeDe-aeproved Ordinance No. 25, commonly called.Rhase If)wasreleased. - =\ The request for timesharing for Phase II was staff .l=o "on.gc&"dGi-IiiD, who prepared the originar EIR in L977, ,{n LanonU-wlho was on the PlgDnir{L€g{l! when the Marriott l{d}h-rag-teviewed in L977, {FnfFGgalqt}b {\r,'u colPl to surveyor of Eagle Valley Engineering and-1Hri4p5e.)-architect for the Marriott Resort and Teni-i-s-Cfub in orderto find out any additional zoning information. In discussing the issue with Jin Lanont, he-,,s-ta-te-q__Jttat _everything before 1974 had zoning. He also agreed that the-s ite' prouiuty had either Publ ic icconrmodation - a-r - riDlt{-Fz6i1tg orlginally or a conbination tha-reof. The other persons contacted-where rinabfe to bioviae the staff with anydefinitive underlying zoning information.Suffice it.to say, that the property appears to zoned(npllE/ rn the zoning anaLysis section ofstaff has conpared the proposed SDD to HDMF and Acconnodation zoning. The najor differcnce Ls have been the neno, Publictbat Publicof 180,1sq. ft. while HDMF allows for 135,123 sq.,ft. In respect to pirking,- HDMF-sEates €hat 75t oE-th-A parking must be in a building or screened while PA zoning states that 75t of the reguired parking shall be located within the nain building and hidden from pubtic view. In all other respects, the two zone distri-ctq- have basically the same requirernents.-..\. The Special Developrnent District has been compared to HDMF and Public Acconnodation zoning in chart 2. Because the request is for underlying HDUF zoning, the staff conmentswill reLate specifically to this zone dlstrict. (Plcase note all calculations lnclude the 10 enPloyee houslngt units) . 2q$\qr+,'I tiorro< T0,rlfiD' "?,ro5n' n'nn(#rr! '\Lro'- I 1,. .l +t{\Ur,rf',,i(lt I\' \l I a^. &.tll (.'l 'r ] 1rtrr (n{,t1,ff iffd:$ The existLnE Special Developnent District and the proposed sDD both exceed the HDMF maximun allowance of 25 units per acre. The existinq SDp has 34.2 units and the proposed sDD would hav€-l[7-xntt; per - The height maxinuu for HDIIF is--4-B-*egt. The existing SDD has a height of approxinately'q!-€eeah'hile the neYt sDD expansion area will not exceed -4E-feet=) In reepeg! !s siteexpansion area wlII not exceecD 4a reeEJ rn reEPggE Eo slEe c ov e ra g e q4gu_a n d q g e!-i 49, b o t!r- Q=-ex is t i n g--5D6-a ni[-EhE- e ropo a A EDt exEe e a -t-rr e- r,i:dnun Eequ i renanE' or_ rDrfl - Th e Suitabilitv of the pronosed zoning. The existing zoning is Special Development District forthis site. A specific underlylng zone district is not IHn1 tl.' ,'1(', N v , f c:f tDl) 55 "lI f,, i\r p,,'rp5A { . \',t#1 ' ' [?{lo' site- coverage maximum is 55t for HDI-IF. The proposed SDD has 45* site coverage. The landscaping minimum is 30* of the site. With ttre existing sDD 63t of the site is landscaped and with the proposed SDD 55t renains as landscaping. In respect to setbacks, 2o feet is reguired on all sides of the property. The built SDD encroaches into the setbacks in some areas. The new proposal on the west side of the property does not encroach into the 20 foot setback except on the western property line where the existing parking structure (setback of 5r) is extended to the south. All parking requirements are net per the Town of Vail parf ing code w_ith- the allauance.-of--5- ij -'l at narking spaces. Each tineshare unit has 2 spaces and each enployee unit has 1 . 5 space-s. IV. EVALUATTON OF UNDERLYING HDMF ZONE DISTRTCT FOR SPECIAL DEVEI,OPMENT DISTRICT NO. 7 ),; A. identified in the SDD ordinance.clarity, it ls approprlate to apply underl sitetrlct that can bede an uiea rn respect to cRFA, HDl,tF urror"@$.--?E) Theexisting SDD is slightly under this anount w[i.Le-!!eexisti-ng sDD is srightly under thfE-arooun{ wEtf^q$he proposed sDD exceeai tne HDTIF GRFA lintt uyfZ+rery\q. ft.- \ i+ua-l - The HDMF zone district alloqgjag dwelling uiits for thesite. The existing SDD has-177 lwelling units and the proposed SDD would haver 243')dnrdlling units. fr,!.{l + lO Ost '.y, Pul any fu J -i'^u.'ia'Q In additlon, it is appropriate to apply HDI'IF due_ Lo_tber3$Lest fer tinesh.artng for the proposed expansfon bythe applicant. Tinesharing would not be approved for any other portion of the SDD unless the applicant requested to anend the SDD in the future. Staff prepared a chart titled -lDgre_lopuent_lnglle!9" inorder to compare the proposed SDD rrlth surroundingproperties. As indicated by this chart, there are a nurnber of properties developed beyond what is proposedqn th e Marriot!-- s rlg_sUgh_.gs_ !-be Anllefgr_I^andmar! rVantagg Point, Irlontaleros, L_io4,s_quare LotCEEEEt-EIie- Doublglleee_nqEe_1. Staff believes that the proposal is Lir concert with many of the policies outlined in the B. Land Use Plan.defined jr,fi ijs (r overnight and short tern visitor inary uses include hotels, lodges,service stations, and parking structures (wlth densities ul!o_ 2!__dwelling unlts or 50 70, nrith other support conruercial and business services included. Also allowed in this categorY, would be lnstitutional uses and varlous nunicipal uses. (Please see Special Developnent District Merno concerning this project and its relation to the Land Use PLan and surrounding neighborhood). 11In the Land Use PIan analysis, a development scenario llwas selected based on narket de4a.nds_ang_the desires ofllthe citizenry. The PIan states:-(page*?9> 1" The public input had shown a general satisfaction llwith the location of existing land uses, which was llused as the foundation for the preferred lldevelopnent alternative... The most important llgoals culled from the public meetings were used to flfornulate the Trends Alternative. These key goals,are as follows: llThis area includes activities ained at llacconmodating the overnight and shortllto the area. Prinarv uses include hot A. Conmercial Uses fA\ connerciat growth ehould be concentrated\-, prfunarlly ln exlEting commercial areasto acconmodate both local and vLsitor ,^\ needs. ( li ) New hotels should continue to\--" prinarily in the Village and areas. Village/LLonrhead Corc Araae be located I-,lonshead c. (r)') Increased density for conmercial ,\:'rr' residential and lodging uses in the Core areas would be acceptable so long as theexisting ctraracter of each area is being preserved. i,.mcr{ t l a*'d {t ?ttt^..' 0i.,rti\h i,ru'a^,"* r\{li i - t)u d rt rrL'ul-'' $ i,f"l'[\'r'\Q-@-, . 0 fl,.hn,.r.i o tQtW{*'tL ,$ti"l*ufifro'f':' r,i**:#f lrnis proposal supports the Land Use Plan I'key goalsrr in Ittrat ttre expansion occurs in an already developed area lof Lionshead, the uses Proposed support the desLre for tEineshare, and the deslgn of the proposal Ls respectfulpf surrounding propertJ-es and the character of the West l-,ionshead Circle area. Does the rezoninq provide for the orowth of an orderlv.viable comrnunitv? The staff believes that the special DevelopmentDistrict expansj.on does provide for the orderly developrnent of the conmunity. We believe that theproject enhances many of the communityts goals outlined in the L,and Use Plan. The tirne share use is also specifically called out in the Land Use Plan. The suitaUitity of this property for infill developpen discussed in d u ordsrlyjleri'eJ epgglt. " IV. STAFF RECOIi{I'TENDATION The staff recommends approvat of the application of the High Density Multi Farnily zone district as an underlying zone district to the Special Development District No. 7. We believe it meets all of the three crl-teria for a zonLng revl-ew. 0Ir tll borr0c' g.$dl \noc \Uci/,t/q.0n, 5 t\ < -$o ,rtrD,bW1 5i ur,r)t 0lr0tclurrOz'*' u t @N Oo|o r' loor!o rlo Ntoro !t (\|(rI ot 4 4 {'(slr.ln|Orco\N\ \\loroF I F-oz -z 41 00 oo NN|no|itNtt {FOtOt{OHcl.{rO.vlF{Cl .{ Or o OUItOOC'tO"{roo6tmooN C!Fl .,l;{G{Cl.{ o rO rO rO.{ FUtG|CondCOgrFUIFlnto!telOr F{ d9 HEctE g t{Ht,lHxd&thEA "H H a EIA EA (aH F|UH{-D rJ2t{ C{a HE2AD&l HH E!lA (,2H2oN oo .'t ct or't o o.{O o|lo0 lnro.l o. 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YAIL I{AIIONAL IANK BUILOINC IOO gOUYH FROI{TACE ROAD WE3T VrtIL OOIODAIX) El0[7 1990 32 (SERTES OF 1990) TELEFHONE rtOJl aTo€ogz FAX LINE lloll .aTg€aC7JAY I( PETEi'ON TO: FRO}T: DATE: RE: Ii{EMORANDItf,I ltAl{AGER, TOTNN OF VAILRON PtilLLrPS, TOI{N JAY K. PEfERSON SEPIEUBER 13, ORDINA}ICE NO. Dear Ron: E\rrsuant to directions frorn ny client, withdraw our applicatlon for change of Ordinance No. 32 (Series of 1990). AsI hereby request the withdrawal of ourwithdrawal of Ordinance No. 32 (Series U-K Corporation, we hereby zoning as set forth in the applicantrs representativeappllcation and also theof 199o). If you have any questions please contact me at ny office. /'>& E ut'tt! 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VAIL TOl.lN COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 4, 1990 7:30 p.m. AGENDA CITIZEN PARTICIPATION Action on Proposed 1990-91 Parking Policies Ordinance No.32, Series of 1990, first reading, an ordinance designating an underlying zone distrjct of public accommodation to a1 I of Lot 4 and Lot7, Block 1, Vail/Lionshead Third Filing, a subdiv'i sion recorded in Book 221 at Page 992 of the Eagle County, Colorado, C'l erk and Recorder's records, part of Lot C, Morcus subdivision, a subdjvision recorded jn Book 255, at Page 70 of the Eagle County, Colorado, Clerk and Recorder's records and an under'lying zone district of h'igh density multiple fami ly to a1'l of Lot D and a part of Lot C, Morcus subdivision, a subd'ivision recorded in Book 255 at Page 70 of the Eagle County, Colorado, Clerk and Recorder's records to Special Development District No. 7, commonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. Ordinance No.22, Series of 1990, first reading, an ordinance amending Special Development District No. 7, commonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vai'l Municipal Code; and setting forth detai'l s in regard thereto. 5. Rehearing by Council of Design Review Board Approval of the the Proposed Residence at 3010 Booth Creek Drive (Lot 4, Block 3, Vail V'i'l'lage llth Filing) (App1 icant: George P. Cau'l kins, Jr.) Appointment of a Design Review Board Member Adj ournment 4. 6. 7. 7:30 7 245 Stan Berryman Ron Phil'lips 8: 15 Kristan Pritz 9: 15 Kristan Pritz VAIL TO|{N COUNCIL REGULAR MEETING TUESDAY, SEPTEMBER 4, 1990 7:30 p.m. EXPANDED AGENDA 1. CITIZEN PARTICIPATION 2. Action on Proposed 1990-91 Parking Policies Action Requested of Council: Approve/deny/modify the proposed pol icies. Background Rationa'l e: Per Counci'l direction after the ffiff and counci'lmembers prepared several alternative proposals. These proposals were discussed at the August 23 meeting of the Transportation and Parking Advisory Committee. The Committee unanimous'ly supported the parking po]icies contained in the proposed Policy Statement 90-1 ( enc'l osed ) . Staff Recommendation: Approve Policy Statement 90-1. 3. 0rdinance No. 32, Series of 1990, first reading, an ordinance designating an underlying zone district for the Marriott's Mark Resort Action Requested of Counci'l : Approve/deny Ordinance No. 32, ffiding, which applies two underlying zone districts to SDD No. 7, Marriott's Mark Resort. Eackground Rationale: 0n August 27, 1990, the PEC reviewed ffi motion was made by Kathy l{arren and a second was made by Da1 ton l{i'l liams to approve the request. The motion passed 5-1-1, with Chuck Crist abstaining, and Connie Knight voting against the request. Staff Recomnendation: Approve Ordinance No. 32, Series offfi9. 4. 0rdinance No. 22, Series of 1990, first reading, an ordinance amending Specia'l Development District No. 7, conrmonly referred to as the Marriott Mark Resort, and the deve'lopnent p'l an in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. Action Requested of Councj'l: Approve/deny Ordinance No. 22' ffiding, the amended SDD No. 7. Background Rationale: The applicant is requesting to amend ffit 56 timeshare units and 10 employee housing units. This expansion will be 'located primari'ly on the existing parking structure. The parking structure wi'l 'l also be amended. Additional landscaping and pedestrian improvements are also proposed. 0n June 11, 1990, the PEC voted 4 to 1, with Chuck Crist abstaining, to recommend approval of the amendment with conditions. Connie Knight voted against the motion as she believed the additional density and GRFA were inappropriate. Staff Reconmendation: Approve Ordinance No. 22, Series offfig. 10: 15 Shel 1y Me]'lo 10 :45 10: 55 6. 5. Rehearing by Council of Design Review Board Approval of the the Proposed Residence at 3010 Booth Creek Drive (Lot 4, Block 3, Vai'l Vi'l'lage 1lth Filing) (Applicant: George P. Caulkins, Jr. ) Action Requested of Council: Uphold/overturn DRB's July 11, 1990 approval of this project. Background Rationale: The appl'i cant received fina1 approva'l from the DRB on Ju'ly 11, 1990. The DRB vote was 3-0. The approval was appealed by our adjacent property owner and reviewed by Council on August 7, 1990. Council upheld the DRB decision by a vote of 4-3 with the following conditions: 1) a 2 car garage be added to the development plan, 2) a more formalized landscape p'l an be submitted, and 3) the window shutters be painted a solid co] or. 0n Aug. 7, 1990, the Council rescinded their Aug. 7th vote and voted to rehear the item at the next possible Evening Council meeti ng. Stdl Begqne!4ati-on: Not applicable. Appointment of a Design Review Board Member Action Requested of Counci'l : Appoint one member to the DRB. Background Rationale: Jamie McClusk'ie has resigned his post on the DRB as of August 1, 1990. Jamie'is moving out of the Vail Valley. At this t'ime, we have two applicants for the vacancy: Fitzhugh Scott and Sherry Dorward. The appointed appficant wi'l 1 comp'lete Jamie's term ending February, 1991. Adj ournment7. -2- 6b \tf .ffiqhdi ORDINANCE NO. 22 SERIES OF 1990 Al{ ORDINANCE AI-IENDING SPECIAL DEVEIOPMENT DISTRICT NO. 7 COI.TMONLY REFERRED TO AS THE MARRIOTT MARK RESORT AND THE DEVEI.,,OPIIENT PI,AN IN ACCORDANCE WITH CHAPTER ].8.40 OF THE VAIL MUNICTPAL CODE AND SETTING FORTH DETAII.,S IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Towni and I{HBREAS, special Developnent District No. 7 for development of Lots 4, 7, C and D, Block 1, VaiI Lionshead Third Filing was originally approved by ordinance No. 3, Series of 197'7 ' and subseguently anended by Ordinance No. 25, Series of 198L and Ordinance No. 6, Series of 1982i and I{HEREAS, the Applicant and Owner (M-K Corporation and Marriott Corporation) desire to make amendnents to Special Development District No. 7i and WHEREAS, the Anendnent to Special Development District No. 7 will insure unified and coordinated developnent within the Town of Vail in a manner suitable for the area in which it is situated; and I{HEREAS, the Planning Commission has recomrnended approval of the rnodification to Special Development District No. 7; and WHEREAS, the Town Council considers that it is reasonable' appropriate and beneficial to the Town and its citizens, inhabitants and visitors to amend Special Development District No. 7. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COIORADO, TRAT: SECTIoN 1. Arnendment procedures fulfilted. Planning Conmission report. The approval procedures prescribed in Chapter 18.40 of the vail I'lunicipal Code have been fulfilled, and the Town council has received the report of the Planning and Environmental Commission reconnending approval of the proposed developrnent plan for Special Development District No. 7. SECTION 2. Arnendnent to Prior Ordinances. Anendment OrdLnance No. 3, Series of L977, Ordinance No. 25, Series of 1981 and OrdLnance No. 6, Series of 1982 are hereby amended by the addition of Part ff to read as follows: A. Special Developrnent District No. 7. Part II of Special Developnent District No. 7 (ttSDD7") and The Development Plan as herein after defined and set forth is hereby approved for the continuing development of Lots 4 , 7, C and D, Block 1, vail Lionshead Third Filing located wlthin the Town of Vail consisting of 5.08 acres (221 1527 sguare feet). a. B. Purpose. Part II of SDDT is hereby established to ensure cornprehensLve developnent in the use of an area that will be harnonious wlth the general character of the lown of Vail and the existing SDDT and to promote ttre upgrading and redevelopment of a key property in the Town of Vail. The aurendment to SDDT is regarded as - conplimentary to the Town by the Town council and meets atl design standards as set forth in Section 18.40 of the Municipal Code. There are signJ-ficant aspects of the Amendnent to Special Development District No. 7 whlch cannot be satisfied through the inposition of the standards in the existing SDDT or under existing zoning. The amendment to SDDT is coupatible with the upgrading and redevelopnent of the cornrnunity while rnaintaining its unique character. c. DefinitLons. 1. Time-Share Estate shall be defined as set forth in Section 18.04.42o of the Town Municipal Code. 2. Enplovee Housing Unit shall be defined as follows: A dwelling unit as shown on the Redevelopment Plans, marked as Enployee Housing Unit. D. Development Plan. 1. A developrnent plan for Part fI of SDDT is approved and shall constitute the plan for the redevelopment of a portion of SDD7. The redevelopnent plan is conprised of those plans subnitted by Arnold, Gwathmey & Pratt Architects and Dennis Anderson Associates, Inc. as set forth below: a. Landscape Plan by Dennis Anderson Associates, Inc. dated June 4' 1990. b. Site Plan, Floor Plans and Parking Plans by Arnold, Gwathney & Pratt Architects dated Dtay 14' 1990. c. Elevations and Sections by Arnold, Gwathney & Pratt Architects dated May 14' 1990. d. Environnental fnpact Report by Peter Jamar Associates, Inc. dated uay 10, 1990. The plans listed in 1 through 4 above shalL for the purposes of this Ordinance be referred to as rrThe Development Planrr. 2. The development plan shall adhere to the following: a. Setbacks. Setbacks Ehall be as noted on the Site Plan listed above. b. Height. Heights of structure shall be as indicated on the elevations listed above but shall not exceed 48 feet measure vertically fron existing or finished grade at any given point to the top of the flat roof, rnansard roof, or to the highest ridge line of a sloping roof. c. Site Coveraqe. Site coverage shall be as indicated on the site plan listed above. d. Landscaping. The area of the site to be landscaped shall be as indicated on the landscape plan listed above. A detailed landscape plan shall be subrnitted to the Design Review Board for their approval . e. Parking and Loading. Parking and Loading shall be provided as indicated on the site plan and floor plans as listed above. In no case shall the parking provided on the total site as covered by SDDT be less than 4OO spaces. E. Density. The existing development and conditions for SDDT shall be as defined under ordinance No. 3, Series of L977 and under Ordinance No. 26, Series of 1981 and under Ordinance No. 6, Series of 1982. The approval of thls Part II of SDDT shall perrnit an additionaL 56 dwelling units which shall be used as time-share estatee and 1O dwelling units which shall be used as employee housing unLts. Bhe 56 dwelling units used for tine-share estates shall not exceed 1050 square feet of gross residential- floor area per unit for a total of 5g,8OO square feet of GRFA. The 10 dwelling units used as enployee housing shall have a gross residential floor area per unit of approxinately 400 square feet, and shall have a maximun total of 4ooo square feet of GRFA. F. Perrnitted, Accessory and Conditional. Uses. Time-share Estates and Employee Housing Units shall be the only per:rnitted uses for the 66 dwelllng units as set forth ln The Developnent Plans. Accessory and Conditional uses shall be as set forth ln the High Density, Multiple Fanlly Zone District. Any additional requests for tirae-share units shall require a major amendnent to SDDT- G.Restrictions on Emplovee Housino UnLts. No Enployee Housing Unit shall be so1d, transferred or conveyed unless such sale, transfer or conveyance is to a non-profl.t Condominium Associatlon for:med to nanage the 56 tine-share estates. No Enployee Housing Units shall be leased or rented for any period of less than thirty consecutive days and it shall be rented only to tenants who are full-tine enployees in the upper Eagle valley. The Upper Eagle valley shall be deemed to include the Gore Va1ley, Minturn, Red cliff, Gllrnan, Eagle, Vail , Avon and their surroundlng areas. A full time ernployee is a person who works an average of tbirty hours per week. An Employee Housing Unit shall not be dlvided into any form of tirne-share estate, lnterval ownership or fractional fee. The restrictions contained ln this Section 23 shall be placed in the Condominiun Declaration for the benefit of the Town of Vail and shall not be changed without the consent of the Town of Vail . Each ernployee dwelling unit shall have a total gross residentiat floor area of approxinately 400 square feet. The owner/applicant shall subrnit to the Town Attorney a covenant pernanently tinitinq the use of the ten enployee dwe1J.ing unlts to long term enployee rentals in perpetuity. Once the covenant is approved by the Town Attorney, the agreenent shall be filed of record in the offlce of the Eagle County Clerk and Recorder to insure that the restrlctions shall run with the land. The covenant shall be recorded prior to the issuance of a building petmit for The Development Plan. The covenant shall include the conditions as set forth in Sectlon 2, ParaqraPhs G 1-5 above. H. Amendnents. AmendnentE to the approved development plan shall follow the procedures outlined in Section 18.40.100 of the Vail Municipal Code. 1. 2. 3. 4. 5. 6. I. Conditions of Approvat for SDD7. 1. A detailed drainage plan and other design issues relevant to public works shatl be submitted and approved by the Town of Vail prior to the issuance of a building perurit. pollution control devises shall be lncorporated lnto the parking garage per the subnitted environmental inpact report. Gore Creek shall be protected fron any construction inpacts by the use of an erosion control plan. 2. I{orking in coordlnation with the Town Staff, the appllcant shall fund and conduct a comprehensive traffic study of the West Lionshead Circle area suitable for deternining the applicantrs contrl.bution to the cost of constructing any necessary turn lanes on the South Frontage Road to West Lionshead Circle. Prelininary deslgn and cost estinates for the turn lanes shall be provided by the applicant. At a nlnirnun the applicant shall be responsible for contributing an anount of money to cover the applicantrs share of the cost of the road lmprovernents so deternined by the comprehensive traffic study for West Lionshead Circle. 3. A preliminary design and funding strategy for constructing any turn lanes shall be established prior to the issuance of any building pennit and the turn lanes shall be completed prior to the issuance of a temporary certificate of occupancy for the developnent plan unless othenrise deferred by the Town of Vail Conmunity Development Department and Public Works. The funding and construction plan must be approved by the Town of Vail engineer, Connunity Developnent Departnent, Town Council and Colorado Division of Highways before the building perrnit is released for the e:<pansion. The Applicant shall be required to subnit a Colorado Department of Highways Access Pennit Application on behalf of the Tonn for the West Lionshead circle/South Frontage Road Inprovement. A slgned Colorado Department of Highway permit must be obtained by the applicant before a building permit is released unless such permit is not necessary as confirmed by the Town of VaiI Conrnunity Development Department and Public Works. 4. AIl aspects related to the tirne-share estates of this . facillty shall cornply with all applicable Tonn Ordinances that regulate tlne-share activity. Tirne- share estates are only approved for the 56 tine-share units. The 1O employee dwelling unl_ts shall not be allowed to convert to tine-share estates. Time-share unlts that are not sold for certain weeks ehall be nade available to the public as short tern rentals. 5. Detailed landscaping sinilar to the Westin Hotel Iandscaping along the recreation path proposed on Tonn of Vail property shall be submitted by the applicant to the Town of Vail Landscape Architect and Engineer for approval before such proposal is subnitted to the Design Review Board. AlL landscaplng proposed on Tonn of Vail land shall be maintalned by the appllcant. 6. The applicant agrees to regrade, revegetate and repair the drainage on the bank adJacent to the bike path along the southern property llne of the Marriott l.tark Hotel by August 1, 1990. A letter of credlt in the amount of $shall be submitted to the Town of VaiI before second reading of this Ordl.nance. The landscape and drainage work shall be subnitted to the Town Engineer, Landscape Architect and Cornnunity Development Departnent for approval before the proposal is presented to Design Review Board. 7. A ternporary certificate of occupancy shall not be released for The Developnent Plan until all site inprovements have been cornpleted such as sidewalks, landscaping and drainage as set forth on the development plans. If the weather prohibLts the conpletion of any improvement, the applicant shalt be required to provide a letter of credit to cover 125t of the construction costs for these improvements. The construction estimate shall be reviewed and approved by the Town Engineer and Iandscape Architect. The agreement stlpulating how and when the inprovements will be completed and the dollar amount and fom of letter of credit shall be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy nay be released for the developnent plan. I 8. Before a temporary certificate of occupancy is released the applicant shall plat and record a public easenent to ensure public access through SDDT on the proposed sldewalk improvenent on The Development plan. The applicant shall subrnit the proposed easenent agreement to the fown Attorney and Torrn Council for approval prior to recording. 9. The applicant shall not market Time-Share Estates on the streets, public ways or publlc places withln the Town of Vail. 10. No arnplification of sound on the greenspace created by the removal of the two tennis courts shall be al,Iowed for conventions or other special events. 11. Signlficant landscaping including evergreens, deciduous trees, and shrubs shall be provided on the landscape terraces over the parking area. If additlonal structural support nust be added to the terraces to support significant landscaping (as described in the previous sentence), the applicant/owner shall be required to strengthen the structure of the terrace to allow for the landscaping. t2. Additional landscaping shall be provided along the west elevation of the parking structure. A nix of deciduous, evergreens, and shrubs shall be provided of a size adequate to screen the structure as much as possible. The applicant is directed to work wlth Vail Associates on the landscaping buffer. 13. All loadinlt areas shall have additional landscaping and screen fencing. 14. The anendments to Special Development District No. Z are approved conditional upon PlannLng and Environnental Conroission and Town Council glvlng approval to the underlying zone dlstrict request. 15. The ballast on the existing building shall be changed to match ttre color of the metal roof of the proposed addition. 16. The applicant shall repaint the existing Marriott Mark ' in a manner that is conpatible with the new development p1an. The applicant shall also nodify the exlsting balcony railings on the Marriott Mark. These tuo improvements to the existing Marriott Mark shall be incorporated into the Design Review Board and building permit subrnittals for the Developrnent PIan. A temporary Certificate of Occupancy shatl not be released for the Developnent Plan until the repainting and balcony railing work is completed. If the weather probibits the completion of any of the above improvements, the applicant shall be required to provide a letter of credit to cover 125t of the construction costs for these inprovements. The agreement stipulating how and lrhen the inprovements will be cornpleted and the dollar amount and form of letter of credit shall be subnitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy nay be released for the developrnent plan. J. Lirnitation on Fireolaces. Wood burning fireplaces shall not be per"mitted in any dwelling unit, whether a time-share estate or an ernployee housing unit nor in any public areas. Any gas fireplaces shalL meet the criteria set forth in Town of Vail ordinance No. 24, Series of L983 and ordinance No. 28, Series of 1987, as amended from tirne to tine. K. Recreational Anenities Tax.The recreational amenities tax due for the development within SDDT shall be assessed at a rate of $f.oo per square foot of floor area and shall be paid prior to the issuance of a bullding pernit. sEcTIoN 3. sectLons Declared Invalid. If any part, section, subsection, sentence, clause or phase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the rernaining portions of this ordinancei and the Torrn council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be decl-ared invalid. I I If any part, section, subsection, sentence, clause or phrase of Part II conflicts with any Part, section, subsection, sentence' clause or phrase of Part I of SDD No. 7, the langiuage contained in this ordinance shall controL. SECTION 5. Health, Safetv and Welfare. Tfte Town Councll bereby 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. SECTION 6. Repeal and Re-Enactnent. The repeal or the repeal and re-enactment of any provision of the vail Municipal code as provided in this ordinance shall not affect any right which as 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 repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS DAY OF , 1??9 "t.J;';: i" the couiffcharnbers or the VffiTunfIpafBuilding in vail, colorado. Ordered published in full this day of , 1990. t<sNr n. ROSE, !,IAYOR ATTEST: Fallrll a.- gnaNDMEYER, TowN cLERK INTRODUCED, READ AND APPROVED ON SECOND THIS DAY READING OF AND ORDERED PUBLISHED , 1990. FNT R. RosE, MAYoR ATTEST: PA!.lEr,A A. BRANDMEYER, TOWN CLERK o o iaO u ,r rl,'r i,'I(\t\.'ll(-r'1! I + PlannLng and Environnental Conmission Connunlty Developnent Department Augrust 27, L99O A reguest to apply an underlyJ-ng zone dlstrict ofh.tbllc Accoromodation all of Iot 4 and l-ot 7, Block 1, Vall/Llonshead Third Fillng, a EubdivLsion recorded ln Book 221 at Page 992 of the Eagle county, Colorado,Clerk and Recorderrs records, part of l,ot C, llorcusSubdlvlslon, a subdivlslon recorded ln Book 255 at Page 70 of the Eagle County, Colorado, Clerk and Recorderrs recordg and a reguest to apply an underlying zonedistrict of Hlgh Density uultiple Fanily to all of Lot D and a part of Ict C, Morcus Subdivision, a s.ubdivlslon recorded in Book 255, at Page 70 of the Eagle County, Colorado, Clerk and Recorderrs recordE. Both properties know as 715 west Ll.onshead Circle (TheMarriott Mark Resort).Applicant: !!-K Corporation DESCRIPTION OF TflE REOUEST At the Aprll 23, 1990 Planning and EnvLronarental connisslon work eession on proposed amendments to SDD No. 7' the PEc reconmended that an underlying zone district be clearlyldentlfled for this Speclal Development Distrlct. The Plannlng and Envlronnental Connission made thls request of the appllcant ln order to clarlfy the underlyLng zonedistrlct. The Council has also reviewed the original request to apply underlying zoning. At the July 17, 1990 council neeting. Council denied the proposal to appty HDUF underlylng zonlngto tbe entlre SDD. The notion to approve Ordlnance 21 was nade by l{enr lapin and Seconded by xent Rose. The notlonfailed 2-5. Rob l.evlne and Kent Rose voted in favor of the motion and the remainLng five nenbers voted agalnst the notlon (please eee attached ninutes). The appllcant is norr proposing to apply I{DlilF underlylng zonl.ng to Tract 1 (the western portion of the SDD rrhere the parkl.ng str:trcture Ls located) and Public Acconnodatton (PA) underlying zoning to Tract 2, the remainder of tbe sDD. Please see Jay Petersonrs attached letter statlng the rationale for the reguest. r=--+ TO: FROU: DAIE: RE: r. An underlylng zone dlstrict ls defined in sectlon tB.40.o2o,Deflnltions D aa: rUnderlyl.ng Zone Dlstrlctx shall nean the zone dlstrlctexlsting on the property, or J.nposed on the property atthe tlne that the Special Developnent Distrlct -is approved. As stated ln prevl.ous memos, there ls sone questlon as tovhat the underlying zoning waE uhen this Special llevelopnentDistrict nas approved in L977. (please see SectLon II lorbackground and staff research on the underlying zone). A second reason for applying HDMF zonlng to Tract 1 ls toallow for the tl.meshare use. The HDMF zone dlstrict Ls theonly zone distrlct wLthln the Town of Vall that allowstirneshare as a conditional use. In Sectl.on 18.4O.OZO Usesof the Special Developnent District lt states: Determination of pernltted, condl.tLonal and accessoryuses shall be nade by the Plannl-ng and Envl.ronmental Conmission and fonn Council as a part of the formalreview of the proposed developnent plan. Unlessfurther restrlcted by the revl.ew of the proposed Speclal Developnent District, pemltted, conditl.onal and accessory uses shall be linited to those permitted,conditional and accessory uses ln a propertLes underlyln<r zone district... In Bunmary, the purpose of applying HDMF and PA zoning tothe property is to clarify the underlying zone district forthe entlre SDD, allow for the tineshare use, specificallyfor the 56 unlt timeshare expansion on Tract 1, and to alsoprovide a gruide for any future proposals tlrat nay besubuitted to the Town. II. BACKGROT'ND RESEARCH ON THE I'NDERLYTNG ZONE DTSTRICT FOR SDD NO. 7 The staff has pl.eced together a sequence of events relatlngto the Uarrl.ott Uark Resort property. We nust enphaslzethat this Lnf,ornation uaa taken frorn the ConmunLty Developnent Departnent files and is not conclusive. Belowis a eunmary of this research. 1973 The Mark Resort constmcted 74 hotel roona and 14 condominiurn apartnents. Thls oriElnal developnent(east building) ls referenced as havl.ng ttDltFzonlng in an Envl.ronmental Irnpact Report prepared by ilohn Ryan dated tanuary, 1977 (pg 36). Abuildlng pernl-t dated Dtay 31, 1973 also referenceE IIDUF zoning. L977 t977 L97A 1981 1981 1985 Ordl.nance 3 of 1.977 rezonea Lote 4 and ? and aportl.on of Iots 5 and 6, Block 2 Vail Llonshead3rd Flling fron Publlc Acconmodatlon and HDMF toSpeclal Developrnent Dletrlct to allow the developnent of the alte nln a uore lnnovatLveDann6rx. However, Ln revl.ewlng planner staff zone checke Ln the file, Ipt 4 ls rcf,erenced as having llDl,lF, lpt 5 - HDlilF, and Ipt 7 - hrbllc Accounodatlon zoning. Iptr 4 and 5 relate to the western portion of the t{ark property whll€ lot 7 appeara to be the orlglnal lot for the very flretbullding on the eastern portl.on of the rl.te. A resubdivlsion of Iot 4, 5, 6, 7 and 8, Block 1, Lionshead 3rd Fl.llng waa approved by the Plannlng and Envl.ronmental Connieslon. Please note thatthe block referenceB are dlfferent for the sDD Ordinance and for the rcsubdivlslon A bulldlng permlt uag releaeed for the llark Reeort and TenniE club whlch has been referred to ae Phase I (eecond bullding to the west). ordinance No. 25 of 1981 approved a epeclfic developrnent plan for Phase II whlch allowed forthe construction of the conventlon center, parkingstructure, two addltlonal tennls courts and allowed 8 flreplaces ln 8 dwelllng unlts. The bulldlng peralt for the development approved ordl.nance No. 25, conmonly called Phage II waB released. The request for tluesharlng for Phase II was denled by the Planning Staff. Tble reguest proceeded to Plannlng Corunission and the appllcanttabled lndefLnltely. Fron this research, Lt appearE that the Speclal DevelopnentDlstrl.ct actually trad two underlylng zone dletrlcts. the eastern I-ot 7 had been Pttbllc Acconnodatlon Zonlng.llorevcr, thle confllcte wl.th ilohn Ryan.s .reference to l,ot 7 as beLng zoned HDMF Ln hls EIR. Ipts 4 and 5 whlch are tothe west of Iot 7 appear to have been zoned HDUF. Staff aleo contacted John Ryan, who prepared the orlglnal EIR in L97?, Jin Ianont who,sas on the Plannlng Staff rhenthe uarriott lilark was revlewed Ln 1977, Danny corcoran, aurvoyor of Eagle Valley Englneerlng and Totn Brlner,Archl.tect for the llarriott Recort and Tennls Club ln orderto flnd out any addltlonal zoning Lnfornation. 3 fn dl.scusslng the Lssue wlth Jln Ianont, he stated that alllots Ln the Town before 1974 had zonJ.ng. He also agreedtbat the site probably had either Publlc Acconmodatl.on or IIDMF zoning orlglnally or a conblnatlon thereof. ilohn Ryanhad no recollectlon of the previous zonlng. The otherpartlee contacted were unable to provlde the staff wlth anydeflnitlve underlying zoning lnfonnatlon. Suffice Lt to eay, that the uestern property appeare to have been zoned HDUf. fn the zonlng analyeis eectlon of the Demo, staff has conpared the proposed SDD to flDUF and nrbllc Accopmodatlon zonlng as well as the conblned HDUF/PA zonlng. The naJor dl.fference is that ltubllc Accouodation zoningalloss for rnore GRFA per elte area (.801 whtle HDUF allowsfor a .60 GRFA per slte area. In respect to parklng, HD!{Fstatee that 75t of the parklng uust be ln a building or screened whlle PA zonlng states that ?5t of the requlredparking shall be located within the Fain bullding and hiddenfron publl.c vl.ew. HDITIF aleo allows for the tLneshare use.In all other respects, the two zone dLetrl.cte have baslcallythe sane requirenents. If I. ZONfNG COI,IPARISON The existing and proposed Special Developnent Dletricts have been coupared to the developrnent allowed rith underlylng zoning on Tract 1 of HD!{F and Public Accourodationunderlylng zoning on Tract 2 on the attached chart. (Please note all caleulations include the 10 enployee housingunits). The existing special Developnent Dlstrl.ct and the proposed SDD both exceed the HDltf and PA naxinum allowance of 25units per acre. The existing SDD has 34 units and the proposed SDD would have 47 unlts per acre. In respect to GRFA, llDl.ff allows 41,3U sq. ft. for Tract 1.With lract 2, PA zoning allows L22,L33 sq. ft. for a totalof 1631450 sq. ft. Tlre existlng SDD haB 1341000 sq. ft. of GRFA and the proposed SDD has 1961800 sq. ft. of cnfA. The HDMFr/PA zone dLetrlct allors 127 dvellLng units for thesite. The existl.ng SDD has 177 dwelllng .unite and the proposed sDD rould have 243 dwelling units. Ttre helght maxl.mun for EDl,lF or PA lB 48 feet. The exlstlng SDD has a helght of approxinately 85 f,eet at the hl.ghestpoint whlle the new SDD expansl.on area wlll not exceed 48feet. 4 In respect to site coverage and landscapl.ng' both the existlng SDD and the proposed SDD exceed the requirementsfor HDMF/PA. The eite coverage naxirnun ie 55t for HDMF or PA. The proposed SDD has 45t site coverage. The landscaplng nininum l,s 30* of the site. llith the proposed sDD 56t, remains as landscaping. In respect to setbacks, 20 feet is reguired on all sl'des of the property. The bullt sDD encroaches lnto the setbacks in nany areas. The new proposal on the west elde of the property encroaches into tbe 20 foot setback on the sestern property line shere the exlstlng parklng structure (setback of 5r) ls extended to the south. All parking reguirements are met per the Tottn of vall parking code with the allowance of 5 valet parking sp?ce_s. rach tineshare unl-t has 2 spaces and each enployee unit has 1.5 spaces. IV. EVALUATfON OF IINDERLYfNG HDI'{F ZONE DISTRICI FOR SPECIAL DEVEIOPMENT DISTRICT NO. 7 A. Suitabilltv of the proposed zoning. The exlsting zonlng ls Specl.al Developnent Dletrlct for this eite. -a specifl.c underlylng zone dlstrlct ls not ldentified ln the SDD ordinance. For the purpose of clarlty, lt is approprlate to apPly underlying HDMF/PA zoning-to the entire SDD. The intent ie to not tanper ln any way with the exieting developrent on the slte but to provlde an underlying zone dlstrlct that can be used as-a gulde for the ieview of any future proposal-s. In addition, it is appropriate to apply HD!'!F due to the request for tLrnesfrar-tng ior Tract 1. TLnesharlltg ttould no€ be approved for any other portlon of the sDD unleas the appliiant requestei to anend the sDD in the future. B. Is the arnendurent oresenting a convenient. Yofkabl? -consistent with nunlclPal obiectives. Staff prepared a chart titlect |tDevelopnent Analysisrr ln order to -onpare the proposed sDD with surrounding propertl.es. Ae Lndlcated by this chart, there are a irunLer of propertl.es developed beyond what le-proposed on the uar;lolt elte such as the AntlerB' Iandmark, vantage PoJ.nt, ltontaneros, L,l'onsquare Ipdge and the Ooubletree nofel. Staff Lelleves that the proposal is Ln concert ulth nany of the policies outll'ned in the Lnd Use PIan. The-elte ls -ldentlfled as being ln the Resort AcconnodatLon and Servl'ce Cateqorv defined below: trThls area Lncludes activities alned at accournodatLng the overnight and etrort ter:m vlsl-torto the area. Prlnary uses include hotels, lodges, servl.ce stations, and parklng structures (with densltles up to 25 dwelllng unlts or 50 accoumodatlon units per bulldable acre). These areas are orl,ented toward vehLcular access fron I- 70, with other support conmercl.al and buel.ness EerrrlceE included. Also allowed Ln thie catejoryt sould be lnstltutl.onal uses and varl.ouE nunlclpal uses. i (Please see Special Developrnent Distrlct l{eno concernlng this proJect and lts relation to the I€nd Uee Plan and surrounding neighborhood). rn the Irnd Uae Flan analysi-s, a developnent scenarLo was selected baEed on narket demands and the desl.res of the cltizenry. The Plan states (paEe 30): nThe public lnput had shown a general satisfactlonwlth the locatl.on of existing land uses, which was used as the foundation foe the preferred developnent alternative...rt The nost irnportant goals culled fron the publlc meetlngs vere used to fotmulate the Trends Alternatlve. fhese key goals are as follows: A. Conrnerclal Uses 2l Cornnercial growth should be concentratedprinarily in exlsting conmercl.al areasto acconnodate both local and visitor needs.3) New hotels should continue to be locatedprirnarily in the Village and Lionshead areaEi. c. Vl.llaae/Lionshead Core Areas 1) rncreased denslty f,or conrnercial ,residentLal and lodglng uees in the core areas would be acceptable so lonE as theexlstlng character of each area Ls belng presenred Ttrls proposal supports the Iand Use Plan lrkey goalsrr Ln that the expansion occurs ln an already developed areaof Llonshead, the uses proposed support the desire for tLneslrare, and the deslgn of the proposal Ls respectfulof surroundlng properties and the character of the West Lionshead Circle area. C. -Does the rezoninq provide for the qrotil'th of an orderlv'vlable conmunltv? llhe staff belleves that the Speclal DevelopmentDlstrlct orpanslon does provide for the orderly developrnent of the conmunity. l{e belleve that the proJect enhanceg nany of the connunJ,tyts goals outllnedin the Land Use Plan. The tlne share use Le algo specLfl.cally glven support ln the Iand Use Plan. Thesuitabllity for this property for lnflll development is discuEsed in detail in the sDD lemo ln respect totraffic, density, deslgn etc. whlch all. relate toxorderly developnent. rl IV. STAFF RECOI{MENDATION The staff reconmends approval of the application of tbe lllgb Density llultl Fanily zone dletrict to Tract 1 and tttbtlc Accornmodatlon to Tract 2 as underlylng zone districts to the Special Developnent Dlstrict No. 7. lfe belleve the request neets all of the three crlteria for a zonlng revlew. It ls our opinion from staff research that the underlylng zoning on Tract 1 appears to have been HDMF and Tract 2 appears to have been zoned PA and possibly HDMF. By approvlng the request, the underlylng zoning ls ctarified for the extsting SDD and any possible future sDD anendnents. co Eo. -9o oEo(f; E6EE.!z o.ii -9s9ioTO d,*.= ct(D> @r, e ..9o=fGtE=6r CD-.EF6(Uxo- l! ;j oi(r()ct(u FF MINUTES VAIL TOWN COUNCIL MEETING JULY 17, 1990 7:30 P.M. A regular meeting of the Vai'l Town 7:30 p.m., in the Council Chambers MEMBERS PRESENT:Kent Rose, l'layor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert LeV'ine Peggy Osterfoss None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk MEMBERS ABSENT: T0l'lN OFFICIALS PRESENT: The fjrst item was a ten year employment anniversary award to Linda Barca. Ron Phi'l lips gave brief background information on Linda who is a Bus Driver with the Public tlorks/Transportation Department. Skip Gordon made some additional corments, and Mayor Rose thanked Linda for her hard work and her years of service. The next order of business was Citizen Participation. There being none, Council moved on to the third item of business. Item three on the agenda was a Consent Agenda. Based on Counci'l request, Mayor Rose stated a'l I items would be handled separately. Item A was 0rdinance No. 20, Seriesof 1990, second readjng, an ordinance amending 0rdinance No. 10, Series of 1990, Special Development District No.4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be ca1 cu'lated per the requirement of the primary/secondary zone djstrict Section 18.13.080 Density Control; and setting forth details in regard thereto (Applicant: 75% of Glen Lyon subdivision property owners). The title was read in full by Mayor Rose. Kristan Pritz and Shelly Mello made a brief presentation. Jim Gibson stated concerns regarding additional GRFA requests, with She'l ly responding that this change was intotal conformity with current zoning and lot size. Shelly Mello stated there had been no specific reason for the 4,200 square foot restri ction on GRFA in regards to negotiation issue, and that the developer had voluntarily agreed to this provisionjn order to ensure the qua'l jty of the subdivision. Tom Steinberg moved to approvethis ordinance on second reading, with a second coming from Merv Lapin. A vote was taken and the motion passed unanimously 7-0. Item B under the Consent Agenda was 0rdinance No. 23, Series of 1990, second reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as a conditional use "Television Stations" in the Cormercial Core II zone district(Applicant: Vai'l/Beaver Creek Television Network). The full title was read by Itlayor Rose. Mike Mollica stated there had been one change only, and that was to "Section I. Definition of TV Stations.u Bill Perkins, representing the applicant, stated he did have a question in regard to the term "satellite dish," and further questions on the two foot diameter requirement and exemptions. Further discussion prompted deleting the venbiage for satellite dishes from the end of Section I. Peggy 0sterfoss also requested clarification of the production studio and what views would be available to the public. Bi'll Perkins stated the public would be able to view inside the production equipment with seating provided within the studio, and another studio for taping interviews would be on the walkway irmediately to the exterior of that studio space. Rob LeVine moved to pass 0rdinance No. 23 on second reading, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. Mike Cacioppo spoke against the approval of this ordinance indicating that he had a serious problem with the location of televislon studios on the first floor level , in that this has previously been reserved fon restaurant orretail space and should be the continued use in Commercial Core I and II, and thatif the Council were to approve this ordinance, it wou'ld,smack of special privilege and election payoffs." Council was he1 d on Tuesday, July 17, 1990, atof the Vail Munic'ipal Building. Item c under the consent Agenda was Ordinance No. 25, series of 1990, secondreading, an ordinance anending sDD No. 23, uail National Bank, part of Lot D, Block2, Vail Village 2nd Filing, 108 South Frontage Road lJest (Applicant: Vail National Bank Euilding Corp.). Mayor Rose read the title of the ordinance in full. Mike Mollica indicated numerous changes to the "Whereas" section at the beginning of the ordinance had been included based on a request by Merv Lapin. These changes were to acknowledge the singular and unique situation'in which the Bank finds itself. Jim Gibson had questions in regard to future use of this parking facility and theright-of-reverter clause. Specifical1y, he asked whether the reverter c'lause had been Iifted, stating the reverter clause was of some issue because if jn the future the medical facility were not located on this site or if the structure were destroyed and not to be rebuilt, Vail Associates could once again obtain exclusive use of this portion of'l and which would then negate any parking arrangement the Vail National Bank Bu'ilding had w'ith the Medical Center. Larry Lich1iter with VaiI Associates acknowledged the reverter c'lause situation and stated the c'l ause had not been lifted. However, the situation was one with which they had dea'lt. Following discussion, Rob LeVine moved to approve Ordinance No. 25, with a second coming from Kent Rose. At this point, Jay Peterson asked to table this ordinance in order toclarify the reverter clause question. Rob LeVine withdrew his motion, and Kent Rosehis second. Peggy Osterfoss then moved to table this 0rdinance No. 25 to the August 7 meeting, with a second coming from Jjm Gibson. A vote was taken and the motion passed 5-2, with Tom Steinberg and Merv Lapin opposing. The fourth item of bus'iness was 0rdinance No. ?1, Series of 1990, second reading, an ordinance designatlng an underlying zone district of high density mu'l ti-fami'ly to Spec'ial Development District No. 7, comnonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto (714 West Lionshead Circle, Lots 4,7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation, Mark Lodge Condominiums, and Mark Resort & Tennis Club). Mayor Rose read the ful ltitle. Kristan Pritz presented a brief history relating to the application of HDMF zoning to the Specia'l Development District. Because this item had been presented inits entirety at the June 19 evening meeting, Kristan focused on changes that had occurred since that meeting. The GRFA had been reduced to 58,800 square feet, which was a reflection of 56 timesharing units at approximately 1,050 square feet perunjt. Ned Gwathmey, architect for the project, explained that a computer ana'lysis presented a refinement of the p'l an and had altered the original figures and reduced the tota1 GRFA by approximately 8,400 squane feet. Kristan explained the consideration of both the 0rdinance No. 21, as previously stated, as well as Ordinance No.22, relat'i ng to amending the SDD No. 7 to al low timeshare, could be discussed in the same arena, but she asked specifically that individual votes be taken on each of those ordinances. From research staff had put together, it appeared the SDD actually had two underlying zone districts. The eastern Lot 7 had public accommodation zoning. However, that was in conflict with John Ryan, who had prepared the original EIR in 1977 and referenced Lot 7 as being zoned HDMF in hisEIR. Lots 4 and 5, which are to the west of Lot 7, appeared to have been zoned HDMF. Staff recommendation for using the HDMF zone district as an underlying zonedistrict to the SDD No. 7 was then presented. Kristan noted several areas regarding HDMF zoning that made this zoning appear appropriate and applicable to the Marriottsite. Merv Lapin then raised the issue about the appropriateness of the HDMF underlying zoning for all three lots at the Marriott site. A discussion ensued andit was pointed out by the Town Attorney that the underlying zoning would affect the uses specifica1ly for the SDD and that the Council should consider the criteria from the Vail Land Use Plan and whether this was a furtherance of that Land Use Plan. Atthis point, Peter Jamar, Jay Peterson, Kaiser Morcus, Ned Gwathmey, Jeff Jacquard, and John Sweeney were introduced, all as representatjves of the Marriott Markapplication. Peter Jamar responded to suggestions made by members of the Council at the June 19 meeting and indicated that four revisions, commitments, and clarifications were being proposed in a memo from the applicant dated July 10, 1990. 1. GRFA The previous GRFA total proposed was 7I,200 square feet, excluding 4,000 for the ten employee units. After further study and analysis of the floor p1 an, the applicant proposed to reduce the total to 62,800 square feet. Both figures include the 4,000 square feet for emp'l oyee units. 2. Architectura'l features of existing hotel exterior Peter said'l t had been suggested that in addition to their previous commitment to repaint the exterior of the existing hotel , they would study alterations of the balconies in order to improve the building's appearance. Feeling this was an excellent suggestion on the Councjl's part, the applicant was 'investigating various design solutions and agreed to include a new balcony design in the project. -2- 3. Time sharing Due to several questions regarding the timeshare nature of the expans'ion, the applicant had prepared an informational memorandum addressing specific questions and this was included in the Council packet. 4. Left turn lane As a point of clarification, the applicant fully understood that if for some reason the overall funding strategy for Frontage Road improvements is not established prior to issuance of the applicant's certificate of occupancy, the applicant may be responsible for 100% of the cost of the left turn |ane off the Frontage Road to ilest Lionshead Circle with a right of rejmbursement for costs exceeding their fair share at some future date should an overa'l I funding mechanism be put into place. Kaiser Morcus stated that a $4.5 million upgrade had been planned fon the Marriottfacility, and this would include a total refurbishment of the interior as we] I asthe exterior. As far as maintenance of the new building, Kaiser explained there was a reserve fund that had been established which represented ten percent of the tota'l operat'ing fund to upgrade and maintain the new facility. At this point, Jay Peterson reminded Council that the app'licant was establishing underlying zoning and not changing it; that the original zoning had been placed back jn 1973. Cjndy Jacobson presented corments negative to the granting to the approval of this ordinance. Jim Lamont also spoke about the SDD special laws and whether this was being handled in a procedurally correct manner, he noted that with the two zoningdistricts involved in this property and the most restrictive use shou'l d apply. He stated his concern about fractionalization of accommodation units and protecting the bed base and convention business for the Lionshead area, as well as the Town ofVail. Kaiser Morcus reiterated his desire to cater to convention business. EricAffeldt spoke in regard to clarification of the underlying zoning being HOMF, and restated the actual locations of the parcels jn question. Jim Gibson expressed his concern with Ordinance No. 22, the ordinance allowing t'imeshare development at the Marri ott, and stated the report received from the applicant seemed very subjective. He felt that maintenance of privately owned properties was certainly more desirable than the tjmeshare scenario. Merv Lapin then made a motion to approve 0rdinance No. 21, based on his scrutiny of the surrounding neighborhood and noting that the Va'i I Spa across the street currently is zoned HDMF, Antlers CCII, and the Enzian CCII. Tom Steinberg seconded this motion. Tom Steinberg then withdrew his second expla'i ning he believed the eastern 1ot, i.e., the actual Marriott physical facility, was to remain public accommodation, and when he understood this was not so, withdrew his second of that motion. Kent Rose then seconded Merv Lap'in's motjon to approve 0rdinance No.21. Rob LeVine stated that even if the Council approved both Ordinance Nos. 21 and 22 on this evening, if the appl icant wanted to do something outside the current SDD, he would have to come in again for a major amendment to the SDD. lvlerv Lapin called the motion. A vote was taken and the motion failed 2-5, with Rob LeVine and Kent Rose voting for approval of Ordinance No. 21, and the remaining five members of Council voting against. Based on this vote, Jay Peterson requested Ordinance No. 22, Series of 1990, be tabled to the next regular neeting of the Vail Town Council, August 7, 1990. Peggy Osterfoss moved to tab'le Ordinance No. 22 to the August 7 meeting, with a second coming from Rob LeVine. A vote was taken and the motion passed unanimously 7-0. Eric Affeldt then requested a synopsis of the vote, with reasons from each of the Councilmembers to explain their votes. Rob LeVine stated in order to protect the Town of Vail zoning, the entire parcel , i.e., al'l 'lots, HDMF seemed to make the most sense and was a cleaner SDO. There was a pnocess already set up for further review and change and he felt that the Town had explicit protection. Lynn Fritzlen felt it was important to estab'l ish underlying zoning, but fe'l t that any increase in bulk and mass should not be addressed on a singular basis. Tom Steinberg fe'l t that havingsplit zoning on the property was inappropriate. Kent Rose felt much the same as Rob LeVine, stating that the HDMF already existed on this parcel, and he felt that HDMF for the western parcel v{as more appropriate and so shou'l d be acknowledged as the overa'l 1 zoning. Merv Lapin stated that he was against timeshare, although he did feel that HDMF was the appropriate zoning for this particu'l ar parcel . He stated he was against timesharing because of the numerous foreclosure notices he sees for timeshare owners in Eagle County. Peggy 0sterfoss stated she voted against this ordinance because she objected to changing density independent of the approval of the ordinance amending the SDD. Jim Gibson stated he was against the ordinance because of the uncertain quality of timeshare projects, and that HDMF would al1ow the timeshare use. The time being 10:30 p.m., Mayor Rose called for a five minute break. -3- The next item of business was 0rdinance No. 19, Series of 1990, fjrst reading, an ordinance modifying Section 18.f3.080(A) of the Municipal Code of the TOV regarding density contro'l for the primary/secondary zone distrjct (Applicant: Town ofVail). Mayor Rose read the full title of the ordinance. Andy Knudtsen stated this amending ordinance was to correct a typographical error. Mike Cacioppo asked questions in regard to the affect this ordinance would have on his personal property and was satisfied with the input fnom staff. Tom Steinberg made a motion to approve 0ndinance No. 19 on first reading. Lynn Fritzlen seconded that motion. A vote was taken and the motion passed unanimously 7-0. Next was 0rdinance No. 24, Series of 1990, first reading, an ordinance making supplemental appropriations from the Town of Vail general fund, capital projects fund, Conmunities for Drug-Free Eagle Valley fund, special parking assessment fund, Vail marketing fund and the rea'l estate transfer tax fund, of the 1990 budget and the financial plan for the Town of Vail, Colorado; and authorizing the expendituresof said appropriations as set forth herein. Mayor Rose read the full tit'le. Merv Lapin suggested he ordinarily was not in favor of supplemental appropriation ordinances, but in this case, the majonity of items were rollovers from 1989 and passage was appropriate. Jim Gibson moved to approve 0rdinance No. 24, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. The next item of business was Ordinance No. 28, Series of 1990, flrst reading, an ordinance amending the plan document of the Town of Va'i I employees' pension plan; and setting forth details in regard thereto. The full title was read by t4ayor Rose. Charlie t,lick stated that the next three items,Ordinance No.28,0rdjnance No. 29, and Ordinance lrlo. 30 were nearly identical documents, that state law requires separate documents for police and fire as opposed to Town of Vail employees' pension p'lan, and they must be reviewed independently of each. llerv Lapin moved to approve Ordinance No. 28 on first reading. Lynn Fritzlen seconded that notion. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 29, Series of 1990, first reading, an ordinance amending the Town's Po1 ice and Fire pension plan document subject to approval by sixty-ftve percent (65%) of the Town's Police and Firemen; and setting forth details in regard thereto, was next on the agenda. Mayor Rose read the title in fu1 'l . Charlie l,lick stated that an election had been held on July 2 and 3, 1990 at the Vail Municipal Bui] ding for the Town of Vai'l and the results were as fol'l ows. The Town of Vai] has 15 sworn fire personnel with 13 votes cast for amendment six; one vote against amendment six; and one fire personnel not voting; therefore,93 percent voted for amendment six. In regard to the police election, the Town of Vajl has 27 sworn police personnel;22 votes cast were for amendment six; none voted against amendment six; and five pol ice personnel did not vote; therefore, 32 percent of the sworn po1 ice personne'l voted for amendment six. In order to pass, 65 percent sworn personne'l must vote on an issue. Merv Lapin moved to approve 0rdinance No. 29 on first reading, and Lynn Fritzlen seconded that notion. A vote was taken and the motion passed unanimously 7-0. Item ten on the agenda was 0rdinance No. 30, Series of 1990, first reading' an ordinance amending the trust agreement pursuant to the Town of Vall employees' pension plan; and setting forth details in regard thereto. The full title was read by Mayor Rose. This amendment allowed VMRD to have a voting member on the Board of Trustees for the Town of Vail Emp'l oyees' Pension Plan. Merv Lapin moved to approve this ordinance, and Lynn Fritzlen seconded the motion. A vote was taken and the motlon passed unanimously 7-0. Item eleven was an appeal of a P'lanning and Environmental Conrmisslon decision regarding the PEC's denial of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 50, Vail Village lst Filing (l4l East Meadow Drive - Crossroads Condominiums) (Applicant: Sid Schultz for H. l{illiam Smith). Mike Mo'l lica requested that Counci'l upho'l d or overturn the decision of the PEC. The PEC at their June 25, 1990, public hearing had unanimously denied the requested height variance, that vote being 6-0. Merv Lapin stated that he owned 50 percent interest in Unit C-1 of Crossroads, which disqualified him from voting on this issue, so he stepped down from the hearing. Tom Steinberg divulged that he had a 3 percent interest in a mortgage in a unit at Crossroads, but did not feel that was a significant conflict, so he opted to vote on the item. Jay Peterson stated he was an attorney representing the applicant, and Sid Schultz was the archltect on behalf of the applicant. Some discussion ensued in regard to whether other condominium oh,ners had been notified of this request for the use of their collective GRFA, and Merle Sachnoff, who is secretary of the association, stated letters had been sent out to 22 condominium owners with 20 responding they were in favor of this addition -4- and tv'ro votjng against. Rod S'lifer spoke on behalf of the applicant, stating it was important to encourage upgrading of older facilities within the Town of Vail. Lynn Fritzlen voiced her discontent with the procedures stating that she would prefer having a policy statement rather than treating this as a singular item. M'ike MolIica stated no additional parking reguirement would be necessary since the total square feet of the unit, including the addition, would now come to 1,695 squarefeet. Peggy Osterfoss noted that this was not like other in-fill in the Village, and was more an extension of an existing architectural element. Peggy Osterfoss moved to uphold the Planning Comnission's detision for denial of thls request, with a second coming from Kent Rose. Her findings inc1 uded that this would be a grant of special privilege because the building itself is not a physical hardship. A vote was taken and the motion passed unanimously 6-0. At this point, Susie Bruce, who was not represented by counsel , requested an audience with the Town Council to discuss the 'l ease for space currently held by the Town of Vail jn the Vi'l lage Inn project. Her questions related to the term of the lease as wel I as the CPI or adjustment over time, Steve Barwick's recommendation was to compromise, with the market value adjustment after five years. He suggested that an appraiser should evaluate the property. This would guarantee after a five year period of time, the Town of Vail would be getting its equitable leasehold space amount. The Council unanimously agreed and gave direction to staff to proceed with signing of the lease with Ms. Bruce. There being no further business, the meeting was adjourned at 11:45 p.m. Respectfu'l ly submitted, ATTEST; Minutes taken by Pam Brandmeyer thJ n dmeyer,Town C'lerk -5- .3 Jev K. Pe'mnsoN rrrlorNEa f tJrt 'UIT3 !O7 YAIL NATIOTiAL tANK IUILDINC loa toutH FIoNTAoG iOAO wE3t :.i' , vAr. @u)trDo u6t7 UEI.IORANDT'M KRISTAII PRTTZ, TOVW OF VAII,, PI.ANNTNG DEPART}IENT JAY K. PETERSON AUGUST 24, L99O REZONING OF TITE !{ARRIOTT I,TARK TTOTEI, "ALtFHOHCt!O3r a?a€O92 FAI UNE Itctt a7'o467JAY r( rE?cntof{ TO: FROM: DATE: RE: Dear Kristan: The following is a quick synopsis of why we are currently asklng for a rezoning of soo#z to Publi- Aicorn.odation, and High Density Multi-Fanily. During the course of working with the Town Staff and the Planning Connlision it becane evideni that the underlying zone district for sDD#7 was soDenhat confused due to past docr:mentation of SDD#7. Fairly late in the process and during Presentation to the Planning Cornnilsion it was suggested by the flanning Cornmission that in order to clear up any past ionfusion regarding underlying zoning and i'n order to hive a base line froro which to conpare the proposed changes in the Special Development District we should request a rezoning-of the propErty to an underlying zone district. lle therefore conplied with-that raquest. We then subnitted an application to zone the property nHDl.tFtr as that would allow the use for tine-sharing. |Uviousiy the standards set forth in the origlnal SDD Ordinance, as 'amended iron tine to tine, would control the entire proJect. After being passed on fl.rst reading by the Town of Council, the lown CounciL decided not to rezone the Property and turned dovn the Ordinance on second reading. The reasons were somewhat confusing, ho_wever, b19ed upon revietr oi the video tapes of the neetings,- it would appear that tire najor concern was that tine-sharing could then be used in tlre existiig hotel. l{e therefore revised our request for reeoni!9.to ptace a-portlon oi ttre proPerty upon which the existing hotel ls iituatea- in the Public icc-onnoiation zone which woul.d not allos tine-sharing and which best conforns the existing uses and denslty on the eite. it tne sane tine the portion uPon which the tirne-sharing project would be situated rrould Le placed into the High Density iruf€i-fanily zone which would allou the tine-share use and whiclt rould also best conform to the uses and density which lJe proPose. r / ueuorandun I 3:g:=: 24, Leeo li I I r|hile there Ls no 1ega1. reguiretnents f,or the rezoning of the propertyIte felt it was luportant to address the concerns ol ihe r"* 3iiii-"notbe Plannlng CoT'nission to not only clarify past zoning on theproperty, but also to have an underlying zgle district-for couparisonpuryoses only. Durlng the past rown council neetings tbe rezoirinq- i-ssrle was conplgtely blown out-ot shape by Jlu rauoit, glven trre--iactthat the speclal Developuent Dlstrlct ordl.nance contr6li alt faceiJ orthe proJect and tbe underlytng zoning torns no basis tor conti;i---except as stated ln the speclal D'evelopnent Dlstrlct ordinance. If you have any questions please contact Ee at uy offl.ce. ORDINANCE NO. 22 SERIES OF 1990 AN ORDINANCE AI'IENDING SPECIAL DEVEIOPMENT DISTRICT NO. 7 CoMMONLY REFERRED TO AS TIIE IIARRIOTT ITIARK RESORT AND THE DEVEIPPMENT PI,AN IN ACCORDAIICE WTTH CHAPTER 18.40 OF THE VAIL MUNICIPAL CODE AND SETTING FORTH DETAILS IN FEGARD THERETO WHEREAS, Chapter 18.40 of the VaiI l.tunicipal Code authorizes Special Development Districts withln the Townr and I{HEREAS, Special Development District No. '7 for developrnent of Lots 4 , 7, C and D, Block 1, Vail l-,ionshead Third Filing was originally approved by Ordinance No. 3, Series of L977, and subsequently amended by Ordinance No. 25, Series of 1981 and Ordinance No. 6, Series of 1982i and WHEREAS, the Applicant and Owner (M-K Corporation and Marriott Corporation) desire to make amendments to Special Development Distrlct No. 7; and WHEREAS, the Anendment to Special Development District No. 7 will insure unified and coordinated developrnent within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning Connission has recomrnended approval. of tbe nodification to Special Developnent District No. 7i and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to amend Special Development District No. 7. NOW, TTIEREFORE, BE IT ORDAINED BY THE TOI{N COUNCIL OF THE TOWN OF VAIL, COIORADO, THAT: SECTION 1. Amendnent procedures fulfilled, Planning Commission reDort. The approval procedures prescribed in Chapter l-8.40 of the Vait Municipal code have been fulfilled, and the Tohm council has received the report of the Planning and Environmental Conmission recomnending approval of the proposed development plan for Special Development District No. 7. SECTION 2. Amendnent to Prior Ordinances. Arnendnent Ordinance No. 3, Series of L977, Ordinance No. 25, Series of 1981 and ordinance No. 6, Series of 1982 are hereby anended by the addition of Part fr to read as follows: A. Special Developrnent District No. 7. Part II of Special Development District No. 7 ("SDD?") and The Development Plan as herein after defined and set forth j.s hereby approved for the continulng developnent of Lots 4 , 7, C and D, Block 1, Vail Lionshead Third Filing located within the Town of Vail consisting of 5.og acres (22L,527 square feet). B. Purpose. Part II of SDDT is hereby establj-shed to ensure comprehensive development In the use of an area that will be hannonious with the general character of the Town of Vail and the existing SDDT and to pronote the upgrading and redevelopment of a key property in the Town of Vail. The anendment to SDDT l-s regarded as, complinentary to the Town by the Toltn Council and meets all design standards as set forth ln Sectlon 18.40 of the Municipal Code. There are significant aspects of the Amendnent to Special Development District No. 7 which cannot be satisfied tbrough the imposition of the standards in the existing SDDT or under existing zoning. the amendnent to SDDT is conpatible with the upgrading and redevelopment of the cornmunity while naintaining its unigue character. c. Definitions. 1. Tirne-Share Estate shall be defined as set forth in Section 18.04.420 of the Town Municipal Code. 2. Enplovee Houslng Unit shall be defined as follows: A dwelllng unit as shown on the RedeveJ.opnent Plans, rnarked as Employee Housing Unit. D. Development Plan. 1. A developnent plan for Part II of SDDT is approved and shalt constitute the plan for the redevelopnent of a portion of SDD7. The redeveloprnent plan is conprised of those plans subnitted by Arnold, Gwathmey & Pratt Architects and DennLs Anderson Associates, Inc. as Eet forth below: a. Landscape Plan by Dennis Anderson Associates, Inc. dated ,tune 4, 1990. b. Site PIan, Floor Plans and Parking Plans by Arnold, Gwathney t Pratt Architects dated May 14, 1990. c. Elevations and Sections by Arnold, Gwathney & Pratt Architects dated lilay 14, 1990. d. Environmental Impact Report by Peter Jamar Associates, fnc. dated tilay 10' 1990. The plans listed ln 1 through 4 above shall for the purposes of this ordinance be referred to as rrThe Developnent Planrr. t 2. The development plan shall adhere to the following: a. Setbacks. Setbacks shall be as noted on the SIte "t"" tt*ed above. b. Heiqht. Heights of structure shall be as indicated on the elevations llsted above but shall not exceed 48 feet measure vertically from exlsting or finished grade at any glven point to the top of the flat roof, mansard roof, or to the highest ridge ll,ne of a slopJ.ng roof. c. Site Coveraae. Site coverage shall be as indicated on the site ptan listed above. d. LandscapLncr. The area of the site to be landscaped shall be as indicated on the landscape plan listed above. A detailed landscape plan shall be subnitted to the Design Review Board for their approval . e. Parking and Loadinq. Parking and Loading shall be provided as indicated on the site plan and floor plans as listed above. In no case shall the parking provided on the total site as covered by SDDT be less than 400 spaces. E. Densitv. The existing developnent and conditions for SDDT shall be as defined under ordinance No. 3, Series ot. 1977 and under Ordinance No. 26, Series of 1981 and under Ordinance No. 6, Series of L982. The approval of thiE Part II of SDDT shall permit an additional 55 dwelling units which shall be used as time-share estates and 10 dwelling unj.ts shich shall be used as employee trousing units. The 56 dwelting unLts used for tine-share estates shall not exceed 1o5O square feet of gross residential floor area per unit for a total of 58r8oo square feet of GRFA. The 10 dwelling units used as enployee houslng shatl have a gross residential floor area per unit of approxinately 4O0 sguare feet, and shall have a maximum total of 4OO0 square feet of GRFA. F. Petmitted, Accessorv and Conditional Uses. Time-share Estates and Enployee Housing Units shall be the only per:rritted uses for the 66 dwelting units as set forth in The Developnent Plans. Accessory and Conditional Uses shal} be as set forth in tbe High Density, Multiple Fanily Zone District. Any additional requests for time-share units shalt require a najor amendment to SDD7. tG.Restrictions on Employee Housinq Units. No Enployee Housing Unit shall be sold, transferred or conveyed unless such sa1e, transfer or conveyance is to a non-profit Condominiun Association forned to manage the 56 time-share estates. No Enptoyee Housing Units shall be leased or rented for any period of less than thirty consecutive days and it shall be rented only to tenants who are full-time enployees in the Upper Eagle Valley. The Upper Eagle valley shall be deerned to include the core valley, Minturn, Red cliff, Gilman, Eagle, VaJ-I, Avon and their surrounding areaE. A full time ernployee is a person who works an average of thirty hours per week. An Enployee Housing Unit shall not be divlded lnto any forrn of tfune-share estate, interval ownership or fractional fee. The restrictions contained in this Section 23 shaLl be placed in the Condorninium DeclaratLon for the benefit of the To$rn of Vail and shall not be changed without the consent of the Town of Vail . Each employee dwelling unit shall have a total gross residential floor area of approxirnately 4oo sguare feet. The owner/applicant shall subnit to the Town Attorney a covenant permanently liniting the use of the ten employee dwelling units to long tem ernployee rentals in perpetuity. once the covenant is approved by the Town Attorney, the agreement shall be filed of record in the office of the Eagle County C1erk and Recorder to insure that the restrictions shall run with the land. The covenant shall be recorded prior to the issuance of a building pernit for The Development Plan. The covenant shall include the conditions as set forth in Section 2, ParagraPhs G 1-5 above. H. Amendments. Amendments to the approved developnent plan shall follow the procedures outllned in Section 18.40.100 of the Vail Municipal Code. 1. 2. 3. 4. 5. 6. f. Conditions of Approval for SDD7. 1. A detailed drainage pJ.an and other design issues relevant to publlc works shall be subnitted and approved by the Town of Vail prior to the issuance of a building pernit. Pol-lution controL devises shall be incorporated into the parking garage per the subnitted envl.ronrnental inpact report. core Creek shall be protected from any construction impacts by the use of an erosion control plan. 2. Working in coordination with the Town Staff, tlre applicant shall fund and conduct a comprehensive traffic study of the West Lionshead Circle area suitable for detennining the applicantrs contrlbution to the cost of constructing any necessary turn lanes on tbe South Frontage Road to West Lionshead Circle. Prelirninary design and cost estimates for the turn lanes shall be provided by the applicant. At a miniroun the appllcant shall be responsible for contrlbutinq an amount of noney to cover the applicantrs share of the cost of the road improvements so deternined by the comprehensive traffic study for West Lionshead Circle. 3. A prelininary design and funding strategy for constructing any turn lanes shall be established prior to the issuance of any building pennit and the turn lanes shall be conpleted prJ.or to the issuance of a temporary certificate of occupancy for the developnent plan unless otherwise deferred by the Town of VaiI Community Developnent Departrnent and Public Works. The funding and constructLon plan must be approved by the Town of VaiI engineer, Cornrnunity Developnent Departnent, Town Council and Colorado Division of Highways before the building permit is released for the extrransion. The Applicant shall be required to subnit a Colorado Department of Highnays Access Pernit application on behalf of the Town for the West L,ionshead Circle/South Frontage Road Improvement. A signed Colorado Department of Highway pernit must be obtained by the applicant before a building pemit is released unless such permit is not necessary as confirmed by the Town of Vail Connunity Development Departnent and Public works. 4. AII aspects related to the time-share estates of this facility shall cornply with all applicable Tonn Ordinances that regulate tirne-share actlvity. Time- share estates are only approved for the 56 time-share unLts. The 10 enployee dwelling units Ehall not be allowed to convert to tine-share estates. Time-share units that are not sold for certain weeks shall be nade available to the public as short tem rentals. 5. Detailed landscaping sinilar to the Westin Hotel Iandscaping along the recreation path proposed on Town of Vail property shall be subnitted by the appllcant to the Town of Vail Landscape Architect and Engineer for approval before such proposal is subraitted to the Design Review Board. A11 landscaping proposed on Town of Vail land shall be rnaintained by the appllcant. 5. The applicant agrees to regrade, revegetate and repaLr the drainage on the bank adjacent to the bike pattr along the southern property line of the Marriott Mark Hotel by August 1, 1990. A letter of credit in the arnount of S shall be subnLtted to the Town of VaiI before second reading of this Ordinance. The landscape and drainage work shall be subnitted to the Town Engineer, Landscape Architect and Communl.ty Developnent Departrnent for approval before the proposal is presented to Design Review Board. 7. A temporary certificate of occupancy shall not be released for The Development Plan until all site improvenents have been completed such as sidewalks, Iandscaping and drainage as set forth on the developrnent plans. If the weather prohiblts the completion of any improvenent, the applicant shall be required to provlde a letter of credlt to cover 1258 of the construction costs for these inprovenents. The construction estinate shall be reviewed and approved by the Town Engineer and Landscape Architect. The agreenent stipulating how and when the lnprovenents will be completed and the dollar arnount and forn of letter of credit shall be submitted by the applicant to the Town Attorney for approval before a temporary certificate of occupancy nay be released for the development plan. I 8. Before a temporary certificate of occupancy is released the applicant shall ptat and record a pubtic easernent to ensure public access through SDDZ on the proposed sidewalk inprovernent on The Development plan. The applicant shalt submit the proposed easement agreenent to the Town Attorney and Town Council for approval prior to recording. 9. The applicant shall not market Tine-Share Estates on the streets, public ways or public places within the Town of VaiI. 10. No arnplJ-fication of sound on the greenspace created by the removal of the two tennis courts sha1l be allowed for conventions or other special events. 11. Signlficant landscaping including evergreens, decl.duous trees, and shrubs shall be provided on the landscape terraces over the parking area. If additional structural support must be added to the terraces to support significant landscaping (as described in the previous sentence), the applicant/oumer shall be required to strengthen the structure of the terrace to allow for the landscaping. L2. Additional landscaping sha11 be provided along the west elevation of the parking structure. A mix of deciduous, evergreens, and shrubs shall be provided of a size adeguate to screen the structure as much as possible. The applicant is directed to work with VaiI Associates on the landscaping buffer. 13. A11 loading areas shall have additional landscaping and screen fencing. 14. The anendrnents to Special Development District No. z are approved conditional upon Planning and Environmental Commission and Town Council giving approval to the underlying zone district request. 15. The ballast on the existing building shall be changed to match the color of the metal roof of the proposed addition. 15. The applicant shall repaint the existing Marriott Mark t in a rnanner that is cornpatible wlth the new developnent plan. fhe appticant shall also nodify the existing balcony railings on the Marriott Mark. These two improvements to the exl-sting Marriott litark shall be incorporated into the Deslgn Revien Board and bullding pemit subnittals for the Developnent Plan. A temporary Certificate of Occupancy shall not be released for the Developrnent PIan until the repainting and balcony railing work is conpleted. If the $eather prohibits the conpletion of any of the above improvements, the applicant shall be required to provide a letter of credit to cover 125t of the construction costs for these improvements. The agreement stipulating how and when the inprovenents will be completed and the dollar amount and form of Ietter of credit shall be subnitted by the appticant to the Town Attorney for approval before a temporary certificate of occupancy may be released for the development plan. J. Linitation on Fireplaces. Wood burning fireplaces shall not be pernitted in any dwelling unit, whether a time-share estate or an ernployee housing unit nor in any public areas. Any gas fS.replaces shall meet the criteria set forth in Town of Vail ordinance No. 24, Series of 1983 and Ordinance No. 28, Series of 1987, as amended from tine to tirne. K. Recreational Amenities Tax.The recreationaL anenities tax due for the development within SDDT shall be assessed at a rate of $r.oo per slluare foot of floor area and shall be paid prior to the issuance of a building pennit. SECTION 3. Sections Declared rnvalid. If any part, section, subsection, sentence, clause or phase of thl.s ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordlnance; and the Tonn council hereby declares it would have passed this ordinance, and each part, section, subsectlon, sentence, clause or phrase thereof, regardless of the fact ttrat any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. I- SECIION 4. Confllct with Part II and Part I of SDD No.7. If any part, section, subsection, sentence, clause or phrase of Part fI conflLcts with any part, section, subsection, sentence, clause or phrase of Part I of SDD No. 7, the language contained in this OrdLnance shall control . . SECTION 5. Health, Safetv and llelfare. The Town CounciL hereby finds, detemines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vall and the inhabitants thereof. SECTION 6. Repeal and Re-Enactnent. The repeal or the repeal and re-enactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which as accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution conmenced, nor any other action or proceeding as conmenced under or by virtue of the provision repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FTRST READING TIIIS DAY OF , 1990 at - p.n. in the coui-qil crrambers of theVaif Municipal Buildlng in Vail , Colorado. Ordered published in full this _ day of ,1990. KENT R. ROSE, lilAYOR ATTEST3 PAI.IEI,A A. BRANDMBYER, TOWN CIJRK INIRODUCED, READ Al{D APPROVED ON SECOND READING A}fD ORDERED PUBL,ISHED THTS DAY OF , 1990. KENT R. ROSE, MAYOR ATTEST: PAl.tEr-,A A. BRANDI,IEYER, TOWN CT,ERK I ]t To: Plannlng and Environmental Cornnission FRoM: Connunity Developnent Departnent DATE: Septenber 4, L99O, REVISED R8: A request for a major amendment to Special DevelopnentDistrict No. 7 (The Marriott Mark Resort) in order to add 56 timeshare units and 10 enployee houslng units at 714 West Lionshead Circle, Lot 4, 7, C, D, Block 1, Vail-Lionshead 3rd Filing.Applicant: MK Corporation, Kaiser ![arcus, and theUarriott Corporation I. TNTRODUCIION A. Proposal Below is a sunnrary of the proposal: - 56 tirneshare units each unit not to exceed 1050sq. ft. for a total of 58'800 sg. ft. of GRFA. one week tineshare intervals are Proposed for eachunit (50 intervals/unLt/yeat). A11 tirneshareunits shall neet Town of VaiI ordinances governlng tlneshare. - 10 employee units at 400 sq. ft. each for a totalof 4OOO sq. ft. of GRFA. Units are permanentLy restrl.cted as employee housing. - Replace two of the western most tennis courts with landscaping to create an oPen green space area. - Iandscape improvements around the pool area. - Pedestrian path connections for general public use ttrroughout the proJect. - Pocket Park for publlc seating adjacent to the Lionshead Recreational Path located on Town of Vall property. - L27 additional parking spaces which provides 2 spaces per dwelling unit and 1.5 spaces per enployee unit per Town of Vail code. 5 spaces are valet. Landscaped terraces are proposed to cover the parking. ' Regrading and revegetation of hillside adjacgnt to Town of VaiI Recreation Path along Gore Creek. - No wood-burninE fireplaces are proposed for any ofthe unlts. - Repaint existing Marriott and alteratl.on to designof exlstLng llarrJ.ott balconies. This addltion would be located on the west end of theproperty and built prlnarily over the exlstlng parking structure. As outllned in the SDD sectl"on of the zoning code, the following nl.ne crLteria are to be used in evaluating the nerlt of the Speclal Developrnent District. It is the burden of the appllcant to demonstrate that subnittal material and the proposed development plan cornply wlth each of the following Etandards or denonstrate that one or more of them is not applicable,or that a practical solution consistent with the public lnterest has been achieved. Development StatLstlcs Site Area: 5.oB Acres 22L,527 sq. ft. Accornmodation Units Dwelling Unlts Employee Units GRFA Meeting Roon (sq.ft.) Ancillary Retail (sq.ft. ) Restaurant/Bar (seats) Parking Spaces Exlsting ProposedDevelooment Development 248 53 o 134, OOO 12 r oOO 1,500 426 273 10 62,800 0 0 0 L27 Total 248 109 10 L96,800 12,000 1r.500 426 400 0 56 II. SPECTAL DEVEIOPIIENT DISTRICT CRITERIA A. The Plannlng and Environnental Connission, staff, and adJacent property owners had concerns about the height and nass of the building. fn response to these connents, the applicant has decreased the height frorn 58 to 48 feet. The mass of the project has been centered ln the exlstlng parking structure footprint. As with the original propoeal, the mass and height of the proposed expansLon have been designed to rrstep- downrr frorn the existl-ng 7-story hotel to a three tofour story elernent along core Creek. In respect to setbacks, on the south side rrGore creek siderr, the new bullding naintains a 20 ft. to 43 ft.setback. On the eide of the project adjacent to theVail Associates parking lot, the expansion of the parking structure would continue an existing 5 footsetback. The actual tineshare building on the southwest corner of the property maintains a rninfunun 20foot setback. The north sl.de or sest Lionshead Circle side of the project maintaLns a 35r setback. View studies have been conpleted from a variety of vantage polnts. The addition conceals the existingparking structure and elininates any open parking on the site except for a few spaces on the northelevation. The addltlon of any new structure will have sone degree of inpact on views. There are no naJor negatlve lnpacts on views fron public spaces. When walklng along west Lionshead Circle in front of the proJect, lnstead of seeing exposed cars, one will view a three story building. Ehe view analysis indlcatesthat the vantage points fron the interstate and the Frontage Road are not affected greatly. The view of tlre l,lountain and ski stopes is substantially naLntained. There are sone inpacts on views from the Antlers (looklng towards Red Sandstone Mountain) ' theresidential area along Forest Road (Iooking toward Potato Patch), and the Vait Spa (looking toward Vail t{ountaLn). From these vantage points, the proposed bullding la blocking either a view of the existing parkLng etrmcture or otber conmercial or residential development. obstructlon of vl.ews of undeveloped nountal.n eides does occur ln some areas. LntecrrLtv and orl-entatlon. B. By terracing the buildlng down to core Creek to relateto the lower density developnent on forest Road andalso the public recreational path and strean corrldor,the appllcant has responded to vLew concerns ralsed bythe publlc at prevl.ous reviews by lowerLng the helghtof the bulldlng by 10 feet. The archltecture of the proposed addltLon doee not mlnic the exieting hotel. Instead, the appll.cant proposeB to relate the two bulldings by the use of complimentary colors. The appllcant haB agreed torepaint the entire exlsting Marrlott proJect ln a Danner which will conplinent the proposed expanslon. Denslty The reEldentlal uses proposed for this facility are consiEtent and conpatible with surrounding developnent. Located in the L,ionshead area, overni.ght lodglng acconmodatLons are appropriate for this sLte. one ofVailrs najor nixed use activity centers, Llonehead lscentrally located and well senred by the Towns transitsystem. At the present time, the site is developed to approxirnately 34.8 units per acre. The development proposed with thiE amendment would lncrease the slte density to approxl-nately 47.8 units per acre (this includes the 10 enployee units). This level of developnent exceeds that pemitted by the Townrs highest density residential district (PA or ltDMtr, 25 dwelling units per acre). Holilever, 47.8 unite per acre is not unprecedented. The Lionsquare Iodge is developed at 55 units per acre, the Antlers is at 60.5 units per acre, the Doubletree is 51 unltE per acre, and Vantage Point is at 71 unlts per acre. The Vall Spa directly to the north is at 17.2 unita per acre and the Enzian iE at 31.4 units per acre. llowever, looking onlv at units/acre ml.sses other planning lssueE. Therelationship of tbe bullding to the site and surrounding neighborhood is relevant. Staff believesthts proJect relates positlvely to the speciflc elte and surrounding neighbors. The denElty proposed for this elte Ls nuch greater than the los density developrnent on the south side of Gore Creek. Gore Cr€€k provides a natural buffer between the low densLty residential developnent along Forest Road and the entLre Llonshead area. This open space provides an adequate buffer between theEe two reEldentl.al areas. Gore creek also setryes as a natural c. barrier deflnlng the physical linlts of the Llonshead core area. Pleise se-e ftre attached chart lndicatlng the existing devel.opnent on adjacent propertLes attached to the zoning Demo. Tineshare The proposed tl.neshare use is acceptable to staff' Tlne;hale would only be allowed in the new sest luffahg through this anendnent. Any-additl'onal tineehaie woul6 reguire that the applican! anend the Joo.- rtfa uae is dncouraged by the L,and uae PIan' llhe ippif"i"i his agreed to c5nply-with all conditl'ons of Town of Vall Ordinances governlng tlmeshare' Tl'meshare proJects generally retaln a higher year round-occupancy ifrai any 6ttrer tourist acconnodation use and thls use iii" r.if within-vait,s poticies to level seasonallties of gruest vislts. Emplovee HousincrGfiffiiffie-staff reguested. seven employee lrousinguni€s. rlri applicant ls-proPosing 10 units or 17'8t' rrrE noustng riif-rorce is-diicussing a possibtllty of a io* or greiter housing reguirement for sDDs' The Marrlot€ proposal has-bee; evolving at tle.sane.time that the ttouling Task Force has been reflntng l'ts pjiicy recomneniations. The staff opinion_Ls that the;6ii;.;i-it p""viains ro high- suarilv ennr9y19-l-it", pL'rnanently ristrlctei. we betfeve the applicant has iaken the ;taffrs original reguest of seven unlts iiiicfr-iggo) ana incr6ased the anount to lo units ."hlch i=-ippr"piiirt. roi tnis soo. The 56 tLrneshare units wiff-ien-erate an enptoyee denrand.of 5 to 7 addltional ttpi"i."". trtts is-dul in part to the fact that the ;i;4fi;-uariiott wirl provide nost of the serrrices for ittt tfn6"hare project. The enployee-demand generated by the expansi6n ls net by the 10 unitE' Assunlng 1.5 parking space for,each of the 10'enployee units, ind tw-o parking-sPaces for each of the 56 [ir"tt"i" unlts- (as p6r Zoninq requireme?!?), the-new il;iG;-iequirendnt ior the pioposed additlon Ls L27 ;F-es: rtie expinsron-or trri elisting structure wLlr riti.iv this reftuirenent. To the best of staffrs fttotf"ig", the farklng reguired. through prevlous ;;;;;Gis'nas ait beei constructed (273 spaces)' As requlred by existlng sDD No. 7 there are to be 273parklng Bpaces on the Marriott property. As wlth anyproperty, the uanagenent and control of parklng spacesls critical to their efficient use. At the present tlme, the westerly parking structure provldes a veryinvitlng envlronnent for illegal parking. Iocating abuildlng over the structure should provlde greater control and lncrease efficlency Ln how these Epaces areutlllzed. 1\ro loading areaE presently exist. Staff will also requlre that the screening of loading areas be addreseed by the appllcant at DRB. In partlcular, the loadlng area on l{est Llonshead Circle to the east ofthe naln hotelre entry nust be landscaped and fenced. D. Conformity with applicable elements of the VaiI Conprehensive Plan. Town rolicies and Urban Desiqn Plans. The Vail Land Uee Plan is the nost relevant docunent to be used in evaluating this development proposal . The project is consistent with a nunberof Eoa1s outlined in this document: 1.1 Vail should continue to grow in a controlled environment, naintaining a balance between residential , conmercial and recreatlonal usesto serve both the visitor and the per:nanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accornmodate nost of theadditional growth in existing developed areas(infilt areas). 2.L The connunity should enphasize itE role as a destination resort while accornnodating thevisitors. 4.2 IncreaEed density in the Core areas is acceptable eo long as the exlsting character Ls presenred through inplenentation of the Urban Desigm Guide Plan and the ValI Villageltaster Plan. 5.1 Additlonal resldential growtlr should contLnueto occur prinarlly in exlsting, platted areas and is appropriate ln new areas where high hazards do not exl-st. E. 5.2 Quallty tineshare units should be acconnodated to keep occupancy rates up. 5.4 Regidentlal growth should keep pace with the narket place demandE for a full range of housl.ng t1pes. 5.5 The existLng ernployee housl.ng base should be presernred and upgraded. Additional employee houslng needs should be acconmodated at various eltes throughout the comunl.ty. These goal statenents provide the fundamental frameworkto be used ln deter::ninlng whether or not addltlonal density is approprlate on this site. As reflected lnthe above goals, this proposal Ls very conErlstent wlththe direction provlded in the Iand Use Plan. *Please note that the Lionshead Urban Design Gulde Plan does not apply to this property. This property lsgeologic hazards Town of Val,l . not affected by any natural and,/orthat have been identified within the F. communitv. The site planning for the addition has changed in tlrat a maJor portion of the addition has been centered over the existing parking structure. The location of the nass and bulk of the building ln thl.s area has allowed the desigmer to reduce the height by ten feet. It has also helped to reduce the building mass along GoreCreek. A portLon of the new development is proposed on what le now undeveloped open space directly south of the exLstlng parking structure. Several aspens will be removed to allow for the building. However, thls open Bpace Le generally not accessible and not anaesthetically pleasing area. 7 G. A maJor elenent of the proposalrs landscape plan is theetlnlnation of two tennis courts. Convertlng this areato functlonal green apace will nore than off-set theloss of open space south of the parklng structure. A maJor concern of the staff is the phyeical relatlonshlp of the building addltion to core Creek andthe recreatl-onal trail. orlginally proposed at 5Etories and wlthin 5 feet of the property line, the addLtion would have seriously inpacted the enJolznent ofthls trail. The bulldLng is nou 20-40 feet fron therear property lLne. lfhe bullding is approxlnately 50- 60 feet fron the recreational trall . The south facade Ls three and four etorles. The locatlon and uass ofthe bulldlng now provides for a confortablerelationshlp with the recreational trail.. Inprovenents to the pedestrian cl.rculation systen include a path connectl.ng to the Gore Creek bike path, a wallnray through the proposed development connecting the l{est Day Lot with other parts of Llonshead, and the developnent of a sidewalk along West LionEhead Circle connectl.ng to an existing sldewalk on the South Frontage Road. This inprovenent is located off the appll.cants property. These inprovernentB are designedto serye not only the proposed development, but aleo to lnprove pedestrian circuLation throughout thls area of Lionshead. staff would suggest that the applicant Lnclude a pedestrlan connection between the west daylot and the LAgCt=ICVel of the parking structure to allow for easier pedestrian accees. We would also aEkthat the onner provide a public pedestrl.an easenent through the property. Internal vehlcular circulation will also be funproved by redesigming the exlstlng parklng structure. currently each level ls accessed Lndl-vidually, resultlng LndiffLcult cLrculation patterns. The proposed' nodl.fications to the structure will introduce interaal clrculatl.on between the three LeveLs of the structure. An aaseesnent of the potentlal traffic i,npacts of this developnent lras been included as a part of the environnental lnpact report. A March 9 addendun tothis report indlcates that a westbound left turn laneoff of the S. Frontage Road onto Weat lJLonshead Circlels needed today based on existing traffic volume.currently, 35 vehicleE nake thls left turn durl.ng the cLrculation. H. p.n. peak hour. Thl.s deveJ.opment would increase thLssl.tuation by 2ot, to 42 vehlcles during the p.n. peakhour. Based on the State of Colorado AcceEE Code, aleft turn lane Ls warranted wlth nore than 30 turns per lrour. Given the 2Ot increaEe ln thls left turn actlvlty,there iE no questJ-on that this improvenent pUgL be completed before the proposed expansion receivee a Temporary Certiflcate of Occupancy. However, thel{arriott addition is not the sole contributor to the need for the left turn lane. Town buses, the llest DayIot and a nunber of other properties are creatlng the need for this lane. Because the Dfarriott Ls the trIast guy tn the doorrr doee not Justify requlring then tofund and construct 100t of this inprovenent. Theltarrlott is responsible for, and is willlng tocontribute to, their falr share of the expense lnconstructing this improvement. There are a number of alternatives for how thlsinprovenent can be lmplenented. The nain lssue wLth each of these alternatives is wlth regard to the tlnlngof the inprovenent. The Tonn will be conpleting a conprehensive transportation plan for the Frontage RoadthlE fall. It is very likely that thls lmprovenentwLll be identified by this plan. Honever, the Town Lsin no position to connlt to funding or a speclfic schedule would assure this irnprovement is in placeprior to conpletion of the Marriott facllJ.ty. This eEsentially puts the burden on the appllcant to develop some mechanisrn for assuring that the turn laneis conrpleted when the addition is finished. Thesinplest way to acconpllsh this is for the Marrlott to fund 100t of this inprovenent. However, thls ls not an equitable solutl-on. other alternatives invoLvlng thepartlcipation of the Marriott, surrounding property owners, and the Tonn are possible, and should be explored to arrive at an equitable solution. Functional and aesthetic landscapincr and open'eoace ln 'llhere are a nunber of significant inprovenents proposedto landscaping and open space throughout thle slte. Forenost anong these is the conversion of two tennie courts to green space areas, a pocket park/pull off area to be developed atong the Gore Creek trail ,landscape improvernents to the beru around the proposed addltion, and landscape funprovenents along Llonshead Circle throughout the length of the property. These changes wl.ll provLde not only functional open space,but also aesthetl.c Lnprovenents to the sLte. llhe pocket park is a positive addition. Staff wouldIike to a€e a plcnic area added to the pocket park and nore landscaping. llhe developer has aleo agreed wlththe staffts requLrenent ttrat the stream bank be regraded and revegetated thlswalls and plpes will also belnto the slope. sunner. The drainage cleaned and integrated In addltl.on, Dore landscaping is reguired along the west elevation of the etructure. A nix of aspens, shrubs and evergreenE Ls appropriate. Staff acknowledEes that the space for plantlng ls only 5feet. However, nore landscaping and a varlety ofnaterials are necessary. As proposed, the addltLon and all related site irnprovenents are to be conpleted in one constructl.on Phase. V. ENVTRONMENTAL TUPACT REPORT The Envlronmental Irnpact Report prepared by Peter Janar Associates (Revised t{ay 10' 1990) surnmarizes any inpacts and proposed rnitigation on p. 32 of the report. The prinary impact areas relate to views, traffic, and the question of additlonal density. These issues are reviewed by Etaff in Sections IIA-Views' IIc & G-Trafflc, and llB-Density. A11 nitigation measures propoaed ln the EIR shalL be incorporated lnto the sDD. VI. STAFF RECOI{UENDATION In evaluating thls proposal , one nust first consl.ddr the fundrnental questlon of whether or not additional development should be consldered l-n LLonshead on thie site. Based on ttre goale of the Vail land Ute Plan, it is appropriate to consider a reguest of this nature. A nunberof goal statenents support the concept of tineshare unitE and infill developrnent Ln the Core areas. The task at hand then, is to evaluate whether the design of tltis proJect is sensitive to all applicable criteria outlined in the SDD section of the zoning code. I. 10 A review of the SDD crlteria lndicates that this proJect is consistent slth the purpose and lntent of thiE zonedistrict. A nunber of Lssues have been raised by the PEC and staff durlng the review of this proJect. In each case these concerns have been addressed by the applJ.cant Ln a nanner that Ls conslstent with the Design Criteria. Parking, clrculation, heLght and nassing, view Lmpacts, enployee housl.ng, and landscaping/open Epace have all been addressed by this development plan. Staff must enphasis the uniqueness of the Marriott l{arksituatLon. There are ver? few siteE within the Town of Vallthat have the capabifity to add this tlpe of density. Staffbelieves that there are unique characteristlcs related tothis sLte that nake it possible to add a proposal of thisscale. Unique factors lnclude: 1. The existing parklng Btructure is in a location that sould actually be Lmproved in appearance with this expansLon. The slte is very well suited for lnfill developnent. 2. The Lionshead area (excluding the Forest Road neighborhood) has slnllar lodging uses, nass, bulk andunitE per acre which are compatible with this tlpe of additl.on. 3. The applicant has maintained a 48 foot height which does not exceed the llnits of tbe Townrs highestdenslty zone district (HDMF or PublLc Accornmodation zonJ-ng) . 4. Ttre propoEed use is in keeping with the Land Use plan goale calllng for additlonal tineshare units and other Land Use policies as lieted in Section IID of the nemo. 5. The EnvLronnental Inpact Report and staff review havenot identlfied any naJor negative inpacts with theproJect. Any lnpacts that have been detetmined by the environmental inpact report have been nitigated in a reasonable fashion 6. the proJect neets parking, setbacks (except on the east slde by the parking structure), site coverage and landscaping requirernents. In fact, the nlninum requLrenentE for site coverage and landscapl.ng are substantlally exceeded by the proJect. 