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Design Review Board
ACTION FORl,l
Depadment of Community Development
75 south Frontage Road, Vail, Cololado 81657
tel: 970.2179,2139 fax: 970.479.2452
web: rvww.vallgov.com
Project Name: ARTINIAN ROOFTOP DECORATION
Project Description:
Pafticipants:
OWNER ARTINI,AN. RON
5 BRISTOL DR
MANHASSET
NY 11030
Project Address:
MARK LODGE UNIT 4D
legal Description:
Parcel l{umber:
Comments:
DRB Number: DR8070400
RNAL APPROVAL FOR AMINOR ALTEMTION FOR A ROOFTOP TERMCE
DECOMTION/I.ANDSCAPE
08lr3l2oo7
APPLICANT K.H. WEBB ARCHIECTS PC 081L312007 Phone: 970-477-29u
710 WEST UONSHEAD CtR, UNIT A
VAIL
co 81657
License: C000001627
ARCHITECT K.H. WEBBARCHITECTS PC 08lL3l2W7 Phonet 970-477-2990
710 WEST LIONSHEAD CIR, UNIT A
VAIL
co 81657
License: C0fiD01627
714 LIONSHEAD PL VAIL
Lot: Block: Subdivision: MARK LODGE
2L0t-072-0s0L-7
Location:
BOARD/STAFF ACTION
Motion By: DuBois
Second By: Gillett
Vote: 5-0-0
CondiUons:
Action: APPROVED
Date of Approval: 091L912007
Cond: B
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building, Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not bemme valid for 20 days following the date of approval'
Cond: 202
1t
Appro\ral of this proJed $all lapse rnd bome voil me (1) year followlng the date
of final approval, unlcss a buiHing pennlt ls lsercd and qrsfiucdon is @rnmenaed
and is dlligen0y pursued bward comdefron
CoM: CON00$385
Thls appmal does not Indude ttre pannarcndy affixed adfidd tsees as indicated
on pfans daEd A.rgt&,7,m0l/7.
Plann€r: Scot Hunn DRB Fec Peld: $250.00
3. Artinian Residence DRB07-0400 / 15 minutes Scot
Final review of a minor alteration (rooftop tenace, landscaping)
714 West Lionshead Place (Vail Mountain Marriott)/Lot 7, Vail Lionshead Filing 3
Applicant: Ron Artinian, represented by K.H. Webb Architects PC
ACTION: Approved with condition(s)
MOTION: DuBois SEGOND: Gilleft VOTE:5-0-0
GONDTTTON(S):L This approval does not include the permanently affixed artificial trees as indicated on plans
dated August7,2007.
4. Bell Tower Partners Ltd. DRB07-0453 | 15 minutes Scot
Final review of an addition (3'd floor gable and shed roofs)
201 Gore Creek Drive/part of Lot A, Block 58, Vail Village Filing 1
Applicant: BellTower Partners Ltd., represented by VAg Architects
ACTION: Approved with condition(s)
MOTION: Dunning SECOND: Gillett VOTE:5-0-0
coNDrTroN(s):
1. The applicant shall use a composite roof material that has been previously approved by
the Town of Vail DRB.
5. Lionshead Jewelers DRB07-0467 / 10 minutes Scot
Final review of a minor alteration (change to storefront)
555 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1
Applicant: Bob Lazier, represented by Amad Akkad
ACTION: Tabled to October 3,2007
MOTION: Dantas SECOND: Gillett VOTE:5-0-0
6. Creekside Condo Association (Laughing Monkey) DRB07-0488 / 10 minutes Scot
Final review of a minor exterior alteration (repaint)
223 East Gore Creek Drive/Lot A, Block 58, VailVillage Filing 1
Applicant: Chuck RosenquisUPeter Switzer, represented by Laughing Monkey, Ghigui Hoffmann
ACTION: Approved
MOTION: Dunning SECOND: Gillette VOTE: 5-0-0
7. Littman/Stephenson Residence DRB07-0487 / 15 minutes Rachel
Final review of a change to approved plans (facade materials changes)
1448 VailValley Drive/Lot 18, Block 3, VailValley Filing 1
Applicant: Andrew Littman and Robert Stephenson, represented by Snowdon Hopkins Architects, PC
ACTION: Tabled to October 3, 2007
MOTION: Dantas SECOND: Dunning VOTE:5-0-0
8. Montauk DRB07-0414 / 1 minute Bill
Final review of a sign
549 East Lionshead Circle/Lot 3, Block 1, Vail Lionshead Filing 1
Applicant: Tom Ludwig
AGTION: Table to October 3,20OT
MOTION: Dantas SECOND: Gillette VOTE:5-0-0
Page2
Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
teli 97O.479.2L28 faxi 97 0.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application' Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department' The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission'
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval,
Description of the Request:
xo,
3
O
G,acLocation ofthe Proposal: Lot:
Physical Address:
parcel No.r AC\Ol Zf6Ot-l (contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zoning:
Name(s) of Owner(s):
Mailing Address:
Owner(s) Signature(s
Name of Applicant:
E-mail Address:
$50 Plus $1.00 per square foot of total sign area'
No Fee
$650 For construction of a new building or demo/rebuild.
$300 For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
Type of Review and Fee:
E Signs
E Conceptual Review
tr New Construction
! Addition
Ef Minor Alteration
(multi-family/commercial)
n Minor Alteration
(si n glefamily/du plex)
! Changes to Approved Plans
! Separation Request
v6329
o'u.rr'ro.,Z JSJ ey,Fg;ffi"oll.3$,r'
*m MINOR EXTERIOR ALTERATIONS
TO BUILDINGS AND SITE IMPROVEMENTS
SUBMIfiAL REQUIREMENTS
General Information:
This application is required for proposals involving minor exterior alterations and/or site improvements.
Proposals to add landscaping do not require DRB approval unless they involve the addition of patios,
water features, grading, or the addition of retaining walls.
I. SUBMITTAL REOUIREMENTSXX
acffi
s-+ite€nd€tldinEfldr$
o/ Landscape Plan*
@g_ s-rerinr cele r arC material sanples ald reeifieatbns.o Arehibedudfloo#ta'r#
E Phetcref the existing site anffidmentstrueturc whe" anPlir:bl,a
c/ Written approval from a condominium association, landlord, and joint owner, if applicable
+.\*A-B The Administrator and/or DRB may require the submission of additional plans, drawings,
specifications, samples and other materials (including a model) if deemed necessary to
determine whether a project will comply with Design Guidelines or if the intent of the
proposal is not clearly indicated.
?/earc .ralmil /iree (3) capret orffue maler/alr noled wilh an ailerb* (/,
**For interior conversions with no exterior chanoes, the submittal requirements include a complete set of
existing and proposed floor plans, a title report, and written approval from a condominium association,
landlord, and joint owner, if applicable.
I have read and understand the above listed submittal requirements:
Project Name:
Contractor Signature
Date siened S-l6.dl
F:\cdev\FORMS\Permits\Planning\DRB\drb_minor_a lt_1 -25-2007.doc Page 3 of 13 L7/231200s
- Ivlessage
Kyle Webb
Fromr MHRS, Vail Mountain Resort GM (F) [mhrs.whrco.gm@marriott.com]
Sent: Friday, May 11 ,2OO7 1 1 :54 AM
To: Kyle Webb
Subject Artinian Roof Prcject
Kyle, this is to confirm that the Mark Lodge condominium board of directors approved the subject project. lf there
are any questions, please feel free to have anyone contact me.
Dave Pease
General Manager
Vail Marriott Mountain Resort & Spa
DL (970) 479-6960
Fax (970) 4796967
dave.pease@marriott.com
Page I of I
811312007
EAGIE
TEAK JP^e.
RE-c: S
.t/1 rn n"1c.c,g2u\-,/\J !r f r
SIMONTON10 09:13:08AM 06/I5/2007
$51.00 DOC: $
EASEMENT DEED AIYD AGREEMENT
THIS EASEMENT DEED AND AGREEMENT (the "Agreemenf) is made mi, --4day of SLrrtl€ . 2007,by and between Xoa drrinisn, whose address is 5 Bristol Drive,
lntanhasset, lUy ttOS0 ("Owner") and The Mark-Lodge Condomlnium Association, Inc., a
Colorado nonprofit corporation, whose address is 715 West Lionshead Circle, Vail, Colorado
8 I 657 (the "Association')
R E C ITALS:
A Owner is the owner of that certain parcel of real property located in Eagle County,
Colorado, more particulady described as:
Condominium U-nit 5D, The Marl/Lodge (the "Condominium Project')' in
accordance with the Amended Declaration of Condominium for The Markrlndge
recorded October 17,1978 in Book 276 atPage 606 and Marchz2,1979 in Book
283 at Page 344 (the "Declarafion") and the Condominium Map for The
Mark ndge Recorded Mer;ch 27, 1974 in Book 233 at Page 930 and the
Amended Plat of the site Ptan for the Mark/Lodge recorded october 17,lng ia
Book276 atPage607, Countyof Eagle, Stateof Colorado'
(the "Owner Propedt').
B. The Association is a condominium unit owners' association forrred pursuant to
the Declaration to manage the Condominium Project, and the corunon elements thereof, located
on ttrat certain parcel ofreal property located in the Town ofVail, County of Eagle, State of
Colorado, described on Exhibit A of the Declaration (said corrmon elements, as desctibed in the
Declaration, are hereinafter referred to as the "Association Properly').
C. The Association, tbrough its board of directors, believes that in the future it may
need to replace a portion of the roof of the "Buitdingl' (as defined in the Declaration) lying to ihe
north and west of the elwator shaft (the 'Roof). The Roof is a portion of the Association
Property.
D. Owner has requested an easem€nt over the Roof for the purposes of constructing
and having use ofa rooftop terrace.
E. The Association is willing to grant such an easement to Owner on the terms and
conditions set forth in this Agreement.
NOW THEREFORE, for consideration described below, the receipt and sufficiency of
which are hereby acknowledged, the Association does hereby grant and convey to Ovrner an
effiemflrt across tho Roof on the terms and conditions set forth herein:
Artiniat/Rooftatden/easenorl ageenanl (gwp rdllrc 03 2 72007)
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1. Grant of Easement. The Association hereby grants and conveys tq Owngr al
exclusive "asem*t
opon, ou* uod across tle Roof as depicted on the Plans (hereinafter defined)
(the "Ease,menf), foi constuction and use by Ovmer, his successors and assigns (including but
not limited to, iubsequent owne6 of the Owner Property), and Owner's agents, employees,
t€,nants, ggests and invitees, of a rooftop terrdce, zubject to the terrns, conditions and provisions
hereinafter set forth.
2. Tenn. The dr.uation of the Easeme,nt shall be for an initial tenn of thidy (30)
years from *a "no the date of recording of this Agreement in the office of the Clerk and
iLecorder ofEagle County, Colorado. Theriafter, the term shall continue in perpetuity' but tl4l
terminate at suJh time as ihe board of directors of the Association determines, in its reasonable
disctetion, that the Roofl as replacecl by Owner pursuant to Section 4 below, needs to be
replaced, or substantiallyi"oouui"d, by the Associatioq provided, however, that in the event of
r*n a"ier-ioation by the Assosiation, Owner shall have the right, to be exercised in writing
witlitr thify (30) days after notice from the Association of its detennination, to extend the temt
ofthe Easernent'for an additional thify 30 y€ars so long as Owner agrees to replaco or renoyatg
at the Owns's sole cost the Roof in substantially the same fashion as the Association had
determined to do.
3. Use. The Roof prusuant to the Easement shall be used as a rooftop teiraoe only'
including, but not limitetl to, a water featwe, a putting area; heated patios,,shaded dining areas'
barbequ{unenclosed storage areas and artificiallandscaping (collectively, the *Lnproveinents'),
as afrctetl on the site plan therefor attached hereto as Einibit A and incorporated herein by this
referince (the '?lan'). The Roof is separate and distinct from the Lnprovements; and as used
herein the term "Lnprovements" shall not include ftsss imFrovements comprising the Roof'
Owner slrall have tne rignt in the future to alter the location, size and arrangerneirt of the features
d€ptst€d on the Plan without the approval of the Association if zuch alterations are not
zuLstantially inconsisteirt with the Plan.-Notwithstanding the.provisions of this Section 3, Owner
shall not be entitled to use the Roof in a rllanner that has been determined by a corut of
competent jurisdistion to illegally obstruct the view from any occupants of any ngielb9{g pal
Fop'erty (provided that Ovder,-at Owner's sole bxpense, hereby agrees to defend (md does
'tfefinAj aigwner's sole cost any claims or suits against the Association by such neighboring
o""up"otr, if Owner fails to defend such claims or suits, then Owner must stop using the Roof in
the manns alleged to illegally obstmct the view from any neighboring real property) or
materially and adversely affects the sfructural integ[ty of the Association Property. ,In_no event
shalt the Roof be used-for ary purpos€ or in any rnanner that violates any applicable laws, nor
shalt any hazardous materialJ be used on the Roof pursuant to the Easement except in
compliance with applicable law
4. Consideration. Owner, at its sole cost, agrees to contrct for the renovation and
repair of the R"of to b" *-pleted in connection with and prior to Owner's construction of the
Improvements (the "Conshuction'). The Construotion strall be completed in accordance with the
plan and in accordance with the description of the Roof attached hereto as Exhibi!,B and
incorporated herein by this reference. Owner shall keep the Roof free ftom any liens ariglttSgut
of any work perforrned, materials fumished or obligations incuned by or on its behalf. The
newly constucted Roof shall have a warranty on the tenns and conditions as described on
Arthtan/Roofiudenleqsemert agree,ncnt (flnvl Oi 2 92007)
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Exhibit C attached hereto and inoorporated herein by this reference (the "Waranty'), which
W"r*ty snAl ingre to the benefit of the Association. Owner shall have no liabitty whatsoever
with respect to the performance by the graotor of the Wananty of its obligations thereunder- The
Association sha[ b; entitled to monitoi the Consfuction of the Roof as it shall deteflnine' and
Owner e,ncoqrages the Association to do so. rilhen Construction of the Roof is complete, Owner
shall notiff the Association in order to permit the Association to inspect the Construction of the
Roof prioi to installation of the lrnprovements, which notice shall be followed up with a second
notice- 5 days later. If the Association shall not respond to Owner within I 0 days after delivery of
the second such notice, theAssosiation sball be dee,rred to have accepted the Construction of the
Roof.
5. Exclusive to Owner. The Association acknowledges that the Town of Vail Fire
Code prohibits t]t" *" "f th" R""f by aryone other than Association or its ageirts and eurployees
(in connection with its maintenance-and iepair of the Roof and otherAssociation Property) and
dwner and Owner's agents, employees, tenants, guests and invitees because there is only one
public exit from the Roof. The Association fi5ther acknowledges that Owner's Property
provides a second exit from the Roofforuse (other than in tho event ofan emergency) by only
bwner's agents, einployees, tenants, gUeSts and invitees. HoWwer, Owner agfees thaf the
Association s|all continue to have ttt" tignt to access the Roof, over and across the
Improvernelrts, for all purposes reasonably aecessary for maintenance, repair, upkeep and
repiacement oi tlre Roof and other Association Property, as well as for access to elevafor and
mechanical equipment of the Association located on portions of the Roof outside the Easernent
as depicted on the Plans.
6. Maintenano€. Upkeep and Utilities. Owner, at its sole cost shall bo solely
responsible f* -aintenatt..e, rrp"ir upkeep antl replacement of the Improveruents and shall pay
all cosx3 and expenses associated therewith. Owner, at its sole cost, shall procure and maintain
such insurance with respect to the Easernelrt and the Improvements as Owner shall reasonably
deterrrine to protect Owner's interests, which insurance shall name the Association and the
owner and opeiator of the adjacent hotel as additional insureds. All of the Inprovements shall be
re,nrovable so as to facilitate access, maintenance and repair of the Roof and any other
Association Property by the Association both on a routine basis and in the event of casualty loss.
The Association shall be solely responsible for maintenancg repair upkeep and replacemrcnt of
tho Roof after completion of the Construction, and, subject to the terms her-eof' shall pay all costs
and orpenses associated therewith. Upon reasonable advance notice from the Association,
Owner shall remove at Owner's expense such portion of the Iorprovements as €lre nec€ssily to
pernrit the Association to complete its obligations hereunder from time to time or to pefinit
ieconsfiuction of the Roof after casualty. If Owner shall fail to do so, Owner shall pay to the
Association atl of the Assosiation's reasonable out-of-pocket costs incurred in coonection with
work to remove ihe Improvernents as described above. The Association shall be liable for any
damage to the Improvements caused by the act or omission of the Association or the
Assoclation's assigns, agents, employees or contactors in connection with such maintenance,
repair upkeep or replacernent of the i{oof, and shall ind6mify and hold Ovner harmless from
*a ug:ui*t any all iossesn claims, suits, rights or causes of actioq damage, liability and expense
associated therewith.
Arttatar/RoolGsxlet/uenatt agenent (ftu103292007)
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j. Indemnification. Owner, his successors and assigns, shall indemniff and hold
hannless *re essociation, the owner and operator of the adjacent hotel, and their respective
successots and assigns from and against all losses, claims, suits, rights or causes of action'
darnage, liability and expeosg inoluding, without limitation mechanics liens, arising from any
breach f this Agreement or negligent acts or intentional acts or omissions of Owno, or Owner's
agents, employeis, tenants, guests and invitees, in connection with the Constnrction, Owner's
uie ofthe noo{, *A any -uinteoaoce, repair upkeep or replacement of the Improvern€nts. The
provisions of this Section 7 shall survive tho tersrination of this Agree'ment indefinitely and any
bwner shall remain liable hereunder for any obligations created pursuant to this Section 7 until
they are satisfied, regardless of the Qwner's tansfer of the Owner Property.
8. Subsequent Owners. The Easement granted herein is appurtenant to the Owner
property and ttre rights, benefits and brudens arising hereunder shall run with the Owner
proirerty, shall be bi"di"g upon and inure to the benefit of the owner thereof and his heirs,
assigns, successors and perionat representatives. The rights, benefits and burdens mising
hereunaer may be tansfened, assign-ed or conveyed with the Owner Property, but in no event
shalt asy interest in the Easemeni or Roof or any of the rigfuts, beirefits or burdens arising
hereunder be conveyed or assigrred sepaxat€ or aparf from the Owner Property. Upon the transfer
of the Owner prodq, by Owner or by any future owner of the Owner Propedy, the liabilitf fo1
perfonnance und& this agpe,melrt from and after the date of transfer shall be the obligation of
ruid n*rforu and any pior oroor shall be relieved of any liability in conjunction *i9 -t"
futrne rm<lertakings Ceicrma herein. No successor owner of the Owner Property shall be liable
for any losses, clims, suits, rights or causes of action, damage, liability and expense, including
witlrcut limitation mechanics liens, arising from the acts or omissions of any prior Owner.
g. Assoqiation Approval Execution of this Agreement, the grant of the rigbts to
Owner describea no"io, and p-erformance of tl.e riglts and obligations by the Association have
been approved by the board bf directo.s of the Assosiation by an unanimous written consent
dated as of May 1,2007,
10. Enforceme,nf Attomeys' Fees. kr the event that any puty benefited by this
Agreement is requirea to commenc€ any action or proceeding against the other in order to
enforce the proviJions hereo{, the prevailing party in any zuch action shall recover, in addition to
any monetary damagos or injunctive or othu equitable relief otherwise awarded, all reasonable
costs incuned in connection therewith, including attorneys' fees and all court costsr which shall
be awarded by the court as an element of damages at hial.
11. Modifioation: Termination. This Agreement may not be modified, terminated or
otherrvise aneneeawitnoot *te writt* @nsent of theAssociation and Owner (or tleir reqpective
succ€ssofir or assigns).
Afi intan/Roofrardei/essenal agreet atl (fual 03 292007)
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12. Colorado Law. This Agreement shall be govemed by and construed in
accordance with Colorado law. Ttre parties (on behalf of themselves and their respective
successors and assigns) hereto hereby consent to the jurisdiction and venuo of all state and
federal courts located in the State of Colorado with respect to all disputes and other matters
arising under or in connection with this Agreoment and waive any objection they migbt
otherwise have to suoh jurisdiction and ve,lrue.
13. Countery)arts. This Agreement may be executed io a number of identioal
couterparts. n so exe utA, each of zuch counterparts is to bo deemed an original for all
purposes and all zuch count€rparts shall collectively constihrte one Agreemqrt.
IN WTINESS WHEREOR Oumer and the Assosiation have caused this Ease'ment Deed
and Agreernent to be executed as ofthe day and year above set forth.
ASSOCIAIION:
The Mark-Indge Conclominium Association, Inc.,
a Colorado nonprofit corporation
n
s
John L. Williams President
OWNER:
RonArtinian
srArEoF l.,Ufl/LANI\
corNTyoF Mofnsorrr€V
The foregoing Easement Deed and Agreement was acknowledged before me on this 7th
day of June, 2b07 by Jobn L. Williams as President of The Mart-Lodge Condominiuut
Association, Inc, a Colorado nonprofit corporation.
WIT],{ESS MY HAND AND OFFICIAL SEAL.
MyCommission expires:
IrthwRoofi'adenleasemm agl.enent (frtul 03292007)' -)-
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12, Colorado Law. This Agreement shall be govemed by and construed in
accordance with Colorado law. The parties (on behalf of themselves and their respective
successors and assigns) hereto hereby consont to the jurisdiction and venue of all state and
federal courts located in the State of Colorado with respect to all disputes and other matters
arising under or in connection wittt this Agreement and waive any objection they might
othenvise have to suoh jurisdiotion and venue.
13. Counterparts. This Agreement may be exeouted in a number of identical
counterparts, If so executed, each of such counterparts is to be deemed an original for all
purposes and all such counterparts shall oollectively conStitute one Agreement'
IN WITNESS WHEREOF, Owner and the Association have caused this Easement Deed
and Agreement to be executed as of the day and year above set forth.
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ASSOCIATION:
The Mark-Lodge Condominium Association, Inc.,
a Colorado nonproftt corporation
. President
STATE OF
COUNTYOF
Notary Public
The foregoing Easement Deed and Agreement was acknowledged before me on this
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day of
Vartcloage Condominium Associatio& Inc., a Colorado nonprofit corporation,
MTNESS MYHANDAND OFFICTAL SEAL.
My Commission expires:
OWNER:
By:
Arthtan/RoolGardery'easem. agnemer Anal 03292007)
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The foregging Easement Deed and Agreement was acknowledged before me on this
dayof JQne,200TbYRonArtinian.
WITNESS MYHANDAND OFFICIAL SEAL.
My Commission expires: d I M1
A hiqn&ool9ude .qt.men! ageam.nt tinal 0j292007)
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ROOFING AMERICA FOR OVER 40 YEARS-
e O. Box 7000, C.rfbh, PA 17013 | (l1ll 2a5:l00oi Fax (117) 245.7053 r w$,w.!.rll5lo.5ynl3c.com
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CARLISLE GOLDEN SEALTM TOTAL ROOFING SYSTEM WARRANW
Carllsle Rgoflng Systetns, lnc., wanants to the Building Owner (OWNER) of the building, that;
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subjectb the lerms, condnions and limltathns stated in this waranty, Carlisle will reF
Seal'r Total Roofing System {cARLlsLE ToTAL ROoFING SYSIEM} hstalled
appficalorfor a perbd ot l0 years commencing with the dale of Carlisles accgpt.
System hstallation. Horever, in no/event shall Carlisle's obl[ations qllend be]o_nd
date ot substantial completlon of the Carlisle Total Roofing Syslem. @below for
The Carllsle Total Rooling Syslem b defined as the
Counterflashhgs, Adheslves and Sealanls, Insulatbn,
Metal Edging, Mdal Termhatlon Bars, and enyother
TERMS,
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GAFLEILE ooEs xol WARRA'II PRoDI,CTS UTILIZED THIS I'ISTALLATION WHICH IT HAS IIOT FURIIISHED: ATD SPECIFICALY DISCLAIMS
t uoluw, ultDER rly rltEoRy oF LAw, ARtsno our oF rltE tlrsrAt-LAnor{ A}tD pEnFoRlt ]tcE oF, oR DAI AGES sust INED BY oR cAusED 8Y.
PRODUCTS OT FURXISHED 8Y CARLELE
THE RE'IEOIES STATEO HEREN ARE IT{E SOLE AND EXCLUSIVE REHEDIES FOR FALURE OF THE CARLISLE TOTA ROOFING SYSTEII OR ITS
COIIFONEIIIA I{EREARE I{OI,YARR|}IIGIS E IHEF EXPRESSEO OR IUPLIEO. INCLUDIrIG THE ItIPLIED YYARMIITIES OF FIIIIESS FOR A PARTICUIjR
puRposE ANo ERGM tAauTy, wHtcll EXTEND BEyOt{O THE FACE HEREOF, CARUSLE SHALL tlOT BE Llagl€ FOR ArlY lllClDEXr&
cottsEoijEl{IlAloRolHEnoa GEs tNcLUorNo, auT roT Lt[mD 10, Loss oF PRoFrTs OR OAII|AGE lO T]lE BUIIDIXO OR ITS COtl.rE lSUNDER
AI|Y THEORY OF LAW.
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**************,i***ttf,t++*******tf*'t'|****'*****'t'i'if**********f********************************
TOWN OF VAIL, COLORADO Stat€ment****+++'|l'l*******lf*'l**********++tt*t**************tt***********************t*t,t*********it**
Statement Nunber: R07000150? Amormt: $250.00 Oe/13/2OO7O3:55 PM
Palment Method: Check Init: ,JS
Notation: 2555/K.H. WEBB
ARCH
Permit No: DR8070400 Type: DRB-Minor A]-t, comm/Multi
Parcel No: 2707-072-05OL-7
SiTe AddreEs: ?14 IJIONSHEAD PI, VATL
IJocaIion: }!ARK I,ODGE T,NTT 4D
Total Fees: 5250.00
This Payment r $250,00 Total ALL, Pmts: S250.00Balance: S0.00
ACCOI.JNT ITEM LIST:
Account Code DeEcriDtion
DR OO1OOOO3LL??OO DESIGN REVIEW FEES
Current Ptnts
2s0.00
l0mt0FIIA[,
Dcpartmmt of Community Deaehpmmt
75 Soutb Frontage Road
Vail, Cotnrado 81657
970-479-2138
FAX 970-479-2452
tuu.aLilgou.corrt
August 28, 2007
Ric Fields
Fieldscape
P.O. Box 1871
Avon, CO 81620
RE:
Ric,
Artinian Residence, Roof Top Tenace Proposal
Staff is in receipt ol the conceptual plans for a roof top lerrace and landscape improvements for the Artinian
Residence within the Vail Marriot building. The following are staffs preliminary review comments
conceming your.recent submittal. These comments do not represent a comprehensive review of the all
issues of Code or development standards compliance, and are presented in order to allow you the
opportunity to address any potential issues of Code compliance and to anticipate discussion topics that may
arise during any review before the DRB:
1) Provide structural analysis and{or information for the building demonstrating that proposed' occupancy loads and dead loads can be accommodated, and recommending specific
improvements to the existing structure that will barequired to suliport the.proposed loads, and/or to
meet all code rdquirements relative construction of such improvements on a roof top surface.
2) Provide an access/egre$s analysis or.evaluation to demonstrate, at a minimum, that the building
meets cunent code requiremenb for egress and that the proposed improvements will not adversely
impact egress and evacuation routes.
3) Provide further information regarding drainage on the roof; how will water associated with proposed
plantings (inigation), as well as the proposed \,vater feature, be drained within the property.
4) Provide turther details rOgarding the types, sizes and watering requirements of pmposed plantings,
. as well as the height of fie proposed pergola structure.
Again, the above comments and/or suggestions are preliminary and are intended for your use in preparing
for future meetngs witr the DRB and are not provirled as technical review c,omments. Please feel free to
contact me at (970]| 477-3551if you have any questions regarding these comments or if you require any
additional information relative to the review of olans submitted.
Regards Cc: File No:DRB07-0400
Scot Hunn
Senior Planner
Town of Vail Community Development Department
a RECYCLED P/PEN
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Overall Site Plan
The Artinian Residence
P. o. Box 1871 Awn Colol,do 816q)
nE oml r8.{qb ld WV4IZThe Vail Marriotf Vail, Eagle County, Colorado
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The Artinian Residence
The Vail Marriott, Vail, Eagle County, Colorado
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The Artinian Residence
P. O.lox 187l Aldr ColohiLo E1620
nrom (/ D32&.m5 F.r (Yt!)IE,l212The Vail Marriott, Vail, Eagle County, Colorado
APPEAL TO PEG DEGISION - ITEM 'CALLED.UP' BY
TOWN COUNCIL
DATE:
SUBJECT:
January 8, 2008 (Council hearing)
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the
Town of Vail Planning and Environmental Commission's approval, with
conditions, of a request for a final review of a conditional use permit,
pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second
Floor and Above, Vail Town Code, to allow for a business office (real
estate office) located at 714 West Lionshead Circle (Vail Marrioft
Mountain Resort and SpaVLot 1, West Day Subdivision, and setting forth
details in regard thereto. (PEC07-0066)
Appellant VailTownCouncilPlanner: Nicole Peterson
I,
VAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., TUESDAY, JANUARY 8, 2008
1.
2.
NOTE:
4. George Ruther
Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
ITEM/TOPIG: Citizen Input. (15 min.)
ITEMITOPIC: Consent Agenda. (5 min.)
A. Approval ot 12.04.07, 12.11.07 & 12.18.07 Town Council
Meeting Minutes.
ITEM/TOPIG: Town Manager's Report. (20 min.)
e Introduction of Mark Miller (Fire Chief).
r Revenue Update.
. $4.3 million Vail Resorts Parking Obligation.
r Update on Emergency Traffic Management.
ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental
Commission's denial of a variance request from Section 12€C-6,
Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances,
to allow for an addition within the west side yard setback, located
at257O Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13,
and setting forth details in regard thereto. (5 min.)
ACTION REQUESTED OF COUNCIL: Table this appeal to the
Town Council's February 5, 2008, public hearing.
BACKGROUND RATIONALE: On November 12, 2007, the
Planning and Environmental Commission denied the appellant's
request for a variance from the setback standards at 2570 Bald
Mountain Road by a vote of 7-0-0. On December 3, 2007, the
appellant filed an appeal of the Planning and Environmental
Commission's decision.
3.
-
5. Nicole Peterson
Pursuant to Sub-section 12-3-3-C-3, Vail Town Code, "...A
hearing shall be schedule to be heard before the Town Council on
the appeal within fofty (40) calendar days of the appeal being
filed. The Town Council may grant a continuance to allow the
parties additional time to obtain information. The continuance
shall be allowed for a period not to exceed an additional thirty (30)
calendar days..." The appellant has requested a continuance for
this appeal.
STAFF RECOMMENDATION: Staff recommends the Town
Council tables this appeal io its February 5, 2008, public hearing.
ITEM/TOPIC: An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental
Commission's approval, with conditions, of a request for a final
review of a conditional use permit, pursuant to Section 12-7H4,
Permitted and Conditional Uses, Second Floor and Above, Vail
Town Code, to allow for a business office (real estate office)
located at 714 West Lionshead Circle (Vail Marriott Mountain
Resort and Spa)/Lot 1, West Day Subdivision, and setting forth
details in regard thereto. (PEC07-0066). (25 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify
the Planning and Environmental Commission's approval, with
conditions, of the conditional use permit application pursuant to
Seclion 12-3-3, Appeals, Vail Town Code.
BACKGROUND RATIONALE: On November 26, 2007 the
Planning and Environmental Commission approved, with
conditions, a request for a final review of a conditional use permit,
pursuant to Section 12-7H4, Permitted and Conditional Uses,
Second Floor and Above, Vail Town Code, to allow for a business
office (real estate office) located at 714 West Lionshead Circle
(Vail Marriott Mountain Resort and Spa), by a vote of 5-0-1 (Viele
recused).
On Decembe | 4, 2OO7, the Vail Town Council "called-up" (i.e.
appealed) the Planning and Environmental Commission's action
by a vote of 5-1-1 (Rogers opposed, Gordon recused), due to a
concern regarding the temporary loss of two accommodalion units
within the LMU-1 Zone District.
STAFF RECOMMENDATION: Staff recommends the Town
Council uphold the Planning and Environmental Commission's
approval, with conditions of the conditional use permit.
ITEM/TOPIC: Second Reading of Ordinance No. 39, Series of
2007, an ordinance amending Section 12-2-2, Definitions, and
Sub-Sections 12-78-2A, Definitions (basement or garden level);
12-78-3A, Definitions (first-floor or street level); 12-7H-2A,
6. George Ruther
Departmmt of Commanity Deuelopment
75 South Frontage Road
Vail, Colnrado 81657
970-479-21i8
FAX 970-479-2452
uluw,uailgw.corn
January 10,2008
Robert Foss
Clement Foss Architects
Via Email: rcfarch@aol.com
Re: PEC 07-0066 - 714 West Lionshead Circle /Lot l. West Dav Subdivision
Dear Mr. Foss,
This letter is to inform you that your request for a conditional use permit, pursuant to Section 12-7H-4, Permitted
and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate
office) located at 714 West Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot l, West Day
Subdivision, was approved by Vail Planning and Environmental Commission (PEC) on November 26,2007
(Vote 5-0-1, Viele recused) with the following conditions:
1. This conditional use permit, for a temporary business office (real estate ffice), shall lapse and become
void 3 years from the date of approval or at the time of the Temporary Certificate of Occupancy
issuance for the Ritz-Carlton; currently under construction at 728 llest Lionshead Circle, whichever
occurs first. Within i0 days from the ceasing date, the applicant shall complete the restoration, of the
two accommodation units (roorus 605 & 607), to their original form.2. The applicant shall obtain a separdte sign permit, from the Community Development Department, for
any and all proposed signs associated with the proposed business ffice (real estate ffice).3. The applicant shall submit the employee generation and mitigation fee, in the amount of $89,184.14,
prior to issuance of a building permit.
The Vail Town Council, at the December 4, 2007 hearing, appealed or 'called up' the conditional use permit
request. The appeal was heard by Vail Town Council on January 8, 2008 and the PEC approval was upheld
(Vote 3-2-1, Newbury and Foley opposed, Gordon recused) with the following additional conditions:
I. The applicant shall submit a fee to compensate the Town for sales tax revenue lost, by the conversion of
2 accommodation units to a real estate office, in the amount of $3,300.00 a year. Based on the PEC
condition to allow the temporary real estate ofJice for a maximum of 3 years, the total fee for 3 years, in
the amount of $9, 900.00, shall be paid prior to issuance of a building permit.
2. To maintain privacy to guests staying in neighboring rooms, the applicant shall submit a plan for a
screening between rooms 603 and 605 at Vail Marriott Mountain Resort and Spa, prior to issuance of a
building permit. The installation of the sueening shall be complete priol to final inspections for
C erti/icate of Occupancy.
Please continue to work with Staff to comply with the conditions of approval. If you have any questions or
concems, please feel free to contact me at 970.477.3452 or npeterson@vailgov.com. Thank you for your time
and consideration.
Best Regards,
$RECYCLED PAPER
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Vail Town Council
Department of Community Development
January 8, 2008
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail
Planning and Environmental Commission's approval, with conditions, of a request for a final
review of a conditional use permit, pursuant to Section 12-7H4, Permitted and Conditional
Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real estate
office) located at 714 West Lionshead Circle (Vail Maniott Mountain Resort and Spa)/Lot 1,
West Day Subdivision, and setting forth details in regard thereto. (PEC07-0066)
Appellant: Vail Town CouncilPlanner: Nicole Peterson
il.
ilt.
SUBJECT PROPERTY
The subject property (Vail Maniott Mountain Resort and Spa) is located at 714 West Lionshead
Circle i Lot 1, West Day Subdivision.
STANDING OF APPELLANT
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council has standing to "call-
up' any action taken by the Planning and Environmental Commission.
REQUIRED ACTION
The Vail Town Council shall uphold, overturn, or modiff the Town of Vail Planning and
Environmental Commission's approval, with conditions, of a request for a final review of a
conditional use permit, pursuant to Section 12-7H4, Permitted and Conditional Uses, Second
Floor and Above, Vail Town Code, to allow for a business office (real estate office) located at 714
West Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and
setting forth details in regard thereto.
Pursuant to Sub-section 12-3-3-C5, Vail Town Code, the Town Council is required to make
findings of fact in accordance with the Vail Town Code:
'The Town Council shall on all appeals make speciftc findings of fact based directly on the
pafticular evidence presented to it. These findings of fact must support conclusions thatthe
standards and conditions r'mposed by the requirements of this title (i.e. Title 12, Zoning
Regulations, Vail Town Code) have or have not been met."
BACKGROUND
On November26,2007 the Planning and Environmental Commission approved, with conditions, a
request for a final review of a conditional use permit, pursuant to Section 12-7H4, Permitted and
Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real
estate office) located at 714 West Lionshead Circle (Vail Maniott Mountain Resort and Spa), by a
vote of 5-0-1 (Viele recused). For a complete description of the conditional use permit application,
tv.
v.
please refer to the attached Staff memorandum to the Planning and Environmental Commission,
dated November26,2007 (AttachmentA). The minutes of the November26,2OO7 Planning and
Environmental Commission meeting are attached for reference (Attachment B).
On December 4,2007, the Vail Town Council "called-up" (i.e. appealed) the Planning and
Environmental Commission's action by a vote of 5-1-1 (Rogers opposed, Gordon recused), due to
a concem regarding the temporary loss of two accommodation units for the proposed real estate
office use. An excerpt, from the Council's December 4, 2OO7, hearing highlights, has been
attached for reference (Attachment C).
According to the applicant, Robert Foss on behalf of Diamond Rock Hospitality Company, the two
accommodation units are cunently, rarely occupied. There are 346 total accommodation units in
the Marriott Hotel. The location, of the two accommodatign units, was chosen because of the
close proximity to the adjacent RiE-Carlton construction site. The Ritz-Carlton units, under
construction, are visible from the balconies of the subject units, rooms 605 and 607. The
proposed real estate office use is temporary. The Planning and Environmental Commission's
approval included the following condition regarding the temporary office use:
This conditiona! use permit, for a temporary busrness offrce (real estate office), shall lapse
and become void 3 years from the date of approval or at the time of the Temporary
Ceftificate of Occupancyissaance forthe Ritz-Carlton; cunently underconstructbn at728
West Lionshead Circte, whichever occurs first. Within 30 days from the ceasing date, the
appticant shalt comptete the restoration of the two accommodation units (rooms605 &607)
to their original form.
In response to the Council's concern of lost sales tax revenue, as a result of this temporary office
use, Staff requested aggregate data regarding annual sales tax collected in Vail. The following
figures are averages based on information collected from 2005-2007 surveys of '17 hotels in Vail.
Aggregate data was used because specific revenue figures are confidential. Therefore, the
toltowing figures are purely estimates of the lost sales tax revenue as a result of the temporary
office use.
o The average nightly hotel rate (AHR) charged in Vail = $235
o The average annual hotel occupancy rate (AHO) in Vail = 48.5olo
. Annual average revenue per room (ARR) in Vail= M1,600 (AHR x 365 dys/yr x AHO)
o Annual average sales tax collected per room (ATR) in Vail = $1.664 (ARR x 4%)
. Annual average sales tax lost by temporary removal of 2 accommodation units in Vail =
S3.328(ATRx2rooms). Total sales tax collected from lodging in 2006 = $5,413,774.00. Annual percentage of
sales tax lost by temporary removal of 2 accommodation units = .06%
Chapter 12-3, Administration and Enforcement (in part)
Section 12-3-3: ApPeals (in Part):
C. Appeal Of Planning And Environmental Commission Decisions And Design Review
Board Decisions:
1. Authoity: The Town Council shall have the authoity to hear and decide appeals from
any decision, determination or interpretation by the Planning and Environmental
Commission or the Design Review Board with respect to the provisions of this Title and
the standards and procedures hereinafrer set forth.
vt.
2. tnitiation: (in part) The Town Council may also call up a decision of the Planning and
Environmental Commission or the Design Review Board by a majority vote of those
Council members present.
5. Findings: The Town Council shall on all appeals make speciftc findings of fact based
directly on the pafticular evidence presented to it. These findings of fact must support
conclusionsthatthe standards and conditions imposed by the requirements of thisTitle
have or have not been met.
STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council upholds the
Planning and Environmental Commission's approval, with conditions, of a requestforafinal review
of a conditional use permit, pursuant to Section 12-7H4, Permitted and Conditional Uses, Second
FloorandAbove,Vail TownCode,toallowforabusinessoffice (real estateoffice) locatedatTl4
West Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and
setting forth details in regard thereto (PEC07-0066).
Should the Vail Town Council choose to uphold the request, the Community Development
Department recommends the following motion:
'The Town Council upholds the Town of Vail Planning and Environmental Commission's
approval, with conditions, of a request for a final review of a conditional use permit,
pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above,
Vail Town Code, to allow for a busr'hess office (real estate office) located at 714 West
Lionshead Circle (Vail Manioft Mountain Resorf and Spa)/Lot 1, West Day Subdivision,
and sefting forth details in regard thereto (PEC07-0066)."
Should the Vail Town Council choose to uphold the request, the Community Development
Department recommends the following findings:
'The Town Council finds:
1. The request was submifted in accordance with Chapter 16, Conditional Use
Permits, Vail Town Code:
2. That the proposed location of the business orTce (real estate office) is in
accordance with the purposes of fhls fltle and the purposes of the Lionshead Mixed
Use 1 (LMU-I) Distict;
3. That the proposed location of the business ofice (real estate office) and the
conditions under which it will be operated or maintained will not be detimental to
the public health, safety, or welfare or mateially injurious to propefties or
improvements in the vicinity;
4. Thatthe proposedbuslhess office (real estate office) will comply with each of the
applicable provisions of this title, based upon the review outlined in section Vl of
Staffs November 26, 2007 memorandum to the Planning and Environmental
Commission: and
5. The conditions of the approval by the Planning and Environmental Commission on
November 26. 2007 are in effect."
ATTACHMENTS
A. Planning and Environmental Commission November 26,2007 , memorandum
B. Minutes of the Planning and Environmental Commission November 26,2007 meeting
C. December 8,2007, Town Council Work Session highlights (excerpt)
D. Public Notice
vlt.
TO:
FROM:
DATE:
SUBJECT:
Attachment A
MEMORANDUM
Planning and Environmental Commission
Community Development Department
November 26,2007
A request for a final review of a conditional use permit, pursuant to Section 12-7H4,
Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for
a business office (real estate office) located at 714 West Lionshead Circle (Vail
Maniott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth
details in regard thereto. (PEC07-0066)
Applicant: Diamond Rock Hospitality Company, represented by Robert Foss
Planner: Nicole Peterson
Il.
SUMMARY
The applicant, Diamond Rock Hospitality Company, represented by Robert Foss, Agent for
Ritz-Carlton Development Co., is requesting a conditional use permit, pursuant to Section 12-
7H4, Permifted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for
a business office (real estate office) located at 714 West Lionshead Circle. Based upon Staffs
review of the criteria outlined in Section Vl of this memorandum and the evidence and
testimony presented, the Community Development Department recommends approval, with
conditions, of this request subject to the findings and conditions noted in Section Vll of this
memorandum.
DESCRIPTION OF THE REQUEST
The applicant, Diamond Rock Hospitality Company, represented by Robert Foss, Agent for
Ritz-Carlton Development Co., is requesting a conditional use permit to allow the conversion of
two existing hotel rooms, on the sixth floor, of the western most wing, of the Vail Marriott
Mountain Resort and Spa (714 West Lionshead Circle), to a real estate office for the Ritz-
Carlton currently under construction at 728 West Lionshead Circle. The Ritz-Carlton intends to
occupy the proposed real estate office for marketing and sales purposes. The proposed Ritz-
Carlton completion date is scheduled for July 2010.
A vicinity map (Attachment A), the applicant's request (Attachment B), and plans (Attachment
C) have been attached for reference.
REVIEWING BOARD ROLES
Order of Review: Generally, conditional use permit applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design review
application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval with
modifications, or denial of a conditional use permit application, in accordance with Chapter 12-
16. Conditional Use Permits. Vail Town Code.
ilt.
