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HomeMy WebLinkAbout2006-02-07 Support Documentation Town Council Work Session T'OiNN COUNCIL WORK SESSION VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 1:00 P.M., TUESDAY, FEBRUARY 7, 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. 1. Warren Campbell ITEM/TOPIC: Site visit. Crossroads. (30 min.) 2. Bill Gibson ITEMlTOPIC: Site Visit. An appeal of the Town of Vail Design Review Board's approval of a separation request application pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Design Review Board's approval of a separation request application, pursuant to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, to allow for the physical separation of a .primary and secondary residence, located at 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify the Design Review Board's approval of a separation request application pursuant to Section 12-3-3, Appeals, Vail Town Code. BACKGROUND RATIONALE: On December 21, 2005, the Design Review Board approved a separation request application, pursuant to Chapter 14-10, Design Review Standards and Guidelines, Vail Town Code, to allow for the physical separation of a primary and secondary residence, located at 95 Forest Road/Lot 32, Block 7, Vail Village Filing 1, and setting forth details in regard thereto. The Vail Town Council "called-up" this Design Review Board action. Additionally, H.R. and Margaret B. Perot, Susan R. Frampton, and Forest International, LLC have also filed an appeal of this Design Review Board action. .Please refer to the staff memorandum dated February 7, 2006, for additional information. 3. George Ruther ITEM/TOPIC: PEC/DRB Update. (15 min.) 4. Gregg Barrie ITEMROPIC: Bighorn Park Playground Improvements. (15 min.) ACTION REQUESTED OF COUNCIL: Staff will be presenting to Council a design for the Bighorn Park Playground Improvements. Staff is requesting feedback and a recommendation for Staff to proceed with final design and construction documents. BACKGROUND RATIONALE: The Town Council approved the conceptual design for the renovation of the playground in July of 2005. The design included reusing parts of the existing play structures, replacing worn out and outdated play equipment, and the addition of the artistic "Bloom" play structures. Since that time, Staff has made revisions to the plan'to save more of the existing structures, and has revised the play equipment list, as well as completing the Site. Plan. The revised Site Plan adds shaded seating areas, ADA accessibility, and enhancements to the natural environment of the play area. With a recommendation to proceed with the proposed Plan, Staff will complete Construction Documents and proceed through the bidding process. Once bids are received, and the project budget confirmed, Staff will return to the Council for approval to enter into a construction contract.. STAFF RECOMMENDATION: Approve the revised Site Plan, and direct Staff to proceed with Construction Drawings and Bidding. 5. Leslie Fordham ITEM/TOPIC: Sculpture for Bighorn Park. (5 min.) ACTION REQUESTED OF COUNCIL: Recommend that council vote on the AIPP expenditure at the February 7, .2006 evening meeting. BACKGROUND RATIONALE: The Art in Public Places board voted unanimously to appropriate up to $35,000 for the purchase of a sculpture for Bighorn Park by environmental artist Patrick Marold. The "Community Stone" sculpture will be a 6 foot high glacial boulder, from a local source, bearing the handprints of Vail residents. The exact location within the park will be determined by TOV project managers in collaboration with AIPP and the artist. 6. ITEMlTOPIC: Information Update. (10 min.) • Revenue Update. • Bus Service Update. :• Housing Policy Update. •:~ Vail Lodging Occupancy. Included in your packet is the summary of booking patterns as of December 31, 2005, which was jointly funded by the following: TOV (from Stan's economic development $), $5,000; Vail Local Marketing District, $5,000; VRI, $25,000; and BCRC, $15,000 (who gets their own executive summary.) The report provides understandable information on trends in layperson's language. The town will receive this report on a monthly basis. Currently, March bookings "warrant attention," while April is strong due to a late Easter. • 2007 Community Meeting Dates Consideration of: Tuesday, January 9, 2007, from 5 to 7 p.m. or 6 to 8 p.m. --or-- Thursday, January 11, 2007, from 5 to 7 p.m. or 6 to 8 p.m. • Update on Process for $50,000 Construction Mitigation. • West Vail Update • West LionsHead Update . 7. ITEM/TOPIC: Matters from Mayor & Council. (10 min.) 8. Matt Mire ITEM/TOPIC: Executive Session, pursuant to C.R.S. § 24-6- 402(4)(b)(e) -Conferences with attorney for the purpose of receiving legal advice on specific legal questions; and to determine positions, develop a strategy and to instruct negotiators re: Developer Improvement Agreement for Crossroads Redevelopment proposal. (45 min.) 9. ITEM/TOPIC: Adjournment. (3:25 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 21, 2006 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. .MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: February 7, 2006 SUBJECT: First Reading of Ordinance No. 5, Series of 2006, an ordinance establishing Special Development District No. 39, Crossroads, and setting forth details in . regard thereto. ' Applicant: Crossroads East One LLC, represented by Mauriello Planning Group, LLC. Planner: Warren Campbell I. DESCRIPTION OF.THE REQUEST The applicant, Crossroads East One LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a first reading of Ordinance No. 5, Series of 2006, an ordinance establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. The purpose of Ordinance No. 5, Series of 2006, is to facilitate the redevelopment of Crossroads, located at 141 and 143 Meadow Drive: The staff and applicant are requesting that the Town Council listen to a presentation on the proposed ordinance and approve Ordinance No. 5, Series of 2006, upon first reading. 11. BACKGROUND 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 Service Center zone district and Vail Village Master Plan. In addition, they affirmed four assumptions staff has made in the previous review of the project. On January 23, 2006, the Town of Vail Planning and Environmental Commission held a public hearing on a request to establish Special. Development District No. 39, Crossroads. The applicant received approval for the establishment of a new special development district with the following deviations: • A maximum allowable building height of 99.9 feet versus 38 feet, • An increase in allowable density to 26.1 units per acre versus 18 units per acre (22 dwelling units over allowable number of dwelling units), • An increase in allowable Gross Residential Floor Area to 199,830 square feet versus 46,051.6 square feet, • An increase in site coverage to 107,772 square feet versus 86,346 . square feet; • Encroachments of the proposed structure into the required setbacks on the north, south, west and east property lines. Upon consideration of the request, the Commission voted 5-2-0 (to forward a recommendation of approval of the request to the Vail Town Council. The Commission's recommendation of approval includes thirteen (13) conditions of approval, as outlined in Section 4 of Ordinance No. 5, Series of 2006. The Commission's recommendation of approval includes the following findings: "That the proposal to establish Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12- 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. With 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 or other public benefits that could not otherwise be achieved by conformance with prescribed setback 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. 2 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 benefits 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 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. ZONING ANALYSIS Staff has performed a zoning analysis of the Crossroads redevelopment proposals which can be used for comparison purposes. 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: 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. 3 Density: 18 units/acre 28.4 units /acre 47.5 D.U.s 75 D.U.s GRFA: 46,051.6 sq. ft. 211,117 sq. ft. (40%) (183.4%) 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 of total permitted 18,420.6 sq. ft. 14,898 sq. ft. (80%) (35.3%) Maximum 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) Auaust 2. 