7. The gite has good vehlcular and pedestrian access. Vehlcular traific will use the Frontaqe Road. It Ls not necessary to acceEE the slte through a low denslty resldential nelghborhood. 11 8. The site is located near all of the senrices and aprlnary ski baee area, Llonshead. It is very lpproprlate to allow for inflll developnent Ln an areathat already has a wide varlety of gruest senricea. staff feels lt ls critical to ldentify the uniqueneea ofthis speclal Development Dlstrict to ensure that denelty Lncreases are not deemed automatically acceptable by using the Special Development dlstrLct process. It is also funportant to identlfy the "public benefltrr whLchresults frorn this proJect. Below is a list of the beneflts which are derl,ved fron thls proposal: - Ihe eubstantl.al upgrade of landscapl.ng on thel,larrlott property as well as area adJacent to the recreatlonal path along Gore creek owned by the town of VaiI. - The provision of public walkrtays along west Lionshead Circle through the center of theUarriott site from the West Day Lot. - The entire repainting of the existlng ltarriott Project to conpllnent the proposed e:<panslon. - Enclosure of the existing surface parklng and the addition of landscaped and open area above theparking. This is achieved by the landscaped terraces over the parking area as well as the elinLnation of tno tennis courts. - The provision of 10 enployee housing units whlch have been fully counted in the density and GRFAfor the project. - The provision of additional high quallty tl.meshareunlts which diversify the existlng unlt tlpe and mix and provide Vail with additional destinatlon gueste year-round per the Iand Use plan goal 5.2. staff reconnends apProval of this proposed anendment with the stlpulatLon that the developers/owner meet the following condl.tlons: 1. Deed reEtrictLons llnitlng the use of the ten enployeeunits to long tern enployee rentals in perpetulty ehall be recorded prior to the issuance of a bulldlng pernit. The unl.ts shall meet the conditlons for ernployee housing outlined in Section 18.13.080 810 a-d of the Zoning code except that the units are restrl.cted per:manentlY. L2 2.A detalled drainage plan and other design issues relevant to public workE concerns shall be subnitted and approved prior to the issuance of a buildingpernlt. PollutLon control devLsee ehall be incorporated lnto the parklng garage per the EIR. The creek ehall be protected fron any constructlon iupacts by the use of an erosion control plan. tlorklng Ln coordination wlttr the Town staff, theapplicant shall fund and conduct a cornprehensivetraffic study of the West Lionshead Circle areasultable for deternining the Marriott Markrscontrlbution to the cost of constructing any necessaryturn lanes on the s. frontage Road to west LlonsheadCircle. PrelinLnary design and cost estinates for theturn lanes shall be provided. At a ninl.nun, theappllcant shall be responslble for contributing this agreed upon anount toward the cost of this inprovenent. t prellninary design and funding strategy for constructl.ng any turn lanes shal-l be establl.shed prior to the issuance of any building pernit, and the turn lanes shall be conpleted prior to the issuance of a Tenporary Certificate of occupancy. The funding and construction plan must be approved by the Town of Vall engineer, Connunity Developnent Department, TownCouncil, and Colorado Division of llighways before thebuilding pemlt ls released for the expansion. The applicant shall be reguired to subnit a CDOH acceaspetnit application on behalf of the Town for the West LLonshead Circle/South Frontage Road lmprovement. A sLgned CDOH permit nust be obtained by the applicant before a building pernlt is released. Al.l aspects related to the tinesharing of this facilltyshall conply with all applicable town ordinances that regulate tfuneshare actlvity. Tirneshare J-s only approved for the proposed 56 unit buildlng. The lo enployee units shall not be allowed to convert to tineshare. Any landscaping proposed on Town of Vail land shall be subrnitted by the applicant to the Town of Vail landecape architect and engineer for approval before the proposal is subnitted to the Design Review Board.AII landscaping proposed on Town of ValL land shall be malntained by the applicant. 3. 4. 5. 6. 13 7. The appllcant ehall agree to regrade, revegtetate, andrepalr the dralnage on the bank adJacent to the bikepath along the southern property line of the l,[arrl-ott ltark by Augrust 1, t990. A letter of credit shall be subrnitted to the Tonn of Vail before second readlng ofthe SDD ordinance. The landscape and drainage workshall be eubnl.tted to the Eown Englneer and IandscapeArchitect for approval before the proposal ie presented to Deslgn Revies Board. 8. A temporary certJ.fLsate of occupancy shall not bereleased for the expanslon until alt sLte Lnprovements have been conpLeted such as sidewalks, landscaping, drainaEe etc. If the weather prohibits the conpletl.onof the site l-nprovenents, the applicant ehall be required to provlde a letter of credit to cover 125t ofthe construction costs for these improvenents. The constructLon estlmate shall be reviewed by the Town Engineer and Landscape Architect. The agreenentetlpulating how the site inprovements will be conpleted and letter of credit shall be Eubnitted by the appllcant to the Town Attorney for approval before a temporary certificate of occupancy nay be released. 9. Before a tenporary certificate of occupancy is released, the applLcant shall plat a publlc easernent to insure public access through the site on the proposed sidewalk Lnprovenents. The applicant shall subnit the easement agreenent to the Town Attorney and Town Council for approval before recording the easement. 10. In addltlon, the staff reconrnends that the DEsign Revlew Board address the fol.lowing design issues if theproJect proceeds to DRB: - Addttional landscaping shall be addressed alongthe west elevation of the parking structure. A mlx of deciduous, evergreens, and shrubs should be provlded of a size adequate to screen thestructure as rnuch as possible. - LandscapLng beyond sod should be provlded on the landscape terraces over the parking if posslble structurally. - All loading areas should have additional landecaping and screen fencing Lf necessary. The loadlng area to the south of the Enzian or LrOeteLlo should be fenced. - PedeEtrian access should be provided from the West Day Iot through the lowest level of the parklng structure. 14 - Pentry stalr on the north Efevation ehould be decreaaed ln wldth to allow nore landscaplng. - Tlre north elevatl.on adJacent to ttre parklng stnrcture strlr ghould have rnore wlndows. Irndacaplng rhould be planted along the rtalnay and buildlng. 15 ! TO: FROM: DATE: RE: RBVT8ED 7/L3/9O ValI Town Council Connunity Developnent Departnent June 19, 1990 Sunmary of Planning Cornmission action on a request for a major anendnent to Special Devetopment District No. 7 (The Marriott Mark Resort) ln order to add 56 timeshareunits and 1o enployee housing units at 714 west Ll.onshead Circle, I.ot 4 , 7, C, D, Block 1, Vail- Llonshead 3rd Fillng. on June 11, 1990, the Planning and Environnental connission reconmended approvat of this request with conditions. The motion was made by Kathy warren and seconded by Jim Shearer. The vote was 4-1 for approval of the motion. Connle lbight voted againstthe notion, Chuck Crist abstained and Ludwig Kurz was absent. Connie Knight voted against the request due to her concern about the overages Ln GRFA (70,077 sq. ft. over HDMF allowed GRFA),units per acre"(22 units above allowable under BDUF), and the number of units (115 unlts over HDMF allowable). Below ls a list of the Planning and Environmental CommissionrE changes to the staff conditions for the SDD. The PECrs changes have been indicated in bold type. 1. Deed restrictions lLniting the use of the ten enployee unitsto long tern enployee rentals in perpetuity shall be recorded prior to the issuance of a building pernit. Theunits shall neet the conditlons for enployee housing outlLned ln Section 18.13.080 B1o a-d of the Zoning Code except that the units are restricted pernanentl-y. 2. A detalled drainage plan and other design issues relevant topublic workE concerns shall be subrnitted and approved prior to ttre issuance of a building permit. Pollution control devises shall be incorporated into the parking garage per the EIR. The creek shall be protected from any construction irnpacts by the use of an erosion control plan. 3. Working Ln coordinatLon with the Town staff, the appllcantehalt fund and conduct a conprehensl,ve traffic study of the West LLonEhead Circle area suitable for determining the Marrlott t{arkrE contribution to the cost of constructing any necessary turn lanes on the S. Frontage Road to West Lionshead Circte. Prelininary design and cost estimates for the turn laneE shalt be provJ.ded. At a ninlnum, the appllcant shatl be responsible for contributing this agreed upon anount toward the cost of this inprovenent. I .t 4.A prell.minary design and funding strategy for constructing ;";-a;;-fin3" strait be established prior to the issuance of iiii, t"tiaint permit, and the turn lanes shall be co-npleted p"io"-i" tn6 isguanie of a Temporary Certlf-icate of Scc.tpancv ualug d€f.rrcd Dy tbc Connualty Dsr.loP[.!t ;;il;il;t-eac rulrto lortgl rhe funding and.construction ntin nust be approved by the Town of Vall engineer, E;d";itt be.rei-opn"nt D-epartnent, Totrn Council, and Colorado ;i"f;f;"'oi ntgfri".ys bef6re the bullding pernit Ls released for the e:<Panslon. The applicant shall be requlred to subnit a cDoH access oermff-applicatlon on behau of the Town for the west ;i;ilh;a-circte/souttr Frontage Road inprovement' A Eigned cooff rrertlt musL be obtained by the applicant before a fifthi;;;"r-ft is released uilsea delbrred by tbo coaguttlty Dcvalopic-nt oepartnent end Publlc rorls' All aspects related to the tLnesharlng of-this facility it if f -conpty with all appJ.icable town ordlnances that iiguiate Liirestrare activity. Timeshare is only approved for l[6-pi"p"sed 56 unit buildl.ng.. The 1o ernployee units shall not Le lttosed to convert to timeshare' (Any landscaping) Dctalleo landscaplng aiul.lar to tbe reetitr i"Cif laadsciBln! afoag tbr recreatl.on patb^proposed on Town of V.if tana -Enail be iubnltted by the applicant to the Town oi V"if landscape architect and engineer for approval before ifr" pi"p"sat is-subnitted to the Design levfey_B-oard. Alt ianaicaifng proposed on Town of vail land shall be rnaintained bY the aPPlicant. The applicant ehall agree to regrade, revegetate, and repair iii" alif"age on the bink adJacent to the bike path along the souttrern pioperty llne of the yarriott Mark by Augrust 1, 1990. a ietler -of credit Ehall be subrnitted to the Town of VaiL before second reading of the SDD ordinance' The f-n-s-ape and drainage work.shall be subrnitted to the Town ftrqin""i and Landscape arcnitect for approval before the pi5posar is presented to lleslgn Revies Board' A temporary certificate of occupancy shall not be released i"i tir" exiansion untll all Eite improrrements.have been conpietea 3uctr as sidewalks, Iandscaping, drainage etc. If ifrE-weatfrer prohiblts the cornpletlon of the site iror"r"r"ntsl the appll.cant slall be required t9 provide a iEfte"-or cr6ait to- Lover 125t of the conEtruction costs for th;; inprovenents. The conEtruction estinate shall be i"rrier"a-by ttre Town Engineer and Landscape Architect. The "gr""r.nt 3tipufating low the. site lmprovenents will be "6rpiJtda and- Ietter of credit shall be subnitted by the anniicant to the Town Attorney for approval before a i'eilporary certificate of occupancy may be released' Before a temporary certificate of occupancy is released' the "ppir"""t snirr piat-a publlc easenent to insure public JLLeEs through the site on the prgposed.sidewalk inprovenentel The applican! shalt subnit the easement 5. 6. 7. 8. 9. 'I ,., .,.:. 10. ttarkethg l'-uags lor the relc of tho l$cshare unltc sball be suDuittcdl[r th. Iov! AttorDey by tb|}pplicaat lorapprovtl. !bl.g rordlag grovcrd.ag tlc lartetl.aE of tbe tiuesDarlaE ahall Ds added to tbe gDD ordllllcs. 11. t|o anplltl,oatLoa of sou!6 on tbe gr..!3ltace orogted Dy tbe renoval of tbr tvo tcaal.s oourtg gball be allorrd tor oonvsatl,oDr or other tpealal av€ltr. The followLng itens were staff reconnendatlons to the Design Review Board if the proJect proceeded to that revlew level . The Planning ConniEsion changed these reconmendatione to conditLonsof approval . L2. Slgralflcatrt laadecaplnE Lnoludl.ng rvcr{taes!3, drcl.duougtr.€3, end ghnrbs gball Dc provlded on the landtoape tcrracee ovor tbc partlng ar.!. If, ail|ltloral ltructural supDort nust De added to tbc tlrraceg to suPport algalf,l.oant laadaoaplaE (ae dccorlbed la tbe prevl,out tcatcace) ' thr appll.oant/ouaer ghall Dc requlreC to rtreagthe! tbestructur. ol the tcrrtca to rllou for tbc leadecapl.ng. 13. lddl.tl.oaal landacaplag eball De provldad alolg tbe reet elevatl.on of the partlng 3tructure. A Dl.r ot dcclduous, avergrcrDa, and abnrbg sball Dc provlded of a tiza ad€quateto scrrca tbe attucture as [ucD as posaLDlc. Tbe aPpllcrntls dlnat.d to rorl rlth val.I Assocl,etes on tbe landacapl'ng Duff,er. 11. All loadllg rreas sball bave additloaal landscaplag and scraeD flncl.ag. 15. Tha tDcDAEcrts to Specl.al Developuent Dietrl.ct lto. 7 aro ai)proved condl.tLonal upon Plaualng and EavironneDtal Connlsal.o! aad lora eoulrcll glving approval to the uaderlyLng roDe dlgtrlct r€quest. 16. lbo ballest o! the eriatlng bull0lng aball be obaaged to [ateh tba color o! tbe netal roof of the pro;roseil addl'tlon. In addition, the staff and PEC reconmend that the Design Review Board address the folLowlng design issues if the project proceeds to DRB: - Pedestrian access should be provided from the West Day -Lot through the loweEt level-of the parking structure. ] - The entry stair on the north elevation should be decreased in width to allow nore landscaping. - The north elevation adjacent to the parking structurestal.r should have more nindows. Landscapinq should be planted along the staimay and building. These conditions of approval have been lncorporated into the Special Developnent Distrlct ordLnance. The reconnendations to the Design Review Board w111 be pasaed onto the DRB by the Connunity Development Departrnent. PETER JAMAR ASSOCIATES, INC PI.ANNING. O€VELOPM€NT ANALYSIS' FESEARCH TO: EROI{: DASE: RE: KRTSTAII PRrEZ I PSIER "O'*4J JULY 10, 1990 IdARRIOTT I,IARK RESORI RENOVATION - SPECIAI IEU9BAtsDII!! E'GA}ISION AIID orrcrpnottt DTSERICI *7 AsaresultoftheTorrriCouncil|srevieg'oftheprojectandin response to ="*'Jtl--=tigg"=ti"""'t"at- by aeubers of tlre Tovn council ve wourd like to propose -ttr. toir"ving four revisions, J"rtitt""ts, and clarifications' 1. GRFA. The prev!'ous GRIA total proposeC rras-67'200 square feet, excluaing the 4,ooo sE:Ire--t'eet for-tbe ten enployee units. Aftei iurttrer'study tii-tniiy=i:^of -the floor plans we proPos" ;; ;;eG"-tr'i" t"iii to 5-8'8oo Equare feet' 2.. It has counitmentr'Previous to reoaint trre #!rio=--"t tlre .exis*-tlq-l:T1to rePa if,.Tf; !'ii='*Ii -ii" -"*:'"ii-ng -!:T1', -::^.,:tl*:to reparnE Enc: eif,br=tr'r ,;-il oia"r to luprove tbe;;;r;1;--irteiation or the blll?ti.-. ...,. is an lillirfrIii; ?;i"ir,it-trti= is an excellent :$::f?H ":l;"'"F:' .E lryi:::;i:$il .:;:ij::=" i;=1fl::i3ii:i:: il"'i:.i=n''"1'I "il;ili;';;;is" to propose in tbe nort fetr daYs. i. Tr!{ESEARTNG. Dtre to several -qrues--ions --r-esarcling the tiaeshare nature of tlre e6""=io'" L'e h-":9 PrePared an info:natiorr.i--""totandr:u. "iti"ii:ts :F"?l:+c ques--ions' Tbis nenor"rrid-fs-iiiactrea --ana cai bL included in tlris ueekrs Tourr council Packet' ill"#il::J.li:Hj,i"ffi:i':'llj ' cororado 8r6s7 ' (303) 476'7154 Iffi?t$rt"Ot"'" tsltz Page 2 4. L,EFT fltRl{ IANE. ls a polnt o! c1arlllcatl,onr--re- fi{ly und;ffiEat lt lor EsDe reasott an sverall AnAfng 'etrateEy for Frontage Road _tTprsncuents I'a not cstabllsbcd prlor t6 tssuance of our c-o., re Day !e r-esponsibla tor ioot ot tbe cost o! tbe left turn lane ott of Frontage Eoad to llest Ll.onebead Clrcle uitb a rlgbt o! rel'nbureeuent for costs exceedlng rour fal'r gbarer at roue firb:re date ghould an overall lunding lechanlsu be put lnto place please let ne loow Lf you bave any questlons rcaardinE thcse fl've lteus or any other asPect of tbe Project. I l. r(Ur'I SURTECT D.\TE : vail To;n Council : John Vice Marriott, Mark Resort July 5, 1990 FILE : VIPS O/ohrriE . l.lEM o It is a logical extension of the hospitality business. o The skills and senrices needed to provide customersatisfaction are patently sirnilar to hotels. o Timesharing sells seasons and periods through theentire year bolsterlng periods of low occupancy. o The tlnesharing custoner closely natches the resorthotel gruest profile..upscale, and vacatlon ninded. o The timeshare o<perience is repetitive yet cyclic...it creates brand- loyalty. o The exchange and rental functions bring tourists tothe resort area that night not cone other:wise. F. sweeney(}J President, $dvelonnent As a folL-ovr-up to our recent hearing r wanted to provide addLtionarinforrnation to the councir concerning the timesiaring industry ingeneral and Marriott tirnesharing specifically. our proceeding on June 19 covered rnany issues and a relatively newconcept for most of the council nenbers. Accordingly, the arnount oftirne we had did not afford an opportunity for me Co fully expraj.nor docurnent the programs and facts that we feel makes ourtinesharing operations both unique and superlative. I wouldtherefore like to provide some salient facts about our organizationand industry to rnore fulLy inforrn you about things we ieer nakes-'e Mark Marriott tit:sharing project a good fit for VaiI. ,:---y is Marriott in the tirnesharing business? This is generally thefirst guestion we are asked in municipal presentationi. The answeris quite sirnple. Tirnesharing under the liadership of Marriott andother najor companies such as Hilton, ITT-Sheraton, Disney andRadisson has shed most of its previous poor Lmage. It has emergedto consumers and developers in recent years as a respectablebusiness opportunity especially for hotel ind resort operators. Ithas many positive advantages that have captured the attentj.on of J.arge development organizations, as well as hoteliers: 7 .: :- l- - :-: -i- ',' t -: a- .-j i'cl::r Cc.-r.:.,cilL r, ' (.c..1 o ''he incrustry has reached r.rorr-d-wide proportions with2600 resorts throughout the world in over 40 countries.Ther_e lr-.e _prgsently over l.,600 tirneshari"g """"i1, i"'the United States alone. o There are pnesently over 2.5 mil.tion American familiesthat own tinesharing interests. This r;il"".;t= -; signif.icant portion olf the uprcii" Eor,rr*"" rnarket,and stands as testinony to the acceptance or irr"product. o The industry has emerged frorn uncertainty and larqervovercone the raarketing abuses that tainte-d early v.iuii. o The ;rn-duslry is now. contror-red with meaningfur stateand Federal_regi.-q16tion. Forty seven states i-'' trre u.s.have specific timeshare statutes. o with numerous successfur sEc offerings and wide-spreadreceivabl_es financing through rnajor -fi:.,"r,.iii institutions, che industry 6as u6en accepted bv theinvestment conmunity as a-viabre rinJnciii-""[i"i.l o press.in recent ygars has acknowledged by the tenor ofrecent articles that tinesharing ii a second homealternative for the 199Ors and 6eyond. o The extensive advertislng used in prornotingthe tinesh,aring product ireates iniact thatbenefits the narket area at alr ec-ononic iJvers. o rt presents a business opportunity for revenue andprofits at acceptable risk levels Arl of the above reasons bear on the uarriott decision to enter thelinesha-ring f1gl.d. Ihgv are further re-enroitEa lv- lrii"i"ti;Jlea9^erslip.position Ln hoter and resort manageuent. w" ci".iri-"""Ln the doninant role ln the tlnesharing inddstry toaay, E ;ird;of our entry into the business five years ago. sone specific facts that enhance Marriottrs participatlon in thetinesharing industr.y are: o Our hotels that operate with anclllary tinesharingfacilitles have found that the Marriott trnlsrriirneowner is a congruent fit with the hotel gfuest profilel ,l i'.i'l Tcl'rr Cci:nci1.:..1-. 1r i -l ca,,r}, i-'ag: Three o We have nor..r seen the.t the timeshare owner does infact augment our food and beverage business as wellas positively influence occupanoy. o We have established viable rental and resale prograrnsin our tirnesharing strategic business plan. o we are abLe to take advantage of the positioning ofMarriott operations in preferred narket areas. o The use of hotel facilities and tLe-ins such as frontdesk services gives us a cornpetitive edge and sets theconsunerrs perceived values at higher levels. o Our highly successful Honored Guest Award program dovetails with both hotel and tirnesharingoperations. Looking to the record of what we have accornprished, r have a listedL io; r.:sorts that we have sold out, have in sales, or ha,re invarious stages of active developnent at this tine: Resort/Location Conrnents Monarch at Seapines t22 two BRvillas.125O sf.Hilton Head, SC Sold out in tgeZ. Winnerof numerous design anards. One award presented at a White House cerenony. Sabal Palrns 80 trro BR Villas (1360 sf)Orlando, FL Golf course location adJacent to Marrlottl{orld Center Resort.Sold out in 1987 Royal Palns 123 vlllas (J.250 sf) AIIOrlando, FL ZP,fyZB units. GoIf iourselocation adJacent toUarriott World Ctr Resort. Sold out Spring 1990 HerJ.tage Club 30 1\ro BR vlltas. Sold outHllton Head, SC Ln nine uonths ln 198?. 1430 sf unLts Harbour CIub 40 vlllas-two BR. currentlyHilton Head, SC in sales with sell out in 1990. 1625 sf unite. t .t '1,-,' -r rrr.:-^i-r t I i.9!Ji) D+se:t Springs ViLlasPaln Desert, CA Streamside at, Vail West Vai], CO Paradise Beach ClubNassau, Bahamas Cypress HarbourOrlando, FL Sunset PointeHilton Head, SC Palmeras VillasPuerta Vallarta, l0( Hilton Head InnHilton Head, SC 239 two BR villas. L650 sf.Sales started in L999. Wellahead of projections. AILunits on golf course ne>:tto 850 roo:ir hotel . 39 tsro BR villas. 1250 sf .Developnent in progress.Exlsting 111units in place 135 two BR vill_as. 12G4 sf .Beachfront location. Salesstart in tggo. 500 two BR villas. 1345 sf.Under developnent. Sales j.n progress. 111 two BR villas. 1165 sf.Currently in sales. 200 two BR viIlas, L27S sf.Currently in final stagesof planning. Adjacent to new Marriott resort hotel . Planning in progress for200 beachfront units. Alltwo bedrooro unLts. 1250 sf. The above listed resorts do not .incrude others in prelininary :!ag_es g-r, devetopnent anq .nego_tiat-i_ons . f n nur-l-, n.raii, -G;i;;; the- caribbean, Ariz ona california, Virginra Jna -s-o'uth caroll.na thatwill not cone on stream untll rgdr in-JG;y;6rr. !!9_nronerties_ risted reflect tfunesharing sales l_n excess of l1?s,00o,.ooo nilrion dorrars since uarrioit enllrea aG;;.;ing in 13!1:-1lt:- r_:p_resents 4oo units conpleted ana ttre sare of-zo,-ooornEervar weel<s. The resorts we have under devel0pnent ana inp1?liil?-Stages-shown on the above rist totar an aaaitionir i,roo+unlts trith a retair sales potential of over g4oo,ooo,ooo. ':titii'lic':;:.. Couit:.i.I L,!:.:.' 5, :LigO F.:-ga Five To provide a window on the denographics ancr. satisfaction revels ofour llarriott owners.base, no*Sunbering 40r000 families, I haveprovided sone excerpts fonoin'i"o.p"ndent survey conducted. in 1989vrith the following -data ,"="iling, Satisfaction level: 89g Responsesz 624 otrners responding fron Orland,o resorts38* owners respondin! fron Hilton Head resorts Most irnportant reasons for purchasing Marriott tirnesharing: Reputation of Marriott 462Marriott Exchange System 39gLiked the unlt/iesoit 222Guaranteed acconodations 322Save money on vacations 2ZZ o ''arriott tinesharing owner denographics: Married couples One or nore children at honeAge 35-54 Age sS+ College Degree or higherCollege - non degreeGraduate School degree professional,nanager orself enployed Retlred Salesr/technical tradesGovernnent workers Income Datas Under g4OrOOO $40-50, ooo 950-6o, ooo 960-75, 0oo 975-100, ooo s100-125, OOO S125r0Oo or higher 918 48* 63* 308 79* 86t 40t 75t 8t 10t 4t 6t ?t 13t 18t 231 13t 20t l,',.':-]. .J .ll-" _..- - r'i 1. 'io'.,t,, l.'t-'rultci-]- 5, :.9tO 5 :r. :: E:<change sat:-sfaction at }iarriotL hor{e resort: Very satisfactory Satisfactory Uirsatisf actorv Hawaii Caribbean San Francisco HiLton Head Orlando Palrn Springs CoLoradoCalifornia Bch Cancun Cape Cod LAlSan Diego Puerta Vallarta - New Orleans Washington, D.C - Miami 84-z 158 I6 Level of interest in resort locations for Marriotttirnesharing resorts: 872 85? 7 6?" 76* 692 68t 642 63t 522 6LZ 508 5s8 588 50* 232 * Selection of western areas deemed at higb leve1considering that all owners sanpled were from eastcoast. Palm Desert owners not included in surveysince not officially on MORI owner roles in tggg. For your review f have attached articles fron major neh'spapers andnational magazines regarding tinesharing and J.ts general posture J.nthe eyes of the press. These articles represent independentpositions. I have however also attached some recent tradepublication artlcles on llarriott which reflects sone of the resortactivity nentloned in this Detro. You wilJ. also note that I have attached. two letters from keybusiness people on Hilton tlead fsland. These letters reflect thesentiments about l.tarriott Ownership Resorts in the local coronunity. tbese lndividuals could be contacted for references if deened necessary or appropriate by Council uenbers. \; -'1 i',-. :: : l'c'.r:lt ucu":cil. 5 , Li;9 ir Sevin Ife had previousLy recomnendecl that the Town of Vail pEc contact Mr.Ranon Diazr- chairaan of tlre corur,unity pranning Departnent for parrnDesert carifornl.a. Mr. Diaz was coitacted ii ttrl pEc process, rbelieve. r hope that the docunentation on the preceding pages.has helped youto evaluate our pro-jectrs appropridteness to-vlirrs exceltio-nalenvironnent. we selected vl-lI -tor our hotel and for ourtirnesharing r_esort -- because it rneets our exacting standards, Jusias we are dedicated to neet yours. \o <\:)6 ao 6t\o\ (i t\a\ >=i6-); 3.. -r= =>cr: GI aae, t< F CA o 0 o at |\IU' 17 J\__t I I ^(, c0 o ut o 6<, (.,(, .^ t-ai ==b (5v u bo 90o ==oe*trl .=n Ctffs Club (Ihuai) Owners Neighboring Island Visiton 7A?,?:::" Timeshare Visitor Party F-xpenditures Compared To Other Visitor Party Brpenditurcg Accommodatioru Excluded* $ Per Pany Per DaY Year of Dau Timesharc Ovmen Alt Visitors NI Visiton Awrage Visitor Condo Accommodations' Ratio, Timeshare Visitors'Ib: Condo Accommodations Ha*aii lng Western lng u.s Sanibel/ lng Ft. lvl1crs, Florida Sourh 1984 Carolina Florida 1984 115.83 76.63 98.?9 68.84 5323 N/A l'18.00 lu.@ N/A N/A N/A iTimeshare mairuenance and usc fees excluded Clilfs Club in lQrrai, Hauaii uas sclected as a comparison due to is many similarides to Marrion Ownenhip Rcsort's Pdm Desen project. Bu graph and able arc from 'The Economic Effects Of Timeshare Dadopmcar - Junc 1987" sponsord by the lntemational bundarion hr TimcSharing 0FD. \l'ashingoq DC and conducted ty Ragqg As:T?.t s.3$ pcanlunfn Associates, Eugeng Orcgon n30 5822 90.5? N/A tjt l.r7 t29 N/A !.0 t.0 N/A N/A N/A .(,irl:;ll,r.i- /'D\tEtTlSl)i C SECllOi'l ; i. 1l . i.t l ;.1 ;Jt ! tl TT 1I: 'ti' f \'./ Triireshare: An Industry Comes ofAge J ne rimcshare industry, u'hich is based on r.he idea of making rcson prop erries accessible to more people, has groun into a 52 billion worldwide busi. ness ovcr thc past n'o decades. One rca- rcn for rhis srcccs has been the estab- lishment of laws and guidelines within the timcsharc industry that guarantee ccrtain stan&rds to the buying public. Sevcral key institutions have emerged widrin the timcsharc indusrrl', working rc lcgidmire and tabilize the busincss. Onc such insdtution is the Amcrican Rcsort and Residential Devcl. opcrs Associatiur (ARRDA), drc rade organization ftr the indusuy. Thcir fob is to rnakc sure the mcmbcrs intercsts, as wcll rs thc incrcsts of thc consutncr, asc bcing mct. They are also ruporsible for cducating thc indusrry ebort ncw legisla- tion ard dcrnlopnrcns. Another rtabilhing force in the indusry is lncnal Intmraticral (ll), r division of thc Worldex Corpontion. lnterval Intetrrational was foundcd by Mado Rodrique, whce gol uas to offer *re world to timeshare participans. This idea created the cxchange proSrams, allowing dmeshare oslrcrs the abiliry to tnde time wirh othcrs throughout the uorld. To do this cffectivcll', ll has sct high sEand.F& for rcsoru *znting to bc a pan of the erchange ncnlork, rsuring membcrs that *rey'rc aecing thc arnc or lra Aucusl 1966 bctter accommodations. The Quality Rating System was developed by lntcr' val Intemational in conjunction with Cornell Univcrsity School of Hotel Adminisnation and is thought of as the roughest in the vacation indusrq'. ?his computeri:.cd worldwide exchange neru'ork is rhe most imgonant dimension of the Worldcx Corpontion, giving reson developen the abiliry to offer othcr regofts to timesharc olvners. Today, lnterval lntemational boasts nearlv 30C,000 individual member fami' lics. who have acquired proprictary intercss in timesharc or vacation o*ncr' shio tcsorts, and 6O? member rcsoru in 45 iounaies around the world' One reputablc Califomia timesharc comDanv is Glcn lvy, a privatcll' held .or*ra,ion based in Corona, Qlifomia' Thc oar.nt company, Glen lvy Financial Gtoup. has bcen considered by lru' Mag' afnc as one of the fasrcst growing pri' almiwrl o,'Pgl34 ffi urt"r, t"* dfu naru 5'Srar Ritnna Bcadr ond Spa a'on' c::c i i1,. i) -.:^. I9?r was ferc Ilut s tar rhir 5 gct nal adu see tiol inr me wc '\b cnl to\ ful nit we thr cv di, su cu if br I b l ( I J I I o siF-clt,L .{ il;\r ; F,T I S I ii (i SE l'il Oll :.1 A reLrtively nerv pnr.luct in the time' shart indusm' is the urben timeshare, n rcson timesharc found in the ciq'. Urban timesharcs are ftn pcople who like to vacnrion or cake tirne off in the ciq'. One'of the hrst examples of this is San Fnn' cisco Suires on Nob Hill. whcrc you're clrxc to everything the city has to offs, with cahle cars right ou$idc your win' dog,. Owning a week or two herc givcs you acccsi to an clcgant l9th'century in'le suite. Thcv offer a txnus proSram that mekes the sr.rite available ro yul ftrr additional dnys with six days notice. Os.ners arc nlso able to trade u'ith other urhan dmesharcs lbund in Ncw Yo* nnd London, akrng rvith the resorts offered bv Il. Urban timcshare has quicklY hicome a product with the highcst demand ratio in the timesharc indusrl" Anothcr innovative company to Rsson Orndorniniums lntemarional, rr rtlucrhle cxchangrc nerwork pn4ram' Thc Mrrrriott Owncrship Resort's nlans firr Catifornia r*ill include a national and intemational nctworking n*em. They are actiwly negotinting for lcrriral sit€s artl arc hofrful of bcing in thc Califomia markerplacc in carly 1989. Primarilv, they arc focusing on thrce areas: the-Glifomia dacn. hcach' frtnt rmxrcnies, and a ski ltnrion' The timeshart proJuct is onc thel fits the wle and financipl rcalities of mrxt rtc.tplc's liues. With t+tc grnuth of dmc' ihaie inm a well'rcgulatcd. trusrwonhr' industry, rvirh excellcnr propenies nnd scrvices arnilahle' lhclc's no doubt lrult ii[ii* titt will hcconre in*olved in ;;i;;;*hiP in the dccedc ahcari ii.t'irit.n oi,l it hst: "Timcharing h:: nourhcre ttr 6nr but uP." "WriH Tlm, GRowTlJ oF TN/IESHARE INIO A WEII- REGULIIED. TRUSTWORT}IY INDUSTRY, TTIERE'S NO DOL]BT T}IAI MILLIONS MORE \ULL BECOME I]'WOLVED IN VACIIION OWNERSI]IP IN TIIE DECADE A}DAD.,, c,.;::i;r;r:C fr::n Jr:r3r 126 vsccly hcld comliini.s t:ver the past tlrrtc 1'c:rrs. TIrcy lrc tirt first vac:ttit:rr tri r,er::hip tievcli:lter tr) inisr, sul)srantiill ;,.r:iijs rhrou3h rhc slrle of securitics, i.r:riiirrg 5{ l.? nriliiirn. Clcrr Ivy Financial Criiup is irlstr ni:ric up of a s.rlcs :rnd rnarkctirrg divi. si()n, r!'son develtrprnent, FtoPert)' tnilll- illclncntr travcl conrpanl' and c()nstruc' ti(nl c()mpen). lt hirs resorts in Califor- niu, Tcxas. Utah and Hrtrvaii, ri'itlr irlirns for new revrns in Palrl Dc'sen, Big Bc:rr, lr4i:ui a:rd llong Califrrmia's corst. line. Another asg'ecr of Glcn lvy resorrs is that you're alwal's buying interesr in rertl estlre itnd, orrcc 60 percent of a resrrrt is soltl our. that res, rrt lrcctrrncs tlrc pro5.crq' of rhe rrsnter's asvrciatir:n, to [x adrnirrisrerr-rl accor,,ling trr the ir o*,n by-lar.,s. C)u'trers are free to chrxxe tlreir osryt luranagerncnt ctrmpany. but in all ciues Glcn 1"1-'s lt4an. agemenr Division lras been chosen to manage the daily business of the resrrn. Califomia Riviera Vaca. ti<rns lnc. is a timeshare company loerted near Dana Point. an area knoun as the Califomia Riviera. Their firsr rimeshare grroject in the arca was the Capistrano Surfsidc lnn, a JZ-unit ccusral hnd reson which sold our in three ycars for $21 millktn. Their newesr pnrject in thc arca is the Rivicna Bcach and Sga Re*rn, offcring a mre vacation feast with ;xnls and sun decks, sfras and game rmrns. along with discounts on grccn fecs at arca golf cr:urscs and mcmbcrshiJr at Dana Hills Tennis Gnrcr. \Acation suitcs in phase onc rr*ill havc 2l one bedroom occan vierv sitcs u,ith 650 squarc feet and nine tu'o bedroom occun views with 850 squarc fect, Prices begin at under $10,000 for r week. Another company to emergc in the vacation rcsort industry is Vacation Rcsoru lntcmarional (VRl), a specialry nunagemcnr company that offers com. plute resort oPctl(ionitl services ttl titne- slrirrc prrrjccts. lvlanzgirrg mrrr: than 30 rL'sort Frofcr(ics, reprcscurirrg 62,0J0 tirncshare ir'tervals, \rRl is rr le;rtlcr irr ris()it llnlrirgcnle nr, Thcl'havc propcr. ties :r'ailatrlc utt rlic crr:tsi of Sirn Diego, Ontrrge Glurrtl' anJ Venttrnt Grunty, in Palrn Springs, )"'hrrrrerel', San Fntrrcisctt, Lrke T:rhoc, Ari:on:r, Cape Corl and Mexico. rccenrly cotnc itlorrg is Cclclrriq, a conr- n:tn y thrtt clrtnplitletrtr lr,te:r'rtl intcnlri,ln,,l hy t:Lr:rilg t itl:csh:' ;e ou'tt- ers rhc ahiliil'ttt tnirl:': l:rst lnitrt:tc gei- :rrv:r','s, unlinriic.l icccss t() resl)n Fr()J)c1- rics, as wcll tts tntvcl hooki;rg ser" iccs' free tnveles checks and c:rr rcntal dis' counts. Thcir nrernbcrship is currentll' approaching 100,000. A recent cttmtnirtnent mirtle rtl tltc tinreslure irrdustry bY thc )r{irrrirlrt Corptrration is a sign tlrirt rlrc irrrJusrrY has ctunc of 'a,le. Vhen askcd if timeshrre u'oulr..l cornPete with thcir hotel division, El McMullen, Vice President in chnrgc of Tilcntitrn owncr' shi1r. slid, "O'r tlre c()l1tnr)'. I t's a cotnplitnentar!'sL'll' mcnt trf our lrospiraliry -nusi' ness. giving us an itrcreirsetJ opJrrnuniry (or exPalrsitrn in rlris fast-grorving segmcnt ol thc vacarion industrY." Tlrerd is tr,r bcttcr exatnPle of tlris svrnbiosis than lr'lar' riotCs nlins for rnaking Mar' rkrtt Hotcl and Villrrs avail' able to their C.rlifomia time' share ou'neni. Manitln ou'n' ers els(t trccotne nlemhcn ol 13. AUGUST 1988 ::+.:s1G" g $,ilt ti!.-ortt5, c.!{tll ro.laz gtn tttav lU': 5 1939 2t'4F-at-r.-!:r2 ---= f? 'Ti;ne-shares ShJd'di-ns Ead Imaee As Bi g,.pp.r3oraiio ;rs Enter iVlarlet ..ly111 .$:4,':-- {i. ,u,i{ r!!rr.r r, . .\rrruresi, .,e, $ ,rr{r,frr.ri.n '.!16r c6c. r Frt^Gr tor rtor rrri trl lrny 4..il,;;; -i; rral 1rl,rl, .ttl crhrr d.rr, cFlrrot. c"n,rl .,".ltff roifc fqrrii ,nii! lTn:l! iu- r.rui. .ii,r. rnd n,!r.,i.,, ,ir.r.,,.r n.jr d. *,r.ilrr..nt n.tcunrt, l n i, stc.9o.., nti _, r^ru. lirn, Fr.,. ;;gri. r.n trlc rrr lrntr. a.'t.r. roorf oerrnal r.a riirii,rfiiri..'' -.I,||.i l6.t.at$ar lirmc{ CarD.. Ar |.|l|n|.,oirL||o ao tait.I1::. q:p. cercrer Drrrrairi x,..ii--u.,.c sl-ri,.,l;.JLcrr.,.r .4.+rro. Co.p. t r. rE t, .Lo$Ur. .na u ltt0 ar*i .[o..lur.a utarr grnnr in tla ti .duc r, t.larrl |t.|,el a*rlc, ,ttrsdcrrrt l'irt,^t in n Ltrl.btir,b. t;r.iq tiD.*r|t r.Lr. - rtr|r.r .... rr.tsca rt t$tl}t..r.yt h |rtt. $. Ftx.l, ttd.[r.]r..rl ry"'i! * 'i!''r"tr' *{ .' i11$"fl*'ed*l;l: - -trr .|'dot CrFn hn lnn t's rh;. r."rr r.r li-i-r.'i.ru'a.a,Crt.- r.|. Drial !.a.n. att. . kautrtoa tl srLn La.3. i aro,ru, .r arlrii.!.!.1 G.er.t D.rrt !||.noir rreriru n*r nrrrri roa9ri..r Crrt.. ti. litt.rr lha.ahrra I l*rft.d, t.t.ir ls't, &Fi;tr t.d.dDt.t|.r||.rr||on. c...t...r -...tir3.li. FraarL..a t t..Lt'r .|At.. ttrilt bFr crr L.t il.r..rtnal. Tt d.a.r. rh*r ir r rr rr. ?b.rtl| |lrlliirirt.-uL.tt rlcu1nr6.111;;,; trg' ric.1rriii r,tr'tt-rct. elt...|a. b dr.rtorrd 16 rk U 5.. rt!.b; -r.i' ;-; r||n|t r lut a.tb.d tLDlt . n.3||l ro lct l|lrlr (t hln . rt]c.ai i-o,r. f.rtr snr- r|'a -..r F |al3. .. rut in ;aac;..unt ltta l, l'ng.clra lrrE ..n. o. t -tr $$u arart trrar tcr et ra aa a.ntr |L tcl at .f|Ir|t'. h.rotFrn. a3!:t!rl'.t |.a Fr aori.l |.ra lr|ra. In ..d. Gi.xr ttFn.rn -a. ,r,.ir l' ..:,Bt-ttrl t L ..t d.. b.F :ij:jitr*ff: it:Ti:".jii :r';ffi1-;Hxffi,T:#: ..or., rr ,.,c,..riJ.ji ':.i;;;: .no. o.. n.t(.. t'.r.. uarr-rrb- tc'rr ra .rr rcr ior'ii h x.t. Cdrt.l OFdFd ('.!.'r.....t8 $r.rtlo.r rr. ro.b nlll[rir|.r, to F||- t ar-t*r.t -gtrr.?.] ffi,,flT"jil g.ri,:-8fl ffir-g,Hs ::i;;H:t&$ T{i:i?tti ..Fili ro ..-rr"' h"r - f..;:il;"i; .r***:il.d ."lfr.H.-s,".i ?t.lil"::.Iir., C U.r. dnr-!-; oiiil" iI *". ..-r.nri !r|. u. r.r,.ir.r..ra tr.i! .l L tt?t 6 .ixr r. r'4. l.. |. r. .tq!'.].U,....r. x.rl -p -reillEgE t|:rl.il tigi..Jg:.:tr trj nin:."ffH iff .''". rr. roir- i; i"-;;;-;il . lrnt c.r.. I.tr-r,.-|.' &.hEa attnd.a roc rf rfj srr rt. ittD|| 9,.r-, lr.ra t-,aFrs! ,t urt.i ri't.n rro Fa T. I 6F.t .t| r .-xbf.'| -!'th tLaar rtlrlr.l I ri_ rfrlaran -!\ Lt artlttL t|6. . tr-t aa.x.rui a- |.a[ a Li a -l8t - d|. |i or.- r.rt,ltloa. aol aa:| taru b L r.r Dg1.*lrg1f,.rt ,.lffi.l.$#:.* lX :;**ifjFJli S:ii.t ff i-.' ri^.. dG;..fi. . -a-5;-;;; ll..trrE|.n -a.f |. t$a .f aI |.|t. Cat ta.. at D aaar|' abr t a. -r!a.-. r.nla s{ iirt I.r. }.x D.-, Ca. at'l a I aa... "fr;::L 1:.l* nEsi!,lffi;8"H irrcr: trr inr '-_;;; _;;; - orr..r_, .. h L. _ F|'r..a{ -O...!rt rr.r it;.',-p|;r iIf,r----tr-F.ld- ti a-rt . C.i.'. i, I l:]to -_-a.a..a' $.-n ra - - ----- tL r..tr h. r--t.F.-ri #ffieffiffi-m ^ _n r.rr.rirr.r. .tffi!.!?,Fl$#i tarra.r (!t ,ilr- it ... -.rrtatb.nrt L , ., | -t ! ::- 5650 lcss titan it rvould cosi to Pul )'o.u r i.iriri-"p in a couple o[ horcl r'ronts for " .t'.ir, "', to,ia1's iucragc ralc o!'S??'c5 a day. B]' the !'car 2000, lvhcn lnal aYcr' ;* ;";! ,oot it .*P..t"c to run 5l6o a lit. it,. .""uut savings will top S2'o)3'. ibur roral oullay $'ill rnctczse' o! coursc, if 1'ou ftttuncc yout Purcllusc' N/rOSl dcyclopars Ol-tcr fivc lO Savcn')'sur iount, uu, intcr.st ratts- tcnd to br high--currcnrl) around l6 o; l7 pc:' "iii. rrt"nr,. io a tc"."t Trcasurl Dc' Dartmcnt ruiing giving lim"sharc o\\'il' 5it'iui "0.'unt:"g-"s sihilar rc rhose oi o,"nat. of scconJ honles' thc.intcresl on thc loan is tar'dcciuctiblr :rs long "..-:ou o"'tt fivc u'ccks or lcss o[ tirne.sitarc untts. Attiaclive as a dcitl sound5' th< dctuils bear scrutinl' llcrc nrc ir fcrf oucstions .vou tleed to havr' answcrcd bcforc signing uP: .. Exacuy trtlat are You buYlng? Tinrc shlring falls into two cll(' 36sij5; QrvttcrshiP and nonorvtt' irship. nrr owncrship. agrcenren: ' tha most conlnlolr. 8lY€s )-oll en inrcrcsl in tlte rcsrl cslals'--ll ls rourt fo:cvcr. lo sil:, $ll! ot nrongag.. Under it non(r$'llcr' shin agrrenrent, !'ou tlsc ttr€ irc' c,rrnnriC,t r ions for I stt ttunrbcr of 1'elrr. Ortttersltrp tltell rcvcrls ro lhc sclkt."-i;;;" dr'r'etoPcrs ju.sr scll ' sttu-t"i i,, tb: rJu'elling uttit:': otlt' crs irtcludr ! !ir:lrc ll: colllllioll i;*jam,l:i;t"l*l#ti'la{Txi.:ffi R yeftrEy sEsem ffif ruftrffiSuse i'. Ti:'ic sharinr, t hat bl;rc]: shccp oi vlr- c:rior: facis. n:11'bt ovcrconring its bad rcp. li uscd to be that nrisleading attd high-prcssurc s:rles tactics, failurcs to dc- livcr on promiscs anci the dilTrcultl r,t srvepoing vacztions s'ith other ltnre sherers marie it r ncar s'astc oi lim: cvcn ro consicicr a timc sharc. But nes stgtc consumcr-proteclion l::u's and comput. erizcci cxchang: netrvorks to makc srvap. ping casi:r hslc turneC.time sharing into a vacstlon oplron rvorlh chcclilng oul- albeil ca;cful!1'. The iciea ir:hind time sharing, or "in- rcn'al orvncship," is that ]'ou Bet !'our"os'n" bcach house or sl:i chalet to rc. turl to foi a sct pcnod of rimc-usualll onc to four wecks-1'car aficr 1-car, s'ith' out tbc hasslcs and cxpense ol'full orYn- ership. You splir the costr of upkccp and tarcs u'ith thc pcoplc n'ho havt bought rights.rc thc othcr u'ccLs. Thc concept has beconrr rc popular that thc nunlbcr of rimc-sharing resons has .iumpcd from jusr eighr in 1973 to morc than 1.000 roirl'. Lrst I'car alonc, sales ror:rlcd ll.9 bilhon. 81' fai the hottest nralkcls arc Fiorica. Hlrvaii. Caliiornia and Colora- dc but :r rime-shrre rsriort cxists in al' nl3sl a.n]' per oi thc s'o:'ld fo:.iust about ::11 pocl;crlcol:. 'lbu car' spcnc 51.500 fg; 3 s'intc: t ceJ. in a crrmpcc one- bccroo:':: lakcsicie condo. or Sa0.0C0 for Ci.ris:r:ras rr'ceh in a trso-stort- r'ilia at Vilias Ocho Clscadas in Pucrtc \ralig:'i:j, tr.icricc-som pletc s'ith nruid service and 1'ou: 6ru'n privatc sl'intmitrg pool. These rlays, cautious time-share bu1,s1a in the marliet lor dream- vacation hiciearvaYs are a lol less likely to get burned !r4ost devclopmerrts scll }'ou your l\'celi for lifc: ctlters, for 25 or 30 Ycars'lu thr U.S., lhc avcragc timc'sltarc s'cek ru::s roug.hl-v !?,50F-jusl Sl50 a lucation ovcr 30 yeers. AdC your sharc o1'the taxeg, insurance and maintcnanct, u'hich avcragc abour 5200 a rvcek, ud the total "oit.s to 5450' Thar's ncarll' .r.--',.. ..fi:l j.-'."j;.-r-^.- . :,..-.j -:;.'-i!*::l: -i:i:-;i* tttj - -;u* " lrcrr sualr ur llri pooi arld clubltousc. 5:rYs Clrrtto:r Uur;, an:.::lorllc] and Frss' roc;ri ol licrort !'roptrtt Orvttcrs y'.ssoci' ::iicrn. siriclt prrbirsircs :: tl'.'\vsl{iicr and : ' r:,'r(rrr}:s o:i lintc shxrins: ".\'i:ji\. buJ' .;r i)jir!'\'c tilel o\'ti lll3 cJ::lnlc:: el(' r:cnrs. Afte; s::lcs art con:plctcd, tlrel' l:::'rt th:,t the ci:r'eio:re: s;ill olns tilcse f:,cilili:r ar:C nos \\':nls lc scll th:r. to i he o\\'r)3rs' associltion." For a frcc srm' nie cols of tlte nc*'sictter. conl3c: lhc RPO.I'.r P.O. 8c... ?595, Norrhbrool:, lll. 60361. c: ar (i:li:36'5635. . How much leBwa)' wlll you havc In plan' nlng vacauons? A r1'pical tinre'sharc in' l:r"al is onc rvecl--cithe: lhe same \\'celi cach ! e3l ot 2 fioalin-r wcel:. $'h:sh rn:3ni ]'ou'l! have lc reouts: a s'eei: eeah !'c?t. lf )ou chocsr "fraciionsl o$ltcr- ihi::." 1'ou'l! gel a nuntbcr oi sccks sirg:rd over lha ycet corresnonding to th. sizc of ]'oui shate. .4 ou3rlet snlte' io: crampic, s'ouici Sivc 1'ou l3 rvccks- mrhsDs ihraa ot fout wcel:s crch saason.' Thcre's a rvat to kecp fronr bcing lo;ke'i into the ssmc \':r:tlion stci oi iinrc slol erch ]'car: Choo',e u rciorl afii;- i3;qi sirh one ol thc rcsorl-erichilncE n:rs'orks. Reson Condon:iniunrs I ntcr' national ctrd lntcrtal lnt cinatiotr:rl' for :ramplc, cr:r heir !'c:: lt3dc 1vggk5 s'itil thous:rnds oi tinre'shars orvncrs sorl:l- rrrcic. ) c,.r'ii p:rl arounC S55 a 1:ca; to beiong :i tn c.rihirngr. rlrr. S70 or so to 5.r:l;t .r'our s eeil fo: e rves;. of conrplrit' b:= t:,jJ( ai cnotirer 1g56;;. i rttci: at l-:i:.; '!:hoc' curing pe:rll ski scascr,. for rurn:ri:. c::: be tracicC for a pe:ri;'s:lts<rn $'eei: :,,'. gn o:e3n rcsor:. ll 1-ou o$ tl olT' i::son tinte, ;-ou'll usualll hsr's to plttt: 3: of;-saeson v::atioa 66 1;111113; $'heic \'.::.: ca,. Fo; b:s: rcsuits. thc cxchrnscs sugScsl lhxt Votl ni:ri:c )'otl: rcqucsts al lcasi t$0 morlths bclorc !ou \\'arll lc' lnrvcl :rttcl llttrt you hc licriblc hl listirtg filrr lltcrtt::tivc lotut ions c'dillcs' . what atc tlrc nros0cct! 0i rcsclltnq? Tin:r- sit:tti:t; should lrr' rtl:r:ii':C irs i: \\'::\' tO strc lilOllct'Ol. \':icalll()ll cOStS- noi ,.,t t rcJl-cSl:rlc itl\'estnrcnt Accord' irrr to Coniolirrl:, an Onraltu ftrn'' thst l:::ncjlcs res:.lcs and lerrtcls of tinrc-share unirg. a tinrc-sharr itrlerYal rvill be ori tirc rrrcrl:c: for arl ilvcri::ie of f I nronths':rllc o\\'rlcn scldonl gct blc!: nrorc tltl:l ;10 tc 60 p:rccnt oi thr origin.:l pttrcltasc prlce in thc resale m:t;liel. Bul tl:al also nrcrns b:rguins for huy- ets. Resale and rcntal lgents rvill put vou in touch s'ith scllcrs. lt's I good ide:r ict chc:I; oul it rcsori h; rentinr a s'ccl: from an owner s'ho s trving to sell' r Could yout annual mslntenance foes ralrlCly e;catate? l)rojects thrl stari ofI :hlrging vcrl lou icis ofien have linrn- ci:l iloblcnrs or cnri up charging shrrpl!' hithcr assessnrut)l:' l.ttc: on' l{os ttrttclt ol tl,. nr,r,tttct'"lrc': fct is b:ill8 scl sloc io builrl :.: furrcl for lrtrlior rcp:rirr'i A tooli rulc of tlrurrrb. s:r]'i nc\\'\lcllcr Ptttr- iishcr Ilurr, is ti.:rt l0 pcrccnr of 1-c:rrlt nlJilllcttirtlcc ltic.'. shotrli! l)c u:)rnlirtl:c(l fo:' tr':aior c\l)cllscr' Ari: l(r rc( tilr r(- sort's scitcciuis for rcplucirrg itctnr suclt as roofs atti itrtcrior dccor:rtiolls lo e!l I fecl for rvltcthc: suflicient funcis ar': bs' inr allocarcc lL1 thc rcservc funC' . 'wl,at ate y0ur legal rtghts.and obllge' tlons? lvlosl si::l< l:r\\'s requirc full dis' atnsut" it1 <icYcloPcts arlo nrotccl \ou b) ultot itt:i "cooiiirS o!i-' pcriod oi tirre: io r O C"'l't in rvhich- to chrnge your nrind aftcr 1'rttr sigrl un. lr{ost strtcs utso rc' eurre ihut iltl cscior* accounl be sc: un lo iJ. ."t. of unfinishtti s'orli shotrld a dcvelon:r oefuuir beforc conrpleting con' sirucuolr. Bui il's $isc to asl: about spc' cliic siru"rions. At( !'or'; liablc if anothe: ot"nai frift lo Pn]- the maintcnancc f(:i i,, nlot, ".t.t.'t'ou shoulcin'r br' lt- 1'ou are bu;-ing a ri;ht to lh: rcrl eslrl<' !'ou shouli bi ctrtJlll ]'oL: tcceive :' ittlc' i,liut"na. poliri, s'hi:l: verift:r tltet 1'ou hlv< thc dccd to thll FroPerl].'' rA'h:rleYer $Uirlilnlr.S you 8ct' gcl thcn: in writing. Tinr':'shurc inrcrcsts lrc rrtii.i-t" thc'staturc oi frauds' z irs' i.qirlti"g tirirl corlttrcl! invo!r'ing .rc:rl ;;; fi rv;ittcn. Artc nc llii:ttst lro\r' ii,rtr,*.rrrlrl i: sxl€snl:tn sccnr: ii's 'igtt-,..',i"t'i"'t. sual'c<! b1 u s:ries pttch ' i,rtii='.ni'i. t::i ticatiorr' Th:t"'s *he:r .,],,..,:t* tt.tit-.,.' :':r:tblc to prontiscs ol:' iii.':tr.'iii dls:rir: s:rii!lir'':tr' l:rLc th<' .",tit,,.," it,ti: o(;id{ o:t yru: ilonrc turf hos rc:ll I h:ri nr()ntrs'i can D|:' Attorna! Clinlor Burr ilkts noleg on a V,'isconsin timt.shate d?veloPm!n'. lot hig consumer.r'ret3htto9 newslatlet sg.500: Tlrc averegc P'r3e ncil! \'(ail Drsne! VJctlS ln stieps eiof tl-and lhe use ol ono weel. a year a'i thc vlstana Fesctl Lare tsuena \4sii' Fta tl buys you e vlllii lh6l ol l: lennts courts and lllree pocls !.S.N3'rrS I r'..3elD R=PCi'I. r*at ?3. 19e! Frr, -r notngsci rn l'c*' lon' \.":. )ii lI "hiiciCirr*r for $ t nfi nriili*n-pius thls yec:r' : i!.:.rr;G!I Owtrcrship Resorts probably will start sales on at least six newVO projects this year -^,',,hiclzv'i!l have a total of over na'l 800 units.Thefirmis starting sales in several new :;tqrkets.That's the biggest bu.rst of growth ever by any vacation ownership company. New projects by, Moniotl Ownership Resorts c Cypress Harbour, Orlando. Cyprcss Harbour, on a 50-acre site within wdk- ing disunce of Sea World, began sales in March with opening prices of S9,5@ to Sll,500 per weck. The plan cdls for 400-plus units. Construction is schedulcd o begin in May with occupur- cy targered for carly '91. Thc project is IvIORI's third in Orlando and is biggest there so far. Thc first two, Royal Palms and Sabal Palms, are part of ManiotCs Orlando hotel complex, which was thc focus of the marketing program. Cpres Harbour is away from the hotel and will go toe-ro-rce with Euroacdvidadc's ncw Dolphin's Court VO projcct in Sca World.r StreamSide at Vail. Vail. MORI's fust ski rcson and 0rc fust propeny it has not built from scntch. l,ocared two milcs east of Vail, StrcamSidc bcgan in the Laa ?G and consiss of lll unis - ranging &om studios o 3-be&oom apanmcns - in four buildings MORI takcs over l? cxisdng unsold unis and plars o build a 39-unit building fcauring drc kind of luxury 2-bcdroom. 2-bath apafirncnut found at its oticrresorts. Also. Marriou plaru to ocpand is hoal at Vail. which will add o MORIb markcting capability thelg.r Unnamcd projccl hreno Vallara, Mcxico. Latcr this spring MORI will bcgin salcs at ic 0rst dcvclopmcnt out- side heU.S., aVO rcsortplurnodfor2lT units on thc grounds of the new bcachfiont lvlarrion 435-rcom hopl in PV. MORI has a 5G50 Mcxican panncr in rhc deat Montcney.bascd SEMEX, the world sccond largcst ccmcnt com- gany. Thc projcct will bc mrrkead on. sitcand in the U.S. Coniaud ut pagc ales bcgan recantly on tluec new MORI projecs, ma*eting pobab ly will bcgin larcr this year on rhrec morc, and this new inventory - ogcthcr with VO projecs already in sales - is cxpcctcd to morc rhan double rhc company's 1989 sales volume to in cxcess of 3100 million dris year, rccording to exccutivc rp and general mamga Bob Miller. Why so many new projecs all at oncc? lt's wcll known tha MORI cxcc W Ed Mc- Mullen, who heads the firm's prcpcrty scarch and dcvclopmcnr acdvitics, has becn scouing t}te dcstination rcsor! arcas of North America for locations for scvcral ycars. Marriott's acquisidon proccdurc and plan- ning/budgeting process for new propcrties is very thoou gh and timc-consuming, For thc most part, thc bulgc of ncw invcnbry is simply thc rcsult of concluding this cxact- ing proccss on a numbcr ofncw locations around thc samc timc, Millcr said. Markcting considcrations hclped bring on Cpress llar- bour in Glando wherc Royal Palms. thc sccond of MORI's first two Orlando projccts, rcccntly sold out And main- taining salcs continuity figued in the purchasc of Harbour Pointc on Hilton Head Islan4 whcrp thc company is looking at a gap bc- nrrccn thc imminent scllout of llarbour Club ud thc sart of salcs for a big ncw project planncd for thc Hilon Hcad Inn sia. Manior docsn't disclosc many details on sales. profiu. and acquisitions, but6c factit is nor invcsting hcavily and moving 88gcs- sivcly o crpand MORI clcarly indicates that thc corporatior is kccn on vacation owncr- sttip. Maniorl inocascd inwstmcntin Oc ficld elso lcn& credcnce o the widely hcld bclicf thet MORI has maintaincd thc lowcst martcdng cost urd tlrcrcforc onc of thc highest profit margins, of any major timeshare dcvelorpcr. MORI is going to this fascr marketing pace witl a product package that is both rcfined ud proven: r llighqudity unit Thc firm's standard two-bcdroom unit cvolved from around l2Cl0 sq. ft" at Monarch at Sca Pines in thc mid-8Os to I ,650 sq. ft. for fic ncwcst villas at Palm Desen (thcrc arc somc srnallcr and larger cxisting uniu at StcamSidc). Inarior design, furnishings, and cquipmcnt havc al- ways bcen hvish. r Flcx timc. MORI switchcd scvcral years ago &om lixed numbcrcd wccks to opcn usc H|GH-OUAIIrY UNtls, lke lhlg one otlhe I'brltog€ Gub ot Flotbour loutn on F0llon H€od F bnd. ore o hoimoil ol MORI'r VO progfom. within seasonal pctiodr - r cyst€m &al af' fords grcatcr vrc*ion Ocxibility fc is ownenl.I Honorcd Gucst tb.in. Thc l*turior VO o*aer has drc option ach ytuof rading his wcel for ltronortd Guest Amrd Poins - good for accornmodadons a lvlstiou hotcls an]'whcre, airtraid, gtd carrenul. This can mcan owncrs havc tlrc oPtioa of, say. r vaca' tion h Europc, payhS crly ircidenul per' . sonal cxpcnscs (lvtORI isrlsoaffiliatcd with RCI).Thc Hqrorcd Gucsr de.in has bccn a powcrful VO salcs ool. Contfuudruz Pge F.3^n n.valanaA, - A^?ilF,A 1a CYPRESS HARBOUR, plonned for 400 unlts-plus. wlll be N,lORl's lhkd ond lorgesl VO proJect In Orlondo. r Resale program. MORI is one of thc vcry fcw VO developers to offer a mcaningful resale program. It is cxpected ro gencrate 55 to Sl0 million in resales this year (in addi- tion to more than S l00 mil[on in ncw sales), according to Miller. Wi$ all these basic etemens in is pocket.' MORI appcars well positioned to roll out new projecs. Ir now has a toul staff of about 500, up &om 300 a year ago. N{iller says 0te ranks of MORI's adminisradve, suppon, and Foduct devclopmcnt saffs arc now prctly well filled out- Yet some people in the industry wonder if MORI has the markcting and salcs rcsourccs to run a subsuntia!- ly incrc:ised num- bcr of locations at a high levcl of cffec- tiven sss. Miller aclmits that thc company is stretched a bir rhin in this depanmenr- Stcpped-up rc- cruiting and rain- ing programs for markedng snlfand salespeople are un- derway. Thc latcsr barch of new projecrs won'tbc rhe last. Millersaid negotiarions for addirional projects are in process, and Ore company continues to seck new propcnies throughout North America. Al0rough he did nor say so. il would seem that cenain prime dcstinadons wherc the company has not yet announccd locations but is known ro be looking for popcnies and/or sites -- Hawaii. for cxample - would havc very high priority. RD esdmates tlnt only nro other vacation ownenhip companies, Fairfield and Gcneral Dcvclopmenq probably will bc in the Sl00 million-plus class this year, and that would place MORI among the indusory's op threc opcrators in 1990. Cohen to vp/rnarketing Beriy Cohe:r u'as reccntly promotcd ro vp/markedng, a ncw post creatcd bg- cause of the "increasingly impormnt role markedng has playcd in rhe growth of thc division," said Roberr A. I,liller, MORI exec vp and general manager. "Barry has played an instrumental role in helping us achievc tlc gradfying success we have cxperienccd in thc last fivc years.' Cohen will hold ovcrall responsibiliry for all Mariotr Owncrship Resons marketing ifforts nationdly and ncw busincss devclopmens inrernationally. He repons directly to Miller. Cohen has bcen involvcd in real esare markcting for ovcr 20 years. He joined American Rcsorts in 1983 as director of telcmarkedng. When AR was acquired by Marriou in 1984, he continued in his tclemarkcdng position until 1986, when he was named direcor of markcting services, and latcr nadonal direcor of marketing. He condnues to be based at MORI hcadquaners in Lakeland, Flcida. New MORI VO projects Cotttittttcd lrom previous page r Unnamcd project, Hilon Hcad Is- land. MORI plans o dcvelop a major VO grojcct on a ?s-aC'G acan&ont propcrty that is now dre sitc of Hilton Hcad Inn. Thc dcvclopmenr will citha bc a hocl plus 190 VO condos or 290 VO condos - in eithcr casc. it will bc thc largest of four timcsharc projects MORI has dcvcloped to darc on Hilon Hcad Island. Salcs pobably will bcgin larc this ycu. r Harbour Pointc. Hilton Hcad Island. MORI has purchased thc land for the finai 25-unitphasc of llarbour Point, a dcvclop mcnt srancd by The Bymc Corporadon, which now has 86 unia in drec buildings. For MORI. Harbour Poinrc's 25 ncw units will bridgc thc gap bcrwccn thc appmach- ing scllout of is 40.unir Harbour Club at Harbour lbwn and is planncd ncw project on the Hilpn Hcad Inn propcrty (see abovc). I Paradise Island Beach Club, Bahamas. MORI is ncgoriating to acquirc $c rcmaining inventory of about4O cxisr- ing unis of this devclopmcnt as wclt as adjacent land where an addidonal 130 unis muld be builu It would bc thc firm's sccond VO locarion ousidc thcU.S. MORI also announccd thc rcccnt grand opcning of thc first 28 villasofisplanncd236 villa rcsort ncxt to Marriott's Dcsert Springs Rcsort & Spa. Thc proje.c opcned for rcservarion salcs carly las! summcr and reccivcd an OK in Oc- obcr from Califomia's DRE to bcgin closing salcs. Although com- pany sourccs acknow- lcdgc somc fallout in sales rescrvadons. $s ovcrall volume of closed salcs in California is bclicrcd o bc on or ahcad of projcctions. Sold out MON propenics include: Hil- ton Head Island - 122-unit Monarch ar Sea Pincs, 36-unit The Hcriugc Club, and (nearly sold out) 40-unirHanbonr Club at Harbour Town. Orlando - SGunir Sabal Palms and 123-unft Royal Palms. FIRSI 26 UNrS of MORI's Desed Springs focillty In Colltornlo were completed r€cenlly. Resort Dewlocment - Aoillg o SEA PINES REAITY A Sea Phus ConQanY August 29, 1988 l.lr. Ben Lagos ?resident Paln Deserc-Rancho llirage-Indian l{eIls Board of Realtors, Inc. 44-475 Honterey Avenue Paln Desert, CA 92260 Dear l.lr. Iagos: l{hen }.larriott Omershlp Resorts, Inc. asked toe to counent on the inter-relatlonship of Harrlottrs ovuershl.P resorEsr the real estate coEDuntty, and the couounity at larger lt vas an assl.gnment I accepted with pleasure. Sea Pines Plantation on Eilton tlead Island ls the Islandrs original plantation cooounity, and eet tbe standard for gateil couounities all over the country. As a snal1 and selective comnunity, Sea Plnes Plantatlou ls particularly senslttve to the balance of tts residentlalr resort and conoercl'al cotoponents. Harrlottrs tnltial vacatlon ownershlp resortr Honarch at Sea Plnes, proved to be not only a cooplenent to our o6st prestiglous oceanfr;nt nelghborhooil of prlvate boDes and vlllas' but also the aource of busliess for The Sea Plaes Real Estate Conpanles, of vhich I ao presldent. Our conpanl,es speclallze 1n Plantatlon ProPertles'trtthpartlcularcophaslsonSeaPlnesPlantatlon.In tggT ,e uere responslble for approxirately $lF nlIll'on-ln aales: one half of all ilLS sales recorded on Hilton Head Island. A portlon of that busiuess derl.ves froo Honarch omers nho uere Contlnued 20 ta Ptncs Grch. l0on llad lslrnd, SC 29928, (E03) 7s'333{ t l{r. Ben Lagos August 29, 1988 attracted .to HiLton Head Island as short-tern resldents, fell ln love with the Island, and electecl to nake it a longer-tero base: either as perroanent or second-hooe residents. Their deoographlcs are in keeping with our typical Sea Plnes Plantatlon property ovner, vhose profile Ls upscale ln lncooe, educatlon, and sophisEication. The transition fron vacatlon ouner to pernanent resident has been a pleasant, one for everyone concerned. Honarch generat,es other eources of real estate business. Approxioately 757 of the people who cooe to the Island to look at Honarch elect Lnstead to look at longer-range property ovnership. And guests of Honarchrs omers often take the occaslon to investlgate the purchase of Island property. The constant toalntenance and updatiug of I'farrlott ormership properties is a key point in thelr attractlveness to neighborlng property onners, to the value of thelr property, antl to the co'n'nunity as a rhole. ilarriottrs uaiotenance and oanagenent standards are exenplary. Marriottts nevest ovnership resort, Eeritage Club at Harbour Tovn [a1so Ln Sea Pines Plantation] is very nuch ln keeplng yith tts ueighbors at one of the Dost prestiglous yacht basls developaeots on the F,ast Coast,. The deuographics of lts otmers are, to the best of ny knorledge, the highest of any otnership resort in the countrjr. I'le look fonrard to serving the continulng nuober of people vbo vill be attracted to the Island by Marrlott' and rho rrlll eventually elect to uake lt thelr hone. , Sincerely, Q,17y'-/r--' Paul T. Frinks Presldent PIF:pc ) . OCEANFRONT IN SEA PD'IES ' August 29, 1988 Col. Russell E. Sweetnan c/o tfid-American Buildlng Corporatton 58 East Franklin Street Centervill-e, Ohio 45459 To the ilenbers of the Paln Desert City Counctl: I understand that l{arriott Omership Resorts, Inc' has selected Paln Desert for the location of a new ovnership resort. Having served as an elect'ed nunicipal official for sixteen yeatsl I understand your concern and applaud your effort to keep your conounity in high esteen It has been ny experience, both.as a long-tioe oy"t."lg,1" past chai.rnan'of the honeovnerst assoclation at 1larriott's ilonarch in Sea PLnes Plantation, that Mariott provides exenplary Danagenent anri uaintenance Bt lts vacatlon oraership properties. Interiors are continuously refurblshed, exteriors are kept in excellent repair, and iandscaplng ls vell attended to' In .aaitron, Marriottts staff ls courteous and businessllke. Hy faoily has enJoyed thls beautlful oceanfront resort .ito"t since lts-lnception, and Irn sure I speak for all of Monarchrs ovners uhen I 88y. that ue look-fontard to Eany years of good relattonshlp Yith Marrlot't. ) 22 PINOS DEt NORTE CONDOMINIUM ASSOCIATION 50 Vdl Vdley Drive P. O. Bor59 / Vril, Colorado 81657 Biltluby47 August 15, 1990 Mayox Kent Rose and The Vail Town Council 75 South Frontage Road h'lest Vail, Colorado 8L557 Dear Mayor Rose: It has come to our attention that the Marriott's Mark Resort Hotel would like zoning changes in order to increase their hotel density by another 53%. hle are all of the opinion that Vail is already becoming too large and instead of the guaint village it once was, it is fast becoming a city of high rise buildings. When we aLL came to reside here many years ago, Vail was like a small European town and that was one of the things that attracted us to it. It has certainly changed. Therefore, it is our opinion to let we}l enough alone. If you change the zoning laws for one, you are setting a precedent for others to foIlow. The Maniott is already a high rise and VaiI is becoming too overdeveloped, resulting in a major loss of our open spaces. Our vote is definitely against changing the zoning laws. Sincerely, or Pinos Del Norte Condominium Association CG/vk PINOS DEL NORIE CONDOMINIUM ASSOCIATTON 6lt0 Veil Velley Drive P. O. Bor 69,/ Vril, Coloredo 81657 p03l47G2'{7 August L5, l99O Mayor Kent Rose and The Vall Town Council 75 South Frontage Road trJest Vai1, Colorado 81657 Dear Mayor Rose: It has come to our attention that the Marriott's Mark Resort Hote1 would like zoning changes in order to increase their hotel density by another 53%. We ate all of the opinion that Vail is already becoming too large and instead of the quaint village it once was, it is fast becoming a city ol high rise buildings. When we all came to reside here many years ago, Vail was like a smal1 European totrln and that rtas one of the things that attracted us to it. It has certainJ.y changed. Therefore, it is our opinion to let well enough alone. If you changethe zoning laws for one, you are settlng a precedent for others tofollow. The Marriott is already a high rise and Vail is becoming too overdeveloped, resulting in a major loss of our open spaces. Our vote is definitely against changing the zoning laws. Sincerely, or Pinos DeI Norte Condominium Association CG/vk t ORDINANCE NO. 32 SerLes of 1990 ^ITTF AN .RDTNAN.E DEsrcNArrNc AN .NDERL'TNG zoNE DrsrRrcr "Irc Cfuo"PUBLIC ACCOI'{MODATfON TO ALL OF I.oT 4 AND I.oT 7, -t fBrrcK L, VAIL/LIONSHEAD THIRD FrL,rNc, A SUBDTVISTON RECORDED 'IN BOOK 22L AT PAGE 992 OF THE EAGLE COUNTY, COIOR,ADO, CLERK AND RECORDERTS RECORDS, PART OF IpT C, I{ORCUS SUBDTVISION, A SUBDTVISION RECORDED TN BOOK 255, AT PAGE 70 OF THE EAGLE COUNTY, COIORADO, CLERK AND RECORDERIS RECORDS AND AN UNDERLYING ZONE DISTRICT OF HIGH DENSITY MULTIPLE FAMII,Y TO ALL OF IOT D ANDA PART OF IST C, !{ORCUS SUBDMSION, A SUBDMSION RECORDEDIN BOOK 255 AT pAcE 70 OF THE EAGLE COUNTY, COLORADO, CLERK AND RECORDERIS RECORDS TO SPECIAL DEVEISPMENT DISTRICT NO. 7, COI,IMONLY REFERRED TO AS THE MARRToTT MARK RESORT' AND SETTING FORTH DETAII*9 IN REGARD THERETO. I{HEREAS, the exlstlng Speclal Development DistrLct No. 7, MarrLott Mark located on L,ots 4, 7, C, D, Block 1, VaLl-Llonshead 3rd FiIing does not indlcate a specific underlyJ-ng zone distrlct for the purposes of establishing uses and actlvities for the Special Development District; and WHEREAS, the appllcation has been made by the MK Corporation, Mark Lodge Condorniniums, and Mark Resort and Tennis CIub to apply underlyJ.ng zone dlstricts to Special Developnent District No. 7i and WHEREAS, the Planning and Environmental Comnission has expressed their desire to clarify the underlying zone distrlct for Special Development Dlstrlct No. 7i and WHEREAS, the application of the High Density Multt-fanlly zone dLstrl-ct as underlying zoning to the Special Developrnent District No. ? will allow the applicant to request the timeshare use for Tract I as described in Exhlbit A; and WHEREAS, the application of High Density Multi-Famll-y as underlyLng zonlng corresponds with the origlnal zonlng for Tract 1 as described in Exhlblt A; and WHEREAS, in accordance wl.th Section 18.66.140, the Planning and Environmental Comnl.ssion on August 27, LggO, held a publlc hearing on the proposed zoning anendment and has subnitted its recornmendation of approval to the Town CouncLLi and WHEREAS, the Town Council has held a public hearing as reguired by Chapter 18.66 of the Municipal Code of the Town of Vail. NO}I, TfiEREFORE, BE IT ORDAINED BY TIIE TOWN COUNCIL OF THE TOWN OF VAIL' COIPRADO, AS FOLIOWS: Section 1. The Town Council flnds that the procedures for a zonlng amendment as set forth in chapter 18.66 of the Municipal Code of the Town of Vail have been satlsfled, and all of the regulrementa of the t*tunicipal Code of the Town of Vail relating to zoning amendments have been fully satisfied. Section 2. - D __1*nA qlCouncil hereby designates an underlying zone d.istrict of .^0"{+bFChccommodatLon to all of Lot 4 and Lot 7, Block t, VaiI- rtt"i.rllionshead Third Filing, a subdlvision recorded in Book 221 atn Page 992 of the Eagle County, Colorado, Clerk and Recorderrs records, part of Lot C, ![orcus Subdivision, a subdivision recorded in Book 255 at Page 70 of the Eagle County, Colorado, C1erk and Recorderrs records referred to as Tract 2 as described in the attached Exhibit B and an underlying zone district of High Density Multiple Farnily to all of L,ot D and a part of Lot C, lforcus Subdivision, a subdivision recorded Ln Book 255, at page 70 of the Eagle County, Colorado, Clerk and Recorderrs records referred to as Tract 1 as described in the attached Exhibit A for Special Development District No. 7, (Marriott Mark Resort). Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalJ.d, such decision shall not affect the validity of the renaining portions of this ordinancei and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases by declared invalid. Section 4. The Town Council hereby finds, deternines and decLares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof. Section 5. Ttre repeaL or the repeal and reenactment of any provisions of Vail I'Iunicipal Code as provided in this ordi-nance shall not affect any right which has accrued, any duty irnposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as cornrngngE6 under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. AJ.l bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolutl.on or ordinance, or part thereof, heretofore repealed. t CItI rnrRoDucED, READ lttD pAssED oN FrRsr READTNG THrs - day of ' -, 1990, and a publlc hearlng shall be held on thla ordl.nance on the daY of , 1990 at 7:30 P.n. in the Council Chanbers of the Vail Uunicipal Bullding' VaLl, Colorado. Ordered published Ln full this - day of ,1990. Kent R. Rose, uaYor ATTESTS Pane1a A. Brandneyer, Town Clerk INTRODUCED, READ AllD APPROVED ON SECOND FAADING A}rD ORDERED PUBIJISIIED Kent R. Rose, Uayor ATTEST: Fanela A. Brandmeyer, Tolrn clerk BO: FRoU! DATE: RE: Plannlng Envl.ronnental Conrnlssion Eagle County, Colorado, Clerk and Both propertles know as 715 Westl{arriott Mark Resort) .Appllcant: !l-K Corporatlon Recorderrs records. Lionshead Clrcle (The and Connunlty Developnent Departnent AuEust 27, L99O A regueat to apply an underlying zone distrlct ofPublic Acqoromodatlon all of Iot 4 and I,pX 7, Block 1, Vallr/Llonshead Thlrd Flllng, a subdivleion recorded Ln Book 221 at Page 992 of the Eagle County, Colorado,Clerk and Recorderrs records, part of L'ot C, Uorcug SubdLvl,slon, a subdlvlslon recorded ln Book 255 at Page 70 of the Eagle County, Colorado, Clerk and Recorderrsrecords and a reguest to apply an underlying zonedistrlct of Hlgh Denslty lrlultlple Fanlly to all of Lot D and a part of Iot c, t{orcus Subdlvlslon, a eubdivlslon recorded ln Book 255, at Page 70 of the r.DESCRTPTTON OF THE REOUESr At the Aprll 23, 1990 Planning and Envirorunental Connl.ssion work seeeion on proposed anendmentE to SDD No. 7' the PEC reconDended that an underlying zone district be clearly Ldentlfl.ed for this Special Development Dlstrict. llhe Plannl-ng and Environmental Conrnission nade tlris requeet ofthe appllcant in order to clarify the underlying zonedlstrlct. The Council has also revl.ewed the original reguest to appLy underlyLng zonlng. At the ,tuly 17, 1990 council neeting. CouncLl denled the proposal to apply HDUF underlylng zonl.ngto the entire SDD. Tlre notion to approve OrdLnance 21 rtas nade by Menr lapln and Seconded by t(ent Rose. The notl.onfailed 2-5. Rob l€vlne and Kent Rose voted ln favor of the notl.on and the remalnlng five nernbers voted agalnst thenotlon (pl€asc see attached rninutes). The appllcant Ls now proposlng to apply HDIIF undertylng zonlnE to Tract 1 (the weetern portlon of the SDD rhere the parklng strrrcture Le located) and Public Acconnodatlon (PA) underlyl.ng zoning to Tract 2, the remainder of the SDD. Pleaee aee ilay Petereonra attached letter etating the rationale for the request. An underlyl.ng zone dlstrlct Ls defined Ln Sectlon 18.40.020,DefLnitiona D as: rUnderlying Zone Distrlctrr shall nean the zone distrlctexisting on the property, or Lmposed on the property atthe tlne that the Speclal Development Dlstrlct iE approved. As stated ln previous nenos, there ls sone guestlon as towhat t.tre underlying zoning was when this Special DevelopnentDistrlct was approved in L977. (please eee Sectlon II iorbackground and staff research on the underlylng zone). A second reaaon for applylng IIDMF zoning to Tract I is toallow f,or the tl.neshare use. The HDMF zone dLstrlct is theonly zone dlstrlct within the Town of Vall that allowstineshare as a condltional use. In Section !.8.40.0?O Usesof the Special Development District it etates: Determination of pernltted, conditl.onal and accessoryuses shall be nade by the Planning and Envl,ronmental ConmiseLon and Town Council as a part of tbe fornalreview of the proposed developnent plan. Unlessfurther restrlcted by the review of the proposed Special Developnent Distrlct, perrrltted, conditLonal and accessory uses shall be linited to those per:mttted,conditional and accessory uses l-n a propertl.es underlvlns zone district... In sunnary, the purpose of applying ITDMF and PA zonlng tothe property ls to clarify the underlying zone dlstrict forthe entire SDD, allow for the timeshare use, speclflcallyfor the 56'unit tirneshare expansion on Tract 1, and to alsoprovlde a gulde for any futuie proposals that iray besubnitted to the Town. IT. BACKGROI'ND RESEARCII ON TITE I'NDERLYTNG ZONE DISTR CT FOR SDD NO. 7 The staff has pieced together a sequence of events relatingto the llarriott Uark Resort property. We nust enphasLzethat thls informatlon was taken from the Cornnunlty Development Departnent files and Ls not conclusLve. BelowLs a eunnary of this research. t973 The llark Resort constructed 74 hotel roonB and 14 condoniniun apartrnents. This orlglnal developnent(east building) Ls referenced as having HDUF zonl.ng ln an Envlronnental Inpact Report prepared by ilohn Ryan dated January, L977 (pg 36). Abulldlng permit dated Uay 31, 1973 also references llDt'tF zonlng. t97? L977 L978 1981 1981 1985 Ordlnanee 3 of L977 rezon€s Iotc 4 and 7 and aportlon of lpte 5 and 6, Block 2 Vail Ll.onshead3rd Flllng frou Pubtlc Acconnodatlon and HDlttF to Speclal Developnent Dletrlct to allow the developnent of the elte rln a nore lnnovatlveranneri. However, Ln revlewlng planner ataff zone checke ln tlre flle, Iot tl Ls referenced as having HDl,tF, I.ot 5 - IlDIrtF, and Ipt 7 - Rrbllc Acconmodatlon zonlng. Iots 4 and 5 rel.ate to theseatern portlon of the llark property whJ.le Lot- 7 appears to be the orlginal lot for the very flrstbulldlng on the eastern portlon of the elte. A resubdlvlslon of lpt 4, 5, 6, 7 and 8, Block 1, Llonghead 3rd Flllng uaa approved by the Planning and Envlronnental Connl.ssion. Please note thatthe block referencea are different for the SDD ordinance and for the resubdivlslon A bulldlng permlt sae released for the l{ark Resort and Tennl.e club whlch has been referred to as Phaee f (second bullding to the west). Ordl.nance No. 25 of 1981 approved a speclflc development plan for Phase II whlch allowed for the constructl.on of the conventlon center, parklng structure, two additlonal tennle courts and allowed 8 flreplaces Ln I dwelll.ng unLte. lhe bulldlnE pemlt for the developnent approved Ordl,nance No. 25, comrronly called Phase II rtas releaEed. The reguest for tlnesharlng for Phase II ras denled by the Plannlng Staff. Thls regueet proceeded to Plannlng connlssl.on and the applicant tabled indeflnltely. Fron thle research, lt appears that the Speclal DevelopnentDlstrlct actually had two underlyl.ng zone dlstricts. The eastern Ipt 7 had been Rrbllc Accomodation Zonlng. However, thle conflicte wlth John Ryanre.reference to lot 7 as bel.nE zoned HDI|F ln hla EIR. Lots 4 and 5 which are to the west of Ict 7 appear to have been zoned HDUF. Staff alro contacted atohn Ryan, who prepared the origlnal EIR ln L97?, illn lalont who uas on the Plannlng Staf,f when the l,larrl.ott l,lark wae revlewed ln L977. Danny Corcoran, surrreyor of Eagle Valley Engineerlng and Ton Brlner, Archltect for the t{arrlott Resort and Tennl.s Club ln order to flnd out any addltlonal zoning inforaatlon. 3 In diecusslng the Lesue wlth Jin lanont, he stated that allIots ln the Town before 1974 had zoning. He also agreedthat the site probably had either Publlc Acconnodation or HDMF zoning orlglnally or a conbl.nation thereof. itohn Ryanhad no recollection of the prevl.ous zonLng. The otherparties-contacted yere unable-to provlde the staff wlth anydefinitLve underlyl.ng zonlng lnforuatLon. Suffl.ce it to say, that the lrestern property appearB to havebeen zoned HDUF. In the zoning analysLs eectl.on of theuemo, etaff has compared the proposed SDD to ttDMF and publlc Aceomodatl.on zoning aB well as the coublned HDMF,/PA zoning.The naJor difference Le that Publlc Acconnodatlon zonlngallows for more GRFA per elte area (.80) whlle HDU8 allowsfor a .60 GRFA per slte area. In respect to parklng, ITDMFstatee that.?St of the parklng nust be Ln a bulldlng orscreened whlle PA zonLng etates that 75t of the requlreaparking ehall be loiated within the nain building and hiddenfron public vlew. HDMF also allows for the tl.neshare use.In all other respects, the two zone distrl.cts have basicallythe sane requl-renents. IIT. ZONTNG COI{PARTSON The existing and proposed Special Developnent Districte bave been compared to the deweloprnent al.l.owed wlth underlyingzonlng on Tract 1 of HDUF and Publlc Acconrnodatlonunderlying zoning on Tract 2 on the attached chart. (pleasenote all calculatl.ons Lnclude the 10 enployee housingunits). The exLsting Special Developnent District and the proposed SDD both exceed the HDMF and PA naxinum allowance of 25units per acre. The existing SDD has 34 units and theproposed SDD would have 47 units per acre. fn respect to GRFA, EDMF allows 4Lr3L7 sg. ft. f,or Tract 1.l{ith Tract 2, PA zonlng allows L22,L33 sq. ft. for a totalof 1631450 sg. ft. Tlre exieting SDD has 134rOOO ag. ft. of GRFA and the propoeed SDD has 1961800 sq. ft. of GRFA. The HDMF/PA zone dl.strl.ct allows 127 dwelll-ng unLts for thesLte. The exiBting SDD has 17z dwelllng .units and theproposed SDD rould have 243 dwelllng unLts. The helght naxl.murn for HDMF or PA Ls 48 feet. The exleting SDD haB a heiEht of approxiuately 85 feet at the highestpoint wblle the new SDD expansion area wlll not exceed 48feet. In respect to slte cov€rage and landsoaping, both theexlstlng SDD and the propo8ed sDD exceed the requl.rementsfor HDMFr/PA. Ttre slte coverage maxlnum ls 55t for HDUF orPA. Ttre proposed SDD hae 45t site coveraEe. The landscaplng nlnirnun Ls tot of the slte. Wlth the proposed SDD 56t, rernains as landscaplng. fn respect to aetbacks, 20 feet is requl.red on all sl.des of the property. The bullt SDD encroaches Lnto the setbackg ln nany areas. The new proposal on the west side of theproperty encroaches lnto the 20 foot setback on tlre westernproperty lLne where the exlstlng parking etructure (setback of 5r) Le extended to the eouth. AIl parklng reguLrenents are uet per the Town of Vall parking code wlth the allowance of 5 valet parklng spac€a. Each tineshare unit has 2 spacea and each employee unlt has 1.5 spacea. IV. EVALUATTON OF IINpERLYTNG Hp!,tF ZONE DrSTRrer FOR SPECTAL . A. SuitabilLtv of the prooosed zoninq. The exLetlng zoning ls Speclal Developnent Dlstrlct for thle elte. -A epecific underlying zone dl'strlct le not ldentifled ln the SDD ordinance. For the purpose of clarity, lt is appropriate to apply underlyl'ng HDUF/PA zonJ-ng to the entlre SDD. The intent ls to not tamperin any way with the exlsting developnent on the site but to provtde an underlying zone dlstrict that can be used as-a gruide for the ieview of any future proposals. In addltlon, it is appropriate-to apply HD!'!F due to the requeet for'timeshar1ng ior Tract 1. Tinesharlng would no€ be approved for any other portlon of the SDD unlees the appll-ant reguested to anend the SDD ln the future. ob{ ectl.ves. Staff prepared a chart tltled nD,evelopnent Analyelsn Ln order to compare the proposed SDD wlth BurrounaUngpropertiee. Ae Lndicatect by this chart, there are a nurnfer of propertl.es de-rreloped beyond what ls proposed on the uarilott elte such as the Antlers, rlndmark, Vantage Polnt, llontaneros, Ll.onsguare Iodge and the Doubl6tree ttoiet. Staff belleveC that the proposal le ln concegt rlth uany of tlre poticles outll'ned ln the Iand Use PIan. Tlre elte le :identifled as belng ln the Reeort AcconmodatLon and SerlvLce Cateoory deflncd below: B. trThls area Lncludes activltles alned at accounodatlng the overnight and short term visltorto the area. Prlnary uses include hotele, lodges, Eenrice stations, and parking atructures (wlth densltlee up to 25 dwelling unite or 50 accornrnodatlon units per buildabl.e acre). These areaa are oriented toward vehl.cular access frou I- 70, wtth other support connercLal and buel,nese Eerrrlces lncluded. ALso aLlowed ln thlc categoryr would be lnstitutlonal uses and varloue nunlclpal uset. n (Please eee Speclal Developnent Dlstrlct l,[eno concernlng thls proJect and Lts relation to the Irnd Use Plan and surroundlng nelEhborhood). In the I€nd Use Plan analysLs, a developnent ecenarLo was selected based on rnarket demands and tlre desLres of the citlz6ttry. The Plan states (page 30): ItThe public lnput had shown a general eatl.sfactlonwith the location of exlstLng land uses, whlch was used as the foundatlon foe the preferred developnent alternative. ..rl The most important goals culled fron the public neetings were used to for:nulate the Trends Alternatlve. These key goals are as foll.ows: A. Commercial Uses 2l Commercial growth should be concentratedprinarlly in exlEtLng conmercial areaEto acconnodate both local and vlgitor needs.3) New hotels should contlnue to be locatedprinarily in the Vlllage and tlonehead areas. c. Villaoe/Lionshead Core Areas 1) fncreased density for comnercLal,residential and lodglng uges Ln the Core areas would be acceptabl.e go long as theexlstlng character of each area le belng preserrred. Thls proposal supports the Land Use Plan nkey goalsrr Lnthat the expansion ocsurs ln an already developed areaof Llonshead, the uses proPoeed support the deElre for tineshare, and the design of the proposal ls respectfulof eurrounding properties and the character of the l{est LionEhead Circle area. c. the staff believee that the Speclal DevelopmentDlstrlct ocpanslon doee provlde for the orderly developnent of the connunity. We believe that the proJecl enhances uany of the conrnunltyre goals outllned 1n the Land Use Plan. Ehe tine share use I's alsospeciflcally glven support in the Iand Use Plan. ThesultaUtttty tor thls pioperty for lnflll development le dLecussed ln detall ln the SDD nemo J.n respect totraffic, density, design etc. which all relate totrorderly developnent. n IV.W The staff reconrnends approval of the appllcation of the Hlgh Density Multl Fanlly zone distrlct to Tract 1 and Publlc Accornnodatlon to Trict 2 aa underlylng zone distrlcts to the Speclal Developnent Dietrict No. 7. we belleve the requestnlets all of the three criteria for a zonlng review. It ls our oplnion fron staff research that the underlying zonlng on Tract 1 appears to have been HDIIF and Tract 2 appears to have been zonea PA and posslbly HDMF. By approvl'ng the reguest, the underlylng- zonlng- is clarifled for the exlstlng SDD and any possible future sDD anendnents. oo +tco Eo, .9o (D!toE;E5EE-('r o.?io!i9iEd,t6E Oe:.EE!3Gt E= rrr Cll..9E6(dxo- l! rC{ ('c)(d(g FF 9ecto ;s lao ii:l' i::.. J:at :!a.ni :tiiii: N Na .[ 'l t',' :l i:i, ll:t.,] .z , ::?i'. 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A regular meeting of the Vail Town 7:30 p.m., in the Council Chambers MEMBERS PRESENT:Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Jim Gibson Merv Lapin Robert LeVine Peggy 0sterfoss None Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk MEMBERS ABSENT: TO}JN OFFICIALS PRESENT: The first item was a ten year employment anniversary award to Linda Barca. RonPhillips gave brief background information on Linda who is a Bus Driver with the Public Works,/Transportation Department. Skip Gordon made some additional comments, and Mayor Rose thanked Linda for her hard work and her years of service. The next onder of business was Citizen Participation. There being none, Council moved on to the third item of business. Item three on the agenda was a Consent Agenda. Based on Council request, Mayor Rose stated all items wou'ld be handled separately. Item A was 0rdinance No. 20, Seriesof 1990, second reading, an ordinance amending 0rdinance No. 10, Series of 1990, Special Development District No.4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots to provjde for gross residential f'l oor area to be ca1 cu'lated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forth details in regard thereto (Applicant: 75% of Glen Lyon subdivision property owners). The title was read in full by l4ayor Rose. KristanPritz and Shelly Mello made a brief presentation. Jinr Gibson stated concerns regarding additiona'l GRFA requests, with Shelly responding that this change was intotal conformity with current zoning and lot size. Shelly Me1 'l o stated there had been no specific reason for the 4,200 square foot restriction on GRFA in regards to negotiation issue, and that the developer had voluntarjly agreed to this provisionjn order to ensure the quality of the subdivision. Tom Steinberg moved to approvethis ordinance on second reading, with a second coming from Menv Lapin. A vote was taken and the motion passed unanimously 7-0. Item B under the Consent Agenda was 0rdinance No. 23, Series of 1990, second reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as a conditiona'l use "Television Stations" in the Commercial Core II zone district (App1 icant: Vail/Beaver Creek Television Network). The full title was read by Mayor Rose. Mike Mollica stated there had been one change only, and that was to "Section I. Definition of TV Statjons.u Bi'l 'l Perkins, representlng the appllcant, stated he did have a question in regard to the tern "satellite dish," and further questions on the two foot diameter requirement and exemptions. Further discussion prompted deleting the verbiage for satellite dishes from the end of Section I. Peggy 0sterfoss also requested clarification of the production studio and what views would be available to the public. Bill Perkins stated the public wou1d be able to view inside the production equipment with seating provided within the studio, and another studio for taping interviews would be on the walkway inrnediately to the exterior of that studio space. Rob LeVine moved to pass 0rdinance No. 23 on second reading, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. Mike Cacioppo spoke against the approval of this ordinance indicating that he had a serious problem with the location of te'levision studios on the first floor 1evel , in that this has previous'ly been reserved for restaurant orretail space and shou] d be the continued use in Commercial Core I and II, and thatif the Council were to approve this ordinance, it would "smack of special privilege and election payoffs." Council was held on Tuesday, July 17, 1990, atof the Vail Municipal Building. Item c under the consent Agenda was Ordinance No. 25, series of 1990, second reading, an ordinance amending SDD No. 23, vail National Bank, Part of Lot D, 81 ock2, Vail Village 2nd Filing, 108 South Frontage Road }Jest (Applicant: Vajl National Bank Building Corp.). Mayor Rose read the tit'l e of the ordinance in full. Mike Mollica indicated numerous changes to the "lfhereas" section at the beginning of the ordinance had been inc'l uded based on a request by Merv Lapin. These changes were to acknowledge the singular and unique situation in which the Bank finds itself. Jim Gibson had questions in regard to future use of this parking facility and theright-of-reverter clause. Specifically, he asked whether the reverter clause had been lifted, stating the reverter clause was of some issue because if in the future the medical facility were not located on this site or if the structure were destroyed and not to be rebuilt, Vail Associates could once again obtain exclusive use of this portlon of land which would then negate any parking arrangement the Vail National Bank Building had with the Medical Center. Larry Lichliter with Vail Associates acknowledged the reverter clause situat'ion and stated the c'l ause had not been lifted. However, the situation was one with which they had dealt. Following discussion, Rob LeVine moved to approve Ordinance No. 25, with a second coming from Kent Rose. At this point, Jay Peterson asked to tab'l e this ordinance in order toclarify the reverter clause question. Rob LeVine withdrew his motion, and Kent Rose his second. Peggy Osterfoss then moved to table this Ordinance No. 25 to the August 7 meeting, with a second coming from Jim Gibson. A vote was taken and the motion passed 5-2, with Tom Steinberg and I'lerv Lapin opposing. The fourth item of business was 0rdinance No. 21, Series of 1990, second reading, an ordinance designating an underlying zone district of high density multi-family to Special Development District No. 7, commonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto (714 }Jest Lionshead Cjrcle, Lots 4,7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicant: M-K Corporation, Mark Lodge Condoniniums, and Mark Resort & Tennis Club). Mayor Rose read the ful1title. Kristan Pritz presented a brief history relating to the application of HDMF zoning to the Special Development District. Because this item had been presented inits entirety at the June 1.9 evening meeting, Kri stan focused on changes that had occurred since that meeting. The GRFA had been reduced to 58,800 square feet, which was a reflection of 56 timesharing units at approximately 1,050 square feet perunit. Ned Gwathmey, architect for the project, explained that a computer analysis presented a refinement of the plan and had altered the original figures and reduced the tota'l GRFA by approximately 8,400 square feet. Kristan explained the consideration of both the 0rdinance No. 21, as previously stated, as well as 0rdinance No.22.- relating to amending the SDD No. 7 to al'l ow timeshare, could be discussed in the same arena, but she asked specifically that individua'l votes be taken on each of those ordinances. From research staff had put together, it appeared the SDD actually had two underlying zone districts. The eastern Lot 7 had publjc accommodation zoning. However, that was in conflict with John Ryan, who had prepared the original EIR jn 1977 and referenced Lot 7 as being zoned HDMF in his EIR. Lots 4 and 5, which are to the west of Lot 7, appeared to have been zoned HDMF. Staff recommendation for using the HDMF zone district as an under'lying zonedistrict to the SDD No. 7 was then presented. Krjstan noted several areas regarding HDMF zoning that made this zoning appear appropriate and applicable to the Marriottsite. Merv Lapin then raised the issue about the appropriateness of the HDMF underlying zoning for all three lots at the Marriott site. A discussion ensued andit was pointed out by the Town Attorney that the underlying zoning would affect the uses specifica'l 1y for the SDD and that the Counci'l should consider the criteria from the Vail Land Use Plan and whether this was a furtherance of that Land Use Plan. At this point, Peter Jamar, Jay Peterson, Ka'i ser Morcus, Ned Gwathmey, Jeff Jacquard, and John Sweeney were introduced, a1 I as representatives of the Marriott Mark app'l ication. Peter Jamar responded to suggestions made by members of the Councjl at the June 19 meeting and indicated that four revisions, commitments, and clarifications were being proposed in a memo from the applicant dated July 10, 1990. 1. GRFA The previous GRFA total proposed was 71,200 square feet, excluding 4,000 for the ten employee units. After further study and analysis of the floor plan, the applicant proposed to reduce the total to 62,800 square feet. Both figures include the 4,000 square feet for employee units. 2. Architectural features of existing hotel exterior Peter said it had been suggested that in addition to their previous commitment to repaint the exterior of the existing hotel , they would study alterations of the balconies in order to improve the building's appearance. Feeling this was an excellent suggestion on the Councilrs part, the applicant was investigating various design solutions and agreed to include a new balcony design in the project. -2- 3. Time sharing Due to several questions regarding the timeshare nature of the expansion, the applicant had prepared an informational memorandum addressing specific questions and this was included in the Council packet. 4. Left turn 'l ane As a point of clarification, the applicant ful'ly understood that if for some reason the overa'l 1 funding strategy for Frontage Road jmprovements is not estab'l ished prior to issuance of the applicant's certificate of occupancy, the applicant may be responsible for 100% of the cost of the left turn'l ane off the Frontage Road to t{est Lionshead Circle with a right of reimbursement for costs exceeding their fair share at some future date should an overa'l I funding mechanism be put into place. Kaiser Morcus stated that a $4.5 million upgrade had been p'lanned for the Marriottfacl'lity, and this would include a total refunbishment of the interior as'we'l'l as the exterior. As far as maintenance of the new bui'lding, Kaiser explained there was a reserve fund that had been established which represented ten percent of the total operating fund to upgrade and maintain the new facility. At this point, Jay Peterson reminded Council that the applicant was establishing underlying zoning and not changing it; that the original zoning had been placed back in 1973. Cindy Jacobson presented comments negative to the granting to the approval of this ordinance. Jim Lamont a1 so spoke about the SDD special laws and whether this was being handled in a procedural ly correct manner, he noted that with the two zoningdistricts involved in this property and the most restrictive use should apply. He stated his concern about fractlonalization of accommodation units and protectlng the bed base and convention business for the Lionshead area, as well as the Town ofVail. Kaiser Morcus reiterated his desire to cater to convention business. Eric Affeldt spoke 'in regard to clarificat'ion of the underlying zoning being HDMF, and restated the actua'l locations of the parcels in question. Jim Gibson expressed his concern with Ordinance No. 22, the ordinance a1 lowing tjmeshare development at the Marriott, and stated the report received from the applicant seemed very subjective. He felt that maintenance of privately owned properties was certainly more desirab'l e than the timeshare scenario. Merv Lapin then made a motion to approve Ordinance No. 21, based on his scrutiny of the surrounding neighborhood and noting that the Vail Spa across the street currently is zoned HDMF, Antlers CCII, and the Enzian CCII. Tom Steinberg seconded this motion. Tom Steinberg then withdrew his second explaining he believed the eastern 1ot, i.e., the actual Marriott physical facility, hras to remain public accommodation, and when he understood this was not so, withdrew his second of that motion. Kent Rose then seconded Merv Lapin's motion to approve 0rdinance No. 21. Rob LeVine stated that even if the Council approved both 0rdinance Nos. 21 and 22 on this evening, if the applicant wanted to do something outside the current SDD, he would have to come in again for a najor amendnrent to the SDD. Merv Lapin called the motion. A vote was taken and the motion failed 2-5, with Rob LeVine and Kent Rose voting for approva'l of 0rdinance No. 21, and the remaining five members of Council voting against. Based on this vote, Jay Peterson requested Ordinance No. 22, Series of 1990' be tabled to the next regular meeting of the Vail Town Council, August 7, 1990. Peggy Osterfoss moved to table Ordinance No. 22 to the August 7 meeting, with a second coming from Rob LeVine. A vote was taken and the motion passed unanimously 7-0. Eric Affeldt then requested a synopsis of the vote, with reasons from each of the Councilmembers to explain thein votes. Rob LeVine stated jn order to protect the Town of Vail zoning, the entire parcel , i.e., all lots, HDMF seemed to make the most sense and was a cleaner SDD. There was a process already set up for further review and change and he felt that the Town had explicit protection. Lynn Fritzlen felt it was important to establish underlying zoning, but felt that any increase in bulk and mass should not be addressed on a singular basis. Tom Steinberg felt that having split zoning on the property was inappropriate. Kent Rose felt much the same as Rob LeVine, stating that the HDMF already existed on this parce'l , and he felt that HDMF for the western parcel was more appropriate and so should be acknowledged as the overall zoning. Merv Lapin stated that he was against timeshare, although he did feel that HDMF was the appropriate zon'ing for this particu'lar parcel. He stated he was against timesharing because of the numerous foreclosure notices he sees for timeshare owners in Eagle County. Peggy Osterfoss stated she voted against this ordlnance because she objected to changing density independent of the approval of the ordinance amending the SDD. Jin Gibson stated he was against the ordinance because of the uncertain quality of tineshare projects, and that HDMF would allow the timeshare use. The time being 10:30 p.m., Mayor Rose called for a five minute break. -3- The next item of business was 0rdinance No. 19, Series of 1990, first reading, an ordinance modifying Section 18.13.080(A) of the t'lunicipal Code of the TOV regarding density control for the primary,/secondary zone distrjct (App1 icant: Town ofVail). Mayor Rose read the full title of the ordinance. Andy Knudtsen stated this amending ordinance was to correct a typographical error. tilike Cacioppo askedquestions in regard to the affect this ordinance would have on his persona'l property and was satisfied with the input from staff. Ton Steinberg made a motion to approve 0rdinance No. 19 on first reading. Lynn Fritz'l en seconded that motion. A vote was taken and the motion passed unanimously 7-0. Next was Ordinance No. 24, Series of 1990, first reading, an ordinance making supplementa'l appropriations from the Town of Vai'l general fund, capital projects fund, Cormunities for Drug-Free Eagle Val ley fund, special parking assessment fund,Vail marketing fund and the real estate transfer tax fund, of the 1990 budget and the financial plan for the Town of Vail, Colorado; and authorizjng the expendituresof said appropriations as set forth herein. Mayor Rose read the fu'l I title. Merv Lapin suggested he ordinarily was not in favor of supplemental appropriation ordinances, but in this case, the majority of items were rollovers from 1989 and passage was appropriate. Jim Gibson moved to approve Ordinance No. 24, with a second coming from Tom Steinberg. A vote was taken and the motion passed unanimously 7-0. The next item of business was Ordinance No. 28, Series of 1990, flrst reading, an ordinance amending the plan document of the Town of Vail employees' pension plan; and sett'ing forth details in regard thereto. The fu1 'l title was read by Mayor Rose. Charlie l,lick stated that the next three items,Ordinance No. 28,Ordinance No. 29, and Ordinance No.30 were nearly identical documents, that state'l aw requires separate documents for police and fire as opposed to Town of Vail employees' pension p1an, and they must be reviewed independent'ly of each. l'lerv Lapin moved to approve 0rdinance No. 28 on first reading. Lynn Fritzlen seconded that motjon. A vote was taken and the motion passed unanimously 7-0. Ordinance No. 29, Series of 1990, first reading, an ordinance amending the Town's Po1 ice and Fire pension plan document subject to approva'l by sixty-five percent (65%) of the Town's Police and Firemen; and setting forth details in regard thereto, was next on the agenda. Mayor Rose read the title in full. Charlie Uick stated that an election had been held on July 2 and 3, 1990 at the Vail Municipal Building for the Town of Vail and the results h,ere as fol'l ows. The Town of Vail has 15 sworn fjre personnel with 13 votes cast for amendment six; one vote against amendment six; and one fire personnel not voting; therefore, 93 pencent voted for amendment six. In regard to the police election, the Town of Vai1 has 27 sworn police personnel;22 votes cast were for amendment six; none voted against amendment six; and five police personnel did not vote; therefore, 32 percent of the sh,orn police personnel voted for amendment six. In order to pass, 65 percent sworn personnel must vote on an issue. Merv Lapin moved to approve Ord'inance No. 29 on first reading, and Lynn Fritz'l en seconded that motion. A vote was taken and the motion passed unanimously 7-0. Item ten on the agenda was Ordinance No. 30, Series of 1990, first reading, an ordinance amending the trust agreement pursuant to the Town of Vail employees' pension plan; and setting forth details in regard thereto, The full title was read by Mayor Rose. This amendment allowed VMRD to have a voting member on the Board of Trustees for the Town of Vail Employees' Pension Plan. Merv Lapin moved to approve this ordinance, and Lynn Fritzlen seconded the motion. A vote was taken and the motion passed unanimously 7-0. Item eleven was an appea'l of a Planning and Environmenta'l Commission decision regarding the PECrs denial of a request for a height varjance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village lst Filing (141 East Meadow Drlve - Cnossroads Condominiums) (Applicant: Sid Schultz for H. lli'lliam Smith). Mike Mol'l ica requested that Council uphold or overturn the decision of the PEC. The PEC at their June 25, 1990, public hearing had unanimously denied the requested height variance, that vote being 6-0. l'lerv Lapin stated that he owned 50 percent interest in Unit C-l of Crossroads, which disqualified him from voting on this issue, so he stepped down from the hearing. Tom Steinberg divulged that he had a 3 percent interest in a mortgage in a unit at Crossroads, but did not fee'l that was a significant conflict, so he opted to vote on the item. Jay Peterson stated he was an attorney representing the app'l icant, and Sid Schultz was the architect on beha'l f of the applicant. Some discussion ensued in regard to whether other condominium owners had been notified of this request for the use of their collective GRFA, and Merle Sachnoff, who is secretary of the association, stated letters had been sent out to 22 condominium owners with 20 respond'ing they were in favor of thjs addition -4- and two voting against. Rod Slifer spoke on behalf of the applicant, stating it was important to encourage upgrading of older facilities withjn the Town of Vail. Lynn Fritzlen voiced her djscontent with the procedures stating that she would prefer having a policy statement rather than treating this as a singular item. l'like Mollica stated no additional parking requirenent would be necessary since the tota1 square feet of the unit, including the addition, would now come to 1,695 squarefeet. Peggy 0sterfoss noted that this was not like other in-flll ln the Vil'l age, and was more an extension of an existing architectural element. Peggy Osterfoss moved to uphold the Planning Commission's decision for denial of this request, with a second coming from Kent Rose. Her findings included that this would be a grant of special privilege because the building jtself is not a physica'l hardship. A vote was taken and the motion passed unanimously 6-0. At this point, Susje Bruce, who was not represented by counsel , requested an audience with the Town Councjl to discuss the'l ease for space currently held by the Town of Vail in the Village Inn project. Her questions related to the term of the lease as wel'l as the CPI or adjustment over time. Steve Barwick's recommendation was to compromise, with the market value adjustment after fjve years. He suggested that an appraiser should evaluate the property. This would guarantee after a five year period of time, the Town of Vail would be getting its equitab'l e leasehold space amount. The Council unanimously agreed and gave direction to staff to proceed with signing of the 'lease with Ms. Bruce. There being no further business, the meeting was adjourned at 11:45 p.m. Respectful ly submitted, ATTEST; Minutes taken by Pam Brandmeyer t.thJ Pamela A. Brandmeyer, Town Clerk -5- ORDTNANCE NO. 22 SERIES OF 1990 AN ORDINAI{CE N{ENDING SPECIAL DEVEI€PMENT DISTRICT NO. 7 COUUONLJ REFERRED TO AS TtlE I'|ARRIOTT l.fARK RESORT AND THE DEVEIPPI,TENT PIAN IN ACCORDANCE WITII CITAPTER 18.40 OF THE VAIL !.IUNICIPAL CODE AND SETTING FORTH DETAII,S IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code auttrorizes Special Development Districts wlthin the Tonni and WHEREAS, Special Development District No. 7 for developrnent of Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing was originally approved by Ordinance No. 3, Series of L977, and subsequently anended by ordinance No. 25, Series of 1981 and Ordinance No. 6, Series of 1982i and I{HEREAS, the Applicant and Onner (!,t-K corporation and Marriott Corporatl.on) desire to make amendments to special Development District No. 7; and WHEREAS, the Anendnent to special Developnent District No. 7 will j-nsure unified and coordinated developnent within the Town of Vail in a manner suitable for the area in which it is situated; and I{HEREAS, the Planning Corunission has reconnended approval of the nodification to Special Development District No. 7; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Toqrn and its citizens, inhabitants and visitors to amend Special Development District No. 7. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIIJ OF THE TOWN OF VAIt, COI'RADO, THAT: SECTION 1. Anendnent procedures fulfilled. Planninq Conmissl.on report. The approval procedures prescribed in Chapter 18.4O of the vail uunicipal Code have been fulfilled, and the Toltn council has received the report of the Planning and Environmental Connission recommending approval of the proposed development plan for Special Developnent District No. 7. SEcTfoN 2. Amendment to Prior Ordinances. A,mendnent Ordinance No. 3, Series of L977, Ordinance No. 25, Series of 1981 and ordinance No. 6, Series of 1982 are hereby amended by the addition of Part II to read as follows: A. Special Developnent District No. 7. Part II of Special Development District No. 7 (r'SDD7x) and The Development Plan as herein after defined and set forth is hereby approved for the continuing development of Lots 4 , 7, C and D, Block 1, Vail Lionshead Third Filing located within the Town of Vail consisting of 5.08 acres (22L,527 square feet). B. Purpose. Part II of SDDT is hereby established to ensure : comprehensl.ve development in the use of an area that wiII be harnonious with the general character of the Town of VaiI and the existing SDDT and to promote the upgradJ-ng and redevelopment of a key property ln the Town of Vail. The anendnent to SDDT ls regarded as complimentary to the Town by the fown Council and neets all design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of the Amendnent to SpeciaL Developrnent District No. 7 which cannot be satisfied through tbe inposition of the standards in the existing SDDT or under existing zoning. The arnendment to SDDT Ls compatible with the upgradlng and redevelopnent of the cornmunity while naintainlng its unigue charaeter. c. Definitions. 