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HomeMy WebLinkAbout2006-01-17 Support Documentation Town Council Work Session WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 12:00 NOON, TUESDAY, JANUARY 17, 2006 NOTE: Times of items are approximate, subject_to change, and cannot be relied upon to determine at what time Council will consider an item. Council will be served lunch. 1. Matt Mire ITEMlTOPIC: Executive Session, 1) C.R.S. § 24-6-402(4)(f) - Personnel Matters, discussion of annual reviews of the Town Manager, Town Attorney, and Municipal Judge. (60 min.). 2. Rex Keep ITEM/TOPIC: Council Photographs. (30 min.) 3. Todd OppenheimerlTEM/TOPIC: WET Design Introduction. (20 min.) Theresa Powell and Andrea Silva of WET Design along with Brent Lloyd of Wenk Associates will be introduced as the design team for the Seibert Circle Streetscape Feature. Council will be asked to make comments regarding the design direction to the design team as they feel appropriate. Council will also be invited to participate in the public input session scheduled for Wednesday, January 18, 2006, 9 am to 12 noon, in the Council Chambers. 4. Warren Campbell iTEM/TOPIC: Site Visit. An appeal of the Town of Vail Design Review Board's denial of a design review application; pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. (20 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code. BACKGROUND RATIOPIALE; On November 2, 2005, he Design Review. Board denied a request. for a change to approved plans pursuant'to Section 1'2=11~ Desigri Re"view,; Vail Town- Code; ;to allow for"a change to approved plans.. regarding.,.architectural alterations; (existing skylights) to an existing ,residence, located at . 1220 Ptarmigan Road. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan Road, have appealed the Design Review Board's denial. Please refer to the staff memorandum dated January 17; 2006;- for additional-information. On January 3, 2006, the Town Council tabled the Hess Residence appeal to January 17, 2006. STAFF RECOMMENDATION: Staff recommends that the Town Council overturn with modifications the Design Review Board denial of the Hess Residence design review application and accept the modified design submitted by the appellant. 5. George Rather ITEM/TOPIC:~-PEC/DRB° Update: (15 min:) 6. Ron Braden ITEMROPIC: Wireless Connectivity Update. (20 min.) Agenda item to discuss the Town of Vail wireless initiative in the _ Village and LionsHead core areas. Discussion to include a brief overview on wireless options, process, pros and cons. Update council on existing projects and funding sources. 7. Steve Denney ITEM/TOPIC: Incident Command System/Emergency Management Update. (1 hr.) Steve Denney from the Colorado Division of Emergency Management will give a presentation on Council's role in critical incident management for the Town of Vail. Included will be conversations on; High Reliability Organizations, response. operations, command systems, disaster declarations, public preparedness; recovery operations, Council's policy role and emergency preparedness. . 8. Gregg Barrie ITEM/TOPIC: Vail Whitewater Park Improvements /Pedestrian Bridge Replacement. (30 min) ACTION REQUESTED OF COUNCIL: Town Staff will be presenting a recommendation for a significant improvement to the Vail Whitewater Park located at the Gore Creek Promenade. Staff is requesting that the Council weigh the merits of this proposal, and to provide feedback as to whether to move forward with final design, permitting, and bidding. Staff would return to Council prior to construction for approval of a construction contract. In addition, Staff.. is. requesting; a. recommendation on the ,_ replacement.of the existing pedestrian bridge: RECOMMENDATION: Approve the recommended. next slaps. 9. Greg Half ITEM/1'OPIC:. Discussion of First reading of Ordinance No. `1, - `' Matt Mire ~ Series' of 2006 =~ an Ordinance ;vacating. a certain;: part' of the ,system of Public Ways of the Town of Vail; Colorado, i.e.; a parcel of land located within chute road right-of-way, Lot P-3, Vail Village Fifth Filing, Town of Vail, County of Eagle, State of Colorado as recorded March 17, 2004, at Reception Number 871030 at the Eagle County Clerk and Recorder, and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL Approve, approve with modifications or deny on first reading of Ordinance No. 1, Series of 2006. BACKGROUND RATIONALE: The Town of Vail received this portion of right of way with the creation of the founders garage plat from Vail Resorts.. The western portion was then to be deeded to the Mill Creek condominium association. The streetscape design for the Mill creek Court property has been completed and the cost sharing agreement is completed. It is now known how much of the western portion of the property can be vacated. 10. George Ruther ITEM/TOPIC: Discussion of First reading of Ordinance No. 2, Series of 2006, an ordinance amending Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 2, Series of 2006 on first reading. BACKGROUND RATIONALE: On January 9, 2006, the Town of Vail PEC voted 6-0-0 (Gunion absent) to forward a recommendation of approval for a proposed text amendment to the Vail Town Code. A copy of the staff memorandum to the PEC, dated January 9, 2006, has been attached for reference. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 2, Series of 2006, on first reading. 11. ITEMlTOPIC: Information Update. (10 min.) °:• West Vail/LionsHead (Community Meetings) :• Parking Task Force Meeting. (January 24, 1 p.m.) • Discussion and direction from Council: on pursuing a joinf Vail Recreation District..= (VRD) and Town of Vail (TOV) Comprehensive Recreation Master Plan. On January 10th, the VRD approved an expenditure of up fo $30,000 to jointly fund w/the TOV a comprehensive recreation plan.. If Council wishes to move in this direction, an supplemental appropriation from RETT of $30,000 is suggested by staff. • Town staff, including administration, fire administration and fire line personnel, met with Charlie Moore and Bruce Meilke from Eagle River Fire Protection District (ERFPD) on January 11 to discuss current status of both departments. ERFPD will be going to their voters May 2 to request a 1 to 1-1/2 mil increase, half for operations (additional employees, increasing shift size, increasing salary package, etc.) and half for capital (Edwards station re-build, rolling stock, etc.). It was decided further discussions may occur after the outcome of this election and should be conducted by actual line personnel and fire staff if there is a desire from both departments to move forward at that time. 12. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 13. ITEM/TOPIC: Adjournment. (4:50 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR.WORK SESSION WILL BEGIN AT TBD, TUESDAY, FEBRUARY 7, 2005 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. bl,l~.Ofo ~j Vail Wireless Initiative January 17t" 2006 Why Wireless? ~ To provide our guests with free Internet access and timely information about community related activities. For municipal government use including Community Development and Public Safety applications. ~ Control the chaos. Types of Applications ~a Information Kiosks Public Works Projects - Street Melt Systems - Variable Message Signs Video Cameras - Pedestrian Areas - Banks and Businesses Building Inspections e Voice over I P (VOI P) Wireless Technology r 802.x - a/b/g ~ Cellular based -Sprint - Verizon - Cingular - TMobile Why not let cellular carriers provide the service? Cost - $ 60 to $ 70 /month per unit Coverage Areas Speed -Currently limited to 1 x EVDO in Vail Our options ~ Build our own network and provide guests with free Internet access and community related information. ~ Contract with a third party entity to build the network and lease back the system on a yearly basis. Lease our tower space to a 3rd party entity that would run the network as a P&L venture. Funding ~ How do we pay for this? -Capital Project. -Operational Expense. -Strategic marketing partnership. Chrysler Nortel Cisco 'Sprint Timeline c Implementation and Testing - We have already contracted with Bel Air Networks to beta test their wireless equipment for our street melt application.. - Forty five day's to deploy in Village and Lionshead core areas.- Ninety day's to deploy town wide. Considerations ~ Who will manage the network? -Customer service ~ Who will upgrade the network? r S6152 ~ Private Sector Current Government Deployments ~ City of Denver ~ City of Aurora ~ Routt County City of Steamboat Springs City of Canon City City of Boulder ~ City of Colorado Springs ~ City of Pueblo ~ City of Glenwood Springs Summit County MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: January 17, 2006 SUBJECT: An appeal of the Town of Vail Design Review Board's denial of a design review ,application (DRB05-0556), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved -plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7,-and setting forth details in regard thereto.. Appellant: Donald and Ronne Hess Planner: Warren Campbell I. SUBJECT PROPERTY The subject property is asingle-family residence .located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village 7th Filing. The appellants, Donald and Ronne Hess, owners of 1220 Ptarmigan Road, are appealing the November 2, 2005, denial of a design review application, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence. II. STANDING OF APPELLANT The appellants, Donald and Ronne Hess, have standing to file an appeal as they are the owners of 1220 Ptarmigan Road. III. REQUIRED ACTION The Town Council shall uphold, overturn, or modify the Design Review Board denial of a design review application pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. Pursuant to Sub-section .12-3-3-C5, Vail Town Code, the Town Council is required to make findings of fact in accordance with the Vail Town Code: "The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this title (Zoning Regulations, Title 12) have or have not been met." IV. BACKGROUND On July 6, 2005, the Design Review Board conceptually reviewed the proposed application to construct several additions and change the exterior architecture of the existing structure at 1220 Ptarmigan Road. At this hearing the DRB was generally concerned with the proposed design as the elevations which were all being altered to be more of an Arts/Craft style verse the existing contemporary design. The issues primarily focused on the contemporary skylights, which do not contain mullions, remaining on both the front and rear of the home. It was felt that these contemporary design elements needed to be addressed as they did not fit the proposed architectural characterof the structure per Section 12-11-1(D)(4), Guidelines. On August 3, 2005, the Design Review Board, after several work sessions, approved a design review application to allowfor additions and architectural changes to be made to the existing structure at 1220 Ptarmigan Road. The proposal required several work sessions with the DRB as the Board,, the applicant's representative, and the architect were working through. proposed .designs to achieve an architectural design which the Board felt .was complied with Section 12-11-1(D), Guidelines. The Board stated several times. that .they believed that the goal was to achieve a design which did not have remanent cohtemporary architectural features on the proposed redesigned structure. The approved design included roof structures over the sloped portions of glass while allowing. the vertical glass portions to .remain with the addition of mullions to match the rest of the new windows. A reduced copy of the approved plans are attached for reference (Attachment C). On September 20, 2005, the Community Development Department approved the building permit for the plans approved by the Design Review Board on August 3, 2005. s-„_ On November 2, 2005, the Design Review Board denied a changed to approved plans application which proposed to eliminate the previously approved roof structure being constructed in place of the sloped skylight glass. The design proposed maintained the existing contemporary skylight element. The applicant proposed to incorporate mullions into the existing skylights in order to match the other windows in the house. The owners of the home submitted the change to approved plans application as they felt the amount of light which is allowed into the home through the skylights is a very important feature of the home. The Design Review Board. denied the application, as to allow an architectural design which was not complete in design integrity would be detrimental to the neighborhood and the community as a whole per Section 12-11-1(D)(4), Guidelines, Vail Town Code. On November 10, 2005, the appellant filed an appeals form to appeal the' Design Review Board's denial of a design review application (DRB05-0556), pursuant- to Section 12-11, Design Review, ,Vail Town Code, to allow for a change to approved. plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road. The appeals form and letter from the appellant are included for reference (Attachments A and B). On December 20, 2005, the appellant returned to the .Design Review Board with a new design proposal for the skylight element which had previously been denied.. At that hearing " the design which was proposed was discussed and solutions for improving on that design were suggested. At this hearing two of the four members present expressed satisfaction with the design solution. On January 4, 2006, the applicant has submitted drawings of the refined proposal submitted on December 20,.2005. Please see the attached plans depicting the refined skylight design (Attachment D). Staff believes these plans incorporated a majority of the suggestions the Board made on December 20, 2005. 2 V. APPLICABLE REGULATIONS OF THE TOWN CODE Section 12-3 Administration and Enforcement (in part) Section 72-3-3: Appeals (in part) C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority 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 hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect. to this Title. "Aggrieved or adversely affected person"means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. Ifthe Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 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. 3. Procedures: A written notice of appeal must be filed with the Administrator within twenty (20) calendar days of the Planning and Environmental Commission's decision or the Design Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied .by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the Planning and Environmental Commission or the Design Review8oard to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied bynotifying the managing agent or the board of directors of the condominium association) at least fifteen (7 5) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within forty (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. 3 a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning and Environmental Commission or the Design Review Board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative .official rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the nett regularly scheduled meeting of the Town Council. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that fhe standards and conditions imposed by fhe requirements of this Title have or have not been met. Section 12-11 Design Review (in part) Staff has highlighted in bold portions of this, Section which staff believe are most relevant to this appeal. 12-11-1: INTENT. A. Attractive Attributes Recognized: Vail is a Town with a unique natural setting, internationally known for its natural beauty, alpine environment, and the compatibility ' of manmade structures with the environment. These characteristics have caused a significant number of visitors to come to Vail with many visitors eventually becoming permanent residents participating in community life. B.! Area Character Protection: These factors constitute an important economic base for the Town, both for those who earn their living~here and for those who view the Town as a precious physical possession. The Town Council finds that new development and redevelopment can have a substantial impact on the character of an area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision controls, and building codes. Other aspects of development are more subtle and less amenable to exact rules put into operation without regard to specific development proposals. Among these are the general form of the land before and after development, the spatial relationships of structures and open spaces to land uses within the vicinity and the Town, and the appearance of buildings and open spaces as they contribute to the area as it is being developed and redeveloped. In order to provide for the fimely exercise of judgment in the public interest in the evaluation of the design of new development and redevelopment, the Town Council has created a Design Review Board (DRB) and design criteria. C. Design Review: Therefore, in order to preserve the natural beauty of the Town and its setting, to protect the welfare of the community, to maintain the values created in the community, to protect and enhance land and property, for the promotion of health, safety, and general welfare in the community, and to attain the objectives set 4 out in this Section; the improvement or alteration of open space, exterior design of all new development, and all modifications to existing development shall be subject to design review as specified in this Chapter. D. Guidelines: It is the intent of these guidelines to leave as much design freedom as possible to the individual designer while at the same time maintaining the remarkable natural beauty of the area by creating structures which are designed to complement both their individual sites and surroundings. The objectives of design review shall be as follows: 7. To recognize the interdependence of the public welfare and aesthetics, and to provide a method by which this interdependence may continue to benefit its citizens and visitors. 2. To allow for the development of public and private property which is in harmony with the desired character of the Town as defined by the guidelines herein provided. 3. To prevent the unnecessary destruction or blighting of the natural landscape 4. To ensure that the architectural design, location, configuration materials, colors, and overall treatment of built-up and open spaces have been designed so that they relate harmoniously to the natural landforms and nafive vegetation, the Town's overall appearance, with surrounding. development and with officially approved plans or guidelines, if any, for the areas in which the structures are proposed to be located. 5: To protect neighboring property owners and users by making sure thatreasonable provision has been made for such matters as pedestrian and vehicular traffic, surface water drainage, sound and sight buffers, the preservation of light and air, and those aspects of design not adequately covered by other regulations which may have substantial effects on neighboring land uses. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council overturn with modifications the Design Review Board's denial and approve the design included with this memorandum, identified as Attachment D, pursuant to Section 12-11, Design Review, Vail Town Code, to allow for architectural alterations to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, subject to the following finding: 1. That the standards and conditions imposed by the requirements of Title 12 (Zoning Regulations) have been enforced by approving the modified design solution. VII. ATTACHMENTS A. Appellant's appeal form B. Letter from the appellant C. Reduced copy of the approved plans from August 3, 2005 D. Copy of the proposed modified design solution submitted on January 4, 2006 E. Public notice and list of notified properties 5 ~4pp~aas ~c~rm ,1 ~ Departmer-t of Cornrnuntty development ~~'.~,I71d+ ~ ~ 75 South ~ront~e Road., Vatl, Colorado $7.b57 te1:970.479,Z~39 iax: 9~'0.479.245Z web: yyww.yalluo~c.~m . general ;iinformatlon: This form is required for fling an appeal of a Staff, Design Review aoard, or Planning and Frrvimnmentai cornmissr'~m action/dedglon, A ovmplroe form and asscidabed requirerner~s must 'be submitted to the Corrsmunli:y Oevebpment Department within tv+pnty (21)) t8lendar days of tlx disputed action/derision. ActionjC,~sion beirx,~ appealed: _ . G,/~-rv 6 ~ 7 0 ~~~a v~ Pl i~NS - " ~~~;e° s,~y~i ~~f/Ts D84eOf A.ctian/ Der~sian: Board m~ 51~fF person rend®ring mdyan/dadeion: ~~S/GN f ~E~~`~ ~~A~~ _ Does this appeal imroh-e a specific parcel of land? ~ (roe) xf yes, are you'an adjacent properly owner? (yes}~ _ ..- Name o? Appttlent(~}: dN/-L •S 9 oNN~ ~S S L D/~:S'S L.L C Mailing ~~iddres~ , ~9 b So~J~~oo/ iPo/+d iSi2 oYr~u G 6~.?-y+'1 f /~-,~. 3 S-2 2 3 lPht~ns• -Z d~ - ck ~/ - S~.SZ7 phyai~l Address In Yaii: ~2 ~ ~~~~~~~ -~ ~~JL ~ ~ - _~~ legal D~~CriptSonofAppellant~(s)~Frope lto~Va~ilbtrot~2-B) ~~Subd'ni 'on: y~~ V/~~~ 7Z A eller~t:(s}Signature(s); ~->-'~`.,,~~.~J ~-"'~~ ~~~'"-`~'~`-'~ ~ ~~~J • PP (Attach a l"tst of signatures if more space ~ r'equired). 5ubmltt~at RcquiremCnls: ~„ 'On a separate sheet or separate sheets of paper, Provide a detailed explanation of how ydu arc an "agflrleved or adversely affected person". 2, On a separate sheet or separate sheets oP paper, s the Precise nature of qie appeal. Please cite Spedfc code sections having relevar~ to the acdon being appealed. C/~r4-/~7'~~' /i~ n'~~ /Z 3. .Provn,ie a fist of names and addres~S (bOttt mailing and physical addresses in Veil) Of all UwnErS of pmpr::rty who are the subject of khe appeal and all adjacent property owners (induding owners . whose properties are separated from the subjeck property+ by a right•af-way, stream, or other Ir-ter~ening barrier). 4, Provl 9e Stamped, atldressed envelopes fns each Property owner lisped in (3.). PLEASE SUBMIT THi$ FORM ANQ ALL SUBMITTAL REQLJIREMENT570: TOWN OF VAIL, DEPARYMt:N'r OF COMMUNITY DEYELOPMEr~, 7s soem~+ Fitt7NTAGC R~+4a, vAII., COI.oRraoo 8z65'~- P,,.,waM-a,,,nFOwksw?i,uC,o,ooe,ts.oo~ Attachment: A - ..~ ~OU-21"=2085`16:`47~`~FP.OM:HESS' 2a58794754~"""-° "-_.._._._...... Konz~c ar~d Dona.Id F-Iess 705 1~~rCh ZO~h $t:eef. Suire.1U15. Birmingham, AL 35203 (2US) 521-6.314 Fax (205} 32f-3683 .mail: ess [r)c Ihwc d )a • rt';.C~~m November'21, 20x5 Town Council of Vail Town of Vail 75 S. Frontage Road Vail, CO 81657 Dear Council Members: --~TO "19708459979 ~ - ,. As the neGV property owners of 122fl Ptarmigan Rand, we submit the following Gppeaf to the Town Council. We believe. Section 12-11 of Design Review was nat property interpreted and enforced by the Design Review Board, and that we have, in fact, met the intent of the referenced Section. Wa believe the design submitted is in har~-nany with the neighborhood and the surrounding area. Vile have updated a 23 year old design to bet#er fit the current neighborhood. "I'he original structure had a massive ~~at raof that faced the pall course, To break up the roof line we have added a shed dormer and stone to the fireplace chase, The existing white stucco has been replaced with new earth- " taped stucco, and with contrasting wood trim around the new vrindows. We feel ' these changes have added much needed character to the old, plain design. Since the house sits very close to the mountain, the existing skylight system is essential to allow much needed natural interior light into the house. -Adding a roof aver the skylight system would ,make the interior of the house much darker. We d4 not believe the skylights are a dominating ar negative feature. of the house, and therefore request the Town Council overturn the decision of the DR13 to require the modification of the skylights. ..Sincerely yours, _ - f~-~7 ti v Vii/ Ronne Ness Donald Hess Attachment: B D sy 3 c~ n a a N~I~µ eLeVjrtjot`I HESS RESIDENCE i22o PTARIbIIGAN ROAD vAII:, COLORADO .. A R C I1 I T E C T S D. A. RUGGLES & ASSOCIATES sauo CHHRRY CRSRKSOUTH DRIVE 8784to DHNVRR COLORADO Bgioq~6 - • COPYRICiITaoo3 ~enc~er;n D~ ~ coved ~an ~ use 3,aoo5 ~ PP `~ D v 3 m .~.._.._ ~ . .r HESS RESIDENCE i22o PTARMIGAN ROAD VAIL, COLORADO b~~ ~ '. i ',. n a c ~-~ i T c c T s D. H. RUGGLES & ASSOCIA"TES goo CHERRY CRBBR 80UTH DR[Y8 6[B q1o DSHVBR COLORADO 8oao93296 COPYRiDHT aoo~ . ` vAS. , ~i~ ~-? ~¢~ ~~-sE NEw M~N-c'iN~ NtiW ~P`~- Y NEW ~Aiu~ '" '' _ N~ , 6RA~ ~ ~ N o FTF4 E~vnr o N m ... y D c~ .. D . ~I . RESIDENCE FT~.RMIGAN COLORADO A R C I-I I T C C T S RU'GGL~S ~ t1~SUCYA'~'ES 9zoo CHBRRY CR86K SOUTH DRIVE STB qio DHNVBR COLORADO Sozog-32g6 COPYRIGI~iT aoo; EXISTING RIDGE SKYLIGHT WITH ADDITION OF TIMBER OVERLAY SECTION AT SKYLIGHT 1 " = 1'-0" DRAWING TITLE: DRAWN BY: NGO SECTION PROJECT NO.: )000( )()O( pp( , _ ARCHITECTS pRO.IECT INFORMATION: ISSUE DESCRIPTION: DATE: A / \ D . H . RUGGLES 8~ ASSOCIATES HESS RESIDENCE , ^ ` 3200 CHERRY CREEK SOUTH DRIVE SUffE 410 DENVER, CO. 80209 TELEPHONE 303 355-2460 FACSIMILE 303 355-2546 A PROFESSIONAL CORPORATION Attachment: D THIS ITEM MAY EFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Town Council of the Town of Vail will hold a public hearing in accordance with Section 12-3-3 of the Municipal Code of the Town of Vail on Tuesday, December 6, 2005, at 6:00 PM in the Town of Vail Municipal Building. In consideration of: ITEMITOPIC: An appeal of the Town of Vail Design Review Board's denial of a design review application (DRB05- 0556), pursuant to Section 12-11, Design Review, Vail Town Code, to allow for a change to approved plans regarding architectural alterations (existing skylights) to an existing residence, located at 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7, and setting forth details in regard thereto. Appellant: Donald and Ronne Hess Planner: Warren Campbell The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road.. . Attachment: E ,. ,. 1200 Ptarmigan Hyatt, Eileen & Charles 301 Cook Street Denver, CO 80206-4422 1119 Ptarmigan Town of Vail C/O Finance Dept 75 S. Frontage Road Vail, CO 81657 1250 Ptarmigan M. Crow Management Trust 2100 McKinney Ave, Suite 700 Dallas, TX 75201 1200B Ptarmigan, John H. Stampler Vail House Qpr Trust 3600 S. Gilpin Englewood, CO 80110 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,. January 9, 2006 Tt?~NOFYAII. ' PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm 1. Staff memorandums were discussed with Commission members; no direction given. MEMBERS PRESENT Bill Jewitt Rollie Kjesbo George Lamb Doug Cahill Chas Bernhardt Dave Viele MEMBERS ABSENT Anne Gunion Site Visits: 1. Kalkus Residence - 324 Beaver Dam Road Driver: Bill Public Hearing -Town Council Chambers 2:00 pm A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setbacks, located at 324 Beaver Dam Road/Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) Applicant: Peter Kalkus Planner: Bill Gibson ACTION: Denied MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-0 Bill Gibson presented an overview of the staff memorandum. Steve Riden gave a presentation discussing the history of the structure and the desire of .the owners to create new access around their property. The Commission did not find proof of a physical hardship to warrant this variance request. The Commission stated that the previous setback, variance granted in 1984 compensated the applicant for the apparent sewer easement on the property. The Commission found that approving this current request would be a grant of special privilege. 2. A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello . Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2005 MOTION: Viele SECOND: Lamb VOTE: 6-0-0 y Page 1 Warren Campbell added several. recently received letters to the public record, including a letter from the Vail Village .Homeowners Association, the Vail Chamber and Business Association, the Village Inn plaza Condominium Association and. the vice-president of the Village Center homeowners'Condominium Association. Warren Campbell presented an overview of the request and the staff memorandum. Dominic Mauriello, representing the applicant, noted that last year the PEC gave direction. to create a digital model of the project rather than a physical model. He stated that the applicant • was unaware of any requirement to provide a physical model of the neighboring properties as a part of this application. He stated that their concern was that a physical model would take 6 to 8 weeks to complete and would delay their project. He further noted concerns that several members of the PEC will be term limited this spring, and a delay in the review process could require the applicant work with two different groups of PEC members. He concluded by presenting a ;power point presentation which demonstration the differences between the current Crossroad Redevelopment proposal and the proposal recommended for approval by the PEC on April 25, 2005. Russ Forrest noted that the Staff is requesting both a digital and physical model to provide as much information as possible to the PEC and the public during the review process. Winston and Associates presented the April 25, 2005, digital model of the proposal, while Dominic Mauriello further explained the proposal. Joe Stauffer,' a resident and neighboring property owner, noted that in the early 1970's he was required to construct a physical model of the WI and the surrounding neighborhood. He believes a physical model is necessary understand the scale of this proposal. Lourdes Verzacca, a citizen, requested that the PEC not second guess themselves and allow the proposal to proceed. Jim Lamont, representing the Vail Village Homeowners Association, requested the PEC treat all applicants equally. He noted that those in the public do not have access to the digital model outside the actual hearing, unlike a physical model. He commented that the physical study model of the; recent Ritz Carlton project is an example of a good tool for the public review process. He believes it is unfair for an applicant to not provide a tool, physical model, for reviewing the project. He feels that a change in the political environment does not alter the key elements and issues about the project. He believes that all tools should be made available for these discussions. He rioted that Vail's Front Door, Arrabelle, etc. provided both forms of. models. The PEC would be undermining the review process and create preferential treatment between applicants and development projects if they did not require a physical model and surrounding properties for Crossroads to be submitted. He concluded by stating that it appeared their had been ex parte communication regarding this item and that in any form it is wrong. Kaye Ferry, as a public citizen and as part of the VCBA, questioned why a physical model had become an important issue. She believes there is something going on behind the scenes to slow this project. She asked what has changed that would cause the PEC to change their minds about approving this project. She believes the community wants this project built and as soon as possible. Paul Verzacca, owner of. La Tour Restaurant, voted in the recent election for candidates that would push this project through. Page 2 Dominic Mauriello, noted that they did submit a physical model of the proposed building and should not be expected to submit materials different from their original application. He did not see anyway to anticipate the need for both types of models. He believes that in fairness they should not be required to submit both a physical and digital model. Commissioner Viele recalled a meeting last year where the PEC chose to require a digital model .rather than a physical model. He noted that the same submittal requirements should be required of each applicant. He feels the PEC has adequate information to review this proposal. He does see value in the physical model being submitted, but felt is unfair to require it of the entire neighborhood. He wants clear expectation of submittal requirements to be made to applicants. Commissioner Bernhardt did not believe it .was fair to change the submittal requirements in mid- process. He does not believe the PEC needs any additional information. Commissioner Jewitt does not believe a physical model is necessary. If one was to be constructed it should only include the Frontage Road neighborhood. He does not believe the PEC needs and additional information. At the Council's direction, this project should move forward expeditiously. Commissioner Kjesbo agreed with the other Commissioners and would like to see a final staff memorandum in two weeks. Commissioner. Lamb noted his opposition vote to the original proposal. His primary concern was and continues to be the floor-to-ceiling ratio that is different from other projects (11 feet 6 inches). He ;believes that a physical demonstration of the height would be helpful to the PEC and the public, i.e., making a mark on an adjacent construction crane. He does not believe anyone is opposed to a redevelopment of Crossroads, however, this project and others are changing the character of Vail. He is comfortable with the digital model. He would like to see the'use of cranes, balloons, etc., to show the actual building height. Commissioner Cahill is comfortable with the information the have received at this time. He recommends meeting with the Council to determine appropriate submittal requirements for future projects. He would like the applicant- to mark the building height on an adjacent construction crane. The Town needs to update the zoning for this property and update the Vail Village Master Plan. He also recommended more clearly defining public benefits for use when reviewing future projects. 3. A request for final review of a text amendment to Chapter 4, Districts Established, Section 12-4- 1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. (PEC06-0006) Applicant: Town of Vail Planner: George Ruther ACTION: Forward a recommendation of approval MOTION: Kjesbo SECOND: Lamb VOTE: 6-0 George Ruther presented an overview of the request and the staff memorandum. Jim Lamont, Vail Village Homeowners Association, commented that a new class of hotel market is now creating a demand for these types of hotel units. He asked staff to clarify what land uses were available in this new district and noted his concern that some West Vail properties should be mixed-use rather than just hotel projects. He also questioned if the district's parameters would be adequately compatible with other neighborhoods. Page 3 The Commissioners thanked Staff for their efforts in addressing this issue. There were no other comments. 4. A request fora recommendation to the Vail Town Council of a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to rezone Lots 9-12, Buffehr Creek Resubdivision, Roost Lodge, from Public Accommodation (PA) district to Public Accommodation-2 (PA-2) district, located at 1783 North Frontage Road, Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC05-0104) Applicant: Timberline Roost Lodge, LLC Planner George Ruther ACTION: Approved with conditions MOTION: Kjesbo SECOND: Bernhardt VOTE: 6-0 CONDITIONS: This approval is contingent upon ... George Ruther presented an overview. of the request and the staff memorandum. There was no additional comment from the applicant, public, or Commissioners. 5. A request for a final review of a major exterior alteration, pursuant to Section 12-7A-12, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the construction of the Timberline Lodge, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Subdivision, and setting forth details in regard thereto. (PEC05-0080) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: Tabled to January 23, 2006 MOTION: Lamb. SECOND: Kjesbo VOTE: 6-0 6. An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarificatioris to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 7. A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; ,multiple- family dwellings and lodges; a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0094) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello . Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2006 . MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 8. A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for' a bowling alley as a conditional use in the Commercial Service Center zone district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Page 4 Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 9. A request for a final review of a major exterior alteration, pursuant to Section 12-7B-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the expansion of retail and restaurant space (Sweet Basil and Emata) and the modification of an existing outdoor dining deck, located at 193 Gore Creek Drive/Lot 56, Block 5, Vail- Village Filing 1 (Gore Creek Plaza Building) and setting forth details in regard thereto. (PEC05-0097) Applicant: Gore Creek Plaza Condominium Association, represented by Fritzlen Pierce Architects Planner: Elisabeth Eckel ACTION: Tabled to January 23, 2006 MOTION: Lamb SECOND: Kjesbo VOTE: 6-0 10. A request for a final review of a conditional use permit, pursuant to Section 12-7A-3, Conditional Uses, Vail Town Code, to allow for the construction of 124 accommodation units with kitchen facilities, located at 1783 North Frontage Road/Lots 9-12, Buffehr Creek Resubdivision, and setting forth details in regard thereto. (PEC05-0081) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: WITHDRAWN 11. A request for final review of a text amendment to Section 12-7A-3, Conditional Uses, pursuant to Section 12-3-7, Amendment, Vail Town Code, to add "accommodation units with kitchen facilities" as a new conditional use in the Public Accommodation zone district, and setting forth details in details in regard thereto. (PEC05-0079) Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Planner: George Ruther ACTION: WITHDRAWN r 12. Approval of December 21, 2005 minutes MOTION: Bernhardt SECOND: Jewitt VOTE: 6-0 13. Information Update Russ Forest updated the Commission about future discussions about the community plan update, West Vail redevelopment, and Timber Ridge redevelopment. Commissioner Jewitt asked that the Town Attorney present a review of appropriate project orientation meeting procedures. 