2005. Town Council The following is the zoning analysis of the proposal the Town Council saw on August 2, 2005, prior to the withdraw of the application. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Allowed Proposed Lot.Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: Setbacks: Front (Frontage Road): 20' West Side: 20' East Side: 20' Front (Meadow Drive): 20' 115,129 sq. ft. 3' to 19' 3' (loading dock) to 25' 0' to 25' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 25.7 units /acre 47.5 D.U.s 68 D.U.s GRFA: 46,051.6 sq. ft. 191,005 sq. ft. (40%) (165.9%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 50,400 sq. ft. 4 (20% total site) (43.7% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 21,654 sq. ft. (80%) (42.9%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 28,746 sq. ft. (20%) .(67.0%) Parking: December 12, 2005 Proposal 235 spaces 334 spaces (99 surplus spaces) The following is the zoning analysis of the proposal the PEC recommended approval of with conditions on January 23, 2006. The deviations to the , prescribed development standards are shown in bold text in the table below. 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' 9.9.9 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 total permitted 4,605.1 sq. ft. 28,611 sq. ft. (20%) (60.6%) Parking: 235 spaces 338 spaces (103 surplus spaces) 5 The current development proposal dated December 12, 2005, has been reworked .and a portion of the changes made through the negotiation process with Council have been added back into the project. To be more specific approximately 8,825 square feet of GRFA have been added, 1 Dwelling Unit, the building on the northeast corner has been pulled back towards the intersection of Village Center Road and the Frontage Road, and the roof ridges in select location have been raised primarily on the eastern side of .the building since August 2, 2005, the last time Council saw the project. IV. The current development proposal dated December 12, 2005, is smaller than the previously proposed plans dated April 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. DISCUSSION ITEMS Staff believes there are several items regarding the adoption of Ordinance 5, Series of 2006, which require a discussion with the Town Council in order to gain feedback. Those items are as follows: • Does the Town Council believe Village Center Road should be connected to the Town of Vail street heating system? The applicant has proposed to install pavers and heat tubing, to match the streetscape design on East Meadow Drive, within the Village Center Road right-of-way which could be eventually connected to the Town of Vail's street heating system. The Public Works Department has identified that the current ,budget for heating pedestrian streets within the Town did not include the .costs for heating Village Center Drive. The Planning and Environmental Commission generally believed that Village Center Road should be included in the Town of Vail heated streets. Public Works has identified that including Village Center Road as a heated street will require an increase in the budget for heated streets. The Planning and Environmental Commission identified the likely revenue increases in the Crossroads project could be used to offset the increased cost of heating ,Village Center Road. The Public Works Department estimates an initial capital cost of $200,000 for heat mains, a boiler, controllers, and design; and a continuing operational cost of $13,000 a year for heating at today's going gas rate. Should it be decided that . Village Center Road be not heated, replacement with asphalt would be the likely material • Does the Town Council have any comments and feedback regarding the draft Developer Improvement Agreement? Staff has provided a draft of the proposed Developer Improvement Agreement (DIA) for review and comment by the Town Council. Staff 6 and the applicant have attempted to • address all aspects of the proposed project which need to be included in the DIA. Staff is currently working on a draft of the easement agreement for the public plaza and will include a draft of that easement language at the hearing for the second reading of Ordinance 5, Series of 2006. The easement agreement which Staff is drafting will include a real estate interest in the property which will run with the land, public access, and special event usage parameters for both Crossroads ownership and the Town of Vail. Staff is also seeking Council input on appropriate Employee Housing requirements to be included in the DIA. Most recently, the Westhaven Condominium project was required to provide 550 square feet per employee to be housed. In addition, there were requirements placed on, the developer to provide that in a minimum number of units as it was the desire to get larger "family-sized" units verse smaller one- bedroom places. The Town owned and constructed employee housing project of Buzzard Park built units of approximately 450 square feet per person to be housed. Staff would like the Town Council to provide feedback regarding this issue so that the DIA can be adjusted if necessary. • Any other comments or suggestions on Ordinance 5, Series of 2006? V. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 5, Series of 2006. VI. ATTACHMENTS A. Ordinance 5, Series of 2006 B. Copy of the Staff Memorandum to the Planning and Environmental Commission dated January 23, 2006 and the Proposed plans for redevelopment dated December 12, 2005 C. Draft of Proposed Developer Improvement Agreement 7 ORDINANCE NO. 5 Series of 2006 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT N0.39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for establishing special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to establish Special Development District No: 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on January 23, 2006, on the application to establish Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions by a vote of 5-2-0 of this request to establish Special Development District No. 39, Crossroads, to the Vail Town Council;~and WHEREAS, the Vail Town Council finds that the request to establish Special Development District No. 39, Crossroads, complies with the design criteria prescribed iri the Title 12, Zonirig Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 5, Series of 2006, and establish a new special development district in the Town of Vail NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vaif Village Filing 1, which comprise a total of 1.15,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No. 5, Series 2006 Vail Town Council Attachment: A District No 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for .Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Crossroads Redevelopment", dated December 12, 2005, and stamped approved February XX, 2006. Section 3. Development Standards In conjunction with the .Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the .uses upon the plaza level tenant spaces to "retail/restaurant' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a certificate of occupancy to allow for the sales of the on-site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). . C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 5, Series 2006 2 E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 199,830 square feet and the maximum allowable density shall be sixty-nine (69) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1 /2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: 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, details for funding public art, and details for providing additional landscaping in the area between Vail Village Inn Phase III and the proposed Crossroads to address the screening needs between the buildings. 2. The Developer shall submit a fire and life safety plan for review and approval by Ordinance No. 5, Series 2006 3 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): 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 issuance of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. 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 (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road perthe 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; 1. 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 improvement. 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 sha!! 