1. TLme-Share Estate shall be defined as set forth in Section 18.04.420 of the Town Municipal Code. 2. Emplovee Housincr Unit shall be defined as follows: A dwelling unit as shown on the RedeveJ-opnent PLans, marked as Enployee Housing Unit. D. Developrnent Plan. 1. A developrnent plan for Part II of SDDT is approved and shall constitute the plan for the redevelopment of a portion of SDD7. The redevelopnent plan is conprised of those plans subnitted by Arnold, Gwathmey & Pratt Architects and Dennis Anderson Associates' Inc. as set forth below: a. Landscape PIan by Dennis Anderson AssociateE, Inc. dated June 4, 1990. b. Site Plan, Floor Plans and Parking Plans by Arnold, Gwathney & Pratt Architects dated l.lay 14 ' 1990. c. Elevations and Sections by Arnold, Gsathmey & Pratt Architects dated Uay 14, 1990. d. Environmental Inpact Report by Peter Jamar AssocLates, Inc. dated Uay 10' 1990. The plans listed in 1 through 4 above shaLl for the purposes of this Ordinance be referred to as rrThe Development Planrr. t 2. The development plan shall adhere to the following: a. Setbacks. Setbacks shall be as noted on the SLte Plan listed above. b. Heiqht. Heights of structure shall be as indicated on the elevations listed above but shall not exceed 48 feet measure vertically fron existing or finished grade at any given polnt to the top of the flat roof, nansard roof, or to the highest ridge line of a sloping roof. c. Site Coverage. Site coverage shall be as lndicated on the site plan listed above. d. Landscapl-ncr. The area of the site to be landscaped shall be as indicated on the landscape plan listed above. A detailed landscape plan shall be submitted to the Design Review Board for their approval. e. Parking and Loadincr. Parking and Loadlng shall be provided as indicated on the site plan and floor plans as listed above. In no case shall the parking provided on the total site as covered by SDDT be less than 400 spaces. E. Densitv. The existing developnent and conditions for SDDT shall be as defined under Ordinance No. 3, Series of L977 and under ordinance No. 26, Serl-es of 1981 and under ordinance No. 6, Series of ].'9A2. The approval of thls Part II of SDDT shall perrnit an additional 56 dwelling unJ-ts which shall be used as time-share estates and 10 dwellLng units whlch Ehall be used as employee housing units. The 56 dwelling units used for tine-share estates shall not exceed 1050 square feet of gross residential floor area per unit for a total of 58,800 square feet of GRFA. The 1o dwelling units used as employee housing shall have a gross residentiaL floor area per unit of approximately 4OO sguare feet, and shall have a maxinun total of 4OOO square feet of GRFA. F. Petanltted. Accessorv and Conditional Uses. Tine-share Estates and Enployee Housing Units shall be the only permitted uses for the 66 dwelling units as set forth in The Development Plans. Accessory and Condl-tlonal Uses shall be as set forth in the High Density, Multiple Farnily Zone District. any additional reguests for time-share units shall require a major amendment to SDDT- IG.Restrictions on Employee Housincr Units. No Ernployee Housing Unit shall be soJ-d, transferred or conveyed unless such sale, transfer or conveyance is to a non-profit Condorninium Assoclation forned to nanage the 56 tine-share estates. No Enployee Housing Units shall be leased or rented for any period of less than thirty consecutive days and it shall be rented only to tenants who are full-tine enployees in the Upper Eagle valley. The Upper Eagle Valley shall be deened to include the Gore Valley, llinturn, Red Cliff, Gl1nan, Eagle, VaiI, Avon and their surroundinqt areas. A fulL time enployee is a person who works an average of thlrty hours per week. An Enployee Housing Unit shall not be divided into any forn of time-share estate, interval ownership or fractional fee. The restrictions contained in this Section 23 shall be placed in the Condominiurn Declaration for the benefit of the Town of Vail and shall not be changed without the consent of the Town of Vail . Each enployee dwelling unit shall have a total gross residential floor area of approximately 400 square feet. The ownerr/applicant shall subnit to the Town Attorney a covenant perrnanently tiniting the use of the ten employee dwelling unlts to long tern enployee rentals in perpetuity. once the covenant is approved by the Town Attorney, the agreement shall be filed of record in the offlce of the Eagle County Clerk and Recorder to insure that the restrictions shall run with the land. The covenant shall be recorded prior to the issuance of a buitding pennit for The Developnent Plan. Bhe covenant shall include the conditions as set forth in Section 2, Paragraphs G 1-5 above. H. Anendrnents. Amendments to the approved development plan shall follow the procedures outlined in Section 18.40.100 of the Vail MunJ.cipal Code. 1. 2. 3. 4. 5. 6. (f. Conditions of Approval for SDD7. 1. A detailed drainage plan and other design issues relevant to publlc works shalt be subnLtted and approved by the Town of Vail prior to the Lssuance of a building pernit. Pollution control devLEes shall be incorporated into the parking garage per the subrnitted environnental irnpact report. core Creek shall be protected from any construction impacts by the use of an erosion control plan. 2. I{orking in coordination with the Toh'n Staff, the applicant shall fund and conduct a conprehensive traffic study of the West Lionshead Circle area suitable for determining the applicantrs contribution to the cost of constructing any necessary turn lanes on the South Frontage Road to West Lionshead Circle. PrelLminary design and cost estimates for the turn lanes shall be provided by the applicant. At a ninimun the applicant shall be responsible for contributing an anount of money to cover the appLicantrs share of the cost of the road improvernents so deternined by the comprehensive traffic study for West Lionshead Circle. 3. A prelininary design and funding strateg'y for constructing any turn lanes shall be established prior to the issuance of any building permit and the turn Ianes shall be cornpleted prior to the issuance of a temporary certificate of occupancy for the development plan unless otherrrise deferred by the fown of Vall Cornnunity Development Department and Pubtic Works. The funding and construction plan must be approved by the Town of Vail engineer, Comnunity Development Department, Town Council and Colorado Division of Highways before the building permit is released for the expansion. The Applicant shalt be reguired to subnit a Colorado Department of Highways Access Permlt Appllcation on behalf of the Tohrn for the tlest Lionshead Circler/South Frontage Road Inprovement. A signed Colorado Department of Highway pernit nust be obtained by the applicant before a building permit is released unless such pemit is not necessary as confirmed by the town of Vail Cornrnunity Developrnent Departnent and Public Works. 4. AIl aspects related to the tine-share estates of this .| facility shall comply with all applicable Town Ordinances that regulate tlme-share activity. TLme- share estates are only approved for the 56 tine-share units. The 10 employee dwelling units shall not be allowed to convert to tine-share estates. Tine-share units that are not sold for certain weeks shall be made available to the public as short term rentals. 5. Detailed landscaping sinilar to the t{estin Hotel Iandscaping along the recreation path proposed on Town of Vail property shall be EubnLtted by the appticant to the Town of VaiI Landscape Architect and Englneer for approval before such proposal is subrnitted to the Design Review Board. A11 landscaping proposed on Town of Vail land shall be maintal.ned by the applicant. 5. The applicant agrees to regrade, revegetate and repair the drainage on the bank adjacent to the bike path along the southern property line of the Uarriott Mark lfotel by August 1, 1990. A letter of credit in the amount of $shall be subnitted to the Town of Vail before second reading of thls Ordlnance. The landscape and drainage work sbaLl be submitted to the Town Engineer, Landscape Architect and Cornnunity Developnent Departnent for approval before the proposal is presented to Design Review Board. 7. A temporary certificate of occupancy shall not be released for The Developnent Plan until alt site inprovements have been completed such as sidewalks, landscaping and drainage as set forth on the development plans. If the weather prohibits the conpletion of any inprovement, the appllcant shall be reguired to provide a letter of credit to cover 125t of the construction costs for these inprovements. The construction estinate shall be reviewed and approved by the Town Engineer and Landscape Architect. The agreement stipulating how and shen the irnprovements will be conpleted and tbe dollar amount and forn of letter of credit shall be submitted by ttre appllcant to the Town Attorney for approval before a tenporary certificate of occupancy rnay be released for the developnent plan. )8. Before a tenporary certificate of occupancy Ls released the appllcant shall plat and record a public easenent to ensure public access through SDDT on the proposed sidewalk irnprovernent on The Development Plan. The applicant shall subrnit the proposed easement agreenent to the Town Attorney and Tohrn Council for approval prior to recording. 9. The appllcant shall not narket Tine-Share Estates on the streets, public ways or public places wlthln the Tonn of Vail. 10. No anplification of sound on the greenspace created by the renoval of the two tennis courts shall be allowed for conventl-ons or other special events. 11. Significant landscaping including evergreens, deciduous trees, and shrubs shall be provided on the landscape terraces over the parking area. If additional structural support must be added to the terraces to support significant landscaping (as descrJ.bed in the previous sentence), the applicant/owner shall be required to strengthen the structure of the terrace to allow for the landscaping. L2. Additional landscaping shall be provided along the west elevation of the parking structure. A urix of deciduous, evergreens, and shrubs shall be provided of a size adequate to screen the structure as rnuch as possible. The applicant is directed to work with VaiI Associates on the landscaping buffer. 13. AII loading areas shall have additionaL landscaping and screen fenclng. 14. The amendments to Special Developnent District No. 7 are approved conditional upon Planning and Environmental Connission and Town Council giving approval to the underlying zone district request. 15. The ballast on the existing building shaLl be changed to match the color of the metal roof of the proposed addition. (t16. The applicant shall repaint the existing Marriott l,lark in a manner that is compatible with the new developrnent plan. The applicant shall also nodify the existing balcony railings on the Marrl.ott Mark. These two inprovenents to the existing ltarriott Mark shall be incorporated into the Design Review Board and building pernit subnlttals for the Developnent Plan. A temporary Certificate of Occupancy shall not be released for the Development Plan until the repainting and balcony raillng work is compteted. If the lreather prohibits the conpletion of any of the above improvements, the applicant shal.l be required to provide a letter of credit to cover 125t of the constructLon costs for these improvements. The agreement stipulating how and when the irnprovenents will be conpleted and the dollar arnount and form of letter of credit sball be submitted by the applicant to the Town Attorney for approval before a tenporary certificate of occupancy nay be released for the developnent pJ-an. J. Liroitation on Fireplaces. wood burning fJ-replaces shall not be perroitted in any dwelling unit, whether a tine-share estate or an employee housing unLt nor in any public areas. Any gas fLreplaces shal-L meet the criteria set forth in Town of Vail ordLnance No. 24, Series of 1983 and Ordinance No. 28, Series of 1987, as anended frorn time to time. K.Recreational Amenities Tax. The recreational anenitles tax due for the development within SDDT shall be assessed at a rate of $1.oo per sqluare foot of floor area and shall be paid prior to the issuance of a building pernit. sEcTIoN 3. Sections Declared Inva1id. If any part, section, subsection, sentence, clause or phase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the renaining portions of this ordinancei and the Tolrn council hereby declares Lt 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 lnvalid. i' SECIION 4. Confllct with Part II and Part I of SDD No.7. If any part, section, Eubsection, sentence, clause or phrase of Part II conflicts with any part, sectlon, subsection, sentence, clause or ptrrase of Part I of SDD No. 7, the language contained in this Ordinance shall control . SECTION 5. Ilealth, Safety and Welfare. The Town Councll hereby finds, deterninea and declares that this ordinance l-s necessary and proper for the health, safety and welfare of the Town of Vall and the inhabl.tants thereof. SECTfON 6. RepeaL and Re-Enactment. The repeal or the repeal and re-enactment of any provislon of the VaiI Municipal Code as provided in this ordinance shall not affect any right which as accrued, any duty irnposed, any violation that occurred prior to the effective date hereof, any prosecution conmenced, nor any other action or proceeding as conmenced under or by virtue of the provlsion repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THTS - DAY OF , 1990 at - p.m. in the couiEifl-chanbers of theVail Municipal BuiLding in Vail, Colorado. Ordered published in full this _ day of ,1990. KENT R. ROSE, MAYOR ATTEST: PAMEIA A. BR,ANDMEYER, fOIrlN CIJERK TNTRODUCED, READ AND APPROVED ON SECOND READTNG AND ORDERED PUBLTSHED THIS DAY OF , 1990. KENT R. ROSE, !,IAYOR ATTEST: PAI|TEIJA A. BR,ANDIIEYER, TOTIN CIJERK oo oo To: Planning and Environmental Comnission FROM: Connunlty Developnent Department DATE: Septernber 4, 1990, REVISED RE: A reguest for a najor amendment to Special Development DLstrLct No. 7 (The Marriott Mark Resort) in order to add 55 timeshare units and 10 enployee housing units at 714 West Lionshead Circle, I.ot 4, 7, C, D, Block 1' Vail-Lionshead 3rd Filing.Appllcant: l{K Corporation, Kaiser }larcus, and theUarriott CorporatJ-on I. INTRODUCTION A. Proposal Below is a summary of the proposal: - 56 tineshare units each unit not to exceed 1050sq. ft. for a total of 58,800 sq. ft. of GRFA. one lteek tlmeshare intervals are Proposed for eachunit (50 i.ntervals/unit/yearl. AII tj-meshare units shall meet Town of Vail ordinances governing timeshare. - 10 enployee units at 400 sq. ft. each for a totalof 4OOO sq. ft. of GRFA. Units are Permanentlyrestricted as enployee housing. - Replace two of the western most tennis courts with landscaping to create an open green space area. - Landscape lmprovements around the pool area. - Pedestrian path connections for general public use throughout the project. - Pocket Park for public seating adJacent to the Lionshead Recreational Path located on To!"n of Vail property. - L27 additional parking spaces which provides 2 spaces per dwelllng unlt and 1.5 spaces per employee unit per Town of Vail code. 5 spaces are valet. Iandscaped terraces are proposed to cover the parking. - Regrading and revegetation of hlllside adjacent to Town of Vail Recreation Path along Gore Creek. o o oo - No wood-burning fireplaces are proposed for any ofthe unlts. - Repaint existing llarriott and alteration to desJ.gnof exlsting Marriott balconies. This addition would be located on the west end of theproperty and built prfunarJ-ly over the existlng parklng structure. As outtined in the SDD Eection of the zoning code, the following nine criteria are to be used in evaluating the nerit of the Speclal Developrnent Dlstrlct. It isthe burden of the applicant to demonstrate that subnittal naterial and the proposed developnent plan conply vith each of the following standards or demonstrate that one or nore of thern l-s not applicable,or that a practical solution consistent with the public interest has been achieved. Development Statistics Site Area: 5.oB Acres 22L,527 sg. ft. Acconmodation. Units Dwelling Units Enployee Units GRFA Meeting Room (sq.ft.) Ancillary Retail (se.ft.) Restaurant/Bar (seats) Parking Spaces Exlstlng ProposedDeveloprnent Development 248 53 0 134,000 12,000 1r 5OO 426 273 10 62 r 800 o 0 0 L27 Total. 248 109 10 196 r 800 12,000 1r 5OO 426 400 o 56 oo II. SPECIAL DEVEI-,OPMENT DISTRTCT CRITERIA oo A. The Plannlng and Environmental Commission, staff, and adJacent property ordners had concerns about the height and naeg of the building. In response to these connents, the appllcant has decreased the height fron 58 to {8 feet. The maas of the proJect has been centered ln the existing parking structure footprint. As wlth the original proposal, the mass and height of the proposed expansl-on have been designed to ilstep- downt fron the existing 7-story hotel to a three tofour story element along core Creek. In respect to setbacks, on the south side 'rGore Creek siderr, the new building naintains a 20 ft. to 43 ft.setback. On the side of tlre project adJacent to theVail AsEociates parking lot, the e:<panslon of the parklng structure would continue an exlsting 5 foot setback. The actual tineshare building on the southwest corner of the property naintains a ninimun 20foot setback. The north side or west Lionshead Circle side of the project naintains a 35r setback. Vlew studles have been completed from a variety of vantage polnts. The addition conceals the exlsting parking structure and elirninates any open parking onthe site except for a few spaces on the northelevation. The additLon of any new structure will have sone degree of inpact on views. There are no naJor negative inpacts on views fron public spaces. When valking along west Lionshead Circle in front of theprojeci, instead of seeing exposed cars' one will view a three story buitding. The view analysis indicatesthat the vantage points frorn the Lnterstate and the Frontage Road are not affected greatly. The view of the Mountain and ski slopeE is substantiallymaintained. There are sone inpacts on views from the Antlers (looking towards Red Sandstone Mountain), the resLdentLal area along Forest Road (looking toward Potato Patch), and the vail Spa (Iooking toward Vall Mountaln). From these vantage points, the proposed bulldlng ls blocking either a view of the existing parklng etructure oi other comnercial or residential development. obstruction of views of undeveloped uountain sLdes does occur in sone areas. to B. ao By terracing the building down to core creek to relateto ttre lower denslty development on Forest Road and aleo the public recreational path and strean corrLdor,the applicant has responded to vLew concerns raised by the publlc at prevlous revlews by lowering the heightof the building by 10 feet. The archltecture of the proposed addltion does not rnirnic the existlng hotel . Instead, the applicant proposes to relate the two buLldLngs by the use of complinentary colors. The applicant haE agreed to repaint the entlre exLEtlng l{arriott proJect in a Danner whlch will conplinent the proposed expansion. uses and activitv. Densl.tv The residential uses proposed for thls facility are conslstent and cornpatlble with surrounding developrnent. Located in the Lionshead area, overnight lodging accomnodations are appropriate for thls site. one of VaLlrs naJor mixed use activity centers, Lionshead lscentrally located and well Eenred by the Towna translt system. At the present tLne, the site is developed to approximately 34.8 units per acre. The development proposed with thls anendrnent would Lncrease the site density to approxinately 47.8 units per acre (this includes the 10 enployee unlts). This level of development exceeds that pernitted by the Townrs highest density residential distrlct (PA or HDMF, 25 dwelllng units per acre) . However, 47.8 units per acreis not unprecedented. The Ll-onsquare Lodge is developed at 55 units per acre' the Antlers is at 60.5units per acre, the Doubletree is 51 units per acre' and Vantage Point is at 71 units per acre. The Vail Spa directty to the north is at 17.2 units per acre and the Enzlan is at 31.4 units per acre. Holtever' looking Cnly at units/acre rnl.sEes other planning iesues. The relatLonship of the building to the sLte and surroundl.ng nelghborhood ls relevant. staff believes thls.project relates posltively to the specific site and surrounding neighbors. The density proposed for this site is much greater than the los density developnent on the south side of Gore Creek. Gore Creek provldes a natural buffer between the lon density residentl.al development along Porest Road and the entire Llonehead area. This open space provldes an adeguate buffer between these two residential areas. Gore Creek also Betrtes as a natural c. o barrier deflnlng the physical linite of the Lionshead core area. Please see the attached chart lndlcatingthe exleting developnent on adJacent propertles attached to the zonlng memo. TLneshare The propoEed tineshare use is acceptable to staff. Tlneshare would only be allowed in the new westbuilding through thiE anendrnent. Any additl.onal timeshare would require that the appll.cant anend the SDD. This use Ls encouraged by the Iand Use Plan. Theappllcant has agreed to conply with all conditions of Town of Vail Ordinances governlng tfuneshare. TlneshareproJecte generally retain a higher year round occupancy than any other tourist acconrnodation use and thls usefits well withln Vail,s policies to level seasonall.tlesof guest vislts. Assunl.ng L.5 parking space for each of the L0 enployeeunits, and two parklng spacea for each of the 56 tlneshare units (as per zoning regulrernents), the new parklng requirenent for the proposed additlon is 127 epaces. The e)q)ansion of the existlng structure w111eatisfy this requirenent. To the best of staffra knowledge, the parking required through previous approvals has all been constructed (273 Epaces). origlnally, the staff requested seven enployee housingunits. The appllcant is proposing 10 units or 17.8t. The ttouslng Task Force is discussing a possibility of a 20t or greater housing reguirenent for sDDs. TheMarriott proposal has been evolving at the sane timethat the Housing Task Force has been refining itspolicy reconmendations. The staff opinion is that theapplicant is providing 10 hlgh quatlty enployee units, pernanently restricted. t{e believe the applicant has taken the staffrs original request of seven units (l{arch 1990) and increased the amount to lo units shich Ls approprLate for this SDD. The 56 tineEhare unltswilt generate an enployee denand of 5 to 7 additlonal ernployees. Thls Is due ln part to the fact that the existing ltarrlott wlll provide nost of the senrices for the tlneshare proJect. The enployee denand generated by the expansion ls net by the Xo units. Conpliance with oarkino and loadino recmirernents asoutlined in Chaoter ]-fJ.52. oo oo D. As required by existing sDD No. 7 there are to be 273parking apaces on the Marrlott property. As with anyproperty, the management and control of parking spacesls critical to their efflcient use. At the present tine, the westerly parking structure provides a veryinviting environment for illegal parking. Locating abullding over ttre structure should provide greater control and increase efficiency in how these spaces areutl-lized. Tlro Loadlng areas presently exist. Staff will also reguire that the screening of loadLng areas be addressed by the appllcant at DRB. fn particular, the loading area on tlest Lionshead Circle to the east ofthe nain hotelrs entry must be landscaped and fenced. Conforrnltv with applicable elenents of the Vail Comprehensive Plan, Town policies and Urban Design Plans. The vail L,and Use Plan is the most relevant document to be used in evaluating thls developrnentproposal. The project is consistent with a nunberof goals outlined in this document: 1.1 VaiL should continue to grow in a controlled environment, maintaining a balance between residential , comnercial and recreational usesto Eerve both the visitor and the permanent resident. 1.3 The quality of developrnent should be naintained and upgraded whenever possJ.ble. 1.12 Vail should accornmodate most of the addltional growth in existing developed areas(infilf areas). 2.L The comnunity should enphasize its role as a destination resort while acconmodating thevisitors. 4.2 Increased density in the Core areas is acceptable so Long as the existing characteris preser:ved through inpJ-ernentation of the Urban Design cuide Plan and the VaiI Villagellaster Plan. 5.1 Additional- resldential growtlr should continueto occur prlnarily in existing, platted areas and is appropriate ln new areas where high hazards do not exist. to 5.2 Quallty tineshare units should be acconunodated to keep occupancy rates up. 5.4 Residential growth Ehould keep pace with the narket place demands for a full range of housing t1pes. 5.5 The exl.sting ernployee housing base should be preserved and upgraded. Additlonal employee housing needs should be accomodated at various sites throughout the connunity. llhese goal statements provide the fundanental frameworkto be used Ln deternining whether or not additionaldensity is appropriate on thls site. As reflected inthe above goals, this proposal is very conslstent withthe directJ.on provided in the Iand Use PIan. *Please note that the Lionshead Urban Design Gulde Plan does not apply to this property. oo E. Thl.s property isgeologic hazards Town of Vail . not affected bythat have been any natural and/orldentified within the F. comrnunLty. The site planning for the addition has changed in that a naJor portion of the addition has been centered overthe exLstlng parklng structure. fhe l-ocation of the mass and bulk of the building in this area has allowed the designer to reduce the heigttt by ten feet. It has also helped to reduce the building mass along Gore Creek. A portion of the new developnent is proposed on what is now undeveloped open space directly south of the exl-stlng parking structure. several aspens will be rernoved to allow for the building. However, this open space J.s generally not accesslble and not anaesthetically pleasing area. oo G. A naJor element of the proposalrs landscape plan ls theelinlnatlon of two tennis courts. Converting thl.s areato functlonal green apace wlll nore than off-set theloss of open space south of the parklng structure. A naJor concern of the staff ls the physical relatlonship of the bullding addltion to core Creek andthe recreational trail. orlginally proposed at 5etorles and wl-thl-n 5 feet of the property line, theadditlon would have seriously J.npacted the enJoynent ofthls trail. Tlre buildlng le now 20-40 feet fron therear property line. The bulldlng le approxinately 50- 6o feet from the recreational tralL. The south facadeis three and four Etorles. The locatlon and nass ofthe bullding now provLdes for a comfortablerelatlonshlp with the recreational trail. Improvements to the pedestrian circulation systen include a path connecting to the Gore Creek bike path, a walkway through the proposed development connecting the West Day Lot with other parts of L,ionEhead, and the developnent of a sidewalk along West L,l.onshead Clrcle connecting to an existing sldewalk on the South Frontage Road. Thls J.nprovenent ls located off the applicants property. These improvements are deslgnedto serrre not only the proposed development, but also to inprove pedestrian circulatlon throughout this area of LLonshead. Staff would suggest that the appllcant include a pedestrian connectlon between the west daylot and the lower level of the parking structure toallow for easler pedestrian access. We would also ask that the oltner provide a public pedestrlan easement through the property. Internal vehicular circulatLon will also be Lnproved by redeslgning the existing parking Btructure. currently each level lE accessed Lndlvidually, resultlng lndifficult cLrculation patterns. The proposed nodifications to the Etructure will introduce internalclrculation between the three levels of the structure. An aeaessment of the potential traffic inpacts of this development has been included as a part of the envirorunental inpact report. A March 9 addendum tothis report indicateE that a weetbound left turn laneoff of the S. Frontage Road onto l{est L,lonshead Clrcle LE needed today based on existing trafflc volune. Currentl.y, 35 vehlcles nake this left turn during the cLrculatl.on. oo to H. p.n. peak hour. This developnent vould increase this eLtuatlon by 2ot, to 42 vehicles during the p.n. peak hour. Based on the State of Colorado Access Code, aleft turn lane is warranted with more than 30 turns per hour. Glven the 2ot increase ln thls left turn activlty'there le no guestlon that this Lnprovement &ggE be conpleted before the proposed expanELon recelves a Temporary Certlflcate of occupancy. However, theltarrlott addition is not the sole contributor to the need for the left turn lane. Town buees, the 9leat Day Lot and a nurnber of other properties are creating the need for this lane. Because the lrlarriott ls the rrlast guy in the doorrr does not Justtfy reguiring then to fund and construct 10ot of thls inprovenent. Theltarriott J.s responsible for, and ls willing tocontribute to, thelr fair share of the e:<pense in constructing this improvement. There are a nunber of alternatives for how this Lrnprovement can be inrptenented. The nain issue with each of these alternatives is wLth regard to the tiningof the inprovenent. lfhe Town will be conpleting a comprehensive transportatS.on plan for the Srontage Roadthis fall. It is very likely that this improvernentwltl be ldentified by this plan. However' the Town isin no position to connit to funding or a specific schedule would aBsure this inprovement is in placeprior to completlon of the Marriott facility. This essentially puts the burden on the applicant to develop Eone nechanl.sn for assuring that the turn laneis conpleted when the addition is flnlshed. The siroplest way to accomplish this is for the l{arriott to fund loot of this inprovenent. However, this ie not an equitable solution. other alternatLves involving theparticlpation of the ltarriott, surounding property owners, and the Town are possible, and should be e:rplored to arrive at an eguitable solution. There are a nurnber of significant improvernents proposed to landscaping and open space throughout thls slte. Foremost anong these is the converEion of two tennis courts to green space areas, a pocket park/pull. off area to be developed along the Gore Creek trail, landscape inprovements to the bertn around the proposed additlon, and landEcape inprovenenta along LionEhead o o oo Clrcle throughout the length of the property. These changes will provide not only functional open Epace,but also aesthetic improvements to the slte. The pocket park ls a posltive additlon. Staff wouldlike to Eee a plcnic area added to the pocket park and more landscaping. The developer has also agreed siththe staffrs requl.renent that the strean bank be regraded and revegetated this Eunmer. The dralnagesalls and pipes will also be cleaned and Lntegratedinto the slope. In addition, Dore landscaplng ls requl-red along the weet elevation of the structure. A rnix of aspens, ehrubs and evergreens is approprl.ate. Staff acknowledges that the space for planting J.s only 5feet. However, nore landscaping and a varlety of materials are necessary. district. As proposed, the additlon and all related site Lnprovements are to be completed in one construction phase. V. ENVfRONIIENTAL IMPACT REPORT The Environnental Impact Report prepared by Peter ifanar Associates (Revised May 10' 1990) sunmarlzes any inpacts and proposed nitigation on p. 32 of the report. The prinary irnpact areas relate to views, traffic, and the guestion of additional denslty. These issues are revlewed by staff in Sections IIA-Vl.ews, IIC & G-Traffic, and lfB-Density. Allnitlgatlon neaaures proposed ln the EIR shall be incorporated lnto the sDD. VI. STAFF RECOI,IMENDATION In evaluating this proposal , one nust flrst consider the fundanental question of whether or not additional developnent ehould be conELdered in Lionshead on this site. Based on the goals of tlre Vall Iand Use PJ,an, lt ls approprLate to consider a request of this nature. A nunberof goal statenents support the concept of tirneslrare units and inflll developnent in the Core areas. The task at hand then, is to evaluate whether the design of thLE proJect is sensitive to all appllcable criteria outlined ln the SDD section of the zoning code. Phasing plan or subdivision plan that will nal-ntaLn a workabLe, functional and efficient relatLonEhip throuohout the development of the specLal development I. 10 oo 'o A review of the SDD criteria indicates that this project is consletent wlth the purpose and intent of this zonedistrlct. A nunber of iesues have been raised by the PEC and staff during the review of this proJect. In each case these concerns have been addressed by the applJ.cant in a Danner that Le consl.stent with the Design Criteria. Parking, clrculatlon, helght and massing, view irnpacts, employee hous!.ng, and landscaping/open space have all been addressed by thls developrnent plan. Staff nust enphagle the unlqueness of the l{arriott Marksituatl.on. There are very few sltes sithin the Town of Vailthat have the capability to add this tlpe of density. Staff believes that there are unlque characteristics related tothls site that nake it poeelble to add a proposal of thlescale. Unlque factore lnclude: 1. The exlsting parking structure is in a location that would actually be inproved in appearance with this expansion. lltre site is very well suited for inflll devel.opment. 2. The Lionshead area (excluding the Forest Road nelghborhood) has sinilar lodging uses, mass, bulk and units per acre which are conpatible vith this tlpe of additlon. 3. Ttre applicant has naintained a 48 foot height which does not exceed the llnits of the Townrs highest denslty zone district (HDMF or Public Acconrrodation zoning). 4. The proposed use is ln keeplng with the Land Use plan goals calling for additional tineshare units and other Land Use policles as listed in Section IID of the memo. 5. The Environmental Inpact Report and staff review have not identlfled any maJor negatJ-ve lnpacts with theproJect. Any inpacts that have been deternined by the environnental inpact report have been nitigated in a reasonable fashion. 6. The proJect neets parking, setbacks (except on the east side by the parklng structure), site coverage and landscaplng reguirenents. In fact, the nininun requirenents for site coverage and landscaping are substantlally exceeded by the project. 7. The site has good vehicular and pedestrian access. Vehicular traific will uee the Frontage Road. It ie not necessary to access the Eite through a low denslty residentlal neigtrborhood. 11 t o oo 8. The elte Ls located near all of the eervices and aprinary ski base area' Llonshead. It J.s very ipproprlate to allow for lnfill development ln an areathat already has a wide variety of gueet senrices. Staff feels lt ie crltical to ldentlfy the unlqueneas ofthis speclal Development Dlstrict to ensure that denslty increases are not deened automatl.cally acceptable by uslngthe Special Development distrlct process. It Is also tnportant to ldentlfy the npubllc benefLtrr shichresults fron this proJect. Below ls a llgt of the benefits which are derLved fron this proposal: - Tlre substantial upgrade of landscaping on thelfarrlott property as well aB area adJacent to therecreational path along Gore Creek owned by the town of vail . - lfhe provlsion of public wallfiilays along west Lionshead Clrcle through the center of thel{arriott site fron the l{est Day lot. - The entire repainting of the existing llarrlott ProJect to conpliment the proposed expansion. - Enclosure of the existing surface parklng and theaddltion of landscaped and open area above theparking. This is achleved by the landecaped terraces over the parking area as well ag theelinination of two tennis courts. - The provl-sJ-on of 10 employee housing units whlch have been fully counted in the density and GRFAfor the Project. - The provlsion of additlonal high quality tineshareunits whlch diversify the existlng unit tlpe andnix and provide Vail with additlonal destLnationgueets year-round per the Land Uee plan goal 5.2. Staff recomends approval of this proposed amendnent with the stLpulation that the developers/owner rneet the following conditl.ons: 1. Deed restrictions liniting the use of the ten enployee unLts to long tera employee rentals in perpetulty ahall be recorded prlor to the Lssuance of a buildlng petmlt. The units slrall meet the conditl-ons for enployee housing outllned in Section 18.13.080 810 a-d of the Zoning code except that the units are restrlcted per:manently. L2 oo t o 2.A detalled drainage plan and other deslgn Lssuesrelevant to publlc works concernE Ehall be subnitted and approved prior to the issuance of a buildingpermlt. Pollution control devises ehall be Lncorporated into the parking garage per the EIR. The creek Ehall be protected from any construction inpactsby the use of an erosl.on control plan. Worklng in coordlnation with the Town staff, the appll.cant shall fund and conduct a conprehenslvetraffic study of the l{est Lionshead Circle area EuLtable for determining the Marrlott Markrs contrlbutLon to the cost of constructing any necessaryturn lanes on the S. Frontage Road to West LlonsheadCircle. Prell.nLnary deslgn and cost estimates for theturrr lanes shall be provJ.ded. At a mlnimun, theapplicant Ehall be responsible for contributlng thls agreed upon amount toward the cost of this improvement. A prellninary design and fundlng strategry for construeting any turn lanes shall be established priorto the issuance of any building pernit, and the turn lanes shall be cornpleted prior to the issuance of a Tenporary Certiflcate of occupancy. The fundlng and construction plan must be approved by the Town of VaIl engineer, Connunity Development Departnent, Town Council , and Colorado DivLsion of Highways before thebulldlng pemit ls released for the expansion. The applicant shall be required to subnit a CDOU accesspernit apptication on behalf of the Torln for the West Lionshead Circler/South Frontage Road lnprovement. A signed CDOH pernit nust be obtained by the applicant before a building pernit is released. All aspectE related to the tlnesharlng of this facility shaLl. conply wlth all applicable town ordinances that regrulate tl.meshare activity. Tineshare is only approved for the proposed 55 unit building. The 10 enployee units shall not be allowed to convert to timeshare. Any landscaping proposed on Town of Vail land shall be subnitted by the appllcant to the Town of Vail landscape architect and engineer for approval beforethe proposal is subnitted to the Design Review Board.AII landscapLng propoeed on Tortn of Vall land ehall be maintained by the applicant. 3. 4. 5. 5. 13 t o oo 7. lltre appllcant shall agree to regrade, revegetate, and repair the dralnage on the bank adJacent to the blke path along the southern property line of the litarrlott Uark by August 1, 1990. A letter of credit shall be subnitted to the Town of ValI before second reading of the SDD ordlnance. Ttre landscape and dral.nage workshall be eubnltted to the Town Engineer and landscape Archl.tect for approval before the proposal Le presented to Design Review Board. 8. A temporary certificate of occupancy shall not be released for the expansl.on until aII Eite lnprovenents have been conpleted such as sLdewalks, landscaping, drainage etc. If tbe weather prohi.bits the conpletionof the site irnprovements, the appllcant shall be requlred to provlde a letter of credit to cover 125t of the constructlon costE for these irnprovernents. The constructlon eetlnate shaLl be reviewed by the Town Engineer and Iandscape Architect. The agreementstipulating bow the site inprovenents will be completed and letter of credit shall be subnltted by the applicant to the Town Attorney for approval before a tenporary certiflcate of occupancy nay be released. 9. Before a temporary certiflcate of occupancy is released, the appllcant shall plat a public easenent to insure public access through the site on the proposed Eidewalk inprovenents. The applicant shall subnlt the eaEenent agreeurent to the Town Attorney and Town Council for approval before recording the easenent. 10. In additlon, the Etaff reconutends that the DEsign Review Board address the following design issues if the proJect proceeds to DRB: - Additlonal landscaping shall be addressed along the west elevation of the parking Etructure. A mlx of deciduous, evergreens, and shrubs should be provided of a size adeguate to screen the etructure as nuch as posslble. - Iandecaplng beyond sod should be provided on the.Iandscape terraces over the parking Lf possl-ble structurally. - All loading areaE should have additional Iandscaplng and screen fencing lf necessary. The loadlng area to the south of the EnzLan orLrOstello should be fenced. - Pedestrian access should be provlded from the west Day I€t through the lowest level of the parklng etructure. L4 noJ"nao stalr on the north t"tron should be desreaEed ln uidth to allow nore landscaplng. llre north elcvatlon adJacent to the parklng structure stalr ehould have nore wlndows. Irndscaping should be planted along the etalmay and bulldlng. 15 r Rwral,D zlttloo TO: Vail Eown Council FROI!: Connunity Developnent Departnent DATE: ilune 19, 1990 Rl: Sunnary of Planning Corunl.ssion action on a reguest for a najor anenr{nent to SpecJ.al Devel.opment Distrlct No. 7 (The Marriott Mark Resort) in order to add 56 tineshareunits and 10 enployee housing units at 714 l{est L,l.onehead Circle, I.ot 4 , 7, C, D, Block 1, Vail- LLonshead 3rd Filing. on June 11, 1990, the Planning and Environnental Conmlssion reconmended approval of this reguest with conditions. The notion was made by Kathy Warren and seconded by Jim Shearer. The vote was 4-1 for approval of the motion. Connie Knight voted against the notion, Chuck Crist abstained and Ludwig Kurz was absent. Connie Knight voted against the request due to her concern aboutthe overages in GRFA (70,077 sg. ft. over HDI|F allowed GRFA),unlts per acre (22 unlts above allowable under HDI{F), and the nurnber of units (115 units over HDMF allowable). Below is a list of the Planning and Environnental Conrnissionrs changes to the staff conditions for the SDD. The PECrs changes have been indicated in bold type. X. Deed restrictions lirniting the use of the ten employee unitsto long tern employee rentals in perpetuity shall be recorded prior to the LsEuance of a building pernlt. Theunits shall meet the conditions for employee housingoutlined in Section 18.13.080 B1o a-d of the Zoning Code except that the units are restricted permanently. 2. A detailed drainage plan and other design issues relevant topublic works concerns shall be subnitted and approved prLor to the issuance of a building perrnit. Pollution control deviseE ehall be J.ncorporated into the parking garage per the EIR. The creek shall be protected from any construction J.mpacts by the use of an erosion control plan. 3. tforking in coordination wlth the Toriln staff, the appllcantehall fund and conduct a comprehensive traffic study of thetlest LionEhead Circle area suitable for deterninlng theMarriott Uarkrs contribution to the cost of constructlng any necessary turn lanes on the s. Frontage Road to west Lionshead Circle. Prelimlnary design and coat estimates for the turn lanes shall be provided. At a rninimun, theappllcant shaLl be responsible for contributing this agreed upon anount toward the cost of thls improvement. I4.A prelfuninary design and funding strategy for constructing any turn lanes shall be established prior to the issuance of any buildlng pernit, and the turn lanes shall be completedprior to the issuance of a Temporary certificate of bccupancy uDlest defirred by tbe Connunlty D.v.loDDsDt Dspartoent and hrbllc rorta. The fundl4g and.constructionplan nust be approved by the Town of ValI engl-neer, conmunity Development Departnent, Town Councl.l , and Colorado Divisl-on of Hlghways before the bullding permit Ls releasedfor the expansion. The applicant Ehall be reguired to subnit a cDoH accesspermit application on behalf of the Town for the West Ll-onshead CLrcle/South Frontage Road improvement. A signed cDoH pernit nust be obtained by the applicant before abuilding permit is releaEed unless dcferr€al by th. couunl,ty DovslopD€at Dcpartuaat and Publl.c rork3. Atl aspects related to the tfunesharing of this facllityshall coroply with all appJ.icable town ordinances that regrulate tineshare activity. Timeshare is only approved forthe proposed 56 unit building. The 1O enployee units shall not be allowed to convert to timeshare. (Any landscaping) Detailad landscapl,ng slullar to tbo reetln Eotel laldacaplng along tbe recreatlon path proposed on Townof VaLl land shall be subnitted by the applicant to the Townof Vail landscape architect and engineer for approval before the proposal is subnitted to the Design Review Board. AII LandscapJ.ng proposed on Town of Vail land sha1l be naintained by the applicant. The applicant shall agree to regrade, revegetate, and repair the drainage on the bank adjacent to the bike path along the southern property line of the Marriott llark by August 1,1990. A letter of credit shall be subnitted to the Town of Val-l before second reading of the SDD ordinance. The Iandscape and drainage work sball be subnitted to the Town Engineer and Iandscape Architect for approval before the proposal is presented to Design Review Board. A temporary certJ.ficate of occupancy shall not be releasedfor the expansion until alL site improvements have been completed such as sidewalks, landscaping, drainage etc. If the weather prohibits the conpletion of the eLte inprovements, the applicant shall be reguired to provide aletter of credit to cover L25* of the construction costs for these Lrnprovenents. lhe construction estinate shall be reviewed by the Town Engineer and Landscape Architect. The agreenent stipulating how the site inprovenents will be conpleted and tetter of credit shall be subnitted by the applicant to the Town Attorney for approval before a tenporary certificate of occupancy nay be released. Before a temporary certificate of occupancy is released, the applicant shall plat a public easement to insure public access through the site on the proposed sidewalk inprovements. The appticant shall subnit the easement 5. 6. 7. 8. 9. { |.).)';10. ttarkctl.ag lql6uage for the gale of tbe ]esharc uaLtg shall be guDultted]r tbe loua lttornsy by tbEppliaant tor agproval . Ebic rording governlng the narletLng ol tbe tlneabarl,lE sball be added to thc aDD ordllEnco. 11. no anpllfloatloa ot Fouttd oa tbe grs€trspacr croated by tbcr.Dovll of tba tvo tenal.g courte sball bc allorcd lor coavcntlottt or otber epcclel €veDts. The following itens were staff reconnendations to the Design Review Board lf the project proceeded to that review level . The Planning Conmission changed these recornmendatLons to conditionsof approval . !2. Elgnitloant landscapilg lncludLng evcrgreeDs, deol.6uouatf..sr rad ehrrrbs shall be provllled on tbr laadaca;leterraoar ovcr th. parllng E!€!. rf adilttlonal rtruotural supDoat nugt be added to tb€ tolrac€B to luDport algnlf,l'oant laadroaphgr (ag dcscrlbed ln tbe prevl,ous rentcacel , tbeappllorat/orlsr ahall be regulred to lttetEtboa tbegtructur of tbe tcrrloe to lllor for ths landscaplng. 13. tddltloaal laadscapl.ng aball be provlded along tbe vcst elcvatlon of the parklng gtructure. a nlx of declduoua, 3verEt.etrs, tDA ghrubg shall be provlded of a algc rdoquat€to Ecaa.a the etructur€ as Ducb as possLble. Ihe apPllcaDt 1g Clrctc6 to vork rltb val.l lssoclateg oa thc landsaa;ringbutt€r. 11. All loadhg aroat Bhall havc additlonal laadscaplng and scrso! fcnclaE. 15. Tbo r!.ndn€Dts to Speclat Developnent Dlstrlct No. 7 ar€ approv.d coadl.tioaal utton PltnDlng and EnvLronuental counlsglo! lnd lovr councll glvlag apptovsl to tbe underlylng ro!€ dlstrlot r€quest. 16. Ilc Dallast oD the erlgtlng bulldlng aball De cDaDgeO to natch tbr color of tbe netal root ol tbe propoaed addll'tlon. In addition, the staff and PEc recomnend that the Design Review Board address the foLlorping design issues if the project proceeds to DRBs - PedestrLan access should be provlded from the Weat Day. Lot through the lowest level of the parking structure. l - The entry stair on the north elevatLon should be decreaEed in width to allow nore landscaping. - The north elevation adjacent to the parking structure staLr should have nore windows. Landscaping should be ptanted along the staimay and building. These conditions of approval have been incorlrorated into the special Developnent oiitrtct ordl.nance. The recomnendations to the Design Review Board will be passed onto the DRB by the Connunity Developnent Departnent. c PETER JAMAR ASSOCIATES, INC A.ANNNG. OEVELO9MENT ANALYSTS FES€ARCH TO: FROI{: DATE: RE: KRISIAI| PRIIZ I P TER '*'*4J JITLY 10, 1990 . IdARRIOTT TdARK RSSORT RENOVATION - SPECIAI., }TEHORINDI'I,I E:EAISION ArID OSITEI'N@E DISERICI *7 As a result of the tosri Councilrs review of the project and in response tc =".r"tlf --;d;;i;tt"'nia" by neubers of tlre Town couircil se would like to propose -tu" roirouing four revisions' ""rtitt""ts, and clarifications' 1. GRFI. Tbe previous GRFA total proposed sas 67'200 Eqluare feet' excluding the 4, ooo -squlie- f-eet ' for -tbe ten euployee units. After iurther study ana-anafys-i1^of -the floor plans we ProPos" ;; ;;et;" trti= t'otal to 5!'8oo square feet' 2.. It has couniEuen-"@at, in addi--ion t to repaint tn. "illtiiit--oi trre -exisiiits.!9t11'.-::^.,:tli: to repa :t:rilt-; ii; -exi"iii'g-hotel,. 13 -.:tlil;:":if i:"It.lJl.iii=li-ir,"';:t ::":::- il,. ? iu'i.':,,':I::i tllEBiiiiiffi ,:'g;:H;.:: -ii; -Fi_l'1i:*i" *:_?1,,..*.::lil::E;::l?; ":H:"::i::' J: iryi:ri;i:=l ":.:::::=. ff"m::ig:i:i:: i3'"*i-n..,!-I ,i""iii""a;;is" to propose in tbe next ferr daYs. 3. $IESEA&IXE. Dre to several -questions --reqerding tie tiaeshare naturE of the expinsi6" ve baJ? PrePared an inforoati.orr.i--i""oi""a'- aaf,ressing specif!'c suestions' This nemorandum is atrachea -iii-iii l-e-incruaed- in this reekrg Town council Packet' #"#i; :il^H:l'J:."f,[3i'jo1H,. &ro'ado I I os 7' (30 3) 47 o' 7't s 4 $ffi?tsrtofrstan Prltz c Page 2 4. L,EFT l'ttRl| LAI{E. ls a point of clarlllcatl'onr__we_ firlly ruraerstana tnat tl for scre reason aD overall funafng 'etrategry tor Frontage Road _lTllroneuents I'e not cstabUgbed prlor f6 lsguance of orrr c.9., ue lay _be r-esponslble _lorioot or tbe cost of the left turn lane off of FrontaEe Road to lfest &l.onebead Clrcle sl'tb a rJ'ght of rahburcanent lor costs exceedlng rour fal.r gbarei at tsrrc firtule date ebould an overall tr:ndlnE lecbanisn be put lnto place Please let ae know lf you bave any quectlons roqrardlng tbese tlve Lterns or any other aspect of tbe proJoct. fROlti SUBJECT D;\1'E ! Vail Toxn Council : John F. Sweeney@Vice President, $dvelonnent As a folr-ow-up to our recent hearing r lranted to provide additionalinforaation to the councir concerning the timesfraring industry inger:eral and Marriott tinesharing specifically. our proceeding on June 19 covered nany issues and a reratively newconcept for most of the council members. Accordingry, the arnount oftime we had did not afford an opportunity for mJ tt tutty explainor document the prograrns and facts that we feel rnakeJ ourtiuresharing operations both unique and superlative. r wouldtherefore rike to provide sorne salient facts about our organizationand industry to more ful1y inforrn you about things we ieer makes-'e Mark Marriott til:sharing project a good fit for Vail. ;::-y is ltarriott in the timesharing business? This is generally thefirst question we are asked in municipar presentations. The answeris quite simple. Timesharing under the 1eadership of Marriott andother rnajor conpanies such as Hilton, ITT-Sheraton, Disney andRadisson has shed most of its previous poor image. ft has ernLrgedto consumers and developers in recent years as a respectablebusiness opportunity especially for hotel ind resort operators. Ithas many positive advantages that have captured the attention oflarge developnent organizations, as well as hoteliers: Marriott Mark Resort July 5, t-990 FI LE : ?lP5 O/O!.niE . I'IEM o ft is a logical extension of the hospitality business. o The sklll.s and senrices needed to provide customersatisfaction are patently siuilar to hotels. o Tinesharing sells seasons and periods through theentire year bolstering periods of low occupancy. o The tluesharLng custoner closely matches the resorthotel gruest profile..upscale, and vacation ninded. o The tineshare experience is repetitlve yet cyclic...it creates brand loyalty. o The exchange and rental functions bring tourists tothe resort area that night not cone othernrise. o t .. -'. J.'.i.'ir: .i;c': tji..r,, -, frl- - !.- .- j 'r ., 5'he irrdustry has reached world-wide proportions with2600 resorts throughout the world in over 40 countries.There are presently over L,600 tirnesharing resorts inthe United States alone. There are presently over 2.5 nillion Arnerican farniliesthat own tirnesharing interests. This represents asignificant portion of the upscale consumei rnarket,and stands as testirnony to the acceptance of theproduct. The industry has emerged frorn uncertainty and largelyovercome the rnarketing abuses that tainted early ytars. The industry ii now.controlled with rneaningful stateand Federal legislation. Forty seven States in the U.S.have specific tineshare statutes. With nunerous successfuL SEC offerings and wide-spreadreceivables financing through najor-firancialinstitutions, the-industry has been accepted, by theinvestment conrnunity as a viable tinancial vehLcle. Press in recent years has acknowledged by the tenor ofrecent articles that tinesharing is a second honealternative for the 199ors and beyond. The extensive advertislng used in promotingthe tinesharing product creates inpact thatbenefits the rnarket area at all econonic levels. It presents a business opportunity for revenue andprofits at acceptable risk levels All of the above reasons bear on the litarrLott decision to enter the linesharing fierd. They are further re-enforced by MarriottrsIea9-erslip.positJ.on in hoter and resort ninageDent. $r; clearly areln the dominant role Ln the tl.nesharing lndustry today, try virtueof our entry Lnto tbe busl.ness five years ago. Some speclfic facts that enhance Marriottrs partieipatlon in thetinesharing J-ndustry are: o Our hotels that operate with ancillary tS.nesharingfacilities have found that the Marriott tlnesharing owner is a congruent fit with the hotel giuest profile. o o I o We have no\..' seen that the t,irneshare or,rner does infact augment our food and beverage business as veIIas posS.tively influence occupanoy. o We have established viable rental and resale programsin our tirnesharing strategic business plan. o We are able to take advantage of the positioning ofMarriott operations in preferred narket areas. o The use of hotel facilities and tle-ins such as frontdesk services gives us a cornpetitive edge and sets theconsumerrs perceived values at higher levels. o Our highly successful Honored Guest Award program dovetails with both hotel and tinesharingoperations. Looking to the record of what we have accornplished, r have a listedL lor r:sorts that we have sold out, havE in sales, or haye invarious stages of acti.ve development at this tine: 'i...i-'l Tc;;n Cci:r..3il- ,':-r-:.y 5r 199C .-reg3 ThrEe Resort,/Location Monarch at SeapinesHilton Head, SC Sabal Palrns Orlando, FL Royal Palms Orlando, FL Ileritage CIubEllton Head, SC Harbour CIubllllton Head, SC Cornrnents 122 two BR viL1as.1250 sf. Sold out in 1987. Winnerof numerous design awards. One award presented at a White House cerenony. 80 two BR Villas (1360 sf)Golf course location adJacent to MarrlottI{orld Center Resort. SoId out ln 1987 123 vlllas (1250 sf) All 2BR/28 units. Go1f, courselocatLon adjacent toUarrlott World Ctr Reaort.SoId out Spring 1990 30 !I\so BR villas. Sold outin nine uontlrs in 1987. 1430 Bf units 40 vlllas-two BR. orrrentlyin sales vith sell out in 1990. 1525 Ef units. o Strearnside at VailWest Vail, CO Paradise Beach Clubllassau, Bahamas Cypress HarbourOrlando, f'L Sunset PointeHilton Head, SC Palmeras VillasPuerta Vallarta, Hilton Head InnHilton Head, SC 2 3 9 tvro BR vilLas. l_650 sf .Sales started in 1989. WeiIabead of projections. AIIunits on golf course ne):tto 850 room hotel . 39 two BR villas. 1250 sf.Developrnent in progress.Existing 111 units in place 135 two BR vilLas. 1264 sf.Beachfront location. Sa1esstart in 1990. 500 two BR villas. 1345 sf. Under development. Sales inprogress. 111 two BR vilIas. 1165 sf.Currently in sales. 200 two BR villas. 1275 sf.Currently in final stagesof planning. Adjacent to new llarriott resort hotel . Planning in progress for200 beachfront units. AIItwo bedroon units. 1250 sf. The above listed resorts do not incrude others in prerininarv iSasgs o-f- developnent and .negotiations in rurop-, n.".ilr-;;;'i;;;the_caribbean, Arizona carifolnia, virginia ana'soutrr caroilna ttraiwill not cone on stream until 19i1 in-;"r si"ien. lfe properties listed reflect tinesharLng sales Ln excess ofll?5,000,000 nillion doltars since Marriott enterla trlestraiing in l:P1._Elris represents 4oo units coropreted and the sate of zo;ooohterivar weeks. The resorts we have under developnent ana inplanning stages shown on the above list totar an aaaitionar irroo+units with a retail sales potential of over $AOOTOOOTOOO. O :., :i.j"t. 1iC':,-'... CCUic'i.1 *1.:.1 .: 3i, ii90 ;.-: E= r':.v.e To provide a lrindow on the dernographics ancl satisfaction leveLs ofour l'larriott owners base, noru numbering 4oro0o families, r haveprovided some excertrlts form an incepenaerit su.rvey conducted in 1989lrith the folloving data resuJ_ting; Satisfaction Level: 89? Responses: 62* or,rners responding frorn Orlando resorts 388 owners responding frorn Hilton llead resorts Most important reasons for purchasing Marriott timesharing: Reputation of Marriott 462Marriott Exchange Systen 39tLikecl the Unlt/resort 222 Guaranteed accomodations 322 Save money on vacations 222 .arriott tinesharing owner denographics: Married couples 918 One or more children at home 488 Age 35-54 538 Age 55+ 30t College Degree or higher 792 College - non degree 858 Graduate School degree 408 o Professional rmanager orself enployed RetlredSales/technical trades Government workers Incole Datas Under ${OTOOO $40-50,000 $50-50, 000 $50-75, 000 975-100, 000 9100-125,000 $125,000 or hlgher 752 8tt0t 4t 6t 7* 13t 18t 23t 13t 202 o '.':.-.,' .r.rl--.r f .r ^-._. .,r.\.,r^i 1 i 'c..'n.., E;<change satisfaciion at liarriott ho:ne resort: Very satisfactory Satisfactory Uirsa*,-isf actory e4z 158 r-8 Level of interest in resort locations for Marriotttinesharing resorts: Hawaii Caribbean San FranciscoHilton Head Orlando Palm Springs ColoradoCalifornia Bch Cancun Cape Cod LAlSan Diego Fuerta Vallarta New Orleans Washington, D.C Miarni 87+ 85? 762 76* 692 688 642 63* 622 518 50* s98 s8g 508 232 * Selection of western areas deerned at high 1evelconsidering that alL owners sanpled were from eastcoast. Palrn Desert owners not included in suneysince not officially on MORI olrner roles in 198-9. For-your review I have attached articles fron rnajo" rr.""p.pers andnationar nagazines regarding tinesharing and its generat polture inthe- eyes of the press. These articles represent independentpositions. I have however also attached some recent tradepublication articles on Marriott vhich reflects Eome of the resortactivity nentl.oned in this lneroo. You will also note that I have attached two letters fron keybusiness people on HiLton Head IsLand. These letters reflect thEsentinents about Marriott Ownership Resorts in the localconmunity. these individuals could be contacted for references if deeroed necessary or appropriate by Council nenbers. o ",; .i.L !'O:.':i UC,',i.:CiJ. .ir-1-1t 5, L!.9ir :,':.'J: Seva:i Ite had previously reconnendecl that the Togn of vall pEC contact Mr.Ranon Diazr- chairnan of the cornmuniti planning Departnent for palnDesert callfornle. !tr. Diaz was coitacted rri ttre pEc procesE, rbefleve. r hope _that the documentation on the preceding pageE has hel.ped youto evaluate our pro-Jectrs appropriaaeness €o-viirrs exceltloiralenvironnent. lfe eeLected vlit -ror our hotel and for ourtinesharing r-esort -- because it neets our exactlng standarar, JuJias we are dedicated to meet yours. co Ol .=0?.'r raE c a€ E€ c\ :/)t\c.\ .:E>= =o.l;>r; '-" C '<= =>c')= GI ta EJ t- o vt o tll UI L7 Cliffs Club (l(auai) Onners Neighboring Island Visiton ru?,ii_y" ' ..: E -J c- v) 6 a ,^ :-. J-6 2= b cvo otl ro (f E* H.C al Timeshare Visitor Parfy Expenditures Compared To Other Visitor Party Bspenditures, Accomrnodations Excluded $ Per Party Per DaY Year of Data Timeshare Owlers All Visiton Alt Visiton Ar,erage Visitor Condo Actommodations' Ratiq Timeshare Visitors'Ib: Condo Accommodations Has"ii 19?9Western 1979 US Sanibcl/ 1979 Fr lv1Frs, Florida South 1984 Carolina Florida 1984 u5.83 16.63 98.79 68.84 5323 N/A 7730 5822 tjt l.l? 129 N./A N/A 90.' N/A N/A N/A N/A N/A 1.0 t.0148.@ 1u.00 *Timeshare maintcaance and usc fees cxcluded Ctiffs Club in lGuai, Hawaii was selected as a comparison due to its many similaddc to Mdriott Ownenhip Rcsonl Palm Desen project. Bar graph and table are from 'The Economic Effecu Of Timesharc Dewlopment - June 198?" sponsored by the Internadonal Foundadon For TimeSharinS (IFD. $tashingtor\ DC and conducted by Ragau Associates and Dean Runyan Associates, Eugenq Oregon. I t f li o i t,rL.il,r. i- i. D\' !iiT: slx.' c sEC'i I oi'1 ;'-...- -:- I I 1linesnare: An Industrv.t Comes ofAge J ne rimeshare industry, u,hich is based on rhe idea of making reson prop- crties accessible to more people, has groun into a 52 billion worldwidc busi- ness over the past nvo <iecades, Onc rea- son for this success has becn the esub- lishment of laws and guidelines within thc timcshare industry that guanntec ccnain standards to thc bu,ving public. Scvcral kcy instirutions havc emerged within the timeshare indusrry, working to legitimizc and stabilize the business. One such institution is the American Rcson and Residential Dcvcl- @er: Associadon (ARRDA), the mde oqanization for the industry. Their job is to makc surc thc membcn interess, as wcll as the intctcsts of thc consumer, arc bcing met. Thcy arc also rtsporsiblc for educating the industq' abotrt new legisla. tion and dcvelopnrcnts. Another stabilizing force in thc industry is lnrcnral lntemational (ll)' a divirion of thc Worldex Corpontion. lnterval lntcmational uas foundcd by Mario Ro&iquc, whce gel uas ooffer tic 'rorld o time*rac panicipants. This idca created the exchange programsr allor.ing dmcshan ouncr: the abiliry to sadc timc wirh othen thtoughout thc norld. To do this cffectivell', II has sct high standa* for rtsons *enting to be a pen of the crchmge ncnlork. asuring rncmbcrs thet thcy'rc geaing drc same or tra AUGUS? l9E0 bctter accommodations. The Qualiry Rating Sysrem was developed by lnter' val International in coniunction wirh Cornell Univcrsity School of Hotel Adminisaation and is thought of as the toughest in the vacation indusr4'. This computerired worldwide cxchange nerwork is the most imgonant dimcnsion of the Worldcx Corponrion, giving rcsorr developers the ability to offcr other rcsorts to timeshare ownen. Today, lnterval lnternational boasts nearlv 3O?,0@ individual mernber fami' lies. who have acquired proprictary intcrests in timeshare or vac:tion ownsr' shio resons, and 600 membcr rcsoru in 45 iounnies around the world' One reputablc Califomia timeshare comDant is Glcn l"y, a privately held .or.,ora,ion based in Corona, Califomia' The oar.nt company, Glen lvy Financial Group. has been considered by lnc' Mog' alhc as one of the fastest growing pri' carrinued o.'Pge |34 ffi Pe,t\ilfu , lazrtior d rJurc5'Srar Rr'vbo Bcadr or,tSaararltt' l:I:. irllr) r':;)' r sce i 'I O7: was fcrc' st ar thir: 5 gct nral adu scc tiot in( me wc '\b cnl tos ful nir wc tht Cv' di, Sr cu if br s b t, c i J t I I i o .1. '.:. si.EClt, L .,\Il"iERTI SliiC SEC'i]oit :. 'WrFI TlD, GRowrH oF TN4ESHARE INIO A WELL- REGULIIED, TRUSTWORI}IY IMUSTRY TTIERE'S NO DOUBT T!T$ MILLIONS MORE WLL BECOME I]'WOLVED IN VAClilON OWNERSI{IP IN TTIE DECADE A}DAD.'' r'::ccly hcld c()mFiinies over tlte prst tirrte ycars. Thcl'alc tlt: fust r':tcltitl'r oririe r:',hip dcvcklpe r ttr i rise, sulrsti'.nriirl i':.:iiis rlrrouqh the salc o[ secu;itics, t.r:;iiing $4 l.? nriliion. Clcn lvy Financial Criiup is :rlso nirt.ic up of a salcs nnd rnarketirrg divi' sion, rcxrn deteltrprnent, proPcfiy miltt' agc!ncnt, rravcl cornpnny and cr,tnsrruc. tiorr ctrmpanl', lt has resorrs in Crrlifor. niu. Tcxas. Utnh an,l Hrnv'aii, s'ith irl,rns for new rev)ns in Palrn l)csen, Big Bcrrr. Maui arri.l along Califomirr's ctrast- line. Anorher aspecr of Olcn l1,y resorrs is thar you're alu'ays buying intercst in rcirl esrate irnd, oncc 60 percenr of a resort is strltl .rur, thar res, )rt bcc()tnBs the pro''crry of the orvner's asvrciarir:n, ttt lx adrnirrisrcrcd accrrrding to tlreir os,n by-larvs. Ou'ners are free t<r chtxxe their ol'n nenagement cornpany, but in all cases Glen lv.v's lr,lan- agement Division has been chosen to manage the daily busines of the reson. Califomia Riviera Vaca. tions lnc. is a timeshare company locered near Dana Point. an arca known as lhe Califomia Rivicra. Their fint timesharc projcct in the arca was the Cepistrano Surfside' lnn, a 32-unit coascrl land rcnn which grld out in threc yean for 521 million. Their newest pntject in the area is the Rivicra Bcach and Sp Rcnn, offering a mrc vacadon fcast with rxnls and sun dcck, sps and game tmrns, along with discounts on gieen fees at arca golf courscs and rncmbcnhiJrs at Dana Hills Tennis &nrcr. Vacation suitcs in Fhasc one will have 2l onc hedroom ocean vicw sritcs wirh 650 square fcer and nine tg'o bcdroom ocean views with 850 squarc fect. Prices hegin at undet 510.000 for a wcek. Anothcr companl to cmerge in the vacation rcsort industry is Vacation Rcsors lntcmational (VRl), a specialry tlurnagemenr company that offers com. plcte rev:rr op.riltirnrill serr,ices trr tirne- sh::rc projccts. h,lunrging nrrrr.:: dran 30 rcsort pro;'crr ies, rcp;cscnting 62.0J0 tirricslure intervirls, \'Rl is a ltirder irr riJr)rt nlinlitl.lcrncnt. Tlre 1, liavc prtltr. ries iNailnhle (n1 tl''c co:lst of Snn Diegtt, Onr:rge Orurrtl' anJ Ventura O,runry, in Pahu Springs, lv'l,rrrterey, Serr Francisco, Lrrke Trlroc, Ari:otr:r. Cape Co,J and Mesico. A rchtively nerv pnrluct in the time''shart indu$r)' is the urban timesharc. a r€son timeshlrc f(und in the ciq'. Urhan timeshares are firr perrple who like to r,aclrion or cnLe tirne trff in the ciq'. Onc'of thc hcst cxemnles of this is Sen Fnn' cisco Suitcs on Nob Hill, wherc y'ou'rc cl<st m evcrything the city has to crffct with cahle cnrs righ( outside Your win' dou'. O*ning a weck or $ro hete 8iv6 you acccss ro an clegant l9th'ccntury 3nle suke. They offer a hrnus ptopam thar mekes the srite available ro you for additional dnys with six days notice. Ovncts arc nls<r ablc m sfiade $'ith other urtren timesharcs t'ound in New Yo* nnd London, akrng rvith the resons offered bv tl. Urban timcsharc has quicklY hecomc a Froduct with thc highest demand rario in the timchare indult4'. Another innovativc comFany to rccently cotl,: irlotrg is Celclrrirt' ?r ct)lll' p,iny 'tlrirt co nr plirn e rr t s Ir''tcrVit! inrcr-nat io:r,il bt t:f;cri:rg titt',cslt:rrc tltvtl' cis rhc abiliii'to lr.irl:c l,rsr nritrtrtc gci' as'1r.,'s, unlinritc,'l tlcccss t(r res{)n Pr()l)el- ries. irs u'cll :ts tntvcl lrtxrkiirg sen'iccs, free tr.tvelen checks and cirr rtntal dis' crrunts, Their nrenrhcrslrip is currentll' ir1''proaching I m,000. A recent comtlitlnent mirile to tlrc tinicshirre irrdustry bY tlrc lr4arriort Crrrptrration is '.t sigrr thirt thc industrY has cornc of 'age. Wlren askcd if timeshnrc *ould comPete witlr thcir hotcl division, El McMullcn, Vice Presidcrrt in chlrgc of ttcation ou'ncr' shilr. srid. "Orr rhe contrarl" lr's a cornplirncntarl' s!'ll' rnent of our lrospinrlitY busi' ness. giving us an incrslsed rrpprnunity firr exPatrsion in- tlris fast.grorving segment ol tlr c tacation irrd ustrY." Ther,,l is tli) bcttet exllnPlc of rlris svnrbitrsis than Nlar' riott's plars for rnaking Mar' ri,rtt Hrrtcl and Villrrs avail' able to their C:lifomia time' share osners. Marrhrn ou'n' en alvr txctnne nrembers <li : ci,;::irr;r:C ,to;n lr::,;c l?6 Revn Grndrnniniums lntemrtional, :l rcSucrble cxchengc ncrwork pn4ranr' Thc Marriott OwncrshiP Resort's nlans fot Cnlifornia will include a narional and intcmatkrnal networliing n*cm. Thcy are acrivety negotinting frrr rcwral sites'and arc h<rpcful trf being in the Califomia matketplace in early 1989. Primarilr, they arc focusing on thrce arcas: thc -Glifornia dc*n. hcach' front rrnrrrenies, and a tki klcadon. Thc timcstran product i5 on€ that fits the stvle and finnncipl rcalities of mtxt nsrnle's lives. V/ith the grmwh of dme' shaic inro a wcll'regulatcd. jnrsru''(rnhl industn'. wirh excellent profrcnics nnd scrviccs arnilahle, lhere's no douht thnr iifri"* tot will hccome. involved in ,"..J* ***ttiP in the dccadc:rhcati ii"r.,{"ii.i *ri it [rst: *Trmcsharing h:: nowhcrc to gr but uP' rar Au6usT | 968 :,.:!la:.'g tf :!-y r at .-r{ fa 9, c.ertlr .o.i62 rrtt (tc^t lU': 5 I93SFt:g-f:t z ta 'Tiir e-Shares ShlECj-:r I Ea d ImaseAs Bi g,Cg.rJorations Enter jVIa rlet ..J;/:r Mr .t e.tfii --' fi. i.!r,iwn Fkn,r.rj rr, ${1u'ru,.r!r F rrr.,,rtFrtlor i9?0. $rr t€ _.ny *juo.,r.roF.nr rnrrs tn< ortr.' !:.rry oFrrrorr. lonrlr ".*n.lr i"fu" r,.*ii .iir lroil'.r ,u rE.rr* io.. .nd r,,,.4i.,. ,tqu rar r.i iilL.i.itJ'i'ntE Frilrlrr., rn ror.or?o... tr|n ,ri e.ru. l|rry t-r.,. ,.*lorr nlorr tlro rt'. t..rru4 r.rrl.r. poly *r,1r,r rO rdrJrrr! r-ri-fj.-.- ..lr*i larvFGahlr rr Xrmou CorP.. Ar !! rui., GohpU|||rr ,rocnFd.x,ho^ Co_.D. C*acnt rxrrgoini X:-ri roairknt lrinrr hnc-rrursCorp.,.rd ll.'rro! 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IrF.:nr ;;;: rrtr. sril'ot'r sd rFl Fn {r. |o rt|r in coid;,n,r6r kt.d It |hFo|l{ }.iEI .rrn.ot..r.tt tn'rr.trrt Frr for 19 ro 16 lrror tr6 D,oAr otF r!n{.r. rul6. t .6. c.::0r:.rr.r. no-.cri.a oto lrD.- In toi. c.rr. borr6 ..n r?|e. rr,.i. $' .tt .T\' lorl ! ]o 3|P '.|o. LtF -nrr r !n loG.bo; Jc, lorr.odrtr.,r tsr.or 6'c0Lrrro.r r!.rlrdxlr rrto rr rnorr.r '|c.uon rooi I-.'".ii. "' 'rn.rn: n 'n.t. a l.ux |o Jto'd .uhb.t ct .i'?n.h;nrt 'ri.i...i rn'tr.'r '|nr'o.lcrtl!.6r r- .lto' Forrr r. !'.r' ro, ,,i. ii l. 14.t. Oi'|.'rl D.iLF.ir (i|T ts.nt ll.oearro.r r||to.E rt.tlrrt J tL t-b. lt .6iktht ..3:t,j"fl, :;.*:idj:.,-i., j ilt ;:,i,Illfl iT;l#,?jjs ;'iif,i;T,..ji,,,#:,,.,1 r,i;:i,,i.;,1 ,.Jl;ll,".:,;{ 'o '..r,u'{ h!.h i ttrt. r.....tnr o trrc rni.r-r;.i.i rdN'aJ'. vls r't 'rr$t$l h, F.rndrhon tor trnr..StEhnr tr. ..l.unt ror .n.nr|rri ot llr ll..i!nc6!.rolut Anrr.rrtrn oro,iu r,.i 0.r.6 3!ntntr b-.r| tlB tttt.arfi..r! Irom.5;r lrtl d.;n tbn .'o$ u{ n.6n|?5i. l.Olrlarr. xor.l .lrrr ll.4ggg4r 'trErr,J,lilJi:i j.iih.:":ffd.:il1if."T""s:::H,r.''". stcr xr-ct=r i" ;-;;;;;;il . rrrt ccir. ..'t!i.r a{=r.. ,.' Lrx.! ahar.d rntc o? t|li rni. lo. itrln ll fbr'rl|t L.tu |tr' aFt|cn ,L uEl.d ||Eto|' !|o rn||t !.E t!. .cntar, ar|l|irt, a,.r brr.3 'crub. Flonar .'!nob.d ! ri ur{r.tf rEq br lro.t l|. lt6. - - ''' lj.r|.r GCatrsta. a|. tLnr aa latr I 'fr.l h rh. ltth r{.rtti rtor srl ct:',toFr' t t|. Fx ItD 55*:: *H*l Hgi #,T'.S'i:.H1"ff:.lH lfis :,,ffi f"',rJtiJ:i :::Ll.i::'" rn.. *de. cir*..rnrrrr * rnr.rr|.r' iiiii o.-, r.rrr h;t| r|ornoit |. l:.a .t rh. rdat. Crt{.r Aa li. d6|?t ahr rt $ -4r.... t .l.e.|rar i lltl. v.lt Dr|rt C.. I'| r i .trlt tr i.lr.En rrdrtrd ..rDi 'rrsr-t'r.l rr. FrF|| a. L|l t rrftr |. trrr ||.criri i;.-;;.,; l.|r'rlu.t F.i.ttr E. O..-t f..ld ar.fr lsr a.t $.ri ;.v 6r.tr. t (rr..',....r- aLl a lclltfi: 3,":'HIl:::'r!:S! :I'Jf:"''r-irn-F'd a.i..a.'$.r6 t.ra tr. |.n r &. tc{rr .a!-\ n #$tgffiffiffiffi - _rt..r'.r..rr.rd .tiFU:H:$ff.. 'rr . r.. ,tF- -.t .ti. d{'t.l[..ir., L , : f**;# ++ s0,000-69.500: The cost ol e lilclrmc ol wceklona vaaations al Ine l,',aui Sunsel ll devetcprnenl on lhc tsland ol Maui. Along wilh a one Jr two-bedroo- lodging. you gel lc sv.,im, lish, snorl,ei and rvtnd surl 620.000; The price tag ol s weel. in B'inlet of summet lor e two-bedtoorr:. lwo'baln suile al Lale Tahft's Ridge Tah3e. Oil season, th€ cosl orops to S16'6c0 5650 lcss titan it rsould cosi lo Pul .\"our ,'anrill up in a coupte of ltotel roonls fot " ,,'ci}, ir tocial.'s iucragc ratc of S??'05 a dar'. Bv the !'ear 20OJ, s'hcn th3l aYcr' "0. ho,.! room is espectecj to run Sl60 a riiy, ttrc lnnunl $vings rvill rop 53,0)3' -ibrr rorrl outlal' will inctcase, of course, if 1'ou ftnancc your purclt:rsc' l/rOst dcvclopers olTer fivc to savclr'Ycar loans, but intcrcst rates lcnd lo bt hir:h<urrcntl! around l6 or l7 Pe:' ccir. Thunl:s io a rccerrt Trc:rsur1 D.' partment ruiing giving time-sharc o\r'il' crs t:rr, ad"8n!ip-es similar tc those oi orvncrs of scconri ltonlcs, lhc ilrtcresl on thc loan is tar'dcciuctiblc us long g: ]'ou orvtt fivc u'ceks or less ol' rirnc-sh:rrc units. Attr:rctivc as a dul soundr, thc det:rils bcar scrutinl'. llcrc are :r ferv oucstions Yo'J llecd 10 hlvr' answcred beforc signing uP: .o EracUY whlt are you buy|ng? Tinrc sharing falls into two clrl€' torics: OwnershiP and nonorvtt' irship. an owncrshiP agrcenrcn:. tlrc moll conrnlotr' 8tYc5 J-otr 2n intcrest irr llte reul estatc. lt ir rourr fotcver. to sr.:l!. rtil! or mongrgt. Uldcr :r n(ln'r\vncf' slrip a;:rrenrettt. You trsc tn':!c' c,:nrnriC:rt iorrs for I s:t ttunrbcr of 1'e:rrr. Owltershrp tllan rcvetls to thc scll:r. 56m" 6!evcloPcrs jusi scll Sltarcs itt tlr': dwcllinE uttits: tttll' crs includc i, rilittti lll collllli()ll & yeftrEy sEseffi fft rufrraduse l'. Timc shannS, rhar bl:rcll shccp ol vu. cstior: facis. n:av be ovcrconting its b:rd rep. li uscd to be thar nrislcading and high-prcssurc sllcs racrics, failures ro dc. livcr on promises and the diffrcuh1 r,l" 5s'apping vacations rvith othcr trnre sharers macie it i ncar t'asrc of lim: cvcn to consiricr a timc sharc. But nes stetc consumcr-proi eal ion li:\r's anC conrpul. crizcti cxchang: netrvorks to makc srvap. ping casier har.c turncC rimc sharing inro r, r'acarion oprion rvonh chccking our- alceil carcful!1'. Thc icice b:hind timc sharing, or "in. terval owncrship," is thar !.ou ger )'our"ot'n" bcach houss or sl:i chaler to rc. turn to foi a sci pcnod of rimc-usualll' one to four weeks-1,car altcr 1'ear, s'ith- out thc hassles and cxpense of full orvn. ership. You split the cosrs of up\eep arrd tares tr'ith thc peoplc rvho havc bcughr rights.lo thc othcr u,ceks. Thr corrccpr has become so popular rhal thc nunrber of timr-sharing resoru has jumpcd from just cight in 1973 ro morc rhan 1,00C tod:r1'. Last vcgr alonc, salcs ror:rled Sl.9 bilhon. 81' far thc hotresr nrarkcrs arc Fioicil. Hrrvaii, California and Colora-dc but:, time.sharc rrsort cxisrs in al- n:osi sn!' part of the rsn: li !o: ius: about::rl posl:ctrcol:. )bu cer, spcnc 51.500 fo: a s inrc: s cel. in a crrmpcc onc. bccroo= lrkesidc concic,, or Sa0.0C0 io; Cnris:n'ias u'cek in u trr.o-stor)' vilia at Viiias Ocho Cgscadgs in Pucrro \ralisria. lrl e.r i:c- co m f,l ct r with nruiC r:rvicc and !'ou: 6rvn prilarc gs'imming poc!. Tltese clays, caulious lime-shar€ buyers in the marliet {or dream- vacalion hicjeaways are a lot less likell, 1o gel burned lr'lost devclopmerrts scll 1'ou 1'our rvccl: for life: ctlrers, for 25 or 30 ycars. In th.: U.S., thc svcrlgc timc-sltare *,eck rur:s rou3hl1 5'i,SOC-jusl Sl50 a vacation ovcr 30 years, AdC your sltarc ol'the tascs. insurancc and maintchgncc, s'hich averagc cbout 5200 a rveel:, and the rolal comcs ro $,150. That's nctrll' .C:t:tr:i.,ii'Flirr ii::7 -, .,1 s Ll.5U0: Tlrc avela9s Plrae niar \\'ail Dtsnel VJotlS In slEeps eigf tl-anc tne use ol oncf weel. 6 !€nr iri thc Vlslana Fescrt' Lsfre Buena \4sla Fla. lt btjvs you a vllla ln6i ot 1.i tennrs courlg and tlvec pools rr,j:ts srrllt s lit'l pooi :lnd clubhousc S:r1r Clrrrto:t IJur;, at: :.::lornc.\' ant! pt::r' it-rc;ri oj' li*ort I'rop*rtl Ou ttcrs Assocl- ::licrn. siticit prrbirshr:> i: n'.'\\'slaiicr and I ' :'il:.oi)l:s on tinrc sharin5; "\';::nl bu]' ji: l)iir.'\'c ti:c! o\r'ti :llg cJ::)tllc:: el(' r::cnts. .{ftc: sllcs arc contpletei, t}te1' l:c:r: lhgt thc cievcioler s:ill osns tirtse f::cilirr:r and nos \\'ants lc sell thcr. to ihc or'nirs'associ:rtion." Fol a frcc srm- nie cort ol' the ncs'sictrer. contcc: thc h.pO.r, ir P.O. Ec.r 159i, Norrhbrool:, ll:. 60362, o: ar (illi 1:'o'5655.. How much leewa) wttl you have |n glan' n|ng vacauons? A r1'pical linre'sharc ln- r:rla! is one rveek-<ithe: rhe samc \\celi cach 1'ea: or a fioatinE rvccl:' s'hi:h meani 1'ou'li hale tc rcouts: a rvecl: c::3h 1c::. lf 1ou chocs: -iractionsl o$l)cr' i;i;." 1'ou't: 8cl e numbet oi s'ecks sz:e:i over lha ]'c!t corrcsnonciing to th: size of 1'oul shzrc. .A ou3tlct sntre' fer cxampie, rvouici glve 1'ou l -i rvecks- p:rhaos thrr:6; fsu; rveel:s c:ah saason.' Thire's a \r'a) to ke:r fronr bcirrg lockcd into t hc semc v:r:silon stol oi' :inrc slo: cac!. I'c:r: Choc'::.1 rrsot: Itili' l31qd $'ith onc of lhe tcsorl-cxch:rrrgE n:tNorks. Rcsort Condominiulrr I lrter' nationll gtrd lntenal Intcin:rtional, for :r:rmple, cu:r hei:: ]'c::1r3da $'qsh5 n'ith thousands c:- rinlc.shgre olrrers s orl:l' rricje. )cu'!i o:r1' around S55 a 1'ca: to belong :u ln er.lheng':. rl'.r. S70 or so to s.r':.n .r'our secil fo: :r Ntsi. of con)p:rri:' bi< r':iue gi :notirer reso:1. .i \r'tcl: ai !-:i:s ?::roe curing P::rk sk! scason. for rrgrn:ri:. c:.:: b: tracitC fol I peli:'s::tsoli rvcei: ::: 3n oac3n resorl. tl1'or: oul, oli' !::son tjmc, 1'o::'li usualll hal c lo pl:rn :: oF-stason vg:ztioa n(} r:lil:a: \rnet: ]'.:i t3. Fot b:si rcsuits.. lhc crchlngc-r suggcst thrt Yot: t:ilri:e :'oi:t rcquests atl lc:lsi l\\'o nrottths bcl'orc )'ou \\'ilnl tc lrlvct uttc.i thxt ]'ou hc Jic.riblc hr' listing folrr lltc:tt:rtivc lo':ations e- d:ttcs. . What atc tlte t,rosPccl! oi tcsclllng? Tirn:- sit:tt't;t; slroulC trt tc'i:r:-ilcC i:s:: \\'Jt lo sJYc t:loncI ol. \'!gJtl(lll costs- noi :.rs ! rcrl.cstllc il)r'cstnltlll. Accoro' irrr to Coniolirrl:, an Onrah:l firn: thrlt h::-nclles res:iics and rctttrls of timc'share unirs. a tinre-sharc ilttcrvat n'ill be orl ti:c urarllc: foi arl tverir'le of I I n:trnths. :nC o\\'ncr: scldonl gct uacl: ntorc tlrir:: i0 to 60 ocrcott ol thr: ol'iginai Ptrrchase n ce in titc rcs:rle mlrllel. Bul rlial also nteans barguins for bu1'' ers. Resal. and rcntal agents rvill put vou in touch rvith scllers. it's I good ide:t ic, chcc); oul i: rcsori b1'renting a s'ccl: fygnt 6n 6s'ncr $'ho's lrvillg lo scll' . Could youl annual m3lntenance tees ratrlCly cacalate? Itrojccrs thrt stari off :harging verl los iccs oiicn have tin3n' ci:l iroLlcnri o; cni t:J' charEtng sharpl)' hiclter asscssnturtts later on l'lorv tlrttc)t of'rl*' ntri",.t,,rrlcc f,.'e is being set asidc to buil<l u fund for nt:tio: rcp:rrrr'l A Fooli rulc of tlrt:rrtb. s:i)'\ ne$ slcllcr l)trh- i,il,", Butr, is ti.:rt l0 1:crccnr ol'r'crrl'' nt:ritttctt:tttcc ftc,. sltoulil t)u tiJ:'nli|rl:cil for n::rjor c.\ll(llsss .{st: -t(r scc l'lr r(' .nr,'* tai,.,iri" for rcplucitrg itcmr suclr as roofs lni intcrior dccor:rtions lo Fll ij fecl for s'lrcthc: sulhcient funcis arl bc- inr allocatcd tcr titc rcscrvc funi' . ''uit,rt rta your legal rlghts aod obllga- tlons? lvlosl sl::t< lrrrvs require fuli dis' closurc 'o1' dcvclopc:: illlG l)rotccl )..otl b)' ,llo,r'itt: a "cooi;lt3 oll-'pcriod of rirrc: ro l0 ci:r1's in s'hich to citangt your nrlnc a[rcr 1'ou sigrl un. N{osl slatcs aiso tc- cuire thul :rn cscro\^ accounl be scl un lo i"L. ."t. of unfinishcci s'ork sitotrld a dcveloner <iefuult beforc conrpl:tittg con' siructron. Bui it's sisc to erl: about spc' ciit.-siLurrions. Arr !'ol: liablc if anot hr: o,.'".t irift lo p:r]' tilc nraintcnancc fc:i iu rnott att.t.'you shoulcin'r br' lf I'ou are bu).-ill8 a riiht to tli! resl cslsls' !'ou shouli bi ccrinttt 1'ot' rcceive :' illlc- inrur"na. pollci' rvhicl: verifie; tlt:tt 1'ou hrvr titc d€ecl t(! lhal Propert!.'rAthrltvet gu:rt::nrces )'ou gcl' gcl thcn: irr wrrtin-g. Tinrt'sharc inlctcsl! :rrc it-ui..i ," tlrc-sraturc of frauds' a ias i.qi,lti"s I ir:r I corllr:rcl! in*o!r'irrs.rol atlu" tti rsrittctt. Anc Dc n:eltrt ho\r' ir,,.i..arttttt i: sxlcsnlstl secnl: il's <iutt' , a,'i.r. 't" 't - ss:r-vcd b1 e saics prt:h ' i*li,,ii= a,n,,'t* :r:r '.lcatiott Til:tl's \\'nctl r,lar,,:t" t"t.ta,- . ,.' :.'i:rbl'.: rn proniscs of I i:i.iitr" .l tit,j:':t1 r:t''::titr:rs' 'l:ll'c th< ;;;;;;,:.," r,rrd c'cici': oir !()u:' h'rtrc turl' !1rs rc::l tll:ri pt(lnlls'J caD Dr' Attorn!!' Clinlor Burr takcs notes on a VJisconsin time'3h3re dav!lopmgn: tor his cons umer'vra t c nd og nevrsl!ller U.S.N=I.S t \'.tiLD R=PCi.I, Ear ?:. 19e! I,e," -, nornlsgn tn Ltt*' !ot' 71 this0rii; for;:CiCir.,t,'li. )iti $t rrrillin'l-6,.1u.s yetrI :.iLi.rricu Ownership Resorts probably will start sales on at least six newVO projects this year --ti,hicltt+'ill lnve a total of over nay Ba1 wits.The firm is starting sales in several nev, ;;mrkets.That's the biggest burst of growth ever by any vacation ownership company. New proiects by. Morriott Ovrnership Resorls s Cypress Harbour,Orlando. C1prcss Harbour, on a 5O-acre site within wdk- ing disunce of Sca World, began sales in March wirh opcning prices of 59.500 to Sll,500 per wcck. Thc plur calls for .100-plus units. Construction is schedulcd to begin in May with occupan- cy wgcted for carly '91. Thc projcct is N{ORI's rhird in Orlando and is biggest here so far. The first two, Royal Palms and Sabd Palms. are part of lvlarriott's Orlando hotel complex, which was the focus of the markcting program. Cyprcss Harbour is arvay from rhe hoal and will go Ee-to-roe with Euroacdvidadc's new Dolphin's Coun VO projcct in Sca Yr'orld.r StreamSide at Yail. Vait. MORI's fust ski reson and thc first propcny it has nor builr from scraah. locatcd two miles easrof Vail, SucamSide bcgu in the lar 70s and consiss of lll unis - rangrng from studios to 3-bedroom apanrncnts - in four buildings. MORI talcs ovcr l7 existing unsold unis and plaru o build a 39-unit building fcauring thc kind of luxury 2-bcdroom, 2-ba6 aparlnenc found at is otlrcr rcssts. Also. lvlsrioc plaru !o expand is hoal rt Vail, which will add o MORI's natcting capabilisy thcrc.r Unnamcd projecr, hrno Vallata Mcxico. Laar this spring MORI will begin salcs at is 8nr dwclopmcn! out- sidcthc U.S.. sVOrcsatpluncdfor2lT units on thc grouads of the new bcachfont Marrior 435-rcom hotel in PV. MORI has a 50-50 Mcxican parmcr in rhc dcal: lvlonrcrrcy-bascd SEMEX, rhe world sccood largcst scmcnt oom- pary.The projec will bc nrrlcarl sr sitc and in thc U.S. alcs began recently on lhree new MORI projccs, markcring probab ly will begin laar this year on threc morc, and this new invoory - togcthcr wi0r VO pmjecs already in sales - is cxpectcd o more rban doublc rhc company's 1989 salcs volumc o in cxccss of Sl00 million tis year, rccording to cxccutivc rp and general managa Bob Miller. Why so many new projects all at oncc? It's weII known that MORI exec v? Ed Mc. Mullcn, who heads thc Frrm's property scarch and developmcnr acdvitics, has bccn scouring thc dcstination rcsort arcas of North Amcrica for tocadons for scvcral ycars. Marriott's acquisidon proccdurc and plan- ning/budgcting proccss for new propcrties is vcry thorou gh and tirnc-consuming. For frc mosrpart., thc bulgc of ncw inventory is simply thc rcsult of concluding this exact- ing proccss on a numbcr ofncw locations around thc samc timc, Millcr said. Marketing considerations hclpcd bring on Cyprus Har- bour in Orlando whcrc Royal Palms. thc sccond of MORI's Ilrst two Orlando projccu, rcccndy soH ouL Ad nain- uining salcs continuity figured in thc purchasc of Harbour Poins on Hilon Head Island. *hcrt thc company b lmking rt r gap bc- tweco thc immincot scllout of llarbour Club and thc srrt of salcs for a big ncw project plurned for dtc Hilon llcad Inn sic. Mardoa docsn't disclosc many dctails on salcs, profis, urd acquisidons, bu! Dc fact it is norr invcsting hcavily and moving aggres- sivcly to crpand MORI clearly indicates that thc corporation is tccn on vacation owncr- ship. lvtanioal increascd inwsmemin thc ficld also lcnds crcdcrcc o rhc widcty hctd bclicf that MORI has mainnincd the lowcst Ee*aing cd, Jrd thcrdop onc of thc highest profit margins, of any major tirneshare developcr. MORI is going to this faster marketing pace with a product packagc that is bodl rcfined and provcn: r High-quality unit. Thc firm's sundard two-be&oom unit cvolvcd from around 1300 sq. ft. at Monarch at Sca Pincs in thc mid-8Os to I,650 sq. ft. for the ncwcst villas at Palm Desert (thuc are somc smaller and largcr erjsdng unis at StrpamSidc). Inarior design, fumishings, ud cquipmcnt havc al- ways bccn lavish. r Flex timc. MORI switchcd scvcral years ago from lixcd numbcrcd wcc,ks o opco usc HFH-OUAUfY UNlllt. lke lfib one otlhe lbdtog€ Clr.b ot Hotbou lofii on Hllton H€od b bnd, ore q holrnqd( ot MORII VO ptogrcm. wirhin scasonal pcriods - e systctn tlur af' fords grcatcr vrcadon Ocxibility fc is owncnt.I Honorpd Gucsttic-h. The Manior VO 'ownerhas thc opion cach yearoftrading his wcck for Honond Gucst Award Poinc - good for accommodatioru at Marriol hoels an)'where, rir uai'cl, and carrenul. This can mcan owncrs havc thc option of, say, a vaca- tion h Europc, paymg mly ircidcntal per- . sonal crpcnscs (lvIORI it abo 8tfiliatd with RCI). Thc Holorcd Gucsc lic-in has bccn a powcrful VO salcs ool. Cotrtitttud tus PageCotttintud trct page 1Q cYPREss HARBOUR. plonned for 4m unlts-plus. wlll be Monl's thkd ond lorgest VO project In Odondo. to run a subsnndaj- ly incrcased num- bcr of locations at a high levcl of cffec- tiveness. I{illeradmits that thc company is stretched a bit thin in this depanrnent- Stepped-up re- cruiting and rain- ing programs for marketing suff and salespcople are un- derway. The latest batch of ncw projects won'tbc thc last Millersaid negodadons for addidonal projects are in prcccss, and $e company continucs to seek new prcpenies throughout Nonh Amcrica. A.lthough hc did not say so, it would seem that ccnain prime dcstinations where the company has not yet announccd locadons but is known to be looking for propcnies and/or sites - Hawaii, for cxample - would havc vcry high priority. rRD estimatcs that only nvo other vacation ownership companics, Fairfield and General Dcvelopment, probably will bc in the Sl00 million-plus class this year, and that would placc MORI among thc industry's top $ree opcnors in 1990. r Rcsale program. MORI is one of de very fcr"'\tO developers ro offer a meaningful resale program. lt is cxpected to generate 55 o S10 million in resales this year (in addi- tion ro more than S 100 mil[on in new sales), according to Miller. With all thcse basic elemens in its pockeq MORI appcan well posirioned to roil out new projecs. It now has a total sufi of about 500' up from 300 a ycar ago. lr{iUer says the ranks of MORI's adminisrative, suppon, and product dcvclopment suffs are now prctty well fillcd out Yet somc people in the industry wonder if MORI has thernarkcting ud salesrcsources Cohen to vp/morketing Barry Cohen $'as re4cntly promotcd to vp/marketing, a neq, post creatcd be- cause of the "increasingly imporunt role markedng has plai'cd in the growtt of thc division," said Robert A. lr{iller. MORI exec vp and general manager. "Barry has played an instrumen tal role in helping us achicve dre gratifyng success we have experienced in the last fivc years." Cohen wilt hold ovcrall responsibility for all Marriott Ownership Resons marketing cffors nationdly and new busincss devclopments internationally. He reports directly to Miller. Cohen has bcen involved in real esnc markedng for ovcr 20 years, He joined American Resoru in 1983 as dircctor of telemarketing. When AR was acquired by Marriott in 1984, he conrinued in his telemarkedng posidon until 1986, when he was namcd director of muketing services, and tater nadonal dircctor of markcting. Hc condnues to be based at MORI hcadguartcrs in Lakeland, Florida. New MORI VO Proiecis C o ntinud fr om pr evious pa ge I Unnamcd project, Hilton Head Is' tand. MORI plars to dcvclop a major VO projcct on a 25-acre occanfront propcny fiat is now thc sitc of Hilron Hca<l lnn. Thc devclopmcnt will cither bc a hotcl plus 190 VO condos or 290 VO condos - in cither case. it will bc the largest of four rimeshare poiccs MORI has dcvcloPcd to dac on Hilon ttcad Island. Sdcs probably will bcgin larc this ycar. r Harbour Pointe. Hilon Hcad Islarul. MORI has purchascd the land for tic final 25-unilplrasaof llarbour Poinl adcrclop mcnt srancd by Thc Bymc Corporadon' which now has 85 unis in threa buildings. For MORI. Harbour Pointe's 25 ncw uni$ wilt bridge the gap bctween the apprcach- ing sctlout of irs 40-unit Harbour Club at Harbour Town and is planncd new projcct on tbc Hitton llead lnn ProPcrty (sec abovc). r Paradise Island Beach Club, Bahamas. MORI is ncgodadng rc acquire rhc remaining invcnlory of about 40 cxist- ing uniu of 0ris devclopmcnt as wcll as adjacent land wherc an addidond 130 unis could bc built- lt would bc the firm's sccond VO locarion ousidc Otc U.S. MORI dso announccd thc rcccnt grand qcning of the fint 28 viUas ofisplanned236 villa rcsort ncxt to Marriott's Descrt Springs Rcson & Spa. Tbc projcct opened for rtscrvadon salcs carly last 3ummcr and Eceivcd an OK in Oc- lobcr from Califomia's DRE to bcgin closing salcs. Although com- pany sources acknow- lcdge somc fallour in sales rcservadons, thc ovcratl volumc of closcd salcs in California is bclievcd o bc on or ahcad of projcctions. Sold out MORI propcnies include: Hil- on Hcad Island - 122-unit Monarch at Sea Pincs, 36-unitThe Hcriagc Club, and (ncarly sold out) 40-unit Harbour Club at Harbour Tbwn. Ortando - 8Gunit Sabal Palms urd 123-unit Royal Palms. FIRSI2S UNITS of MORI's Desari !'prings focltrly In Cotlforr{o were completed r€cenlly' 11 Resort Develwm ent' APriU _ ?l,r z-.-:t t\$:: !:-.-.-l \rt\7 SEA PINES REALTY A Sea Phns Conzpany August 29, 1988 llr. Ben Lagos ; i President Pa}o Desert-Rancho Hirage-Indian lfe1ls Board of Realtors, Inc. 44-475 Honterey Avenue Palu Desert, CA 92260 Dear Mr. Ingos: llhen Marriott Ormershlp Resorts, Inc. asked Ee to cotrDent on the Lnter-relatlonship of Marrlottrs omershlp resortsr the real estate conounity, and the conrounity at large, it vas an assignnent I accepted rrith pleasure. Sea Pines Plantation on Ellton Head Island is the Islandrs original plantation conrounity, and set the standard for gated coornnities all over the country. As a soal1 and selectlve connun!.ty, Sea Pines Plantatlon is particularly sensltlve to the balance of lte residentl.al, resort and conoerclal conponenls. l'larrlottrs lnitial vacatlon omershlp resortr Honarch at Sea Plnes, proved to be not only a coopleroent to our nOst prest'lgtous oceanfront aetghborhood of prlvate hones and vl'llas' but also the source of buslness for The Sea Plnes ReaI Estate Conpanies' of 'vhlch I ao president. Our coopantes speclallze ln Plantatlon propertl.es' vith partlcular eiphasis on Sea Phes Plantatl'on. In 1987 ve vere responslble for approxlnately $175 nLlllon 1n aales: one half of all HLS sales recorded on Hilton Head leland. A portloa of that, buslness derl.ves froo Monarch onaers uho nerc ContLnueil 20 Sce 1rm6 grcle. giton Hanl lslrnd, SC 2D28. (S03) 78t-33'{ IIr. Ben Lagos August, 29, 1988 attracted !o Hilton Head Island as short-term residents, fell inlove rrith the Island, and elected to nake it a longer-term base:either as perrnanent or second-hone residents. Their denographics are in keeplng yith our typical Sea Pines Plantatlon property ovner, vhose profiLe is upscale ln lncone, education, andsophistlcation. The transitlon froo vacatlon ovner to pernanent resident has been a pleasant one for everyone concerned. Honarch generates other sources of real estate business. Approxioately 757" of the people nho cooe to the Island to look at Honarch elect instead.to look at longer-range property omership. And guests of Monarchrs ovners often take the occisi_on to lnvestl.gate the purchase of Island property. The constant Ealntenance and upilating of l'[arriott oriaershipproperties ls a key point iD their attractiveness to neigh[oringproperty ouners, to the value of thelr property, and to the connunltt as a vhole. Harriottrs oaiotenance and oanageoent standards are exenplary. Xarrlottrs newest ovnership resort, Eeritage Club at Harbour Tovn [a1so 1n Sea Pines Plantation] 1s very nuch in keeping yith its neighbors at one of the Eost prestigious yacht basiu developoeDts on the East, Coast. The denographics of lts ovners are, to thebest of ny knowledge, the highest of any omership resort in the countrjr. Iile look foryard to serving the continuing nunber of people vhowill be attracted to the Island by l'larrlott, and uho rrill eveatually elect to oake lt theLr bone. Sineerely, Q*/r,fu/r--. Paul T. Fr6nks President PIF:pc f-. OCEANFRONT IN SEA PNES' August 29, 1988 Co1. Russell E. Sweetnan c/o llid-American Bul.lding Corporation 58 East Franklin Street Centerville, Ohio 45459 To the Meubers of the.Paln Desert City Counci-l: I uniterstand that Marriott Ornership Resorts, Inc' has selected Paln Desert for the location of a nev ownership i""ott,. Having served as an elected nuniclpal officlal for slxteen y"atsl I understand your concern and applaud your effort to keep your coEounity in high esteen' It has been ny experience, both-as a long-tine owner.and,as past chairnan-of the honeownersr assoclatlon at llarriott's i{onarch Ln Sea Pines Plantatlon, that Marlott provides exenplary DanaS,enent anri naintenance 8t its vacation onnershig properties' Interiors are contlnuously refurbished, exteriors are kePt in excellent rePair' and iandscaping is urell attended to' ru aaattton, Marriitt'i staff ls courteous and businesslll<e' My fanily has enJoyed thls beautiful oceanfront resort alnost since lts lnception, and Itn sure I speak for all of Monarchrs owners when I eay. that ve look-fornard to oany years of good relationshlp uith Marrlott. ) 1} 22 PINOS DEt NORTE CONDOMINIUM ASSOCIATION 600Vril Yalhy Drive P. O. 8or 69 / VeiL Colorado 81657 (t0tl47GE47 August 15, 1990 Mayor Kent Rose and The Vail Town Council 75 South Frontage Road West Vail, Colorado 81657 Dear Mayor Rose: It has come to our attenti.on that the would like zoning changes in order to by another 53%. Marriott's Mark Resort Holel increase their hotel densitv We are all of the opinion that Vail is already becoming too large and instead of the quaint village it once was, it is fast becoming a city of high rise buildings. When we a.Ll came to reside here many years ago, Vail was like a small European town and that was one of the things that attracted us lo it. It has certainly changed. Therefore, it is our opinion to let well enough alone. If you change the zoning laws for one, you are setting a precedent for others tofollow. The Marriott is already a high rise and Vail is becoming too overdeveloped, resulting in a major loss of our open spaces. Our vote is definitely against changing the zoning 1aws. Sincerely, ent or Pinos Del Norte Condominium Association CG/vk -a Jes K hransox al|orN8v a l'.|tr 3Ut?3 !O7 VA|L l?tONAL tAl{X lUlLlI C loa goutH FtoxTAcE ioao w3t? . r.. , ]A!" @tdrDo tl6l? UEI,TORANDI]I,T KRISTAII PRTTZ, IOI{N OF VAIIJ, PIANNING DEPARTIIENT JAY K. PETERSON AUGUST 24, 1990 REZONING OT TEE I.IARRIOTT I.IARK HOTEI., 'gLtPI{ONErl@l a?o.ooga FAX Ur{3 r!O!r a7e{aC7JAV t( tCT3i3otl TO: FROU: DATE: RE: Dear Kristan: The following is a quick synopsis of why we are currently asking for a rezoning of 5oo#z to nrbli- Alcornnodation, and High Density Multl-Fanily. During the course of working uith the Town Staff and the Planning Conniision it becane evident that the underlying zone district for SDD#7 was sonerthat confused due to past docr:nentation of SDD#7. Fairly late ln the process and during presentation to the Planning Coronilsion it nas suggested by the Planning Cornnission that in order to clear up any past-ionfusion regarding underlying zoning and ln order to hlve i base line fron which to compare the proposed changes in the Special Developnent District we should request a rezoning.of the propErty to an underlying zone district. We therefore couPlied with-thlt r-quest. l{e then sr:bnitted an applicatlon to zone the property nHDtFr as that nould allow the use for tine-sharing. 6Uviousty the standards set forth ln the original SDD Ordinance, as anended lron tine to tine, rould control the entire proJect. After being passed on flrst reading by the Town of Council , the Town Council aecided not to rezone the property and turned dorrn the Ordinance on second readlng. The reasons iere sonewhat confusing, ho_wever, b33ed upon revien oi the video tapes of the neetings, it would appear Ulat tie najor concern was tbat tine-sharing could then be used !n tlre existiig hotel. We therefore revised our reguest.for rezonilg-to place a-portion of the property upon which the existing hotel Ls iituatea in the Public acconnodation zone shich would not allow tine-sharing and which best conforms the exlsting uses aDd density on the site. it tfre sane time the portion uPon which ttre tine-gbarinE proJect sould be sLtuated would Le placed- into the Hlgh Denslty fuutfi-fanily zone which would allow the tine-share use and whieh would also best confo:m to the uses and density which lte proPose. Ueuorandum Augrust 24, L99O Page 2 I wblle there ls no legal- regulrelents for the rezoning of the propertywe felt it was lnportant to address the concerns of fhe rown 3iaii-anathe PlannJ.ng Corauissl.on to not only clarify past zoning on theproperty, but also to have an underlying zon- district-for conparisonpuryoses only. Durl,ng the past Town council neetlngs tbe rezoirtnqigsge was cornpletely blown out of shape by Jlu ranaorlt, given tae- iactthat the special Developnent Dlstrlct ordl.nance controli all taceiJ oftJre proJect and the underlying zonlng to:os no basis for controlexcept as stated in tlre special Developnent Distrlct ordlnance. If you have any questl.ons please contact ue at ny offlce. VAIL TOI{N COUNCIT REGULAR MEETING TUESDAY, JULY 17, 1990 7:30 p.m. AGENDA Ten Year Employment Award to Linda Barca CITIZEN PARTICIPATION Consent Agenda A. Ordinance No. 20, Series of 1990, second reading, an ordinance amending 0rdinance No. 10, Series of 1990, Special Development District No. 4, Section 18.46.100 C, Density Floor Area, Anea C G'l en Lyon duplex lots to provide for gross residential f1oor area to be calculated per the requirement of the primary/secondany zone district Section 18.13.080 Density Contro'l ; and setting forth details in regard thereto. (Applicant: 75% of Glen Lyon subdivision property owners) B. Ordinance ilo. 23, Series of 1990, second reading, an ordinance amending Section 18.26.040 of the Municipa'l Code to include as a conditional use "Television Stations" in the Cormercial Core II zonedistrict (Applicant: Vail/Beaver Creek Te]evision Network) C. 0rdinance No. 25, Series of 1990, second reading, an ordjnance amending SDD No. 23, Vail Nationa'l Bank, Part of Lot D, Block 2, Vail Village 2nd Filing, 108 South Frontage Road l{est (Applicant: Vai'l National Bank Building Corp.) Ordinance No. 21, Series of 1990, second reading, an ordinance designating an underlying zone district of high density multi-fami'ly to Special Development District No. 7, cormonly referred to as the Marriott Mark Resontl and setting forth details in regard thereto. (714 llest Lionshead Ci rc'le, Lots 4, 7, C, D, B'lock 2, Vai 'l -Li onshead 3rd Fi 'l i ng ) (Appl i cant: M-K Corporation, ltlark Lodge Condominiums, and lilark Resort & Tennis Club) Ordinance No. 22, Series of 1990, first reading, an ord'inance amending SDD No. 7, cormonly neferred to as the l{arriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. (714 Uest Lionshead C'i rcle, Lots 4,7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Appl'icant: M-K Corporation - Kaiser Morcus and Marriott Corporation) Ordinance No. 19, Series of 1990, finst reading, an ordinance modifying Section 18.13.080(A) of the Municipal Code of the TOV regarding density control for the primary/secondary zone district (Applicant: Town of Vail) Ordinance No. 24, Series of 1990, first reading, an ordinance making supplemental appropriations from the Town of Vail general fund, capital projects fund, Comunities for Drug-Free Eagle Valley fund, special parking assessment fund, Vail marketing fund and the real estate transfer tax fund, of the 1990 budget and the financia'l plan for the Town of Va'i], Co'lorado; and authorizing the expenditures of said appropriations as set forth herei n. 8. 0rdinance No. 28, Series of 1990, first reading, an ordinance amending the plan document of the Town of Vail employees' pension plan; and setting forth details in regard thereto. Ordinance No. 29, Series of 1990, fjrst reading, an ord'inance amending the Town's Police and Fire pension plan document subject to approva'l by sixty-five percent (65%) of the Town's Police and Firemen; and setting forth details in regard thereto. Ordinance No. 30, Series of 1990, first reading, an ordinance amending the trust agreement pursuant to the Town of Vail employees' pension plan; and setting forth details in regard thereto. An appeal of a P'l anning and Environmental Commission decision regarding the PEC's denial of a request for a height variance fon an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Vil]age lst Fi'ling (141 East lrleadow Drive - Crossroads Condominiums) (App'l icant: Sid Schultz for H. l{i'l'liam Smith) Adjournment o l. 2. 3. 4. 5. 6. 7. 9. 10. 11. L2. t l. a 7:30 7:35 7:45 Kristan Pritz She'lly ltle'l'lo Mike Mollica Irli ke frlol I i ca 1. 2. 3. VAIL TOI.IN COUNCIL REGULAR MEETING TUESDAY, JULY 17, 1990 7:30 p.m. EXPANDED AGENDA Ten Year Emplopent Award to Linda Barca CITIZEN PARTICIPATION Consent Agenda A. Ordinance No. 20, Serjes of 1990, second reading, an ordinance amending 0rdinance No. 10, Series of 1990, Special Deve]opment District No. 4, Section 18.46.100 C, Density F'l oor Area, Area C Glen Lyon duplex lots to provide for gross residential floor area to be ca] cu]ated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forth details in regard thereto. (App'licant: 75% of Glen Lyon subdivisjon property owners) Action Requested of Council: Approve/deny Ordinance @econdreading, Background Rationa] e: The applicant is reguesting a @D No. 4, Cascade vi'l'lage. The amendment concerns the G'l en Lyon subdivision duplex lots' method of calculating allowab'l e GRFA. 0n June 11, 1990, the PEC reconmended approva'l of the request 4 to 1. Diana Donovan voted against the amendment as she did not believe it was appropriate to allow the additional GRFA on the duplex lots. Staff Recommendation: Approve Ordinance No. 20, Series @ading. B. Ordinance No. 23, Series of 1990, second reading, an ordinance amending Section 18.26.040 of the Municipal Code to include as a conditiona'l use "Te]evis'ion Stations" in the Commercial Core II zone district (App'l icant: Vail/Beaver Creek Television Network) Action Requested of Council: Approve/deny 0rdinance No=tTemes of 1990, on second reading. Backqround Rationale: The PEC, at their June 25' 1990 ffiended denjai (by a vote of 4-2) of the request. Staff Recommendation: Staff recommends denial . C. 0rdinance No. 25, Series of 1990, second reading, an ordinance amending SDD No. 23, Vail National Bank, Part of Lot D, Block 2, Vail Vil1age Znd Filing, 108 South Frontage Road West (Applicant: Vail National Bank Building Corp. ) Action Requested of Council: Approve/deny 0rdinance No.-25,-EEiles-4F1990, on second reading. Background Rationqlg: The PEC reviewed this request-at ffiub'lic hearing and has unanimously recommended approva'l (the vote was 6-0). Staff Reconrmendatig!!: APProve oflglO, on second reading. Ordinance No. 25' Series , .l I8:00 Kristan Pritz 9:00 Kristan Pritz 10:00 Andy Knudtsen 10;10 Steve Barwick 4. 0ndinance No. 21 , Series of 1990, second reading, an ordinance designating an underlyjng zone district of high density multi-fami'ly to Specia'l Development District No. 7, commonly referred to as the Marrlott Mark Resort; and setting forth details 'ln regard thereto. (714 llest Lionshead Circle, Lots 4, 7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Appllcant: M-K Corporation, Mark Lodge Condominiums, and Mark Resort & Tennis Club) Action Requested of Council: Approve/deny Ordinance No. 21, Senies of 1990, on second reading, the application of an under'lying zone djstrict of high density multi-family to Special Development District No. 7, Marriott's Mark Resort. Background Rationale: The PEC nequested that the applicant, Kaiser Morcus, clarify the underlying zoning for SDD No. 7. The HDMF zoning is also requested in order to allow for the construction of 56 timeshare units. The PEC neviewed this request on June llth and voted 5-0-1 to to recormend approval to the Vail Town Council with the deletion of the staff condition that the requested amendments to SDD No. 7 a'lso be approved. Chuck Crist abstained from the vote. Staff Reconmendation: Approve 0rdinance No. 21, Series offfitng. 5. 0rdinance No. 22, Series of 1990, first reading, an ordinance amending SDD No. 7, comonly referred to as the Marriott Mark Resort, and the deve'lopment plan in accordance with Chapter 18.40 of the VaiI t'lunicipa'l Code; and setting forth detai'l s in regard thereto. (714 lfest Lionshead Circle, Lots 4, 7, C, D, Block 2, Vai'l -Lionshead 3rdFiling) (Applicant: M-K Corporation - Kaiser Morcus and Marriott Corporation) Actjon Requested of Council: Approve/deny Ordinance No. 22, Series of 1990, on first reading, the amended SDD No. 7. Background Rationa'le: The applicant is requesting to anend SDD No. 7 to construct 56 timeshare units and 10 emp'loyee housing units. This expansion wi'l 'l be'l ocated primarily on the existing parking structure. The parking structure will also be expanded. Additional landscaping and pedestrian improvements are a] so proposed. 