14. Adjournments MOTION: Kjesbo SECOND: Jewitt VOTE: 6-0 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the 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. Page 5 Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. r Community Development Department Published January 6, 2006, in the Vail Daily. Page 6 DESIGN REVIEW BOARD AGENDA ~~ January 4, 2006 ~~~ ~ 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PLEASE NOTE: LUNCH WILL NOT BE SERVED MEMBERS PRESENT Margaret Rogers Lynn Fritzlen Sherry Dorward Joe Hanlon MEMBERS ABSENT Peter Dunning PROJECT ORIENTATION /SITE VISITS 1. Dantas Residence -1446 Buffehr Creek Road 2. Vail Dover Associates -One Willow Bridge Road Driver: George PUBLIC HEARING -TOWN COUNCIL CHAMBERS Vail Dover Associates, LLC DRB05-0376 Final review of change to approved plans (landscaping) One Willow Bridge Road/Lot 2, Block 5E, Sonnenalp Subdivision Applicant: Vail Dover Associates, LLC, represented by Resort Design Associates ACTION: Tabled to January 18, 2005 MOTION: Hanlon SECOND: Fritzlen VOTE:4-0-0 2. Vail Corp. (Ritz Carlton) DRB05-0497 Final review of new construction (multi-family) 728 West Lionshead Circle/Lot 2, West Day Subdivision Applicant: The Vail Corp, represented by Braun Associates, Inc.. ACTION: Approved MOTION: Hanlon SECOND: Dorward VOTE:4-0-0 3. Dantas Resid,erice DR605-0642 Conceptual review of new construction (single-family residence) 1446 Buffehr Creek Road/Parcel A, Residences at Briar Patch Applicant: Mike Dantas, represented by MPP Design Shop, Inc. ACTION: Conceptual, no vote 4. Hess Residence DRB05-0556 Conceptual review of change to approved plans (elevation changes) 1220 Ptarmigan Road/Lot 2, Block 8, Vail Village Filing 7 Applicant: Ronnie and Donald Hess, represented by Nedbo Construction ACTION: WiXhdrawn 2:OOpm 3:OOpm George Warren Elisabeth Warren Page 1 Staff Approvals Hartung Residence DRB05-0641 Matt Final review of a-minor alteration (remove greenhouse) 1310 Westhaven Drive/Cascade Village . Applicant: Charles and Petra Hartung , Kronenberg Residence DR605-0636 Warren Final review of change to approved plans (skylight) 1881 Lion's Ridge Loop, Unit #5/Lot 1, Block 3, Lion's Ridge Filing 3 Applicant: Mike and Jennifer Kronenberg Vail Professional Building DRB05-0635 Final review of a minor alteration (install receiver) 953 South Frontage Road West/unplatted. Applicant: Vail Associates, represented by Rick Sackbauer Matt The applications `and information about the proposals are available for public inspection during regular office hours in the project planner's office, located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Page 2 b i MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a recommendation to the Vail Town Council on a proposal to establish Special Development. District No, 39, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard. thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Crossroads East One, LLC, and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation from the Planning and Environmental Commission to the Vail Town Council regarding,a development application to establish Special Development District No. 39; Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the .redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the applicant's request to establish Special development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation from the Town of Vail Planning and Environmental Commission to the Vail Town Council of a development application to establish Special Development District No. 39, Crossroads, to allow for the redevelopment of the Crossroads site. The establishment of Special Development District No. 39, Crossroads, is intended to facilitate the redevelopment of the existing Crossroads, located at 141. and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. A vicinity map has been attached for reference (Attachment A). The applicant is proposing to remove the existing improvements on the site and construct a new structure and public plaza. According to the Official Town of Vail Zoning Map, the proposed, development site is located in the Commercial Service Center (CSC) zone district. As such, development on the site shall be governed by the regulations Vail Town Council Attachment: B outlined in Article 7E, Commercial Service Center (CSC) District; Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposal and changes made since the Commission last saw the proposal on April, 25, 2005, include: • A reduction in the number of dwelling units from 75 to 69 and the incorporation of five (5) lock-offs. A proposed deviation from the allowable number of dwelling units (47) which is 22 dwelling units greater; • .Proposed $1.1 Million in public art; • A reduction in the proposed Gross Residential Floor Area (GRFA) from 210,054 square feet to 199,830 square feet. A proposed deviation from the allowable amount of GRFA (46,051 sq. ft.) which is 153,779 sq. ft. greater; • A reduction in the proposed building height on portions of the east and west wings of the building. At its. peak in the center of the structure the height remains 99.9 feet; • Provision for employee-six (6) employee beds located off-site to accommodate the. net increase in employees generated by this redevelopment; • The project has retained the elimination of setback encroachments above grade along the west property line except for the one-story portion of the building containing the enclosed loading and delivery facility. In addition, the structure in the southwest corner of the site has been pulled back from East Meadow Drive a distance ranging between 12 to 14 feet • The project has retained the elimination of all subterranean encroachments into the Village. Center Road and East Meadow Drive right-of-ways and the removal of subterranean improvements within a minimum of 10 feet of the west property line to preserve existing trees on the adjacent site to fhe west; • The establishment of the exterision of the Town of Vaif Streetscape Master Plan by creating a plan and installing streetscape improvements for the intersections of Meadow Drive and Village Center Road and Meadow Drive and Willow Bridge Road . and the South Frontage Road; • 338 subsurface parking spaces (1,03 in excess of Town Code); • A 3-screen movie theater with stadium seating accessed at the pedestrian level of the proposed public plaza; ' • A 10-lane bowling alley and sports bar/night club/family arcade accessed at the pedestrian level of the proposed public plaza ; • An outdoor ice skating rink measuring approximately 7,000 square feet for public skating in winter/water-recreation feature (pop jetfountain) in the spring and summer months; • A public plaza of 24,130 square feet at the intersection of Willow Bridge Road and Meadow Drive (Approximately 40,000 sq. ft. including East Meadow Drive and Willow Bridge Road public right-of-ways) for public gatherings and events; • Public restrooms at the pedestrian level and within the lower level of the parking garage; • 58,804 square feet of new retail and restaurant space at the pedestrian level and one floor above surrounding the public plaza; • Establishment of an enclosed 5 berth loading and delivery facility with access from the South Frontage Road which will be made available for public use;., • The retention of a roof feature which wraps around the loading and delivery bay on the northwest corner. The retention of an awning on the west elevation over the pedestrian access proposed to connect the public plaza and Vail Village Inn Phase III. A reduced copy of the floor plans and elevations have been attached for reference (Attachment B). A copy of the text detailing the application entitled Crossroads Redevelopment: Applications for Special Development District, Text Amendments, and Conditional Use Permit dated December 12, 2005, is attached for reference (Attachment C). A copy of the Environmental Impact Report for Crossroads Redevelopment: Special Development District and Conditional Use Permit Applications dated December 2005, is attached for reference (Attachment. D). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting deviations from the prescribed development standards for building height, density. (number of units), Gross Residential Floor Area (GRFA), additional bulk and mass in required setbacks, and site coverage. III. BACKGROUND ~ o .This property was annexed into the Town of Vail by Court order on August 26,.1966, as a part of the Original Town of Vail.. o The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. o The Crossroads property is one of three properties zoned Commercial Service Center. The other two properties are the Gateway Building and the WestStar Bank Building, both of which are Special Development Districts. o On January 3, 2006, Staff went before the Town Council to discuss two options regarding the review of the proposed Crossroads development. Staff recommended that the option of looking, at potential amendments and updates to the Commercial Service Center zone district and Vail Village Master Plan was the appropriate.course of action. At that meeting the Town Council voted 5-2-0 (Logan and Slifer opposed) to proceed forward with the Special Development District review process and to not take a look at amending the Commercial~Senrice Centerzone district and Vail Village Master Plan. In addition, they affirmed four assumptions staff has made iri the previous review of the project. o On January 9,2006, the Commission. held a work session to discuss the need for any additional material other than that submitted to aid in the review of the proposed Crossroads redevelopment. The Planning Department Staff recommended that a physical model which included adjacent properties to the Crossroads site be submitted to aid in the review and understanding of the project. The Commission found no physical model of adjacent properties and that no other additional information was required in order to review the proposal. One member did suggest a desire to have some demonstration of height of the proposed structure on site or in the vicinity. IV. ROLES OF REVIEWING BOARDS Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Design Review Board: The DRB has no review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a . recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process.. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the' proposal. and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, .1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primary focus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approximately 190,000 annual skier visits and virtually no permanent residents to a community with 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits, while preserving the important qualities that have made Vail successful. This is a considerable challenge., given the fact that land within the Valley is awell-defined . finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various types of community facilities. 4 The goals articulated in the plan reflect the desires of the citizenry. The goal statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be used as the Town's adopted policy guidelines in the' review process for new development proposals. Staff has reviewed the Vail Land Use Plan and the goal statements that staff believes are applicable appear Section VIII under staff's review of Criterion D. According to the Official Town of Vail Land Use Plan map, the applicant's proposed .redevelopment site is located with the "Vail Village Master Plan"land use category. Pursuant to the Plan, the "Vail Village Master Plan"land use category description, "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2 % of the Plan area. This area has not been analyzed in this Plan document because the Vail Village Master Plan study addressed this area specifically in more detail " Town of Vail Streetscape Master Plan The Town of Vail is in the process of preparing a revision to the adopted Town of Vail Streetscape Master Plan: The original Master Plan is an outgrowth of the Vail Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give guidance to the overall physical development for the Village. In addition to providirig broad design guidelines, the Guide Plan suggested specific physical improvements for the Village. Improvements such as new plazas, new landscape area, etc. Along with the construction of these public improvements included proposals to complete numerous private sector improvements. Improvements such as building additions outdoor deck expansions,'and facade improvements. The Streetscape Master Plan was written in part to provide clear design direction for coordinated public/private improvements. According to the Master Plan, the purpose of the plan is to provide a comprehensive and coordinated conceptual design for streetscape improvements that: 1. is supported by the community; 2. enriches the aesthetic appearance of the Town; and 3. emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience. Vail Village Master Plan The Vail Village Master. Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in . ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master. Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. 5 The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship between the built environment and public spaces. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can betaken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan, the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout .the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposals. that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document .providing advisory guidelines to aid the Town in analyzing.development proposals and that full compliance is not required iri order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. !t is distinguished from the Village core by fhe larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a ~ mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is fhe opportunity to develop gafeway enfries to the Village s at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long Perm goal to strengthen the connection between this area and the Village core area by.reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out': #1-6 Crossroads infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill may be done a number of ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis of 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide activitygenerators, accessible greenspaces, public plazas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Policy 2.5.2: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health, and safety considerations. Objective 2.6: Encourage the development of affordable housing, units through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the. Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. ~~ Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping,- lighting and seating areas), along adjacent . pedestrian ways. Policy 3.9.2: Public art shall be encouraged at appropriate locations Throughout Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.1: Improve existing open space areas and create new plazas with greenspaces and pocket parks. Recognize. the different. roles of each type pf open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and improvement to existing plazas (public art, streefscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. Policy 4.1.3: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition of accessible greenspace as described orgraphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. . Policy 5.1.1: For new development That is /ocafed outside the Commercial Core 1 Zone District, on-site parking shall be provided (rather than. paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.2: The expansion of the Vail Village parking structure shall maximize the number of additional parking spaces available for public parking. Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1.4: Continue to promote the lease parking program as a means for maximizing the utilization of private parking spaces. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Goal #6: To ensure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities for existing and new development. Objective 6.2: Provide for the safe. and efficient functions of fire, .police and public utilities- within the context of an aesthetically pleasing resort setting. 9 Policy 6.2.1:. Development projects and otherimprovements in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of the proposal and potential mitigating measures. Policy 6.2.2: Minor improvements (landscaping, decorative paving, open dining decks, etc.), maybe permitted on Town of Vail land orright-of--way (with review and approval by the. Town Council and Planning and Environmental Commission . when applicable) provided thaf Town- operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. #1-7 Village Center Road Improvements Redesign of intersection as shown on the Vail Village Urban Design Guide Plan. Goal of this project is to create a visual landscape barrier to prevent unnecessary vehicular traffic. Bus, delivery and pedestrian traffic must also be accommodated in this design. Special emphasis on 3.1, 3.2, 5.3, 5.4. Goal #3: ,To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, water features; and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Policy 3.2.1: Vehicular traffic will be eliminated or reduced to the absolute minimal necessary levels in the pedestrianized areas of the Village. Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the transportation and circulation system throughout the Village. 10 Objective 5.3: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. Policy 5.3.9: The Vail .Transportation Center shall be the primary pick up and drop off point for public transit and private shuttle vans and taxis. Objective 5.4: Improve the streetscape of circulation corridors throughout the Village. Policy 5.4.9: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. Policy 5.4.2: Medians and right-of-ways shall be landscaped. Vail Village Design Considerations The Town of Vail adopted the Vail Village Design Considerations in 1980. The Design Considerations were revised in 1993. The Design Considerations are considered an integral part of the Vail Village Urban Design Plan. The Design Considerations are intended to: • guide growth and change in ways that will enhance and preserve the essential qualities of the Village; and • serve as design guidelines instead of rigid rules of development; and • help influence the form and design of buildings. The Vail Village Design Considerations are divided into two categories (urban design considerations and architectural/landscape considerations): URBAN DESIGN CONSIDERATIONS These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. The considerations include focuses on pedestrianization, vehicle penetration, streetscape framework, street enclosure, street edge, building height, views and focal points, service and delivery, and sun/shade. The specifics of these considerations are addressed by staff in Section VIII under Criterion D. Town of Vail Zoning Regulations Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: 11 Article E. Commercial Service Center (CSC) District (in part) 72-7E-7: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 72-7E-3: Permitted Uses: The following uses shall be permitted in the CSC District: Banks and financial institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbershops. Beauty shops. Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Coin operated orself-service laundries. Small appliance repair shops, ,excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. Professional offices, business offices; and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores:' Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Bookstores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores and pharmacies. Florists. Food stores. Furniture stores. Gift stores. Hardware stores. Hobby stores. 12 Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and Television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional offices, businesses, or services determined to be similar to permitted uses in accordance with The provisions of section 12-7E-2 of this article. 12-7E-4: Conditional Uses: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: 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. 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 as set forth in section 72-7E-5 of this article. Private clubs. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type 111 employee housing units (EHU) as provided in chapter 13 of this title. 12-7E-5: Accessory Uses: The following accessory uses shall be permitted in the CSC district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. 13 Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residential or lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, .and necessary for The operation thereof. 12=7E-7: Setbacks: In the CSC district, the minimum front setback shall be twenty feet (20), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be Twenty feet (20). 12-7E-8: Height: For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a sloping roof, the height of buildings, shall not exceed thirty eight feet (38). 12-7E-9: Density Control: Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted for each one hundred (100) square feet of buildable site area, and gross residential floor area shall not exceed fifty percent (50%) of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. A dwelling unit in amultiple-familybuilding mayinclude one attached accommodation unitno larger than one-third (1/3) of the total floor area of the dwelling. 12-7E-10: Site Coverage: Site coverage shall not exceed seventy five percent (75%) of the total site area. 12-7E-11: Landscaping and Site Development:' Af least twenfy percent (20%) of the total site shall be landscaped. The minimum widfh and length of any area qualifying as landscaping shall be fifteen feet (15) with a minimum area not less than three hundred (300) square feet. 12-7E-12: Parking and Loading: Off-street parking and loading shall be provided in accordance with chapter 10 of this title: At least one-half (1/2) of the .required .parking shall be located within the. main building or buildings. No parking or loading area shall be located in any required front setback area. 12-7E-13: Location of Business Actrivity: A. Limitations; Exception: All permitted and conditional uses by sections 12-7E-3 and 12- 7E-4 of this article, shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. 14 8. Outdoor Display: The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. VI. Article 12-9A: Special Development (SDD) District (in part) Section 12-9A-1: Purpose: The purpose of the special development district is to encourage flexibility and creativity in character and quality of the new development with the town: to facilitate the adequate and economical provision of streets and utilities: to preserve the natural and scenic features of open space areas; and to further the overall goals of fhe community as sfated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in the following zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements. of the development plan shall be as outlined in section 12-9A-6 of this article. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards are shown in bold text in the table below. April 25, 2005, PEC Recommendation of Approval The following is the zoning analysis of the proposal the PEC recommended approval of with conditions on April 25, 2005. The deviations to the prescribed development standards are shown. in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front (Meadow Drive): Building Height: Density: GRFA: Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' 2' (loading dock) to 25' 20' 0' to 25' 20' 0' to 150' 38' 99.9 ft. 18 units/acre 47.5 D.U.s 46,051.6 sq. ft. (40%) 28.4 units /acre 75 D.U.s 211,117 sq. ft. (183.4%) 15 Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 42,255 sq. ft. (20% total site) (36.7% total site).. Minimum Softscape. ofi total permitted 18,420.6 sq. ft. 14,898 sq. ft. (80%) (35.3%) Maxim um Hardscape of total. permitted 4,605.1 sq. ft. 27,357 sq. ft. (20%) (64.7%) Parking: 246 spaces 338 spaces (92 surplus spaces .proposed to be in private parking club) ..December 12. 2005 Pro posal Development Standard Allowed Proposed ,Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 3' to 19' West Side: 20' 3' (loading dock), to 25' .East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 26.1 units/acre 47.5 D.U.s 69 D.U.s~ GRFA: ~ 46,051.6 sq. ft. 199,830 sq. ft. (40%) (173.6%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) .Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft. (20% total site) (41.0% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 18,581 sq. ft. (80%) (39.4%) Maximum Hardscape of tota l permitted . 4,605.1 sq. ft. 28,611 sq. ft. (20%) (60.6%) Parking: 235 spaces 338 spaces 16 (103 surplus spaces) Vtl. Vtlt. BOLD indicates deviations from the prescribed development standards. The current development proposal dated December 12, 2005, is smaller than the previously proposed plans dated Aprii 25, 2005, which the PEC and staff recommended approval of to Council. To be more specific, it is has 11,287 square feet less GRFA and 6 fewer dwelling units. The building footprint has changed slightly to be pulled further back from East Meadow Drive and the roof forms have been reduced in height in some areas mainly along the eastern wing of the proposed structure. SURROUNDING LAND USES AND ZONING Land Use North: CDOT ROW South: Mixed Use East: Public Parking West: Mixed Use THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the establishment of special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, Zo_ nina None Commercial Core II District/Public Accommodation Genera! Use District SDD No. 6 "To encourage flexibility and creativity in the development of land, in order. to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate, the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." ~ . An approved development plan is the principal document in guiding the development, uses, and activities of the Special .Development District (SDD). The development plan shall contain all relevant material and information necessary to establish the parameters to which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the' proposed SDD, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. The Town Code provides nine design criteria which shall be used as the principal criteria in 17 evaluating the merits of the proposed SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: On January 4, 2006, Staff went before the Town Council to discuss two options regarding the review of the new. Crossroads development submittal. Staff was recommending that the Commercial Service Centerzone district and Vail Village Master Plan (WMP) be examined for possible amendment. At that meeting the Town Council, by a vote of 5-2-0 (Logan and Slifer opposed), chose to proceed forward in the review of the Crossroads development by utilizing the Special Development District process and affirming four assumptions Staff made in order to achieve a recommendation of approval to the PEC on April 25, 2005. . The first assumption examined Section 12-7E-1, Purpose, Vail Town Code; which identifies that the residential component should be "limitea"' so 'as to not interfere "with the basic commercial function of the DisfricY'. A second assumption staff made was regarding Section 12-7E-9, Density Control, Vail Town Code, which identifies that the amount of Gross Residential Floor Area included within a project in the CSC zone district "shall not exceed fifty percenf (50%) of tofal building floor area on any site': While the SDD process allows for deviations from the requirements mentioned above, staff examined the project to see how closely the proposed project came to meeting the purpose section of the CSC zone , district when proposing that more than 50% of the total building floor would be GRFA, and the impacts on the primary purpose of providing commercial establishments. Staff made the assumption that the amount of commercial being proposed in the project was likely at the carrying point of the property and that the proposed residential and its associated GRFA was not limiting or negatively impacting the commercial objectives of the CSC zone district. A third assumption Staff made, with the verification of the PEC by a vote of 6-1-0, was regarding the policy on floor plate height as discussed in the WMP. As discussed in Section I II of this memorandum the WMP Building Height Plan identifies a floor plate as being 9 feet in height. As several projects have come through the process applicants have demonstrated that current market demands and mechanical system needs warrant a taller floor plate dimension. The current floor plate height policy established by the PEC is 11 feet. With the proposed Crossroads project the floor plate height is 11 feet 6 inches. As mention earlier on April 25, 2005, the PEC by a vote of 6-1-0, verified that a floor plate height of 11 feet 6 inches was appropriate. One member of the Commission did not agree that a floor plate height of 11 feet 6 inches was appropriate for this project nor the village as a whole. The. assumption that a floor plate of 11 feet 6 inches brought the proposed heights of the structure closer to the maximum heights identified in the WMP. The final assumption Staff made was that a public plaza, as proposed in conjunction with the Crossroads development, was a public benefit which offset the proposed deviations of encroachments into the setbacks, excess height, site coverage,, and GRFA . A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 18 The Crossroads development site is located along the north side of East Meadow Drive across from Village Center. An attached vicinity map has been provided for reference (Attachment A). The development site is adjoined on the north by the South Frontage Road, on the east by Village Center Road and the Vail Village Parking Structure, on the south by East Meadow Drive and Village Center, and to the west by Vail Village Inn Phase Ili. All of these surrounding properties have different zoning designations and thus must complywith differing development standards. Although the neighboring properties must adhere to different zoning requirements, the buildings constructed on the neighboring properties are all two~to-seven stories. According to research of Town files, the surrounding properties have varying building heights. For instance, the new One Willow Bridge project (Swiss Chalet) will be 50 feet tall, and the Vail Village Inn Phase III varies in height from 68 feet along the Frontage Road to 25 feet along East Meadow Drive. The applicant is proposing heights of 93 feet (historic grade)/87.5 feet (finished grade) along the Frontage Road and 63.3 feet (historic grade)/56 feet (finished grade) on the portion of the building located in the southwest corner of the property along East Meadow Drive. The proposed heights of the structure along the western property line range from 84 to 63 feet (historic grade)/79 feet to 56 feet (finished grade). The tallest point on the structure is 99.9 feet above historic grade on the southern end of the main ridge above the entry to the building. Since April 25, 2005, the structure has been reduced in height in selected areas. The areas are primarily on the eastern wing of the structure. For specifics, reference the elevation drawing sheets in Attachment B which compares the April 25, 2005, elevations to the December 12, 2005, elevations. Staff believes that the proposed height will set a new precedence as it will be taller than any building in Town. However, staff believes that the deviation in height is offset by the development potential lost by proposing a 24,130 square foot public plaza (Vail Village Master Plan recommends a public plaza in this location) and the other public benefits. In order to assess whether or not the deviations proposed by the project are outweighed by the benefits staff performed an analysis which took the area of the plaza and multiplied it by the allowable GRFA factor (40%). The allowable amount of GRFA was then multiplied by the Vail Village Master Plans maximum number of stories (3-4 stories). Staff selected a factor of 3.5 stories to multiply the developable plaza area by as it was felt it was a reasonable expectation for the height of the structure which might be located in the location of the plaza. When the allowable GRFA is multiplied by the number of recommended developable number of stories, this provides an approximate amount of GRFA which could be constructed on the area being designated as public plaza. The next step was to subtract the amount of GRFA located within the setbacks and above the recommended maximum height in the Master plan of 7$ feet on this portion of the site. Upon completion of this calculation it is found that the GRFA proposed in this project is 4,687 square feet below that which could have been potential. constructed in the area occupied by the plaza. In the previous proposal approved by the PEC on April 25, 2005, the structure was requesting 121 square feet more GRFA than that which could potentially have been constructed on the plaza area. The loss of 10,224 square feet of GRFA between the April 25 and December 12, 2005 submittals accounts for this change. Therefore it is confirmed that the proposed public plaza has offset the proposal's GRFA encroachments of into setbacks and above the. 78 foot height recommended in .the Vail Village Master Plan. With the addition of the proposed 5 berth loading and delivery facility which will be made available to the public, the two proposed public restrooms (870 s.f. total) and the installation of the complete 19 streetscape improvements on Village Center Drive and East Meadow Drive Staff believes the proposed deviations have been balanced. Area of Proposed Public Plaza: 24,130 s.f. CSC Allowable GRFA. %: .40 Amount of GRFA: 9,652 s.f. Number of Developable Stories: x3.5 Square Footage of GRFA: 33,782 s.f. Amount of GRFA in Setbacks: -13.,693 s.f. Remaining GRFA of Public Plaza:. 20,089 s.f. Amount of GRFA on Floor 6: -15.402 s.f. Amount of GRFA remaining: 4,687 s.f. The computer model shows those portions of the Crossroads roof which exceed the heights granted at Four Seasons and Vail Plaza Hotel. Staff believes that the area of roof over the established heights of Vail Plaza Hotel and Four Seasons is offset by a combination of the public plaza, loading and delivery facility, .public restrooms, and proposed streetscape improvements. In regard to setbacks the One Willow Bridge project varies between 0 feet (west end) and 20 feet: Setbacks along the east property line for Vai{ Village Inn Phase III vary between 15 and 55 feet. The proposed Crossroads development has setbacks along the north and east property lines which vary from one foot to 25 feet. Above grade along the western property line the proposed Crossroads has aone-story enclosed loading facility which is within the required setback (3 feet off property line at closest location). Along Easf Meadow Drive-the setbacks vary from 150 feet along the plaza to zero setback in the southeast and 12 feet in the southwest corners. Staff previously had concerns with the setback of the building along East Meadow Drive and the structure located in the southwest corner. Staff believed that it may be appropriate to have minimal setback along.East,Meadow Drive for several stories including a roof and then the structure would step back 15 to 20 feet before continuing up. The applicant has worked extensively on the portion of the structure located in the southwest portion of the site. The ridge is now 56 feet above,grade which is six (6) feet taller than the actual height of the One Willow Bridge project from-the grade of East Meadow Drive. The height of 56 feet (actual height above finished grade) has been moved from a 4 foot setback to a 12 foot setback from the property line for a distance of 44 feet along East Meadow Drive. The length of the structure along East Meadow Drive has been reduced from, 52 feet to 44 feet. Staff and Jeff Winston believe that the height of 56 feet over a span of 44 feet is an acceptable design as it creates a "neck down effect" between to more open public spaces, the proposed Crossroads plaza and the Vail Village Inn plaza. To address the concerns of staff and the representatives of Vail Village Inn Phase III the proposal has been revised to remove all above-grade portions of the building located within the setback along the western property line with the exception of the enclosed loading and delivery facility which has access off of the South Frontage Road. The subterranean improvements along the western property line have been pulled back from the property line to be a minimum distance of 10 feet from the property line. The architectural design of the Crossroads development, like its neighbors, is governed by the design guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and by the recommendations Vail Village Master Plan. As such, the architectural design of the proposed development is intended to be compatible with the unique European alpine village character prescribed for Vail Village. The exterior design of the development is a mixture of 20 stone, metal and wood. Many of the finer details have not been resolved in the two presentations made to the Design Review Board. Both Staff and Jeff Winston agree that the applicant has made positive changes to the architecture and believe the overall architecture complies with the Town's guidelines. The concerns of staff and Jeff W inston are the use of large window systems especially in the upper portions of the structure, the appearance of panelized-type materials in some locations on the building, and the emphasis on the vertical verse the horizontal. Staff has addressed this project's conformance with the Urban Design Guidelines in Criteria D of this section. Staff believes the architecture of the structure is beginning to incorporate further "Bavarian" elements so as to fit in more harmoniously with the community. Staff believes that with additional work with the Design Review Board this project can fit into the overall architectural theme of Vail Village. The Vail Village Master Plan addresses the Crossroads development site throughout the Plan. In regard to building height, the Plan includes a conceptual. map identifying potential heights of existing and future structures and states: "The building heights expressed on this Illustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relafive to a building's height impact on the streetscape and relationship fo surrounding structures." The Plan identifies the northern portion of the Crossroads development site along the Frontage Road as being 5 to 6 stories in height and the southern portion as being 3 to 4 stories in height (the Plan identifies a story as being 9 feet in height and the Plan does not include roof structure). A copy of Conceptual Building Height Plan is attached for reference (Attachment E). Since the last hearing with the Planning and' Environmental Commission and the Town Council staff has located the minutes of the adoption of the Liorishead Redevelopment Master Plan in which the PEC had recognized a building story as being considered 11 feet 6 inches plus a roof. Most recently the Tivoli Lodge, identified as being 3 to 4 stories tall in the Plan, established SDD #37 in order to achieve a 56 foot height limitation. Although the Tivoli Lodge is not zoned Commercial Service Center, it is addressed within the Vail Village Master Plan. The Tivoli Lodge contended that the 48 foot limitation did not adequately address current hotel accommodation building trends. A 48 foot height limitation permits 9 foot floor-to-floor sections with an additional 12 feet for sloping roofs as recommended in the various town master plans (9' X 4 floors +12' = 48'). According to the applicants, the proposal has achieved the heights of 99.9 feet at its highest point, down to 66 feet along East Meadow Drive as the floor plates they are proposing are 11 feet 6 inches from floor to floor except on the two retail portions of the building where the floor to floor height is 13 feet and 14 feet. The applicant states that consistent 11 foot 6 inch floor plates are due to the need to provide modern day living demands including air conditioning, 9 foot ceilings and flexibility in unit design. Furthermore, at this site there are the additional issues of I-70 traffic noise and exposure to the sun in this location. Once the units are dry-walled, the ceiling heights in the units will be 9 feet. In addition the applicant has proposed floor plates measuring 14 feet in height for the commercial levels to accommodate the additional height necessary to operate a bowling alley's lane equipment and stadium seated theaters. The height of the floor plates in the residential levels and the added height necessary for the operation of a bowling alley and theaters explain the proposed heights on the building exceeding the recommended heights identified in the Vail Village Master Plan. Staff believes the height of the building in general is appropriate in relation to the uses proposed if the Commission agrees that an 11 21 foot 6 inch floor plate is appropriate for properties located within the scope of the Vail Village Master Plan. Staff has generally accepted an 11 foot floor-to-floor building plate on previous- projects located within the scope of the Vail Village Master Plan such as the Tivoli Lodge and the Manor Vail Lodge (the PEC voted to adopt 11 foot 6 inch floor to floor in Lionshead as a part of the Lionshead Redevelopment Master Plan). In addition, it has been previously determined that a roof structure is at an appropriate size when it is 1.2 feet from eave to ridge, as identified above. This particularproject, according.to the applicant, because of its proximity to the Interstate and large window areas (heat gain) will need to have climate control equipment which the two previous projects did not. If a floor-to-floor plate of 11 feet 6 inches and a 12 foot tall roof structure is acceptable the maximum height of structure, according to the Vail Village Master Plan should be 81 feet (11.5' X 6 stories + 12' = 81 feet) along the northern portion of the site and 58 feet (11.5' X 4 stories + 12' = 58) feet along the southern portion of the site. However, given the width of the proposed building forms and. roof pitches, the proposed building will require more than 12 feet of roof height. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The uses, activities, and densities for the Crossroads development site are prescribed by the underlying zoning. According to the Official Town of Vail Zoning Map,.the underlying zoning for the proposed special development district is Commercial Service Center zone district. The Commercial Service Ceriter zone district encourages the development of commercial facilities serving the Town with limited multiple-family dwellirigs at a density of eighteen (18) dwelling units per acre. However, the Vail Village Master Plan, adopted in 1990, identifies the site as being approximately three quarters medium/high density residential and one quarter mixed use. See attached copy of the Land Use Plan from the Vail Village Master Plan (Attachment F). The proposal is to construct permitted uses such retail shops, restaurants and bars, offices, on-site accessory uses such as the ice skating rink, and conditional uses such as a major arcade, bowling alley, movie theaters, 69 multiple-family dwelling units, and a private parking club. The applicant has requested the appropriate conditional use permits which are addressed in the two memorandums accompanying this memorandum. The applicant has suggested that the proposed bowling alley, 3-screen theater, and sports bar /arcade activity center are public amenities as they bring life and vitality to the Town. In previous memorandums to the Commission, staff identified that the uses will likely fill a niche which is missing in Town. These, amenities, however, are privately owned and operated. The proposed application has two levels of at-grade or above-grade retail surrounding the proposed plaza. Staff has expressed concerns in previous meetings regarding the continuous arc shaped frontage of the retail. Staff's concerns were two-fold; first, does such a design lure visitors and locals to shop in the environment and; second, the geometric properties of an arc will not allow for material changes to the facade's of the individual tenant spaces. In previous meetings the Design Review Board in their meetings had also expressed a concern about the limited ability to individualize a tenant space store front. In response to the concern expressed by staff, the Design Review Board, the Planning and Environmental Commission, and Town Council the applicant has brought additional staff onto their team to address the commercial experience. Since the last meeting the applicant has prepared several drawings which exhibit how the retail storefronts could be 22 individualized. The staff and Jeff Winston believe the changes made by the applicant were a tremendous step in alleviating our concerns regarding the design. However, Staff, Jeff W inston, and the applicant believe that working with the Design Review Board will produce a functional and active design for the retail levels. The above criterion specifically identifies the proposed density of a project as needing to be compatible with surrounding properties. This property is restricted to 18 dwelling units/acre per the underlying zoning. The applicant is proposing a density of 28.4 dwelling units/acre with 199,830 square feet of GRFA. The neighboring property to the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre, which the new development has proposed 8 dwelling units for a density of 2.9 dwelling units/acre with 135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel was substantially accommodation units (123 units) and fractional fee units (14 units) which do not count towards. density. The adjacent property to the west, Vail Village Inn Phase III (SDD #6), is limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance adopting SDD #6 it is not clear the number of dwelling units allowed, however, it identifies a minimum of 148 accommodation units and 64,267 square feet of GRFA shall be located in Phase IV of the project, however the overall project has a much greater density. As can be seen the proposed Crossroads project has a greater density than the constructed or proposed neighboring properties and more GRFA. Staff believes the proposed Crossroads redevelopment complies with this portion of,the criterion as the proposed public benefits outweigh all deviations proposed. Employee Housing Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal for employee housing ~ needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Marriott, Four Seasons, Manor Vail Lodge, and SDD No. 6 -.Vail Village Inn development proposals. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report.provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees (square footage per use) that results from the redevelopment. The figures identified in the report are based on surveys of the commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers to provide housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided •housing, and Whistler requires that 100% (1.00) of the new 23 .employees be provided housing by the developer: In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the densityallowed by the underlying zone district, the 15% (0.15) figure is used. The Crossroads special development district does exceed the density permitted by the underlying zone district in both number ofdwelling-units and GRFA so the 30% ratio was used. Proposed Project Employee Generation Calculations -Middle of Ranqe a) Multi-Family (Dwelling Units) 69 new units proposed @ (0.4/unit) = 27.6 employees b) Retail and Service Commercial 45,804 sq. ft. @ (5.0/1000 sq. ft.) = 229.0 employees c) Bar/RestaurantlArcade/Theater/Bowling 13,000 sq. ft. @ (5.0/1000 sq. ft.) = 65.0 employees 321.6 employees Existing Crossroads Project Employee Generation Calculations -Middle of Ranqe a) Multi-Familiy (Dwelling Units) 22 units existing @ (0.4/unit) b) Retail and Service Commercial 22,116 sq. ft. @ (5.0/1000 sq. ft.) = 8.8 employees = 110.58 employees c) Office: Professional/Other 20,000 sq. ft. @ (5.0/1000 sq. ft:) d) ~ Bar/Restaurant/Night Club/Theater 13,550 sq. ft. @ (5.0/1000 sq. ft.) e) Bank 2,750 sq. ft. @ (2.5/000 sq. ft.) = 1.00.0 employees = 67.75 employees = 6.88 employees f) Grocery 6,240 sq. ft: @ (1.5/1000 sq. ft.) = 9.36 employees 24 303.37 employees 321.6 new employees - 303.37 exisitinq employees 18.23 net new employees x.30 5.47 required # beds According to the calculations above, the applicant must establish 6 new deed-restricted .employee beds ("pillows"). The applicants are proposing to 'provide the required deed- restrictedemployee housing beds off-site through the purchase of units throughout Town or through apay-in-lieu program, if established by the Town prior. to requesting a Temporary Certificate of Occupancy (TCO). The applicant will deed restrict the units under the appropriate deed restrictions depending upon which zone district the property is located within the community under the appropriate review process. In the previous meeting, the Commission asked for greater detail on how a "bed" will be defined in regards to the deed restricting of units. For example if the applicant purchased a structure containing three bedrooms this could potentially count as six employee "beds". As expressed by the Commission a unit as described previously may likely be rented by a family and would still count as six employee beds. Staff recommends that the developer submit to staff, prior to issuance of a TCO or Certificate of Occupancy, the location of the units proposed to be deed restricted. along with the appropriate review application which is applicable or remit payment in funds commensurate with any adopted pay-in-lieu program. Please see the applicant's employee housing unit provision proposal on page 16 of the Crossroads Redevelopment: Applications for Special Development District: Text Amendments, and Conditional Use Permit document dated December 12, 2005, which is attached for reference (Attachment C). Staff believes that the proposal does comply with this portion of the criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated .in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 235 spaces. The applicants are proposing to provide a total of 338 spaces, all of which are to be provided in the proposed underground parking structure. The 103 additional parking spaces proposed to be constructed above and beyond that which is required are proposed to be placed in a private parking club. The proposed subten-anean parking structure permits a public plaza on the surface which contains a proposed ice skating rink. In order to establish a private parking club offering parking spaces, the Town Code requires the review and approval of a conditional use permit by the Commission. The applicant is proposing to establish a 103 stall private parking club. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum accompanying this memorandum. The applicant is proposing to utilize all of the 103 surplus parking spaces in a private parking club in which participants would lease a space or potentially purchase if the applicant chooses to condominiumize the spaces. The applicant desires to maintain ownership of the parking spaces to avoid not having enough parking forthe retail, restaurant, and office uses if the project becomes as successful as anticipated. There is a possibility that as various 25 tenants begin to design and occupy their spaces that additional surplus parking may become available. When calculating the required parking staff and the applicant were conservative in estimating what percentage of retail and restaurant spaces will become areas not assessed parking. An analysis will need to be run as each tenant goes in for building permit and as tenants change out in the future. The applicant can return before the Commission at a later date if additional surplus parking is created based on tenant make-up to amend the conditional use permit. Staff recommends that the developer be permitted to establish a 103 parking space private club. The applicant has proposed a five berth loading and delivery facility which is the maximum .required for this project. The proposed facility will be accessed off of the Frontage Road and made available to neighboring properties as well for their loading and delivery needs. The proposed loading and delivery facility is entirely enclosed and large vehicles can make all turning movements inside the structure. The applicant and the staff agree that the location, configuration, and public use of the loading facility are a public benefit to the Town as it reduces conflicts with pedestrians, reduces impacts due to being enclosed, and its availability to the public for use. Staff recommends that through the Developer Improvement Agreement the developer enter into an agreement with the Town to include the loading and delivery facility in the overall loading.and delivery system for the Town of Vail. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, .Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's .policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 2.2 The ski area owner, the business community and the Town leaders 2s should work together closely to make existing facilities and the Town function more efficiently. 2.3. The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be preserved and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial . areas to accommodate both local and visitor needs. 4.0 Village Core /Lionshead 4.1 Future commercial development should continue to occur primarily in existing commercial 'areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas.is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 27 5.5 -The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan"land use category. Pursuant to the Plan, the "Vail Village Master Plan" land use category description,. "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Village Master Plan study addressed this area specificallyin more detail." Staff believes that the application complies with the goals and objectives identified above. Vail Village Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this application: Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shall be encouraged to provide acfivitygenerators, accessible greenspaces, public plazas, ,and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night: life and evening entertainment for both the guest and the community shall be encouraged. Objecfive 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve.the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of lodging properties. Policy 2.5.2: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromising life, health, and safety considerations. Objective 2.6: Encourage the development of affordable housing units through the efforts of the private sector. 28 Policy 2.6.1: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee .housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the Village. Objective 3: 1: Physically improve the existing pedestrian. ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver. treatments, landscaping,. lighting and seating areas), along adjacent pedesfrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, water features, .and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal #4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.1: Improve existing open space areas and create new plazas with greenspaces and pocket parks. Recognize the different roles of each type pf open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved (or relocated to accessible locations elsewhere in the Village) in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public plazas, and improvement to existing plazas (public art, streetscape features, seating areas, etc.), shall be strongly encouraged to reinforce their roles as attractive people places. Policy 4.1.3: With the exception of ski base-related facilities, existing natural open space areas at the base of Vail 29 Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition of accessible greenspace as described orgraphically shown in the Vail Village Master Plan and/or-Urban Design Guide Plan, will be required in conjunction with private infill or .redevelopment projects. Goal #5: Increase and improve the capacity, of#ciency, and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public~and private parking facilities. Policy 5.1.1: For new development that is located outside the: Commercial Core /Zone District, on-site parking shall be provided (rather than paying into the. parking fund) fo meet any additional parking demand as required by the zoning code. Policy 5.1.2: The expansion of the Vail Village parking structure shall maximize the number of additional parking spaces available for public parking. Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1..4: Continue to promote the lease parking program as a means for maximizing the utilization of private parking spaces. Policy 5.1.5: Redevelopment projects shall be strongly encouraged to provide underground or visually concealed parking. Objective 5.3: Concentrate the majority of interconnecting transit activity at the periphery of fhe. Village to minimize vehicular traffic in pedestrianized areas. Policy 5.3.1: The Vail Transportation Center shall be the primary pick up and drop off point for public transit and private shuttle vans and taxis. Objective 5.4: Improve the streetscape of circulation corridors throughout the Village. Policy 5.4.1: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. 30 Policy 5.4.2: Medians and right-of--ways shall be landscaped. Goal #6: To ensure the continued improvement of the vital operational elements of the Village. Objective 6.1: Provide service and delivery facilities for existing and new development. Objective 6.2: Provide for the safe and efficient functions of fire, police and public utilities within the. context of an aesthetically pleasing resort setting. Policy 6.2.1: Development projects and other improvements in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of the proposal and potential mitigating measures. Policy 6.2.2: Minor improvements (landscaping, decorative paving,' open dining decks, etc.), maybe permitted on Town of Vail land or right-of--way (with review and approval by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i. e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. Staff believes that the application complies with all of the goals, objectives, and policies identified above. Previously staff expressed that the proposal needed to address Objective 2.3. The proposal now includes a total of five (5) lock-off units to increase the likelihood that the project will have a greater occupancy rate. The applicant has submitted a rental program to increase the likelihood of owners placing their units into a rental pool. A copy of the rental program is attached for reference on pages 18-20 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendments, and Conditional Use Permit document dated December 12, 2005 (Attachment C). Staff believes the applicant has made great progress in the architectural design and believes that through the Design Review process the architecture can be resolved. Staff, in previous memorandums, expressed concerns about the scale of the structure and its relationship to neighboring properties. Through the use of the computer model staff believes that the revised proposal will now be at an appropriate scale to neighboring properties, Four Seasons, and Vail Plaza Hotel. While it is true that this proposal will set a new precedence for height (99.9 feet) staff believes that the height and other deviations are offset by the combination of benefits such as the public plaza, streetscape, public restrooms, and incorporation of the loading and delivery facility in the overall loading and delivery system for the Town. Staff under Criterion A addresses the benefits and reasoning behind staffs belief that the new precedence for height has been offset by various elements of the proposal. Town of Vail streetscape Master Plan The Town's streetscape Master Plan does identify East Meadow Drive and Village Center 31 Road within the East Meadow Drive -Willow Bridge Road to Vail Valley Drive portion of the Town of Vail Streetscape Master Plan. The Plan identifies the following problems with the existing conditions within this sub-area: • The need to separate buses from pedestrians, • The need to provide a more comfortable shopping experience; • The need to restrict unnecessary vehicular traffic; • The need to maintain access to existing lodge units; and • The need to screen parking and accommodate.loading and delivery vehicles. The Plan also identifies several key elements, landscaping, and site amenities for the East Meadow Drive -Willow Bridge Road. to Vail Valley Drive sub-area which include: The asphalt road surface would be replaced by concrete unit pavers in most areas where pedestrians share the street with vehicles. In the restricted access zone south of the Village parking structure, the pedestrian path would be paved with concrete unit pavers. However, the bus lane would remain asphalt. Additionally, the Willow Bridge Road street surface, from the north side of Willow Bridge to the intersection of East Meadow Drive, would also remain asphalt. • Replacing the triangular planter at the intersection of East.Meadow Drive and Willow Bridge Road with a larger circular planter that is centered in the intersection. In addition, the intersection will be accented with a special paving treatment and will act as a focal point. • Village Center Road would be narrowed to a minimum width of 28' (curb-to- curb) to discourage unnecessary traffic. Fix to six foot wide concrete sidewalks on each side of the street are planned fo connect East Meadow Drive to the Frontage Road. • The railroad-tie planters along the parking lots for Crossroads and the Sonnenalp-Swiss House should be replaced with at-grade planting beds, similar to the planting beds along the south side of East Meadow Drive near the Vail Village Inn. • Landscaping is needed along Village Center Road, especially near the Frontage Road, so as to further inhibit vehicular traffic into the pedestrianized areas. • Landscaping, benches and a trash receptacle should be placed at the Crossroad's bus stop as shown on the Master Plan graphic. • Expanding the planter on the south side of the intersection of Village Center Road and East Meadow Drive has been suggested. This would provide better definition to the roadway as well as increasing the landscaped area. Staff believes the proposal meets the requirements of the Streetscape Master Plan. Previously staff identified that there was a lack of landscaping within the proposed public plaza to replace the "at-grade planting beds" identified, by the Plan to replace the 32 railroad-tie beds. Staff believes that as the Design Review Board and Staff work with the applicant in the Design Review process that additional landscaping will be added to the plaza as the layout of the plaza becomes. more firm. Staff believes that the proposal complies with the recommendations of the Vail Village Master Plan East Meadow Drive - Willow Bridge Road to Vail Valley Drive sub-area. The proposal currently proposes to construct streetscape improvements on Village Center Road which includes concrete unit pavers, landscaping, and heat tubing which could eventually be connected to the Town of Vail boiler system. The Public Works Department has identified that in their Master Plans it has never been anticipated that Village Center Road would be heated. Therefore, they believe that the installation of heat tubing in Village Center Road should either not occur and therefore be asphalt instead of pavers or the heat tubing should be hooked up to the Crossroads development. The developer has expressed that they do not desire to connect ahy heat tubing under Village Center Road to their boiler system. Town staff would request the Planning and Environmental Commission provide input on whether or not heat tubing should be installed or not and if the Town should Look at the streetscape heating budget and potentially include this area in the heating budget. Vail Village Urban Design Guide Plan and Design Considerations Portions of the Crossroads development site fall within the purview of the Vail Village .Urban Design Guide Plan and Design Considerations 1. URBAN DESIGN CONSIDERATIONS These considerations relate to general, large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas.- These considerations are primarily the purview of the Planning and Environmental Commission. A. PEDESTRIANIZATION A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans, and accompanying Design Considerations, are to reinforce and expand the quality of pedestrian walkways throughout the Village. Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access), a totally care-free pedestrian system is not achievable throughout the entire Village. Therefore, several levels of.pedestrianization have been identified. Staff Response: The Crossroads development site is bordered by East Meadow Drive on the south and Village Center Road to the east, Both East Meadow Drive and Village Center Road are designated as streets intended to accommodate pedestrian and vehicle traffic. East Meadow Drive is also a designated Town of Vail bus route. 33 The applicants are proposing to implement the recommendations of the Town of Vail Streetscape Master Plan. According to the Plan, the Crossroads development site is located in the East Meadow Drive -Willow Bridge Road to Vail Valley Drive Sub Area. The details of the goals in this sub area are identified earlier in this section. The primary goal of the East Meadow Drive -Willow Bridge Road. to Vail Valley Drive Sub Area is to provide an effective and safe pedestrian system, while accommodating vehicle and bicycle traffic. The applicant has proposed to install pavers and heat tubing.in the right-of- way of Village Center Road and East Meadow Drive. The proposed heat tubing could eventually be connected to the Town's boilers in the parking structure or elsewhere in the area. The applicant has proposed the narrowing of Village Center Road as the Streetscape Master Plan identified to discourage vehicular traffic and make the pedestrian more pleasant and safer. In addition, the applicant has proposed a large plaza with an ice skating ring located within it which would be coordinated in design with the intersection of East Meadow Drive and Willow Bridge Road. The proposed plaza would be heated as well and connected to boilers in the Crossroads development. As identified earlier in this section the applicant has proposed a portiori of the building in the southwest corner to be at a 12 foot setback with an actual height of 56 feet. Staff believes this feature will serve an important purpose in the pedestrian feel of the streetscape by providing a "pinch point" between . the proposed plaza and the plaza created by Vail Village Inn and ,the Sonnenalp. Staff believes that the proposed application does comply with this criterion: B. VEHICLE PENETRATION To maximize to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Village/Lionshead Parking Structures. In conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley. Drive will continue to serve as .major routes for service arid resident access to the Village. Road constrictions, traffic circles, signage, and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. Staff Response: The Crossroads development has proposed a 5 berth loading and delivery facility with access from South Frontage Road. The applicant has stated that they are willing to participate in the overall loading and delivery scheme of the Village. All vehicles utilizing the Crossroads development will park in a 34 subterranean structure which has access off of the narrowed Village Center Road. The proposal includes several items which will help make East Meadow Drive and Willow Bridge Road more pedestrian friendly such as paver colors and treatments and narrowed roads. Neither street is intended to be pedestrian-only. Staff believes that the proposed application complies with this criterion. C. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: 1. Open space and landscaping, berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park greenspaces as open nodes and focal points along those routes. 2. Infill commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to give streetlife and visual interest, as attractions at key locations along pedestrian routes. It is not intended to enclose all Village streets with buildings as in the core areas. Nor is it desirable to leave pedestrian streets in the open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both built and landscaped, which create a strong framework for pedestrian walks, as well as visual interest and activity. Staff Response: The applicants are proposing to improve and enhance the streetscape framework along Village Center Road and East Meadow Drive. To this end; a plan has been proposed that incorporates narrowed streets, pavers with differing colors and .patterns and a large plaza within the proposed development. Staff believes the proposed plaza could be very positive for the community. Since, the January 18, 2005, Town Council meeting the proposal for the public plaza has been improved greatly. The incorporation of additional plating beds and other features within the plaza have been provided to address the items identified in the criterion above. The applicant as also proposed to install heated sidewalks along the perimeter of the site. Staff believes that the proposed application complies with this criterion. D. STREET ENCLOSURE While building facade heights should not be uniform from building to building, they should provide a "comfortable" enclosure for the street. Pedestrian streets are outdoor rooms, whose walls are formed by the buildings. The shape and feel of these "rooms" are created by the variety of heights and massing (3-dimensional variations), which give much of the visual interest and pedestrian scale unique to Vail. Very general rules, about the perception of exterior spaces have been developed by designers, based 35 on the characteristics of human vision. They suggest that: "an external enclosure is most comfortable when its walls are approximately 1 /2 as high as the width of the space enclosed; if the ratio falls to 1/4 or less, the space seems unenclosed; and if the height is greater than the width it comes to resemble a canyon". • In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus,- some latitude is appropriate in the application of this 1/2 to 1 ratio. Usirig the average facade height on both sides will generally still be a guide to the comfortableness of the enclosure being created. In some instances, the "canyon" effect is acceptable and even desirable. For example, as a ,short connecting linkage between larger spaces, to give variety to the ~ walking experience. For sun/shade reasons it is often advantageous to orient any longer segments in anorth/south direction. Long canyon streets in ari east/west direction should generally be discouraged. When exceptions to the general height criteria occur, special consideration should begiven tocreate awell-defined ground floor pedestrian emphasis to. overcome the "canyon" effect. ~ J " Canopies, awnings, arcades and building extensions can all create a pedestrian focus and divert attention from the upper building heights and "canyon" effect. Staff Response: ..The configuration of the Crossroads development site and the desire to create a large plaza in the interior largely dictates the orientation of the building and the impacts that result regarding street enclosure. The two street facades, of the building are articulated and varied, horizontally and vertically, along the .lengths of the building. The applicant has chosen to utilize an 11foot 6 inch floor plate which has the net effect of this building being taller. Staff and the applicant have worked together to address the relationship of this proposal to neighboring •properties. Compatibility with adjacent buildings has been accomplished by reducing the pitch of the roof, removing a floor in the building in several locations, changes to the northeast and northwest corners of the building, and the addition of roof features along the western facade. Staff believes that the application complies with this criterion. E. "STREET EDGE Buildings in the Village core should form a strong but irregular edge to the street. Unlike many American towns, there are no standard setback requirements for buildings in Vail Village. Consistent with the desire for intimate pedestrian scale, placement of portions of a building at or near the property line is 36 allowed and encouraged to give strong definition to the pedestrian streets. This is not to imply continuous building frontage along the property line. A strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscaped areas, give the life to the street and visual interest for pedestrian travel. Where buildings jog to create activity pockets, otherelements can be used to continue the street edge: low planter walls, tree planting, raised sidewalks, texture changes in ground surface, arcades, raised decks. Plazas, patios, and green areas are important focal points for gathering, resting, orienting and should be distributed throughout the Village with due consideration to spacing, sun access, opportunities for views and pedestrian activity. Staff Response: The Crossroads proposal, as stated previously, includes a large plaza which opens up the pedestrian area at the intersection of Willow Bridge Road and East Meadow Drive. It has been stated by the applicant that it is the intention to make the plaza available to the public and Town for events such as "Street Beat" concerts. Staff believes that the plaza is a great idea. However, staff would like to see a public easement recorded for the space and agreements on the Town's rights to schedule events in the space. The proposed plaza would compliment the eventual construction of.the public venue space associated with. the construction of the Vail's Front Door project. Staff believes the proposal substantially complies with this criterion. However, details of the public easement need to be clarified.- F. BUILDING HEIGHT Vail Village is perceived as a mix of two and three story facades, although .there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. Staff Response: The applicant is proposing to construct an eight story structure (six stories of residential on top of and set back from the base two stories of commercial). Staff believes that the building has been revised to better compliment neighboring properties as identified in previous portions of this memorandum. As stated earlier in the memorandum, the applicant is proposing to utilize an 11 foot 6 inch floor plates in place of the established 11 foot floor plate. If the Commission agrees with the applicant's reasons for the need of an 11 foot 6 inch floor plate it will become the new standard and staff believes that the application will comply with this criterion. 37 G. VIEWS AND FOCAL POINTS Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks. and other natural features are reminders to our visitors of the mountain environment and, by. repeated visibility, are orientation reference points. Certain building features also provide important orientation references and, visual focal points. The most significant view corridors in the Village have been adopted as part of Chapter 18.73 of the Vail Municipal Code.- The view corridors adopted should not be considered exhausted. When evaluating a development proposal, priority should be given to an analysis of the impacted project on public views.' Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in Vail Village shall not encroach into any adopted view corridor, unless approved under Chapter 18.73. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from public ways and public spaces must be identified and considered where appropriate. Staff Response: The Crossroads development site is not located within any of the Town of .Vail adopted view corridors. The projects location adjacent to the South Frontage Road lends the .project to potentially affecting only the views of residential unit owners in Phase III of the Vail Village Inn towards the Gore Range; not an adopted view corridor. It is important to note, however, that many of the units in Phase III of the Vail Village Inn currently do not have views of the Gore Range except for potentially the top 'two floors. The primary views of both the Crossroads development site and Vail Village Inn Phase III is to the south towards Vail Mountain. Staff believes that the application complies with this criterion. H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the Village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional alternatives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. Below grade delivery- corridors are found in a few buildings in Vail Village (Sitzmark/Gore Creek Plaza, Village Center, Vail Village Inn). Consideration 38 should be given to extending these corridors, where feasible, and the creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. Staff Response: The applicant has designed a service and delivery system which will avoid and reduce the negative impacts on the pedestrian ways adjacent to the lodge. As.stated previously the applicant has proposed an enclosed 5-bay loading and delivery system which has access off of the South Frontage Road. The proposed design allows for neighboring properties to utilize the facility and eliminates truck traffic on .Village Center Road and on East Meadow Drive. The applicant shall be required to participate in the overall loading and delivery plan for Vail Village in a similar fashion as the Willow Bridge project and the Vail's Front Door project. Staff believes that the application complies with this criterion. SUN/SHADE Due to Vail's alpine climate, sun is an important comfort factor, especially in winter, fall and spring. Shade areas have ambient temperatures substantially below those of adjacent direct sunlight areas. On all but the warmest of summer days, shade can easily lower temperatures below comfortable levels and thereby, negatively impact use of those areas. All new or expanded buildings should not substantially increase the spring and fall shadow line (March 21 -September 23) on adjacent properties or the public right-of-way. In all building construction, shade shall be considered in massing and overall height consideration. Notwithstanding, sun/shade considerations are not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criterion. Staff Response: The proposal does shade the South Frontage Road to a great extent and for short periods of the late morning it shades Vail Village Inn Phase I II. In order to eliminate the shading of Vail Village Inn Phase III the projectwould have to be pulled much further back from the property line than even just the setback. Staff believes that the extent of the shading and the duration of shade on Vail Village Inn Phase III is minimal and acceptable. A copy of the sun/shade study has been attached for reference (Attachment B). Staff believes that the application complies with this criterion. As previously discussed in this section of the memorandum, staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 39 According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development site is not located in any geologically sensitive areas. .Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed site plan shows the building encroaching into the setbacks surrounding the property. The applicant states that the primary reason for this is the proposed creation of a large plaza which will have an ice skating rink during the winter and a pop jet water feature in the summer. Staff previously expressed concerns regarding the "forward looking expression of European alpine heritage and more contemporary forms" (taken from the applicant's proposal document) and how it would compliment the character of the Village. Staff and the applicant have worked together on the architecture of the building and agree that the overall architecture of the building is compatible and consistent with existing buildings in the area, the potential future redevelopment of structures in the area, and the Town's design guidelines. Staff and the applicant agree that any remaining details of the architecture will be worked out with the Design Review Board in the review of the project upon approval of the Town.Council. As discussed previously the applicant has proposed an ice skating rink/pop jetwaterfeature within the proposed plaza. Staff agrees that there is public benefit to this proposed -use. -However, staff believes that in order for the plaza to achieve the maximum value as a public benefit and to offset the deviations proposed staff .believes that a pedestrian access easement and usage agreement should tie entered into with the developer. The easement and agreements would establish rights for the Town to coordinate potential events on the public plaza. In the absence of such an agreement, the public plaza does not have value as a public benefit. Staff recommends that the Commission requires a condition that would establish an agreement between the Town and Developer regarding the proposed public plaza. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Town of Vail Public Works Department has reviewed the proposed plans for circulation to ensure that it is designed well for both vehicles and pedestrians on and off the site. Following the review of the plans, the Public Works Department forwarded theirwritten final comments in a memorandum, dated January 16, 2006: Many of the final comments are time sensitive actions that can only be accomplished at a later date or are only necessary to address if the applicants receive approval of this request. To require full compliance at this time would thus be inappropriate. A copy of the memorandum with the final written comments from the Public Works Department has been attached for reference (Attachment G). The traffic report submitted by the applicant depicts overall intersection levels for existing and future service being maintained at a Level Of Service (LOS) A. However, the Village Center Road northbound left turn movement is a LOS of C and with the development of this project this movements delay increases by approximately 15% but the LOS remains of a 40 level of C. The overall impact on Village Center Road's north bound left turn lane is a queue increase of 15 feet in length to 40 feet in length. Staff believes that it will be imperative to assess the applicant a fee of $5,000 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 68 PM Peak Hour trips for the Crossroads project. At $5,000 per net trip this results in an impact fee of $340,000. This impact fee shall not be offset by any public improvements. The impact fee shall be submitted to the Town of Vail to be used specifically for traffic improvements as deemed necessary by the Town of Vail. To address the concerns of circulation of pedestrians~and vehicles and the conflicts that are present between the two, the applicant has proposed improvements to Village Center Road and East Meadow Drive which make the area feel more pedestrian oriented and restricts errant vehicular traffic from finding its way into the pedestrian area by narrowing the roads. The proposal will also improve loading and delivery traffic in the area. The proposal also includes a fully enclosed 5 berth loading and delivery facility with access off of the Frontage Road. Currently, there is a fairly high volume of loading and delivery vehicles on Village Center Road and East Meadow Drive. The applicant has expressed that they are willing to be a member of the overall loading and delivery system which currently has participation from the eventual Vail's Front Door facility and the One Willow Bridge project facility. Staff recommends that through a developer improvement agreement that the 5 berth loading and delivery facility is made available for inclusion in the overall Town of Vail loading and delivery system which may include the establishment of an easement. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant has proposed a large plaza along East Meadow Drive which contains an ice skating rink in the winter and a pop jet water feature in the warmer months. The proposed plaza has been reworked to include greater landscaping than in previous submittals. The planter bed locations and the landscaping to be planted in each will be carefully selected in order for the retail to be as visible as possible. The applicant's proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Since the Commission last saw the applicant's proposal focus has been placed upon the landscaping plan and incorporating the appropriate scale of landscaping upon the plan. The. current landscaping plan includes a variety of plants. In order to mitigate the proposed height of the structure the plan includes numerous evergreen trees ranging from heights of 20 feet to 40 feet. Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. 41 IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council of the development application to establish Special Development District No. 39, Crossroads, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request; staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to establish Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 72-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse. effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. Wifh regards to proposed building setbacks, that: a. Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide Plan and Design Considerations. c. Proposed building setbacks will provide adequate availability of light, air and open space. d.. Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. e. Proposed building setbacks will result in creative design solutions orotherpublic benefits that could not otherwise be achieved by conformance with prescribed sefback standards. With regards to proposed building height, that: a. Proposed building heights comply with applicable elements of the Vail Village Master Plan. b. Proposed building height will adequately preserve views of the Gore Range from East Meadow Drive. c. Proposed building height will provide a compatible relationship with buildings and uses on adjacent properties. d. Proposed building height will result in creative design solutions or other public benelrts that could not otherwise be achieved by conformance with prescribed height standards. e. Proposed building height of 99.9 feet, was mitigated by the proposed public 42 benefits, of which the provision of a public plaza on the site per the Town's Master Plans was the most offsetting element. That the proposed gross residential floor area of 173.6% of lot area, additional twenty- two.dwelling units over allowable (at 26.1 units per acre total) and site coverage of 107, 772 square feet (93.6%) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan:" That the submitted Environmental Impact Report for the Crossroads Redevelopment dated December 2005 addresses all aspects of potential concern. Should the Planning and Environmental Commission choose to recommend approval the applicant's requests, staff recommends the following conditions: ~. The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. 2. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall~section, architectural specifications; and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 43 3. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 4. The Developer shall receive all the required permits from the Colorado Department of Transportation (CQOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 5. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department; dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this . project. 6. The Developer shall submit a written letter agreeing to install a .public safety radio ,communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. The Developer shall address the following conditions of approval prior to requesting a . temporary certificate of occupancy or a final certificate of occupancy; The Developer shall be assessed a traffic impact fee of $5,000 per net trip-increase in p.m. traffic, or $340,000. This- impact fee shall not be offset by any public improvements. 2. .The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements: The bond shall be in place with the Town prior to .the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 3. The Developer shall commence .initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the .procedures outlined in Section 12-9A-4, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of six (6) beds generated by the redevelopment of Crossroads, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a Temporary Certificate of Occupancy for the Crossroads project. The 44 required Type II or III deed-restricted employee housing units will be regulated by the Town of Vail Employee Housing requirements (Chapter 12-13). The applicant shall purchase and deed restrict the employee housing beds prior to requesting a temporary certificate of occupancy. The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or II I units depending on the zone district in which they are located and by the appropriate review process. The developer shall have the right to participate in any pay-in-lieu program, if one is established by the Town, if he/she so chooses. Participation in a pay-in-lieu program shall occur prior to requesting a temporary certificate of occupancy. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space maybe utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. X. ATTACHMENTS A. Vicinity Map B. Reduce plans of the proposal dated December 12, 2005 C. Crossroads Redevelopment: Applications for Special Development District, Text Amendments, and Conditional Use Permit Dated December 12, 2005 D. Environmental Impact Report for Crossroads Redevelopment: Special Development District and Conditional Use Permit Applications dated December 2005 E. Vail Village Master Plan: Conceptual Building Height Plan F. -Vail Village Master Plan: Land Use Plan G. Public Works memo dated January 16, 2006 H. Public Notification _ I. Letters from Public 45 _.. r~~`~. ~~~t Crossroads Proposed New ~peceal Development Di trct #39, ":, :;-, i ,; '~~-~' r`~~ ~~- Text Amendment and. Conditional Use Fermi Reryuests ~' '~ ~ ` yz ~~ Plannin and _Environmental Commission - Janua ~ 23, 2006 - , ' ~~~- ~, .. .- - _ __ ,, .. _. _ , - ~~~ ~l ~" ,~-"~ ~ ~ t,t,.' ~ ate, . -r a - :_ _ _ T~ }` tt' l u, ,~L ~~^~3~ ~ Imo. Y «lti` ~ ~ __ `I~ :~ A,It. -~.. :` -. - _ _{ ~ 3v4 t r §~,,~~''i k~~.r 1!~ q`r ~,~ ;r'.,.:4 ~,~" > t ~ 3 -~~ Li ~- ~ I' 4 `~~~~ 1~ ~ ~ '~ ,. 'may ~-u-,~ „'tom.. ^/R~~~3~~ ~„ ~ ~ ~'f r ~~r n :~, « ;c ~,. r y _ -- 7 ~ '~~ i Q U t~ - ~i. ~ 1 ~~~J h~Ci'r J ~.;~ *~'~ .fir ~I.~ -~' { `-`-'Y ~ r~.1 I~t~~i`~`~~-~---~ r '' f .i..-v1 ~ ~ r ~ E ~, t s i ~t lr 7( ..s f" °'c--'i.k~._,~- k c~,..ry~ ~ r 4 1 t 7.. . l fit'\'~ ~ / _ ~ (SI71 a. i _ ~ n~~f ' ~ `-...~b ~-k '.~., - a - '. ..; {~ ,~- ,~ T`' ate' --i r `~ f ~" R ~: .: ~1 ~~.t -'~ ~.T - ix ! 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The Town df Vail Aces not warcam the accuracy of the In(ortnadon contained hereto. . ~ (parcel line work Is aPProxlmate) ert m -~-~` _ '~... _.. ~ . = ... _ --__ ifo~~ Safe ~_.. ~ _- s„ - - _ .~ - -- -- _ .. ~ ~~ ~~m'-'.~'~.~~~~~ f I'ilir ~ it .~ ~ ~ ,•~'~ ~ - ''•. ~; k .. ~ .. ~; /. ~ i ~~ ---- ~- _ .~ ~ -- / ~~ J"~ 'r ~;~a, ,,: _`~ ~ ~ =-~'~~ /CONCEPTUAL -' BUILDING •~\~=- ,. \„~~~~'~_ ~~!".~>~- HEIGHT PLAN -~~ ~~ -~- LEGEND r i~ ~_= r '"J 3 ~ 4 MA%IMUM RANGE OF GUIDING HEIGHT IN STORIES A~Gtlldlr~ slay Is dellned as 8 feel al heiphl wy Ino root ucLdadl. E.sct height realrklkna ~,a ~ wI0 ha determined ny eaYng. Vaned raol helghu ~ ~1~ wllhin range speeilled V daefra0 la each huildinp ~~' DENOTES E%ISTWG OR APPROVED BUILDINGS WNICH e. .... DO NOT CONFORM TD THE CONCEPTUAL GUIDING HEIGHT PLAN SNAUNG DENOTES AREAS OF SIMLAR HETGHT ~. D n D -~ --` \`__ }, " i kn, >v •• ~1lJ c LEGEND ® MIXED USE MED0.1M/WGA1 DENSTY RESIDENTIAL LOW DENSITY RESIDENTIAL _ _ ~~ ..:::::::::::::::: fy ...................... - - _ _ fo _ . \ ~`~ ~ - _ _ cr ~ ~~ B16Y nn T _~ I~ ~ ~. ~ ~' M GI1~ ``~~ /. _ ir( r t ~ k ~`~~ ~I_ ~-~ - ~,_ Syr , ~1`~ ,~-.~ig~~' ~~i _ -~ ~ i ~. •~ ~ _ - -- I~ ```~` '-J J ail \-.I ~~ -- - ~~ ~.- ~ ~ ~- ~,. _ ---____________ , , .,~~-~- 4 ~~~.> ~•~-~ LAND USE PLAN a PUBLIC PACdITY /PAflKINLi ~y ~ ~•~~' ~` ~ ~ . ;Tt ~~ SKI BASE 1 RECREATgN ... _'. ~ . MEMO To: .Warren Campbell., Senior Planner From: Tom Kassmel, Town Engineer Re: Crossroads Redevelopment-Public Works Comments Date: 01-16-06 After a review of the submittal of the Crossroad redevelopment plans, the Public Works Departments finds the following issues that will need to be addressed prior to final approval. The following outlines comments that will need to be conditions of approval of PEC. Public Works conditions of approval: 1. Final Civil Engineering drawings and Final Drainage Report must be approved prior to Building permit submittal and meet all Town codes and standards. An .additional 2 to 6 month review and comment period will be required for this submittal. 2. The access off the S. Frontage Rd. is key to this development. A C-DOT access permit shall be approved by CDOT prior to Building permit submittal and shall be a condition of PEC approval. If changes to the PEC approved plans are required by C-DOT to facilitate an Access Permit the applicant will be required to return for an amendment to the PEC approved plans. 3. Prior to submittal. of building permit CDOT shall have approved the construction drawings for the S. Frontage Rd. 4. Village Center Road shall be graded with a normal crown. 5. The plaza grading shall match the proposed East Meadow streetscape plans grading currently be designed by the Town of Vail. This may require an elevation change of the plaza. Please coordinate with the Town of Vail. 6. The alignment of East Meadow drive may be required to shift to the north at the intersection of Village Center Rd. as a result of improvements being proposed by Village Center. Please coordinate with Village Center and Town of Vail. 7. Applicant shall be responsible for the complete design and construction of the roadway improvements as shown on the Crossroads Public Improvements plan dated 12/12/05 and also the complete design of the remainder of Willow Bridge Rd. going south to the International Bridge, excluding but matching those improvements being designed and constructed by One Willow Place Road. This includes streetscape, heated sidewalk and streets, landscape, planters, lighting, .irrigation, signage, and storm drainge improvements on Village Center Rd., East Meadow Drive, Willow Bridge Rd., and the South Frontage Rd. 8. The heated streetscape proposed within the public ROW shall be constructed, operated, and maintained by Crossroads as .delineated in the plan dated December 12, 2005. The heated improvements proposed to be constructed on Village Center Rd. will be a benefit to the snow maintenance of Village Center Rd., however currently it is not within the Town's plan to pay for the construction of a boiler Attachment: G plant of this area nor is it within the.Town's plan to pay for its operation and maintenance. This will require further commitment from.the Town once these improvements are constructed. If the Town does not commit to paying for the said improvements or operations, it may be beneficial to leave this street as .asphalt pavement. Non-heated brick pavers on this stretch of steep roadway will be required to be plowed regularly and will cause significant damage to the pavers. 9. All private improvements within the public ROW, including any temporary _. shoring that is to remain,in place, will require a Revocable ROW permit., 10. All shoring walls shall remain within the private property limits. 11. The proposed drainage system along the 5. Frontage Rd. shall be coordinated with . Vail Plaza Hotel and tied into the Vail Plaza hotel proposed storm sewer system. 12. All grading and drainage for parking structure is required to be shown. Provide a . sand/oil separator. 13. A Traffic impact fee of $5000 per additional pm peak trip generation (68 trips @ $5000 = $340,000) shall be assessed to the developer and held by the Town of Vail to implement a future traffic solution east of crossroads that facilitates traffic and U-turn movements. 14. All necessary easements, agreements, bonds, and permits must be in place prior to building permit submittal. (i.e. construction easements on adjacent properties, utility easements, pedestrian easements, drainage easements, access easements, revocable ROW permit, ROW permit, etc:..) 15. An excavation shoring plan shall be required to be approved prior to Building permit submittal. This shall include cross sections, profiles; and plans showing all conflicts and nail locations. It should be noted that any encroachment into CDOT ROW (i.e. shoring) will require their approval and may include, a lease .agreement, permit etc.. . 16. The developer shall be responsible to construct all necessary storm water improvements in order to convey all contributing on-site and adjacent off-site drainage to gore creek. ' 17. The open plaza should be dedicated, similar to the Lionshead Core Site Pedestriari Plaza as a public access easement. 18. The developer shall incorporate Art in Public. Places and coordinate with AIPP for implementation. 19. The loading and delivery facility shall be made available to provide capacity, to other sites. This will require easy access from the delivery facility, down a service elevator, then direct access to the plaza level, an easement for this access will be required. 20. A stormwater discharge permit and erosion control plan will be required prior to .building permit approval. 21. An approved staging plan, phasing plan, and construction schedule shall be required prior to Building Permit approval.. ~/, ;~ THIS ITEM MAY AFFECT YOUR PROPERTY ~~~~~~+ PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on January 9, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance from Section 12-6D-6, Setbacks,' Vail.Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for a deck and patio within the side and rear setback, located at 324 Beaver Dam'Road%Lot 19, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092) Applicant: Peter Kalkus Planner:. Bill Gibson (. ~:: An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail Town Code, for clarifications to the provisions of Chapter 12-15, Gross Residential Floor Area, Vail Town Code, and setting forth details in regard thereto. Applicant: .Town of Vail Planner: Bill. Gibson A request for a recommendation to the Vaif Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special ,Development ~~~ ~ c District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use (~'~~ development; located at 141. and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing ~ 1, and setting forth details in regard thereto. (PEC05-0093) ~ Applicant: Crossroads East One, .LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses, Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges;. a private club (parking club); a bowling alley; and the outdoor operation of an accessory uses (ice skating rink) located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto,. (PEC05-0094) Applican#: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to allow for a bowling alley as a conditional use in the Commercial Service Center zone ~':,,:`~~~~` district; located. at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented ,,_~ ~ by Mauriello Planning Group, LLC Planner: Warren Campbell Attachment: H VAIL VILLAGE I~[OIYIEOWNERS ASSOCIATION, -INC.- . President -Alan Kosloff ,Secretary -Ellie Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont Directors - Judith Berkowitz - Dolph ;Bridgewater - Richard Conn - .Bob Galvin - Ron Langley - Bill Morton - Trygve Myhren - Eugene Mercy - Gretta Parks To: Mayor Rod Slifer and Town Council Design Review Board, Planning and Environmental Commission. From: Jim Lamont Date: August 1, 2005, Resubmitted Unaltered January 19, 2006. RE: Crossroads Special Development District Application -The Vail Village Homeowners Association Board of Director considered, at their July 27, 2005 meeting, the major points of compromise concerning the proposed Crossroads at Vail Special Development District. The proposed compromises and conditions of support are articulated in the Association's June 21, 2005 memorandum to the Vail Town Council. It is recommended, liven the magnitude of the Association's concerns, the Crossroads proposal should not receive final approval. until the principle points of compromise are agreed upon The following addresses the Association's concerns as well as other matters that have a relationship to the principle points of compromise. 1: South Frontage Road: The reported "C to C minus" capacity rating for the intersection of the Crossroads Chute and South Frontage Road maybe appropriate for today's circumstances, but unable to manage projected and unforeseen future growth. We should strive at this time to attain an A or B rating as the South Frontage Road is and will remain, well into the future, the most important local transportation comdor in the community. Consigning merging automobile and truck traffic to hazardously darting across higher speed lanes or to make illegal turning maneuvers to reverse the direction of travel is imprudent or misguided, particularly, when other safer roadway configurations . are readily applicable. A planning commissioner, during the PEC public hearing, recommended the proposed Crossroads roundabout, his proposal received no objection from the Planning Commission. However, the Town Staff did not include his recommendation as a recommendation to the Town Council from the Planning Commission: A proposal by the developer to pledge $250,000 towards the Crossroads/South Frontage Road roundabout was determined to be disingenuous. It was reported that the Town of Vail would receive the funds, but do nothing to fully fund and execute the roundabout project. In the end, the pledged , funds would be returned to the developer: It should be a priority of the Town of Vail that each intersection along the South Frontage Road from Ford Park to Cascade Village (resort Town Center) meets the highest standards of traffic circulation and safety. Projects that do not contribute their "fair share" to upgrade the South Frontage Road should not be approved. New private development and the Town of Vail should be responsible for providing funds to upgrade all intersections to the highest capacity aizd safety standards practical so as to provide for future growth, anticipated and otherwise. ,Subsequent to Crossroads, there is no further proposed private development to provide funds to upgrade the South Frontage Road intersection adjacent to the proposed project. Attachment: f The Homeowners Association has requested for several years; that a master plan be completed for the upgrading of the South Frontage Road through the resort town center. As well, we have consistently raised the issues of circulation, parking, safety, and beautification. Conflicting opinions ~ •: and agendas, from public officials and otherwise, have resulted in the piecemeal documentation of . traffic demands and the design.oftraffic engineering solutions to the detriment of the public interest and safety. . This issue is of such importance to the Association's constituencies that we are consulting with an independent traffic engineering consulting firm to evaluate engineering solutions and related issues . as a means to insure the objectivity and accountability of all interested parties. See Attachment One . for Questions and issues forwarded to the independent consulting firm with respect to the Crossroads proposal. ~ . 2. Public Benefits: The major provisions of the Developer Improvement Agreement (DIA) are generous to a fault in favor of the developer (see attached .pdf file). It is impossible to identify any "exaction", in exchange for deviation in the zoning standards, which in the long-term are public benefits. Rather, there is the appearance that the DIA confers a grant of special privilege. The lack of assertiveness and consistency of standards applied by public officials to the negotiations, set precedence that potentially incurs the enmity and future resistance of those who .have more onerous public benefit "exactions" required of their projects. a. Facilities and Improvements: i. Nearly all facilities and improvements designated as public benefits have dubious caveats attached, which exempt or release the developer from compliance after 15 years or if special circumstances occur.. ~ ii. The developer is proposing to use his private art collection and other private commercial enterprises (movie theater and bowling alley) to increase density and height beyond those recommended by the Vail Village Master Plan. iii.. All facilities and improvements specified as public benefits should be owned and controlled by the Town of Vail in perpetuity: b. Special Events: i. The DIA contracts away the rights of future Crossroads residential property owners to voice concerns and participate in the overseeing of special events held in the proposed central plaza. ii. Future Crossroads property owners should share the same rights and responsibilities to voice concerns and participate in the overseeing of the conduct of special.events, as do all other adjacent property owners and members of the . community. c. Public Plaza: i. The Vail Village Master Plan implies that a public plaza should be incorporated in the redevelopment of the site in exchange for the allowance of a 5-6-story structure to be located along the South Frontage Road. The quid pro quo exchange allows for all open space, setback, and landscaping requirements to be attained within the established zone district. ii. Previously, approved setbacks and other variances were an acknowledgment of existing site conditions and were not to be used as precedence for the future .redevelopment of the site. It was intended the future development would conform to the guidance of the master.plan and established zoning standards. .~ iii. The public benefit value of the Public Plaza has already been offset by an increase in height to 5-6 stories over that required in the established zone district: Height :..was calculated based upon the average grade of the existing improvements, not from a wholly arbitrary and speculative "historic grade.". iv. Landscaping requirements anticipate that trees and other landscaping improvements will "soften" the urban appearance of buildings and public spaces by integrating manmade improvements with the surrounding natural landscape. Massing of trees should be integrated into the Public Plaza.and required setbacks. d: Lodging and Affordable housing: i. The Town of Vail redevelopment policies contain incentives for increasing the amount of lodging (accommodation units) and affordable housing. ii. .The developer has the right to amend the zone district for the site to permit lodging and affordable .housing. . -iii. The developer is proposing using existing affordable housing units purchased in the community to fulfill his affordable housing requirement, as a consequence a riet increase in new affordable housing units will not be forthcoming. The developer's actions are removing non-deed restricted (non-government controlled) housing units from the affordable housing market.. iv. The providing on-site of accommodation units and affordable housing, as has been required of other similar developments, must be a prerequisite to increasing . the height and density beyond that- recommended in the. Vail Village Master Plan. Any increase in height must occur for that portion of the building located along the South Frontage Road. e. Building Height and Setbacks Relative to Adjacent Properties: i. The developer in using the adjacent property of One Willow Bridge Road and the expansion of the Sonnenalp Bavaria Haus as the comparison to justify the: Crossroads building height and setbacks along Meadow Drive. Other adjacent property owners are objecting to the proposed height and setbacks in this, area. ii. The developer fails to note that the One Willow Bridge Road and Sonnenalp Bavaria Haus expansion, he points to as precedence for his proposed height deviation along Meadow Drive, throughout the entire site conforms to the height limitation for the zone district (PA) in which they are located. iii. The Crossroads proposal as modified still remains out-of--scale with its adjacent property owners acid should be further reduced in height, and setbacks increased, so that trees and other required landscaping can be incorporated onto the site. 3, Exparte Contact: The principle of exparte contact seeks to insure that ,elected officials do not `~ . foreclose any legitimate consideration presented by the developer, adjacent property owners, interested parties, and the general public. Any contact either prior to or after the filing of an application that causes an elected official to foreclose legitimate consideration, is a violation of '~ the exparte principle and subject the elected officials to recusal, litigation, and other financial penalties. a. There appears to be evidence that the developer made improper exparte contact in that certain elected and appointed officials refuse to acknowledge the legitimacy of the developer's ability to file for zoning amendments to provide for lodging and affordable housing on the Crossroads site. They cite that lodging and affordable housing was not allowed on the site previously and therefore cannot be considered. They can provide no other justification for allowing the proposed building to be equal to or greater than those projects that were recently approved with lodging anal affordable housing included in the development plan. ii. Such a position is counter to the rezoning process and favors the developer interests to those of goals and precedents established by the Town Council for the redevelopment of the resort town center of the Vail community. 4. Public Hearing: The enforcement by the Town Council of an arbitrary 3-minute speaking rule for all participants other than the developer and Town staff, creates circumstances that encourage.. exparte contact and deprives adjacent property owners. and interested parties of due process.. ~., a. The limitation.creates preferential treatment for the developer and Town Staff while 'depriving adjacent property owners, interest parties, and the Town Council for giving full and open consideration to issues and concerns. b. The developer and Town Staff may have their own agendas, which are not_necessarily founded in policies approved and condoned by the Town Council and the community at ~ large. c. It is the purpose of the principle of public hearing and participation to bring to light all matters relevant to the .public interest. Few issues or matters lie outside the public interest and right to know. Any effort to thwart, suppress, or intimidate the public's rights to know and be heard is an abridgment of their. constitutional and legal privileges. 5. Multi-Party Negotiations and Discussions: The Association has sought to create opportunities whereby the developer, adjacent property owners and interested parties, such as itself, can discuss and negotiate unresolved issues and points of compromise in a circlunstance free of intimidation and hostility from any participant. The Association to this end requested the Town of Vail to host an on the record discussion and negotiations among the affected and interest parties, including the developer. To date from among the interested party, including the developer, other than the Association, none has sought to convene amulti-party discussion or negotiation session. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 .Voice Mail/FAX: (970) 827-5856 e-mail: vvhana,vail.net web site: www.vailhomeowners.com ' VVHA Attachment One WHA/TOV Correspondence 8/1/05• 1. Will the proposed roundabout (or a variant thereof) proposed at the Crossroads/South Frontage Road intersection adversely affect the flow of traffic between the. Vail Village parking structure and the Main Vail roundabout? 2. According to the Town staff the' Crossroad/South Frontage Road intersection, taking into account the proposed Crossroad development, will cause it to be rate as C .or C minus. Will the proposed Crossroads roundabout improve its rating or not? 3. Will the proposed Crossroad/South Frontage Road roundabout allow for truck traffic to more easily and safely enter from the Crossroad Chute on to the South Frontage Road going either, direction? 4: Are adjacent driveway accesses and turning for buses entering the Vail Transportation Center going to be adversely affected by the proposed Crossroads/South Frontage Road roundabout? If so, how can the problem to solved? What would be an appropriate alternative design or location for the roundabout? Would buses entering the South Frontage Road from the Transportation c~riter, crossing the eastbound land, to go west towards the Main Vail Roundabout be adversely affected by the proposed roundabout? 5. Will the proposed Crossroad/South Frontage Road allow all traffic including trucks to more easily and safely "reverse flow" when coming to or from the Mail Vail roundabout, VVI, and proposed .Crossroad loading and delivery structure. Is this solution safer than the "pork chop" center island . design, which is currently proposed. for the VVI and Crossroads? Would the same logic apply, if a similar roundabout were built near the Evergreen Lodge? 6. If in the future two new roundabout were built, one at Ford Park, another in West Lionshead (or a Cascade Village, would "interim" roundabouts at Crossroads and Evergreen/Municipal Complex become redundant, a hindrance; or an attribute to the flow of traffic along.this section of the South Frontage Road corridor? 7. Are the proposed roundabout locations at the Crossroad/South Frontage Road and near the Evergreen/Vail Municipal building too close to the Mail Vail Roundabout so that they would adversely affect the rating of all or anyone of the existing or proposed roundabouts? 