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. Ordinance No, 5, Series 2006 4 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_developmentdlstrict 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) fora minimum of six (6) beds generated by the redevelopment of Crossroads, and that said deed- restrictedemployee 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 required Type II or I11 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 III 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 may be 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. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail 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 6. The Vail 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 Ordinance No. 5, Series 2006 5 and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to .the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein: Section 8. 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 ON FIRST READING this 7th day of February, 2006 and a public hearing for second reading of this Ordinance set for the 21 st day of February, 2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 5, Series 2006 6 DRAFT CROSSROADS DEVELOPMENT AGREEMENT Revised February 2, 2006 THIS CROSSROADS DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the .day of , 2006, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the. State of Colorado (the "Town) and Crossroads East One, LLC, a Colorado Limited Liability Company ("Crossroads"). RECITALS: A. Crossroads intends to redevelop certain real property in the Town of Vail, commonly known as Crossroads at Vail, which is located in Special Development District No. 39, legally described on Exhibit A attached hereto and incorporated herein by reference (the "Property"). B. The Town, through its appropriate boards and reviewing agencies, including its Planning and Environmental Commission, has approved redevelopment plans (the "Crossroads Approvals") to allow for the redevelopment of the Property (the "Crossroads Redevelopment"). The Town's Design Review Board is also in the process of reviewing final plans for the Crossroads Redevelopment, and upon approval shall become part of the above-referenced Crossroads Approvals. C. Pursuant to the Crossroads Approvals and to further mitigate the impact of the Crossroads Redevelopment, Crossroads has agreed to provide certain public benefits and improvements (the "Public Benefits") as set out in the Crossroads Approvals and as further provided in the Supplemented Town of Vail Ordinance No. 1, Series 2005, and as more specifically described and defined herein. NOW, THERFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein the parties agree as follows: 1. .Responsibilities Of The Parties Regarding Improvements Required by Crossroads for The Crossroads Redevelopment. The parties hereby agree that if Crossroads obtains a building permit and commences construction of the Crossroads Redevelopment Crossroads shall be responsible for providing the following improvements subject to the terms below: (a) Improvements to Public Rights of Way: Per the Crossroads Approval and as shown on the approved plans for the Crossroads Redevelopment, Crossroads is responsible for designing and installing improvements to South Frontage Road, Village Center Road, and East Meadow Drive. A summary of the improvements include: 1. Anew heated paver sidewalk along South Frontage Road and Village Center Road; 2. New curb and gutter along South Frontage Road; 3. New median in South Frontage Road with new landscape materials Vail Town Council Attachment: C in the median; 4. Street lighting, as approved by the Design Review Board; 5. Storm drainage improvements adjacent to the' property; 6. Reconstruction of Village Center Road including the installation of heat tubing to be made available to the Town for future connection by the Town to a Town heat source (not yet determined) and landscape materials, street lighting, concrete unit pavers; 7. Reconstruction of East Meadow Drive including the installation of heat tubing to be made available to the Town for future connection by the Town to a Town heat source (not yet determined) and including landscape materials, street lighting, landscape planters, and concrete unit pavers. All of these off-site improvements including the limits of these improvements are as depicted in the Crossroads Approvals including the landscape plan and public improvement plan. Crossroads shall not be responsible for any ongoing costs .for operation or maintenance associated with any public improvement being provided, except as may be warranted by the contractor performing the work. The snowmelt system including manifolds, heat sources, boilers, or any other facility or costs required to operate a snowmelt system for any offsite improvement, except for the heated sidewalk along the South Frontage Road and Village Center Road, shall be solely the responsibility of the Town. The heat and snowmelt facilities required for the sidewalks along the South Frontage Road and Village Center Road and the plaza area within the Crossroads Redevelopment property boundaries shall be the responsibility of Crossroads, including the ongoing operation and maintenance of these facilities. All offsite street. and landscape improvements shall be consistent with the materials and design for East Meadow Drive prepared by the Town of Vail and approved .by the Design Review Board. The Design Review Board and the Town may approve modifications to the Town's approved plans if deemed appropriate by the Town. All landscape areas and plant materials which are directly adjacent to the property boundary for the Crossroads project but which are located within the public right-of-way shall be irrigated and maintained by Crossroads. (b) Employee Housing: Crossroads shall provide the appropriate Town employee housing deed restriction for a dwelling unit or dwelling units providing housing for at least six (6) occupants. Any dwelling unit restricted shall conform to the following floor area requirements: aone-bedroom unit shall contain at least 500 sq. ft. of floor area; atwo-bedroom unit shall contain at least 850 sq. ft. of floor area: athree-bedroom unit shall contain at least 1,350 sq. ft. of floor area; and a four-bedroom unit shall contain at least 1,700 sq. ft. Minor variations in floor area may be approved by the Town staff when the overall intent of the floor 2 area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) .shall be executed and provided to the Town and restricted unit(s) shall be available for ,occupancy prior to the issuance of a final Certificate. of Occupancy for the Crossroads Redevelopment or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Zoning Regulations. All deed restrictions shall be recorded with Eagle County. (c) Traffic Impact Fees: Crossroads acknowledges .and agrees that -the Crossroads Redevelopment may generate sixty-eight (68) additional PM peak hour trips and agrees to pay the Town a Traffic Impact Fee of $5,000 per PM peak hour generated trip, for a total of $340,000. .The parties further acknowledge and agree that the payment by Crossroads to the Town of the Traffic Impact Fee ($340,000) shall be a condition placed on the issuance of a building permit for the Crossroads Redevelopment; however, payment of the fee shall not be required until occupancy of the building is allowed by the Town for the Crossroads Redevelopment. The parties further acknowledge and agree that the impact fee shall be used by the Town of Vail working cooperatively with CDOT for improvement to the South Frontage Road to accommodate a future turn-around or other warranted. improvement. No credits offsetting this fee will be permitted unless agreed to by the parties. (d) Public Plaza: The Crossroads Redevelopment includes a plaza of approximately 24,130 sq. ft. within the property boundary of the Crossroads Redevelopment. Crossroads agrees to allow public access to the plaza by separate easement agreement running with the land between the parties and further agrees to allow Town sponsored events to occur within the plaza subject to agreement and approval of each event between the Town of Vail and Crossroads. All requests for hosting special events within the plaza area shall be submitted to Crossroads at least 60 days prior to the desired event. Crossroads agrees to make provisions within the