Loading...
HomeMy WebLinkAbout2006, February 21 Town Council MeetingMEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 21, 2006 SUBJECT: Ordinance No. 4, Series of 2006, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to amend the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use and to add a definition of a "bowling alley" to the Vail Town Code, and setting forth details in regard thereto. On January 23, 2006, the Town of Vail Planning and Environmental Commission voted 7 -0 -0 to forward a recommendation of approval for a proposed text amendment to the Commercial Service Center (CSC) District to add "bowling alley" as a conditional use to the District and to add a definition for a "bowling alley" to the Vail Town Code. This application to amend the allowable conditional uses for the Commercial Service Center District to include a bowling alley and to add a definition for "bowling alley", was submitted in conjunction with the proposal to establish Special Development District No. 39, Crossroads. Attached to this memorandum is a copy of Ordinance 4, Series of 2006. Text which is to be added is indicated as bold italics. On February 7, 2006, the Town Council approved the first reading of Ordinance 4, Series of 2006, by a vote of 7 -0 -0. No changes have been made to Ordinance 4, Series of 2006, since Council reviewed and approved it on February 7, 2006. The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 4, Series of 2006. The Community Development Department recommends that the Vail Town Council approves Ordinance No. 4, Series of 2006, on second reading. 0 n ( la, IY) Je �a W1 % ' T �rc 4- ! 'A U04c -7-0-0 ORDINANCE NO.4 Series of 2006 AN ORDINANCE AMENDING SECTION 12 -2 -2, DEFINITIONS OF WORDS AND TERMS, VAIL TOWN CODE, TO CREATE A DEFINITION FOR A "BOWLING ALLEY" AND SECTION 12 -7E-4, CONDITIONAL USES, VAIL TOWN CODE, TO ALLOW FOR THE ADDITION OF A "BOWLING ALLEY" AS A CONDITIONAL USE WITHIN THE COMMERCIAL SERVICE CENTER DISTRICT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment by a vote of 7 -0 -0 at its January 23, 2006, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Vail Town Council finds that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 4, Series of 2006 Section 1. Section 12 -2 -2 (Definitions) of the Vail Town Code shall hereby be amended as follows: (Text which is to be added is indicated as bold italics.) BOWLING ALLEY. A recreation and entertainment facility where the sport of bowling takes place. A bowling alley may also includes accessory entertainment facilities and uses such as eating and drinking facilities, retail shops, night clubs, arcade facilities, billiards, ping pong, darts, meeting rooms, and similar uses. Section 2. Section 12 -71-1-4 (Conditional Uses) of the Vail Town Code shall hereby be amended as follows: (Text which is to be added is indicated as bold italics.) Any use permitted by Section 12 -7E -3 of this article, which is not conducted entirely within a building. Bed and breakfast as further regulated by Section 12 -14 -18 of this title. Bowling Alley Brew pubs. Child daycare center. Commercial laundry and cleaning services. Dog kennel. Major arcade. Multiple- family dwellings and lodges. Outdoor operation of the accessory uses set forth in Section 12 -7E -5 of this article. Private clubs. Public buildings. Public park and recreation facilities. Public utility and public service uses. Ordinance No. 4, Series of 2006 2 Ski lifts and tows. Theaters, meeting rooms, and convention facilities. Type 111 employee housing units (EHU) as provided in Chapter 13 of this title. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 Ordinance No. 4, Series of 2006 3 not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7 day of February, 2006, and a public hearing at 6:00 p.m. for second reading of this Ordinance set for the 21 day of February, 2006, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21" day of February, 2006. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 2006 4 Page 1 of 2 Corey Swisher - Crossroads From: <gscalpello @attglobal.net> To: <rslifer @vailgov.com >, <kfoley @vailgov.com >, <mgordon @vailgov.com >, <kruotolo @vailgov.com >, <klogan @vailgov.com >, <gmoffet @vailgov.com >, <fhitt@vailgov.com> Date: 2/21/2006 11:29 AM Subject: Crossroads As you prepare for second reading on Crossroads and deliberate the DIA, I ask that you take a moment and consider the value you are putting on the public plaza and ensure that "public use" (as compared to "public access ") is well - defined and protects the usage everyone seems to think we are getting. The value is huge, as Kent Logan expressed in the last council meeting. It stems from two basic principles: (1) each SDD must stand on its own and the value of the deviations from underlying zoning is the measure of value, and (2) precedence is not an issue, according to Matt Mire, except with respect to exactions and fees. Dominic Mauriello masterfully served up two "red herrings" and we all took the bait. The "red herrings" are in the concepts