0n June 11, 1990, the PEC voted 4 to 1, with Chuck Crist abstaining, to recomtend approval of the amendment with conditions. (Please see enclosed cover memo.) Connie Knight voted against the motion as she be'lieved the additjonal density and GRFA were i nappropri ate. Staff Recommendation:ffig.Approve Ordinance l'lo. 22, Series of 6. 0rdinance No. 19, Series of 1990, first reading, an ordinance modifying Section 18.13.080(A) of the f'lunicipal Code of the TOV regarding density control for the primary/ secondary zone district (Applicant: Town of Vail) Action Requested of Council: Approve/deny Ordinance No. 19, Series of 1990, on first reading. Background Rationale: This is a request to repeal and reenace Section 18.13.080(A) as shown in the enclosed memo. Planning staff presented this proposal to the PEC on July 9, 1990. The PEC unanimously reconmended approval by a vote of 7-0. Statt necommena : Approve Ordinance No. 19, Series offfig. 7. 0rdinance No. 24, Series of 1990, first reading, a supplemental appropriation ordinance -2- .t \ Action Requested of Counci'l : Approve/deny Ordinance No. 24, Series of 1990, on flrst reading. Backsround Rationale: Most of the funds inc]uded in this supplementa'l appropriation are related to the parking structure construction proJect and purchase of the Berry Creek Sth Fi'ling parcel. Staff Recommendation: Approve 0rdinance No. 24, Series offfig. 10:20 8. Ordinance No. 28, Series of 1990, first reading, an Char'l ie trlick ordinance approving a fifth amendment to TOV emp'l oyees' Larry Eskwith pension plan Action Requested of Counci'l : Approve/deny Ordinance No. 28, Series of 1990, on first reading. Background Rationa'le: The amendments are: ffio pension plans are needed.- Age 50 segregation policy is being included. Staff Recomrendation: Approve 0rdinance No. 28, Series offfig. 10:25 9. 0rdinance No. 29, Series of 1990, first reading, an Charlie Wick ordinance approving a sixth amendment to TOV Police and Fire Larry Eskwith employees' pension plan Action Requested of Council: Approve/deny Ordinance No. 29, Series of 1990, on first reading. Background Rationa'l e: The amendments are:Fectrnicat upaates to pension plans are needed.- Age 50 segregation policy is being included. Staff Reconmendation: Approve 0rdinance No. 29, Series offfig. 10:30 10. Ordinance No. 30, Series of 1990, first reading, an Char'l ie lJick ordinance approving a first amendment to the trust agreement Larry Eskwith Action Requested of Counci'l : Approve/deny Ordinance No. 30, Series of 1990, on first reading. Background Rationa'l e: The amendment is:ffi to have a voting member on the Board of Trustees for the TOV employees' pension p1an. Staff Recommendation: Approve Ordinance No. 30, Series offfig. 10:35 11. An appeal of a P'l anning and Environmenta'l Commission Mike Mollica decision regarding the PEC's denia'l of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Bl ock 5D, Vai'l Vi I I age 1st Fi I i ng ( 141 East l'leadow Dri ve- Crossroads Condominiums) (Applicant: Sid Schultz for H. t.Ji'l'liam Smith) Action Requested of Council: Uphold/overturn the decision of the PEC. Background Rationale: The PEC, at their June 25' 1990 ffiimously aeniea the requested height variance. (The vote was 6-0.) Staff Resgrnlnerula'Llm: Please see the enc] osed staff memoranoum. 10:55 12. Adjournment -3- TO: FROM: DATE: RE: Plannlng and Envl.ronnental Coml-eslon Comunl.ty Developnent Department June U, 1990 A request to apply tbe underlylng zone distrlct of High DensJ.ty llu1tl-Fanlly to Speclal llevelopuent Dlrtrlct No. 7 ([arrlott l{arI Resort) 714 t{e3t Llonshead Clrcle,Iots 4, 7, C, D, Block 1, Vall-Llonehaad 3rd Ftltng.Appllcants liK Corporatlon, l{ark Iodge Condonl.nluns, and the ltark Resort and Tennls Club. I. T,\) DESCR STTON OF IITIE REOUEST At the Aprll 23, 1990 Plannlng and Envlronnental sork seEsl.on on proposed anendnente to SDD No. 7, the PEC recounended that an underlylng zone dlstrlct be clearlyldentlfled for this Specl,al Development Dletrlct. llhe Plannlng and EnvLronmental Connission uade thls requeet ofthe applicant in order to clarify the underlyl.ng zonedistrict. An underlying zone distrlct la deflned ln Section 18.40.020, Definitions D as: rrUnderlyl.ng zone Districtn sha1l mean the zone dlstrict existlng on the property, or impoeed on the property at the tine that the Special Development Dlstrlct ls approved. As etated ln prevlous nernos, there le tome guestlon as to what the underlyl.ng zoning wag when thla special DevelopmentDistrict was approved in L977. (Please eee Sectlon II for background on underlylng zone district staff reaearch.) A second reaaon for applylng HDMF zonJ.ng to the entlre Special Developnent pistiict ls to allow for the tineshareuse. The HDMF zone distrlct ls the only zone dlstrlctwithln the Town of Vall that allows tineshare as a conditional uee. In Sectlon 18.40.070 Uees of the Special Development Dl.etrlct lt states: Deterninatlon of peraltted' condLtional and accessory uses shall be uade by the Planning and Enviromental conmissl.on and Eown councll as a part of the formal revlew of the proposed development plan. Unless further restrlcted by the review of the proposed Special Developnent District, per:nltted, condltional and accessory uses shall be linited to those pernitted, conditional and accessory uses ln a propertles underlvLng zone district... In rumarl, tlte purpo3. of alplylng HDMP zonlng to tlreproperty lr to clarl.fy thc underlylng zone dletrlct tor tlreentlrc 8DD, allow for thr tiurehare usc rpecl.flcally f,or the 56 unlt thcrharc r:cpanelonr and to alro provide a grulde for any futuro propoaalg tlrat ray b. rubnltted to tlre Tffn. II. BACKGROI'ND RESE,IRCH ON ![NE UNDERLTING ZONE DIATRIET FOR SDD NO. 7 The etafl has pl,occd togcther a r.guence of .ventt rolatlngto ttrc llarrlott tlark Rciort proporty. lle uuet cphlslzettrat tlrle tnforuatlon uaa taken lrou tbc Couunlty Developuent Departucnt fl,lr and tr not conclull,ve. Selow Le! suuarfr of thlr rrgearch. 1973 L977 L977 1978 1981 lnro lrlark Rarort eonrtnrctcd 7{ hotel. roous and 1{ condonl,nlun apattncnte. Ttrlt orlglnal dcvelopnent (east butfdtng) lr referenced ae havlng mlr zonlng Ln an Envlronnental Iupact Report prepared by ilohn Ryan datcd Januarl, L977 (pg 35). A bulldlnE perult datod Uay 31, 1973 al3o teferences HDMF zonlng. Ordinance 3 of 1977 rezonea Ipts { and 7 and aportlon of lots 5 and 6, Bloek 2 vall Llonehead 3rd Flllng tron hrbllc Accoulodation tnd UDS|F to Speclal Devclopnent Dlrtrlct to allou the d-velopnent of-ttrc rl.te iln a uore tnnovatlverannerh. However, ln revl,ewlng planner etaff zone checks ln ttre flte, Ipt 4 Ls rcforcnced ae havlng I|DUF, Ipt 5 - HD!,!F, and IPt 7 -hbllc lcconnodatl.on zonLng. Ipts { and 5 relate to the seetern portlon of thc ltark property uhlle Io! ? appears to bc the origlnal lot for the very flrst lulfatng on the cagtern portl.on of tlre alte. A reeubdlvlclon of Ipt 4, 5r 6, 7 and 8, Block 1, Llonehead 3rd Flllng nas approved by the Plannlng and Envlrotucntal Couul,ul.on. Plcaee note that the block rcfaroncc3 are dlffcrcnt for the SDD ordinance and for ttre rcgrbdlvlalon A bulldlnE parnlt uag relraeed for ths uark Reeort and tennle club rhlch hag been referred to ae Phase I (second bullding to ttre rest). ordlnance No. 25 of 1981 approved a lpeclfic dcvcloplent plan for Phaae II whlch allored for ttre co-nstnrcllon of the conventlon center, parklng etrtrcture, two addltl.onal tennls courtg and allosed 8'flreplaces ln 8 dweUl'ng unlte. 1981 1985 'llbo bulldlng por:ult for tlre developnent approved Ordl.nance llo. 25, connonly called Plrase II raa rrloaeed. lltre rcquect tor tlacgharlng tor Ptrace II sae donl.cd by tlrc Plannlng Staff. '!hla requcrtproccded to Plannlng Cs@i3tl.on and thc appllcant tablcd lndefinl.toly. Frou tble r.t.arch' Lt appcare tlrat tlre Slnclal Devrlopuent Dl.gtrlct actually had two-urdcrlylng zone dlrtrlctr. llbe eaetern lpt ? hal been hbllc tccounodatl.on Zonlng. However, tblr confllctr slth ilohn Ryanrt rclcrcnce to lpt 7 as bel.ng aoncd tlDltF Ln blc EIR. Iptr I and 5 sbtctt are to tlre rest of lot 7 appGar to have been loncd Btl}|r. Staff also contacted John Ryan' rbo prcparcd-the orl'gln-al EIR ln Lg77 t J.lu Ianont vho- uaE on tlre Plannlng Statf uhen the tlarriott llark was revlcwed ln 1977. Danny Corcoran, sunteyor of Eagle Valley EnglneertnE and Tou Brlner, archltect for thc Uarrlott Regort and Tennlg Clttb ln orderto flnd out any addltl.onal zonlng lnfotnatlon. In dlscuealng the lssue ulth Jiu lamont, he rtated that everything l-eore 1974 had zoning. He also agreel tlrat the eite-probilty had either Pqbll.c Accounodatlon or HD1!F zontng origlnally oi a conblnatlon thereof. The other Pcrsong confacted-shere unable to provlde the etatf uLth any defl.nitive undcrlylng zonlng lnfornatLon.Sufflce lt to aayl ttrat the-property appgarg to have been zoned ttDuF. In the zonlng analyels gcction of the tre-no, staff has coupared the pr6porea sDD to HDI{F and Frbllc Acconnodatton-zoning. the-naJor difference le that Hrbtlc Acconnodatlon zonlni allowa for a GRFA naxfunun of 180116{ sq. ft. whlle nDttF iuows for 1351123 aq-..ft. In reapect to pirking, HDMF ttates that ?5t of the parklng.nust bc I'n a Lufldiii or screened whlle PA zoning alate9 tlrat 75t of ttre iequfr"6 parklng shall be loeated withln the rnain bultding and nlaaeir fron-pub11c vlcw. In alt otSer rosPecta, tbe two zone dietrlcte hive baelcally tlre gane rcquirenenta. III.@ The speclal Developuent Dlrtrlct bas bG3n co4tared to-Fm{F ana 1frlttc Acco11oaatton zonlng ln Cbart 2. Becauge tlre regueat Le for undorlyl'ng tlDl{F zontng, -9h? rtaff collcnts wll-l relatc apacl'ftcalty-to thle sone dlstrlct.' (fleare note all calcirlatlons l;rclude tlre 1o onployre houeing unlts). llhe cxletlnE Speclal Dcvclopuent DLetrlct and tho gropoced SDD botlr rxcoed tbe BD{F laxfunun allorance of 25 unl.tr peracre. lttre rxl,atLng SDD bae 31.2 unite and the propoeed SDD sould bavo {7 units p€r acre. rn rcrpect to GRFA, EIf,IF allwB 1351123 .q. tt. lftre rxletl.ng SDD lr rltghtly under thlr anount uhlle tbe proporcd SDD .rcc..ds tho HDIF GRFA ltntt by 7o.O77 lq. tt. Ttre EIf,tF zone dlctrlct allow. L28 &relllng unltr tor tlrerlte. lfha rxfrtlng sDD bar 1?? dwelll.ng unlts and ttrr propored SDD uould bave 2{3 dnelll.nE unltg. lltre belght raxlDun for EDUF le 18 fcct. Tlre cxlrtlng SOO har a helght of approxluatcly 85 fset uhllc tlr€ n.w 8DD expanalon area ulfl neg oxcced 48 feet. In reepcct to rlte coierage and tandscaping, botlr ttre exlrtl.ng aDD and tbG propoeed SDD sxceed the ulnLnnm reguircuente of HDl,lF. The el.te coverage naxluum 1r 55t for HDltF. 'lltre propos.d SDD haB{5t elte coverage. Ihe landscaplng ulnlnun le 30t ol theslte. wlth the cxletlng sDD 63t of thc glte lc landecaped and wltlr ttre propoaed sDo 55t reualns a3 landrcaplng. In reBpect to retbacke, 20 f€et Ls requlred on all rl'dog of the property. lllre bullt SDD .ncroachee lnto tlre letbacks ln sone areas. The new proposal on the scgt elde ol tlre property doeg not encroach lnto the 20 foot setback rxcept 6n Ltre iestern property ll.ne where the exletLng parkl'ng stnrcture (setback of 5r) ls extended to the eouth. All parking requlreuenta are net per the Town of Vall park-lnE code ul-th the allowance of, 5 valet parklng rp?_ce-e. Each tiueeharc unlt has 2 sPaces and oach cnployee rurlt hae 1.5 apaces. IV. EYAII'ATTON OF T'NDERLYING HDIiIF ZONE DTSTRTCT FOR SPECTAL DEVEIDPI.IENII DISTRICT NO. 7 SuLtabLtltv of the nroooeed zonLnq. Itre exletlng zoning lt specl.al Developnent Dlrtrlct for tlrl.s rl.te. -t rpeclflc underlylng zonr dl'etrict tg not ldentlflcd ln the SDD ordlnance. For the purpore of clarlty, lt ls approprlate to ap-ply underlylng-BDUF zonlng to the entlrs sDD. 'lltre lntcnt ls to not ttnper ln ani way uJ.th the cxlstl.ng develoPrent on. tlre rlte but t6 prortlae an underlylng aone dlrtrl'ct tlrat can be ueed aa-a grulde for the icvi.es of any futurc propoeals. A. B. In addltlon, lt La alryroprlate to apply EDMF due to therequ.tt tor tluerharlng for tlre proporcd oxpanelon bythc appllcant. SlnerharlnE rould not bc approrrcd for any othcr portlon of, the SDD unlesr tbc appllcant rcqucrtod to rnend tlre SDD ln tlre future. Stalt propared a clrart tttloil rDevclolnent lnalyllrr ln orriler to couparc tlrc propoesd 8DD rlth rurroundlnEpropcrtl.os. Ae tndlcatrd by thle cbart, tlrqrc ars a nunber of propertLcr dsvrlopea lcyond rhat La propoeed on tbe llarrtott cltr ruch as tbe Antlorr, Irndnark' vanttge Polnt, llontancroa, Irlonaquaro tadge and tbe ooublitree llotel. Strff believes ttrat the proporal ls Ln concert sl.th lanv of tlre pollcice outllned ln ttreIrnd uBe Plan. rhe-slte ls identifled ac belng ln the Resort Acconnodatl.on and SetittLce catacronr deflnad belou: Ihis area Lncludce actlvltLes al'ued at acconuodatLng the overnl.Eht and chort tetm vlcltorto the area. Prfunary uees lnclude hotele, lodges'ger:rrlce etatl,ons, and parkl.ng 3tructures (wlth denslties up to 25 dwelllng unlts or 50 accounodatlon unl.ta per bulldable acre). Thege areaa are oriented toward vehl.cular accesa tron I- 7O, wl.th other tupPort connercl.al and buslneee retrrLces lncluded. Aleo allowed ln tblg category, would be LnstLtutlonal uses and varl'oue nunicipal u33S. (Plea8e eee Speclal Dcvelopuent Dletrl.ct lleno ioncernl.ng thls proJect and ltg relatlon to tlre Isnd Use Plan and eurroundlng nelghborhood). In tlre Irnd Use Plan analysis, a developrnent rcenarl'o was relected baeed on uarket denands and tlre deslree of tbe cltlzcnt?. The Plan rtatee (page 30): Itre pr:btlc lnput had lhorn a Eeneral ratir-factLon ulth-ttre locatlon of, cxieting land ureg, nhlch uas ured ae the loundatlon tor tlre preferred dcvelopment alternattve...'llbc noet I'uportant Eoale cuttea fron the publlc leetl'nge vero uced to ioruulate the tlrende lltcnratl'vs. Ihese hey goale are a3 follovs: A. CorinrercLal Uteg . 2, Couerclal grrouth rbould bo concrntratedprluarlly tn rxlrtlng couerctal arcaeto accouodatc both local and vlrltor necda.3) lfcw botrlr rbould contlnuc to bo locatedprharlly ln tbo Vlllage and lt'oarbrad araa3. C. Vlllaoo./LLonghcad corc lreag 1) Incrcarod drnrlty for couorcl'al' rcel.dontial and lodgtttg ullr t'n tbr Corear.a! rould bc accoptabh ro long ar tlre exletlnE charactcr of each aroa lr bcl'ng presenred Thla propoeal aupporta thc Irnd Ure PIan rlccy goalrn I'n ttrat thc oxpanslon occura in an alrrady developod areaol Llonshrad, thc ucsr propoetd rupport tlrc derire lor tLueehare, and thc deslgm of tbe propoaal le rerpectfulof gurroundl,ng propertl,ec and the charactcr of tlre tleet Ll.onshead CLrc1e area. Ihe etaff bell.evee that the Epeclal DevelopucntDletrlct crcpanslon doce provl,de lor the ordcrly developnent of tlre couunlty. lfe bellevo tlrat tlre proJecl enhancce uany of tlri coununltyrr goalr-outllned Ln thc Irnd Uge Plan. Ttra tlue lhare uge 1r alro speclflcally called out ln ttre lrnd Use Plan. 'lllreauttaltttty-of thls property for lnf,lll devclopuent l,s dlecueged ln detall Ln ttrr 8DD D.no I'n rrelnct totraffi.c, denslty, deaigm ctc. rhl.cb aII rolate toiorderly developnent. i IV. SIAFF nECOlill,lENDAfION ttre rtatf nconnendB aPProval ol the appllcatlon-of ttre Htgh Denslty tlultl Faully zone dlstrlct ae an underlylnE sone dietrlEt to tlre Spe-tal Dcv.loP!.nt Dl'rtrlct No. 7. lfe bellcve lt lcetr itt ot ttrc ttrlee crl'terl'a tor e zoning c. revLew. 6 g|6"E-.H rN FB ClE Hfid Hs;3rE lnEEEP oxHG.EIO d2H ut B t{ &l '.aHA E !la ts C'2H o eH E g 6 HII (!'-H* fr ox(, 6 Eo r,2HA 6 E a H C,HE 2Hx 4 aE H" RE rg FH .la ECtOF6|ErDlI|l. o2H 3H B zH arlFF|1 -o&lllHHU BH lF8 ItfI allIF Eat!. Ul|ll ax!oo arl rO aoct G|d Il.{ 3H B aHuI R H aoIt Crf,E!|ro 8t oF TD.{Itd EfiIt ao&ta0 C)FFoor,l t{ E' U|o l{,EFc| ctEcao F or or(rlo l{hJt|ll.ncft&o atl rOq, |rlNc{ Et a?hulrtl a/rno arrlo aoltlNd Hc,axHI EHHul gl IJ flttN o CINIIcl6| .t-,E' FtF trtut oE Ho E 00 C)rt('t cl rlA|\|U.baEa a.l aav, ElLH B tn G| o Dai FFr{ o EI' aoNd 11, B ro G|;l j rodoo?l t lDHH-D (tl Nr{ c'l (.1 r.l t IhgI utN .t !{ 6I o E{HzD 4o. E d- ;EaoEaG.o ur'9o S :BE hB l:Eo i*,7 : .Eeie E EEe* H TO: FROM: DATE: RE: Mrd Planning and Environmental Connission Connunity Developrnent Departnent June 11, 1990 A reguest for a najor amendnent to Special DevelopmentDistrict No. 7 (The litarrlott Mark Reeort) in order to add 56 tineshare units and l0 enployee housing units at 714 l{est Lionshead Circle, I.ot 4, 7, C, D, Block l, Vail-Lionshead 3rd Fillng.Applicant: l{K Cor2oration, Kaiser }tarcus, and thelilarriott Corporation INTRODUCTION Proposal Below is a sunmary of the proposal: - 56 timeshare units each having 12OO Bq. ft. for atotal of 67 1200 sg. ft. of GRFA. One week tl.meshare intervats are proposed for each unit (50 intenrals/unit/year). All tineshare units shall meet Town of Vail ordLnances governing tJ.meshare. - 10 employee units at 400 sq. ft. each for a totalof 4000 sq. ft. of GRFA. Units are permanentLy restricted as enployee housing. ' Replace two of the western most tennis courts with landscaping to create an open green space area. - Landscape irnprovenents around the pool area. - Pedestrian path connections for general public use throughout the project. - Pocket Park for public seating adjacent to the Lionshead Recreational Path located on Town ofVail property. - L27 additional parking spaces which provides 2 spaces per dwelling unit and 1.5 spaces per employee unit per Town of VaiI code. 5 spaces arevalet. Landscaped terraces are proposed to cover the parking. - Regrading and revegetation of hillside adjacent to Town of Vail Recreation Path along Gore Creek. I. A. 1 - No vood-burnlng fireplaces are proposed for any ofthe units. ll'ble arldltlon uould be located on the rest cnd of theproperty and bullt prlnarlly over the exletlng parklngstrrrcture. Since the Planning and Envlroruaental Comteel,on reviewof the proposal on AprLl 9, 1990, the following changeslrave been uade: - Decreaeed tiueshare unLts fron 5? to 56 wrlts. - Decreased GRFA fron 741205 sg. ft. to ?11200 Bq.ft. for a net.decrease of 3rOO5 sq. ft. - Decreased helght fron 58 to 48 feet. - Increase ln enployee units frorn 8 to 10 units. - Connitnent to participate on a fair-Ehare baEis inthe provision of a weet bound turn-lane on the South Frontage Road. - Connitnent to repaint the entLre exlstlng ltarriott Conplex to conplinent the new bullding. - Significant changes to tbe nassing andarchitectural style of the e:rpansion. - Completely enclosed parking area on sest elevatLon. lfbese changes were nade J.n response to cornnentg fromthe Planning and Envl.ronnental ConnisElon as well as adJacent property ownerB. As outlined in the SDD eectlon of the zonlng code, thefolloring nine criterl.a are to be used Ln evaluatingttre nerit of the Speclal Developuent Distrl.ct. It isthe burden of tbe appllcant to demonstrate thatsubnittal naterial and ttre proposed development plan conply with each of the followlng standards or denonstrate that one or more of thern is not appll.cable,or that a practl.cal golutlon conslstent wlth the publlc Lntereet tras been achieved. o Develoonent StatLstLcs Site Area: 5.17 Acrea 225.205 sq. ft. Accommodation Units Dwelling Unlts Enployee Unlts GRFA lleeting Roon (sq.ft.) Ancillary Retail (sq.ft.) RestauranX/Bar (seats) Parking Spaces Exlstlng Develoonent 24A 53 o 134, OO0 12,000 1r 500 426 273 Propoeed DeveloDnent o 56 10 7Lr2OO o o o L27 Total 248 109 10 2O5,2OO 12,000 lr 5OO 426 400 II. The Planning and Envl.ronnental Connission, staff, and adjacent property orJners had concerns about the height and nass of the bullding. fn response to these conments, the applicant has decreased the height fron 58 to 48 feet. The uass of the proJect has been centered in the exlstlng parklng etructure footprint. As nith the orJ.glnal proposal, the mass and helght ofthe proposed expanelon have been designed to ttetep- downrr fron the exlsting ?-story hotel to a three tofour etory elenent along core Creek. SPECTAL DEVEIOPMENT DTSTRICT CRTTERTA In respect to getbackE, on the eouth side nGore Creeksiden, the new bulldinE nalntalns a 20 ft. to 43 ft.eetback. On the side of the proJect adJacent to tlreVail Associateg parklng lot, the o<panslon of ttreparklng structure would contl.nue an exl,eting 5 footeetback. llhe actual tlueghare bulldinE on theeouthrest corner of tlre property laLntal.ns a ulniuun 20foot eetback. 'lltre norttr glde or uest Ll.onEhead Ctrcleslde of the proJect nal.ntalne a 35r eet-back. Vl,ew studiee have been coupleted frou a varl.ety ofvantage poLnts. The addltion conceals tbe exietl.ngparkLng Btnrcture and cll.nl,nates any open parklng onthe elte except for a few epacea on tlre northelevation. The addltlon of any ner ctructure wlll lrave sone degree of lupact on vl,ews. There are no laJornegative Lupacts on vl.ews fron public cpacea. llhenualking along sest LLonshead Cl.rcle in front of theproJect, instead of ceelng exposed carB, one sl,ll vl.ewa three story buitdlng. Bhe view analysls tndicatesthat the vantage points frorn the lnteretate and the Frontage Road are not rffected greatly. llhe vl,ew ofthe l,Iountain and skl slopes Ls gubstantlally uaintained. There are sone lnpacts on views fron theAntlers (lookLng towards Red Sandstone l{ountaln), theresidential area along Foreet Road (looking tovard Potato Patch), and the Vall Spa (looking toward Vall![ountain). Fron these vantage poLnts, the proposedbuildlng is blocklng elther a view of the existl.ngparking structure or other counercial or reeLdentlal developrnent. Obstmctlon of vl.ews of undeveloped nountain sides does occur Ln eone areas. By terracing the bullding down to core Creek to relateto the lower density developnent on Forest Road andalso the public recreational path and gtrean corridor,the applicant has responded to vier concerns ralsed bythe publtc at previous reviews by lowering the helghtof the buildlng by 10 feet. The architecture of the proposed additlon doee not nfunic the exlstLng hotel. Instead, the appllcantproposes to relate the two bulldings by tlie uee of conpliuentary colors. The appll.cant has agreed torepalnt the entire exlatlng llarrl.ott proJect in a Danner vhich will conpliuent the proposed expanslon. B. Densltv The reel.dentlal uees propoged for thls facl.llty are conetgtent and conpatlble with eurroundlnE developnent. Iocated ln the Llonsbead area, overnl.ght lodglng acconnodatl.ons are approprl.ate for thLe el.te. one ofVailrs naJor nlxed ube actlvity centers, Ll'onshead lscentrally located and well ler:ved by the Towna traneltsysten. At the present tlne, tlre slte Ls developed to approxluately 34.2 unltB per acre. The developnent pioposed vith thle auendnlnt sould lncrcase the rite aen-ity to approxl.uately 47 unlts Per acrc (thie Lncludes ttre 10 enployee unlte). Tlrle level of developnent exceeds that peruitted by the Townfs hlghest density resldentlal district (PA or tlDltlF, 25 aw-tttng units per acre). However, 47 unl.ts per acreis not unprecedented. The Llonsguare Iodge ls developed at 55 units per acre' the Antlerg Ls at 60.5 units per acre, the poubletree is 51 unlts per acre, and Vantage Polnt ls at 71 unlts Per acre. The Vail Spa dlrectly to the north is at 17.2 unltE per acre and tle Enzlan -l.s at 31.4 unlts per acre. Ilouever, looking Cnly at unitsr/acre nl.eses nany I'nportant plannlng Iesues. Ttre 'relatlonship of the building to the slte and surrounding neighborhood Ls extrenely.lnportant.Staff believeE-thls-proJect relates positlvely to the speciflc ELte and surroundl.ng neiglrbors. The density proposed for thls Eite is much-greater than the low density developnent on the eouth et'de of Gore Creek. Gore Creek provides a natural buffer between the low density residential developuent along ForeEt Road and the entlre Llonshead area. Thle open Bpace provides an adequate buffer between these two LeEldentia!. areie. core creek also aervea as a natural barrl.er deflning the physlcal linlts of the Llonshead core area. Pleise see ttte attached chart lndlcating the exlsting developrnent on adJacent propertles attached to the zoning ttemo. Tinesharerne Fioposed tineshare use Ls acceptable to staff. firnebhare would only be alloued in the neu uest bulldlng through thle anenduent. Any.additl'onal tl.neshaie would regulre that the applicant'auend tJre SDD. This use ls encouraged by ttre Lnd UBe Plan. The applicant has agreed to coropty rlth all condltlons of c. Town of Vall ordlnancea governing tlueshare. Timeshare proJects generally retain a higher year round occupancy than any other tourist acconnodation use and this usefite sell sithin Vallre policies to level off eeaeonalLties of Euest vLslts. Enployee llousLnqorlglnally, the etaff reguested seven euployee houslngunltE. The appllcant ie proposlng 10 unl.ts or 17.8*. The Houslng Task Force ls discussing a posslblllty of a 2Ot or greater housing requirenent for SDDs. Thel,tarrlott proposal has been evolving at the saue tine that the tlousing TaBk force has been refining itspollcy reconnendatLons. llhe gtaff oplnlon Ls that the applJ.cant is providing 10 high quality enploy-ee units, peraanently restrlcted. We belleve the appll.cant has taken the staffrs orLgl.nal request of eeven unlts (tlarch 1990) and increased the anount to 10 units whlch is appropriate for this SDD. The 55 tl.ueshare unlts wllt generate an enployee dernand of 5 to 7 additional enployees. This ls due in part to the fact that the ex-istlng ltarriott will provide noEt of the senrices for the tlneshare proJect. The enployee denand generated by the expansion is net by the 10 units. compliance with parkinq and loadlno requirenents as outlined in ChapLer-l,l-52-- Assuning 1.5 parking space for each of the 10 enployee units, and two parking sPaces for each of the 56 tineshare units (as per zoning requirernents) ' the new parklng requirenent for the proposed addition is 127 lpaces. The e)rpansLon of the existLng structure will sitisfy this reguirement. To the best of staffrs knowledge, the parking reguired through previous approvals has alt been constructed (273 Bpaces). As required by existing SDD No. 7 there are to be 273 parklng space- on the ltarriott property. As.with any property, the managenent-and control of p-arking sPaces-Is -critl.cal to thelr efficl-ent use. At the present tJ,me, the westerly parklng structure provldes a very lnviilng environment for Lllegal parklng. LocatJ'ng a bulldini over the etructure should provide greater control-and increase efficiency in how theEe tpaces are utll.ized. ltro loadLng areas presently exist. Staff rlll also require that the screenJ.ng of loading areas.be_ addressed by ttre appllcant at DRB. In particular, the loading area on l{est Ll.onEhead Circle to the east of the nain hotel's entry must be landscaped and fenced. D. Conformltv with appllcable elenents of the VaLI conprehensive Plan. Town rcoll.cies and Urban Deslgn Plans. llhe Vall land Use Plan Ls the noet relevant doeunent to be ueed ln evaluatlng ttrls developrnentproposal. The proJect 19 consiEtent wlth a nunberof goals outllned ln thlE document: 1.1 Val.I should contlnue to grow in a controlled envLronment, ual.ntaLnLng a balance between resLdentl.al , connercial and recreational usesto aente both the vlsitor and the permanent resident. 1.3 The quallty of developnent should be naintaLned and upgraded uhenever possible. 1.12 Vail should acconmodate most of the addltional growth in existing developed areas(infiIl areas). 2.L Ehe conmunity should enphasize its role as a destination resort while accounodating thevisitors. 4.2 Increased density ln the Core areas ls acceptable so long as the existlng clraracter Ls presenred through imp!.euentation of ttre Urban Design Guide Plan and the ValI Vlllage llaster Plan. 5.1 Additlonal residential growth should continue to occur prfunarily in exlsting, platted areas and is approprlate in nert areas where high hazards do not exist. 5.2 guality tineshare units Ehould be acconmodated to keep occupancy rates up. 5.4 Residential. growth should keep pace vlth the narket place demands for a full range of housing t1Pes. 5.5 The existlng enployee housl'ng base ahould be presenred and upgraded. Addltional eroployee houslng needs ehould be acconmo{ated at varloui sites throughout the conmunity. E. llhese goal statenents prorride the fundanental franesorkto be used Ln deternlnlng uhether or not addltlonal density ls approprlate on thLs elte. As reflected inthe above goals, ttrle proposal is verfi consl.stent wlththe directl.on provl.ded ln the Iand Use Plan. *Please note tlrat the Llonshead Urban DetLgm GuLde Plan does not apply to thla property. Thls property is not affected by any natural and/or geologlc hazards that have been ldenttfled wlthin the Town of Vail . Site rlan, buildinq desl.on and locatlon and ooen soace rcrovisions desicrned to Produce a functional development responsive and sensitive to natural features' vecretation and overall aesthetic cnral.ltv of the comnunitv. The site planning for the additlon has changed in that a maJor portl.on of the additlon has been centered overthe existing parklng strrrcture. llhe location of, the nass and bulk of the building in this area has allowedthe designer to reduce the height by ten feet. It has also helped to reduce the buildLng nass along Gore Creek. A portion of the neu deveLopment is proposed on what is now undeveloped open space directly south of the existing parking stnrcture. Several aspens will be removed to allow for the building. Hovever, this open space is generally not accessible and not an aesthetically pleasing area. A naJor element of the proposalre landscape plan ls the elinination of tvo tennie courts. Converting this area to functional green space wlll nore than off-eet the loss of open apace south of the parklng etructure. A roajor concern of ttre etaff is the physlcal. relatlonship of the buildtng addS.tlon to Gore creek and the recreatl.onal trall. Origlnally proposed at 5 stories and wlthln 5 feet of the property line, the addition would have serlously funpacted the enJoynent of this trall. The bullding ls nou 20-40 feet f,rorn the rear property llne. 'llhe buLlding J.s approxinately 5o- 60 feet from the. recreational tral.l. The soutlr facade is three and four gtories. The locatlon and nass of the building now provides for a confortable relationshlp wlth the recreatlonal trail. F. G. fnprovenente to the pedestrl.an clrculatlon eyetenLnclude a path connecting to the Gore Creek blke path, a uallcway througtr the proposed developnent connectl.ngthe we8t Day lpt wlth other parts of tlonalread, and the developnent of a sidewalk along Wegt Llonehead Clrcle corurectlng to an exletlng ridesalk on the South Frontage Road. lltrls lnproveuent ls located of,l the appllcante property. Bhese tnprovenentB ars deelEmedto eenre not only the proposed developrnent, but aleo to Lnprove pedestrlan cl.rculation tbroughout tlris area of Ll.onshead. Staff rould euggest ttrat the appllcant Lnclude a pedeetrlan connectlon betseen the veat daylot and the loser level of tlre parking stnrcture toallow for easier pedestrian access. we would also agkthat the owner provide a publLc pedestrl.an eassuent through the property. Internal vehl.cular circulatlon u111 also be !.uproved by redesiEnLng tlre existing parking structure. Currently each level Ls accessed individually, resulting lndifflcult circulation patterne. The proposed nodificatl.ons to the structure wil]. Lntroduce lnternalclrculatlon between the three levels of the etructure. An assessnent of the potential trafflc LnpactE of thls development has been included as a part of the envLronnental inpact report. A l{arch 9 addendun tothis report indicates that a uestbound left turn laneoff of tne s. Frontage Road onto t{est Llonshead Clrcle Ls needed today based on exietlng traffic volume. Currently, 35 vehicles nake this left turn durlng thep.n. peak hour. This developnent would increase thl's sl.tuatlon by 208, to 42 vehicles during the p.n. peak hour. Baeed on the state of Colorado Access Code, aleft turn lane is warranted slth nore than 30 turns per hour. Given the 2ot Lncrease Ln this left tura actlvlty,there ls no question that ttrl.e Luprovenent UggE be conpleted before the propoeed expansl.on recelvee a Tenporary Certlflcate of occupancy. However, theIitarriott addltlon le not the eole contrlbutor to the need for the teft turn lane. Town buses, the we;t Day Iot and a nurnber of other propertl.ea are oreatlng the need for thls lane. Becauae the llarrl,ott ls the nlaet {nry ln the doortr does not Justtfy requlring them to fund and conetruct loOt of thls Luprovenent. Thel,iarrlott le responslble for, and ls willing to contrl,bute to, thelr falr share of the expense Ln constnrctlng this Lnprovenent. There are a nunber of alternatives for how thie inproveuent can be Lupleuented. ll'he ualn lssue wlth each of these alternatlves Ls with regard to the tlnlngof the J.nproveuent. The Town wlII be completing a eonprehenelve transportatlon plan for tlre Frontage Roadtlrle fall. ft Ls very llkely that thLs J.nprovenentwlll be ldentlfled by thls plan. However, the Town is Ln no positlon to connit to fundlng or a speciflc achedule would asaure thlg Lnprovenent ls Ln placeprl.or to conpletl.on of the llarriott facllity. This essentlally puts the burden on the appllcant to develop eome nechanism for asEuring that the turn laneis conpleted when the addition ls fLnl.shed. Thesinplest way to accomplish thle Ls for the llarrl,ott to fund 1003 of thls inprovenent. Hotrever, this Le not an equitable eolutLon. Other alternatives involvl.ng theparticipatlon of the llarriott, surrounding property owners, and the Town are possible, and ehould be explored to arrLve at an equltable solution. There are a number of elgnificant lnprovenents proposed to landscaping and open apace throughout thie site. Foremost anong these Ls the conversion of two tennis courts to green apace areas, a pocket park/pull off area to be developed along the Gore Creek trail , landscape Lnprovenents to the bern around the proposed addition, and landscape inprovenents along Lionshead Circle throughout the length of the property. These changes wltl provide not only functional open space, but also aesthetic inprovenents to the site. lltre pocket park le a posJ.tl.ve addLtLon. Staff sould lLke to aee a plcnlc area added to the pocket park and uore landscaping. The developer has also agreed slth the staff's requJ.renent that the etrean bank be regraded and revegetated this sunner. The dral.nage walls and pipes wlll also be cleaned and integrated into the slope. 10 o In addltlon, lore landscaplng le requlred along the weet clevatLon of ttre etnrcture. A Dix of aspens, ahrubg and cvergroens ls approprl.ate. Staff acknowlcdgec thit the apace for plantlng Ls only 5feet. BouevGr, uore landscaping and a variety of uaterl,ale ar€ neceesar:f. ta proposad, the addltlon and all related el.te lnprovenente are to be conpleted ln one congtructl'on phaee. v. The Envl.ronnental Illpact Report prepared by Peter Jamar Assocl.ates (Revised ttay 10, 1990) eunnarizee any lnpacts and proposed nitlgatlon on p. 32 of tlre report. The prfunary funpict areas ielate to vLewe, traffic, and the gueetlon of addltlonat density. llheee lesuee are revl.ewed by etaff ln Sectione IIA-Vlewe, IIc & G-Trafflc, and IrB-Denslty. All nitlgatlon Deaaurea propoaed Ln the EIR shall be incorporated lnto the SDD. VI . STAFF RECOMITIENDATION fn evaluating thls proposal, one Dust flrst consider the fundanental question of whether or not additional developuent Choulcl be considered ln Lionehead on thls eite. Based on the goals of the Vail Iand Uee Plan, lt ie approprl.ate to consLder a reguest of this nature. A nunber ol-golt etatenents support the concept of tineehare unlts and-infill developnenl-ln the core areas. The task at hand then, is to evalulte whether the deelgn of thls proJect is sensitive to all appll.cable crlteria outll'ned I'n the sDD section of the zonlng code. A revl.er of the SDD crlteria indlcates that thle proJect ls consietent with the purpoee and lntent of this zone distrl.ct. A nunber bf lseues have been ral'eed by the PEc and staff during Ure revler of this proJect. In each case theEe concerns bave been addressed by the applicant ln a Danner that Ls congistent wlth the Deslgm crlterl'a. Parklng, clrculatlon, height and nassLng, vler lmpacts-, enployei houal.ng, and landscapl'ng/open space have all been addr€Esed by this developnent plan. I. 11 Staff lust enphasl.s the unl.quenesa of tlre l.larriott lilarksituatl.on. There are verfr fes eitee slthLn the Town of Vailthat have the capabtllty to add tbla tlpe of denelty. staff belleves that there are unlgue characterl,stl.ce related tothis site that uake lt possible to add a proposal of thisscale. Unlgue factore lnclude: 1. !l'he exietl.ng parking atnrcture ls Ln a locatlon tlrat would actually be Lnproved ln appearance wlth tlrl.s ex;ransl.on. Itre slte ls very well sulted for lnflll developnent. 2. Ttre Llonehead area (excludLng the Forest Road neJ.gtrborhood) has slnllar lodglng uses' !aEB, bulk and unLte per acre rhlch are coDpatlble wittt thls tlpe of addition. 3. ?Itre appllcant has naintalned a 48 foot heJ-ght whlch does not exceed the llnits of the Townre hlEheet density zone district (HDUF or Ptrblic Acconnodatl.on zoning). 4. The proposed use ls ln keeping with the Iand Use plan goals calling for additional tineshare unlts and other Land Use policies as llsted in Section IID of the reno. 5. The Environnental Inpact Report and etaff revl,ew havenot ldentlfied any naJor neEatlve iupacts wlth theproJect. Any Lnpacts that have been deternlned by the environnental J.npact report have been ultigated ln a reasonable fashion. 6. The proJect ueets parklng, eetbacks (except on the east side by the parking atmcture), site coveraEe and landscaping reguirenents. In fact, the nlninun requirenents for site coverage and landscaping are substantially exceeded by the proJect. 7. Ihe site has good vehLcular and pedeetrlan acceas. Vehl.cular traffic wlll uEe the Frontage Road. It ls not necessary to acceBa ttre eite through a low densltyresidentlal nelghborhood. 8. The sLte Ls located near all of the se!"vl.ces and a prinary ski base area, Lionshead. It Ls very-ppropriate to allow for Lnfill developnent ln an area ttrit ifready has a vide variety of Euest sernrl.ces. staff feels lt ts critl.cal to Ldentify the unl'quenees of thls speclal Developnent Dletrlct to ensure that 9ensltyLncreaies are not deened automatl.cally acceptable by using the Special Developnent district process. It ls aleo Luportant to ldentlfy the ipubllc benefitr shl.chresults fron thls proJect. Below is a ll.et of the benefltsrhlch are derived lron ttris propoeal: - Ilre aubstantLal upgrade of landscapinE on thellarrl.ott property ae well as area adJacent to therecreational pattr along Gore Creek owned by the town of Vall. - llhe ;rrovl.sLon of publlc ralkrays along reat Lionshead Clrcle through the center of ttreltarriott site fron tlre tfest Day Iot. - The entLre repalntlng of the exietLng ltarrlottProJect to conpll.uent tbe proposed o<panel,on. - Enclosure of the exieting surface parklng and ttreaddltion of landscaped and open area above theparklng. Thls la achLeved by the landecapedterraces over the parklng area as well ag theelinlnatlon of two tennia courts. - The provlsion of 10 enployee housing unlts ublch have been fully counted in the density and GRFAfor the proJect. - The provision of additional high quallty tl.neehareunits whlch dlversify the existing unlt tlpe and mix and provlde Vait with additlonal destLnationgueete year-round per the Land Uae plan goal 5.2. Staff reconnends approval of thls proposed anendnent nlththe stlpulatl.on that the developere/ovner neet the followingconditions: 1. Deed restrictl,ons llnltlng the use of the ten euployeeunits to long tern enployee rentale Ln perpetulty shall be recorded prlor to the issuance of a bulldlng pernlt. lltre units shall meet the condltions for enployee housl.ng outllned in Section 18.13.080 B1o a-d of the Zoning Code except that the unlts are restrl.ctedpernanently. 2. A detalled drainaEe plan and other deslgm leeuesrelevant to publl.c sorke concerns shall be :ubaltted and approved prior to the iseuance of a bulldlngpernlt. Pollutlon control devl.eeE ehall be Lncorporated Lnto the parking ftarage per the EIR. The creek ehall be protected fron any constnrctlon iupacts by the uee of an erogl.on control plan. 13 3.t{orklng Ln coordl.natlon vith the Town staff,, the appll.cant ehall fund and conduct a conprehensivetrafflc study of the WeEt L'lonshead Circle area auLtable for deter:ninlng the uarrlott Dlarkrs contrl.butlon to tlre cost of constnrcting any necessar?turn lanes on tlre S. frontage Road to West LlonsheadCl.rcle. Prellninary desl.gn and cost estLmates for theturn lanee shall be provlded. At a uinLnum, theappllcant shall be responslble for contrlbutlng thls agreed upon anount toward the cost of thle lupronenent. A prelfuninary deslgn and funding strategy for conEtructlng any turn lanes shall be establiehed prlor to the lseuance of any bulldlnE pernlt, and tlre turn lanes shall be conpleted prior to the lseuance of a TeDporar? Certlflcate of occupancy. lfhe fundlng andconstruction plan nust be approved by the town of VaiI engineer, Cornnunity Developrnent Deparbnent, Town Councll, and Colorado Divlsion of Hlghways before the buitdlng pernit ie released for the expansion. Ttre applicant shall be required to subnit a cDoll accesspennit application on behalf of the Town for the l{est Lionshead Circle/South Frontage Road lnprovenent. A signed cDoH pelmlt nust be obtained by the appllcant before a building pemit LE released. Al1 aspects related to the timesharing of thie facilltyehall conply wlth all appllcable town ordl.nances that regulate tineshare actlvity. Timeshare is only approved for the proposed 55 unit building. The 10 enployee units shall not be allowed to convert to tineshare. Any landscaping proposed on Tortn of ValI land ehall be subnitted by the applicant to the Town of Vail landscape architect and engineer for approval before the proposal is subnitted to the Design Revl.ew Board.AIt landscaping proposed on Tohtn of Vail land shall be naintal.ned by the applicant. Ihe applicant shall agree to regrade, revegetate, andrepair the dralnage on the bank adJacent to the bikepath along the southern property line of the Dtarriott Mark by Augrust 1, 1990. A letter of credl.t shall be subnltted to the town of Vall before eecond readlng of the SDD ordinance. Ttre landscape and dral.nage workshall be subnitted to the Town Engineer and IandscapeArchitect for approval before the proposal ls presented to Design Review Eoard. 4. 5. 6. 7. 14 8. A teuporary certlfi.cate of occupancy Ehall not bereleaeed for the ercpanslon untll all site Lmprovements have been completcd such aa eldetralks, landecaplng, drainage etc. If ttre reather prohiblts the coDpletl.onof the elte lnprorr€Dents, the appllcant ehall be requlred to provlde a letter of credlt to cover 125t oftlre conetnrctlon coets for these lnproveuents. Theconstnrctlon estl,nate shall be revlewed by the Town Englneer and Landscape Archltect. The agreenentstlpulatlng how the slte Lnproveuente w111 be coupleted and letter of credlt ehaU be cubnittecl by theappllcant to the Town Attorney for approval before atenporary certificatc of occupancy uay be released. 9. Eefore a tenporary certlficate of occupancy la released, the appllcant shall plat a publlc eaceuent to Lneure publlc acceaa through the eite on the proposed sldewalk Lnprovenents. The apptlcant shall subnlt the easement agreement to the Town Attorney and Town Councll for approval before recordlng the easenent. 10. fn addltion, the staff reconnends that the DEslgn Review Board address the following design leeues Lf theproject proceeds to DRB: - Additional landecaplng shall be addreEsed alongthe seet elevatLon of the parkinE atructure. Auix of declduous, evergreens, and shnrbs ahould be provlded of a eLze adequat€ to gcreen thegtrnrcture ae uuch as possible. - Iandscaplng beyond sod should be provlded on the landscape terraces over the parking if possl.ble structurally. - AII loading areaa should have additional landscapJ.ng and screen fencing if necessary. The loading area to the gouth of the Enzian orLrostello should be fenced. - Pedestrlan accesa ehould be provlded frou tbe weBt Day Ipt through tlre lowest level of the parklng stnrcture. - The entry stal.r on the nortlr elevation ehould be decreased ln width to allow more landscaplng. - The north elevatlon adJacent to the parklng ctructure stalr should have more windous. Iandscaplng ahould be planted along the atal:rrray and buildlng. 15 arlr? uo rD'loo€'0tD0C'itO.{c'OC'aIC)F 6a ra GaoglrtaFIi na.{ CtOdC,ara ra -F!E e*'I EE :3"gFi!*l;E EEE P- O:E Or{arf|OC'C'r'lC'F{vctl. C'at ctYr{Y - oaJ| 00rohC'rtd OOC'Gac|Foad GaoIltt!rFaard 0od. oG.r{ E E E a I E ERa{lo rS ES .rt H EErlt E} . HEECI XHEO TIRE So oeooooo,--E i(l;Hca< I|.{O 3|F !l'|>H i -I3 E;:;: HHE EHE g 9-- EEEcf -H-I .. I'E:;\.}l oF3JlC'00c|"tk Ga\r or|ora t|l C' 6.F -rr..\g! n. .{Faod'i F :' Efifi HHE HHg E E E TI '.se.g gt E 3C'a a.atailta E :-a EEE,EIEEH,H 3IoI B oci 5 o 2 C'ol o t g t -lllt E|e 6.a.{ l{& 86,t- E8 i TO: FROU: DATE: RE3 {vtd n8vrsrD 7/L3/9O Vail Town Council Connunity Developnent Departnent June 1.9, 1990 sunmary of Planning Cornmission action on a reguest fora naJor anendment to Special Developnent Distrlct No. 7 (The ltarrlott Mark Resort) ln order to add 56 timeshareunits and 1O employee housing unitE at 714 l{est Ll-onehead Clrcle, I.ot 4 , 7, C, D, Block 1, Vail- Lionshead 3rd Filing. On June 11, 1990, the Plannlng and Environnental ConnieElon reconmended approval of this request with conditions. The notLon was nade by Kathy Warren and seconded by Jirn Shearer. The vote was 4-1 for approval of the motLon. Connie Knight voted against the rnotion, Chuck Crist abstained and L,udwig Kurz was absent. Connie Krlght voted against the request due to her concern about the overages in GRFA (70,077 sq. ft. over HDMF allowed GRFA),units per acre (22 units above allowable under HD!,!F), and tlre nurnber of unj.ts (115 units over llDuF allowable). Below is a tist of the Planning and Envirorunental Conmissionrs changes to the staff conditions for the SDD. The PECrs changes have been Lndicated in bold type. 1. Deed restrictions liniting the use of the ten employee units to tong telm enployee rentals in perpetuity shall be recorded prior to the l-ssuance of a building pennit. Theunits shatl neet the conditions for employee housing outlined in Section 18.13.o8o B1o a-d of the ZonLng Code except that the units are restricted permanently. 2. A detailed drainage plan and other design issues relevant to public works concerns shall be subrnitted and approved prior to the issuance of a buildlng permit. Pollution control devises shall be Lncorporated into the parking garage per the EIR. The creek strltf be protected from any construction Lnpacts by the use of an erosion control plan. 3. Working in coordination wlth the Town staff, the applicantshall fund and conduct a conprehensive traffic study of the West Lionshead Clrcte area suitable for determinlng the Marriott Uarkrs contribution to the cost of constructing any necegsary turn Lanes on the s. Frontage Road to west Lionshead Circle. Prelininary design and cost estinates for the turn lanes shalL be provided. At a nininun, the applicant shall be responsible for contributing this agreed upon amount toward the cost of this improvenent. 4. I I 5. 6. A prelininary deslgn and funding strategy for constructing any turn lanes shal1 be established prior to the issuance of any building pennit, and the turn lanes shall be conpletedprior to the lssuance of a Tenporary Certiflcate of occupancy ualcgs defcrred Dy thc Couunlty D€v€lop[€Dt D€partr€nt aall puDllc rortr. The funding and constructionplan nust be approved by the Town of Vall engineer, Connunlty Developnent Departnent, Town CouncJ-l, and ColoradoDivision of Highways before the buildlng pernit is releasedfor the expansion. The appllcant shall be regulredpermit application on behalf of Lionshead Circle/South Frontage CDOH permit nust be obtalned bybuilding pemit ls released unl to subnit a CDOH accesEthe Town for the l{est Road inprovenent. A signedthe applicant before a.sr Oef.rredl by tbe Counual.ty Developu€Dt DePart[cnt and hrDll.a rorks. All aspects related to the tinesharing of this facil.ityshall conply vith all applicable town ordinances thatregulate tineshare actlvity. Tineshare is only approved forthe proposed 56 unit building. The 10 enployee units shallnot be allowed to convert to timeshare. (Aay--l*ndsaapiagt) Detalled landscaplng ainilar to tbe ragtin Eotel landscapiag along tbe recreatlon patb proposed on Townof Vail land shall be subnitted by the applicant to the Townof VaiI landscape architect and engineer for approval beforethe proposal. l-E subrnitted to the Design Review Board. All landscaping proposed on Town of Vail land shall be naintained by the applicant. The applicant shall agree to regrade, revegetate, and repalrthe drainage on the bank adJacent to the bike path along the soutlrern property line of the l.tarriott Mark by Augrust 1,1990. A letter of credit shall be subnitted to the Town ofVail before second reading of the sDD ordinance. The landscape and drainage work shall be subnitted to the Town Engineer and I€ndscape Architect for approval before theproposal is presented to Design Review Board. A tenporary certlficate of occupancy shall not be releasedfor the expansion untll all site improvenents have been conpleted such as sidewalks, landscaping, drainage etc. Ifthe weather prohibite the conpletion of the site improvements, the applicant shall be reguired to provide aletter of credit to cover 125t of the construction costs for these inprovements. The construction estimate shall be reviewed by the Town Engineer and landscape Architect. The agreement stipulating how the site inprovenents will be conpleted and letter of credit shall be submitted by the appllcant to the Town Attorney for approval before a tenporary certificate of occupancy nay be released. Before a temporary certificate of occupancy is released, the applicant shall plat a public easenent to insure public access through the slte on the proposed sidewalk inprovements. The applican! shaI1 subnit the easement 7. 8. 9. ) t 10. uartotlDg ffregc for tbc relo of tbr ]rahare unite rbaltbr auDulttod-oy tb. tou! lttorD.Ir by th-eppllcaat lor' aDproval. !!bli uordlag govtratai tlr lartrttaE of, tbetlnorbarLag rball br adde6 to tbr 8DD OrdlDllrc€. 11. Uo enpllflsatlol ol rouaC ol tb. Er..lspaar ercatrC by tbennovrl ot tb. tvo traai! oouatr sball bc allouod loraoavrntloD! oa otbcr rpoolal evcatg. The following itens were staff reconmendations to the Design Review Board if the proJect proceeded to that review level . ThePlanning Counission changed these reconmendations to condLtionsof approval . L2. Elglltlaart laldeoaplaE Laaludlag cvrrEr..!r, dealduouetrlca, ltrd lblnibr rbalt Dr provl6c6 on tbo hadscepctrrraora ov.r th. parllng rr.a, If rdilltl,oul ttruotural aupport rust b. added to-tbc tcrracog to rupport elgralflaant laadscaphg (aa doecrlbcd ln tbc previoue ccnteace), tbeapplloaat/our.r ghall De rcqulreil to rtrragtbel thrgtruoture of tbc turaor to allov tor tbr laadacapl,ng. 13. ACCltlonal landacaplng rba1I be provl.d€6 alorg tb. r.st elevatl,ou of thc parkiag atnroturs. I lk of dccl.duoua, .vorgroensr lnd sbrirDg gball bc provided of e al,ro adoquateto lcreea the rtnrcturr rs lucb as poral.blr. Ib€ lppllctrrtlr dlreated to uork ultb vall lsrocLateg on tbe landscaplngbuffar. 1{. all logdirg rreas gba1l havc addltlonal laadacaping and acraer fanclng. 15. l[ho rD€nalnentg to Specl,al Dev€lopnent Dlgtrl,at No. 7 srg approv€al coa6Ltl,onal upon PlaurlDg aDd EnvlrolD€lrttl Connl.ggl,on aad '!gyn couaoll glvlng approvrl to tbe underlylag so!. dletrlct roqueat. 16. fho ballast oa thc rrletlag bulldlng aball be changed to Datcb tb€ color of the nctgl roof of tbe propoged addltlon. In addition, the staff and PEC recommend that the Design Review Board address the followlng design issues if the proJect proceedsto DRB: - Pedestrian access should be provided fron the West Day Lot through the lowest level of the parking Etructure. - The entry staLr on the north elevation Ehould be decreased Ln width to allow more landscaping. - Ttre north elevation adJacent to the parking structurestair should have nore windows. Landscaping should be planted along the etairray and building. These conditions of approval. have been incorporated into the Special Development Dlstrict Ordinance. The reconmendations to the Deslgn Review Board will be passed onto the DRB by the Conmunlty Development Departnent. l,r t Jamee Franklin Laoont ffc'0 JUL 1 ?Sql Town of, Vail Town Council 75 South frontage RoadVailr Colorado 81657 JuIy 17, 1990 Dear Mayor Rose and Town Council Members! Subseguent to a guery from Kristan Pritz, Director of Cormunity Development, I have made the following review of the historical record concerning my recall of zoning lnatters aEsociated with the creation of Special Development District 7. Please be advised I have been retained by Action Vail rInc. Friends of Open Space to review and repoit uPon the pending zoning action concerning changes and modification to Special Development District 7. I. Summary: The zoning standards prescribed for Special Developnent District 7 are inconsistent and conflict with the requeste in the pending application. The changes permitted by the application are inconEistent and conflict with existing conditions on the site of Special Development District 7. 1. Allowing HDMF as the sole underlying zone districtr based upon the atleged lack of sufficient documentation' will cause the approval of timesharing as a conditional use to be technically defective in Special Develgpnent District 7. Iy b. There are adeguate reasons and acceptable practices to demongtrate the purpose and intent f,or the lack of boundary line location- for the zone districts that Pred.tedthe creition of any Special Development Di3trict. a. Section 18.{0.070 inrestricted through the review Dart states, "Unlees further 6e tne proposed special Town of Vail Town CouncilMarriott Mark Resort APplication July 17, 1990 Page Tvto development district, permittecl' conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in a Property's underlying zone distriet.n The reguest to allow timesharing, now prohibited, rould be a lessening not an additional restriction. b. Special Development District 7 was createC from two zone distrj.cts using the principle of ithe most restrj'ctive developnent standard" to determine GRFA and conflicting uses. Timesharing would not be permitted using the foregoing principle, since it is prohibited in Public Acconodations' one of the underlying zone districts. c. The creation of a Special Developrnent Dj.strict 7 removed all rights and privileges granted by preexisting zone districts. cl . The applicant has exercised benefits and privileges granted by the creation of Special Development District 7. Economic idvantages have been exercised and taken- 3. The Town Council may further restrict permittedr conditional and accessory uses in special developnent districts according to section 18.40.070; providing their actions cannot be construed to lirnitl replace or dininish the requirement, responsibilities, and specifications of special devetopment districts 2 through 21. The changing of the underlying zorle district to EDMF so that tinresharing will be allowecl as a conditional use will cause the aPproval to be technically defective. a. Allowing tirnesharing as a conditional use can be construed to 1init, replace or diminish the requirenents' responsibilitiesr and specifications of Special' DeveloSment District 7. b. Allowing tinesharing as a conditional use can be construed to limit, replace or dininish the requirenentsl responsibilities, and specifications for special developnent dislricts 2 through 21.. 4. Anrending Special Development District 7 to provided for increases in-GRFA and dwelling units, exceeds the li:nitations imposed upon Special Development District 7- Amending for purposes of increasing develop.rnent density specifiialty ior-Special Development District 7 will cause the approva-l to be-technically defective. Town of Vail Town CouncilMarriott Mark Resort ApplicationJuly 17, 1990 Page Three a. Granting density increases can be construed tolinit, replace or diminish the regui.rements,responsibilities, and specification of Special DevelopmentDistrict 7. 5. In section 18.40.140, "The Town Council finds thatsaid special development clistricts 2 through 2I shall remainin full force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the Town of Vail. Amendingto allow density increases or changing underlying zoning toallow timesharing as a conditional use will cause the approval to be technically defective. a. The amendment to allow density increases or change underlying zoning to allow timesharing will overturna binding agreement. II. Review of Historical Record: The following review of the historical record is based upon my previous employment with the Town of Vailr as theDirector of Conmunity Developnent, during the period of discussions which resulted in the authorization by the Town Council of Special Development District 7. Further, I have reviewed the Community Development Department records concerning subseguent activities associated with this zoning matter. 1. 1969 Oriqins of Zone Districts and DevelopmentStandards;- - In 1969 ' zone districts were established for all parcels of, land within the Town of Vail in conjunction with the adoption of the community's first zoning ordinance. Zonedistricts were applied to all newly subdivided or annexedland. An official zoning map waE prepared and adopted. AII parcels of land subdivided by Vail Associates INC. that comprise the LionsHead area were zoned under theprovisions of this ordinance, including the irarcels which are now incorporated in Special Developnent District 7. The zonedistrict ior each parcel was indicated on the official zoning maP. Town of Vail Town CouncilMarriott Mark Resort ApplicationJuly 17' 1990 Page Four 2. I9?3 Revision and Expansion of Zoninq Poners: In 1973r the original zoning ordinance and its ensuing amendments were repealed. A new zoning ordinance was adoptedthat combined the essential elements of the original zoning ordirrance with expanded powers of review as well as reviEionsto preexisting development standards. The preexisting zoning map was readopted with no changes in zone district boundaries. The 1973 zoning ordinance allowed for the first time the creation of Special Development Districts. A Special Development District could be imposed over a preexisting zone district. Further, a Special Developrnent District could be imposed upon newly annexed territory without having a standard zone district as its genesis. However, at the tine of annexation, development standards were inposed that were consistent with requirements found in comparable zone districts. 3. 1976 Special Development District 7: memorandurn dated December 9 ' L976 concerning Preliminar In 1976, Special Development District 7 was created from trdo separate zone districtsr Publiq Accommodation and ltigh Density Multiple Family. (See copy of rezoning Public Notice attachad. ) Lengthy consideration was given to the nost eguitable means of incorporating the conflicting development standards required by each zone district into a set of unifying development standards for the Special Development Dist;ica. Particul.ar emphasis was placed upon the calculation of density, number of units, and the interpretation of perrnitted, conditional, and accessory uses. As a resutt of this conflict' a principle was accePted which concluded that the development Etandards for Special Development District 7 would be detennined' unless otherwise providld for in the adoPting_ordinance, .by applying-the-most iestrictive development gtandard frorn either zone district to the entire Special Development District. By example' GRFA.calcu1ations were based-upon HDMF density standards; HDDIF GRFA multiple being. -60_as gPposed to PA r,rhiah is .80. Special Development District 7, allowable GRFA for a 5.17 acre site is 134,000 square feet. (See Assessment of the Mark Special Developnent District- ) Town of Vail Town CouncilMarriott l,lark Resort ApplicationJuly 17, 1990 Page Five The necessity to identify or apply the developnent standards of each zone district (HDMF or PA) to each seParatelot that composed the original site was not considered, at the time' a matter of importance. During public hearings associated with the creation of Special Development District7, it was sufficient that the determination had been nadethat the "most restrictive development standard" would aPPlY,in matters that required interpretation such as permitted, conditional, and accessory uses. For example, in the present circumstance, timesharing is allowed as a conditional use in the HDMF zone district butprohibited in PA therefore, due to the most restrictive useprinciple, timesharing could not be allowed as a conditional use in Special Development District 7. It was accepted that wi.th the application of the 'rmostrestrictive development standard" prenise there was no need to continue documentation of zone district boundaries. Conseguently, there was no need to retain official recordsthat illustiated preexisting zone district boundaries- All subseguent zoni.ng maps were amended to reflect the appropriate designation of each Special Development District ana any reference to the original zone district or districts were removed. It was deternnined that once a proPerty received and exercised advantages granted in a Special Development District, all rights and privileges of the original zone district were giien up. It was also resotved that specific linitation on density- and numbers of units would be imposed so that subsequent amendments could only be allowed for aesthetic and -functional considerations such as parking and circulation. 4. 1977 Resubdivision of Special Develooment District lJ - In early L977 a resubdivision of the Special DeveloPment District 7 wls completed. Lot 4,51 6,7, qnd 8,'Block I, VaiI LionsHead Thiid [iling were subdivided. (See public notice dated: December 17,-1975.) The purpose of the resubdivision was to created revised lot boundaries between land owned by VaiI Associates Inc. zoned for parking and -special deveiopment District 7 so that more efficient parking 16ts and struclures could be laid out for each development site. Town of VaiI Town CouncilMarriott Mark Resort ApplicationJuly 17, 1990 Page Six The boundaries of zone districts which predated thecreation of Special Development District 7 were not redrawnto conform with the new lot line boundaries. It eras determined that changing origJ-nal zone district boundarieswithin Special Development District 7 was not necessary. It was concluded that the original boundaries of the zonedistricts were dissolved with the creation of the Special Development District, 7. Once uniform zoning standards had been imposed over the entire Special Development District 7,lot lines could be noved hrithin the special developmentdistrict without consideration of preexisting zone district boundaries. The development standards from each zone district were incorporated, using the principle of the mostrestrictive development standard' into the development standards for Special Development District 7. Consequentlyr tbere hras no need to maintain zone district boundaries in order to determine the specific location of uses or the primacy of development standards. It should be noted that portions of the site identifiedin the pending application' as the location of additional tinesharing units, has an underlying zone district ofParking. These areas are the former location of the Vail Assocj.ates site zoned for Parking that existed prior to the 197? resubdivision of Block 1, Vail tionsHead Third Filing. 5. 1980-8I Timesharinq Related Ordinances: In-.mid-1980 the Town Counei 1 aPProved Ordinanee No- 26, . Series of 1980. This ordinance agProved timesharing as a conditional use in the HDMF. PA. CCI . and CCII zone districts. This ordinance was accom9anied by a serias of other ordinances which iurposed regulatory control over timesharing activities. within six months of approval the Town Council reversed it approval' repealed Ordinance No. 26, replaci.ng it with Ordinance No. 8, Series of 1981 which permitted tiuresharing only in the HDMF zone district. Such a-ignificant and rapid turnabout in Town Council attitudes i3 worthy of note The Town Council actecl to establish intent and regulate the inclusion of timesharing as a conditional use within anexisting project or building. According to Ordinance No. 36' Series of 1980' o Town of Vail Town CouncilMarriott Mark Resort Appl.icationJuly 17, 1990 Page Seven "7. ) Prior to the approval of a conditional use pennit for a Tirne-Share Estate, Fractional Fee or Time-Share license proposal r the applicant shall submit to the Town a list ofall owners of existing units within the project or building; and written statements from 100t of the owners of existingunits indicating their approval, without condition' of tbe proposed Tine-Share, !'ractional Fee or Tine-Share license." 5. 1984 Request forto Condominiun Units: In 1984 a request by the MK Corporation (Kaiser Uorcus) was made for the conversion of 67 acconmodation units and 27 dwelling units to condominium units. The CDD staff recommended that owner occupancy would be restricted to two weeks in the surnmer and two weeks in the winter. The proposal was tabled by the PEC at the request of the applicant. Conversion from Acconmodation Units 7. 1985 Requestto Timeshaiinq Units: A request by the MK CorPoration (Kaiser Morcus) in 1985 sought to converl fZf rooms (27 existing kitchens) to a tine sharing use. The Community Development Department recommended denial. The PEC, after lengthy debater tabled the application at the request of the applicant. (See CDD Staff Memorandurn Dated April 22, L985; PEC Minutes llay 28r r985. ) Four of the same people who served on the PEC which drafted the 1985 Land 0se-P1an, (adopted November 18' 1986) rejected the Marriott Mark Resort application (May 28, 1985) to convert accomnodation units to tinesharing units. The Comnunity Development Department recomrnended against an amendnenl to the conditional use section of Special Developrnent District 7 (llarriott Mark Hoter) to add tine sharing on a fractional fee ownership basis. As quoted from staff memorandun to the PEC and Town council date April 22,. 1985, "AIlowing this conversion would be ?-precedent setting decision towa;d a general direction of e.i!@-of -the short term hotel bed base in the Town of Vaill Renoval of EFomfr6?ETi6-uiG, esPecially from an organization such as the Marriott can only be viewed as a significant negative impact, upon the Town of Vail." for Conversion front Accorunodation Units ) Town of Vail Town CouncilMarriott Mark Resort ApplicationJuly 17, 1990 Page Eight '!gg!&..effect upon sroup business. It is noted inthe a![iG'E'ffi6rEEi-um-ffi app;oxlmately a one year leadtine will be reguired to inclucle an individual week into theMarriott rental poo1. It is unlikely that an owner will have made the decision of whether or not he will utilize the unithimself one year in advance. This could result in the unit being vacant for that week because the owner decided within ashorter tine frame not to use the unit and the Marriott was subsequently unable to rent it. The inpact upon theMarriott's ability to conduct the larger group business meetings would be very negative with this uncertainty overunit availability." 8. 1986 Land Use Plan: The 1985 Land Use Plan is an policy advisory document and does not circumvent zoning and other regulatory documents. It was prepared with the assistance of an advisory task force working in conjunction with the Town ofVail staff and PEC. The planning document set forth goals and objectives to used as a general policy guidelines to evaluate the merits of proposed development. The framers of the 1985 Land Use PIan took precautionary steps to clearly distinguish between quality tirne shareprojects as being appropriate for residential development rather than commercial . This perspective mj-rrors the l98l decision of the Town Council to linit tinesharing to HDMF zone districts. It is apparent from the goals statements for Vail Village/LionsHead and Comnercial r the retention and development of hotel tooms and facilities is of paranount inportance. The following are Goal Statements extracted from the 1986 Land Use PIan which have relevance to the application pending before the Town Council: 1. General Growth,/DeveloPment 1.2 Vail should acconunodate most of the additional groerth in existing developed areas (infill areas). 2. Skier,/Tourist Concerns 2.1 The community should ernphasize its role as a destination resort while accomrnodating day visitors. o Town of VaiI Town CouncilItarriott Mark ResortJuly 17, 1990 Page Nine Application 3. Commercial 3.I The hotel beci base should be preserved and used more efficiently. 3.2 Tlte Village and LionsHead areas are the bestlocation for hotels to serve the future needs of the destination skiers. 3.'3 Hotel.s are irnportant to the continued success of the Tovrn of Vail, therefore conversion to condominiums should be discouraged. 3.4 Cornrnercial growth should be concentrated in exist.ing commercial. areas to accomnodate both 1oca1 andvisitor needs. 4 . Vi I lage Core,/LionsHead 4.2 Increased density in the core areas is acceptable so long as the existing character of each area is preserved through implementation of the Urban Design Guide PIan and the Vail Village tilaster PIan. 9. 1988 underlvinq Zoninq: A more recent approach for the determination of acceptable uses in Special Development Districts was amended to the zoning ordinance in 1988. The amendment provides a more specific Auide to all Special Development Districts concerning the determination of acceptable uses. The amendment in part states, nUnless further restricted through the review of the proposed special development district, pernitted, conditional and accessory uses shall be lirnitecl to those pernitted, conditional and accessory uses in a property's underlying zone district." It is inPortant to note that the amendment providles specific direction for determination of uses. to development d-istricts which are or. have been created fron only one zone district. The 1988 SDD anendnent, does not resolve the issue of determining nprimacy of uses" when'two or more zone districts are-meige inlo one Special Development District. Further, the existing amendment, as quoted above, only provides for a greater restriction or limitation upon uses Lhan is otherwite provided for in the originating underlying zone district. o Town of Vail Town CouncilMarriott Mark Resort ApplicationJuly 17, 1990 Page Ten Any changes in the underlying zone districts does notaffect prior decision made for Special Developnent Districts2 through 21. According to section 18.40.140, Existing Special Development Districts, "Nothing in this chapter shall be construed to limit,replace, or diminish the requirements, responsibilities, andspecifications of special deve).opnent districts 2 through 21. The Town council specifically finds that said special development districts 2 through 21 shall remain in full force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon theapplicants thereof and the Town of Vail." According to this section attempts to changer the underlying zone district of a preexisting SDD or append amendments because changes have occurred in tlte underlying zone districts since the passage of the Special DevelopmentDistrict 7, would not be acceptable. when a special development district is created, because of the benefits andprivileges granted and exercised, aII rights and privileges conferred by the original zone district are given up. In the foregoing citation, a distinctive class of Special Development Districts has been created. Amendment, be it' for additional uses or GRFA and unit increases' in any one of the Special Development District 2-21 would confer the same or similar privileges to all. III. Policy Considerations: 1. 1990 Designatinq An Underlvinq Zone District! The proposal to change or alter an underlying zone district for a Special Development District has no merit orpurpose. No unique or unknown circumstance has been demonstrated that any of the privileges and benefit already conferred and exercised have been denied the applicant. The changing of the underlying zone district would grant a special privilege that can be shown to be inconsistent withprior approvals and intention of the Town of Vail. Section 18.40.140 provides that unigue linitations have been inposed upon changes to Special Development District 2- 2I . The alteration of these linitation for one special development district would be applicable to the regulation of Special Development Distric|- 2'21 . Town of VaiL Town CouncilMarriott Mark Resort ApplicationJuly 17, 1990 Page Eleven 2. Burden of Proof: It has been represented that the Town of Vail cannotproduce documentary evidence of the preexisting zone districtdesignation for the specific parcels of land which areincluded in Special Development District 7. Archivereguirements by the State of Colorado provide for thepreservation of official documents such as amendments to theofficial zoning map by a municipal government. (See CDD Staffto PEC memoranda Dated January 8, 1990 and April 23, 1990.) Administrative procedures and legal remedies areavaj-labIe for the authentication and location of the original zone districts for each parcel incorporated into Special Developrnent District 7. liowever, failure to determine thespecific location of a zone district does not conflict t{itha Iimitation of the most restrictive use being allowed when two different zone districts (HDMF and PA) exist lrithin aspecial development district. The burden of proof is upon the proponent to prove theirposition. The lack of evidence proves nothing. 3. llaster Planning Documents: Presently' urban design and master planning docunents has not been prepared to the same level of detail that is required for review and consideration of development in the Golden Peak neighborhood and Vail. Village. Given the scope and significance of the pendj.ng application, the same levelof urban design and master plannj.ng documentation should be available before the application can be adequately considered. 4. Tinesharinq: A majority of quality time share units that occur at present are used as short term residential vacation housing. Occupancy rates have continue at a flat rate of growth during the low occupancy seasons during the last several economic cycles. Low Occupanclt seasons are common to all resort community economies. The rate of foreclosures issignificant. (See copy of public notices from Avon Beaver Creek Tines. ) o Town of VaiI Town CouncilMarriott Mark Resort Application July 17, 1990 Page Twelve The sales tax base will be eroded because, unlike hotels and condominium hotelsr timesharing hotelg do not collect sales tax from the use of short term aecotnrnodation rooms. In recent years, the relinquishment of accornmodation and dwelling units from the condominium hotel short term rentalpool has been significant. It has been stated during the first publie hearing on the pending application' by an authority on local hotel/timesharing development' that the conversion of an existing hotel to timesharing' to save it from economic collapse, has not been shown to be a Proven remedy to sustain an economic turnabout of a hotel Property. 5. Grant of Special Privileqe: The benefits that created Special Developnent District 7 were achieved through combining the preferential advantages from thro underlying zone districts (PA and HDMF). The attempt to remove one of the underlying zone district in order to overcome the linitations uPon use within the Special Development District is gain by special privilege. Economic advantages have already been exercised and taken under both underlying zone districts. It would be inappropriate to allow a windfall gain to occur, through the arnendment process, unless substantial,financial restitution were made for the econonic aains conferred by the original underlying zone districts. The applicant has already exercised all benefits and privileges granted by the creation of Special Development District 7. The approval of HDMF as an underlying zone di.strict seeks to gain a grant of special privilege that would more than likely be denied to Speeial Development Districts 2-21 according to the provisions of section t8 .40. I40. 6. Residential Ls Connercial Uses The benefits and.privileges conferred and exercised in Special Development District 7, allowed the property to becone overwhelmingly dominated by commercial uses. It would be impossible to consider the existing development as predominant,ly residential in nature. The ltarriott t{ark can no longer be considered residential. o Town of VaiI Town CouncilMarriott Mark Resort ApplicationJuIy 17, 1990 Page Thirteen It can be dernonstrated from the historical record,existing ordinances, and master planning guidelines that the Town of Vail intends and defines timesharing as a residentialuse' to be located within buildings and projects that are composed in there entirety of time share units, located inHigh Density Multiple farnily zones and do not contain commercial use activities. It should not be an acceptable practice to allow a development to derive benefits by claiming commercial status,then when all benefit have been extracted, lecant and ignore these privileges in order to gain benefits reselved forresidential development. 7 . Ernpl ovee ilous inq : There is no existing employee housing in the Special Development District 7. It is questionable that guality employee housing units can be located in such close proxinityto high intensity commercial uses. IV. Conclusion: The l,larriott Mark proposal is defective because it failsto meet the conditions of long established criteria and standards imposed by the Town of Vail over limitation imposed upon density increases and the location and definition of timesharing as a residential use. It is evident from the foregoing review of events andofficial records that the Town of Vail has' over the years, exercise consistent and diliggnt concern over the creation and amendment of Special Development Districts. Sincerely,l )e;;;$\LJa^es F. Llamor{I'U o PUBLIC NOTICE t{0TIcE Is HEREBY GIVEN THAT Ka'lser lrlorcus, representing the Mark, has requested rezoning of Lots 4 and 7, and a portion of Lqts 5 and 6, Block 2' Vai'l Llonshead Third Filing frorn Publlc Acconnodatlons and Hlgh Density tlultiple Family to Speclal Developnent Dlstrict to allow development of the site In a morre lnnovatlve nanner. Appllcatlon has been filed pursuant to Section 2l.5OO of the Zonlng 0rdlnance, 0rdinance No. g, Series of 1913. Public Hearings rere held on December 9, lG and 23, 1916 before the Town of vail Planning comnission ln accord with Section 21.400 of the Zonlng Ordinance. Planning conmission reconnendations have been for.warded to the Town council rho wil'l make a final decision oh January lg, 1977 at 7:30 pll in the Vail Municipal Building. TOI.JN OF VAIL DEPARTMEMI OF COI'IMUNITY DEVELOPME}T )uroJ/*/J/ Diana 5. Tougliill / Zoning Administrator Published in the Vai'l Trail December 24, 1976 r ='Fi. rt ef) ':-t \ .sc+.\ 'nL .{\+ F .J \$S o iRg\ iiiiIiiii|Iiiiifiigff|t-fit.!i;Ertti:li-' t trig;!!-rFt:l:!-EEE * t -____16g_lv.r._t j. g I---r:I^l.aJ--atIt siEis5iiiifflsils L ot, -tiJoE oI -.A =B I if iiEiE!:E I-l :!i i:\h ry$ iiii;ii:li isl;i 1Wo l, Ji3giiiiifuiigg:- E? i *E, Ea]4EEii!:IEE ;iiiaqiI '; g qJ ;-l atr I H rdl ar, I\=l ,HIt,llqrl '-aJxl :lcrl'a EI Eq #Exo 5I Eli 6 ti = alI, o a r'iEl.t0MHDUl4 T0: PLAlli'lIlfG C0i';.1lSSI0N FR0l4: DEPARTI'IENT OF COI','.iUitITy DEVELOptiEr,lT RE: PRELII.iIIIARY ASSESSI.IEI{T 0F THE MRK SPECIAL OATE: December 9, '1975 DEVELOPIIEi{T DISTRICT I.JITH CURREI{T ZOIIING uu I L5 rroposed uni ts PROPOSAL A'l 'l or.;a bl e coiiPARIsofl 0F Site Area '. l:' Lot 4 61,852 sq. ft. '-oo Lot 5 123,56? sq. ft. ' si Lot 7 40,040 sq. ft. 225,454 sq. ft. i':. Less existing bldg. I':ARK SPECIAL DEVELOPIiEXT DISTRICT Al lor.;able GRFA proposed GRFA 37 ,111.2 74,137 .2 Site considered as a vho.le 40,276.75 I 03 ,003. 65 94,000 max.129 - 2s8 d''re'l l ing units converts to 258 - 5]6 accom- modation units (74 acc. unitsLess existing units Less Existing B'ldg. Less existing meetlng room 14 drvelling units) Proposed Comnercial -4]50E.-01-sco and corunerc i a I i*t8t,ol'lf';:,ffetins room A] I or.rabl e Cormercial 4,850.00jjV'4Tfq Addi tiona't sq.ft. al lowable The Town of Vail Eenerally feels that the project is in line with the proposed growth managenent plan in that it is located in a high density area, is directJy adjacent to pedestrian areas' transportat;on, and provides a conmunity benefit (convention center) rt privatl expense. hle do not feel that we have had sufficient time to review the proposal since it is a very involved one as the Environrirental impact report was sub- nitted on'ly today. h'e would recorimend a conceptual approval and suggest thai the 21 0 accoir.roda- tion units 20 suites (0U) {-a anyfonnalrctionbewithhelduntilsuchtimeasthestaffandthePlanningCmfss|on havehadanoPPortunltytorevlarboththereviseddrawingsandtheenvironcntntl|mpact rePort.l{edonotfeelttlsfairtocithertheTownortheapplicanttob.scr decislongnlnformat|onthatwehavenothadtheopportunitytorevlew. AconpleterclnrtrrtllbepreparedpriortotbeDecenber16Plann|ngCm. nlssionneetingwhichwillgivestaffrecomilendationsandreviewoftheEnv|ronrnntal inpact rePort. Three i.l -ag1-i39-C-01 g13l-s r on Corm!!! : : 8#:'i++:'l:.:!::Jlli,: li:,.!ii, :ii'l;ril oH.::!.:1",3'l3il"t.o'ffi li:""' fi;";;iy-;.uiiop',int'i;*.::r:l,u:t;:ij:.1{:.:!i: *i io"nn'e-famirv due'ir"s on the open area. n EdDraqerhadproble;nswjththeProjectbecauseofthevisabilityofit. F'e-v6-le-r*-as ll0 Sandv I'iil'ls voted ltO because of the visability of the project' Dudley Abbott voted 1i0 because of the environr'rental impact on the hillside carrv llhite voted liO because of the e.nvironmenta'l and visual imPact the iffirdhaveJn"ii!-'iri.v..'-rrei.jttt'.tthisProjectrouldbeailiiititt to the valleY' Bi l'l Hanl on voted N0 PamGartonvotedN0becauseoftheenvironmenta.|andvjsua.limpactandshe malroSiZns with.r',!=i.i.!tirv-luti e iiiti ind hou it unu'ld be revesetated' As reques ted by . the a pp] 'i cant, a .Ci*iition unanimouslY fe'lt that ii. viit va'lleY & connunitY' orel iminarY vote'the Proiect vras r.la s not taken. The Planning a desirab'l e one for TH Jim Lamont gave a s-Ynmary ol !lt" discussion he'ld Attached are some t'tgu"!"t of ttte proposed proiect Di ana Toughill. After a 'l engthy discussion between.the Deve't oper' Kaiser l"orcus' Pl annin9 corrnj ssion"ii';;t-;;;iJta uv. the P]inning conrnission to decision on this ,..a.i "iiii-.9ii-we'ek_when they rould.have had ii.ii;;r;'nti"aisest all the inrormation' at last week's meeting. that were PrePared bY and the tab'le f i na] mre time Wo PUBLIC IIOTICE NOTICE IS HEREBY GMt{ THAT }lr. Kalser ilorcus has applled for a resubdiv'lsion of Lots 4, 5, 5, 7, and 8, Block I, Vall Llonshead Thlrd Fillng. Applicatlon has been nade pursuant to Article III, Sect{on 3' Tolrn of Vail SuMivlslon Regulations. A Publlc hearlng will be held before the Tom of Vall Plannlng Comnission pursuant to the Subdivision Regulations on January 6, 1977 at 3:00 p.m. ln the Vail Hunicipal Bullding. ToHlt 0F VAIL DEPAffiMEI{I OF COMMUTIITY DEVELOPI'IEIIT Zoning Administrator Published in the Vail Trail Oecenber 17,1976 oo F.*ffiq*i g\ .ltta asliE 3Ei5<llarr3l !el i?l i-71JIslrl EI !o a tC4 '3E 1t E o l, o C I! E oE .g ! o ao3a3'z a iiiiFfi;ffi!i zo l- C) -l DE.; &! 'Q aa^ u EE = E',F 11OOtnt H3 liELr-€ iol f_q AGE-.t€!!EO;E€t!rarz 0 .o 3 € tI B!.|C .E--? ai,rJ.1::;:l:r'"::: ilAMRAilDUM T0: Planning Corun{ssion FRO,I: DePartrnent of Comnunity Development DATE: JanuarY 6, 1977 RE: Resubdiv'lsion of Lots-4' .5' 6' 7 ' 5' Block I 'iiit t-lonsiread Third Filing' The aPPlicant, Kiaser l'torcus' is requesting a resubdlvislon of L0ts4,5,6,7,&S,Blockl,VailLionsheadThirdFiling.Thisparcelof propertypresent]yconsistsofaportionoftheMarkPropertyandVai'lAssoc.iates North DaY Skier Lot. The applicant wou'ld like to trade parcels of property with Vail Assocjates in orcer to move the present parking lot further Y{est so that his newproposedprojectwou]dfitbetterwithinthesite.l'|iththetrade'20 additional parking spaces would be added, but the square footage of the new lot would remarn the same as the old but having a different configuratlon. The Department of connunjty Development foresees no ditticulties with the proposed resubdivision and recomnends approval of the request' ( \ 'r )'' T0: Planning and Environmental Comnission and Town Council FR0M: Cornunity Development Department DATE: April 22, 1985 SUBJECI: Raquest for an amendment to the conditional use section ofSpecial Development Distrtct 7 ([,tarriott ilark Hotel ) to aaOtime sharing.ol a fractionalized fee ownership basii. Appl icant: Kaiser l,lorcus I. THE REQUEST ti 4u lo L, i 1 ^rhn u^ ih - 27 i<'ic hc,s, 11 a/o (f*n -, i-,'*n-.) Easically, the request is to convert Phase III of the Marriott ilark Hote'lfrom l2l rooms (2^7 existing kitchens) to a time sharlng use. fni lerminotogv 'fractiona'lized. fee ownership) refers.to the proposal 6t setllng five-week ' packages to each owner, thus representing ten owhers per unit. 'Although quite lengthy'.we've enclosed Jay Peterson's menorandirn describing the proposalin detail and discussing its merits. A thorough understanding of-the-riquistcan be obtained by reading Jay,s memorandum. II. BACKGROUND A. Previous Approval 0n April 20' l98l the PEC held a public hearing on the request for approvalsfor Phase II addition_(referred to as Phase IIi in the apilicant's aoirrenti)along with.a nunber of amendnents to the Special Developirlnt Districtto accommodate revisions to this project. 'l'le've enclosbd the staff memorandun and the minutes from that April 20, lggl meeting for yourreference. l,le've also highlighted seviral arias within thE merno-randum and minutes whlch are applicable to the request now before the pEC. The fol'lowing are. aspects of the previous dpproval which are important'to- keep in nind when considering the cur.rent'request to arnend a'nunberof characteristics and elements of that previoui appr^oval: o Addltional density in tems of more kitchens in the rooms wasgranted to the,applicant upon the argurent that more hospitality rooms were needed to support the conventlon facility (sei minutis). o The appllcant represented as part of the proposal that there would be 320 hotel room keys available to the lrlirrlott as the nanagenentflrn for a perlod of 25 years. This lras represented so that-the concern over additional kltchens wlth regard to future condornlnlum-lzation was-not I pro!!en. t{e have been lnforned by the appllcant's'representative that this agreenent between l,lorcus aird the ilarriott has already been amended. ' Tl:!^" were.nany concessions made to the applicant in the lggl approvalwith regard to extra fireplaces in acconrnbiation uniti,-reducttbir -. -' \-, tt 4/22/8s of amenities t{hich were a part of the master deve'lopment plan, allowing parking to be provided as agreed upon in 1977 with theoriginal approval of the develop,ment plan and the relocation of undergound parking from underneath the convention facility to an above-ground structure west of the Phase III building. Time Sharins in Vai'l Attached please find Appendix B of our most recent Development Statistics report regarding existing and potentia'l build-out of all timeshareprojects in Vail. The table represents a substantia'l a,nount of timeshare use in Vail. Upon build-out of all multi-family dwelling units in the Town of Vail, timeshare will represent approximately 8% of all these units. The nunber of owners (21,750) is very s'ignificant in relationship to the total number of units in the fina'l bui'ld-out scenarioof the entire Town, being 8,895 units (slngle fami'ly, duplex, accormodation and mu'lti-family). The timeshare industry has fo'llowed the rest of the real estate industry in the last several years. There has been a substantial slowdown 'i n development of timeshare units and some major problems within the industry. In the peak of the nationa'l recession many timeshare owners simply ignored their mortgages and/or weekly maintenance fees for their units and this resulted in a high 'level of foreclosures for many projects. Furthermore, the timeshare industry has been unab'le to geE a handle on the tacky and shoddy marketing practices which have plagued this tyPe of development since its inception. Little to no regulation over these market'ing practices by either state real estate corrnissions or municipalities has occurred and the problerns continue. These Poor marketing pract'ices project a negat'ive image upon the entire comnunity in which these projects are 'located. Economic Imoact Upon the Town The following excerpt is from the recently released rePort of the Economic Development Comisslon of the Town of Vail. t{e feel that these coments are appropriate to this application and should be a serious consideration ln the PEC's decision on this proposal: "@ Time Sharinq. Discourage conversion of hotel-type units to timeshare omership. Although the real estate transfer tax generates nore revenue than the sales tax on hotel room revenues, within three or four years the tax on room occupancy will exceed the one-time real estate transfer tax. However, conversion of condominiuns to tlmeshare ownershlp has the potentia'l of lncreasing utilization of the units-- and higher utl'l ization means more visitor spending' more iobs' nore tax revenues' In'new time share projects, units without kitchens shou'ld be encouraged. -tz J?zL-a/'.r4_ zzt*--). L-,*to, Jf 274 /t/.d /*"t' /-Z/-). / d ./ rri o v B. ( c." (_ Our' .tt -3- 4lzzrls "A contlnuing concern regarding tlme sharing, however, is the long-I term-management comnitment after the sales program is substantiailyt complete. Approximately 40 percent of the broject's sales revenuesare connitted to sales conmissions and/or one-time pronotions. 0ften,the developer-ls completely out of the plcturei and'typica'lly too many of the time share owners have relatively little ll stati to make a strong comitment during some type of economic setback.,, III. .II,IPACTS OF THE PROPOSAL Fol'lowing are_pros and cons of the proposa'l as evaluated against the existingsituatlon of 12l acconmodation units run as a part of the 6verall hotel and containing 27 kitchenettes within some of the units. A. PRO o Increase off-season occupancy. Generally, time sharing has higheryear round occupancy than hote'ls because the owner feels an obliga-.tion to utilize or rent the weeks that he owns. " ??"t of_the proposal is to put cap'ital into improving the phase III bui1din9. { Retaining the Marriott as the management firm would increase the compatibility of the time shared portion yersus the accorurodationunit portion of the complex. Be aware, however, that these management agreements obviously are changed without Town of Vail knowledgeor control . The five-week package reduces the number of potential orners to 460 within Phase III, whereas, it could have been five times that amount by sel'ling individual weeks to individual purchasers. The l,larriott tlark facility contains sufficient ameniiles and isin a good locatlon for the time sharing use. B. CON o Allowing_this conversion would be a precedent settfng declslon toward a general dlrectlon of dilution of the shor! term hoiel bed baseln-the Town of Yail. Rem-6TaT-6ffiomnodation units, espetiETlifrrm an organizatlon such as the ilarriott:-ban only be vlaned as-a significant negative impact upon the Town of Vail. High quallty accorrmdatlon units in good locations (within the villasi and Llonshead areas) supported by maJor conference fdcilities are a lind use thatthis cornnunity cannot afford to be reduced. ( ( r. O r4ark -4- 4/zz/ss Neoativq effFct upon qr:ouo business. tt is noted in the applicant's ITgI110y1 that approximatery a one year lead time will be'i-equiredto include an lndividual week into the Marriott rental pool . 'It ls unlikely that an owner will have made the deciiion oF-wrrittrer0r not he will utilize the unit himself oneyear tn aavanii. Thiscould result in the unit being vacant for thit week ueciusi ttreowner decided within a shortei tine frane not to use the unit andthe l.larriott was subsequently.unable to rent it. The impict uponthe-Marriott's abil ity'to co-nduct the larger group uusiniis -me!tings tou'ld be very negativiwith this uncertainiy oier unit availauiiity. { uffi sha i ts. ous ly , Ene town conEalns seven share projectsrepresenting 435 total units upon bui'ld-out. l,tithout aof statistica'l data we, neverthe'less. feel that in consof statistiia'l data we, neve n build-out. l,tithout a great deal'less, feel that in considerinq\,r -eerLr-r,tLCrr qcLc wE, neverlne te55, Teel InaE ln constoerlngthe time share industry's current probl$s that we may, indeei,have enough of this type of land u!e. fgqitiy,e jTpagts of marketijq proqran. The intention or- the proposal'ts ro "seil" the guests 0f the hotel the tine share weeks as well as bringing people to the site from throughout the front range and the country for short tenn visits. l.le feel thai these may be negative marketing influences upon Vail rather than positive ones with the knowledge of the poor track record of time share sales people and genera'l marketing practices. 1n marketinq dol'lars for the hotel. The application fully ong term de@'lars for the hotel t0 the reduction of the nunber of accormodation units. vio'l four r o]d a ion unit rl ctlon apP I l Can reques our years 490 assurance that these units would renain units of the these as was and be managed by the flarriott and would be an conference faci'lities. The approval was given proposals and we feel strongTy that they shou'ld promi sed. l{eoative economic imoact of the Town of Vai]. The EDC points out accormodation unit rentals as opposed to the short term real estate transfer tax gains. Conversion to time sharing of Phase III of the l,larriott is a very negative economic impact upon the Town and a poor use of tax payers' dol I ars. l{eqative parkinq lmpacts. Especjal]y durlng the marketing stagesffine impacts 6f parting on the siti wili be treilendous with the large numbers of potentia'l purchasers driving to the site for sales pitches. Moreover, time sharing requlres more parking as'a use than accommodation units because front range purchasers will choose to drive to the site, and studies show that accommodation inte$ral part based on be respected t Decrease Ednits a in regard (at least two parking spaces per unit are needed. Trend in vail of condominium conversion of agqomrngdation units. appncatlons to convertexisting accommodation units to condominiuin!. Although, our regulationsstipulate owners' use restr.lctions to two weeks wintei ind-two weeks sumer, overal'l , the wholeSale conversion of AU's tO Condominlumshas a. negative_effect upol overal! room availability in the comnunity. One thing.the Town of vail can i'll afford to lose ii ttre Jvaitauitityof our lodge rooms to the public ln general in a flexible arrangemeni. NFoative qffqct upon restaurant business. The conversion to time share condominiuns of Phase III will reduce restaurant businessand have a negative effect upon the sales tax due to the increased number of nea'ls to be eaten in the condominiums with kitchens. iV. RECOMMENDATION The Community Development Department feels strongly that that this app'lication shou'ld be denied. We feel that although time sharing general'ly increases occupancy on a year round basis tnat-tlg ?e!a!jvgs,far guty l{e also feel tha one for the Tgwn=and share conmitment. l{e feel strongly that.the_appl'icant should rispect the pronises in that many concessions were made to allow additional kitcTens and for other aspects arriott-5- 4/22/85 of the Phase III approval. Furthennore, the time sharinq industry's inabilit nce The potential neoative_impacts upg! the l,larfJott'! abj'l itv to conduct grouo buslness is a very real one as wel'l as the loss of sales tax from reduced - restaurant revenues. In general , re feel that the l.larriott t{ark hotel ls -a positive contributor to the Town of Vail in its existing configuration and operating procedures and we feel that the conversion to iirne sharingof a major portion of this hotel is not ln the best lnterests of the Townin either a short or long tern outlet. .l i ItLt"' 4f,(!/ ,u r (i', / (ortv W J>. V,L =o. .= =( -l E P \. ><l < J -i = Jel c/, ='lPl gJ '.tr = v<l F 1.\rutf N( ( hts l$ l$ s $ ft l{ o I I i I I I I I I I I IU' lrJz, c.l IeirnlF\I /.1*l LL I I I I I ,,P tfz $$ \ s $rR $ GIt @ ot^|r\rO(.o Ctl o ln o r-i ctr(Y)o O o o l-rlt o GIrf\ (o(o I t (^o(o or o co F' u, -=tn rra.\ = = =o =o u., LlJ o,- =oq, zo F(-) A./,a= == -IJ Eoo V, lll = lr,lo.6 tl.lFlrl =o(-) lrt lrl gtoL) l!, lrJ q =oL' l-rJ uJ =o(J tro lJ L aeo >c a o Joo- cal qt )z l4Jlrj qJ E-' =a C/' U' q,o6 =o lrj (/, =lrj v, ==t! t! oo- Lrl(9 lrl(9 CI, J FoF lclc- cJ) trr ==o oln 15 =s C",(/, EI o Lottgt tot grt !, t€ oo!,t IJc .t PRESENT Dlana Donovan Duane Piper Howard Rapson Sid Schultz .llm Viel e ABSEiilT Eric Affe]dt Jere [.lalters Planning and Environmental Connission May 28, 1985 STAFF PRESENT Peter Patten Rlck Pylman Kristan Pritz Tom Braun Betsy Rosolack The meeting was called to order by Duane Piper, chairman, at 3:10 prn. 1. _^Apgroya] ..gf.m'inutes of meetinq of Mav 13. Donovan moved to approve m1 nutes,SeCO r. !:fl-!llt!_,gly9 a brief history of the SDD statins that it was orisinally ff';l3fi!.ll' iffii:'il,T:f i5nlllil;':1, l!:'.H0il13.'?il ::,lli.lio' ;:.;.,, showed a site plan of the SDO. -He exilained that traciionat tees routa iimittne nunber of owners of each unit to 10, each owner uould have five weeksof time, 2 weeks winter, Z weeks summer, and I gff-season. 46 units wouidbe involved, 27 with kitchens, and the dthers wittr micro-wave ovens. Patten went on to explain that in 1981 the sDD was amended and addifional!:fiP gf?n!99 in tirms of more kitchens in the t"ooms ufon the argunent thatryT qspjtality roorfls were needed to support the convention facllity. Aspart.of.the proposal, there vrere-to be 320 hotel room keys available-to theilarrlott as the nanagEnent flrm fo1 a period of 25 yearS. This was representedso that the concern over additional kitchens with rigard to ruiuri-cilA;i;i';;zation !.ould.not be a problen. Patten stated that the Town'has iince Uein-fii;ili"' EnaE.tne agreenent between l'lorcus Kaiser and the lrlarriott had already beenanended. There were also concessions made to the appllcant ln l98l wtitr-reqaroto txtra fireplaces ln accolnnodation units, reducti6ir of amenitiei (inioor-'-'- tennis courts), and parking concessions. Patten referred to an Appendix I regarding existing and potential bulld-out of all timeshare projects in Vail, pointing oul that'timeshare rili represent 2.Develo Marrlott I'lark) in onal use in Pha PEc -2- O* l:t!.l.then listed pros and cons rhich were in the memo,tnat this nas a precedent setting decision and denial wis 8l of all multi-family units, and the number of owners would be Zl,lSO. pattena'lso pointed out that- there has uein-a suostantiat itowoown-in-alv6ioirieni-Ji-itmesna"eunlts and there have_U!:! :.high level of foreclosures ior many projelti,-.ions"'with-shoddv marketing practice;. Ttri mirteiing prJciicei'rrire-rrio iiiii6 ti'ii8regu'lation by either state real estate conmissiois or iuniiipalities, and the imageproJected upon comunities with these marketing fiaiti;;s i;'a negative one. closing with the statement recormended by staff. Jay Petersollr F€PrBS€nling the applicant, stated that the Town of vail was goingthrough, a transition with regard'lo hoteis. -i;ie;;;; Jfitio that phases i ina 'II of the Marriott are condoiinlunizta and Phase III could atio-ue ioniiminiumizeowhich would not be good for the Torn-of vail. FeiiisJn-tirt lrai-rong-il61;;iio-minlr.rnizatJon was not the best solution. -nii wir"enl-rianiger or the titarriottstated that the l{arriott name t,as lmportant ind the marteting woula noi ue---shoddvr-Peterson felt that the land iianiiir-Ii*-"*oriir''nJi ue traoec for sa'testax dollars because.the people buying these fractiona'l tli- tnterests would notbe usi.ng their kitchens very much. Further, he said ttrai-sinii-gri iojgirg ;iialready-paid for, these perions wou]d-bi ip6nOing-ro.e"rjney in Town. He addedthat a]l amenities of thi hotel wou'ld iemain intact and the hotet could sti'll caterto groups of 50 to 100 people. Ray lJarren pointed out that in l9g4 24 groups had 200 rooms per nite, and thatthe l4arriott could use other lodges for-ovei-flo* grtsts.-'Feterson stated thatthe Marriott cou'ld not go on und6r the present conditions and a solution niejioto be found. Schultz t{as concerned that the rentals wou]d be taken off of the market duringpeak tirnes. Peterson replied that there h,ere many vacancies except during itritstmasweek and that the condos would be full durint peiioai-nrliitr-wou'ta'otnJmiie-6e'-s.'low. I'larren stated that he was-on-the-vnn Soiia'io-siuii"occupancy rates andlfat in .January-the occupancy rate was zor, in-rioiia"v-i2t- and'thai ilreie weremany r00ms available at all levels. Donovin did not sie itre otrrliinit-oitiieicondos and time share. patten pointed out-i aiireriniJ bi"6pinio; ;iih ;ilil" l9 Pltase III being changed to c6ndominiumi,-ana'siaiiJ-ttrat-i,trase itt-louii-notDe cnanged to tlme share without restrictions. Peterson answered that phase iiicould go through a condo conversion ana- ttrt-oweriing-uniii-couia jisj iri"i-ri.i-lll f.:rltttg.il.two units each, or 54 rooms withoul restriiiions. -iney *orii^also-put restrictlons on Phases I and II so that the TOV would have protlctionfor 229 rooms. Donovan felt that thls was a bail-out for the owners, and that the TOV would nothave nuch control over the new owners. Peterson answered that ustng friiiionii-fees ln Phase III would get.the cost of the remaining-fictiitv oown-so irrii-iio"cu,could still rslain. .Rapion's-major concern was of tfre mirteting prograrn i;d i;iithat the.qudllty of the'.overall-ixperlence would ue aituiiil iitlri6nltiteo'irritthere had been a study done to look at the all availabti units in-ttre Toi-;;a ihisstudy was available for anyone to read it. Ulele wondered if there,vrere any.studies showing the economic impact of time shareand he mndered how much the restaurants would le impiiieo.'.'tto 6ne knew of-a-iiuJy, but Peterson stated that dlspite the fact that the t'tarriott had 27 kitchens, agreat deal of revenue for the Town was realized by the ociupants of these units.Rav lJarren stated that the kitchens were mainry uieo ior-inliij-tr,e ili;;;ii--by the charts used by the.cleaning petrgls). .Vieti ras'uiso concerned about thenarketing_Procedures. Peterson stated ttrai. the t-tairioit-wiulJ-ni-ii;;;r;r,-iie'll"ict-est guldelines and the llarriott would al.so be concernio-tiiii il,ii *oiii"noi'-- -- antagonize their own guests. Viele wondered about conitiii-oetwieii-iime"iiareand.regular guests and also wondered what the rov couia ii-ir irri-irniJ ir,ii:.'-proJect doesn't work. -Peterson stated that if ttrii-wire-noi successfu'|, lt couldbe converted to a hotel. viele stated that eeater-c;iei iiii'ieo-ilii-iiey'.i,r-'need a traditional hotel and this conversion roriiea hil.-'Feterson repiiia irrathe had been studying this for 9 nronths. Piper.wondered how owners of fractional fee units wourd have input, and peterson llated it wou]d be the same as a condo associatlon. piplr *ondered about the con-flict between time share owners and hotei-gueiii-wrren'i[!'tir. share units wouldbe.more nicely decorated. l,larren stated tfiat rrotei-gueiis wourc .oi i.i-1,.-oin."units. Patten stated that the discussion pointed out that fractiona'l fee ownership maybe different-in experience from tiile share. He added ihai ionditioni-oi iiproiarwere difficult to enforce, that s of 7 in lggl wiren;t-fJrpiieo with, and did notwant t0 have conditions that were unenforceable. PEC -3- 5/28/85 After were ready). favor of tablin edt r the staff and Don annorescljss i on,elerson ns req ueste cnded to b]e th e next n9Ied and v for it iona I a p r 1 cant: 'The_nmber of spectators was discussed at 2,000 with thd additiona'l berm Patten presented the.proposal and.explained the-naster plan and the lnterim plan, aIso.Jim llorter, architect.for the proiecl, also e"ptainio'tfie-proposat. oonovjn'rEaoher conments (attached) thich itatea in part that cuttuiit'iciivities-iiia'ipoiiidid not mix, that the political situatioh toriCl ttt" iiir. -schuiiz-saij-trrii inlqg.Iiys.he agreed and that he was not sure if this was the ueit priii-rji-in"'amphitheatre, but tha! ? majority of. peopre wanted it in Foro-pirti'-Iipii, igreeawith Donovan, vJele stated itrat he snirei iome oi ttri iame-ioncerns but felt thasthe architect had done a good job. piper was concerned aoout ihe iiniicing.