8. Would the Crossroads/South Frontage Road proposed roundabout ease the burden on the Vail Road/Meadow Drive intersection by creating an alternative route to and from the.Vail Village commercial center? VAIL VILLAGE HOMEOWNERS ASSOCIATION, INC.. ~ . President -Alan Kosloff Secretary -Ellie Caulkins Treasurer -Patrick Granml Executive Director -Jim Lamont Directors:.Judith Berkowitz -Dolph Bridgewater -Bob Galvin -Ron Langley -Bill Morton - Gretta Parks -Richard Conn ~• To: Mayor and Town Council Members Design Review Board, Planning and Environmental Commission From: Jim Lamont Date: June 12, 2005, Resubmitted Unaltered January 19, 2006 RE: Crossroads at Vail Special Development District Application . Code: CrossroadsFinalReport.doc The Board of Directors of the Vail Village Homeowners Association, urge that the following recommendations be given consideration by the Vail Town Council with respect to the Crossroads at Vail Special Development . District Application. The Board of Directors holds the broad position that, this property should be rebuilt, because of its age and condition. However, the rebuilding, should it occur, is to avoid significantly altering the appearance or fabric of the. community. In is to be noted that the "developer" by not providine adequate documentation of his proposal, hinders the .public understanding of the full scope of his application. The developer is.ur~ed to provide recent and current documentation so that his full application may receive the widest distribution, access, and consideration from among the interested parties. It is the Association's perspective that the Vail community is not of a single mind regarding this proposal. Iri ,:.:::.. circumstances where neither side can agree, then a compromise, willing or otherwise, must be fashioned.. ` ' Therefore; we are presenting; in the furtherance of public debate, several points of possible compromise. Our position, when taken, is recommended and regarded within the context of our "principles of good . governance." It is our principle that property owners in similar circumstances should share common rights of property and zoning. Our principles include a belief that the grants of "special privilege" should not be given; whereby one property owner diminishes the rights of his neighbor or others in the community. Further, it is our position that the Special Development District as applied in the Town of Vail is and continues to be an abusive grant of special privilege. The Association recognizes that there arises from time to time, the need to rectify deficiencies, physical and otherwise, in a neighborhood and the community. Development can be a worthy end to accomplish public benefit. However, there is the potential for misunderstanding over what constitutes a "worthy development" or "developer." The allocation of "developer provided benefits," because of the lack of definition about what is a "public benefit," makes the process prone to abuse., The determination of "public benefit" requires the closest public scrutiny. To avoid difficulties about what are appropriate "public benefits," the debate must be transparent, open, and available to the public. A clear distinction must be drawn between property owner improvements, which are required. to reasonably do business and those that more directly benefit the "practical needs" of the public interest, such as roadway improvements. The responsibility to provide "public benefit" improvements belongs to the developer. In return, it is the responsibility of the public to make "necessary and practical" improvements, which have a direct relationship (nexus) to the impacts associated with the project. -The prof ect, should a compromise be adopted, as described herein, would be significantly changed. -The present .architectural design and plan would need to be changed to reflect the adopted compromises. Whether the project will proceed under these compromises is not assured. We remain open to the consideration of other ~ggested conditions of compromise. The following points are. the "recommended" conditions of compromise: 1. An equivalent of at least one floor of the building must contain a mix of affordable housing,. which provides domestic living units for full-time residences, who are multi-aged, including those needing elder or special care, which will house, families, children, couples, and single persons. . 2. The building must be build. to LEEDS certified "greeri" building standards. 3. The building owners must agree to participate in the dispersed terminal loading and delivery system. 4. The building owners must. participate in the future construction of utilities and infrastructure improvements, such as a mass transit system and roadway improvements. 5. ° Reduce further the height, bulk, and mass of the project. 6. Higher priority should be required for public benefits,-which improve "necessar}~' public infrastructure and safety. . 7.. The ice rink, its sunscreen, and fountain are to be considered public benefit, subject to replacement, .operations, and management agreements with the Town of Vail and property owners.. - - 8. -The project causes the "traffic safety of the intersection between .the Crossroads Chute (Village Center Road) to become jeopardized, therefore, the Crossroads developer is to pay the full cost of the Crossroad's Chute roundabout and fix a date certain for its.completion, which is to be within 12 months of the approval of this pending application. 9. The building must contain one floor of hotel rooms and one floor of commercial uses. 10. Relocation of density for hotel rooms above the 38"height limitations shall be subject to the proof of public benefit and restitution. 11. The relocation of density allocated to the plaza area cannot be located above the 38' height limitations of the underlying zone. 12. Pedestrian circulations areas shall contain canopies of native deciduous trees for the purpose of providing sanctuary for pedestrians, expression of public art, and sheltering of arboreal wildlife. 13. Architecture style must be a traditional European romantic alpine theme. 14. Developer provided parking spaces, available to the general public and community use, should be considered a "partial" public benefit. 1 S. Subterranean interconnection of parking structures is considered a public benefit for reasons of traffic - and life safety. 16. Cultural and recreational amenities, available to the general public, including community use, should be considered a "partial" public benefit. 17. The relocation of density above height limitations of the underlying zone district shall not be considered ~,._. a public benefit. 18. There is no substantive public benefit when density is relocated from one portion of a site to another, if in its relocation it violates other zoning standards. 19. There is no substantive public benefit when the developer claims as a "public benefit", those "streetscape improvements", which are necessary and reasonable to conduct business in the development. 20. The west wing should be stepped-down; it should keep to the same step-down profile as the adjacent . structures at the Vail Village Inn. 21. Meadow Drive frontage, Crossroads West Wing, remove two "step .back bays" from the West. Wing so that the "setback" of the.street facade is the same for Crossroads as it is for the VVI. Reduce the height of third bay to a height corresponding to the adjacent structure at the Vail Village Inn. The height of the .. west wing should follow the profile of the adjacent structures on the Vail Village Inn site. 22. The developer shall pay the full cost of the new roundabout at the intersection of Village Center Road . and South Frontage Road. The date certain completion is within 12 months of the approval of the pending application. 23. The design for the plaza should be taken from examples of some of the oldest public squares in Europe. The plaza should contain canopies of deciduous trees that share the public space. The canopy should be; grown in areas created where groves of Aspens can thrive. The plaza should be a sanctuary for ~ `. pedestrians and winged wildlife. In wiriter, the trees could support a dramatically lighted canopy, which shelters the ice skating rink. 24. Residents, citizens, and property owners have the right to directly discuss the proposal with members of Commissions, Boards, and the Town Council. All discussions regarding terms of contract will be held in public meetings at which the public can attend. The meetings must be electronically tape recorded for the public record. The details of discussions between two or more Council members must be reported electronically on the public record within 24 hours. VAIL 'PILLAGE ~$OMEOWNEI~S ASSGCIATION, INC. President -Alan Kosloff Secretary - Ellie, Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont Directors: Judith Berkowitz -Dolph Bridgewater -Bob Galvin -Ron Langley -Bill Morton - Gretta Parks -Richard Conn. To: Mayor and Town Council Members Design Review Board, Planning and Environmental Commission From: Jim Lamont ,Date: June 8, 2005, Resubmitted Unaltered January 19, 2006 ~ - RE: VVHA-Crossroads Redevelopment Report, ..Town Council. Public Hearing Introduction: The community has not, as yet, made up its mind about the redevelopment of.the Crossroads.at Vail. There are several interests, which vigorously differ with several aspects of the proposal. There are others, with opposing views, which just as vigorously, argue their issues of "community need." The community is in transition; no one faction can have its sway. Therefore, compromise is necessary. What _ should that comprornise~be? The community is literally at a crossroads. -The Crossroads project; .whatever its final form will be a compromise. This report explores the potential grounds for a compromise that will allow ,for redevelopment of the Crossroads at the Vail site. The Vail Village Homeowners Association is participating in the public process addressing the redevelopment of the Crossroads Shopping Center in Vail Village. This report is a reflection of our participation. The reader now shares the issues put to the Association's Board of Directors for their consideration. ~e proposal is being judged from two perspectives, the relative size of this proposal to its immediate predecessors in the zoning process .and adjacent neighbors. The second; the brealcinb of-new-ground on which future precedents will be set. The Town Council has the, finial say on this. matter. Homeowner Association Position: The Homeowners Association has approached this application from the perspective that the Crossroads Center, as it currently exists, is in need of being rebuilt. The manner in which it will be rebuilt is the subject of public debate and consideration by the Vail Town Council and the broader community. The Homeowners Association has prepared this report, not as a final recommendation, but as informational advisory, representing the perspectives of it constituencies. Conclusion: The author remains to be convinced that the Crossroads at Vail project has fully represented it impacts. The zoning deviations appear to benefit the developer more than the public. It i_s_ suggested that the Board of Directors either individually or as the Board, forward their recommendation with respect to the proposed compromise and any other position of which they are desirous. The reader's conclusions should be communicated to the Vail Town Council in the form of an email FAX or standard letter. Communications with Town Council Recommended: r. Contact Vail Town Council: Email: towncouncil(a,vail~ov.com; Voicemail: 970-479-1860; Fax: 970-479- `. 2157; US mail: 75 South Frontage Road West, Vail, CO 81657. Contact Vail Village Homeowners Association: In order of priority: Email; whana,vail.net, web.site; www.vailhomeowners.com, Voice MaiUFAX;-(970) 827-5856, Post Office Box 238, Vail, Colorado 81658 Crossroads Issues of Controversy: The factors being decided must consider circumstances as they presently exist or as they may reasonably exist in the future. The specific issues that remain controversial are as follows. T. Height: Is the building too tall in comparison with its surroundings? 2. Building Bulk and Mass: Is the apparent size of the building too large in comparison with its - surroundings 3. Public Benefits -Zoning Deviations verses Public Benefits: Is there ample restitution for .extraordinary costs to the public infrastructure and other relevant matters resulting from the development, as compared to the zoning concessions being required by the developer? a._ If public benefits, are not sufficient how much should the density and height be reduced or should (.... . .the payment. for public costs be increased? 4. Architectural Style and Design: Does the architectural style of the proposal have a compatible aesthetic relationship to the adjacent properties, neighborhood, and the community-at-large? 5. Special Development District: Should the project be approved under the provisions of the Special Development District or remain as, Commercial Service Center, its standard (underlying) zone district designation? 6. No Hotel Rooms: How. many hotel rooms should be provided in the project? 7. Additional Conditions of Approval: Are there additional conditions that should be attached to approval of the project? The recommendation by the Planning Commission and Town Staff are appended to this report. Link: PEC Public Hear Summary with Conditions of Approval 4/25/05 Link: Crossroads Town of Vail Staff Report Anri125 2005 8. Legal Issues: a.' SDD/Special Privilege: Is it a grant of "special privilege" and does the Town of Vail have the legal authority to modify zoning regulations through the application of Special Development Districts, whereby zoning standards are altered for a particular property in exchange for financia: _ . or other types of compensation or restitution paid by the developer to the town? b. Master Plan Compliance: To what degree is the Town of Vail bound to comply with adopted master plans and what is the process for master plan.adoption and amendment? Discussion• gal Issues: The zoning for the project is proposed as a Special Development District. The history of Special ,~evelopment Districts in Vail has a stormy legal legacy. The District Court has rejected at least two court challenges against the Special Development District. The most recent conflict resulted in a punitive financial judgment against the plaintiffs, who were adjacent property owners. However, it is the opinion.of some legal . authorities. that the judgment had no bearing on the validity of the Special Development District as a valid method of zoning. The court's remedy, should flaws have been found with any Special Development District, is to remand the matter back to the Town of Vail for rehearing so that the flaws maybe corrected. This could mean that only a portion of the process would have to be cured, or in the extreme, that the deficient application would have to be filed again, as a new application, and the matter reheard by the reviewing bodies in the:Town of Vail. Special Development District must prove Public Benefit• The developer is using the Special Development District zoning classification so he can obtain. deviations from the development standard of the underlying zoning district. The determination of deviation is based on a set of criteria, which must be satisfied before approval can be granted. One of those criteria requires proof of public benefits. Proof of public benefits has come to mean a sum of money or resources that offset the cost to necessary public infrastructure and quality=of- life facilities. SDD Review Process Flawed: The Special Development District approval process allows the avoidance, of public scrutiny through the application of "contract negotiation" procedures. The approval process for a Special Development District (SDD) is a negotiation between the Town and the developer. It is a bargaining for ~zblic•benefits" in exchange for "deviations" from the zoning regulation. The zoning designation for a SDD ~~~e is known as the "underlying-zone district.".The negotiation usually results in increased density and the exceeding of other zoning standards of the "underlying zone district," such as height, setbacks, parking; etc. -The Town considers its deliberation about "public benefits" to be contract negotiations and therefore, subject to executive privilege. The Council holds its substantive deliberations about public benefits in executive session. The Town Staff are the "gatekeepers" of the negotiation process. They make recommendation directly to the Town Council in executive session. The staff maintains an exclusive franchise over the negotiation be enforcing a condition that "ex pane" contact between public officials and their constituents on matter is prohibited. The public is "frozen out" of the negotiations process. "Ex parte" contact typically applies to the deliberation of judges and juries. The Town Staff enforcement of "ex parte" contact, allows written communication to occur. Personal contact can be made but the Councilperson is subject to legal challenge, if they take a public position "for" or "against" the proposal, prior to officially taking public testimony. The Town staff conducts pre-meetings briefing with the planning commission and other authorities that . discusses arguments in favor or against a SDD proposal. Tactical strategies are also discussed in these sessions. Official minutes or a report are not kept of the pre-meetings. The time and location of the pre-meeting is included in the published agenda of the Commission or Board. Point of Compromise: Residents, citizens, and property owners have the right to directly discuss the ~posal with members of Commissions, Boards, and the Town Council. All discussions regarding terms ,,. contract will be held in public meetings at which the public can attend. The meetings must be electronically tape recorded for the public record. The details of discussions between two or more Council members must be reported electronically on the public record within 24 hours. Developer Claimed Public Benefits: Central Plaza: The Crossroads developer is proposing as one of his public benefits, the creation of a laige ~ central plaza. The density that could have been built on the footprint of the plaza has been replaced onto the residential wings, causing them to be higher than the allowed 38' building height for its underlying zone district. Point of Compromise: The relocation of density above height limitations of the underlying zone shall not be considered a public benefit. Relocation of density above height limitations shall be subject to.proof of public benefit and restitution. Commercial Uses: the developer is claiming commercial uses, such as the movie theaters, bowling alley, and other commercial use as public benefits. Many believe that these are not public benefits, but are necessary costs associated with attracting guests and customers. Many interests believe that the proposal does not meet the required test of having sufficient public benefit. Other Claimed Public Benefits: There are other claimed public benefits that are identified in the Town of Vail staff memorandum, a copy of which resides on the Homeowners Association's web site. No Hotel Rooms in the Proposal: The residential portion of the Crossroads will, according to the developer, operate as a.condominium hotel, having traditional hotel guest services, like a front deck, restaurants, etc. The Town of Vail •has not legal power to require condominium units to be made available for short-term occupancy,(-. like a hotel room. The Vail Plaza and Fours Seasons Special Development Districts both are required to provide hotel rooms. In these developments it was considered a "public benefit" to provide hotel rooms in the development. The amount of hotel rooms over an above that required by the underlying zone district should be considered a public benefit. Point of Compromise: The building must contain one floor of hotel rooms and one floor of commercial uses. Height, Setbacks, and Density are Public Benefit/Politicalbecisions: The height, setbacks, and density of the development is a political decision made by the Town Council. The costs, associated with public benefit improvements can .be compensated for by increasing the height of the building, reducing building setbacks, and increasing the allowable density. The relative height of the proposed Crossroads project is similar to the Special Development Districts for the. Vail Plaza Hotel, now under construction, and the Four Seasons scheduled to begin this autumn. Other factors are variable among the three projects. There is no foolproof guarantee that these projects will accomplish their economic intent. Historically, shifts in national and international markets can readily deflate anticipated demand in a local real estate market. An approval, for a project that has not gone into construction, having a development program that is "out-of- demand," could be more of a hindrance than anticipated. One of the arguments being made by the Crossroad's developer is that the relocation of density from the area ha. is proposing to be a plaza, should then qualify as a public benefit. The proposed plaza is being built, on land scheduled to be built upon, in according with the Town of Vail's master plan. The developer. in the process of relocating the density allocated to one part of the site to another comes into conflict with the height requirement. The height limitation established for the proposed Four Seasons and Vail plaza Hotel, have similar provisions. Limitations identified by the Town's Master Plan have been overturned. The developer is claiming that by retaining the density and providing a plaza he is doubling the public benefit. He does not recognize that he is merely displacing the impact from one locale to another:. He maybe exacerbating the impacts because he is creating ahigh-rise development that places different and greater impacts upon the public infrastructure. ~ -- The developer is claiming the right to increase the density on any portion of the site, even though it violates the height restriction or setback requirements. He chooses to believe that ill-formed density is a public benefit. ~ . Relocating density merely displaces impacts from one location to another. Point of Compromise: There is no substantive public benefit when density is relocated from one portion of a site to another, if in its relocation it violates other zoning standards. Point of Compromise: There is no substantive public benefit when the developer claims as a "public . benefit", those "streetscape improvements", which are necessary and reasonable to conduct the business of the development. Point of Compromise: The south facade of the west wing should be stepped-down further and kept to the same setback line as the adjacent structure at the Vail Village Inn facing East Meadow Drive. Traffic Considerations: Traffic is one of the most important considerations that must be decided. Traffic enGineers have analyzed the intersection of the South Frontage Road and Crossroads Chute (Village .Center ive).. The additional traffic Generated by the Crossroads redevelopment will push the traffic capacity to near unsafe conditions at the intersection. The South Frontage Road, adjacent to the proposed project is one of the busiest and most important stretches of road in the entire community: - ~ ~~ . r ~.h~ i ~ _ _ ~ .sr~ is ~~ »,.cyy~acS~~,~,,`~.. - ~ t~_ ^~ f, .. ~.`- r~ 6 X1_'_'"2'-"'.- ~ ,- _.. ~ 1 ~ f 9 f>4y .,~,: i aka 7.. !~'A ^:. ~ p ~~~~` ,~ ~6 ' a..'d_ w~. .~ i i~~ ^+~ 4~f/ -`~'-- ~-: ~ ~ * S '~ ~~y ~ .,, ~ .__ .''.Fri .. ., t1 ~Sn"i7R-•41t~8~?e rr~.:'~ftr'.;-li.1tL'::+n-~r. ~4~"X :L'hl;+ ".~X ~113i '~j' f~, tKa~^~cirs.-~Rp'L; -#.~----..,.... '+'.~ @~',+l'~-'~.,,. ° ' ~ ~ ~` .--- ~t _ r ` > ~ r+ - ~ - - ~i in' r kT S'~af' P `a ~ r f r ~ - ~ 1 t~- _ ' : ~ ` ~ ~ t ~ ~ ~ } r.'t r ' S. , sh t `, 4 r_i+~ '' r crlrlr-~r fK rr.l'rtr !tr...~~~. .. ~yr r ~ ~ 1 1 ~ ~ .._. ~ ..._ ~ ~ ~~ ~ 3 ~, ~ 4~~~~ ~t .~j... ~,-, w .. ~ ,. ~ f »+.. •_r$.. ~ ~..s...ar ..... ~ .~: ~ '!~_. 17 F` r~ 1~:~.~ _. 1.. \ . aa. .:..M I.~~ `` 1 Y Proposed Vail Boulevard (South Frontage Road): Main Roundabout east to Blue Cow Chute illustrates proposed roundabout at the Crossroads Chute (Village Center Drive). Link: View Graphic of proposed Vail Boulevard in Greater detail. One of the routes that is necessary for the dispersed loading and delivery.system requires an un-congested flow of traffic along the length of Vail Road, Willow Bridge Road, to East Meadow Drive acid Crossroads Chute and its intersection with the South Front Road. .adies conducted for the Vail Front Door Project indicated a traffic stress point at Vail Road and Meadow Drive, which could have a deteriorating ripple effect, not only at this intersection, but the Main Vail Roundabout, as well. Gridlock could quickly appear. Major investment must be made to ensure that the entire downtown is 'as free as possible from gridlock. The proposed Crossroad's roundabout would provide an alternative route to disperse traffic should an unforeseen problem arise.' The Crossroads roundabout insures the continuation and usefulness of a "limited access" traffic%""~ route between Check Point Charlie and the Crossroads Chute over the International Bridge. The Crossroads developer has agreed that he will finance a quarter of a roundabout for the Crossroads Chute and South Frontage Road. Traffic engineers agreed that a roundabout intersection would increase traffic flow and reduce safety problems associated with the Frontage Road.. The cost of the intersection is estimated at $2 million. The Crossroad roundabout intersection improvement must follow on as one. of the first phases of the project.. The completion of the roundabout is critical to reducing the truck traffic, which uses the new streetscape improvements that are now being.installed on Gore Creek Drive, Bridge Street and throughout the immediate neighborhood. The specific location for the roundabout remains under study, as it must be designed to handle bus traffic entering the adjacent bus station. It may require a substantial retaining wall on its north side. These and other public infrastructure items have been laid on the project's budget. . Point of Compromise: Require the applicant to pay the full cost of the new roundabout and fix a date certain for its completion, within 12 months. Loading and Delivery System: Crossroads, has agreed that it will use its enclosed truck-loading terminal as a member of the "dispersed terminal system." The purpose of the "dispersed terrriinal" system is to distribute goods throughout the commercial establishments in .the Vail.Village neighborhood. The Cost of Public Benefits Determines the Building's Height and Size: The developer, in obtaining his permission from the Planning Commission to proceed for Council review, reduced the size of the building both above and below ground. The reduction underground, removed a substantial number of for sale or leased parking spaces, and the family entertainment center from the plan. What remains are the_movie theaters and bowling alley. Above ground, the developer has made an attempt to reduce the height of building to be more compatible with it neighbors. As public benefits are attached to the project, the bigger the building becomes. Existing Site• .~ 4 k~ti i ~~`:~:= ~ ~, ~~ ~r. f: ~ x *'h r~ r ~~ ~~ ~ ~r yy ~ , iw ~ > , ' ((rah f'C, ~.~~ . ~ .~ L ll ,.ra ~ UA~1 Q~ r - r_~~,~ ~. .,. r` , '^'~ F k~ .~~~+t r. ~ - ~~.• ~~ ~^ i LL ~/ T4i' ~~ } Y ~4~ ~~~ Aerial Photo: Existing Site . Architecture Style: Pont of Compromise: Building architecture should be of a traditional or romanticized alpine theme. The style,,while Alpine, distributes its bulk and mass in the configuration of a traditional Atlantic City beachfront hotel. The configuration does not necessarily reflect the characteristics of a European alpine mountain resort hotel. _ ., . . s:~ ~ ~: ,,,~, r-j~J~3,"..~'TffiGia~ .,a`t.,a...AYr~.Sd~t.~t4u~.~2` J..~Yt~dlx."a.~ Link: Enlareed view of graphic The architectural design concept has changed since the first proposal. The original design of the building facades was ahigh-tech, tailored alpine modem. In response to criticism, more stone and wood surfaces have been amended to the design, seeking to give the impression of a more romanticized architectural.theme. Gables ,have been added to break up the profile of the roof. Of the two proposed schemes, the "contemporary design," is the most successful. The contemporary proposal was considered too great a contrast with the Sonnenalp and other surrounding buildings that have the more traditional European design styles of the 1970's and 80's. It should be assumed that the more traditional buildings in the immediate area would remain. ' The proposed structure, no matter the style, in its present configuration, will dominate and "overshadow" the neighborhood. Many are of the, opinion that the revisions have not been as successful as anticipated. . Specifically, there is a desire to reduce the apparent height and massiveness of the facade. "" ~~ cT ~~. r« ,~ South Elevation: ~_ -'- - ~ .1~.`.~ ~ rg h ~ 1 ~Li~~tl~ r-~~=~ ~ ~ r ~' -~a~.c ~: I fffrrr ~ , ~---- y .. ... .r: ~~~+ East Elevation: ~_.,.~. _ r e"w,~ e~ r.~ °`~ .'= '~ I ` . ~, ~ ~'! LLH~ l - .~, X0,1 4 ~,~ ~ ~+ _ ~ r....: :m r .. West Elevation: J .' ... J// N.,rth Flnv~r;nn• 1 ~ ~_ ~""~ ~~+~k- _ ~ .,,, ~j._:. . r' ~, ~:~ ,, rs:,:.. w,,..a.,__,,.... _ ?""" .._.. ~= "` r~c' r`• ~ !` - . i;-, ~._ Y"~-~ ---~ n, ~ : , . ~' r.. ~~+~ ~r _.;,..~ . a .~ ~~ r:.~ 1YE57 BEV~TLI ~ ~ ~v~+• awco: nw . . =~ :_:~- e~'-a..-'-~- ' {:: ~~r ~ s~:.`~....~ ~i..w~ f~°rm ._ ~- Crossroads -Main Plaza: __-.~. . - -_ ~. ~~ ._ •~ ~ -nom, - ,,... .ear - .. ~ ~ - n t\/ ~y - ~~ , ~ k~ Vie,, ~- J it -`' a ~,', '~,, ' t~ ~~~ ~TM .. .-,.. f, /' . I+ Point of Compromise: The design for the plaza, should be taken from examples of some of the oldest public squares in Europe. The plaza should contain canopies of deciduous trees that share the public space. The canopy should be grown in areas created where groves of Aspens can thrive: The plaza should be a sanctuary for pedestrians and winged wildlife:.In winter, the trees could support. a dramatically lighted canopy, which shelters the ice; skating rink. _ ~. . Est , __ _ _ . .. ,. . ~. i .~ ., -~` - ~.~, ~ r ~" -. _ ,. - }~' ~~, X14 ~'c The apparent height and massiveness of the building are intended to be mitigated by a large plaza.. The plaza is to contain an ice skating rink, and provide ample frontage for two commercial floors of business frontage arranged along atwo-story arc on the north side of the plaza. The plaza design is carnival, to a fault. It is near empty of permanent landscaping,. most particularly trees. To date; there has been no explanation of how the, ice rink will be screened from the melting rays of the sun summer or winter at 9,000 feet elevation. In all likelihood, ,the ice rink will require a large fabric canopy that is not shown on the plan. , .j :=~ ~ _ ~ _ ,. , •~~'ao -~~_ - ~-'- ~i 4~ ~y i,- ' ~ ~ 'tea;,, x ~5 y--- ' ~~.i ~.~ t ~r t ~~: , ~ ~~~ ~ ~-~.~ r ,, ~; ~.. ~ ,R ...w , ,~.,.~ ~- a~~.~: ~ :: ~: n ~ . There is a preoccupation with putting no obstructions to interrupt the view of the storefronts from the adjoining pedestrian street, which is East Meadow Drive. Ample opportunity exists to shape the landscaping to insure that public spectacles, planned for the space, will not be inordinately obstructed. hulk and 1VIass: The building is being proposed as a unified architectural theme. Unity of architectural theme . and a repetitive roof form and uncomplicated geometry is increasing the.apparent bulk and.mass of the proposal. Amore "village like" appearance, with multiple romantic themes, could contribute to reducing the apparent bulk and mass. ~c ~~~ r t''31 < e~' 4 s ~ ' " hAA~ 'k: ~ ~. ~ - _ „ f 3. ' ' +&. :taa ~kr-y ~ ~5;?«, tit '. ~ vt' ~ ~ G~ i! ~~ "~ t =L S °F~IL''.tN? ~ 4 ~~ ~ ~ ~ 'j t ~` f '~ - t 'ruS~apy - t _ 4 ~ ~-.. ' t~~. _ i ~.- _ 7a, TR "~ h - t`~"1v ~, J '1~ d - C 4 ~ ~ ~ I q~ N+S~ 'l K~ ~ R ~ ~ s ,_ ~' ~. _M Above: Computer animation of the bulk and mass of the proposed Crossroad compared with the Vail Village Inn and the Vail Plaza Hotel to the west. ~ -;:.~. ~, ~ ~~- -~.-~' ~ _ ~~ ~ ~~ ~~ j~ _ _. _ __ -- - __. _ _ ,u~, -~ - - _. ~ _~ ,-. r ~~ f .~. ,t v .Y..~'w• i,c r 'j r ~ ~ - . Above Left: Computer animation showing the apparent bulk and mass proposals the Four Seasons, viewed looking East along South Frontage Road towards Vail Plaza Hotel/VVI and Crossroads Above Right: Computer animation of the Crossroads proposal looking west along South Frontge Road with WI/Vail Plaza Hotel and Four Season in the background The West Wing -Height relationship of the Crossroads West Wing with adiacent VVI• . The graphics below illustrates the controversy with the neighboring Vail Village Inn. - - __ _, __ -- ~x ~. ~` = - _ ,~' --L~. ~ ~ , ~ ~ ~, s ~~~ ~ , .. M 4" .4 t, ~L ~ i, i ~ •~• `4• j , `+.. d ~ `Lr ~~~, ~ . . { ~ - ,. .. S ah T ~ - ~ ~ _ __ Above: Illustrates the scale and height differences between the proposed Crossroads and the existing Vail Village Inn. The animations show the effects of the difference between setback requirements between Crossroads and the existing VVI. The Crossroad proposal is a "zero" setback. along Meadow Drive. Relative Setbacks and Height Conflict: The illustrations show the setbacks and.relative height between the West-Wing of the Crossroads and the Vail Village.Inn. The magnitude of the Crossroads incursions dwarfs those of the immediately adjaceritbuildings of the Vail Village Inn on Meadow Drive..-The Crossroad appears to close off Meadow Drive. The setbacks should be more similar between the two projects so that one does not dominate at the expense of the other. The vitality of pedestrian movement along Meadow Drive is dependent upon unblocked visibility. Stair-Stepping Height Minimal: The effect of minimally stair stepping from the frontage road to Meadow drive is evident on the Crossroad proposal. The West Wing in particular should hold to a similar height as the it Village Inn. It appears that the 38' height limitation should be enforced on the West Wing of the ~,rossroad proposal. Shadowing: Continuous sun shadowing occurs during the "extreme" period of the day and seasonally. Adjacent property owners believe this to placing a hardship upon them, the benefit of which solely benefits to ,. the new redevelopment. Shadowing can be reduced through lowering and reconfiguring the Crossroads ' proposal. _. ~., _--- _ _ ~_ t -_ r !-~ ~ t ~.,, r , ~F T~r _. ~ "}' J ly ~ ~ t _TTl ± 1. ~ `a _ , . ~ 6 ,,, , ~ _ ~ ti -i'r, ~ ~ ~ i M P ~ ~~ u Above: Illustrates the shadowing the Crossroads West Wing will cast on the adjacent Vail Village Inn during certain times of. the day and seasonally. Shadowing can be reduced through lowering and reconfiguring the Crossroads proposal. Point of Compromise: Meadow Drive View, West Wing, removed two-step back bays of the West Wing. Reduce height of third bay in similar slope of adjacent commercial/residential structure. T'he height of the west wing should follow the profile of the adjacent VVI residential structures. Points of Compromise: Subterranean interconnection of parking structures is considered a public benefit for reasons of traffic and life safety. Precedents for Increasing Building Height: The relationship of height among the three projects, under construction or approved, along the South Frontage Road are similar. What differs between them is the ~-~ stepping-down of height between the South Frontage Road and Meadow Drive. Crossroad is proposing less stair stepping and retains a greater height on Meadow Drive, with less of a setback from the property line. The precedent setting height has been justified because the building will become a sound barrier for Vail Village to the traffic noise from the adjacent Interstate 70. The height that has been approved for the Four .Season, Vail Villaee Inn, and Vail Plaza Hotel far exceeds the height necessary to block I-70 noise pollution ~, -- . - --~~- ~ _ ..~ .~ _, r ~- ~~./ ; ?.~ L E mc;~ - t.._ ~ J! mu may.,. Above: Illustrates the amount of building that is located above a 38' computer animation matrix showing the Four Seasons (left), the proposed Crossroads/Vail Village Inn/Vail Plaza Hotel (Center and Right). Comparison of Height of Crossroads with Vail Village Inn: The Crossroad proposal has proportionally,. significantly more occupied area at a greater height than the Vail Village Inn. The amount of space is obtrusive and not readily apparent from drawn building elevations. The result of overlaying the Vail Village Inn and the ail Plaza Hotel with the proposed Crossroads partially illustrates the differences. - - - - - - - - - - - -~i. - - ~~;a _.._~„~,~ ;~~ ~~Nfhl'Bflilti(li~li(3i~ ~: - - - - - - - - - - - -^ ~ 58'-9 ~. ~ ~ .CROSSROADS ~ .. ~ ~ ~~ ~ VILLAGE INN PLAZA . _ PAIL PLAZA HOTEL .. GATEWAY ~ ROUNDA a ~ ~ ~ ~~ ~ _~ n ._ I ..... ... ...~ .. .. ... .... ~... .~. u . r., a. - .... w _ ~~~~,• ... . xw . ..r ...u. . uu ..., ` . w a... nn... ~n ...,. w. - ~~} ~. .r. mn ....... . t4 ..L~J6 _ } i _ . .. ; CRQS~ROADS ~ I a / 'VG.LAGE lN:I P:IAZA ~. VATL [?LAl.A MC7'fp. GA7E•JltY R4F~~G?AABCUF .Above: Illustrates the amount of the Crossroads building located above the height of the Vail Village Inn and Vail. Plaza hotel. Superimposing the image of the Vail Village Inn and Vail Plaza Hotel over the proposed Crossroad building makes the. comparison. Developer Initiated Reductions of Building Height: The developer reduced the height of his initial proposal at the suggestion of the Planning Commission. However, the reduction in height of the initial design was not a realistic proposal and would not have received serious consideration. Therefore, the gesture of lowering of height only brought the Crossroad proposal in line with the Vail Plaza Hotel and Four Season. (" Comparative View Study of I3eight, Bulk, and Mass -Computer Graphic Photo Montage: The following illustration shows a before and after comparison of the views of the site. ote: The developer has shown some public officials a larger selection of the images. All images should be ~ailable to the Town Council and general public. ' ., ~~ _ ~ 1. ~~ _ ~Jih_ ~ 5~ fro `~ i~,'t~S-~ ~ :.1~~ ~` i ~~ ' - ~.4-E.v~~ ~ ~ ~ ~ ~ s. I{ ,}, ; ..., ~ i .fhb T ..: ''3 ~'.T" ar.. 11IJ ~ ~c ~ ~ 'z 1,c ~?~~ x J ,~s~ }~ ~ ~ ~I -~~i °~z.4~~a'~~, t..~.~° ~.'~; 'y.,ca _."'~; r: '-~1,~_p -, . +: , i , +ab _x`s• ~t rte.. ~''iai~._. ~, b.. ~ ~.~r?~_. .~ ~ 't' ..ed~ f ~~^'--•f '''."Y `?tip 4 `M~l ~ . .. _ _...... ,.. _ .. Before and After View From Main Vail Roundabout: ~~ _ - _ I =~; ` .. a ,~.: 'i . n r 1 r "~ ~1ff• 1 _ ~ Y , ...-. _ ~r h - Y~ y -C t 1 ~ ~ T 4~ S 't ~` er ~~ C ~ oil ~ . ,'~ ~ ~~ More and_After View from International Bridge: (~ L f 'd 3',~ ~ ,___._rvld""t~~u j ..~1. 11' 4.'_/b {4 ] -. t { Y f ,.~' ~f Before and After View From East Meadow Drive Looking East: k ~,~ ~~.~,~ f t ~`. Gr ~ i - ~ 1 /~' ~ ~ ~' ' ~ xA 4 1 ~ ~ 5 ~{~KS / y~ p '{~ ~ r( "' i`Y y 4 ~ ) t~' r ,,[;1 '~ S- i i ' .~fl~ ~ _ _ p~~l~ ~~~~ ' 3~~q 7 y-+. ~ - .~ /_ .