Condominium Association Documents, subject to.Town review and approval, to ensure the plaza is maintained available for public access, that the hours of activities in the plaza extend to at least 10:30 pm, and that there is a mechanism for approving Town sponsored special events within the plaza subject to agreement by the parties on a case-by-case basis. It shall be further understood by the parties that periodically, Crossroads may restrict access to the plaza by the general public for private restricted events. It shall further be recognized and agreed that commercial establishments located adjacent to plaza space are reliant on pedestrians and customers moving freely through to area in order to perform well financially. Therefore, this shall be the over-riding issue to be addressed when agreeing upon a schedule of special events and the extent and duration of encumbrance of the plaza by a special event. The Town shall indemnify Crossroads for any and all claims arising from allowing public access and special events within the plaza area. (e) Public Art: Crossroads shall spend at least $1.1 million in artwork to be placed on the site of the Crossroads Redevelopment whereby it can be viewed by the public. Artwork maybe in the form of sculpture, mural, or integrated art as recommended by the Art in Public. Places Master Plan as adopted by the Town of Vail. The type of artwork shall be at the discretion of Crossroads subject to obtaining and giving reasonable consideration to input from the AIPP Board. "Integrated" art shall be approved by the Design Review Board of the Town in conjunction with the approval of the landscape plan for the project. Such artwork shall be in place within one year after a Certificate of Occuparicy is issued for the Crossroads Redevelopment or other reasonable timeframe agreed to by the parties. (f) Loading Berth: A loading and delivery facility is approved as part of the Crossroads Redevelopment. This loading facility includes five (5) loading berths. Crossroads agrees to allow all loading berths to be utilized by the other businesses in the area as part of the Town's dispersed loading and, delivery program.. Crossroads and the Town shall jointly establish reasonable rules and conditions for any party wishing to utilize the facility in order not to hinder Crossroads loading and delivery needs. Crossroads agrees to provide access to the loading and delivery facility from the plaza level via elevator or other conveyance. (g) Bus Waiting Area: A portion of the site at the south west corner of the Crossroads Redevelopment may be used by the public as a waiting area for the Town's in-town shuttle. The stairs located in this area may also be used by the public as a waiting area. This waiting area will be included in any access easement agreement prepared by the parties. (h) Restrooms: The Crossroads project includes restroom facilities within the parking garage as depicted on the plans as "public restrooms." These restroom facilities shall be open and available to the general public during normal business operating hours. Operation and maintenance of the restroom facilities shall be the responsibility of Crossroads. (i) Bowling Alley and Movie Theater: The Crossroads Redevelopment includes space that will be developed as athree-screen movie theater and aten-lane bowling alley. These uses will be completed prior to the issuance of final certificate of occupancy for the project. Further Crossroads shall operate these uses in good faith for a minimum .of 21 years. Additionally, any change of use (permitted or conditional) or discontinuance of these uses for more than 90 days shall require Crossroads to faithfully and diligently pursue a major amendment to the Special Development District for a change of use. Within the described period, any change of use to be considered shall be a use providing a public amenity. It shall be recognized by the parties that there is no guarantee that either of these uses will continue to be economically viable over the long-term due to changes in the economy, changes in the recreational habits of consumers, and other competing uses in other properties in Town and therefore change of use may be necessary over the long-term in order to respond to outside forces. (j) Ice Rink: The Crossroads Redevelopment includes outdoor plaza space that will contain an ice rink facility for public and private recreational and leisure use during the winter months of December through March barring any climatic anomalies. This use will be established the first winter following the issuance 4 of final certificate of occupancy for the project. Further Crossroads shall operate the ice rink in good faith for a minimum of 21 years. Additionally, any change of use (permitted or conditional) or discontinuance of this use for more than 90 days shall require Crossroads to faithfully and diligently pursue a major amendment to the Special Development District for a change of use. Within the described period, any change of use to be considered shall be a use providing a public amenity. It shall be further understood by the parties that periodically, Crossroads may restrict access to the ice rink by the general public for private restricted events. It shall. be recognized by the parties that there is no guarantee that an ice rink will continue to be viable or utilized by consumers due to changes in the economy, changes in the recreational habits of consumers, and other competing uses in other properties in Town and therefore change of use may be necessary over the long-term in order to respond to outside forces. (k) Front Desk and Residential Amenities: The Crossroads .Redevelopment includes the development of residential condominiums. The project includes a . lobby, front desk, concierge facilities, and other recreational amenities in order to serve the owners and guests of the facility. Crossroads will in good faith insure the continued operation of such facilities for a period of at least 21 years. (I) Condominium Declarations and Covenants: Prior to the approval of the condominium plat for the Crossroads Redevelopment, the Town shall review and approve the Declarations and Covenants for the Crossroads project. Crossroads shall be required to include within the Declarations and Covenants. provisions for allowing public activities and events within the proposed plaza area as shown on the Plans. Further, there shall be provisions preventing residential condominium owners from objecting to any public use of the plaza. Public activities shall be allowed in the plaza until 10:30 pm any day of the week. (m)lmprovements to Vail Village Inn Phase 3 Property: Per the notes listed on the Site Plan, Crossroads shall provide the -following improvements to the Vail . Village Inn Phase 3 property, if and only if allowed by the Vail Village Inn Phase 3 condominium association. (Association). If the Association does not agree to the improvements as proposed by Crossroads, then Crossroads is hereby relieved of any requirement to provide said improvements. The' following improvements are proposed: • Four large evergreen trees (20' in height) will be either relocated or planted new in the area indicated on the site plan subject to direction on the exact location provided by the Association.. Continued maintenance of these trees shall be the responsibility of the Association; A private packet park is to be created in the area shown on the site plan partially located on the property of the Association and partially on the Crossroads property. The park will contain landscape area, walkways, benches, and plant materials including trees as proposed by Crossroads. The construction of these improvements will be funded by Crossroads however continued maintenance of the improvements will be the responsibility of the individual property owners. Each property owner will maintain the improvements within their individual properties; and The stairs indicated on the site plan will be converted to' a ramp that extends onto the property of the Association. The construction of these improvements will be funded by Crossroads however continued maintenance of the improvements will be the responsibility of the individual property owners. Each property owner will maintain the improvements within their individual properties. 