Desiqn Review Board:
The Design Review Board has no review authority over a conditional use permit application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or Design
Review Board. The Town Council may also call up a decision of the Planning and
Environmental Commission and/or Design Review Board.
IV. ZONING AND LAND USE
Zonino:
Subject Property: Lionshead Mixed Use 1 (LMU-1) District
Sunounding: West - Lionshead Mixed Use 1 (LMU-1) District
East - Lionshead Mixed Use 1 (LMU-1) District
North - Lionshead Mixed Use 1 (LMU-1) District
South - Lionshead Mixed Use 1 (LMU-1) District
Land Use Desionation:
Subject Property: Lionshead Redevelopment Master Plan
(Vail Manioft Mountain Resorf and Spa)
Surrounding: West - Lionshead Redevelopment Master Plan
( Ritz-C a rlto n u nde r con stru ction)
East - Lionshead Redevelopment Master Plan
(Lions Square Lodge)
North - Lionshead Redevelopment Master Plan
(VailSpa)
South - Lionshead Redevelopment Master Plan
(Antlefs and Gore Creek Residences under construction)
Parkino:Required: Proposed Office (940 sf): 2.5 (2.7 per 1,000sf)
Existing 2 Accommodation Units: - 1.4 (O.7 per unit)
Total Required: 1.3Proposed: Designated at Holy Cross Lot 2 parking spaces
Emplovee Generation and Mitioation Rates:
Required Fee: $89,184.14
Please see Attachment D for calculations, Attachment E for Ordinance 7, Series of 2007
regarding the adoption of Chapter 23, Commercial Linkage, Attachment F for Ordinance 8,
Series of 2007, regarding Commercial Linkage and Attachment G, Resolution 10, Series of
2007 regarding payment of fees-in-lieu.
v.APPLICABLE PLANNING DOCUMENTS
A. Titfe 12Zoning Regulations, Vail Town Code
Section 12-7 Arlicle H Lionshead Mixed Use 1 (LMU-1) District:
12-7H-1: PURPOSE:
The Lionshead Mixed Use 1 District is intended to provide sifes for a mixture of
multiple-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge
dwelling units, restaurants, offices, skrbr seryices, and commercial establishments in a
clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the
Lionshead redevelopment master plan, is intended to ensure adequate light, air, open
space and other amenities appropriate to the permifted types of buildings and uses and
to maintain the desirable qualities of the zone district by establishing appropriate site
development standards. This zone distict is meant to encourage and provide
incentives for redevelopment in accordance with the Lionshead redevelopment master
plan.
This zone distict was specifically developed to provide incentives for propefties to
redevelop. The ultimate goal of these incentives is fo create an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone district include
rncreases in allowable gross residential floor area, building height, and density overthe
previously established zoning in the Lionshead redevelopment master plan study area.
The primary goal of the incentives is fo create economic conditions favorable to
inducing pivate redevelopment consr'sfenf with the Lionshead redevelopment master
plan. Additionally, the incentives are created to help finance public off site
improvements adjacent to redevelopment projects. With any
developmenUredevelopment proposal taking advantage of the incentives created
herein, the following amenities will be evaluated: streetscape improvements,
pedestrian/bicycle access, public plaza redevelopment, public art, roadway
improvements, and similar improvements. (Ord. 29(2005) $ 24: Ord. 3(1999) S 1)
12-7H-4: PERMITTED AND CONDITIONAI USES; SECOND FLOORAND ABOVE:
B.Conditional Uses: Ihe following uses sha// be permitted on second floors and higher
above grade, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title: Professional offices, busrness offices and sfudios.
Section 12-16: CONDITIONAL USE PERMITS (in part):
1 2-1 Gl : PURPOSE: Ll MITATIONS:
ln order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in ceriain dlsfrlcfs subject to the granting of a conditional
use permit. Because of their unusual or special characteistics, conditional uses require
review and evaluation so that they may be located properly with respect to the
purposes of this title and with respecf to their effects on sunounding properties. The
review process prescribed in this chapter is intended lo assure compatibility and
harmonious development between conditional uses and sunounding properties and the
town at /arge. Uses /isfed as conditional uses ih the various disfricfs may be permitted
subject to such conditions and limitations as lhe town may prescribe to ensure that the
location and operation of the conditional uses will be in accordance with development
objectives of the town and will not be detrimental to ofher uses or propefties. Where
conditions cannot be devised to achieve these objectives, applications for conditional
use permits shall be denied.
1 2- 1 6-6 : C Rl T ER I A; F/ND/NGS;
Listed in section Vl of this memorandum.
B. Lionshead Redevelopment Master Plan
Chapter 2: Introduction
Secfion 2.1 Purpose of the Master Plan
This master plan was initiated by the Town of Vail to encourage redevelopment and
new development initiatives within the Lionshead study area. Both public and private
inferesfs have recognized that Lionshead today lacks the economic vitality of Vail
Village, its neighboring commercial distict, and fails to offer a world-class resoft
experience. Lionshead's economic potential has been inhibited by a number of
recunent themes: lack of grovvth in accommodation units ("hot beds"), poor retail
quality, the apparent deterioration of existing buildings, an uninteresting and
disconnected pedestian environment, mediocre architectural character, and the
absence of incentives for redevelopment.
Redevelopment is critical for Vail and Lionshead if the community is to remain a
competitive four-season resort. Other resofts are spending millions of dollars to
upgrade their facilities in order to attract more visitors year-round. Growth in the
number of skiers annually has slowed to one to two percent, intensifying competition
for market share. Skiers are spending /ess time skiing and more time shopping, dining
out, and enjoying other off-mountain activities. As a result, the demand for quality retail
shopping and a greater diversity of expeiences has dramatically increased. All of
these are sorely in need of improvement in Lionshead. Vail, and specifically
Lionshead, will fall behind if the community fails to upgrade the quality of its facilities
and conect the existing flaws in its primary commercial nodes.
This master plan, developed over a period of two years and with extensive involvement
by the community, is a comprehensive guide for property owners proposing to
undeftake development or redevelopment of their properties and the municipal officials
responsible for planning public improvements. The plan outlines the Town's objectives
and goals for the enhancement of Lionshead and proposes recommendations,
incentives, and requirements for redevelopment and new development of public and
private properties. lt also recommends specific public improvement projects that are
strategically impoftant to the future success of Lionshead.
The master ptan is intended to provide direction over the nert 1 5 b 20 years.
Section 2.3 Policy Objectives
The Town Council adopted six policy objectives on November 4, 1996 to outline the
impoftant rssues fo be addressed in the master plan and to provide a policy framework
for the master planning process.
Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer, more
vibrant environment for guesfs and residents. Lionshead needs an appealing and
coherent identtty, a sense of place, a personality, a purpose, and an improved
aesthetic character.
Vitality and Amenities
We must seize the opportunity to enhance guest expeience and community interaction
through expanded and additional activities and amenities sucfi as performing arls
venues, conference facilities, ice rinks, sfreefscape, parks and other recreational
improvements.
Stronger Economic Base Through lncreased Live Beds
ln order to enhance the vitality and viability of Vail, renewal and redevelopment in
Lionshead must promote improved occupancy rates and the creation of additional bed
base ("live beds" or "warm beds") through new lodging products. Live beds and warm
beds are best descibed as residential or lodging rooms or units that are designed for
occupancy by visitors, guesfg individuals, or families on a shorl term rental basrs. /n
order to improve occupancy rates and create additional bed base in Lionshead,
applications for new development and redevelopment projects which include a
residential component shall provide live beds in the form of accommodation units,
fractional fee club units, lodge dwelling units, timeshare units, attached accommodation
units (i.e, lock-off units), or dwelling units which are included in a voluntary rental
management program and available for short term rental. Fufther, it is the expressed
goal of this Plan that in addition to creating additional bed base through new lodging
products, there shall be no net /oss of existing live beds within the Lionshead
Redevelopment Master Plan study area.
lmproved Access and Circulation
The flow of pedestrian, vehicular, bicycle and mass transit traffic must be improved
within and through Lionshead.
I m prov ed I nf ra stru ctu re
The infrastructure of Lionshead (sfreefs, wall<rays, transpoftation sysfemg parking,
utilities, loading and delivery syslems, snow removal and storage capacity) and its
public and pivate servlces must be upgraded to support redevelopment and
revitalization efforts and to meet the service expectations of our guests and residents.
Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strafegles must be identified so that adequate
capital may be raised from all possible sources to fund desired pivate and public
improvements.
Chapter 4: Recommendations - Overall Study Area (Amended July 18, 2006):
This Chapter of the Master Plan addresses lssues that affect Lionshead as a whole. Ihese
r'ssues, and recommendations to address them, should be considered in all planning and
policy decisions as Lionshead redevelops.
Section 4.13 Live Beds
The maintenance, preseruation, and enhancement of the live bed base are critical to
the future success of Lionshead and as such, special emphasis should be placed on
increasing the number of live beds in Lionshead as the area undergoes
redevelopment. The Lionshead area currently contains a large percentage of the
Town's overall lodging bed base. The bed base in Lionshead's consrsts of a variety of
residential and lodging products including hotels, condominiums, timeshares and
hybrids of all three. The vast majority of live beds in Lionshead are not
accommodation units in hotels, but instead, in dwelling units in residential
condominiums such as the Vail 21 , Treetops, Antlers Lodge, Lion Square Lodge,
Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and
Montaneros, all of which have some form of rentaUproperly management program that
encourages short term rental of dwelling units when the owners are not in residence. lt
has been the experience in Lionshead that condominium projects which include a
voluntary rental management program have occupancy rates which exceed the
occupancy rate of hotel products, and therefore tend to provide more live beds and
produce more lodging tax revenues to the Town.
Applications for new development or redevelopment which maintain, preserve, and
enhance the live bed base in Lionshead have a significantly greater chance of approval
in the development review process than those which do not.
4.13.1 Live Bed Definition
Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as
residential or lodging rooms or units that are designed for occupancy by visitors,
guesfs, individuals, or families, on a short term rental basis. A lve bed may include the
following residential prducts: accommodation units, fractional fee club units, lodge
dwelling units, timeshare units, aftached accommodation units (i.e., lock-off units), and
dwelling units which are included in a voluntary rental management program and
available for short term rental.
4.13.2 Location of Live Beds
Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use 1 and
2 zone districts. All propefties within Lionshead, when developing or redeveloping and
providing new residential or lodging products, should provide live beds as defined
herein.
4.13.3 Hotel-types of Services and Amenities
To aid in the fuftherance of Policy Objective 2.3.3 of the Plan, the creation of additional
live beds should include hotel-types of services and amenities. Such servrces and
amenities may include, but not be limited to, the operation of a front desk,
registration/reseruation capabilities, recreational amenities, guest dropoff, on-site
management, efc. Ihese types of seruices and amenities in multiple family residential
dwellings will increase the likelihood that the dwelling units will be made available for
short term occupancy and help to promote improved occupancy rates.
4.13.4 Review of New Development and Redevelopment Proiects
The Planning and Environmental Commission shall consider the policies and direction
given by this Plan with respect to live beds when reviewing new development and
redevelopment projects in Lionshead. Applications for new development or
redevelopment shall maintain the live bed base in Lionshead. Applications for new
development and redevelopment which enhance the live bed base have a significantly
greater chance of approval in the development review process than those which do
not. A proposal's adherence to the policies contained in the adopted master plan will
be one of the factors analyzed by staff, the Planning and Environmental Commission
(PEC), the Design Review Board (DRB), and the Town Council (as applicable) in
determining whether to approve or disapprove the specific proposal.
Chapter 5: Detailed Plan Recommendations
This chapter of the Lionshead Master plan examines individual parcels and groups of
parcels within the Lionshead study area, excluding the residential propefties on the
soufh slde of Gore Creek. The intent of this chapter, and the Master Plan as a whole,
is to identify impoftant functional relationships and visual objectives within the distict
and to propose a framework for the long-term redevelopment of Lionshead. The
document does not intend to limit or eliminate ideas relating to speciftc parcels; any
proposals consistent with this framework should be considered even if they are not
anticipated in this document.
Sectlon 5.13: The Manioft (Amended July 18, 2006):
With approximately 276 rooms, the Marrioft is the largest only supply of hot beds in
Lionshead. The single largest structure in Lionshead, f ls a/so very visible, especially
from the west. lt is consequently a high pioity renovation project, and all reasonable
measures should be taken by the Town of Vail to encourage and facilitate its
enhancement. Specific issues regarding this properiy are as follows:
5.13.1 Redevelopment or Development of the Parking Structure
The best oppoftunity for new development on the Manioft property is the existing
parking structure (figure *17). If this site is developed, aftention should be given to the
relationship between the development, Gore Creek, the Gore Creek recreation path,
and the west day lot. Veftical development should step back from the recreation path,
and there should be a clear separation (most likely a landscape buffer) between the
public space of the recreation path and the private space of the residential units.
5.1 3.2 Infill Oppoftunities
There are several tennis courts on the south side of the Marriott. This area presenfs
an oppoftunity for low-rise infill development that eases fhe visual and physical
transition from the existing structure to the Gore Creek recreation path.
5.13.3 Opportunities for Facade Renovation
Exterior renovation of the Maniott is a community piority, but the size and dimensions
of the structure present a challenge, and it is unlikely that the architectural design
guidelines (see chapter 8) can be fully met. However, this should not discourage
exterior renovation, and the Town of Vail Design Review Board should insure that the
intent of the guidelines is mef. (Ihis is a basic premise of the architectural design
guidelines, relevant to all existing buildings in Lionshead.)
5.13.4 West Lionshead Circle in Front of the Maniott
Any future development or redevelopment of the Maniott propefty should include a
continuous secondary pedestrian walk on the south side of West Lionshead Circle. A
pavement snowmelt sysfem is strongly recommended because of icing problems on
the walkuay in winter.
5.13.5 Preservation of Existing Accommodation Units
The Marioft presently contains 276 short term accommodation units. ln addition, the
Marriott also contains a restaurant, lounge, spa, and meeting space facilities incidental
to the operation of the hotel. Given the importance and need for shoft term
accommodations to the vitality and success of the community, any future
redevelopment of the site shall ensure the preservation of short term accommodation
units on the site. The preservation of shoft term accommodations should focus on
maintaining the number of existing hotel beds and the amount of gross residential
sguare footage on the site as well as requiring the preseruation of 276 accommodation
units. With this in mind, the quality of the existing accommodation unit room could be
upgraded and the rooms could be reconfigured to create multi-room suites. ln no
instance, however, should the amount of gross residential floor area devoted to
accommodation units be reduced. ln fact, oppoftunities for increasing the number of
accommodation units beyond the existing 276 units already on-site should be
evaluated during the development review process. For example, the construction of
"attached accommodation units", as defined in the Zoning Regulations, could
significantly increase the availability of short tenn rental opportunities within the
building.
vt.REVIEW CRITERIA AND FINDINGS
A. Titfe 12Zoning Regulations, VailTown Code
The following review criteria and findings for a Conditional Use Permit are established by
Section 12-16-6, VailTown Code.
Review Criteria
1. Relationship and impact of the use on the development objectives of the Town.
Offices are listed as conditional uses, second floor and above, within the Lionshead
Mixed Use 1 District. Therefore, this proposal is consistent with Vail Town Code.
Staff believes the proposed temporary real estate office facilitates the overall
recommendation of the Lionshead Redevelopment Master Plan to add 'live beds' or
'warm beds' to Lionshead (Ref. Chapter 4, Lionshead Redevelopment Master Plan
shown in Section V of this memo). The proposed office will facilitate and promote the
addition of 116 total units, including 71 residences and 45 club /fractional fee units, at
the Ritz-Carlton; currently under construction.
Chapter 5 of the Lionshead Redevelopment Master Plan lists detailed plan
recommendations for the Marriott. Staff believes that the proposed plan, to temporarily
convert two existing accommodation units into a real estate office does not warrant the
significant redevelopment recommendations requested under Chapter 5, Detailed Plan
Recommendations for the Marriott. The proposed changes are interior only and for
temporary use to market and promote the Ritz-Carlton; cunently under construction.
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
Staff does not belidve this proposal will affect the light and air, distribution of population,
transportation facilities, schools, parks and recreation facilities, and other public
facilities needs. The proposal includes only interior changes and no change to existing
floor area.
The proposed conversion triggers the employee generation and mitigation rates
described in Section 12-23-2, Vail Town Code and Resolution 10, Series of 2007,
adopted and effective April 3, 2007. Please see attachment D for detailed calculations
of the mitigation fee.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff does not believe this proposal will negatively affect automotive or pedestrian
traffic. The proposal includes dedication of two parking stalls at the Holy Cross parking
lot, which is the temporary parking facility for Vail Marriott Mountain Resort and Spa.
The Ritz-Carlton construction includes a permanent parking facility for both Vail Marriott
Mountain Resort and Spa and the Ritz-Carlton, which is scheduled to open prior to the
completion of the Ritz-Carlton. When the parking facility is complete, three parking
spaces will be dedicated for the proposed real estate office.
vil.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses-
Staff does not believe this proposal will have a significant effect on the character of the
area. Other developments such as the Vail Plaza Hotel, Solaris and Four Seasons
have implemented similar conversions in the Town of Vail. The proposed conversion
will mostly affect the Vail Marriott Mountain Resort and Spa and not the adjacent uses.
The General Manager of the Marriott submitted an approval letter for the proposed
conversion of rooms 605 and 607 and with the understanding that the rooms shall be
restored to their original detail following termination of the office use. According to the
applicant, the sixth floor, proposed location of the conversion, of the Vail Marriott
Mountain Resort and Spa is currently used for receptions and events, not usually for
vacation hotel guests. Therefore, the existing hotel function will not be significantly
disrupted.
Findings
The Planning and Environmental Commission shall make the following findings before granting
a conditional use permit:
1. That the proposed location of the use is in accordance with the purposes of this title
and the purposes of the Lionshead Mixed Use 1 (LMU-1) District.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
B. Lionshead Redevelopment Master Plan
The following Policy Objectives of the Lionshead Redevelopment Master Plan, Section 2.3,
are facilitated by the proposed project.
Policy Objectives
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant
environment for guests and residents. Lionshead needs an appealing and coherent identity, a
sense of place, a personality, a purpose, and an improved aesthetic character.
2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strategies must be identified so that adequate capital
may be raised from all possible sources to fund desired private and public improvements.
STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approve, with conditions, the conditional use permit, pursuant to Section 12-7H-
4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a
business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott
Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth details in regard
thereto. Stafls recommendation of approval, with conditions, is based upon the review of the
criteria described in Section Vl of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this request, the
Community Development Department recommends the Commission pass the following
motion:
"The Planning and Environmental Commission approves the conditional use permit,
pursuant lo Secfion 12-7H-4, Permifted and Conditional Uses, Second Floor and Above,
Vail Town Code, to allow for a buslness office (real estate office) located at 714 West
Lionshead Circle (Vail Maniott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and
setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this request, the
Community Development Department recommends the Commission makes the following
findings:
"1. That the proposed location of the business office (real estate office) is in accordance with
the purposes of this title and the purposes of fhe Lionshead Mixed Use 1 (LMU-|) Distict.
2. That the proposed location of the business offce (real estate office) and the conditions
under which it will be operated or maintained will not be detimental to the public health,
safety, or welfare or materially injuious to propefties or improvements in the vicinity.
3. That the proposed busrness office (eal estate office) will comply with each of the
applicable provisions of this fiAe, based upon the review outlined in section V/ of Staffs
November 26, 2007 memorandum to the Planning and Environmental Commission."
Should the Planning and Environmental Commission choose to approve this request; the
Community Development Department recommends the Commission pass the following
conditions:
"1 . This conditional use permit, for a temporary bus,hess office (real estate office), sha// /apse
and become void 3 years from the date of approval or at the time of the Temporary
Ceftificate of Occupancy rssuance for the Ritz-Carlton; cunently under construction at 728
West Lionshead Circle, whichever occurs first. Within 3O days from the ceasing date, the
applicant shall complete the restoration, of the two accommodation units (rooms 605 &
607), to their original form.
2. The applicant shall obtain a separate sign permit, from the Community Development
Deparlment, for any and all proposed signs assocrated with the proposed business offce
(real estate office).
3. The applicant shall submit the employee generation and mitigation fee, in the amount of
$89,184.14, prior to issuance of a building permit."
VIII. ATTACHMENTS
A. Vicinity MapB. Applicant's RequestC. Plans
D. Employee Generation and Mitigation Rates calculations
E. Ordinance No. 7, Series ol2007 (Commercial Linkage)F. Ordinance No. 8, Series of 2OO7 (lnclusionary Zoning)
G. Resolution 10, Series ol 2007 (Payment of Fees-ln-Lieu)
H. Public Notice
10
ATTACHMENT A - Vicinity Map
11
ATTACHMENT B - Applicant's Request (5 pages)
Tta Rlts Gailbn DeveloPment CoraPgtY
86{9 Wdwod Bot||etrard, Sub sfit, OrHdo, Flo,ila 34821€090 i (4{n) 2o6.gxto
&
Tke Rnz-CAnLr$ Otm'
Mr. Wanen CamPbell, Plannsr
Ilepartnent d GornmunlU De\Ebpment
75 Soilffr Flontage Rod
Vail, Coftcrado 81657
Dear Sk,
l. Sumrnarur
The appticant Rltr Cadbn Dslabprpnt Cqnpeny (RCDC),fqge@| {y Mr. R_oba! Fooq b
r€qu*iirp a Gondlt{onal Us€ Pemiit pureuant to S€dbn 12, Vail Torn Code, lo allow for the
placemeni of a lobby deel and ths nmodeling d a 2 qom hoapihlty euite at *p Vail llariott
irlountain Rssortant Spa, locaEd at715 LionM Citda, Liornhead, CO. arrd $titg forh dstaib
in regad lher€b.
Agenta: Mr. Robert Fos, Chnent Foss AtthiEcrts b serving c agent to RCDC. Mr. Dave Peese,
Gi/l of fie Vail Manid Moqnta*r Resort and Spa ls serving 6 lgent for fie hdel mrrnrg,
DhmondRod( HospiHy Compary. DianrondRodt rurcfiased t|e hobl fiom Vaf, Rsofta in 2{X}5.
Baeed Won thb nsnorardum and the oiJence ard bsfimony pnsented, rr€ request hattfie
Conmunirty Oeveloprpnt Deparment tecommend epplwal for Conditimal Uss.
ll. Dsscriplio{t of th6 Reouest
The applicant, Rits Gerlbn DeFhprnmt Cqnpany (RCDG),'p r€ryeefrU a condltional usapannil
pursuiirt to $ectbn 12, Vail Towrr Codo, b allor tortre pb€'nant * q OOfy Qt-?J|g q &E
iertod€firg stffrg2 roonr hcpiblltyarib (605DS/) inbe buslness offceattheVallldanitil
l,lountain k€ort and Spa (eeo atHlsd slb pbn).
The lobby d66k ul[ temporadly occrpy rhe soulhuvesil corner d ilE odsfing lbgry (a€? ata.ft€d
lobby p|6ir) and cursisd of the exiding bookcase, a dcltwlth I afisfi€fidr and 2 gusd #lts. The
Cesk ti,fl dncdon as a gredng spae-br inbrcsbd percorc- Thoee desirlng morc irformation will be
€scorbd tofie 6hfioorhleirpee ofice'
Tle hnines ofrce wlllhmporarily ocolpythe e$ting 2 roorr hospltallU srdF tS05,8On on the 6e
fiqgf of f|e yrast wirw (see rittedldC 6t' ftb;T pbn). The office will funodon as a markefrg and sales
gallery for the Ritz Carlbn plolec|, under comtrucilon ned doorto the h$l. lt will inchde a scah
moOei vldeo precenblbns, informefion eldribits, sample fiFbrhls arrd office arm' (eee &ciled
Galleryphn)-
12
&
Rrrz-Canurm Crur-
lll. Backqrsrd:
Thb bmporary uss b in support of the previously appraved Rits Carlbn Club and Reeidencas Vail,
curenfly und* mnsmcfion at the old West Day Ld in Uonstead. Tle Club poilion includet 45 unils
(2, 3 ard 4 be<lrsoms) of a 1/1f interest (3 ryeak) fradional, markebd and sold by the Rllz Carlton
tlevebpnmnt Compny.
The Reeidences indudeTl rrvhobornelship units, sold by Sffier, Smlth and Frarpton. The Club and
Resklenoes share sore comrnon dersrts indudhg the maia lotSy and md amenilies- Both
entlties are to be mamged by the R[z Garlbn HoblCornmny-
Thg Rits Csrlton mnrlruc.tion hae rucenfy started and occupanoY ls echeduM for JUV 2010.
Yl.. Bqlationship I lmnqc't o{t-St$!. oF,F}div€6 I
Ctuprt;r 12-14: Pumose:A
This proj,eot prundes fie gen€ral p.rpmes of the Toum in eupport of the pret ptilly epptot Bd Rk
Gailton prulect hehirp to easure ih eenomic viability, increasing the number d tAre beds in a
heallhy, s# and monal way. The bueirees iE cordued in a lurmqrious and coordin# m1nner by
a reputabk*mrnpany. Thb oonditbnat we permltwfll enhance and conseryethe nahral envinontnent
by bringirg th€ Efiected hobl spaae lrrto cunent oompllancs, re rlrmll as enhancing the rcsort
cfiaraclor d lhs mmmu n]ty.
Chapter 12-1-2: Purpse; B;
Thb ptopcd aofiiews the specffic purposeo of the Town a bllom:
l. Because the cordilinnal use ooturs n ilhln an exislirg buiHktg fr should not #ct the light, alr,
sanihtion, dralnrye or pub$c ftdfries of the Toun.
2. Becaus€ tha conffional use mra wi8rln an existirp buildirrg it should not ffi fte ability b
seare the safuty from flm, panb, ffood, araalanchE, amrnuHitxt of sncnrr or dangeroua mrditions of
$e Tonn, $pecifically, wE wlll make code requircd Improvemen* b the ffm pmbc-tlon atd separellon
sysbms of the af$e&d bpaoos,
Th€ Rih Cslbn llevdopmeat ComPnY
66,19 Wce{wsod Eoslerrad, gub 6{10, Orlande Fhdda s91.8090 . (4O4 20s'6000
13
&
Rrz-CirnrroNTrm Cum-
3. The hrsinsss use uilt promote safe ard ffident 1r#ian and Y€*tkubr tatrtc tituialiot. We do
nA beffew it will add b tne conga0on in tfp stBets. Spodfically, by rnarleting to ottslltg hotel-
sgo6 and vbitrys $16 do not aipeA b hcrease ffic. Our sffing consists of I emplopelocabd in
[.,e Ot noot spre and 1 enrptoybe at the desk. 1 ot]rer emplqree i$ on rotatlon (only 2,emplqpee in
ffre hgEl at airy one tin€) dirin-g SE ne$ ski seeion. TIE ltoH pafting ls not Et c4acily during the
-
stO semon Uedeuse of the hrge quantfty of group bura Oufng the summer, wh€n h*lp*ing lS at
camo.ty, t*re iE plenU of erci capaCty wttr *,ee pa*ing at tte Uondread public pa*i;q bd.
A&-iUonilry, the n'ew par*irU dm€fr.re b scHuled b b€ conpl*d eaily, rYl$ch shouH ftrrtler
enhance parking.
4. Pleaso see the aborn commenb as they relrrie b d-sfrad parHrg- The propcad office 1l9q ryil
require mlnlmal loadirg impads. Our main intent is b only S?n9@ T?d€.tng leade!1 qs 07/ffi
sei"on. We couH starl sa[es confacte in the 08/00 eeasctn, br{ abo inbnd and need b have other
city-approved Vail Mhe galhry spem bytlpn'
S. The proposed rnarlctiry and sal€s acilivitbs coruelw ard maintain ttpestablbled cornmunity--.
q*S6g[ anO aconsnicvairee. Spedfically, the lotrbydeekwill bqrne as a grcedng qre o1V' wiBt
ilures6d partir* being escorted-up to the 6h floorgalQryj ne O].nryr ie cunanty a lloopihlfi sub
mor, afealy rpeO for-receplions and events, not usuallybn Yffilbn hcilel gtn$. Rega{itlq - -
economic rrilue, the markebng and errcritnl Eales wlll b vro*ing bulard g€nqatng -otrylr 91.0 du. b
.
rnenrOer*ripe ald a potentialiffiO or mse vacaton vHb pef yeq. Each mernbenhlp ircMet 1 or 2
skl eemon yi5ib and' I summar vtrit {or vioe wrsa}, pltts oppofunlty fur addilonal shotllder 86ffiolt
gee. tt ConOiUonal Use is appwed, nra*Anng sfarb ftb skiseason, witt RIE Cailon ompancy ln
sgmms seson d 2010. tl*i wiJn rdum the troepib$ty sulb b ib oliSilul tne bstltrecn summer 4rd
afti seEeon 2O10.
0. 43 fi€ 6e ffoor b *oady hrslnese orienbd, vue believe ffi the Cordltlonal Usa b h keeping u,ltl
a harmonious, connerfent wodnble EHionshlp and coneiebnt riEt bdr the Town and hotH
oblet*iues.
7. Because rre ara uorkkrg vrlhin an edsting sfiucture, yr wrn not bg oonfiibuftg b etcee8ive
poputation d€nsitb* or orrercruding dthe land. Tha hcplhltty suib gttlentyonly Inctude 2 doubls
b*s anU a lMng area. Our lnbn&d uae malntabts the lMtg ary, wi$r the bed alua med asg{ery
ipaoe. for ape6 dd Bvorfts $,e Intend !o harre rnaybe 3 - 4 hoGl gtueot cotlples vbit gt mct. ThiE
ubuH be mnsisilent wttr hospitallty events that alrady occttr.
8. The propoeed Condfron Uee makes rn chargee to the 4pearance d-fie tffin. Any tenpcs
inbnnitional erftibib uill ocanr belor ttre curerrt Oalcorry rrisbinty |}ne. We htend b sdd thsnf,lh
decoratiw portabte 'screens' to divile ttre exisilng lrcspltelltfettent tEnaoe fiom fte gallery Grraca.
The 'ssaeas' udll be perpendicular b bnn Yi(il lhes (eee 6P floo phn)'
Thq Rk Cstlhn t q|€loPrflant ComFnY
68t9 Weatupod Boulward. Suib 600, Otgtdo' Fbdde 32et{000 o (m7} 206{000
't4
&
Rrz-CnnLrcNTHr Crun*
9. Ttre proposed Cordition the makes no changres b $e ndiral Murea of the lourn.
!0. Thi propocad Cordition Use malps no changes to St opsn space or amenities of tho tqrn'
11 . lt\te 6etii,re tre propoeed Conditkrn Usa is csreleteilt widr lhe appmved Rits. Cadton pro'pcf'
sderty groMfiand avEble Uordtead.
Chapbr 12-7H: Purpoee:
Thie poposat ec*ri,Eves the specifrc pulposes of tre Lfttnslrcad Mix€d t s€ disftid in its suppod of the
appro$ed RiE Carlton Club and Resilencee Veil proiect.
Seetion 4.13 Lhre Beds I Section 5.13 The Maniott
There are 276 short brm amommodstbfl nooflis, nc{ Includirq the lrcspitallty suites at tfe hotet All of
ttre short lerm Foorns de beirg rebined. Thare ars a t&l of 344 accornmodaton rcorns at the h&1.
Apprwal of the ConditonalUsewill enhance the Tovyn ard nignili:antly increase the availabili$of_
Urid UeOs $ro{lgh the redevEloprmnt of the adpcent site (sEe 5.13.1) and the laSeting of .tha 45 Rib
Gadton Club units. The potendal for new live leds being rmdeled b t40 rveeks, The Conditional Use
doee tanrpon;if bke oie hospirtali$ euile (see er&llng 6{H1607 phn) out of use. The hepiblity suib
orcrtooti trre conetuclion sib ard ls not pdnre space for grrerb {se site plan)-
The llme fnanre ior the Gonditional Use b betilBen Jan. 2fit7 and Aqgust 2010. The llne fiame
incUCes a I rreek conersion fms atthe @innirE and end of fte Condllional Uee. Hisbically' the
hotel is at maximum capacity less than 30 diys per yqrr. Because the beglnning the coilwrsbn h
scheduled for Jan. 07, occtrpency ln 4 rwms on fie 5h floor directly belor may abo be bmporarily
aftcterl. A summsr s,eason conveplon back to lln hospltaltty euib beginning in June 2010 b not
eleected to afiec't ocaryancy.
Zonlng
Ths Conditionel Uee sr.rpporb lhe polkry obiedfue 2.3.3 firough the pornoUon of Increased live bads.
Sunurndhp land Lsss are nd affecbd by this temporary Corditk:nal Use-
Thsr€ are no MSr ExteriorAltarEtions. TtF Condifional Use dow not modFV tlrc exisfrtg buildlW
exterix in anywiy, Infonmlicnral eldfrfib are belor the exieting balcony line. Po&ble screstting
denenb ara temporary and nst atta€fted to tre buildhtg.
Th€ RIh Csrlbn Dat@rentComPnY
fi49 Y{estmod Eouten d, Sulh 50t}, Slando, Ro.td€ 32821€090 ' f{n 2066000
15
ffi
TrE RrP.,CAnnox C!"n'
Pa*ir€
TtF tu8pitallty sulte cquins 1.4 parklng sp#e 0,erm. n€ Condffionql Uee nqqftec 2.5 epacas.
nrere ale ony Z atf airnApabd 8t thit localion- Ee !to@l i8 allocalhg 2 spaes dulng the _ __
enrporary AUihcernant *itre noet ge*ing b ihs Fdy Crocs aQ: UPgn tsdy oorplton oftte Rllz
Carfron F12S", 3 spaes ooufl be aibca$d (ce abo ncponse Clupbr 12*1-2,8 - 3 abgtre).
Shcemly, A'Wc.'{-
Robert C. Fm, Consdhtt b RCDC
Cbmert Foes Arc|ttsctg
2709 Sotdh tulacDill Atrcnue
Tanpa, Fbrkta 3:1829
8't3 831 3223
Ths RIE Cadbn De\rdopmo'||cqnperry
6849Wdrood Bouhvad, Sub 500, Otbldo, Fhdda 3CPl€@0 O (4OO 2(F€{m
16
ATTACHMENT C - Plans (3 pages)
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18
19
il.
ATTACHMENT D - Employee Generation and Mitigation Rates calculations
Inclusionary Zoning Calculations For:
Vail Manioft Mountain Resorf and Spa
Legal Desciption: Lot 1, West Day Subdivision
Applicability
Under Section 12-24-4 (lnclusionary Zoning - Redevelopment), Vail Town Code, the
conversion of two accommodation units to a real estate office triggers the Employee
Generation and Mitigation Rate requirements in Section 12-23-2 (Commercial Linkage -
Employee Generation and Mitigation Rates), Vail Town Code. The addiiion of commercial
area equals Commercial Linkage as defined by Section 12-2-2 (Detinitions), Vail Town Code.
Employee Generation Calculation
The following calculations were drawn from the employee generation and mitigation
requirements in Section 12-23-2 (Commercial Linkage - Employee Generation and Mitigation
Rates), Vail Town Code. The commercial linkage requirement equals 2oo/o of the net new
employees generated.
1. lncrease in Real Estate Office sq ft of 940 sq ft (conversion from residential):
940 sq ft / 1,000 x 5.1 employees (Real Estate Office) x 20% mitigation =
0.96 employees to be provided deed restricted employee housing
2. Decrease of two (2) Accommodation Unils:
2 Accommodation Units x .7 employees per unit (Accommodation Unit) x 20% mitigation =
0.28 employees no longer required deed restricted employee housing, due to conversion.
3. Total:
0.96 employees minus 0.28 employees =
0.58 employees to be provided deed restricted employee housing as a result of the
conversion.
Mitigation Methods
Based on the current circumstances of the subject site, Staff calculated the following two
mitigation methods. However, the applicant may choose any 'Method of Mitigation' listed in
Section 12-244, Vail Town Code.
1. Fee-in-Lieu:
Provide a fee-in-lieu payment to the Town of Vail for.68 employees x $131 ,385 /
employee = $89,341.80. Payment of the fee-in-lieu of $89,341.80 must be paid prior to the
issuance of a building permit for the project (Ref. Resolution 10, Series of 2007, adopted
and effective April 3, 2007).
2. Off-Site:
Provide off-site at least a 438 sq ft Studio Unit - exceeds requirement by 0.57 employees.
The deed restriction for the off-site unit must be provided and accepted by the Town of Vail
prior to the issuance of any Certificate of Occupancy for the new Real Estate Office (Ref.
Section 12-24-6 Inclusionary Zoning, Methods of Mitigation).
Iil.
20
ATTACHMENT E - Ordinance No. 7, Series of 2007 (Commercial Linkage)
ORDINANCE NO.7
SERIES 2OO7
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTION 12-2-
2, AND THE ADOPTION OF A NEW CHAPTER 23, ENTITLED COMMERGIAL
LINKAGE, AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail has experienced a decrease in population during the past
ten years due to market conditions that have given homeowners incentive to sell their
properties;
WHEREAS, during that period of time, housing costs in Vail have increased at a much
higher rate than income has increased;
WHEREAS, new commercialdevelopment and redevelopment in Vailwill result in new
employees being needed for uses in the new buildings and for the maintenance of the new
buildings;
WHEREAS, there is a substantial, direct, and rational connection between the need for
housing of employees generated by new commercial development and redevelopment and
the requirements for the provision of employee housing, as documented in the report entitled,
"Town of Vail NexudProportionalitv Analvsis for Emplovee Housinq Mitiqation Proqrams,"
prepared for the Town by RRC Associates, Inc., dated March 12,2007, a copy of which is on
file with the Town Clerk and available for public inspection;
WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial
of the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the
Zoning Regulations;
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new commercial
developments and redevelopments which have a nexus to new job generation;
WHEREAS, it is the Town Council's goal to provide housing for at least thirty percent
(30%) of the net new employees generated from residential and commercial development in
the Town through the conjunctive efforts of this ordinance and the Town's inclusionary zoning
ordinance: and
WHEREAS, the Town Councilfinds and
welfare will be served by adopting regulations
employee housing in the Town of Vail.
determines that the public health, safety, and
which require mitigation of such impacts on
NOW, THEREFORE, BE lT ORDAINED BY THE Town Council of the TOWN OF
VAIL, COLORADO, THAT:
21
SECTION 1. SECTION 12.2-2 OF THE VAIL TOWN CODE IS HEREBY AMENDED
BY THE ADDITION OF THE FOLLOWING DEFINITIONS:
COMMERCIAL DEVELOPMENT: Any development that includes uses
such as business offices, professional offices, accommodation units, general
retail, grocery, liquor and convenience, recreational amenity, real estate offices,
conference facilities, health clubs, eating and drinking establishments, service
oriented businesses, or similar uses.
COMMERCIAL LINKAGE: An obligation that requires developers to
provide housing for a certain number of new employees that are generated by a
new commercial development, focusing solely on a development's impact as
related to employee generation and not taking into account secondary impacts.
CONFERENCE FACILITY: A facility used for conferences, conventions,
seminars, banquets, and entertainment functions, along with accessory
functions such as lobbies, pre-convene areas, and exhibition space.
DEED RESTRICTION: A permanent restriction on the use, occupancy
and transfer of real property that runs with the land and is recorded against the
property in the Eagle County Clerk and Recorder's office.
DEVELOPM ENT: The construction, improvement, alteration, installation,
erection, or expansion of any building, structure or other improvement in the
Town.
DORMITORY UNIT: A type of employee housing unit which houses not
more than five (5) persons and includes common kitchen facilities, a common
bathroom, and a minimum of two hundred fifty (250) square feet of GRFA for
each person occupying the unit.
EMPLOYEE: A person who works an average of thirty (30) hours per
week or more on a yeat round basis at a business located in Eagle County.
NEXUS STUDY: A report, prepared at the request of the Town Council,
updated at least every five (5) years or more often if deemed necessary by the
Town Council, analyzing the current and future employee housing needs
resulting from new development and redevelopment in the Town.
OFF-SITE: A location within the boundaries of the Town other than the
site on which the commercial development is located.
REAL ESTATE OFFICE: An office for the purpose of conducting real
estate transactions and/or property management.
REDEVELOPMENT: The construction, improvement, alteration,
installation, erection, expansion or change in use of any existing building,
structure or other improvement in the Town that results in an increase in net
floor area or GRFA.
22
SPA: A commercial establishment providing services including
massage, body or facial treatments, make-up consultation and application,
manicures, pedicures and similar services, but excluding beauty and barber
shops.
SECTION 2. TITLE 12OF THE VAIL TOWN CODE IS HEREBY AMENDED BY THE
ADDITION OF THE FOLLOWING NEW CHAPTER 23, ENTITLED COMMERCIAL
LINKAGE:
CHAPTER 23: COMMERCIAL LINKAGE
12-23-1: PURPOSEANDAPPLICABILITY:
A. The purpose of this Chapter is to ensure that new commercial
development and redevelopment in the Town provide for a reasonable amount
of employee housing to mitigate the impact on employee housing caused by
such commercial development and redevelopment.
B. Except as provided in Section 12-23-5, this Chapter shall apply to
all new commercial development and redevelopment located within the
following zone districts:
',. HIGH DENSTTY MULTIPLE FAMILY (HDMF);
2. PUBLTC ACCOMMODATTON (PA);
3. PUBLTC ACCOMMODATTON 2 (PAzl;
4. COMMERCTAL CORE I (CC1);
5. COMMERCTAL CORE 2 (CCzl;
6. COMMERCTAL CORE 3 (CC3);
7. COMMERCTAL SERVTCE CENTER (CSC);
8. ARTERTAL BUSTNESS (ABD);
9. GENERAL USE (GU);
10. HEAVY SERVTGE (HS);
11. LTONSHEAD M|XED USE 1 (LMUI);
12. LTONSHEAD M|XED USE 2 (LMU2);
13. SKI BASETRECREATTON (SBR);
14. SKTBASETRECREATTON 2 (SBR2);
15. PARKING DISTRICT (P); AND
16. SPECTAL DEVELOPMENT (SDD).
23
C. The requirements of this Chapter shall be in addition to all other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control.
24
12.23-2: EMPLOYEE GENERATION AND MITIGATION RATES:
A. The employee generation rates found in Table 23-1, Employee
Generation Rates By Type of Commercial Use, shall be applied to each type of
use in a commercial development. For any use not listed, the Administrator
shall determine the applicable employee generation rate by consulting the
Town's current nexus study.
TABLE 23.1
EMPLOYEE GENERATION RATES
COMMERCIAL USE
BY TYPE OF
Type of Use Employee Generation Rates
Retail Store/Personal
Service/Repair Shop
2.4 Employees per 1,000 feet of
new net floor area
Business Office and
Professional Office (excluding
Real Estate Office)
3.2 Employees per 1,000 feet of
new net floor area
Accommodation UniUlimited
Service Lodge Unit
0.7 Employees per net new units
Real Estate Office 5.1 Employees per 1,000 feet of
new net floor area
Eating and Drinking
Establishment
6.75 Employees per 1,000 feet of
new net floor area
Conference Facility 0.8 Employees per 1,000 feet of
new net floor area
Health Club 0.96 Employees per 1,000 feet of
new net floor area
spa 2.1 Employees per 1,000 feet of
new net floor area
B. lf an applicant submits competent evidence that the employee
generation rates contained in Table 23-1 or the nexus study do not accurately
reflect the number of employees generated by the proposed commercial
development or redevelopment and the Administrator finds that such evidence
warrants a deviation from those employee generation rates, the Administrator
shall allow for such a deviation as the Administrator deems appropriate.
C. Each commercialdevelopment or redevelopment shall mitigate its
impact on employee housing by providing EHUs for twenty percent (20%) of the
empfoyees generated, pursuant to Table 23-1, or the nexus study, in
accordance with the requirements of this Chapter. For example, for a
development proposing 2,500 square feet of new net floor area for an eating
and drinking establishment, the equation would be as follows:
(2,500 square feet + 1,000 square feet) x (6.75)) = 16.875 new
employees generated
16.875 new employees generated x 20% = 3.375 employees to be
housed
12-23-3: SIZE AND BUILDING REQUIREMENTS:
A. Table 23-2, Size of Employee Housing Units, establishes the
minimum size of EHUs and the number of employees that can be housed in
each. All EHUs shall meet or exceed the minimum size requirements.