~~y~ R ~ ~_`j +~ ~ u I ,,~ ~-y do V 6i7~~,` n _ rS ~ ~~ ~ 4~~ .fa M +~ cp ~~ ~<q~"t r~ ~`~ ~ tf ~r 4 ~3 r lI _~`~~..ti r Additional Information is available on the Association's ~~~ebsite. Please forward to ani~ropriate parties. Post Office Box 238 Vail, Colorado 81658 Telephone: (970) 827-5680 Voice MaiUFAX: (970) 827=5856 e-mail: wha(a,vail.net web site: www.vailhomeowners.com Village Inn Plaza, Phase III, Condominium Association 100 East Meadow Drive, Vail, Colorado 81657 . January 23,.200.6 .Planning and Environmental Commission .Town of Vail 75 Frontage Road Vail, Colorado 81657 RE: Special Developmerit.District No. 39 to Aliow for the .Redevelopment .of Crossroads ~;~~a on ~an. a3,~ Dear Members of the Planning and Environmental Commission: I am writing to you. as President of the Board of Village Inn Plaza, Phase.III, Condominium Association regarding the establishment of Special .Development District No. 39, Crossroads. Our homeowners urge you to request changes,to the proposed Crossroads redevelopment project before .granting it your approval. I. .Western Fagade: 1. Height of the Crossroads Western Fagade: We have consistently urged further reductions in height for the building's western fagade immediately adjacent to us so that we are not faced with the massive "wall" of the new building right at the twenty foot setback line,,a wall which is six stories ,high virtually the entire distance along our joint property line. The perfunctory stepping down to which the developer has acquiesced is to five and then four stories for very short distances right at the project's south property line at East Meadow Drive. We believe that Crossroads should be required to step down in height in increments of roughly. equal length from.six stories at the South Frontage Road, to five stories, to four stories, to three stories, and to not greater than two stories by East Meadow Drive, particularly since there is very little setback from the south property line.. 2. Loading Area: Parts of the Crossroads loading dock are well within the western twenty foot setback line, coming virtually to our joint property line. The siting of this loading area will result in the destruction of approximately 13 mature trees and seven larger shrubs, which are currently located along our joint property RE: Crossroads Redevelopment Ordinance page 2 - line in that area. There is no requirement by the Town for mitigation of this loss, and this is not at all tolerable.: The building should be moved back to the twenty foot setback dine and, thus, save the existing trees and shrubs, or, at an absolute minimum,. the developer should be required to put in landscaping in that area which will do a better job of year around screening of the proposed, new building than the plan now, shows. 3. Plantscape and Hardscape in the Vicinity of Our Joint _Property Line: We .have discussed in a very .agreeable way with the developer (and the Town staff for that matter) both plantscaping and' handscaping possibilities related to adjoining portions of our property in the vicinity of the pathway connecting Village Inn Plaza's upper retail area with the Crossroads retail area, a pathway- put in place because of wishes of the Town. The ,linking landscape could be a beautiful, park-like area, which could be a notable addition to landscaping excellence in.Vail. while the plan before you today contains a general reference to this, we feel-that a more specific plan (agreeable to us, to the developer, and .to the Town of. Vail) should be a requirement before approval of the Crossroads redevelopment proposal. II. .General Comments: We do not believe that Crossroads, as currently designed, meets the compatibility and public benefits requirements necessary for approval of the Special Development ,District before you today. Village Inn Plaza, Phase III, Condominium Association requests that you deny the Crossroads project's application until such time as there are noteworthy reductions in its size, height, bulk and mass. and until the matters I refer to herein are adequately addressed. The developer promises various public amenities which seem like worthwhile amenities for the Town. There is certainly a need to make sure that those amenities endure, or, if any of them might turn out not to be economically feasible in the long term for the developer, then there should be a firm requirement that suitable. replacement. amenities be provided for the Town. It would appear that the Town of Vail is starting.a move away from previously.aecepted building design and scale standards and is inching ,towards new ones, perhaps typified by the current Crossroads proposal. We would urge much wider public input regarding the Town's design and scale intentions for new construction projects and some clearly stated declaration by the Town of Vail of such a change rather than having it made in not-clearly-discernable steps which are not initially apparent to all of our citizens. RE: .Crossroads Redevelopment Ordinance page 3 I wish to state, as.I have done all along since the introduction of the Crossroads redevelopment proposal well over a year ago:. we remain committed to working. with the Town of Vail, the .Crossroads. developer, and other interested citizens and citizens' groups to. find. an agreeable solution to the Crossroads redevelopment situation which will give us all a project which will fit in much better with the ~_ Town, retaining our village character while allowing desirable and needed growth. Respectfully submitted, D. Deane Hall, Jr. President, Board of Managers Village Inn Plaza, Phase III, Condominium Association,.. JM a n ~f~ _ Village Center Commercial Fred.Hibberd ~n / 400 N.W. Ridge Road Jackson, WY 83001 (307) 733-7327 Fax: (307) 733-1465 ^ . RE: .Crossroads East One, LLC Proposed Development fio: The Vail Town Planning & Environmental Commission 75 south Frontage Rd. Vail, Colorado Date: January 23, 2006 We would appreciate your review of the following prior to any recommendations for approval of the Crossroads Development project. References are made to architectural drawings and to the Memorandum addressed to the Planning & • Environmental Commission from the Community DevelopmentDepartment..Dated Apri125, 2005. ACTUAL BUILDING HEIGHT: There seems to be a difference of opinion on how high Crossroads would be. By seating and using the available drawings they show that the Retail Plaza Level in the South Elevation starts at 8,165.34 feet above sea level. The highest point on the ridge above proposed condominium units 74 & 75 is 8,278.91 feet above .sea level. The .difference is 113.57 feet. The Memorandum discusses in several places a maximum height of 99.9 feet historic grade. When a measurement is taken from top to bottom on the South elevation plan, Historic Grade or not, the building is 113.57 feet high. This is what would be seen when viewing from East '. Meadow Drive. Another comparison wouldbe One Willow Bridge Road currently under construction. Maximum height at the peak is 8,210 feet above sea level. In comparing the two, Crossroads would be 68.91 feet higher. Page 1 of 5 . ~ ~ i . ~. .. ,} ~ . ,_t On page 18 of the. Memorandum, height above 38 feet is indicated as a deviation from prescribed development standards. On page 20 of the Memorandum in the fourth paragraph line 7, the sentence says; Quote: "However, staff believes that the deviation in height is~offset by the development potential lost by proposing a 24,130 square foot public plaza (VaIl Village Master Plan recommends a public plaza in this location) and the other public benefits. Yet, there is no requirement in the Vail Village Master Plan to give away extra height. . .Building a 24,130 square foot public plaza should notbe a problem since 25% (28,782.25 sq. ft.) of the total . site area is to be left as open space, (page 18 of the Memorandum). The proposed structure is an additional 75.57 feet above the 38 feet allowed under Commercial Service Center caning. Even under SDD guide lines (page 20 of the Memorandum, paragraph S, line 11) it talks about, quote: (the recommended maximum height in the Master Plan of 78 feet). RECOMMENDATION: Set a Maximum Height Limitation at 78 Feet. GROSS RESIDENTIAL FLOOR AREA (GRFA): _ Crossroads is presently zoned CSC -Commercial Service Center. The maximum GRFA allowed for the 1 115,129 square foot site is 46,051.6 square feet. The applicant wishes to build 210;054 square feet -Residential Condominiums which is 4.5'6 times the 46,051.6 square feet currently allowed under CSC Zoning. The major flaw in the Special Development District (SDD) is how much to deviate from the prescribed development standards mentioned on page 18 of the memorandum. When the Austria House was bunt, the new GRFA allowed, was two times the current zoning and One WiIlow Bridge Road currently under construction is about the same. These two buildings do not endanger Vail's Character, but if they were twice the size, they most certainly would. This is where Crossroads as presently planned is breaching the scale of the other buildings in the neighborhood, Austria House, Village Center, One Willow Bridge Road, and Village Inn Phase III. RECOMMENDATION: Reduce the GRFA of 210,054 square feet to the same scale as the existing Page 2 of 5 neighborhood buildings -approximately 105,054 square feet. This still allows for an additional 60,000 square feet of commercial space and the required parking. DENSITY: Under the CSC zoning 18 units/acre or 47.5 dwelling units are allowed. However, it should be noted that the 47.5 DU cannot average larger than 969.9 square feet.each. The limitation is the 46,051.6 square feet GRFA; (Page 18, of the Memorandum). The average proposed square footage of the 75 Crossroads condominiums is 2800:72 sgtiare feet, 210,054 square feet divided by 75 units. By dividing the maximum GRFA allowed under CSC .46,051.6 by 2800.72, 16.44 units would be allowed and 75 DU are bein g reques ted, an a ddition al 58.5.6 units o r -164,0 02.4 square feet of bu ilding. RECOMMENDATION: With the average size of the proposed units at 2,800.72 sq. ft. times 37.5 units, the total condominium square footage would be 105;054 sq. ft This is mole than double the 4.6,051.6 square feet allowed under present zoning. ' SET BACKS: On page 18 of the Memorandum,.it talks about a 20-foot setback required on The Frontage Road, Westside, Eastside and Front Meadow Drive. and any change to allow building within the set backs constitutes, quote: deviations from the prescribed development standards. On the Frontage Road if the project is built as presently designed, it will have 10,000 plus sq. ft, of condominium encroachment within the North set back .line, 6,700 sq. ft. within the East and South East setbacks and 750 sq. ft. in.the South set back lines for a total of 17,450 sq. ft. RECOMMENDATION: To Reduce the Overall Mass, Density and Bulk, the Structure Cannot Encroach into the Twenty Foot Setbacks. Page 3 of 5 r - ~ ~ ~ LANDSCAPING: ~ It appears as though more landscaping is off the property and on public land than landscaping on the site. 20,025.8 square feet is.required under CSC Zoning and 12,200 square feet is provided for according to the plans. This is a large deficiency and the neighborhood should not be deprived of adequate landscaping from its new neighbors.. Landscaping is a huge component towards Vail's success. Of the landscaping off the property there are some troubling issues. On the East & South East side of the property, landscaping has been pushed outside the property lines into the public right-of--way. This, most certainly will affect traffic movement, especially large trucks h eaded to unload in the new One Willow Bridge Road project. The.plan.shows traffic having to make a 90' right hand turn in order to circum navigate the landscaping shown in the right-o f-way. 'RECOMMENDATION: The Town of Vail should not deplete its valuable right-0f--ways.. Traffic flow is an on going planning process and any land given up now is gone forever. !,. SUMMARY: Since the Vail Village Master Plan. recommends a public plaza. Some credit in extra condominium construction should be considered for this. What does not make sense is, to sacrifice a building of reasonable scale for one twice the size, for perceived public benefits. If, doubling the, size, is what the cost would be for the public benefits then the public benefits should be reduced or eliminated. Itis essential that the Character of Vail be preserved and this Character. cannot and should notbe for sale. Thank you for the opportunity to address this subject: VPTI/ Trnh, Vn„re 'The Master Plan does not attempt to add additional financial burdens upon the developer such as a skating rink Page 4 of 5 Page 5 of 5 January 23, 2006 Planning and Environmental. Commission Town of Vail 75 S, Frontage Road Vail, Colorado 81657 Dear Commission Members: Village Inn Plaza, Phase III; Condominium Association urges you to request changes in the current .Crossroads application because it fails to meet the threshold requirements set out in the Town Code. Our concerns are both .substantive and procedural. 1. FAILURE TO MEET TOWN CODE: The size, bulk, mass, height architecture and impacts of the project represent a substantial deviation-from the project footprint that normally would be permitted under the zoning.. code. The Association understands that some flexibility with respect to the zoning requirements must be present, and it also understands that the Town Code's provisions for special development districts is-the mechanism to provide such flexibility. However the enormous deviations required by the Crossroads project in its current design make it impossible for the project sponsor to meet two critical requirements. A. PROJECT INCOMPATIBILITY WITH SURROUNDING AREA: The size, bulk, mass, height, architecture and impacts~froin the project make it incompatible with the existing environment and surrounding neighborhood. For example, the building dwarfs and overshadows the building in which the Association members make their home. B. INSUFFICIENT PUBLIC BENEFITS: Nor are the deviations justified by the alleged pub- lic benefits that will be provided. When carefully examined the only true public improvement are the public delivery facility, the public restrooms, and the streetscape improvements. Neither the loss of development rights associated with the public plaza -which would have required an even greater deviation from the Zoning Code -nor the developer's pursuit of commercial enterprises that may , meet consumer demand in Vail are the type of public benefits that are sufficient to satisfy the special development district provisions set forth in the Town Code. 2. CONCLUSION: Compatibility with the existing neighborhood environment and the provision of POST OFFICE BOX 820 •. VAIL, COLORADO 81658 (970) 476-4501 • FAX (970) 476-4490 • E-MAIL: ANNREILLYBISHOP@COMCAST.NET Planning and Environmental Commission - January 23, 2006 page 2 sufficient and worthy public benefits are the two mechanism by which the Town Council must achieve a delicate balance between preserving the lifestyle created through the Town's Zoning Code and the need, in certain limited circumstances; to allow for deviations from the well-con- ceived Code in connection with the development of new projects. That balance has not been struck here. .RELIEF REQUESTED:-Until the Crossroads project. is substantially reduced in scope, the Association believes that it cannot meet, the compatibility and public benefit requirements neces- .nary for approval of the special development district code provisions. The Village Inn Plaza, -Phase III, Condominium Association requests that you deny the Crossroad .project's application and remand the matter back to tall with a direction to revisit and redesign the current project to reduce its size, height, bulk and mass.. Ann Reilly Bishop. %~ Handouts for ri'own Council Emergency Preparedness Presentation January 17, 2006 Roles and Resposibliites .During an Emergency CounciUMayor/Town Manager: • Assume ultimate responsibility to the individuals within the Town for the state of emergency preparedness. • Approval of resources and funds for incident or emergency purposes. • Formal declaration of a Town emergency or disaster. • Issuance of official orders or proclamations regarding population protection or -temporary social°restrictions "such as evacuation orders, establishment of curfew, and enactment of price controls. • Issuance of formal requests to the County Board of Commissioners, the Governor's Office (through Colorado DEM) for the declaration of a county and state emergency for the purposes of obtaining state and/or federal assistance. • Provide a representative with full decision-making authority for resources and funds to the County's MACC (Multi-Agency Coordinating Center) when requested. • The Town Manager will act as the Director of Emergency Management • Participation in emergency training and exercises. ANNEX F Disaster Declaration Process: (Note the last Town declared emergency was during the Sink Hole Incident on I-70) The effect a disaster declaration has on a local incident is to activate the response and recovery aspects of the Vail Emergency Operations Plan (EOP) plan and to authorize the furnishing and funding of assistance. A disaster declaration should be issued when resources in the Town of Vail are expected to be seriously depleted due to an emergency event. Official notification and declaration of the event by the Mayor and Director of Emergency Management to the County Commissioners is crucial to effective mutual-aid response from the state, federal, and local governments. Issuing a Declaration of Disaster is one of the most critical recommendations the EOC and Policy Group (Council and Town Manager) can make. By State Statute, only the Chairman of the Board of County .Commissioners may declare a disaster for Eagle County or by the Mayor of a municipality for that municipality. This declaration will expire in seven days if not ratified by the Board of County Commissioners as a whole. Local Disaster Declaration is necessary for extensive state or federal assistance. It is necessary for more than what a single. federal or state agency maybe able to provide " through_their local off ce; but isn't necessary fora 1"imited:number of resources: - ' Several key points need to be considered when a disaster declaration is issued: - According to State Statute, "A local disaster may be declared only by the principal executive officer of a political subdivision." In Vail this is the Mayor. The initial disaster declaration will expire in seven days without the consent of the Town Council as a whole. ' Emergency provisions affecting the administrative functions of the Town of Vail financial and administrative guidelines can be activated with the approval of a disaster declaration. ® Two copies of an approved and signed disaster declaration should be immediately forwarded to Eagle County. If the County Board of Supervisors also declares a disaster it will then be forwarded to the Colorado Division of Emergency Management. One of these copies will then be forwarded to the Governor by the Colorado Division-of Emergency Management. A blank Disaster Declaration form is located at the end of this chapter. A disaster declaration will place into effect, or rescind, Town guidelines that will ease the administrative burden that otherwise would delay life and property saving actions. Decision to Declare or Not: The indecision existing among Policy Group members regarding whether or not to declare a disaster is a good indication that a disaster declaration is a good idea. It is better to declare a disaster that isn't, than not to declare a disaster that is. It doesn't obligate the Political Subdivisions to anything specifically. The following is the established definition of a "Disaster" within this EOP: Disaster: Any event which threatens to, or actually inflicts, damage to people or property that CANNOT be dealt with using only internal Town and routine .mutual-aid resources:.. ~ _ __ Requesting State and Federal Assistance: It is the responsibility of the Policy Group to recognize the need for and formally request assistance from the county, state and federal governments. Formal assistance from the county, state or federal governments follows complex processes that usually require verification of damages, costs, needs, and financial condition. Individuals will be on hand prior to requesting this level of assistance that will provide us with detailed information regarding processes, paperwork, and types of assistance available at the time. These individuals will help walk Vail and Eagle County through this process: . When a local'disaster is formally declared by the Mayor,it will be forwarded_to the `County: and tleil.ori to the.Golorado Division ~f Etnergeiicy Nilriagemeiit; they will in . .. turn foi`ward it to the Governor of the state. Tlie Go~~ernor has the. option of declaring a localized statz disaster..and=may make a°request to the Federal Ei'iergencyMhiia`en~erit r ,. .,. ., r; ,,. i _. I. Agency (FEMA) Region VIII office in Denver. FEMA will then forward this request to Washington D.C. and FEMA will make a recommendation to the President of the United States. State Assistance: The Colorado Division of Emergency Management (CDEM) monitors all emergency situations that occur within the state and will provide assistance and consultation during an emergency. CDEM will send a representative (Steve Denny, CDEM Northwest Regional Liaison) to assist if requested and will be in contact with the Liaison Officer for the EOC. Before the state issues a request for assistance, their teams of response personnel will•gather information concerning the°extent of damage, type of assistance required, and the location of damages. Financial •assistance for disasters not related to wildland tire, search and ,rescue,activities, hazardous materials releases, and some other situations, will require the state to first review Vail and Eagle County's tnancial reports on file with the Department of Local Affairs. Precedence has been set in Colorado that the state will usually not provide reimbursement for insured financial losses or until the jurisdiction is close to exhausting all financial reserves. The state will provide the necessary information, forms, and personnel for helping Vail and Eagle County to request state .assistance. A state disaster will usually require 24 to 48 hours to process, depending on the severity of the incident. Federal Assistance: Only the State Governor or acting Governor may request assistance from the federal government. If the Governor is considering requesting federal assistance, state teams, in conjunction with FEMA will: • Survey affected areas to determine the extent of public and private damage. • Determine what types of federal disaster assistance is required. • Advise the regional FEMA director on the Town and County's eligibility for federal aid. In order for federal assistance to be implemented it first must be determined that "...the situation is of such severity and magnitude that effective response is beyond the capabilities of the state and the affected local governments and that federal assistance is necessary." If this condition is not met, federal assistance will not be available. A request for federal assistance may take several days or weeks to process Federal assistance is generally divided into two categories: assistance to individuals and assistance to state and local. governments: Assistance to°Individuals: This type, of'assistance is directed to the people and victims of the disaster. FEMA will. publicize: this information and open up tele=registrati'oii centers where individuals can call and apply for assistance. and get information on the following programs: • Alternative housing for disaster • Crisis counseling victims • Unemployment assistance • Family grants • Legal services • Loans to businesses • Agricultural technical assistance • Income tax relief and waivers Assistance to State and' Local` Governments: Following surveys by FEMA teams, the following types of assistance may be available to the governments in Eagle County: • Debris clearing from land or water • Repair of public buildings and utilities • Repair of roads & bridges utilities • Repair of recreational areas Several other federal programs may be used to help Vail and Eagle County with public restoration after a disaster. This type of assistance may take many forms. It may include low-interest loans to communities, use of federal equipment and machines, and assistance with public schooling costs. i ~~ lleclaration ~f Local Disaster (form) WHEREAS, the Town of Vail suffered serious damage to caused by which occurred on and WHEREAS, the cost and magnitude of responding to and recovering from the impact of excess of the Town of Vail's available resources. I S 111 NOW TEIEREFORE, BE IT, IT'S RESOLVED, that the Mayor of the Town of Vail, declares this to be a local disaster. I also understand that, according to Colorado State Statute, this disaster declaration will expire seven days from today, unless approved by the Town of Vail Town Council as a whole. Dated in Eagle, County, Colorado, this day of , 2U at hours. MAYOR OF THE Town of Vail Town Of V~1~ Continuity of Government L In accordance with CRS 24-32-2107(9), it is the intent of the Town of Vail Town Council that town government will continue to provide essential services in order to protect the public health, safety and welfare during an emergency or disaster event by distribution of these disaster chain of command- procedures and protocols. 2. During a declared emergency or disaster event, the following Town of Vail elected and appointed officials in the. succession, order, lsted,,have.the. _ .., authority to execute the powers of the council in accordance- with CRS 30-11- 107 and Town of Vail Charter Article XIII Section 13.5 i. Town Manager ii. Mayor iii. Mayor Pro Tem iv. Council Members by order of seniority on Council (total experience) v. Assistant Town Manager vi. Department Heads in the following order: 1. Police Chief 2. Public Works Director 3. Community Development Director 4. Fire Chief 5. Community Information Director 6. Human Resources/Risk Management Director 7. Finance Director 3. All Town of Vail department heads and elected officials shall be consulted regarding emergency..or disaster event issues that might impact their area of responsibility. 4. Each Town of Vail department head and elected official shall work within the framework established by the Town of Vail emergency operations plan. . 5. GENERAL RESPONSIBILITIES. The head of each Town department and elected office, as appropriate, shall: a. Be prepared to respond adequately to all emergency or disaster events. b. Consider potential emergency or disaster events in the conduct of his or her regular functions, particularly those functions essential in time of emergency. c. Design preparedness measures to permit a rapid and effective transition • from routine to emergency operations, and to, make effective use of the period following initial indication of a probable emergency or disaster events: This will inelide: 1. Development of a ystem of eniergeicy actions that defines ' alt natives roces or~disas ~ ~.~ ~ ~icitred during various ~ ..... p " sta es of emer~enc ses aild issues tc~ be cons' " ~:. , _ 5 .ter event; 6. 7 8. ii. Identification of actions that could he taken in the early stages ol~ a emergency or disaster event to mitigate the impact of or reduce significantly the lead times associated with full emergency action implementation d. Identify areas where additional legal authorities may be needed to assist management and notify the Town emergency manager of those authorities. e. Coordinate with County, State, other local government agencies and other organizations, including private sector organizations, when appropriate. f. Cooperate, to the extent appropriate, in compiling, evaluating, and eYChanging relevant data related to all aspects of emergency or disaster events. g. Ensure that plans consider the consequences for essential services provided by the town if the flow of County, State and/or Federal funds is disrupted. CONTINUITY OF OPERATIONS. The head of each town department and each elected official shall ensure the continuity of essential functions in any emergency or disaster event by providing for: succession to office and emergency delegation of authority in accordance with applicable law; safekeeping of essential resources, facilities, and records; and establishment of emergency operating capabilities. RESOURCE MANAGEMENT. The head of each town department and each elected official, as appropriate within assigned areas of responsibility, shall: a. Develop plans and programs to mobilize personnel, equipment, facilities, and other resources; b. Assess essential emergency requirements and plan forthe possible use of alternative resources to meet essential demands during and following emergency or disaster event. c. Prepare plans and procedures to share between and among the responsible agencies resources such as energy, equipment, food, land, materials, services, supplies, transportation, water, and workforce needed to carry out assigned responsibilities and other essential functions, and cooperate with other agencies in developing programs to ensure availability of such w resources in an emergency or disaster event PROTECTION OF ESSENTIAL RESOURCES AND FACILITIES. The head of each town department and each elected official, as appropriate within assigned areas of responsibility, shall: a. Identify facilities and resources, both government and private; essential to the public welfare, and assess their vulnerabilities and develop plans to provide for the security of such facilities and resources, and to avoid or minimize disruptions of essential services during any emergency or disaster event b. Participate in interagency activities to assess the relative importance of various facilities and-resources to°essential community needs and to integrate preparedness-arid response strategies and procedures. ICS ATN I. Introduction The Incident Command System is used to manage an emergency incident or a non-emergency event. It can be used equally well for both small and large situations. The system has considerable internal flexibility. It can grow or shrink to meet differing'needs`: This makes it`°a`very cost=effective and efficient management system. The system can be applied to a wide variety of emergency and non-emergency situations. Listed below are some examples of the kinds of incidents and events that can use the ICS: APPLICATI®NS F®It THE IJSE ®F THE IIoTCIDEI~TT C®1l~1VIAND S~'STEM • Pires, IIAZMAT, and multicasualty incidents • Multijurisdiction and multi-agency disasters • Wide-area search and rescue missions • Pest eradication programs • Oil spill response and recovery incidents • Single and. mulri=agency law enforcement incidents .. . • Air, rail;- water, or ground transportation accidents -Planned events; e.g:, celebrations, parades, concerts- • Private sector emergency management programs • State or local major. natural hazards management- . Application for the Use of the Incident Command System (Figure 1-2) ICS has a number of features which will be covered in this module. Major areas to be covered include: INCII)]ENT C® 11~AN SY~TEl~ ORGAlOTIZATION Incident Command . ....Information..:... , ' Safety Liaison Operations Planning Logistics Finance/ Section Section Section Admini stration ;, . Section ,~, Staging Areas ` ~ ~ Resources Service Branch Time Unit Unit Branches Air Operations ~ Communications Procurement I Branch Situation Unit Unit Divisions Unit & Air Suppoa-t Medical Unit ~'~ ,~ Compensation/ Groups Group Demobilization Claims Unit Unit Food Unit trike Teams Air Tactical Cost Unit & Group Documentation. . Snpport`Brancli,: •.- Task Forces Unit Supply Unit z ; _. _ Single ~ ` Resources Facilities Unit. ` :;~:~ `;: . . . Ground Support - ~:: ~,;~~_ `< , Unit Incident Command System Organization (Figure 1-1) ~~ `° ~~ °' ~: : ~• : • ' w=t ' lZeference 'TeXf(self paced) l-4 II. ICS Organization Every,,.incident or event-has. certain major..management activities or. actions that must be performed. Even if the event is very small, and only one or two people are involved, these activities will still always apply to some degree. s The organization of the Incident Command System is built around five major management activities. These are depicted in Figure 1-3. C®1VIIVIANI) SETS OBJECTIVES AND PRIORITIES, HAS OVERALL RESPONSIBILITY AT THE INCIDENT OR EVENT ------------------------------------------------------------------- ®PERATI®NS CONDUCTS TACTICAL OPERATIONS TO .CARRY, OUT THE PLAN DEVELOPS THE TACTICAL OBJECTIVES, ORGANIZATION, AND DIRECTS ALL RESOURCES PI.AIoTNII~IG DEVELOPS THE ACTION PLAN TO ACCOMPLISH THE OBJECTIVES, COLLECTS AND; EVALUATES :INFORMATION, 1VIAINTAINS RESOURCE STATUS . ~~ ,, , . L~®GISTICS PROVIDES SUPPORT TO MEET INCIDENT NEEDS, PROVIDES RESOURCES AND ALL OTHER SERVICES.NEEDED-T0 SUPPORT THE INCIDENT,:,... . FII~tANCE/~iD1VIINISTIIATION ._ -- MONITORS COSTS RELsATED T® INCIDENT, PROVIDES ACCOUNTING, PROCUREMENT, TIME RECORDING, AIVD COST .ANALYSES ~~ ;~ t.. . Inculent Command System,MajorActivties (Figure 1.,3), ,. ~; - .: 'These.-five" major management activities are the foundation upon which`the:: ICS organization develops. They: apply whether you are handling a routine emergency, ®rganizmg for a major event, or managing a major response to~ a~ :disaster. _ . ~ _ . - ~ Reference Text; (self paced} 1-6 ,, On small incidents, these major activities may all be managed by one person, the Incident Commander (IC). Large incidents usually require that they be set up as separate Sections within the organization as shown in Figure 1-4 below. Incident Command Operations I I Planning I I Logistics I I Finance/ Section Section Section Administra~ Section ICS Sections (Figure 1-4) ~~ Each of the primary ICS Sections may be sub-divided as needed. The ICS organization has the capability to expand or contract to meet the needs of the incident. A basic ICS. operating guideline is .that the person at the top of the ~ . organization is responsible until the authority is delegated to another person. Thus, on smaller situations where additional. persons are not required, the Incident Commander will directly manage all aspects of the incident organization. ,4_,~. Now we will look at each of the major functional entities of the ICS organization starting with the Incident Commander and the. Command Staff. A. Incident Commander and the Command Staff Incident CoYnanander The Incident Commander is the person in charge at the incident, and must be fully qualified to manage the incident. As incidents grow in size or become more complex, a more highly qualified Incident Commander- may be assigned by the responsible jurisdiction or agency. The Incident Commander may have.: one. or more. deputies from the same agency orfrom-other agencies or~urisdictions. Deputies: must, always be as qualified' as the person for whom they work.. The Incident Commander may_ assign; personnel for, both a Command: Staff and a General Staff. 'The Command Staff provides Information, Safety,` and Liaison services for the entire ,organization. The General Reference Text (self paced) 1.-7 Staff are assigned major functional authority for Operations, Planning, Logistics, and Finance/Administration. Initially; assigning tactical resources and overseeing operations will be under the direct supervision of the Incident Commander. As incidents grow, the Incident Commander may delegate authority for performance of certain activities to others as required. Taking over command at an incident always requires that there be a full briefing for the incoming Incident Commander, and notification that a change in command is taking.- place. C®rnynand Stafff In addition to ,the primary incident response activities of Operations, Planning, .Logistics, and Finance/Administration, the Incident Commander has ,:responsibility for several other important services. Depending on the size and type of an incident or event, it may be necessary to designate personnel to handle these additional activities. Persons filling these positions are designated as the Command Staff and are called Officers. The Command Staff is shown in Figure 1-5. There is only one Command Staff position for each of these functions. The Command Staff. does not have deputies. However, each of these ositions ma have..one or more assistants if ne p ys ,, , . - cessary. On large incidents or events,. it is not uncommon to see several assistants working -- ~ ;. _ . - - - - under- Command'Staff Officers. - - -- .. ~ = - . ., ~ .,. ,. ... 8~vlvl VllVt+ 1\+/1 {.-~vvu V6.LL ~.. \i~.. l'-V'.. 1`-" Lesson Overview What Is NIMS? NIMS Compliance On February 28, 2003, President Bush issued Homeland Security Presidential Directive-5. HSPD-5 directed the Secretary of Homeland Security to develop and administer a National Incident Management System. NIMS provides a consistent nationwide.template to enable all government, private-sector, and nongovernmental organizations to work together during domestic incidents. This lesson will describe the key concepts and principles of NIMS, and the benefits of using the system for domestic incident response. _At the end of this lesson, you should be able to describe these key concepts, principles, and benefits. NIMS is-a comprehensive, national approach to incident management that is applicable at all jurisdictional levels and across functional disciplines. The intent of NIMS is to: ^ Be applicable across a full spectrum of potential incidents and hazard scenarios, regardless of size or complexity. ^ Improve coordination and cooperation between public and private entities in a variety of domestic incident management activities. HSPD-5 requires Federal departments and agencies to make the adoption of NIMS by State and local organizations a condition for Federal preparedness assistance (grants, contracts, and other activities) by FY 2005. Jurisdictions can comply in the short term by adopting the Incident Command System. Other aspects of NIMS require additional development and refinement to enable compliance at a future date. Why Do We Need a Lessons learned from previous large-scale disasters point to a need for National Incident a National Incident Management System. Management System? Emergencies.occur_every.day somewhere in the United-Sates.