2. Bonding For Public Improvements. The parties hereby acknowledge and agree that prior to issuance of a Certificate of Occupancy for any new unit developed as part of the Crossroads Redevelopment a bond or letter of credit must be posted for 125°/a of the total estimated amount for each of the off-site improvements listed below that are not already completed when such Certificate of Occupancy is requested. The off-site improvements subject to this requirement and the estimated costs for each improvement are as follows: Public rights-of-way improvements including final paving, drainage, landscaping, and snowmelt tubing, median improvements, and sidewalk improvements. The one-time Traffic Impact Fee, as set forth above, is excluded from this requirement. 3. References To The Crossroads Approvals. Any and all references to the Crossroads Redevelopment Approvals, as set forth herein, shall mean references to those plans approved by the Town of Vail for construction of the Crossroads Redevelopment project and as further provided in Town of Vail Ordinance No. ?, Series 2006., and may be modified only as approved by the Town through the building permit process or otherwise. If a conflict arises between any construction plans previously submitted and those approved as part of the building permit for this project, the parties agree that the building permit plans shall control. 4. Certificate Of Compliance. It is agreed that upon completion of any of the Public Benefits contemplated by this Agreement and upon the expiration of the warranty period as defined herein, the Town shall, upon the request the party responsible for the particular Public Benefit, execute a certificate stating that all improvements have been constructed in compliance with this agreement. Said certificate shall not be unreasonably withheld if the requesting party has completed the improvements in a good and workmanlike manner, and consistent with plans approved by the Town. 5. Warranty. Crossroads shall warrant any and all offsite improvements for which they are responsible for a period of two (2) years from date of completion and acceptance by the Town excluding from such warranty. Specifically, Crossroads shall warrant that any and all physical improvements required by this Agreement which are conveyed, dedicated or otherwise done for the benefit of the public shall be free from any defects in materials and workmanship, and free from any security interest, monetary lien or other encumbrance. 6. Liability of Successors. The provisions hereof touch and concern and run with the ownership of the Property. 7. Notices: Business Days. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and. received (i) when hand delivered to the 6 intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with) an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such .facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below: If to Crossroads: c/o Peter Knobel c/o Crossroads East One LLC 143 E. Meadow Drive Vail, CO 81657 Fax No.: (970) 479-7511 Phone: (970) 479-7566 If to the Town of Vail: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager Fax No.: (970) 479-2157 with a copy to: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 Each party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. 8. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similar as possible in content to the affected provision. It is generally intended by the parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted by law. 7 9. Exhibits. All Exhibits to this Agreement which are referenced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. 10. Entire Agreement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 11. Rules of Construction. The headings which appear in this Agreement are for purposes of convenience and reference and are not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singular shall include the plural, and to the plural shall include the singular, and ariy reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. .12. Effective Date. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered 'by Crossroads and so executed by the Town Manager. 13. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by all parties hereto. 14. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and Eagle County, Colorado shall be the venue for any dispute arising under this Agreement. 15. .Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. 16. No Third Party Beneficiary. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in any respect. 17. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 18. Recording. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 8 19. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and the other parties hereto and nothing contained in this Agreement shall be construed as making the Town and the other parties to this Agreement joint venturers or partners. 20. Attornevs' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). [Balance of page intentionally left blank] 9 IN WITNESS WHEREOF, the Town and Crossroads have made this Agreement as of the day, month and year first above written. TOWN: TOWN OF VAIL, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado By: Name: Title: ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF . ) Town Manager The foregoing instrument was acknowledged before me this day of 200_, by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Signature blocks continue on following page] Crossroads: Crossroads East One, LLC., a Colorado Limited Liability Company By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of 200_, by as Liability Company. of Crossroads East One, LLC, a Colorado Limited Witness my hand and official seal. My commission expires: Notary Public 2 PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING :, i January 23, 2006 T(1I~IVOFYAIL ' . PROJECT ORIENTATION -Community Development Dept. PUBLIC WELCOME 12:00 pm MEMBERS PRESENT Chas Bernhardt ' Doug Cahill Anne Gunion Bill Jewitt Rollie Kjesbo George Lamb David Viele MEMBERS ABSENT Site Visits: 1. Crossroads -141 and 143 Meadow Drive 2. Sweet Basil and Emata -193 Gore Creek Drive Driver: George Public Hearing -Town Council Chambers 2:00 pm 1. A request for a final review of an amended final plat,. pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 1082 Riva Glen Road/Lot 3, Spraddle Creek Estates Subdivision, and setting forth details in regard thereto. Applicant: 1082 Riva Glen Road LLC, represented by Resort Design Associates Planner: Elisabeth Eckel ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 1. The amended final plat submitted to the Town for recording shall include a graphic scale and the total area, in square feet, of the new building envelope of an equivalent size approved by this reconfiguration. Elisabeth Eckel gave a presentation per the staff memorandum. The applicant,offered no further comment. The Commissioners offered no further comments. 2. 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 5B, 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: Approved with condition(s) Page .1 n MOTION: Kjesbo SECOND: Lamb VOTE: 6-0-1 (Gunion recused) 1. This approval shall be contingent upon the, applicant receiving Town of Vail approval of the design review application associated with this major exterior alteration request. 2. Prior to building permit submittal, the applicant shall submit plans to the Community Development Department reflecting the extension to the ground of the. exterior shaft located at the east side of the building. 3. Prior to the issuance of a Temporary Certificate of Occupancy by the Community Development Department for the scope of work related to this. proposal (PEC050097), the building shall fully comply with the Fire Department's requirements for a sprinkler system. 4. Prior to the issuance of a Temporary Certificate of Occupancy for the scope of work related to the referenced project, the applicant shall gain approval by the Town's Building and Fire Departments of plans which depict full compliance of both rear (north) spiral staircases and a related timeline for the proposed construction and completion of that work. 5. Prior to the issuance of a Temporary Certificate of Occupancy, the applicant shall provide the Community Development Department with a copy of the renewed lease agreement. entered into with the Town of Vail to reflect the reconfiguration of the patio and planter located upon the Town of Vail's property. Elisabeth Eckel gave a presentation per the staff memorandum. Bill Pierce, representing the applicant, stated he had nothing to add to staff's presentation. There was no public comment. Chas Bernhardt and Doug Cahill were in favor of the condition that the building be brought into compliance with the applicable Fire and Building Codes. 