TABLE 23.2
SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum
Size (GRFA)
Number of
Employees
Housed
Dormitory 250 1
Studio 438 1.25
One-Bedroom 613 1.75
Two-Bedroom 788 2.25
Three-Bedroom 1225 3.5
B. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. Alltrash facilities shall be enclosed.
D. Parking shall be provided as required by this Title.
E. Each EHU shall have its own entrance. There shall be no interior
access from any EHU to any dwelling unit to which it may be attached.
F. EHUs shall not be included in the Town's calculations for density
control.
G. Every EHU shall be allowed three hundred (300) square feet of
additional garage area. Any EHU that does not have a garage shall include a
26
minimum of an additional seventy five (75) square feet for storage in addition to
normalcloset space.
12-234: REDEVELOPMENT:
Employee housing impacts need only be mitigated for a redevelopment
that results in a greater number of employees generated from an increase in net
floor area, or an increase in the number of accommodation units or limited
service lodge units in the redevelopment; provided however, that if any existing
EHUs are to be removed, an equal amount of EHUs shall be replaced in
addition to the other requirements of this Chapter.
12-23-5: EXEMPTIONS:
The following shall be exempt from this Chapter:
1. The redevelopment of existing commercial development, if no new
net floor area, accommodation units, or limited service lodge units are created;
and
2.
12-23-6:
The construction of EHUs.
METHODS OF MITIGATION:
A. The mitigation of employee housing required by this Chapter shall
be accomplished through one of the following methods:
1. On-site units.
a. The requisite number of EHUs, or a portion thereof,
may be constructed on-site, provided that all on-site EHUs are
deed restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide on-site
dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sole
discretion, may accept dormitory units as a method of mitigation.
2. Conveyance of property on-site. An applicant may convey
on-site real property to the Town on which no covenants, restrictions or
issues exist that would limit the construction of EHUs. at the sole
discretion of the Town Council.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof,
may be provided off-site within the Town, provided that such
EHUs are deed restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide off-site
dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sole
discretion, may accept dormitory units as a method of mitigation.
4. Payment of fees-in-lieu. The Planning and Environmental
Commission may approve payment of a fee-in-lieu for each employee to
be housed, or a portion thereof, required by this Chapter.
a. The fee-in-lieu for each employee to be housed shall
be established annually by resolution of the Town Council,
provided that, in calculating that fee, the Town Council shall
include the net cost (total cost less the amount covered by rental
or sale income) of real property and all related planning, design,
site development, legal, construction and construction
management costs of the project, in current dollars, which would
be incurred by the Town to provide housing for the employee to
be housed in that year.
b. An administrative fee, established by resolution of
the Town Council, shall be added to the amount set forth in
paragraph a hereof.
c. Fees-in-lieu shall be due and payable prior to the
issuance of a building permit for the development.
d. The Town shall only use monies collected from fees-
in-lieu to provide new employee housing.
5. Conveyanee of property off-site. The Town Council may, at
its sole discretion, accept the conveyance of propefi off-site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions
or issues exist on such propefi that would limit the construction of EHUs.
B. Partialfees-in-lieu shall be paid when the calculation to determine
the number of employees generated under this Chapter results in a fractional
number of employees.
12-23-72 MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed or acquired
in anticipation of future commercial development or redevelopment, provided
that those EHUs meet all applicable requirements of this Title. However, the
construction or acquisition of EHUs in anticipation of future development is at
the sole risk of the applicant, because the commercial development shall be
subject to all regulations pertaining to EHUs which are in effect at the time the
application for commercial development review is submitted to the Town, even
if those regulations change after the EHUs are constructed.
B. lt shall be the applicant's responsibility to provide documentation
of any existing EHU credit upon submission of an application for development
28
review. lf the applicant cannot adequately document such
shall not be obligated to provide such credit.
12-23-8= ADMINISTRATION:
A. Each application for development review
employee housing plan or statement of exemption.
credits. the Town
shall include an
B. An employee housing plan shall include the following:
1. Calculation Method. The calculation of employee
generation, including credits if applicable, and the mitigation method by
which the applicant proposes to meet the requirements of this Chapter;
2. Plans. A dimensioned site plan and architectural floor plan
that demonstrates compliance with Section 12-23-3, Size and Building
Requirements;
3. Lot Size. The average lot size of the proposed EHUs and
the average lot size of other dwelling units in the commercial
development or redevelopment, if any;
4. Schedules. A timeline for the provision of any off-site
EHUs:
5. Off-Site Units. A proposal for the provision of any off-site
EHUs shall include a brief statement explaining the basis of the proposal;
6. Off-Site Conveyance Request. A request for an off-site
conveyance shall include a brief statement explaining the basis for the
request;
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief statement explaining the basis of the proposal; and
8. Written Narrative. A written narrative explaining how the
employee housing plan meets the purposes of this Chapter and complies
with the Town's Comprehensive Plan.
C. The Planning and Environmental Commission shall approve,
approve with modifications or deny an employee housing plan unless the plan is
located within a Special Development District or includes a request to convey
property, in which case the Town Council shall approve, approve with
modifications, or deny the employee housing plan.
D. lf modifications to a submitted application for development review
changes the obligations of the applicant under this Chapter, the applicant shall
submit a modified employee housing plan. A modification to an employee
housing plan shall be reviewed by the body that reviewed the initial employee
housing plan.
29
E. An approved employee housing plan shall become part of the
approved application for development review for the affected site.
12-23-9: OCCUPANCY AND DEED RESTRIGTIONS:
A. No EHU shall be subdivided or divided into any form of timeshare
unit or fractional fee club unit.
B. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHU shall be continuously rented and shall not remain vacant
for a period in excess of three (3) consecutive months unless, despite
reasonable and documented efforts to rent, rental efforts are unsuccessful.
E. No later than February 1 of each year, the owner of an EHU shall
submit a sworn affidavit on a form provided by the Town to the Town of Vail
Comm u n ity Development Depqrtment containing the following information:
1. Evidence to establish that the EHU has been occupied
throughout the year by an employee;
2. The rental rate;
3. The employer; and
4. Evidence to demonstrate that at least one tenant residing in
the EHU is an employee.
12-23-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a temporary certificate of occupancy for the affected commercial
development or redevelopment.
12-23-11: VARIANGES:
Variances from the requirements of this Chapter may be granted
pursuant to the procedures and standards set forth in Chapter 17 of this Title.
12-23-12: REVIEW:
A. Purpose. The Town Gouncil intends that the application of this
Chapter not result in an unlawful taking of private property without the payment
of just compensation, and therefore, the Town Council adopts the review
procedures set forth in this Section.
B. Planning and Environmental Commission review. Any applicant
for commercial development who feels that the application of this Chapter
would effect an unlawful taking may apply to the Planning and Environmental
Commission for an adjustment of the requirements imposed by this Chapter. lf
the Planning and Environmental Commission determines that the application of
this Chapter would result in an unlawful taking of private proper$ without just
compensation, the Planning and Environmental Commission may alter, lessen,
or adjust employee housing requirements as applied to the particular project
under consideration to ensure that there is no unlawful uncompensated taking.
C. Town Council review. lf the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may request
a hearing before the Town Council. Such hearing shall be a quasi-judicial
hearing and conducted according to the Town's rules and regulations regarding
quasi-judicial hearings. At such hearing, the burden of proof shall be on the
applicant to establish that the fulfillment of the requirements of this Chapter
would effect an unconstitutional taking without just compensation pursuant to
applicable law. lf the Town Council determines that the application of this
Chapter would effect an illegal taking without just compensation, the Town
Council may alter, lessen, or adjust the employee housing requirements as
applied to the particular project under consideration to ensure that no illegal
uncompensated taking occurs. The decision of the Town Council shall be final,
subject only to judicial review.
Section 3. lf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 13th day of March, 2007 and a public
hearing for second reading of this Ordinance set for the 3'o day of April, 2007, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
3'o day of April, 2007.
3'l
ATTACHMENT F - Ordinance No. 8, Series of 2007 (lnclusionary Zoning)
ORDINANCE NO.8
SERIES 2OO7
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SEGTION 12.2.
2, AND THE ADOPTION OF A NEW CHAPTER 24, ENTITLED
INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail has experienced a decrease in population during the past
ten years due to market conditions that have given homeowners incentive to sell their
properties;
WHEREAS, during that period of time, housing costs in the Town of Vail have
increased at a much higher rate than income has increased;
WHEREAS, local residents own only approximately thirty-two percent (32%) of all
homes in the Town of Vail, and only twenty-two percent (22%) of those homes that were built
in 2005;
WHEREAS, it is estimated that forty-seven percenl (47%l of households in the Town
of Vail earned less than one hundred percent (100%) of the area median income ($67,200 for
an average two-person family) in 2006;
WHEREAS, there are virtually no homes in the Town's housing market that are
potentially affordable to households earning less than one hundred forty percent (140%) of
the area median income ($89,600 for an average two-person family);
WHEREAS, there is a scarce supply of developable land in the Town of Vail;
WHEREAS, through the Vail 2020 Strategic Planning Process, the community has
identified employee housing as one of the highest priority issues for the Town to address;
WHEREAS. there is a substantial, direct, and rationalconnection between the need for
employee housing generated by new residential development and redevelopment and the
requirements for the provision of employee housing, as documented in the report entitled,
"Town of Vait Nexus/Proportionalitv Analvsis for Emplovee Housina Mitiaation Proamms,"
prepared for the Town by RRC Associates, Inc., dated March 12,2007, a copy of which is on
file with the Town Clerk and available for public inspection;
WHEREAS, on March 12,2OO7,the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial
of the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the
Zoning Regulations of the Town of Vail;
32
WHEREAS, new residential development and redevelopment in the Town will result in
new employees being needed for uses in the new buildings and for the maintenance of the
new buildings;
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new residential
developments and redevelopments which have a nexus to new job generation and an impact
on housing units availabb to local employees;
WHEREAS, it is the Town Council's goal to provide housing for at least thir$ percent
(30%) of the new employees generated from residential and commercial development in the
Town through the conjunctive efforts of this ordinance and the Town's commercial linkage
ordinance; and
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by adopting regulations which require mitigation of such impacts on
employee housing in the Town of Vail.
NOW, THEREFORE, BE lT ORDAINED BY THE Town Council of the TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. SECTION 12-2-2 OF THE VAIL TOWN CODE IS HEREBY AMENDED
BY THE ADDITION OF THE FOLLOWING DEFINITIONS:
INCLUSIONARY ZONING: A zoning obligation based on the
community's need for employee housing considering many factors and
secondary impacts, including scarcity of developable land; rising home values;
inadequate availability of employee housing in the market; and direct employee
generation impacts.
REMODELING: The alteration or renovation of the interior only of an
existing residential dwelling unit in the Town of Vail, without any increase in
GRFA.
RESIDENTIAL DEVELOPMENT: A DEVELOPMENT THAT
INCLUDES AT LEAST ONE DWELLING UNIT, INCLUDING SINGLE.FAMILY
DWELLINGS, TWO.FAMILY DWELLINGS, MULTIPLE FAMILY DWELLINGS,
FRACTIONAL FEE CLUB UNITS, LODGE DWELLING UNITS, ATTACHED
ACCOMMODATION UNITS, AND TIMESHARE UNITS.
SECTION 2. TITLE 12OF THE VAIL TOWN CODE IS HEREBY AMENDED BY THE
ADDITION OF THE FOLLOWING NEW CHAPTER 24:
CHAPTER 24: INCLUSIONARY ZONING
12-24-1: PURPOSEANDAPPLICABILITY:
A. The purpose of this Chapter is to ensure that new residential
development and redevelopment in the Town of Vail provide for a reasonable
amount of employee housing to mitigate the impact on employee housing
caused by such residential development and redevelopment.
B. This Chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided in
Section 12-24-5:
1. H|GH DENSITY MULTIPLE FAMILY (HDMF);
2. PUBLTC ACCOMMODATION (PA);
3. PUBLTC ACCOMMODATION 2(PA2l;
4. COMMERCIAL CORE I (GC1);
5. COMMERCIAL CORE 2 (CC2l;
6. COMMERCIAL CORE 3 (CC3);
7. COMMERCIAL SERVICE CENTER (CSC);
8. ARTERIAL BUSINESS (ABD);
9. GENERAL USE (GU);
r0. HEAVY SERVIGE (HS);
11. LIONSHEAD MIXED USE 1 (LMUI);
12. LIONSHEAD MIXED USE 2 (LMU2);
13. SKIBASE/REGREATION(SBR);
14. SKTBASE/RECREATION 2 (SBR2);
15. PARKING DISTRIGT (P); AND
16. SPECIAL DEVELOPMENT (SDD).
C. The requirements of this Chapter shall be in addition to all other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control.
12-24-2: EMPLOYEEHOUSINGREQUIREMENTS:
Every residential development and redevelopment shall be required to
mitigate its direct and secondary impacts on the Town by providing employee
housing at a mitigation rate of ten percent (10olo) of the total new GRFA. For
example, for a development proposing 5,500 square feet of new GRFA, the
calculation would be as follows:
5,500 square feet of new GRFA x 10% mitigation rate = 550
square feet of employee housing to be provided
12-24-3: BUILDING REQUIREMENTS:
A. Table 24-1, Size of Employee Housing Units,
minimum size requirements for EHUs under this Chapter. All
or exceed the minimum size requirements.
establishes the
EHUs shall meet
TABLE 24.1
SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum Size (GRFA)
Dormitory 250
Studio 438
One-Bedroom 613
Two-Bedroom 788
Three-Bedroom 1225
B. Every EHU shall contain a kitchen facility or kitchenefte and a
bathroom.
C. Alltrash facilities shall be enclosed.
D. Parking shall be provided as required by this Title.
E. Each EHU shall have its own entrance. There shall be no interior
access from any EHU to any dwelling unit to which it may be aftached.
F. EHUs shall not be included in the Town's calculations for density
control.
G. Every EHU shall be allowed three hundred (300) square feet of
additional garage area. Any EHU that does not have a garage shall include a
minimum of an additional seventy five (75) square feet for storage in addition to
normal closet space.
12-244= REDEVELOPMENT:
Employee housing need only be provided for the increase in the GRFA of
a redevelopment; provided however, that if any existing EHUs are to be
removed, an equal amount of EHUs shall be replaced in addition to other
requirements of this Chapter.
12-24-5: EXEMPTIONS:
The following shall be exempt from this Chapter:
1. The remodeling of an existing dwelling unit;
2. The replacement of a demolished residential development,
provided the replacement structure does not exceed the total GRFA of the
original structure; and
3. The construction of EHUs.
12-24-6= METHODS OF MITIGATION:
The mitigation of employee housing required by this Chapter may be
accomplished through one of the following methods:
1. On-site units.
a. The requisite number of EHUs, or a portion thereof, may be
constructed on-site, provided that all on-site EHUs are deed restricted in
accordance with this Chapter.
b. At the sole discretion of the Planning and Environmental
Commission, an applicant may provide on-site dormitory units, unless the
application is for a Special Development District, in which case, the Town
Council, in its sole discretion, may accept dormitory units as a method of
mitigation.
2. Conveyance of property on-site. An applicant may convey on-site
real property to the Town of Vail on which no covenants, restrictions or issues
exist that would limit the construction of EHUs, at the sole discretion of the
Town Council.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof, may be
provided off-site within the Town, provided that such EHUs are deed
restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and Environmental
Commission, an applicant may provide off-site dormitory units, unless
the application is for a Special Development District, in which case, the
Town Council, in its sole discretion, may accept dormitory units as a
method of mitigation.
4. Payment of fees-inlieu. The Planning and Environmental
Commission may approve payment of a fee-in-lieu for each square foot of
employee housing required by this Chapter.
a. The fee-in-lieu for each square foot shall be established
annually by resolution of the Town Council, provided that in calculating
that fee, the Town Council shall include the net cost (total cost less the
amount covered by rental or sale income) of real property and all related
planning, design, site development, legal, construction and construction
management costs of the project, in current dollars, which would be
incurred by the Town to provide the square feet in that year.
b. An administrative fee, established by resolution of the
Town Council, shall be added to the amount set forth in paragraph a
hereof.
c. Fees-inlieu shall be due and payable prior to the issuance
of a building permit for the development.
d. The Town shall only use monies collected from the fees-in-
lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Council may, at its
sole discretion, accept a conveyance of real property off-site in lieu of requiring
construction of EHUs, provided that no covenants, restrictions or issues exist on
the property that would limit the construction of EHUs.
12-24-7 MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed or acquired
in anticipation of future residential development or redevelopment, provided that
those EHUs meet all applicable requirements of this Chapter. However, the
construction or acquisition of EHUs in anticipation of future development is at
the risk of the applicant, because the residential development shall be subject
to all regulations pertaining to EHUs which are in effect at the time the
application for development review is submitted to the Town, even if those
regulations change after the EHUs are constructed.
B. lt shall be the applicant's responsibility to provide documentation
of any existing EHU credits upon submission of an application for development
review. lf the applicant cannot adequately document such credits, the Town
shall not be obligated to provide such credits.
12-24-8= ADMINISTRATION:
A. Each application for development review shall include an
employee housing plan or statement of exemption.
B. An employee housing plan shall include the following:
1. Calculation Method. The calculation of the inclusionary
zoning requirement, including credits if applicable, and the mitigation
method by which the applicant proposes to meet the requirements of this
Chapter;
2. Plans. A dimensioned site plan and architectural floor plan
that demonstrates compliance with Section 12-24-3, Building
Requirements;
3. Lot Size. The average lot size of the proposed EHUs and
the average lot size of other dwelling units in the commercial
development or redevelopment, if any;
37
4. Schedules. A timeline for the provision of any off-site
EHUs;
5. Off-Site Units. A proposal for the provision of any off-site
EHUs shall include a brief statement explaining the basis of the proposal;
6. Off-Site Conveyance Request. A request for an off-site
conveyance shall include a brief statement explaining the basis for the
request; and
7. Fees-in-lieu. A proposalto pay fees-in-lieu shall include a
brief statement explaining the basis of the proposal.
8. Written Narrative. A written narrative explaining how the
employee housing plan meets the purposes of this Chapter and complies
with the Town's Comprehensive Plan.
C. The Planning and Environmental Gommission shall approve,
approve with modifications, or deny an employee housing plan unless the plan
is located within a Special Development District or includes a request to convey
property, and then the Town Council shall approve, approve with modifications,
or deny the employee housing plan.
D. lf modifications to a submitted application for development review
changes the obligations of the applicant under this Chapter, the applicant shall
submit a modified employee housing plan. A modification to an employee
housing plan shall be reviewed by the body that reviewed the initial employee
housing plan.
E. An approved Employee Housing Plan shall become part of the
approved application for development review for the affected site.
12-24-9: OCCUPANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided or divided into any form of timeshare
unit or fractional fee club unit.
B. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHU shall be continuously rented and shall not remain vacant
for a period in excess of three (3) consecutive months unless, despite
reasonable and documented efforts to rent, rental efforts are unsuccessful.
E. No later than February 1 of each year, the owner of eain eHU
shall submit a sworn affidavit on a form provided by the Town with the following
information:
1. Evidence to establish that the EHU has been rented or
owner occupied throughout the year;
2. The rentalrate:
3. The employer; and
4. Evidence to demonstrate that at least one tenant residing in
the EHU is an employee at a business located in Eagle County.
12-24-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a temporary certificate of occupancy for the affected residential
development.
12-24-11: VARIANCES:
Variances from the requirements of this Chapter may be granted
pursuant to the procedures and standards set forth in Chapter 17 of this Title.
12-24-12: REVIEW:
A. Purpose. The Town Council intends that the application of this
Ghapter not result in an unlawfultaking of private property without the payment
of just compensation, and therefore, the Town Council adopts the review
procedures set forth in this Section.
B. Planning and Environmental Commission review. Any applicant
for residential development who feels that the application of this Chapter would
effect an unlavvful taking may apply to the Planning and Environmental
Commission for an adjustment of the requirements imposed by this Chapter. lf
the Planning and Environmental Commission determines that the application of
this Chapter would result in an unlawful taking of private property without just
compensation, the Planning and Environmental Commission may alter, lessen,
or adjust employee housing requirements as applied to the particular project
under consideration to ensure that there is no unlawful uncompensated taking.
C. Town Council review.lf the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may request
a hearing before the Town Council. Such hearing shall be a quasi-judicial
hearing and conducted according to the Town's rules and regulations regarding
quasi-judicial hearings. At such hearing, the burden of proof shall be on the
applicant to establish that the fulfillment of the requirements of this Chapter
would effect an unconstitutional taking without just compensation pursuant to
applicable law. lf the Town Council determines that the application of this
Chapter would effect an illegal taking without just compensation, the Town
Council may alter, lessen, or adjust the employee housing requirements as
applied to the particular project under consideration to ensure that no illegal
uncompensated taking occurs. The decision of the Town Council shall be final,
subject only to judicial review.
Section 3. lf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safeg and welfare of the Town of Vail and
the inhabitants thereof
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 13th day of March, 2007 and a public
hearing for second reading of this Ordinance set for the 3rd day of April, 2007, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
3d day of April, 2007.
40
ATTACHMENT G - Resolution 10, Series of 2007 (Payment of Fees-ln-Lieu)
RESOLUTION NO. 1O
Series of 2007
A RESOLUTION ESTABLISHING THE 2OO7 PAYMENT OF FEES-IN-LIEU FOR EACH EMPLOYEE
TO BE HOUSED, AS REQUIRED BY CHAPTER12-23, COMMERCIAL LINKAGE, AND FOR EACH
SQUARE FOOT, AS REQUIRED BY CHAPTER 12-24,INCLUSIONARY ZONING, VAIL TOWN
CODE;AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on April 3,2007, the Vail Town Council will consider the adoption of Ordinance
Nos. 7 & 8, Series of 2007, with the intent of establishing Commercial Linkage and Inclusionary
Zoning requirements in the Town of Vail; and
WHEREAS, pursuant to Sections 12-23-5 and 12-24-6, Methods of Mitigation, payment of
fees-in-lieu is one of five (5) methods by which the mitigation of employee housing required may be
accomplished; and
WHEREAS, in accordance with Sections 12-23-5 and 12-24-6, the feesjn-lieu for each
employee to be housed and for each square foot of employee housing required shall be established
annually by resolution of the Vail Town Council; and
WHEREAS, the Vail Town Council has determined that the proposed fee-in-lieu amounts
accurately reflect the affordabillty gap between a two person household earning 12oo/o of lhe Area
Median Income (AMl) and the 2006 Median Cost per Unit; and
WHEREAS, the Vail Town Council finds that this Resolution furthers the development
objectives of the Town and is in the best interest of the Town as it promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances the availability of
employee housing within the Town of Vail.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. Establishment of Fees-in-Lieu
a. The fees-in-lieu for each employee to be housed or for each square foot
of employee housing provided in accordance with Chapters 12-23, Commercial
Linkage, and 12-24, Inclusionary Zoning, shall be established annually by
resolution of the Town Council, provided that, in calculating that fee, the Town
Council shall include the net cost (total cost less the amount covered by rental
or sale income) of real property and all related planning, design, site
development, legal, construction and construction management costs of the
project, in current dollars, which would be incurred by the Town to provide
housing for the employee to be housed or for each square foot of employee
housing provided in that year;
b. An administrative fee of $3,000/per employee or $3.65 per square foot
shall be added to the amount set forth in paragraph a hereof.
c. Fees-in-lieu shall be due and payable prior to the issuance of a building
permit for the development.
41
d. The Town shall only use monies collected from fees-in-lieu to provide
new employee housing.
The calculation formula for fee-in-lieu has been aftached for reference (Exhibit A).
2. 2007 Paym€nt of Fees-in-Lieu Amounts
a. Fee-in-lieu peremployee (commercial linkage) = $131,385
b. Fee-in-lieu per square foot (inclusionary zoning) = $236.65
3. Effective Date of the Resolution
This resolution shall become effective upon the adoption of Ordinance Nos. 7 & 8,
Series of 2007, more commonly refened to as the ordinances establishing Commercial
Linkage and Inclusionary Zoning in the Town of Vail.
INTRODUCED, READ, APPROVED AND ADOPTED this 3d day of Aprll, 2007.
42
ATTACHMENT H - Notice
THIS ITEII MAYAFFECTYOUR PROPERW
PUBLIC NOTICE
NOTICE lS HERFBY GIVEN that the Planning and Environmentsl Cornmiesion of the
Town of Vail will hold a public hearirg in accordane with eeciion t2-3{, Vail Tovrn
Code, on Norenrber 28, 2007r at l:fl! pm in the Torn of Vail Municipal Buihir€, in
considerat'ron of:
A request br a ftnal review of a conditbnal us€ permit, puruuant to $eotion 12-7H4, -^ilP
Permiffed and Gonditional Ueea, Second Floor and Aborre, Vail Town Code, to allow for$[_g.4
a hjsiness office (real estab office) locatred al 715 Lionshead Circle (Vail Maniotl $\tt- {
Mountain Reeort and SpalLot 1, Weet Day Subdivieion, and setting forth dehils in ' Y
regard$er€to. (PEC074066)Applicsrl Diarnond Rock Hospitalig Company, regresent€d by Robe* Foss
Plannen Nicole Peterson
The aplications and information about lfre pmposals are available for public inepectlon
during offoe hours al the Town of Vail Commmity Development Department, 75 South
Frontaga. Road. The pLblic is invibd to attend project orientation and the sit€ visits thst
precede the public headrg in the Toivn of Vail Community Dovelopment Deparfnent.
Pleas€ call 970-+7S2138 for additional information.
Sign l*nguage int€rpretatim is available upon request, with Z4-hour notifixtion. Please
cal 970-479-2356, Telephone for the Hearing lmpaired, for information.
Pub[shed November 9, 2007, in thA Vail Dafly.
43
ATTACHMENT B
*m
PLANNING AND ENVIRONMENTAL COMMISSION
November 26,2007
1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT
Michael Kurz
Anne Gunion
David Viele
Scott Proper
Rollie Kjesbo
Bill Pierce- departed after items 1 and 3 were heard
Site Visits:
1. Rams Horn Lodge - 416 Vail Valley Drive
2. Cornerstone - 1276 Westhaven Drive
Driver: Wanen
Please note: Times of items are approximate and subject to change-
10 minutes
1. A request for a final review of a conditional use permit, pursuant to Section 12-7H4, Permitted and
Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (real
estate office) located at 715 Lionshead Circle (Vail Marriott Mountain Resort and Spa)/Lot 1,\ /bd
Day Subdivision, and setting forth details in regard thereto. (PEC07-0066)
Applicant: Diamond Rock Hospitality Company, represented by Robert Foss
Planner: NicolePeterson
ACTION: Approved with condition(s)
MOTION: Kjesbo
GONDTTTON(S):
SECOND: Proper VOTE: 5-0-1 (Viele recused)
1. This conditional use permit for a temporary business office (real estate office), shall lapse
and become void 3 years from the date of approval or at the time of the temporary certificate
of occupancy issuance for the Rik-Carlton (currently under construction at 728 West
Lionshead Circle) whichever occurs first. Within 30 days from the ceasing date, the
applicant shall complete the restoration of the two accommodation units (rooms 605 & 607)
to their original form.
2. The applicant shall obtain a separate sign permit from the Community Development
Department, for any and all proposed signs associated with the proposed business office
(real estate office).
3. The applicant shall submit the employee mitigation housing fee in lieu, in the amount of
$89,184.14, or provide another method of mitigation, prior to issuance of a building permit.
CommissionerViele recused himself from the item as he is involved in the possible construction of the
proposed changes.
Nicole Peterson gave a presentation per Staffs memorandum. She clarified certain revisions made to
the application and review since completion of the memo.
There was no public comment.
The Commissioners expressed their support of the application.
MEMBERS ABSENT
Attachment C
MEDIAADVISORY
December 4, 2007
Contact: CoreySwisher,4T9-2106
Town Manager's Office
VAIL TOWN COUNCIL HIGHLIGHTS FOR DECEMBER 4' 2OO7
Work Session Briefs
Council members present: Cleveland, Daly, Foley, Gordon, Hitt, Newbury' Rogers
-Discussion of Real Eslate Transfer Tax (RETT) Use
Town Attorney Matt Mire presented the history and evolution of the Real Estate Transfer
Tax, including advice from outside legal counsel indicating that Council is able to further
amend the real estate transfer tax ordinance to alter the purposes for which the funds
may be used. The Council was presented with the S-year revenue and expense
projections for the RETT fund, as well as a 1Q-year history of RETT collections. Finance
Director Judy Camp explained that the redevelopment in recent years has resulted in
higher-than-normal collections. Prior lo redevelopment, RETT collections averaged $3M
annually. This revenue is used for annual recreation, park and path maintenance of
approximately $2M. The remaining funds are used toward other capital projects relating
to parks, recreation, open space and environmental sustainability. Margaret Rogers
asked that Council consider using RETT funds for employee housing. Council did not
direct staff to pursue additional discussions at this time. For details, contacl Camp at
479-2119.
-Town Council training in legal and practical issues in Quasi-Judicial Proceedings,
reducing lhe risks of liability and Council's role in the development review process
Colorado Insurance Risk Sharing Agency (CIRSA) representative Tami Tanoue
explained several relative issues surrounding Council's role as elected officials. Tanoue
outlined: liability; town insurance coverage; official responsibilities; open meetings; and
ex parte contacts.
Representing the Vail Village Homeowners'Association, Jim Lamont asked for
legitimate access to Council as negotiations were taking place. For details, contact Matt
Mire at 479-2460.
-Planning and Environmental Commission (PEC) /Design Review Board (DRB) Update
During a review of the most recent meetings of the PEC and DRB, Chief of Planning
Warren Campbell answered questions regarding the latest proposals to go before the
two boards. Newbury moved to call up ltem No. 1 on the November 26 PEC Agenda
(allowing business offices in the Vail Marriott Mountain Resort and Spa) with Foley
seconding. Due to a predetermined conflict of interest (Vail Resorts affiliation), Gordon
recused himself ftom the vote. The motion passed 5-1, Rogers opposed. For details'
contacl Campbell at 479-2148.
-Discussion of the first reading of Ordinance 33, Series of 2007, an Ordinance to enact
prescribed regulation amendments to Title 12, Vail Town Code, to require public art for
certain new development and redevelopment projects in Lionshead Mixed Use 1,
Lionshead Mixed Use 2, Public Accommodations, Public Accommodations 2,
Commercial Core 1 , Commercial Core 2, Commercial Core 3, Ski Base Recreation, and
Ski Base Recreation 2
Attachment D
THIS ITEM MAY EFFECTYOUR PROPERW
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing
in accordance with Section 12-3-3, Vail Town Code, on Tuesday, January 8, 2008, at 6:00 PM
in the Town of Vail Municipal Building, in consideration of:
ITEM/TOPIC:
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and
Environmental Commission's approval of a request for a final review of a conditional use permit,
pursuantto Section 12-7H4, Permitted and Conditional Uses, Second FloorandAbove, Vail Town
Code, to allow for a business office (real estate office) located at 714 West Lionshead Circle (Vail
Maniott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth details in regard
thereto. (PEC07-0066)
Appellant: Diamond Rock Hospitality Company, represented by Robert Foss
Planner: Nicole Peterson
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Communig Development Department, 75 South Frontage
Road. The public is invited to attend project orientation and the site visits that precede the public
hearing in the Town of Vail Community Development Department. Please call (970) 479-2138for
additional information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing lmpaired, for information.
".ilr::#yl#ff
,,."Yfi :?'':$ffi :,r#:li,'f,:f i8l,*,
Preparcd by MTR|P, May 17,2007
This report summarizes selected results of the Vail Lodging Occupancy forecast as of April 30, 2007. The Vail
Lodging Occupancy Forecast provides data on booking patterns at Vail lodging propeilies, for both historic
months and the fonrard-looking 6 monlhs, and as such provirJes a barometer and advance indicator of ovemight
stays in Vail.
t Studv methodoloov: Seventeen Vail lodging properties, representing approximately 1,71 1 rooms,
parlicipated in this month's lodging occupancy suruey:
Antlers al Vail
Destination Resorts Vail
Evergreen Lodge
Lion Square Lodge
Lodge at Lionshead
Montaneros
Peak Prooerties lnc.
Sonnenalp Resort of Vail
The Lodge at Vail
Vail Cascade Condominiums
Vail Cascade Resorl & Spa
Vail Inlernational Condominiums
Vail Maniotl Mountain Resort and Spa
Vail Mountain Lodge
Vail Racouel Club
Vail Spa Gondominiums
Westwind at Vail
The lodging occupancy survey permits comparisons of lodging activity this yearto the same point in time
last year, allowing for "pacing' analysis. Moreover, this yea/s and last yeais bookings 'to date" can also be
compared to last yea/s historical actual bookings, allowing an understanding of the degree of "fill" achieved
to date for occupancy in upcoming months.
Vail's occupancy results can also be compared to those at a cross-section of other mountain communities
which are deploying similar lodging occupancy surveys with MTR|P.
. Occuoanar resulb:
o Vail orcupancv padno; This period's occupancy pacing, in comparison to the same period last year,
starts out strong, but weakens in the mid to late summer months. Occupancy dudng April was down
slightly (-4.8 percent) from the prior year. Looking into the coming months, May is up 3.9 percent, June
is up 27.5 percent, July is down 18.4 percent, August is down 25.4 percent, September is down 27.0
percent, and October is down 22.8 percent.
o VailabsoluE occuparrcv ntes: Based on 2005/06 results, Vaillends to experience ib highest winter
occupancy rates during March (75 percent), followed by February (74 percent), January (72 percent),
December (63 percent), April (49 percenQ, and November (23 percent). Highest summer occupancy
rates are typically experienced in July (55 percent), followed by August (44 percent), September (43
percent), June (39 percent),october (26 percent), and May (20 percent). This provides a genenl
indicator of when the community tends to be busiest on a monthly average basis.
o Vail fill patbms: Historical fill pattems lor upcoming months provide an indication of the degree to
which future business can likely be stimulated. Based on last season's patlerns, as of Apdl 30, it is
estimated that 25 percent of May room nights had yet to be booked, followed by 41 percent for June, 40
percent for July, 51 percent for August, 40 percent for September, and 52 percent for October.
o Comparisons to other nountain resofts: Based on MTRIP lodging occupancy data at a cross-
section of 14 westem mountain resorts, Vail saw a decrease in occupancy ftom last year during
April while the industry overall saw a slight increase (-5% Vail / +27o indu$ry). Looking to the next
. 100 East Meadow Drive, Suite 34. va"it, Co":,,:r:f,:;Afru476'1000. f. (e70)476-6008'
w,l:ffi
six months, Vail is cunently trending above the industry average during May (+4% / +2%) and June
(+2$o/oYail I +8o/o industry), but is trending lower than the industry average during July (-18% / -
4%), August (-25oh | +9o/), September (-27olo | -14oh), and october (-23ol" / +67d.
Vail avenre niohtlv nte; Averiage nightly room rates in Vail during the next six months are trending up from
last year, except July, which is slightly down. Room rates vary from approximately $100 to $180 during the
summer months, generally following variations in demand.
' 100 East Meadow Drive, Suite 34. Vail, CO 81657 - p. (970)476-1000 - f. (970)476-6008'
www.visitvai lval I ey. com
,ttrnSrltrit '
""Ji'.""?:f ,"llTfi :'H::I3l^i3'l1'*llo,,oo,
Prepared by MTRiP, December 17,2007
This report summarizes selected results of the Vail Lodging Occupanry forecast as of November 30, 2007. The
Vail Lodging Occupanry Forecast provides data on booking pattems at Vail lodging prop€fties, for both historic
months and he fonrardlooking 6 months, and as such provides a barometer and advance indicator of overnight
stays in Vail.
. Studv methodoloov: Seventeen Vail lodging properties, representing approximately 1,710 rooms,
panicipated in this month's lodging occupancy survey:
Anllers at Vail
Destination Besorts Vail
Evergreen Lodge
Lion Square Lodge
Lodge at Lionshead
Peak Properties Inc.
The Lodge al Vail
Vail Cascade Condominiums
Vail Cascade Resort & Soa
Vail International Condominiums
Vail Maniott Mounlain Resort and SDa
Vail Mountain Lodge
Vail Racouet Club
Vail Soa Condominiums
Westwind at Vail
Montaneros
The lodging occupancy survey permits comparisons of lodging activity this year to the same point in time
last year, allowing for "pacing" analysis. Moreover, this yea/s and last yea/s bookings to date" can also be
compared to last yeais historical actual bookings, allowing an understanding of the degree of "fil|" achieved
to date for occupancy in upcoming months.
Vail's occupancy results can also be compared to those at a cross-section of other mountain communities
which are deploying similar lodging occupancy surveys with MTRiP.
c Occupancv results:
o Vail oeuoancv pacino: This period 's occupancy pacing shows a mix of strengths and weaknesses
over the same period last year, with the lirst four months of the winter relatMely flat. November ended
down slightly (down 1 .4 percent) from the prior year, followed by December (down 0.6 percent),
January (up 0.1 percent), and February (up 2.2 percent). Looking into the spring, March is down 10.6
percent, April is up 36.1 percent, and May is down 16.9 percent.
o Vail absolute orcuparcv ntes: Based on 2006107 results, Vail tends to experience its highest winter
occupancy rates during March (75 percent), February (73 percent), January (72 percent), December
(65 percent), April (46 percent), and November (25 percent). This provides a general indicator of when
the community tends to be busiest on a monthly average basis.
o Vail fill patEms: Histodcal fill pattems for upcoming months provide an indication of the degtee to
which future business can likely be stimulated. Based on last season's pattems, as ol November 30, it
is estimated that 13 percent of December room nights had yet to be booked, followed by 20 percent for
January, 30 percent for February, ,14 percent for March, 60 percent for Apfil, and 58 percent for May.
o Comparisons to other mountain resorts: Based on MTRIP lodging occupancy data at a cross-
section of 14 westem mountain resoils, the industry is trending only slightly up during the coming
six months while occupancy in Vail is relatively flat. Vail saw a slighl decline in occupancy from last
year during November, while the industry average overiall remained unchanged (-1% Vail / 0%
industry), Looking to the upcoming months, Vail's occupancy is trending above the industry
* 100 East Meadow Dive' t*" **,X,f.l!;,!,3^i,,i,!1,,!r.!;,!i*n76-1000. t' (e7o)476-6008'
'ilr::,7#1ffi
average for April l+36oh | -7o/o), but below dudng December (-1% / +1olo), January (trk I +5"k\,
February $?/,l+47o), March (-11o/o I -P/ol, and May (-17o/o I +13o/o).
Vail averaoe nbhtlv nte: Average nightly room rates in Vail are trending up for the upcoming months in
comparison to the same period lasl year. Room rates vary from approximately $145 to $515 during the
winter months, generally following variations in demand.
. 100 East Meadow Drive, Suite 34 - Vail, CO 81657'p. (970)476-1000. t. (970)476-6008 -
www. v i s itvai lv a I I ey. com
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Page I of I
Nina Timm - Fwd: Employee Housing fee
From: Nicole Peterson
To: Nina Timm
Dab: L12812008 9:04 AM
Subject: Fwd: Employee Housing fee
Hi Nina,
Please see below - email regarding the Ritz real estate office in Marriot. Thoughts? Thanks for your time!
np
>>> On 0U2512008 at 3:14 PM, in message <8cA2DB6D6c44D\2-E7o-L742@webmail-mtu7.sysops.aol.com>,
< rcfarch@aol.com > wrote:
Nicolle,
Thanks for all your help in the Conditional Use process. We are wrapping up the construction documents for
submittal to the building department. We know that we need to resolve the Employee Housing issue before
we can pick up our permit so I was hoping to get some addltional information from you.
I have been asked to explore other the other methods of mitigation,
We know we can pay the $89,184.14 fee. That is a lot of money to us and although it is reasonable for a
permanent situation, it seems unfair for the temporary use (now late Spring 08 thru Summer 2010). In
addition to that we are being required to reconvert the rooms at the end of the temp use.
You mentioned the idea of doing something at the hotel. Would the city be open to temporarily converting a
hotel unit into a subsidized on-site housing unit? That would be dependant on the hotel being aggreeable
also,but we are thinking we could offset the cost to provide a room at an agreed upon 'employee' rent? Do
you know what the desired rent would be for a Studio?
1a-"(
r\g€
ElL(
i J,u,n*
We are also looking at a subsidized apartment unit for the duration of our conditional use. -7v
Rob Foss
Clement Foss Architects
2709 South MacDill Avenue
Tampa, Florida 33629
Ph 813 831 3223
Fax 813 832 6300
More new features than ever. Check out the new AOL Mail!
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file://C:\Documents and Settings\NTimm\Local Settings\Temp\XPgrpwise\479D9AACVA... l128/2008
THIS ITEM MAY EFFECTYOUR PROPERW
PUBLIC NOTICE
NOTTCE tS HEHEBY GTVEN that the Town council of the Town of Vail will hold a public hearing
in accordance with Section 12-3-S,VailTown Code, on Tuesday, January 8, 2008, at 6:fi) PM
in the Town of Vail Municipal Building, in consideration of:
ITEM/TOPIC:
An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and
Enviionmental Commission's approval of a request for a final review of a conditional use permit,
pursuant to Section 12-7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town '?2
bode, to allow lor a business office (real estate office) located at 714 West Lionshead Circle (Vail-
Marriott Mountain Resort ancl SpaVLot 1, West Day Subdivision, and setting forth details in regard
rhereto. (PEC07-0066)
Appellant: Diamond Rock Hospitality Company, represented by Robert Foss "/"'Planner: Nicole Peterson ,/
The applications and information about the proposals are available for public inspectior during
regular otfice hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend project orientation and the site visits that precede the pubiic
hearing in the Town of Vail Community Development Department. Please call (970) 479-2138tor
additional information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
"479-2356, Telephone for the Hearing lmpaired, for information.
IHAS, RICTIARD A. & PAMILA J.
-JT
26KNAPTONST
BARRINGTON, RI 02806
ENZIANATVAILINC
C/O OAKTON-KOSTNER CORP
772I NKOSTNERAVE
SKOKIE, IL 60076
GNELSONLLC
POBOX9
STANLEY, ND 587E4
LIONSHEADINNLLC
705 W LIONSIIEAD CIR
VAIL, CO 81657
VAIL VALLEY REI.TTALS LLC
I4OFAIMAXST
DENVE& CO 80220
HAI.JI,JN, J.A. -MILLER" W. &A.I. -
NEWBILL, J.BROOKS
443 NNEW BALLAS RD
sTIOUIS,MO63141
ANDERO PROPERTIES NV TRUSTEES
C/OALFRSDO &ELIZABETH
FRANCO
7IO W LIONSTIEAD CIR
VAIL, CO 81657
DOBEUS, WLLIAM I. & JIJDITHM.
1556 TARA LN
LAKE FOREST, IL 60045
tar'4f D15"biuoi*t
t,lt+t
Design Review Board
ACTIOI{ FORTII
Department of Comm[nity Development
75 South Front4e Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 970.479.2.f52
vreb: www.vailgo%comcolmHw lElElatiF}{t
Project Name MARNOTT BALIROOM SIDEWALK
Project Description:
APPUCANT GWATHMEY PRATT SCHULIZ
SUITE 102
1OOO S. FRONTAGE RD. W., STE. 102
VAIL
co 81657
License: @00002333
Project Addrcss: 715 W UONSHEAD CR VAIL
MARRIOTT COLORADO BALLROOM
Legal Description: Lot 7 Block SnMivision: MARIVLODGE
Parcel Number: 2101-072{501-5
Comments: Seeconditions
FINAL APPROVAL FOR RAISING AN E}CSNNG SIDEWALK AND NEW HANDRAIL
Participants:
OWNER DIAMONDROCK VAIL OWNER LLC 10/08/2007
C/O DIAMONDROCI( HOSPITAUTY CO
6903 ROCKLEDGE DR STE 8OO
BETHESDA
MD 20817
l0 | 081 2007 Phone: 97 047 6-1147
DRB l{umber: DR8070557
Location:
Motion By:
Second By:
Vob:
Conditions:
BOARD/STAFF ACTrOtr
ACtiON: STAFFAPR
Dab of Approvalt t0lL7 12007
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s),
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to @nstruction activiUes.