- These emergencies are large and small and range from fires to hazardous materials incidents to natural and technological disasters. Each incident requires a response. ,Whether from different departments within the same jurisdiction, from mutual aid partners, or from State and Federal agencies, responders need to be able to work together, communicate with each other and depend on each other. Until now, there. are. been. no standards for dornestia incident response that reach across all levels of government and all response agencies. The events of September 11 have underscored the need for and importance of national standards for incident operations, incident communications, personnel qualifications, resource management, and information management and supporting technology. To provide standards for domestic incident response, President Bush signed HSPD-5. HSPD-5 authorized the Secretary of Homeland Security to develop the National Incident Management System, or NIMS. NIMS provides for interoperability and compatibility among all responders. i ,_ ~ ..I ~... ~ . NIMS Concepts and NIMS provides a framework for interoperability and compatibility by Principles balancing flexibility and standardization. ^ NIMS_proVides a flexible framework that facilitates government and private entities at all levels working together to manage domestic incidents. This flexibility applies to all phases. of incident management, regardless of cause, size, location, or complexity. ^ NIMS provides a set of standardized organizational structures, as well as requirements for processes, procedures, and systems designed to improve interoperability. NIMS Components NIMS is comprised of several components that work together as a system. to provide a national framework for preparing for, preventing, responding to, and recovering from domestic incidents. These components include: • Command and management. ^ Preparedness. ^ Resource management. ^ Communications and information management. ^ Supporting technologies. ^ Ongoing management and maintenance. Although these systems are evolving, much is in place now. Each of these components will be described on the pages that follow. Command and NIMS standard incident management structures are based on three key Management organizational systems: ^ The Incident Command System (ICS) defines the operating characteristics, management components, and structure of incident management organizations throughout the life. cycle of an incident ^ The Multiagency Coordination System, which defines the operating characteristics, management components, and organizational structure of supporting entities ^ The Public Information System, which includes the processes, procedures, and systems for communicating timely and accurate information.to the public during emergency situations Preparedness Effective incident management begins with a host of preparedness activities. These activities are conducted on a "steady-state" basis, well in advance of any potential incident. Preparedness involves a combination of: ^ Planning, training, and.exercises. ^ Personnel qualficatiori and certification standards. ^ Equipment acquisition and certification standards. ^ Publication nanagemerit processes and activities:. ®. Mutual aid ;agreements and Emergency. Management Assistance -.. ,_ , Compacts (EMACs) :: Lesson 1. -- - Self-Study Guide August 2004 • .. - Resource Management When fully implemented, NIMS will define standardized mechanisms and establish requirements for describing, inventorying, mobilizing, dispatching, tracking, and recovering resources over the life cycle of an _ _ .incident., Communications and NIMS identifies the requirements for a standardized framework for Information Management communications, information management, and information-sharing support at all levels of incident management. Supporting Technologies Ongoing Management and Maintenance Planning Activity • Incident management organizations must ensure that effective, interoperable communications processes, procedures, and systems exist across all agencies and jurisdictions. m.. information.rnanagementsyste.ms help ensure that,information.. flows efficiently through a commonly accepted architecture. Effective information management enhances incident management and response by helping to ensure that decisionmaking is better informed. Technology and technological systems provide supporting capabilities essential to implementing and refining NIMS. Examples include: ^ Voice and data communication systems. • Information management systems, such as recordkeeping and resource tracking. ^ Data display systems. Supporting technologies also include specialized technologies that facilitate ongoing operations and incident management activities in situations that call for unique technology-based capabilities. DHS established the NIMS Integration Center to provide strategic _. . direction and oversight in support of routine review and continual refinement of both the system and its components over the long term. Using the space below, write the three greatest benefits that your jurisdiction can gain from NIMS. . Lesson 1 _ Self-Study Gtude ' August 2004 . . ~ - Planning Activity E '`Feedback k ~. - t __. Lesson 1~.... ,• Compare your list of benefits to the list provided below. NIMS Benefits: Flexible framework that facilitates public and private entities at all levels working together to manage domestic incidents m Standardized organizational structures, processes, procedures, and systems designed to improve interoperability Standards for planning, training, and exercising Personnel qualification standards Equipment acquisition and certification standards Publication management processes and activities Interoperable communications processes, procedures, and systems e, Information management systems that use a commonly accepted architecture ® Supporting technologies, such as voice and data communications systems, information systems, data display systems, and specialized technologies More information about NIMS principles, concepts, and components is included in the National Incident Management System document, available at: www.dhs.qov/interweb/assetlibrary/N1MS-90-web.pdf. ,:~.; , , Self-Study_ Guide August 2004 . -~ - Memorandum To: Vail Town Council From: Gregg Barrie Department of Public Works Date: January 17, 2006 Re: Vail Whitewater Park 2006 Improvements Background • The Vail Whitewater Park was originally constructed in the fall of 2000, with the expectations that there would be "tweaks" required to make it fully effective. • The park has been moderately successful, although two of the features have filled in with cobble and are essentially non-existent at this time. • The third feature, located between the International Bridge and the pedestrian bridge is used during the Teva Mountain Games as a 'main event" rodeo hole due to its prominent location in Vail Village,.enjoying national television coverage. In addition, boaters often stop and play in this lower feature as they kayak down Gore Creek. However, the park has not been a "destination" park as originally anticipated. • Each year since 2000, with the exception of 2005, a line item has been included in the budget to make alterations to-the park. However, the pending revision of the FEMA Flood Insurance Rate Maps ('Floodplain Maps has prevented any work due to changes to the Base Flood Elevation (100-year Floodplain or'Floodplain Elevations in this area. • Now that the Floodplain Maps' are nearing completion, the Town has hired a consultant, RiverRestoration.org, to assist with the design of potential alterations to the park. The consultant performed hydraulic modeling work on this stretch of Gore Creek, and a synopsis of their findings is shown below. Note that final adoption of the new'Floodplain Maps' is likely 12+ months away. RiverRestoration.org Recommendations • The new'Floodplain Maps' show that the revised Floodplain Elevation is actually higher than the finished floor elevation of the ground floor of Village Center Building A. This is not a result of the construction of the original park, since the new'Floodplain Maps' are based on pre-water park topography. Fortunately, for Building A, there is a small berm that separates the creek from the building, therefore FEMA considers that Building A is not in the floodplain, however,-less than 7" separates the top of the berm and the 'Floodplain Elevation'. • Without getting into significant detail, the consultant does not recommend major physical changes to the river, such as reconstructing the existing features, without mitigation to protect Building A from potential flooding. Mitigation techniques could include a three foot tall flood wall or significantly increasing the berm size, neither of which are likely to be endorsed by Village Center. Adjustable Feature • The idea of a removable or adjustable feature was first discussed several years ago by Staff as a way to construct a great whitewater feature while reducing or eliminating the flood hazard that a traditional feature may create. • The idea is that the feature becomes non-existent during extremely high flows or in the possibility of flooding. During lower run-off years the adjustable feature ensures a wave during the event, and at the same time, extends the seasonal life of the park as runoff decreases. • The event organizers for the Teva Games had already used the idea during the low runoff years in 2002 and 2003 by placing sandbags and jersey barriers in the river for the event, and then removing them afterwards. Eventually,- boaters manually constructed small "wing walls" upstream of the pedestrian bridge to help direct the flow to the center of the river. • Any significant improvement to the park will likely include some type of adjustable or removable feature. This is the only way to negate the flood hazard created by an effective whitewater feature. • 'The proposed feature would consist of eight (8) six foot (6~ sections of carbon steel plates bolted to the existing concrete slab. (Aesthetic considerations and options are discussed below.) The plates could be raised and lowered using inflatable rubber bladders operated by a remote panel.. Please reference the attached drawings. • Because there are eight different panels, the feature would be highly adjustable. This serves many purposes including varying wave sizes and types, extending the seasonal life of the park, while not increasing the flood hazard. Other Water Park Work Installation of a "pegboard" for additional variable features (see attached photos) such as ,rail slides, ramps, and other obstacles. This adds versatility to the park allowing it to keep up with current kayaking trends, much like terrain parks in ski areas help to advance their sport. RiverRestoration.Org is researching the potential for these features to be manufactured by the kayaking industry, while the Town would simply construct the pegboard holes. Stabilize the stepped viewing area on the north bank between the two bridges. This creates an improved viewing area and an important eddy for kayakers using the feature Project benefits ~ • Eliminate increased flood hazard while creating a World Class whitewater feature in the heart of Vail Village • Supports Vail traditions of innovation, excellence, and World Class quality • With the construction of the Avon Whitewater Park and other parks across the country, this feature may ensure the continuation of the Teva Games in Vail • .High visibility for locals and guests • May return Vail's park to "destination" status • .Could host weekly local events with variable challenges for novice and expert boaters alike Current Unknowns There are several items which have not yet been completely addressed: If the Town Council determines that this project should proceed, the following will be addressed as part of final design. • Operations -who is responsible for the daily operation of the feature, as well as maintenance and upkeep of the equipment. • Aesthetics -there are several possibilities including painting or powder coating the panels, recessing the panels into the concrete slab so that they are virtually hidden when not,in use, or removing the panels altogether during the kayak off-season. • Safety -there are some underlying safety concerns that still need to be addressed by the supplier, such as system overrides and potential hooks and traps on the apparatus. Schedule • At this time, Staff hopes to begin installation of the alterations in the spring of 2006 to be completed for the 2006 Teva Mountain Games, and in conjunction with the Village Streetscape work on the Gore Creek Promenade. • However, the U.S. Army Corps of Engineers permitting process may push installation into the fall of 2006. Staff should have additional information for the Jan 17 Council Meeting. • Work on stabilizing the north bank would likely occur in the fall, regardless of permit concerns, due to high water considerations in the spring. Budget • The 2006 Budget currently includes $ 118,000 for the Whitewater Park Improvements RR.org Estimate o Adjustable Feature: $ 149,500 o Pegboard: $ 5,100 o Viewing area/eddy: $ 20,000 . o Permits, mob, etc: $ 27,500 o Subtotal: $ 202,100 0 20% contingency: $ 40,420 o Total Construction: $ 245,520 o Remaining Design $ 18,000 o Total Water Park $260,520 Action Requested by Council Staff is requesting the Council to provide direction as to whether to proceed with the final design and permitting for the Adjustable Feature and Pegboard. Staff would return to Council after soliciting bids for construction for a budget adjustment and contract approval. - N,~, < ~ F i d 3 ! 3 jj O ~ {~ N N F ' TOP OF GATE ELEVATION E + 3.f7 ~ u O I t~ W ~ #f# E R£MOVABIE ALI/MMIUId SHIELD PLATE, S WID£ STEEL GATE PANEL, PAINT SYSTEM SECTION WEIGHT= 1 t5 LBS ro eLENO vvlll+suRRDUKOaNG Env+RONAIENT ~ i /`I ~ 4 a s m ANCHOR BOLT. DRILL AND ~ UH'MW PDLYETHYLENE SN~LD RAIL O 1~1S7A1L 9' INTO EtlSTViG TYP {IB) PLACES ACROSS WIDTH Z CCdYCRETE USWD HILIi OF GORE GREEK ; HIT RESW ON EQUAL a I~ S8S ~ Q W< ~ ~ ~ ~~RESIRAINING STRAP ANCHOR BOLT TYP TWO PEN G WID£ GATE. DREL U g3 w ~ AIR BLADDER CONtiECTiON TYP B PLACES AND fNS7ALL G INTO EJUSTIidG CMJCRETE - ~ _ ? ~ ~ ~ ss ~" w U u m i ) ATTACH SHIELD RAIL USING O u ~ Z ~ ONE AIR SUPPLY PIPE REQUIRED FOR 1P.` 5S EXPANSION ANCt10RS p ~ e. ~ ^- EACH INDEPENDENT !T WIDE GATE ~ >- ~ m ~ W 3 z /~ ~ ( ( ` J ~ ~ ` ~ ~ ff 9CUE ycy~; ~~ tl'fS . h IP''$~ 3 ~8 C? 6 YAIL-IJDNSFiEAD U ~ s D5-I2/1-001 Pv~e fe~v~e~~fltev~natiue (~i~~or~r~(wiEti a~ucta~( h~a~~r C7~ilcrJ ~.~ q. ~`., ~~ Carbon Steel Face Plates 8 Sections Q Eft. Ea. ~,~~~Removable. Aluminum '~ Shield Plates 8 Sections ~ 6ft. Ea. ~; ~ ~ ~ Inflatable Bladde ~ ~- ~ `~ 8 sect. ~ 6ft. Ea. ~ o ~ . /~; . ;; . , c. ._ '~; , _±<.. r;` Holes for ` ~~~,-~' Adjustable Features `~: Feature ~jr,= ~'~ Rocks ~--~_.._..~ i~'; !/ 0 10 20 30 40 5U SCALE Pt._AN VIEW Photo Simulations of Adjustable Structure +~~~F ~, ~ r~ a~ t ~~ d FSY~i t .II :.,' ~~+- ~' ~ ~r~ .P .i ~ _ ,. ''V'N~~_ . ~~ ~ y ~u - - - -. Hwy i ~-,~~ r ; -a- _ ,. r ~ >J ~ ~ _ n ~ a ` t ,.i.~ i, -~ -u ~. - ~ ~~ w8~rr6.d~ f ~F. r ~ `~ r 1 T i ~~ .~ rF t• f S _ h ~ , t~til ~ ,:w it ,: w ~ ~( ;~ ti~ ~ 7 cl I Inflated Structure with river flowing at approximately 500 cfs "~ . _, .~ Deflated structure at low flow P y ~3aav~~~f~ustah~ S'tv~ucfure (l~tinns P~ B~Ur~~(a~ arr~2~ioss~i~~ ~eatures• Side abu :1:1:1111;nL' Details of adjustat~le feature slots Various 1'ea:ti[(:S - 75" dia, X Fi" ~luminum pipe ~~ f~' dia. aluminum him ~ ~''w%~!" dill. opening 1 (Ei[H~Xl2d brio CUntT6tC a IRI "below sur us:) I _~~ _, 4.0~ ..._ ~;;ii d[i:. b{II't', hole (dn](ed Inm L'Onl:ll:(e) Option of adjustable feature (I"laced un edge of channel, Channciises watt: Wwarti middlcl Option~c)1'adjustable Feature ~(~..11~ S~lLIC} f Examples of Slides Constructed for competitions i _ .., ,. ,~ . _ .. .. "-^~'-~'j-- L ~,. ~ ~. ~y ~ ~ ~ ~ i:~~~. ~ ~~ ` _._ ~--. t~~-, -~ ~~ IW ~: ~~ ~! ~._ ~.~. ~,~ ,. ~~ a .. t:'' ~ -Ta R ''~ ~ Niemorandurn To: Vail Town Council From:. Gregg. Barrie- Department of Public Works Date: January 17, 2006 Re: Gore Creek Promenade Pedestrian Bridge Background In January of 2002, Staff presented multiple options to the Town Council regarding the existing pedestrian bridge at the Gore Creek Promenade. The 8 Options ranged from full replacement to full`removal'of:the"bridge: Af the time; the Council'recomiiiended°replacing the bridge while reusing the existing abutments and an engineering firm was hired to complete construction drawings for the project. The recommendation for replacement was based on three criteria: 1) The capacity of the existing bridge is well below standard ratings 2) The bridge would be required to carry mainlines for the Village snowmelt system 3) The removal of the bridge was required for construction access for whitewater park improvements However, from the time when the recommendation was made in 2002, it has been determined that the Village snowmelt system does not require the installation of snowmelt mainlines across this bridge. In addition, the recommended improvements to the Whitewater Park no longer require removal of the bridge for construction access. Therefore, the decisiori to replace the bridge is likely based on the loading capacity of the existing bridge. Loading Capacity Because the original design and loading- criteria of the existing bridge is unknown, an estimated load limit was determined based on typical "twin-tee" construction. It is estimated that the bridge can safely carry approximately 30 pounds per square foot, or approximately 50 people. Based on current bridge loading standards shown below, the existing bridge is significantly underrated. Standard pedestrian bridge live loading criteria: Standard: 85 Ibs/sf High: 100 Ibs/sf The existing bridge is in relatively good condition and in no danger of collapsing under typical daily loads. Access to the bridge. has typically been. restricted= during Special `Events such as the Duck Race and..the Teva Mountain'Games in order to avoid overloading, ,however, this continues. to` be.diffcult. ,In addition, if the improvements to the whitewater park.move forward,. the .. . potential for overloading mcreases`~as the bridge is.a prime viewing spot for spectators. _,. Art In 2003, AIPP selected an artist to design an artistic railing for the bridge. At the January 12, 2006 AIPP meeting, the board confirmed that decision with a $25,000 commitment towards the artistic portion of the rail. That.commitment_is_indicated in the_cost estimate.shown below. . Scheduling If the decision is made to replace the bridge in the near future, construction should be coordinated with the Village Streetscape work on the Gore "Creek Promenade, which is currently scheduled for this coming spring. This would minimize construction impacts to adjacent businesses. It is estimated that the project could be completed in 3 to 4 weeks. Budget. ,:. .. ... ... r :, . ,,: StafF has received a=:proposal for:-the work, and is currently:contactmg~.additional contractors for pricing. The following is based on an actual proposal, however StafF is confident that with additional bidding and value engineering that the price can be reduced. The 2006 Budget currently includes $ 125,000 for the Bridge Replacement Project Estimate: • Bridge Construction: $ 280,000 • AIPP Railing Estimate: $ 25,000 • Remaining Engineering: $ 15,000 • Total Bridge: $ 32®,®0® Action ~tequested by Council Staff is requesting the Town Council provide direction as to whether or not to proceed with the bridge replacement project in conjunction with this spring's Village Streetscape work. • Staff will return to the Council for approval of a revised project budget in the near future • .Staff will return to the Council for approval of a construction contract..... _ . _. __ ORDINANCE NO. 1 Series of 2006 AN ORDINANCE VACATING A CERTAIN PART OF THE SYSTEM OF PUBLIC WAYS OF THE TOWN OF VAIL, COLORADO, I.E., A PARCEL OF LAND LOCATED WITHIN CHUTE ROAD RIGHT-OF-WAY, LOT P-3, VAIL VILLAGE FIFTH FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO AS RECORDED MARCH 17, 2004, AT RECEPTION NUMBER 871030 AT THE EAGLE COUNTY CLERK AND RECORDER; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), acting through its applicable departments and agencies, including the Director of Public Works and the Director of Community Development, have found and determined that the public use, convenience and necessity no longer require within its system of public ways that certain portion of public right-of-way legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Vacated Wad'), which Vacated Way constitutes a portion of ,land located within Chute Road right-of-way, Lot P-3, Vail Village Fifth Filing, Town of Vail, County of Eagle, State of Colorado as recorded March 17, 2004, at Reception No. 871030; and WHEREAS, the purpose of the vacation contemplated by this ordinance is to transfer that vacated portion of right-of-way described herein to the adjoining land owner, the Mill Creek Court Condominium Association (the "Association"); and WHEREAS, in addition to this vacation ordinance, the transfer of the Vacated Way shall also be subject to the applicable terms of a bargain and sale deed to be executed and delivered by the Town to the Association and confirming the vesting of title to the Vacated Way in the Association (hereinafter the "Vacation Deed"). NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Vacated Way, as legally described on Exhibit A attached hereto, is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail. Section 2. In accordance with the laws of the State of Colorado, title to and ownership of the Vacated Way shall vest in the Association, which is the owner of the real properties abutting the Vacated Way. By way of confirmation of and without limiting, the effect of the foregoing, the Town of Vail shall proceed. to execute _ and deliver. to the .Association the Vacatort 'Deed which, among other things, shall eJidence .the`vesting of title in the Vacated-Way: mthe Association. Town Council hereby_authonzes and directs the Town Manager, on behalf of the Town of Vail, to execute and detive~. the Vacation Deed to the Association' confaining such ~te~ms ahd provisions as the Town ;. .. Manager, after'consultation with-the Town Attorney,. considers to be necessary or appropriate in ..: ~ . furtherance of this Ordinance: OrdinanceNo. 1, Series of 2006 1 Section 3. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalids such decision shall not affect 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, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, 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. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 17th day of January, 2006. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 7th day of February, 2006, at 6:00 P.M., in the Municipal Building of the Town of Vail. Rodney E. Slifer, Mayor, __ ATTEST: Lorelei Donaldson, Town Clerk EXHIBIT ~- Legal Description A PARCEL OF LAND LOCATED WITHIN CHUTE ROAD RIGHT-OF-WAY ,LOT P-3, VAIL VILLAGE FIFTH FILING, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO AS RECORDED MARCH 17, 2004 AT RECEPTION NUMBER 871030 AT THE EAGLE COUNTY CLERK AND RECORDER MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT P-3, VAIL VILLAGE FIFTH FILING; WHENCE THE SOUTHWEST CORNER OF LOT P-3, VAIL VILLAG FIFTH VILING BEARS S06°01'05"W A DISTANCE OF 72.66 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE NORTH LINE OF SAID LOT P-3, VAIL VILLAGE FIFTH FILING, 13.81 FEET ALONG AN ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 1°21'37", A RADIUS OF 581.70 FEET, AND A CHORD WHICH BEARS S 83°51'40" E, A DISTANCE OF 13.81 FEET; THENCE S 13°07'19" W A DISTANCE OF 30.77 FEET; THENCE S 06°01'05" W A DISTANCE OF 31.13 FEET; THENCE S 21°04'21" W A DISTANCE OF 10.19 FEET; THENCE 7.44 FEET ALONG AN ARC .OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 3°36'48", A RADIUS OF 117.98 FEET, AND A CHORD WHICH BEARS S 87 20 38 W, A DISTANCE OF 7.44 FEET TO THE SOUTHWEST CORNER OF SAID LOT P-S, VAIL 'VILLAGE FIFTH FILING; THENCE ALONG THE WEST LINE OF SAID LOT P-3, VAIL VILLAGE FIFTH FILING , N 06°01'05" E A DISTANCE OF 72.66 FEET; TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.018 ACRES MORE OR LESS. ORDINANCE N0.2 SERIES OF 2006 AN ORDINANCE AMENDING SECTION 12-2-2 DEFINITIONS OF WORDS AND TERMS, CHAPTER .4, SECTION 12-4-1, DESIGNATED, AND SECTION 12-10-10 PARKING REQUIREMENTS SCHEDULES, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town of Vail Community Development has submitted an application for a text amendment to Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district; Section 12-2-2, Definitions, Vail Town Code; Section12-1.0-10(B), Parking Requirements Schedule, Vail Town Code; and setting forth details in regard thereto; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; and, WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and, r WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of these amendments at its January 9, 2006, public hearing and has submitted its recommendation of approval 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 outlined in Section 12-1-2, Purpose, Vail Town Code; 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 Ordinance No. 2, Series of 2006 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: Section 1. The purpose of this ordinance is to amend Chapter 4, Districts Established, Section 12-4-1, Designated,' Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district; to amend the definitions of the terms "accommodation unif, limited service lodge unit, limited service lodge, kitchen facilities, and kitchenette'; to amend the parking requirements for limited service lodge unit", and setting forth details in regard thereto. . Section 2. Section 12-2-2 Definitions of Words and Terms, Chapter 4, Section 12-4-1, Designated, and Section 12-10-10 Parking Requirements Schedules, Vail Town Code, shall hereby be amended as followings: (deletions are shown in and additions are shown in bold) Section 12-2-2 Definitions of Words and Terms: Lodge Unit, Limited Service: Any room or group of rooms with kitchen facilities, as defined herein, in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to Chapter 13, Subdivision Regulations, Vail Town Code. Lodge, Limited Service: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of visitors, guests, individuals, or families, on a short term rental basis, in limited service lodge units or any combination of accommodation units, limited service lodge units, fractional fee club units, or ,dwelling units in which the gross residential floor area devoted to accommodation units, limited service lodge units, and fractional fee club units is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which ,all such units are operated under a single management providing the occupants thereof customary lodge services and facilities. ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities, as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation unit is not ir,-tended for permanent residency and shall not be subdivided into an individual r Ordinance No. 2, Series of 2006 2 condominium unit, pursuant to Chapter 13, Subdivision Regulations, Vail Town Code .._.....,, ..,.....,.,.,...., ..,,.,v . r KITCHEN FACILITIES: Fixtures and equipment for food storage and preparation of meals, including a sink, stove, oven or microwave oven, and fe#r~ger~tiet~ refrigerator and food storage facilities. KITCHENETTE: A room containing ^^+'°~~ +~^^ the.following fixtures.and appliances only: a microwave oven ,sink, and refrigerator. Chapter 4, Districts Established Section 12-4-1 Designated: CHAPTER 7 Commercial and Business Districts Article J. PUBLIC ACCOMMODATION - 2 (PA-2) DISTRICT 12-7J-1: PURPOSE: The public accommodation -2 district is intended to provide sites for lodges, limited service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may. be appropriately located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the .desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. 12-7J-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, .porch, or terrace. Limited service lodge. 12-7J-3: CONDITIONAL USES: The i~ollowing conditional, uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Ordinance No. 2, Series of 2006 3 Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%). of the total gross residential floor area of the buildings, grounds and facilities. Public or commercial parking facilities or structures. r Public transportation terminals. Public utility and public service uses. Theaters and convention facilities. Type III employee housing units as provided in chapter 13 of this title. 12-7J-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. - Other uses customarily incidental and accessory to permitted or conditional uses, and rilecessary for the operation thereof. 12-7J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. 12-7J-6: SETBACKS: In the. PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be.twenty feet (20'). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (section 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: A.Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B.Pr~posed building setbacks will provide adequate availability of light, air and open space. Ordinance No. 2, Series of 2006 4 C.Proposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D.Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 12-7J-7: HEIGHT: For a.;flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45').'For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). 12-7J-8: DENSITY CONTROL: Up to one hundred fifty (150) square feet of gross residential floor area (GRFA) maybe permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be. made by the planning and environmental commission in accordance with section 12-7A-12 of this article. Specifically, in determining allowable gross residential floor area the planning and environmental commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Comprehensive Plan. Total'density shall not exceed twenty five (25) dwelling units peracre of buildable site area. Forthe purposes of calculating density, employee housing units, limited service lodge units, accommodation units and fractional fee club units shall not be counted towards density (dwelling units per acre). A dwelling unit in amultiple-family building may include one or more attached accommodation units. 12-7J-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total site area. Final determination of allowable site coverage shall be made by the planning and .environmental commission and/or the design review board in accordance with section 12-7A-12 of this article. Specifically, in determining allowable site coverage the planning and environmental commission and/or the design review board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Comprehensive Plan: 12-7J-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-7J-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and Ordinance No. 2, Series of 2006rJ k drop ~ff shall be permitted in the required front setback subject to the approval of the planning and environmental commission and/or the design review board. 12-7J-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review. Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, limited service lodge units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed bythe planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this title. Complete applications for major exterior alterations shall be submitted in accordance with administrative schedules developed bythe department of community development for planning and.environmentalcnmmission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent .requirements of the condominium association's declarations. 2. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or. modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the subrY~ission of additional plans, drawings, specifications, samples and other materials if deemed necessary to properly evaluate the proposal. 3. Work Sessions/Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. 4. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title.. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative Ordinance No. 2, Series of 2006 6 extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 12-75-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, and that the proposal does not otherwise have a significant negative effect on the character. of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail comprehensive plan. 12-7J-14: MITIGATION OF DEVELOPMENT IMPACTS: r Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tractfbank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce substantial off site impacts. Section 12-10-10 Parking Reauirements Schedules: B. Schedule B applies to all properties outside Vail's "commercial core areas" (as defined on the town of Vail core area parking maps I and II, incorporated by reference and available for inspection in the office of the town clerk): Use Accommodation unit (includes time- share units, fractional fee units, and other forms of interval ownership units) Banks and financial institutions Eating and drinking establishments i Hospitals Limited service lodge unit Parking Requirements 0.4 space per accommodation unit, plus 0.1 space per each 100 square feet of gross residential floor area, with a maximum of 1.0 space per unit 1 space per 200 square feet of net floor area 1 space per 120 square feet of seating floor area 1 space per patient bed, plus 1.0 space per 150 square feet of net floor area 0.7 spaces per limited service lodge unit Ordinance No. 2, Series of 2006 7 n Medical and dental offices Multiple-family dwellings Other professional and business offices Quick service food/convenience stores Recreational facilities, public or private Retail stores, personal services and repair shops Single-family and two-family '' dwellings 1 space per 200 square feet of net floor area If a dwelling unit's gross residential floor area is 500 square feet or less: 1.5 spaces If a dwelling unit's gross residential floor area is more than ,500 square feet, but less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more: 2.5 spaces 1 space per 250 square feet of net floor area 1.0 space per each 200 square feet of net floor area for the first 1,000 square feet of net floor area: 1.0 space per 300 square feet for net floor area above 1,000 square feet Parking requirements to be determined by the planning and environmental commission 1 space per each 300 square feet of net floor area If a dwelling unit's gross residential floor area is less than 2,000 square feet: 2 spaces If a dwelling unit's gross residential floor area is 2,000 square feet or more, but less than 4,000 square feet: 3 spaces If a dwelling unit's gross residential floor area is 4,000 square feet or more, but less than 5,500 square feet: 4 spaces If a dwelling. unit's gross residential floor area is 5,500 square feet or more: 5 spaces Theaters, meeting rooms, convention facilities 1 space per 120 square feet of seating floor area Any use not listed Parking requirements to be determined by the planning and environmental commission 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 Ordinance No. 2, Series of 2006 $ 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 commended 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. Ordinance No. 2, Series of 2006 9 r INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of January, 2006, and a public hearing for second reading of this Ordinance set for the 7th day of February, 2006, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. .Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND. READING AND. ORDERED PUBLISHED IN FULL this 7th day of February, 2006. . Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 2, Series of 2006 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 9, 2006 SUBJECT: A request for a recommendation to the Vail Town Council of a text amendment to Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. (PEC05-0079) Applicant: Town of Vail Planner: George Ruther I. SUMMARY The applicant appeared before the Town of Vail Planning & Environmental Commission on November 14 and 28, and December 12, 2005, to discuss a text amendment to Title 12, Zoning Regulations, Vail Town Code. As a result of the three previous worksession meetings, the Commission directed staff to prepare a text amendment to the Zoning Regulations creating a new zone district which allows for the development of a "lodge" containing "accommodation units with kitchen facilities". The purpose of this public hearing is to present the proposed text amendment creating the new zone district for the Commission's consideration. Staff is recommending that the Planning & Environmental Commission forwards a recommendation of approval of the proposed text amendment to the Vail Town Council. 11. DESCRIPTION OF THE REQUEST The Town of Vail Community Development Department is proposing a text amendment to Chapter 4, Districts Established, Section 12=4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto. This amendment has been initiated in response to a request to allow kitchen facilities, as further defined in Title 12 of the Vail Town Code, to be located within accommodation units in certain non-commercial core areas of Town. As proposed, the new zone district differs from the Public Accommodation (PA) district in several ways. A list of the general distinctions includes: 1: Allows "kitchen facilities" to be located within accommodation units 2. Establishes "limited service lodges" as a permitted use in the district 3. Intended for sites located outside periphery of the Town's Vail Village and Lionshead commercial core areas. 4. Contains a shorter list of allowable conditional uses A list of the similarities with the Public-Accommodation (PA) district includes: •, 1. Maintains the same development standards (i.e., setbacks, height, site coverage, etc.) 2. Continues to allow for accommodation units without kitchen facilities 3. Continues. to require for the mitigation of development impacts The proposed amendments are as follows: CHAPTER 7 Commercial and Business Districts Article J. PUBLIC ACCOMMODATION - 2 (PA-2) DISTRICT 12-7J-1: PURPOSE: The public accommodation -2 district is intended to provide sites for lodges, limited . service lodges, and residential accommodations on a short term basis, for visitors and guests, together with such public and semipublic facilities and commercial/retail and related visitor oriented uses as may be appropriately located within the same district and compatible with adjacent land uses. This district is intended to provide for lodging sites located outside the periphery of the Town's Vail Village and Lionshead commercial core areas. The public accommodation - 2 district is intended to ensure adequate light, air, open space, and other amenities commensurate with lodge uses, and to maintain the desirable resort qualities of the district by establishing appropriate site development standards. Additional nonresidential uses are allowed as conditional uses which enhance the nature of Vail as a vacation community, and where permitted uses are intended to function compatibly with the high density lodging character of the district. 