- -"- 1rm V; rd un 9 0 vote rJas Itz seconded to aoorovn tavor,agar ns seati ng.r the staff . The 4. Rlck Pylnan showed the floor plans of the proposed conversion and stated that becauseof prior restrictions, that eirployee units be'restrictea ii-rong-tetm-iiniii-ti-'local employees for 20 years, ilr.-Kirch was requesteo io iorio*-ritiinii'ito..iu""s Oo- s/28/Bs for this request. I'lalter Kirch spoke and said that he tras not the owner of thenacquet Club' but was the owner of the enployee unit involved and owner oi ttre-space-used for an office for the renta'l glogp: He stated that growth of overnightrental had grown from 9,000 per year to Zs,obo so far in 1985 ana-ltrit-an-iniieis"In Personnel resulted in a very crrwded office. He stated that in the event theemployee unit rlas not needed in ttre future for offiie-ipiie,-ltrit'tie-riorii-idril'to return it to snployee rental . ,Jennie Qulp, representing the board of directors of the Vail Racquet Condominumsowners (who owned the rental operations) added more infonnation about increasedneed for more office space. Donovan asked if there were any ctrance to put another employee renta'l unit somewhere else. Kirch replied thai thire was a 2 bedroomunit currently occupied by an enp'loyee which hi believed mighi be posiilii io conrnitto an emp]oyee-_unjt if the request were granted to eliminat6 the emolo-vee unitnext to the office. Donovan then stated-that if that were the case., she had no Ppblem with_the conversion, and other members agreed. Schultz uondered if anaddition could be built onto the office e'ither a5ove or to ttri-teit.- xirctr siatedthat he owned the ground floor, but the upper floor was owned by condo ot,ners.l? he were t0 add to the left he wou'ld be encroaching on Meadow Drive right-of-l{ay. and novan seconded aporove the t to convert the at the amount. The applicant had requested that this item be tabled. f Vail a'lley Hedical Center's 'lo n ?avor. I oyee oem vote lras 5- I an. 5. 5. Debra Jost, administrator of the hospital, to.td the board of the plans for thef{edical Center ln the coming years. ' mi ni atu 6tr25 Je Atvrrcz, ct d. w. Kebc S.dsr a.L Ptrintif gd dc&lg fcucd r vatal procrstdp fc ilt- ship ofr lloliday llousc coodo. Pteintiff clains dofcndant har feiled to E tc crpicl conributioor D ttc condo. ttrc rcfs cut rdjudicatior of tlo ri8!E ofticpatyo*ur. 6/f5 SinfucUr lt Yrit r* DevH C. Sbhr, a rL ScGrs Fyu€os of S6J39 Fooissaynoc. 626 Socen*lc rt \hil r* nrrrc R. rld Krr.! lL ltusou llctrpry.mt ofS5,l30poisorym" 626 Stnerrl|cil Vbil rr. Althoot.teld Julitr Klrkprtrict. Sccls lnymcot of dcftultcd prooissoty Dto ud $P5a in comnoo Grpcosca. 6/26 Str.roridc .t V.il vr. Rrldcl|ud Key J. Srroroo. Sccts payncnt of s2Jl6 pomissory noc. 6f25 SErloriric et Vril vr ?tilip F.rld Dorticr J. Rlciuood. Sccls pymarof $8J(X g6omissory noc. 625 Strrosidc d Vlil w. Albcrt L ud lGtblccn Elllson. Scks paFnont of 9J0t promissory noa. 6/26 Soain*lc rt Vril rl Albcrt rsd Ruth TLouel. Scskr paymcnt of $4394 Fomissory notc. 425 Sbad& il Vril r* hcdcrict A. Strncl. Sccls paymcnt of 9a323 Drcmissory noE. 6f26 Stt ECr|c.t \hil tt vlvlen B. Goldstcil. Sccts prynrcnr of $6,460 FonissayDotr. 6f26 Stnusidc 13 Vdl r!. Joh lf. eld Linb! J. Drrrir Scatr payncor of $i1,695 pnaissory norc. 6/25 StrrrUc cV.tr Ya Ctrrlcr D. ud Berbue L?cit, cs.1. Scct! rymtofS6,790pnatlrsyre.026Streddcl Voil r*Mirtecl &rd &dl E- Slnpou Sclr pyocot dtll990piruynoc. 6/26 Slrud& d Vrfl ti Jrncr ltLod Erb Il. Ilrtleul Sets pryu: d$l,lt0gtooisryre. - dlll lturuddc c lhil rr. Suru G. ltdlctor. Scctr pryucrt of t5,434 =i Foirstre. F- 'rd Rn L Drrilir;: Sekr pyncotD, dl5552pussyc.t-' dlli &rrrjd:rYlil rr JE€ C. l- bd G.!i L &. Socrr fyu.d"E ElfiiObcomqFoc!. . 6115 Strld&rrh! lr Clncl rod_:- $_lhir'..ht cd-Satrp;ocor-1-- -'dtl,48t bqoocFs.-*- - ctu Strrddc rrvril rr. MrrL A. ZF ffrrrlu. S6t! pltnols of $l.t8l I crr'ttnoqcog.L 6t26 Sccttrldc rt Vrll rr. Cfrlrqfcr StryGr. Scb pryut of aomqDco$a. CrlminolActlors &15 Peollc rc. Edrrrd J. Wrlrb. Noticc of rppcal of county courtovbin. 6tTl Pqeh vr Joartlra L Srcett. Notico of rppcrl of county court .*. j..,-r.,.. 6t2A El'rrrd E Hrrvcy. ZO. fAan{lJurgcl Brud[ clrgcr of dcpociting tGiniul'nirdrid. Uwssrc otrerid,6riedlg r public Ei,'624 Wllllru T. Srrlnn' 22' Vril. ildsane. _ ci 6Ec ffrrin. oltcil,33, Gmrur. Relp\P'Robcrc'6otoqpc !F Sm,'rtino drrrva nrtnErrte ;"f,;; Rlcbrrd J. Ttldcoroq 6!G mtfid n! pohibitcd, rc i"ti""-Arual, cirgcr of &pocitins H lhassurcos Thcft. Jemcs W. Drv|t ctJBer of dcpociting F 6f24 Gcrrld Arcllelq 2a, Gypsuu. wrsc mrrcrirt -uo4&bg, dilrod.dt *.!hoccriwqrsdy. cotduct,cdmfutinjaryonqcny. 6r.i" 6f2l Gctllsoo Fcnudcz, 24. \[iL Jullrn G. Buytcl cilnis of rrsautt + D bc'Evktaio." iod batrcry nt-Hnftt iajury ro t ffi:'^:ffno',''Ednd$ ffil*'rynpa.. H spcedhg. drovc nocracb r.!r\a - lf,ICanrsJ..lrErEquE Frc flE6a-6i.[hilqEbryft"ifril). GrrD.Goru,6!.dFid. iH6tt KGrb tL GsrrDrell,2l.Dcwi. cH R'dd'€ tol'ldcc. AVOn COUft Sll 6127 tl|rtr. J. Fc4uror,20. Dcovtr.nE*e.tm-iu*i !!P fdbeiry r&rtrtc olst-Iunc {c. 6117 lrlulct T. Nedcll, 3 t. B1gdL it i! C'tm lidchnt O,nt *irr nAgc dfThird{cgrtc..q[llt tsllclAl||otrllol't. flf COIOTOdO StCfe POtrOl Fbc!.!d*or.oc.rr fi!WillbnA.Wooduq$ID,dindcdy 8"" 6tZ2t|lr8ir&, K. Gr.!d$ 23, Dcrrv.a csduct .lsiltlrlt{B!!ry'. ll* Dmvc norctcvctc wirioot I liccarc. Rhoudr Cbytol, t3it. *0cding. -t , Eitun o npon cuetcsr &iving. Joo S. Ctlossc* l5.$ frod. by ctt€ck L. t 6/2a Ricky ltllen, 25, Gicnwood pgryttyC-np'-90.-&utdtvchcct tE Sitdr1s" Uif. eiwds lic?isc yioldn. SbcibE Curd*$0.&rudbycncck t-.ii$ficcvioLdsr" ChdrlM.f,lrcqtXXl.lmy. Ff 6l2c etri:tiJ W. Kccfeuvcr, 2t, S-tirtcyr-Borcr'!@.88dbych.cr. fiiNcq/@,Itdss.ftgidwfrooiudcc. KirE lt'ogy,S35.tudbycbct -lu 62t;;r.!.tt sinaovl,zl-,rdrrgts. SaphcrJ.-FhtGtl7'{gcocor. g{lt' DUl,larrc nsage. loipl e.lgrcroro' gf:ie*ils. ilfl Avon Pubilc sofety ffi.I;ffi. t:::' :o':." F' brrl S. Mclildor, $3!, frrud by ffi fi23 Cbrdb G. Gudt Zl, Mrua. chccL- - - h Discdcrlycduc! Arict R. Soit\ S!1i0. trbbb $angp' ffi 623 wlttleu e. *ooCuo,32' Grgrd 4ilueo-rppcu.r t|gn function. Dirordcdy cooaoif oiro FcnudoV. Gdhto$ t35. cuclesr Hdcgreasslrlt ffi:t L. prurt0, s450, arud bv ft Mlnfurn Pollce ;mcrocorirsl- H 6f22 lf,ittlc A. lppce 37, Mlotnr. Blfths ffiDriviog*rugvryArru3rlbofou, !n!. Otn-riii"cfsiioenrii"*rtirio.hsrc; fl17_Keitlyr.Clt{tdt Ptrtl jo Dcbra HSviotitloa. drovc notucycle iirlour r andDavidof-Avno - -- LvrfiC tiicorc, potscsiioo of dn3 6/21 Miru& tlod Sllrr o Frcirce FIfTlqndir. - -- - rodDeviddErhrdc. E 621- Gnfcrt P. M|'tlrcz,30, Vril. -.rA ^ ^ ,AFFAA Fffi;l8iliiii 'v!"r'r-t rvi '."' TRANSFERS - iE Voll'Pollce tr6/2rbr!c' L colc,20, c.FE, x,i" FXE#-6Hrlftr'ili"Bi.:IIE tttii.ft.-iffiruu". r. Erderr n.ctrrt Fffitg.:.k'Ecr*c'1 -Si: cob.ftridrrnuirde.__ - --Fffi g{6i6ii iEfr-n,n"o-rn - S:q1y-qE*lf-!;5-t -.. 8l|-dlddlbrbDdr6rl& H:ffilEllt't sq EH1,Y,.^1.-. ffiffiVoil Court . fill;.Hffi.1triis*ffi g: rfc ouo*ing Gior-wn dec-Ic lffir$fg.igrto|"oc fis h-r/rl tiL'isbrt cm dn Jdse ililjl-r.lol$!!frq'fi;s1p, H:aar s r-.. .tb5l- a/-fx. Lgdirr--Fddil ean-.ro:cl*'r.c-dr1''r !F!ffimffin--ri.a, Hnsrdsadat ffi[Ft{{g,x4}ft=|ll9. Flii#f#ffit st*i,trccon #$ffiiffiffiiffi HfiI;il;*tuut, t35. cuolcsr #f;;;;;;;; trffi:**-:; .; :; lT.sfiirt !,L$ni+,Hir,ffi EE ftffi'.Hftr#"1191ffi* ffi#%"ilnrng";.r H EoarFopl ta Planning and Environnental Conrnission Conmunity Developnent Departnent .tanuary 8, l99O work Session on proposed rnaJor auendruent to Special Developnent District #7 - The Marriott Uark Resort TO: FROM: DATE: SUB,IECT: I.BACKCROUND OF TIIE PROPOSAL The Marriott coryoration is proposing to construct 67 vacation ownershlp condoniniurns adjacent to the existing hotel . Ttre ltarriott Corporatlon believes that this conceptwill have signiflcant benefits to the existlng hotel and tothe Sown of Va:1. and they intend to conplete the project utili.zrng the saue high quality standards that have been established in thelr other vacation ownership properties. The proposed buildlng Ls located south and east of theexistlng l,larriott Mark parking structure. Proposed is an additional 101 parking spaces which,equals L L/2 spaces per dwelling unit. The condoniniun uiits would each be 1200sq.ft. representing a0r4oo sq.ft..of additionaL GRFA. Euilding height proposed ls in the vicinity of 65 fee',- with building setbacks on the west and south sides of 5 feet' A najor element of the proposal is to construct significant interior and exterior inproveroents to the existing Marriott Hotel . Proposed site J.mprovenents include Ereatly increased landscaping and public wallimays throughout the site. Al'so proposeci is to construct sidewalks fron the project west to South Frontage Road. Infornation that has been subraitied to the staff includes prelininary floor plans, elevations, vicinity uap, existing conditions, pedestrian and vehicular circulation and access, site plan'and typical unit plans aswell as a visual analysls from six different locations around the project site. rI. EXISTTNG ZONTNG FOR SDD #7 In researching the develoPnent of Speclal Developnent Distrlct f7 and the Mariott Hotel his'.-ory' we have found a lack of, clear, concise and conprehenslve infotnaticn. Tbis is due in Paft to the fact that the hotel has been developed in a rrariety of phases and uses ltithin each-developnent stage. Moreover, theie have been a series of ordinances and arnendnents to SDD #7 whlch appears have never resulted ln a conprehensLve set'of developn-nt plans or zonlng ordinances. we do, however, know that tle site is buiLt to its uaxinun density as allowed by SDD *7. To the best of our knowledge, the site contains 247 acconnodation units and 53 dwelling units with a total of about 134,Ooo of GRFA. With the site area of approxinately 5.1? acres' this represents a density o! a little nore than 34 dwelling units/acre. of course the :k .'__'-.--- site contains a substantlal anount o! sguare footaEe devotedto conference and neetlng facllities, restaurants, nightclubs, recreational anenl.ties and hotel ancillaryfacilities. The hotel began constnrction in 1973 and "nnif"U tor sDDstatus Ln L977 under two diff,erent ordlnances. Alterconstruction of the flrEt phase anothcr addition was applledfor in 1981 under an anendnent to SDD #7. Thls phase . included the conference center with lodge roons and condoniniuns above. Although we do not have all of the accurate infornation regarding the existing zoninE on thisproperty, suffice it to say that the property has no developrnent rights renaining under exlsting zoning and thatthe focus of the work session should be on the proposed newproject. rTi. FRE1::.!T.'I;?.Y TSSUES AND CONCERNS . Planning staff bas conducted a review of the project as well as the Public Works/Transportation Departnent. !{hile aeknowledging that the Master Land Use Plan enccurages add:',:c;al tourist acconmodaticns to be sited ln the centlalor ccre areas of Vaif, it, ce=tainly does not do so if lt isto tlre detrinent of sound land use and site planningprinciples. The staff's prinary concern is that tlre projectis too much for this existing high density rnixed-use site. We have no problens with the vacation ownersbip approach and acknowledge ttrat the Marriott coryoration has develog:ed seve:af very h:gh quality vacatlon ownership projects throughout the country. Tine share projects generally retain a higher year round occupancy than any other touriEt acccnmodation use and this fits well withln Vail's pollcies to level-off seasonalities of guest visits. An attractive elenent of this proposal is the sribstantial upgrading of the existing hotel, especially the public pedestrian way through the property frou east to ltest. This pedestrlan way would provide a much needed inprovenent to the connection of the Llonshead Mall to the West Day Lot and Arterial Business District. The building and assoclated parklng stnrcture are proposed on the only ra;.si::ing open space on the entire slte. lfhile areas to the east on the property do not have bulldlngs on then, they are used for the locatlon of recreatlonaL anenities such as tennis courts and a swiuning Poolr/deckarea. We feel that the scale of developnent is too large andthat the mass and bulk ls pushed too !a= to the south and nest sides of the'site. If there rere to be additional developnent on thls property lt would seen to be better located to the north over the existing parking structure and it should step down from east to west to help allevlate the TO: FROI{: DATE: R8: Plannlng and Envl,ronrncntal csol,calon Couaunlty Drvaloplrnt Departuent lprll 23, 1990 A vork rcgrl,on to dlrcur3 paopot.d anenducntr to SDD }fo. 7 (!t!bc llal8lott llarh Rreort).Applleant: ltarrl.ott Corlroratlon. This lten uae tablod at tho appllcantrr requcrt after lengtby dLscurslon at the PECrr tprll-ltb rcrtlng. I nuubor of d.'lgm changes bave been lade tn roBponra to couentr lade !y Ut" Planntng Counbeion. Prlor to flnatlzlng tlrh rrdaaign, tlre appllcantr! havc rrquceted a rork rerclon dilcugrton rltlr t'be couniselon. ft le the lntentlon of thl.r nactl'nE to contlnuc tlreApril 9 dlalogue and a1low the Connlcsion an opportunlty to couDent on th€ revlred deslEm. The followl.ng points hlghllght tone of the Lrsuee tlrat rarrant discussion at this rork session. Heiqht and Mass of the Prooosed Additlon The proposed redeslEn clla!.natea Dasa on the north, louth. and. cast-siies of tlre aaaltlon. Tlrese unlts have becn r3locat.d to the courtyard area. the bulldlng helght la Ecnerally wlthtl-{8t. 'llhir redeilgn results Ln t net gitn oi one tlneehare utlt (58 units) shlli aalntaining clght roployee unlts. DesLsn Conoatlbilltv wlth ExlstLntr BuLldlncr Thc apptlcants bave agreed to rcpaint tlrc t{arrlott Botel ln conJuirltion ultb tlrls-c:qlanslon.- lfhile..no phyelcal cbanEca are proiosed to the exiatlng-stnrcture, lt ls thc appllcantrl iniEnifon to tlEtrtcn tlri color of ihe cxJ,sting bulldlng ln order to rclate to the propoeed addltLon. lrranEd!.nta bavc brrn uade sith tlro V-?11 Spa- to vlrw ttrc propoied rrpantlon frou a varicty of dI'ffcrent unttt. llhe ippitcantr irc oval,uatinE alt.rnitiver tor d.uonttrat+ng.t+! ri3ge tl,nc of ttre bulldglEtt nortb rlrvatlon ln tlre flrld tn ordir to ovaluatc lnpacts on thr ValI Spa. 4 ExLrtLncr ParkLnq Etmcture llhen sar conc.ln tlonE ton. Co -tulonrrr that axhtlng lnrklnguas Dartially ocporld on thc ucrt and north rldc of tbr proJect. ahc appllcantr havr lodlflrd tlrlr dolgm to d,nLulze r:pordparklng rrca on thr nortlrr lnd totally co\rar tlrc parklnE along tlre ueet rlde o! tbr rtnrcturr. Ihllc tblr doca tercon tbrparklng, lt rairer tlrr gucetlon of tlrr bullding tetback atong tlreicstuly property llne. Prrvl,our dl,rectlon trou tbr Coulrrlon .ncourag.d tlrc appllcants to |t..p all nru bulldlnE lals 2Or.backol thlg proprrty 1lnc. Wlth tlrr propond rrdciEm, a bulldlnE rddl.tl.on-uould be slthl.n 5r ol tlr€ u.3t proprr*y llnl. Underlvincr Zoninq Addltlonal rcsearch bat revealed no ncs lntoraatlon rclatlvr tothlg aites underlylng zonl.ng. The orlglnal ordinanco tbat created the SDD tn 1977 uade no refrrence to underlylng zonl'ng. there ls no qucstlon that there was zoning on thc rltr, botcver, the etaff hai been unable to deternlne ulth any degrcc of certainty shat thls zoning uas. It ls llrry EslarlUrtl tollng- that the-SDD could be auended vltlrout undcrlyLnE zontng, but lt the CoD3lseion rras deslrous of aPplylnE an underlyinE zonl,nE tbat coutd also be done. If that !s tbe desl,rc of tlre Comtglon, lt rould requlrc republJ.catLon of tlrls appll'catlon. Dcveloonent CornoarLson of Ad'iacent Lots !!he accoDpanying chart Lndlcatss thc. rxlgtinE devlloPDcnt on -adlacent iroperiles. thie uas done to provldr a couparlson of, thise proier+,ica rtlatl,ve to thc devclopnent Propo3ed on th. Uarrioit -site. As lndl,catcd by tbl; ta,bl., therc tr. a nulber of propertiec developcd beyond uhat ls propoaed on thc l{arrlott rite. Staff ReconrnendatLon Strc rtaff, lc not Prc!.ntLng t r.c@.ndatlon at tbtr thc. It ls ttre intentl,on ol ilrlc ncetlng to continuc tlrc dlalogtuc tbat took Diaci on Aprll 9tb. It lg the lntrntl.on of, ttrc appllctnt to bave i tonal rivlcr slttr tlrc Pl,annlng Co--l,re!on on l{ay latb' 11td tbe itifi witt prgent a coaplrtr pcomnendatlon at tlrat t5c. no atro d-o o{o oroN o NG 'o{ \rr- C -oDD e SXtE:F88z c{r{oNrtoa tin -F r?tla-aa|?ao rror:oJt D:''cldllgff 8:sfi18fRF OnaDt\Jt-'lF!t -i - -11 t{.|E llranl,'ila{6 --lrl& D o| no|t{ n o trIE o6 o tt)oz sf;ExA- lrl !) |1 0 r-, € Ut€@ <?|\l oFO = Iri 0at9roSrt)61- =F Fe'OFC{t:GeF F@f{fr({tlY,r'-- lr, E @a -t0 n-NNO aN az @ aFDr\\40\Ei S C C JclF 5ilE- OOfl{OO{- i. €o n{€oNt,ooN \\ co 6E ECcF OO----O- -O O 6E trtr, NNnOaNait OO <N OO-our ?r\oo-o-n oo iF FOat n-S,tt FenD ll 11 ttFLI;<e i9Z t\tlNOir:..OD C.O eO nF. f\l'tFn€qt4D l.t n rt F - i'. N an x UJ a a @N\\ tD{cc o0 oo t U a a a ElaO,.oo-rcal .->c30!N E., olca cao!> da 0-.o !AE+tooEO8g 5U.r !l4t It a, tlc{ 3Qlt t!c.._a-Jocal ugC\ -OJaD-aU-rO<}CIISOOr!3 ! '.. 3ora I O$r!ClOgJ > Lr O CJ-., o & atgt 9.t aU O- Oo ,-. c o 'te too 'tt.L\ccB OOl'r oa o>FOtt>tooC CLoLooL O ut oo!9 cOEarllluctraarOEB-o arlltoo L >>3c a r! FotlJ El - c!./g|SJ CO C OJ E-a<u.9 <l.D La, .a Elrl O 5.r a .Fr.<.al -9.:,i5! r o tt ll. trc Ecgtr-- -o a[oE-- .:& I\|,louuuurJu Lc \a-uuurJaJrJ c oaL OOIt 11 N{tlO-.OCl (DOl a\Noolior)lcr\ oF ({o({}tOO.0iFO Gr, -N OO-i O ? NF ?F r'O({|anO}1tallF -}a -nN- -r- oz z(' ul o FOOG-N-G ?N Nf, -N-aOOC{F € . {qr lvlll/r--O--- N Nrl OCg|C !Ftato!CJJ'a-OgtE O' a Jt traO,O |. O a-ua J L a >O L-ratl.l|3 a aE !<oo!ts.ccE oo o>< l'taao,L--Eat.,.-C J. J0rl'.r.rCECtlO OC t..!!nC{GOC.- l. OaE>(IJ>EutJ 3> A> ulF1r.lt ocrto lr,uoir ut<8u.H o lrJF ln IJ uul t!o E| egtFC 9H d<zooc<tDl!Fif;-I6d OJ >UtLIJ IJ Oo3c o o,' Action Va Town of Vail Town Council 75 South Frontage RoadVail, Colorado 81557 July 17, I990 Dear ltayor Rose and Town Council Members: Action VaiI, Inc. Friends of Open Space would like to express the concerns of its menbers with regards to the unresolved issues associated with the amendnents being proposed t,o Special Development District Seven, The Marriott Mark Resort. Because of the need for greater detailed research, several of our concerns which have been left unresolved by The Marriott lvlark Resort application, staff review, and PEC recommendations, are still under study. Among our concerns are the following: 1. It appears to us that there are no unique andspecific conditions which sets the proposed expansion of TheMarriott Mark Resort apart from other properties havingsimilar conditions in the community 2. It is clear that there are several other propertiesin the corununity that would be eligible for rezoning and density increases, through the variance or Special Developrnent District approval procedures, based upon the conditions identified by the staff as favorable reasons forgranting The Marriott Mark Resort application. 4. The unprecedented amount of the sguare footage belng requested, beyond tbe linitation of density and unitreEtrictions for standard zone district, is unacceptable under any circumstances and in our opinion is a grant of special privilege that would be denied other Property ownerswith similar conditioris and circumstances. 5. No extraordinary contributions to the comnunity' other than those that would be expected of any simil.ar development application in the community or which would not be considered as normal and expected maintenance, have been nade in the Marriott Mark application. fnc. FRTENDs oF PEN-SPACE P.O, Box 1426 Vqil, Colorodo 81658 ID0JUL 1?1990 conditions Town of VaiI Town Council The Marriott Mark Resort tunendment ApplicationJuIy I7, I990 Page Th,o 5. We beli.eve that insufficient actions have been takento preserve, protect, and correct the naintenancedeficiencies of the public and private open space which occurs in association with The Marriott lqark Resort. 7. The master planning documents which have been used to evaluate the merits of the proposed Marriott Mark Resort infi1l site are not of comparable and sufficient detail tothe master planning documents used to make similar evaluationfor Vail Village and the Golden Peak infil1 sites. 8. There are circumstances or extraordinary conditions that we can see that would not allow the changing of underlying zone districts in other similar Special Development Districts or standard zone districts. 9. We believe that the changing of the underlying zone district to HDMF would allow for the timesharing of both proposed and existing buildings which will more than likely result i.n the abandonment of on-site convention facilities which are critical to the Lionshead short term rental bed base and the corununity-at-large. Prior to making an informed evaluation with regards to the scope and implications of The Marriott Mark Resort application we believe that it is essential to have the following planning information available. 1. The number of additional timesharing and hotel rooms that could be constructed in the community' assuming a comparable increase in density being reguested by The llarriott Mark Resort application were granted to properties with similar circumstances. 2. Identify the specific amounts of increased public funds that would be reguired to finance necessary improvements to the community's infrastructure' including roadway and transportation improvements, that would result from community wide increases in short term timesharing andhotel units. 3. Provide specific planning rePorts based upon credible statistical and demographic data that substantiates or refutes the assertion that timesharing units have significantly better annual occupancy rates than hotel rooms. 7 Town of Vail Town Council The Marriott Mark Resort Anendment ApplicationJuIy 17, I990 Page Three 4. Provide specific planning reports based uponcredible statistical and demographic data that substantiatesor refutes that the occupants of tirnesharing units have an equal or significantly higher expenditure leve1 whilevisiting the corununity as compared with the occupants ofhotel rooms. 5. Provide specific planning reports which substantiate or refute the conseguences that timesharing will have upon the availability and operations of The Marriott Mark Resort on-site convention facilities. 6. The 1986 Land Use Plan should be updated accordingto the review provisions of these planning documents, priorto naking a determinat.ion with regards to The Marriott Mark Resort application. 7. A Lionshead Master PIan and Urban Design Guide Plan should be completed to a similar level of detail as the VailVillage !4aster Plan before a determination of infill sites is made for the Lionshead area. It is the position of our organization that untilsufficient independent investigation and information isavailable fron the Town of Vail with regards to the foregoing unresolved concerns, it is inappropriate and impossible to adequately evaluated the rnerits of The Marriott Mark Resort application. We firmly believe no exceptional conditions exist orthat extraordinary community benefits are acguired within the scope of tbe present application. Approval of The Marriott Mark Resort applications is premature and unwarranted at this time. Sin bLttbn Conmittee ends of Open-Space TO: FRO}T: DATE: RE: Planning and Environnental Cornrnission Corornunity Development Departnent June 11, 1990 A reguest for a maJor anendnent to Special DevelopnentDistrict No. 7 (The Uarriott tlark Resort) in order to add 56 tiueshare units and 1o enployee housing unlts at 714 West Lionshead CLrcle, I.ot 4, 7, C, D, Block 1,Vail-Llonshead 3rd Fillng. ,,^ t A l,Applicant: r{t( corporation, Katser t{arcusI lfuriot ftfnfajjax. I INTRODUETION A. Pronosal I. Bel ow is a sunmary of the proposal: IUfD spaces per dwelling unit and 1.5 spaces per enployee unit per Tonn of Vail code. 5 spacesvalet. @t ts each having !2€€ sq. ft. for atotal o Ae-weefare proposed for each unit (50 neet Town of Vail Ordinances governing tineshare. units a I sq. fQ. each for a totals are oyee houge4g. Replace two of the uestern Dost tennis courts withn sPace area. I,andscape improvenents around the pool area. Pedestrian path connections for general public Pocket Park for public Eeating adjacent to the r,tonglicarrTeereail6n-er-FriTh-focated on Town o fVail property. lort'"ofb- ,.1"dut-6prr5 ,* l%yj'"" P to"o '' Rcaradlng and rawegetatLon of hillsLde adJacent to Town of VaiJ Recreation Path along Gore Creek.Pfl^ drattagP v 1 timeshare s icted as em \ - Io woo4:burning fireplaces are proposed for any of Ene unlE€t. ,r This addition would be located on the west end of the .llnronertV and built prirnarily over the existing parking / lstructure. the Plannlng a ental Cornrnission reviewfollowing changese proposal of April s,199!,\the been nade: Decreased tineshare units from 57 to 55 units. Sinceof th have i,2 Decreased GREA fron 74,205 sq. f_t. to 71,200 sq.-tr.-rc-a=4-aec16aEE-oE-5l66FE s:--fEf- Decreased heig@. Commi lcr teonan of a west bound units. fair-share basis e Soutfr Frontige-Eoa Comrnitment to repaint the entire existinq Marriottconf-iex-t neT5uildrns. -- Co_grql3lely encfosaa parking a t el evation. ltThese changes sere made in response to connents from lfttre rtanning and Environnental connission as weII as " adjacent property owners. As outlined in the sDD section of the zoning code, the following nine criteria are to be used in evaluating the nerit of the Special Developnent District. It is the burden of the applicant to demonstrate that submittal material and the proposed developnent plan comply with each of the following standards or demonstrate that one or more of thern is not applicable,or that a practical solution consistent with the public interest has been achieved. Significant D.Confomitv with aoplicable elenents of the Vail Comprehensive PIan. Town policies and Urban Design P1ans. The Vail Iand Use Plan is the nost relevant docunent to be used in evaluating this developrnent proposal . The project is consistent with a nurnberof goals outlined in this document: 1.1 Vail should continue to grow in a controlled environment, maintaining a balance betlteen residential , connercial and recreational usesto serve both the visitor and the permanent resident. 1.3 The quality of development should be rnaintained and upgraded whenever possible. is preserved through inplenentation of the Urban Design Guide Plan and the Vail Village Master Plan. 5.1 Additional residential growth should continueto occur prinarily in existing, platted areas and is appropriate in nett areas where high hazards do not exist. r--\...5.2 luality tineshare units should be-'---/acconmodated to keep occupancy rates up. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. r.-__Z--\r\ f 1.12 \lail should accommodate most of the I '.-.-----,,additional growth in existing developed areast- (tnfill areas). ,'>=-r! 2.t' phe community should emphasize its role as a'\. /destination resort while accommodating tbevisitors. t ----\'\ (. 4.2 fncreased density in the Core areas is\-. --/ acceptable so long as the existing character : 5.5 ,tlhe existing'.-----/preserved and housing needsvarious sites employee housing base should be upgraded. Additional enPloYee should be accomnodated at throughout the connunitY. goal statenents rovide the fundamental franework to be used in de whe As reflected in J-s very consistent with Land Use Plan.the u E. *Please note that the Lionshead Urban Design Guide Plan does not apply to this proPertY. Identification and nitigation of natural and/or geolooic hazards that affect the propertv on which the special development district is proposed. :thLs property is not affected by any natural and/or geologic hazards that have been identified within the Town of Vail. site plan, buildinq desiqn and location and open spaceprovisions desicrned to produce a functional development responsive and sensitive to natural features. vegetation and overall aesthetic crualitv of the corununity. The site planning for the addition has changed in that a major portion of the addition has been centered over the existing parking structure. The location of the mass and bulk of the building in this area has allowed the designer to reduce the height by ten feet. It has also helled to reduce the building mass along Gore A portion of the new development is proposed on what is now undeveloped open space directly south of the existing parking structure. ssveral a removed to allow for the buil aesthetica a --najqr--el.gnen!-o:l-!h-e,-proposal Is fandscap e Converting this areato functionalloss of open ry e-.r> e. green space wiII more than off-set the space south of the parking structure. F. 1n A major concern of the staff relationship of the bullding the recreational trail. Ori is the physical addition to Gore Creek andinatly p stories and within 5 feet o e enjolment o_! approximatel three and four stories.location and mass ofis the The The south facade with the recreatiorbuil co G. tr^- circulation. n"+i0f", fitt)Nw lnprovegpnts,ilrd.W- zr includetA pawL' (4**H* \ "ppAcr',$o , the e This cants property.lmprovement is located off the These impqovements are designed serve not only the pto s area o Efonshead. Staff would suggest tha incllEttd-e i pedestrian connectlon bet starf woul'al suggest tnat Ene aPPrrcanE pedestrian connectlon between the West 9aYlo!_alrd the lower levet of the parkino structure to n!!_o!-lot easier pedestrLan€g_cgFs. lfe would also!g!!_o!_lot easier pEdeEtrLan-ag_ceFs. lfe would also ask-that the owner provide a public Fbdestrian easement gh the property. Each level is accessed vidually,v er.:-. ts5^resulting in*trttcuf r-Effi f aEton-F-fftGins.--Themodifications to the structure will proposed circulation between the three levels of the structure. An assessnent of the potential development has been included environnen sf of the S.Frontage RoaQ on introduce internal trafflcas a part A l,tarch 9 ft turn lane st traffic volurne, make s Iert turn dur inpacts of thisof the p.n. peak situation byhour. Based Giv 20*ancreaseis no mfricttt aadition enent . Ifosever,s not the sblla contributor to theturn lane.Torun buses, tllc the vould during orado increasethe p.n. thethis peak a L-la*' 6rrL lodrr ,9!' i<..'' 'lJ ,6& -ti ir\ need forLot and a the left number of other p rties are creat s etw iddr-(ie4qilttuI MnU guy in the doorr' does not justify reguiring then to fund and construct 1o0t of this inprovement. Thel,tarriott is responsible for, and is willing to contribute to, their fair share of the expense in constructing this improvement. Ttrere alternatives for of the improvement. !b9_I990_gUf_Ieconprehensive transooitbtion plan for E Effs-fdTfl-It is very likely that thiE withErurtlr r,tra . ves is with regard to the tining e Road enent can be H. witl le'identified by this plan. Ilowever,thein no posi{-ion to This essentiall s the equitable solution-Yo larticipation of thd Marriott, surrounding property owne rsl-Elia-he - ror.rn are-pEs s iEffi _'-__r'_:-=:+'.Explored to -arrive a_t_ an-equitable solution. Functional anrl aesthetiq landscapin order to optinize and preserrre natural features, recreation. views and functions. There are a nunber of significant improvements proposed to landscaping and open space throughout this site. Foremost among these is tbe conversion of two tennis courts to green space areas' a pocket park/pull off area to be developed along the Gore Creek trail, Iandseape improvements to the berm around the proposed addition, and landscape improvements along Lionshead Circle throughout the length of the property. TXese changes wiIJ. provide nq!_on!ional afS6-aes EFetI c Improvements to thE s The pocket park is ositive addition.Staff woulpocket parktike to see a p.i 6 arED added to the more landscapingl d I and lhrdralnagewill also be cleaned and integrated the sl 10 acknowledges that the space for planting is only 5 In addltlon, Dore landscaping is requlred along tlre weEt elevation of the structure. A nix of aspens, shrubs and evergreens is appropriate. Staff I. feet. However, more landegapigg and a vSrie-$z oft , tAnaterials are necessary. lyflt@vtl JU^@.YO}? 1) ttr(rtnlUfiAtJ& A nufuber unltg v.ENVIRON!,TENTAL TMPACT REPORT The Environnental Inpact Report prepared by Peter Jamar Associates (Revised May 10, 1990) surnnarizes any irnpacts and proposed nitigation on&<12 of tee-<eport. nrc-prrlr?v inp a ct a rea E-gslqt e t o v i eE-Ft ra f f i d, 7 a na ths-+reetfon--A- r@ Th#evieweduy statt in Sections IIA-Views, IIC & G-Traffic, and llB-Densl.ty. Allthe EIR be corporated into the VT. STAFF RECO}!!,TENDATION this na m1 aor qoaI s ts eupport the concept o and infill developnent in the core areas. The task at hand then, is to evaluate whether the deslgn of this project is sensitive to all applicable criteria outlined in the SDD section of the zoning code. A review of the SDD ia indicates that ect . A nunber of issues have been raised by the staff during the review of this project. In each these concerns have been addressed by the applicant in manner that is consistent with the Desiqn Criteria.manner ttrat is consistent with the Design Criteria. 11 Parking, circutation, height and nassing, view inpacts, ffenployee housLng, and landscaping/open space have aII been lf addressed by this developnent plan. $D PEC case a construction In evaluating this proposal , ole. nl1s,L fundamental question of whether or not 11 staff must emPnasl-s Ene unrqlueness of Ene lrarrr'C,EE llgr.K w\)-l:,0, situatLon. There are very few sites within the Tomfof vail [r'il"that have the capability to add this tlpe of densityl staff $ilr' staff must emphasis the unigueness of the lrlarriott ""#)t#(n believes that there are unique characteristics related to this site that make it possible to add a proposal of thisscale. Unique factors include: frffi'g o u)D o The existing parking structure is in a }ocation that would actually be improved in appearance rrith this expansion. The site is very well suited for infill development. 4,ffio The applicant has maintained a 48 foot height which. does not exceed the lirnits of the Townrs highest density zone district (HDMF or Public Acconmodation zoning) . The proposed use is in keeping with the Land Use plan goals calling for additional timeshare units and other Land Use poticies as listed in Section IID of the meno. The Lionshead per a The Environmentalnot identified anY requirements for s The site is prirnary ski appropriate tha"E feels special coverage by the located near all of the base area, Irionshead. and landscaping areproject. eerrrices and a has sinilar I bulk and are compa e with Inpact Report and staff revierr have rnajor negative inpacts with the $$ii:i,1, .r,'lt"Y e project. An environroenta cts that have been determined by th e Deen DlEtctaEeq Ln arashion. lhe project meets , setbacks ton side bv the e andts. In fact, the \r substantially exceeded The site has good vehicular and pedestrian access. Vehicular traffic wlll use the Frontage Road. It is not necessary to access the site through a low density residential neighborhood. Staffthis Itisvto allow for i dev est senrices. it is critical to identify the uniqueness of Development District to enaure ^**I$Y*s1'{oi.*,^.. WtS el'opmen ct process. that It is also inportant to identify theresults from thiE project. Below is which are derLved frorn this proposal: rrpublic benefitn whicha list of the benefits Thetlarr on the ru#; wi's The provision of publtc wallnrays along vest ,.Lionshead Circ1e through the center o$,,ihg nn_n^l,o.i &tt - Dtarriott site fron the t{est Day Lcl.-.- lwtt( Jlust4'"'"t'Ci a<{q, t owned by theof Vall. The entire repaLnting of the existing llarrlott ^.Project to conpll.nent the proposed expansLon.M''V\,,-b Enclosure of the existing surface parklng and theaddition of landscaped and open area above theparking. This is achieved by the landscapedterraces over the parklng area as vell as theelinination of two tenniE courts. Iplt"fh{,{,fr'du;il*",ll^-:rr{I-r*v lt(trli \ f,ttdxtI provision of 10 enployee housing units which been fully counted in the density and GRFAthe project. gThe provision of additional hlgh quality tinesbare t}L*),vfl! units which diversifl' the existing unit type and llP it "' uix and provide Vail with additional destination-'r.- guests y-ar-round per the Land use plan go?L 5.&i -n,1rrl t. starr"""1"$#hdg'et"Je,Utqrdt!'S"Jgtul.,n.tfrh,:r#q.#e#d:e^WKffollowins **ji,t, conditions: ,,^ ^,&d{f) oeea restrictigns rinilins the 9Ee of the te =-'lU'{furentals in perpetuity shall ."0'o'1. -" be recorded prior to the- issuance of a building permit. ,*.i-J,p The units snitt neet the-c-ony.Jhi\'- -rlle un.LLst Eirlalrr m€rc:f' Lrlc3 c;crrl(f r Lr9rl5 lr.rf EIrPJ.l.rJ ItE F{'r'' housing outlined in Section 18.13.080 810 a-d of the Zoning-Code except that the units are restricted pernanently. 6) A detailed drainage pl.an and other design issucs relevant to public works concerns shall be subuitted and approved prior to the lssuance of a buildingper:nit. Pollution control devises shall be incorporated into the parking garage per the EIR. The creek shall be protected fron any constructl.on lnpacts by the use of an erosion control plan. ffirt 13 I{orking in coordination with the Town staff, the applicant shall fund and conduct a comprehensivetraffic study of the West Lionshead Circle area suitabte for determining the lilarriott l.larkrs contribution to the cost of constructing any necessaryturn lanes on the S. Frontage Road to West LionsheadCircle. Preliminary desigm and cost estinates for theturn lanes shall be provided. At a nlnlnun, the applicant shall be responsible for contributing this agreed upon amount torard the cost of thie improvement. -At r\\tr1.]l A prelininary design and funding strategy for \r'l constructing any turn lanes shall be established prior to the issuance of any building petmit, and the turnrenes shall be comFl@prior-to- the issuance of Tenporary certlficate of occupanc]-r The funding a andVail the construction plan nust be approved by the Town of engineer, Conmunity Developnent Departnent, Town Council , and Colorado Division of llighways before building per:nit is released for the exPansion. 5. 6. 7. The applicant shall be required to subnit a cDolt access per:urit application on behalf of the Town for the l{est Lionshead Circle/South Frontage Road inprovement. A signed cDoH permit nust be obtained by the applicant before a building pernit is released. All aspects ralatr.d to the tinesharing of this facilityshall conply with all applicable town ordinances that regutate timeshare activity. Timeshare is only approved for the proposed 56 unit building. The 10 ernployee units shall not be allowed to convert to timeshare. Any landscaping proposed on Toltn of Vail land shall be subnitted by the applicant to the Town of Vail subnitted to the Town of VaiI before second reading of the sDD ordinance. The landscape and drainage workshall be subnitted to the Town Engineer and IandscapeArchitect for approval before the proposal is presented to Design Review Board. landscape architect and engineer for approval before the proposal is subnitted to the Design Review Board.AIl landscaping proposed on T!'Wn of Vail land s\tpll be maintainea iy €rri aiplicant . lb Ao/ux,sl Td,/r\ (or.d? r0VrUo t 13d^ The applicant shall agree to regrade, revegetate, and v repair the drainage on the bank adjacent to the bike path atong the southern property line of the Marriott Itark by August 1, 1990. A letter of credit shall be D. 14 8.A tenporary certificate of occupancy shall not be released for the errpansJ-on untll all site inprovements have been completed such as sidewalks, landscaping, drainage etc. If the weather prohibits the completionof the eite l-nprovements, the applicant shall be---1 requlred to provide a letter of credit to cover (!29j)ot. ttr6 construc-tion costs for theEe lmprovements. tne construction estinate shall be reviewed by the Town Engineer and Landscape Architect. The agreementstipulatlng how the site inprovenentE wiII be completed and letter of credit shall be subnitted by the applicant to the Town Attorney for approval before a tenporary certiflcate of occupancy nay be released. Before a temporary certificate of occupancy is released, the applicant shall plat a public easenent to insure public access through the site on the proposed sidewatk inprovenents. The applicant shall subnit the - 111r, €49€r0€nt agreenent to the Town Attorney and Town lffillgouncil for approval before recording the easement. rM"ritr ^ I'- +- ^rr!!!-- al--! AL.- hir-:-- project proceeds to DRB! t2- $ Additionar fe4SsagiJogttre vest elevation of t }t*rElJn. 9. p. o.''- In addition, the staff reconmends that the DEsign Review Board address ttre following design issues if the lt,.E*F r*€tti+,I€ffi Pedestrian access should be provided from the westst lLvel of the Parkingstructure. f elevation should be decreased in width to alllow rnore landscaping. The @nt to the ParkingstfiEture stair should have more windows.etfrcture stair should Landscaping should be and building. shall be addressed along 15 planted along the stainraY J .oo.o|oooioulo{Fl C'OOoICTFc{ F{ .|Onlt!ctF(l'Nr{ O. od o.\|r{ FTo2 trlxHbEHc| }lto Ro&A oo| FI d ro |ldtl Ro E oo! o ot{t{z E, E!l>.a O. 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Wr#d q'Wft4lu d+iJqeh Mroe6\_ffiry*, $Di\ lts/ lo Mv tb^-'+rnozI.*toWar,t{ tr.\\\O \il ln{ rr€cd,rl.1 .l SUD NMF>Q+4.(l,G/w ?.i,,;#Wffi*,+adel Crti,nonO-r ..tt#;tf,ffifrWtrM n,1 W))CJ/(lnddlwo J bq \\ttDr 11 r- \ ,,./ V,rVf '.\t--- ,/''lv ltl rli NO \g i[o\\ q\Ud\[A-\pAuA ocr \\DTrrF S$t\t $ti WC)I No. najv \\blc$rc&rfi S p.eJ p$ryy,rl )No/\c{( ^{ Nto\r'ong decac-\ cf i^gr- U \Jo Au, \Jokd, o,Aor,rfr+ hn\ tq^q- ,:. U O00fDruIlV. e( tCJ)q . Uf\0Q. cd/fr'nqg^t 'to2n U, tD'D wutC Uaut- Dfuor&N tDD'vvvv\J/l/!!/l-Y{--.- a . UfrCJlJ [rit DA U,SD'D N^hptc )N tDD olM\ oytt\l I \r)p l VrnTI .;l '. t.: ,.i ;., f\Dmt datu 0orrnrt -irw\rino\ \ \qtldAXuf h40 e'"\\oa,rn0edd'\uoLJ Yh tt ' rnftQ- tx\!l.\$n$. - f t (;rl}l W**ORDINANCE NO. 22 SERIES OF 1990 N{ ORDINANCE A}IENDING SPECIAL DEVEIOPMENT DTSTRICI NO. 7 COI$IONIJY REFERRED TO AS THE I.IARRTOTT T.IARK RESORT AIID THE DEVEIOPI.IENI PIAI-T IN ACCORDAIICE I{ITH CHAPTER 18.40 OI' TIIE VAIL UT'NICIPAI., CODE N{D SETTING FORTH DETAII,S rN REGARD THERETO tlHEREAs, Chapter 18.40 of the Vail litunicipal Code authorizes Special Developnent Districts within the Towni and wltEREAS, Special Developnent District No. 7 for development of Lots 4, 7, C and D, Block l, ValI Llonshead Thlrd FilJ.ng was originally approved by ordinance No. 3, Series ot L977, and subsequently anended by Ordinance No. 25, Series of 1981 and Ordinance No. 6, Berl-es of 1982i and !{IIEREAS, the Applicant and Oirner (M-K Corporation and Marriott Corporation) desire to make amendments to Special Developnent District No. 7r and I{HEREAS, the Anenrlment to Special Development District No. 7 wiII insure unified and coordinated development within the Town of vail in a manner suitable for the area in which lt is situated; and WHEREAS, the Planning Connlsslon has recorumended approval of the rnodification to Special Development District No. 7; and WHEREAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citizens, inhabitants and visitors to amend Special Development District No. 7. NOW, THEREFORE, BE IT ORDAINED BY THE TO9{N COUNCIL OF THE TOWN OF VAIL, COIORADO, THAT: SECTION l-. Amendnent procedures fulfilted. Plannincl Cornnission report. The approval procedures prescribed in Chapter 18.40 of the vait Municipal Code have been fulfi1led, and the Town council has received the report of the Planning and Environmental Connission reconnendlng approval of the proposed developnent plan for Special Developnent District No. 7. sEcTIoN 2. Nrendment to Prior ordinances. Arnendment Ordinance No. 3, Series of 1977, Ordinance No. 25, Series of 1981 and Ordinance No. 6, Series of 1982 are hereby anended by the addition of Part II to read as follows: A. Special Developnent District No. 7. Part II of Special. Developnent District No. 7 (rtSDDTn) and The Developnent Plan as herein after defined and set forth is hereby approved for the continuing development of Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing located within the Town of Vait consistinq of #t acres t22sfr6 square feet). Jai/a) ,r,dt / B. Purpose. Part. II of SDDT is hereby established to ensure comprehensive developrnent ln the use of an area that will be har:monious sith the general character of the Town of VaiI and the existing SDDT and to promote the upgradlng and redevelopnent of a key property in the Town of Vail. The amendment to SDDT is regarded as conplimentary to the Town by the Town councll and meets all design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of the Anendnent to Special Developnent District No. 7 which cannot be satisfied through the inpositlon of the standards in the existing SDDT or under existJ-ng zoning. The amendrnent to SDDT is compatible with the up,grading and redeveloprnent of the conrrunity rhlle rnaintalning its unique character. C. Definitlons. 1. Eine-Share Estate shall be defined aE set fortlr in Section 18.04.42O of the Town uunicipal code. 2. Enolovee Housing Unit shall be defined as follows: A dwelling unit as shown on the Redevelopnent Plans, narked as Employee Housing Unit. D. Develooment Plan. 1. A developnent plan for Part II of SDDT ls approved and shall constitute the plan for the redevelopnent of a portion of sDD7. The redevelopment pJ.an is conprised of those plans subnitted by Arnold, Gwathney & Pratt Architects and Dennis Anderson Associates, Inc. as set forth below: a. Landscape Plan by Dennis Anderson Associates, Inc. dated June 4, 1990. b. Site Plan, Floor Plans and Parking Plans by Arnold, Gwathney E Pratt Architects dated l,[ay 14, 1990. c. Elevations and Sections by Arnold, Gwathmey & Pratt Architects dated lifay 14, 1990. d. Environnental Inpact Report by Peter Jamar Associates, fnc. dated lilay 10, 1990. The plans listed in 1 through 4 above shall for the purposes of this ordinance be referred to as rrThe Development Planrr. { ) \ 2.The development plan ehall adhere to the following: a. Setbacks. SetbackE shall be as noted on the Site Plan llsted above. b. Height. Helghts of structure shall be as indicated on the elevations listed above but shall not exceed 48 feet ueasure vertically fron exlsting or finished grade at any gLven point to the top of tbe flat roof, [ansard roof, or to the highest rldge line of a sloplng roof. c. Site Coverace. Site coverage shall be ae indicated on the slte plan listed above. d. Landscapina. The area of the slte to be Iandscaped shall be as Lndicated on the landscape plan llsted above. A detailed landscape plan shall be eubnitted to the Design Review Board for their approval. e.Parkinq and Loadincr. Parking provided as indicated on the plans as listed above. In no parking provided on the totaL SDDT be less than 400 spaces. and Loading shall be site plan and floor case shall the site as covered by t-d J0ol ,+H' F. be Densitv. The existing developnent and condltions for SDDT as defined under ordinance No. 3, Series of L977 and under No. 25, Series of 1981 and under Ordinance No. 6' SerieE of 982. The approval of this Part II of SDDT shall pemit an addltional 56 dwelling units which ehall be used as time-share estates and 1O dwelling unl-ts whlch ehalt be used as employee houslng units. The 56 dwetllng units used for tine-share estates shall not exceed 1050 square feet of gross residential floor area Per unit for a total of-Lffineffi The 10 dwelling units used as enployee housing shaIl have a gross residential floor area per unit of approxinately 400 square feet, and shall have a maxlnum total of 4000 sguare feet of GRFA. F. Permitted. Accessorv and Condltlonal Uses. Tfune-share Estates and Enployee Housing Units shall be the only pernitted uses for the 56 detelllng unJ.ts as Eet forth in rhe Development Plans. Accessory and Conditional Uses shall be as set forth ln the High DensJ.ty, llultiple Fanily Zone District. Any additional requests fo tirne-share units shall require a najor anendnent to SDD7. IG. RestrictLons on EnpLovee Housing Units. No Enployee Housing Unit Ehall be sold, transferred or conveyed unless such saLe, tranefer or conveyance is to a non-profit Condoniniun Association fomed to nanage the 56 tirne-Ehare estates. No Enployee llousing Units shall be leased or rented for any period of less than thlrty conEecutive days and lt shall be rented only to tenants who are fulI-tl.ne employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to Lnclude the Gore valley, Minturn, Red Cliff, Gilnan, Eagle, Vail , Avon and their surrounding areas. A full time employee is a person who vorkE an average of thirty hours per week. An anployee Housing Unit shall not be divlded lnto any form of tirne-share estate, intenral ownership or fractional fee. The restrictions contained in thls Section 23 shall be placed in the Condoninium Declaration for the benefit of the Town of Vail and shall not be changed without the consent of the Town of Vail. 5. Each eroployee dwelling unit shall have a total gross residential floor area of approxinatety 400 square feet. 6. The onner/applicant shall subnit to the Tolrn Attorney a covenant perrnanently liniting the use of the ten enployee dwelting units to long tem employee rentals in perpetulty. once the covenant Ls approved by the Town Attorney, the agreenent shall be filed of record in the office of the Eagle County Clerk and Recorder to insure that the restrictions shall run with the land. The covenant shall be recorded prior to the issuance of a building pernit for The Development Plan. The covenant shall include the conditions as set forth in Section 2, Paragraphs c 1-5 above. H. Anendnents. Amendnents to the approved development plan shall follow the procedures outlined in Section 18.40.100 of the VaiI Municipal Code. t. 2. 3. 4. I. CondLtl.ong of Aporoval for 8DD7. D"^ry M ilhr W 5 I isgues relevant to publlc works shall be eubnltted and approved by the Town of VaiI prl.or to tlre Lesuance of a bulldlng pcrnit.l shall be Lncorporatcd lnto the parkLng garage per tbe eubnltted - to the cost of conetructing any necestarY turn lanes on the South Frontage Road to West Llonshead Cl.rcle. Prallnlnary dcslgm and coet estirnates for thc turn lanee ghall bc provJ.ded by the appllcant. lt a ninlnun the applicant shall be responslble for contrlbutl.ng an anount of noney to cover tbe appllsantrg chare of the cost of the road inprovenents so deternlned by the conpreheneive trafflc study for Weet Llonahead Clrcle. pl.an unless othetrrl.ee deferred by the Town of Vail. coununlty D,evelopment Departnent and Public l{orks. The tundlng and conatnrction plan nuet be approved by the Town of Val,l englneer, Connunlty Developnent Delnrtnent, rolJ. and colorado Divlelon of, HLghways befora the bullding per:nlt ls released f,or the expanslon. rhe appllcant ghall be reguired to eubnlt a Colorado D€pa*n€nt of ltighways Acceas Pernlt Appllcation on behalf of the Town for the West tlonehead Circle,/South Frontage Road Inprovenent. A signed Colorado Departnent of Highway perolt nust be obtal'ned by the appllcant before a bulldl.ng petmlt iE released unless euch permit is not necessary aE confimed by the Town of Vail Connunity Developnent Departnent and Rrbllc liforks. Working in coordlnatlon wlth the 4. AIl aspects related to the tlme-share estates of this . Tine- estates only approved for the 56 tlne-Ehare ItE. I . : rA;rd ]{! .,1 Detailed landscaping slnllar to the Westin tlotel \\-. approval before such proposal ls subnitted to the Design Review Board. All landscaping proposed on Town of Vail land EhaII be naLntalned by the appllcant. The applicant agrees to regrade, revegetate and repair the drainage on the bank adJacent to the blke path along the southern property line of the MarrLott Mark Hotel by Augrust 1, 1990. A Letter of credit in the arnount of $shaLl be subnitted to tbe Town of vail before second reading of thl.s ordLnance. The landscape and drainage sork shall be subnitted to the Town Engineer, Landscape Architect and Conmunity Development Departnent for approval before the proposal is presented to Design Review Board. A tenporary certifLcate of occupancy strall not be released for The Developnent Plan until all site inprovenents have been conpleted such as Eidewalks, landscaping and drainage as set forth on the development plans. If the weather prohibits the conpletion of any improvenent, the applicant shall be required to provide a letter of credit to cover 125t of the construction costs for these improvements. The construction estinate shall be reviewed and approved by the Town Engineer and Landscape Architect. The agreenent stipulating how and when the inprovenents will be conpleted and the dollar anount and forn of letter of credit shall be subrnitted by the applicant to the Town Attorney for approval before a tenporary certificate of occupancy may be released for the developrnent plan. 6. 7. of Vail property Eha1l be submitted by the applicant the Town of Vail Landscape Architect and Engineer for 8.Before a tenporary certificate of occupancy Ls released the appllcant shall plat and record a publl,c easenent to ensure pubtic access through SDDT on the proposed sl-dewalk inprovement on The Development Plan. The applicant shall subnit the proposed easenent agreenent to the Tonn Attorney and Town Council for approval prior to recording. 9. The applicant ehall not uarket Tine-Share Estates on ttre streets, public ways or public places within the Town of VaiI. 10. No arnplification of sound on the greenspace created by the renoval of the two tennls courts shall be allowed for conventions or other special events. 11. Slgniflcant landscaplng includlng evergreens, declduous trees, and shrubs shall be provided on the landscape terraces over the parking area. ff additional structural support must be added to the terraces to support significant landscaping (as descrlbed in the previous sentence), the applicant/owner shall be required to strengthen the structure of the terrace to allow for the landscaping. L2. Additional landscaplng shall be provided alonq the west elevation of the parking structure. A nix of deciduous, evergtreens, and shrubs sha1l be provided of a size adequate to screen the structure as nuch as possible. The applicant is directed to work with Vall Associates on the landecaping buffer. 13. All loading areas shatl have additional landscaping and screen fencing. 14. The amendments to Special Developnent District No. 7 are approved conditional upon Planning and Environnental Conmlssion and Town Council giving approval to the underlying zone district request. 15. The ballast on the existlng bullding shall be changed to natch the color of the metal roof of the proposed addition. l*""'i o applicant ehall repaint the exLstlng llarriott Mark a manner tbat le conpatlble wLth the new development Ian. The applicant shall also nodlfy the exl.stLng lcony raLlings on the ltarrlott ltark. 'Theee two rovernents to the exlsttng ldarriott ltark shall be ted into the Design Revlew Board and bullding t subnittals for tbe Developnent PIan. A rary Certlficate of Occupancy shall not be released for the Developnent Plan untll tlre repal-nting and balcony ralllng work Ls conpleted. If the weather prohibits the conpletion of any of the above lmprovernents, the appllcant shall be requt-red to provide a letter of credit to cover 125t of the construction costs for these lnprovements. The agreement stlpulatlng how and when the lnprovenents will be conpleted and the dol.lar amount and for:rn of letter of credit shall be subnltted by the appllcant to the Town Attorney for approval before a ternporary certifLcate of occupancy may be released for the developnent plan. J. LimitatLon on Fireplaces. t{ood burnlng flreplaees shall not be pernitted in any dwelling unlt, whether a tine-Ehare estate or an enployee housing unit nor in any public areas. Any gas fl.replaces shall neet the criteria set forth in Tovn of Vail ordinance No. 24, Series of 1983 and Ordinance No. 28, SerLes of 1987, as anended frorn tinre to tine. K. Recreationaf Arnenltles Tax. The recreational anenitles tax due for the development wlthln SDDT ehall be assessed at a rate of $f.oo per square foot of floor area and shall be paid prlor to the issuance of a building pernit. sEcTIoN 3. sections Declared fnvalid. If any part, section, subsection, aentence, clause or phase of thls ordinance is for any reason held to be invalld, such declsion shall not affect the validlty of the renalning portlons of thls ordinance; and the Town council hereby declareE it would have passed ttrls ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or nore partE, sections, subsections, sentences, clauses or phrases be declared invalid. SECfION 4. Confllct with ordinance No. 3. Series of 1977, If any part, section, subsectlon, sentence, clause or phrase of I conflicts with any part, sectLon, eubsection, Eentence, lause or phrase of Part I of SDD No. 7, the langruage contained in this ordinance shall control . llhe lown Council hereby fLnds, deternines and declares that thls ordlnance is necegsary and proper for the health, safety and welfare of the Town of Vall and the lnhabitants thereof. SECTION 6. Repeal and Re-Enactment. Ihe repeal or the repeal and re-enactment of any provisl.on of the vall Uunlclpal Code as provided in this Ordinance Ehall not affect any right which as accrued, any duty inposed, any vlolation that occurred prlor to the effectlve date hereof, any prosecution connenced, nor any other action or proceeding as eornmenced under or by virtue of the provlsion repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance prevlously repealed or superseded unless expressly etated herein. INTRODUCED,READ AND PASSED ON FIRST READTNG TIIIS DAY OF vall l.luniclpal , 1990 at - p.n. ln the cou;Alfthanbers of the Building in Vail, Colorado. Ordered published in fuII this day of ,1990. KENT R. ROSE, l,tAYOR ATTEST: PN.tErA A. BRN{DUEYER, TOWN CLERX INTRODUCED, READ Al{D APPROVED ON SECOND THIS DAY READING AND ORDERED OF PUBLfSHED , 1990. KENT R. ROSE, UAYOR ATTEST: PNIEI,A A. BRANDUEYER, TOWN CLERK a' ffitu ORDINAI.ICE NO. 22 (sERrES OF 1990) AN ORDINANCE A}IENDING SPECIAL DEVEI'PI.IENT DISTRIqT NO. 7 COMI,IONLY REFERRED TO AS THE UARRIOTT UARI( RESORT AND THE DEVEIPPI.IENT PI,AI{ IN ACCORDN{CE WTTH CHAPTER 18.40 OF THE VAIL }II'NICIPAL CODE AI{D SETTING FORTH DETAII.,S IN REGARD THERETO I{HEREAS, Chapter 18.40 of the Vail llunicipal Special Developrnent Districts within the Towni and Code authorizes I{HEREAS, Special Development District No. 7 for development of Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing was originally approved by Ordinance No. 3, Series of L977, and subsequently anended by ordinance No. 25, Series of 1981 and ordinance No. 5, Series of 1982i and I{HEREAS, the Applicant and Owner (M-K Corporation and Marriott Corporation) desire to make amendments to Speciat Developnent District No. 7t and WHEREAS, the Anendnent to Special Development District No. 7 will insure unified and coordinated developnent within the Town of Vail in a manner suitable for the area in which it is situated; and WHEREAS, the Planning Comrnission has recornmended approval of the rnodification to Special Development District No. 7; and WHEFEAS, the Town Council considers that it is reasonable, appropriate and beneficial to the Town and its citJ.zens, intrabitants and visitors to anend Special Development District No. 7. NOW, THEREFORE, BE TT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COIORADO, THAT: SECTION 1. Anendnent orocedures fulfilled, Plannina Couunission report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the report of the Planning and Environmental Cornnission recommending approval of the proposed developnent plan for Special Development District No. 7. t a SECTION 2. No. 3, Series of No. 6, Series of read as follows: Anendnent to Prior ordinances.Anendment Ordinance of 1981- and Ordinance addition of Part II to L977, Ordinance No. 25, Series 1982 are hereby aroended bY the 1. Special Development District No. 7. Part II of Special Development District No. ? ('rSDDTn) and The Developrnent PIan as herein after defined and set forth is hereby approved for the continuing development of Lots 4, 7, C and D, Block 1, Vail Lionshead Third Filing located within the Town of Vail consisting of 5.L7 acres (225,2o5 square feet). 2. Puroose. Part II of SDDT ls hereby established to ensure conprehensive developrnent in the use of an area that will be harmonious with the general character of the Town of Vail and the existing SDDT and to pronote the upgrading and redeveloprnent of a key property in the Town of Vail. The anrendrnent to SDDT is regarded as complinentary to the Town by the Tordn council and rneets all design standards as set forth in Section 18.40 of the Municipal Code. There are significant aspects of the Amendnent to Special Development District No. 7 which cannot be satisfied through the inposition of the standards in the existing SDDT or under existing zoning. The anendnent to SDDT J-s cornpatible with the upgrading and redevelopnent of the community white rnaintaining its uni.que character. 3. Definitions. A. Tine-Share Estate shall be defined as set forth in Section L8.04.42O of the Town Municipal Code. B. Bmplovee Housina Unit shall be defined as follows: A dwelling unit as shown on the Redevelopnent Plans, marked as Eutployee Housing Unit. 4. Develonnent Plan. A. A devetopnent plan for Part II of SDDT is approved and shall constitute the plan for the redevelopment of a portion of SDD7. The redevelopnent plan is conprised of those pLans subrnitted by Arnold, Gwathney & Pratt Architects and Dennis Anderson Associates, Inc. as set forth bel-ow: 1. 2. Landscape Plan by Dennis Anderson Associates, June 4, 1990. Inc. dated Site Plan, Floor Plans and Parking Plans by Arnold, Gwathney & Pratt Architects dated Uay 14, L99O. Elevations and Sections by Arnold, Gwathney & Pratt Architects dated ltay 14, 1990. Environmental Inpact Report by Peter Jamar Associates, Inc. dated ltay 10, 1990. The plans listed ln 1 through 4 above shall for the purposes of this ordinance be referred to as rrThe Developnent Planrr. B. The development plan shall adhere to the following: 1. Setbacks. Setbacks shall be as noted on the Site Plan Ilsted above. Heiqbt, Heights of structure shall be as indicated on the elevations listed above but shall not exceed 48 feet measured vertically fron existing or finished grade at any given point to the top of the flat roof, mansard roof, or to the highest ridge line of a sloping roof. Site Coveraqe. Site coverage shall be as indicated on the site plan listed above. Landscaoinq. The area of the site to be landscaped shall be as indicated on tbe landscape plan listed above. A detailed landscape plan shall be submitted to the Design Review Board for thel-r approval . Parking and Ioadincr. Parking and Loading shall be provided as indicated on the site plan and floor plans as listed above. In no case shall the parking provided on the total site as covered by SDDT be less than 400 spaces. 5. Density. The existing development and conditions for SDDT shall be as defined under ordinance No. 3, Series of 1977 and under Ordinance No. 26, Series of 1981 and under Ordinance No. 5, Series of 1982. The approval of this Part fI of SDDT shall pennit an additional 55 drtelling units which shall be used as tine-share estates and 10 2. 3. 4. 3. 4. 5. 7 dwelling units which shall be used as enployee housing units. The 56 dwelling units used for tiure-share estates shall not exceed L200 square feet of gross residential floor area per unit for a total of 67 r2OO sguare feet of GRFA. The 1O dwelling units used as employee housing shall have a gross residential floor area per unit of approxinately 400 square feet, and shall have a maximum total of 4000 't square feet of GRFA. 5. Permitted, Accessorv and Conditional Uses.Time-share Estates and Enployee Housing Units shall be the only pemitted uses for the 66 dwelling units as set forth in The Developnent Plans. Accessory and Conditional Uses shall be as set forth in the High Density, Multiple Fanily Zone District. Any additional requests for tiroe-share units shall require a major amendnent to sDD7. 7. Restrictiong on Ernplovee Housino Units. A. No Enployee Housing Unit shall be so1d, transferred or conveyed unless such sale, transfer or conveyance is to a non-profit Condoniniurn Association formed to rnanage the 56 tine-share estates. B. No Enployee Housing Units shall be leased or rented for any period of less than thirty consecutive days and it shall be rented only to tenants who are full-tine enployees in the upper Eagle Valley. The Upper Eagle valley shall be deerned to include the Gore Valley, Minturn, Red Cliff, Gilnan, Eagle' Vail, Avon and tbeir surrounding areas. A futl tine employee is a person who works an average of thirty hours per week. c. An Employee Housing Unit shall not be divided into any form of tirne-share estate, interval ownership or fractional fee. D. The restrictions contained in this Section 23 shall be placed in the Condoninium Declaration for the benefit of the Town of VaiI and shall not be changed without the consent of the Town of Vail. E. Each enployee dwelling unit shall have a total gross residential floor area of approximately 4oo square feet. F. The owner,/applicant shall subroit to the Town Attorney covenant permanentty liniting the use of the ten employee dwelling I units to long tern enployee rentals ln perpetuity. once the covenant is approved by the Town Attorney, the agreement shall be filed of record in the office of the Eag1e County Clerk and Recorder to insure that the restrictions shall run with the land. The covenant shall be recorded prior to the lssuance of a bullding pernit for The Development PIan. The covenant strall include the conditions as set forth in Section 2, Paragraph 7A-D above. 8. Amendrnents. Arnendments to the approved developrnent plan shall follow the procedures outlined in Section 18.40.100 of the VaiI ilunicipal Code. 9. Conditions of Approval for SDD7. A. A detailed drainage plan and other design issues relevant to public works shall be subrnitted and approved by the lown of VaiI prior to the issuance of a building pennit. Potlution control devises shall be incorporated into the parking garage per the subnitted environmental inpact report. Gore Creek shall be protected fron any construction inpacts by the use of an erosion control plan. 9lorking in coordination with the Town Staff the applicant shall fund and conduct a comprehensive traffic study of the t{est Lionshead Circle area suitable for deternining the appJ.icant's contribution to the cost of constructing any necessary turn lanes on the South Frontage Road to West Lionshead Circle. Preliminary design and cost estimates for the turn lanes shall be provided by the applicant. At a mininurn the applicant shall be responsible for contributing an amount of noney to cover the applicantrs share of the cost of the road inprovernents so determined by the conprehensive traffic study for West Lionshead Circle. . B. A prelininary design and funding strategy for constructing any turn lanes shall be establlshed prior to the issuance of any building pennit and the turn lanes shall be conpleted prior to the issuance of a ternporary certificate of occupancy for the developnent plan unless otherwise deferred by by the Town of Vail Community Developnent Departnent and Public Works. The funding and construction o plan must be approved by the Town of VaiI engineer, Connunity Development Departnent, Town Council and Colorado Division of Highways before the buildlng pernlt is released for the exPansion. The Applicant shall be reguired to subnit a Colorado Department of Highways Access Perrnit Application on behalf of the Town for the West Lionshead Circle,/South Frontage Road Irnprovement. A signed colorado Department of Highway pernit must be obtained by the applicant before a building pernit is released unless such permit is not necessary as confirned by the Town of Vail Conmunity Developnent Department and Public l{orks. c. All aspects related to the tine-share estates of this facility shall comply wlth all applicable Town ordinances that regutate time-share activity. Tine-share units that are not sold for certain weeks shall be made available to the public as short tern rentals. D. Detailed landscaping sinilar to the weetlnHotel landscaping along the recreation path proposed on Town of Vail property shall be subrnitted by the applicant to the Toltn of Vail Landscape Architect and Engineer for approval before such proposal is submitted to the Design Review Board. AII landscaping proposed on Town of Vail land shall be maintaLned by the applicant. E. The applicant agrees to regrade, revegetate and repair the drainage on the bank adjacent to the bike path along the southern property line of the trlarriott Mark Hotel by August 1, 1990. A letter of credit in the anount of S shall be suburitted to the Town of VaiI before second readlng of this ordinance. the landscape and drainage work shall be subnitted to the Town Engineer, Landscape Architect and conmunity Developnent Department for approval before the proposal is presented to Design Review Board. F. A tenporary certificate of occupancy shall be not released for The Development Plan until all site improvements have been conpleted such as sidewalks, landscaping and drainage as set forth on the development plans. If the weather prohibits the conpletion of any 'i \lv improvement the appllcant shaLl be required to provide a letter of credit to cover 125t of the construction costs for these inprovements. The construction estirnate shall be reviewed and approved by the Toltn Engineer and Landscape Architect. The agreenent stiPulating how and when the improvenents will be conpleted and the dollar amount and forn of letter of credit shall be submitted by the applicant to the Town Attorney for approval before a tenporary certificate of occupancy may be released. c. Before a temporary certiflcate of occupancy is released the applicant shall plat and record a public easement to ensure public access through SDDT on the proposed sidewalk inprovenent on The Development PIan. The applicant shalt subnit the proposed easement agreernent to the Town Attorney and Town Council for approval prior to recording. It. Applicant shalt not narket Tirne-Share Estates on the streets, public rtays or public places within the Town of VaiI. I. No arnplification of sound on the greenspace created by the renoval of the two tennis courts shall be allowed for conventions or other special events. J. Landscaping beyond sod shall be provided on the landscape terraces over the parking. K. Additional landscaping shall be provided along the west elevation of the parking structure. A mix of deciduous' ever€treens' and shrubs shall be provided of a size adequate to screen the structure aE nuch as possible. The applicant is dl-rected to work with vail Associates on the landscaping buffer. L. All loading areas shall have additional landscaping and screen fencing. l,l. The amendments to Special Development District No. 7 are approved conditional upon Planning and Environnental Conmission and Town council giving approval to the underlying zone district request. N. The ballast on the existing building shall be changed to natch the color of the rnetal roof of the proposed addition. I 9. Linltation on F1replaces. be permitted in any dwelling unit, enployee houslng unit nor in any shall rneet the criteria set forth Series of 1983 and Ordinance No. tlme to tine. o Wood burning flreplaces Ehall not whether a tl-ne-share estate or an publlc areaa. Any gas fireplaces Ln Town of Vail ordl-nance No. 24, 28, Series of 1987, as amended from .a 10. Recreatl.onal Anenities Tax. The recreatlonal anenitl.es tax due for the development wlthin SDDT shall be assegsed at a rate of S1.00 per square foot of floor area and shall be pald prlor to the issuance of a building pernit. SECTION 3. Sections Declared Invalid. If any part, section, subsection, sentence, clause or phase of this ordl.nance Le for any reason held to be Lnvalid, such decisl,on shall not affect the validity of the renaining portions of this ordinancei and the Town Council hereby decLares it would have passed this ordl.nance, and each part, section, subsection, sentence, clause or phrase thereof, regardleee of the fact that any one or nore parts, sections, subsections, sentences, clauses or phrases be declared invalld. SECTION 4. trf anf an1lalt, section, subsection,sentence, clause or phrase of =--ction, subeection,sentence, clause or phrase oQ Part I SDD No. 7__-the language contained ln this ordinance shall control. SECTION 5.Health. Safetv and }lelfare.The Town Councll hereby finds, deternLnes and declares that thle ordl"nance is necessary and proper for the health, safety and welfare of the Town of Vall and the inhabitants thereof. SECTION 5. Respect and Re-Enactment. The repeal or the repeal and re-enactment of any provision of the Vall Munlcipal Code as provided ln this ordl-nance shall not affect any right which as accrued, any duty imposed, any violatLon that occurred prior to the of art II and Part I of SDD No. 7. / l. effective date hereof, any prosecution conmenced, nor any other action or proceeding as conurenced under or by virtue of the provision repealed and reenacted. The repeal of any provlsion hereby sha1l not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON TIRST READING THIS , 1990 at p.n. ln the Council Chanbers of the Vail ltunicipal Bullding in Vail , colorado. ordered published in fuII this _ day of ,1990. KENT R. ROSE, l,lAYOR ATTEST: PN.TEI,A A. BRANDMEYER, TOWN CLERK TNTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED TIIIS DAY OF , 1990. KENT R. ROSE, l.tAYOR ATTEST: PN,IEIA A. BRANDUEYER, TOWN CLERK DAY OF 9. tirnLtation on Fl-replaces. be pernitted in any dwelling unit, employee housing unit nor in any shall neet the criteria set forth Series of 1983 and Ordl.nance No. tine to tlne. 10. Recreational Anenities Tax. due for the developrnent within SDDT 51.00 per square foot of floor area issuance of a bulldlng perrnit. Wood burnlng flreplaces shall not whether a tLne-share estate or an publlc areas. Any gas fireplaces in Town of Vail Ordinance No. 24, 28, Series of 1987, as amended from The recreational anenities tax shall be assesEed at a rate of and shall be paid prior to the SECTION 3. Sections Declared Invalid.If any part, section, subsectl.on, sentence, clause or phase of this ordinance ls for any reason held to be invalid, such decision shatl not affect the validity of the renainlng portions of this ordinancei and the Town Councll hereby declares it would have passed thls ordinance, and each part, section, subsection, sentence, cl.ause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrase SECTION 4. s be declared inval If any part, eection, subsection, sentence, clause or phrase of Part II confllcts with any part, section, aubsection, sentence, cfause or phrase of part r of sDD No. 7, the language contained in this ordinance shall control . sEcTIoN 5. Health. Safetv and tlelfare. The Town Council hereby finds, deternl-nes and declares that thls ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabltants thereof. SECIION 6. Respect and Re-Enactment. The repeal or the repeal and re-enactment of any provJ.sion of the Vall Municipal Code as provided in thls Ordinance shall not affect any right whlch as accrued, any duty imposed, any violation that occurred prLor to the art II and Part I of SDD No. 7. improvement the applicant shall be required to provide a.letter of credit to cover 125* of the construction costs for these irnprovernents. The construction estimate shall be reviewed and approved by the Town Engineer and Landscape Architect. The agreement stipulating how and when the improvenents will be conpleted and the dollar amount and forrn of Letter of credit shall be subrnitted by the applicant to the Town Attorney for approval before a ternporary certificate of occupancy nay be released. G. Before a temporary certificate of occupancy is released the applicant shall plat and record a public easement to ensure pubJ.ic access through SDDT on the proposed eidewalk irnprovenent on The Development Plan. The applicant shall subnit the proposed easernent agreement to the Town Attorney and Tohrn council for approval prior to recording. H. Applicant shall not market Tine-Share Estates on the streets, public ways or public places within the Town of VaiI . I. No arnplification of sound on the greenspace created by the rernoval of the two tennis courts shall be allowed for conventions or other special events. J. Landscaping beyond sod shall be provided on the landscape terraces over the parking. K. Additional landscaping shall be provided along the west elevation of the parking structure. A nrix of deciduous, everltreens, and shrubs shall be provided of a size adequate to screen the structure as much as possible. The appticant is directed to work with VaiI Associates on the landscaping buffer. L. All loading areas shall have additional landscaping and screen fencing. l,t. The anendments to Special. Developnent District No. 7 are approved conditional upon Planning and Environmental Connission and Town council giving approval to the underlying zone district reguest. N. The ballast on the existing building shalL be changed to match the color of the metal roof of the proposed addition. I February I7, 1988 Deslgn Review Board Town of Vail Re: Marriott Mark Temporary Summer Tent Dear Sirs, ' i :' In referring to a copy of the sketch and the attachedletters used in reference to our complaint against the Marrlott Ln 1976 you can understand my concern on the approval & use ofthe rrSummer Ten trr . In the way the Marriott buildings J-ine up along wlth the huge cement west side of the Antlerrs HoteI an excellent ampitheater situation is formed, with sound travellng across Gore Creek and reverberationg against the mountain. This areaof VaiI is much narrower because the mountain projects much furtherout to the north and is steeper than other areas in town, thus confining sound. In I976 we nearly went crazy with the sounds of bands, partLes, and conventions using the Marriottrs and Antlerrs outside areas. Although the noise travels all hours of the day, the evenings with amplified bands were the most irrltatlng. lte hve a poor situation where a very large' maior hotel group boarders right next to a quiet residential area. This I admit was poor plannlng in the beginning, and f am sure there was not the realization that such massive buildings would be buiIt, as opposed to the smaller traditional lodges in the core. Because Forest Road was in the orlglonal filings of Vall I .: think we have some grandfather rights to piece and quiet over the newer commercl.al hotel area to the north- Atthough the Marriott has extensive ballroom facilities they seem t6 consistently rrseIl the green area & pool deck arearl on the creek side of the hotel for lirge functions. TherrTent'l can only inhance this ttsellrr. In representing the residents of west Foiest Road we would tike to ask that your committee give a great deal of consideration to the approval of this tent, and that restrictions be place on it as far as hours of use and the type of use, especialiy in the evening. We certainly do not want iate amplified bandsr or trmusic festival" type events, going on af t.er sunset. If approval is granted, please make it on a year to year basis so that a review of problems can be made. Sincerely, -.- ',.1 '' I A";/g -/ ta"<-)rtt Mr. &/Mrs. Thomas Jacobson, Jr. 765 Forest Road VaiI' CoIo. 47 6 -5957 i l,,i / li-/i i ,..,s / I '. ; ,! r'1 s,I tt Cg ,, .. I '. gCI/ ''t', 't :, t. tF / t-do Efil v!, --ET\ t F o a 0,c { i ; I 5€ rl \,-t bl c, or\t l- I; - | l. [.J: ,o r i rlf iii d 'al' /jrc/-I ]I i\'\] ) i. ' l - T',i" \It\ i\ a(I ofv Fo eJ o(IIvo\5 t u,(.--=_--fi : ,i j Ft jtir_l \ T\T \* i i \t l1 SuIy 28, 1986 Mr. Ron Phillips Town l4a na g erVaiI, Colorado Dear Mr. Phillips, My husband and r-are year-round resldents of Vail, rivingat 765 Forest Road. r am writing you regarding the frustrationswe have nlth the loud music that-his bee; im;;;ting our neighborhoodas a result of the bands and their amprifier! thit have beenplaying outside at the Mark Marriott. Last night we had flnally had. enough. After eight p. m. myhusband calred the Marriott ana asked tJ speak nitn tn" nightmanager.or the peT:9n in charge to register our complaints ofthe loud music. After reporting the matter to 14r. Mike Robinsonwe did not notice any differenc6 in volume in the next succeedinghalf hour. At that time rve called the Town of Vair police oepirimentand spoke with Officer Rod Baker. He said he wourd check to see ifthey^had an'ramplification permitr, and if they Jio not he wourdnotify them of the complaint, (they did not have a permit). Later that evening we decided to go to the porice Departmentand make a formal compiaint. lve did so because we are tired ofthe Marriott having so little regard for t'he residentiaf neignbornooOthat they are ln. rn the event that the Marriott makes application for anrrampllfication permit'under the Torvn codes i:.it"a tn g-24-060section H, we want it to be kno'n that in no *ay and under nocircumstances should this be granted. The layout of the-oriiaingand the patio on the south side along rvith tire cement tennis courtsand the cement end wall of the Antrer! and the creek cause anatural amphitheater effect with the sounds resounding across atus and against the mountain. rf the Marriott wants to use theseloud amplified bands and groups they have plenty of indoor r;;;;ln their ballrooms to accomodate them rvithout uLing offensive toour neithbood. Please contact us if you have_any further questions, and wewourd appreciate your keeping our letter on file with their businessl_icense along wi-th a copy of the case file and compraint and "urron"#86-3005 Sincerely, Mr. & Mrs. Thomas Jacobson, Jr. a lnwn 75 soulh fronlage road vail, colorado 91657 (303) 476-7000 Ar.tSuAt l, 1986 tal office ol the lown manager Itrrt. and lha. Thonot Jacobaon, Jn,765 ForLut. RoodVeU, C0 81657 Oeot Cittd.q and Tom: Ron ?hill-Lpa hu athed ne to .ttupond .to an inc.ident. invoLvingI pniva'te eonpraint agatuut the hauiott uata, wriin-icitzeaIn^tt weehetd..' I have attached a Le.t;ten I Aer4t to the genatal nuwgen od thetlMrLL:r/. Ma1b, MLbg Robiuon, arrd abo -a cop,J o[ thL Suninoya andConpllint into Municipl Cotit, to wh,Lch thz" uainiiiilt a"t equk ed to n et no nd. -' Adt).tio na.u.q, t. t p o i. i- wii- w. - a- ii a *7^ o ",di,t eu a ed the curut w* onpui i.el- il,L"a r: *^ia w.;.p;;," ;i' " in"uanl, ggpA o( thi.t ond.inonce don lui.r penutat-. I '[ee.L cei,l"ti he wilt6.otlow the utdbtithon pficefline,' inoua ne,iin- ti- i'Iiiu' #uyrye o.[ ruch " ?l@t and, qou,L tenen-ni-;u;;^;;;'*,t otthe di.Le gott thit Wen,4au. shouLd. qow haue anglriiliona,(. cluett).ont, ple.aae d.o not he-ri.to.tz toeontdeJ me. lth.uiti.se, t pttuwie t witt-'r'ei-i;; i W,.r;inu 9,?y :l -lW da.q, Aus ut t'2 8th. 0 n b ernr.[- i { iiei ;.i -{', "u,un$onflLnatelq, .we aJLe not. arna4d atsane o[ theae oeurnen\ea uyrt;,Ltfleg aLe.annoqing. and. d]ttututitE, to .tonLo.ne. rhene6iii,*i ;piiigize 6orL an.J inc.onvewtenee we haye ad.ded to th,it rituatt;;-.--' ' Sineettel4, .r,9! 0,r vnt .l -9'(lrtttz Pm Bnandnequt Town Cluth cc: Ron Ph),Il-Lpt 4t 75 south trontage road Eil. colorado 81657 (303) 476_7000 Ju,tg 31, 1986 ?an fu.ondmeqen Toun CLath office ol lhe town manager Matut-Lot-tt t Manb Retoa,tl,tttt: Mihe Robfuaon, GenehaL Mansaah715 WeAt Uoultetd, Cituhe Vai.e, C0 81657 Oun Mih.z: Forr'owittg oun telenhone convQMaLlon todag ze,La.tiyrg to the anpx,L{Led.tound pzob!-en wi-c.h' occuttned. tnit pait-ieei.u.i, i ;;"rn r,iie' n{onwo,M. t9 tJou the appno^pni,ate aelen_on talzen dntn the MuniaLpotC.ode od, the Town od v'ait, aa weXt o,t iera,ot LpiA;;i;;'"fun th.i-ttgpe o{ puni.t.. AS4, a -pftIie hear,ing i.t tecaulned. on dnA.anplLdied. dound. punitap_pUtati-on dott a padld o( tine g,rnoten tnan' 5oi,n "onse,iire4eu6. l^-!#"W,,^ l- y.enclo,sirE. +..copq o.d .a. Letten o(,ptote,st tlQ,X.dtingto the .inoi.d.ent Latt weeheid lw.' ana" wu. Thona,s"tieouiii,' Jn.)--'9d- t."U zB, tet6l, wtvleh r.?,ttat *itt b; h;pi-;;l-il{"in' tnueu\.6"rye appl,baLlou {ott an anpt_Ldiea ioin iei*it wre'6uow.r.IQt to the Toum o6 Uail bq MMotl.'t Moab Ruot*. l^+tyd U,ou ha.ve: anq quetLioa,. o\ ne4uize add,Ltiona!. indonnation,p{QsAe do not hui,ta,te to conttc,t me. gincenelg, TOWN OF VML -/*6^ cc: R.on Ph,i.L(ipt, Town Llanagett;!tL, dtld [trtu. Thonwn Jatlobton, !tt. 765 Fonut Road_ VaiL, C0 tt6|7 PcoDlc Ol Thc St.tc Ol Colorrdo V3.tn tho Municipol Courl in ond for lheI Town ol Voil l ss. ond lha Slote of Colorqdo I su.-on, i.ro.a on Ju'lY 28. 1986 compt.int tita on 'JU1J 27 ' 1986 tuuou.t of Boad t TYPc-- N.mc oa Suicly (il any) 1 .M. ,M. .M. ,M- ..M.Dolcndarlt a Attot|rcy:c(rntinucd lo Conlioucd to Slny C.notcdAddr.st ,M. . l'L ,M. Clrrc Ched: MARRIOTT'S MARI RESORT DOB :I 0-1-48 D"I."d."t l',li ke Robi nson, General Manager orri*. Baker Jacobson PC N9 78r Sommons x,r. N53QE Firtt Appcrr.ncc Continucd to Conlinucd Trial Datc Defcndrnr war bcror",n. o,ur,on f,/ 29ttttt ottto*on''"" gL *irt'uur ""un'"' / Dcfc$drnt iv.! .9ptii€d ot hit ric'hlr, rdvis€d of thc tralurc of th' offensc' tn(l thc ltrssiblc penaltier' El' with his couns.l E CHARGES. PTEAS AND PROCEEDINGS Chlrt. t ()rtl Art Scc Plc:r li".'H^r." p..rtflfta 'r 55-1R-R-24-060iH rt,tr 2.,,*" ?/eg/gb G& Ju(lE€ r2. Sct tor t.iat t(D thc Orurl /ktr|Jutvof- on .19-, at - ll' .,', i4 1,4 '$ q '**'u'"'ul"1llit*itho'unscr D 'n""., d :rrl(l Tr]$'n AlkttneY. AJtc.con3idc.intthetcs|imonynndo.hcrcvidcncc.thacout/5f|)undthefu(cndnnl lnd imlllrtcd lhc l(rllowint scnlcncc: FINE Charre.l surlrnded Chaaa. t2 tutp'nded rucDcn(lcd Charte 3rrsttJrrllcd Ch.rrac Strt ol Er.rclrlirtrr atrlllc'd kl rustxj!r(lcd sustrcnrlerl t . _- ,All, Chlrac il susltt|(led : Ch;rrge 12 susD|,rrlcil cosrs t--- Ch.tEC (lrrttc .l$ _. &rnd FINES PNOSATION D€fcndonl nsked lqrve ol tbc Coutt lt) rDplv for probntiotr' Ilotion rrtnled' llcdiirrr set to (:"r'.liti,,r,i ot lt'n','lnr"FEES ^ND COSTS Clrc clorcrl on tho dry ol . 19 - . B.rnd conlinued to thai dllc' (:rr I Witneit Shcriff ,ut, Crurt TOTAL ,u(l|t. PAll) - lhlc Rccci||l , Project Application ProiectName: i\'','',\\ i'tv' k {- \'', Date Proiect Description: contacr person and ,non" I\\, Lr [, ;,. . ,, , t , . \ (,,.,,:.'.j Ban cood Dir€ctor ot Crbrino/ Conventbn Servic& Owner, Address and Phone:OrriottH Architect, Address and Phone: lit1?Siil"#ffil* 3@-47&,t{.t4 Legal Description: Lot Comments: Block Filing Zone 1 I Design Board tr''- Review I t II I DISAPPROVALAPPROVAL E Statt Approval o lir''.'{ :i/-- Project Application .\\ j , Project Name: I l'l Proiecl Oescription: Contact Person and Phone Owner. Address and Phone: Architect, Address and Phone: Legal Oescription: Lot Filing , Zone - Comments: Design Review Board I olte ii i' Motion by: Seconded by: 1 E Statt Approvat { $x5 {.- * .-2o, 5 z? 9-, qar -\. -,ITf4,.--,R -V *\ o,X \O)sfr d 4>Ja a-; & 3* ,r\lil -li Itl 1€ITE 1,,E t .t.zt tr \t v-fl -r---- Ets - E --- -..--r ---t-r-r l'ffi=t':E,!/flilffri= February 17, 1988 Dear Sirs, In referring to a copy of the sketch and the attached letters used in ref eren ce to our complaint against the Marr i ott In I976 you can understand my concern on the approval & use of th e rrSummer T en trr . In the way the Marriott buildings line up along with the huge cement west side of the Antlerrs HoteI an excellent ampitheater situation is formed, with sound traveling across Gore creek and reverberationg against the mountain. This area of Vail is much narrower because the mountain projects much further out to the north and is steeper than other areas in townr thus confining sound In I976 we nearly went crazy with the sounds of bands, parties' and conventions using the Marriott t s and AntIer t s outside areas ' Although the noise tiavels all hours of the day, the evenings with amplified bands were the most irritating' We hve a poor sitrration lrhere a very Iarge: maior hotel group boarders'r-lght n ext to a quiet residential area ' This i admit was poo" il-unning in the beginning, and I am sure there was not the realirition that iuch missive buildings would be buiIt, as opposed to the smaller traditional lodges in^the.- core. Because Forest Road was in the origional filings of Va11 I : think we have some grandfather rights to piece and quiet over the newer commerci aI hotel area to the north' Although the Marriott has extensive ballroom facilities they seem to consisi"nity "seII-the qreen^area.& pool deck prea" on the creek side of the hotel for lirge functions. TherrTent" can only inhance'15i, ","11rr' In repr6senting the residents of westForestRoadwewouldliketout'kthutyourcommitteegiveu-g""ut deal of consideration to the approval of this tentt and that restrictions be place on it as far as hours of use and the type of use, -"tpe"iufiy in the evening' !V9 certainly do not -"^t iut" utpfiiieO'bandsr or'' "music festival" type events going on after sunset. If approval is granted' please make it on a year to year basis so that a revi6w of problems can be made. Deslgn Review Board Town of Vail Re: Marriott Mark Temporary Summer Tent SincerelY t 1-..-/-21ArUg / -/av<->l Mr. &/Mrs. Thomas Jacobson, Jr ' 765 Forest Road Vail, CoIo. 47 6 -5957 i- .l \ ----irrtt ,u 1) ;) ,, 1s'lg) \J g s<u ro \o q, -'fifr,3 cS t-do E fic v!f(r * ,l F o a olg { J P \f) u< .E itrn ,'\$l- July 28, L986 Mr. Ron Phillips Town ManagerVail, Colorado Dear Mr Phlllips, _ My husband and I_are year-round residents of Vail, livingat' 765 Forest Road. r am writing you regarding the frustrati6nswe have with the roud music that has been tmpactlng our neighborhoodas a resurt of the bands and their amplifiers that have beenplaying outside at the Mark Marrlott. Last night we had finally had enough. After elght p. m. myhusband carled the Marriott and asked to speak wi th ihe i.,ignt ma na ger or the person ln cha rge to regi ster our complaints ofthe roud music. After reporting the matter to l4r. Mike Robinsonwe did not notice any difference in volume in the next succeedinghalf hour. At that time we called the Town of Vail PoIice Deparimentand spoke with 0fficer Rod Baker. He said he would check to see ifthey^had an'ramplification permitrr, and if they did not he wouldnotify them of the complaint, (they did not have a permit). Later that evening we decided to go to the porlce Departmentand make a formar complaint. we did so because we are tired ofthe Marriott having so little regard for t'he residential neighborhoodthat they are in. In the event that the Marriott makes application for anItampllfication permit" under the Town codes ilst"d in g-24-060section H, we want it to be known that in no way and under nocircumstances should this be granted. The rayout of the buirdingand the patio on the south side along with the cement tennis courtsand the cement end wall of the Antlers and the creek cause anatural amphitheater effect with the sounds resounding across atus and against the mountain. rf the Marriott wants to use theseroud amprified bands and groups they have prenty of indoor spacein their barrrooms to accomodate them without being offensive toour neithbood. PIease contact us if you have any fu rther questions, and wewould appreciate your keeping our retter on fire with their businessricense along with a copy of the case file and complaint and summons#86-1005 Sincerely, Mr. & Mrs. Thomas Jacobson, Jr. 75 soulh fronlage road vail, colorado 81657 (303) 476_7000 k:euAt l, 1986 Wt, and W. Thond,s Jaeobaon, Jn. 765 Fonut Rood. VaiL, C0 81657 Oeatt Cind,q and Ton: office ol lhe town manager Ron Ph.illipt lnt atbed ne to tLupond to an ine.i.dent. invoLvLnga pniva,te eonplaLnt agz,inat the taauiott Manb, wh,Lch c,ectmf,dIn^ot weehend. I have attsn-hed a Le.t;ten I sent to the genena.L nenagelL o( theMuniott. Manh, MLbe Robiuon, and, a.%o -a eopt1 o( th-e Siuninoyw end, Conplai"nt. into lluninipa"L Count, to wluLch th,z'Miluiotl. wi.II be t ,yl.niJred to,netponl. Addi.tionaLtg, I. apolze wi.th MrL. Robituon, ct'tAeLL668.tI the atLrLent anplL{ied tound. penni,t. wocQ.b6, and inctudei.g go"pA o.d tlvi^t oftdJtunce {ott h,i.t pe)LuAaI. I 'dee,(- cejrtain he witl 6.0t/!tn the utnbt-Uhel pzoeefune,' ;llould lte wUn to puaue #u+rye gi y* a puiil., and. gbun Le.ttu lnt berome o poat o5the {i.Le {on t-hi,t pteni^su. ShowLd tlou haue anq add,i;tional quuti.ona, p!-zwe do not hcti,ta.te tocovt'tdet. me. 1thetwiae, r pnuune'|. tllilr A'ee qou in lrlunia,Lpa.(. Coustt .on T.luntdag, Augutt ZBth. 0n behaLd o{'thef won o6-Vail,un6onnrn0tQ'La, we o,fte not. alnap onane od thete ocunucu uttti,t Yy tuu.wmogiurrg. and diuutttating. to 6oneone. Thenz{on-e, i apologizz 6uL dnq ltnonvenlence we lwve added to th,it ti,ttniioi. Sineuetg, .rrytry.gr vML ,/'-g'Arrtt/ Pan Uundnequt Tattn Cl-enb cc: Ron Phi,t)-{pt 75 soulh fronlage road vail, colorado 81657 (303) 476-7000 Ju.t4 31, 1986 otfice of lhe town manager lla,u,Lotl., a, Manb RetontAttn; ttribe Robituon, Gwtetul Manaaeh 715 Aett liouhead CitrcIe V&U, C0 81657 Oen lLLhe: Foxr-owing.oun terephone convenla-tion todaq ncbring to the anpl,t{Lel.tound pzobL-en w4h ocanned th,it pa$ weeizend, I i;uH ilie tof"yq l? Ag the.ap.pnopnia.te ae,e.tion tatzen inom t\i Uunic,tpotcode 06 the Touh o[ VaiL, a-t we,II a.t dzvetu!. appli-catioru 5on tM.ttape o6 puni.t.. Ag4, a.pblit heaa,ins it .neq,uined on eylq onpl-Lgiet tound puni,tappl'itotlon {ott a yteni-od o( t)ne gneatQtl'tl"o' 6oii-coie.cittue4444. Mdnonn-LtU,, L y ualotivg. q .coptl o.( a Le.tten od potett ,Le_t ,LWEo LlLe Ma-i.d.enl. Loat weehand (lrUL. dnd Mnt. Thomat-Jaeob,son, Jrt.,datet JuLU 28, 1986l, whi-ch Le,t,ten wijl be hept on lUe i'ne'event $utulLe appllta.tjnra {on an wnpXidied mind peinit ane 6ubru.dl.ed. to theToutn o{ Vai}-bq Matuti-otlra Moab Remnt.. Shou,U. g,ou Lta.vg anq quutioyta, uL necluitte addi-tioywt in(oanaLLon,pLet8e d.o not heti,tate to eonts.c.t. me. Sincenelq, TO,ii/N OF VATL)n -f,,4LQA0'4t dflUtAltV Pan funndmet1en I Town CLah sc: Ron Phil-I-Lpt, TorM;)tr. ond lilu. Thonnt 765 Fonut Roa.d. Vai.t, C0 81657 tldnagen Janob6on,Jtt. In tho Municipol Courr in ond lor theI Town ol Voil ) ss. ond tho Slole ol Colorodo I s.,..on. i3ru"d on Ju I y 28 . 1986 io.pt"inr tiba on -ildJ-22J98.6,- AEount of Bood f -TYDG- Neme ol Surcty (if anyl Delctdst|l s Atlorncy: Addrcrs Tclcphonc: ' PcoPlc Ol Tlrc Strte Of C-olorrdo ]'IARRI0TT'S MARK RESORT DOB 10-1-48 o't.''a-' l'like noUinson' General Manager offi"., Baker Jacobson PC N9 Summou xo. N53Q5 First APPGarnncG Conlioucd 781 t .M. ,M. ,,M. .M. ,M. Continued Tiiil Dato Continued lo Continucd to Slrt C.lntcd ,M. Crse Closed DctGrdrot wasberore,n. o,u., on f,/ X9t'ttt ott'o*^oli' S'' '-"^"ur-un*t / withhirdrun€l B Dfcndaol wes tppril€d of hii ri8hl3. adviled of thc naturc of lho offense. and thc fxttsihl€ penatties. Uf CHARGES. PTEAS AND PTOCEEDINGS Ch.ric S" Ottl Art S€c - - - 9:: f r.'-'ltni qp Prnhi hi tpd ' r 55- 18-8-24-060{ H D,,"fu-/e1kbi2.,2. Jurlqc ,19-. nt - trl' SGt for lrirl tolhc Aruit- /to Jurvol- on o,-)AJJl-'r, g,b n[l*lred rerrtlY for trial Ajtlr C1tnsid.tinl thc tetlimony nnd oth.. Gvid'nct. thc Court/SfDund the Dclcndxnl IRIAI . Dcl€nd$nt.lry nd with Orunstl E . rt.* d lrrl Tr)$d AlkrrncY' ltial wus hcltl: lnd imporcd the lollowinl scolencel FINE .l- ruspended rZ susPendcd ruspended surlxnrlctl ,^II, Chargc Fl suslrcnded - Ch$rte t2 susPenderl - l; Chl|r|le suspcr ed t Charye susltcodcrl t cosTst_-- Orarac Ora.tc Charto Ch:rtac St&y (|l Er,rculir|t| *.trttlc\l kl .19 -. -t PROBATION ' Dclcndant ar&ed lcavc of the Court h spplv lor prolrtti(tn' Motioo atanted' lle:rrina s€l kl , lg - . &)nd continued to thnt drl.. ()n'dilit'r'r "I FEES AND COSTS.t Totel Wilnctr Shcritl ,urv Couat TOTAL COPY p^lt)-Dt|lc C.E closd on tlE rlly ol . t..) -(:lu I / J tL t''- tt Project Name: Proiect Description: Contact Person and Project Application i!t1r1-;i :' \li ,lli Owner. Address and Phone: Architect, Address and Phone: ., Legal Description: Lot 'i , Block i , Filing Comments: , zone .,\;r rl Design Review Board h+l LI O r-tJ/^-t^4 I/ Motion by:Arrzz n- Seconded by:t).tNt..l ,'fir"-ouoi ),__...-t-DISAPPROVAL fi - .--.' Summary: E statt Approval \ ,l I I I.F I -ltrl -. I l, I I 75 soulh tronlage road vail, colorado 81657 (303) 476-7000 olllcg ol communlly development Fso Paid stGl{ A?PLtcAllA{ Dc'fe xan*: of t'rojr:ct, - $afft$g$\orVG"so'l flasrc of Pcr:on sulnittine !t^\&.nl\Igr'l\... l'irone qqq'Q?qb Proj cct 1lq \{ LronshpoA 8'.loLocation of Dcscri pti bn ;|€loF Projcct The f ol 1o'rri ng to the Design Sign submittal A. Sign Mater inforrnation is required for submittal by Revicvr Board before a finaJ approval canfee is $20.00. the applicant bc Aiven. too\ trrt ts l.ffiti r"hl" Materia I Descripti on C. Size of S'ign 1.0 \to'"o" D. Comments Site Planl. 2. 3. 4. 5. 6. Sign Adnrinistrator Drawings sh'iling nxaEt 'location r' Fr'otosiipIi -inliii "g'-ii"n'ilj' iii.@ Actual Sign Co I o rgdg . s c alEl-r aw r n q Photosraph of sisn qrt.trs-Eqffiitt"I Approved for Di sapprovcd DRB Subnittal for DIiD Subnrittal Sl gn n?infiI s tra tor' - Project Application 22 llercb 1983 Project Name:Mrr?l6tt rg Mark Rcgort Project Descripl;sn; Praposed SlStr and Trash Compactof Contact person and p6sns aohc".i T'ryrnc?"y Gcneral Manage! 47€l-4444 Owner. Address and Phone:ll-K Corooratlon Kai.ser Morcus \ Architect, Address and Phone: ' Itcnnath S - fentworth , A. I . A. p-o- nor 2140 Vet-l . Colorado 81658 949-5396 Legal Descr Comments: Vall Llonsbsad iption:Lot 4t7 ,Block I ,Filing3rdFllllg ,zone-$DD- ,0/p JVAL S j/'-z-)( ;i/),a,Ac It:'12--s,f./rv44.4\l*. Motion by: i lSeconded by:ii.#+'&L,-ri N'J/:--' !)i,-- r. . .<-.f tDate // --{ '': -; >z'(.J Pt)/');;' iL Design Review Board DISAPPROVAL :;/t-ri /-tvs) /14/4.;-A rJt) ::,t--4 r.2/ "51, E statt Approval t lmn 75 loulh trontrgc rd. Yrll, colorrdo E1657 (3031 476-7000 department of community development April 12, 1983 Kenneth S Wentworth,AIA P.0. Box 2140 Vail, C0. 8.|658 Dear Kenneth: 0n Apri'l 6, 1983 the Design Review Board approved the signapplication as submitted, with the s'igns on the door takendown. The compactor was. disapproved as it did not meet Paragraphs 18.54.070.(O) ,fr) . Si ncerely, /r. ,l..(^ tu?r Jlm )ayre Town Planner JS/bb c ir.' o lnun n 75 3outh lrontage rd. vall. colorado 81657 (303) tl76-7000 llfll department of community development May 6, '1983 Kenneth Wentworth P.0. Box 2140 Vail, C0 8'1658 Re: Marriott's Mark Resort Trash ComPactor Dear Ken: 0n May 4, .|983 the Design Review Board approved the trash compactor enclosure as submitted. Si ncerely, 14.-t Jim Sayre Town Planner JS/bb o TO: FROM: DATE; Design Review Board Cornmunity Development Department March 4, 198'7 SUBJECT: Sign variance request for the Marriottrs Mark Resort APPLICANT: Marriottts Mark Resort: Mr. Michael Robinson I. REQUEST The Marriottts Mark Resort is reguesting a sign variance toallow a second business identification sign that has a totalsquare footage that exceeds the allowable area for the signby l-L square feet. Sign Description: 2r4rrwide x 8r2rt tong - l_9 sf; redwoodi white letteringMarriotttr t uplighting frorn ligrhts rnounted on the ground belowthe sign; location, northwest corner of the Marriottbuilding (see enclosed drawing) Presently the Marriottrs Mark has one 6 foot x 2 foot sign at theentrance to the hotel . The Mark may have up to 20 square feet intotar for both signs. This results in an additional 8 square feetbeing available for the second sign. The applicant is requestingto have a second sign that is L9 square feet. Therefore, they"ri?lce re.roe=tgd i" for "tt addition.l 11 =.ro"r" feEE-EFEIgn.oeror Ene seconct srgn. The applicant is reguesting a variance from the following sectionof the Town of Vail sign code: Section l-6.20.050 FreestandingrzwalJ_ or projecting Signs:Single Business Use, B. Slze, One square foot for-each fivefront lineal feet of building with a maximurn area of 20square feet, with a horizontil dirnension no greater than l_ofeet....cornbined maximum area for more than one sign shallnot exceed 20 sguare feet. The applicant has nade the following statement in support ofthe sign variance request: rrMany people who are unfamiliar with Vail have told usthat they have a difficult time locating the Marriott when they turn off of the Soutb Frontage Road ontoLionshead Circle by the Enzian. Since our only existingsign is a low, J-andscaped sign at our front entrance, itis not visible at the intersection of Lionshead Circle and Lionshead Place. We are proposing to install a 19square foot sign on the side of the building at thisintersection. tl II. FINDTNCS AND STAFF RESPONSES Before the board acts on a variance application, theapplicant must prove physical hardship and the board rnustfind that, A.There are s ial circumstances or conditions ato the Ia buildincrs, to hy, veqetation, sstructures or other rnatters on adiacent lots or wthe ad-jacent riqht-of-way w substantiallrestrict the effectiveness of the s n quesE].on however at such s ecial ci-rcumstances orconditions are un articular busi-ness orsetowcant desires to drawattention and onota enerallv to all busor elterpr Staff Response The Marriott Mark does have an idenfication problem dueto the largeness of the building and the fact that forthe entire project they are allowed onty two signshaving a combined total area of 20 square feet. TheRaintree Inn and Holiday Inn are hotels that have alsorecently received sign variances due to the size oftheir projects. Staff feels that the Marriott hassimilar special circumstances that warrant a slightincrease in the cornbined square footage for the twosigns. B. Thag.special circurnstances were not created bJ_ltre__ . Staff Response: Special circurnstances were not created by theapplicant. c.That the antin of the variance will be in eneral annon th the se of this tle and w 11 not be e vicinitv, to a acent erty, to the , or to the publ c welfare n qeneral . Staff Response: Generally, the proposed signage is in harnony with thepurposes of this title which states in Section 16.16.0i"0that rrSign location, configuration, design, materials and colors shoul-d be harmonious with the majesticmountain setting and the alpine village scale of theTown.rr Staff believes that the redwood sign and itssize are harrnonious with the surrounding setting andwill be cornpatible with the existing building. The sizeof the sign is also in scale with the rest of thebuilding and will not draw undue attention to itself. D. The yaTiance.applied.for does not depart frorn thepEovisijns_ of thiF title Fny.more than is required toidentify the applicant'= ,..rrl**"", The applicant is reguesting an additional LL square feet beyond the remaining 8 square feet allowed under thesign code. Given the size of this building, staff feelsthat the applicant is not requesting a departure fromthe provisions of the sign code any nore than is trulyreguired to identify the applicantrs business. IIT. STAFT RECOMMENDATION The staff supports the variance request for the l_j_ squarefeet. Staff believes that the sign is lrarmonious with thesign coders reguirernent that signige not call undue attentionto itself. Also, the request for the additional lI squarefeet does not depart drastically frorn the signage allowedwithin the sign code. Staff reconmends approval of therequest and feels that the applicant has rnade a strongattenpt to work with the sign code and submit a sign variancerequest that is reasonable given the provisions of the code. Qr! r 8, rtI i. s ry oo a{rl^AeP{ ffiq*.;-:5;r- tt4t-.' - G,.-- SretJ o It___s-\\_r_ tt--\\\s\\\ .- :L ----____, -- 'lt ---___-? -- ;i 2n l. llt\ :i-. ' 4.. rt-.---li ---- '.Ct.!o't'c :ffiF#k# I IY:c':(: E;i I!u: ; F: Iii t1 rrlvl 5HtllF'o= frz I II i lryc hcrlby spec,ticarrons and eiriiiiiffi Xlc propolr rrereuy lo br made as to furnish material and labor _ "o.-rr" alffi f ,Vit/ru^TD^r t r t,vctftu, Autho.ircd Signaturc Signlluro Sigoature Page No. ^'1u ,v,-4g"'r'e above specificalions, tor lhe sum of: dollars (g lilruprrrul e,gr,v"*yyfl l"Lrfd+i;i$f il!.ff _ingshop tocared " tntj?lli.lrair Business center PAo ft'f-'rfO e (*) . W enr+ V,\q tN(xrHa{s,r (Zf r$dp-AQgA: 14.o5 :ounce c<ir (th"r*,r.i (oVlTp.l)aTrd$ | AtL r{€4.f ts,cs Cpr*sD a.o,*..n/.<r,,,O(c.4;f4 } c,\et€p fP4Co':6D LtC-dnibr. S0or9 p65,.,sr-r-gD oue-arie{)1t'.c4'-J : Bpc";v r?rvts6do*.,J0 _ f,; n ilr-il,u* .Jc'i6 - At! taTbarrr'T() /4t pJ'i'd>f B+aec4:U) {:s_*t) I I I I ttt rve-fi n"4';d"e P:,'Til:T*0ff' tu'A/ all |?rata.lal rt 8ua..6taad to or ar ,oacrti.d .- --- ---"-'.--- -rnnc, rcco,o,n8 ro.,."o.io rr."rii]t'*-"-11-::li lo b. compr.r.d.n I wor'nanr,re t'on. invor nr rrr.. .ortt *;til:;;,,::t^:::t"rron ot d.Yr.tion tro,' .bov; 'r,rcrr,c..rl'.th.'i. or.r.n.r.L* tt i."r-ii."'ii ll]l u9on w"lr.n o.d?€, .nd w,l b.co,n! .n 3::rnr:fi;;..::li: **l ii:lz.1ij.;if;i:Tir.:T:.:::[.:.*::::: *f:l$ltr nf flrupo,ull _rr* "oo"u ',,.u,ffif.nC condrlront arc satiShCiory rniro do rhe rvo'r .s 'pc.,,;;;ilf,'fi ll'ltlrjlTllli;"You a'e. aurho',rcd ) wi I hd,awn rl:t:', n:1 tj.?r1"","11 i :; <79 --> troao3ar 3u lrrr r a oTo---T-- . ... M,\0acrrE ,,u\{I :'tt Sl^ii ^,rOF@l{,s?-M.€ cz-,ettaz-/,v+t:,iF w, tt' ]u 0atc ot Accegtancc: toqll l lt t COrryBGfil ttlo. t.