C.ond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond: 202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligenUy pursued toward completion.
Cond: CON0009449
The applicant shall match all materials and handrails for the ramp to those odsting
on the project.
Planner: Wanen Campbell DRB Fee Paid: $25O.OO
*m Appllcation lbr Dcrlg il;ild
Dernmcnt ot Cemmunlty fwlogm€nt
75 Soub fimbgr Rord VIL c€bildo 11657
H: 970.479,212t lut N70.aVr.?157
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Minor Exterior Alterations
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97 0.479.2t28 f ax: 970.479.2452
web: www.vailgov.com
General Information:
All projects requiring design review must receive approval prior to submitting a building permit application. Please
refer to the submittal requirements for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
p@ect may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design rcview approval lapses unlees a building permit is issued and construction commences within
one year of the approval.
DescriptionoftheRequesr R\ra€ AN eil6TlJq 9ID€LJF(X- -rD Alrnl^J*TE o
5T€fl9 AT Tlf€ Crt4eADo bAu-PoD'\ EX,f PoAcrl. ^Ja,i/ th hlDPAtLb | ^vl
Location ofthe Proposal: tot: ? Block:-5r661u;r;on, VAtu l4AP-ZtoTt-
Physical Address:
Parcel No.:ztotolLl1ool (Contact Eagle Co, Assessor at 970-328-8640 for parcel no,)
Zoning:
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
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Name(s) of owner(s): DIAMoND POdL tl09PtT"t-LtTL{
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Owner(s) Signature(s):
Name of Applicant:GPov AeC*rTEdS
Mailing Address:0@ trP.oIJTT.AD
Phone:
E-mail Address:@Fax:
Type of Review and Fee:
tr Signs $50 Plus $1.00 per squarre foot oftotal sign
No FeeConceptual Review
New Construction
Addition
Minor Alteration
(mu lti-family/com mercia l)
Minor Alteration
(singlefamily/du plex)
Changes to Approved Plans
Separation Request
For consbuction of a new building or
For an addition where square footage is
$6s0
$300
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Pa)rment, MeEhod: Check Init: JS
Notation: 1454/GPSI'
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Permit No: DRB0?0557 Type: DRB-Minor Alt,Conun/Multi
Parcel No: 2101-072-0501-5
site Addrese: 7L5 vf IJIoNSHEiaD cR VAII-,
Irocat ion : MARRIOTT COIJORiADO B,AIfTROOM
Total Fees: $250.00
ThiE Pa)ment: $25o.oo Total Arrrr Pmts: $250.00
Balance: $O. O0
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ACCOUNT ITEM IIST:
Account Code DescriDtion Current Pmts
DR OO].OOOO3II22OO DESIGN REVIEW FEES 250.00
Planning and Environmental Commisson
ACTIOII FORtbl
Department of communlty DeveloBment
75 South Frontage Road, Vall. Colcrada 81657
tef: 970.479.2139 fax: 970.479.2452
rreb: rrrw,v-ailgov.com
PToJeGt Name: RITZ GALLERY/MARRIOTT CUP
Project Description:
PEC Number: PEC070066
Final approval for a condiUonal use permit, pursuant to Section L2-7H-4, Permifted and
Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a business office (rea
estate office) located at 714 West Lionshead Circle (Vail Marriott
Participants:
OWNER DIAMONDROCK VAIL OWNER LLC LOI3OIaOOT
c/O DIAMONDROCK HOSPNALITY CO
6903 ROCKLEDGE DR STE 8OO
BETHESDA
MD 20817
APPUCANT ROBERTC.FOSS L013012007 Phone:813-831-3223
AGENT FOR RITZ CARLTON DEV. CO.
2709 S. MACDILL AVE.
TAMPA
FL 33629
ProjectAddressr T20WLIONSHEADCRVAIL Location: MARRIOTT,6TH FLOOR,WESTWING
Legal Description: Loh 1 Block: Subdivision: WEST DAY SUB
Parel Numben 2I0t-072-1700-L
Comments:
BOARD/STAFF ACTIOT{
Motion By: Kjesbo
Second By: Proper
Vot€: 5-0-1 (Viele Recused)
Conditions:
Action: APPROVED
Date of Approval:. IL12612007
Cond: CON0009627
No changes to these plans may be made without the written consent of Town of Vail
staff and/or the appropriate review committee(s).
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
a pprova l.
Cond: CON0009628
1. This conditional use permit, for a temporary business office (real estate
office), shall lapse and become void 3 years from the date of approval or at the
time of the Temporary Certificate of Occupancy issuance for the RiE-C.arlton;
currently under construction at 728 West Lionshead Circle, whichever occurs first.
Within 30 dala from the ceasing date, the applicant shall complete the restoration
)
of the two a@mmodation unib (rooms 605 A 604 b ttdr original form.
2. The applkant *rall obtain a sEpulte Jgn permit, frotn the Community OaCopment
Deparunent, fior any and all propoed slgns associated with the proposed buJn€Bs
office (real estate offlce).
3. The applicant shall submit the employee generatim ard mitigation fee' In the
amount of $89,184.14, or provkl,e anoher method of rtdgntion, prior to is$rane of
a building pennlt
Plannen tllaole PeE son PEG Fe€ Pr5: $650.00
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TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
November 26,2007
A request for a final review of a conditional use permit, pursuant to Section 12-7H-4,
Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for
a business office (real estate office) located at 714 West Lionshead Circle (Vail
Marriott Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth
details in regard thereto. (PEC07-0066)
Applicant: Diamond Rock Hospitality Company, represented by Robert Foss
Planner: Nicole Peterson
il.
SUMMARY
The applicant, Diamond Rock Hospitality Company, represented by Robert Foss, Agent for
Ritz-Carlton Development Co., is requesting a conditional use permit, pursuant to Section 12-
7H-4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for
a business office (real estate office) located at 714 West Lionshead Circle. Based upon Staffs
review of the criteria outlined in Section Vl of this memorandum and the evidence and
testimony presented, the Community Development Department recommends approval, with
conditions, of this request subject to the findings and conditions noted in Section Vll of this
memorandum.
DESCRIPTION OF THE REQUEST
The applicant, Diamond Rock Hospitality Company, represented by Robert Foss, Agent for
Ritz-Carlton Development Co., is requesting a conditional use permit to allow the conversion of
two existing hotel rooms, on the sixth floor, of the western most wing, of the Vail Marriott
Mountain Resort and Spa (714 West Lionshead Circle), to a real estate office for the Ritz-
Carlton currently under construction at 728 West Lionshead Circle. The Ritz-Carlton intends to
occupy the proposed real estate office for marketing and sales purposes. The proposed Ritz-
Carlton completion date is scheduled for July 2010.
A vicinity map (Attachment A), the applicant's request (Attachment B), and plans (Aftachment
C) have been attached for reference.
REVIEWING BOARD ROLES
Order of Review: Generally, conditional use permit applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design review
application will be reviewed by the Design Review Board.
Planninq and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval, approval with
modifications, or denial of a conditional use permit application, in accordance with Chapter 12-
16, Conditional Use Permits, Vail Town Code.
ilt.
Desiqn Review Board:
The Design Review Board has no review authority over a conditional use permit application.
However, the Design Review Board is responsible for the final approval, approval with
modifications, or denial of any accompanying design review application.
Town Gouncil:
The Town Council has the authority to hear and decide appeals from any decision,
determination, or interpretation by the Planning and Environmental Commission and/or Design
Review Board. The Town Council may also call up a decision of the Planning and
Environmental Commission and/or Design Review Board.
IV. ZONING AND LAND USE
Zoninq:
Subject Property: Lionshead Mixed Use 1 (LMU-1) District
Surrounding: West - Lionshead Mixed Use 1 (LMU-1) District
East - Lionshead Mixed Use 1 (LMU-1) District
North - Lionshead Mixed Use 1 (LMU-1) District
South - Lionshead Mixed Use 1 (LMU-1) District
Land Use Desiqnation:
Subject Property: Lionshead Redevelopment Master Plan
(Vail Marrioft Mountain Resorf and Spa)
Surrounding: West - Lionshead Redevelopment Master Plan
( Ritz-C a rlton u nde r con stru cti o n )
East - Lionshead Redevelopment Master Plan
(Lions Square Lodge)
North - Lionshead Redevelopment Master Plan
(VailSpa)
South - Lionshead Redevelopment Master Plan
(Antlets and Gore Creek Resrdences under construction)
Parkinq:Required: Proposed ffice (940 sf): 2.5 (2.7 per 1,000sf)
Existing 2 Accommodation Units: - 1.4 (0.7 per unit)
Total Required: 1.3Proposed: Designated at Holy Cross Lot 2 parking spaces
Emplovee Generation and Mitiqation Rates:
Required Fee: $89,184.14
Please see Attachment D for calculations, Attachment E for Ordinance 7, Series of 2007
regarding the adoption of Chapter 23, Commercial Linkage, Attachment F for Ordinance 8,
Series of 2007, regarding Commercial Linkage and Attachment G, Resolution 10, Series of
2007 regarding payment of fees-in-lieu.
v.APPLICABLE PLANNING DOCUMENTS
A. Title 12Zoning Regulations, VailTown Code
Section 12-7 Article H Lionshead Mixed Use 1 (LMU-1) District:
12-7H-1: PURPOSE:
The Lionshead Mixed lJse 1 District is intended to provide sifes for a mixture of
multipte-family dwellings, lodges, hotels, fractional fee clubs, timeshares, lodge
dwetling units, restaurants, offices,,skier services, and commercial establishments in a
clustered, unified development. Lionshead Mixed Use 1 Distict, in accordance with the
Lionshead redevelopment master plan, is intended to ensure adequate light, air, open
space and other amenities appropriate to the permitted types of buildings and uses and
to maintain the desirable qualities of the zone district by establishing appropriate site
development standards. This zone distict is meant to encourage and provide
incentives for redevelopment in accordance with the Lionshead redevelopment master
plan.
This zone district was specifically developed to provide incentives for properties to
redevelop. The uttimate goal of these incentives is fo creafe an economically vibrant
lodging, housing, and commercial core area. The incentives in this zone distict include
rncreases in allowable gross resrdential floor area, building height, and density over the
previously estabtished zoning in the Lionshead redevelopment master plan study area.
The primary goal of the incentives is fo create economic conditions favorable to
inducing private redevelopment consistent with the Lionshead redevelopment master
plan. Additionatty, the incentives are created to help finance public off site
improvements adjacent to redevelopment proiects. With any
development/redevelopment proposal taking advantage of the incentives created
herein, the following amenities will be evaluated: streetscape improvements,
pedestrian/bicycle access, public plaza redevelopment, public art, roadway
improvements, and simitar improvements. (Ord. 29(2005) $ 24: Ord- 3(1999) S t)
12-7H-4: PERMITTED AND CONDITIONAI USES; SECOND FLOOR AND ABOVE:
B.Conditional Uses; Ihe following uses sha// be permitted on second floors and higher
above grade, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title: Professional offices, buslness offices and studios.
Section 12-16: CONDITIONAL USE PERMITS (in part):
1 2-1 6-1 : PURPOSE; Ll MITATIQNS:
ln order to provide the flexibility necessary to achieve the obiectives of this title,
specified uses are permitted in certain dlsfricts subject to the granting of a conditional
use permit. Eecause of their unusua! or special characteristics, conditional uses require
review and evaluation so that they may be located propedy with respect to the
purposes of this title and with respect to their effects on surrounding propefties. The
review process prescribed in this chapter is intended fo assure compatibility and
harmonious development between conditional ases and surrounding propefties and the
town at /arge. Uses lsted as conditional uses ,ir? the vaious districts may be pennitted
subject to such conditions and limitations as fhe town may prescribe to ensure that the
location and operation of the conditional uses will be in accordance with development
objectives of the town and will not be detrimental to other uses or propefties. Where
conditions cannot be devised to achieve these objectives, applications for conditional
use permits shall be denied.
1 2-1 G6: CRITERI A; F/ND/NGSj
Listed in section Vl of this memorandum.
B. Lionshead Redevelopment Master Plan
Chapter 2: Introduction
Section 2.1 Purpose of the Master Plan
This master plan was initiated by the Town of Vail to encourage redevelopment and
new development initiatives within the Lionshead study area. Both public and private
rnleresfs have recognized that Lionshead today lacks the economic vitality of Vail
Village, its neighboring commercial district, and fails to offer a wod&class resoft
expeience. Lionshead's economic potential has been inhibited by a number of
recunent themes: lack of grov,tth in accommodation units ("hot beds"), poor retail
quality, the apparent deterioration of existing buildings, an uninteresting and
disconnected pedestian environment, mediocre architectural character, and the
absence of incentives for redevelopment.
Redevelopment is critical for Vail and Lionshead if the community is to remain a
competitive four-season resort. Other resorts are spending millions of dollars to
upgrade their facilities in order to aftract more visitors year-round. Grovvth in the
number of sklers annually has s/owed to one to two percent, intensifying competition
for market share. Skiers are spending /ess time skiing and more time shopping, dining
out, and enjoying other off-mountain activities. As a result, the demand for quality retail
shopping and a greater diversity of experiences has dramatically increased. All of
these are sorely in need of improvement in Lionshead. Vail, and specifically
Lionshead, will fall behind if the community fails to upgrade the quality of its facilities
and conect the existing flaws in its primary commercial nodes.
This master plan, developed over a peiod of two years and with extensive involvement
by the community, is a comprehensive guide for property owners proposing to
undertake development or redevelopment of their properties and the municipal officials
responsible for planning public improvements. The plan outlines the Town's objectives
and goals for the enhancement of Lionshead and proposes recommendations,
incentives, and requirements for redevelopment and new development of public and
private properties. lt also recommends specific public improvement projects that are
strategically impoftant to the future success of Lionshead.
The master plan is intended to provide direction over the next 15 to 20 years.
Section 2.3 Policy Objectives
The Town Council adopted six policy objectNes on November 4, 1996 to outline the
important rssues fo be addressed in the master plan and to provide a policy framework
for the master planning process.
Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer, more
vibrant environment for guesfs and residents. Lionshead needs an appealing and
coherent identity, a sense of place, a personality, a purpose, and an improved
aesthetic character.
Vitality and Amenities
We must seize the opportunity to enhance guest experience and community interaction
through expanded and additional activities and amenities such as pertorming arts
venues, conference facilities, ice rinks, streetscape, parks and other recreational
improvements.
Stronger Economic Base Through lncreased Live Beds
ln order to enhance the vitality and viability of Vail, renewal and redevelopment in
Lionshead must promote improved occupancy rates and the creation of additional bed
base ("live beds" or'warm beds") through new lodging products. Live beds and warm
beds are best described as residential or lodging rooms or units that are designed for
occupancy by visitors, guesfs, individuals, or families on a shott term rental basis. ln
order to improve occupancy rates and create additional bed base in Lionshead,
applications for new development and redevelopment projects which include a
residentiat component shall provide live beds in the form of accommodation units,
fractional fee club units, lodge dwelling units, timeshare units, aftached accommodation
units (i.e, lock-off units), or dwelting units which are included in a voluntary rental
management program and available for short term rental. Fufther, it is the expressed
goat of this Ptan that in addition to creating additional bed base through new lodging
products, there shall be no net /oss of existing live beds within the Lionshead
Redevelopment Master Plan study area.
lmproved Access and Circulation
The flow of pedestian, vehicular, bicycle and mass transit traffic must be improved
within and through Lionshead.
I m prove d I nfrastru ctu re
The infrastructure of Lionshead (sfreefs, wallnanys, transpoftation systemg parking,
utitities, loading and delivery systemg snow removal and storage capacity) and its
public and private servrbes must be upgraded to support redevelopment and
revitalization effofts and to meet the service expectations of our guests and residents.
Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strategies must be identified so that adequate
capital may be raised from all possible sources to fund desired private and public
improvements.
Chapter 4: Recommendations - Overall Study Area (Amended July 18, 2006):
This Chapter of the Master Plan addresses issues that affect Lionshead as a whole. Ihese
issues, and recommendations to address them, should be considered in all planning and
policy decisions as Lrbnshead redevelops.
Section 4.13 Live Beds
The maintenance, preservation, and enhancement of the live bed base are critical to
the future success of Lionshead and as such, special emphasis should be placed on
increasing the number of live beds in Lionshead as fhe area undergoes
redevelopment. The Lionshead area cunently contains a large percentage of the
Town's overall lodging bed base. The bed base in Lionshead's consr.sls of a vaiety of
residential and lodging products including hotels, condominiums, timeshares and
hybrids of all three. The vast majorrty of live beds in Lionshead are not
accommodation units in hotels, but instead, in dwelling units in residential
condominiums such as the Vail 21 , Treetops, Antlers Lodge, Lion Square Lodge'
Lifthouse Lodge, Landmark Tower and Townhomes, Lionshead Arcade, and
Montaneros, atl of which have some form of rentaUproperty management program that
encourages shoft term rental of dwelling units when the owners are not in residence. lt
has been the expeience in Lionshead that condominium projects which include a
voluntary rental management program have occupancy rates which exceed the
occupancy rate of hotel products, and therefore tend to provide more live beds and
produce more lodging tax revenues to the Town.
Applications for new development or redevelopment which maintain, preseve, and
enhance the live bed base in Lionshead have a significantly greater chance of approval
in the development review process than those which do not.
4-13.1 Live Bed Definition
Pursuant to Policy Objective 2.3.3, live beds (and warm beds) are defined as
residential or lodging rooms or units that are designed for occupancy by visitors,
guesfs, individuals, or families, on a short term rental basis. A /ive bed may include the
following residential products: accommodation units, fractional fee club units, lodge
dwelling units, timeshare units, aftached accommodation units (i.e., Iock-off units), and
dwelling units which are included in a voluntary rental management program and
available for shorl term rental.
4.13.2 Location of Live Beds
Live beds should be located in Lionshead pursuant to the Lionshead Mixed Use 1 and
2 zone disfnbfs. AII properties within Lionshead, when developing or redeveloping and
providing new residential or lodging products, should provide live beds as defined
herein.
4.13.3 Hotel-types of Services and Amenities
To aid in the fuftherance of Policy Objective 2.3.3 of the Plan, the creation of additional
live beds should include hotel-types of servrbes and amenities- Such seruices and
amenities may include, but not be limited to, the operation of a front desk,
registration/reseruation capabilities, recreational amenities, guest dropoff, on-site
management, etc. These types of services and amenities in multiple family residential
dwellings will increase the likelihood that the dwelling units will be made available for
shoft terin occupancy and help to promote improved occupancy rates.
4.13.4 Review of New Development and Redevelopment Projects
The Planning and Environmental Commisslon shal/ consider the policies and direction
given by this Plan with respect to live beds when reviewing new development and
redevelopment projects in Lionshead. Applications for new development or
redevelopment shall maintain the live bed base in Lionshead. Applications for new
development and redevelopment which enhance the live bed base have a significantly
greater chance of approval in the development review process than those which do
not. A proposal's adherence to the policies contained in the adopted master plan will
be one of the factors analyzed by staff, the Planning and Environmental Commission
(PEC), the Design Review Board (DRB), and the Town Council (as applicable) in
determining whether to approve or disapprove the specific proposal.
Chapter 5: Detailed Plan Recommendations
This chapter of the Lionshead Master plan examines individual parcels and groups of
parcels within the Lionshead study area, excluding the residential properties on the
south side of Gore Creek. The intent of this chapter, and the Master Plan as a whole,
is to identify important functional relationships and visual objectives within the distict
and to propose a framework for the long-term redevelopment of Lionshead. The
document does not intend to limit or eliminate ideas relating to specific parcels; any
proposals consr.sfent with this framework should be considered even if they are not
anticipated in this document.
Seclion 5.13: The Manioft (Amended July 18, 2006):
With approximately 276 rooms, the Maniott is the largest only supply of hot beds in
Lionshead. The single largest structure in Lionshead, lt is a/so very visible, especially
from the west. lt is consequently a high prio@ renovation proiect, and all reasonable
measures should be taken by the Town of Vail to encourage and facilitate its
enhancement. Specific issues regarding this propefty are as follows:
5.13.1 Redevelopment or Development of the Parking Structure
The best oppoftunity for new development on the Marrioft propefty is the existing
parking structure (figure 5-17). lf this site is developed, attention should be given to the
relationship between the development, Gore Creek, the Gore Creek recreation path,
and the west day lot. Veftical development should step back from the recreation path,
and there should be a clear separation (most likely a landscape buffer) between the
public space of the recreation path and the private space of the residential units.
5.1 3.2 lnfill Oppoftunities
There are several tennis courls on the south side of the Manioft. This area presenfs
an oppoftunity for low-ise infill development that eases fhe visual and physical
transition from the existing structure to the Gore Creek recreation path.
5.13.3 Oppoftunities for Facade Renovation
Exterior renovation of the Marriott is a community piority, but the size and dimensions
of the structure present a challenge, and it is unlikely that the architectural design
guidelines (see chapter 8) can be fully met. However, this should not discourage
exterior renovation, and the Town of Vail Design Review Board should insure that the
intent of the guidelines ls mef. (Ihis is a basic premise of the architectural design
guidelines, relevant to all existing buildings in Lionshead.)
5.13.4 West Lionshead Circle in Front of the Maniott
Any future development or redevelopment of the Marrioft property should include a
continuous secondary pedestian walk on the south side of West Lionshead Circle. A
pavement snowmelt sysfem is strongly recommended because of icing problems on
the walkway in winter.
5.13.5 Preseruation of Existing Accommodation Units
The Manioft presently contains 276 short term accommodation units. ln addition, the
Marrioft also contains a restaurant, lounge, spa, and meeting space facilities incidental
to the operation of the hotel. Given the impoftance and need for short term
accommodations to the vitality and success of the community, any future
redevelopment of the s/e sha// ensure the preservation of short tenn accommodation
units on the site. The preservation of short term accommodations should focus on
maintaining the number of existing hotel beds and the amount of gross residential
square footage on the site as well as requiring the preservation of 276 accommodation
units. With this in mind, the quality of the existing accommodation unit room could be
upgraded and the rooms could be reconfigured to create multi-room suites. ln no
instance, however, should the amount of gross residential floor area devoted to
accommodation units be reduced. In fact, opportunities for increasing the number of
accommodation units beyond the existing 276 units already on-site should be
evaluated during the development review process. For example, the construction of
"attached accommodation units", as defined in the Zoning Regulations, could
significantly increase the availability of short term rental opportunities within the
building.
REVIEW CRITERIA AND FINDINGS
A. Title 12Zoning Regulations, Vail Town Gode
The following review criteria and findings for a Gonditional Use Permit are established by
Section 12-16-6, VailTown Code.
Review Criteria
1. Relationship and impact of the use on the development obiectives of the Town.
Offices are listed as conditional uses, second floor and above, within the Lionshead
Mixed Use 1 District. Therefore, this proposal is consistent with Vail Town Code.
Staff believes the proposed temporary real estate office facilitates the overall
recommendation of the Lionshead Redevelopment Master Plan to add 'live beds' or
'warm beds' to Lionshead (Ref. Chapter 4, Lionshead Redevelopment Master Plan
shown in Section V of this memo). The proposed office will facilitate and promote_the
addition of 116 total units, including 71 residences anq'45 clu5lfiSEiiona-lfee units)at
the Ritz-Carlton; currently under construclion.
Chapter 5 of the Lionshead Redevelopment Master Plan lists detailed plan
recommendations for the Marriott. Staff believes that the proposed plan, to temporarily
convert two existing accommodation units into a real estate office does not warrant the
significant redevelopment recommendations requested under Chapter 5, Detailed Plan
Recommendations for the Marriott. The proposed changes are interior only and for
temporary use to market and promote the Ritz-Carlton; cunently under construction.
The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
Staff does not believe this proposal will affect the light and air, distribution of population,
transportation facilities, schools, parks and recreation facilities, and other public
facilities needs. The proposal includes only interior changes and no change to existing
floor area.
The proposed conversion triggers the employee generation and mitigation rates
described in Section 12-23-2, Vail Town Code and Resolution 10, Series of 2007,
adopted and effective April 3, 2007. Please see aftachment D for detailed calculalions
of the mitigation fee.
Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff does not believe this proposal will negatively affect automotive or pedestrian
traffic. The proposal includes dedication of two parking stalls at the Holy Cross parking
lot, which is the temporary parking facility for Vail Marriott Mountain Resort and Spa.
The Ritz-Carlton construction includes a permanent parking facility for both Vail Marriott
Mountain Resort and Spa and the Ritz-Carlton,.which is scheduled to ooen o
-completion of the Rirz-'Carlton. When the pa
EF-arceGilf5e dedicated for the proposed real estate office.
3.
vil.
4. Effect upon the character of the area in which the proposed use is to be located,
including the scale and bulk of the proposed use in relation to surrounding uses.
Staff does not believe this proposal will have a significant effect on the character of the
area. Other developments such as the Vail Plaza Hotel, Solaris and Four Seasons
have implemented similar conversions in the Town of Vail. The proposed conversion
will mostly affect the Vail Marriott Mountain Resort and Spa and not the adjacent uses.
The General Manager of the Maniott submitted an approval letter for the proposed
conversion of rooms 605 and 607 and with the understanding that the rooms shall be
restored to their original detail following termination of the office use. According to the
applicant, the sixth floor, proposed location of the conversion, of the Vail Marriott
Mountain Resort and Spa is currently used for receptions and events, not usually for
vacation hotel guests. Therefore, the existing hotel function will not be significantly
disrupted.
Findings
The Planning and Environmental Commission shall make the following findings before granting
a conditional use permit:
'1. That the proposed location of the use is in arcordance with the purposes of this title
and the purposes of the Lionshead Mixed Use 1 (LMU-1) District.
2. That the proposed location of the use and the conditions under which it would be
operated or maintained will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties or improvements in the vicinity.
3. That the proposed use will comply with each of the applicable provisions of this title.
B. Lionshead Redevelopment Master Plan
The following Policy Objectives of the Lionshead Redevelopment Master Plan, Section 2.3,
are facilitated by the proposed project.
Policy Objectives
2.3.1 Renewal and Redevelopment
Lionshead can and should be renewed and redeveloped to become a warmer, more vibrant
environment for guests and residents. Lionshead needs an appealing and coherent identity, a
sense of place, a personality, a purpose, and an improved aesthetic character.
2.3.6 Creative Financing for Enhanced Private Profits and Public Revenues
Financially creative and fiscally realistic strategies must be identified so that adequate capital
may be raised from all possible sources to fund desired private and public improvements.
STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission approve, with conditions, the conditional use permit, pursuant to Section 12-7H-
4, Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for a
business office (real estate office) located at 714 West Lionshead Circle (Vail Marriott
Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth details in regard
thereto. Staffs recommendation of approval, with conditions, is based upon the review of the
criteria described in Section Vl of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to approve this request; the
Community Development Department recommends the Commission pass the following
motion:
"The Ptanning and Environmental Commission approves the conditional use permit,
pursuant to Section 12-7H-4, Permifted and Conditional Uses, Second Floor and Above,
Vail Town Code, to allow for a business office (real estate office) located at 714 West
Lionshead Circle (Vail Maniott Mountain Resorf and Spa)/Lot 1, West Day Subdivision, and
sefting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this request, the
Community Development Department recommends the Commission makes the following
findings:
"1 . That the proposed location of the business office (real estate office) is in accordance with
fhe purposes of this fiAe and the purposes of the Lionshead Mixed Use 1 (LMU-I) District.
2. That the proposed location of the business offlce (real estate office) and the conditions
under which it will be operated or maintained will not be detimental to the public health,
safety, or welfare or materially injuious to properties or improvements in the vicinity.
3. That the proposed busr'hess office (real estate office) will comply with each of the
applicable provisions of this title, based upon the review outlined in section Vl of Staffs
November 26, 2007 memorandum to the Planning and Environmental Commission."
Should the Planning and Environmental Commission choose to approve this request; the
Community Development Department recommends the Commission pass the following
conditions:
"1 . This conditional use permit, for a temporary bustness office (real estate office), shall lapse
and become void 3 years from the date of approval or at the time of the Temporary
Certificate of Occupancy issuance for the Ritz-Carlton; cunently under construction at 728
West Lionshead Circle, whichever occurs first. Within 30 days from the ceasing date, the
applicant shall complete the restoration, of the two accommodation units (rooms 605 &
607), to their originalform.
2. The applicant shall obtain a separate sign permit, from the Community Development
Department, for any and all proposed srgns associated with the proposed business office
(real estate office).
3. The applicant shall submit the employee generation and mitigation fee, in the amount of
$89,184.14, prior to I'ssuance of a building permit."
VIII. ATTACHMENTS
A. Vicinity Map
B. Applicant's Request
C. Plans
D. Employee Generation and Mitigation Rates calculations
E. Ordinance No. 7, Series ol 2O07 (Commercial Linkage)
F. Ordinance No. 8, Series of 20O7 (lnclusionary Zoning)
G. Resolution 10, Series of 2007 (Payment of Fees-ln-Lieu)
H. Public Notice
10
ATTACHMENT A - Vicinity Map
11
ATTACHMENT B - Applicant's Request (5 pages)
Tha Rnz-Clnmol Cn:n'
iF Wanen Campbefi, Ptanner
DepafinEnt of Communlty tlgwlopment
75 Souh Frontage Rod
Vail, Colora& 81657
Dear Sir,
l.$unmam
The appllcarrt Ritr Cafton Dcnolopnant Csnpany (RCDC), rcpresenbd by ltlk Robeil Fg5q b
r€que!ftqg a Condltbtul Use Pemitpunsusntto Se<ilion 12, VailTorn Cods, to ellosrbr&e
pl*ement of a bbby deelr and tlre omodefiru d a 2 rcsn hcpibl[y eulte at the Vail Manlo[
irlqmtein p3sdtend Spe, locabd at715 Uottsf€d Gitde, Lbn6hd, CO. ard sstting fur$ dEtalb
In rcgard ther€to.
Agentt: llr. Robert Foes, Clsnelrt Foes Arcfiibds b ssrvtg ae qeril b RCDC. Mr. Dave Pease,
eil of tre Van Maniofi illorr{*r Rstort and Spa le eertltU 3s Agant for fie ho'$| 61tnet9,
DbmondRock Hospitality Co.nparry. D{anrondRoolc purcfiased fie ffi fiom Vail Reaotts in 2005.
Baeed upon ttrb nsnorardum and lhe evilenea and b$mony preog$ed, vr tequcst thdlhe
Conmunirty Oer,BloptrEnt D€patnent recorrnsd appmml for Gordithnal Use'
ll. Desstotbnof the tucnrest
TIF Apgcant, Rilz Carlbn Derdoprnant Cilnpany (RCDC), b raquefiru a condltiond usepermlt
pursuiirt to Seclion 12, Vd Torn CoO, O anorv br ttr phcement d a lobby deelt ry! for te
ismoaelkrg d fio 2 mom hcpiffiy suile (805/Btl-fl inb e bush* offico afi tho Vall Itarioil
Montain Reeort and Spa (eee a$aded sfte pgn).
The bbby dsskw|B temponarifymcrpytre soutlnredcornrdtlnoGUm lbrary (e€8 attdted
lobty pkr;l and csnbG of lhe exiding bookcaso, a dekwilh 1 sffi$dr and Z el$ dl?lnt Tlp.
Cesli urt fiin€fbn aa a greefng epace for inhras€d penono. Thooa desirlng more irformation $d[ be
esoorGd to $e Gnfloorbuallpss cffie.
The bgainees office wil bmporadly ocarpy lhe etdss€ 2 msn hoepltality eufrb {EOSSOD on the 6S
floor of ihe west wilrg (eea itbcfred 6r'floor phn). The ffics will fundion as a madcsflm and sal63
gallery br the nnz dartmn prcieot, under corsrucfron ned d@r b tre hel. ntttil indudo a scale
;odei, vldeo presentalbns, hfumdbr etdribtB, sdnple tnaffi and office area. (me ecNsd
Galleryphn).
Tho Rlts Cfllbn Developr€tioottu€ny
o84sfilduFod Bodorsd, sulb500, Odedo, Fh.ile3a8a1dl90 o ('gl) ?S4{xlo
12
ffi
Rrrz-CanmoN
lll. Eackoround:
Thb temporary rne b h srJpprt of the previously apprs\ted Rits Cqpn_Club and Reeidsnms Vail,
cunengy'unO* constudim-at lhe oH $rest Day Lot in Lionshed. The Glub portion incltdes^45.uni'tc
(2, B ani 4 bedrmne) of a 1/1f intsrcst (3 week)frac'liqral, markefred and soH bythe Rllz Gadton
De\rabprnent Compalry.
The Residences indude 7f vrtrob qrrrership units, sotd by $lifr*r, $mfth and Frampton. The Club and
Resilsres share some @mmon deme*ts induding the main lobby and most amenitles. Eoth
sntities are to be managed by fie Rlb Cailon H#l Company
The Rits Gartton oongfuctlon hae recen{y stadd and occupancy ls edreduled for JuFy 2010.
M.SehtlnRhio / lmnac't qn bwn obiFdiv€B:
Clnphr 12-1-2: Rrrpoee: Ar
This ppiect prsnr$ee tre general prrpces of tte Touri in suppott of fte pradously appmvsd Rltz
Gadtin irrsF4 helplng to eneure fo emnomic uiabllity, increasing the number of live beds in a
hea1hy,'sab anO moral uny. The business iB oondrl#d in a harmmious and coordln*ted manrnrby
a lry{ilable company. Thb'oonditbnal r.ee permil will enhance and comErve {fte nafural emdronment
by bringlng th€ dfMd h#lspaaa into cunent cornpli*re, as rilell ag €flharicing the resort
clrrac[er d the comrrunlty.
Chapter 12*1-2: Purpose: B:
Tlts propoeal acfrierres the speciffe purposes of fre Ton'n asbffows:
t. Adcause the condllirnal usa ooairs wr'nrln an exislirg building lt ehouH nd affiect the llght air,
sanibtion, drdq6 or p&$c f*ilities of tle To'tm.
2. bcauee thc mnOitidml use occrurs wilfiin an existirg bufldhtg it shouH not affrd tie ability to
secup tre safdy from flm, panig fuod, avalendre, accumulation of snqr or dangaroue cordltiofts-of
the Tonrr. $aecihcalf, rre rirff mfe coOe reguired lmprwemente b the ffr6 prubctlott and sepamtion
syBbmg of the a&cfisd spaces,
Tha Rit futon tle\dopmsrt ComP€nY
6649 Hlcstnoorl 8o$letad, $.dlD 500, ehndo, Florlda 3a&t.6t)90 ' fl{I4 2oedxx)
13
&
Rrrz-Cnnrrox frw-
3. The br.sing6g use will pomcile safu and €fficbnt pede6frian and ve*rirubr hafrc elmialion. We do
not Uetteve it wfll add b fie congeedon In the streets. $pedfical!' by ma{dng !o exryirp h.otal.
su€rts and vieito{B sr€ tto rrot dpect to Increase taffic. Our effing congbb of I empbyeeJoc#d in
f,." e5 noot spo an 1 empbyie et the desk. 1 dter_ernployee ie ot toffon (only Z-ernplqBes in
Sre hobl at airy one time) Arirhb the ne* ski season. The hoH petldng b not at capaci$ durirg fie
itC seEgon ne&rpe of tnb hrsp quantity of group bu]s. Duing tregrnrner, when_helparlting lS al
op"dty, lherc b denty of a&d capailV wt0r tee pa*inS at fte Lhnshead ptefic pa*iry.fut
afriUoniny, UE n3yv pa*inS s*ructuib F ichadubd to b€ srndtrd earfy, whi'dr sltostd tuitlel
enhance patking-
4- ploass sse the above corffnents as they relah b d-sM parl&g. The pmpced ffica use will
rcquirc minlmal loadlng impa6. Our main intent is b only ggnerale Tltkqtng leade !1 qE 07108
ssison. We cqrH *art sali* conbacts in $e 0U00 €easctn, hrt abo ffind sd neod b haw other
dty-approved Vafl Mllage gallery spaoe by then
S. The proposed :nadreling and sales activltleE cqtselw and rdfiin the established commm{V_ .
qu"fftel ard ecqromic va-lue . Spec{fically, the lobby desk u,i[ b^6*1s€ m a greetlng epace only, with
#,bt€sted partien belng escortad-up f the th floor gallgry: Tt
" {.nogt is ctlnonUy a ltcplblity euite
noor, af,eafoy rJsed for rceptorrs and emnts, nd rrerallybr racation hoGl guesils. Regndiq _ -
ecoriomn vrilue, the n€rksling and orsfiJ€lsalee willbe rlortlng brrard generdngovor !+p ctyU
.
nunberhipe anO a pmnthl i(80 or morre vacafon visitr p€f year' Ef*, nerybei"t ip irctudes 1 or 2
skl seegon i*ttE arra' t zummer vieft (or vice versa), plrs oppohnlty fur additonal shd|ldor season
wg f ConOitional Use is apprcy€d, irar nng statb thb ski saason, wih Rltr Gadbn occupancy in
sumrner Beeson d 2010. Uii wU l3hJm the hospitatlty sulE to ib sigind use bstreen strnmer and
ski se*on 2010.
B. AB f19 6dt floor's already busheee orier*ed, we belbve that fte C$dltlonal Uee ts in kee$g littrl
a harmonlxrs, wtwnienfwor*able rcbfron$&and mnsbtotttwitt bdttheTown and hOH
obiec{ives.
7. Because we ara uorklm wtthln an edsting eEr.rcfrtre, rre wil not bo conbibutrtg b excesei$
poputsfion dernitbs or oGrcruflding d fre lard, Tlq hcplbltty suq glFntfyonly Indud€o 2 tbuble
bds arrd a lhing area. Our lnHrdei rpe maffiirs the firdrU atlee, with the bd ata used as_gnffery
"p"*.rsapcisldensntslrtlnbnd!ohavcmalftes-4hdgudcouplesvbltatmclThierirbuH be mnaisbnt with trocpibality etrenb that alrady occur.
8. The propoeed Condlton Uee makes no clnngee b the appearanoe d-fte forrn- Ar41 |erAcs
imormdgonal exhibitswill occur bslowthe cunelrt balcony vbbility line. We Mtd b add fiernatic
deooretive porbble 'screens' lo divile the oFtng lrcspfrelfrfet ent tefre€ fiottl he gatgy brace.
Ttre 'scr€ds' wlll be perpendlanbr b burn vieu lhes (see 6P floor phn)'
The Rk Calbn lbtdqm.tttCompeny
86,49 Weetvwd Boulevad, Suile 500, Otgdo' fbfida 32&l4m r (407) dla€1100
'14
ffi
Rrz-C*nt-rot-lTHe Clun*
9. The proposed Condition tlse makee no .fianges to tho na$ralfgaturea of the tmrn.
10. Thd prbpoced Condition ttse makes no changes b tE open 6pace or amstiliee d the tovfi.
11 . We 6etin B the pmpoeed Condilkrr Usa is consisH with lhe approved Ritz Callton proieot,
odedy gronrttr and a vlabb Lionshed.
Chaptar 12-7 H: Purpose:
Thie propossl echkrrres the speclhc purposes of the Liorntread Mixed Usa distici in its support of the
apprcved RiE Cerlton Club and Re$dencesVail propc(
Soctior 4.13 LIve Beds / Sedbn 5.13 The Merritttt
There are ?76 short brn accommodatiofl roorns, nc* lnchding the hospitrlity suitee at the hotel' All of
ttre short tenn roons are being rcfianrcd. T?rerE are a to&l of 344 accornnpdafion rooms at the hotEl.
Approrral of the Condltonal Use will enhance the Town and significantly increa:e lhe availabiltty of
Frid UedB hrough the rcderelopment of the adpcent sirb (see 5.13.1) arrd the marketin-g of the 45 Rits
Cadkn Club units. The pobnilirlfor new liw beds being madteted b 540 weeks. The Conditional Uee
doee temporarif eJ<e ore hoeplhlity suite (see existlng 605reO2 phn) out of use, The hcp{tafity suite
overlooks the constuction eib ard ls not prlme space for guesb {w site plan}'
The ffnrc franre fm the Conditional Uee b betueen Jan. 2fi)7 and Augud 20{0. The tirne fiame
irx*Jdes a I uoek conuersion frne at fie @innlng and and d the Conditional tlse. Historimlly, the
ffi is at maximum capacily less tt€n 3{l days per year. Because the beglnnirq theconwnsbn is
sch€dubd for Jan. 07, iocupancy in 4 roorns on trre 5m flory directly belor may abo be bmporarily
atrecbd. A sumrng 8aa6on @nrrercton back to tre hospltality euite beginning in June 2O10 'B not
expectied lo #ecf occupancy.
Tsnlrq
Ttre Condilbrul Use supporb the polirry obiec{lve 2.3.3 thnlgh the promoton of Increased livE beds.
Surwnding hnd uses ars nd aftded bythb ternporary Gonditional tlse-
There ate no Malor ErderiorAtsrEtions. TIE Coflditional Use do€€ *ot modlfythe adsthg buiHiqg
exlsior in any w*y. Inffiral sldriblts are belor,v the erieting balcony fine. Porhble ae8€ning
elernents are bnporary ard not atlacf€d to the buiHlttg.
The Rlts Csdbn Dgt€@mottt0otnF tY
6649 Wbelupod Sool€ld, Sunc 500, Orlfido, Florida 32821{090 o (407) 200€000
15
&
TrE Rrp,CAnrrcrq Olu'
Parking
lha l166pltalty srlte rcgr.#ee 1.4 pdkhg sRGs $pritr). The Condfronal tlee r€gulrus 2.5 ryaca.
Tfnre arg onf 2 effi an$clp#d d lhb loodon- The hobl is f,llocat]€ 2 epaoes dufng |l1e - - _-.
hnporxy dbfohsnant of lhe horbl parking b fto t'ldy Croes sib. lJpon +t gofrpFqn dlte mz
Cariton SaoS", 3 spaes could bo dlocabd (rec alco maponae Glupbr 12*1-2-9 - 3 g!ovs).
thcerely, f1wc.'J-
RobertC. Fcs, Consultentb RCDC
Gleil€nt FmsAttftibcts
2709 Soulh MacDill Atrenue
Tampa, Florida gHl9
8138313223
TlERECrbnOatffieuPanY
884S Wgcfi,rood Boddrtrd, gdb 600, Olmdq Flo*b sag2t€(l00 o (4{I{ 26€ffi
16
- Plans (3 pages)
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ATTACHMENT D - Employee Generation and Mitigation Rates calculations
Inclusionary Zoning Calculations For:
Vail Marriott Mountain Resorf and Spa
Legal Desciption: Lot 1, West Day Subdivision
Applicability
Under Section 12-244 (lnclusionary Zoning - Redevelopment), Vail Town Code, the
conversion of two accommodation units to a real estate office triggers the Employee
Generation and Mitigation Rate requirements in Section 12-23-2 (Commercial Linkage -
Employee Generation and Mitigation Rates), Vail Town Code. The addition of commercial
area equafs Commercial Linkage as defined by Section 12-2-2 (Definitions), Vail Town Code.
Em ployee Generation Galculation
The following calculations were drawn from the employee generation and mitigation
requirements in Section 12-23-2 (Commercial Linkage - Employee Generation and Mitigation
Rates), Vail Town Code. The commercial linkage requirement equals 20o/o of the net new
employees generated.
1. lncrease in Real Estate ffice sq ft of 940 sq ft (conversion from residential):
940 sq ft / 1,@0 x 5.1 employees (Real Estate Office) x 20% mitigation =
0.96 employees to be provided deed restricted employee housing
2. Decrease of two (2) Acc,ommodation Units:
2 Accommodation Units x .7 employees per unit (Accommodation Unit) x 20% mitigation =
0.28 employees no longer required deed restricted employee housing, due to conversion.
3. Total:
0.96 employees minus 0.28 employees =
0.68 employees to be provided deed restricted employee housing as a result of the
conversion.
Mitigation Methods
Based on the current circumstances of the subject site, Staff calculated the following two
mitigation methods. However, the applicant may choose any 'Method of Mitigation' listed in
Section '12-24-6, VailTown Code.