3. A request for . a recommendation to the Vail Town Council of proposed 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 ACTION: Recommendation of approval MOTION: Kjesbo. SECOND: Bernhardt VOTE:7-0-0 Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello made no further comment. Jim Lamont commented that some of the uses proposed within this project were restricted by existing covenants upon the land. Dean -Hall, Vail Village Inn, commented that there were no objections to the bowling alley. He added that it seemed odd that the proposed definition of a bowling alley included so many retail type elements. Page 2 Jim Lamont added that the covenants upon the land specifically stated that bowling alleys were not allowed upon the land. Russ Forrest acknowledged the presence of Malcolm Murray, who was acting as legal counsel to the Commission during the absence of Matt Mire, Town Attorney. Chas Bernhardt asked for clarification of the underlying covenants. Warren Campbell commented that the Town did not enforce private covenants on private land. He added that he had not seen the covenants and that the applicant would have to resolve those covenant issues if indeed they did restrict bowling alleys. The Commissioners were supportive of the proposal and generally had no additional comment 4. A request for a recommendation to the Vail Town Council on a proposal 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, 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: Recommendation of approval with condition(s) MOTION: Kjesbo SECOND: Jewitt VOTE: 5-2-0 (Viele and Lamb opposed) 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: 1. 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 Plana 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, details for funding public art, and details for providing additional landscaping in the area between Vail Village Inn Phase III and the proposed Crossroads to address the screening needs between the buildings. 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. Page 3 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. 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 (CDOT) 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; 1. 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 improvement. 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 Page 4 restrictions shall be recorded with the Eagle County Clerk 8~ Recorder, prior to issuance, of a Temporary Certificate of Occupancy for the Crossroads project. The 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 III 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 secorid floor retail space may be 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. Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello presented the project using a Powerpoint presentation. Jeff Winston of Winston Associates, representing the Town, conducted a presentation of the digital model which had been prepared for Crossroads. Dean Hall, President of the Vail Village Inn Phase III Homeowners Association, distributed a letter that indicated the Association would appreciate continued attention to the extreme height requested by the applicant. Ron Byrne, resident, requested that some attention be paid to all of the developers who had proposed developments upon this site prior to Peter Knobel. He stated that he was hopeful that approval could be given to the proposal as it stood today. Bob McNichols, the developer of One Willow Bridge Road, commented that many of the buyers of his project, which is nearly sold-out, were very interested in the expedient redevelopment of the Crossroads site. Ann Bishop, legal council representing Vail Village Inn Phase III, requested that the letter she distributed be made a part of the public record. She. then stated that lawsuits had been threatened. against those that opposed the project and expressed her concerns with this type of intimidation during the public process. Jim Lamont asked if there were any cross-sections of the building in the submitted package, to which Warren Campbell replied there were none required or provided. Mr. Lamont commented that the building should not be allowed to extend into the setbacks, thereby impeding the views of other developments and the development itself. He stated that the public art needed to be available for public viewing as well as review by the AIPP Board. He commented that the project should be viewed in light of the surrounding properties, particularly in terms of height, and should not necessarily be viewed in light of all of the tallest developments within the Town (Four seasons, etc.). He commented that it was not unheard of. for the Town to regulate space that Page 5 was allotted as public benefit (referring to the proposed bowling alley and theater). He felt that such regulation of the public benefit should be detailed within the Developer Improvement Agreement. He suggested that a consistent impact fee be assessed to new developments. The current affordable housing assessments were not working, he furthered. Mr. Lamont finished by saying that several statements had been made by the developer which could have been deemed intimidating. Rick Scalpello, resident, commented that.the .building in which he lives (9 Vail Road) is more impacted by development than perhaps any other building in Vail. He commented that condominium units have been deemed by the Northwest Council of Governments and other groups, as being necessitated by the larger economic driver of second homeowners than winter and .summer, guests combined. He stated that any future change desired by the ownership of the proposed project would require an amendment to the proposed SDD with Town Council and The Planning and Environmental Commission review and approval. He stated that it was hard to develop any area of the Town without blocking aview/view corridor of some sort. Kaye Ferry, from the Vail Chamber Business Association, responded that individuals who opposed the project have been making threats of referendums and litigation as well. She added that this proposal has been reduced in size from the previously approved project and therefore would expect this project to be approved. In stating her support for the project, she said she spoke on behalf of many of the business owners within the Town. Roberta Scheller, a resident of Vail Village Inn Plaza Phase III (northeast corner), commented that some, of the comments made today about the views from her building were not true. No homeowner in the building has commented that the view corridor has been violated. However, the homeowners have agreed that the scale relationship of the two buildings will be violated if Crossroads is. approved. Gwen Scalpello, resident of 9 Vail Road, acknowledged that the changes that had been made were a step in the right direction, though she thought that the bulk and mass was still excessive. She requested that the PEC take into strong consideration the scope of the DIA. She stated that the goal should be to please locals and guests alike with family entertainment. Dominic Mauriello commented that the Town Council was asked if it wanted the PEC's input on the DIA. The answer was negative. If the public areas were changed to other uses, those changes would be subject to Council and PEC review, as stated. Regarding the purchase of public art, it would be reviewed by the AIPP Board and then integrated into the Town. Anne Gunion asked what role the PEC had in regards to DIA requirements. Russ Forrest and Warren Campbell commented that the PEC had the right to request conditions of approval that were deemed pertinent to the project, which could then be reflected in the DIA. She then thanked the public for their comments and thanked the applicant for his response to the previous requests of the PEC. Anne commented that there was substantial positive impact that was created for the neighbors as a result of the building changes at the northwest and southwest corner, to bring the Crossroads proposal into a greater compatibility to neighboring properties in terms of height. She agreed that the mature trees should not be removed without an equivalent amount of