&ob nr., /^r; ",;t*ffi day3. /'ffi )f,orriott5, Mark Kristin Pritz Town of Vail Planni.ng Corrnission 75 South Frontage RoadVail, C0 81657 Dear tr4s. Pritz: lvlany.people.who are unfarniliar with vail have told. us that they have adifficult tine locating the Marriott when they turn off ttie Soirtfr FrontageRoad onto Lionshead.circle by the Enzion. since our only existing sign " is a 1ow, landscaped sign at our front entrance it is not visible-at iheutersecti-on of Lionshead circle and Lionshead place. l{e are proposingto.install a l9^square-foot.sign on the side of the building.t tir:-r -- utersection. since there is no existing signage on the Lionshead placeside of the building, this may be permisliurE tuitrritr the code without avariable request. In-any cE6 the- sign is necessary to our business andfor the convenience of our custoners ind I respeiirirrii i"quurr youtapproval. Sincerely, I\WA.-- Ivlichael Robinson General lvlanager MR:ac Resort 715 Uonshad Clrtl:, Velt, Colcrdo 61 6St c 1]s3) 476{/gH October 6, 1986 ApplicationJtc October 6, 1986 APPLICATION FOR A SICN VARIA}iCE r. This procedure is rcquired, for any project requcsting a variance. The applicatj-on will not be accepted until all- information is subnitt: AppLICANT Nlarriott's l,[ark ResortA. NAME OF ADDRESS B.' NA}18 OF ADDRESS 715 lfest Lionshead Circle. Vai1. CO 81657 APPI.ICA,NT I S REpR;SEN1ATIVE Michael Robinson P. 0. Box 1806, Avon, CO 81620 pHONB 476-4444 ' ppggs949-4541 c.,NAME OF OWNER (print or type)Kaiser Morcus SIGNATURE ADDRESS D. .IOCATION OF PROPOSAI PHOiIE 476-4444 ADDRESS 7i j ir'::st Lionshead Circle. Vail CO 816s7 LEGAL DESCRfPTION lot 4+ blockl Filin9 E. FEE. $2o.oo,0&u[ I i. !:1 .!fuv iro*tns b-l;o.- o6w (over/ cPPracatrlon .i:orm lor a var.l.ancc St 5 A/ Page 2o -rJ { . ff. Four (4) copies of the following informatj.on: A' A statemenu.of the-prccise_ nature of the.variance rcqucst,ed,the regulation. invoivea',-."a ti," pri"ti"oi"i:.rri.cutty or unnnec3s3:physicar hardship i""o""irlcnt wilh trr- ouicctives of this titrethar wourd resulr it"* "tii"t "i-iit"tJr"iil"rpretation an<r en:o=c:ment of the specified. regulation. .'rt,.suaElon and B' A site o1"1 .shorving all existil? u.d proposed features on thesite' ana oir aajoining'=IIJr..r"_necessary, .pertinent to the va.ria::irequesred, including lite boundaries, reiu:_ied ;;it;dJ, -i.iirai.gtocarions and heish;";-a;p;;raphy ";e ;;;;ilal featurur, u*irtingsign locations, proposed sign to""tion" and any related. data.C. Such additional material as thescribe or the applicant rniy-sulmit.zoning admj.nistrator may ljre_pertinent to the appficaiion. III. Tine Requirenents The Design Review Board neet,s on": the nonth. An application with unrst be submitted 17 days prior and Sth Wednesdays of acconpanying naterial the neeting. the lst, 3rd the necessary to the date of lfruprrul .. vAtL StcN SERV|CES Eagre varrev r g?'l fsgp':il;ii l b-E lE!il"'n"o rocated r #?3)gillu"it Business center we hereby speci ticar ions and esrimitell6i Pqoqrti€D AesA: lq.o5 EovAe€ F€vT ('lz"r*rte\ 4oll6rp-0cnc1.s I ArL Hs4pf tsJcs D&eD adclr.(t)/.r^(J0ArJ6fO+ 4,S.d€.? ?PoQo':gD L6+{nl(r.. St'or9 p65\,-s.t* oNep.*dgu'Lc*-5i BP4,r\t Pv\cgedor,ll0 .- h'fitt€ tATrAt,v+ lrcr6 - A4 ttrf**;.ro *' ettsa>lA+taeccr\ f€".*A lNiolur<Iap @r flfopnnr' hereby to furnish material 7',1" t0 ..f,V;- and labor - comprete in accordance with above speciricatrons, ,or the sum or: dollars (g Authorired Signature I I I I ta, tue-fi ( "rL4,r=d,.e#,rr| =4 teo-Y ^tt matari.l ir. iu.rrrlrcd lo b. .3 tpaciri.d. lI worl to b. compt.t.d in . worr.nintal.m..n.r.ccordlng to ttrnd.r.t 9r.Gtic.t..Any.I...tlon o, a."i"rii-i-r.r-o-. '.ioli .p".,u""trorlt iovotvinS .rtr. cottr wil b. .r.cut.d onty upon wrrrtcn orccr; .;;;;;.."-. .".rtr. chr,t. cy.. .nd .bgv. th...rid.t.. Al .3rccmcntr ccnrin3rJrti.i iii., ...,o_n.ot d.l.yt b.tond our Go.lrot. Ownc. ro cr.y lirc. tornrao endotrci;;;";,"rrr.".".Our ro.larr ar. tu t aovar.d b, worlm.n.a compcn$rron tacurei.;. "--..-', Itttlgltt ot flraposul -r* above prices, rpccir,cartonstno_ cond,rionr .re ratarl.ctory rnd rre horeby ,cceptod. v_ "r! ,r,nir,i.J Sign.rtufolo do lhe rvorl 13 specified. payment will be made as ou ined above. SiSnature PnoFos^L suaurrrEo ro----] @94-s:-tGNA&€. JOS IOCAT|ON ^J.€ /'2eN€Z-/ ,,4+terorT Oate ol AcceDtancc: tc[L r!!-t cot'yAcrr Irto- A!.{rro t.n| / r.rri/r,E, c.oa6. M.r, Ot.5o -{>-+ I t: r:t -...1{..H -H IJ -l'l ! I I t( I ia $lfiq r-I frd "Fi-I N :i.f F\-n ll l--.i _t -----------""j'-5' -att' ,rtt a.--- t/ ,,rt t.. ,/ |-u' *'---------"- .--'-"' tz-' \\_at . t --r, (;------------ -----__I7,,/, ---' ( | lri -----'t \ ,::A r"tu* -.ta't ,r _ 1''.rt J*r a3B t- aEr F- \ ,llprrtott3. lllarlc nesat ru Uouhred Clrclc,V.ll, Cohndo t1557 o (3001 a76.aaaa October 6, 1986 Kristin Pritz Tovm of Vail Plarming Cormission 75 South Frontage Road Vai1, CO 81657 Dear }ts. Pritz: I{any people who are unfaniliar with Vail have told us that they have adifficult tirne locating the Marri-ott when they turn off the South Frontage Road onto Lionshead Circle by the Enzion. Since our only existing signis a 1olrr, landscaped sign at our front entrance it is not visible at the intersection of Lionshead Circle and Lionshead P1ace. We are proposing to install a 19 square foot sign on the side of the building at thisintersection. Since there is no existing signage on the Lionshead Place side of the building, this nay be perrnissible within the code without a variable request. In any case the sign is necessary to our business andfor the convenience of our cllstomers and I respectfully request your approval. Sincerely, I Michael Robinson General Manager MR:ac I ,.:.r('Application f,o October 6, 1986 APPLICATION FOR A SIG\ VARIAI{CE is required for any project requcsting a Variance. will not be accepted until al1 information is sr.Dmitt AppLICAIiT Marriott's ]dark Resort 5 West Lio4shead Circle, Vail. CO 81657 pnolic 476-4444 APPITCANT I S REPRESENTATIVE Michael Robinson P. O. Box 1806,Avon, CO 87620 'trrggpg949-4541 (print or type) r.This proccdure The application A. NAT,:E OF ADDRESS NAI'18 OF ADDRESS C..NAME OF OI.INER Kaiser Morcus SIGNATURE ADDRESS D. . I,OCATION OF PROPOS]\I E. ADDRESS 7-r.i rlest Lionshead Circle. Va LEGAI DESCRTPTION lOt 4 bIOAK 1 -- Filing FEE. 920.00, (over) !^Pt/r4ud l-Lo]r i lQr a varr...-tccsl6,v.Pase ba fr. Pour (4) copies of the following information: A' A staternent.of the-prccise_ nature of the.variance rcgucs.ed,,the reguration- invorved]-""i tt. pro.ti"oi"irrticutty or unnnec:rss.physical hardshig i""""ri"tlnt will tir"-"ni."t,iyes of this ti3rethat wourd resuli il-' ;a;iJt. or-iir.i'i"ii!"rpretarion anci en:o=c:ment of the specified regulation. 'B' A site ol"l.shoiving all exis.rir? "rc proposed featurcs on thesite' and oi adjoining""itu"..:.r_necessary, .pertinent to the varia:::' reguested, incrucing rite bound.aries, reQuiied ;6;c;J,"ilIirai"glocations and heighi",-t.prgr..prry orra pnJJil"r features, u*i"iincsignlocations,ProPosedsignlocationsandanyre1ateddata. c. such additional material as the zoning administrator may pie-.- :-'-::T "' ll" "nntt"-:l:'iv-""r*ill+1;';";-'i;^'il;'lJpr:.".rio,,. III. Tine Requirelnents The Design Review Board neets on the lst, 3rd and Sth Wednesdays of": the nonth.- An application with the necessary accompanying rnatlrialunrst be subinitted 17 days prior to the date of the'oe"tin!. w )f,orriott3" Marft Resut tllt Llcrlsd Chclc,V.rl, Color.& tf6t7 o (3OS) 17614ll 0ctober 6, 1986 Kristin Pritz Town of VaiI Planning Comnission 75 South Frontage Roadvail, c0 81657 Dear IIs. Pritzz l4any people who are unfaniliar with Vail have told us that they have adifficult time locating the Marriott when they turn off the South Frontage Road onto Lionshead Circle by the Enzion. Since our only existing signis a low, landscaped sign at our front entrance it is not visible at the intersection of Lionshead Circle and Lionshead P1ace. We are proposing to install a 19 square foot sign on the side of the building at this intersecti-on. Since there is no existing signage on the Lionshead Place side of the building, this may be perrnissible within the code without a variable request. In any caE the sign is necessary to our business andfor the convenience of our customers and I respectfully request your approval. Sincerely, Itlichael Robinson General tr'lanager NtR: ac c)-cJ>azO H'O FJ .l i)F025c)0ts F, .f .f .. O F... P' FJ (n or.l -0a o Hc.crl--'1 r. r+ t /'1F i.,..- cn od O o Fr.ilF-> (J|oo =rJ r. ,J !Ut! {-r (n r dio=a ^'O-c,. Z.€ ill-t AF5 Fr A'nB OFP.tct(,tr, . ;tO X rJO Fn (-rox fDlD C- n5ts (0o-o'o(nFtlo o z9)OX O/t !-.i s,tf Fda .i,) O P' l, glgoq o o w F. l0 a) €la O -.t r.,. O (Dci: B(D Hl FJ B x t-to F og) atH.o rto -ot (\)5 (o @ oo ocf.+ O oo oFJO PH.H O5l-qq 0)cits./1 I t.)6N) @ ---+-_-t ,l ": v' A (i15)-t' SIZ +B\lT=l* ITlill l1 ls t-Tt- I I g{ z-Anr{ a1 -L.Itnd rfi -'rg -5 NN t t[ 't- f ll r r4... 'qa -. t} *:l{'-'*teo c.cwc =7r#E at___rrr\s_ \ .' \----.- rl \ \\..---" l;lll -a +*"" ,^ a. ,t\ _aF.tl ',, -tr i .- ta ---___ -_ ? ttt ---lt ------ a. a-- ##tti;1,-i o 75 soulh f.onlage road vall, colorado 81657 (303) 476-7000 October 15, 1986 olflce ol communlty developmenl Mr. Michael Robinson Marriott's Mark Resort 715 West Lionshead Circ'l e Vai1, Colorado 8.|657 Re: Marrjott's Mark Sign Variance Request Dear Mi chael : I have scheduled the Marriott's Mark sign variance for 0ctober 29, .|986. Thestaff reviewed the request and recommends that the following changes be madein order for us to support the request: 1. The sign code a'l lows a maximum height of 25 feet for a wall sign. It appears that the proposed sign is approximately 38-40 feet high. t.le suggest that you either use a low free standing sign similar to the onethat exists at the Mark, or a wall sign which is within the 25 foot height I imit. 2. Instead of the proposed interi or fighting for the sjgn, the staff would ask that you consider indirect or pan channeled lighting. Indjrectlightjng means that the light source is separated from the sign and illuminates the sign by means of spot lights or sjm.i lar f.ixtures. Pan channel ed l i ghti ng means that the l ight source j l l umi nates the wal l which the sign is attached to and therefore highlights the lettering. The 1ight does not shjne through the letter.i ng. 3. The staff would encourage you to choose a more natural material for thesign instead of the p'l exiglass. The sign code states that, "Signmaterials should be predominantly natural , such as rough cedar, pine orother types of wood. Stajned glass may also be considered by the Design Review Board. Plastic or other materials are discouraged." (Sectjon 16.16.030) o ll I would appreciate hearlng from you as to whether or not you wish to changeyour proposal given the staff suggestions. You have the optlon to keep your proposal exactly as it exists, however the staff would not be able to support the request. }le feel that it will be helpfu'l if you understand our concerns before the staff memo is actua'lly written. If you have any further questions about our recommendations, p'l ease fee'l free to ca1 'l me at 476-7000, ext lll. Iwill be happy to expla'l n any of our conunents. Sl ncere'ly, .r | /lrV...l ^ V^2b \n11t\\ {{fR Kristan Pritz Town P'l anner KP: br (oit T-'t, ,-Application Number SIGN APPLICATION Fee Pai Date 1{a.r[<r" Name of Project t\r"cr.,ryr Name of Person Submitting \t-"*+ou?l%,**.t Phone f rtlu.Hq4 Locat'ion of Project ]lS W . Lur.rtlra,cr Art^f. Description of Project The following information is required forto the Design Review Board before a final Sign submittal fee is $20.00. submi tta I approva 1 by the appl icant can be g'iven. A. Sign Material ft t l. Jrl t- lr D lz'rl t. t- 4;- .J I {\t 'fi 1 B. Description of Sign .,11'r2 @ c. Size of sign t4 6 D. E. Length of__Ersnlr-se ( ItJ Comments MATERIALS SUBMITTED WITH APPLICATION 1. Site Plan2. Drawings sfibwlngTx-act'location3. Photographs showing proposed 1o4. Actual siqn5. Colored sialdTililiis _46. Photograph of sign Approved for DRB Submittal Disapproved for DRB SubmittaT- Sign AdministratoF- -/' cETTon-- ffi O VAIL TOt,lN COUNCIL REGULAR MEETING TUESDAY, MARCH 17, 1987 7:30 p.m. EXPANDED AGENDA Approval of December 23, 30 and 31, 1986 Special l*leetings Mi nutes 0rdinance No. 8, Serjes of 1987, second reading, amending the Real Estate Transfer Tax Funds uses Action Requested of Council: Approve,/deny Ordinance No. I' Series of 1987, on second reading. Backsround Rationale: This amendment to the RETT ordinanceffi to be used for the improvement as well as for the acquisition of land. Staff Recommendation: Approve Ordinance No. 8, Series of ffiing. Anend as adopted on fjrst reading as proposed. Resolution No. 10, Serjes of 1987, making Silverado Bank'i ng Association a deposjtory for TOV funds Action Requested of Council: Approve,/deny Resolution No. 10, Series of 1987. Background Rationale: Silverado Banking Association ffi to be adopted by the Town which authorizes Town monies to be invested in their institution. Town staff would like to invest in a C.D. with Silverado and needs this resolution passed to open a savings account with them. Staff Recommendation: Approve Resolution No. 10, Series of 1987. Publjc Hearing on I-70 Interchange Modifications Action Requested of Council: Receive public input on the project. Background Ratjonale: Town staff has been working with_the @hways to accelerate construction of the I-70 Interchange improvements. The Town has retained Centennial Engineering to perform preliminary engineering and develop a detailed project description (see informat'ion in packet). This project description wi'll be presented to the Colorado Highway Comnissjon for approval on March 19, 1987 and then forwarded to the Federal Highway Administration for approval . If all approvals are secured and an environmental assessment js not required for the project, construction could begin as early as 70/l/87. Appeal of a Design Review Board Decision approving a duplex located on Lot 34, Vail Meadows Action Requested of Council: Uphold or overturn the DRB deci si on. Background Rationale: There exists one dwelling unit on Lot ffilling unit has been proposed. The approval of the second unit is being appealed based on the location of the driveway and its impacts on the adjacent properties. This appeal is being made by Mike Reid, Richard and Julia Farrell and Fred Didio. 7:30 7:35 Larry Eskwith Charl ie t{ick 7:55 Charl ie t,lick 8:05 Stan Berryman 8:45 Betsy Roso'lack 1. 2. 3. 4. 9:00 Kri stan Pritz 9:15 Larry Eskwith 6. Marri ott' s Mark Resort S'i gn Vari ance .r ' Action Reguested of Council: Approve/deny the variance request. Backqround Rationale: 0n March 4, L987, the Design Review ffie the Marriott's l4ark sign variance reouest. The motion was made by Ned Gwathmey and seconded by Grant Riva. The vote was 5-0 in favor of the variance. The Marriott's Mark'i s request'i ng a sign variance to allow a second business 'identification sign that has a total square footage of 19 sq. ft. Presently, the hotel has one 12 sq. ft. sign. The Mark may have up to 20 sq. ft. in total for both signs. This results in an additional 8 sq. ft. being available for the second sign. Due to the fact that the applicant (Mr. Michael Robinson) is requesting a second sign having 19 sq. ft., an 11 sq. ft. variance is necessary. Staff Recommendation: Approve the request. 7. Trailways Lines, Inc. Lease Agreement Action Requested of Council: Approve,/deny the lease ffiforTrajlways. Background Rationale: Trai lways has been operating buses ilm the Transportation Center for many years. This Iease contjnues their right to use a portion of the VTC for that purpose. Staff Recommendatjon: Approve the lease agreement. CITIZEN PARTICIPATION 8. Town Manager's Report 9. Adjournment -2- Request form must Thursdays.. Date: 3/L0/87 TOI.IN COUNCIL AGENOA REQUEST be given to the Secretary to the Town Manager by 8:00 a.m. Dept.: COM DEV l'leeting Date:-Sl+U87- l.lork Session:Evening Meeting: x l.It3m,,' tcp l c: Marriott's Mark Appl icant: Mr. Sign Variance Michael Robinson III. Background Ratjonale: 0n March 4, 1987, the Design Review Board voted to approve the lilarriott Mark signvariance request. The motion was made by Ned Gwathmey and seconded by Grant Riva. The.vote was 5-0 in favor of the variance. The Marriott lrlark is requesting a sign variance to al'lowa second business identificatton sign that has a total square footage of 19 square feet. Presently, the hotel has one 12 square foot sign. The Mark may have up to 20 square feet intota'l for both signs. This results in an additiona'l 8 square feet being avai'lable for the secondsigl:. Due to the fact that the app'licant is requesting d second sign having 19 square feet, an ll square foot variance is necessary. i. Action Requested of Counci'l : To approve or deny the vari ance request IV. Staff Recommendation: To approve the request. v.Assurances (_ Legal . Professional ) Enginaering, - Finance, - Cuisioe Kristan Pritz 11"t r* Project Name: ar., Proiect Description: Contact Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description: Lot Block Filing Zone - Comments: Design Review Board OISAPPBOVALAPPROVAL Summary: Torvn Planner Date: E statt Approval Project Application ' ,-ol t .''Ki\ f t-,H o+ Project Name: .4 Project Description: Contact Person and Phone Owner, Address and Phone: Architect, Address and Phone: Legal Description: !otd/- ':--' Btock Filing Zone - Com ments: Design Review Board Date 'l Motion by: Seconded by: DISAPPROVAL Summary: it I-'( i/ I- ,l lt ] Date: Town Planner E statt Approval --.*: rr-tt * :-:1*_- ; ,l 'lzrln $r€rrtf -rp?or> | SIGNED |l\t.,. ,t.,tt.,/ H SIGNED rrarrr.tF aittEl, IPPTEIOII IAVilTSTER 236 .RYALI.ELEGTRIC SUPPLY CO. APP1ETON I,IGHTING'IXTUNIS APPI,E'ON 1IGHTING T|XIURIS APPtttON UGHilNc FtXrU Aruamaster Sirdt fl|, RIMOIT OR INCANDTSCTNI HIGHSAY An incondescent or bollosl-remote highboy serre5 com plete wrth mountingi,lunclionbox, sockel'broclet ond olu minu m reflector. O-H7lAm-f! . with l6' dio. .cfl.cto. tor 400W MV, MH or 750/l0OOW incondescent mogvl bose lomo. G-H7 | At-Ro - with \6" dio. re{tecror for 25OW MV, MH, HPS or 4OOW HPS or 300/500W incondes, cenl mogul bose lo mp. G-H8lAM-R8 - with 20"dio. rcflector for I 000W MV, MH or 750/ I 000/ 1500W incondescent ftooul pose lo m os. A heovy-duty lloodlighr ser, "vr4uolly sol,r.r eu..y-orrj..," .' "problem - nt.rrs - rr'qf o-t,.,3''.1rJltlol lo?t on ond eosy mointer,:r,1t Areomoster olso meet or err.- spec,{icor'on; i"' ;;;'; i,)ill ".t" HEAVY DUTY STADIUMFLOOD for lll lllD Typc tmps lllT$tso{D sponT0ft00D@ ft 000u8nls. With Decp_.finned casl aluminum tamp housing and spun Alzal Aluminum Reflector. Lenses are-heal and impact.resistant glass, silicone gasteted. For ballasl refer to tND00R/0UTD00R 8a-itast tistinSs. t000 ulr il[Ttt HluD C!1. tlo- C.t. l{o Bcrmo.narrt Haavy-out! soaardG-8202S e-6212S t3 t 24"G.l203S c.62lts 35. r 35"G-N20|S c.62lts 54" x 54.q.0205S c.62l5s 76" x 76.C.6206S G.62l5S 108" x 108. Lr ne Volio 9e' 70w HPS t2Q_277 roow HPs t20-277 r 50w HPs 120_277l00w MV | 20-277 Slrt. Pl8. romp Ty pc !o mP rypc Una Vohog.' Areamasle, 400 Nc G.C3LX5 G-C5 txs G-C5 HX5 G.C5MX5 Arearrasle, 100 ;: G-AM27It.Hr G-aM37 tr.miG-Ai 47 tt.ai G-AM37 tM r? C.t. l{0. Designed tvith easy.to service rear refleclor, "Ritlesight" aimrng and spun Al2al' alumi. num rellectors. Available in six l{EMA types. fltMA ge.|n StdTyp. Spr€ed Pk8 1000 WATT m$rtltc YA?or 27" x 27' 42" | 42" 63" x 6i' 94' r 92' 400 wtTT HtTttUc yAP0R 250W HPS t2o.277 400w HPs t26277 4OOW MH t2O-277 4OOW MV l2O-2 77 I ooow HPs 't20-277 ro00w MH 120-277 |000w MV t2G.277 G.6202A G.6203A B.620rA G.62051 tl l IV Lin. Voltor. 't20-277 480 Allcury Vopor or llctol Hqlide G.H72AH.'IIT G.H72AH-4CO c-6202A.t tlG.6203A.1 trlG.6201A.{ tvc.52051.t v 21" r 2l' 34' r 34' 50" r 54' 72' r 8l' 1500 wtn tlclltDtsctilrll 23.6'1 24'lll 41.5" r 41.5.lV 63'x 5(rV 85'x 78' I I I I 6050 sntts crsl ltutnuil fl.ooDucns tor Incandcsccnt or llrafit Yrpor Lrmprl c.62021 G.8203A G.620{^ G.6205t Areamasle. 1(n0 G-4M87 I r.l1r G-A^A8Z I H.$r G-A^ 87 | M. r" T ' t |lEdal b --aa rI! D-l b a& tott oD.r.lr,. 6010 Sml$ CIST ttut ull n00DU0HTS | rcunrrro Frrnrnrreccr$a|Esfor 75&l!00W lrc dcsccrt | : : :: -- - --l- t /i\usrro I ryrr,Tr?,lr.ilr#tirn.co,osi,el ",ffi** IE s/"''* | -,r,. ,,,*:ill]:'t?rl [:1,'-'::m:::l G-'o$ :-] ,"fiFi$,ff.,",lJlL["t..o,"," cesr aruminum housins and casr.r,,"inu," co,e, | 4' :y#:*#rii[,$H:*il;lil ffi] ffiixi'11"&a'[il *- i*LlFJ'ilii',i;i,ifiilH:r,'af*ls'tr I lre i',,fi"i#:.':1':![:::#{*r,il1 **'@ Fi!::"',iff,Hff",*-[iT uses 300 watr, ps35, or 400 *.ti:";sl;:;*,,. I I t ''tf gqrtlirglitli;q,y.Ji,,.-'-lii I {lf ;l3ft'."3$;&"?ffi*'* gree quadrants with lockinf I 6andlei, Furnijtred iittr-l;'oi I ou** tfl LockineFrype r.c€ptrcr. ror NEMA# 14, 3 conductor, AFS cablc. | - Y. rvpe pririii'jrit'oi'd,"iiDt€re ryirh in. ilg . - gmr pp. | \ ) 'rr'r'on h"dwtfo and inlttucibns i,Till"Jill3fur'l,i3toii'h1f ,T:I:i;y.J,"Hl ' v Hffir'1"."i1?li1,n'i'.u,{iiillou** ff locrineFryper.c€Ftrc,.forNEMA AfS cabte. | - #14, 3 conductor, AFS cabtc. q.t p. r sprld IEHA _sF. I gr-t. .s,g!! se.rcr! EmA std. I I\L ddbr'on h"dwro and inlttuctbns l{O. Horiz. I V!rt. Llns TyDc Pfr. I ll0. Ho.ir. r Yrrl. lrns fyOc pfr. Ilit' Ptli3hld nrfircror- lmrrdGi'.'..t '-' I rti soocurr rrticctrr - | F---rGzv: C{0i0 il l3.4xi6 Soread .. I l$6060n Z8r2g:4 Cbar 2 | | I I Lo.xln (uv drb,rhsd porycarboole: G{051t 21,5'-20 Cicar 2 I |3€085il 42.7x{6.0 cliir 5 i | , t \ianorrthr'rd (bmpret' with in- l4', ttchld Rdhcl0r - lhrcun r ra, r ! i^.r--.-- | l" J ddl"tlon hrrdmre and i*truclions 10" [. B. lrtllctor I G-r 68.4X59.6 Char 4 I I G.3TV--_ Atumtrum top visor, bron2.-fhirht{l,T*t,. iidpiici'y,.,ll?/^,,,,nu" .",r1. | --- --- --ii;li.i" "o-..i., ' I l{E- n"fi'*-.;i'ii'4.;i;/-dili;rr of am.rk.. to.t on rcqu.st. - | 3{0tlt 82.8r91.E Clcar 5 I I lts copyriSht o 1979 bv J'qui'McKct' lnc - Prx!. .rt tol r.l,rtnc. orrt. co,,,pLr. rtrutrcronrr' .Lbtr rrr rv.r.Dl on itqu6r.w. .?..othodzcd dtnrtbltors lor rho.. m.rut cturrr! Isr.d o,r ric ii;[. tmniiiiiioir* ".rilo 400w t r'rL ' Proposed: Acc. Units MEIVORANDUM ,. tt .LorreCted IlCfiOrZIIlrJUll Ilay 28 , 1981 TO: Planning and Envrironmental Cornnission ( , FRol't: Departnent of C ornrnun ity Deve lopment/pet er patten DATE: April 20, 1981 RE: Request for Approval s for Phase II Addition and 2 Amendnents to Special DevelopxqentDistrict 7 for the Marriottrs l,tark Hotel BACKGROUND In February of 1977, Special Developnent District 7 was adopted for the tvlark Resort.A-Master Developnent Plan was adopted at that tine for the intire project. The plan atthat tine showed general locations and designs for the buildings ana inu intended usesproposed. The SDD Ordinance outlined development standards and maximum density controls. the proposal currently under review is called the Phase II Addition of the Nlarriott's Mark Hot.el and resprsent,s the final development of the properry. TTIE PROPOSAL The plan submitted for approval contains additional dwelling units, accornmodation units,a convention center of 8,750 square feet, parking structure and 2 additional tennis courrs.. Also included is the conpletion of the landscaping and construction of a bicycle path.The following statistics represent the existing, proposed and allorvable situations: A. Number of Units Original Phase I Phase 2 74 r06 66 9welli.ng Units I4 r2* t1* Total 246, sg ".': . . :.:- Al lowed : 304 34 .,i,. . r''t': rr1tiifrF-i'Crnis section changed since Planning and Environmental cornnissionjneeting.) ' 'i;i;i,-*l '. - -);.; a-*'1 : ' iAn efficiency kitchen will be removed from Phase 1, Unit 10S, converting Unit l0g': .:: ifrorn a dwelling unit to an accornodation unit. B. Gross Residential Floor Area (Acc, units and dwelling unj.ts) proposed: Existing \', 86,513 Phase 2 ' 46,996 Total 1331509 Allowed: 154,000 Marriottrs trlarkaf 2 - April 20, 1981 C. Parking for total project Required: 238 spaces, all underground Provided: 258 spaces . ..t .. .at.r-:i l;':''STAFF RECOMMENDATION__-.- 'r.'^_ i:' j -._ We agree with the owner and feelinstances in Town where we do not Ihe staff s,$lnBtts this change as theallowed under the zoning, and there istmftl''renain for rental ior 25 yuoir.- (This section Planning and meeting. ) 'r{ changed since the Environmenta I Comnission ( L PLAN REVISIONS AND AI!,IENDTIENT REQUESTS there are several revisions from the 1977 Pran and 2 official requests for amendrnentsto the special Developnent District, The revisions are as fo110ws: l' Relocation of the parking structure from underneath the convention center to thewest side of the property. This is propos ea -io- in."".." the speed of constructionresulting in less disruption for tr,tariioit,s Mark-anl. lionshead. 2' A minor redesign of the nassing and building envelope to produce a nore approDrrat:design with regard to scaling ior,m the ";;;;";;';;l! of gre l,est erevation. rhisrevisi-on also aids the passive sotar funiii."" -"r-ir," res j-dential portion of theaddition by allowing " i".gu nulnber of rooms to face south. 3' The original approval included a covered tennis court facility. The appircantargues that tenni-s has rost some of th";;;-';;pJii'ii,.. it had fou'' yl.r=,gowhen the otunr'::I""f i-rrl lnntouggt nrro, -tir"i';;";. that the irrarriott ,s ,uark , stennis courts have been undei-utilized and trrey trave spoken to the owners of theother indoor courts in Town and have learned tiat the guest has a low usage rareat those facilities ' They ao lropose 2 additional outdoor courts on rhe roofof the parking structure. The requested anendments are as follows: 1. ;l:=:n!ti::T:,l::'n":..:.1,:11ir.,fi,"p13:.": in the eight dwerlins unj,ts in thelff: i.l.*li"li,.ll.l* :tn,.*";i:llli:i;"'.;;,."iil:nff;'lf ffi ;';l il!,"..':ffi;.ilfi.T:l^t::::::::,.:::: ;;.';;il;i;;";';";";,ffi:;i;:":".i'il1 X3i,iiiii3el::i:'H:: n* ::T"il:i:i,i:;:::",:rii;":i :ill';:"d;';5ir:;,H,":,,;'H:'g;ii.,,,ffii: llTr:t+ils a hardship-""'r'i'"."ri""piill!'";:".'ii;":loli";.f,i1 :ffiriiii, .units in the Town. 2' The appllcant is-:':questing a change_in the density control-section for phase rr. ' rhis nould be an amendment to-tr,u-number ofaccirnoi.ii-on.no dwelling units' for special Developrnent oisi"i"f-lri and not un in"tur* in the totar dens'tyof tjle site' rn-managenent agreenent of Marriott,r t"tort , there are guo."ntl",that a totat of J20 k-ys b";;;ii;;e forrental for a period of 25 years.i) STAFF RECONMENDATION this arnendnent i.s justified. There are no otlteru1_1o" one firepla"u p", dwelling unit. proposal is within the totaL nunber of. unrcsa guarantee that the accomodation and dwcl ling ( ' Marriott's uark * - Apri.i 20, l98l ENVIR0NMENTAL INTPACT STATEI"IENT SUppLEtr{ENT sDDT requires that each phase of the project should contain a supplement or updateto the original Environnental Impact staiernent. lrre have asked tirat tnr"e isliJl'iuaddressed for this phase: 1' EJrlTgy Conservalion - investigation and possible incorporation of alternativeenergy souTces tor the project. 2' EPPto{g1Hogsl$.- the past operation of the cornplex should have denonstratedrne aoequacy ot the enployee housing situation, and we asked for the results ofsuch an investigation to update thi; infornation, inctuding the phase rr rncreaseddenand. J.Pedestrian and Bike path Considerations {L on the ori'ginal plan adopted, a pedestrian walk was proposed for the nortn part -of the original buirding. lve asied tire appricani-io a"rr us rvhen tiris rvourcibe provided' Also, the Town plans to construct a bike path to the south oi- theProPerty near. Gore creek, and we wanted to know i.f they'were wittin!-ao-'.onr,".ainto this path. APPLICAI,IT RESPONSE 1' The developr; ::-:::.iporating sone varuabre passive solar aspects inro rne pran(see enclosed, regorl on -"ttu.g! conservation for the project), and other energyefficient technorogies for hJat ;; ;.;;;-;""-i.ofJr"a. The reporr subnitted tothe staff also includes a very positive attituie ioncerning active solar panels' for hot water Tq :yi*i"g.pott'heating. We feel-if," ,no"t pay_back period on''these systems and the ti-gi:-ii"rttt percentage of reduction in- convent.ionat ener*y '. ';:s/stens warrants the incorporation of such a systen in this project. :r -r '.'!)|.:,2' lhe owner of the complex owns 56 dwelling units that are utilized for enproyee'':' l, housing for the tttarrioia't itl""t"",oproyees. He states that they are all uti-li,zed' -r'": in the winter nonths, but that i.n ihe- summer the demand goes down and many of.' 'l '1Ithen are rented to non_urpi;;;":'of the business. ' l1:{ exPect that 12 to 16 additional naids will be required for the phase rrAddition, but that no other oJJiiionor employees woulcl be needed. The staff feels that the nunber of units provided is adequate, but rve r'eel tharpossibly some agreenent between the owncr and the iorvn would be justified to cnsurcthese units remain available io irr" ";pi;y;;;;;-r;;'Marriott,s rrrark on a dcmandbasis and for a certain period of tir". 3' the Phase II Addition plan docs show a bike path connectj.on to thc proper-ty 1i'e,and we would require as a condition of approvlrl, thc full conncction to tlc Town,sPath' Another. cond it ion of. approval wj.ti- bc that thc pedcstrir^ parh be construcre(;on the north side of the original uuirairrs in-."r1"tr.ai"n with thc l,hase II work. ( I Marriott's Mark et - Aprit 20, t98l STAFF RECOIVMENDATION 4. Because the parking stTucture there should not be a loss ofof this bui,lding. In the staffts opinion, the project is wel I thought out and an improvement to theoverall complex. The convent ion center is a needed facility and an asset to thecommrnity. lt/e feel the sane way about the indoor tennis courts, and donrt liketo see thern elininated, but do not want to force the devel0per into a non_costeffective program' ".tthgl: Except for the anendrnents t"q,r"it"a, trre ae"eropr"ntproposal neets all -the,sDD requirenents in terns of devefopment standards, provisionof facilities and density ceiiings. In conclusi.on' the, Staff- recornrnends approval of the phase II addj.tion to the llarrLott,sMark Resort with the following conditions: 1. Consider the incorporation of an active solar system to heat hot water andthe additional indoor pool . 2' An agreement between the owner and the Town be worked out to ensure the continuedavailability of the ernployee housing units for the project', urpioyu"r-tor-eight years. In addition, the Planning and Environmeniat comrnission wirlrgview hhe project in eight years to see if it wamants extension.a.-l (t/ \"-:oplicant agrees to connect the bicycre path/walkway proposed to the wesr\-/ ot the exlsting tennis courts to the Tornrs system 1i-r roiatea near the propcrry.)and construct the path to Town standards. is proposed 5r from the western property Iine,existing parking spaces due to the tonstruction 5' The applicant agrees- to participate in the design and construction of inprovemenrsfor west LionsHead circll in front of the lrlarriott rs }lark to improve pedestri-anand vehicle flow and beautifi.cation of this area. { Parking be resolved so as to conforrn to original approval given by council . be completed in the forlowing pranting season following consrruction. conditions 6 and, 7 approved by the pranning and Environnentar conmiss j.on' 'at their meeting. a ,/t Planning and Environmental Connission Minutes April 20, l98t 3:00 p.n. BEST coPy AVAILABLE ( MEI,IBERS PRESENT Gerry White Dan Corcoran Duane Piper Gaynor Miller ABSENT ffi'-T-organ Scott Edwards Roger Tilkemeier I STAEF PRESENTrnR-F;-- Peter Patten Peter Janar Larry Eskwith Betsy Rosolack COUNCIL REPRESENTATIVE Paul Johnston Gerry called the neeting to order at S:00 p,n. (.\' l. Approval of ninute_s of April 13. l9gl. Gaynor nov ed and Drane seconded to approve these ninutes. The vote was s-0 infavor, Dan abstaining. 2. A. request to amend Special Development District No. 7 of the Series of L977 9onc ,for the Marriott Mark. In addition, review'of Phase II of the speci.al developrnentdistrict. Applicant: Kaiser Marcus. Peter Patten reviewed the staff nemorandun which described the plan revisions and t{re amendrnent requests. He listed 5 conditions the staff reconnended wit,hthe approval - Ken l{entworth added that the owner had agreed to all the listed condi-tions. He then showed plans and two models. One was a nodel of the previ.ously approv€'addition, and the other the changed proposal as presented with this mimo. arso of Ruoff-lrlentworth, felt that sone of the rmssing decisions uradegod ones, but now they wanted to have a greater orientation to the south.73% of the rooms proposed would face south, which caused a nodification One change still to be nade is to move the tbe fire lane. thf,t if the mucff,Lons uant. the l'lar +l-{tlFCftlt:to proulds een the forerunner in S?O"h6ts,ti;aEso. efi8!3$t{ryqist providing enployee housing. Ken felt that the parking spaces should have been 235, and not 257. Ross acl<led thatsince there really had been originally 2 plans, that the nunber night have been tlkenfron the wrong one. Dick Ryan stated that the staff would nake sure that the numberthat had been approved in 1977 would be the nunber they woul<l work with. Delivcryvehicles, cgnvention kitchen access, and the conference centcr were discussed. L ( \Dan corcoran noved and Gaynor seconded that Phase II Addition and 2 anendmentsto special DeveloPment District 7 for the Marriottts t'tart<-ioter with the fiveconditions listed by the staff in the neno, be reconmenaea to the Town councir. Discussion followed the motion to have the staff resolve the-nunber of parking spacesto nake the notion conforn to the original approval . -llJ"J"aircrrssion of the envlron-nental inpact statenents followed. Ross staied.-that they dian't know al. l of thervays that they would incorporate energy saving Airi"ur-'.i i"t. Dan felt that thelocation of the solar collectors must Le considered with "Lrp""t to the vj.siDilityfron Forest Road. concern was then expressed ove, ttr" iu"gln or tine the projectwould be under construction, and"how soon the contracior-ciuld finish the i;d;caping.After many assurances fron Marcus, the couuni"rion r"^uurs were content withthe statement fron Ken that they would piant in trt"-rii"t"pianting season followingconpletion of construction. Dan anended his notion to incrude the orovision that. the nunber of parking spacesbe clarified by the staff, and that on!-rot" condition be adaea to say, that plantingu'rst be done the earliest planting season fotlowing "orpi"iion of construction.Itre vote was 4-0, unan j_nous. lhis was to go to the Town Council the first Tuesday in !.,lay. Dick mentioned that Architerra would be included in the27. Dan Corcoran was appointed to chai.r the meeting onbe there. Duane noved and Gaynor seconded to adj ourn the neeting, next PEC rneeting on Aprilthe 27th, as Gerry wouldn,t The vote was 4-0, unanimous. (' D Planning and Envlronrnental conmissio "flt f conrounlty Deveropnent Departnent '<C Cfupf Augrust 27, 1990 A reguest to apply an underlying zone district of Publlc Acconnodation all of Lot 4 and l,ot 7' Block 1, Vall/Llonshead Thlrd Flllng, a subdivision recorded in Book 221 at Page 992 of the Eagle County, Colorado, Clerk and Recorder's records, part of Lot C, uorcus Snbdlvl.rlon, a subdivisl.on recorded in Eook 255 at Page ?0 of the Eagle County, Colorado, Clerk and Recorderrs records and a request to apply an underlying zone dlstrlct of High Density Muttiple Fanily to all of lot D and a part of lot C, llorcus Subdivlsion, a subdivlslon recorded ln Book 255, at Page 70 of the Eagle county, colorado, Clerk and Recorderrs records. Both properties know as 715 west Lionshead Circ1e (The Marriott Dtark Resort) .Applicant: lt-K Corporation DESCRIPTTON OF THE REOUEST At the April 23, Lggo Planning and Environmental Commission work session on proposed arnendnents to SDD No. 7, the PEC reconnended that an underlying zone district be clearlyldentifled for this Special Developrnent Distrlct. The Planning and Environmental Connission made this request of the applicant In order to clarify the underlyLng zone district. The council has also reviewed the original request to apply underlying zoning. At the July 17, 1990 Council neeting. council denied the proposal to apply HDMF underlying zoningto the entire SDD. Tbe motion to approve Ordinance 21 was made by Menr Lapin and Seconded by Kent Rose. The notion failed 2-5. Rob Levine and Kent Rose voted in favor of the notion and the renainl.ng five nenbers voted against the motion (please see attached ninutes). The appllcant Ls now ProPoslng to apPly HDUF underlying zoning to Tract ]. (the western portJ.on of the sDD nhere the parking structure is located) and rrublic Acconmodation (PA) underlying zoning to Eract 2, the rernainder of the sDD. Please see ilay Petersonrs attached letter stating the rationale for the request. TO: FROII!: DATE: RE: I. a An underlying zone dlstrlct ls defined ln sectlon 18.4o-o2o' Definltlons D ass iUnderlyl.nE zone Dietrlctn shall nean the zone distrlct exlstlnE on ttre property, or inposed on the property at the tlne that the speclat Development District Is approved. As stated Ln prevlous nemos, there ls some guestLon aE to what the unaeitylng zonl.ng was when this Speclal DevelopmentDlstrict vas approved Ln 7gzZ. (Pleaae see Sectlon II for background and etaff reeearch on the underlylng zone). reaBon for applylng HDMF zonlng to Tract 1 I'e to the tlneehall use. The HDI'fF ione distrlct is the dl.strlct wlthln the Town of Vall that aLlows A Eecondallon foronly zone tl.neshare ae aof the Special L973 condltLonal use. In Sectlon 18.40.07o Uses Developnent Distrlct lt atates: Dete:illnatlon of pernltted, conditlonal and accessoly uses shall be nadE by the Plannlng and Envl'ronmental Comission and Town council as a part of the fomal revLew of the proposed developnent plan- Unless further restricted by the revlew of the proposed Speclal Developnent Dlstrlct, per:nitted, conditional aird accessory irses shall be llnited to those permitted, condltlonal ind accesaory uEes ln a properties underlvLncr zone dLstrLct... In sumary, the PurpoEe of applytng HDIIF and PA zoning to the properiy ls Lo clarify the underlying zone district for the ent-lre sDD, allow for-the tl'neshare use, speciflcally for tlre 56 unlt tineshare expansLon on Tract 1, anl to also provLde a grulde for any future proposals that rnay be subroltted to the Town. II. BACKGROT'ND RESEARCH ON THE T'NDERLYING ZONE DISTRICT FOR SDD EA,J The staff has pleced together a sequence of events, relatlngto the uarrlotL ltark Reiort property. lfe nuet elphasl'ze that tble Lnforuation was taken fron the Connunity Devel6pnent Departnent flles and is not concluslve. Belos ls a sumary of tbl.s research. The t{ark Reeort constructed 74 hotel roons and 14 condonlnlun apartmente. Thls original developnent (eaet bulfdini! ls referenced as having HDtttF ionLng ln an Eirvironrnental Inpact Report prepared by John Ryan dated January, L977 (pg 35). A bulldlng permlt dated Uay 31' 1973 also references HDMF zoning. L977 L977 1978 198X 1981 1985 Ordlnance 3 of L977 rezones Iots 4 and 7 and aportlon of lots 5 and 6, Block 2 Vall Lionshead 3rd Flllng fron Publlc Acconmodatlon and HDl.lF to Speclal Developnent Dlstrlct to allow the developnent of the slte rrin a more Lnnovative Dannern. However, ln revlewing planner staff zone checke ln the flle, Ipt 4 ls referenced as having HDUF, Ipt 5 - HDtlF, and Iot 7 - Public Acconnodatlon zonlng. Lots 4 and 5 relate to the western portlon of the ltark property while Lot 7 appears Lo be the orlglnal lot for the very flrst Uu-ttatng 6n the eastein portlon of the site. A reeubdivlsion of Iot 4, 5, 6, 7 and 8, Block 1, Ltonshead 3rd Flllng waB approved by the Planning and Envlronrnental Conrnlsglon. Pleaee note that the block references are dl.fferent for the sDD ordl-nance and for the resubdlvlslon A buLldlng permlt was released for the Mark Resort and Tennis club shlch has been referred to as Phase I (second bulldlng to the west). OrdLnance No. 25 of 1981 approved a specific developnent plan for Phase II which allowed for the coirstnrclion of the convention center, parking structure, two additional tennis courts and allowed 8 flreplaces Ln I dwelling units. The bulldLng permit for the development approved Ordlnance No. 25, conmonly called Phase II uag releaeed. lltre request for tinesharlng for Phase If was denled by the Plannlng staff. - This request .proceede-il to Plannlng-Conmission and the applLcant tabled indeflnitely. Fron this reBearch, lt appears that the Speclal-Developnent DLstrl.ct actually had two underlylng zone dletrLcts. The eastern I,ot ? had been Publlc Acconnodation zonlng. Holrever, thls confticte wlth ,fohn Ryanrs reference to Iot 7 as belni zoned HD!,IF ln hle EIR. l,ote 4 and 5 whl'ch are to tlre vest of Iot ? appear to have been zoned HDMF. Staff also contacted ilohn Ryan, who prepared the orlglnal EIR ln L977, itl.D IiDont who-was on the Plannlng staff vhen the l{arrlott t{ark was revl.ewed in L977, Danny Corcoran, aurveyor of Eagle VaIIey EnElneerinE and Tom Brlner, Arctrliect tor €tre Uarrl-ott iesort and Tennls Club Ln order to flnd out any addltlonal zonlng lnfornatlon. 3 o fn dLgcusslng the LEsue wlth Jin Lamont, he stated that all lota Ln the iown before 19?4 had zoning. He aleo agreed that the site probably had elther Publlc Accornnodatlon or HDMF zonl.ng orlglnally or a conbination thereof. John Ryan had no recollectlon of the prevlous zoning. The otherparties contacted sere unabte to provide the staff wlth any deflnltlve underlylng zonlng lnfomatlon. Sufflce lt to say, that the vestern property appears to have been zoned HDfff. In the zonlng analysis sectlon of tlre DeDo, etaff has conpared the pioposed SDD to HDI{F and Public Accoinodatlon zonlng as well ls Lhe conblned BDMF/PA zonl'ng. The naJor dl.fferencE le that hrbllc Acconmodatlon zonlng allowa-for uore GRFA per slte area (.80) whife HDUF allows for a .60 GRFA per slle area. In respect to parklng, HDMF statee that ?St-of the parllng nust be ln a bulldlng-or- gcreened whlle ra zonlng etates that ?5t of the reguired-- parklng ehall be located wlthln the rnaLn bullding and hldden lrorn puftlc view. HDUF aLso allows for the timeshare use. In al1 ottrer respects, the two zone dLstricts have baeically the same reguLreuents. III.@ The exLstl.ng and propoged special Development Dlstricts have been cornpared to the aeveloprnent allowed with underlylng 2onlng o-n Iract 1 of HDI'IF ana n'Oftc Accomodatlon underiying zonlng on Tract 2 on the attached chart. (Please note ail ialculations include the x'o enployee housing unlts). The existing speclal Development Dlstrlct and the proposed SDD both exieed the HDIIF and PA maxl'num allouance of 25 unLts per acre. The existing SOO has 34 units and the propos-d sDD ttould have 4? unlts per acre. In resPect to GRFA' HDMF allows 4L,317 sS. !!. for Tract 1' tfith Tiact 2, PA z6ning allows L22,L33 sq. ft. for a total of 163'450 si. et. The exlsting SDD has 13-4roo0 sg. ft' of GRFA aira tne propoaed SDD has 195,800 sq. ft. of GRFA' rtre HDl,lPlPA zone dl.strlct allowe 127 dwellLng unlts- for the slte. ffre exietlng SDD has 177 dwelllng units and the proposed SDD would have 243 dwelling unLts. The helght naxlmuu for HDUF or PA ls 48 feet. The-exlsttng ioo tr""-a helght of approxlnately 85 feet-at the hlEhest polnt whlle tf,e new Sbb expanslon area w1ll not exceed 48 feet. o o In reepect to elte coverage and landscaping, both the existlng SDD and the proposed SDD exceed the requlrementsfor HDIIF/PA. The slte coverage naxluum Ls 55t for lIDltF or PA. The proposed SDD hae 45t eite coverage. The landscaplnE uinlnun ls 30t of the elte. wlth the propoeed sDD 56t, renal.ns as landscaplng. In respect to eetbacks, 20 feet is required on all sides of the property. the buiit sDD encroacheE into the eetbacks Ln Dany treas. The new proposal on the west eide of theprolerty encroachee l-nto the 20 foot setback on the western property llne vhere the exlstLnE parklng structure (eetback of 5r) ls extended to the eouth. All parklng regrrlrernents are met per the Town of Val'I park-lng code rltn the allowance of 5 valet parklnE sp?ge-s. bach tlneshare unlt has 2 epaces and each enployee unlt has 1.5 spacee. IV. EVALUATTON OF I'NDERLYING HDIIF ZONE DISTRIET FOR SPECIAL DEVEIOPMENT DISTRICT NO. 7 A. SuLtabllLtv of the oroposed zonina. The exl.stl.ng zoning ls Speclal Development Dlstrlct for this slte. -A specific underlying zone distrlct ls not ldentlfled ln the SDD ordinance. For the purpose of clarlty, it is approprlate to apply underlylng HDUF/PA zoning-to the entl.re SDD. The lntent ls to not tamper tn any ray wlth the exl,stLng developlen! on the aite but to provicle an underlying zone district tlrat can be used ae-a grulde for the review of any future proposal-s. In addltlon, it ls appropriate to apply HDI'IF due to the reguest for tl.rneshar-tng lor Tract 1. Tiroesharl'lg ttould no€ be approved for any other portion of the SDD unless the appli-cant requested to anend the sDD ln the future. Staff prepared a chart tltled nDevelopment Analysl'srr in order io Lonpare the proposed sDD sith surroundingpropertleE. As lndlcated by this chart, there are a irunLer of propertles developed beyond what le-proposed on the uar;iolt site such as the Antlers, Iandnark, Vantagg Point, l,lontaneros, Llonsquare Lodge and the Ooublitree ttoiel. Staf,f believes that the proposal ls Ln concert wl.th uanv of the policlee outllned Ln the lrnd Uee Plan. The- elte ls -ldentlfied as belng I'n the Resort AcconrnodatLon and Senrice Categorv deflned below: B. o rrlfhl.e area lncludeg activlties alned at acconnodating the overnlght and ehort terrn visitorto the area. Prlnary uees lnclude hotels, lodges,genrLce etatlons, and parking etnrctures (vlth deneltles up to 25 dwelllng untts or 50 acconnodatlon unlts Ber bulldable acre). These ar€aE are oriented toward vehl.cular acsess from I- 7or wl,th other eupport cornmercl.al and bustness eerivicee lncluitecl." Aleo alloned in thle category, would be lnstltutlonal uses and various uunlcipal uses.ll (Please see Specl.al Developnent Dl.strtct Ueno concernlng thts proJect and itg relatlon to the l,and Use Plan and surroundlng neighborhood). In the Land UEe Plan analyeLe, a development scenario uas selected baeed on narket denands and the desires of the cltlzenry. The Plan etatee (page 30): nTtre publlc input had shown a general eatlsfaction wtttr ttre location of existing iand useE, whlch uas used as the foundatl.on foe the preferred developnent alternative...n The noet luportant goals culled fron the publlc neetLngs wele used to formulate the TrendE Alternative. These key goals are as follows: A. ConrnercLal Uses 2l Conmercial growth should be concentratedprlnarlly Ln exlEting commercial areas to acconiodate both local and visitor needs.3) New hotels should continue to be located prfunarlly ln the Village and Lionshead areas. C. VLllaqe/Llonshead Core Areas 1) Increaeed denslty for connerclal , resl.dentl'al and lodglng usee in the Core' areas would be acceptable eo long as the exlstlng character of each area le belng Preserrred. Itrls proposal aupporta the Innd UBe Plan trkey goalsn I'n that ihe-crrpanglon occurB ln an already developed area of Llonshea-d, the uBeB proposed eupport !tt: desl're for tlueshare, aird the deslgn of ttre proposal ie respectful of surrouirahg properties and the character of the West Ll,onehead Circle area. c. The gtaff belleves that the Speclal DevelopmentDlstrlct expansl.on doee provide for the orderly developnent of the corornunity. We believe that theptoJecl enhances nany of the corornunityrs goals outllned ln the Iand Use P1an. The tlne share use ls also epecLflcally glven support in the Iand Use Plan. The euttallUty-for thts pioperty for lnflll developnent ls dlEcuesed ln detall ln the sDD Demo I'n respect to trafflc, denslty, design etc. shich all relate toiorderly developnent. r IV. STAFF RECOU}fENDATION The gtaff reconrnendE approval of the applicatlon of the High Deneity Uultl Fanlly zone distrlct to Tract 1 and Publlc Acconrnodation to Trict 2 as underlying zone dlstrlcts to the Specl-al Developnent Dletrlct No. 7. l{e belleve the request nEete all of the three criterla for a zonlng review. It ls our opJ.nl.on frorn etaff research that the underlying zoning on Tract 1 appears to have been HDI'IF and Tract 2 - appears to have been zonea PA and posslbly HDl.lF. By approving the request, the underlylng- zonlng- ls clarified for the existlng sDD and any possible future SDD anendrnents. o Eo Eo -9o oEoE.,E6EE-!z cLii -9s9ioTOd't.=(uw= O- =oo=PG' ai=e9F.;(!xo- uJ -Glct('EEFF <lt Jev IL krrnsoN J$IOII{EYltTlrlf, SUITg 30? VAtL NATIONAL lANK !UILDING loa aOU?H 'IONTAOE iOAD WEST ,r", vAlL o(n.on Do tr€c7 MEMORANDI'M KRTSTAN PRTTZ, TOWN OF VArL, PIAI'INrNG DEPARII{ENT JAY K. PETERSON AUGUST 24, 1990 REZONING OF THE !{ARRIOTT I{ARK HOTEL YELEPHONA rtO!) 479{092 FAX LINE rloll 47D-O467JAY I( ?:T3i3ON TO: FROM: DATE! RE: Dear Xristan: The following ls a qulck synopsis of why we are currently, asklng for a iezoning or 5oo#z to pulrii Alconnodation, and High Denslty Multi-FarnilY. During the course of working with the Town Staff and the Planning ioLrniiEi"n it becane evidenf that the under).ying zone dlstrict for sDD#7 was somewhat confuEed due to past docurnentation of sDD#7. f.iify i"te ln the process and duriig presentation to the Planning iornni'ssfon it was sirggested by the niairntng connission that ln order to clear up any past-6onfusloir regarding underlying zoning and- Ln order to hive i 6aEe !.ine fron whlch to-conpare the proposed changes itt tft" Special Development District we should reguest a rezoning-of-tre propirty to an unierlying zone district. We therefore conplied with-that raqueBt. l{e thln iuhnlttea an application to zone the pioperty rrHDliFn as that would allow the use for tine-sharing. bfviousiy the standards set forth in the original SDD Ordinance, as ir."aJa ?ron tfune to tine, would control the entire proJect. After lEfng paseed on flrEt reailng by the Town of Council, the-Town Council aeclie& not to rezone the pr6peity and turned down the Ordlnance on ""co"a-rtading. lfhe reasons iere-somewhat confusing, however, based "p"n i"vfew oi the vldeo tapes of the neetingsr- lt would appear that if," rij"i concern was that Line-sharing could then be used ln the "iirCiig hotel. We therefore revlsed 6ur reguest for rezonlng-to pii""-"-portion of the property upon which the existlng hotel is lfiuatea ln the Publlc icconnoaat-ion zone which would not allow iire:"niting ana which best confornE the existilg- uses and deneitl on the slte. it tne ji"" ttt. the portlon upon whiih the tine-sharing prolect would be eltuated would Le placed- into the High Density- fi"iii:i"riiv zone which woutd allot'the tine-share use and which would aleo beet confono to the uses and density which we ProPoBe. I,[enorandurn August 24, L99O Page 2 lfhile there le no legal requirenents f,or the rezoning of the property we felt it was funportant to address the concerns of the Town Staff andthe Plannlng Conrnissl.on to not only clarlfy past zonlnE on theproperty, but also to have an underlylng zone dlstrict for conparlson pur?oses only. Durlng the past Town council neetings the rezonlng lssue was conpletely blown out of ehape by Jin Lamont, gJ.ven the factthat the SpecLal Developnent Distrlct Ordinance controls all facets of the proJect and the underlying zoning for:rnE no basis for control except as stated in the Special Developnent Distrlct Ordinance. If you have any guesttons please contact me at ny office. A regular meeting of the 7:30 p.m., ln the Councll T.,IEMBERS PRESENT: I,tI NUTES VAIL TO}IN COUNCIL MEETING JULY 17, 1990 7:30 P.tl. o Councll was he'ld on Tuesday, July 17' 1990' at - of the Vall MunlclPal Bul'ldlng. Kent Rose, llaYon Tom Steinberg, l'layor Pro'Ten Lynn Frltzlen Jlm Gibson Merv LaPln Robert LeVlne Peggy Osterfoss None Ron Phl'll l Ps, Town llanager Larry Eskwlth' Town AttorneY Pam BrandmeYer, Town Clerk Vai'l iown Chambers l,lEtlBERS ABSENT: TOI{N OFFICIALS PRESENT: The flrst ltem was a ten year emp'loyrnent annlversary ewand to Llnda Barca. Ron piiitiipi-gavi Urtet backgioundlirfoimatlon on Llnda who ls a Bus Drlver wlth the b;iii;'io;is/lransportation Department. Sklp Gordon nade some addltlonal corments' lnC ffiyot Cose thairted Llnda fbr her hard work and her years of servlce. The next order of business was Cltlzen Partlclpatlon. There belng none, Councll moved on to the thlrd ltem of buslness. ttem three on the agenda was a Consent Agenda. Based on Council request,^itlayor,Rose iiated all items ,oiia Ue hand'led separaiely. ttem A was,0rdinance No. 20, Serles oi-iggOl i"cona-rl"Otng,-an ordinance amending Qld!11n9e !o. f0' Series-of 1990' ip.ciii'Oevitopment-Oiiirict tto. 1, Sectlon f6.cO.tOo_C,_Denslty Floor Area, Area C ci;;'Li.;-6rpiii iit.'i;;il"id; t6r gross resldentlal iloor area to be ca'lculated pi"'t[i r"quirement-If-in! piirirv/i"ionai"v zone dlstrlct.Sectlon 18.13.080 Densltv Eiirt.ii; inA stitrng-iotttr ietiiti'in regari thereto -(lep]lcant: 75% of Glen Lvon iuuOivtiion properti iri.r.isi.-Jtre tttte-was read in futt by I'layor Rose. Krlstan Fritr-ani Snlti! f.leilo made'a brlef pnesentatlon. Jlm Gibson stated concerns lliitoiiig aaattionai'en'il-..qrlsti, littr !he'lly responding that thls chanee was ln iii.i-iiiit.rriiv wiirr-lutteni zoning ana ioi size. 'Shelli.Mello stated there had Uiin no ip"citti reiJon-to" if,. l,Z69 squa.e -foot restricilon on GRFA in regards to nisi;tiition-lssue, a.i ttrii itii aiviiopir triC voluntarllv agreed to thls-provlslon in order to ensure itr" quitttV of the iubdtv'lslon. Tom Steinberg moved to lpprove thls ordinance on selond reading, wlth a second comlng from lrlerv Lapln' A vote was taken and the notlon passed unanlmously 7-0. Item B under the Gonsent Agenda was 0rdlnance ll9. 23,. Se^rlcs of 1990, second -iiiirngl in orain.nci-i'i"'rililig-slliton.rC.ze.olo ot ihe t4unlclpal code to lnclude as i-conliiiro,iai use "illuiliii'siiiioni" tn the cormerclal -core II zone distrlct iriiiiii.il-'viiilsiiu;;'c;;;ii;iiuiiton r{etwork}. rhe full tltle was rerd bv ir;fi;'il;;: l.rir.'uiiii.a-iiiied there-.had bcen orie chanse onlv,-and.that was-to i;i".iiron-i. oitinttii;';i iv-iiitions." B'lll Perklni, reprssentlns the appllcant' strted he dtd rr"ve i-culstiin-in-risira to the tenn "iateillte dlsh," and.further questlons on the two iooi Ofrneter iequlrirnent rnd exenptlons' Further dlscusslon prompted delettng tfre'uirUii'e ior sqdelllte dlshes from the end of Sectlon l' Flis!'oititiiii"irii-13i;;;iil ;iirliiiaiion ot tt'e productlon studlo rnd what vlews woutd be avalabl" io'itl-iriir..- srri-ierLtns statld.thq pybllc would.be.able to vtew.tnstde gre proiiciiin'l-cuiii.n[ *itir sJattng provlded wtttrtn the studio' and rnother studto tor'iiiini"rnilriiiwi wouia-ui on-the walkwav.lrnredlatelv-to the cxtertor of that st,llio"lpiii. 'noU fefiini toviO io prss Orilnance ilo. 23 on second readlng, wtth r recond comlng from Tonr ilet'nUirg. 4'Ygt" was taken and the notlon iilIiii'inlniiriousii-i-0.- r,lrrii Cacloppg siotl igitnlt tf? approval of thls ordinrnce tndtca11ng that he i"o'. ""rior.-iri[i.r-riitt [tt. locrtlon'bf televtslon studlos on iiie iiril"tioo. iiuiiil in-il,ii-itris-trrs prevtously been.reserved for rcstaurant or retail space and sr,iuiO'6.-lfii ionifnu6d';a; in-C6nmerctr'l Core I and II, and that tf the Counc{l ,.r.-ti-.pprovi ifris otiinini.,"fi-ioutO rrsmack of special prlvllege and electlon prYoffs." I Item C under the Consent Agenda was Ordlnanqe-l'lo-. 25, Serles of,1990'-second iilftrsl"i.'otiinince-rrneniine sgD llo._23, Vall_t{atl6nal 8ank,-Part.of Lot-D., Elock il-v.ii'vii'tige Znd Ftii.c, i6g-south.Frontase_Road lfest (App'llcant:- Yltt Natlonal il.r'irfiiins-iorplt. Uiior Rose read the title of the ordlnance ln full. l'ltke l,liiifI. inOiiaiea'nurneroui ctringes to the "l{hereas" section at the beglnnlng of the ;;iiffi.;'[ii-ii.n i'niiuaea uasia on a request.by t'lerv f:pt!. These chanses were to ;;il;;i;s;-ir,.-iinilii;;-;d-ilique sltuatlon ln-whlch thb Bank flnds ltself' Jtm ci;;;;'fie-qrlstioni-in rigira r, future use of thts parklng faclltty and the ;i;;;:.;:;.;;;i;;-;i;se.--ipJciilcally, he asked whether the reverter clause had been llfted, st"trng-If,i-"eui.iet iiaui6 was of some lssue because lf ln the future ffi"";;i;;i'ticittti were not locatcd on thls slte or lf the structure were destroyed rnd not to 6i re6uilt:-viif-Gsoiiites cou'ld once.agaln obtaln exclusive use of thls porilon oi-tina-rttiih would'if,."-nig.i" any parklig arrangenent the Vail Hliri..i"riin'r-iuiiirnc rrio *ittr itte ueatiai cinier. Liriy Llchllter w'lth vall .ji;;;;i;i.;-iirno*r.iilo"Ite"iiu.rli" iiarie iiiuatlon and-stated the clause had not been ltfted. Xo*.u.i,-tte-siiuation ,ai-one-ttiih whlch-they had dealt.. Followlng ;i;;r;;i;;'no-u-Liviii nroved to epprove'orlininie tlo. 25.,.wittr a gecond comins from Kent Rose. lt ttrts polni, iay Pellrson iitiO-io table t[ls. ordlnance ln order to clarify the revertet'iiili.-e-ueiiion. no6-i.Vine *tthdrew hls notlon, and Kent Rose ll;.nnli:,,,iFf,i:*f*;,ii;i*':*ii'l:il: 'l';.l:oll:'!:,H'"?2fry,'Ii.tllu" iaJiea S:i, wlth Tom Stelnberg-and l4erv LaPln opposlng' '<^i ]l:,l:iilnoliihilrli]llliir:ii,?il'ii$iih?ir i!ll,!i'll.$?3;;li:fi;iifi%; i;;;i;i-g.Jeioinint 6lstrtct ttqr li cormon'lv referred.to-as. Resort; and settins iiriir'Oitiiis in tegita"ti.tito (?14 llest Llonshead Clrcle17 Lots 4, ?, C, D, Block 2, Uall-Llonsh..i-giA-Fiii;it . (App'l.icant: il'K Corporatlon' titark Lodge Condomtnlums, and l4ark Resorl i'i.inii Ciub).";'tavor Rose read the full tttle. Krtstan prrii"'iieientla I 6ii"t'r,isiirv reiatrng to ttre.appllcatlon of.HDMF zontng to the Specrii Slrii6iri.i Or.trriil--illcius" this ttem hai.been presented ln Its entirety at the June 19 evenlng-meeii&' i;iaain focused on changes that had occurred since that nreetlng. The GRFA nia-6.In ieduced-to-58,800 square feet' whlch was a reflection of i6-iiitiEif,tiing-rnitl-it approxinrate'lv 1.050 square feet per untt. t{ed Gwathmev,-irit{ill[ toi tft.'etqi"ii' eiptatnei,that a computer analvsls presented a reftneminl oi ifre-pf?n-?!d ["a"iii6."a the.orig'lnal flgures rnd reduced the total 6RFA by "iproiirit.ty A,qOO square feet. Krlstan expl.alned the iii.iiiiition"oi'uo[['ihe Ordtianie tlo.-ii,-as prevlouslv-stated. as well as grdinance l,lo. 22, re1atlng to amendlng'tie'SOO [o. f to illow tlireshare' could be dtscusscd in the same arena, but she-asili $I.iii.allv that lndlvldual votes be taken on each of gioi.-liiiiianiis. rr6m-reilirch stafi.had put tosether' lt. . appeared the SDD .iiritiv-r,lia i*o unaeiivi;;-;;;; ciittt.t=.' The iastern Lot 7 had oub'l.lc accomodatton zonlng. However, iiii'*il in-ionfttct wlth itohn Ryan' who had irrep*ed the orrgtn}-iin in tgii ana'r|ili.iila'i.oi-i.as belns zoned HDf'lF tn hts ElR. Lots 4 and 5, whlch are to the *eit-of Lot 7, appeared to have been zoned HDMF. Staff recormendatlon for. uslng if,i [OUF ion6 aiitrtct as an under]ylng zone dtstrlct to the SDD tlo. 7 was then pt.i.nt.A'. iristan noted several areas regardlng HDMF zontns ttrat miae-ihis-ionrng "bp"ii"ippi"fii"!i-!{-aoollcable to the Marrlott stte. l4erv Laptn ir,In-iiirii irri rilu- aubirt itre approprliteness of the HDtilF underryrns zonins ;;;".ii'ir,i.i-ioii-ii iil-n.trioll'srte. A drscussron ensued end It was potnted out'6y;il i;d Attorne!;il;t ii;'unJettytno zonlns would rffect the uses speciftcally f;;;il; io6 "ni ur.ftiii-i.iiiiri irrouia ionsldei the crlterla from the vail Land use iiln-l.a-ir,eiii.r-fiir-wis-i-iurilrerance of that Land use Plan' At thts potnt, pet., ,litlr, Jay peterson,-fiii"i ifolilii'-iiA Gwathmev' Jeff Jacsuard' and John Sweeney,,lil'iitiiir;il;'iii'rJ-r.ptesentatives.of the l'larrlott l4ark appltcatton. pctei'i"ilr'iiln.rq.g-tf:ri,;::;i;'ii-iii" uv members of tho councll at the June te meettnl lii'iniillilii-ir,ii ioii-rivtstons, cotrmltnents' and crarrfrcattons were berng proposed in'"'ilro'iiir iii.'"ppllcant daied July t0' 1990' f. il!^o".u,ous GRFA totar proposed was 71,200 sguare feet, cxcrudrng 4,000 for the ten emp.royll'riit'i."iitei iil;ilr";iqei';d iia'rvsrs of -the froor plen' the aopltcmt propos.d=io'liiui. iitl-ioiii"ti'oi,io6 square riet. Both flsures Include ili I,ooo iquire feet for employee unlts' 2.Archltccturalfeaturcsofcxlstlnghotelexterlor Peter srld tt hrd bcen suggesiii'itii-i" iaattton to thelr prcvlous cornttnent to ".p"ini-t'dl-ciiltror'ot'ir,. .iiittng hotel, thev would studv alterattons of the balconles ln order.ii=riiiiii"ir,ii-6,iiOinsis-rppcararce' Feellng thts was.n "rc.ti"i;'il;;!1i;n-on ttte Council's part, the app'llcant was tnvesttga6ng vartous deiign solutloni=ril;il;.; [o'in.iui.-i'new belcony deslgn ln the proJect. -2- I 3. Tlme sharing Due to several questlons regardlng the appllcant had prepared an informatlona'l and thls was lnc1uded ln the Councl1 packet. the timeshare nature of the expansion, nemorandum addresslng speclflc questions 4. Left turn lane As a point of clarif{:atlon, the appllcant fu11y understood that if for some reason the overall fundlng strategy for Frontage Road lmprovements ls not estab'l lshed prlor to lssuance of the appllcant's certlficate of occupancy' the app'llcant may be responslble for 100% bt ttre cost of the left turn lane off the Frontage Road to Uest Llonshead Clrc1e with a rlght of relmbursement for costs exceeding their fain share at some future date should an ovena'll fundlng mechanism be put lnto place. Kalser irlorcus stated th.t | $4.5 milllon upgrade had been planned for the l4arrlott faclllty, and this would lnciude a tota'l reiurbishment of the lnterior as well as the exteilor. As far as nalntenance of the new bui'lding, Kalser explrined there was a reserve fund that had been establlshed whlch represented ten percent of the total operatlng fund to upgrade and malntaln the new faclllty. At thls polnt' Jay- iiterson-reminded Cbinctl that the appllcant was establlshlng underlylng zoni.ng and not changlng lt; that the orlglnal zbnlng had been placed. back ln 1973. Clndy Jacobson-prisented conments nigatlve to ihe grantlng to the approval 9f thlg ordinance. Jlm Lamont also spoke rbout the SDD speclal laws and whether thls was belng hand'led 'ln a procedurally correct manner, he noted that wlth the two zoning djstitcts invo'lved in thls property and the nost restr'lctlve use should apply: He stated hls concern about frictionallzatlon of accomrodatlon units and protectlng the bed base and convention buslness for the Llonshead area, as well as the Town of Vai'l . Kalser Morcus relterated hls deslre to cater to conventlon business. Erlc nitetOt spoke ln regard to clarlflcatlon of the underlylng zon'lng. belng HDMF' and resiaiia ite actual-'locatlons of the parcels ln guestlon. Jim Glbson expressed his conc"tn wlth Qrdinance l{o. 22, the ordinance allowing tlmeshare development-at the tfirrtott, and stated the repoit received from the applicant seemed very subJectlve. ne tett [hat maintenance of'prlvately owned properties was certalnly nore.deslrable ihan the timeshare scenarlo.' t'|erv Lipln their made a motion to approve.0rdinan-ce No. iil Uii.a on tris sgutlny of the surrbundlng nelghborhood_and noting that the-Vall ipi iirois the street cu-rrently is zoned HDMf,,Antlers CCII.,.and the Enzlan CCII. Tbm Steinberg seconded thls motlon. Tom Stelnberg then_wl-thdrew hls second iipt.i"iiig'il ilii;r;a the eastern lot, 1.e.,. the actual llarrlott phvslcal facllitv, wl!'io tiif,.in puUtic iccomnodatton, and when-he understood thls was not so, wlthdrew his second of ttrat mot'lon. Kent R6se then seconded l,lerv Lapinrs motlon-to.approve Ordlnance t'lo. 21. Rob LeVlne stated that even tf the Council rpproved both ... 0rdinance Nos. 21 and 22 on thls evening, tf the applicant wanted t0 do sometnlng outslde the current iool tt wouiA ttave [6 come In ibain for.a maJor rmendment to the SDD. Merv Lipln ca'l led the motion. A vote was taken and the motlon falled z-5' wfit noU LeVl|e ana Xint iosi votlng for approval of Qrdinance No. 21, and the' remainlng flve members of Councll voting against. Based on this vote, Jay Peterson requested ordlnance io. 1?, Serles 9f l??9' bP liUteO to the next'rig'utar neet'lng of tne Val] Town Councll, August 7'.1990. PgsSy Osl"tioss moved to iitie OrdlnancE No.22 to the August 7 nreetlng, wlth a.s-econd ioiliiri-iror noU f-eVini. A vote was taken and the motton passed unanlmous'ly 7-0. Ertc Affeldt then.iqrirt.a-i-iynop.ir of the vote, wlth.reasons from each of the counct.tmembers to .ipiii,i ir,itr-voles. Rob LeVlne'stated ln order to protect. the iil-;f"ilii'ioningl'ir,"'enlir. parcel, 1.e., all lots,.HD0rlF seened to make the nost i.iir"-ini *iJi ciiinii;-soo. Thire wai r pr6cess rlreidv-set up for-further review ini-ifririge.rna le i"ii't[.i-ttre iown nia elptlctt protecilon:--.1111-llltzlen,.fglt tt nil iitipiiiant-to eiii6riirr-uniirtving tintni, but ?elt !l'.! lnv Increree ln.bulk and rnass should not ue-iAiriilea Jn a'stn:guiir Eisis. Tom Stelnbeig felt.that havlng-Jpiit-i."i.g on irre-i"il;It wis-tnrpiroprtlte. Kent Rose felt-rnuch the sanre as Rob rlvii.l=itilrng ir,it'1ri nomr already'eiistiu on thls eqrcel, and he felt that,HDlilF for the w€stern parcel l{ts nore approprlate rnd so should be acknow'ledged- as the overall zontns. u!i"'riii"";[t;e"ifii'tri_wit-aeilnst.tinreshare, although he.dtd feel that xtpF was-ihe-ipp-ropriiii zonini-tiir-ttrls partlcular parcel. He stated he was rgatnst ttmestraiiig-55ii'use-oi ltte nirenoui foriclosure notlces he sees for gmeshare owners ri'ilirl-ciiliy: iligv-iiiiitiosi stated she voted rsalnst thls ordinance because ir,i-iiieiiia io crranii.;'i;;;iat inaipendent of the-rpprova'l of the ordtnan.. "r.nliig-i[;-iDD.--,lim-eiul6n-iiatei he wis agalnst the ordlnance because of the unciilifn"qriiiiv or timeitr"rl-proJccts, and-that HDMF wou]d allow the tlneshare use. The tlme betng 10:30 p.m.,lilayor Rose called for r flve nlnute break. -3- I It The next ltem of buslness was 0rdlnance l,lo. 19, Serles of 1990, flrst readlng' an ordlnance nodlfylng Sectlon 18.13.080(A) of thi l,lunlclpal Code of the TOV regardlng denslty contro'l for the prlnary/secondary zone dlstrlct (Appllcant: Torm of. Vafl).- l,tayor Rose read the tuil ttt]e oi tne ordinance. Andy Knudtsen stated thls amenilng oidlnance was to correct a typographlcal error. l,llke Cae{oppo rsked questiois 'ln regard to the affect thil-oiaiirance wou'ld have on hls personal property ind was satlsflid wtth the lnput from staff. Tom Stelnberg nade a notlon to approve Ordinance l{o. 19 on flrst readlng. Lynn Frltzlen seconded that motlon. A vote was taken and the notfon passed unanlmously 7-0. Next was Ordlnance No. 24, Serles of 1990, first reading, an ordlnance mak'lng supp'lemental appropriatlons from the Town'of Vall general fund, capltal proJects iuii, Co*rnttiis ior Drug-Free Eagle Valley fund,-special parklng rssessnent fund' Vii'l'marketlng fund and t[e real eitate transfer tax fund, of the 1990 budget-and the financlal-p'lan for the Town of Vall, Co]orado; and authorlzlng thc expendltures of sald appropilatlons as set forth heriin. llayor Rose read the full tltle. llerv taptn sugblstid he ordinarily was not ln favor of supplemental appropr'latlon oriinancii, but ln thls case, the naJorlty of ltems iere rollovers from 1989 rnd DassaEe was appropriate. Jli Gtbson-movei to approve 0rdinance,llo. 24, illth a ieconi coming'irom Tom Stelnberg. A vote was taken and the motlon passed unanlmously 7-0. The next ltem of buslness was Ordlnance l'lo. 28, Serles of 1990, flrst rerdlng' an ordlnance amendlng the plan docunent of the Town of Vall employees' penslo-n planl ind iettlng forth-detalis ln regard thereto. The full tltle was read-by lilayor noie" Ctraitte lllck stated that-the next three ltems,0rdlnance llo. 28,Ordlnance flo. ig, rnd Ordlnance No. 30 were nearly ldentlca1 documents, thrt state.law requir6s separate documents for pollce and flre as opposed to Town of Vall emp'loyees' benslon plan, and they must be revlewed lndependently_of.each. I'lerv iiifn-moveU'to apprbve 0ndinance-No. 28 on flrst readlng.- Lynn Frltzlen seconded itrit motlon. R irbte was taken and the motlon passed unanimously 7-0. 0rdinance No. 29, Series of 1990, flrst readlng, an ordinance anendlng the Town's ioitii and Flre iension p'lan document subJect to approval by sixty-flve percent tei*i-oi itre Towir's Polile and Flremen; and setting-forth-details-ln regard thereto' iii neit on the agenda. tltayor Rose reid the tltle-ln fu1l. Charlle ltlck stated liiit "n e]ection [aa-Oeen tita on Ju'ly 2 and 3, 1990 at the Vall lrlunlclpal Bulldlng iot tf,i Town of Vaii and the results iere as f6'llows. The Town of Vall hrs 15 sworn iire-personnel with fi votes cast for amendment six; one vote.agalnst rnendment slx; and one flre personnei noi votlng; therefore, 93 peicent voted for rmendnent slx. in regarO to lhe poiice electioni-the Town of Vaii has 27 sworn poltcg qe1;91ne1i.22 uotil-i"it w.re tir i".nUrtni iii; none voted agalnst amendment slx; and flve pol,lce i"ri""nii-did not uot"; itt.i.fone, Cz percent oi ttre sworn pollce personnel voted ioi.-irenirini itx. In'order to piss, 65 percent sworn personnel nust vote on ln ii.ui.- l,lerv tap'ln movea io apprbve Ordinince No. 29 on first readlng,. and Lynn Fritzlen seconded that rnotlon. A vote wis taken and the motlon passcd unanlmously 7-0. Iten ten on the agenda was 0rdlnance No. 30, Serles.of 1990, flrst roadln9' al o"aininle irenOtni the trust agreement-iursuant to the Town'of Vall-onrployees' il.ii"ii-prin; ina-"iiiiii-iJttf, aeliiis-in resard thereto. rhe full tltlc was read 5v lr"ior'no.i. nii-i"eiarini allowed-VmiD t6 have a votlns T!!l!t_91^!he-Board of iiutties for the Town of Val'l Emp'loyees' Penslon Plan. l'lerv_Lapln noved to,rpprove thls ordinan.", "ni--lynn iritziti siconaea the motlon. A vote was trkcn rnd the rnotlon passed unanlmouslY 7-0. Item clcven was ln appeal of a Plannlng rnd Envlronmental Conrnlsslon dcclslon ;6;rdi;i-tfre-ieCis-iinial of e "equesi for a height-varlrnce for rn rddltlon to Condontntum Untt e]e,-loi p, gioci-SO, -Vait Vtttaie-lst-Flllng ..(l-4.1-East F?10' Drtve - crossroads c6niinirii*si tnpiricinti'-iii sitrultz toi x. ullltrm s4!!h).-. llike l4olllca requested that Councll upf'oia oi overturn the declslon of the PEC' The PEC at thelr June A;iiit6; puUiic'friiring fiad unanlmous'lv denlcd the requcsted helght varlance, t[ii vote'Oilng O-0.. lfeiv laptn stated.that hc owncd 50 percent tnterest tn untt c:r-oi-ctolitoici, whlf[ irsqlaitiiid hlm from-votlns on.thls tssue, so he stepp.O airrn irom ife'nii"i;igl'-i"t iieinUl"g dlvuleed thrt hc had a 3 percent lnterest In e nortgage ln a unit ii Crossroads, Uit atC not fcel-that was a Sigriiiciili-ionitict, so he opted to voie-Jn-itri-tietn. rlav Peterson rtrtcd he wrs an attorney represen6ng the appltcantl-ini"sii-s"tuitz tii tt. erchltcct on behalf of the appllcant. -iJrne-dtscusiion ens,iea in-regira torhether other condollllum o$rners had been notlfled of thts t.qr.I[-tot ift!-uie of tfreir collectlve.GRFA' and ilerle Sachnoff, who ls secretrry of ttie-aiiociiifon, stated letters had. been-,srnt out to 22 condominlum owners wtth 20 responaing they were-in iavor of thls add'ltlon -4- .{ .l.l .!r and two votlng agalnst. Rod ^sllfer spoke on behalf of the appllcant, stailng lt waslmpgrtrnt to encourage upgradlng of older faclllttes wlthln the Town-of Valll lynnFrltzlcn voJced her dlscontent wlth the procedures stating that she would prefer lay]lg a pollcy statement rather than treatlng thls as a singular ltem. tqifel{ol'llce stated no addJtlonal_parklng regulrem-nt would be neiessary slnce the totalsquare feet of the unlt, Includlng the addltlon, would now come to-1,695 squarefeet. Peggy Osterfoss noted that thls rras not like other ln-flll ln'the Village, and was more an extenslon-of bn exlstlng mchltectural element. Peggy 0sterfois noved to upho'ld the Pl-annlng Commlsslon's declslon for denla'l of thii-request, wltha second comile from Kent Rose. Her flndlngs lncluded that thls wou'ld be a Eiant ofspeclal prlvi.lege because the bulldlng ltself ls not a physlcal hardshlp. t-vote was taken rnd the motlon passed unanlmously 6-0. At-thls po!n!, Susie 8ruce, who was not represented by counsel, requested an audlence wlth the Torrn Councll to dlscuss ihe lease for sprce iurrently he'ld by the Tovm of Uatl ln the Village Inn proJect. Her questlons ri'lated to the-term ofttrelease as well rs the CPt or adjusUnint over tlile. Steve Earwlck's recomendailonwas.to compromlse, wlth the market value rdJustment after itve yeers. lj lrsgiit.Athat an appralser should evaluate the propeity. Thls would guaiantee aften i-flveyear perlod of tlme, the Town of Val'l wouta Ul gettlng tts equltable lcasehold spaceamount. The Councll unanlnously rgreed and gavi dlrectlon to steff to proceed withslgning of the lease with l,ls. 8ruce. There be'lng no further buslness, the meetlng was adJourned at ll:45 p.n. ATTEST; Itlinutes taken by Pam Brandmeyer Respectful ly submltted, t.IILJ Erandmeyer, Town- Clerk -5- o PINOS DEt NORTE CONDOMINIUM ASSOCTATION 6110 Vall Velley Drive P. O. lox 59 / Vall, Colorado 81657 (30q47t2747 August 15, I99O Mayor Kent Rose and The VaiL Town Council 75 South Frontage Road lirlestVail, CoJ.orado 81657 Dear Mayor Rose: It has come to our attention that the Marriott's Mark Resort Hotel would like zoning changes in order to increase their hotel density by another 53%. lnle are all of the opinion that Vail is already becoming too 1arge and inslead of the quaint village it once trlas, it is fast becoming a city of high rise buildings. When we al-l came to reside here many years ago, Vail was like a smal1 European town and that rlrlas one oflhe things that altracted us to it. It has certainly changed. Therefore, it is our opinion to let well enough al-one. If you change the zoning laws for one, you are setting a precedent for others tofollow. The Marriott is already a high rise and Vail is becoming too overdeveloped, resulting in a major loss of our open spaces. Our vote is definitely against changing the zoning laws. Sincerely, dent Pinos DeI Norte Condominium Association CG/vk (, Correct ed Itlcnorandurn rhy 28, l98l T0: Planning and Envrironmental Cornrnission FROl'l: Depaltnent of Comrm.rnity Development/petet patten DATE: April 20, 1981 RE: Request for Approvals for Phase II Addition and 2 ftnendnents to Special DevelopnentDistrict 7 for the Marriottrs l,lark Hotel BACKGROTJND In February of 1977, Special. Developnent Di.stri.ct 7 was adopted for the !,lark Resort. A- Master DeveloPnent Plan was adopted at that tine for the Lntire project. The plan atthat tine showed Senetal locations and designs for the buildings aira ifre intended usesproposed- The SDD Ordinance outlined developrnent standards and naxi-nun density controls. The proposal current,ly wrder review is called the Phase II Addition of the }larriort,s!,lark Hotel and resprsents the final developnent of the property. 11{E PROPOSAL The plan subtDitted for approval contains additional dwelling units, acconrnodation wrirs,a convention center of 8,750 square feet, parking structure and 2 additional tennis courEs.Also included is the conpletion of the landscaping and construction of a bicycle path. Tlre following statistics represent the existing, proposed and allowable situations: A. ltunber of Units Acc. Units Eelling Units L2* 27* 246. 74 106 66 €ection changed since MET'PRANDUII 34 Planning and Environnental Coranission' neeting . ) (r- JJ 304 .An efficiency kitchen will be renoved fron Phase I Total Unit 108 + ,. "riii'','fto.T.- "". li"l.l*g,T-il:.1:"' *acconodatidffun-*it F.j'.,t-r. *inffpry*gE":t?:6trisi,at51fiiry,15' itr =ar'r* '++b r,.ar'*'t'ri*.'+fl--n? 'r'?irJtrl 's'. *Gr63?-n!?li6trar.proor erea-tnbc':di#ts:aiiaJa;,"irltd"u,iitlj:'p"";i;'a'iT . i ?'ie. Phase 2 46,996 Jz : I tA .- :,_l*',q Unit { Ilarriott I s lrlark C. Parking for t,otal project Required: Provided: i" t - April :0, l98t 23S spaces, alI wrderground 238 spaces (This section changed since the . Planning and EnvironmcntaL Comrnission' neeting. ) a L ^.-.. v-_.r+.:.\ - .-:?. lfe agtee with the owner instances in Town where STAFF RECOI'MENDATION the staff supports this change allorcd under the zoning, and nnits renain for rental fot 25 this arnendnent is justified. There are Do otlrerallow one fireplace per dwelling unit. as the propo3al iS within the-i.otal nunbcr of unirsthete is a guarontee that the accomodation "na a"oiii1.,g YearS. ' and feel we do not ,f l'_* " : l* *y: t :lT::_o_is t ri ii - * i6; -''i; ;; -;-"';";; ;; ;; -; ; ili i#! i., !!iat a total of 320 kJys bu d;ii;i;,;;r;";;r-i"" .*pll;l";; ;;"rill: PLAI'I REVISIoNS Al.rD ANENDIUENT REQUESTS rhere are several revisions frorn the 1977 Plan and 2 official requests for anendmentsto the special Developnent District. The revisions are as follows: l' Relocation of the parking structure fron underneath the conventi.on center t,o thewest side of the Property. This is proposed to increase the speed of constructionresulting in less disruption for Marriottrs Malk and Lionshead. 2' A ninor redesign of the massing and building envelope to produce a more appropriate'desiSn with regard to scaling iourn the apparent size of the west elevation. Thisrevision also- aids the passive solar firnciion of ihe resiaential portion or' theaddition by allowing a i"rgu nulnber of roons to face south. 3' The original approval included a covered tennis court facility. The applicantargues that tennis has lost sone of the nasi "pp".i-tit"t it had four years agorhen-the plans. were first approved. Also, they'i"po"t that the yarriolt, s r\tark,stennis courts have been undii-utilized ani trt"y rr.i'" spoken to the owners of theother indoor-courts in Town and have learned tirat the guest has a low usage raleat those faciLities. They do propose 2 additional outdoor courEs on the roofof the parking strucrure. the requested anendnenls are as follows: l' The applicant wishes to install fireplaces in the eight dwelling units in the.Phase 2 Addition. At the tirne the prohi.bition ror-tireptaces in sDDT was passed,' there was much- discussion "uout -not allowing any new fireplaces to be constructed:-"throughout both cot*"""i"r-a;;;....This,_of course, did not happen, ald the apptican'" '- feels that this is a hardship-o" rrir as'rirefiac"i'.tu allow.:d in other dwelring ,ir1.:1.r!rits. in the Town. ' : l '::'" :',;..' 1t' 'i ' :i.';: 'gl tt RECOOTENDATION f<\ -' Marriottrs ,\tark -*" . April 20, l98l ENVIRONMENTAL ITIPACT STATEIIENT SI'PPLET{ENT SDDT requires that each phase of the project should contaj.n a supplement or uDdateto the original Environnental Impact -staienent. lrte have asked tirat three issues oeaddressed for this phase: investigation and possible incorporation of alternativeproj ect. 2' FPpro{ee Housilg -- the Past operation of the conplex should have denonstratedEne adequacy of the enployee housing situation, and we asked for the results ofsuch a:r investigation to update thii info:mation, including the phase II increaseddenand. 3.Pedestrian and Bike path Considerarions ( on the original plan adopted, a pedestrian walk was proposed for the north part -of the otiginal building. l'ri asied the applicant-io t.tt us when this wouidbe provided' Also, the Tot"n prans to construct a bike path to the south of thePrcPerty near.Gore creek, and we wanted. to know if they^r"t" niiiinJ-io'.o*""ainto this path. APPLICAI.IT RESPONSE 1' Ttre develop:j ::_lT"ltorating sone valuable passive solar aspects into the plan(see enclosed. report on energ! conservation for the project), and other energyefficient technologies ror nJat and water are proposed. The report subnitted to- the staff also inciudes " u""y positive attitude Loncerning active solar paners. for hot water 1{ l,wlnnring poft'heating. we reer-it" srrort pay-back period on'. ,,'ii*:::-l)rl!ens and the tigii-ric"nt percentage of reduction in-conventional energy..;;,ri'"..,;u:iyste!0s narrants the incorporation of such a system in this project,.'r-r:,riii ?.:. r,.-: i- ' 4"','2' 'rrtre owner of the conrplex owns 56 dwelling units that are utilized for enployee'"'lii''l;:.housing for the I'larriott'i ii.tt'ernployees. He states that they are all utiriued-i':i'i';j:in the winter nonths, but thai in lhe-surnner the denand goes down and nany of'j;it.:.;{7-then are rented to n6n-"rpioi""i or the business. '',..t.'t.: t ' llgf gxPecl that 12 to 16 additional naids witt be required for the phase IIAddition' but that no other additional emproyees ,rourd bu needed...''. rhe staff feels that the nunber of units providcd is adequate, but we i'eel tl'otpossibly some agreenent between ttru ouru"'ond-;h; i;t"r would be justified to cnsurL.' these units remain available to the "rpioy""i "t:-trr" llarriottrs }tark on a tlcnandbasis and for a certain period of tirne. 5' The Phase rI Addition plan docs shol a bikc path conncction to thc propcrtl' linc,and we would require as a condition of approvll, ilio tuff conncctioir to the.TownrsPath-. Another.condi'tion of-approvai rvili'bc ttr,,t t6c pcdcstrion 'ath be consrructeuon the north side of thc original buildin.rl in conjuncti.on with rhc phase II work. Energy Conservation - energy sources for the .t lliarriottrs ilark - STAFF RECOMMENDATION - April 20, l98rt /-.' In the Staffrs opinion, the project is well thought out and an inprovcnent to theoverall conplex. The conveniion center is a needeJ i".iilty-"rj'Ir-"rt"r to rhe coErm.rn ity. l{e feel the sane way about the indoor tennis courts, and donrt liketo see them elininated, but do not want to force the developer into " non-costeffective Progralr, either. Except for the anendnents requeit,ed, the development PloPosal neets all .the.SDD requirements in terns of deveioprnent standards, provisionof facilities and density ceiiings. t\ ln conclusion, the Staff reconnends approval of the Phase II addition to the htarriottrslrlark Resort with the following conditions: l. Consider the incorporation of an active solar systen to heat. hot water andthe additional indoor pool . 2. fui agreenent between the owner and the Town be worked out to ensure the continued. .availability of the euployee housing units for the project.rs euployees foreight years. In addj.tion, the Planaing and Environlleniaf Cornnission will qg_vien hhe project in eight years to see if it uarrants extension. 3. The applicant agrees to connect the bicycle path/walkway proposed to the wesrof-the existing tennis courts to the Tounrs lyster 6if iotatia near the property)and construct the path to Town standards. 4. Because- the parking structure is proposed sr frosr the western property line,there should not be a loss of exiiting parking spaces due to the constructionof this building. 5. The applicant agrees to participate in the design and construction of iurprovementsfor l{est LionsHead Circll in front of the Marriottts Mark to irnprove pedistrianand vehicle flow and beautification of this area. be resolved so as to confo:n to original approval be conpleted in the following planting season 7 approved by the planning and Environnental Connission given by Council . fol J.owing construction. L { Planning and Environnental April 20, l98t Comnission Minutes 3100 p.m. MEMBERS PRESENT Gerry White Dan Corcoran Iluane Piper Gaynor Miller ABSENT ffi-fiidrsan Scott Edwards Roger Tilkeneier Gerry cal1ed the meeting to STAEF PRESENTDftFEan -Peter Patten Peter Janar Larry Eskwith Betsy Rosolack COUNCIL REPRESENTATIVE Paul Johnston order at 5:00 p.m. (' l. Approval of ninutes of April 13, l9gL. Gaynor moved and Duane seconded to approve these minutes. The vote was 5-0 infavor, Dan abstaining. 2, A' rgquest to amend Special Developrnent District No. 7 of the Series of 1977 "-on""-ing ,for the Marriott lvlark. In adiition, review'of phase II of the special deveropnentdi.strict. Applicant : Ka j.ser l"larcus. Peter Patten reviewed the staff nernorandun which described the plan revisionsand the amendnent requests. He listed 5 conditions the staff reconmended withthe approval . Ken ltlentworth added that itre owner had agreed to a.l. I the risted condi-tions' He then showed plans and two models. one was a nodel of the p""viouiif "ppto1r".,addition, and the other the changed p"ofor"r as presented with this neno. . Ross Cooney, also of Ruoff-tventworth, felt that sone of the rnassj.ng decisions nade .. eaflief Wefe SOd ones- but n nr,r rhav ..,^-r^, +^ L^.,^ ^-: ^--^-:god ones, but now they wanted to have a greater orientation to the south.: He added that 73% of '------.,:;-:^.:::;-'i ::,:::-""*"'c tne roons proposed would face south, which caused a rnodificatioir''rfe 'atrrrEg Ltllrt 116 or lne roons ProPosed would face south, which caused a rnodificatioir,,1n the-na-ssing' one-change stiir io be nade is to move the parking structure fartherfio*-.$: build-i1s and periaps cnanle ihu;i;"-i"r"."=*.iigi-.ib"".".stated chCifl 46fi i'fciiTith -'t hexar.serMarcusnentioned*_that;their_e'6itlict-Tiih-thd-[ffi i6ft :a"s"Tflryf T:"::T fg-6-E'l+t.Iilith r,rarriot t to piriiiia;,s2 0.fi66lT"om Keyhe felt that thd Mark had been the forerlnner in providing enployle r,o"iinli Ken felt that the parking sPaces should have been JSS, and not 2S7. Ross added tnarsince there really had.been originally 2 plans, that the nurnber might have o""n inr"nfron the wrong one. Dick Ryan stated that the staff would nake surc that the numbcrthat had been approved in 1977 would be the number they would work rvith. Dclivervvehicles, convention kitchen access, and the conferencl centcr werc <liscussed. C' PEc-2-4/20/8Lo Dan Corcoran noved and Gaynor seconded that Phase II Addition and 2 anendmentsto Special Developnent District 7 for the Marriott's Mark iotel with the fiveconditions listed by the staff in the nemo, be reconmended to the Town Council . Discussion followed the notion to have the staff resolve the nunber of parking spacesto make the notion confonn to the original approval . More discussion of the environ-Dental-inPalt statements followed. Ross staied that they didnrt linow all of theways that they would incorporate energy saving devices "'r i"t. Dan felt. that thelocation of the solar collectors tnust Le considured with r"rp""t to the visioilityfron Forest Road. concern was then expressed over the ieiglit "t tine the projectwould be under construction, and how soon the contractor cJuld finish ttre ianiscaping.. After nany assurances frorn Marcus, the comnission nenbers were content withthe statetnent frora Ken that they would plant irr the first planting season followingcornpletion of construction. Dan anended his rnotion to include the provision that the nunber of parking spacesbe clarified by the staff, and that orri nro"e condition be added to'""y,-if,"i'pi-trngmrst be done the earliest planting season following completion of construction. Ihe vote was 4-0, unanimous. Ittis was to go to the Toun Council the first Tuesday in May. Dick mentioned that Architerra would be included in the next27. Dan Corcoran was appointed to chair the neeting on rhebe there. a \ PEC neeting on ApriJ 27th, as Geiry woutJn,t Duane noved and Gaynor seconded to adj ourn the neeting. The vote ,*as 4-0, unaninous. {' (_ .,' TO: FROM: Planning and Environmental Comrission Corununi ty Development Departnent DATE: August 8, '1984 SUBJECT: Request for accomnodation units conversion to condominiums for the Marriott lilark Resort Phase 2 addition. Applicant: I'l-K Corporation I. BACKGROUND The l'l-K Corporation, owner of Phase II addition of the t'lamiott Mark whichwas constructed in l98l-82 wishes to condominir,rnize the accorrnodation unitsas we'll as some dwelling units located in this1atest phase. The Phase II'addition was approvea wittr 67 acconmodation units and 27 dweltlng uniii iitto be under the short tenn renta'l program run by the hotel. At [he applicantrsreguest, the 1981 approval includei m6re units iittr kitctrens than a'llbwed under the SDD because of the 25 year management agreement with the Marriottwhich assured 320 hotel rooms in ttre shorl-term rEntal market. In approvingthe arpndment requested to the SDDT in 198.|, there were a number of tbnditi6nsof approval which accompanied the PEC and C6unci'l endorsements of the project.-. There rsnain some issues with regard to these conditions of approva'l whiclwill be dealt with in this condotinium conversion request. II. COI{PLIAI{CE }IITH SUBMITTAL REQUIREI"IENTS AND OWNERSI USE RESTRICTIONS All the submittal requirements including Building and Fire Department inspections, addressing employee houg,,ing, agteement to owners' use restrictions as well as agreement to perform the needed Euilding and Fire Department corrections have been complied with.. There is no time sharing proposal involved. nor are proposed sale prices at this time due to the intent of the owner notto sell the units at the present time. The prior phases of the Marriott Mark Resort have been condominlumized, and it was the intention from the beginning that this last phase fo]low the same pnocess. III. OUTSTANDING ISSUES RELEVANT TO THIS PROPOSAL A. Enployee Housing The approva'l of the Phase 2 addition by the PEC and Tovrn Council ln l98l required that an agreenent be entered into with the applicant and the Town restricting the Fall Line apartment bullding to employee housing use for the Marriott lrlark for an 8 year term. Such a formal agreenent was never entered into and clrcumstances surrounding the Fall Line facility have changed in the last three years. The l'larriott l.lark no'longer wishes to keep the Fall Line as its own employee housing and wishes to dispose of the facillty as it re'lates to the hotel. Fall Line apartments are owned by the liFK Corporation (Kaiser I'lorcus), and he wishes to a'lter the condition of appioval for employee housing so that the facilltyis not directly related to the l'larriott Mark hotel. The proposal at this time is to simply enter into a written agreement with Mr. Morcus restrictingtheFall Line apartments for employee housing as per our normal employee housing restriction agreement. This proposa'l ls acceptable IV. STAFF RECOMMENDATION The Community Development Department reconmends approva'l of the condominiumconversion for the phase II idaition of the Narribit mirk-Resort. t.le fee.lstrongly' hgwgygr' that the lssues discussed arovi muJt'6e"ieio]vea as a :9n:l:lon_91^llls approval. Moreover, we wou'td like to see not only theo/ accofimooatron units restricted to the tlvo week summer--two week ilinterowners'.use, but the 27 units with kitchens approved in the iggt proposatshou]d be restricted as well. It ia important to remember ttrii the ippticantmade a special request to add more kitcheni-itan-tirJ oriiinir soo perniitteJ,- lilar tt's Mark -2- 8/AlB4 to the staff in that_it retains the 54 dwelling units as long-term apart-ment rentals availab'le to anyone in the cormunitv.' B. Recreational Amenities Fee Th9 recreationa'l amenities fee for the lrlarriott Mark development hasnot been co'llected from the develper at this point in t.ime.so ttrata total accounting of the three biritding permiis inuorvia-taiiiig-uact tl-]91!l_fu'ld be-acconJR'lished. An extEnijve inveitisaiion tv ifie-Financeueparunent has resulted in the conclusion that the r6creatio-nat amenit.itifee due to the Town with the originil permit was paid-ina ilre irejii dil-- 1g 1ne-agnl.icant was s!vg1 to hii. Thirs, the appiicant stiil owes theIown of vail a tota'l of g'15,069.00, inc'luding biedits due him for thi1978 and 1981 building permits. Tlre payment 6r tnis surn wiii ue-requireabefore the condomium iohversion map-ii iignia-uv tfi iiln,of vair. C. Completion of Landscaping and Bicyclepath Connection IF ]?9l.1n-1plll of the Phase Ir addition contained a condition requirinsrne appllcant to construct a bicycle path which would connect the Mdrriot-Ill Jgy"t.omfn! t9 the proposed'Town'oi viti-utiiii" ii*r extension?rom Lionshead to_Forest Road. Although this has not been done to date, !h: :!?lf and applicant have recenity inet on the siie lna agiieia-io----'a location for the bike path.dispite it not beinq inc'luded in the fina'l l:rl:sll.,llan approveg by ir,i ilidr'n.i,ii*-soiia."-i[e'itair-rris'ig"."aEo ailow the construction of the bike path connection when the Town - of Vail has completed our portion-oi-the main piah:-. - The DRB approved landscape plan has been substantially completedi however, IL:": g"e two.specific,areas where the plan has not b-een cbmplied with.rwo trees need to be.planted-direct'ly to the west of the new'parkingstructureentrance_and, more importanily, the south faiing bani< on tfrevery south_edge of.the property needs io be seeded to coier the existingunsightly fill dirt. O,. -,.rtott' s Mark -3- B/g/A4 and the al]owance of these extra dwe]]ing units was conditioned upon theinfovrnation that the Mamiott had a management agreement trith the'M-K corpora- lJol fgt 320 keys to the hotel for a period of 25 years. Thus, the assurincethat all the roorns wou'ld be under shoit term rental use was a factor inallowing the extra kitchens. To now al]ow those rooms with kitchens tobe removed from the short tenn rental market of the conmunity is not inkeeping with the original reasons for approving the extra kiichens. Thus,we wi]'l re-quire that the restrictions apity tolne entire phase II addition.Further conditions of approval are as fo'i 'lows: , r .,.,. ; 1. That the sum of $'15,069.00 be paid to the Town of Vail for therecreationa'l amenities fee due before the zoning administrator signsthe condominium map; 2.. The applicant agree to finishing the landscaping as per the above descrip-' tion and that the applicant'agrie to the conltructioh of the bicycle pat'h connection adjacent to the western tennis court fence when the TOv completes its segment of the path adjacent to the l4ark's property. 3. That previous to the zoning administrator's siging the condominiun map, a signed agreenent be recorded between the Town of Vai'l and theapplicant. restricting the Fal'l Line Apartments Bui'lding to the standardgqplgyeg housing resirictions containLd in Section I8.i3.0BO (B) a-dcif the Vail zoning code. 4. The-applicant complete, to the Community Development Department'ssatisfaction, the required improvements- by the buildfng-and Fire Departments. 'l'l :00 a.m. l2:30 p.m. ' '1. 2. 8. 9. 10. lnntns and Environmental Corrlr?n - August .|3, 1984 Site visits and work session on Vai'l Woods (Highland park) Public Hearing Approval of minutes of July 23 meeting. Request for a setback variance and a concurrent density controlvariance in order to enclose an existing first floor dbck area withglass on Unit .|2, Vail Rowhouses at 303-East Gore Creek Drive.Applicant: Robert Galvin 3. 4. A request for side and front setback variances to construct a garage and to enclose an area underneath a deck on Lot .l2, B'lock l, V;il - Village 6th Filing. Applicant: Richard Hel'ter leguest for exterior a'l terations and for a conditiona'l use permitfor the Sitzmark Lodge in order to develop commercial space'southof the lodge and to put a new plaza with i swirrning pooi and rooftopgarden above the comnercial space. Applicant: Sitzmark Lodge 5. Reguest for exterior a'tteration in cormercia'l core II ln order to, remodel the Sunbird Lodge building. App'licant: Sunbird Lodge 6. A-request to amend 0rdinance 30, series of 1977 to increase the numberof units a'l'lowed to be construcied at 770 potato patch Drive, irom30 plus-an employee un,it to 36 plus an employee unit, located onLot 6' B'lock 2'1a'il Potato patch subdivi!ion. Applicant: Ed A.smith 7. A request for exterior a'lterations in commercial core I for the Hi'llBuilding 9n Lot L, B'lock 5C, Vail Village lst Filing to add secondfloor residentia'l space. Applicant: Bianche C. HiTl A request for accqnnodation unit condominjum converions for thephase II additi esort at 7.15 Uest LionsheadCirc'le, Special Development District 7. Applicant: M-K Corporation A request for accormodation unit condominium conversion of thevail Athletlc club at 352 E. Meadow Drive. Appl'icant: itre Viil ctuu TO BE TABLED A request for aof Lot 6, B'lockSlifer Building. A request for a a garage on Lot A request for a on Lot 3, B'lock l{.. 12. minor subdivision in order to rea'lign the lots lines5, Vail Village 'lst Filing, which contains theApplicants: Rodney E. Slifer and John McBride front and side setback variance in order to constructl'1, Block C, Vail das Schone. ,Applicant: Travis Beckley rear setback variance in order to construct a garageI, Gore Creek Subdivision. Applicant: Richard Dilling Jr---s- a/13/84 ocoutd be filed, square footage cou'ld not be vari the onal ghti of taken o The_vote was 4 in favor with I (piper) against.could have been achieved withoui lhir6asing the in and request addi tional P'lper felt the same improvements number of units. Ind i vidual s alray. ) for terior a'lterati for the Hill 'l i second floor residen g a Kristan Pritz presented the request explalning that it was in compllance with theintent of the zoning.for the_ ici-iiJlFict, aid with the urban Design Guide planand Design consideritions. -rne-stiii'i'icoritnenaaiion il; i;; approval with 4 eng.tneeringconcerns to be resorved.before a buirding pgrmit wourd be issu[i.-'in."iJrr]r="tinclude: l. Drainaqe will be-insi;; ;i"5uiiiind,'a.'iriianle.or an improvement survey,3' issuance of a rivocaute-righi-oi-iiv-pennit'ior exisiinf irprovement in therisht-of-wayr dnd 4. .. the .encrdachnenl-6r"iili"o;;;il;;l;xt ue resorved by anagreement letter of the adjacent propiriy owner. Jay Peterson, reDresenting the applicant, stated that an interior drain wou.ld be installedand he ta'lked a iitt'le a$ut itre'iiii-ii;t the-Town or vait did not plow this area,but that VA and Hiil Building own.ri-aij. f!g"9".suggested turning. the-roof 45o. Donovan didn,t like losing the views, plperpointed ciut that oiven.fhe directioi irom the council concerning these views, hehad no problem wi[tr ttrts conce"n.'-" "-' space.p licant: Jay Peterson,appl icant,requested to table this tion unit condominium ed representing the nd Viele seconde item indefinitely.y staff. Thetabla date to decided b converslon pllcan a ng.vo 9. n tavor o on unit Vail Ath'letic Peter Patten explained that this condomlniunization was to further divide the condo-minium converslon oroposal-appronea ilii year by-the pEC by converting each accomno-dation-unit within' thl vail.itit'ietic'diru Hot"t into condominiuns. He discussed4 conditions of approvar whilh iilj;dil;' i. --iiiiiizil;'i'recordins the emproyee ,;/ Planning and Environmental Commission April 22, 1985 PRESENT Eric Affe]dt Diana Donovan Duane Piper Howard Rapson Sid Schu'ltz Jere l{alters Jim Ulele The neeting was called to order at 3:00 pm by the I. Approya] of minutes of April 8. Donovan moved the minutes. The vote was 5-0 in favor. STAFF PRESENT Tom Braun Rick Pylman Betsy Rosolack chairman, Ouane Piper. and I'lalters seconded to approve The 4. following items were taken out al]ow time s ense units as a co pp | 1 cant:rporati on Tom Braun stated that the applicant wished to tab'le this item to 5/13/85. Rapson moved and Affeldt seconded to table until 5/13/85. Vote was 5-0. 5. Fequest for=qccommodation unit condominium convers'ions for the Enzian Lodge. Appl icant: Tqn Braun said the applicant asked to table this item to 5/13/85. l,lalters moved and Donovan seconded to table this unti'l 5/'13/85. Vote was 6:0. Tom Braun stated that the applicant wished to table this tentatively until 5/13185. Schultz moved and Walters seconded to table until 5/13/85. Vote was 6-0. ndi ti onal i theatre Rick Pylman presented the staff mano, reminding the board that they had ' l' Planning and Environmental Corrnission May 13, 1985 PRESENT Diana Donovan Duane Piper Sid Schultz Jim Viele ABSENT Eric Affe'ldt Howard Rapson Jere [alters STAFF PRESENT Peter Patten Tom Braun Betsy Rosolack The meeting was called to order by the chairman, Duane piper. I: Approva] ofJninutes of April 22, 1985. It was moved and seconded to approve the minutes, and the vote was uninirnous. 2. Request for a condilipnql use permit in order to use the l,lest Day parkinglot, Lot A, Marcus Subdivision'on the South Frontage Road for a itiging - area for construct-ion equipment and for occasiona1 he1 icopter landings-toconstruct new ski lifts. Applicant: Vail l:!9J lltten explained the need for vA to use the west Day lot for staging inorder to construct new ski lifts on Vail Mountain. Joe Macy of Vail Aisoiiatesstated that vA now felt that the west Day rot would be the lecondary siasing -- area for storing temporarily the otd lifts. The primary staging aria woi'ld-be $ol!e1 P.gl.. .micy aiaea tnit ii ihe west Day 1ot were used,'ilriv woJta ig.""-to bring the he]icopters over the powerline ind the creek ana woirta not fly overrne rodges 0r residences. (He showed this by using an aerial photo.) 'Patten wondered about damaging cars in the Marriott Mark parking 1ot, and Macysaid,,that.the cars parked it tne ilark wou'td not be able tb use ihe t6p deck. - He added that VA and_the Mark had agreed to work together with problems of thisnature. Paul caldwel 1, a resident of Forest Road, wanted to knbw what timesof dqy.the helicopters rculd_be operating, and l,tiiv repiiea ilrai ilrei-would-notstart before 7:45 am and would not run after 7 pm unleis there were -problems. Ylele noved and Donovan seconded to app . Theffir. Di stri ct riott lilarkate units, fractional fey'units ;arxiEE ilay Peterson, representing the applicant, asked to table this until May zg.It was moved and seconded to table, vote was 4-0. T0: Planning and Environmenta'l Conmiss'ion and Town Council FR0M: ConmunityDevelopmentDepartment DATE: Apri'l 22,'1985 Su8.lECT: Request for an amendment to the conditional use section ofSpecial Development District 7 (Marriott Mark Hote'l) to add time sharing on a fractionalized fee ownership basii.Applicant: Kaiser Morcus I. THE REQUEST Basically, the request is to convert Phase III of the Marriott Mark Hotelfrom l2l rooms (27 existing kitchens) to a time sharing use. The terminology "fractionalized fee ownership) refers to the proposal of selling five-week packages to each owner, thus representing ten'owners per unit. -Although quite.lengthy,.we've enclosed Jay Peterson's memorandum describjng the-proposalin detai'l and discussing its merlts. A thorough understanding of-the rbqubst can be obtained by reading Jay's memorandum. II. BACKGROUND A. Previous Approval 0n April 20, 1981 the PEC held a public hear.ing on the request for approvalsfor Phase II addition (referred tb as Phase IIi in the apilicant's dbtuments) along with.a number of amendments to the Special Developmbnt Districtto accommodate revisions to this project. 'we've enclosbd the staff memorandum and the minutes from that April 20, 'l9g'l meeting for yourreference. l.|e've also highlighted sevbral areas within thE memoiandum and minutes which are appljcable to the request now before the pEC. The following are aspects of the previous dpproval which are importantto keep in mind when considering ihe current-request to amend a'number0t characteristics and elements of that previous approval: o Additional density in terms of mor.e kitchens in the rooms ulasgranted to the applicant upon the argument that more hospitality rooms were needed to support the convention facility (see minutes). ' Ihe applicant represented as part of the proposal that there would. be 320 hotel room keys available to the Mamiott as the managementfirm for a period of 25 years. This ylas represented so that the concern over additiona'l kitchens with regard to future condomin'ium-ization was.not a problem. }Je have been infonned by the applicant'srepresentative that this agreement between Morcus and the Mirriott has already been amended. o;1 Tlr91e were.many concessions made to the applicant in the lggl approvalwith regard to extra fireplaces in accommbbation uniti, reduction rS"iott -z-4/22/85 of amenities.which were a part.of the master development p1an,allowing parking-to be proirided as agreed upon-in'i6ZZ "itt, tt.ori.ginal approvai of the development-plan aha tne relocation ofunoergound parking from underneath the convention faciiity to anabove-ground structure west of the phase III buildinq. B. Time Sharins in Vail Attached please find Appendix B of our most recent Development Statiticsreport regarding existjng and potential build-out of all timeshareproJects in Vail. The_table represents a substantial amount of t.imeshare l:: j! V.!1... Upon build-out of ail mutti-family dwe.l.lins units inthe Town of VaiI, timeshare will represent approximately-g% of allthese units. Thg.number,of ohrners '(21,7s0) ii vdiv-iig"rificant inrelationship to the total number of units in the fina] -build-out scenarjoor Ene entire Town' being 8,896 units (single family, duplex, accommodationand multi-family). The timeshare industry has followed the rest of the real estate industryin the last several years. There has been a substantial slowdown i; ' development of timeshare units and some major problems within the industry.In the peak of the nationar recession many-timbshare owners simpryignored their mortgages and/or weekly ma'iirtenance fees for their unitsand this resulted in a high level offoreclosures for many projects.Furthermore' the timeshari industry has been unable to get a handleon the_tacky_and shoddy marketing -practices which have ilagued thii lI?! of development since its inieition. Littte to no iegiiiiion'oue'^these.market'ing practices by either state real estate comrnissions ormunrcrpatities has occuffed and the problems continue. These poor T:t.!:!ilg-practices project a negative image upon the ent.ire cbmmunity'tn t.tntcn these projects are located. C. Economic Impact Upon the Town The following excerpt is from the recently released report of the Economicueveropment commission of the Town of vail. |.Je feel that these commentsare applgPfiate to this application and should be a serious considerationin the PEC's decision on this proposai: Time, $harilg. Discourage conversion of hotel-type units to timeshareownership- Although the real estate transfer tafgenerates morerevenue than the sales tax on hotel room revenues,-within three orfour years the tax on room occupancy wiil exceed int one-time rearestate transfer tax. However, convirsion of condominiums to-t.imeshareownership has.the potential of increasing utilization of the units--anc nrgner utt tization means more visitor spending, more jobs, moretax revenues. In new time share projects, units iittrout [itcttensshould be encouraqed. "Recommendati ons J 'ott -3- 4/22/85 "A cont'inuing concern regarding time sharing, however, is the long- term management commitment after the sales program is substantially complete. Approximately 40 percent of the project's sales revenues are cormitted to sales commissions and/or one-time promotions. 