1. Fee-in-Lieu:
Provide a fee-inlieu payment to the Town of Vail for.68 employees x $131,385 /
employee = $89,341 .80. Payment of the fee-in-lieu of $89,341.80 must be paid prior to the
issuance of a building permitforthe project (Ref. Resolution 10, Series of 2007, adopted
and effective April 3, 2007).
2. Off-Site:
Provide off-site at least a 438 sq ft Studio Unit - exceeds requirement by 0.57 employees.
The deed restriction for the off-site unit must be provided and accepted by the Town of Vail
prior to the issuance of any Certificate of Occupancy for the new Real Estate Office (Ref.
Section 12-24-6 Inclusionary Zoning, Methods of Mitigation).
ill.
20
o
Ordinance NoATTACHMENT E _7, Series of 2007 (Commercial Linkage)
ORDINANCE NO.7
SERIES 2007
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTION 12-2.
2, AND THE ADOPTION OF A NEW CHAPTER 23, ENTITLED COMMERCIAL
LINKAGE, AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail has experienced a decrease in population during the past
ten years due to market conditions that have given homeowners incentive to sell their
properties;
WHEREAS, during that period of time, housing costs in Vail have increased at a much
higher rate than income has increased;
WHEREAS, new commercial development and redevelopment in Vailwill result in new
employees being needed for uses in the new buildings and for the maintenance of the new
buildings;
WHEREAS, there is a substantial, direct, and rationalconnection between the need for
housing of employees generated by new commercial development and redevelopment and
the requirements for the provision of employee housing, as documented in the report entitled,
"Town of Vail Nexus/Proportionalitv Analvsis for Emplovee Housinq Mitiqation Proqrams,"
prepared for the Town by RRC Associates, Inc., dated March 12,2007, a copy of which is on
file with the Town Clerk and available for public inspection;
WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of denial
of the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the
Zoning Regulations;
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new commercial
developments and redevelopments which have a nexus to new job generation;
WHEREAS, it is the Town Council's goal to provide housing for at least thirty percent
(30%) of the net new employees generated from residential and commercial development in
the Town through the conjunctive efforts of this ordinance and the Town's inclusionary zoning
ordinance; and
WHEREAS, the Town Councilfinds and determines that the public health, safety, and
welfare will be served by adopting regulations which require mitigation of such impacts on
employee housing in the Town of Vail.
NOW, THEREFORE, BE lT ORDAINED BY THE Town Council of the TOWN OF
VAIL, COLORADO, THAT:
21
SECTION 1. SECTION 12.2.2 OF THE VAIL TOWN CODE IS HEREBY AMENDED
BY THE ADDITION OF THE FOLLOWING DEFINITIONS:
COMMERCIAL DEVELOPMENT: Any development that includes uses
such as business offices, professional offices, accommodation units, general
retail, grocery, liquor and convenience, recreational amenity, real estate offices,
conference facilities, health clubs, eating and drinking establishments, service
oriented businesses, or similar uses.
COMMERCIAL LlNI(AGE: An obligation that requires developers to
provide housing for a certain number of new employees that are generated by a
new commercial development, focusing solely on a development's impact as
related to employee generation and not taking into account secondary impacts.
CONFERENCE FACILITY: A facility used for conferences, conventions,
seminars, banquets, and entertainment functions, along with accessory
functions such as lobbies, pre-convene areas, and exhibition space.
DEED RESTRICTION: A permanent restriction on the use, occupancy
and transfer of real propefi that runs with the land and is recorded against the
property in the Eagle County Clerk and Recorder's office.
DEVELOPM ENT: The construction, improvement, alteration, installation,
erection, or expansion of any buibing, structure or other improvement in the
Town.
DORMITORY UNIT: A type of employee housing unit which houses not
more than five (5) persons and includes common kitchen facilities, a common
bathroom, and a minimum of two hundred fifty (250) square feet of GRFA for
each person occupying the unit.
EMPLOYEE: A person who works an average of thirty (30) hours per
week or more on ayear round basis at a business located in Eagle County.
NEXUS STUDY: A report, prepared at the request of the Town Council,
updated at least every five (5) years or more often if deemed necessary by the
Town Council, analyzing the current and future employee housing needs
resulting from new development and redevelopment in the Town.
OFF-SITE: A location within the boundaries of the Town other than the
site on which the commercialdevelopment is located.
REAL ESTATE OFFICE: An office for the purpose of conducting real
estate transactions and/or property management.
REDEVELOPMENT: The construction, improvement, alteration,
installation, erection, expansion or change in use of any existing building,
structure or other improvement in the Town that results in an increase in net
floor area or GRFA.
22
SPA: A commercial establishment providing services including
massage, body or facial treatments, make.up consultation and application,
manicures, pedicures and similar services, but excluding beauty and barber
shops.
SECTION 2. TITLE 12 OF THE VAIL TOWN CODE IS HEREBY AMENDED BY THE
ADDITION OF THE FOLLOWING NEW CHAPTER 23, ENTITLED COMMERCIAL
LINKAGE:
CHAPTER 23: COMMERCIAL LINKAGE
12-23-12 PURPOSEANDAPPLIGABILIW:
A. The purpose of this Chapter is to ensure that new commercial
development and redevelopment in the Town provide for a reasonable amount
of employee housing to mitigate the impact on employee housing caused by
such commercial development and redevelopment.
B. Except as provided in Section 12-23-5, this Chapter shall apply to
all new commercial development and redevelopment located within the
following zone districts:
1. HIGH DENSTTY MULTTPLE FAMTLY (HDMF);
2. PUBLTC ACCOMMODATTON (PA);
3. PUBLTC ACCOMMODATTON 2lPA2l;
4. COMMERCTAL CORE 1 (GCl);
5. COMMERCTAL CORE 2 (CC2);
6. COMMERCTAL CORE 3 (CC3);
7. COMMERCTAL SERVTCE CENTER (CSC);
8. ARTERTAL BUSTNESS (ABD);
9. GENERAL USE (GU);
10. HEAVY SERVTGE (HS);
11. LTONSHEAD M|XED USE I (LMUI);
12. LTONSHEAD M|XED USE 2 (LMU2);
13. SKTBASETRECREATION(SBR);
14. SKTBASETRECREATTON 2 (SBR2);
15. PARKING DISTRICT (P); AND
16. SPECTAL DEVELOPMENT (SDD).
a
C. The requirements of this Chapbr shall be in addition b all other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control
24
12-23-2= EMPLOYEE GENERATION AND MITIGATION RATES:
A. The employee generation rates found in Table 23-1, Employee
Generation Rates By Type of Commercial Use, shall be applied to each type of
use in a commercial development. For any use not listed, the Administrator
shall determine the applicable employee generation rate by consulting the
Town's current nexus study.
TABLE 23.1
EMPLOYEE GENERATION RATES BY TYPE
COMMERCIAL USE
OF
Type of Use Employee Generation Rates
Retail Store/Personal
Service/Repair Shop
2.4 Employees per 1,000 feet of
new net floor area
Business Office and
Professional Office (exclud ing
Real Estate Office)
3.2 Employees per 1,000 feet of
new net floor area
Accommodation UniUlimited
Service Lodge Unit
0.7 Employees per net new units
Real Estate Office 5.1 Employees per 1,000 feet of
new net floor area
Eating and Drinking
Establishment
6.75 Employees per 1,000 feet of
new net floor area
Conference Facility 0.8 Employees per 1,000 feet of
new net floor area
Health Club 0.96 Employees per 1,000 feet of
new net floor area
spa 2.1 Employees per 1,000 feet of
new net floor area
B. lf an applicant submits competent evidence that the employee
generation rates contained in Table 23-1 or the nexus study do not accurately
reflect the number of employees generated by the proposed commercial
development or redevelopment and the Administrator finds that such evidence
warrants a deviation from those employee generation rates, the Administrator
shall allow for such a deviation as the Administrator deems appropriate.
C. Each commercial development or redevelopment shall mitigate its
impact on employee housing by providing EHUs for twenty percent (20%) of the
25
empfoyees generated, pursuant to Table 23-1, or the nexus study, in
accordance with the requirements of this Chapter. For example, for a
development proposing 2,500 square feet of new net floor area for an eating
and drinking establishment, the equation would be as follows:
(2,500 square feet + 1,000 sguate feet) x (6.75)) = 16.875 new
employees generated
16.875 new employees generated x 20o/o = 3.375 employees to be
housed
12-23-3: SIZE AND BUILDING REQUIREMENTS:
A. Table 23-2, Size of Employee Housing Units, establishes the
minimum size of EHUs and the number of employees that can be housed in
each. All EHUs shall meet or exceed the minimum size requirements.
stzE OF
TABLE 23.2
EMPLOYEE HOUSING UNITS
Type of Unit Minimum
Size (GRFA)
Number of
Employees
Housed
Dormitory zso 1
Studio 438 1.25
One-Bedroom 613 1.75
Two-Bedroom 788 2.25
Three-Bedroom 1225 3.5
B. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. Alltrash facilities shallbe enclosed.
D. Parking shall be provided as required by this Title.
E. Each EHU shall have its own entrance. There shall be no interior
access from any EHU to any dwelling unit to which it may be attached.
F. EHUs shall not be included in the Town's calculations for density
control.
G. Every EHU shall be allowed three hundred (300) square feet of
additional garage area. Any EHU that does not have a garage shall include a
26
minimum of an additional seventy five (75) square feet for storage in addition to
normal closet space.
12-234: REDEVELOPMENT:
Employee housing impacts need only be mitigated for a redevelopment
that results in a greater number of employees generated from an increase in net
floor area. or an increase in the number of accommodation units or limited
service lodge units in the redevelopment; provided however, that if any existing
EHUs are to be removed, an equal amount of EHUs shall be replaced in
addition to the other requirements of this Chapter.
12-23-5: EXEMPTIONS:
The following shall be exempt from this Chapter:
1. The redevelopment of existing commercial development, if no new
floor area, accommodation units, or limited service lodge units are created;net
and
2.
12-23-6:
A.
The construction of EHUs.
METHODS OF MITIGATION:
The mitigation of employee housing required by this Chapter shall
be accomplished through one of the following methods:
1. On-site units.
a. The requisite number of EHUs, or a portion thereof,
may be constructed on-site, provided that all on-site EHUs are
deed restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide on-site
dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sole
discretion, may accept dormitory units as a method of mitigation.
2. Conveyance of property on-site. An applicant may convey
on-site real property to the Town on which no covenants, restrictions or
issues exist that would limit the construction of EHUs. at the sole
discretion of the Town Council.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof,
may be provided off-site within the Town, provided that such
EHUs are deed restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and
Environmental Commission, an applicant may provide off-site
dormitory units, unless the application is for a Special
Development District, in which case, the Town Council, in its sole
discretion, may accept dormitory units as a method of mitigation.
4. Payment of fees-in-lieu. The Planning and Environmental
Commission may approve payment of a fee-inlieu for each employee to
be housed, or a portion thereof, required by this Chapter.
a. The fee-in-lieu for each employee to be housed shall
be established annually by resolution of the Town Council,
provided that, in calculating that fee, the Town Council shall
include the net cost (total cost less the amount covered by rental
or sale income) of real propefi and all related planning, design,
site development, legal, construction and construction
management costs of the project, in current dollars, which would
be incurred by the Town to provide housing for the employee to
be housed in that year.
b. An administrative fee, established by resolution of
the Town Council, shall be added to the amount set forth in
paragraph a hereof.
c. Fees-in-lieu shall be due and payable prior to the
issuance of a building permit for the development.
d. The Town shall only use monies collected from fees-
in-lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Council may, at
its sole discretion, accept the conveyance of property off-site in lieu of
requiring the provision of EHUs, provided that no covenants, restrictions
or issues exist on such property that would limit the construction of EHUs.
B. Partialfees-in-lieu shall be paid when the calculation to determine
the number of employees generated under this Chapter results in a fractional
number of employees.
12-23.7.. MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed or acquired
in anticipation of future commercial development or redevelopment, provided
that those EHUs meet all applicable requirements of this Title. However, the
construction or acquisition of EHUs in anticipation of future development is at
the sole risk of the applicant, because the commercial development shall be
subject to all regulations pertaining to EHUs which are in effect at the time the
application for commercial development review is submitted to the Town, even
if those regulations change after the EHUs are constructed.
B. lt shall be the applicant's responsibility to provide documentation
of any existing EHU credit upon submission of an application for development
28
review. lf the applicant cannot adequately document such credits, the Town
shall not be obligated to provide such credit.
12-23-8: ADMINISTRATION:
A. Each application for development review shall include an
employee housing plan or statement of exemption.
B. An employee housing plan shall include the following:
1. Calculation Method. The calculation of employee
generation, including credits if applicable, and the mitigation method by
which the applicant proposes to meet the requirements of this Chapter;
2. Plans. A dimensioned site plan and architectural floor plan
that demonstrates compliance with Section 12-23-3, Size and Building
Requirements;
3. Lot Size. The average lot size of the proposed EHUs and
the average lot size of other dwelling units in the commercial
development or redevelopment, if any;
4. Schedules. A timeline for the provision of any off-site
EHUs;
5. Off-Site Units. A proposal for the provision of any off-site
EHUs shall include a brief statement explaining the basis of the proposal;
6. Off-Site Conveyance Request. A request for an off-site
conveyance shall include a brief statement explaining the basis for the
request;
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief statement explaining the basis of the proposal; and
8. Written Narrative. A written narrative explaining how the
employee housing plan meets the purposes of this Chapter and complies
with the Town's Comprehensive Plan.
C. The Planning and Environmental Commission shall approve,
approve with modifications or deny an employee housing plan unless the plan is
located within a Special Development District or includes a request to convey
property, in which case the Town Council shall approve, approve with
modifications, or deny the employee housing plan.
D. lf modifications to a submitted application for development review
changes the obligations of the applicant under this Chapter, the applicant shall
submit a modified employee housing plan. A modification to an employee
housing plan shall be reviewed by the body that reviewed the initial employee
housing plan.
29
E. An approved employee housing plan shall become part of the
approved application for development review for the affected site.
12-23-9: OCCUPANGY AND DEED RESTRIGTIONS:
A. No EHU shall be subdivided or divided into any form of timeshare
unit or fractional fee club unit.
B. EHUs shall not be leased for a period less than thirty (30)
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHU shall be continuously rented and shall not remain vacant
for a period in excess of three (3) consecutive months unless, despite
reasonable and documented efforts to rent, rental efforts are unsuccessful.
E. No later than February 1 of each year, the owner of an EHU shall
submit a sworn affidavit on a form provided by the Town to the Town of Vail
Comm u nity Development Department containing the following information :
1. Evidence to establish that the EHU has been occupied
throughout the year by an employee;
2. The rental rate:
3. The employer; and
4. Evidence to demonstrate that at least one tenant residing in
the EHU is an employee.
12-23-10= TIMING:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a temporary certificate of occupancy for the affected commercial
development or redevelopment.
12-23-11: VARIANCES:
Variances from the requirements of this Ghapter may be granted
pursuant to the procedures and standards set forth in Chapter 17 of this Title.
12-23-12: REVIEW:
A. Purpose. The Town Council intends that the application of this
Chapter not result in an unlawful taking of private property without the payment
of just compensation, and therefore, the Town Council adopts the review
procedures set forth in this Section.
B. Planning and Environmental Commission review. Any applicant
for commercial development who feels that the application of this Chapter
would effect an unlawful taking may apply to the Planning and Environmental
Commission for an adjustment of the requirements imposed by this Chapter. lf
the Planning and Environmental Commission determines that the application of
this Chapter would result in an unlawful taking of private property without just
compensation, the Planning and Environmental Commission may alter, lessen,
or adjust employee housing requirements as applied to the particular project
under consideration to ensure that there is no unlavvful uncompensated taking.
C. Town Council review.lf the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may request
a hearing before the Town Council. Such hearing shall be a quasi-judicial
hearing and conducted according to the Town's rules and regulations regarding
quasi-judicial hearings. At such hearing, the burden of proof shall be on the
applicant to establish that the fulfillment of the requirements of this Chapter
would effect an unconstitutional taking without just compensation pursuant to
applicable law. lf the Town Council determines that the application of this
Chapter would effect an illegal taking without just compensation, the Town
Council may alter, lessen, or adjust the employee housing requirements as
applied to the particular project under consideration to ensure that no illegal
uncompensated taking occurs. The decision of the Town Council shall be final,
subject only to judicial review.
Section 3. lf any part, section, subsection, senten@, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereol
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 13th day of March, 2OO7 and a public
hearing for second reading of this Ordinance set for the 3rc day of April, 2007, in the Council
Chambers of the Vail Municipal BuiHing, Vail, Colorado.
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
3'o day of April, 2007.
31
ATTACHMENT F - Ordinance No. 8, Series of 2007 (lnclusionary Zoning)
ORDINANCE NO.8
SER|ES 2007
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, BY THE ADDITION OF NEW DEFINITIONS TO SECTION 12.2.
2, AND THE ADOPTION OF A NEW CHAPTER 24, ENTITLED
INCLUSIONARY ZONING, AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail has experienced a decrease in population during the past
ten years due to market conditions that have given homeowners incentive to sell their
properties;
WHEREAS, during that period of time, housing costs in the Town of Vail have
increased at a much higher rate than income has increased;
WHEREAS, local residents own only approximately thirty-two percent (32%) of all
homes in the Town of Vail, and only twenty-two percent (22o/o) of those homes that were built
in 2005;
WHEREAS, it is estimated that forty-seven percent (47o/o) of households in the Town
of Vail earned less than one hundred percent (100%) of the area median income ($67,200 for
an average two-person family) in 2006;
WHEREAS, there are virtually no homes in the Town's housing market that are
potentially affordable to households earning less than one hundred forty percent (1a0%) of
the area median income ($89,600 for an average two-person family);
WHEREAS, there is a scaroe supply of developable land in the Town of Vail;
WHEREAS, through the Vail 2020 Strategic Planning Process, the community has
identified employee housing as one of the highest priority issues for the Town to address;
WHEREAS, there is a substantial, direct, and rationalconnection between the need for
employee housing generated by new residential development and redevelopment and the
requirements for the provision of employee housing, as documented in the report entitled,
"Town of Vail Nexus/Propottionalitv Analvsis for Emplovee Housing Mitiqation Proqrams,"
prepared for the Town by RRC Associates, Inc., dated March 12,2007 , a copy of which is on
file with the Town Clerk and available for public inspection;
WHEREAS, on March 12, 2007, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recpmmendation of denial
of the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the
Zoning Regulations of the Town of Vail;
32
WHEREAS, new residentialdevelopment and redevelopment in the Town will result in
new employees being needed for uses in the new buildings and for the maintenance of the
new buildings;
WHEREAS, the Town Council believes that the provision of a reasonable and
appropriate percentage of new employee housing is the responsibility of new residential
developments and redevelopments which have a nexus to new job generation and an impact
on housing units available to local employees;
WHEREAS, it is the Town Council's goal to provide housing for at least thirty percent
(30%) of the new employees generated from residential and commercial development in the
Town through the conjunctive efforts of this ordinance and the Town's commercial linkage
ordinance; and
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by adopting regulations which require mitigation of such impacts on
employee housing in the Town of Vail.
NOW, THEREFORE, BE lT ORDAINED BY THE Town Council of the TOWN OF
VAIL, COLORADO, THAT:
SECTION 1. SECTION 12-2-2 OF THE VAIL TOWN CODE IS HEREBY AMENDED
BY THE ADDITION OF THE FOLLOWING DEFINITIONS:
INCLUSIONARY ZONING: A zoning obligation based on the
community's need for employee housing considering many factors and
secondary impacts, including scarcity of developable land; rising home values;
inadequate availability of employee housing in the market; and direct employee
generation impacts.
REMODELING: The alteration or renovation of the interior only of an
existing residential dwelling unit in the Town of Vail, without any increase in
GRFA.
RESIDENTIAL DEVELOPMENT: A DEVELOPMENT THAT
INCLUDES AT LEAST ONE DWELLING UNIT, INCLUDING SINGLE-FAMILY
DWELLINGS, TWO.FAMILY DWELLINGS, MULTIPLE FAMILY DWELLINGS,
FRACTIONAL FEE CLUB UNITS, LODGE DWELLING UNITS, ATTACHED
ACCOMMODATION UNITS, AND TIMESHARE UNITS.
SECTION 2. TITLE 12 OF THE VAIL TOWN CODE IS HEREBY AMENDED BY THE
ADDITION OF THE FOLLOWING NEW CHAPTER 24:
CHAPTER 24: INCLUSIONARY ZONING
12-24-1: PURPOSEANDAPPLIGABILITY:
A. The purpose of this Chapter is to ensure that new residential
development and redevelopment in the Town of Vail provide for a reasonable
amount of employee housing to mitigate the impact on employee housing
caused by such residential development and redevelopment.
B. This Chapter shall apply to all new residential development and
redevelopment located within the following zone districts, except as provided in
Section 12-24-5:
1. H|GH DENSITY MULTIPLE FAMILY (HDMF);
2. PUBLIC ACCOMMODATION (PA);
3. PUBLIC ACCOMMODATION 21PA2l;
4. COMMERCIAL CORE I (CCl);
s. GOMMERCIAL CORE 2 (CC2l;
6. COMMERCIAL CORE 3 (CC3);
7. COMMERCIAL SERVICE CENTER (CSC);
8. ARTERIAL BUSINESS (ABD);
9. GENERAL USE (GU);
10. HEAVY SERVICE (HS);
11. LTONSHEAD MIXED USE 1 (LMUi);
12. LTONSHEAD MIXED USE 2 (LMU2);
13. SKIBASE/RECREATION(SBR);
14. SKIBASE/RECREATION 2 (SBR2);
15. PARKING DISTRICT (P); AND
16. SPECIAL DEVELOPMENT (SDD).
C. The requirements of this Chapter shall be in addition to all other
requirements of this Code.
D. When any provision of this Chapter conflicts with any other
provision of this Code, the provision of this Chapter shall control.
12-24-2: EMPLOYEEHOUSINGREQUIREMENTS:
Every residential development and redevelopment shall be required to
mitigate its direct and secondary impacts on the Town by providing employee
housing at a mitigation rate of ten percent (10%) of the total new GRFA. For
example, for a development proposing 5,500 square feet of new GRFA, the
calculation would be as follows:
5,500 square feet of new GRFA x 10%o mitigation rate = 550
square feet of employee housing to be provided
12-24-3: BUILDING REQUIREMENTS:
A. fable 24-1, Size of Employee Housing Units,
minimum size requirements for EHUs under this Chapter. All
or exceed the minimum size requirements.
establishes the
EHUs shall meet
TABLE24.1
SIZE OF EMPLOYEE HOUSING UNITS
Type of Unit Minimum Size (GRFA)
Dormitory 250
Studio 438
One-Bedroom 613
Two-Bedroom 788
Three-Bedroom 1225
B. Every EHU shall contain a kitchen facility or kitchenette and a
bathroom.
C. Alltrash facilities shall be enclosed.
D. Parking shall be provided as required by this Title.
E. Each EHU shall have its own entrance. There shall be no interior
access from any EHU to any dwelling unit to which it may be aftached.
F. EHUs shall not be included in the Town's calculations for density
control.
G. Every EHU shall be allowed three hundred (300) square feet of
additional garage area. Any EHU that does not have a garage shall include a
minimum of an additional seventy five (75) square feet for storage in addition to
normal closet space.
12-244: REDEVELOPMENT:
Employee housing need only be provided for the increase in the GRFA of
a redevelopment; provided however, that if any existing EHUs are to be
removed, an equal amount of EHUs shall be replaced in addition to other
requirements of this Chapter.
12-24-5: EXEMPTIONS:
The following shall be exempt from this Chapter:
1. The remodeling of an existing dwelling unit;
2. The replacement of a demolished residential development,
provided the replacement structure does not exceed the total GRFA of the
original structure; and
3. The construction of EHUs.
'12-24-6= METHODS OF MITIGATION:
The mitigation of employee housing required by this Chapter may be
accomplished through one of the following methods:
1. On-site units.
a. The requisite number of EHUs, or a portion thereof, may be
constructed on-site, provided that all on-site EHUs are deed restricted in
accordance with this Chapter.
b. At the sole discretion of the Planning and Environmental
Commission, an applicant may provide on-site dormitory units, unless the
application is for a Special Development District, in which case, the Town
Council, in its sole discretion, may accept dormitory units as a method of
mitigation.
2. Conveyance of property on-site. An applicant may convey on-site
real property to the Town of Vail on which no covenants, restrictions or issues
exist that would limit the construction of EHUs, at the sole discretion of the
Town Council.
3. Off-site units.
a. The requisite number of EHUs, or a portion thereof, may be
provided off-site within the Town, provided that such EHUs are deed
restricted in accordance with this Chapter.
b. At the sole discretion of the Planning and Environmental
Commission, an applicant may provide off-site dormitory units, unless
the application is for a Special Development District, in which case, the
Town Council, in its sole discretion, may accept dormitory units as a
method of mitigation.
4. Payment of fees-in-lieu. The Planning and Environmental
Commission may approve payment of a fee-in-lieu for each square foot of
employee housing required by this Chapter.
a. The fee-in-lieu for each square foot shall be established
annually by resolution of the Town Council, provided that in calculating
that fee, the Town Council shall include the net cost (total cost less the
amount covered by rental or sale income) of real property and all related
planning, design, site development, legal, construction and construction
management costs of the project, in current dollars, which would be
incurred by the Town to provide the square feet in that year.
b. An administrative fee, established by resolution of the
Town Council, shall be added to the amount set forth in paragraph a
hereof.
c. Fees-in-lieu shall be due and payable prior to the issuance
of a building permit for the development.
d. The Town shall only use monies collected from the fees-in-
lieu to provide new employee housing.
5. Conveyance of property off-site. The Town Council may, at its
sole discretion, accept a conveyance of real property off-site in lieu of requiring
construction of EHUs, provided that no covenants, restrictions or issues exist on
the property that would limit the construction of EHUs.
12-24.7 MITIGATION BANK:
A. The Town will provide credit for any EHUs constructed or acquired
in anticipation of future residential development or redevelopment, provided that
those EHUs meet all applicable requirements of this Chapter. However, the
construction or acquisition of EHUs in anticipation of future development is at
the risk of the applicant, because the residential development shall be subject
to all regulations pertaining to EHUs which are in effect at the time the
application for development review is submifted to the Town, even if those
regulations change after the EHUs are constructed.
B. lt shall be the applicant's responsibility to provide documentation
of any existing EHU credits upon submission of an application for development
review. lf the applicant cannot adequately document such credits, the Town
shall not be obligated to provide such credits.
12-24-8= ADMINISTRATION:
A. Each application for development review shall include an
employee housing plan or statement of exemption.
B. An employee housing plan shall include the following:
1. Calculation Method. The calculation of the inclusionary
zoning requirement, including credits if applicable, and the mitigation
method by which the applicant proposes to meet the requirements of this
Chapter;
2. Plans. A dimensioned site plan and architecturalfloor plan
that demonstrates compliance with Section 12-24-3, Building
Requirements;
3. Lot Size. The average lot size of the proposed EHUs and
the average lot size of other dwelling units in the commercial
development or redevelopment, if any;
37
4. Schedules. A timeline for the provision of any off-site
EHUs;
5. Off-Site Units. A proposal for the provision of any off-site
EHUs shall include a brief statement explaining the basis of the proposal;
6. Off-Site Conveyance Request. A request for an off-site
conveyance shall include a brief statement explaining the basis for the
request; and
7. Fees-in-lieu. A proposal to pay fees-in-lieu shall include a
brief statement explaining the basis of the proposal.
8. Written Narrative. A written narrative explaining how the
employee housing plan meets the purposes of this Chapter and complies
with the Town's Comprehensive Plan.
C. The Planning and Environmental Commission shall approve,
approve with modifications, or deny an employee housing plan unless the plan
is located within a Special Development District or includes a request to convey
propefi, and then the Town Council shall approve, approve with modifications,
or deny the employee housing plan.
D. lf modifications to a submitted application for development review
changes the obligations of the applicant under this Chapter, the applicant shall
submit a modified employee housing plan. A modification to an employee
housing plan shall be reviewed by the body that reviewed the initial employee
housing plan.
E. An approved Employee Housing Plan shall become part of the
approved application for development review for the affected site.
12-24-9: OCCUPANCY AND DEED RESTRICTIONS:
A. No EHU shall be subdivided
unit or fractional fee club unit.
B. EHUs shall not be leased
E. No later than February 1
shall submit a sworn affidavit on a form
information:
or divided into any form of timeshare
for a period less than thirty (30)
of each year, the owner of each EHU
provided by the Town with the following
consecutive days.
C. An EHU may be sold or transferred as a separate unit on the site.
D. An EHU shall be continuously rented and shall not remain vacant
for a period in excess of three (3) consecutive months unless, despite
reasonable and documented efforts to rent, rental efforts are unsuccessful.
1. Evidence to establish that the EHU has been rented or
owner occupied throughout the year;
38
o
The2.rental rate:
3. The employer; and
4. Evidence to demonstrate that at least one tenant residing in
the EHU is an employee at a business located in Eagle County.
12-24-10: TIMING:
All EHUs required by this Chapter shall be ready for occupancy prior to
the issuance of a temporary certificate of occupancy for the affected residential
development.
12-24-11: VARIANCES:
Variances from the requirements of this Chapter may be granted
pursuant to the procedures and standards set forth in Chapter 17 of this Title.
12-24-122 REVIEW:
A. Purpose. The Town Council intends that the application of this
Chapter not result in an unlaMul taking of private property without the payment
of just compensation, and therefore, the Town Council adopts the review
procedures set forth in this Section.
B. Planning and Environmental Commission review. Any applicant
for residential development who feels that the application of this Chapter would
effect an unlavvful taking may apply to the Planning and Environmental
Commission for an adjustment of the requirements imposed by this Chapter. lf
the Planning and Environmental Commission determines that the application of
this Chapter would result in an unlawful taking of private property without just
compensation, the Planning and Environmental Commission may alter, lessen,
or adjust employee housing requirements as applied to the particular project
under consideration to ensure that there is no unlawful uncompensated taking.
C. Town Council review.lf the Planning and Environmental
Commission denies the relief sought by an applicant, the applicant may request
a hearing before the Town Council. Such hearing shall be a quasi-judicial
hearing and conducted according to the Town's rules and regulations regarding
quasi-judicial hearings. At such hearing, the burden of proof shall be on the
applicant to establish that the fulfillment of the requirements of this Chapter
would effect an unconstitutional taking without just compensation pursuant to
applicable law. lf the Town Council determines that the application of this
Chapter would effect an illegal taking without just compensation, the Town
Council may alter, lessen, or adjust the employee housing requirements as
applied to the particular project under consideration to ensure that no illegal
uncompensated taking occurs. The decision of the Town Council shall be final,
subject only to judicial review.
Section 3. lf any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and
the inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer.
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE lN FULL ON FIRST READING this 13th day of March, 2007 and a public
hearing for second reading of this Ordinance set for the 3rc day of April, 2007, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
3'd day of April, 2007.
40
o
10,
o
n-LieuATTACHMENT G - Resolution Series of 2007 (Payment of Fees-l
RESOLUTION NO. 1O
Series of 2007
A RESOLUTION ESTABLISHING THE 2OO7 PAYMENT OF FEES-IN-LIEU FOR EACH EMPLOYEE
TO BE HOUSED, AS REQUIRED BY CHAPTER1Z-23, COMMERCIAL LINKAGE, AND FOR EACH
SQUARE FOOT, AS REQUIRED BY CHAPTER12.24,INCLUSIONARY ZONING, VAIL TOWN
CODE;AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, on April 3,2007, the Vail Town Council will consider the adoption of Ordinance
Nos. 7 & 8, Series of 2007, with the intent of establishing Commercial Linkage and Inclusionary
Zoning requirements in the Town of Vail; and
WHEREAS, pursuant to Sections 12-23-5 and 12-24-6, Methods of Mitigation, payment of
fees-in-lieu is one of five (5) methods by which the mitigation of employee housing required may be
accomplished; and
WHEREAS, in accordance with Sections 12-23-5 and 12-24-6, the fees-in-lieu for each
employee to be housed and for each square foot of employee housing required shall be established
annually by resolution of the Vail Town Council; and
WHEREAS, the Vail Town Council has determined that the proposed fee-in-lieu amounts
accurately reflect the affordability gap between a two person household earning 120% of the Area
Median Income (AMl) and the 2006 Median Cost per Unit; and
WHEREAS, the Vail Town Council finds that this Resolution furthers the development
objectives of the Town and is in the best interest of the Town as it promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances the availability of
employee housing within the Town of Vail.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO:
1. Establishment of Fees-in-Lieu
a. The fees-in-lieu for each employee to be housed or for each square foot
of employee housing provided in accordance with Chapters 12-23, Commercial
Linkage, and 12-24, Inclusionary Zoning, shall be established annually by
resolution of the Town Council, provided that, in calculating that fee, the Town
Council shall include the net cost (total cost less the amount covered by rental
or sale income) of real property and all related planning, design, site
development, legal, construction and construction management costs of the
project, in current dollars, which would be incurred by the Town to provide
housing for the employee to be housed or for each square foot of employee
housing provided in that year;
b. An administrative fee of $3,000/per employee or $3.65 per square foot
shall be added to the amount set forth in paragraph a hereof.
c. Fees-in-lieu shall be due and payable prior to the issuance of a building
permit for the development.
41
d. The Town shall only use monies collected ftom fees-in-lieu to provide
new employee housing.
The calculation formula for fee-inlieu has been attached for reference (Exhibit A).
2. 2007 Pavment of Fees-in-Lieu Amounts
a. Fee-in-lieu per employee (commercial linkage) = $131,385
b. Fee-in-lieu per square foot (inclusionary zoning) = $236.65
3. Effective Date of the Resolution
This resolution shall become effec{ive upon the adoption of Ordinance Nos. 7 & 8,
Series of 2007, more commonly refened to as the ordinances establishing Commercial
Linkage and Inclusionary Zoning in the Town of Vail.
INTRODUCED, READ, APPROVED AND ADOPTED this 3d day of April, 2007.
42
ATTACHMENT H - Notice
t^\I\\\\ r \r \
l--.--$dr It*_,_-:-.-rt ,ruvilatww
THIS ITEII HAY AFFECT YOUR PROPERW
PUBLIC NOTICE
NOTICE tS HFREBY GIVEN that the Planning and Erwironni€ntsl Colnmission of lhe
Town of Vail will lrcld a puHic headrrg in accordane with section 12-3€' Vail Town
Code, on ilovemb€r 28,28W, at l:fi} pm in the Tonrn of Vail Municipal Building' in
consideration of:
A request ficir a final revbw of a csrditbnal us€ permh, pucuanl to Section 12'7H4, -^itPpermiteC and Csnditional Usea, Second Floor and Above, Vail Totrn Code, to allorirr for flt{-1 ,1
a businese oflice (real e$tate ofice) located at 715 LionshEad Circlo {Vall Maniolt ,rtrt 4
Mountain Resori and Spaylot 1, W€st Day Subdivision, and selting forth detail$ in ' r
regard thereto. (PEC07-0060)
Applbanl: Diamond Rock Hospilality Company, rcprcisented by Robert -oss
PlanrBr: Nicol€ PoteBon
The applications and information abord the proposals are available for public insp€ctlon
durirq oftce hours at the Town of Vail Community Developilent Departmetil, ?.6.South
Frontag€ Road. Tha public is invited to attend proiect oriertation and the site visits thst
precede the public headng in the Tonn of Vait Conrmunity Development Depailmert
Please call 970.47*2139 for edditional hformEtion.
Sign languagp interpr€tatbn is available upon request, wifr 24-hour nolificffion. Please
cafi 97$47$2356, Telephore forthe Hea.i]€ lmFired, for information.
Published November 9, 2007, in th; Vail Daily.
43
(,5)
)'
VAIL MOUNTAIN
RESORT & SPA
,\arnotL
Gold Key
Recipient
"Conde Naste Top Ten
Ski Resorts" Award Winner
@",ff4dw
As the General Manager of the Marriot Vail Resort, I provide this letter as written
approval of the project proposed by The Ritz carlton club - Vail. I understand
the project to include the remodel of rooms 605 and 5O7 into a single marketing
gallery and business office. I further understand that the aforementioned rooms
willbe rest to their original use as the project needs are Jatisfied.
I understand that modifications to the plans may occur to ensure
the torl4n's applicable codes and regulations.
Pease
General Manager
The Marriott Vail Resorts
715 West Lionshead Circle . Vail, Colorado 81657 . (970) 476-4444. Fax (970) 476-1,647 . w\ /w.vailmarriott.com
Tt tt' Rtrz-(i,tR.tToN (lLtJR'
Mr. Wanen Campbell, Planner
Department of Community Development
75 South Frontage Road
Vail, Colorado 81657
Dear Sir,
l. Summarv:
The applicant" Ritz Carfton Development Gompany (RCDC), rcpresented by Mr- Robert Foss, is
requesting a Conditional Use Permit pursuant to Section 12, VailTown Code, to allowforthe
placement of a lobby desk and the remodeling of a 2 roqn hoepitality suite at the Vail Maniott
Mountain Resort and Spa, located at715 Lionshead Circle, Lionshead, CO. and setting forth details
in regard thereto.
Agents: Mr. Robert Foss, Clement Foss Architec'ts is serving as agent to RCDC. Mr. Dave Pease,
GM of tre Vail Maniott Mountain Resort and Spa ls serving as Agent forthe hotel owners,
DiamondRock Hospitrality Company. DiamondRock purchased the hotelfrom VailResorts in 2005.
Based upon this memorandum and the evidence and bstimony presented, we request thatthe
Communi$ Development Department recommend approval for Conditional Use.
ll. Description of the Request
The applicant, RiE Carlton Development Gompany (RCDC), is requesting a conditional use permit
pursuant to Section 12, Vail Town Code, to allow for the placement of a lobby desk and for the
remodeling of the 2 room hospitality suite (605/607) into a business office at the Vail Maniott
Mountain Resort and Spa (see attached site plan).
The lobby desk will temporarily occupy the southuest corner of the existing library (see attached
lobby plan) and consists of the existing bookcase, a desk with 1 stafi chair and 2 guest chairs. The
desk will function as a greeting space for interested persons. Those desiring more information will be
escorted to the 6e floorbusiness office.
The business office will temporarily occupy the existing 2 room hospitality suite (605/607) on the 6rh
floor of the west wing (see attached 6'floor plan). The office will function as a marketing and sales
gallery for the Ritz Carlton project, under construction next dmr to the hotel. lt will include a scale
model, video presentations, information exhibits, sample materials and offce area. (see attached
Gallery plan).
The RiE Carlton Development Gompany
6849 Weet*ood Bouloverd, Suite 500, Orlando, Fbrida 32821€ggq o (407) 206€000
Tt tr Rtrz--(l rRntx Ct-t;n"
lll. Backoround:
This temporary use is in support of the previously approved Ritz Cartton Club and Residences Vail,
cunently under construction atthe old West Day Lot in Lionshead. The Club portion includes 45 units
(2, 3 and 4 bedrooms) ot a 1112n interest (3 week) fractional, marketed and sold by the Ritz Carfton
Development Company.
The Residences include 71 whole ownership unlts, sold by Slifer, Smith and Frampton. The Club and
Residences share some common elements including the main lobby and most amenities. Both
entities are to be managed by the Ritz Carlton Hotel Company.
The RiE Cartton conEtruction has recently started and occupancy is scheduled for July 2010.
Vl. Relationshio / lmoac't on town obiec'tives:
Chapter 12-1-2: Purpose: A:
This project promotes the general pulpmes of the Town in support of the previously approved RiE
Carfton projec{, helping to ensure its economic viability, increasing the number of live beds in a
healthy, sab and moralway. The business is conducted in a harmonious and coordinated manner by
a reputable company. This conditional use permit will enhance and oonserve the natural environment
by bringing the dected hotel space into cunent compliance, as well as enhancing the resort
character of the community.
Chapter 12-1-2: Purpose: B:
This proposal achieves the specific purposes of the Town as follows:
1. Because the conditional use oocurs within an existing building it should not affectthe light, air,
sanitation, drainage or public facili[es of the Town.
2. Because the conditional use o@urs within an existing building it should not affect the ability to
secure the safety from fire, panic, flood, avalanche, a@umulation of snow or dangerous conditions of
the Town. Specifical$, we will make code required improvements to the fire protection and separation
systems of the afiected spaces.
The Ritz Carfton Development Company
6649 Westwood Boulevard, Suite 500, Odando, Florida 32821d)99 o 1407) 206€000
Tr rr, I{rrz-(l,rRm)N (llt-rR
3. The business use will promote safe and efficient pedestrian and vehicular traffic circulation. We do
not believe it will add to the congestion in the streets. Specifically, by marketing to existing hotel
guests and visitors we do not expect to increase traffic. Our staffing consists of 1 employee located in
fhe 6th floor space and 1 employee at the desk. 1 other employee is on rotation (only 2 employees in
the hotel at any one time) during the next ski season. The hotel parking is not at capacity during the
ski season because of the large quantig of group tours. During the summer, when hotel parking jg at
capacity, there is plenty of excess capacity with free parking at the Lionshead public parking lot.
Additionally, the new parking struc'ture is scheduled to be completed early, which should further
enhance parking.
4. Please see the ebove comments as they relate to off-sheet parking. The proposed office use will
require minimal loading impacts. Our main intent is to only generate marketing leads in the 07/08
season. We could start sales contracts in the 08/09 season, but also intend and need to have other
city-approved VailMllage gallery space by then.
5. The proposed marketing and sales activities conserve and maintain the established community
qualities and economic valuee. Specifically, the lobby desk will be use as a greeting space only, with
interested parties being escorted up to the 6s floor gallery. The 6m floor is currently a hospitality suite
floor, already used for receptions and events, not usually for vacation hotel guests. Regarding
economic value, the marketing and eventual sales will be working toward generating over 540 club
memberships and a potential 1080 or more vacation visits per year. Each membership includes 1 or 2
ski season visits and 1 summer visit (or vice versa), plus opportunity for additional shoulder season
use. lf Conditional Use is approved, marketing starts this ski season, with Ritr Carlton occupancy in
summer season of 2010. We will retum the hospitality suite to its original use between summer and
skiseason 2010.
6. As the 6th floor is already business oriented, we believe that the Conditional Use is in keeping with
a harmonious, convenient, workable relationship and consistent with both the Town and hotel
objectives.
7. Because ure are working within an existing structure, we will not be contributing to excessive
population densities or overcrowding of the land. The hospitali$ suite cunently only includes 2 double
beds and a living area. Our intended use maintains the living area, with the bed area used as gallery
spa@. For aprds ski events ure intend to have maybe 3 - 4 hotel guest couples visit at most. This
would be consistent with hospitality events that already oocur.
8. The proposed Condition Use makes no changes to the appearance of the town. Any tenace
informationalexhibits will occur belo,v the current balcony visibility line. We intend to add thematic
decorative portable 'screens' to divide the existing hospitality event tenace from the gallery terrace.
The 'screens' will be perpendicular to town view lines (see 6n floor plan).
The Rits Cadton Development Company
6O49 Westrivood Boulevard, Suite 500, Orlando, Ftorida 32821€999 r (407) 206€000
TI tt' Rrz-(l.rRl.T()N (l-tJR
9. The proposed Condition Use makes no changes to the natural fieatures of the town.
10. The proposed Condition Use makes no changes to the open space or amenities of the toum,
11. We believe the proposed Condition Use is consistent with the approved Ritz Cartton project,
orderly growth and a viable Lionehead.
Chapter 12-7 H: Purpose :
This proposal actrieves the specific purposes of the Lionshead Mixed Use district in its support of the
approved Ritz Carlton Club and Residences Vail project.
Section 4.13 Live Beds / Section 5.13 The Maniott
There are 276 short term accommodation rooms, not including the hospitality suites at the hotel. All of
the short term rooms are being retiained. There are a total of 44 accommodation rooms at the hotel.
Approval of the Conditional Use will enhance the Town and sQnificantly increase the availability of
live beds through the redevelopment of the adjacent site (see 5.13.1) and the marketing of the 45 Rits
Cartton Club units. The potentialfor new live beds being marfteted is 540 uleeks. The Conditional Use
does temporarily take one hospitality suite (see existing 605/607 plan) out of use. The hospitality suite
overlooks the construction site and is not prime space for guesb (see site plan).