replacement landscaping. She agreed with the conditions of approval suggested by Staff. David Viele read a statement that he was disappointed in the staff recommendation regarding the approval of this project. He commented that the Town Council, in refusing to approve the previous proposal, set a legal precedent. He still vehemently opposed the bulk, mass, and treatment of the setbacks as proposed by the developer. He continued that the application Page 6 ignored every setback upon the site. The building lacked a respect for pedestrian-level development. There needed to be a clear definition of a public benefit, which should be defined as something Town-owned or regulated, which is provided by the .developer. Chas Bernhardt agreed with Ms. Scalpello that the building was very large, but that he found the bulk and mass acceptable for several reasons. He said that the Council had previously declared that this was a special site needing special attention by the Town (because of the desire for a public plaza). Regarding applicable Master Plans, he believed that the project addressed such regulatory content. He stated that there should easily be enough funds. to facilitate heating of Village Center Road, therefore, the pavers could continue. Bill Jewitt commented that the judicial (vs. legislative) nature of the Commission should be noticed. He agreed with the assumptions made by Staff, especially the assumption made regarding public benefit: He stated that the provision of a plaza was' prompting the bulk and mass upon the rest of the site. There should be some thought of heating the Village Center Road to provide a heated exit from the movie theaters. He felt that the.project had improved since last spring. Rollie Kjesbo asked if the height of the proposed Crossroads had been calculated as height is calculated in .the rest of Town, to which Warren Campbell responded yes. He felt that the site was appropriate for the amount of bulk and mass proposed. He agreed that Village Center Road should be heated. The DIA should be iron-clad, providing permanence, of the.public plaza. He asked that the additional parking spaces be treated as a public benefit instead of a parking club. The landscaping should remain part of the DIA as well. George Lamb commented that the SDD process was the best process for reviewing the project. He agreed that the project was better than what had been submitted previously. He agreed with the comments made previously regarding the surplus parking and the DIA. He asked for further clarification regarding the money being set aside for public art. He thought that more attention should be paid regarding the provision of affordable housing. His biggest concern about the project regarded the height of the proposal, particularly the change in the height between the floor plates. die commented that this was not Lionshead and that the floor plate regulation didn't .need to conform to those standards. Doug Cahill thanked the public for their input. He .stated .that it was the Commission's responsibility to evaluate the project based upon the regulations of the underlying zoning. He suggested that the Council and Staff proceed with the amendment to the underlying zoning. He said that he viewed. the project as providing a lot of public benefit. He said. that the PEC should be able to give the Council specific feedback regarding the content of the DIA. He thanked the Staff for their work and the applicant for his response to requested changes. He commented that the site does need redevelopment. Anne Gunion asked for clarification on the motions voted upon by Town Council. Warren replied that the Council never took action on the proposal other than tabling. It was eventually withdrawn by the applicant without an action of approval or denial. Malcolm Murray added that the application being voted upon today was a new application. George Lamb asked that the developer if he would be willing to consult Council and AIPP regarding the public art project. Page 7 Warren commented that any proposals for art would tie required to be reviewed by the AIPP Board per the DIA which would be approved. Peter Knobel said that the money volunteered for art was going to be a part of the proposal. An art consultant had been hired to make the plaza the best possible space for meeting and energy. George Lamb stated for the record that his vote in opposition to this application was regarding the new floor plate dimension of 11 feet 6 inches. 5. 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: Approved with condition(s) MOTION: Kjesbo SECOND: Lamb VOTE: 7-0-0 1. That the developer operates the rental program for the dwellings units in accordance with the pages 18-20 of the Crossroads Redevelopment: Applications for Special Development District Text Amendment and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. 2. That the Planning and Environmental Commission approval of the conditional use permits become valid upon approval of an ordinance creating Special Development District No. 39, Crossroads, on second reading by Town Council. 3. That the developer operates the parking club.in accordance with the page 12 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council 'and the developer. However, the developer shall not be permitted to individually condominimize the parking spaces to be sold fee-simple. Warren Campbell gave a presentation per the staff memorandum. Dominic Mauriello of the Mauriello Planning Group, LLC, representing the applicant, commented that the parking club should be allowed to remain a parking club, which would be part of the funding source for the building. The applicant hoped to sell the parking spaces to finance the project. He added that potentially 103 additional spaces would be freed up within the Town's parking structures. He compared the proposal to that which Vail Resorts accomplished at Lots P3&J. He commented that below grade structured parking was expensive to construct and developers would have no incentive to construct additional parking if it could not be sold. Warren Campbell commented that one stipulation of the P3&J project was that there be concentric rings of offering of the space to property owners in closer vicinity to the project prior to an open offering in order to have the greatest impact on the parking problems of the neighborhood. Page 8 Bill Jewitt asked that whatever the result of the decision on the CUP for the parking club that his goal was that the parking spaces be used. Peter Knobel commented that a leased space parking club was currently in place at Crossroads and he was using this to test different programs to maximize usage of the spaces. He said it was his intent to lease the parking spaces and run a managed garage. He stated that it was difficult to accommodate the needs of the residents and the retailers, but that it was the goal within the proposal to open up the spots for other users. It was the intent of the proposal to utilize all of the spaces 365 days per year. He added that banks looking to finance the project looked at the additional parking and found it hard to finance the project if the economic model did not include the ability to sell the additional parking spaces fee-simple. Bill Jewitt asked that if the spot was sold, how could the developer be assured that if be filled when not in use by the owner? Mr. Knobel guaranteed that it would be a use-by-right scenario, as it would be with a condominium unit. David Viele stated that if each spot was condominiumized, the spots would be more easily transferred. Mr. Knobel restated his intent. Rollie Kjesbo stated that he would like to see something similar to what was proposed at the Front Door project. He asked for the best utilization of those parking spots. George Lamb commented that in Founder's (P3 & J) garage there are many days in which the parking is not utilized even during the high points of the seasons. It was agreed by the Commissioners that a conditional use permit could be granted for a parking garage as long as individual spaces were not transferable. The conditions suggested by staff were modified and an additional condition added. 