12-7J-2: PERMITTED USES: The following uses shall be permitted in the PA district: Lodges, including accessory eating, drinking, or retail establishments located within the principal use and not occupying more than ten percent (10%) of the total gross residential floor area of the main structure or structures on the site; additional accessory dining areas may be located on an outdoor deck, porch, or terrace. Limited service lodge.. 12-7J-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Bed and breakfast, as further regulated by section 12-14-18 of this title. Fractional fee club units as further regulated by subsection 12-16-7A8 of this title. Lodges, including accessory eating, drinking, or retail establishments located within the principal use and occupying between ten percent (10%) and fifteen percent (15%) of the total gross residential floor area of the buildings, grounds and facilities. Public or commercial parking facilities or structures. 2 Public transportation terminals. Public utility and public service uses. Theaters and convention facilities. Type.;III employee housing units as provided in chapter 13 of this title. 12-7J-4: ACCESSORY USES: The following accessory uses shall be permitted in the PA district: Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of section 12-14-12 of this title. Meeting rooms. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted lodge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7J-5: LOT AREA AND SITE DIMENSIONS: The minimum lot or site area shall be ten thousand (10,000) square feet of buildable area and each site shall have a minimum frontage of thirty feet (30'). Each site shall be of a size and shape capable of enclosing a square area eighty feet (80') on each side within its boundaries. 12-7J-6: SETBACKS: In the PA district, the minimum front setback shall be twenty feet (20'), the minimum side setback shall be twenty feet (20'), and the minimum rear setback shall be twenty feet (20'). At the discretion of the planning and environmental commission and/or the design review board, variations to the setback standards outlined above may be approved during the review of exterior alternations or modifications (section 12-7A-12 of this article) subject to the applicant demonstrating compliance with the following criteria: A.Proposed building setbacks provide necessary separation between buildings and riparian areas, geologically sensitive areas and other environmentally sensitive areas. B.Proposed building setbacks will provide adequate availability of light, air and open space. C.l'roposed building setbacks will provide a compatible relationship with buildings and uses on adjacent properties. D.Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. 3 i~ 12-7J-7: HEIGHT: For a flat roof or mansard roof, the height of buildings shall not exceed forty five feet (45'). For a sloping roof, the height of buildings shall not exceed forty eight feet (48'). 12-7J-8: DENSITY CONTROL: Up to one hundred fifty (150) square .feet of gross residential floor area (GRFA) may be permitted for each one hundred (100) square feet of buildable site area. Final determination of allowable gross residential floor area shall be made by the planning and environmental commission in accordance with section 12-7A-12 of this article. Specifically, in determining allowable gross residential floor area the planning and environmental commission shall make a finding that proposed gross residential floor area is in conformance with applicable elements of the Vail Comprehensive Plan. Total density shall not exceed twenty five (25) dwelling units per acre of buildable site area. For the purposes of calculating density, employee housing units, limited service lodge units, accommodation units and fractional fee club units shall not be counted towards density (dwelling units per acre). A dwelling unit in amultiple-family building may include one or more attached accommodation units. 12-7J-9: SITE COVERAGE: Site coverage shall not exceed sixty five percent (65%) of the total site area. Final determination of allowable site coverage shall be made by the planning and environmental commission and/or the design review board in accordance with section 12-7A-12. of this article. Specifically, in determining allowable site. coverage the planning and environmental commission and/or the design review board shall make a finding that proposed site coverage is in conformance with applicable elements of the Vail Comprehensive Plan. 12-7J-10: LANDSCAPING AND SITE DEVELOPMENT: At least thirty percent (30%) of the total site area shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen feet (15') with a minimum area not less than three hundred (300) square feet. 12-7J-11: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least seventy five percent (75%) of the required parking shall be located within the main building or buildings and hidden from public view. No at grade or above grade surface parking or loading area shall be located in any required front setback area. Below grade underground structured parking and short term guest loading and drop off shall be permitted in the required front setback subject to the approval of the planning and environmental commission arid/or the design review board. 4 12-7J-12: EXTERIOR ALTERATIONS OR MODIFICATIONS: A. Review Required: The construction of a new building or the alteration of an existing building shall be reviewed by the design review board in accordance with chapter 11 of this title. However, any project which adds additional dwelling units, accommodation units, fractional fee club units, limited service lodge units, any project which adds more than one thousand (1,000) square feet of commercial floor area or common space, or any project which has substantial off site impacts (as determined by the administrator) shall be reviewed by the planning and environmental commission as a major exterior alteration in accordance with this chapter and section 12-3-6 of this.title. Complete applications for major exterior alterations shall be submitted in accordance with . administrative schedules developed by the department of community development for planning and environmental commission and design review board review. The following submittal items are required: 1. Application: An application shall be made by the owner of the building or the building owner's authorized agent or~representative on a form provided by the administrator. Any application for condominiumized buildings shall be authorized by the condominium association in conformity with all pertinent requirements of the condominium association's declarations. 2. Application; Contents: The administrator shall establish the submittal requirements for an exterior alteration or modification application. A complete list of the submittal requirements shall be maintained by the administrator and filed in the department of community development. Certain submittal requirements may be waived and/or modified by the administrator and/or the reviewing body if it is demonstrated by the applicant that the information and materials required are not relevant to the proposed development or applicable to the planning documents that comprise the Vail comprehensive plan. The administrator and/or the reviewing body may require the submission of additional plans, drawings, specifications, samples and other materials if. deemed necessary to properly evaluate the proposal. 3. Work Sessions/.Conceptual Review: If requested by either the applicant or the administrator, submittals may proceed to a work session with the planning and environmental commission, a conceptual review with the design review board, or a work session with the town council. 4. Hearing: The public hearing before the planning and environmental commission shall be held in accordance with section 12-3-6 of this title. The planning and environmental commission may approve the application as submitted, approve the application with conditions or modifications, or deny the application. The decision of the planning and environmental commission may be appealed to the town council in accordance with section 12-3-3 of this title. 5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall lapse and become void three (3) years following the date of approval by the design review board unless, prior to the expiration, a building permit is issued and construction is commenced and diligently pursued to completion. Administrative extensions shall be allowed for reasonable and unexpected delays as long as code provisions affecting the proposal have not changed. 5 12-7J-13: COMPLIANCE BURDEN: It shall be the burden of the applicant to prove by a preponderance of the evidence before the planning and environmental commission and the design review board that the proposed exterior alteration or new development is in compliance with the purposes of the public accommodation zone district, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the.Vail comprehensive plan. 12-7J-14: MITIGATION OF DEVELOPMENT IMPACTS: Property owners/developers shall also be responsible for mitigating direct impacts of their development on public infrastructure and in all cases mitigation shall bear a :reasonable relation to the development impacts. Impacts may be determined based on reports prepared by qualified consultants. The extent of mitigation and public amenity improvements shall be balanced with the goals of redevelopment and will be determined by the planning and environmental commission in review of development projects and conditional use permits. Substantial off site impacts may include, but are not limited to, the following: deed restricted employee housing, roadway improvements, pedestrian walkway improvements, streetscape improvements, stream tract/bank restoration, loading/delivery, public art improvements, and similar improvements. The intent of this section is to only require mitigation for large scale redevelopment/development projects which produce. substantial off site impacts. fnllnuiinn +F~o effon+ivo rl~++o heronf ~ minima im of ~o von+v nornon+ /7110/ 11,f +F,o .~rlrlerl r ~~1 7_1 ~. _~. of ++~ic +i+lo The following new definitions are proposed: SECTION 12-2-2, DEFINITIONS: Lodge Unit, Limited Service: Any room or group of rooms with kitchen facilities, as defined herein, in a limited service lodge which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. A limited service lodge unit is not intended for permanent residency and shall .not be subdivided into an individual condominium unit, pursuant to Chapter 13, Subdivision Regulations, Vail Town Code. h Lodge, Limited Service: A building or group of associated buildings designed for occupancy primarily as the temporary lodging place of visitors, guests, individuals, or families, on a short term rental basis, in limited service lodge units or any combination of accommodation units, limited service lodge units, fractional fee club units, or dwelling units in which the gross residential floor area devoted to accommodation units, limited 6 service lodge units, and fractional fee club units is equal to or greater than seventy percent (70%) of the total gross residential floor area on the site, and in which all such units are operated under a single management providing the occupants thereof customary lodge services and facilities. ACCOMMODATION UNIT: Any room or group of rooms without kitchen facilities, as defined herein, which are designed for temporary occupancy by visitors, guests, individuals, or families on a short term rental basis, and accessible from common corridors, walks, or balconies without passing through another accommodation unit, limited service lodge unit, fractional fee club unit or dwelling unit. An accommodation unit is not intended for permanent residency and shall not be subdivided into an individual condominium unit, pursuant to Chapter 13, Subdivision Regulations, Vail Town Code. KITCHEN FACILITIES: Fixtures and equipment for food storage and preparation of meals, including a sink, stove, oven or microwave oven, and refri,~,T,~;~ refrigerator and food storage facilities. KITCHENETTE: A room containing no~~~ ",^~^, the following fixtures and. appliances only: a microwave oven ,sink, and refrigerator. BACKGROUND A review of the Town's files and records clearly identifies the intent of the existing regulations regarding accommodation units and the prohibition against allowing accommodation units to contain "kitchen facilities". The files show that the legislative intent behind the current regulation is to: 1) discourage long-term occupancy of what are intended to be short-term rental units; 2) prevent the likelihood of ,the sale of accommodation units as dwelling units; 3) encourage visitors and guests to frequent the many eating and drinking establishments in the town during their stay in Vail; and 4) ensure compatibility amongst surrounding land uses. A further review of the Town's files shows that the existing language pertaining to definitions of accommodation units, dwelling units, kitchen facilities and kitchenettes has remained unchanged since their adoption in 1973. The only recent and notable amendment to the regulation of accommodation units came in the late 1990's when the development standards for density were amended and accommodation units were no longer counted towards density. Finally, a review of the other resort communities' regulations pertaining to kitchen facilities within hotel rooms reveals a wide range of approaches. For example, the City of Aspen Land Development Regulations, by definition, permits kitchens within individual hotel rooms in a hotel or lodge while the Town of Breckenridge Land Development Code states that "no kitchens of any kind are permitted within the units" of hotel, lodges or inns. On November 14 and 28, 2005, the applicant appeared before the Planning & Environmental Commission with a request to amend the text of the Public Accommodation (PA) zone district to allow accommodation units to include kitchen facilities,. as a conditional use in the district. Upon consideration of the request, the 7 .~ IV. Commission directed staff and the applicant to prepare an amendment which would . result in the creation of a new zone district purposefully intended to allow accommodation units to include kitchen facilities in certain areas of Town. On December 6, 2005, during the PEC/DRB update to the Vail Town Council, staff informed the Town Council of the recent discussions with the Planning & Environmental Commission regarding the text amendment and the creation of a new zone district. The Town Council acknowledged that the intent of the proposed text amendment may have merit, however, encouraged the staff and Commission to evaluate other options. For example, the possibility of creating a conditional use with use-specific criteria addressing the relationship of the use to other neighboring uses and development objectives of the Town or the elimination of the prohibition against kitchen facilities in accommodation units: The Town Council expressed that it may be appropriate to re-evaluate the legislative intent of the current land use policy prohibiting kitchen facilities in accommodation units. On December 12, 2005, the applicant appeared before the. Planning & Environmental Commission to discuss the merits of creating the Public Accommodation-2 (PA-2) district. Following discussion on the topic, the Commission directed staff to prepare a proposed text amendment for the Commission's consideration and recommendation. On December 20, 2005, Community Development Department held a worksession meeting with the Vail Town Council to present the options for addressing the desire to allow kitchen facilities in accommodation units. Following presenting, the Town Council directed staff to prepare an ordinance establishing the Public Accommodation -2 district. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vait Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a 'text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. 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. 8 Staff: . The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial.. V. REVIEW CRITERIA The review criteria and factors for consideration for a text amendment application are established by the provisions of Section 12-3-7, Amendments, Vail Town Code. 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and, The general and specific purposes of the Zoning Regulations are prescribed in Section 12-1-2, Purpose, of the Vail Town Code. The following purposes are listed in Section 12-1-2, "General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town .in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately locafed off-street parking and loading facilities. 5. To conserve and maintain established community qualifies and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses,. consistent with Municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. " Given that the request is to create a new zone district in the Town of Vail, staff believes that each of the above-described purposes of the Zoning Regulations is 9 applicable. As such, the creation of the new zone district as discussed and contemplated by both the Planning & Environmental Commission and the Vail Town Council, furthers the purposes of the Zoning Regulations. 2. The extent to which the text amendment would better implement and better achieve 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, As discussed in Section III (Background) of this memorandum, the legislative intent of the current prohibition against kitchen facilities in accommodation units is well documented in the Town's files. This text amendment, as proposed, ensures the preservation of the intent of the current legislation in the areas located nearest the Town's commercial core areas while still allowing the Town to be.competitive in the resort lodging market. For these reasons, staff believes that the text amendment better implements and better achieves the applicable elements of the adopted. goals, objectives and policies outlined in the Vail Comprehensive Plana For example, "ensuring the preservation and upgrading of the Town's hotel bed base." 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and, The public record on this application, as documented in the memorandum to the Planning & Environmental Commission, dated .November 14, 2005, clearly demonstrates how conditions have substantially changed since the adoption of the present land use policy. It is well documented in the Town's files, studies and reports that to remain competitive in the destination resort market, the diversity and variety of resort lodging products must be' continually expanded and supported. This amendment, through the allowance of kitchen facilities in accommodation units in certain areas of Town, addresses the ever changing demands and desires of our guests and visitors. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and, The municipal objectives of the Town's current policy prohibiting kitchen facilities in accommodation units are clear. As stated, one objective of the current policy is to encourage the guests and visitors to frequent the Town's many eating and drinking establishments during their stay in Vail. Through the creation of the Public Accommodation-2 (PA-2) district and the purposes behind it, the diversity and variety of resort lodging opportunities can be expanded for our guests and visitors without sacrificing the importance of the Town's eating and drinking establishments in the commercial core areas. 5. Such other factors and criteria the Commission and/or Council deems applicable to the proposed text amendment. 10 VI. STAFF RECOMMENDATION The Community Development Department recommends that. the Planning & Environmental Commission forwards a recommendation of approval of the text amendment to Chapter 4, Districts Established, Section 12-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto to the Vail Town Council. Staff's recommendation of approval is based upon the review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented. Should the Planning & Environmental Commission choose to forward a recommendation of approval of this texf amendment to the Vail Town Council, staff recommends that the following finding be made as part of the motion, "Upon review of the text amendment to Chapter 4, Districts Established, Section 72-4-1, Designated, Vail Town Code, to allow for the establishment of the Public Accommodation - 2 (PA-2) district, and setting forth details in regard thereto, the Commission. finds that the amendment complies with each of the criteria listed in Section V of the memorandum to the Planning ~ Environmental Commission, dated January 9, 2006." 11 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: January 17, 2006 SUBJECT: Vail Community Plan Staff: Stan Zemler, Russ Forrest, Suzanne Silverthorn, Greg Hall I. PURPOSE Staff has met with Council members Kent Logan and Mark Gordon to develop the scope of work and schedule for drafting the Vail Community Plan. Staff and the Council representatives believe two primary resources are needed: a highly qualified facilitator and a resource to assist with writing and graphics, Staff and the Council representatives believe that several proposals may be rapidly received resulting in several highly qualified facilitators and a resource to assist with drafting the plan. 11. BACKGROUND The Town is being asked to deal with many interrelated issues such as circulation, housing, recreation, and land use, which transcend neighborhoods and have regional implications. At the same time, Vail has been experiencing an incredible amount of redevelopment. Is the Town clear on its goals ,for the next fifteen to twenty years? And, does it have a clear set of values to relate its actions? Understanding the community's values- (quality of life, natural environment, a safe secure place to live and raise a family) provides the underpinning of developing a vision and ultimately a community plan. To provide a foundation for clear decision-making based on community needs, similar resort communities. such as Aspen, Whistler, Breckenridge, Park City and Steamboat Springs have developed .community plans. Their plans define the community's future based on a shared set of values, identify goals, and establish a prioritized action plan. At their December 16th retreat, the Town Council indicated a need to develop.a community plan which would solicit community input to define a clear and vivid future for Vail, while providing a means of integrating policies related to housing, land use, natural resources, recreation, and the economy, among others. The Council discussed the need to develop recreational, housing, economic, and .transportation/circulation strategies, all of which are interrelated with land use. Some of the work is already underway but has illustrated the need to move forward in a more coordinated fashion. For example, the housing strategy being developed by the Housing Authority attempts to consider the implications of parking and traffic volume as challenges facing affordable housing. Recreational planning could interrelate with the overall parking strategy, i.e. Ford Park and land use opportunities in West Vail or West Lionshead. The following questions help frame the challenges: i • Does the Town have a clear vision of where it needs and wants to be in 15-20 years? • fs that vision based on a clear set of community values? • , Does the Town understand the interrelationships and opportunities 'of housing, land use, transportation, recreation and our economy? • .Are there clear regional opportunities to work with other jurisdictions on these matters? • Does the Town have a clear framework for decision-making and determining which projects have the .highest priority for limited town resources? • How will-the Town proactively provide a process for allocating the $7 million from the conference center? ' • How does the Town develop a strategy that addresses both the issues the community raised in recent focus groups and the local, regional and national trends that will affect the community in the future? On December 16th, staff presented a diagram to help visualize how one process could help develop a coherent and integrated approach to addressing multiple policy questions (See attachment A). On January 3, 2006 the Vail Town Council approved the following goals for the Community Plan project. • Identify shared values in the community. • Develop a process to create a clear and vivid vision of Vail's future. • Develop an integrated community .plan that addresses housing, natural resource management, economy, recreation, public facilities, and other issues critical to the community which wrill create an effective coordinated strategy for Vail's future. • Build upon planning processes from other communities and Vail. • Process will be participatory and focus on listening and community involvement Ilt. SCOPE OF WORK ` The following is a summary of a proposed process and scope :of work for completing the Community Plan. The purpose of this summary is to provide Staff and Council with an understanding of the proposed product, schedule, and the necessary consultants required to complete this scope of work. Task A: .State of Vail Report Necessary to all future discussions.will be accurate and pertinent facts regarding specific issues that have affected the Town of Vail and will influence'its future. Examples of these areas include: a) Micro and macro economic trends affecting Vail and similar resort communities b) ,Housing c) Demographic Trends . d) .Land Use Issues and Trends e) Ski Industry Trends 2 f) Natural Resources g) Recreational Needs and' Opportunities h) Transportation and Circulation Town Staff working with RRC Associates will refine the State of Vail powerpoint presentation to articulate the current issues which may have an effect on Vail in the future. The . presentation will be transformed into a report that will be available electronically on the Town of Vail website (http://www.vailgov.com). In addition, staff would like to incorporate information from other resort communities. on how they successfully addressed the stated challenges. The following is a brief summary of available information regarding each of the aforementioned key issues: 1) Economic Trends: The Town of Vail is initiating an economic council to convene and develop an economic strategy. A major .challenge lies in addressing the seasonality of our resort economy. In .addition, it is apparent that providing a diversity of amenities will be critical in maintaining Vail's competitive edge as the growth of skiing diminishes with an .aging national demographic. Vail has created a marketing district to .fund the .summer and shoulder seasons but valley-wide marketing cooperation has been problematic. RRC has prepared a significant amount of information on the economy and .industry trends. Staff will work with RRC to integrate economic trends with the Town's financial- projections to illustrate the future financial picture for the Town of Vail. 2) Housing: There is now significant information on affordable housing needs and options for addressing those needs. A rough framework for a housing strategy should be available by the time a consultant is engaged. The consultant is expected to help integrate this housing strategy into the community plan and refine the strategy as needed. 3) Demographic Trends: These trends have been well documented by RRC and the Northwest Council of Governments. 4) Land Use Issues and Trends: The Town of Vail created a Land Use Plan created in 1987. It also has numerous other plans focusing on topics such as open space, transportation & circulation and art in public places, which .combined, make up the Town of Vail Comprehensive Plan. The Town is also working on two sub-area plans for West Lionshead and West Vail. Land use planning for many areas of the Town is outdated. Also, the Town's plans are not well integrated. 5) Ski Industry Trends: This has been well documented by RRC. The primary issue that may need further attention is the need for diversification of the Town's economy and amenities in order to remain competitive in the future. 6) Natural Resources: The Town of Vail has prepared a report card on environmental performance. The Town has a solid history, of protecting open space (1/3 of land area), improving air quality, and water quality: However, much progress remains to be made in regard to energy conservation, waste management and recycling, and green construction. 7) Recreational Needs and Amenities: The Vail Recreation District runs the recreational programs within the Town of Vail, but the Town owns the land and facilities dedicated to .those recreational programs. Improving that working relationship is a major priority of the Town and the Vail Recreation District. The Town has an abundance of outdoor recreation with skiing, hiking, biking, kayaking, rafting, and many other. outdoor opportunities. Indoor recreational opportunities include a gymnastics facility, a youth center, ice skating rinks and private athletic clubs and pools. Discussions have begun between the Town of Vail and the Recreation District on the need for a recreational strategic plan. The effort to determine recreational goals and objectives should be based on community needs and input. 8) Transportation & Circulation: The Town is in the process of updating its transportation plan. With a growing county population and increasing jobs in Vail, it is anticipated that transit use- will increase. Specifically, traffic generation rates are being updated to reflect proposed new developments in Vail. Iri addition, the Town of Vail has been very active in a coalition of Western Slope communities and counties on the I-70 corridor whose basic concern regards increased traffic on I-70 and the impacts associated with that increase. Discussions are underway regarding under-grounding the Interstate which could make available approximately 500 acres of land area in the Town of Vail. Timing: . ^ Staff will work with RRC to refine the State of Vail Report ^ Initiate process on January 18~' ^ Complete the refinement of the State.of Vail report by March 1St. ^ Review Report with the Vail Town Council on March 7, 2006. TASK B: RESOURCE PROCUREMENT: FACILITATION AND REPORT DEVELOPMENT While Task A is being completed by RRC and staff, staff will work with the Town Council to solicit proposals for a facilitator (The Facilitator), and an individual to help develop written documents (The Consultant). Staff proposes to obtain 2-3 proposals to aid in the facilitation of Task C and the meetings outlined in Task D. Furthermore, staff anticipates the need for an additional resource to assist in the plan development.' Staff would obtain proposals from and interview those resources . working with the Town Council. Staff proposes to find the best 4 resources via references from other resort communities and organizations like the Urban Land Institute. A formal RFP would not be issued under this process. However, a formal RFP could be issued within the week if the Council chooses to provide that direction. Timing: ^ Initiate process on January 18t" ^ Bring recommendations with cost proposals to .the Town Council by February 14, 2005 ^ Interviews could also potentially occur at the worksession on the 14t". TASK C: VAIL'S VISION The facilitator will be required to solicit input from the community and develop a future vision for Vail. This vision will provide a vivid picture of a future desirable for Vail. It will be developed using the factual information from Task A. Careful and creative facilitation will be required to work with the community in 1-2 public meetings to create a vision and define goal areas: The Town desires to have awell- focused process for the development of this task in a relatively short period of time. The facilitator will prepare the results of this task in a hard copy and electronic copy for inclusion on the web to solicit input from community members and second homeowners. Specific tasks include: 1) The facilitator will work with staff to ensure all community stakeholder groups are invited to participate in the process. Individual one-on-one meetings may be required prior to the community/public meeting(s). Regional participation will be required. Strategic partners (i.e. Vail Recreation District, Vail Resorts; Vail Valley Medical Center, Eagle County, U.S. Forest Service, Vail Valley Foundation etc.) should be asked to publicly support and participate in the community plan. 2) Providing informational materials developed in Task A and assisting in the presentation of those materials to ensure discussions are grounded in facts. 3) Facilitating one or two public meetings which result in: • Vivid descriptions of Vail's future based on a set of accepted community values. • Specific goals to develop into action plans Timing: • Initiate the planning for the visioning process by February 21 S` • Invitations for community .meeting begin at the beginning of March. • Tentatively plan for a community visioning meeting in the 1St week of April, 2006. TASK D: COMMUNITY PLAN 1) The final product involves developing specific actions for the goal areas identified in the community visioning process. Prioritization of actions, resource needs, and a specific plan .to implement the actions will be necessary. The Town envisions hosting meetings focused on specific topics; i.e. housing, natural resources etc. Staff recommends that Council is represented in each of these groups. Between three and four meeting will .create the following: • Refinement of general goals from the public meeting from Task C. • Development of more specific objectives • Creation of a specific Action Plan (Task, Time frame, Resource needs) The action plans are anticipated to be strategic in nature. For example, in the land use section (assuming land use is a goal area to work on) of the, community plan, it may recommend that the Vail Land Use Plan needs to be updated or revised. However, the Community Plan would not act as the actual revision to the Vail Land Use Plan. 2) The facilitator and consultant shall provide coordination between various topical areas and ensure that any inconsistencies between goal. areas are identified and resolved. 3) The consultant shall provide a draft community plan for review and approval to the Vail Town Council. The .Planning and Environmental Commission shall also review the draft and provide a recommendation to the Town Council. It should be anticipated that copies of the draft would be provided to various. working groups for each goal area. The draft shall include: • Written summary of the values, vision, and goals identified in Task C. • Summary of the information developed in Task A which was critical in developing a vision and the action plan outline in Task D.1. • The detailed action plan. • Overall prioritized action plan and other recommendations related to plan's implementation. The consultant should anticipate posting the draft to the Town's web page and responding to input from the public on the draft. Staff will work with the consultant to address any conflicting comments. For .major substantive conflicts generated by 6 comments, the Vail Town Council shall provide input on resolution. 4) With input from the community, PEC, and Vail Town Council, the consultant and Town Staff will prepare a final draft for approval by the Planning and Environmental Commission and the Vail Town Council. This task will be considered complete when the plan is approved by the Vail Town Council. Timing: • This task will begin immediately after Task C is completed. • This is anticipated after the first week in April. • Task D.3 should be completed by June 20'h IV. BUDGET The Town of Vail currently has $50,000 budgeted for Master Planning (excluding the West Vail Plan). In discussing this type of process with other communities, comparable budgets have ranged from $100,000 (6-10 months process) to $200,000 (1 year - 1'h year process). Staff is proposing a 6-month process and plans to utilize consultants judiciously. Staff anticipates having a refined budget by the February 71h meeting. The anticipated resources needed for this process include: A. Facilitation of the community and goal area meetings, B. Consultant services for document preparation and augmenting staff with planning needs for community meetings, C. Limited RRC involvement to refine the State of Vail Plan, D~. Topical experts to participate (to a limited extent) in the goal area meetings. For example, it might be useful to have Ford Frick work with the economic goal area or Felsburg Holtz to work with the transportation goal area to ground the goal area discussions outlined in Task D, E. Publication and Copying Costs, and F. Promotion and Communication costs for advertising public meetings. Attachment A: Community Vision and Plan. Community Vision Invite stakeholders and community at large to: -Identify common values, - Develop a vivid future vision by picking a desirable scenario (See Breckenridge example). -Develop goals through the .identification and and discussion of ,future scenarios Community Plan With the input from the community on vision and values develop a community plan: Sub committees could be formed for the areas below with regional participation as appropriate: Each component is coordinated with the other through a staff person and potentially an oversight committee Issues with Regional Participation Tranportation/ Circulation Plan/Mass Transit/Airport Recreational Recreation Strate Community/Housing Strate Pine Beetle Issues with Town- wide significance Land Use Strategy/Plan Economic Strategy Natural Resources Public Facilities & Infrastructure Town specific transit circulation issues and Overall Parking Strategy Community Plan Goals and Actions Identified