The time frame for the Conditional Use is between Jan.2O07 and August 2010. The time frame
includes a 6 week conversion time at the beginning and end of the Conditional Use. Historically, the
hotel is at maximum capacity less than 30 days per)re3r. Because the beginning the convension is
scheduled for Jan. 07, occupancy in 4 rooms on the 5n floor directly below may also be temporadly
affected. A summer season conversion back to the hospitality suite beginning in June 2010 is not
expec'ted to affect occupancy.
Zoning
The Gonditional Use supports the policy objective 2.3.3 through the promotion of increased live beds.
Sunounding land uses are not affected by this temporary Conditional Use.
There are no Major ExteriorAlteratkrns. The Conditional Use does not modiffthe existing buiHing
exterior in any way. lnformational exhibits are below the existing balcony line. Portable screening
elementE are temporary and not attached to the building.
The Ritr Carlton Development Company
@49Westurood Boulevard, Suib 500, Orlando, Florida 32821€95 o (407) 206€@0
Tr tr Rrz--(l,rnLtr)N ()-un'
Parking
The hospitalig suite requires 1.4 parking spaoes (verify). The Gonditional Use requires 2.5 spaces.
There are only 2 stafi anticipated at this location. The hotel is allocating 2 spaces during the
temporary displacement of the hotel parking to the Holy Cross site. Upon early completion of the Ritz
Carfton garage, 3 spaes could be allocated (see also response Chapter 12-1-2-8 - 3 above).
Sincerely, A,'iwc.'J
Robert C. Foss, Consultant to RCDC
Clement Foss Architects
2709 South MacDill Avenue
Tampa, Florida 33629
813 831 3223
The Ritr Carlton Development Company
6a49 Weshrood Boulevard, Suite 5911, Orlando, Florida 328216090 . (407) 206€000
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November 7th,2OO7
Nicole Peterson
Planner
Town of Vail
75 South Frontage Road
Vail, CO 81657
Re: Conditional Use Permit Application for Ritz Carlton Club Gallery @ Vail Marriott - Supplementary
lnformation
Nicole,
Please find attached the site plan with the location of the two hospitality suites indicated.
Our proposed conversion of two hospitality suites into a business office at the Vail Marrioft will require a
change in occupancy from R-1 to B. (Please note that the building is equipped with an automatic
sprinkler system).
This occupancy change will require the following:
1. The floor and ceiling separations of t hour construction to be verified and maintained.
2. The wall construction at the adjacent stair should be 2 hour and will be verified and maintained.
3. The wall construction between Unit 607 and Unit 609 will need to be t hour construction. The
existing construction will be verified and the documents will indicate that the partition wall will
consist of 5/8 Type X Gypsum Wall Board on either side of the 3 5/8 metal stud wall and that all
penetrations have been properly sealed or an equal assembly which will achieve a t hour rating.
4. The Construction Documents will be clearly noted so that the Building Official and General
Contractor are both aware as to what areas compliance will need to be met.
Additionally, there are two minor changes to the information we submitted last week. There are two
places in the letter from the owner that mention early completion of the garage which need to be revised
as follows:
3d page, top paragraph - Additionalty, the new Ritz Cartton parking structure, when
completed, will further enhance area parking.
dn page, last paragraph - Upon completion of the Ritz Carlton parl<ing garage,3 spaces
could be allocated (see a/so response Chapter 12-1-2-B-3 above)
Regards,
Shana Widmer
t?0.t2{.2169
Page I ofl
Nicole Peterson - Re: Public Hearing
From:
To:
Date:
Subject:
ll/2112007 2:52PM
Re: Public Hearing
Nicole,
As I read thru the report there were 2 mino/6larifications that I ttrought you should be aware of. I do not
believe they make any substantial change/On page 8, Review criteria l: This office is only for the 45
,R{ch$ units.?age 8, Review Criteria l;{=f+#:garage opens the same time as the resort (not
early). We will close the Vail Maniott office at that time and move into the Ritz Carlton.
Again, Happy Thanksgiving.
Rob
Email and AIM finally together. You've gotta check out free eOL Meil!
file://C:\Documents and Settings\Administrator\Local Settings\TempU(Pgrpwise\474446.'. lln6l2007
Development Review Team & Construction Update
Community Development Large Conference Room
Wednesday at 9:00am
October 31,2007
AGENDA
9:00 Development Review Team
Purpose: Provide coordination and input across Departments on proposed development proposals
Staff ltem / Tooic Descriotion
CD 1. Building Department Updates
WC 2. Planning Department Updates
Time
15 minutes
10 minutes
5 minutes
20 minutes
5 minutes
10 minutes
10 minutes
10 minutes
WC
CD
SH
BG
RLF
NP
3. Code Enforcement Update
4. Solaris Comments
5. Treetops Loading Dock
6. Selby Residence - PW & Fire Discussion
7. lrwin Parking Spaces - PW Discussion(1lz ln lAa-tnbt-
8. ftGratibr+€dce Office- PW, Fire & Building Discussion
@ ft^\rulA i' M\E*
1 0:30 Consi*ruction Update
Purpose: Provide staff coordination on public and private construction projects
't. Update from Lionshead - LS 10 minutes
2. Update from Village SB 10 minutes
3. Other ROWUtility lssues 10 minutes
Other -
DRB/PEC Updates
b -trt V9 ?-or. -- W-l){
5 minules
5 minute
List of Adjacent Property Owners
This listwas derived from a conversation with Warren Campbell conversation with Stewart Title
and verified by phone contact with each properly management.
VailSpa
Andy Ford
c/o East West Resorts
710 W Lionshead Circle
Vail, CO 81657
Montaneros
Kieth Odza
c/o Montaneros
641 W Lionshead Circle
Vail, CO 81657
Antlers
Rob LeVine
c/o Antlers Lodge
680 W Lionshead Place
Vail, CO 81657
Lion's Square Lodge North
BillAnderson
c/o Lion's Square Lodge
660 W Lionshead Place
Vail, CO 81657
Enzian
Geoff Wright
c/o Destination Resorts
610 W Lionshead Circle
Vail, CO 81657
Gore Creek Place
Wayne Ruting
173519th Street, Penthouse 78
Denver, CO 80202
Ritz-Garlton Glub Residences - Vail
Todd Goulding
c/o Vail Resorts Development Company
PO Box 959
Avon, CO 81620
The Town of Vail
Warren Campbell
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on November 26,2007, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a conditional use permit, pursuant to Section 12-7H4, ^'JtVl Permitted and Conditional Uses, Second Floor and Above, Vail Town Code, to allow for dlT r ^a* a business office (real estate office) located al 715 Lionshead Circle (Vail Marriott' ,,F[' .{
n Mountain Resort and Spa)/Lot 1, West Day Subdivision, and setting forth details in
regard thereto. (PEC07-0066)
Applicant: Diamond Rock Hospitality Company, represented by Robert FossPlanner: Nicole Peterson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is availabb upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing lmpaired, for information.
Published November 9,2007 , in the Vail Daily.
Page 1
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TOWNOFVAIL, COLORADO Statement
Statement Nunlcer: R0?0002368 Amount: $550.00 L0/30/2OO708:40 AIrt
Payment Method: Check
FOSS ARCHITECTS
Init: rfS
Notation 3 223 5 /CLmlH\rT
Permit No:
Parcel No:
Site Addreaa:
Location:
Ttris Payment:
P8C070066 r]rl)e: PEC
2LOL-072-L700-L
720 W IJTONSHE.AD CR \TAIIJ
II{ARRIOTT, 5Tll FIJOOR, Y|EST
$6s0.00
- conditional use
WING
Total Fees:
Total AIIJ Pnrts:
Balance :
$6s0. oo
$6s0.00
$0.00
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ACCOUNT ITEM LIST:
Account Code De s cript ion Current Pmts
PV 001_00003112500 PEC APPLICATION FEES 650. 00
h1afDr/ 6,t-
/"+ /
Oanirll,lTY CEIELOFI'GIIT
Design Review Board
ACTION FORI4
Department of Commun ity Development
75 South F ontage Road, Vail, Colorado 81657
tel: 970.479.2139 tex:. 978.479.2452
web: www.vailgov.com
ProiectName: MARRIOTTREROOFNEBLDG DRBNumber: DR8070250
Project Description:
FINAL APPROVAL FOR A MINOR ALTERATION TO REPI.ACE FLAT ROOF SYSTEM AT THE NORTH
EAST BUILDING SAME FOR SAME
Participants:
OWNER DIAMONDROCK VAIL OWNER IIC O6ILTI2007
C/O DIAMONDROCK HOSPFALITY CO
5903 ROCKLEDGE DR STE 8OO
BETHESDA
MD 20817
APPLICANT ATIIANCE RESTOMTION SERVICE06/11/2007 Phone: (970)328-4900
PO BoX 109
EAGLE
co 81631
License: 289-A
CoNTMCTOR ALLIANCE RESTOMTION SERVICE06/11/2007 Phone: (970)328-4900
PO BoX 109
EAGLE
co 81631
License: 289-A
ProiectAddressz TZQWLIONSHEADCRVAIL Location:
VAIL MARRIOTT NE BLDG
Legal Description: Lot: 1 Block Subdivision: WEST DAY SUB
Parcel ilumbeft 2t0l-072-l70o-l
Comments:
Mouon By:
Second By:
Vote:
CondiUons:
BOARD/STAFF ACTION
Action: STAFFAPR
Date of APProval: O6|IU2OO7
@nd:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 0
(PLAN): DRB approval does not constitute a permit for building. Please onsult with
Town of Vail Building personnel prior to construction activities.
C.ond: 201
.trni\ tt *.ti \i.tr :
\ nr DRB apprwal shall not become wlld br 20 dqn tullotrving the date of appronal.
Cond: 202
Approval of this poject shall hpe and beome vold one (1) year bllowlng the dab
of final apprwal, unless a buildlng pemlt ls bsued ard consUucfron b onnrcned
'and is diligenfly pusued toward ompledon
Cond: 113
All darelopment applkations submitEd b the Tovn after the efr€cth,€ date of
Ordinane 26, Serles 2006 shall be subJect to the perding ernployee houing
regulatlons ln whatever furm they arc finally ado@; provided, however, that if
the Torvn fdlls b adopt $e perding anployee luslrB regulatlcts by Aprll L5, ?s0,7,
thls Ordinane shall not apply b sttctt detdopnent aPplbaUons.
Planner: Joe Suther DG Fee Pald: $25O.OO
Minor Exterior Alteratio
Application for Design Re
Department of Community Development
75 South Fronbge Road, Vail, Colorado 81657
tel: 970.479.2L28 fax: 970.479'2452
webl www,\railgorr.com
General Information:
All projeds requiring design review must receive approval prior to submifring a building permit application' Please
refer to the submittal requiremenb for the partiorlar approval that is requested. An application for Design Review
cannot be accepted untii all required information is received by the Community Dwelopment DepartmenL The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
beiign review apprcval lapses untess a building p€rmit is issued and construction commences within
one year of the apprcval.
Description of the Request:
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2007 u
VAIL
liri{ o 8
TOWN OF
Location of the Proposal: LoH-Block:- Subdivision:
Physical Address:
..--' parcef no.z )) 0 | OT ?t7 Ofi | (ContactEagleCo.Assessorat9T0-328-8640forparcel no')
Zoning:
/F
nO )d)l
4
-
E-mail Address:
Type of Review and Fee:
tr Signs
E Conceptual Review
tr New Constructiontr Addition
t.r\Minor Alteration( (multi-family/commercial)
D Minor Alteration
(single-family/duplex)
El Changes to Appro/ed Plans
tr Separation Request
$50 Plus $1.00 per square foot of total sign area.
No Fee
$650 For constuction of a new building or demo/rebuild.
$3OO For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
$250 For minor changes to buildings and site improvements, such as'
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For minor changes to buildings and site improvements, such as,
re-roofing, painting, window additions, landscaping, fences and
retaining walls, etc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board,
No Fee
Name(s)of owner(s): l\tAfit''A 4 dCP t'/A/L rU "6e LLL
Mailing Address:
Phone:
Owner(s) Signahrre(s):
NameofAppliantz *LL.
Mailing Address:
PROPOSED MATERIAI.S
Tvoe of Material ColorBuildino Materials
Roof
Siding
Other Wall Materials
Fascia
Soffits
Windovvs
WindowTrim
Doors
Door Trim
Hand or Deck Rails
Flues
Flashing
Chimneys
Trash Enclosure
Greenhouses
Retaining Walls
b<lerior LighUng
Other
Notesi
Plmse specify the manuhcturer's name, the color name and number and attach a color chip,
F:\cdw\FoRMS\PERMm\Planning\drb-mlnor-alLu-23-2005.d0c
tL12312005
Page 6 of 13
o Location of all requircd parking spacesr Snow storage areas.. Proposed dumpster location and debil of dumpster enclosure.
o Retaining walls with proposed elevaUons at top and bottom of walls. A detailed cross-section and
elevagon drawings shall be provided on the plan or separate sheet. Sbmped engineering
drawings are required for walls between 4'and 6'feet in helght.
r Delineate areas b be phased and appropriate timing, lf applicable
. landscape Plan:. Scale of 1" = 20'or larger. Landscape plan must be drawn at the same scale as the site plan.
r Location of existing bees, 4" diameter or larger. Indicate trees to remain, to be relocated
(including new location), and to be removed. Large stands of trees may be shown (as bubble) if
the strand is not being affeded by the proposed improvements and gnding.
. Ind'rcate all o<isting ground over and shrubs.
r Detaild legend, listing the type and size (caliper for deciduous bees, height for onifers, gallon
size for shrubs and height fior founda0on shrubs) of all the o<isting and proposed plant materhl
including ground cover.. Delineate crigcal root zones for o<isting trees in close proximity to site grading and onsFuction.
. Indicate the location of all proposed phntngs.
. The locauon and type of o<isting and proposed watering systms to be emplryed in caring for
plant material folloring iE installation.o Existing and proposed contsur lines. Retaining walls shall be included with the top of wall and
the bottom of wall elerrations noted.
. Lighting Plan:o Indicate type, location and number of fixtures.
. Include height above grade, lumens outrut, luminous area
. Attach a cut sheet for each proposed fixture.
. REPANTPROPOSAIS
. For all proposals to repaint e"risting buildings, the following supplemental information is rcquired:
. Color chip or olor sample induding the manufacturer name and color numbe(s)
o Arcfritectural elevation drawings which charly indicate the location of proposed colon (ie. siding,
stucco, window Eim, doors, bsch, soffiits,'etc')
F:\cdev\FoRMs\PERMlTS\Planning\drb-minor-alt-11-23-2005'doc Page 5 of 13
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MANUFACTURER'S GUIDE SPECIFICATION
sEcTtoN 07142
VAPOR-LOCK REINFORCED, HOT.APPLIED
MEMBRAN E WATERPROOFING
Goatings & Waterproofing
sEcTtoN 07142
VAPOR-LOCK REINFORCED, HOT-APPLIED MEMBRANE WATERPROOFING
PART 1 - GENEML
1.1 SECTION INCLUDES:
Instiallation of patented Vapor-LockReinforced hot-applied membrane waterproofing sptem on surfacesindicated on drawingl'^c911gtlno of preparation oieiiiting and r;fiiieo su*aces, je;ing orcracL anojoints' application of cCW-71t-00 Snedr Membrane ano'ccw-sbo iot-Apptied iuemurlne. -- '
1.2 REI.ATED SECTIONS
A. Section 031S0 - Expansion JointsB. Section 03300 - Cast-ln-place Concrete.C. Section 06125 - Wood Decking.D. Section 07900 - Cautking and Seatants.E. Division 15 - Floor Draini and Standoioes.F. Division 16 - Conduit and other Etecirii:at_
1.3 REFERENCES
A. ASTM applicable standards and test methods.B. UL 790 Tesb for Fire Resistance of Roof Materials.
1,4 SYSTEM DESCRIPTION
Product provided by this Section is a 21 5 mil thick, reinforced, hot-applied rubberized asphatt membranes)6tem' consisting of one layerof ccW-71 1-90fabric reinfor;d m;;brane and one layerof hot-afptedrubberized asphalt membrane.
1.5 SUBMITTALS
A General: Submit in accordance with Section 01300.B' Product Data: Submit manufiacfurer's product literature and installation insbuctions.c' subcontractor's approval by Manufacturer: Submit document stating manufacture/s acceptance ofsubcontractor as an Approved Appricator for the specified ;t;;ia. 'D' warranty: submit a sample wanihty identifying tn'e terms lno'ionJitionr stated in section 1.7.
1.6 QUALITYASSUMNCE
A Applicator Qualifications: Applicator shall be experienced in applying the same or simitar materials anct_ shatl be specificaily approved in writing by the irembran" ,iiliaairi"r.B' Regulatory Requ.irements: .comply wiih ipplicable cooes, reguLtionr, oroin"n""s, and laws regarding
^ use and apprication of products that contain voratire organic &mpounds (voc).c' Pre-Application conference: . Prior to beginning wort<-, convenJ a conference to review conditions,instarration procedures, schedures and co6rdination with other work.
07142-1
'l ;,1.7 WARRANTY
- A' Provide a wriften, single source warranty for all slatem components agreeing that during the wanantyperiod to prompfly make repairs or repiacemeni of defective materials of the waterproofing systemwithout additional cost to the owner.B' The formation or presence of mold or fungi in a building is dependent upon a broad range oT factorsincluding, but not limited to, the pr.esence of spores a'nd nutrient sources, moisture, temperatures,climatic conditions, relative humidity, ano neiling7u;ittift systems and their maintenance andoperating capabilities' T hese f actois are beyonitne """iitr of carlisle and carlisle shall not be
'""pon:lb]:.P:.?ll_9l1tt, repairs, restoration, or oamages retating to the presence of any initants,contiaminants, vapors, tumes, molds,.tungi, 0""6i1", rp"iE , .ycotoxins, or the tike in any buitding or inthe air, land, or water serving the buildin{.'
,I.8 DELIVERY,STORAGEANDHANDLING
A' Deliver materials to Project site in original, fractory. -sealed, unopened containers bearing manufacturer,sname and rabej intact and regibre with fottowing intormation.--'1. Name of material.2. Manufacturer,s stock number and date of manufacture.3. Material safety data sheet.B' store flashing, membrane, mastic and primer in a protected area out of direct sunlight. protect from rainand physical damage.
1.9 PROJECT CONDITIONS
A' Donotapplyccw-711-g0membraneiftemperatureislessthan25degreesF. Donotapplyccw-soo
["#Tffi,St:lpj5:* is less than 0 desrees r. oo noi instan waierproofinsto
" dJnip, rrosty or
B' coordinate waterproofing work with other trades..The applicator shall have sole right of access to the_ specified areas for the time needed to complete tf,e apfiilition.c' Protect adjoining surfaces not to be waterproofed agaihlt da;age or soiling. protect plants, vegetauonand animals which might be affected by uraterproofi-ns oGLiid.,".D' wamoeg]lLglagainstbreathingorr4rorsJd;il;ffi;;riawithskinoreyes. wearappricabteprotective clothing and respiratory protection gear.E' Keep flammable products away ftbin sparr or-flame. Do not allow the use of spark producing equipmentduring application and until atl vaoors have dissipated-. po.ir.io sMorrrvoisag'risF' ff#|il y,,"J area in a neat and orderly conoiticin, r.emovin-g empty containers, iags, and rubbish daily
PART 2. PRODUCTS
2.1 MANUFACTURERS
Provide products manufactured and lyRclie bv Carlisle Coatings and waterproofing Incorporated 900Hensrev Lane, wvrie, Texas 7s098, prione: tsool sii-iogti.\, (wz) aaz_w7e.
2.2 PRODUCTS
A' Preformed sheet membrane: shall be cCW-71 1-90 90 Mil Sheet Membrane with polypropylene fabricreinforcement.B' Hot applied liquid membrane: shall be ccw-SO0tlot Applied Membrane, rubberized asphalt compound,and shall meet or exceed the requirements of CGSB_d7.S0-M89.
07142-2
2.3 ACCESSORYPRODUCTS
Flashings: shall be ccw-711-90 90 Mil Flashing or CCW oo mil uncured neoprene for non-exposedareas and Sure-Sealz EpDM Flashing for expos6d areas.surface Primer: shall be ccw-702 forccw-71 1-go ;emorane applications and cCw-702 under CCW-500 for flashing and detrail applications.
Mastic: Shall be CCW-704 Mastic.
sealants: shall be ccw-703 Vertical Grade LIQUIsEAL@ Membrane or ccw-201 two componentPolytrethane Sealant.
Backer Rod: Shall be closed+ell polyethylene foam rod.Expansion Joints: Shall be the E.t--Sti0
Protection Course: Shall be CCW protection Board-H or HS.Root Banier: Shalt be the RMB 4OO wim neat wJOed ,*r,Drainage Composite: Shall be ccw rrairaDnArx@
"-.
,""or."nded by the manufacturer for eachcondition.
lnsulation: shall be extruded polystyrene insulation with a minimum 60 psi compressive strengrth asmanufactured by Foamular or Dow.'
Pavers: where required, shall be as recommended and supplied by the membrane manufacturer.lTq:tq. qfin-a.e9 !r19m: Where requirto,-irrarfue bcw euickDmtNn.n'F' Froreqrve Mat shafi be appried over insuration prior to bailast pracement.
PART 3 - EXECUTION
3.1 |NSPECT|ON
A Before any waterproofing work is started. the. waterproofing applicator shalt thoroughly examine allsurfaces for any deficienCies. Should any deficienciei
""Ei fi"-Jr"nitect, owner, or general contactorshall be notified in writing and conectionl made.B. Condition of Concrete Sirfaces:
1' The concrete surfaces shatl be.of sound struc{ural grade, 3s00 psi minimum, and shallhave a smooth finish, free of voids, spatts, strarp pro-trusions or loose "d."g"ir.
''
2' concrete shall be cured uv water cuilhtffih;[ t;;g compounds must be of the pure.."j_'i1.:il!t"F.gpe and bL approved Uy ttre Cartiste representative.3' concrete shall be cured at teiit z oays anosrrarioe sr<iped for proper drainage.4' Voids exceeding 112", rock pockeF
"no "i""-"iiu"ry i,Ilrr surra'cei"r'ari ueiEp"ireo wirnalpro,ved non-shrink grout or ground to match the unrepaired areas.5' Two stage drains shall have a irinimum s in"h il"g; L"i oe instattei wiu the flange flushand level with the concrete surface.6. Surfaces at cold joints shall be on the same plane.
c' Altemate substr.ates: Adequate structural supportand the n umber, t ),pe and location of fastenersrequired to meet applicable codes should be o'eiermineo ano u"rii"J by the project engineer.1' s.!91 legrine.shall be 22 gauge minimum couer"d *itn *e; rnini,it-r-111-rn1',ii"o rvp" xSypslm board or approved equal.2' wood decking shail be 'll2" minimum exterior grade tongue and groove plpuood installedwith the long dimension perpendicular toioisis.hr outtioints shall be supported byframing.
3.2 SURFACE PREPAMTIONA' The substrate surface must be thoroughly clean, dry and free from any surface contaminates or cleaningresidue that may harmfully affect the iOtiesion of tre membrane. ,
q. Detail expansion joints per manutactuiei=s recommendation.c' Flaqhi4q M=ethpdrq+-qbq{A): Apply ccw-702 primer at the juncture of alt horizontat surfaces andvertical surfaces to the height inoiiit6o on tne orairings 1a;min.'recommenoeo), such as parapet wal6,curbs' columns and all pCnekations through he deik'at " rai" oiiioo-sso sq. ft. per galon. Avoidpuddles' Allow primer to dry for t hour minirium, s nours ;aximuni. ilgmbrane will not orooertv adheretowetorimer'Apply60-g0milsofccw-500memuraneiocou"ipii.6o"r"".. Instailccw-711-90m1sheet membrane or uncured neoprene flashing into this Rrst co,]rse or ccw-soo to cover the vertical
K.
L.
M.
07142-3
secfion and extend 6-inches onto deck surface. Flashing installation may be done during crack and jointteatnent or during instrallation of the first rayer of cCd-iod rneruran". completely cover all flashingmaterial during installati.on of the subsequeni layers of ccw-soo membrane. rbrmlnltl nash-ing on wa1per Carlisle 500-9 Details.D' Install Sure€eal EPDlr,l flashings in exposed areas per carlisle recommendations (VL-500.4B). Alwaysclean and prlme EPDM with EP-d5 Splice cirment po c".ri"r" spfice iroceaure'prior toapplication of CGW-500 membrane.E' Apply a thin film of CCW-550 Primer in a 4 foo-t square area around drains. Allow primer to dry ,l hourminimum, 8 hoyp m31T.1T: ApPly 90 mils or ccw-soo rneroran" o
"ou"r
primed areas. Instafl a 3foot square section of ccw-71 'l -00 or uncured n"opr"n" n".tring-oier fire orain and onto the deck. Nosplices or seams are allowed within 3'of the-drain ninge. rerminit" tre n"rning ;duiil" il-r;fig ,i.gof the drain and cul away the inner portion of th9 nasliit. u.sliirm Jressure to press the flashing againstthe CCW-500 surface and ensure good adhesion. oo iotinierrerJwith weep'holes.
3.3 APPLICATION
A" Apply CCW-702 primer to all surfaces to receive CCW-71 1-90 Sheet Membrane at a rate of 30G350 sq.ft' per gallon. Avoid puddles. Allor primer lo dry for 1 rrour minimum, e rrours maximur. lr/|lr;ri*
"in^ not proDerlv adhere lo wet primer.B' Apply CCW-71t-so sheet lvtembrane from.low to high poinl in a shingle fashion so that laps will shedwater. Begin instailation at lor edge of, dj"f: oveitaipinj il;;;dt portion oi previlr5v ir.t"n"oflashings. overlap all edges at least 2--'ll2"..End iaps shiio"""t"ss"i"d. piace sneet inero12rb or"n rrvso as to avoid wrinkles and fish-mouths. After installation, rollwi-0ia metal rotterwrappeJwrtr aiJsilientmateriar. Roiler shourd be 18'- 24" wide and weigh at reast 1oo b;.c' Heat CCW-S0o Membrane blocks in a twin wall kitflewith continuous agitation and applybebt/een 37s to- 395 F (caution: Do not exceed maximum safe op"oang iiii"ilii or rcar.1.D' Apply a coat of ccw-500 Hot Applied Membrand
"t "
ra[" oir-g
"q.
n. per gatton or as required to obtainan average thickness of 125 mils. Total thickness of the ccw vlpoi-t-oit< s)6tem
"tt"]fo" zis,irr.E' Apply CCW-500 over the ccw-711-90 sheet membrane and CCW-Uncured Neoprene Ftashing.F' Apply ccw Protection Board H or HS into tre iast course-of bdw-sl5o
"-"it'"priii,
g,"protestion board seams togetheiwith CCW_SOO.
3.4 FLOOD TEST
A' Allow CCW-500 Membrane to cool. Plug drains and provide bariers necessary to contrain flood water.B' Flood surface with 2" head of water for 14 hours. rnipect roi eaislnd repair membrane if leaks arefound. Retest after making repairs.
3.5 PROTECTION COURSE
A' Install CCW QuickDRAlN Perimeter Drainage System as the first course of drainage compositeimmediately after membrane has cured on verti;at surfaces. Install ccw nairaoniiN-ordinage
Composite.B' Install C CW M kaDMtN Drainage Composite 9000 or 9900 over CCW protection Board-H or HSProtection Course immediately after flood'testing on horbntal surfaces. lf flood testing is oJfayeo,insal
^ ? lemporary colering lo protect the CCW-500 membrane from damage by other traies. 'c' Apply the nu.p.+QQ !1 planter areas covered with soir. nppriover proiection Board and beneaththe MiraDRAlN. RMB 400 splices are a minimum of + incnes and heat welded
End of Section
Carlisle, Vapor-Lock, Sure'S_eal, CCW MiraDMlN, CCW QuickDMlN, and Liquiseat are trademarks of CarlisteCorporation. @ 1 996, 2005 Carlisle Corporation
Foamularn is a trademark of Oivens Coming
Dowil is a trademark of Dow Chemical
071424
DESCRIPTTON
Carlisle's Vaportock Sy$em utilizes the CCW-71 I sheet
membrane as a preformed first course on difficult to
waterproof substrates such as lightweight structural
concrete and wood. The CCW-711-90 sheet membrane
is a.90-mil thick composite consisting of a self-adhering
rubberized asphalt membrane laminateO to trigh_sfength]
heat-resistant woven polypropylene mesh. The rrroien
mesfi is designed towihstand hph tenrpenatres allor.ring
the membrane to become an integral reinforcement pai
of the CCW-500R HotApplied Membrane Sptem. '
The second course of the Carlisle Vapor-l_ock System is
the application of CCW-500. The CCW-S0O isL singte
component rubberized asphalt compound that formi a
tough, flexible, monolihic membrane overlhe CCW_711
sheet membrane. The fast set up time speeds the
completion of the waterproofing sptem.
TYPICAL USES
Carlisle's Vapor-Lock Sptem is used to waterproof
lightweight structural decks, inverted rmf sptems with
sieeldecks covered by grlpsum, Dens-Decl€or plyuood.
The Vapor-Lock Sptem is also ideal for conventional
waterproofing of split slabs, tunnels and plaza decks.
LIMITATIONS. Do not apply CCW-71 1 -90 membrane if temperature is
less than 25"F. Do not apply CCW-SOO membrane iftemperature is less than 0.F. Do not install
u€teproofng b a damp, ftostyor contamirated surface,. Altemate Subsfabs:Adequate stuctural support and
the number, tlpe and location of fastenerc rfruired to
meet applicable codes should be determined and
verified by the prcject engineer.. Sleel decking shall be 22 gauge minimum oovered with
5/8'minimum fire rated Type X gypsum board or
approved equal.. Wood decking shall be 112" minimum exterior grade
tongue-€nd-groove plyrcod instialled with the long
dimension perpendicular to joists. All butt joints shall
be supported byframing.
PACKAGING
CCW-500 is packaged in 45 lb. blocks, one block per
carlon, 64 cartons per pallet. Eactr block is sealed in a
polyehylene bag inside tle carton. The block, including
the bag, is placed in he ketUe, leaving only disposal of
the carton.
CCW-711 sheet membrane is packaged on rolls in the
folloMng sizes:
18'X 45'(67.5 sq. ft.) 36'X as'(135 sq. ft)
APPLICABLE STANDARDS
1. US Patent # 5,979,i33
2. Canadian Specification CGSB-37.50-M89
3. UL 790 Class A
4. City of New York MEA#63-96-M
COVERAGE
The blloning is a guide to estimab the amount of mate-
rials required for various membrane thicknesses.
215 mils applied = 1.23 lbs,fF = 7.46 ff/gal.
180 mils applied = 1.03 lbs/ft, = 8.91 ft?gal.
90 mils applied = .51 lbs/ft2 =i7.83 ff/gat.
WARNINGS AND HAZARDS
Use with adequate ventilation. Workers must use proper
protection to prevent bums. Refer to fie ItfSDS for im-
portant wamings and prcduct infomafnn.
PROPERTY TEST METHOD RESULTS
Solids content ASTM D.135:l
Flow ASTTT| D5329
Penetration ASTM D-S329
(Ul(}th mm)
Flash Poht ASTI D-93
Waler Vapor ASTfvt E-96 (B)
Permeance
Toughness CGSB-97.50-I 89
Ratio of Toughne$ CGSB-37.50-M89
to peak load
Adhesion
Sollening
Viscosity
Water Absorption
Pinholing
Low Temperalure
flexibility
Resiliency ASru D3407 52%
Resistance lo mild acids
Minimum ambient tsmparatJrc
for application
Low temperatur€ CGSB-37.50JI189 prss
crack bntging
Heat stabitity cGSE-37.50-1r89 No drang.
in viscosity, penelration, llor or lovv temp f,exibility afiar eling
100%
@ 140F, 0 mm
@ TrF =76
@ 12"F - 159
568.F
0.02 perms
19J
0.09
CGSN-37.50-M89 pass
ASTI' D.36 202-F
CGSB-375GM89 3 sccond3
(CGSB-37.5GM89 96 hrs. = 0.05 g
max. 0.35 g lgainl)
CGSB-37.50-M89 Novisiblc pinhoteg
CGSB-37.50{i89 pas3
No efrocl
o"F
.,INSTAL.T.ATION
Surface Preparation: The substrate surface must be
_ thoroughly clean, dry and free ftom any surface contaminatesor cleaning residue that may harmfully affect the adhesion oflhe membrane.
Detail and . Flashing: Detail expansion ioints Dermanufacturer's recommendation. ireferred'a;rb ;oParapet Ftashing- Method (VL_S004A): nppry CCw_iOiirir",ar lne Juncture of all horizontal surftces and vertical surfacesto the height indicated on the drawings 1a. min.recommended), such as parapet walls, curbs, colurn,,noar penera(ons through the deck at a rate of 300-350 sq. fl.per
-gallon. Avoid puddles. Allow primer to dry for on. ilouminimum, eight hours maximum. ilembrane *iff io,property adhere to wet primer. Apply 125-mil ot CCW-ibO
. membrane to cover primed areas. tnstail CCW-71t_go sGrm-e1!i-1119, uncured neoprene flashing into ttris first couleof CCW-SOO to cover the vertical sectio-n and
"rt"nJ
g;onio
deck. surface. Flashing installation may be done durinq c;crandj,oint treatment or during installation of tne Rrst t-ayei otr,uw-cuu memDrane. completely cover all flashing material0unng insta ation of the subsequent layers of bcw-soomembrane.-
At the juncture of all horizontal surfaccs to vertical surfaces,
such as parapel walls, curbs, columns anO att penetraiions
through the deck, apply CCW-ZOT primer on the verticalsections to the height indicated on the drawings (g. min.recommended). Allow primer to dry. Apply ttre CCW-dOO overthe primed substrate. tnstatt CbW_iti_g0 mit or CCw-
Uncured Neoprene Flashing over the CCW-SOO to cover the
. veJtical section and extend 6. onto the deck surface. Install
CCW-500 Membrane over horizontal portion of nasnin! anO
gnto jhe velicaL portion during lhe fietd membrane insblLtun.
rermrnate flashing on wall per Carlisle 500_9 Details. lnshllcCW-500 Membrane over horizontal portion of flashing and
onto the vertical portion during the field membrane inshliation.
Install Sure-Seal. EPDM flashings in exposed areas per
Carlisle recommendations. Alwayi ctean inO prime iebttiwith EP-95. Splice
-C,ement
per Carlisle splice procedure prior
to application of CCW-S00 membrane. Apply a thin film of
CCW-702 Primer in a 4, square area around drains. Allorv
?r]mer to dry one hour minimum, eight hours maximum. Apply
90-mil of CCW-500 membrane to cover primed areas. Insiatta 3' square section of CCW-ZIl-90 oi uncured neopreneflashing over the drain and onto the deck. No splices orseams-are allowed within 3' of the drain flange. Terminate
the flashing under the clamping ring of the Jrain and cur
away the inner portion of the flashing. Use firm pressure lo
- press the flashing against the CCW-500 surface and ensure
good adhesion. Do not interfere with weep holes.
APPUCATION
Apply CCW-702 primer to all surfaces to receive CCW-711-
90 sieet membrane at a rate of 3OO-350 sq. ft. per gallon.
-Avoid puddles. Allow primer to dry for one houi min'imum,
eight hours maximum. illembrane will not properly adhere
to wet primer.
Apply CCW-711-90 sheet membrane from tow to high point,
in a shingle fashion.so that laps will shed water. degin
installation at low edge of deck overlapping horizontal portion
of previously installed flashings. Overlap Jll ,dge. at ieasi Z112". End laps shall be staggered. place she-et membrane
carefully so as to avoid wrinkles and fishmouths. Afterinstallation, roll with a metal roller wrapped with a resilient
material. Roller should be 18,'- 24" wide and weigh at least
1 00 lbs.
Heat CCW-500 membrane blocks in a twin wall ketue withcontinuous agitation (Caution: Do not exceed maximum
=-E-
g1=r-q rsnperatres of 4@ F.) Apply a coat ofCCW-500 Hot Apptied Membrane at a rate of i3 sq. ft. pergaffon or as required to obtain an average thickness of liS _mil. Totat thickness of the CCW Vapor-[ock System shafte215-mil.
Apply CCW-500 over the CCW-711-90 sheet membrane ano
CCW uncured neoprene flashing-
FLOODTEST
Allow CCW-500 membrane to cool. plug drains and provide
barriers necessary to contain flood watel
Flood surface with 2, head of water for 24 hours. Inspect forleaks and repair membrane if leaks are tound. Retest after
making repairs.
PROTECTIONCOURSE
Install CCW MiraDRAlNo Drainage Composite or CCWProtection Board-H protection Course or CCW 30OHV
immediately after flood testing on horizontal surfaces. lf flood
t-e1ti1S is delayed, install a temporary covering to protect theCCW-500 membrane from damage by other-trades.
(Optional) lnstalt 8-mit Etephant Skin prior to the protection
course to provide easy future access to the membrane.
nEpans
In the event the CCW-SO0 Hot Applied Liquid Membrane is
damaged, clean the area wilh a cloth wet with mineral spirits
and apply CCW-500 Hot Apptied Liquid Membrane to thedamaged area.
LffiIED WARRANTY
Centrsle Corlpes & WereepnoorrHe lucocpoureo (Crnr_rsl-e)
warrants this product to be free of defects in workmanshio
and materials only at Ere time of shipmenl from our factory. if
any Crnusu materials prove to contain manufacturing defects
that substantially effect their performance, CenurslE will, at its
option, replace the materials or refund its purchase price.
This limited wananty is the only warranty extended by Ceausu
with respect lo its malerials. There are no other winanties,
including the implied warranties of merchantability and fitness
for a particular purpose. Cenr-sle specifically diilaims liability
for any incidental, consequential, or other damages, includini
but not limited to, loss of profits or damages to a structure or
its contents, arising under any theory of law whatsoever.
The dollar value of Crrusr-e's liability and buyels remedy und€r
this limited warranty shall not exceed the purchase price of
the Cmusu material in ouestion.
Carfish Suro-Drain E d Suro Sqal arc trade.na*s ot Carfisle CorporakrnDons-Dccl ls a rlgistqr.d tr.dcnErk o t G€ooi+pacifc Corpo.alon -
O 2m2 CarrEb Cooofltbl
vapo,.lod( 03/04 ic
Carlisle Coatings & Waterproofi ng Incorporated
900 Hensley Lane
Wylie, Texas 75098
Toll Free: (800) 527-7092
Website: www.ca=rlisle-ccw.comCo.&t!r A W|LD E0q
Coatings & Wabryrcofug
DESCRIPTION
The CCW-500R System utilizes CCW-SO0 Hot Applied
Liquid Membrane; a single component, rubberized asphalt
compound that brms a tough, flexible, thidq waterproofing
membrane. CCW-500 adheres tenaciously to vidually any
sound surface, vertical or horizontal to assure water will
not migrate beneath the membrane in the event of physical
damage. The fast set up time speeds tre completion of the
waterproofing. CCW-500 Hot Applied Liquid Membrane is
applied in a thick, monolihic coating utilizing CCW Rein-
forcing Fabric which allows for a wide variety of substrate
conditions.
WPICAL USES
CCW-500R is used for waterproofing split slab consFuction
pojects and is especially suited as he waterproofing mern-
brane on roof decks using the inverted roof slatem.
LIMITATIONS
. Do not use on exposed or wearing surfaces.
. Not recommended over lightweight insulated concrete.
. lf metal pan is used for concrete form, the metal pan must
be vented.
. Consult with Carlisle's representative before using CCW-
500R on any type lightweight @ncrete, concrete with
cudng compounds or additives, decks which have existing
waterproofi ng materials
. Do not apply below ooF or to damp, frosty or contaminated
surfaces.
PACKAGING
CCW-500 is packaged in 45 lb. blocks, one block per carton,
04 cartons per pallet. Each block is sealed in a polyethylene
bag inside he carton. The block, including the bag, is placed
in the kettle, leaving only disposal of the carton.
The CCW Reinforcing Fabric is packaged in a rolls of:
59'X 610' (3000ftJ weight approx. 30 lbs.
36'X 667' (2000ft'z)weight approx, 24 lbs.
APPLICABLE STANDARDS
1. US Patent # 5,979,133
2. Canadian Specification CGSB-37.50-M89
3. UL 790 Class A
4. Cig of NewYork MEA#6$9SM
5. Miami-Dade
COVERAGE
The following is a guide to estimate the amount of materials
required for various membrane thicknesses.
215 mils applied =
180 mils applied =
90 mils applied =
1.23 fbs/F = 7.46ft219a1.
1.03 lbs/ft, = 8.91 ff/gat.
.51 lbsft, = 17.83 fi2/gal.
PROPERTY TEST METHOD
Solids content
Floiv
Panefation
(1/1Oth mm)
Flash Pdnt
Water Vapor
Permeance
Toughness
100%
@ 14{PF, 0 rm
@ 77"F = 'f3
@ r22€F = 159
ASTMDg2 579F
ASTM }1353
ASTM D€3A9
ASTM D$Ag
ASTM E€6 (E}
ccs&37.50-M89
0.02 pems
37.6J
0.117
Pass
8 s€cmds
Ratib of Toughness CGS&37.$-M89
b D€ak lo6d
Adhssion CGS&37.5&M89
VFcosity CGS&3750-['89
Mhiflum arnbi€nt bmperatuI€
for application
WaterAbsorplion (CGS&37.50-ir89 96 hrs. = 0.16 g
max. 0.35 g [gain])
Pinholing CGS&37.5GM89 No visibls pinholss
Loy Temporatur€ CGS&37.5GM89 Pass
nexbility
Low bmperature CcS&37.5eM89 Pa&s
crad( Mdging
Hsat sfiability CGS&37.5&M89 No drange
in vlscosr'ty, pen€tration, flolv or bw lelrp flo.iHlig after aging
Resilioncy
Resisbnce to mild adds'
ASTM D,3407 52%
tlo efbct
OF
WARNINGSAND HAZARDS
Use with adequate ventilation. Worl€rs must use proper
protec{ion to prevent bums. Referto the MSDS tw inpodant
wamings and product information.
.,INSTALLATION
Suiace Prepanlion.. New concrete shall be water cured, wittl
- a light, hair broom finish and in place for i4 days minimum,
21 days prefened. Surface shall be structurally sound, dryand free of dust, dirt, frost, laitance, non_appioved curing
agent 0r other contamination which may afiect adhesion of
the membrane.
Remove splatten, fins, ridges or ottrer projections to provide
a level surface. Fill holes, honeycombs, rock pockets, spallsor other voids and indentations with approved concrete
patching compound.
Grind or fill surface at cold joints where each pour is at a dif_
ferent plane to provide a smooth and level surface.
Detail Work: Mix CCW-201 Sealant and apply per Carlisie
standard details. Allow the sealant to cure ovemight.
Detail expansion joints and drains per manufacture/s recom_
mendation.
Apply a thin, even coal of CCW-SSO primer, 6'wide. cen_
tered over all non-moving cracks less than 1/16. wide and
cold joints. Apply primer at a rate of 400 - 600 fF per gallon.
Allow primer to dry. Apply a 125 mil thickness coat ofbCw_
500 Hot Applied Liquid Membrane over the primed crack or
cold joint.
Apply a thin, even coat of CCW-SS0 primer, 16,'wide,
centered over all cracks greater than 1/16. wide, all moving
cracK and all previously sealed expansion joints.Allow primer
to dry. Apply 90 mils of CCW-SOO membrane to cover primed
areas. Installa 12'wide strip of CCW-711W Sheet Membrane
Flashing, centered over the cracks and expansion joints.
Application: Blocks of CCW-500 shall be melted in a twin wall
keftle with continuous agitation. Caution: Do not exceed
maximum safe operating temperature of 400"F.
Apply a thin, even coat of CCW-550 primer to lhe entire
surface to receive waterproofing. At the juncture of all verti_
cal sections with the deck surface, such as parapet u,alls,
columns and all projections through the deck, apply a lhin
even coat of CCW-550 primer to the vertical section to the
height indicated on tre drawings (8,,minimum recommended).