that the underlying zoning is obsolete and therefore to be ignored and that since "Crossroads is no bigger than Four Seasons" it is acceptable and should be approved. However, when one compares Crossroads to the Four Seasons, one should also look at the reasons for bulk and mass and at the hard line the Planning Commission and the Council took on the requests of the Four Seasons developer to deviate from the underlying PA zoning. Four Seasons went through the process at a time that Vail was eager to upgrade its "hot bed" base (and still is, according to Councilman Moffet during the discussion of PA -2 zoning at the last meeting). A primary objective was "no net loss of hotel rooms," which the Four Seasons met. On -site employee housing was also key. The enabling ordinance #9, Series of 2003, specified 118 accommodation units and 34 employee housing units for 68 employees. Since PA zoning allows 30% of GRFA to be used for dwelling units, 18 dwelling units were included in the plan. One concession was made, that 22 fractional fee club units be counted as accommodation units for GRFA calculations. Thus, the Four Seasons was able to build 40 for -sale units to help provide a flow of capital to enable this project to be built. When I protested the resultant bulk and mass, I was assured by councilman Moffet that there was no way the hotel could be built without these for -sale units. The flow of funds for a hotel, especially in a two season resort community, is substantially different from a commercial endeavor. Later in the process when the developer attempted to convert some fractional fee units to full dwelling units, he was denied on the basis of the underlying zoning Throughout the process the developer was strictly held to the 20 foot setback of the underlying zoning, and even after some recent approvals, the deviation from setback above ground is restricted to 2 or 3 points of minor deviations. It is worthwhile to note that the accommodation units, employee housing, fractional fee (accommodation) units and restaurant / retail occupy the first four and one -half floors above Meadow Drive ( two and one -half above Frontage Road) grade in the Four Seasons. The free market condominiums begin there and occupy two and one -half floors along the Frontage Road. Therefore, the major contributor to the bulk and mass of the Four Seasons is the commercial use (hotel) which was perceived as a major benefit to the community. The exactions for this concession included streetscape improvements on both the Frontage Road and Meadow Drive and concessions to adjacent properties: reduction of mass near Scorpio and Alphorn, parking concessions to 9 Vail Road. Crossroads has little similar justification for its bulk and mass. The commercial activities and public plaza which are touted as the desirable community elements of this building occupy the first two levels above Meadow Drive (no levels above Frontage Road) grade. Were Crossroads limited to 40 for -sale units as was the Four Seasons, or 44 as I understand the underlying zoning permits, it would have far less bulk and mass than the current plan. Were it held to the setbacks other properties are held to, it would have still less mass. file: //CADocuments and Settings\AdministratorTocal Settings \Temp \GW}00001.HTM 2/21/2006 Page 2 of 2 The original plan for Crossroads included far more "public amenities" (2 levels below ground) than the current plan. Gone is the "Dave and Buster's" type family arcade, the climbing wall, one movie theater. In short, the cost has been reduced substantially by reducing the excavation requirements by one level. Yet the developer still demands 69 condominiums To pay for the cost of construction - to ensure fmancing for a use not easily financed like a hotel? No - for a year -round rent producing commercial entity with two levels of retail. So the Crossroads project is being granted 25 - 29 additional condominiums and associated bulk and mass over and above what was granted to the Four Seasons and above and beyond its current zoning. The condominiums average 2880 square feet, so at $2200 per square foot (One Willow Bridge Road), the market value of 25 condominiums is at least $158,400,000. For this the Town receives some perhaps incremental streetscape over what the Four Seasons has been required to provide, no employee housing, and a public plaza the supports ex ect to be able to use. That is one very expensive plaza, so please make sure you secure its use for posterity, because otherwise the merchants and the condo owners will pressure the owner to cut down on the noise and the "locals who only come to drink and party." Steet Beat is a perfect example: the Town is the arbiter between the Vail Valley Foundation and the merchants and condo owners, and can make the trade -offs for the benefit of the Town. Similar issues in Crossroads make the owner the arbiter, and he must put his financial interests first. Gwen Scalpello E7 PI file:HCADocuments and SettingsUdministratorTocal Settings \Temp \GW}00001.HTM 2/21/2006