0ften, the developer is completely out of the picture; and typically too many of the time share owners have relatively little at stake to make a strong commitment during some type of economic setback." III. .IMPACTS OF THE PROPOSAL Fo'l lowing are pros and cons of the proposa'l as evaluated against the existing situation of l2'l accommodation units run as a part of the overall hotel and containing 27 kitchenettes within some of the units. A. PRO o Increase off-season occupancy. Generally, time sharing has higher year round occupancy than hotels because the owner feels an obliga- tion to util ize or rent the weeks that he owns. o Part of the proposal is to put capital into improving the PhaseIII building. o Retaining the Marriott as the management firm would increase the compatibility of the time shared port'ion versus the accommodation unit portion of the complex. Be aware, however, that these management agreements obviously are changed without Town of Vail knowledgeor control. o The five-week package reduces the number of potential owners to 460 within Phase III, whereas, it could have been five times that amount by selling individua'l weeks to individual purchasers. o The Marri ott Mark fac i'l 'ity in a good location for the B. CON conta'ins sufficient amenities and is time sharing use. o Allowing this conversion would be a precedent setting decision toward a general direction of {!_U!iS11 of the short term hotel bed base in the Town of Vail. Removal oT accornrnodat;ion [nits, especially from an organization such as the Marriott can on'ly be viewed as a significant negative impact upon the Town of Vail. High quality accommodation units in good locations (within the Village and Lionshead areas) supported by major conference facilities are a land use that this comnunity cannot afford to be reduced. ua } Narr -4- 4/2?/Bs Negative effect upon group business. It is noted in the applicant's memorandum that approximately a one year lead time will be requiredto include an indivjdual week into the Marriott rental pool. Itis unlikely that an owner will have made the decision of whetneror not he will utiiize the un'it himself one year in advance. This cou'l d result in the unit being vacant for that week because the owner decided within a shorter time frame not to use the unit and the Marriott was subsequently unable to rent it. The impact upon the Marriott's abi'l ity to conduct the larger group business meetings would be very negativewith this uncertainty over unit availability. Town of Vaii contains a sufficient number of time share units. cts representing 435 total units upon build-out. Without a great dealof stat'istical data we, nevertheless, feel that in considering the time share industry's current problems that we may, indeed, have enough of this type of land use. Negative impacts of marketing program. The intention of the proposal he time share weeks as well as bringing people to the site from throughout the front range and the country for short term visits. [,'le feel that these may be negative marketing 'i nfluences upon Vail rather than positive ones with the knowledge of the poor track record of tjme share sa'les people and general marketing practices.: Decrease in marketing dollar! for lhe,hotql.- The-application_ful'ly dollars for the hotel in regard to the reduction of the number of accommodation units. The violation of the four vear o'ld aqreement on accomnodation unit ago l,tiTE.TfA assurance that these units would remain accommodation units and be managed by the Marriott and would be an integral part of the conference facilities. The approval was given based on these proposals and we feel strong'ly ihat they should be respected as was promised. Negative economic impact of the Town of Vail. The EDC points out the loss of long term sales tax revenues from accommodation un'i t rentals as opposed to the short term real estate transfer tax gains. Conversion to time sharing of Phase III of the Marriott is a very negative economic impact upon the Tovln and a poor use of tax payers' do'l I ars. Negative pqlk'!1g_irnpgglq. Especial ly during the marketing stages @he impacts irr part<ing on the siti will be tremendous with the large numbers of potential purchasers driving to the site for sales pitches. Moreover, time sharing requires more parking as a use than accommodation units because front range purchasers will choose to dri ve to the site, and studies show that O Marriott-S- 4/22/85 at least two parking spaces per unit are needed. Trend in Vail of condominium conversion of accommodation units. existing accommodation units to condominiums. A1 though, our reguiations stipulate owners' use restrictions to two weeks winter and two weeks summer, overall, the wholesale conversion of AU's to condom'iniums has a negative effect upon overalI room availabi'l ity in the community. One thing the Town of Vail can ill afford to lose'is the availability of our lodge rooms to the public in general in a flexible arrangement. Negative effect upon restaurant business. The conversion to time share condominiums of Phase III w'i1l reduce restaurant business and have a negative effect upon the sales tax due to the increased number of meals to be eaten in the condominiums w'ith kitchens. IV.RECOMMENDATION The Community Development Department feels strongly that that this application should be den'ied. t,le feel that although time sharing generally increases occupancy on a year round basjs that the negatives far outweigh the positives with thjs proposal. l.le feel that one of the most important things we can do at this point in the Town's histoiy is to protect to the greatest extent possible our accommodation units which are central1y located and are relatedto group business facilities. The Community Action Plan contains many policies related to this feeling. In fact, we encourage the addition of'lodge rooms'in the Village and Lionshead areas with these characteristics rather than their elimination. l,le also feel that the economic impact as noted by the EDC w'i ll be a negative one for the Town and share the EDC's concern over the long term management connitment. We feel strongly that the applicant should respect the promises and guarantees that v{ere given to the Town four years ago in that many concessions were made to al'low additional kitchens and for other aspects of the Phase III approval . Furthermore, the time sharing industry's inability to so'lve some of their problems in the marketing area are of maior concernto the Conrnunity Development Department in that a'l lowing the conversion may indeed result in a negative image of Vajl rather than a positive one. The potential negat'ive impacts upon the Marriott's ability to conduct group business is a very real one as well as the loss of sales tax from reduced restaurant revenues. In general , we feel that the Marriott Mark hote'l is a positive contributor to the Town of Vai'l in its existing configuration and operating procedures and we feel that the conversion to time sharing of a major portion of this hotel is not in the best interests of the Town in either a short or 'l ong term outlet. : I I I I I I ) lJ.l I I lll \ $ $r t N \n \ s o*urN F K J lr-o z. =oF JJ T r\J. n-' U'F = El rJ.t ><l E al6zltJJl lrtai =CLI -r<l F W'jit o +,u:L+,u,E LoEC -oc E'Ic E' =-ct tn(t,E3 (, t == =. =O z.a g lll (/, tl-Jz. o otrr (5z. s- =aa LrJ Fo =. I FoF l!(-"o J U) F =.oo- (9 F-1 z.trl UJ == J (/)ooz.o(-) IJ v,s_ lrl Fa cc J(J \Z u.Jlrl (_) t!z.oF<t)cl U) :<e. o -J.JaCL r\Otn Fl 4h (O lrjFtrlJo- =OL) 4 lrJF lJ.JJo-EoL' z.O F(-) = ,v -l-au,az. =c lrjFtrJJ o.- =O c_r LrjFl!Jo- =aL) MEMORANDUM TOWN OF VAIL TIME-SHARING REGULATIONS The Spring of 1980 saw the first tirne-sharing regulationsadopted by the Town. The ordinances, in general , calledtime-sharing as a conditional use in the HDMF, pA, ccr and ccrrzone districts, required disclosure statements and registration !! erojects and required persons selJ-ing time-sharing to obtain alicense from the Town. subsequent ordinances in the I'all of l9g0removed time-sharing as a conditional use from the pA, CCI andccrr zone districts and prohibited mixing time-sharing units andwhole-owned cond.ominiums in the sarne buildi.ng. This ieft the HDMF zone district the only one possible to locate a newtime-sharing project in the Town. THE REOUEST Phase Three of the Mark is located in SDD #7, which is aseparate zone and is an official part of the Town of vair zoningmap. Prior to becoming SDD #7 the 1and was zoned HDI4F. The request is for phase III, which is under separateownership from Phases r and rr, to become a fractionllized feeownership project which will remain in conjunction with the MarkMarriott Resort. Each otirner of a fractionilized fee interestwill receive a deed to the property for that period of time whichis purchased. _ -The proposal is for a purchaser to buy a five week incrementof tine, two winter weeks and one Summer wlek will be at a fixedtime in a fixed unit. The two remaining weeks will be offered ona floaE/frexible basis in the off seasois of April to mid-Juneand.october to pre-Thanksgiving. owners may r-serve two nightmJ-nlmum stays, using part, all or none of these fourteen days. Currently, Phase III is comprised of i-2L rooms which are _._lllt.t.-rented separately or as a one, two or three bedroom suite.wnrre the current proposal is to separately condominiumize thel2l rooms, the condominiumized rooms would be sold as suites,nade up as follows: Ten (10) - Three (3) Bedroom UnitsSeventeen (17) - Thro (2) Bedroom UnitsEighteen (18) - One (1) Bedroom Unitsone (f) - Studio Unir REQUEST FOR MINOR SUBDIVTSION APPROVAI AND CONDOMINIUI'{ CONVERSTON The regulations call time-sharing a subdivision proposal .This proposal involves less than four lots and is a mlnoisubdivision. There are no special criteria by which to judge atime-sharing project as a subdivision. The regulations 6i.irvprovide that an approval for such a subdivision must be obtained. The submittal reguirement for this is sirnply the proposed.condominium plat and related controlti.ng aoiument;. The pros and.cons of the actual proposar wirl be outiined. in the conditionaluse section of this Memorandum. In addition to the subdivision regulations, the applicantmust compry with the condominium conveision ordinance,-iohichcontains' among other things, a use restriction for or/rneroccupancy. Because of the nature of the fractionalized shareownership program,_the use provisions of the conversion ordinancewill be automaticarly complied with. Regard.ing tne uuirai;;inspector report' the building receivea i certificate ofoccupancy approximatgly lwo years ago and should, therefor€, beup to current rown of Vail standardi. (rt is int,eresting to notethat if the building were condominiumized wnife--unaerconstruction, which the owner had. a right to ao, ,ro.orrrr"rsionordinance regulations would have to be complied with). CONDITIONAL USE pERMIT: 9ONSIDERATTON OF FACTORS Purpose of !$ Jc_!4!tj-ona1 Use: Because of specialctrara q"i;;-:;;"iir rev:.ew anaevaluation so that they may be locatdd propirly ,itn re"pect totheir effects on surrounding properties. ihe ieview process isintended to assure- compatabirity' ana harmonious deveropmentbetween conditional uses, the sirrounding properties and the Townat large. Uses Listed as conditional uses in the variousdistricts may be permitted subject to such conditions andlimitations as the, Town *ay pr6scribe to ensure that the rocationand operation of the condiiional uses wirl be in accordance withdeveloprnent objectives of the Town, and will not be detrimental_to other uses or properties. where conditions cannot be d,evisedto achieve these objectives, applications for "otaitiorr.l usepermits shall be denied. Criteria: 1. Relationship a"4jqpact of tne use on aevefopmeeqrrve A. DEVELOPMENT OBJECTIVE: provide high guality guestaccommod,ations for VaiI's visitors. B. DEVELOPIVIENT OBJECTIVE: Attract ,,high qua1ity,,guests in large numbers to Vail. C. DEVELOPMENT OBJECTTVE: Efficienrly utilizeexisting facirities and acconmodarions ii...-iiigit occupancy)throughout the year. D. DEVELOPMENT OBJECTIVE: PUbliC ANd PriVAtE SECIOTSwork together to create an affordable vacation experience for theguest. The fractionaized fee interest proposal fulfills the abovedevelopment objectives. The program can best be compared to one presently underconstruction in Beaver creek - the park plaza - where sales havealready started and occupancy is guaranteed for Novernber, 1996.The offering is structured as a fractionalized. interest with l/10shares each consisting of five weeks of use. Vail Associates,who deveroped and is marketing the park plaza project, anticipateownerst use will average three rrieeks, and that the remaining Limewill rnost often be rented. we anticipate the same for phase rtt. A highly reliable independent study (Interval Ownership CaseStudies,, Volume f, Richard L. Ragatz Associates, Inc. for theAmerican Land Development Association, November, 1990) oftime-sharing throughout the country has shown interval owners topossess high 1evels of income, educati_on and occupation, Theyhave prepaid for their accommodations and come with money tospend. At this point in Vailts history, it wou1d. seem to beprudent to attract such personnel to as great a degree aspossible. The average price for an increment at the park plaza is $100,000, and Vail Associates reported $4.2 nrillion rvorth ofinventory was sold by January, 1985, with total sell out expectedin three !'ears. They believe the offering has strong appeal topurchasers who rvil1 not pay $400,000 for i whole unil thit rvillhave minirnal use, but who can afford and will pay g100,000 for afive week use period. vail Associates studies hl.ve shown thataverage owner use of a whole unit condominiun is 4.6 weeks, andthey have structured the park plaza offering to meet these needs. It has been demonstrated, that a viable market exists forthis kind of product in Vail , in other areas of colorad.o and inFrorida' and this offering is an alternative for the buyer whomay look at a whole unit, but whose use of such a unit would. belimited. Bearing this rinited use in mind, a fractional- interestconsisting of five weeks annually would have great appeal . Inaddi.tion' Phase rrr units would Le in a full trotet mlnagea by theMarriott vrith fuli access to arl the hotelrs amenities indfaciLities' including indoor and outdoor poo1s, racquet and handball courts, exercise room, saunas and oulside tennis courts. _ Five years ago, when the time-share ordinances were passed.,there vras a great deal of concern that a potential time-shareinvestor was not the type of person that we wanted in the Town ofvail. Experience has shown that this assumption is not correctand, on the contrary, the time-share investor has shown to be nodifferent than any other purchaser or visitor to our Town. The offering will be made to a highly educated, affluentgroup of'consumers. purchasers will primarily be in the agerange of 40 - 50 years, college educated, with annual incomes ofat least S65,000 and a median income in excess of 9100,000.Considering anticipated pricing, these units will not beaffordable to a lower income group than this. Based on experience, it is expected that some purchasers will buy two ormore of these five week increments. _ The targeted age group includes the fastest growing sectorof our national economy. As was cited in vail's summer studv:"The number of Americans 31 to 56 will soar by over 20 nilli6n,with the group 35 to 44 years the principal giowth sector of theconsumer market." This segment incl"udes the order of what hascome to be known as the "baby boom" generation - a groupcharacterized by good education and in increasing aifluence.They are known to be varue-oriented and they wiJ-i cornprise asignificant percentage of owners. These purchasers wilI present the same demographic profile as. the typical vail whore unit condominium buyer of the Lype ofunit involved. whole units of this improved quality would- sellfor 5240,000 - S550,000, and several vlit reattors have descri.bedtheir buyers of units in this price range as betwen 40 - 60years, with incomes of 9100,000 and over. Freguently these areprofessionals - doctors and lawyers - who purcliase a unit inpartnership, for limited use. _ This buyer will arso be sirnilar in demographics and incomelevel, to Poste Montaine owners (another Beaver Creekfractionalized fee interest project). while poste Montaine isphysically.superior even to Lhe-upgraded Mark offering, butrealizing it is an interval ownerihip project with an averag.esale of 2-5 weeks, it has attracted. uuverl with raedian "nnuilincomes in excess of 5100,000. atthoulh the guality of poste Montaine cannot be duplicated here, the arnoun€ of living space,the superior amenity base, and anticipated qual-ity of these unitsafter significant upgrading should attract J simiiar market,particularly considering the offering of five week packages.Each of the Phase rrr units will be iefurbished and upgrided. tomore positively position its appeal to an affluent maiket. This market will be found in the front range, Texas(particularly Dallas and Austin), southern Caliiornia, andChicago. The front range - Denver, Colorado Sprinqs - mavcontribute as much as one-third to one-half of- thi! group ofbuyers, based on realtors I experiences. That these will be the best markets is apparent also from areview of vailrs Board of Realtors sares summliies for l9g3 andthe first half of L984, and from Vail's Winter Study (1983) whichstates in a discussion of markets: "Clearly, on the basis of current ownership reports,Colorado is a primary target. In addition, Texas, theMidwest and California are also more 1ikely sources ofpotential buyers.', fnterviews with local realtors have reinforced theobservation that the Vail market j"s increasingly one of owner-users, rather than of investors. This product will be veryattractive to this kind of demand in that it meets the averageperiod of use need (of 4.5 weeks), with a good price to valuerelationship in a management intensive setting. Alternatively,Marrj.ott management and the hoteL style of operation present anexcellent environment for part-time rental . The product is also consistent with the Winter studyrsfinding that only l0? of potential purchasers viewed aprospective purchase as a future primary residence. Conversely,90t of prospective purchasers are not seeking a future primary residence. This kind of offering will ensure the presence inVaiL of a number of tourists who would not buy a whole unj-t because of their limited needs and,/or reluctance or inability to make a larger investment. Yet they are sufficiently affluent to make this purchase, and sufficiently loyal to Vail to wish to make this kind of commitment to return. Occupancy rates for fractionalized fee ownership tend to runabout 80? throughout the year. This is higher than a hotel and much higher than a luxury condominium used as a second home. The reason time-sharing produces higher occupancies is that if anindividual or couple owns only a week or two of property, theywill certainly either use it themselves or rent it rather thanlet it sit vacant and waste their vacation investment. Thehigher quality interval ownership projecLs attract higher gualitypurchasers, who, studj-es have shown, tend to use their own weeksrather than rent or exchange for another resort. A study conducted by the staff on Sanibel Island, Florida ("Report on Time-Sharing Field Study on Sanibel Island, Plorida, PeterPatten, October 22, ]-980l, showed that local businessmen believethe large number of interval projects there have helped theirshoulder season business. As a resuLt of the nature of the program, the hotelrs occupancy levels will increase because of the ownerst presence, as a result of upscale sales generation programs and adininishing number of hotel acconmodations at the property. O$rners will most surely use their two weeks in Winter, which willstrengthen the currently softer weeks of December, January andepril, while maintaining present near 1008 occupancy for the balance of the Winter. Owner occupancy will also be high in Summer. This pattern is consistent with the Town's objectives ofincreasing busines j.n off-season and the slower part of the ski season. Ovrners will have access to a full service rental program nanaged by Marriott, who will have ample time to plan forutilization of the available improved units, since as much as ayear's lead time will be required if owners rvish to rent any orall of their weeks. A significant percentage of two weekst floattime will be made available for rental and much of those rentalswill be nade available to groups for conferences and meetings. Buyers will make high use of their winter weeks, and summerweeks as wel1, but some portion of the weeks wilr be availablefor rental- unfortunately, there is no basis for presentingaccurate rental figures as no similar programs have beenundertaken for any period. of time in a hotel environment. Thetwo off-season weeks will be flexible in that anlrrhere from twoto fourteen nights may be reserved for use, and Lhe balance oreven the total two weeks may be offered to the hotel for rentaluse. To this end, many of the bedrooms will remain as lock-offsso that they can be rented as hotel rooms or suites. An owner ofa three-bedroom unit, for example, may choose to use one or twobedrooms during his occupancy and release the balance to thehotel for rental . The program provj-des for a qual.ity product ina full service Marriott-managed hotel so that owners-will d.erivethe full benefits thereof. owners will be able to take advantageof the existing hoter services, amenities and facilities. whil;this section of the hotel - the newest addition - i-s an integralpart of the existing.operation, an upgraded service package ispranned in keeping hrith unit improvements. New owners wiLr haveseparate check-in,/check-out services, and a professionalconcierge available to them, which witl be consistent with thoseservices found in the finest resort hotels. FuIl utilization of the phase rrr is a d,istinct advantage inthat it can be treated as a separate entity, while stillretaining its integrity as part of the exilting hotel and itsability to be incorporated into the hotel inventory when tirne inthese units is relinquished by the o!,rners. Existing meeting space wir.1 be retained and continue itsfull operation. current group use primarily consists of smarl,concurrent meetings. - Management reports only one single groupbooking that reguired all ivailable rooms. Average gioup-sizl is75 - 100 attendees, requiring the use of 40 - 50 iooms. Giventhat meeting space is only provided in two separate areas andthai: reported average group size is 100 maximum with a need. for50 rooms, the hotel's remaining inventory will be able to meetthe needs of such simultaneous meetings, supplemented by phaseIfI units as available. Marriottts long-range market,ing plans incrude deveropingmore group business in periods of lower occupancy, which ioiicidewith owners' off-season weeks. owners are furly-expected, to maketheir units available to the hotel at these times, which wiltsupport Marri-ott'g plans, and perhaps serve as a catalyst intheir implernentation. -A major requirement in implementing this program isMarriottrs-cooperation. Marriott has agreed t6 ttre sale of theseunits and has also agreed.to provide management to the type ofprogrErm envisioned. Marriott has assured that their prei;nce invail will continue; that they consider the balance of the roomsto be adequate to continue to run an increasingly effectivehotel' that Marri.ott's position vis-a-vis management of the Mark will continue, and that the Mark wirl retain its position as thelargest resort hotel in Vail . _ Lastly' whire the national economic situation has staged adramatj-c turnaround, the effect has not rippled down to the Vailreal estate market, and the continuing depiessed market whichwourd appear to be_deepening indicatei thlt times are changingfrom the past decade and thit new avenues for second-homeownership need to be explored. Fractionalized, fee ownership,while not a universal cure-alr, certainry goes hand-in-hand-witha quality hoteL operation like the l{ark laairiott Hotel . 2. Effect of the use on Liqht and air distribution ofatioffiaces, uand. recreation fac E.es a ac t'taa/l c ef e t^t ect on light al_r as 3. Effect upon traffic, with particular reference toconqestion, au moErve and pedestrian safet anc convenlence,artlc t.Io$t contro], access maneuvera anq renovsnovr lrom eets and parkinq ks the structure is already compreted. Fractionaliied fee ownershipwill also have no effect on schoors as each owner only occupiesthe unit for a short period of tine. Fractionalized ieeownership wi11, however, have a slight impact on transportationfacilities, parks and recreation facil-itiLs and other bublicfacilities, as there wiII be a greater number of peopli in ourTown on a year-round basis. The interval owners (as a whole) 'i11 not increase thedemand for public transportation with regard to the bus system,a: lhg facility already operates as a fuil service hotel . Inaddition, the location of the Mark actuallv makes it moreconvenient to walk to the Lionshead tifts ind thus, wirl notover-crowd the buses in their peak tines. During the off-seasonsand summer season when higher occupancies are exiected withfractionalized fee ownership, the Town of Vail bis system will bebetter utirized and will not in any vTay over-burden Lhe system. Fractionalized fee interests require a higher degree ofrecreational facilities. FractionaLizeci fee iiterest is avacation plan--people purchase to reserve vacationaccomrnodations - Vacationers are extremelT-effi/e -people. andthey require recreational amenities to meet their neeas. rn thiscase, the Marriott Mark Resort has provided a very high level o-recreational amenities and conmon aieas for its n6ter operation.The existing facilities will be able to meet the needs ot ttreinterval o$rners. The proposar will also create a demand forother pubric recreation facilities such as golf and ice skating.These activities all generate user fees for their respectivepublic o$rners and shoul-d not over-burden the existing facilities. of One of the most ownership has proven negative effectsto be the parkinq of fractionaized fee and congestion problems areas. which on-site marketing practices create. Because intervalownership creates about 48 times the owners that whole-ownedcondorniniums do,.the.marketing of the project is extremelyintensive. considering one in ro prospeclive purchasers 'actually b.y -(. figure generarly experienced on-sanibel rsland), a sellermay have to attract almost 500 people per unit before ire sellsthat unit out. The obvious problems cieated, especially onweekend,s, are shoddy off-site,'huckstering,' praclices (teenagerssoliciting guests at stores and parking r6ts- offering free gi.ftsfor a tour of the project), hardlselr ieal estate prictices-andan unmanageable on-site parking problem created by prospectivepurchasers. compounding the pirking problems are recentpractices of offering any interval owner of a project use of itsfacilities and amenj.tiFat anlrtirne of the y.ui. The Phase rrr proposal mitigates most of these problems.Phase rrr will offer only a packige block of weeks as described.earlier. Thus, a buyer must purchase a minimum of 5 weeks ratherthan 1'- reducinq by five-fold the problems just mentioned. Thismeans that there will be only l0 owners per uni.t. A1so, no"year-round" amenity membersiips wil} be allowed with the sale ofa fractionalized fee interest. The off-site ,'hucksteringr"practices will also not be part of the marketing package (seeArticle #5 below) . once sell-out has occurred the fractionalized fee ownershipwill not increase traffic flow in peak seasons because thefacility already operates as a hotil . During the off-season andsummer season, traffic flow may increase somewha! because ofincreased occupancies over the normal hotel operation, however,Town of vail systems and the hotel facilities have been desi-gned.for. the peak season and can easily handle any increase in useduring that portion of the year. rn additioir, once the occupantshave arrj.ved in Town, there is no further need to use a carbecause of the location of the project. Alr major sportsfacilities, except for the golf-course, are loclted witnin tneproject or within.walking distance or ine project and, therefore,.there should be little_effect upon traffic or traffic'congesti-n.Removal of snow from the surface parking areas is no diff6rentthan if it were a regular hotel operation 4. Effect qpglllq character of the area in which theproposed otcne proposect use rn relation to th ed theproposed use is compatible with the area. The surrounding area is made up as follows: i. A. Vail Spa is wholIy-owned condominiums which areshort termed with a full service restaurant and front deskoperation. B. Enzian Lodge is a hotel operation lrith a fullservice restaurant. C. Enzian Condominiums is wholly-owned condominiums. D. Antlers Condominiums is wholl-y-owned condominiumswhich are short termed with a front desk operation and neeting room facilities. E. Montaneros Condominiums is wholly-owned condominiums which are short termed with a front desk operation. F. Concert Ha1I Plaza is ret,ail conmercial space. c. The remaining portion of the Mark Marriott Hote1remaj-ns attached and is an integral part of phase III. 5. Other Factors and Cri-teria. A. One of the criticisms of the time-sharing industryhas been the off-site "huckstering" and hard sell real estatepractices. The gual-ity of this offering in Vail to a great extentpredelermines the marketing approach. Marketing programs havenot yet been fully developed, however, the philosophy has. Theuse of s!'reepstakes, street solicitation programs, or any othertype of prograrn that would be offensive to Vail residenls,guests, or clj-ents of the project will not be used. The product will be presented as an alternative to awloJ,e unit purchase, therefore, emphasis will be on thesimilarities to a whole unit, with the benefits of lirnitedi-nvestment for a "realistic" use period in a full service hotelwith its attendant facilities, amenities and services. In selling the product, it is the r/ail experience thatwill be marketed - not so much Marriottrs Mark or fiactionalinlerest - the main thrust will be to provide a full serviceaccommodation from which to experience Vail. That experiencewill include fanilies, their relatives and guests. and in manyinstances, business associates. . It is given that in the various forms of marketing doneon-site and off-site - whether through upscale mail_ings, th;media or personal presentations - the greatest appeal-will begeneraled,by Vail, and secondarily by the t'larriotl. Emphasiswirr be placed on ful1 disclosure and the sale of a use productto a knowledgeable purchaser who will voluntarily choose topurchase based on his needs. Anong the several programs to be used will be a firstclass mairing to pre-qualified 1ists, with a quality brochure andinserts, similar to those done for first-clasi conaominiums. other traditional media presentations, such as terevision andprint, will be recommended since experience has been that upscaremarkets are quite responsive to such presentations. A local broker prograrn wil_l be used and it is felt thatthis product will be consistent in guality with others presentlyhandled by Vail reartors, since buyer demographics will strongl!parallel those of whole unit buyers. rt is eipected that manfclients will return to the project thro or three times beforetheir decision to purchase is made. To create opportunities for on-site visits, shortvacation programs (two nights/three days or ronger) will be usedto bring qualified clients from primary markets to the hotel , andsince the Marriott Mark Hotel experien-e itserf wilr be a focalpoint of the sales- program, gualified and interested hotel guestswill be offered sales presentations. These gruests wirl be istrong source of potential owners since they will haveexperienced Vail, and it has been repeatedly shown how importantexposure to vail is to establish and reinforce loyalty to theresort. The most effective resources present are the town, thehotel and the product. Vacation questionnaires will be nailed to selectiveclients in the primary markets to determine interest levels, andto offer opportunities to visit the site. It is also a veryuseful means of creating interest in the area and the resorlamong groups who have had minimal 0r no previous exposure coVail. In ad.dition, following proper registration procedures,off-site facilities may be estautistred in frimary maricets to givepotentiar clients an opportunity to determine thSir interestlevel before visiting vail. Those who show serious interest inthe.offering-and who are determined to be gualified, will beinvited. to visit the hotel for they will not complete theirdecision to purchase until they haire enjoyed the resort. These sares activities will generate a strong clientelebase__of_ non-buyers that will increase occupancy and fuiure demandfor vail- accommodations and the resort. uany 6r these clientswill- initialry visit in summer or off-season periods and will beexposed to a different vail that wil-l make thlm return forreasons other than skiing, though skiing will benefit, too. These sales processes will further penetrate existingmarkets and may also open new ones. we realiie that of thosefirst timers who visit, it is reasonable to expect less than 20EtO become ohrners, but for 40? or more to return as repeatvisitors. we see this process as an opportunity to increasevailrs potential client base, and belilve there $rirl beprofitable,long range benefits, which will be compatibre with thetownrs needs to increase tourist traffic and to sirenqthenperception of Vail as a destination resort. 10 B. A crucial question is whether there is a demand forthe product. Currently, Beaver Creek is providing Vail hrith itsbiggest competition with real estate sales of wholly-owned condominiums and is currently alone in the market place sellingfractionalized fee interests within the core of the ski area.Beaver Creek has two highly successful projects, poste Montaj_neand the Park Plaza, while Vail has no high guality, high endfractionalized. fee interest projects located in the core areas.Both Poste Montaine and Park Plaza have generated large transfertax fees and have provid.ed Beaver Creek with an alternativeproduct in addition to holel rooms and wholly-owned condominiums. In addition, interviews with local realtors and realestate professionalsf as well as, the Vail Winter Study, indicatethat demand is great for condominium style units with kitchens inconjunction with project amenities and services. There is no other opportunity in either CCI or CCII toeither convert an existing project or to build a new project, aswas done in Beaver Creek, which offers the same level ofamenities and services as the Marriott Mark Resort. This Phase III program responds to these points veryspecifically, for the product will maintain its integrity as acontiguous part of the existing hotel - which will be a strongselling point - and yet there will be upgraded services andrefurbisfurr,ent, and an atmosphere of exclusivity. C. Another guestion often asked is: wj.l1 the project be maintained? Existing furnishings wil1 be initially replaced withthose appropriate to a very upscale and exclusive resort, and ata level of guality that wil-l be attractive to the market forwhich the units are intended. Hal1ways in this section of thebuilding will be redecorated, again in keeping with the upgradedfurnishings. In order to support the special services to be provid,edthe owners, the owners will be assessed a reasonable yearly maj.ntenance fee to assure upkeep of the premises and iirst-classmaintenance of the upgraded unit quality. This fee willessentially conform to maintenance fees charged present owners of condominiums at the hotel , with appropriate adjustnents for theincreased services and higher utilization. An adequate reservefor replacement of short-Iived buildinq components andfurnishings and fixtures will be included t6 assure minimaldeterioration. The units should function at a level well abovetypical resort hotel accommodations over a lonq period of time. r-- D. Will there be a reduction in advertisinq do]larsspent by the Marriott Mark Resort? l1 We recognize that with a reduction in hotel inventorythere will be a potential reduction in Marriott's marketingexpenditures for this hotel . we are also aware that Marriott'smarketing thrust has been on "VaiI" and that there isconsiderable l-ocal concern about the loss of these dollars. Theremaining Marriott Mark Resort, however, will stilr contain 229rooms and large convention facilities with its corunensurateadvertising budget, which is still vail's largest hoteL andlargest and best convenlion facilities It is also true that while a substantial bud.get hasbeen created for the marketing of this program, this bridget willonly exist so long as there is a sales program, and we anticipateselL-out will occur in approximately thiee-years from inceptiin.However, we estimlle a total of S4.3 million will_ be spent onmarketing and, while actual expenditures will be made in arelatively short period of time while sales are in progress, theeffects will be long-term. For one, the j.nfusion oi srich largeamounts of money initially will increase marketing effectiveness.Programs will be broad, as previously described, ind willstrongry impact the target markets which are also those of vail_.There will be a momentum created that must be sustained to assurethe programrs success. As has been pointed out, the primaryfocus will be on !h9.vair experience-- in effect., marieting-theto!'rn. The 94.3 million equates to 20 years of marketingexpenditures by Marriott for the 116 rooms that will no longer bemarketed annually_after three years. During the sell-out p6riod,marketing of unsoLd rooms will continue to ihe extent they areavailable for rentaL. . Experience has shown that such broad programs,utirizing various media and concentrated on verir specificmarkets, have a rong-range residual effect - in esience, it isprepaid. marketing for the area and the project. We recornmend that rnarketing efforts be focused, inparti.cular those that invorve bringing clients to the hoier, inthe scfter, off-seasons. For one, a grreater number of rooms willbe available for those staying overniiht. ALso, it will beadvantageous !o expose tourisls to the off-season vair. .There isno need to demonstrate the excellence of vail's skiing, but we doforesee marketing.benefits in presenting the less crowdedoff-season rnountiin experien".',-"rri"tt most find very enjoyable asnas noted in the 1984 Vail Summer Survey. E. Recognizing the torvn's concern as to the impactsuch a program wilr have not only on available rooms, but on itsrevenues, we wish to address the issue of the impact of such aprogram on sales tax revenues. . The recent study by Vailrs Economic DeveiopmentCommission points out that: T2 "The primary growth area remaining for thetown of Vail is growth in visitorexpenditures - both from attracting morevisitors during the slower months ind fromincreasing the level of expenditures duringtheir visits. Japanese visitors in Hawaiispend approximately $700 per day _ primarilyon gifts. The Summer Survey indicaled thatmost people were visitingr Vail for the moreabstract reasons - sightseeing, natureexperiences, getting away from the day-to-dayactivities at home. In many resorts,shopping is the major visitor activity.', The kitchens in these units will be continued, andexisting wet bars will be upgraded to incluce microwave ovens.whire these are essentiar facilities from a sares point of view,the actual use of these amenities by owners at these incomelevels is limited. _ Experience has shown that owners of pre-paid vacationstend to spend more on dining out and entertaimnent than thegeneral tourist, since they are not faced with paying forlod9ing. An extensive study done by Richard Ragatz, ph.D., forthe American Land Development Assoclation compaied consumerexpenditures at three different resort commonities, contrastingtourists in generar with owners of pre-paid vacations. Theresorts were in Florida, California and Harvaii. Ragatz demonstrated that owners spent more on overallexpenditures than did generar tourists by l1t in Florida, 398 incalifornia and 63t in Hawaii. These expenditures incLudedcategories such as dining out, entertainment, recreation,shopping (other than groceries), etc. but did not includelodgings. Looking at restaurant and nightclub expendituresspecificalJ.y, the ownersr expenditures ire greatei than generaitourists'by lt in Fl-orida,2oz in cal ifornia and 348 in Hawaii.Florida.ovrners, although spending considerably lessproportionately than california and Hawaii owners in this onecategory, did spend more than three times as much as Floridageneral tourists on shopping. fn fact, in bot.h Hawaii andFlorida, shopping was the second greatest expenditure (afterrestaurants and nightclubs) for the owners. In this study Ragatz confirmed a phenomenon we haveobserved elsewhere. Because or.,rners of prepiia vacati.ons do notneed to allocate funds for rodgings at Lhe- time of theirvacations, as do general tourilts, ttuy either have, or feel theyhaver.more disposable income. owners' expenditure patterns whilivacationing reflect this attitude and thus thev spend more onrestaurants, nightlife, shopping and recreatioi. This then 13 becomes an ongoing infusion into the economy of the resort town,recurring with each use period. . As Ragatz has demonstrated, this pattern is consistentwith various locations and is not confined Lo a particular1ocale. We anticipate, therefore, that these maik owners willmake a substantial contribution to the townrs economy - more thanthey wourd as consistent lodgers and more because thL overalloccupancy rate of the property shouJ-d increase substantiall_y. Moreover, review of the Town of Vail Sales Tax receiptsreveals the great seasonal variation in expenditures as reflecledin sales tax revenues. These variations are consistent withreported occupancy levels and with seasonal observations by localrealtors and real estate professionals, while actual revenues have increased for the most part(october and April show decreases in 19g3, and october shows aslight increase in 1984 although not to 1992's level , while Aprilshows a substantial increase in 1994), there are significantdifferences between the high winter season and the iest of theyear' and these differences persist throughout this three yearperiod. The Economic Development cornmission report points outthat: "The five-month Winter season continued cocapture 67t of the annual business in Vail .Although business activity in the non-Winterseasons has increased at the same rate as theWinter season for the past ten years, therehas been no "closing of the gapn. Thenon-Winter seasons continue to represent onlyone-third of the total year's business. income. " The program structured will serve to offset thisdiscrgpancy to some extent, by enabling and encouraging clientsto make use of sunmer and off-season time. The mosl significantgains we believe will be in the Summer. The Economic Development Commission has also pointedout that "Vailrs attributes (location, etc.) result in iepeatvisits; therefore, expenditures made to attract visitors ior thefirst time have a nurtiprier effect over the ensuj-ng years.,, 5. The environmental act re rt concerninif an-EnviroiffiTa No EfR is required. I4 SUMI',IARY rn summary' by converting the third phase of the MarriottMark Resort the hotel will be reduced in iize to a 229 roomhotel , still the largest in Vail , with the additional convertedrooms being avairable when not occupied by their o!{ners. Allconventlons and recreationat facililies rlmain in tack. SimuLtaneously, (1) an entire section of the existing hotelltlll.be upgraded, both in furnishings and servicei (2) ov6r $4mlllion wiLr be expended on marketiig within a few years; (3) anextensive marketing campaign that will focus on vaiL and Marriottwill be enbarked uponr (4) -a strong client base will be created,many of whorn wil-l be first-timers lo vail; (5) the continuingpresence of loyal vacationers who will contribute considerabiv tosales tax revenues will be ensured; (5) off-season occupancy irifrbe increased; (7) potential buyers of whole unit condominiumswill be offered a true luxury llternative. Many of thesepotential buyers would not rnike a purchase or would defer apurchase because their linited use of a whole unit would requirean investment far in excess of the tirne they would use - th;ywould be offered a better value, while on bilance the town, itsmerchants and its citizens would all gain;.and (g) potentialbuyers, if not given the opportunity to purchase in-Vail maypurchase in Beaver creek or elsewheie and be rost to the vailreal estate narket and the Vail hotel market. Three factors inherent in this offering will have strongappeal: that the five weeks' use meets appirent documenteddemand, that the units are based on a full- service hotel withaccess to all its arnenities and facirities, and that ongoingmanagement is provided by Marriott. we beLieve that a iraciionali'nterest offering is an appropriate use of these facilities,given the needs 6t trre exiiti.irg market. lq .. #" :' PRESENT Diana Donovan Duane Piper Howard Rapson Sid Schultz Jim Vie'le ABSENT Eric Affe'ldt Jere Walters P1 anning and Environmental Commission May 28, 1985 STAFF PRESENT Peter Patten Rick Pylman Kristan Pritz Tom Braun Betsy Rosolack The meeting was called to order by Duane piper, chairman, at 3:10 pm. 'l . Approval of minutg!--gr--Egeung of l',|av .l3. Donovan moved to approve minutes,seco 2. !:j:i^lllt!,slyg a brief friglory of the SDD statins that it was orisinally $":jgpgg-gn<r approved with the intention that 1odgin9 open to the piutic - De Provlded. Phase III was originally called the Fhaae itn aaaitioh. patten il9"9d a site plan of the SDD. -He ex-plained that fractional fees wou'ld limitfne numDer 0f owners of each unit to .l0, each owner would have five weeksof time, 2 weeks winter, 2 weeks summer, and I off-season. 46 units wouldbe involved, 27 with kiichent, ana ifre others with micro-wave ovens. Patten went on to explain that in lggl the sDD was amended and additional' density granted in terms of more kitchens in the rooms upon the argument that ry"g lgtlila1itv rooms were needed to support the convention faci'riiv. -ei -- B3rl9l,tle proposal, there were to be 320 hotel room keys available-to themarrlott as the management.{!rm fo1 a period of 25 years'. This was representedso that the concern over addjtional kiichens with rlgard to future co"ioriniurizationwould-not be a problem. Patten stated that the rown has since been informed-"'EnaE.Ene agreement between Morcus Kaiser and the Marriott had already beenamended. ^There were also concessions made to the appliiint in l98l ;ith reqardto extra fireplaces in accournodation units, reductibh oi irenitiei tinjoor-'-'-tennis courts), and parking concess.ions. Patten referred to an Appendix B regarding existing and potential build-out of all timeshare projects in vail, pointing oui that'timeshare will represent Di stri Marriott Mark) in rEL -t-85 1+ 8% of all multi-family units, and the number of owners wourd be 21 ,7s0, pattenalso pointed out that-there has been a substantial slowdown in deveioimeni-oi-lmestareunits and there have been a.high level of foreclosures for many projelts, uionqwith_shoddy marketing practicei. The marketjng prictices rrave"da-Y;;;i; ;;";;regulation by either state real estate commissions or municipalities, and the imageprojected upon conmunities with these marketing practic"i is a negative one. Patten then listed pros and cons which were in the memo, closing with the statementthat this was a precedent setting decision and denial "is reconrnended by staff. Jay Peterson' represen-t]ng the applicant, stated that the Town of vai.l was goingthrough a trans'ition with-regard'io hoteis. F;ied;; itit.ir that phases I andII of the Marriott are condoriinlumizea and Phase III could also be condominium.izedwhich would not be good for the Town of Vail. peteison-teti ttrat tont ierm ionao-miniumization was not the best soruiion. nay waiien,-ranige" of the Marriottstated that the Marriott name was important ind the marketing wou.l d not beshoddy,-Peterson felt that the land iiansfer tax would not be traded for sa'l estax do] lars because the people buy'i ng these fractional fee interests would notbe using their kitchens iery muchi Fu.ther, nJ iaia-inai-since the lodging wasalready-paid for, these persons wourd be spending ro"e roniy in Town. He addedthat all amenit'ies of thb hotel woulJ iemain intact and the hotel could still carerto groups of 50 to .l00 people. Ray warren pointed out that in l9g4 24 groups had 200 rooms per nite, and thatthe Marriott cou'ld use other lodges io."oue.tlow guests. peterson stated thatthe Marriott could not go on undir-the present conditions and a solution neededto be found. Schultz was concerned that the rentals would be taken off of the market duringpeak times' Peterson replied tnit inere were many vacancies except during christmasweek and that the condos would be futl during periods which-would otherwise bes'low. warren stated that he was on-the-vRA board to study occupancy rates and!!at in January-the occupancy rate was 70%, in rerruary-iz% and that there weremany rooms available at all levels. Donovin did noi sie it," uirieienie-u.t*"!.condos and time share. patten pointeJ-out a difference of opin.ion w.ith regardto Phase III being changed to cbnaominiims, and stated that phase III could notbe changed to timi strare-wi{trori ""ti.iiiionr. peterson answered that phase IIIcould go through a condo conversion-and- the dwelling units could also have lock-:fl: 1.q:rltils.il.two units each, or !4 "oorc withoul restrictions. They wouldalso put restrictions on Phases I and II so that the TOV would have p"oi!.lion-for 229 rooms. Donovan felt that this was a bail-out for the owners, and that the TOV would nothave much control over the new owners. Peterson answered that using fractionalfees in Phase III would get the cost of the "erJi.irg-iJ.iiiiy down so that Morcuscould sti'l I remain. .Rapion's_major concern was of the marteiing program and fertthat the.quality of the'.overaI1-lxperience would oe Jiiuiea'. peterson stated tharthere had been a study done to look at the att aviit.ur.-rrits in the Tov and thisstudy was avai'l able for anyone to read it. Viele wondered if there were and he wondered how much the any. studies show.i ng the economic impact of time sharerestaurants would be impacted. No bne knew of a stuJy, but Peterson stated that dispite the fact that the Marriott had 27 kitchens, agreat deal of revenue for the Town was realized by the ociupants of these units.Ray Warren stated that the kitchens were mainly ui"a io"-inlcks (he could tellby the charts used by the.cleaning persons). -viete nui uiro concerned about themarketing_procedures. Peterson slaieo ttrat tne r'rairioit-w6rri-go-th"ougn-iie-Jirict-est guidelines and the Marriott would also be concerned that th6y would-notantagonize their own guests. viele wondered about conflili-o"t*..n time shareand.regular guests and a'l so wondered what the TOv could ao ir tne time shareproiect doesn't work. Peterson stated that if ittii-ne"e-not successful , it couldbe converted to a hotel. viele stated that Beaver creei liiired that they nowneed a traditional hotel and this conversion worried hi;.- Feterson reptiio itrathe had been studying this for 9 months. Piper.wondered how owners of fractional fee units would have input, and petersons-lated it would be the same as a condo association. Piper wondered about the con-flict between time share owners and hotei-gr.iii-*h.n i[i'tir" share units wouldbe.more nicely decorated. Warren stated tiat hotel guests would not see the otheruni ts . Patten stated that the djscussion pointed out that fractional fee ownership may .ig di{Igl:nt-in experience from tlme Jnire. He added that conditions of approvalwere difficult to enforce, that 5 of 7 in lsef-w;ren;t-lorpiieo with, and did notwant to have conditions that were unenforceable. PEC -3- s/28/85 son moved to deny the uest er the staff memo and Donovan seconded. Afterscuss i on,more Viel e moved and ble to thethis item. next meetinq Vote was 5-0 i n favor of tablin e were ready). 3.uest for a conditiona'l use ermit in order to construct an i theatre p | | cant: The Patten presented the.proposal and-explained the_master plan and the inter.im plan, also.Jim Morter, architect.for the projecl, a1 so "ipriir.a tie-froposat. Donovan readher comments (attached) yhich staieJ-in-part tirat culturat'aciivities-ina ipo.ir'did not mix, that the iolitical sjtuatioh forced tht pian. ichuttz said that insom9.!',9ys.he agreed and that he was not sure if this was the best place ror jn"' amphitheatre, but that a majority ot peofie-wanteJ it-in ioro purr. nipson igreeowith Donovan, Viele stated inat -tre srriieh some of the same concerns but felt thatthe architect had done a good job. Fiper was concerned about the financinq. to ta tabl e number'le moved of spectators was discussed with the additional berm seatinq. 4. i g4d Schultz seconded to a at 2,000 rove the uest er the staff memo. Thewasn tavor,aga r ns pson a for a variance to convert an em I oyee unit Unit 2 in Buildin sociation loca uet Cl u to office s Dace for the Va acquet Club 0wners'at 95 Vail Ra uet u rl ve.Applicant: Vail Racquetub Condominiums Rick Pylman showed theof prior restrictjons, local employees for Z0 floor plans of the proposed conversion and stated that becauseEnat emptoyee units be restr.i cted to long term rental toyears, Mr. Kirch was requested to follow-var.iance procedures MI NUTES VAIL TO}IN COUNCIL MEETING JULY 3, 1990 7:30 P.M. A regular meeting of the Vail Town 7:30 p.m., in the Council Chambers MEMBERS PRESENT: MEMBERS ABSENT: TOI.IN OFFICIALS PRESENT: Council was held on Tuesday, July 3, 1990, of the Vail Municipal Building. Kent Rose, Mayor Tom Steinberg, Mayor Pro Tem Lynn Fritzlen Merv Lapin Robert LeVine Peggy Osterfoss Jim Gibson Ron Phillips, Town Manager Larry Eskwith, Town Attorney Pam Brandmeyer, Town Clerk at The first item on the agenda was Citizen Participation. James Johnson discussed the present outlying bus schedule and reviewed a proposed new schedule he developed. Mayor Rose stated Council appreciated the time and effort James had spent on this item, and it had been discussed at the Work Session that afternoon. He added that the proposed schedule may not be feasible because of the Town's budget, but staff would look into changes and be ready to discuss with Council next week. Next was a Consent Agenda of the following items: A. Approval of Minutes of the June 5 and 19, 1990 Meetlngs B. Ordinance No. 18, Series of J.990, second reading, an ordinance amending Section 18.12 of the Vail lvlunicipal Code to provide for bed and breakfast operations under certain provisions and circumstances and setting forth details in regard thereto. (Appljcant: Town of Vail) c.Tabling to Ju'ly 17 Evening Meeting of Ordinance No. 21, Series of 1990, second reading, an ordinance designat'ing an underlying zone district of high density multi-family to Special Development District No. 7, comrnonly referred to as the Marriott Mark Resort; and setting forth details in regard thereto. Tabling to July 17 Evenjns Meetins of Ordinance No. 22, Series of 1990'first reading, an ordinance amending Special Development Djstrict No. 7, corrnonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Vail Municipal Code; and setting forth details in regard thereto. E.Tabling to July 17 Evening Meeting of an appeal of a Planning and Environmental Commission decision regarding the PEC's denial of a request for a height variance for an addition to Condominium Unit E-6, Lot P, Block 5D, Vail Village lst Filing (141 East Meadow Drive - Crossroads Condominiums) (Applicant: Sid Schultz for H. t.lil'liam Smith) Resolution No. 16, Series of 1990, a resolution authorizing the acquisition by the Town of Vail, Colorado (the "Town") of certain real property located in the Town from Robert ll. Glake and Fern F. Glake ("Seller") for a purchase price of $109,000; such real property to be devoted to pub'l ic purposes; authorizing the jssuance by the Town of its promissory note in the amount of $87,200 payable in three annual installments, and secured by a deed of trust upon the subject real property; and prescribing other details in connection with such acquisition and purchase. Resolution No. 17, Senies of 1990, a reso'lution authorjzing the acquisition by the Town of Vail, Colorado (the "Town") of certain real property located in the Town from Dixon Keyser and Lucille Keysen ("Se1 1er") for a purchase price of $109,000; such real property to be devoted to public purposes; authorizing the issuance by the Town of its promissory note in the amount F. G. of $87'200 payable in three annual installments, and secured by a deed oftrust upon the subject real property; and prescribing other details in connection with such acquisition and purchase. Mayor Rose read the full titles of all items. After a short discussion, Merv Lapin made a motion to approve the consent agenda as presented. Tom Steinberg seconded the motion. A vote was taken and the motion passed unanimously 6-0. Third on the agenda was Ordinance No. 20, Seri es of 1990, first reading, an ordinance amending Ordinance No. 10, Series of 1990, Special Development DistrjctNo.4, Section 18.46.100 C, Density Floor Area, Area C Glen Lyon duplex lots toprovide for gross residential floor area to be calculated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control; and setting forthdetails in regard thereto. (App1 icant: 75% of Glen Lyon subdivision property owners) The full title was read by Mayor Rose. She11y Me1 lo explained the amendment and exactly what the changes would do. She reviewed the SDD criteria and development standards used in evaluating the request, noting the Planning and Environmental Commission approved the request by a vote of 4-1, with Diana Donovan opposing. Shelly and Kristan Pritz then answered questions of Council. Andy Norris gave some background information to help clear up some misunderstanding of reasonsfor the changes. Tom Steinberg then made a motion to approve the ordinance on first reading, which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. Next was 0rdinance No. 23, Series of 1990, first reading, an ordinance amendjng Section 18.26.040 of the Municipal Code of the Town of Vai'l to include as a conditional use "Television Stations" in the Commercia'l Core II zone district and setting forth the details in regard thereto. (Applicant: Vail/Beaver Creek Television Network) Mayor Rose read the ful 1 title. Mike Mollica gave background'information and reviewed the zoning criteria used in evaluating the request to add "TV stations" as a first floor level , conditional use in the Commercial Core II zonedistrict. Mike noted staff recormended denial because the request was not consistent with the review cri teria and was inappropriate for first floor level space. He reviewed the Planning and Environmental Commission's vote of 4-? for denial , with Chuck Christ and Dalton l,{illiams opposing. Mike also referred to thestaff memo dated July 3, 1990 showing PEC members' comments. Bill Perkins, representing the Vail,/Beaver Creek Television Network, gave reasons why he felt the request for conditional use should be approved. After much more discussion, Merv Lapin made a motion to approve the ordinance on first reading. Seconding the motion was Peggy Osterfoss. Lynn Fritzlen suggested two additional items be included in the criterja for conditional use: l) a studio or production room be visible from the street, and 2) only cable casting with no broadcast antennas being permitted. Merv amended his motion to include the additional criteria. A vote was taken and the motjon passed unanimously 6-0. Fifth on the agenda was 0rdinance No. 25, Series of 1990, fjrst reading, an ordinance amending Special Development Djstrjct No. 23, the Vail National Bank Bui lding, and setting forth the details in regard thereto. (Applicant: Vail National Bank Bujlding Corp.) Mayor Rose nead the full title of the ordinance. Mike Mollica mentioned the Vail National Bank had been before Council a few months earlier to request an amendment to SDD No. 23. The request now was almost identical in that it included the enclosure of two third f'l oor decks. Mike gave brief background information, noting the problems with the prior request, and how the request has changed. He then detailed the SDD criterja used in the evaluation, adding staff recormended approval of the request, with two conditions: 1. The Town of Vail will not issue a temporary cert'i ficate of occupancy to the Vail National Bank (for the enclosure of the two balconies), until such t'ime as the Medical Center receives a temporary certjficate of occupancy for the parking structure. 2. If fon some unforeseen reason the Medical Center's parking structure is not completed, the newly constructed deck enclosure sha'l 'l only be allowed to be used for common storage. The owner shall be required to submit a written agreement addressing this condition on the use of the space for the Town Attorney's review, and this shall be recorded on the land records at the Eagle County Clerk and Recorder's Office. Mike reported the Planning and Environmental Commission voted 6-0 for a recommendation of approval . At this time, Rob LeVine made a motion to approve the ordinance on first reading, with the conditions as recommended in the staff memo dated June 25, 1990. Merv Lapin seconded the motion. After some discussion, Tom -2- Steinberg explained why he wou'ld have to vote against the request. Jay Peterson, representing the applicant, responded to Tom,s concerns. There was discussion by Council to add language inthis was a special circumstance to solve intricatehis motion to include the added language, and Merv taken and the motion passed 4-2, with Tom Steinberg the "Whereas" section to indicate parking problems. Rob amended amended his second. A vote was and Lynn Fritzlen opposing. Sixth on the agenda was Ordinance No. 26, Series of 1990, an emergency ordinance for the purpose of a1 lowing parking as a temporary permitted use in an area south of theVista Bahn terminal from Vail Road to Chair 12, and setting forth details in regardthereto. The fulI title of the ordinance was read by Mayor Rose. Ron Phillips commented the ordinance was written to alleviate the temporary parking problem, and was discussed with Vai'l Associates (owner of the property), the Forest Service, and surrounding business owners - alI approved. Ron then reviewed drawings of theproperty where the proposed parking would take p'l ace. He added the Planning and Environmenta'l Commission, at the Council l,Jork Session today, was informed of the p1an, and there were no objections voiced. There was some discussion that it would be a good idea to notify the property owners around Mill Creek Circle by letter of the plan. A motion to approve the ordinance as an emergency ordinance was made by Tom Steinberg and seconded by Peggy Osterfoss. A vote was taken and the motion passed unanimously 6-0. There being no furthen business, this meeting was adjourned at 9:40 p.m. Respectful 1y submi tted, ATTEST: Minutes taken by Bnenda Chesman -3- at I,IINUTES VAIL TOUN COUNCIL MEETING JUNE 19, 1990 7:30 P.ltl. A regular meeting of the Vail Town 7:30 p.m., in the Council Chambers I{EIIIBERS PRESENT: }'IEMBERS ABSENT: TOI{N OFFICIALS PRESENT: Counci'l was held on Tuesday, June 19, 1990, at of the Vail Municipal Bujlding. Kent Rose, Mayor Tom Steinberg, Mayor Pro-Tem Lynn Fritzlen Merv Lapin Robert LeVine Peggy 0sterfoss J'ln Gi bson Ron Phi'l'l i ps, Town Manager Larry Eskwith, Town AttorneY Pam Brandmeyer, Town Clerk Ten year employment anniversary awards to Pam Brandmeyer, Jan Choti, and Betsy Rosolack was first on the agenda. Ron Phillips gave background lnformatlon on Jan, a Bus Supervisor in the Transportation Department, Betsy, a Planning Technlclan for Comnunity Deve'l opment, and Pam, the Town Clerk. Jan was not able to be present at the meeting, but Ron awarded Pam and Betsy with Town of Vajl silver belt buckles. Mayor Rose thanked them for thein long years of service, and stated the Council appreciated their hard work. Under Citjzen Partlclpation, Josef Staufer had a question for Krlstan Pritz' to which she responded. There was no other discusslon. Third on the agenda was Ordinance ltlo. 18, Series of 1990' first reading' an ordinance amending Section 18.12 of the t'lunicipal Code to provlde for bed and breakfast operations. Mayor Rose read the fu] I title of the ordinance. Betsy Rosolack gave brief background information on the ordinance, stating it was a housekeeping ordinance only. There was no further discussion by Council or the public. Merv Lapin made a motion to approve the ordinance, whlch Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Next was Ordlnance No. 21, Serles of 1990, first reading, an ordJnance designating an underlying zone dlstrict of high denslty multi-famlly to Specla'l Development- Dlstrict No.-7, comonly referred-to as the Marriott Mank Resort. The full tit'le was read by tlayor Rose.- Kristan Pritz detailed the background of the request and explalned itry ttre applicant was requesting the high density multi-family (HDMF) zoning for SDD No. 7. She reviewed the criteria used in evaluating the request, shown-in the staff memorandum dated June 11, 1990. She noted the request met all the criteria, and explained why staff recommended approval . Kristan also remarked staff had recormended approval be conditional upon the SDD amendment being approved, but the PEC removed this condition of approval . She then reviewed the request for major amendments to the SDD to add 56 timeshare units and ten employee housi,ng units, and sunmarlzed the proposal , itemizing as shown ln the staff memorandum dated June il, 1990. Kristan revlewed the criteria: uses, density, design compatlbility' employei housing, parking and loading requirements, the Land Use Plan goals relevant to- the property,-on-and otf-site traific circulation, and landscaping- She^stated staff rlcoimendid approva'l and explained why. She then referred to the staff memorandum dated Juirl 19, 1990 suimary of pEC action tisting the 16 condjtlons for approval . Kristan a'l so noted Council had received many 'letters regarding the proposal , both pro and con. Mayor Rose remanked this was a good overview of-the entire project, but the Council-was dealing with two separate ordinances: 1) the underlylng-zone district, and 2) amendment to the SDD; and he wanted to deal with each slpaiately. Larry Eskwith cormented on the property situation. After a short discussion by Counci'l , lrlerv Lapin made a motion to approve 0rd'l nance No. 2l on first reading, and Lynn Fritzlen seconded the motion. There was some discussion by Councii, Kristan, Larry, and Jay Peterson representing the applicant, regarding the previous zoning and what the underlying zone distrjct would mean as far as any iuture changes. There was also discusiion of the previous SDD ordinance and problems in-dealing with it. A vote was then taken and the motion passed 5-l' with Peggy 0sterfoss opposing. FILT The fifth ltem was Ord'lnance No. 22, Serlcs of 1990, flrst readlng, an ordinance amending SDD No. 7, comonly referred to as the Marriott Mark Resort, and the development plan in accordance with Chapter 18.40 of the Municipal Code. Mayor Rose read the full title. Kristan Pritz stated she had already given her full presentation. Therefore, Peter Jamar, a land planner representing the applicant, explained how the applicant's request arrived at this proposed p'l an and the process they went through to get to this poj nt. There was then much discussion by the Council, Peter, and Jay regardjng timeshane units, the frequency of use, and different uses. Kristan explained the criteria for timeshare under the conditional use review. After much more discussion, Brad Quayle, Harry Frampton, Larry Lichliter representing Vail Associates, Bob Lazier, Tom Banner, and Dalton lljlliams (speaking as a Planning and Environmental Connnission member) all stated they were in support of the proposed project. Cindy Jacobson was opposed to the project. At this time, Councilmembers stated their positions. Rob LeVine commented he was concerned about growth, but this was a good project, the t'larriott was a good neighbor, and the Lionshead Ma1 I area needed the activity this would. ultimately bring. Merv Lapin was opposed, stating the Town could not keep up with Vail Associates' growth and the growth to the west of town; a1 so, he could not support the request for a 50 percent increase over allowable GRFA, twice the number of dwelling units a'l'lowed, and the increased density. Peggy Osterfoss felt the area could handle the added density, the Town needed more rental units, the request falls within the SDD criteria, and the local economy would benefit from'l ocal accommodations. She added she felt Council was looking at the maximum, and wou'ld there be any problems having a deed restriction to prohibit any further GRFA requests. Jay Peterson replied the applicant had no prob'l em with including that condition. Mayor Rose felt different infrastructure was affected in different ways, and the Land Use Plan was a good document and has worked well over the years in directing where developments cou'l d occur. Tom Steinberg remarked he liked the new building and parking situation, but fe1 t the density was too much. Lynn Fnitzlen stated she thought if this property was upzoned, then Council would have to look at upzoning the surrounding area, and she did not agree with spot upzoning. Jay Peterson commented since it looked like the Council was in grldlock (3 for' 3 against), he wanted to request the the ordinance be tabled until a later date. He added he would like the opportunity to work on the problems the Counci'l had with the proposal . Diana Donovan, as Chairman of the PEC, said the proposal had gone through the process, had the PEC's support except for one person' had the neighbors' support, and the staff's support, and she did not want to work this hard'lf she did not know the ground rules. Jim Shearer, of the PEC, agreed with Diana, and questioned just what the Land Use Plan did, and that if it did not address the Council's concerns, then it needed to be reviewed. Rob LeVine made a motion to table the 0rdinance until the July 3 Evening Meeting, which Peggy Osterfoss seconded. A vote was taken and the motion passed unanimously 6-0. Ordinance No. 20, Series of 1990, first reading, an ordinance amending 0rdinance No. 10, Selies of 1990, Special Development District N0.4, Section 18.46.109 C! Density F'l oor Area, Area C Glen Lyon dup'l ex 'l ots to provide for gross resldential floor anea to be ca] culated per the requirement of the primary/secondary zone district Section 18.13.080 Density Control was next on the agenda. Mayor Rose read the full title. Krjstan Pritz stated this item had been postponed from tonight's meeting to the July 3 Evening Meeting. Next was Resolution No. 15, Series of 1990, regardlng the Town's intention to issue multl-family housing revenue bonds for Professional Development Corporation. Lynn Fritzlen commented she had a potential conflict of interest, so she abstalned from vot'ing. Ron Phi'l lips remarked.this had been discussed previous'ly by Councll, and Charlie I'Jick answered questions of Council. After some discussion, Tom Steinberg made a motion to approve the resolution, which Merv Lapin seconded. Rob LeVine stepped out of the room for a noment at thjs point. There was agreement among Counci'l to amend Section 2a stating that should the bonds in fact be issued, the prospectus shall clearly indicate in bold face type that the Town of Vai'l shall have no ob] igation whatsoever for the payment of the bonds. Tom Steinberg amended his motion. A vote was taken and the motion passed 4-0, with Lynn Fritzlen abstaining and Rob LeVine absent. The eighth item was an appeal of a Plann'ing and Envlronmental Cormlsslon declsion to support staff posltlon to deny tlr. Todger Anderson's request to al'low the coiritructlon of two additiona'l masonry fireplaces wlth type A vents for lnstallation of two Peterson gas log fireplaces. Susan Scanlan gave background information on the request, including the PEC vote of 5-0 in favor of the staff decision to deny the request. S'id Schultz, representing Mr. Anderson, gave reasons why he thought the request should be approved and the PEC decision overturned. There was then some discussion by Knistan and Larry regarding staff's interpretation of the ordlnance COPY tll -2- I and Council's options. They stated there was no variance of the ordinance a] lowed, so Councjl had to uphold the PEC decision or change the ordinance. After more discussion, Todger Anderson addressed differences between gas log fireplaces and gas appliance fireplaces. Rob LeV'i ne made a motion to uphold the PEC declsjon, whlch Tom Steinberg seconded. A vote was taken and the motion passed unanimously 6-0. Action on the Vai'l Resort Association lease agreement was next. Larry Eskwithbriefly gave background information on the agreement and stated it was a one year lease for the old Post 0ffjce building. After a short discussion by Council, LynnFritzlen made a motion to approve the agreement, and Rob LeVjne seconded themotion. A vote was taken and the motion passed unanimously 6-0. Last on the agenda was action on the Vai'l Resort Association information booth and special events contract. Larry Eskwith noted the contract was almost identical as the agreement the Town had with the Chamber of Commerce before, and gave specifics. He also noted the agreement included $30,000 to pay for a special events person for the VRA. Rob LeVine mentjoned a typographical error in Section 3A to be corrected. Rob LeVine made a motion to approve the contract with the noted correction, which Lynn Fritzlen seconded. Larry Eskwith sajd Steve Barwick would complete the blanksin the contract. A vote was taken and the motion passed unanimously 6-0. There being no further business, the meeting was adjourned at 11:45 p.m. ATTEST; Minutes taken by Brenda Chesman Respectful ly submitted, -3- t') -ta PETITION FOR}I FOR AITIENDMENT TO TIIE ZONING ORDINANCE This procedure is reguired foror for a request for -a district -oR REQUEST FORA CIIANGE IN DISTRICtr BOI'NDARTES A. NAI.IE OF PETITIONER ADDRESS B. NAIIIE OF ADDRESS PETITIONERIS c.NAME OF OI,INER (print or type SIGNATURE ADDRESS D.I,OCATION OF PROPOSAL ADDRESS E.FEE $IOO. OO PAID any amendnent to the zoning ordinance bor:ndary change $/:etn ?4't't'q'- I. pacj,Jln:l2ln_Jy+, ttoulp.-6:-0otl F. A list of the names of owners of all property adjacent to thesubject property,= and their rnailing3ddr"rr"r. N^J^^-0^^1^1 AJn^,'fu1 V PHoNElnlts0gJ LEGAL, DESCRTPTION__]_oI btock filinq (ovER) .? Petition form for Amen. Q ,o.irrn ord or Request rollrrans. i' uJiS:;i:" I1. Four (4) copies of the following information: A. The Petition shatt include a suilnary of the proposed revisionof the regurations, or a-comprete description oi trre pioposeachanges in district boundaries and a map indicating-ti; existingand proposed district boundaries_. Applicant nust subnit written and,/orgraphic materi,als stating the reasons for -riquest.. IfI. Time Requirements The Planning and Environmental Commission rneets on the 2nd and 4thl'londays of each rnonth. A petition with the necessary accompanyingmaterial must be submitted four weeks prior to the &ate oi'the meet-ing. Following the Planning and enviio;;ental commission meeting,a1l arnendments to the zoning ordinance or distri.t t;""e;ry cnan6emust go to the Town Council for final action. IV.Your proposal will be reviewed for compliance with Vail's Comprehensive plan. -fr_l{!-l[-! r:tF- l,_.i.:i I L_ fli:',::e i ; 1r'Fi'i-r . l'-:<-:rf' '' ;' i.. ' .. tii|. r ,i..,i il ' i ,:.:i ; ' ir 1 '.1tirl'!ri 1 L-,.. I l-i -l- z*,,1 f'':1 r d i I i,: : il; ' L ,'.-t' t,- : .,.r_i ,t:. ,, ,r-,r'i -t'Hr-lt'-l!': :r-t t "-i t,-.oa a) Ma'uJ rr^- b-q-fv&^ I )_ \ Norrc' rs HEREBTQT*" *.:::""::::" .,,t,,,,r"onnenta1 ; Coronlssion of the Town of Vall wlll hold a publtc hearlnE ln 4.!u,7 ."/ accordance rlth Sectlon 19.66.060 of, the rnunlcJ,pal code of the !t', rown o! vall on Ausrust 27, Lsso, at 3:oo p.r'. r?tt.tt*SP$tt Uunlclpal Bulldlng. Conelderatlon of: I lU, 1. A requelt to apply an underlylng zonc dlrtrlct of hrbllclccoDnodatl.on all of lot t and i.ot Z, Block l,Vat1,/llo:rehead Thlrdl Fillng, a eubdivl.elon reiorded Ln Book22L at. Page 992 of the Eagle County, Colorado, Clerk andRecorderre records, pa* of fct cr-itorcuc subdlvtalon, aeubdlvlrion recordia-fn Book 255 it tage ?o of ttre gagfi Counlyr^Colorado, Clerk and Rccorderrs-reeerds, bel,ng Dore. particularly descrlb€d as followe: - - -.B"glnnLng at tha Eouthcact corner of lot D, UorcuaSubdlvrctglt ^lhcnca N 22.88'41" $t-i--;iaii""r-oi'rse.oi-tcctrthcncc S 83.25'4S', tf e d!.atancs ot'eg.ig-i".ti-tfrrrro,N 16'17'21" ll to thc Southcrtv-riili:"i:riv.ii"i of lfsartlonshcad cfr-crc a dlgrance oi re5.sg-istt-; tfiJnca aloni aald.outhrrlv rlght-of-rrav an arc drctanec of ioo.si-icJttrioni-"curvr to thc lcft, cald eurvc havlng a oinirii-anifc oi----' - 39:9119?lr a'radtua ot ggi.OO iect and whoga tonr ohord bcarsu 5?148'28" E a dlgtancc of 198.33 ii;t co-i p"-i"t ot rcvcrllcurvatura; cald^curvc havln3 a ccntrit anifJ 6i-46.t6€i.-.;-.;-radl''-rc of 239.00 faet and whose long cborE ucara N sg.ga.g2;'E adlgtancs of 196.11 feet-t-o a polnt 5f rcvirce aunvaturc; thancccontl.nuing along 9ar-! rfrht-ol-way rn arc dtgtinee oe le.el iiit,a cant_ral anglc of 13'lB'81", a radluc of 2o0.o0 f,cat and whocclong chord bcar! N BGoog'25"'E a dtctancc of ae.gz fsct to i P91!! of rcvcrao curvatule; thcnee contlnuirr .n arc dlrtancc of?L.-32- fcct, a central angrc of, or'47'o2", a iaaius of gzs.oo-riat and whoac lon3 chord bcara N ?s.96'2g" g a dtgCancc of 7t.2? tii+to a polnt of rovaruE curvatura; thsnec 22:69 erji efonr-ttrc ircof a curva to tlrc rtlht wlth a cantral aatls of Eg.li;ot'; a --- radlus of 15.o0 fcct-end whoae long cbora-bcari g 65'og:gi':-E adlatsncg of 20,51 f?ct;'thcnca conf,lnulna afons tfrc roitcriyrltht-of-wav- llns 6f tlonchcad Placc ffi.5? fcsE alonS thc iic ofr oury. to thc rlrht rtth a ccntra! anSla of 2g.0O'06.,, a radtucgf 1?1.00 fcct and whocc !,onl chord bcl3a S-Oa-OOtOO; i a ' ------ dlrtlacc of 82.74 f,cct to a potnt of rcvclac curtraturcj thrncccontlnulng-alon3 aald rltht-of-ray llno along a eurvc rlth an arc.lirtanoc of ?1.90- frct, e ocntral inllc of g?.OE:l?.,' I ladluc off1O.0O fcct rnd rbost lont ohord bcaii S-lZaE{;Og; l-a atitrnco - :f'-?g.qq f*t, tc tlrc aorlhoalr co3n.D ot-i^o S,-U^lL{.tonrhcad'lhlrat flff4i thcnor I {0.00'00,, W r dlatrncc of 1E5.EE fostt ltranec I 02'56'51" B to thc couthcalt corncr of tald lot { a-dhtanoc of 130.?6 fccti ttrcncJ-S AC.ZA;OO.i t{T-dt-trn; of SO.OOt fll-thcnoc I ?6'l{'00" lf e dl.ctancc of 1g5.6{ ftst; thcncr8 86'24'00" lf to thc Southwsct.coracn of tald ,.af I i dtrtencc of?2.29 foct to thc Polnt of Bcllnnlnc, conlalnlnl 102,66g lgurrcfcct or 9.6 ecrrs lcrro or lcci. and a reqrres$ appty an und€rlytng "onllstrict of -HlghDensity Uultlp-le Fintly to all of IPt D and a-part of l,ot C, Uor6us strbalvlston, a eubdlvlelon recorded ln Book 255, at rage ?0 of the Eagle county, colorado, clerk and Recorierrg recorda l-tng uore-partlcularly descrlbed as follows: Baglnnlng at thc gouthwcatorly corncr of, aald tot D thcnca N tB.l?'ZI', E I dtetancc of 399.80 fcct to thc Southcrly rfght-of- way of Wcst Llonahcad Clrclc; thencc along cald Southerly rteh!1 oilriv - aro dlatancc of 1OO.1O along a curvc to thc lcft' aald cur"r- havlng a :radlua of 392.00 fcct, a ccntral anScl of ei;li'so; -"ia whoac chord bbarc N 86'3{'47" E a dlatancc of iSs.ge fect; thenca I 16'1?'21' E a dlrtancc of 1e5.59 fcct; ihcnce -N 83'25'15' E a dlctanca of 63.29 fcct; thcncs s 22.9A'A1^E a dlctancc of 159.02 fsct to the Southeactcrly corner of cald Lot D, thsncc S 86'24',00" !l alon8 southerly lot llle a airitno. oe ZrO=oO tcets thance S 16'1?'00" 8 a dtctancc of 3;:'5' i;;i; thcncc s ?3'42'gi" l{ to Southwoat cornsr of aald 1ot D a dGi;;; of Ze.ee fect to tha polnt of -beSlnnlng contalnlng e4,a61.19 tguarc fcst or t.SB acrc! noto or lces' Both Propertles lcnow as ?15 weBt Llonehead Clrcle (The Uarrlott l{ark Resort) .Applicant: u-K corPoratlon 2. A request for a naJor subdlvlslon, to aPprove Cnl i'reffninary plin, a regueet for a variance to the naxliun height-for retalnlng walls, and a request for a variance to-the uaxl'num percent grade for a road' on a narcel conmonly referred to aa Spraddle Creekr an ipproxLnate 40 acre parcel located north and east of the uiin vatf f-70 lnterlhcnge and east of the Spraddle Creek itvery. Cornnencihg at the Northeaet Corner of tbe Southeast i/+ oi ttre Southwest t1t of -sectlon 5, Tor{nshlp.S South, _ninge 80 t{est of the 6th Prlnclpal }terldianr. be5.ng an Eagle Couity Braas Cap properly narked and set,.with all bearl.ngs__ containea herein Leing rElative to a-bearlng of S O0 11r 00n E between the Northeait Corner of eald Southegst 1rl4 of tlre southwest 1/4, and the southeaet corner of eaid Southeast L/4 ot the 'southweet L/4 belng -an. FaSl9 County BraEs caP p'roperty narked and geti eald NortbeaBt Corner of tlre 3oulfreait l/4 ot ttre Southueat L/4 being- the PoLnt of b{ffiGti-thence I oo 11r oon E along tlre.eaet llne of sald Sorittreas€ t/t of tlre Southweet, L/4 of Sectlon 5 a dlstance of, 1320.14 ieet to the Southeast Corner the sald Southeaat L/4 ot ttre Southwest L/-4 of _sectlon 5i thence s 89 47r {8o l{ aioncr tha south llne oi sald Southeaet L/4 of the Southveet i|i te Cectlon 5 a dletance.of, 9o1.oo feeti thence N 73 481 f'Z' ll along Interstata ?0 Rlgh! -o-q W?y llne.a dlstance of i7q.n eee€; thence N 66 52r-12n w aloTg.eald.Rtght 9f-Tayilne a dletance of 241.1O feet to a polnt on tlre weat lln€ oi aaia Southeaet L/4 of the Southweet.L/ of Section 5; thence N oo 20r 3ilr tf al0ng the veat ll.ne of sald southeagt 1{3."1.'li"Ultffi:1.'{l'il'ff'*l 3.ili:::t"iio"l"tf l' " Southsest t/| of Sectlon 5 belng an Eagif1 C9-ulty_bragB- cap properlv laikea and cett thence-N 89 41r 12r E along tlre ioii,tr-fint oi cala Southeaet L/4 of the Sougrweet L/4 ot Sectl.on 5 a digtance of 1331.0? teet to tlre Polnt of Brglnnlng. Sald real property contalnlng 39.55 acreB, lors or lccs.Appllcants G€orge Glllett, ilr. 3. A reguest for an exterlor alteratlon on.tpt c and lot Dr,and tlre ioutlrwertcrly 4 feet of lot B' all ln Bloc1c 5;B, Vallviirtei-iei iiirire, lzt Brldsc stieet (correred Brldse Bulldlng).eppltcait: Elllle of SnosDaBB, Inc. and Bnrcc lnn t Araoclatcg. 4. A r€quest f,or a naJor arnendnent to SDD llo. iel-ii"t oc-parcEi-e, ii""iitage s'bdivlslon, Fil1'ng 2' (The Vall€y Phase fII!Appllcant: Brad t Suaan TJoEBeln The appllcations and lnfonoatlon about the proposala are aval.labla for publlc lnspectlon ln the Conuunlty DeveloPlent Departnent office. Town of Val1 Connunity Developnent Departnent Published Ln the Vail Trall on Augrust 10, 1990' ${f i*T $$ev i. co Eeo o, o!EFrB= $sE E€E;!E egsp sE tdnc tLr ,'(--\ ,/ { \-r-ji.\I ( lt-LJ-VIt-\ t,7Ff=wtF- -\.J-- -=-o= 11 Hfio -,r0., \i " llc : "r I.*{uu'*" o) *, .: : rr !"r /o ? I \.t ?pft Hzd z{HzH F r{ to Ee -9o 0)ttE} e n'Eolo=F5 ! E€E!!r H:gp 9E :-o I I I i i I norr"r * o"""t*- *.ll:'"::::, .,,l",,,,r"o,,'entar Conulselon of the Town of ValI wlll hold a publlc he accordance rith Sectlon 18.66.060 of ttre aunlc tp*4 Toun of Vall on Augrust ZZ, LggO. at 3sOO p.rn. ln the Uunlclpal Bulldlng. Conslderatlon of: \l/ 1. A reguest to apply an undertylng zone dletrlct of pqbllc \Z-. Accouodatlon all of Ict 4 and lF.t 7, Elock 1,qd Vallr/Llonshead tllrlrd FlllnE, a enbdlirtsl.on rciorded Ln Book4l\ ^ ?21 at Page 992 of the Eagle County, Cotorado, Clerk and| ^{ Recorderrr recorde, pa* ol tot cr-}lorcus subdlvlelon, a ...Q \ rubdlvlelon recorded- ln Book 255 it lage ?0 of the uaile(r\F County, Colorado, Clerk and Recorderrl-leeords, bel.ng Dore C \- paft,l.cularly deacrl"bed as follosc: t.\, C\,- ;,_,1 i.Bc:lnntnj at thc gouthaeat cornar of tot D, Uoroua\- Subdivlclon, thcnac N 22.89.41,, W a diatancc of-l5g.Ot foet;thancc_S_8gc25.4S., lt a dLsrance ot-83lig iiiti-t;;;;;-N 16'1?'2r' r{ to thc soutbcrly tiiri:i}-w.y iin.--ii w.atttonrhaad crrclc a dratance oi re5-59-fceii i[Ji".-.iiir aarasoutharly-rlght-of-cray en arc dlgtancs of 2oo.s1 foct.along acurvc ,!g..the. tsft, aald_curvc havln3 a ccntral e"iii-oi29'01'07', a radlua of, 392.00 feet Ina wrrosl-iorui-"rroii u".r"u sz.4B.2B.,E.a dletance of l9g.BS iJJt to a polit oi-rgvercccurvature; cald curve havtns a eintrir-airttJ ;i-46.i6€t.1;-;-radl-irg of 299.0o fcet and whogE loni crrorE bcarc-i aC.gs.s2.,E adlltanca of 198.11 f,cet to a poUi 5f-rcvcrce curvaturs; thcncccontt'nutng alon3 gatd rl:ht-of-way an arc dlstance oi-e6.aZ icit,a oent_ral alrsls of 13.19-51.., a radius of 200.00 faii &O whoaclong chord bcara N 86'09'26" E a dlgtancc of 46.3? fcct to apolnt of reveree eurvaturs; thcnce contl.nutnl an-arc-diatancc oe?L,32 fcct, a ccntral ansli ot oi.eitiii;,i iaa-iui-iC gZS.OO-tiit and whocc lon3 chord bsara N ?5'36'29" E-a dlctanca it-tt.ZZ tilito a polnt of, rcvcrlg curvaturci thcncc 22:69 fcci elonf thc arcof a curvc-to ths rtlht wlth a ccntral anile oi-ae.ii;0t.,, r --- radlue of 15.00 fgct and whoac long chora bcari s gs.oa;gi.:-E adlrranca of Zo.Et fscr; thcncc conlrnuina at;i itrJ-riatcrfi - rllht-of-wav^ lrnc 6f r,ionchcad plici a5.52-iiE ii;d-thc erc ota Gurvc^to^thc rtrht rlth a ocntnal snSls of 29.00'06.,, l redluc9f 1?r.Oo fcct and whoaa lonr clrord bJila S-Oa;06;OO; i rdilteacc of 82.74 fgct to a polnt of-rcvcrac curtraturc; thraccoontlnutnS-algn! cald rllht-of-way lino alonS a curvc rlth rn arcdlstanoc of ?1.E0 fcct, i ccntral-.nrfi Ji-bY.oa:l?.;; i radluc of110.00 fcqt anrd rboce lonl ebord bcaia S iZasl;og; l'.dlrttnaosf'?o.oe_f*t' to tho nor-holly c""ili if-r^i -.q, -uaita,lonrhced 'ttrlrd 8trtlr; thcnar I {o.oo'06"-f r-ariiurci oi rd6F-f;[t--t-hcncc I 0?'56'61" E to thc aouthcqat corngr of raia bt a adlatancc of l3o.?6 fccti thcnci-6-ai;za'oo' ttTttacrnsc or so.oo {.r!i-t-lrcncc I ?6'1.1'00' lf a diatancc of, 195.6{ :fcrt; thrncaI 66'24'00" lf t'o thc Eouthwcct corncr of cald lr'r, a i dtrtancc of?2.29 foct_to thc Polnt of BellnnlnS, contelnlnl l6ZrE66 lEuuGftat or 9.6 acma Dora or lcac. at Paqe 70 of the Eagle Rec rg rccords belnE an underlylng zonfletrict of ttighto all of Ipt DY.rd a Part of Lot a eubdl.vlrlon recorded ln Book 255t County, Colorado' Clerk and Dore-DartlcularlY descrlbed ag i:i"?.i"ffifi# i:HiI, C, llorcus Subdivlslon, :5 I 6f-rat'an aro dlctancg of 180.10 along a curvc to thc lcft' csld curvs havlnl ! radluc of 392.00 fcct, a celtral an8c1 of 81'42'30" ana whoaa chord bbarg N 88'3'{'47" E a dlatancc of 158.99 fect; thcncs S 16'1?'21' E a dlrtancc of 165.59 fcct; thence -N 63'25'15" E a dlstanoc of 83.29 fcat; thanca S 22,9A'4L"8 a dlctancc of 159.02 fcct to the Southcaabcrly oorner of gald Lot D, thcncs S 66'24'00" W along Southerly lot llnc a aiairnJc of 2fO.OO testi thence S 18'1?'00" 3 a diatanec of, 3a5' fccta thenee S ?3.42'g?" t{ to SouthwEat eo!.n€r of rald Lot D a atatinca of, 28.89 fcst to thc potnt of beSlnninS contalnlng 68,861 .19 rguarc fsct or 1.58 acrc! ltotc or 1cas. Both propertles knor as ?15 tfest L,lonshead Clrcle (The llarriott l{arlc Resort) . ApplLcants U-K corPoratlon 2. A request for a naJor eubdlvlslon, to approve the freltnlnary plin, a-requeet for a varlance to the naxliun height-for retalning ualle, and a request for a varLance to-the naxl.mun percent grade for a road, on a parcel corunonly referred to aa fPr-addle- Creek, an ipproxlnate 40-acre Parcel located north and east of the uiin vail r-?o lnterbhange and east of the Spraddle creek livery. Comencing at the Northeast corner of the southeast L/+ oi the Southweit t1l of -sactlon 5,.To$shfn.5 south, -nlnge 80 t{est of the 6th prlnclpal Merldianr.!"119 an Eagle Couity Brass Cap properly aarked and setr -wlth all bearl.ngs_ contained hereln- being relatlve to a bearLng of S OO 11r OOn E betneen the Northeast corner of sald southeast l/4 of, the southwest L/4, and the southeast corrrer of said southeaet L/4 ot, the southweEt 1/'l letlg an-Eagle county Brass cap p'roperty aarked and eet; eald Northeast Corner of ttre Soultreait t/4 of the southueex L/4 -belng- tlre Point of G;innfngl 'thence S OO 11r OOn B along tlre-eaet l1ne of rald Sorittreas€ L/4 of ttre Southwest I/4 of Sectlon 5 a dletance of, 1320.1{ -feet to the southeaat corner tbe sald S0utlreast L/4 of the southweet, u,4 of _sectlon 5i thence s 89 47r 48n w aiong the eoutlr 1lne o-f eald SoutheaeX L/4 of tlre Soutbweet L/1 6f. Sectlon 5 a distance.of 901.00 feet; thence N 73 ,l8l ii; W along Interstate 70 Right of Way llne.a dl.stance ot 2L4.LZ fee€i tbence N 66 52r 12tt W along :ald Rlght of_lfay iine a dletance of 2{1.10 feet to a polnt on the reet llne oi aata Southeagt L/4 of the Eoutlrwe,et.-L/4 of Sectlon 5l thence N oo 20t 31n w along tlre weet llne of eaid S0utlreast I . L/4 of the squthweet l/4 of Sectlon 5 a.-dlstance of 1161.66 Ent"n"*?*::t,:;'3';"if ,'l; 3:il"ii:ot{!!i"ili"" oroperlv laiked and rett tlrence-N eg llr 12$ E along tlre io;{n-fi"E-oi iala Southeast L/4 of, the SoutlweBt 1/4 of sectlon 5 a d!'rtance of 1331.0? faet to the Polnt of itgfnnfng. Said real property contalnlng 39'55 acrea' Dore or 1€Bg.Appllcants George GlIIett' ilr. 3. A requeet for an cxterl'or alteratlon on Iot c and Iot D,-and ttre touthweeterly 4 teet of fpt B, a1l ln Block 5-Br Vall vrirage lst iri$te, izz Br!'dge Stieet (covercd Brldge Bulldlng).Appllcait: Hllllg of 6nomae8, Inc. and Bruce AnD & Aegoclatee. ,0. A request for a uaJor amendment to SDD No. iel-ii"t "r-paicEi'i; ir;;trtdse subdlvlalon, Fltlng 2' (rhe Valley Phase III)Appllcant: Brad I 6usan TJoecen The appl!.catl.ons and lnformation about the proposala are aval,lable for publlc !.nspectlon Ln the comunlty oevelolrnent Departuent office. Town of Val.I Connunl.ty Developnent Departnent Publishecl Ln the Valt Trail on Augtust 10, 1990' nl, L.l-_-_________r.J i -lt'--f] =€Eza z- =-7 sct J<- rr(J6 ct rt) \t )l:IYr.3 r3 N 6 CU ,i,,-..Js'Lfv N u") CU I )a :ar- L'r.iF -,,/.) 'J'7 t,l \r 7|hF:(vS YY CD ro v><|. . c1O ^s- VX O u-) I )Z t I r!u)q CU ,1, ,". tr) li c") JX N tu I)l L3 ol :l=)lltf >< I )l :z 13 3 ls F lfF I )z 1..,, v I\lY tv v l:zLJ l= ii Lr, 7.affiocL e'tet'-s C. <s> cOa I )Zt z t:-- <s .= z? r! @ CUl,\ \,,;: (f I t5 A '>< s.) ..r- ---r-\ ./< -\s\ \l-'.,5L -'F_B_ \ < -C-S \f--!- --;E- =-<=. \:-- R..^\s ':\J. A, \<5 :: -ct hs/ k N \ il \ \ .\,) N s LrJi--lt(t s- lcLJ \Cr I \\=\\'/ |-)) \= o_.. :)r >- ta =-: cd/-a t___..i \ zu Mltt-- LJ V) V) C tt r.l- r-J I YY r' l't r-."Ar.)v cu- t\'\N $ \\' $vN NN$ t\',r' u(-t\. \i{\ $\ \ Nt \ N N N \\ N\- $ N N \ 5n, r6 )rxt ,l $ S"t( $ a) $ N NT (J r! taO O.l I :a OO r Lf))zl N/... -!-U.) (J I )4 \r NN p N\ t I l.-rl=1F I }Z )Z€ \. n\ir N\tit * t\ Ns\ \+ * N N t\ \J \ N.\ s N N\ N N .Us '( \J z -aza.) u ,-) r_l>-&J* 3= , .taRo\ RX -;a{} I >< CU I \Zta 9oJreol? v r\I Y>< \ L' :llvll i; NN \ \)s\J \ CU I :4 }Zr- tuO I :Z :l€ t@ -----r--..._./$N* Project Application r ; -r+.=64. Ftr-!, r:-3^ 'r! :{:?-i 'r'igj*rrcT.:',.!i ffdq;lq a sr^, ?k/ao Project Namei Mtaff3 /ft2,t fr*tr - fpr f&,ttranr lre ltaon /1nT //i,vft proiect Descrip tion /flrcr fior u/zttrc ft| rota l[ftt loafj 4/ lar hr p/&ilttfi /pT {xlfua(- frtnv ///tP,o,u4 , VrTaazTs da'er Ftsorzr 4{ n. /'q,ltcoContact Person and Phone y'ett ca 6/6. Owner, Address and Phone: Architecl, Address and Phone: Legal Description: Lot Block Filing " F/f /,r4k", zon" -fPD- commenrs: . fy/flttq OlPa { t/l4q */ an,t"- Ztc 6-z , /tofAu AsP//fur <' /rvt/t) 7a F*q/ rdtu-t/6/E/F fiOary aF EaF; . Ptrf [Xf&toEt tfurto, a*r S//zu ataq'. €tata, 2&rtc€({'*) auZ) ccE/"r73: 2Py/2 'EY ,n) pzzz Design Review Board o^," fdtz Morion by: 4 fuB Seconded by: DISAPPROVAL / 1F/57 Summary: 6tr /,L Town Planner o^r"- 7/rt/f z E statt Approval o I /t /ffl+flltv -,li rtepn! Zec ///uceru,u 'i :,,,f/u /€ futotry fr /ors ftlt Y {rPnq[f-6a,aoP. Pd 7 fil/.lEx I o gtl. p 'i /, rfrlatt fQnr,ry /r,tw n 'lttr tr*r,nf /1/rzt/ l!,'.W trTAt EeeF/ti - zr,tc Ezry 6te Aenu Mrff r/#tzr 4nVfs" 70 fz',tr ,/av 4rsgtuf lras af flr p, ftnr /xrr-rat dF futaru1 ')Au O eat frncca: bnr {litz /3,o,2 / Ulg- or ftl 3 *PN4; fue,tt"s (7Pcv) 4t* \gf f*qf lu€W' DEYAD (E'-tt1-V"fl A-z ) /lil /hvf flanlp 61//PtB aF ,/zt 4/tt{- /a-//r ,tsu /t !A/ iltrn % tz flE/'t. fr/r/'ue's -'qZ*J NED fuup- 'l?; lon ftIzf /5 ilo Assc. l/ /b* /l/aa* - fulnqf , O Y*"d**R*=o cF?*= BY cAFAgEi.aed eltrleL DRB APPLTCATION - TOWN Of VAII., COIORADO DATE APPLICATION RECETVED: DATE oF DRB MEETTNGt - r'rs aPPr,r*r#iil]llior * AccEprEDT'NTIL ALL REQUTRED INEORMATION TS SUBMTTIED********** I.PROJECT INFORMATION: A. DESCRIPTTON: \A,g B. TYPE OF REVIEW: New Construction ($200.00)Minor Alteration ($20.00) Addition ($50.00)X Conceptual Review ($0) c. D. ADDRESS: LEGAL DESCRIPTION: Subdivision Lot Block If property is described bydescription, please provideattach to this application. ZONING: a meets and bounds legal on a separate sheet and E. LOT AREA: ff required, stamped survey showing NAME OF APPLICANT:Mailing Address: applicant must provide a currentlot area. ENTATIVE:H.NAME OFMailing APPLICANT' S REPAddress: I.NAME OF OWNERS: *SIGNATURE (S) :Mailing Address: J. Condominium Approval if applicable. K. DRB FEE: DRB fees, as shown above, are to be paid. atthe time of submittar of DRB application. Llter, whenapplying for a building permitl-please identify tireaccurate varuation of the proposar. The town of vailwill adjust the fee according- to the table below, toensure the correct fee.is paid. - 6\ FEE scHEpuLE: FEE Plro: s 806'- VALUATION FEE$ 0-$ 10,000 s20.00910,001 -$ 50,000 $50.00$ 50,001 - $ 150,000 $100.00s150, 001 - $ 500,000 $200.00 --$500,001- - $1,000,000 $400.00$ Over $1, 000, OO0 $500.00 * DESTGN REVIES' BOARD APPROVAL EXPIRES ONE YE.AR EI'TER FIIIAI.APPRO\IAL t NIrEss A BUTLDTNG pERMTT rs rssuED AltD cONSTRITCTION ISSTARTED. **No APPtrrcalroN nrLL BE pRocEssED t{rrEour o$rNER, s srGr{aruRE o PRE-APPLICATION MEETING :II III. A pre-application meeting with a member of the planningstaff is. strongry encouraged to determine if any additionalapplication information is needed. It is the applicantrsresponsibility to make an appointment with the staff todetermine if there are additional submittal requirements.Please note that a coMpLETE apprication wilt sCreamline theapproval process for your project. In addition to meeting submittal requirements, theapplicant must stake and tape the project site toindicate property lines, buildj-ng fines and buildingcorners. AII trees to be removed must be taped. A1lsite tapings and staking must be completed piior to theDRB site visit. The applicant must ensure that stakingdone during the winter is not buried by snow. The review process for NEW BUILDINGS normally requirestwo separate meetings of the Design Review Board: aconceptual approval and a final approval. Applicantsshould plan on presenting their development pioposal ata minimum of two meetings before obtaihing finalapproval. Applicants who fail to appear before the Design ReviewBoard on their scheduled meeting date and who have notasked in advance that discussion on their item bepostponed, will have t.heir items removed fron the DRBdocket unt.il such time as the item has beenrepublished. The following items may, at the discretj.on of thezoninq administrator, be approved by the CommunJ_tyDevelopnent Department staff (i.e. a formal hearingbefore the DRB may not be required): A. B. c. h a. Windows, skylights whi_ch do not alterbuilding,. and and similar exterior changesthe existing plane of the F. b. Building addition proposals not visible from anyother lot or public space. At the time such aproposal is submitted, applicants must incluoeletters from adjacent property owners and,/or fromthe agent for or manager of any adjacentcondominium associat.ion sLating the associationapproves of the addition. ff a property is located in a mapped hazard area (i.e. snow avaLanche, rockfall, flood plain, debris flow,wetland, etc), a hazard study must be submitted and theowner must. sign an affidavit recognizing the hazardreport prior to the issuance of a building permit.Applicants are encouraged t.o check with a-town planner Plio5 to DRB application to determine the relationshipof the property to all mapped. hazards. For all residential construction: a. Clearly indicate on the floor plans the insideface of the exterior structural walls of thebuildingr. andb. Indicate with a dashed l_ine on the site plan afour foot distance from the exterior face of thebuilding wa1ls or supporling columns. If DRB approves the application with conditions ormodifications, a1l conditions of approval must beresolved prior to Town issuance of i buitding permit. IV.o NEW CONSTRUCTION A.Three copies of a recent topoqraphic survey, stamped bva licensed surveyor, aL a scale of L" = 20, or laiger,on which the followinq information is provided: 1. Lot area. Two foot contour intervals unless the parcelconslst.s of 6 acres or more, in which case, Stcontour intervals may be accepted, Existing trees or groups of trees having trunkswith diameters of 4't or more, as measured from apoint one foot above grade. Rock outcroppings and other significant naturalfeatures (1arge boulders, intermittent streams,etc. ) . Hazard areas (avalanche, rockfa11, etc.),centerline of stream or creek, required creek orstream setback, 100-year flood plain and slopes of40t or more, if applicable. Ties to existing benchmark, either USGS landmarkor sewer invert. This information should beclearly stated on the survey so that allmeasurements are based on the same starting point.This 1s particularly important for heightmeasurements. See Policy On Survey Informat.ion,for more information regarding surveys. Locations of the following:a. Size and type of drainage culverts, swales,eLc. must be shown. b. Exact location of existing utility sourcesand proposed service lines from their sourceto the structure. Ut.ilities to include: Cabl-e TV Telephone 2. 3. 6. Sewer Water GasElectric B, c. Show all_ utility met.er locatj_ons, includingany pedestals to be located on site or in theright-of-way adjacent to the site. Revocablepermits from the Town of VaiI are requiredfor improvements in the right-of-way. d. Property lines - distances and bearings and abasis of bearing must be shown. e. AIl easemenLs (Title report must atso includeexisting easement locations) 8. Existing and finished grades. 9. Provide spot elevations of the street, and aminimum of one spot elevation on either side ofthe lot, 25 feet out from the side property lines. Site Plan 1. Locations of the following: surface drainage on and off sitea. Proposed b. Proposed driveways. percent slope and spotelevations must be shown - 2. All- existing improvements including slructures,landscaped areas, service areas, storage areas,wa1ks, driveways, off-street parking, Ioadingareas, retaining wall_s (with top and bottom ofwaII spot elevations), and other existing siteimprovements. odses (wi oElevations of top of roof r.th existinq and proposed qrades shown underneat.h). Theseelevations and grades must be provided in orderfor the sLaff Lo det.ermine building height. A1lridge lines should be indicated on the site plan.Elevations for roof ridges shall also be indicatedon the site plan with corresponding finished andexisting grade elevations. 4. Driveway grades may not exceed 8* unless approvedby the Town Engineer. Landscape PIan (1'r = 20, or larger) - 3 copies required 1. The foLlowj-ng information must be provided on thel-andscape p1an. The location of existing 4'ldiameter or larger trees, the location, slze,spacing and type (common and latin name) of allexistj-ng and proposed plant material . All treesto be saved and to be removed must also beindicated. The plan musL also differentiatebetween existing and proposed vegetation. 2. Complete the attached landscape materials Iist. 3. The location and type of existing and proposedwatering systems to be employed in caring forplant materiaL following its installation. 4. Existing and proposed contour lines. In order to clarify the inter-relation of the variousdevelopment proposal components, please incorporate as much of the above information as possible onto the siteplan. location of utility serviceattached) . and availability (see A prgliminarv title report must accompany allsubmittals, to insure property ownership and locationof all- easements on property. Architectural Plans (L/8,, = tt or larger, !/4't lepreferred scale for review) 3 copies required. 1. Scaled floor plans and all eLevations of theproposed development. Elevations must show bothexisting and finished grades. 2. One set of floor plans must be t'red-lined" to show how the gross residential floor area (GRFA) erascalculated. 3. Reductions of all elevations and the site plan (S-1/2" x Lt") for inclusion in pEC and,/or TownCouncil menos may be requested. 4. Exterior surfacing materials and material colorsshall be specified on the attached materials list.This materials List must be completed andsubmit.t.ed as a part of DRB application. Colorchips, siding samples etc., should be presented tothe Design Review Board meeting. ?one check list (attached) must be completed if projectis located within the Single-Family, primary/Secondiry or Duplex zone districts. Photos of the existing site and where applicable, ofadjacent structures. NOTE: D. E. G. I. The Zoning Administralor and,/or DRB rnay require thesubmission of additional plans, drawings,specifications, samples and other materials (includinga model) if deemed rrecessary to det.ermine whether aproject will comply with Design Guidelines. V. MINOR ALTERATIONS TO THE EXTERIOR OF BUILDINGS. Photos or sketches which clearly convey the redevelopmentproposal and the location (site plan) of the redevelopmentproposal may be submitted in lieu of the more formalrequirements set forth above, provided al1 important.specifications for the proposaL including colors andmaterials t.o be used are submitted. VI . ADDITIONS - RESIDENTIAL OR COMMERCIAL A. Original floor plans with all specifications shown. B. Three sets of proposed floor plans I/8" = It or largel (1 /4,, = Lt is preferred) C. Three copies of a site plan showing existing andproposed construction. Indicate roof ridge elevationswith existing and proposed grades shown underneath. D. Elevations of proposed addition. E. Photos of the existing structure. F. Specifications for all materials and color samples onmateriaLs list (attached). At the request of the Zoning Adrninistrator you may also berequired to submit: G. A st.atement from each utility verifying location ofservice and avaitability. See attached utilityl-ocation verification form. H. A site improvement survey, st.amped by registeredprofessional surveyor. I. A preliminary title reporl, to verify ownership ofproperty, which lists all easements. VII. FINAL SITE PLAN Once a building permit has been issued, and construction isunderway, and before the puilding Department wi_ll schedule aframing inspection, two copies of an Improvement LocationCertificate survey (ILC) stamped by a registeredprofessional engineer must be submitted. The followinginformation must be provided on the ILC: Building location (s) with ties to property corners,i.e. distances and angles. Building dimensions to the nearest tenth of a foot.. All utility service line as-builts, showing type ofmaterial used, and size and exact location of lines. Drainage as-builts. Basis of bearing to tie to section corner. All property pins are to be either found or set andst.ated on improvement survey. AII easements. Building floor elevations and alL roof ridge elevationswith existing and proposed grades shown under the ridgelines . A. B. D. E. F. H. VIII v CONCEPTUAL DES]GN REVIEW A.Sqbmittal requirements: The owner or authorized agentof any project requiring design approval as prescribedby t.his chapter may submit plans for conceptual reviewby t.he Design Review Board to the Department of Communit.y Development. The conceptual review isintended to give the applicant a basic understanding ofthe compatibility of their proposal with the Town, sDesj-gn Guidelines. This procedure is recomrnendedprimarily for applications more complex than single-family and two-family residences. However, developersof single-family and two-family projects shaLL not beexcluded from the opportunity to request a conceptualdesign review. Complete applications must be submitted10 days prior to a scheduLed DRB meeting. The following information shall be submitt.ed for aconceptual review: L. A conceptual site and landscape plan at a minimumscale of one inch equals t.wenty feet; 2. Conceptual elevations showing exterior materialsand a description of the character of the proposedstructure or structures; 3. Sufficient informatj_on to show the proposalcomplies with the developmenL stand.ards of thezone district in which the project is to bel-ocated (i.e. GRFA, site coverage calculations,number of parkj-ng spaces, etc.); 4. Completed DRB applicat.ion form. Procedure: Upon receipt of an applicatj.on forconceptual design review, the Department of CommunityDevelopment sha1l review the submitted materials forgeneral compliance with the appropriate requj-rements ofthe zoning code. If the proposal j_s in basiccompliance with the zoning code requirements, theproject shall be forwarded to the DRB for conceptualreview. If the application is not generalty incompliance with zoning code requirernenls, theapplication and submittal materials shall be reLurnedto the applicant with a written explanation as to whythe Community Devel_opment Department staff has foundthe project not to be in compliance with zoning coderequirements. Once a complete application has beenreceived, the DRB shal1 review the submitted conceptualreview application and supporting material in order todetermine whether or not the project generally complieswith the design guidelines. The DRB does not vote onconceptual reviews. The propert.y owner or hisrepresentative shall be present at the DRB hearing. B. LIST OF MATERIALS NAME oF pROJEqT: S(T€p.tSE_ ElrxlTlN(r LEGAL DESCRIPTION: LOT_ BLOCK SUBDIVISION STREET ADDRESS: -lt5 The following informatj.on is Review Board before a final_ A. BUILDING MATERIALS: Roof Siding Other Wall Material_s Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails Flues Flashings Chimneys Trash Enclosures Greenhouses Other EI LANDSCAPING:Name of Designer: Phone: required approval TYPE OF for submittal can be given: MATERIAL to the Design COLOR Dsne _I;ts Be DE$bb Fr.E PLANT MATERIATS: PROPOSED TREES Botanical- Name Common Name Ouantitv Size* EXISTING TREES TO BE REMOVED * Indicate caliper for deciduous trees. Minimum caliper fortFees is 2 inches. rndicate hmtrees. 