Apply primerat a rate of 400-600 ffigallon. Allowthe primerto
dry. Nofe: Membrane will not properly adhere to wet pimer.
Apply CCW-500 HotApplied Membrane to the primed vertical
and horizontal surfaces, including over all previously detailed
areas, in a two-layer application, at a rate of 2,1 fi2lgallon
(75 mils) for 150 mil systems and 18 ft2/gallon (90 miis) for
the 180 mil systems. For the 21S mils system, ttvo coats
should be applied, with the first coat applied at 18 ft2lgallon
(90 mils) and he second coat applied at 13 ft?gallon (12S
mils). Install CCW-711W mil sheet membrane or uncured
neoprene flashing into the first course of CCW-SoO to cover
the vertical section and extend flashing 6-inches onto deck
surface. Apply GCW Reinforcing fabric while membrane is
warm and tacky. Apply second coat of CCW-500 HotApplied
Carlisle, MiraDRAlN and Su,a.S€al s.s tradsmarkr ol Csdisla CorDo.stion
O 2002 Csnide Comoration
CCtlY.sooR 06i/06 tc PN.6OO34S
Membrane at the rate required to obtain the specified total
system thickness.
Termination of flashrhg: Terminate flashing on wall per Carlisle
500-9 details. Apply CCW-S00R over all horizontal flashing
sections during membrane installation. lnstall Sure_Seap
EPDM flashing in exposed areas per Carlisle recommenda_
tions.
Note: When CCW-1N Hot Applied Liquid Menbnne is in-
stalled on the flange of a two stage drain, use care not to frll
the weep holes.
Flood Test: (Optional and at the direction of sbuctural engi-
neer) Plug drains and provide necessary bariers to contain
flood water. Flood dec* with 2, head of rrnater and check for
leaks afier 24 hours.
Protection Course: The membrane must be protected fom
damage. Install CCW MiraDRA|N@orCCW protection Board
immediately following flood test. Install 8-mil Elephant Skin
prior lo the protection course to provide easy future access
to the memrane.
REPAIRS
In the event the CCW-500 Hot Applied Liquid Membrane is
damaged, clean the area with a cloth wet with mineral spidts
and apply CCW-500 Hot Applied Liquid Membrane to lhe
damaged area.
LIM]TED WARMNTY
Caru-rsr-e Coerxes & WerEnpnoorne llconponmo (Crnuste)
wanants this product to be free of defects in workmanship
and materials only at the time of shipment from our faAory. if
any Canr-sue mat€rials prove to contain manufacjuring defects
that substantially affect their performance, Canr-rsu will, at its
option, replace ttre materials or refund its purchase price.
This limited wananty is the only warranty extended by Cenr.rste
with respect to its materials. There are no other wananties.
including the implied wananties of mercfrantability and fitness
for a particular purpose. Canusu specifically disclaims liability
foranyincidental, consequential, orotherdamages, including
bul not limited to, loss of profits or damages trc a stucture ol
its mntents, arising under any theory of law whatsoever.
The dollar value of Cenusu's liability and buyer's remedy
under this limited wananty shall not exceed the purchase
price of the Cero-rsr-e material in question.
Carlisle Coatings & Waterproofi ng Incorporatad
900 Hensley Lane
Wylie, Texas 75098
Toll Free: (800) 527-7092
WebSite: www.carlisle-ccw.comtuCrE. tWlb.p.drf
Coatings & Waterproofiqg
DESCRIPTION
CCW-711-90 Sheet Membrane and Flashing is a g0 mil
thick composite consisting ol a self adhering rubberized
asphalt membrane laminated to a high strength, heat re-
sistant woven polypropylene mesh. Asiliconized release
liner prevents the material from sticking in the roll, and is
easily removed for installation.
The factory controlled quality assures unilorm thickness on
lhe job, while the inherent waterproofing properties of the
rubberized asphaft rnembrane prwide an excellent water
banier. The woven mesh b designed to withstand high tem-
peratjr6, alloi,ing the membrane to becorne an integral
pan of the CCW-500R FlotApplied and Vapor-Lock Water-
prooling Systerns.
TYPICAL USE
CCW-711-90 Sheet Membrane and Flashing is primarily
designed to be used in conjunction with CCW-500 Hot
Applied Membrane. lt may be used as a preformed first
course on difticultto coat substrates such as lightweight
strucfural ooncrete. As a llashing, il provirJes a reinforced,
uniform 90 mil layer on verlical surfaces while reinforcing
cracks and joints.
ADVANTAGES
. When used as a ftrst course, this reinforced membrane
provides a uniform, pinhole-tree lq/er, providing an ex-
ellent subsbale for the monolithic hot applied layer.
. As a flashing for the CCW-500R Sptem, the mem-
brane combines the strength of the woven mesh with
the self-adhering and elastomericproperties of the rub-
berized asphall This combination provides a durable,
reinbrced flashing.
. The membrane adheres tenaciouslyto the primed sub-
sfrabwhile lhe CCW-500 HotApplied Menrbrane bonds
with the mesh, assuring a waterproof condit'lon.
. The hherentdurabilityand heatresisbntproperties of the
mesh ensures lhe integrity of he membrane when the
CCW-500 HotApplied Membrane is installed over it.
PACKAGING
'|.2'x45'(45 sq. ft.) it8 rolls/pallet,51 lbsJroll
18'x 45' (67.5 sq. ft.) 48 rolldpallet, 40 lbsJroll
24"x45'(90 sq. ft.) 25 rolldpallet, 58 lbs./roll
36"x 45' (135 sq. ft.) 24 rolls/pallet, 75 lbs./roll
INSTALLATION
Surlace Prepanfion: Structural concrete shall be in place
for 7 days minimum (14 days prefened) and shall be dry.
Lightweight, air-entrained structural concrete shall be in
place for 14 days minimum (21 days preferred) and shall
be dry. Surface shall have a smooth finish and be free of
voids, spalled areas, sharp protrusions, loose aggregate,
laitance and form release agents. Curing agents contain-
TECHNICALDATAPROPERW ASTM RESULTS
Tensile Strength D882 53tbJin.Elongationt D882 W/"Permeanoe E-96 (B) 0.1 permsPliability D146 Pass @ -25oF,
lZ" mandrel
Puncture Resistance E-154 200 lbs
*o/o Elongation to rubberized membrane
ing wax, oil or pigments must not be used. Only self-
dissipating type curing agents are acceptable. Forms
should be removed as quickly as possible. lf metal
decking is used as a permanent form, the metal must be
vented.
Primer Apply CCW-702 Primer by spray or with a long
nap roller at 300 to 350 sq. ft. per gallon. At 75o F. allow
primer to dry t hour minimum. Prime only areas to be
waterproofed the same day. Reprime if area becomes
dirty. Primer has a satisfactory cure when it will nottrans'fer
when touched.
Full Covenge lnstallation: Apply CCW 711-90 Sheet
Membrane from low to high point, so that lap seams will
shed water. Overlap edge seams 2/z inches, end seams
4 inches and staggered. Snap a chalk line for a starting
point. Pull back about 2 feet of release paper and place
adhesive side of membrane along chalk line. As the roll
is dispensed, simultaneously remove the release paper
and maintain alignment along the chalk line. lmmedi-
ately after installation, roll the membrane with a metal
roller 18'to 24" wide weighing at least 100 lbs. CCW-
500 HotApplied Membrane may be applied immediately.
Prime CCW-711-90 if membrane surface becomes dirty
betore CCW-500 can be installed.
Flashing lnstallation: Preferred Method - Apply CCW-
550 Primer at the iunction of horizontal surfaces, such
as parapet walls, curbs, columns and penetrations
through the deck, to the vertical height indictade on the
drawings (8" min. recommencled). Apply 90 mils of CCW-
500 membrane to cover primed areas. lnstiall CCW-711 -
90 mil sheet membrane or uncured neoprene flashing
into the first course of CCW-500 to cover the vertical sec-
tion and extend flashing 6-inches onto dek surface.
Flashings shall be covered by second lift of CCW-500.
' Aftemdte Method - Install a 1Vz, x1t/2, ,45 degree cant ofCCW-201 Sealant in all inside comers,
"nO
irornJpro-- jections and penetrations. Allow sealant to
"ur"
o-u"r_night. Prime all areas to receive ftashing. npply CCW_711-9o Flashing to the height speclfieO 1a; miirffimiec_ommended). Finat height shall be below the finishlOoed( surface. Extend flashing 4. minimum onto the hori-zontal deck surface.
Terminations: Terminate membrane on vertical surfacesper Cadisle's 50G9 Details. press terminating ;g; ;;yin place with a hand roller, hammer tranOie oisimifartool. ApplyCCW-500 HotApptied Membrane to alt ter_
Tlgllq_{n"., T-joints and taps not covereO Uy ttreCCW-500R system.
y:t_":_,*:? t2.use adequate pressure at terminatingeoges-wll resun in a pmrseal and potentiat leak. The
use of mastic is not a substitute for a good seat.
Prot&tion: CCW-71 1 -90 Sheet M€mbrane must be oro-tectedfrom damage priorto installation of CCW_500. Th;applicator may install a temporary protection course of
CCW Protection Board-H orply,vo6ciwafforays if requireO
by jobsite conditions. This protection couoe ,uii U"removed before installation of the CCW_500.
LIMITATIONS
. Do not use in areas where membrane will be subjed
to continuous e)posure to sunlight.. Between 25o and 4OoF use CCW_71 1_90LT Low Tem-
perature Membrane.
. Do not apply primer or membrane to damp, frosty orcontaminated surfaces.
. Do not use over sealants containing coal tar or polysul-fides. lf these matedds are preient, tney must be
removed and lhe surfaces thoroughly cleaned.
WARNINGS AND HAZARDS
Avoid contact with eyes and skin. Wash thoroughly af_
ter use. Avoid breathing vaporcfrom the primeranO,a"-
E.-U* these on! in areas with adequate ventilation.
Refer to MSDS for imryrtant wamings' ancl afety infor-
mation.
STORAGE
CCW-711-90 rolls should be stored on end, under cover,and in areas where the temperature is between +0. anO
100"F (4.4" and 38"C). Do not double stack pallets
LIMITED WARRANW
CaRusu Coelnos nruo Mrenpnoorwc lruconeoRnreo (Cen-
usr-e) wanants its malerials to be free of manutactlrino
defests at the time of their shipment from our factory. iany Cnnlsu materials prove to contain manufacturino
delects that substantially atfect their performano, co.rlsle will, at its option, replace the material or refund thlpurchase price.
This limiled wananty is the only wananty eLtended bvCnnusu with respect to its materials. Theie are ."
"tf,"',waranties, including the implied wananties of merchant-
ab_ility€nd fihess for a particular purpose. Canusr_e sDe_cifically disclaims liability for any incidental,
"on5"_quential, or.other damages, including but not limited to,loss of profits or damages to a structure o, lts content ,arising under any theory of law whatsoever.
The dollar value of CARusLE's liability and buye/s remedv
under this limited warrang shall noiexceed ihe purctras6
price of the CARlrsr-e matedal in question.
Carlisl€ is a trsdemalk of Cadisle Corporafon
O 2002 Carlisle Corporation
CO/V-711-90 02/Og rc
Carlisle Coatings & Waterproofi ng Incorporated
900 Hensley Lane
Vwlie, Texas 75098
Toll Free: (800) 527-7092
Website: www.carlisle-ccw.comCo.Ung. & W.b.proofine
nruu
DESCRIPTION
A solvent free, two component polyurethane compound
lor preparing and leveling rough concrete surfaces prior to
the installation of CCW MiraDRl 960/861 Sheet Mem-
brane Waterproofing. The low viscosity compound fills
voids and cures to form a well adhered elastomeric mem-
brane.
TYPICAL USE
Liqui-Deck fills and levels rough concrete surfaces, pro-
viding a smooth surface for the installation of CCW MiraDRl
8601861 Sheet Membrane. The compound cures ovemigfrt
to a fully adhered elastomeric sheet, providing a tempo-
rary waterprooting layer priorto the installation of the wa-
terproofing membrane.
ADVANTAGES
Fills voids and spalls. Smooths, levels and primes rough
decks in one step.
Usefullor both rehab and new construction.
Provides a temporary waterproofing layer.
No solvents or VOC's.
LIMITATIONS
. Do not appV compound to a trosty, damp or wet surfiace.
. Do not proceed with compound application if tempera-
ture is below 40'F or il rain is imminent within 8 hours
after application.
. lf metal pan is used for concrete form, the pan must be
venled. Not for use on grade.
. lf deck has a between slab membrane, consull with
Garlisle representative.
PACKAGING
4 gallon kits consisting of 3% gallons of Part A in the 5
gaflon pail and a lz gallon can of Part B. Mix only full
kits.
Shelf Life: One Year
WARNINGSAND HAZARDS
Before use reter to MSDS for impoftant wamings and
satety information Use only in areas with adequate ven-
tilation. Avoid breathing vapors. Avoid contact with eyes
and skin. In the event of skin contract, remove immedi-
ately and wash with warm, soapy water. Wear eye pro-
tection. Always wash hands before eating.
INSTALLATION
The concrete surface must be clean, dry and lree of
laitance, dirt, oil, grease or other contamination.
New concrete must be in place for 7 days minimum. Cur-
ing compounds must be of the selt-dissipating Brpe and
be approved bythe Carlisle representative. Old concrete
must be structurally sound. Loose or deteriorated con-
crete shall be removed. In the event of existing coatings,
contact Carlisle.
Pour all of Part B into Part A and mix for a minimum of 5
minutes. Stop midway and scrape the sides and bottom
of the pail to ensure that all material is completely and
uniformly mixed. Use a heavy duty dow speed drill with
a paddle blade or a Model PS Jitfy blade.
After mixing, the material should be applied within an
hour. The useful working life of the material will be longer
in cool weather and may be reduced in hot weather. In
cool weather, store materials in a warm place prior to
use. Keep material warm until mixing and application.
Pour Liqui-Deck onto the deck and spread in a uniform
coat. Apply sufficient material to lill all voids and depres-
sions and smooth rough areas. A coverage rate of 25
square feet per gallon (100 square feet per kit) yields a
0.060" thick layer. More Liqui-Deck may be required for
rough or damaged surfaces.
Allow to cure overnight or until a firm, rubbery layer is
produced. Carlisle CCW MiraDRlS@/861 membrane may
be applied directly to the cured Liqui-deck surface. No
additional priming is required.
TYPICAL PROPERTIES
Color
SolidsContent ASTM D 1335 1@/o
TensileStrength ASTMD412 250 psi
Ultimate Elongation ASTM D412 2ffi"/o
Adhesion to Concrete ASTM D-900 5 PLI
LowTemp. Flexibility ASTM D-522 -250F
LIMITEDWARRANTY
CrRus s ComHes A'rD WA'IERpRooFING INcoRPoMTED (CAFUsLE) war-
rants this product to be free of defects in workmanship and mate-
rials only atthe time of shipmentfrom our lactory. lf any Cmusu
materials prove to contain manufacturing defects that substan-
tially affect their performance, Cmus-e will, at its option, replace
the material or refund the purchase price.
This limited warranty is the only wananty extended by Crnlsle
with respect to its materials. There are no other wananties, in-
cluding the implied wananties of merchantability and titness for
a particular purpose. Cnnusu specmcaly disclaims liability for
any incidental, consequential, or other damages, including but
not limited to, lo6s of profits or damages to a structure or its
contents, arising under any theory of law whalsoever.
The dollar value of CAFLTsLE's liability and buye/s remedy under
this limited warranty shatl not exceed the purchase price of the
CARUSLE material in question.
Carlisle is a trademark ol Carlisle Corporalion
O 2002 Carlisl€ Corporalion
LIOUI-DECK 02|/03 tc
Cadisle Coatings & waterproofing Incorporated
900 Hensloy Lane
\A^7lie, Texas 75098
Toll Free: (800) 527-7092
Website: www.carlisle-ccw.comCo.dng|&W|bP'@'trg
Goaliqs & Waterprodng
CCW PROTECTION BOARD.H
DESCRIPTION
CCW Protection Boar+H is a heavy duty asphalt impreg-
nated organic mat with a fine mineral applied to the sur-
face to prevent sticking in tre roll. CCW protection Board.
H is very tough and provides positive protection to th€
walerproofing membrane during instrallation of other work.
TYPICAL USE
CCW Protection Board-H is used as a protection course
on hodzontal surlaces to protect the waterproofing fi€m:
brane fiom damage by loot fatfic and physical abuse from
other trades.
Typical uses include plaza decks, roof tenace decks, park-
ing decks and any other horizontal surface to which wa-
terproofing membrane has been applied.
INSTALLATION
Install as soon as possible after flood test has been
completed. Butt tightly with no gaps greater than l/g..
When used in conjunction with CCW-500R Hot Rubber
Waterproofing System, CCW Protection Board-H shall
be installed while the CCW-Soo surface is tacky.
PACKAGING
CCW Protection Board-H is 36' wide. lt is supplied in
rolls ol 33.3 leet long (100 ft ). The weight of eacfi roll is
approximately T7 +l- 4lbs.
ThicknEss is 1/8' (+/- .03').
STORAGE
$ore so as to prevent damage to tre rcll. Avoid prolonged
exposure to direct sunlight. Protect lrom extreme envi-
ronmental conditions. Store away from open flames or
welding areas.
CCW PROTECTION BOARD. V
DESCRIPTION
CCW Protection Board-V is a lightweight, high density,
rigid, exfuded polystyrene foam designed to pro\ride pro
teclion for waterproofing membranes on vertical walls.
CCW Prolection Board-V is not aflected by moisture or
most soil chemicals. Therefore, the prolection coune re-
mains in phce to provide long term probction to the wa-
tetproofing membrane.
TYPICAL USE
CCW Protection Board-V is used to protect waterproof.
ing membranes that have been applied to vertical, below
grade foundation walls. The CCW Proteciion Board-V
protecb the membrane from damage or aggregate shock
during backfi lling opentions.
CCW Protection Board-V is also suitable for use in
planters as a venical prstection course for$e wateproofing
membrane.
INSTALLATION
May be temporarily secured in place wlth SecurTape or
CCW-702 Primer (only applied to the polyethylene face
of the CCW MiraDRl 860/861 Sheet Membrane). Back-
fill immediately.
PACKAGING
CCW Protection Board-V is packaged in fanfolded
bundles of 4 X 50'(200 ftr). The prot€ction board is 1/4.
lhick. The weight of the material is approximately 8 lbs.
per 2m ff bundle.
STORAGE
Store so as to prevent damage to the bundle. Avoid pre
longed exposure to direct sunlight. Protect from extrem€
environmental conditions. Store away lrom open ffames
or welding areas.
CCW PROTEGTION BOARD+IS
DESCRIPTION
CCW Protec{ion Board-HS is a heavy dug modified bi-
tumen proteclion board consisting of a medium weight
fber glass mat with a high quality SBS (Styrene-Butadi-
ene-Styrene) rubber and asphalt btend. This elastomeric
asphaltic blend lends elasticity and f,exibility to ttre sheet.
The inorganic fiber glass reinforcing provides high tensile
sbength, dimensional stability and tear resistance.
CCW Protection BoardHS is designed to be installed as
a protection course in the CCW-500R System.
TYPICAL USE
CCW Pmtec{ion Board-HS is used as a protection course
on horizontal surfaces to protect the CCW-S00R Mem-
brane System from damage by foot traffc and physical
abuse from olher hades.
Typical uses include plaza decks, inverted roofing sys-
tems, pa*ing decks wih asphalt overlayments and otrer
horizontal surfaces to which waterproofing membranes
have been applied.
INSTALLATION
Embed in hot liquid CCW-500 and over lap 2 - 3 inches.
Seal all laps witr CCW-500.
PACKAGING
CCW Proteclion Board-HS is 39-3/8" wide. lt is supplied
in rolls of 49' 2' long (150 tr). The weight of each roll is
approximably 90 lbs.
STORAGE
$ore so as b prevent darrage to the bundle. Avoid pro
longed elposure to dkect sunlighl Protect ftom exfeme
environmental conditions. Store away from open flames
or welding areas.
C|'lbb I 1 lrafinrrt ot Cslirb CorDo.rton
O 2002 C.rlblr Co.pador
ccw PRoIEclIOit mAH)S @/(B E
LIMITED WARRANW
- Crnlrsu Comros & Wlrenpnoorrne lxconeoureo (Ceru--
su) wanants this product to be ftee of defects in work-
manship and materials only at the time of shipment ftom
our factory. lf any Canr-rsu materials prove to contain manu-
EctEbg defects that subsbntially efiec{ their performance,
Cmusr-e will, at its option, replace the materials or refund
its purchase price.
This limited wananty is the only warranty extended by
Gmusu with respecl to its materials. There are no other
warranties, including the implied wananties of merchant-
ability and fitness for a particular purpose. CARUSLE spe-
cifically disclaims liability for any incidental, consequen-
tial, or other damages, including but not limited to, loss of
profits or damages to a structure or its contents, adsing
under any theory of law whaboever.
The dollar value of Ceru-pu's liability and buyer's remedy
under this limited warrang shall not exceed the purchase
price of the Cmursu material in question.
Carlisle Coatings & Wabrproofir€ Incorporated
900 Hensley Lane
Wylie, Tens 75098
Toll Free: (800) 527-7092
Website: www.carlisle.ccw.com
TECHNICAL DATA
PROPERTY RESULTS
Thickness 90 milsTensile S:bength
Tensile $ength
Machine Direction 90 lbs F / in Mdth (15.8 kN/m)
Crcss Machine Direction 70 lbs F / in width (12.3 kN/m)
Tensile Tear
Machine DirEstion 100 lbs / in (17.5 ktUm)
Cmss Machine Direc{ion 90 tbs / in (15.8 kl.Um)
Dimens'onal $ability 0.20% change
C€l|te. f WftO{loirt
Goatings & Waterproofiqg
DESCRIPTION
CCW MiraDRl 860861 are self-adhering sheet membranes
consisting of 56 mils (1.4 mm) of rubberized asphalt lami-
nated to 4 mils (0.1 mm) of polyethylene to form a min't-
mum 60 mil (1.5 mnr) membrane. CCW MiraDRl 860 mern'
brane is a summer grade material, suitable for installa-
tions where the ambient temperature is 40"F (4.4"C) or
above. CCW MiraDRl 861should be used for applha-
tions betrreen 25'F (-3.9'C) and 65'F (18'C). The corbi-
nation of these two excellent waterproofing matedals pro-
vides a highferformance, extremely durable uateproof-
ing banier.
TYPICAL USE
CCW MiraDRl 860/861 membranes are used forvertbal
and hodzontal waterproofing on shuduralfoundation ualls
and decks. Belowgrade foundation walls, tunnels, split
slabs, plaza decks and parking decks are all areas where
CCW MiraDRl 860/861 may be applied. @W MiraDRl
860/86't also may be used in interior areas such as me-
chanical rooms, laboratories, kitchens and bathrooms.
CCW MiraDRl 86U861 should be orreredwith eiher CCW
2OOV/3OoHV Protec{ion Course, CCW Protec{ion Board,
or CCW MiraDRAll',1? drainage composites.
LIMITATIONS
. Do not apply where membrane will be subject to
continuous exposure to sunlight.
. Do not apply primer or membnne to trozen conqete.
Optimum results are obtained when membrane is
installed at temperatures above 25oF Between 25oF
and 65oF use the CCW MinDRl 861 membrane. CCW
MiraDRl E60 can be used from 4OF and above.
. Do not apply primer or membmne to a damp, fiosty
or @ntaminated surface.
. Not recommended as a pond or trank liner except for
'between slab' aPPlications.
. Do not apply over sealants containing coal tar, oI
polysulfides.
-ln
the event of existing bitumen modified
materials, consult your Carlisle representative'
APPLICABLE STANDARDS
CCW MiraDRl E60861 meets the applicable requirements
ofi- GSA; PBS PCD 07121- USN; NAVFAC TS-07111- VA: H48-1- Federal Conslruction Guide Specs; FCGS-07111
- Corps of Engineers; CEGS-07'111'3-82- UL790.ClassA
WARNINGS AND HAZARDS
CCW-702 and CCW-7(X contain flammable and com'
bustible solvents. Avoid exposure to open flame. Avoid
breathing vapors. Use only in areas wih adequale venli'
lation. Refer to MSDS for important wamings and pro&
uct information.
TECHNICAL DATA
TESTMETHODPROPERTY
Golor
Thickness
Tensile (Membrane)
Tensile (Film)
Elongation
Permeance
Low Temp. Flexibili$
(100 cydes)
Peel Sirength
Lap Adhesion
Soil Burial
FrcAbsorption
Hydrostatic head
ASTM D 3767
ASTM D412
ASTMD882
ASTMD412
ASTM E96
ASTM D 1970
ASTM D 570
ASTM D 751
DatkGray
60 mils
325 pst
5fl)0 psi
350%
0.05 pems
Unafiecied @ 45'F
10.0 lMn.
19.0 lMrn.
60 lb. (min)
0.1% byu,L
230fi.
Crack Cyding'
ASTMC836 Unaffected@-25'F
Puncture Resistance ASTM E 154
ASTM D 903
ASTMD 1876
GSA-PBS07121 16wks,no
'lS()P bend olrar a 1' (25mm) mandrd at '45"F (43'c)
PACKAGING
CCW MiraDRl 860/861-36 = 36' wide X 67 mll (200 fl3)
25 rolls per patlet (5000 ft) - Weight = 80 lb/roll (appror)
Other membrane thicknesses and configurations are
available by sPecial order.
CCW-702 VOC Compliant Solvent Based Primer:
5 gallon pails (45 pails per pallet)
CCW-714 \Mter Base Primer:
1 gallon pails (100 pails per pallet)
CCW-AWP Water Base Primen
'l sallon pails (100 pails per pallet)
5 lallon pails (45 pails per pallet)
CC\|tt-715 DamP Concrete Primer
5 gallon pails (45 pails per pallet)
CCW-704 Mastic and CCW LM-800XL:
30 oz. Qt. Tube (12 tubes per carton), 5 gallon pails
(45 pails per Pallet)
INSTALLAIION
Weather Gonditions
CCI / MiraDRl 860 is used for apPlications where the sur-
face temperatures is 40"F. (4'4'C.) and above. CCW
MiraDRl 861is used for apPlications where the surface
temperature is between 25'F (-3.9'C')and 65'F (18'C)'
Do not apply CCW MiraDRl 860/861 to frozen orwet sub-
strates. The membrane should not be left exposed to di-
rect sunlight for longer that 14 days.
Substrate Preparation: CCW MiraDRl 860/g6j can be
applied to concrete, metal, wood, insulated wall systems
or masonry surfaces. All substrates must be clean,dry
and free of surface inegularities.
Concrete Substrates: Structural concrete must be cureo
a minimum of 7 days and lightweight structural concrete
must cure a minimum of 14 days before the application of
CCW MiraDRl 860/861. Repairsurfacesthatare not struc-
turally sound, have voids, protrusions, rough spalled ar_
eas, loose aggregate or exposed course aggregate. Void
areas should be filled with latex porfland cement, con-
crete or epoxy concrete and troweled smooth to match
the existing surface. Protrusions and other rough areas
should be broken off and patched as above. CCW LM_
800XL or CCW-201 may be used to fill smail voids. hon-
eycombs or bug holes-
Masonry Substrate: Rough masonry may require the
surface to be parged with a plaster coat of cementitious
material to form a well adhered, smooth and uniform fin_
ish. Allow the parge coat to dry before priming and install_
ing the CCW MiraDRl 860/861 waterproofing membrane.
Chemical Additives: Curing compounds should be a
clear resin-based material without waxes, oils or pigments.
Form release agents must not transfer tothe concrete.
Curing compounds or form release agents that adversely
affectthe adherence of the CCW MiraDRt g60/g61 water-
proofing membrane must be removed from the substrate
prior to application.
Priming and Detailing: Allconcrete, metal and masonry
substrates require primer: Wood surfaces and insulated
wallsystems may not require a primer. Carlisle Coatings
& Waterproofing recommends an adhesion test of the
CCW MiraDRl 860/86'l on any unprimed substrate to verity
proper adhesion. Apply the appropriate CCW primer at
the specified coverage rate. Apply primerwith a lambswool
roller, brush or spray apparatus. Allow primer to dry for a
minimum of 30 minutes.The CCW primer will drv to a
tracky finish. Areas primed but not covered with CCW
MiraDRl 860/861 within 24 hours should be reprimed. All
vertical to horizontal transitions must have a 3/4" (1gmm)
fillet of CCW LM€00X1 or CCW-201 Sealant.
The 3/4" (18mm) fillet must be allowed to cure before
covering with the CCW MiraDRl 860/961 membrane. All
inside and outside corners, as well as the vertical to hori_
zontal transitions, should be double covered. A CCW
MiraDRl 860/861 Membrane Strip should be applied to
each surface a minimum of 4.5', (112mm) before being
covered by the field membrane- Refer to the standard de-
tail drawings for specific detail instructions.
VERTICAL INSTALLATION
Start at the low point and work towards the high point.
Remove 6" (150 mm) to 8" (200 mm) of the release paper,
and then begin applying the membrane. press and smooth
Carlisl., MiTaCLAY OuickDRAtN, MiraDRAtN and Liquiseat are fademarksof Carlisl€ Corpaation
O 2m2 Cadislc Coooiation
CCW MiraDRl 860/85t 10/05 lc
the membrane against the substrate while pulling the re-
lease paper free. Install membrane with side laps over-
lapped a mini mum of 2.5" (63mm) and end laps a mini-
mum of 5"(127mm). Carlisle Coatings & Waterproofing
recommends that the membrane be rolled in place im-
mediately after its placement to ensure full adhesion to
the primed substrate. Apply a bead of CCW-704 Mastic
OR CCW-703V Liquiseal at terminations and cut edges,
joints, drains, penetrations and protrusions. For walls over
8' (240cm), the membrane should be placed in lifts. pro-
tect the CCW MiraDRl 860/861 membrane with the appro-
priate CCW MiraDMlN drainage composite, CCW 2OOV/
300HV Protection Course or CCW Protection Board V
HORTZONTAL TNSTALL{ION
Start at the low point (establish a starting point with a
chalk line if necessary) and work towards the high point
in shingle fashion. Remove 2'to 3'(60cm to 90cm) of the
release paper and apply the membrane to the substrate.
Continue pulling the release paperfree while pressing and
smoothing the membrane against the substrate. Apply in
a straight line avoiding wrinkles and over conecting. Roll
the membrane with a minimum 75 lb. (34kg) linoleum
roller. Insiall membrane with side laps overlapped a mini-
mum of 2.5" (63mm) and end laps a minimum of
5"(127mm). Apply a bead of CCW-704 Mastic at ail ter-
minations of the membrane and "T" joints. Apply a 3/4',
(18mm) fillet of CCW LM€OOXL or CCW-201 in ail inside
comers of planter boxes, shower stalls and shower pans
applications. Patch inadequately lapped seams and dam-
aged areas with CCW MiraDRl 860/861membrane @ver-
ing the damaged area by a minimum of 6" (1 50mm). "Fish-
mouths" and severe wrinkles should be slit, flaps over-
lapped and repaired as above. Protecl the CCW MiraDRl
860/861 membrane with the appropriate CCW MiraDMlN
drainage composite or CCW 300HV Protection Course.
Detail Requirements: For stiandard installation detaiis
follow the CCW MiraDRl 860/861 details drawings. For
non-standard installation instructions contact your local
Carlisle Coatings & Waterproofi n g representative.
LIMITEDWARRANTY
Cffiusu CocrNos & Warenpnoopwe lNcoRpoRATED (CARUsTE) wanants its
materials lo be fee of detects in workmanship and malerials only at
lhe time of shipment from our fac{ory. ff any CARUSTE malerials prove
to contain manufacluring defects that substantially affect their per-
tormance, Cmr.rsr.E will, at its oplion, replace lhe maledals or refuno
its purchase price.
This limited warranty is the only warranty extended by Cr.RusrE with
respect to its materials. There are no other wananlies, induding the
implied warranties of merchantability and ffness for a particular
purpose. Gmusu specifically disclaims tiability for any incidenlal,
consequenlial, or olher damages, including but not limited lo, loss of
profits or damages lo a slruclure or its contents, arising under any
theory of law whatsoever.
The dollar value of CARusrE's liability and buyeis remedy under this
limited wananty shall not exceed the purchase price ol the CaRUSLE
material in queslion.
Carlisle Coatings & Waterproofi ng lncorporated
900 Hensley Lane
Wylie, Texas 75098
Toll Free: (800) 527 -7092
Website: www.carlisle-ccw.comC€tn$ & ltrb|Prcoflng
MANUFACTURER'S GUIDE SPECIFICATION
sEcTroN 07131
SHEET MEMBRANE WATERPROOFING
Coatings & Waterproofing
sEcTtoN 07131
SHEET MEMBMT{E WATERPROOFING
PART 1 - GENEML
1.1 SECTION INCLUDES:
Installation of sheet membrane waterproofing on surfiaces indicated on drawings, consisting of
preparation of existing and repaired c oncrete s urfaces, s ealing of c racks and j oints, and
application of CCW MiraDRl 860/861Sheet Membrane Waterproofing.
1.2 RELATED SECTIONS
A. Section 03'150 - Expansion Joints.B. Section 03300 - Cast-ln-Place Concrete.C. Section 07900 - Caulking and Sealants.D. Division '15 - Floor Drains and Standpipes.E. Division '16 - Conduit and oher Electrical.
1.3 REFERENCES
A. ASTM D 412 Tests for Rubber Properties in TensionB. A"STM E 154 Puncture ResistanceC. ASTM E 96 (B) Water Vapor Transmission of MaterialsD. ASTM D 1970 Self-Adhering Polymer Modified Bituminous Sheet MaterialsE. ASTM D 882 Test Method for Tensile PropertiesF. ASTM D 3767 Practice for Rubber - Measurement of DimensionsG. ASTM D 751 Test Method for Coated FabricsH. ASTM D 570 Test Method for Water Absorption of plastics
l. UL 790 Tesls for Fire Resistance of Roof Covering Materials
1.4 SYSTEM DESCRIPTION
Product provided by this Section is a self-adhesive membrane of not less than 60 mils th'rckness,
consisting of a rubberized asphalt membrane laminated to a 4 mil cross-laminated polyetrytene
film.
1.5 SUBMITTALS
A. Geneml: Submit in accordance with Section 01300.B. Product Data: Submit manufacturefs product literature and installation insbuctions.C. Subcontractor=s approvat by Manufacfurer: Submit doq.rment stating manufacturefs acceptance
of subcontractor as an Approved Applicator for the specified materials.D. Wananty: Submit a sample wananty identifuing the terms and conditions stated in Section 1.7.
1.6 QUALITYASSURANCE
A Applicator Qualifications: Applicator shall be experienced in applying the same or similar
materials and shall be specifically approved in writing by the membrane manufiacturer.B. Regulatory Requirements: Comply with applicable codes, regulations, ordinances, and laws
_ regarding use and application of products that contain volatile organic compounds (VOC).C. Pre-Application Conference: Prior to beginning work, convene a conference to revievv
conditions, installation procedures, schedules and coordination with other work.
07131-1
1.7 WARMNTY
A Upon completion and acceptance of the work required by this section, the manufacturer will_
issue a wananty agreeing to promptly replace defective materials for a period of 5 years.B. The formation or presence of mold or fungi in a building is dependent upon a broad range of
factors including, but not limited to, the presence of spores and nutrient sources, moisture,
temperatures, climatic conditions, relative humidity, and heating/ventilating systems and their
maintenance and operating capabilities. These factors are beyond the control of Carlisle and
Carlisle shall not be responsible for any claims, repairs, restoration, or damages relating to the
presence of any initants, contaminants, vapors, fumes, molds, fungi, bacteria, sPores,
mycotoxins, or the like in any building or in the air, land, or water serving the building.
1.8 DELIVERY,STOMGE,ANDHANDLING
A. Deliver materials to project site in original, factory-sealed, unopened containers bearing
manufacturer's name and label intact and legible with following information.1. Name of material.2. Manufacfure/s stock number and date of manufucfure.3. Material safety data sheet.
B. Store materials in protected and well ventilated area.
1.9 PROJECT CONDITIONS
A Do not apply membrane when surface temperature is below or inclement weather conditions
confl ict with manufacture/s published requirements.B. Coordinate waterproofing work with other hades. The applicator shall have sole right of access
to the specified areas for the time needed to complete the installation.
C. Wam personnel against breathing of vapors and contact of material with skin or e1tes. Wear
applicable protective clothing and respiratory protection gear.
D. Keep flammable products away ftom spak or flame. Do not allow the use of spark producing
equipment during application and until all vapors have dissipated. Post "NO SMOKING" signs.
E. Maintrain work area in a neat and orderly condition, removing empty containers, rags, and
rubbish daily from the site.
PART 2. PRODUCTS
2.1 MANUFACTURERS
Provide CCW MiraDRl 860/86'lsheet Membrane Waterproofing as manufactured by Carlisle
Coatings and Waterproofing Incorporated, 900 Hensley Lane, Wylie, Texas 75098, Phone: (800)
527-7092 Fax (972) 4r',2-OO76.
2.2 PRODUCTS
A. Self-Adhesive Sheet Membrane Waterproofing: Shall be CCW MiraDRl 860/E6l consisting of a
56 mil rubberized asphalt membrane laminaied to 4 mil cross-laminated polyethylene film, and
shall meet or exceed the following requirements:
1. Tensile Strengrth: 325 psi minimum, ASTM D 412
2. Ultimate Elongation: 350% minimum, ASTM D 412
3. Puncture Resistance:60 lbs. minimum' ASTM E 154
4. Permeance:0.05 Perm maximum, ASTM E 96 (B)
5. Low Temperatrre Flexibility Unaffected at ,45oF, ASTM D 1970, I' mandrel
6. Tensile to Film: 5000 psi, ASTM D 8E2
7. Thickness: 60 mils, ASTM D 3767
8. Hydrostatic Head:230 ft., ASTM D 751
07131-2
9. Water Absorption: 0.1% by M., ASTM D S70
B' For application temPeratures between 25 and 65oF, use CCW€61 Sheet Membrane and CCW-7-0!' F9r application temperatures above 40'F use CCW MiraDRl 860 sheet membrane andCCW-202, CCW-714 primer, or CCW_AWP.
2.3 ACCESSORY PRODUCTS
Surface Primer: shall be ccw:702 solvent-based primer, ccw AWp water-Based primer, orCCW-71 4 Water-Based prrmer.
Mastic: Shall be CCW-704 Mastic.
sealants: shall be ccw-zo3.vertical Grade Liquiseal? Membrane, pr-304 one component,CCW-201 two component polyurethane Sealant or CCW LM_8OOXLBacking Rod: Shall be closed+ell polyethylene f*;r"d.
Protection Course: Shall be CCW itrotection goa;-H or ccw 300H for horizontial surfiaces orCCW Protection Board-V or CCW 200V for vertical surfaces.Drainage Composite: Shall be CCW MiraDMtNt "ii"-rrended by the manufacturer foreach condition.
Perimeter Drainage Sptem: Where required shall be CCW euickDRAlNn.
A.
u.
c.
D.
E.
F.
G.
PART 3 - EXECUTION
3.1 INSPECTION
3.2 SURFACE PREPAMTION
B.
-lejole
anv yvaterproofing work i1:tarted the waterproofing appricator shail thoroughry examineall suffaces for any deficiencies..should any deficiencies exlit, tne architect, ownei, or generalcontractor shall be notified in writing and conections made.
Condition of Concrete Surfaces:
1 ' The concrete surfaces shall be of sound structural grade and shall have a smooth finish,free of fins, ridges, protrusions, rough spailed areais, Ioose aggregaie, exposeo courseaggregate' voids or entrained air holes. Rough surfaces strlli releive a'we1-adheredparget coat.2. concrete shall be cured by water curing method. Any curing compounds must be of thepure sodium siricate type and be apprwed by the cirtiste ripres6ntatve-
-
3. concrete shail be cured at least 7 bip ano inatt be sroped io.piop"i o,"inug".4' Voids, rock pockets and excessively rough surfaces strail b" repilro *i$' -fproveo
non-
- shrink grout or ground to match the unrdpaired areas.o- | wo-stage drains shall have a minimum 3 inch flange and be installed with the flangeflush and level with the concrete surface.6. Surfaces at cold joints shall be on the same plane.
A.
B.
c.
D.
E.
F.
The concrete surface must be th-oroughry clean, dry and free from any surface contaminates orcleaning-re:idue that may trarmfuily Jffea tne aOnLsion of the membrane.
fnsrarf a 3r4'tace,4s degree cant of ccw-201 polyurethane sealant or ccw LM€ooXL at allangle changes and inside cgmer: including penetration" through the deck, watti, curus, etc.All cracks over 1/16' in width and all movirig'"ra"i" uno"r 1/16" in width shall be routed out to1/4" minimum in width and depth and filled fl-ush with PT-304 or CcW-201 poryrietane searant.All expansion joints less than 1" wide shall be cleined, primed, fitted with a backing rod andcaulked witt CcW-201 Polwrethane Sealant. For larger joints, contract Carlisle iefresentative.Allow all sealant to cure atieast ovemight.
Stir Primer.. Apply a thin film of primer 1b" wide, centered over sealed cracks and joints, hairlinecracks, and cold..joints. Apply primer 8" on each side of all @mers. prime coicrete aroundorarn langes. A ow primer to dry per manufacfurer=s recommendations.
07131-3
G' tn:lall 3t' 8"-1,9:-l!p of cCW MiraDRl 860/861centered over joints and cracks. Instrau a 12'
. . yde strip of CCW MiraDRt 860/861centered over the axis of ait ;r;;;r. --H' Terminate membrane.arouna orains feidcw uir"onr aoo .oi"i detaits. Terminate themembrane under the clamping ring. seal all edges with ccw-704 rt/|""$".
-oo
not interfere withweep holes.
APPLICATION
A. Priming: Clean surfaces to remove residual dust before priming.roller at a rate recommended by manufacturer. Allowrecommendation.
Stir primer. Applybysprayor
to dry per manufachrrer=s
B' Horizontial surfaces: Install sheet membrane from lowto high point, so that laps wll shed water.ovedapedgeseams2l/i,endlaps5", Stiaggerend_seami Aoninp[*-ffi"n18to24"wide,
;3|*t;lill ) *sirient rorer. Ensure that arlJps are firmry adh";;J ;il;;iihere are no saps or
c. y.eTtical surfars: Ap-pry in rengths of B' or ress. overrap edge sams 2w. on wals over g.high' apply in 8'seclions, starting at the lowest point with tni rrigri"i s""tion overtapping thelower section 5'. Roil in prace using firm pressure with a hand roiier.D' Terminations: Consult Carlisle 860--9 De6ib-for proper terminations. Roll terminating edgeslTtv' nppry ccw-704 mastic to all terminations and >T= ioinrs. nppiv Ccw-704 Mastic orccw-703-v Liquisear to raps at angre changes, extending g; in eacfrdirection.
FLOOD TEST
A After sheet membrane has been in place at least 24 hours, plug drains ancl provide baniersnecessary to contain flood water. Consult with structural engineer-for deck loading limib beforeconducting a water test.B' Flood surfacewith 2" head of waterfor24 hours. Inspect for leaks and repair membrane if leaksare found. Retest after making repairs.
PROTECTION COURSE
A. VERTICALAPPLICATION:
Install CCW QuickDMlN,Perimeter Drainage System as lhe first course of drainage compositeimmediately after membrane has been instilled on vertical surfaces. Install ccW MiraEiMlNDrainage Composite (consult CCW for recommendation), CCW protection Board-v protection
Course or CCW 200V.^on r.emainder. Stop drainage composite 6'below final grade level.B. HORIZONTALAPPLICATION:
Install CCW MiraDRAlN. Drainage Composite (consult CCW for recommendation) or CCWProtection Board-H Protection Course or CCW 3ooHV immediately atei nooo testing onhorizontial surfaces. lffood testing.is dela)€d, install a temporaw J"dri"g i" protect the ccwMiraDRl 860/861membrane ftom damagi by other trades.
End of Section
Carlisle, Sure'Seal, CCW MiraDRAtN, cCW QuickDRAlN, MhaDRl and Liquiseal are trademarks ofCarlisle Corporation. @,1 996, 2002 Carlisle Corporation.
3.5
071314
GoatilEs & Waterproofirq
DESCRIPTION
CCW Lll,l-800x1 Liquid Mastic is a ftst-drying elasto
medc, single component, cold-applied liquid material.
TYPICAL USES
CCW 1"il,1{00XL is an accessory produd used in con-
jundion wih CCW MiraDRl 86U861 membranes. CCW
LM€OOXL is designed to be used as a fllet and rein-
brcement under CCW MiraDRl 860/861 membranes at
boting foundation wall junc.tures or other inside comers;
and between boting and tuundations when tying in slab
waterproofing wih the foundation wall.
Other appli:ations include terminations and flashing to
proFusions fiom hodzontal and vertical surfaces: termi-
nations at drains; and detailing of the subsfate prior to
CCW MiraDRl 860/801 membrane application.
APPLICATION
CCW LM€ooXL should be applied direcfly from the
gallon with a putty knifie at 4G50 mil thickness unless
otheMise specified. When used as a fillet under CCW
MiraDRf 860/861, us6 a'/t" (1.9 cm) fillet and crntinue
the CCW LM-800XL out 6' (15 cm) in each direction.
At membrane terminations, use 60 mils of CCW LM-
800XL as a flashing and apply at the minimum of 2, (5
crn) wide over the CCW membrane, and a minimum of
1" (2.5 cm) onto the surface being waterproofed. CCW
MiraDRl 860/861 can be placed over CCW LM-8OoXL
after it has cured. Allow CCW Llrl-80OXL to cure 24
hours before flood testing. Do not use CCW LM-EOOXL
in applications subjectto more than S7.8 ft (17.6m) head
of water. Coverage Rate at 7r' fillet is 30' per 29 oz. tube,
co\rerage rab at 4tr50 mill is 20'-25' sq. ft. per gallon.
PACKAGING
5 gallon (l9liter) pails;
lgallon (4 liter) pails;
29 oz. (822 k9) tubes, 12 per box;
CAUTIONS & LIMITATIONS
CCWLM€OOXL Uquid Membrane shoutd notbeused
nearopen fiame and adequabventibtion should be pro-
vided for the protection of the applicabrs. Do not sbre
CCW LM-800XL in direst sunlight or at temperatures
exceeding 95'F. lmproper storage could lead b prod-
uctdebrioration.
Tools and equipment may be thoroughly cbaned after
use with mineral spirits, taking the necessary precau-
Uon when handling combustible materials. Refer to
MSDS forother product safety information.
LIMITED WARRANTY
Cnrusr.p Comrcs ! !\lrre1pp6sn16 lnoneosireo (Crar.su) rar-
rants this product lo be free of defects in workmanship and
materials only at the time of shipment from our factory. lf
any Cenusu materials prove to contain manutacturing de-
fects that subslantially effec,t their performancE, Crnusr_r wil,
at its oplion, replace the materials or refund its purchase
price.
This limited wa.ranty is the only wananty extended by C^R-
usLE wilh respect to its materials. Th€re are no olher war-
ranties, including the implied warranties of marchantability
and fitness for a particular purpose. Cenusre specifically
disclaims liability for any incidBntal, consequential, or other
damages, including but not limited to, loss of profits or
damages lo a structure or its contents, arising under any
theory of law whalsoever.
The dollar value of Cenrrsu's liebility and buye/s remedy
under this limited warranty shall not exceed the purchase
price of the Cenusu material in question.
Solids
Pliability @25"F (€2'C)
Hydrostatic Head Resistance
Elongation
PeelAdhesion
VOCContent
nsrturi rszo
ASTM D751
ASTM D412
ASTM D 903
o/o
lbs (kS)
o/o
lbs/in (kN/m)
58
Pass
57.8ft(17.6m), max
1396
28 (4.e)
3n.5
Clrllrlr it I tndmrrrt of Crrlisla Corgoration
O 2002 Csrlislc Corpora{on
ccw L €o(xL ror05 tc
Carlisle Coatings & Waterproofi ng Incorporated
900 Hensley Lane
Wylie, Texas 75098
Toll Free: (800) 527-7092
Website: www.carlisle-ccw.comCo.ongtlW|b.P|oont|g
DESCRIPTION
CCW MiraDRAlN 9OO0 is a high_performance. hioh-
strength drainage composite consisting of a threeldi_
mensional, high-impact polystyrene core, and a woven
filter fabric. The filter fabric is bonded to the individual
dimples of the molded polystyrene core. The fabric s"*eias a.flter medium to prevent the passage of particles
into the core, while allowing surface mojsture'to p;;;
freely. CCW MiraDMlN 9000's woven monofitar"nft"U
ric withstands high abrasion from applied overburden andprevents intrusion into the drainage core due to its low
elongation characteristics. The woven fabric is better
1{ted to receive a.direc{y poured @ncrete topping tnan
nonwoven geotextile hbrics.
TYPICAL USES
CCW MinDMlN 9OO0 is designed for use in horizontal
plaza, roof deck and between-slab drainage applications
where singl+sided subsurhce drainage is requireO.
CCW MiraDMlN g000 also serves as a protection course
when used in conjunction with CCW Vthterproofing Mem_
branes.
FEATURES AND BENEFITS
. Manufactured at an ISO g001 :2000 Facility. Relief of hydrostatic pressure buildup. Consistent and proven long term performance due
to a multi-directional core configuration providing a
uniform fow path for water to escape. High-flow drainage capacity assuring efiective drain-
age for virtually any horizontal application. No+logging drainage perfurmance
. High compressive strength system withstands over-
burden stresses
. Enhancemenl of waterproofing system by channel_
ing water away and providing a secondary water re-
tention layer
. Gost-saving, light weight, easy{o-install panels elimi_
nate the need for bringing aggregate to the construc_
tion site
INSTALLATION
GENERAL INFORMATIOI{
CCW MiraDMlN prefabricated drainage panels may be
installed in a variety of construction applications. fhey
may be installed against split slabs, plaza decks ani
planters. CCW MiraDRAlN can be cut with a utility knife
or scissors-. Concrete may be placed direcfly onto ei_ther side of the panels. The panels can terminate at thetop of the footing and are flexible enough to form riqht
angles to cover the top of the icoting. CbW UiraDRilN
eliminates the need for a protection course over water-proofing systems. Native soils can be used over CCWMiraDMlN. (Contact your local Carlisle Coatinos &
\A/aterproofi n g representiative for specifi c g ui delinei).
UNDERSLAB / HORIZONTAL APPLICATIONS
Floor Slabs and Concrete Lined Channels
Poper preparation of the subgrade will require grading toa 2% minimum slope. The area of insbllation itroudG
clear of rubble, rock, large soil clods, etc. place CCW
MinDRAlN wih the fabric side torvard the soil. The flange
of the..second and subsequent panels should Oe pUcEO
over the back side of the preceding dimpled coie and
butted as close as possible to the preceding panel. Thepanel joints, longitudinal and transverse on the CCW
MiraDRAlN core, should be sealed wih duct tape. This
will aid in preventing concrete or soil from intruding into
the CCW MiraDRAlN core during subsequent
"on!t u"_
tion phases. Constudion baffic shoulrl be minimized over
the instralled CCW MiraDRAlN. Sand and/or concrete mav
be poured direcily over the CCW MiraDMtN core.
Planters
Place the CCW MiraDMlN in the planter so that the
fabric on the vertical and horizontal surfaces faces the
soil. Utilize the installation procedures and attachment
method appropriate for the type of substrate. Overlao
the.fabric of the vertical panel onto the horizontal panel
at the transition point. lf cutting of the panels is required,
exposed cuts must be covered with supplemental pieces
of filter fabric to prevent soil intrusion. A minimum over_
lap of 6" (15cm) will be required to cover cut sections.
Plaza Decks
Place fabric side up over a properly waterproofed sub..
strate. The panels should be placed so that water runs
with the overlap not against it. Secure CCW MiraDMlN
to the substrate with baltast or CCW DM|N GRIp to
hold it in place. The first panels should be placed with
lhe flanged edge uphill. Cut the hbric along the flange
edge and strip off this fabric exposing the edge of the
core and the flange. Place the dimpled edge over the
preceding flanged edge to join the neX panel. Secure
the remaining fabric flap with CCW DRAIN GRtp or duct
tiape. Terminal edges that have been cut will require a
supplemental piece of filter fabric to seal the panel fom
soil inFusion.
DRAIIIAGE COLLECTOR/DISCHARGE SYSTETI
Collector Pipe
Place CCW euickDMJN or collector pipe as requiredin design detaits. The ccw ouicio'nitN ilrt';;installed adjacent to the CCW fUiraOnnffri. ;;;r;be ta^k9n to ensure a @ntinuous drainage paf, O"t"""itle 9cw euickDuN and the ccw ild;RAtN';;;_els. For installations where a collector;ffilp#li,
encapsulate. the collector pipe in a gravel bed with asupptementat section of fitter bbric
".- " ."p.Ljori'rll
DETAIL REQUIRETf,EI{TS
F-or standard installation details, follow the CCWMiraDRntN detait draMngs. rol. non_#ndlrO i"Ju-ff"][on instructions contac{ your local Carlisle Coh.g, IVl/bterproofi ng representiative.
PACKAGING INFORMATION
PlckaOing: CCW MiraDMlN 9OO0 is available in rollsof 4' by 50' (1.22m by 15.24q.
CAUTIONS / LIMITATIONS
f-jll,:r]Fyi"tt exposure by backfilting within 7 days ofInsrauatton. Any panels damaged during installition
:l"yll99.rephced by the instiller. r-irZr,rrr, CiinrMiraDMlN is resistiant to chemicals ln normal soit en_vironments. However, some reagenG may afiect its oer_formance. Cartisle Coatings a rfuaterpdn;;;;.J;_
tatives should be consultei conceming t" irir.ioiiity orCCW MiraDMlN in unusual soil enviionments.
LIMITED WARRANTY
C. musu Coerncs E Manpaoonrc l coRpoRArED (C$usLE) wanantsthis product to be free of defects In workmanship and materialsonly al lhe tims of shipment from our t"rtory. jflny"C*-u..,
materials prove to contain manufa"rrri,ig o"]!"iJ'iiisulstantialy effect lheir performance, C*ri* itrr,-Jiir. opri.i]replace the materials or retund its purchase price.
This limited wananty is the only..wananty extended by Cenusuwith r€spect lo its materials. in"re are no olher warranties.including. the imptied wananties of merchantabitity ;il ilil;;a padicular pupose. Cenusu sDecificalty Omr"irr-i fi.Uif,ty [i*Vincidental, consequenlial. or otllirit"o tq'l*.'oii;;il;; ;.:,'"' oamases' includins but not
.*ing ;;.d"i;yffiil'ffi;fijn;yo"* or its contents,
The dollar value of Cenr.H-E,s liability and buye/s ,emedy under thislimited wananty sha not exceed in" pur.ri""" pri*;iltd
EIE malenal in queslion.
DATATECHNIGAL
ffi:ntr
8"*lt ff ,i#::#"rdist6 c orporatioo
CCw M |EORAIN 9 OOO I O/04 tc
Carlisle Coatings & Waterproofing tncorporated
900 Hensley Lane
Wylie, Texas 75098
Toff Free: (8OO'', 527-7@2
Website: www.carlisle-ccw.com
Core
Thickness
Compressive Strenoth
Maximum Ftow RatJ'
hstalled HorizontalM
Fabric (FW402)
Apparent Opening Size
Water Flow Rate
Grab Tensile $renoth
Grab Elongation
Puncture Resistance
System
ASTMD 172
ASTM D 1621
ASTM D 4716
ASTM D 4716
ASTM D 4751
ASTM D 4491
ASTM D 4632
ASTM D4632
ASTM D4833
in (mm)
Psf (kl'l/m'z)
gpmffF (Umin/rf)
gpm/ft3 (Umin/m,)
US S'td Sieve (mm)
gpm/fl3 (Ymin/m2)
lbs (kN)
o/o
lbs (kN)
0.40 (10.16)
18,000 (862)
21 (260')
3.8 (471
40 (0.42)
145 (5,e07)
365 (1.62)
24
100 (0.44)
Co.tn!| & W.tiprcoing
VAIL MARRIOTT ROOF REPLACEMENT
Fire hevention plan
Provided as a public service by
OSHCON
Occupational Safety and Health Consultation program
Alllance Co'|!trrEilon I Rcrtoretm
&llEChmbcnturrBE
P.O.Eorl€
E 9b,CO8leil
(370) 32&4900
Publicetion No HS03.013A(I -06)
Revised 01117/06
1910.3g
Fire Prevention PIan
The following fire prevention plan is provided only as a guide to assist
employers and employees in complying with the requirements of the
occupational safety and Hearth Administration,s (osHA) Fire
Prevention Plan Standard, 2g Code of Federal Regulations (CFR)
1910.39, as well as to provide other helpful information. rt is not
intended to supersede the requirements of the standard. An employer
should review the standard for particular requirements that are
applicable to their individual situation, and make adjustments to this
program that are specific to their company. An employer will need to
add information relevant to their particular facility in order to
develop an effective, comprehensive progranl
191039
trIre Prevention Plan
Table of Contents
I. Objective
tr. Background
m. Assignment of Rcsponsibility
[V. Plan Implementation
A. Good Housekeeping
B. Maintenance
V. Types of Hazards
A. Electical Hazards
B. Portable Heaters
C. OfEce Fire Hazards
D. Cufting, Welding, and Open Flame Work
E. Flammable and Combustible Materials
F. Smoking
VI. Training
VII. Program Review
Vm. Attachments
A. Fire Risk Survey
B. General Fire hevention Checklist
C. Exits Checklist
D. Flammable and Combustible Marcrial Checklist
Firc Prevention plan
for
UAI L MARRIOTT ROOF REPIACMENT
]UNE2M7
I. OBJECTIVE
The purpose of this Fire Prevention Plan is to elininate the causes of fue, prevent loss of life and
Property by fire, and to complY with the Occupational Safety and Health Administration's (OSIIA)
stangard on fire prevention, 29 cFR 1910.39. lt provides employees with information andguidelines that will assist them in recogrrizing, reporting, -d'.ont olliog fue hazards.
II.BACKGROT]ND
Aliance Re.storuian / V*il Manian is committed to minimizing the threat of fue to employees,visitors, andpropety. Alliaqce Regoratian / Vail Maniofr coriplies with all applicable laws,regulations,codes, and good practices pertainingJo fire preuention. This Fire prevention plan
serves to reduce the risk of fires at vait Maniofr in the folowing ways:
A. identifies materials that are potential fire hazards and their proper handling and storage
procedures;
B. distinguishes potential ignition sources and the proper control procedures of those materials;
9' 9:r*i9o fire protection equipment and/or systems used to control fire hazards;D. identifies persons responsible for maintaining the equipment and systems installed toprevent or control ignition of frres;
E. identifies persons responsible for the control and accumulation of flammable or combustible
material;
F. describes good housekeeping procedures necess€ry to insure the control of accumulated
flammable and combustible waste material and reiidues to avoid a fue emergency; andG. provides training to employees with regard to fire hazards to which tley may be ixposed.
III. ASSIGNMENT OF RESPONSIBILTTY
Fire safety is everyone's rysporyrbllity. All employees should know how to prevent and respond tofires, and are responsible for adhering to company policy regarding fue emergencies.
A. Management
Management detemrines the Alliance Restaration / Vait Marriott fire prevention and
protection policies. Management will provide adequate controls to provide a safe
workplace, and will provide adequate resources and training to its employees to encourage
fire prevention and the safest possible response in the eveniof a fire emergency.
B. Plan Administrator
IV.
Alliance Restoratian shall manage the Fire Prevention Planfor Allience Restomtion / VailMarriott- and shall maintain all records peraining to the plan. rn-JFiilTa-inistrator shall
also:
l' Develop and administer the Alliance RBs&ralion / Vait Maniofr fire prevention
training program.
2. Ensure that fue control equipment and systems are properly maintained.3. Control fuel source hazards.
4. conduct fire risk s'rveys (see Appendix A) and make recommendations.
C. Supervisors
Supervisorsare responsible-for ensuring that employees receive appropriate fre safety
training,_and fot notfyrng Sitc Superintendent when changes in operution increase the risk
of fire. Supervisors are also responsible for eiforcingAllince Risnrarion / Vail Manion
fire prevention and protection policies.
D. Employees
All employees shall:
l. complete all required training before working without supervision.2. Conduct operations safely to limit the risk of fire.3. Report potential fire hazalds to their supervisors.4. Follow fire emergency procedures.
PLAN IMPLEMENTATION
A. Good Housekeeping
To limit the risk of fires, employees shall take the following precautions:
l. Minimize the storage of combustible materials.2. Make sure that doors, hallways, stairs, and other exit routes are kept free of
obsEuctions.
3. Dispose of combustible waste in covered, airtight, metal containers.4. Use and store flammable materials in well-ventilated areas away from ignition
sources.
5. Use only nonflammable cleaning products.
6. Keep incompatible (i.e., chemically reactive) substances away from each other.7. Perform "hot work" (i.e., welding or working with an open flame or other
ignition sources) in controlled and well-ventilated areas.8. Keep equipment in good working order (i.e., inspect electricar wiring and
appliances regularly and keep motors and machine tools free of dust and grease,9. Ensure that heating units are safeguarded.
10. Report all gas leaks immediately. Alliance Restoration / Vail Mariofr shall
ensure that all gas leaks are repaired immediately upon notifrcation.ll. Repair and clean up flammable liquid leaks immediately.
12. Keep work areas free of dust, lint, sawdust, scraps, and similar material.
13. Do not rely on extension cords if wiring improvements are needed, and take care
not to overload circuits with multiple pieces of equipment.
14. Ensure that required hot work pemlits are obtained.
15. Tum offelectical equipment when not in use.
B. Maintenance
AIIi449e Restaratianl will ensure that equipment is maintained according to manufacturers'
specifications. Alliance Restaratian / Vail Maniott will also comply with requirements of
the National Fire Protection Association (NFPA) codes for specific equipmeni. Only
properly trained individuals shall perform maintenance work.
The following equipment is subject to the maintenance, inspection, and testing procedures:
l. equipment installed to detect fuel leaks, control heating, and control pressurized
systems;
2. portable fire extinguishers, automatic sprinkler systems, and fixed extinguishing
systems;
3. detection systems for smoke, heat, or flame;4. frre alarrn systems; and
5. emergency backup systems and the equipment they support.
V. TYPESOFHAZARDS
The following sections address the major workplace fire hazards at AlJiance Restoration / Vail
Man'iafr's facilities and the procedures for controlling the hazards.
A. Electrical Fire Hazards
Electrical system failures and the misuse of electrical equipment are leading causes of
workplace fues. Fires can result from loose ground connections, wiring with frayed
insulation, or overloaded fuses, circuits, motors, or outlets.
To prevent electrical fires, employees shall:
L Make sure that wom wires are replaced.
2. Use only appropriately rated fuses.
3. Never use extension cords as substifutes for wiring improvements.
4. Use only approved extension cords [i.e., those with the Underwriters Laboratory
(UL) or Factory Mutual (FM) labell.
5. Check wiring in hazardous locations where the risk of fire is especially high.
6. check electrical equipment to ensure that it is either properly grounded or
double insulated.
7. Ensure adequate spacing while perforrning maintenance.
B. Portable Heaters
All portable heaters shall be approved by AEL. Portable electric heaters shall have tip-over
protection that automatically shuts off the unit when it is tipped over. There shall be
adequate clearance between the heater and combustible fumishings or other materials at all
times.
C. Office Fire Hazards
Fire risks are not limited to Vail Maniofr's industrial facilities. Fires in offices haveh9* more likely because of the increased use of electrical equipment, such as computers
and fax machines. To prevent office fires, employees shall:
l. Avoid overloading circuits with ofFrce equipment.
2. Tum off nonessential electrical equipment at the end of each workday.3. Keep storage areas clear of rubbish.
4. Ensure that extension cords are not placed under ca4tets.5. Ensure that trash and paper set aside for recycling is not allowed to accumulate.
D. Cutting, Welding, and Open Flame Work
Alliance Restoration will ensure the following:
l. All necessary hot work pemrits have been obtained prior to work beginning.2. Cutting and welding are done by authorized personnel in designated cutting and
welding areas whenever possible.
3. Adequate ventilation is provided.
4. Torches, regulators, pressure-reducing valves, and manifolds are uL listed or
FM approved.
5. oxygen-fuel gas systems are equipped with listed and/or approved backflow
valves and pressure-relief devices.
6. Cutters, welders, and helpers are wearing eye protection and protective clothing
as appropriate.
7. Cutting or welding is prohibited in sprinklered areas while sprinkler protection is
out of service.
8. Cutting or welding is prohibited in areas where explosive atmospheres of gases,
vapors, or dusts could develop from residues or accumulations in confined spaces.9. cutting or welding is prohibited on metal walls, ceilings, or roofs buitt of
combustible sandwich-type panel construction or having combustible covering.
l0- Confined spaces such as tanks arc tested to ensure that the atmosphere is not
over ten percent of the lower flammable limit before cutting or welding in or on the
tank.
I l. Small tanhs, piping, or containers that cannot be entered are cleaned, purged, and
tested before cutting or welding on them begins.
12.Frc watch has been established.
E. Flammable and Combustible Materials
$ite S4oerinte4dent shall regularly evaluate the presence of combustible materials atvaitMarriofr Roof(see Appendix D).
certain types of substances can ignite at relatively low temperatures or pose a risk of
catastrophic explosion ifigniled. such substances obviously require special care and
handling.
l. Class A combustibles.
These include cornmon combustible materials (wood, paper, cloth, rubber, and
plastics) that can act as fuel and are found in nott-specialized areas such as offices.
To handle Class A combustibles safely:
a. Dispose of waste daily.
b. Keep trash in metal-lined receptacles with tight-fitting covers (metal
wastebaskets that are emptied every day do not need to be covered).c. Keep work areas clean and free of fuel paths that could allow a fire to
spread.
d- Keep combustibles away from accidental ignition sources, such as hot
plates, soldering irons, or other heat- or spark-producing devices.e. Store paper stock in metal cabinets.f. Store rags in metal bins with self-closing lids.g. Do not order excessive amounts of combustibles.h. Make frequent inspections to anticipate fires before they start.
water, multi-purpose dry chemicar (ABc), and halon r2rr areapproved fue
extinguishing agents for Class A combustibles.
2. Class B combustibles.
These include flammable and combustible liquids (oils, greases, tars, oil-based
paints, and lacquers), flarnmable gases, and flammable aerosols.
To handle Class B combustibles safelv:
a. Use only approved pumps, taking suction from the top, to dispense
liquids from tanks, drums, barrels, or similar containers (or use approved
self-closing valves or faucets).
b. Do not dispense Class B flammable liquids into containers unless the
nozzle and, container are electrically interconnected by contact or by a
bonding wire. Either the tank or container must be grounded.c. Store, handle, and use Class B combustibles onry in approved locations
where vapors are prevented from reaching ignition iources such as heating or
electric equipment, open flames, or mechanicar or electric sparks.d. Do not use a flammable liquid as a cleaning agent inside a building (the
only exception is in a closed machine approved for cleaning with flammable
liquids).
e. Do not use, handle, or store class B combustibles near exits, stairs, or
any other areas normally used as exits.f- Do not weld, cut, grind, or use unsafe elechical appliances or equipment
near Class B combustibles.
g. Do not generate heat, allow an open flame, or smoke near Class B
combustibles.
h. Know the location of and how to use the nearest portable fire
extinguisher rated for Class B fue.
Water should notbe used to extinguish Class B fires caused by flamrnable liquids.
Water can cause the buming liquid to spread, making the fue worse. To extinguish afire caused by flarnmable liquids, exclude the air aro-und the burning liquid. The
following fue-extinguishing agents are approved for Class B combustibles: carbon
lloxide, multi-purpose dry chemical (ABc), halon 1301, and halon 121l. (NorE:
Halon has been determined to be an ozone-depleting substance and is no longer
being manufactured. Existing systems using halon can be kept in place.)
F. Smoking
Smoking is prohibited in al@.buildings. certain outdoor areas may
also be designated as no smoking areas. The areasln which smoking is prohibited outdoors
are identified by NO SMOKING signs.
Roofing Kettles
Fired roofing kettles shall not be operated on roofs ofbuildings unless permission is granted
by the Fire Commissioner.
There shall be at least one 20 BC portable fire extinguisher within 30 feet horizontal travel
distance ojevery roofing kettle at all times while thi unit is in operation.
AHI requirements:
VI. TRAINING
AIIi4nce Restora!'mn shall present basic fire prevention training to all employees uponemployment, and shall maintain documentati-on of the training,-which includes:
A. review of 29 CFR 1910.3g, including how it can be accessed;B. this Fire prevention plan, including how it can be accessed;C. goodhousekeepingpractices;
P. prcper response and notification in the event of a fire;E' instruction on the use of portable fire extinguishers (as determined by company policy
in the Emergency Action plan); andF. recognition ofpotential fre hazards.
Supenisors shall train employees about the fire hazards associated with the specffic
materials and processes to which they are exposed, and will maintain documeirtation of thetraining. Employees will receive this training:
A. at their initial assignment;
B. annuallY' an6
c. when changes in work processes necessitate additional training.
VIL PROGRAM REVIEW
Alliance Restaration shall review this Fire Prevention Plan throughout the roof replacement projectfor necessa4r changes.
10
t
Appendix A
Fire Risk Survey
VaiI Maftiofr
Northeast FIat Roof
Type of Fire Hazard Location Emergency Actions Required PPE
Completed by:Date:
ll
AppendixB
Use this checklist to ensure fire prevention measures confomr with the general lue preventionrequirements found in OSHA standards.
p Yes o No Is the local fue department acquainted with your facility, its location, and
specffic hazards?
If you have a fue alamr system, is it tested at least annually?
If you have interior stand pipes and valves, are they inspected regularly?
If you have outside private fue hydrants, are they on a routine preventive
maintenance schedule and flushed at least once a year?
Are fire doors and shutters in good operating condition?
Are fire doors and shutters unobstructed and protected against obstructions,
including their counterweights?
pYes n No Are automaiic sprinkler system water control valves, air pressure, and water
pressure checked weekly or periodically?
o Yes $ No Has responsibility for the maintenance of automatic sprinkler systems been
assigned to an employee or conEactor?
pYes o No Are sprinkler heads protected by metal guards?
g Yes o No Is proper clearance maintained below sprinkler heads?
FYes o No Are portable fire extinguishers provided in adequate number and type?*
flYes o No Are fue extinguishers mounted in readily accessible locations?*
d,Yes s No Are fu9 extinguishers recharged regularly with the recharge date noted on an
inspection tag?*
{Yes o No Are employees periodicalty instmcted in the use of extinguishers and fire
protection procedures? *
lfN.oE: Use of fire extinguishers is based on company policy regarding employee fire fighting in your EmergencyAction Plan and local fire code.)
pYes n No
f,Yes o No
fYes oNo
TYes o No
fYes o No
General Fire Prcvention Checklist
Completed byr Au-'e'rscE- PaSfoae.r,oS
t2
Appendix C
Use this checklist to evaluate Alliance Restoration / Vail Maniott,s compliance with OSHA,sstandard on emergency exit routes.
f'Yes o No Is each exit marked with an exit sign and illuminated by a reliable light source?
fYes o No Are the directions to exits, when not immediately apparent, marked with visible
signs?
fYes o No AT dggo'passageways, or stairways that are neither exits nor access to exits,
and which could be mistaken for exits, marked .Nor AN Exrf- or other
appropriate marking?
Ao oi! signs provided with the word "EXIT'in letters at least five inches high
and with lettering at least one inch wide?
Are exit doors side-hinged?
Are all exits kept free of obstructions?
Are there at least two exit routes provided from elevated platforms, pits, or
rooms where the absence of a second exit would increase the risr orinlury tom
hot, poisonous, corrosive, suffocating, flammable, or explosive suustaicest
Is the number of exits from each floor of a building and from the building itself
appropriate for the building occupancy? (NorE: Do not count revolvingl
sliding, or overhead doors when evaluating whether there are sufficient-exits.)
Are exit stairways that are required to be separated from other parts of a
building enclosed by at least one-hour flue-rlsistant walls (or u least two-hour
fire-resistant walls in buildings over four stories high)?
)f Yes o No Are the slopes of ramps used as part of emergency building exits limited to one
foot vertical and 12 feet horizontal?
fYes o No Are glass doors or stomr doors fully tempered, and do they meet the safety
requirements for human impact?
pYes o No Can exit doors be opened from the direction of exit travel without the use of a
key or any special knowledge or effort?
{OYes o No Are doors on cold storage rooms provided with an inside release mechanism
pYes o No
pYes o No
FYes tr No
yYes o No
pYes o No
fYes o No
Exits Checklist
t3
fYes o No
fYes oNo
Completed by:
that will release the latch and open the door even if it's padlocked or otherwise
locked on the outside?
where exit doors open directly onto any streel alley, or other area where
vehicles may be operated, are adequate barriers and wamings provided to
prevent employees from stepping into the path of traffic?
Are doors that swing in both directions and are located between rooms where
there is frequent traffic equipped with glass viewing panels?
tlDara:6161?&1t-Vt*tcL 0J;,
T4
t. t
Appendix D
or ecklist
Use this checklist to evaluate Alllancc Restoration / Voil Matriofr's compliance with OSHA,sstandards on flammable and combustiUle rnateriats:
fYes oNo Are combustible scrap, debris, and waste materials such as oily rags stored in
covered metal receptacles and removed from the worksite prompu-yz
pYes oNo fre approved containers and tanks used for the storage and handling of
flammable and combustible liquids?
pYes oNo Arc all connections on drums and combustible lquid piping vapor and liquid
tight?
pYes oNo fue all flammable liquids kept in closed containers when not in use?
fYes oNo Are metal drums of flammable liquids electrically grounded during
dispensing?
Do storage rooms for flammable and combustible Iiquids have appropriate
ventilation systems?
p"Yes oNo
p,Yes oNo Are NO SMOKING signs posted on liquefied petroleum gas tanks?
TYes oNo Are all solvent wastes and flammable liquids kept in firs-lssigrenf covered
containers until they are removed from the worksite?
pYes oNo Is vacuuming-used whenever possible rather than browing or sweeping
combustible dust?
'fles oNo Are fuel gas cylinders and oxygen cylinders separated by distances or fire-
resistant barriers while in storage?
fYes oNo Are fire extinguishers appropriate for the materials in the areas where thev are
mounted?*
pYes oNo Are appropriate fire extinguishers mounted within 75 feet of outside areas
containing flammable liquids and within 10 feet of any inside storage area for
such materials?*
qfes oNo Are extinguishers free from obstruction or blockage?*
fles oNo fue all extingu.ishers serviced, maintained, and tagged at least once a year?*
15
a'.
t
pYes aNo Are all extinguishers fully charged and in their designated places?*
loYes oNo where sprinkler systems arc pennanently installed, are the nozzle headsdiryted or arranged so that water will not be sprayed into operating electrical
switchboards and equipment?
fles oNo fue NO SMOKING signs posted in areas where flammable or combustible
materials are used or stored?
-EYes oNo Are safety cans-utilized for dispensing flammable or combustible liquids at
the point ofuse?
pYes oNo Are all spills of flammable or combustible liquids cleaned up promptly?
pYes oNo Are storage tanks adequately vented to prevent the development of an
excessive vacuum or press're that could resurt from filling, emptying, or
temperature changes?
iA{9T: Use of fire extinguishers is based on company policy regarding employee fire fighting in your EmergencyAction Plan and local fire code.)
Completed by: ts !r- I qc(r-€- Af,.st€l.,t'ld o*", uf v f ze;t
t6
FITE
COP10vlt0F l/A[,
Department of Community D evelopment
75 South Frontage Road
Vail, Colorado 81657
970-479-2138
F/lX 970-479-2452
www.vailgov.com
Vail Resorts
c/o Todd Goulding
137 Benchmark Road
PO Box 959
Avon, CO 81620
June 22.2005
Re: Release of the Letter of Credit for the Maniott Parking Structure located at 720 West
Lionshead Circle/Lot 3, West Day Subdivision
Mr. Goulding,
This letter is being sent to inform you that the Town of Vail Community Development
Department is releasing the Letter of Credit you posted for improvements to the Maniott
Parking Structure at the above address. The original copy of this Letter of Credit for $12,500,
Number 3072145, is attached.
Please review these comments and if you have any questions regarding this letter please
contact me at 970-479-2148.
With,regards, , I /ll
Wt,uvn Unf(W
Wanen Campbell I
Senior Planner
Cc: File
{-,g *"t"t""o "rrtt
THIS AGREEMENT, made and entered into this ///fr Oay ot fu,q#. .20 d+.
by and among V/r.tL ?=<ei?'iE fuJ. eO. (the "Developer"), and the Town of
Vail (the "Town") and &tx op Andzz.a (the "Bank").
Legal ,Block_
Subdivision:
Address:
Developer:
Project Number:
lmprovement Completion
Letter of Credit Expiration
DEVELOPER IMPROVEM ENT AGREEM ENT
WHEREAS,tfe Developer, as a condition of approval of the Temporary Certificate of
Occupancy for
(address, legal description, and project number) wishes to enter into a Developer lmprovement
Agreement; and
WHEREAS, the Developer is obligated to provide security or collateral sufficient in the
judgement of the Town to make reasonable provisions for completion of certain improvements set
forth in the attached estimated bid(s) in accordance with the approved plans and specifications
filed in the office of the Community Development Department of the Town of Vail; and
WHEREAS, the Developer wishes to provide
Agreement, including completion of all improvements
the following:
an irrevocable
security to guarantee performance of this
referred to in this Agreement, by means of
-,o t\{
letterof credit#3o't in the amountThe Developer agrees to establish
of $ /Z Sa2o. co win
(name of bank in Eagle County, Colorado) as the security for the completion of all
improvements referred to in this Agreement, in the event there is a default under this
Agreement by the Developer.
NOW THEREFORE, in consideration of the following mutual covenants and agreements,
the Developer and the Town agree as follows:
1. The Developer agrees, at its sole cost and expense, to furnish all equipment and
materials necessary to perform and complete all improvements referred to in this Agreement. The
Developer agrees tg complete all improvements referred to in this Agreement on or before the
3.'?'day6t -luau ,2}rg/.l. The Developer shall complete, in a good
workmanlike manner, all improvements referred to in this Agreement, in accordance with all
approved plans and specifications filed in the office of the Community Development Department
of the Town of Vail, and to do all work incidental thereto according to and in compliance with the
following:
Flcdev\FORMS\DlA\DlA credit format 112002.doc Paoe 1of5
a. All said work shall be done under the insoection of. and to the satisfaction
of, the Town Planner, the Town Engineer, the Town Building Official, or other
official from the Town of Vail, as affected by special districts or service districts, as
their respective interest may appear, and shall not be deemed complete until
approved and accepted as completed by the Community Development
Department and Public Works Department of the Town of Vail.
2. , To secure and guarantee performance of the obligations as set forth herein, the
Developer agrees to provide security as follows:
lrrevocable letter of credit #in the amount of $
('125% of the total costs of the attached estimated bid(s)) with
(name of bank in Eagle County, Colorado) set to
expire on the _ day of , 20 (not to expire less
than 30 days after the date set forth in Paragraph 1 of this Agreement) as the
security for the-completion of all improvements referred to in this Agreement, in the
event there is a default under this Agreement by the Developer.
3. The Developer may at any time substitute the security originally set forth above for
another form of security or collateral acceptable to the Town to guarantee the faithful completion
of those improvements refened to in this Agreement and the performance of the terms of this
Agreement. Such acceptance by the Town of alternative security or mllateral shall be at the
Town's sole discrelion.
4. The Town shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage happening or occuning to the work specified in this
Agreement prior to the completion and acceptance of the same, nor shall the Town, nor any
officer or employee thereof, be liable for any persons or property injured by reason of the nature
of said work, but all of said liabilities shall and are hereby assumed by the Developer.
The Developer hereby agrees to indemnify and hold harmless the Town, and any of its
officers, agents and employees against any losses, claims, damages, or liabilities to which the
Town or any of its officers, agents or employees may become subject to, insofar as any such
losses, claims, damages or liabilities (or actions in respect thereof) that arise out of or are based
upon any performance by the Developer hereunder; and the Developer shall reimburse the Town
for any and all legal or other expenses reasonably incuned by the Town in connection with
investigating or defending any such loss, claim, damage, liability or action. This indemnity
provision shall be in addition to any other liability which the Developer my have.
5. lt is mutually agreed that the Developer may apply for and the Town may
authorize a partial release of the security provided to the Town for each category of improvement
at such time as such improvements are constructed in compliance with all plans and
specifications as referenced hereunder and accepted by the Town. Under no condition shall the
dollar amount of the security provided to the Town be reduced below the dollar amount necessary
to complete all uncompleted improvements referred to in this Agreement.
:i
.,1
j
F:\cdev\FORMS\DlA\DlA credit formal_'l12o02.doc Page 2 of 5
6. lf the Town determines, at its sole discretion, that any of the improvements
referred to in this Agreement are not constructed in compliance with the approved plans and
specifications filed in the office of the Community Development Department of the Town of Vail or
not accepted by the Town as complete on or before the date set forth in Paragraphl of this
Agreement, the Town may, but shall not be required to, draw upon the security refened to in this
Agreement and complete the uncompleted improvements refened to in this Agreement. Pursuant
to Section 12-11-8, Vail Town Code, the Temporary Certificate of Occupancy referred to in this
Agreement may be revoked until all improvements referred to herein are completed by the
Developer or the Town in accordance with this Agreement.
lf the costs of completing the uncompleted improvements referred to in this Agreement
exceed the dollar amount of the security provided to the Town, the excess, together with interest
at twelve percent (12%) per annum, shall be a lien against the property and may be collected by
civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner
as delinquent ad valorem taxes levied against such property. lf the Developer fails or refuses to
complete the improvements referred to in this Agreemenl, such failure or refusal shall be
considered a violation of Title 12 (Zoning Regulations), of the Vail Town Code, and the Developer
shalf be subject to penalties pursuant to Section 12-3-10 (Violations: Penalties) and Chapter 1-4
(General Penalty), Vail Town Code.
7. The Developer shall warranty the work and materials of all improvements referred
to in this Agreement located on Town property or within a Town right-of-way, pursuant to Chapter
8-3, of the Vail Town Code, for a period of two years after the Town's acceptance of said
improvements
8. The parties hereto mulually agree that this Agreement may be amended from time
to time, provided that such amendments be in writing and executed by all parties hereto.
Dated the day and year first above writte;r.
Developer
STATE OF COLORADO
COUNTY OF EAGLE
The foreooinq Develooer lmorovement Aqreement was acknowledqed before me this
f q Olv it \.e-c'e"xV"'<r ,2X)gby Ld.\trz^un T' 6c"ld r.'*q
Witness my hand and official seal.
My commission expires /n'l tB
Flcdev\FORMS\OlA\DlA credit format 1 l2002.doc Paoe 3 of 5
Zoo
I
"l
I{l'
srATE OF COLOMDO )
)ss.coUNTYoFEAGLE )
The foregoing Devqloper lmp;ovement Agreement was acknowle(ged befgre me this
f Y oayof /Jeoot-b<r ,zQyby brarren (!truab.tj---
Witness my hand and official seal.
My commission expires':
Bank
srATE OF COLOMDO )
)ss.couNryoFEAGLE )
The foregoing Developer lqprovement Agreement was acknowledged before me this
-
day of 20_ by
Witness my hand and official seal.
My commission expires:
Notary Public
F:\cdevlFORMS\DlA\DlA credit format_l12002.doc Page 4 of 5
I
ATTAqHEPGSPIES OF THE ESTIMATED BI
Fi\cdev\FORMS\DlA\DIA credit format 1 12002.doc Paoe 5 of 5
60tC. 14.2004 l0r44A||/| VRDC C0ilSTRtJCTIOil 970-845_2358 ilo.95t6 P. I
taa StlAseg To rt*-t?+t eg'n'b
EXISTING
ARRIOTT
PARKING
STRUCTURE
(JAu. roe fuinr$gg.tl, '625.
'l .
1.,,:
I
o0snN0 wAl.l,,J
EXSNNG STAIRS
In'\i
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Nqthffi
#AW
Ngtl strAttsp atea'6XEr/*b
,Bankof America z
DATE: DECEMBER 1-0, 2004
IRREVOCABI.,E STANDBY LETTER
PAGE: L
OF CREDIT NUMBER: 3072L45
BENEFICIARY
THE TOWN OF VATL, COLORADO
75 S. FRONTAGE ROAD WESTVAIL, CO 8L657
APPLICANT
VAIL RESORTS DEVEI,OPMENT COMPANY
137 BENCHMARK RD,
AVON, CO 81520
AMOI'NT
usD 12,500.00
TWEI-,VE THOUSAND FTVE HI'NDRED AND
00/100'g us DoIJIJARS
EXPIRATION
,JULY 1, 2005 AT OUR COUNTERS
WE HEREBY ESTABLISH IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF
CREDIT WHICH IS AVAIIJABIJE WITH BANK OF AMERICA, N.A. BY PAYMENT
AGAINST PRESENTATION OF THE ORIG]NAI-, OF TH]S LETTER OF CREDIT A}ID
YOUR DRAFTS AT SIGHT DRAI,VN ON BANK OF AMERICA, N.A., ACCOMPAII]ED BY
THE DOCUMENT DETAII-TED BELOW:
A SIGNED STATEMENT BY THE BENEFICIARY STATING THE FOIJLOWING:
NTHERE HAS BEEN A DEFAUIJT IN THE COMPLETION OF MINOR IMPROVEMENTS
REQUIRED BY THE TOI'IN OF VATI-,, STATE OF' COIJORADO, PI]RSUANT TO THE
AGREEMENT BETWEEN VAIL RESORTS DEVEI,OPMENT COMPANY AND THE TOWN OF
VAII-, FOR THE MARRIOTT PARKING STRUCTURE MODIFICATIONS (GORE CREEK
PLACE IMPACTS. THE AMOI]NT DRAWN IS REASONABLY REQUIRED TO REMEDY THE
DEFAULT. tl
WE HEREBY ENGAGE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPI,IANCE
WITH THE TERMS OF THIS LETTER OF CREDIT WII,I, BE DUI-,Y HONORED UPON
PRESENTATION TO US AT 333 SOUTH BEAUDRY AVENUE, ].9TH FLOOR, MAIIJ
CODE: CA9-703-L9-23, LOS ANGEI-,ES, CA 90017 ATTN: STAI{DBY LETTER OF
CRED]T DEPARTMENT ON OR BEFORE THE EXPIRATION DATE.
THIS LETTER OF CREDIT IS SUB.]ECT TO THE INTERNATIONAL STANDBY
PRACTTCES 1998, rCC pUBr,rCATrON NO. 590.
IF YOU REQUIRE ANY ASSISTANCE OR HAVE ANY QUESTIONS REGARDING THIS
TRANSACTION, PLEASE CALI, 21.3-345-0134.
AUTHO
STELLA ROSALES
B.nk ofArncricr, N.A. TndG Op.latio'r6
MriI Cod.: CA9-?01- l9-Cl9
J33 S. Baudry Avcnuc, lgth Floor, Los Angelc', CA 9001 7
tn3s{z)2NSB 9-t999 CA9 t9
I
ORIGINAL
fucafP*1/of
fi'ah''is'in
Memorandum
To: Legal FileMest Day Subdivision Lots 1 , 2, and 3
From: Warren Campbell, Senior Planner
Date: May 6, 2005
The documents attached to this memorandum are the approved Development
Plan/Development Allocations for the three separate lots, Marriott Hotel, Gore
Creek Place, and the West Day Lot, which are tied together for zoning purposes
as one large lot have no internal setbacks only setbacks around the perimeter.
These documents were reviewed and approved as a part of the Gore Creek
Place review and approvals. These documents do not depict the Marriott Hotel
lot per the West Day Subdivision Plat, as a portion of the Marriott Hotel is located
within another platted subdivision.
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