2H21P Cone Shetl 2D40C Drake 1U558 Oryad .1"#vM\t&Wreviscd 914l9L*?f" bpdgo2reez DRB APPLICATION . TOWN OF VAII., DATE APPLICATION RECEIVED : DATE OF DRB MEETING: *t**ttt*** TEIS IPPLIEATION TIILL NOT BE ACCEPTED UNT r L er.L REQU r *.O. _t*llO_T:[J r ON r S SUBr,n r TE D I.PROJECT INFORMATION: A. DESCRIPTION: B.TYPE OF REVIEW: New Construction Addition ($50.00) ADDRESS: LEGAT DESCRIPTION: Subdivision D. ($200.00)Minor Alteration ($20.00) X Conceptual Review ($0) Lot BIock If property is described bydescription, please provideattach to this application. ZONING: a meeLs and bounds legalon a separate sheet and l1 . NAME OF APPLICANT: must provide a currentLOT AREA: If required, applicantstamped survey showing Lot area. Mailing Address: I.NAME OF OWNERS: *SIGNATURE(S): Mailing Address: Condorninium Approval if applicable. DRB FEE: DRB fees, as shown above, are to be paid atthe time of submittal of DRB application. Llter, whenapplying for a building permit, please ident.ify tireaccurate valuation of the proposal . The Town of VaiIwiII adjust the fee according to the table below, toensure the correct fee.is paid. AEE PIID: SFEE SCHEDULE: VALUATION$ 0 - s 10,000 9101001 -$ 501000$50,001 -$ 150,000 $150,001 - s 500,000 9500r 001 - $1r 000,000$ over s1r 000,000 r DESIGN RE1'IEIf BOARD IPPRO\TAI. EXPIRES ONE YE,AR AI'TER TTNAI,APPRO\IA! IrNIrEss A BUTLDING PER!|IT IS IssuED AllD CONSTRUCTION IS STARTED. i*NO IPPLICNIION TIILL BE PROCESSED I|IIBOOI OI{NER' S SIGNATI'RE J. K. $ i I lltl 20 .00 50 .00 L]ST OF MATERIALS NAME OF PROJECT: LEGAT DESCRIPTION: STREET ADDRESS: LOT_ BLOCK SUBDIVIS ION DESCRIPTION OF PRO.JECT: The following information is required Review Board before a final approval for submittal can be given: MATERIAL to the Design COLORA. BUILDING MATERIALS: Roof Siding Other Wall Materials Fascia Soffits Windows Window Trim Doors Door Trim Hand or Deck Rails 8'lues Flashings Chimneys Trash Enclosures Greenhouses Ot.her TYPE OF $i e){s|rrNg ff bA.nnFLE\ rNC\oSFb . B.LANDSCAPING: Name of Designer: Phone: PLANT MATERIALS: BoIanical Name PROPOSED TREES Common Name Ouantitv Size* EXISTING TREES TO BE REMOVED *Indicate caliper for deciduous trees. Mininum caliper fordeciduous trees is 2 inches. rndicate h@ Suoteb trees. Minimum heiqht for coniferous trees is 6 feet. i "'? TO: FROH: THE DESICN REVIEN BOARD. RANDY I||EPK I NG CHIEF ENGINEER I,IARRIOTT'S MARK RESORT ]F AT ALL PBSSIBLE, WE WOULD REG}UEST APPROVAL BEFORE THE AUGUST sth HEETING. THIS PRBJECT AND THE ROOFING PROJECT NE HAVE BEFBRE YOU FIUST BE COORDINATED AND REGUIRE THE BETTER PORTION OF THE SUI'|FIER TO BE COHPLETED, BECAUSE oF THIS t'lE NEED TO GET STARTED BY THE NIDDLE OF JULY. NE NBULD APPREC1ATE ANY HELP YOU CAN GIVE US IN EXPEDITING THIS HATTER. TOWN OF VAIL DEPA RTMENT OF COMML]NITY DEVELOP}IENT SALES ACTION FORM D^rEL+:L2- ZCNT{C A}ID ADDRE5S TIA?S0l 0000 41540 UNIFOR\,I BUILDNG CODE0t 0000 42415 0l 000042415 UMFOP.V PLUMBD{C CODE 0I 000042415 UMFORM }{ECHANICAL CODE UMFORI{ FIRE CODE0l 00m42415 0l 0000 42415 NATIONAL ELECTRICAL CODE 0l 0000 42415 OTIIER CODE BOOKS 0l 0000 41543 0l 0000 424 t 2 XER,OX COPIES / STUDIES 0l 00co 42371 i PENAI-TY FEES / RE-NSPECTIoNS 0l 00001r332 i pr,AxRevrgwRE-CHEcKFEE ts4opERHR. 0l 0000 42321 OFF HOURS INSPECTION FEES 0r 000011412 CONTRACTORS UCE\SES FEES 0l 0000 41330 SIGN APPLICATION FEE0l 0000 41413 0r 00004l4t3 ADDTNONAL SIG}{AGE FEE 15I.OO PER SO.TT. VTC ART PROJECT DONATION PRE PAID DESIcN REVIE1V BOARD FEE 0l 000041330 CON'DITIONAL USE PEL\TIT 0l 00004t330 E\CTERIOR ALTERATION II{ORETHAN IOO SO.FT.0l 0000:11330 SPECIAL DEVELOPMENT DISTRICT tl'tqJOR OI OOOO 4I:]'-TO I SPECI,AL DEVELOPNfENT DISTRICT 41330 | SLtsDtvtSloN.II33O ;VARIANCE 41330 IZONNG CODE A.V 0l 0000 41330 t i i t,!f ;t ii, .;.i ri I Report IMPACT STATEMENT THE MARK RESORT AND TENNIS CLUB VAIL, COLORADO THE nllN RYAN m/l[P/|NY . ftffi| Enanon Shut. M)er. Cilorfu&218.(fi3183LW4 , FINAL IMPACT STATEMENT THE MARK RESORT AND TENNIS CLUB VAIL, COLORADO - Prepared For - The M-K CorporationVail, Colorado - For Submission To -- The Planning Cormission Toum of Vail - Prepared By - 'The John Ryan Company 160l Enerson Street Denver, Colorado 80218 ilanuary 1977 I I TABLE OF CONTENTS List of Exhibits List of Tables Introduction Surmary PART I .. THE PLAN Section l.'l'i.' The Plan for Expansion Design Objectives PART II -. THE IMPACTS Section 2.Economic Impact Sales Employment . Revenues Costs to the Town Social Impact The Setting I IIThe Project. Operating Objectives Page Number.-.i-i-.-lll iv v vi t1 l3 15 15 23 26 29, 30 30 3t oi Vail. Section 3. Popu'lation Hous'ing . . Section 4. Visual Effect. Relationship to Planning Programs. . . Physical Impact Soils. Air Quality Energy t,JaterSewer. 42 Fire Protection 44SurfaceRunoff..i. 44 Solid Waste 45 Transportation . . 46 PART III -- MITIGATING THE IMPACTS Section 5.l'litigation Measures 31 36 39 39 39 40 42 53 54 55 56 57 58 59 Building Bu Pedestrian Guest Parki Emp'loyee Pa Guest Parki Bus System 'tk. Ci rcul ation ng During Non-Skiing Season rking . ng and Special Events . . . t- - l1 - (.LIST OF EXHIBITS Exhi bi t Number I 2,. 3 Description Page Number Vicinity Map of Study Area. Schernatic Plan of Present Land Use, The Mark ,'r..'r Resort and the tfest Parking Lot, Vail, Colorado . Schematic Plan of,:the Proposed Land Use, The "rl,lark Resort and the t.|est Parking Lot, Vail, --. ,-., . - Present Mark Hotel & Tennis:Club, View,Looking. North East Frun South Frontage Road . 6 32rr''r, r'"' t.l '',.i',1 itr'i : i.lrjlr, Proposed llark Hotel & Tennis Club, View Loorrng North Eastr'From South Frontage Road . Present t'lark Hotel & Tennis Club, View Looking South East From Interstate 70 Proposed Mark Hotel & Tennis South East From Interstate 70 Club,. View Looking 34 35 ( \- lll LIST OF TABLES Tabl e Number .t:':t. Year Page Number 25 27 37 41 43 47 52 2. Present and Proposed Land Uses, Vail/LionsHeadThird Filing, Selected Lots . . . . Guest Units Available, Selected Lodges, Hotels andCondominiums... Median Average Length of Stay for Registered Guest, The Mark Resort, Fiscal year i926. 0ccupancy By Month, the Mark Resort, Fiscal 1976. Number of Conference Groups Guests By Group Size, 1975. Number of Conference Groups Guests by Group Size, 1976. Number of Conference Groups Scheduled Hotel Guests By Group Size, 1977 Estimated 0verflow Gu'esls Fiom-Group Bookings, The Mark.Resort, 1975-1977 --. . . 12 I6 l8 19 20 22 24 4 for Registered Hotel for Registered Hotel for Registered '10 Projected Employment at the Mark Resort at Fu1l Capaci ty. Ntimber of Employees By Month, the Mark Past and Projected Mark Resort LionsHead Bed Base Energy Consumption, Water Use, The Mark Number of Passenger _on Payrol 1 and Gross Earn.ings Resort, Fiscal Year .|976 Revenues, By 0perations, The , in Short-Tenn Rental Market '1976 The Mark Resort, Fiscal Year 1976 Resort, Fiscal Year 1976. . . Cars Registered by Hotel Guests, 1l 12 l3 14 I5 l6 The Mark Resort Total Passenger Counts, Boarding Station, Vail Shuttle Bus System. and Exiting By t- -lv- INTRODUCTION 0ften environmenta:l impact statements attempt to convey an understanding of what something will be like after it has been built and is operational; thjs requires an extensive set of assumptions regarding changes in the land use, the construction of a totally new facility, and a style of operation which is as yet unknown. In the present'case these major concerns are a1 ready known. r Essentia'l ly, this report attempts to address the significance of an expanded operation. There are three parts to this report. part I describes the proposed plan in terrns of its'land use, design characteristics, and operating objectives. Part II of the report highlights major impacts in terms of econonic, social , and physical categories. part III surnnarizes suggestions for the mitigation of major impacts identified and discussed after presentation of the draft report. -v3 SUMMARY The Plan The Mark Resort and Tennis Club proposes to develop a major expansion on adjacent iand to the west. The principal parts of the p]an include an addition of 250 hotel rooms, a '10,000 square foot conference center, and a slight relocation of the West Parking Lot. '..'. Econonic Impacts The-creation of 180 additional part-time and full-time jobs r within the facility. Increased visitor spending in Vail of approximately $7.5 mil'l ion per year. Increased sales tax revenues $300,000 per year. to the Town of approximately An increase in the general operating costs of government due to the growth. The major out-of-pocket cost to the Town will be the probable requirement to purchase another shuttle bus at a cost of approximately $45,000. Socjal Impacts An increase in the perrnanent population in Eagle County of approximately 210. The visual impact of a large bu'ilding. An Increase in lift-line waiting times. Physical Impacts A slight degradat'ion of air quality. A possibility of some overloading of sewage treatment capability in the Spring of'1978--after Phase I construction on the Mark is completed but before the pldnned expansion of the Vail Water and Sanitation District Treatment Plant is completed, -vi- (SECTION I. THE PLAN FOR EXPANSION The M-K Corporation* proposes to develop a major Mark Resort and Tennis Club on adjacent land to the parts of the plan include... an addition of 250 hotel rooms .rr_ .: _ ..,.::'j,. , .. a 10;000, square foot conferenceiiacility .; ji:.ii,. -. 1 .1_;,,:.:. ,, .. . : a slight relocation of Vail Associates' lJest' Skiers' Parking.Lot. to the rnjor :' expansion west. The Day The Setting The site is located between Gore Creek and West LionsHead Circle irmediately west of the Mark's present facility. See Exhibit No. l. The topograPhi of the site s'lopes gently downward from the north to south. The s'lopes typically range from two percent to six percent with steeper slopes forming the north bank of Gore Creek. The undeveloped portion of the site is covered with natural grasses; there is no significant growth of trees. llark Resort and Tennis Club.*Doing business'as The I I (The realization of the proposed plan will require the re-subdivision of lot numbers 4, 5, 6 and 7 in the Vai'l/LionsHead Thlrd FiIing. Exhibit No. 2 shows the existing land uses: . Lot Number 4 has six tennis'courts and is leased byr the llark from Vail Associates for recreational purposes. . f4. \.,'"r ,\ 'r ultrol! tu dl "J-ut r52-CY((rL< ?utrJ- g l'- l1lr It II II {I II II I 'l to (0 FoJ (' =YE o. F C') uJ = (0 l, li 'l I il li li Fz () tc i r, = J. 5.lI IF CEoz t'l g 15 cl 8 *l e>lz Etfr 1: 46 x E" -T-:-ffi T-T-1:ffi'?a:-ffiI=J..-L ffi':-r-*- lU CDf o,z5jJ t- G2av Htr F LL @.oOaza Fo,oqJt l.l. r-o'a LUe=dH OFEo =eIrJIF.oECDOa o.rHgY '- cE t- lE =utXIttl F F,^Eaoq)za{ .@EqfR o\o troJoo j a A t ciz FoJ 4 /- \ L : Exhibit No. 3 shows the proposed re-subdivision. The Phase I expansion wil'l include an additional l3l hotel rooms and the conference facility.* 0ccupancy is expected to occur in late .|977 through early 1978. Two of the tennis courts will be removed by the new faci'lity, but will be replaced by three outside courts and two assessrent of architect Torn Briner indicates a good possibility of adding approximately 20 additional spaces by design of a rnore efficient 'layout. As shown in Table No. 1 , Day Skier parking space remains the same--approximately 115,000 square feet. Additional'ly' the Mark plans to purchase Lot No. 4 from Vail Associates for the expanded facility--for a total of approximately 200 sPaces. The plans represent and the phasing are plans as of not yet finalized.r December 1, 1976. Data in this report L- ,i tf ^uJXu)listaL*(L Y(rF<z>$o HH*Fo'- N€d 4s td-ffigffiHffiE! tr ]UFlr oJ gg tr .rI :l oIT UJllo tl =.'r Eg :eq tU @f oz J o =)<(r (!z i- IJJ lllF=@U)QZIIJXII3ujoo ;ffi II I F J IL z -o; l at) UJ(! lt !t oo troJoo j o LtJ@F9oIIJoE. ('o-Z r.u =t'o- tLIo-a -UJa=J(LtuI()F -z fr Offa6a CD UJ E. Ovzft t- h =urXII.U F ut\?<? !2 \ L-). .:t,\ \ l\v.-\ I .: \--/-\ r i \ \l =\ \l ; \a\ i;I@!t = lgll^e/ / |+-{)S LIFi i*/ia?,+$ 6 Re-subdi vi si on of 4, 5, 6, and 7 Table No. I Present and Proposed Land Uses Vail/LionsHead Third Filing Selected Lots Pri nci pal Use Six.Tennis Courts Vacant ..i i_. 1 '.. .1i- . . '- :-. :.a:,j_:r .. .. .'i. West Parking.Lot. The L,lark Hote] -. lt . Pri nci pa1 Use The Mark Resort-- Present, Phase I and II West Parking Lot Approximate Iot Size ' i (in Square' Fee!) Approximate Size(in Square Feet) Total ?25,454 I I 4,899 340,353 Re-subdi vi si onof5and6 '..-.-'.'-'-._"::",-...''. Proposed Land Lot Source: Site Vail, Plan, Pierce, Briner Colorado, November and Fitzhugh Scott, Inc., 9, 1976. 7 ' ( (The Project Currently the Mark Resort has.Trt hotel rooms (accommodation units) and l4 condominium apartments (dwe11in9 units). The proposed expansion of 250 hotel rooms will provide the Mark Resort with the .potential for housing the largest visitor population in Vail. Table No..,2 Guest Units Available, :- .'' Lodges, Hotels, .and CondominiumsVail, 1976,,: ., ,,:j'!iii::d,{ .::,. I Faci 1i ty Antlers Mountain Haus Lions Square Lodge Ki andra/Ta'l i sman Manor Vail Vail Village Inn -' Holiday Inn Hilton Hotel The Lodge at Vail The Mark Resort: at present at end of Phase at end of Phase Accormodation DwellingUnits Units 67 59 9l 14 123 0 ,0 19 129 14 ,14 t4 0 0 3'l 't38 0 97 120 128 63 III Source: Town of Vail tllemorandum, "0pcupancy,.of Vail's Lodging Industry (Revised), from Jaines F. Lamont to Tene'lT,J. Minger, November 17, 1976, pp. A-7, A-8. I The use and occupancy of guest facilities varies by season and management policies. However, a set of averages commonly used to forecast visitor occupancy in Vail during ski season assumes an average of two people per Acconunodation Unit, four people per Dwelling Unit and six people per House (single-family home). Using these average occupancy guidelines, the t'lark Resort has a potential occupancy .:.. ,. ' ." 4' "".pepulationof:791--(324 x 2= 648) + (l4x 4= 56). The Lodge at ' :ti'ili' i 1 I ,Vail 's popu'lation would be 642 using th.isilsame-.estimat'ing approach.. ,l|, Obviously, on:a given day, either one cou'ld surpass the other. I ': ' The second principal feature of the,project includes' ' expanding present convention banquet facilities to accommodate a total ranging between 2,000 to 2,500. lquare Feet 5,000- r.,. I '20010,000 :.|3,000 29,?00:::- Present Meeting Room (main) Present Meeting Room (Stan Smith Room) '''Proposed Meeting Room Proposed Indoor Tennis Courts--convertible to meeting space for special occasionsif needed. The Mark Resort's'present-convention facility is the 'largest in Vail. The proposed expansion provides a facility which will allow for more flexibility in day-to-day operations--being able to eat in a different room from the meeiing room for example. It also provides the capability for the occasional hosting of a very large meeting. There are limiting factors to the frequency of large meetings other than banquet space-- competition of other sites, accessibility from the airport, parking, and arrangement for accorrnodations at surrounding lodges and hotels for l. J ! (overflow guests. 0perating objectives Major design characteristics fol lowing: are discussed further below. of the proiect include the 250 hotel rooms plus a new lobby, registration area' and delivery-service area. . 2l suite arrangementi will be possible within the 250 hooms--with lock-off capability, interior hallways' a fire place, and a smal] kitchenette area. t A divisible conference room approximately .|0,000 square feet in size. . A discotheque (approximate'ly 200 seats). . A sundries shop for servicing needs of hote'l guests (approximately 600 square feet). . A slight change in the orientation of the Vail Associates, Day Skiers' West Parking Lot--running north to south,rather than east to west--essentially in the same location. The center of the new parking lot would be approximately 240 feet farther westward. . A compl ete athl et j c c'lub . . . . two indoor tennis courts. four handbal I courts. an indoor swinrning pool. a steam bath and sauna. an exercise room. . A parking 1ot for approximately 50 automobiles located beneath three new tennis courts at the west end of theproperty, detached from the main building. (Two of thesix outside tennis courts will be removed by the proposed bui 'l di ng. ) . Additional parking wil'l be required--final plans have not yet evolved. 10 9pe3glg_qbjgs!ve!_ The operating object'ives of the Mark envision a continued expansion of its group marketing efforts. The availability of add'i- tional recreation amenjties and an expanded conference facility shou'l d enhance the attractiveness of the Mark as a major conference center in the region. Approximateiy 75 to 80 percent of the Mark's t-: hotel guest$:;are currently members of a grouPf*(-the 'location of the - .;,j, . Mark does,not lend itself to highway drop-in traffic.) It can be ' : .rrii.l I-assumed an aggressive group marketing effort will be continued for the ski season; but, the marketing program will place major emphasis on "off-season" conferences. Approximate'ly 69 percent of the "guest- nights" occur in the five month ski season--December through April- A seven-day stay is corilnon during the ski season; indeed' it is required at certain times. But as shown in Table No. 3' the average length of stay is markedly less during the non-ski season. Vacationing motorists often stay iust one night in Vail. Summer conferences typically average three nights. It is expected that the additjonal conference facilities wil'l equjp the Mark to increase its conference activjties dramatically during the Spring, Surnmer and Autumn rnonths. Interview with Mr. Jeff Steinbach, The Mark Resort, December' 1976. 1l ( Director of Group Marketing, t,Table No. 3 Median Average Length of StaY for Registered Hotel Guests The Mark Resort Fiscal Year .|976 fs' sS S. -- l'lov " Dec 't 975 Jan 1976 Hay dun dul Source:.The }lark Resort. 12 (i Design Objectives The following statement was drafted by architect Tom Briner in response to a specific request. It briefly sununarizes sorne of the considerations involved in the formulation of the design p'lan for the project by Pierce, Briner and F'itzhugh Scott. of Vail: "The present concept for an addition to the .J'lark has as its objective preserving the intelrity of the hotel operation. Our own partiality regarding such th'ings as 'building bulk' has'frankly had to take a back seat to the requirements of an industry that do not always or easily lend themselves'to the design format of a condominium development. This addition will quadr.uple the number of hotel rooms presentlyI in the Mark. A meeting room that will be double the size of the existing meeting room will share the focus of a new ma'in lobby with two enc'losed tennis courts that are projected to be built in Phase II of the development. "Although,,rhotel'suggests a building of residential character perhaps a more analogous building type is a hospitaMn the hospita'l great consideration is given to movement of materials, effic'iency of operation, insulation of activities and definition of the routes of doctors, patients and vjsi-tors. A hotel must be run iust as efficiently as a hospital . Linen must find its way to the laundry, food must get to the guests in their rooms as well as in the dining room. Conven- tions cannot disrupt the relaxation sought by the guest. Constant surveillance over all activities js necessary 'in order to guarantee the security of all the patrons. "The area, volume and circulation requirements contributed to the concept of a buildjng comprised of three 'legs-' The hotel rooms are above the common areas--meeting rooms, dining areas, and health club. These legs ioin each other at right angles in order to g'ive as wide a selection of view to the mountains as possible. Elevators and stairs are located at these junc- ti ons. "If most peop'le were to recol'lect their last hotel stay, they would probab]y recall a rather massive building, ta'l ler than long, with as much eye appeal as a cormercial office build- ing and appointed to the tastes of 'Everyman.' The excep- tion to this generally would be the ballroom (which often conjures up an image bt ttre Hall of Mirrors at Versailles) and { [ :i l3 (the discotheque (which often appears to have been a cross between a speakeasy and a rocket ship.) It is hoped this pro- ject will be a departure from that format. "The objective is to imbue the complex with an aura of re- creation and conviv'ia'lity. Therefore circulation to the rooms, as well as to the cormon areas wraps around--with views into the recreational activities to be provided--the indoor tennis courts, the indoor swimning pool , the health club, lounges, bar, and informal meeting areas at lobby' level . These interior vjews are expected to be complimented by views from the lobby and meeting room of the mountains to the west, and tennis courts and the mountain to the south. "For the Vail visitor ariving from the west, he will view a- building complex that at its highest point (relative to the frontage road or I-70) will be the same as the existing MarkI. This height will occur adjacent to the Mark I. From this point the building will take on a more ambiguous shape or profi'le--intentionally. The roof of the'legs' w'i ll step down towards the west and south. The stepping effect will be emphasized by 'bumps' housing elevator penthouses and stairs to the roof. As a foreground to these higher 'legs,' the enclosed tennis courts on the west side and the meeting room on the opposite side wi] 1 attract the eye of a viewer; and, depending upon his perspective, block-or obscure the taller portion of the bui'lding behjnd. There is no intent to have the building ''look like a mountain range,' but there has been a conscious effort to have the building's mass and voids read as a respectfu'l neighbor to the mountain behind and the buildings to the north and east. If this should happen, we be- lieve that this addition will prove to be a needed visual anchor to the LionsHead develoiment as we'll as an economTc sti mul ant. " (. 't4 ( Sal es The operition of an expanded facility at the Mark will ' increase visitor spending within Vail. [n order to develop an ' r:l\i 1"". bstimate of the magnituje of anticipated increase in visitor spend- ing, it is necessary to understand the nature of the present operation of the Mark--its sources of revenues, sty'le of operation, and management objectives for the expanded faci'l ity. There are two princ'i pal sources-of revenue in the present This section of the of impact--sales, emPloyment, operati on: Hotel room and gross revenues. Restaurant and gross revenues. SECTION 2. ECONOMiC IMPACT l.eport covers three major categories and governmental costs and revenues. apartment rentals--about 42 percent of bar operations--about 58 percent of A market study on the economic feasibility of the proposed plan is beyond the scope of the present inquiry. However, it should be evident that hotel occupancy is the driving force behind a successful operation. It provides direct revenue from room rentals as well as indirect revenue from food and beverage sales- Table No. 4 shows nonthly occupancy figures Resort for its fiscal year which ended in 0ctober' '1976. occupancy for the hotel was 58 percent. A recent survey for The Mark The annual of Vail 's l5 1(/ Table No. 4 Occupancy By Month The Mark Resort Fiscal Year 1976 Hotel Unit NiqhtsuccuPlg_ Month Avai I abl e Available Number 2,22A 335 , 2,294 I,857.' 2,294 I,867 2,146 2,1162,294 2,0402,220 I,113 2,294 227 ?,22O I,3032,294 I,885 2,294 I,5952,220 I,0802,294 593 27 ,08+ 't 5,730 Percent Nov '75 Dec Jan 717 688 785 14ay Jun Jul 726 694 713 Aug sep 0ct "r 900. 751 771 -669 v53 657 l5 8l 8l 17 57 72 ' .:1,1 '.:. ' ';r':" Feb+, ltaE Apr 643 . 700 359 95 93 55 99 89 50 103 319 577 440 219 222 t0 59. 82 70 49 26 't4 46 74 5t 32 3'l Total 9,824 4,710 53 There are a maximum of 30 condominium units 14 apartment:;unlts and 16 lock-offs-" ,There of 74 hotel units available. I :'..r, Lf"ir'l' :*i. =l .* Note:avai l abl e-- are a maximum Condomiirium Unit Niqhts 0ccuoied Source: The ilark Resort, l ( \,.lodging industry indicated that for calendar year .|974 the average occupancy for short-term housing and lodging in the village and LionsHead was 40.5 percent. For 1975, the average occupancy vras 47.3 percent; and, for the flrst nine months of 1976 the average occupancy was 59.1 Percent.* ; 85 in 1975. . 108 in 1976. . 188 for 1977. *James S. Lamont, !U9- 'p. A-3 {tl | --17 Table l'lo. 5 Number of Conference GrouPs for RegistEred Hotel Guests By Group Size 1975 of 4 3 I 5 I ,- l 5 6 7 + 2 I i 'r' Table No. 6 Nunber of Conference GrouPs for Registered Hotel Guests By Group Size 1976 \ 4 I I 2 2 'l tt.Z 11tl '-,t'., 0ct .f{ov Dec Total -..- 3 ---- 24 2 i1t:- 2 4 3 I z',t 5 4 I 64 19 'r ('Table No. 7 Number of Conference Groups Scheduled for Registered Hotel Guests By Group Size 1977 Anticipated Number of Groups Than 25 To 199 To 299 Total To 99 Jul Aug sep 4 .l I 1 6 I ; I 2 3 3 2 I 3 i I I0ct Nov Dec I o 3 ? tt '+l: 't9l3 Source: The Mark Resort. 20, 1 As might be expected, several LionsHead merchants who were interviewed seemed supportive of the Mark's expansion plans. There is a general interest in supporting projects which increase traffic-- particular'ly in the non-ski season- Additionally, however' the nanagers or oyrners interviewed at four neighboring hotels and lodges were also supportive of the proposed plan.* There were some concerns , too, as discussed in section 3; but, one of the reasons for suppot"t . ,,'- i;included overflot{ business. . : .r1,':i:r.t". The lrlark has'a,limited nunber of,.rooms re'lative to the ..'J: t. ' 'size of conventions it can host. t.lhen these situations occur, members of conventions need to find loaging elsewhere. As shown in Table No. 8, the number of overflow guests was estimated at 800 in 1975 and 2,700 in j976. Current bookings for 1977 would indicate an anticipated overflow of 5,900 people. Antlers, Enzian, Sunbird,Vai I gl o.and 21 : 1975 Table No. 8 Estimated Overflow Guests From Group Bookings The Mark Resort 1975-1977 1975 t,ioo 20O,,r 750 ..I50 Curent Estimate 1977 , 'il50 800' 400 I "450 I ,750 450 800 Ito 5,900 200 0ct Nov Dec 100 _999.2,700Total 22 t : ti Employment Recent employment at the Mark has ranged between 70 to 90 people--from the low season to the high season- The projected staffinE requirements for Phase II are estimated to range between 220 and 270. Again, a three-fo'ld jncrease is evident. (See Table No. 9.) A hotel in a resort area requires a lot of part-t'ime i ..rl*'.:'tr''::: ..il*i.l'1r'':: As siiown in Table t{o. 10, approximately two-thirds of the ,,1 ; .' ..,; , - employed ,less than 40 hours per week. .'' Current grois employee earnings are approximately $420'000 per year. 23 I Table No. 9 Projected Employment at the Mark Resort at Full Capacity Average Current Season Projected Phase II 25 75 32 6 2 27? I 20 6 I 1 55 I I 65 I I :16 I 2 3 1 2 I 2 2 71 2 2 92 I I l0 Laundry Houseman Bel lman Conference Set Up Tenni s Front Desk and Recreation Hotel l'lanager General Adrni ni strati on Maintenance .. Sates Accounting ' Total 2 2 -2 3 3 4 5 0 8 3 2 6 I 2 I 4II I 3 l6 6 10 l0 l0 3 20 I 2 3 E 2 .': ". ,l rl ,i! .i:,] , aJ ,,1 221 Staffin High Season Staffi nq. Hig ow Season Source: The Mark Resort. 24 Tab'l e No. l0 Number of Emp'loyees on Payro'l I and Gross Earnings By Month The Mark Resort Fiscal Year .|976 Number of Employees 30-39 Hours Per lleek 20-29 Less thanHours 20 Hours Per l{eek Per l'leek_.__,i:.1_ 2O':,,, ' : :24 24 .,' ,",26 Total Number 96 1't5't06 .ii;.,Iii Zl 35 r'i'i'r'' 3042 '- ,i ,r.,:,;- . 25 .r':i.rt1'71::. - . ",.',i',;A$$.t.;l.,f,r;r,',l,39 ,, ." 2544 24309 I5 l4 25 25 113 108 78 'zz l9 l8 6 26 22 17 33 34 l8 l5 20 l0 22 22 25 14 7 55 100 96 21,756 40,577 39,276 Aug, Sep:r.t Oct ' 30 2l19 '17 26 12 94 43,17065 32,43965 28.249 Note: ,Fiscal Year 1976 began November Note: Number of Ernployees on payroll 'includes, turnover. Gross earnings include recorded liash tips are excluded. r, .1975. Total $4?q,!€9- is more than averagd'anployrnent 'since it tips--charged to a room or'credit bard; The Mark Resort. 25 expected proposed ; ' t'-: ' :.',,, l.l based on Reverrues Three principal sources of additional revenues can be to augment the local economy by the fu'l 'l operation of the faci I ity: . Visitor spending within the new facitity iy notel guests. Visitor spending outside the new facility by hotel guests. . Visitor spending by Vail visitors who are not registered guests of the Mark--so called "overflow guests" who are nembers of a,large association whose meeting headquarters are at the Mark's convention facility, but whose members cannot all berraccormodated at the Mark. ''Sp€ndingrtljth!! the FqCtlity. The following analysis is $7,200 in the estimates and projections of the developer. Each of the 74 hotel rooms at the Mark generated approximately the last fiscal year: $fA.OO Nightly Revenue (annual average)x 212 Average Nights of 0ccupancy (58 percent) $7,208 Average Annual Room Revenue Management plans and projections call for a gradual increase in room rates and occupancy--resulting in an average revenue generation per room of approximately $9,200. $37.50 Nightly Revenue (annua'l average)x 245 Average Nights of 0cculanc.y.lq_perce[)_ $9;TBB' ffievenue After several years of operation, these 250 additional rooms wou'ld result in additional spending on accomnodations of approximately $2,297,000 ($g,tee x 250 rooms). Food and Beverage revenues are also expected to increase after operation of the new facilities begins. Last fiscal year, restaurant and bar operations represented 58 percent of total revenues -26 at the Mark. l'lith the additional hotel guests, additionar convention meals and drinks, a new discotheque, and a generar increase in traffic, the Mark management estimates that tota'l Restaurant and Bar operations will approach $g-2 million--4g percent of an estimated tota'l of nearl-v $7 million. This represents an annua] net increment of $2.3 milllion in spending attributable to the proposed plan. (See Table No. ll.) The present number of ipartment condominiums is expected to remain constant, but the estimated increase in their revenues shown in Table No. ll rreflectsthe sarne incremental increase anticipated for the hotel rooms in terms of room rates and occupancy. The health crub with its swimming pool , indoor tennis courts, racket ball courts and its associated facilities and the sundries store are expected to generate approximately $500,000 per year as shown in Table No. ll. Table No. lI Past and Projected Revenues By 0perations The Mark Resort (add 000) Operation Hotel Rooms Apartments Restaurant and Bar Health CIub & Misc. Total Last Year' s 0peration $ ste i 158 94t 0 Proposed Increment $2,297 43 2,305. 500:- Projected Revenues Present and Proposed Facil ities $2,8.t5 201 J ,1+O 500 Source: The Mark Resort. -27- Spending 0utside the Facility. Hotel guests of the t'lark will make expenditures throughout Vail. It is assumed that a guest at the Mark will spend an average of $55 per night of stay--$20 of which wi'll be spent outside the Mark. It was estimated above that the Mark plans to achieve an average occupancy of 245 nights per room per year (67 percent) for its 250 additional rooms; this represents a j:total of 61,250 nights (245 nights x 250 rooms). The estimated total spending in VaiI from this source, therefore, is estimated to be ,i,$2,450;000 ($20,'per night per guest x an average of two guests per room I x 6.|,250 nights of occupancy). In addition to the economic impact from spending by registered guests of the proposed expansion, there is a'l so the impact on LionsHead and the rest of VaiI from overflow guests. These are the members or de'legates attending meelings at the Mark who cannot be accorrnodated because of space limitations. blhen the group market'ing program hjts full stride' the Mark management expects eight to ten groups per year of l'500 people.* Groups in excess of 750 peop]e need to be housed in other locations. An average surrmrtime conventjon lasts for three nights. This would represent a demand for 2,25O guest nights per conference (750 x 3 nights). Under the above assumptionS, ten overflow groups, or equivalent, wou'l d result in an additional mi]lion dollars of vjsitor spending per year r (10 meetings x 2,250 guest nights x $45 spending per visitor night = $1,022,500). * Interview with Mr. Kaiser Morcus, -28:- the Mark Resort, December, .|976. summary. The three categories of incremental expenditures have been examined, but it is necessary to make certain adjustments to avoid double counting rerative to the impact on the rocar economy. It is estimated that about ha'lf of the projected $2,305,000 spending in Restaurant and Bar 0perations (Table No. ll) will be made by local residents and vail visitors staying in other 'todges and hotels. Half :of that category of expenditures'(gi,tsz,000). it is estimated, does,-. not represent new spending from the Town,s standpoint--it would have ' been spent an1lvJay. i;,tt t .:i.r , : Thus the incrementar spending associated with the proposed project is expected to be approximately $z.s miilion per year after the group booking and convention marketing reach their fuil effective- ness. $5,145,000 I,'1523500,. $3 ,992 , 500 2,450,000 I,022,500. Total Increased Spending in the Vail economy From a sales tax standpoint, the estimated $7.5 miilion additional spending will result in increased tax revenues of approx.imately $300,000 per year from the four percent sales tax. Bui'lding permits and associated plumbing, electric and mechanical fees would appear to be in the range of $17,000 to g20,000 according to estimates made by Building Inspector Bill pierce based on project data available in late November. Gross Incremental Spending within the Mark Net Incrementai Spending within the Mark lRendinS Outside the Maik by Mark Guests $7 ,465 , oo0 -29- Costs to the Town of Vail Indirectly, more visitors and more employees in the Town of . Vail will contribute to the rising demand for governmental services. Operating costs of general government will increase; and, unused capacity in certain urban. systems, like the waterr system' will be diminished. In terms of direct costs' the maior item identified was the ,,i .. :r probable req8i.renrent to purchase another bus for the Town's shuttle , ,.,.,r.,;:r, ' ,,r., *l.if.i l ,t, ' ,, t ,' , ,slst$n (approxiniately $45,000).* In discussion with Tonn Engineer ' ., .jt,',1.1, :.. . :. . ., ...'Kent Rose, no special out-of-pocket utility costs were identified-- ' l. lhat is none which would not be covered by utility connection fees. *Based on an analysis of the proiect is in Town of Vail. - 29.1 - SECTION 3. SOCiAL IMPACT This part of the report addresses some of the p1 anning considerations associated with the proiect and the anticipated increased population--both visitor and permanent. Population t:"''.'' Three different types of population are associated with '.': the proposed proiect: . A peak meeting population--Z,000 to 2'500 people attending a meeting at the Mark's conference facil ity. . A peak hotel guest population--700.'io 750 people-as residents of the hote'|. . The population directly supp-orted by the creation of this new economic activ'i ty will probably be about ll0 new people in Eagle County.* There will a'l so be another 100 people indirectly associated with this expansion supported by loca'l serv'i ce jobs throughout Eagle County--school teachers' etc. To summarize, the three p1 anning popu'lation estimates are: . 2,000:to 2,500 for peak attendance at a conference. 700 to 750 hotel guests. . ?10 additional residents in Eagle County. As estjmated in Tab'le No. 9, emp'loyment at the Mark will range between 221 to 272; that is an increase over present employnent of ]49-18'l--say, an annual average of 165. Probab'ly only about one-third of these]65 jobs will be fu'll-time; the others will be part-time jobs. Given the nature of the Vail economy and a hote'l operation, probably half of these part-time iobs will be "second-jobs" to Vail residents and the other ha'l f will be part-time jobs for working wives of Eag'le County residents.I 30 I Housi ng Increased employment caused by increased visitor spending wil I, of, course, increase the demand for resident housing. Under the assumption outlined in the prev'ious footnote, there will be who share housing, the net increase for housing is estimated to be about 40 dwelling un,its from direct employment associated with the proposed p1an. The owner of the Mark Resort is also the owner of The Fa'l 1 Line Apartments in Vail. Fifty-four unjts at Fall Line are available to employees of the Mark Resort at modest rates.., (30 one-bedroom units and 24 two-bedroom units). In practice, Fa'| 1 Line seems to be used as a place to live when first arriving in Vail. Currently, only about ten percent of the units are occupied by Mark employees. So, there is room to accomnodate more. It can be reasoned that this plan does not contribute to an increase in the overall housing supply. 0n the other hand, if other major employers provided simi'lar facili- ties for their employees, the local housing situation would be less critical. Visual Effect Exhibits Nos. 4 through 7 effect of the project from the west. provide a fee'ling for the visual The proposed building wiil be 31 I I I I I / I /1lf tll I !il1lr/ tl ,,l\i /'f , I I ,l I liilli il ! clfJo Lzzp?r-oq 06U Jf H="btrTI l<Rtr6 EFr!ZFlH2ili ur trEoz .o\rz =FOE9 Ta trJ 1 t I I I /tI /,1 li \r( \i , 7t if I I .i I Il, ii / ./'' i,u'l JiJlrd ,IK I I I it r/ dlfJo 9,zzgo t- ood(f r llJdg o6Itr YF(r5 ftFao6(LoulE-(LE oz ro2 Yl-o Ee-B)< ulru5 \ ,t.\ .:: ) I v mf,J() a =z IUF 06 Joul r\ FllJoirt TE}<P{z FtrZFltJ a 3'trE,F(L5 oo (o2 F5E9 TTul 5 -'-'--'--..----5- r'.a}":::3-' mfJO azz UJF 06 J HsOHI<FYP EV ffEaO-ro bn trEoo N2 YFOE9 TfilUt l one of the largest in Vail. The p1 ans have already gone through four design reviews. The height has been reduced approximately 20 feet since the first review. Planner Eldon Beck surnmarized his review of the plan as...wishing the building were sma'l ler, but recogniz'ing that LionsHead needs the associated economic activity and that the general,'location is one of the best sites ava'ilable for such a large facility.* The proposed plan solves the Cr.eekside '','.'. :Corridor problem, but an overall site plan is still needed--as are ':1:.detailed'landscaping plans for the hotel area and the Vail Associates t parking lot.* Relationship To Planning Programs The Vai'l Plan. The proposed project is located in a high- density, multip'le-family district (HDMF). Previously, it had been p'lanned to build approximately 98 condominium units in three buildings. A hotel is allowable in a HDMF districti but a conference facility of the size proposed requires formation of a Special Development District (SDD). Basically, the proposed project is in agreement with &gygt.|ry- Th.e Growth Mqnagement Plan. The Town of Vail has not yet adopted a Growth Management Plan a'lthough it is current'ly being considered. If the Town eventual 1y adopts a "ceil'ing approach" to a maximum Gore Valley popu'lation, obviously the proposed p'lan wili accelerate the tinre required to reach that ceiling. Interview with Town of Hannamoto, Beck & Abey' Vail consu'ltant Eldon Beck, Royston' December 3, 1976. 36 (, Accorrnodati on Uni ts waiting time.in,:'lift lines which will be clused by the proposed plan.*. . ,,:: r,, .,r.',.... .-r I'l;.1:fis,f.;,,: 'le*;"i.ir . ,;irr:.i : sHowever, the 250 additional acconmodation units represent a I9 percent increase in the bed base. It does not follow that waiting times will One of the motivating factors in the present quest for a Growth Managernent Plan is a desire to maintain a quality recreation experience. The LionsHead out-of-va'l 1ey capacity is 2,300 per hour: 1,.|00 Manufacturer,s Rated Capacity (Gondo.l a) . I,200 Chair Lift This report has not attempted to assess the effec! of any increase in'.i.'. d,-'-"'"' : increase l9 percent since the LionsHead lifts also service a large number of day skiers and visitors from vail vi'l lage and outlying areas. But, there will be an increased demand with more people in the area-- and there are no p] ans to expand the LionsHead portion of vail Mountain. (See Table No. 12) Table No. 12 LionsHead Bed Base In Short-Term Rental Market 1976 Factor Dwel l ing Uni ts I ,964 x4 I ,954 Total 2,674 Number of Units Average 0ccupancy (Peop'le) Total Number of People when 0ccupied Source: 0ccupancy.Report, Town of Vail Memorandum, ,,0ccupancy ofVail's_Lodgi.ng Industry (Revised), fior-Jimel-Fl'iaront toTerrell J- Minger, November ll, inA,- j.-A:i: ' ' -" the major concerns of hotel LionsHead who were othertrise 355 x2 7't0 '. t-4 l :i i .\.'This was one of interviewed in proposed pIan. and lodge owners supportive of the 37 f ( _\-. Town Goals.* The application of Town Goals to specific projects is a difficult process. A number of people involved in the goal definition process in 1975 strongly supported the development of a municipally-supported conference center--initially on the Antho]z . Park site and later on site 24. The final configuration for site 24 center rrculd make a contribution to one of the economic goal statements-- trylng to smooth the seasonal economic cycle by attracting sumner business to Vail. ..''."'-' j ::j:..1 ,".,,,.;1j.,_. a1 - :t ,il ".j r'q$i ;r'.ri .,, ' 't;r': . ' * Town Goals were formally adopted 7,1976.1876, September Dale McCall and muni ci pal Past and present Vail Resort ASsoclation directors Ron Reiland support both plans--the Mark,s and thecenter, intenriews in November, 1976. 38 t:SECTION 4. PHYSICAL IMPACT { Soils No unusual conditions were foundation investigation. The report during the soil and recormendations for with the constructionsome precautionary measures normal"ly of large buildings in the Vail area. .''''.'( ii. .',::l ' ...-!',: .',!::; Ther ,Federa'l air quality standard for suspended particulates is 75 micrograms per cubic meter based on an annual geometric mean average (the State standard is 45 micrograms per cubic meter based on an annua'l arithmetic mean.) The 24 hour average Federal standard is 250 micrograms per cubic meter; and the equivalent State standard is l5O. This 24 hour average is not to be exceeded more than once per year. In the past year, based upon an air sampling plan of every four:th day,the 24 hour average for the Federal standards was exceeded four times.** The Gore pIace.:,.iThe valley and LionsHead are * Chen and Associates, Inc. Consulting Engineer, Foundation Investigation for Proposed Phase I Resort Development," November 26, 1976. ** Interview with Mr. Dennis Murphy, Environmental Hea'l th 0fficer, Vail, Colorado, December, 1976 ( Valley has approximate'ly 3,300 wood burnlng fire has been divided into four air sheds--Vail Village in the same air shed and contain approximately I,750 Denver, "SoiI and and Phase II Mark 39 ( i I i I I vJcod burning fire places. The proposed pl an for the Mark envisions the installation of 2l wood burn'ing fire p1 aces. If these fire places are installed, they will aggrevate the air quality problem. Currently, it is planned that the Town of Vail will consider a fire place control ordinance in the Spring of 1977. Energy '''. Table No. 13 indicates ener(U consumption for the present I 'facility at the Mark bver the past twelve rpnths. The I'lark used approximately 23 million cubic feet of natural gas; the water in the swinming pool is heated by natural gas and some space heating is performed for the cornrton areas of the hote'l and restaurant. Space heating in the rooms, however, is accomp,lished by e'lectricity. Almost 700 thousand killowatt hours were used during the past year. A detailed engineering assessment of space heating require- ments has not yet been undertaken, but it would seem that the tota'l numbers presented in Table No. 13 can be expected to increase three to four times to accormodate the requirements of the proposed facility. Town of Vail staff members have expressed a keen interest in encouraging the utilization of energy saving devices in the proposed building, e.g. limited solar heating, re-circulated hot water under sidewalks for melting snow. Most of the architectural design effort so far has concentrated on operational concerns and building massing. Se'l ection of buitding materials and energy conservation measures has not yet 40 I i ..,. Tab]e No. 13 Energy Consumption The Mark Resort Fiscal Year 1976 Natural Gas(in '|00's of cubic feet) 22,510 27'.392 29,624 24'094 2l '47313,253 llay ilun ilu'l 15,315 14,479 12,166 Aug sep 0ct' 59,760 45,360 38,480- -. '' lj ggaeaq 25,501 l4,3.|4.| 8,4.| 2 237,5?3 ,i.rI ,,' Tota'l Note: Estimated data f.or Octoben. Note: Space heating for the 14 condominium units and 74 hotel. i,:: provided by electricity. Cormon areas and the swinming: heated by natural gas, rooms ls pool are Source: Monthly billing records from HoIy Cross R.E.A. and Public Service Company of Colorado 4l received as much attention as have other elements in developing the p1an. As the architectural plans become more detailed, more atten- tion shou'ld be focused on energy conserving techniques. l,'|ater In the last twelve-month period the Mark Resort used approximately 6.6 mi'l'lion gallons of water, (See Table No. 14) :,,..: . . Based upon this actual consumption data jt can be estimated that .' " :: the expanded Mark Resort will consume approximately 2l to 22 milliont gallons per year. Town engineer Kent Rose indicated the ability of the Vail Water and Sanitation.District to accormodate this demand- Sewgr Approximately 98 percent of the water used by the expanded Mark Resort will be returned to the stream. The Upper Eagle Val'ley Sanitation Dsitrict (whjch functions in a backup capacity for the Vail Water and Sanitation District) is planning an expansion from a capacity of 2 million gallons per day to 3.5 million gallons per day. Ihe Vai'l Sanitation District's expansion calls for an upgrading from 1.5 mi'llion ga'l'lons per day to 3.0 mil'lion gallons per day. Tentative completion schedules for the expans'ion of the Upper Eagle Va1'ley Sani- tation District are for Autumn '1978. The Vail plan is scheduled for completion in.the Sumner of 1979. The Mark's Phase I operation has scheduled initial occupancy for the end of 1977 and increasing occupancy 42 t_ Table No.l4 Water Use The Mark Resort Fisca'l Year '1976 Month Number of Gal I ons 287,870 620,050 538,250 446,380 . 738,890 747,50O May Jun Jul Aug sep 0ct '. Total 275,470 359,830 930,020 517,400 712,090 5j0,00,0 5 .673.760-._r* (estimated) Source: The ltlark Resort based on Sanitation Dlstrict. billlng from the Vail Water and Cr 43 into the early months of .|978. Thus' placed on available facilities before Thus, there is a possibilitY of some Spring of 1978. Fire Protection t: ln an rnterview with Vaj'l Fire Chief Mike Carlisle' one of his concerns related to the exiting rate frorn the conference I rooms. It should be consistent with the standards described in the uniform Fire code, 1976. As this feature of the. plan is defined, the architect should review the plan with Chief Carlisle. It was also suggested that the architect utilize the services of a Fire Protection Engineer as,the constructional details of the building are formulated. Often a small expenditure at construction time can save on annual insurance premiums. Surface Runoff In order to preserve water quality in Gore Creek, a detention system shou'ld be designed to collect silt and oil drippings in the surface runoff of the West Parking Lot. This requires that the drainage p'tan channel the water through a baffle-like detention system, It shou'ld be sized for a two-year storm, which will also take care of the average warm weather storrns. The Town of Vail has installed a similar system within its parking structure to collect salt from melting ice and oil drippings from automobi'les. Generally' the si'lt sett'les to the bottom of the trap while the oil rises to an increased demand will be the plant expansion is completed. overloading conditions in the (" 44 I the top; and the water exits from the middle. requires that the trap be emptied once a year, transported to the County's sanitary land fill This system also and the solids si te. will not This seems a reasonable approach--trash will be inside and be blown around the area. an Circulation. A 250-room addition to the l'lark Resort lia'ii.i: ':l.Jalking south from the Mark Resort on LionsHead Circle (towards _ the Antlers) can be hazardous--the combination of grade, ice, and vehicular trdffic could provide the ingredients for a serious accident. The proposed plan did not create the above mentioned prob'l ems, . but it will aggravate the existing situation. The problem is well understood. There is need to implement a solution. 45 reasonab'ty a' I Parking. Several plans for underground and above ground parking have been analyzed. At the present time, design plans have not yet been determined. Similar'ly, park'ing requirements have not yet been determined at the time of writing of this report.* However, certain observations can be made. As stated above, 75 to 80 percent of the hotel guests at the Mark are members of a 9rouporareattendingaconference.Duringtheskiseason'thereis ' a stronq tendency to arrive, apparently, either in buses or in rental - -- !-- ?-L'l ^ ll- t E lL- i.,^qr,^ *rr-h^6 ^+ ^5Fc F^^r c.F6vr6rlir,r .u,. i cars. Assshown in Table No. 15, the average number of cars registered to hotel ouests betn "il was 188 for an entire month. -ii; I". to hotel guests between December and April was 188 for an entire month. 0n a daily count basis (of hotel registration cards), the maximum number of cars registered during the ski season averaged between l5 to 25 cars. This picture is dramatical 1y d'ifferent in the surmert'ime-- 700 to 800 cars were reg'i stered during June, July, and August in 1976. This represents the djfferent transportation habits of sunnter conference attendees and a higher turnover of guests in the summer (stays of shorter duration). In terms of the proposed expansion plan for the Mark, the need for parking space for wjnter hotel guests do not appear to be excessive if the'hab,itS of the clientele remain the same. People who attend su[mer conferences, however, appear to utilize their personal automobi'les a great deal more. If Vail Assocjates' West Day Skiers' Parking Lot can be made available to accommodate parking for large summer conventions, it would be quite helpful for occasional overflow situations. r . (-* Interview with Town of Vai'l Zoning Administratrix Diana Toughil'l' December 1, 1976. t I I I 46 ( Table No. l5 Number of Passenger Cars Registered by Hotel Guests The Mark Resort Fiscal Year 1976 Number of Cars'ffirolql ltrT@ 120168 : 88 178 2't6 238 o24019l8 .. ll0I ls016 010243354 84 703 700 * * * * * * May Jun Ju'l *Note: Not available. Aug sep 0ct 831 575 135 Source: The Mark Resort. i 47 Another aspect of the parking question is employee parking. More emp'loyees work in the ski season than in the summer. As estimated above (p. 24), average staff size during the high season will be about 272. This does not mean that there will be a demand for an additional 180 parking spaces (272 projected employment less 92 present employees). Some of the considerations which.'l essen the demand for employee parking inc'lude the following: . Days off . Some people are driven to work . Car pools . Some people use the Town bus or the Valley Bus . Management personnel can park within the bui'tding- It is estimated that 50 to 60 plrcent of the staff will be assigned to the day shift.* Perhaps 80 percent of the day staff w'ill be on duty at any given time, al'lowing for days off and normal absentee'ism. Therefore, it is estimated that about .|20 peop'le would be on duty at a given time during the day. Perhaps another 30 to 40 people would be driven to work and/or be assigned underground parking because of their posit.ion. This would 'leave, 85 employees in the analysis. If one-third of this group were members of car pools, that wou'ld leave the total at 57. And, final'ly, possibly'15 to 20 people would use the bus, hitch-hike, or wa1 k to work. Thus, this dnalysis would indicate a demand for This paragraph is an example of a scenario--an analytica'l device some- times used when assessing uncertainty in the absence of facts.It is presented not as a final answer, but as a set of best guesses- I * 48 approximately 40 outside parking spaces--(* lO). The net increase would be about two-thirds of this number (28+ l0). As the operators of the ski area, Vail Associates has a ' responsibility under the terms of its permit to insure that day skiers as well as overnight guests have reasonable access to skiing on the mountain--this inc] udes parking. The u.S. Forest service has expressed concern over the possibif ity of a reduction in parking spaces for day ::,,'nskiers by competition for parking spaces in LionsHead from the increased 'employment.* ' ''?1' Il :i.ji.i Btls System. A 19 percent increase in.the LionsHead bed base wil1 undoubtedly increase the demand for bus service. Riding the bus from the Mark to the LionsHead Gondola area is not a significant saving in time or energy. tlalking is still a reasonably attractive alternative to a majority of skiers. But trips for other purposes than skiing might we1 1 be expected to increase. The combination of large numbers of people leaving a meeting at the same time and the locatjon of the Mark at the end of the bus line offers the possibility of other passengers on the bus line not being able to gain entry to the,first bus occasional'ly. The solution, of course, is not to discourage travel nor to encourage reliance on private automobiles, but to increase the frequency of service shou'ld that eventuality occur-- after Phase I or Phase II. * Interview with R'iver National District Ranger Ernie Nurm and Jim Gregg, White Forest, November, 1976. | .a :- 49 During the 1975-76 ski season, the Vail Shuttle Bus Sysiem carried an average of 7,250 passengers per day. The average guest population in Vail is not known exactly, but is estimated to be between 8,000 to .|6,000 (day visitors and overnight visitors). Thus there were about 1.65 passenger trips per visitor during this 157 day season ('f2,000 | 7,2501. The Mark Resort's average occupancy during this same period was about 80 percent. Applying these same averages to the proposed expansion plan would indicate a nine percent increase in passenger rtrips--660 more passengers per day. 'l .65 Average number of passenger trips per visitor x 400 Guests (an average of 80 percent of the 500 add'l guests) = 660 Additional passenger trips per day for a season average In addition to an anticipated general increase in ridership, there may be times when the large concentration of peop'le (associated with this proposal) may affect the system's operation. Although some studies have been made of bus ridership, there is insufficient data to predict the magnitude of the impact of guests from the Mark Resort wjth any degree of bonfidence. But a cursory analysis of several "case histories" may lend some insight. Peak Morning Period in Ski Season. There is no special advantage in riding the bus in the morning to the LjonsHead Gondo'l a; it is assumed that most Mark Resort guests would prefer to walk if they are going skiing. Peak Afternoon Period in Ski Season. 0n the one occasion when a survey was made of passengers boarding and exiting by bus stqp, -50- it covered an afternoon period betleen l-6 pm. Approximately ten percent (41 people of the 426 who boarded westbound buses exited at the Mark See Table No. .t6. (It should be remembered that this bus stop also aFconrnodates other lodges in.the area--Enzian, Vailglo, , etc-) This ten percent observation is simi.lar to the nine percent estimated increase in general ridership predicted above In the cases discussed so far, there have been no special i.. line' However, the massing of large groups of people is another matter. impacts on the Bus system will occur when the large meetings (.|,000 to 1,500) begin or end--whether in winter or suffner. At the end of a large meeting, for example, a certain amount of people will stay at the Mark; others wil] walk home; a certain amount of people will leave at staggered times; and others will drive in their own cars. But it is not too difficult to imagine 400 to 500 people waiting for bus transportation. At an average of 40 passengers per bus, that size Sroup is the equivalent of l0 to 12 bus loads. Assuming an average of':three round'trips per hour per bus, and further assuming the use of-' eight buses (normally considered the fu'll team), it would require about 35 to 40 minutes to board all of the people. But eastward traffic would be dominated for almost an hour by such an event as described in this case. -51 - Table No. l6 Total Passenger Counls Boarding and Exiting By Station Station Boardinp Exiting West Parking The Mark Lions Square . LionsHead HiltonClinic , , Holiday Inn. Foun llay Stop Crossroads Covered Bfidge Appollo Ramshorn Golden Peak l'lvolr Apol lo Covered Bridge Crossroads Four-l,fay Stop Holidajr Inn Cl inic Hi I ton LionsHead Total Lot Lodge 1 25 3l 185 14 l5 .1 4...;, . .22 ', ?1 35 6 17 25 41 23 (E) (E) (E) (E) ,(E) (E) (E) (E) (E) (tl ) (l,J) 121tl9- 156 76 14 5 l6 4 l3 802 25 l0 5 26 38 3l (t,|) ( t,) (bt) (l,t) (l,|) (t,l) (tl ) 14 30 26 221 802_ Source: Ttn Town of Vail had two observers ride two buses onFriday, l.larch 9, 1976, betwe€n I to 6 p.m. It should be noted that other buses were in openbtion during thistime perlod. t, :l -52- I i. l. i SECTION 5. MITIGATION MEASURES* The recormended mitigation measures in this section of the report represent an attempt to address some of the potential adverse impacts. A few of the mitigation measures will cost substantial sums of monles to implement. The detennination whether to implement the mitigating'.-'' ,,,, 1, nEilsuF€s discuisid ln this report, or better ones which nay be forth- . .:i,,. coming from the:Planning Conmission, or, the devdloper, wilI, also t,: reguire a decision on who should pay for these measures. The interpretation of the Townis procedures and.the.- d-ritermination - _] of equity are beyond the scope of this report. The effort in this report has been concentrated on the identiflcation of the impact, its quantlfication where possible, and some recormendations on the mitigation of adverse 6ffects. * This section of the report was prepared after theto the Planning Cormission and its staff. It is surmarize the main issues raised in the revian ofthat tirn. report was presented an attempt to the project at l- "f I -53- Building Bu]k Impact Summary. The proposed building will be one of the largest structures in Town. concern has been expressed for the potential adverse visual impact because of its sheer size. Mitigating Measures. A number of design techniques to lessen the visual impact have been incorporated into the current proposal- , However, there are a number of other stratagems which can also be employed to mitigate adverse visua'l impacts during the design process, including ... | ' - A comprehensive-landscaping plan for the site and surroundingareas which inc]ude among its principal elements the followiig: . Maximum amounts of landscaped open space. . Special landscaping attention to service areas such asdelivery and parking areas. . A design-plan for the surrounding public areas includ.ingroad right-of-ways, parking lots, ind the stream tract, Berrning and tree plant.ing--placed so they impose a more"nature-like', setting from corrnon viewing points__insteadof allowing the man-made structures to dominate the scenein these major view corridors. . An architectural design which incorporates methods to mitigatethe bui'lding's massiveness. . The placement of windows, towers, stairwa-vs, balconies. The roofing treatment- The chojce of a variety of building materia'l's, . An effect of angularity and overhangs to break up largesurface areas. . The project should fit architectural'ly into the LionsHead townscape; and, it should provide a definitive visualend to the Town. These types of concerns are typically addressed in the design process.a t': review -54- Pedestrian Circulation ' Impact Summary. Pedestrian circu] ation in the western half of LionsHead has been somewhat of a prob'lem since its'i nception in terms of landscaping, signing and safety. The proposed expansion of the Mark Resort and the comesponding anticipated increase in pedestrian traffic will worsen the present situation. This same increase in pedestrian traffic, however, holds the potential of generating more street life jf .t,.,. , ' t opportunity to develop an overall pedestrian circulation plan for i; LionsHead. Major features should include: a Designated pathways--strong'ly demarked with landscaping and signing, and separated from vehicular traffic wher6 possi b'l e. Coordination with the proposed-plan for an undergroundtheatre and commercial site--or a public plaza-- at a nearby site located in the main pedestrian comidor adjacentto the Mark. An analysis-of possible multiille uses of a pedestrian pathway along Gore Creek from the l,lest Parking Lot to the GondblaBuilding (cross-country trail and day-5pier pathway in thewinter; and hiker/biker trail in the summer). Consideration of closing a portion of the street (l,lest LionsHeadCir:cle) to most vehiculir tiaffic--in conjunction'with development of.a safe pedestrian crossing from the Mark eastward towardthe LionsHead Mall.* Delineation of pedestrian pathways from the hote'l to the Gore Creek trail. A plan for pedestrian movement on potentially icy surfaces caused by the shadows of the building on West LibnsHead Circle. Consideration of the rel ocation of the Bus Stop and the needfor a Bus Shelter if boarding is not readily accessible fromthe hotel' lobby. F-T parmal c]osing of this street iranediately north of the l4ark wouldalso need to consider the general requiremeirts of the vail Eight site--north of the Mark and west of Enzian. -55- -t *t a 1r! Impact Summary. Certain types of business meetings or conventions seem to involve members who travel to and from the meetings in their personal cars. It is possible that certain sumpr conventjons will ,require parking space at the Mark Resort in excess of what is available. l,litigating lileasures. The Mark Resort could make arrangements with Vail Assoclates to allow guest parking in the l,lest Parking Lot -,.t9l these:special situatiorls. It is assumed that the U.S. For:est i$Serrice would have no concern over such amangimnts during the"non-ski -56- a Employee Parking Impact Summary. The u.s. Forest service has expressed concern that there may be a reduction in the amount of parking avilable to day skiers in the adjoining west parking Lot by increased usage from emp'loyees at the Mark Resort. Mitigating Measures. Some alternatives which singly or in combination could contribute to mitigating this impact include the fol l owi ng: a: - Adoption-of a pol icy by-the Mark Resort which encouragescar pooling and usage of public transportation for em[.] oyees__and use of the Mark's own shutile van. . Adoption of a policy by the Mark Resort which allows emproveesto use parking. spaces within the building when not requireiby guests. (This could inc'l ude an incentive system to tne emp'loyees--minimum of three people per car, foi example. ) . Consideration of the Valley Hide Bus System schedule whene9lqblishing the starting time for various departmental. shifts. 0bviously, the needs of the job come'first, butsometimes a l0 or 15 minute'leeway in a starting ti;e iinmake a major difference in employee utilization-of pub.l ictransportati on. . As discussed in Section 4, very few winter guests of theMark. have private automobiles irith them. f6e major uie-of the on-site parking during ski season will be-for the Mil!lt?!: bar, and dining rooms.in the eveninss. rmpioveeparKr.ng (as well as guest parking) in the l^Jest Farkjng' Lotwould.not-appear to fepresent a fioblem to day st<ieri]_--assuming it is mutually acceptable to the pariiei involveo. rt -57 - _.r ta L- t -a !t Guest Parking, Transporation Considerations, and Special Events Impact Summary. It is expected that during ski season most hotel guests of the Mark will continue to arrive via buses or rental cars; and, therefore, parking for private passenger vehicles represents no spec'ia'l prob'lem. A1 though it has never happened before, it is possiblethatthe Mark Resort could host a convention during ski season which would involve a targe number of private passenger vehicles which wou'l d exceed parking availability on site. 0r, a single event ,cou] d be held in the meeting rooms of the hotel which also could attract -tan audienCg wi1t1. a,q_oirbsponding 1argq.,'demand for on-site parking. Mitigating Measures. The Town of Vail shou'ld review its entire approach to the park'ing situation. A great deal of parking space has been deve'loped in town but it is not always available to the public. Many of the parking requirements seem ds if they were franed to accommodate theirequirements of a weekend,resort. Some combination of the following alternat'ives may prove helpful: The Mark Resort could adopt a policy which would avoid booking those types of conventions which tend to cause asignificant overf'low situation in the parking of cars during a critical period, €.g., it ho1 iday or weekend during the ski season. Alternatively, with proper notification of a major event or an expected overflow sjtuation at the Mark, a number of transportation and parking solutions can be formulated by the Town Staff.for a special situation which wjll enhance the Vail experience for the guests. The key item is advance notice to allow appropriate planning. One of the items that should be considered in any change of the parking regulations is allowing lodges to open upparking spaces for the general public for a charge; currently,it is prohibited by city ordinance. This could alleviate some of the stress on the parking system during the critica'l peri ods. -58- Bus System Impact Summary. Two major categories of impacts on the bus system were identified: . A_general increase in ridership associated with thisplan (estimated at about nine bercent) . fF possibility of holding a major event at the Markwhich will require the rnovement of large numbers of peoplewithin a re'latively short time. Mi ti gation l''leasures. . Probab'ly it will be necessary to purchase another shuttlebus to accomnodate the expecled glneral increase inridership when the Phase II plan-is operational .* Currently,the cost of a ready-to-use bus is appioximate'ly $q5,000. . Also, it seems likely that the Town of Vail wil'l have togperate additional buses at times to maintain the presentlevel of service because of the increased demand--four-buses, rather than three, for.example, and nine buseirgt!91 than eight. The direct operating costs of theshuttle pJstem (fuel , oil, mechanit,s tim6, drivers'salaries) average about $j0 per hour--say $90 for aneight hour shift. Again sufficient datjdo not exist topredict. accurately the incremental usage of the bus sytemcqqged by this hotel expansion. But if, for example,-anadditional 50 eight-hour shifts were added to the svitem 9y"ilg a year, it woutd cost about $4,000 ($80 per inift x50 shifts = $4,000). . Regarding the scheduling of very large groups, severalsuggestions were made on the previous page. * Allen Gerstenberger, Tourn of Vail. -59- 75 South Frontage Road Vail, Colorado 81657 303-479-21 38 / 479-21 39 FAX 303-479-2452 Departrnent of Comnunity Development August 17, t994 Robert Velasquez c/o Radisson Resort vail 715 w Lionshead Cr.Va11, CO 81657 Re: Raddison Resort Cert,ificates of Occupancies Dear Mr. VeLasquez, Aft.er a thorough record research, our file indicaLe that FinalInspectlons have been performed on Phase I, II & III. FinalInspections do constitute a Certificate of Occupancy for theintended use of Ehe struct,ure. If you have any further questions, please do not hesitate toconeact me at 303/479-2138. Thank you for your assistance. Chief Building OfficiaL xc: File Chrono Disclairner: This letter does not construeapplicable codes to the existing condltlonsperforrned t2/6/1988 on Phase fII. the exlstinq conpliance with alL of 'the hotel per last lnspection lJ-Eo (., N q, <, N 6JlJ- Ec.! !- ct o J o z u z F C' tL -u F 'o C' C' 0 o -J .:Z(Jo sr +Jo -J \o +i ,dL5 i15Ptn t o u1 I tn(u c'l oJ .l c o(J (, D +l.sCr ti uLo L c)tJl .o>z .)F\ L t-: OJ(J c.)(f I qo ca 7 .t, S,..1 rFSa ssi FfiF Es3:\F{F\ Fr 'v H$H\iac5> n€P Ebr"Esisstcl lJ ^"J ..uix:t stS.\r < \. l\:\ \ -\ \.tF- ! ).Jss6dS.TRq L'..:ktA;YF;isISI+E*..i F oiiiis Ed:srtlsxari siiR s 313 SiSr .li*t 6{ l-rk i'-+. 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C) DATE / / t'L.,/JOB NAME / MON CALLER@ INSPECTION REQUEST TOWN OF VAIL | (."- t.:a READY FOR LOCATION: INSPECTION: \', i.r,i1 ! WED THUR FRI BUILDING: tr FOOTINGS / STEEL PLUMBING: tr UNOERGROUND tr ROUGH / D.W.V. tr ROUGH / WATER tr FOUNDATION / STEEL O FRAMING tr INSULATION tr GAS PIPING tr SHEETROCK NAIL tr POOL / H. TUB O FINAL ELECTRICAL: tr TEMP, POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS O CONDUIT tr SUPPLY AIR ;(neenoveo CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE I - Aq -.?O INSPECTOR READY FOR LOCATION: JOB INSPECTION:MON INSPECTION REQUEST THUR FRI BUILDING: tr FOOTINGS / STEEL PLUMBING: O UNDERGROUND tr ROUGH / D.W.V.g FOUNDATION / STEEL tr FRAMING tr ROUGH / WATER T] INSULATION tr GAS PIPING tr SHEETROCK NAIL tr POOL / H. TUB tr tr tr FINAL O FINAL. ELECTRICAL: O TEMP. 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TUB tr FINAL ELECTRICAL:MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS tr SUPPLY AIB tr APPROVED CORRECTIONS:@s,totv'OVED i Geue4 a4/ atu <Jrr/l ,d nerruspEcrroN REeuTREDc-/7-. -<.,31/ Kc - iol/" /f ,4r /z 5n, / 'i-<c, irz INSPECTOR ke e/. //L/ C-i DATE READY FOR PECT,ION: LOCATION: CALLER TUE WED JOB NAME INSPECTION REQUEST TOWN OF VAIL -@ pM BUILDING: tr FOOTINGS / STEEL PLUMBING: tr FOUNDATION / STEEL tr UNDERGBOUND tr ROUGH / D.W.V. tr ROUGH / WATERtr FRAMING tr INSULATION tr GAS PIPING tr SHEETROCK NAIL tr POOL/ H. TUB tr tr B FINAL tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: O HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT o tr SUPPLY AIR D. EI FINAL O FINAL APPROVED COBRECTIONS: g DISAPPROVED tr REINSPECTION REQUIRED D^rE Z -7 - Kn rNSpEcroR INSPECTION REQUEST TOWN OF VAIL DATE READY FOR LOCATION: INSPECTION: JOB NAME MON I CALLER TUES .- '\WED THUR ,,.FRI ..' 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POWER MECHANICAL: tr HEATING tr EXHAUST HOODS CONDUIT tr SUPPLY AIR tr FINAL tr FINAL APPROVED CORRECTIONS: tr DISAPPROVED tr REINSPECTION REQUIRED DATE INSPECTOR { F z lil z z- F I :! a -l IJ lrii! :l tr t- i.l e I !l uz 4 '.l F. \ ;i UJF z ot, E ! € rlI tdJ:aa I I I I ld I I .A 5' JI gL) =+8.l-Oz o(*) oF C) Fzo(J z 'r (J UJ = F() llJtrI ..d' F F oz F()qo E,o. lu k co +, E'!t JIat =IA P.po LL G' = ij =z dt .J E*3A;E .E :r-q'-E=RE;.r9bEIEit.'tl EI -€ EIDtr lrJ o-zoF CJ :)EFozo() z ot! f DATE L"t JOB NAME {J' INSPECTIONi TOWN OF REQUEST VAIL BEADY FOR INSPECTION: ,(\{v ,,Loclttott' CALLER TUES AMWEDTHURFRI o BUILDING: O FOOTINGS / STEEL PLUMBING: tr UNDERGROUND O ROUGH / D.W.V. tr ROUGH/WATER tr FOUNDATION / STEEL tr tr tr tr tr FBAMING ROOF & SHEER PLYWOOD NAIL'NG tr GAS PIPING INSULATION SHEETROCK tr POOL/H,TUB NAIL tr tr i'i - . :i: . Vmr*r /En/ ,4,7 FINAL t i," I ELE tr'I trF trC tr- CTRICAL:MECHANICAL:T TEMP. POWEB tr HEATING ROUGH O EXHAUST HOODS CONDUIT tr tr tr SUPPLY AIR Fllf'L FINAL 4d/l:.orro CORRECTIONS: tr DISAPPROVED B tr{SPECTION REQTJIRED d c,4<,/ro i -4r*,_ Z - ,Z-...o-^* INSPECTOR DATE INSPECTION: JOB NAME MON INSPECTION REQUEST TOWN O AIL // - CALLER TUES WED THUR FRIREADY FOR LOCATION: h EUILDING: O FOOTINGS / STEEL PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V.tr FOUNDATION / STEEL tr FRAMING tr ROUGH/WATER ,- ROOF & SHEER" PLYwooD NA|LING tr GAS PIPING tr INSULATION tr SHEETROCK O POOL/ H. TUB NAIL tr o tr FINAL MECHANICAL: tr HEATING tr EXHAUST HOODS tr SUPPLY AIR tr: FINAL B FINAL ,Fleenoveo CORRECTIONS: tr DISAPPROVED REINSPECTION REOUIRED /"/ac TOWN OF VAIL DATE READY FOR INSPECTION:TUES WED THUR FRI JOB NAME MON L 1". BUILDING: O FOOTINGS / STEEL PLUMBING: tr FOUNDATION / STEEL tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH/WATERO FRAMING n ROOF & SHEER" PLYWOOD NAILING tr GAS PIPING tr INSULATION E SHEETROCK tr POOL/ H. TUB NAIL tr tr o trtr FINAL FINAL ELEGTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS B CONDUIT O SUPPLY AIR o tr FINAL /Reenoveo CORRECTIONS: tr DISAPPROVED tr REINSPECTION REOUIBED DATE ;.+INSPECTOR DATE READY FOR LOCATION: tNsbJ'bnoN TOWN OF REQUEST VAIL ]NSPECTION: JOB NAME MON CALLER TUES WED THUR BUILDING: O FOOTINGS / STEEL PLUMBING: tr UNDERGROUND P\ROUGH / D.W.V. \R ROUGH/WATER tr FOUNDATION / STEEL n ROOF & SHEER- PLYWOOD NAILTNG tr GAS PIPTNG tr POOL/H.TUB MECHANICAL: I. o HEATING tr EXHAUST HOODS tr SUPPLY AIR D CORRECTIONS: tr DISAPPROVEO tr REINSPECTION REQUIRED ;; ,ir??b=i -;,;;; 'r}INSPE CTION REQUEST TOWN OF'VAIL DATE JOB NAME CALLEB FEADY FoR lNsPEcrloN: MoN TUES wED THUR FRI - AM pM LocArfoN: OF/t'9e TTf tr APPROVED CORRECTIONS: ,l PATC?| At< .kr. tr D.rsAppROvlD..6s, t/tD t4a(tS E A.Y ALL tr REINSPECTION REQUIRED t-"'ilt P,qatc * QtuE - BUILDING: tr FOOTINGS / STEEL tr FOUNDATION / STEEL tr FRAMING r-, ROOF & SHEER" PLYWOOD NAILING PLUMBING: tr UNDERGROUND tr ROUGH / D.W.V. tr ROUGH/WATER O GAS PIPING tr INSULATION tr pOOL / H. TUB tr SHEETROCK NAIL O o g FINAL tr FTNAL ELECTRICAL:MECHANICAL: tr TEMP. POWER F O HEATTNG tr ROUGH tr CONDUIT O SUppLy AtR tr"9 tr FINAL tr FINAL At?acrf I' ECTION TOWN OF REQUEST VAIL OATE ! !) i:/) JOBNAME/r' INSPECTION: CALLER BEADY FOR LOCATION: ruEs ril;)MON I BUILDING: tr FOOTINGS / STEEL O FOUNDATION / STEEL PLUMBING: O UNDERGROUND tr ROUGH / D.W.V. tr FRAMING tr ROUGH/WATER n ROOF & SHEER- PLYWOOD NAILING tr GAS PIPING O INSULATION O POOL / H. TUB tr O FOUNDATION / STEEL tr FRAMING - n ROOF & SHEER -PLYWOODNAILING _ O INSULATION - tr SHEETROCK NAIL t-l O FINAL ELECTR!CAL: O TEMP. POWER tr ROUGH tr CONDUIT LJI - ',fi ftrunl ;/ .l''. .- - .. . ! .j 7' i. .+ ,: r - tr tr FINAL MECHANICAL: tr HEATING tr EXHAUST HOODS tr SUPPLY AIB tr FINAL _f(rnenoveo 'coRRecttotts' O DISAPPROVED B BEINSPECTION REQUTREO DAT€ :l- --- /...! INSPECTOR INSPECTION TOWN OF REQUEST VAIL DATE READY FOR LOCATION: INSPECTION: JOB NAME MON ruEs wED rHUR @ BUILDING: PLUMBING: tr FOOTINGS / STEEL tr UNDERGROUND g FOUNDATION / S.TEEL tr ROUGH / D.W.V. O FRAMING n ROOF & SHEERu ptywOOD r.rApplC tr GAS PIPING -tr INSULATION - tr POOL / H. TUB -tr SHEETROCK NAIL O - o tr_ tr FINAL tr FINAL ELECTRICAL: MECHANICAL:IE tr TEMP. POWER tr HEATING tr ROUGH tr EXHAUST HOODS tr CONDUIT tr SUPPLY AIR -trtr KFTNAL tr DISAPPBOVED tr REINSPECTION REQUIRED5/eeenoveo 'conREcttot'ts, INSPECTOR IE-,"..tF' INSPECTIONTOWN OF REQUEST VAIL oljft. F.3 -ry JoB NAME CALLER TUES @READY FOR INSPECTION: LOGATION: BUILDING: tr FOOTINGS / STEEL PL tr B tr tr tr tr UMBING: UNDERGROUND ROUGH / D.W.V.tr FOUNDATION / STEEL tr FRAMING ROUGH / WATER n ROOF & SHEER- PLYWOOD NAILING GAS PIPING B INSULATION POOL / H. TUB tr SHEETBOCK NAIL =@ h:Frr.rar-tr FINAL ELECTRICAL: tr TEMP. POWER MECHANICAL: tr HEATING tr ROUGH tr EXHAUST HOODS B CONDUIT tr SUPPLY AIB n "*{R tr FINAL 4 - a.Appaoveo tr DISAPPROVED tr REINSPECTION REQUIRED CORRECTIONS: INSPECT BER OF PROJECT OATE READY FOR LOGATION: INSPECTION: JOB NAME MON CALLER TUES WEO THUR FRI BUILDING: tr FOOTINGS / STEEL O FOUNDATION / STEEL PLUMBING: T] UNDERGROUND tr ROUGH / D.W.V. tr ROUGH / WATERtr FRAMING ,-, ROOF & SHEERu PLYwooD NAILING tr GAS PIPING tr TNSULATION tr SHEETROCK tr POOL / H. TUB NAIL tr trtr MECHANlCAL:ELECTRICAL: tr TEMP. POWER tr HEATING tr EXHAUST HOODStr ROUGH tr SUPPLY AIRCI CONDUIT tr DISAPPROVED tr REINSPECTION REQUIF -HPPROVED4o^ r"r,o*", INSPECTOR I Flril 2a &-1 {*."\ritru,to$- fY\odB!.= ilU- y* Pt, M"rvon;, 4 J^$e 4M 'C\ .\ r )ubtn,t h-\ I I xpt-oor?E Ft+ Is(DP!F-U€p(-g WE ARE SENDING YOU O tr ShoP Drawings E CoPY of letter Attached/ ! under separate cover vla fl Prints E Plans LETTE T@ F TRAN SIJM] I]TTIAI ! Samples E Specifications oerc b- l-aO E Change order ! THESE A tr dt tr ! TRANSMITTED For approval For your yse As requested For review and comment as checked below: n D tr tr Approved as submitted Approved as noted Returned for corrections Resubmit - copies for approval Submit - copies for distrubution Return - corrected prlnts n tr tr 14-\3V' € FOR BIDS DUE tr PRINTS RETURNED AFTER LOAN TO US il enclosurcs arc not as noted, kindly noffy us al once. Date:* A'ao Enclosures: -- CDtng bljNa|) - .t n sisned: Nt4' 7 t Q^k\*- hm Personol Memo from . ' . Rtck Pylman a{s 5\ 51 x tl.r o.ot> \'tB l6b I t.-l t 5o s> sL^ bb {t } z r\ frrr.! ({"o f) C-^&r l rv''J- 1 gr--9 'r ^ikt. ln,--.,h*\ n"' - |rsltlr' (rr{+', t-'* 1 )qT f* e-r&-JL bV 5;\^4 *'|.*f TRANSMITTAL b,4,40 e". Man roIY Tavvvtg. L(MI ?P Remafts: t t l../ (i:^-^,. i-'(-li .t- l\a-lls |'L .?o Vuuptotf NEd +'5 Mar'lJNttg avq€ sqv'?z 9ntrT9 : g? €b^Ap\(Ve ONrT5 : $ ?a.,ft.-ffi& €tct:t/ct, Uxrrr:'. D.r, i 59 A,o', z-Y?. 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JZO\n-l t n)t rJrra,,- | "-?J>&(t*+rz--Tnaez To L I tb \t C 7 B A B Sreo ov<- tvrJ62 Co"n-rqo \rlv rf T.l Frt dN rr ? | voe6e. eobvt^ (a..,) t | = 2 tq0b1 kz'oot-S C"", ) bonrlO UNr 6 rrteNG JTf75{ O.J.', .8@ er.,fruc AND EN'rR.N!{ENTAL cor.slssroN r,{ARcH 1#*iL11" cofiss A Work Session on Air Quality. Site Visits lrublic Hearing STTE VISITS 12:30 2:0o 3:Oo 4. 1-. Approval of minutes from l{arch 19, 1990neeting. A request for a side yard setback variance and a strearn setback variancefor Lot 9, Block 3, Vail Row Houses(unit #e).Applicant: Walter Gramm A request for a setback variance for theconstruction of a garage on Lot 20, Block 7, Vail Village l-st Filing.Applicant: Peter Tufo A reguest for an arnendment to Special Developnent District No. 22 and a nrajor subdivision for resubdivision of Lots 1-L9, Block 2, Lionsridge Filing No. 3.Applicant: !1r. Pat Dauphinais, Dauphinais - Moseley Construction A request for a height variance in orderto add dormers to the upper floor of the Mountain Haus at 292 E. Meadow Dr. (Part of Tract B, Vail Village First Filing)Applicant: Rich Brown/Mountain Haus Condo. Assoc. A request for a Special Development District at the Garden of the Gods on Lot K, Block 5, Vail village FifthFiling at 365 Gore Creek Drive.Applicant: Garden of the Gods, Mrs.A.c. HilI Family A reguest for a conditional use pernit to expand a proposed parking structure for the Vail Valley Medical Center on Lots E and F, VaiI village 2nd Filing at 181 West Meadow Drive. 6. 7. @ Vail Valley Medical Center %epresentative for the April - June, 1990 DRB terrn. Note: Joint Council/PEC work session Tuesday, March 27, from L?rOO-2:00 p.n., regarding enployee housing. ck< lnwn utl t5 aouth trorrtrg. rold v.U, cololrdo 81057 (3qD tl?$216g FA)( PEONE TRAI{SI'TTTAIJ STIBET r(): CI)ilPAIIY NAIIE: FA:l PEOIIE I|I]!IBER:\-b I FROU: DATE: S- NO. 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O QP'olo 7 \t FOOPiqE'}- *, |i -}t!! -!fiP I 5 E "r -b'9oil<*c E8<9cE 91 ortt -ior'. - oa.. a t|t.rloi'rlolto o F P;9 'P SgEBl En cRB q I818di. urdltrl5'Jr f}.__t-_e qlotr4 o ('r-ni (?-FoDurrFoottoEburro^o toltl(\Or-ooFFlg 9^ l?oF D trtrr|. D oo ,Qooo@- tPSlto E o ott O rtetf?o- roqr^FrrE nt nor.Sio}totFotAD.-qt oot-ttE - drr\tqtHr OOO J:zelEp.oO!rO O |ts O lJErrtOO c-tlte _ r,iot . fio f?P rt ;to rlfi -rrto'r E gtnt9illTEao'{.89' O t . D SgFtrrFo@OO0lH It or0 ol< oo !.ro Do orf -d€ E o co EAoo aEE.>e*E $HE E€E;.EE e3sp gE:-et (n .+ HF{zrdoHH(\IrdDrndQ\o ut&FT4FB&O<(J(aE<U:Hax=za'l<rt]< Tri6,H"qfiEE 'fE dii6 it , 3-- Ir trtI t -tt Dt € o and EnvlronDental r publlc hearLng Ln uunicipal code of the in the Town of Vail A reguest for a final plat for a maJor subdivLsion for sDD No. 16, on a portion of Parcel A, Lionre Rldge Subdlvl.sion,Filing No. 2 (The valley - Pbase III)Applicant: Brad and Susan Tjossen A request for an exterior alteration in order to construct an addition to the BelI Tower Bullding at 201 Gore Creek Drive.Applicant: Clark Willinghau / BeLL Tower Associates, Ltd. A request for a site coverage variance for an addition on r.ot 31, Block 7, vail village lst Filing.Applicant: H. Ross Perot A request to apply High Density ttulti-Fanily zoning to the Mariott Mark Resort and for a naJor amendnent to Speclal Development District No. 7 (I.larriott Uark) in order to add 58 tirneshare units and 8 enployee housing units.Applicant: Marriott Corporation. A request for a conditional use permlt to al.low for a Bed and Breakfast at I,ot 118, llatterhorn Village Subdivision.Applicant: Willian Clen A request for a maJor subdivision, a requett for a varianeeto the maxirnum height for retainlng walls, and a reguest for a variance to the naximun percent grade for a road, on a parcel connonly referred to as Spraddle Creek, an approximate 40 acre parcel located north and east of the Maln Vait I-?0 interchange and east of the Spraddle Creek tivery. Counencing at the Northeast Corner of the Southeast L/4 of the Southweet L/4 of Sectlon 5, Township 5 South, Range 80 West of the 6tlr Principal lleridtan, being an Eagle County Brass cap properly narked and set, vith all bearlngs contained herel.n being relative to a bearing of s 00 11r 00rl E between the Northeast Corner of said Southeast L/4 of the Southwest L/4, and the Southeast Corner of said Southeast L/4 of the Southwest L/4 being an Eag1e County Brass cap PUBLIC NOTICE NOTICE IS HEREBY GMN that ttre Plannlng Connission of the Town of Val.l wlll hold accordance wlth Sectlon 18.66.060 of tlre Town of VaLl on l.lay 14, 1990 at 3:00 p.n. Uunicipal Building. Consl.deratlon of: 1. 2. 3. 4. 5. 6. o properly larked and 3ett aald Northeast Corner of the Souttrealt L/4 oC the Southweet l/4 being the Polnt of beglnnlng; thence S OO 11r oon E along the-east llne of sald Southeast L/4 ot tlre Southveet L/4 of section 5 a'dletance of 132o.1r[ 'feet to the Southeast Corner the eaid Southeast l/4 of the Southweet L/4 of Sectlon 5i thence S 89 47r 48|| w along the south llne of eald Southeaat L/4 of tlre Southuest L/4 of Sectlon 5 a dlstance of 901.00 feet; thence N 73 4813i[ tf along Interstate ?o Rlght of lfay llne a dl'etance of 234.L2 feeti thence N 66 52r 12i w along sald Rlght of l{ay ll.ne a distance of 24L.10 feet to a polnt on the sest line of eaid Southeast L/4 ot the Southwest V4 of Sectlon 5; tlrence N oo 2or 31n l{ alonE the sest llne of sald SoutheaEt L/4 of the southwe9t. L/4 of Sectlon 5 a dietance of 1161.66feet to the Northrest Corner of the Southeast 1,/4 of the Southwest l/4 ot Sectl.on 5 belng an Eagle county brass cap properly uarked and seti thence N 89 41r 12x E along ttre norttr line of said Southeast 1/4 of the Southwest L/4 ot Section 5 a distance of 1331.07 feet to the Point of Beginning. Said real property contalnlng 39.55 acres, rore or less. The appllcations and informatl.on about the Proposals are aval.lable for publlc lnspectl.on ln the Conrnunlty Developnent Departnent office. Town of Vall Connunity Developnent Departnent Published in the VaiI Trail on AprlL 27 ' 1990. I I lom 75 roulh fronlego road Yrll, color.do 01657 offlce of communlly development a RETURI{ !O SENDER dn{tl0 ll'l' ', 'l' lll'',' 'll' lr,ll'1,,1 o 1. 2. PUELIC NOTICE NoTIcE Is tlEREBy cf\IEN that the Planning and Environnental Conniesion of the Town of vall uill hold a publlc lrearlng Ln accordance slth Section 18.66.060 of the nunlcipal code of ttre Town of VaLt on t{ay 14, 1990 at 3:00 p.D. ln the Town of Vail uunlclpal Building. Consideration of: A reguest for a flnal plat for a naJor subdivislon for sDD No. 16, on a portion of Parcel A, tionrs Ridge Subdlvisl-on,Filing No. 2 (The Valley - Phase IrI)epplicant: Brad and Susan TJoBsen A request for an exterior alteration in order to construct an addition to the Bell Tolter auilding at 201 Gore Creek Drive.Applicant: Clark Wlllinghan / aell Borter Associates, Ltd. A request for a site coverage variance for an addition on I.ot 31, Block 7, VaiI village lst Filing.Applicant: H. Ross Perot A request to apply High Density uulti-Farnily zoning to ttre Uariott l{ark neiort and for a najor arnendment to Special Development District No. 7 (Marrlott Mark) in order to add 58 tineshare units and 8 employee housing units. Applicant: Uarriott CorPoration. A request for a conditional use pernit to allow for a Bed and Breakfast at l,ot 118, ltatterhorn Village Subdivision.Applicant: Willian Clen A request for a major eubdivision, a request r-or a variance to the maxinun height for retaining ralls, and a reguest for a variance to the naximum percent grade for a roadr on a parcel cornnonly referred to as Spraddle Creek, an ipproxl.nate 40 acre parcel located north and east of the Ulin Vail I-70 interchange and east of the Spraddle Creek livery. ConnencinE at the Northeast Corner of the Southeast t/4 of the southwest L/4 of Section 5, -Tomship 5 South, ninge 80 t{est of the 6th Princlpal t{erldian, belng an Eagle County Brass cap properly narked and setr.with all bearlngs contained herein being relatl.ve to a bearl.ng of s 00 11 ' OOn E between the NortheaEt Corner of sald Southeast L/4 of the Southwest L/4, anl the Soutlteast Corner of said southeast L/4 of the Southwest L/4 being an Eagle County Brass caP 3. 4. 5. 6. a properly Darked and aeti aald Iortheast corner of the souttreait L/4 oC the Southneet L/4 belng the Polnt of beginning; thence s oo 11r oon E along the,east line of said southeasi l/4 of the Southweet L/4 of sectlon 5 a distance of 1320.1{ feet to the southeast Corner the sald Southeast l/4 of tlre southueet L/4 of Sectlon 5i thence s 89 {7r 48n w along the gouttr llne of cald Southeaat L/4 of tlre Southveet L/4 of Sectlon 5 a distance of 901.00 feet; thence N 73 4813ir w along IntGrEtate 70 Rlght of tfay ll.ne a dLstanee of 2L4.L2 feet; thence N 66 52r 12n tf along said Right of t{ay 1lne a dlstance of 241.10 feet to a point on the ueet line of ral,d SoutheaEt L/4 of the Soutlrweet L/4 of Sectlon 5; tlrence N OO 2Or 31r W along the ueet llne of sal'd SoutheaEt l/4 of the Southveat. L/4 of Sectlon 5 a dlstance of 1161.66feet to tlte Northsest Corner of the soutlreaat 1/4 ol the Southreet L/4 of Sectlon 5 bel.ng an Eagle County brass cap properly aarked and seti tience N 89 {1' Lzr E along the north Ilne of eaid Southeast L/4 of the Southwest 1/4 of Section 5 a dlstance of !.331.0? feet to the Point of Beginning. sald real property containing 39.55 acres, Dore or less. The appllcationE and tnformation about the proposals are avallable for pubtlc Lnspection Ln the Conrnunity Developnent Departnent offlce. Town of Vall Coumunity Development Departrnent Pnblished Ln the VaiI Trail on ApriL 27 ' 1990. o h;FoRWAADT rr c ""r. ;ioS;;5o LARRY CADIO '''+. 2141 MESA DRIVE SA}ITA ANN EEIGHTS CA 92707 75 |oulh frcr rg. rord ur , colorudo 81657 offlce ol comnrunlty rbuelopment ll,l,,r,l,llr,,lll,,,lr,rl,l,hl 1. PUBLIC NOTICE NoTfCE IS HEREBY cIllEN that ttre Planning and Envlrorunental Counissl.on of tlre Town of Vall rl11 hold a publtc hearing tn accordance with Section 18.66.060 of the uunicipal code of the Town of Vail on Uay 14, 1990 at 3:00 p.n. ln the Town of Vail ttunicipal Buildlng. Consideratlon of: A request for a finat plat for a naJor eubdlvislon for SDD No. 16, on a portion of Parcel A, L,J,onrs Ridge Eubdivislon,Fiting No. 2 (lbe Valley - Phase III)Applicant: Brad and Susan Tjossen A request for an exterior alteration Ln order to construct an addition to the Bell Tower Building at 201 Gore Creek Drive.Applicant: clark willinghan ,/ Bell Tolter AssocLates, Ltd. A reguest for a site coverage variance for an addition on Lot 31, Block 7, Vall Village lst Filing.Applicant: H. Ross Perot A request to apply ltlgh Density uulti-Fanily zoning to the t{ariott }lark Resort and for a najor anendment to Special Developnent District No. ? (Uarriott Mark) Ln order to add 58 tineshare units and 8 enployee housing units. Applicant: Marriott Corporation. A request for a condltional use pemit to allow for a Bed and Brealrfast at I€t 118, l{atterhorn Village Subdivision. Applicant: willian clen A reguest for a najor subdivision, a reguest for a variance to the maxiuu:n height for retaining walIs, and a request for a varLance to the naximun percent grade for a roadr on a parcel cornnonly referred to as Spraddle Creek, an lpproxlnate 40 acre Parcel located north and east of the ltl-in vail I-70 interchange and east of the spraddle Creek livery. Conmencing at the Northeast Corner of the Southeast L/4 of the Southweet L/4 of Section 5r.Township 5 South, nbnge 80 lfest of the 6th Principal lteridian, being an Eagle county Brase cap properly uarked and set,.wlth all bearings conta-ined hereLn being relative to a bearlng of s 00 11r oOn E between the Nottlteast corner of sald Southeast 1/4 of the Southwest L/4, and the Southeast Corner of said Southeast l/4 of the Southwest. L/4 being an Eagle County Brass cap 2. 3. x^ 5. 6. properly lark€d and aeti sald Northeast corner of the souttreait L/4 of the Southwest 1/4 belng the Polnt of beginnlng; tbence S Oo 11 t Oon E along the east llne of said southeast L/4 ot the Southweet L/4 of Sectlon 5 t dl.stanceof 1320.14 feet to the Southeast Corrrer ttre aaid Southeast U4 of the Southweet l/4 of sectlon 5i tlrence s 89 47r 48n w along the south llne of sald Southeast L/4 of tlre Southrest L/4 of Sectlon 5 a distance of 901.00 feet; tbence N 73 481 32n w along Interstate 70 Rlght of ray line a dietance of 2L4.L2 feeti thence N 66 52r 12i w along eald Rlght of wayllne a dl.etance of 24L.10 feet to a point on the ueet ILneof gaid Southeast L/4 ot the Soutlrseet. L/4 of Sectlon 5; thence N Oo 2Or 31n lf along tlre vest llne of gatd Southeast L/4 of the Southreet L/4 of Section 5 a dietance of 1161.66feet to the Northwest Corner of the Southeast 1,/{ of the Southwest l/4 ot Sectlon 5 belng an Eag1e County brase cappropcrly uarked and set; thence ll 89 41r 12n E along the north line of said Southeast L/4 ot the Southweet l/4 of Sectlon 5 a distance of 1331.0? feet to the Point of Beginning. Said real property containlng 39.55 acres' Doreor lees. The applications and infornatlon about the proposals are available for public inspectlon in the Connunity Developnent Departnent offlce. fown of Vail Conmunity Development Departnent Pnblished in the Vall Trail on April 27, 1990. E= - =a/>.r3i/4\qry s6 d4FoEqEsEig3i :3€i{a€8.oog o€ 3ot ;Cas .SA' -$r'-#.r/\!. ]{*v.", / '.,.. ^!,4 , .. .sj' {i ' *St;r:; o,#o o 1. PUBI-,IC NOTICE NoTfCE IS IIEREBI GI\'EN that the Planning and Envlronnental Connissl.on of the Town of vall rl.tl hold a publlc hearLng Ln accordance wlth Sectl.on 18.66.060 of tlre uunicipal code of the Town of VaLl on llay 14, 1990 at 3:00 p.D. ln the Town of Vail llunicipal Buildlng. Consideratlon of: A request for a flnal plat for a uaJor subdlvl.sl.on for SDD No. 16, on a portion of Parcel A, Llon't Rldge SubdtvisLon,Filing No. 2 (The Valley - Phaee III)Appll.cant: Brad and susan Tjossen A request for an exterior alteration in order to construct an addition to the Bell Toner Building at 201 Gore Creek Drl.ve.Appllcant: Clark Wllllnghan / BeLL Tower Associates, Ltd. A request for a site coverage varlance for an addltion onIpt 31, Block 7, Vail Village lst Filing.applicant: H. Ross Perot A request to apply High Denslty Multl-ranily zoning to theUariott Mark Resort and for a naJor arnendrnent to Special Developnent Distrlct No. 7 (l'tarrlott l{ark) Ln order to add 58 tirneshare units and 8 enployee housing unlts.Applicant: llarriott corporation. A request for a conditional use pernit to allow for a Bed and Breakfast at l.ot 118, llatterhorn Vlllage Subdivlslon.Applicant: Williarn Clen A r€quest for a najor eubdivlelon, a requeBt for a varianceto the maxinun height for retalnlng walls, and a reguest for a variance to the naxl.nun percent grade for a road, on a parcel connonly referred to as sPraddl€ Creek, an approxLnate 40 acre parcel located north and east of the Main Vait I-70 Lnterchange and east of the Spraddle Creeklivery. Connenclng at the Northeast Corner of the southeast L/4 of the Southweet L/4 of Sectlon 5, Township 5 South, Range 8O West of the 6th Prl.nclpal l{eridian, belng an Eagle County Brass cap properly narked and set, vith all bearlngs contalned hereln belng relative to a bearl.ng of S o0 11r oon E betueen the Nortlreast Corner of said Southeast 1,/4 of the Southwest L/4, and the Southeast Corner of said Southeast L/4 of the Southtrest L/4 being an Eagle County Brass cap 2. 3. 4. 5. 6. properly Darked and seti sald Northeaet corner of the Souttreast L/4 oC the Southwest, L/4 being the Polnt of beglnnlngi thence s o0 11r Oon E along the eaEt lLne of said Souttreaet L/4 of the Southweet L/4 of Sectlon 5 a distance of 1320.14 ieet to tlre Southeaet Coniler the eald Southeast L/4 of the Soutlrweet L/4 of Sectlon 5; thence S 89 {7r 48n w along the eouth ltne of rald Southeast. L/4 of the Southwest L/4 of Sectlon 5 a dlstance of 901.00 feet; tlrence N 73 'l8l3ir w along Interetate ?O Rlght of tlay llne-a dl'etance of 2L4.L2 feeti thence N 66 52r 12n W along satd Rlght of l{ay llne a dl.stance of 24L.10 feet to a poLnt on the weet lineof eald Southeast L/4 of the Souttrsest L/4 of Sectlon 5t thence N OO 2or 31r lf alonE the sest llne of eat'd Southeast L/4 of tlre southweet L/4 of Sectlon 5 a dlgtance of u61.66 feet to the Northwest Corner of the Southeast !{ of the Southweet l/4 oC Sectlon 5 belng an Eagle County brass cap properly narked and set; thence N 89 41r 12x E along the north line of said Southeast L/4 of the Southwest L/4 of Section 5 a distance of 1331.0? feet to the Point of Beginning. Said real property containing 39.55 acres, Doreor less. The applications and lnformatlon about the proposals are available for public inspectlon ln the connunlty Developnent Department office. Town of Vall Coununity Developnent llepartnent Published Ln the vail Trail on Aprll 27, 1990. 9.6 d =F-=E -lai =7e\gBi =l//-\ \ = 6 D -.44t'/ ,/' I- Jcl -l lvr Y I =qro t- -lr I Ii{ o V-J=\ / e -..-_-_--.>- CLo sot 3o = 5FZ FTH<tr<zt< Ln .*.'-..1 EorA i o lnttn 75 roulh frcnfrgc rcad urll, colorldo 81657 (303) {7}438 €qD 4&213e office of conrmunlty dev€lopment I.!EI.!ORANDttl,l interested ln the l.larriott Addition Conmunity Developrnent Department, Kristan Planning and Environmental Commission TO: FROM: DATE: RE: A1I parties Town of VailPritz. ltay 7, 1990 May 14, 1990 neeting. Please be advised that the Marriott project will not be heard atthe May 14, 1990 Planning and Environmental Connission neeting. The iten has been tabled tentatively until the June 11, 1990meeting. Please call our office to confirrn the final date afterJune sth. If you have any questions please feel free to caII 479-2L38. c3 - 9.; ili.F o8rPsqi gFg =3€5,taqe eo o o! 3o3 ?- :.1t .)1 ,J v ?5 rout| ltottb0E rold rd, colondo E1&ri7 (300) 47$?138 (300) f7$2139 ofice ol conrmurw dcildopm€nt UEI'{ORANDltl,t interested in the lilarriott Addition Conmunity Developnent Departnent, Kristan Planning and Environnental Connission TO: FROM: DATE: RE: AII parties Town of VaiIPritz. Iitay 7, 1990 Uay 14, 1990 neeting. Please be advised that the Marriott project will not be heard atthe May 1.4, 1990 Planning and Environmental Connission neetJ-ng. The iten has been tabled tentatively until the June 11, 1990neeting. Please call our office to confirm the final date after June sth. If you have any guestions please feel free to call 479-2L38. -t- =r7>.r =|i /r1\qry lal--..o9 3+ 3g 3Eoro$;oo v o 6'o o oo 3 3c5 o.o g oIt 3of o:E cJoH ol- H rrrEF 2 F8H3- tdZD E;Eo= 39EF F.B P*n Y(nOutc!JEo ti;ts A ll I l 1 It -v 75 louth Ironbg€ rced u.ll, cdo?.do E1657 (38) {?$X38 (3ql)rc2139 offrce of comnunlty deve|opmcnt TO: FROM: DATE: RE3 UEUORANDIJI.I All parties interested in the Marriott Addition Town of Vail Coumunity Developnent Department, KristanPritz May 7, 1990 ilay 14, L99O Planning and Environmental Conmissionneeting. Please be advised that the Marriott project will not be heard atthe May L4, 1990 Planning and Environurental Coqmission meeting. The iten has been tabled tentatively until the June 11, 1990meeting. Please call our office to confirm the final date after June Sth. if you have any guestions p).ease feel free to calL 4?9-2138. I G3 - g6 dA.F o8ltsi:gli i33 =groi.t a€tgo q. o! 3ot t- (/tNFJ,PPzFn,ilPF], l<otI'BH92>zroONitCl..r r'J FOHH..lO< !E td F:l (n I l1ll'ti i 1 ii J i' i\!t \ t I *II (- Dtr 1E 'Et? 7ats6 Lfl^l UCEE EUrrE rr4z vFtrl co. APPIJICATION FORM FOR SPECIA.IJ DEVELOPMENT DISTRICT DEVELOPMENT PLAN This procedure is required, for any project thet r,qould,the Special Developmjnt Disi,ricl"'proced.ure.Yv through is submitted. O P'?/z Applicati "" tz /z-L / eqDate of t. The appflcation wil' not be accepted until arr informationA. NAME oF ApFLrcAr{r fll4eetolT ADDRESS ee t-/+fd psanB-ot3-6fj€_-nlQ_ttoTto+ ge..l B. NAUE OF eppr,rcanfls nepnssnNTATrVE //auz tJ*t,,r+Z ,l*ADDress ro*ffi_1ff;:|rry_ AUTHORIZATT './go SIGNA?URE ADDRESS ,#;**n 711{_YVY PROPOSA.I, 7ts urgr hoNStf*o haaua u/,+tc ce Olesz LEGAI DEscRrprroNSft<J-+L prt. orwtcf # Z_ A List of the name of o!fli1ers of a1,1. praperty adJacent to theSubject property and their rniling a.cldresses. II. Four (4) copies of the following informationrA. Detailed written/grap-hic description of proposal-.8. An environmenral j.rapact r;'po;! ;l5ii5J^iubrairted roadninistrator in aciordanci with cir*pt"r-i8.56 hereofby Section 1.8.56.030, exempt pro3ecti; - ' c- An open space and recreational .F,rur sufficient to meet the d,emandsgenerated uv tJrg. deveropment wiihout-J"ar"-i,ria.r, on availableor proposed public facilities; ID,I-,OCATION OF ADDRESS rEE $I00.00E. F r.! ?-l,r r4r. the zoningunless waived (OVFR ) o. PETER IAMAR ASSOCIATES, INC. PLANNING. DEVELOPMENT ANALYSIS. RESEARCH December 13, 1989 A. Peter Patten, Jr. Director of Conmunlty Development Towo of Vail 75 S. Frontage Road Vail, CO 81657 Dear Peter: The purpoee of thls letter is to confirn regardlng the llarriott propoeal until the our request to table the norksession January 8 PEC neetlng. Peter Jamar, PJ:ne Suite 308, Vail National Bank Buildang 108 South Frontage Road West . Vail, Colorado 81657 . (303) 476-7154 Sincerely, I -'3. J4. PUBLIC NOTICE NOTT.E rs HEREB' crv'N tbat the pranning and Envlronmentar cornrnisslon of the Town of vair wirl hold a pubric hearing in accordance with section 18.65.060 0f the municipal code of the Town of Vail 0n January 8, 1990 at 3:oo plt in the Town of Vair Munlcipar Buildlng. Consideration of: 1. A request for a rezoning from Residential cluster to Hlgh oensity Multipre Farnily with a special Deveropnent District for parcel D, Stevens Subdivlsion. Appllcant: Faessler Rea1ty 2. A reguest for an arnendment to special Deveropment District No. 4. Cascade Village to amend Area D. Appricant: vair- ventures, Ltd., Gr'en Lyon office Buirding, Colorado Partnershlp. A request for a najor amendment to the Doubretree Hoter., speci-ar Deveropment District No. L4, 25o south Frontage Road, to change uses: reduce the number of accornnodation units and to add a spa facillty. Applicant: Jerry Kratzoff A work session on a request for an amendment to Special Developnent District 19, carden of the Gods, 3GS Gore Creek Drive, Lot K, Block 5A, Vail Vlttage Sth Filing. Applicant: .Mrs. A. c. HlIl A work session on a reguest to arnend Speclal Developnent District 7, Marriott Mark, 714 West Lionshead Circle, Lct 2, Block 2, Vail Lionshead 3rd Filing. Applicant: Marriott Mark <'- 5. -.ra | ..' 6. A work session on a request for a ninor subdivision for lot 4 and 5, Block 2, Bighorn 1st AddLtlon.Applicant: sable-Lupine Partners, LTD 7. A regueEt for'.a conditional use pernit in order to construct an addition tor the VaiI Vlltage parking structure located on Block 5D, Vail Village FirEt Filing.applicant: ToIiln of VaiI . The application and infornation about the proposala are available for public lnspection in the Connunity Developmentoffice. Town of Vail Conmunity Developnent Departrnent Pnbtished in the vail Trail on Decenber 22, 1989 oo .;{a,DtrFHRTMtrNT @Ftr@MMUNITV DEVtrL@FMENT XXXXXXX sALEs AcTroN FoRM XXXXXXX 01 0000 41330 COM. DEV. APPUCAT]ON FE:S 1 0000 41540 ZONING AND ADDRESS MAPS 1 0000 42415 1988 UNIFORII BUILDING CODE 1 0000 42415 1988 UN|FORI,I PLUI,IBING CODE | 0000 42415 1988 UNIFORI/ MECHANICAL CODE 01 0000 42415 1988 UNIFOR}I RRE CODE I 0000 4211s 1987 NATIONAL EISCTRICAL CODE I 0000 42415 OTHER CODE BOOKS I 0000 41548 PRTNTS (M.rI-ARS) 01,0000 42412 XERoX CoptES ,/ SruOteS 1 0000 42371 ENALTY FEi,s / RE-rNSpeCIoN OFF HOURS INSPECIION FE CONTRACTORS UCENSES FEES | 0000 41330 0l 00oo 41413 .srcn nprrrcATION o o I. PetitifDate PETITION FORM FOR A}IENDMENT TO THE ZONING ORDINA}ICE ,oR REQI'EST FORA CSANGE IN DISTRICT BOT'NDARTES This procedure is_required for any anendment to the zoning ordinanceor for a reguest for a district b-oundary change A. NAME OIr PETITIONER See aErached ADDRESS 715 l{est tionshead Circle, Vail, CO 81657 PHONE 476-4444 B. NAITIE OF PETITIONERIS REPRESENTATIVE ADDRESS PHONE 476-0092 c.NAME 0F 0WNER (print or ty SIGNATURE ADDRESS 715 West Lionshead Circle, Vai1, CO 81657 pHONE 476-4444 LOCATION OF PROPOSAI ADDRESS 715 west Li D. F. LEGAL DESCRIPTION_1ot block filinqffiFEE $IOO. OO PAID A list of the names of owners of arl property adjacent to thesubject property, and their nailing addressei. \ ., .oiy Aq\er:,\r v L\p ttrN r)dI ..a.'. arlEg? "*., COPY 108 S. Frontage Road West. /1307 715 !,IesE Lionshead Circle, Vai1, CO 81657 AVATLAELE : (0vER) ' petition form for Amen.Qo zorrirrg ord or Request ftchange II. Four (4) copies of the following information: IV.Your proposal will be reviewed for compliance with Vail's Comprehensive plan. A' The petition shall include a sunuurry of the proposed revisionof the regurations, or a-complete dEscriptioi oi *r" pi"p"".achanges in district boundariis and "-rp-inaicaiinj-tfie-lxistingand- proposed district bound,aries_. Applicint m.rst subnit written and/orgraphic naterials stating the reasons for i.iqueit. III. Time Requirements The Planning and EnvLronmental Commission meets on the 2nd and 4thMondays of each month. A petition wittr the necessary accompanyi.ngmaterial must be submitted four weeks prtor to the date of the meet-ing. Following the Planning and enviro;;eniar corunission-neeting,alr amendments to the zonini ordinance or district boundary changemust go to the Town Council for final action. ) 2. 3. OWNERSHIP AND PETITIONER 1. Uark Iodge condonl.nium Association Kaiser Uorcus - President llark Resort and Tennis Club Condominium AssociationKaiser Dlorcus - President t{-K Corporation, a Colorado Corporation Kaiser uorcus - President ^Tffu