6. A request for a final review of a major exterior alteration, pursuant to Section 12-7J-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: Withdrawn George Ruther gave a presentation per the staff memorandum. Dominic Mau~iello, representing the applicant gave a presentation. He discussed changes which have been made since the last time the Commission saw the application. The Commission generally felt the project had, made some improvements. However, several members expressed concern about the apparent bulk and mass regardless of compliance with zoning requirements. For example, the building according to code is 48 feet tall, but assemblage of the bulk and mass gave the appearance is that it is over 70 feet tall. Another concern was the possible loss of landscaping located in the ROW if CDOT wanted to remove it. Concern was also expressed about the retaining walls at the rear of the structure. It was suggested by at least Page 9 one member that the eastern end of the structure be completely reworked. Additional cross- sections and elevations are needed to properly evaluate the project. Kevin Dieghan, addressed several concerns he heard. He reiterated that items such as retaining walls and height comply with code. Mr. Dieghan stated that it may not be as aesthetically pleasing but it does comply. George Ruher recommended withdrawing any further consideration of the current major exterior alteration application as the application lacked proper public notice due to the applicarit's desire to rezone the development site: 7. A request for a recommendation to the Vail Town Council to review the Vail Land Use Plan map, pursuant to Chapter VIII, Section 3, Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan area, and setting forth details in regard thereto. (PEC05-0098) Applicant: Town of Vail Planner: Bi11 Gibson ACTION: Tabled to February 13, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 7-0-0 8. 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 . ACTION: Tabled to February 13, 2006 MOTION: Bernhardt SECOND: Kjesbo VOTE: 7-0-0 9. Approval of January 9, 2006 minutes MOTION: Viele SECOND: Jewitt VOTE: 6-0-1 (Gunion recused) 10. Information Update 11. Adjournment. MOTION: Lamb SECOND: Jewitt VOTE: 7-0-0 The applications sand 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. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published January 20, 2006, in the Vail Daily. Page 10 DESIGN REVIEW BOARD AGENDA ;. January 18, 2006 ~~~,~ ~ 3:00 P.M. PUBLIC MEETING PUBLIC WELCOME PROJECT ORIENTATION /LUNCH -Community Development Department 1: Development on Steep Slopes Discussion MEMBERS PRESENT Sherry Dorward Pete Dunning Lynne Fritzlen Joe Hanlon Margaret Rogers MEMBERS ABSENT SITE VISITS 1. Roost Lodge -1783 North Frontage Road 2. Alphorn Condominiums -121 West Meadow Drive Driver: George . • PUBLIC HEARING -TOWN COUNCIL CHAMBERS 1. •Alphorn Condominiums DR605-0595 Final review of a minor alteration (roof) 121 West Meadow Drive/Resubdivision of Lot D, Vail Village Filing 2 Applicant: Alphorn Condominiums, represented by Margie Kell ACTION: Tabled to February 15, 2006 MOTION: Hanlon SECOND: Dunning VOTE: 5-0-0 r 2. 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 February 15, 2006 MOTION: Hanlon SECOND: Dunning VOTE: 5-0-0 CONDITION(S): . 3. Vail Development, LLC. (Four Seasons) DR605-0418 Final review of new construction (hotel) 13 Vail Road/Lots A & C, Vail Village Filing 2 Applicant: Vail Development, LLC, represented by Thomas J ACTION: Approved • MOTION: Dorward SECOND: Rogers CONDITION(S): Page 1 Brink 1:OOpm 20 minutes 2:15pm 3:OOpm Elisabeth George Matt VOTE: 4-1-0 (Fritzlen recused) 4. Roost Lodge DR605-0550 George Conceptual review of new construction (new hotel) 1783 North Frontage Road/.Lots 9-12, Buffehr Creek Resubdivision Applicant: Timberline Roost Lodge, LLC, represented by Mauriello Planning Group, LLC Conceptual review; no vote Staff Approvals Rineberg Residence DRB06-0001 Joe Final review of a minor alteration (windows) 22 West Meadow Drive, Unit 120/Villa Cortina Subdivision Applicant: Gail and Stephen Rineberg, represented by O'Halloran Construction Lifthouse Lodge DRB05-0645 Elisabeth Final review of a sign 555 East Lionshead Circle Applicant: Bob Lazier, represented by Vail Resorts Streetscape DR605-0646 Elisabeth Final review of change to approved plans (landscape plan, roof) 227 Wall Street/Vail Village Filing 1 Applicant: Town of Vail, represented by Todd Oppenheimer Landmark Commercial Development Company DR605-0622 Matt Final review of a sign (The Club) 304 Bridge Street/Lots E, F, Vail Village Filing 1 Applicant: Landmark Commercial Development Company, represented by Zach Povey Dantas Residence DRB06-0010 Elisabeth Final review of change to approved plans (crawlspace under garage) 1787 Alpine Drive/Lot 39, Vail Village West Filing 1 Applicant: Dantas Builders; Inc. 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 Memorandum To: Vail Town Council From: Gregg Barrie Date: February 7, 2006 Bighorn Park Playground Renovation Design Review Town Council Members, In July of 2005, town Staff presented a Conceptual Plan for the renovation of the Bighorn Park Playground to the Town Council. Feedback was generally positive, and Staff was directed to proceed towards a final design. As with our past several playground renovations, an artist was hired as a consultant to work with Staff on a design concept and on individual play elements. The artist, Patrick Marold, is a Denver based artist who draws inspiration from the relationships between man-made objects and the environment. Patrick was located, interviewed, and selected with the assistance of the Art in Public Places Board. The concept presented at that time was based on the construction of wooden sculptures that would serve as play structures to which various play equipment such as slides, bridges, and ladders could be attached. The sculptures, or "Blooms", are shaped as inverted cones and constructed of lodgepole pine killed by mountain pine beetle. Staff has used that concept to develop an exciting and unique playground design which blends with Bighorn Park's natural setting, reuses most of the. existing play structure and site elements, and generally follows the comments we received from the Neighborhood Open House held last February. The Site Plan While there have been some alterations to the Conceptual Plan, the revised Site Plan is efficient and within budget. Some highlights include: • The existing structures will be reused with minor adjustments for deck heights and access • Most of the existing concrete border will be reused • Four "Blooms" will be added to the play area as additional play structures which will support multiple slides, bridges, climbers, and custom nets • New. ground level pieces will be installed • Some of the existing play elements such as the hillside slide and see-saw will be kept, and the spring animals will be replaced • In order to break up the expanse of playground surfacing, planting areas will be added within the play area. Plant species will include-native willows and sedges to blend with the surrounding environment. • Shaded seating areas and enhanced playground entries will be added • If budget allows, the construction of three "Blooms" outside of the play area as sculpture, which will broaden the Bloom concept throughout the park • Installation of a fence surrounding the play area Additional Park Work • The steep path leading from the. parking area to the playground should be improved. While providing improved park access, the minor realignment of the path will also increase the size of the picnic area adjacent to the playground and provide an ADA compliant route to the play area. • Since Bighorn Park became a Dog Park, it has been discussed to install a fence- around the play area to prevent conflicts between dogs and small children. This has been included in this Site Plan, and was one of the original project "Givens." • .Staff recommends these park enhancement in conjunction with the play area work using budgeted Park and Recreation Path Maintenance funds. Budget The budget for the playground project is $225,000. Based on preliminary cost estimates, Staff feels this is adequate funding for the proposed playground design. As stated above, additional park maintenance work would be completed at the same time using budgeted maintenance funds. Schedule With a recommendation from the.Council, Staff will proceed towards Construction Documents and Bidding Once actual bids are received, Staff will return to Council for final approval and to award a Construction Contract Two time frames are being considered: 1. Begin in spring once the snow has melted with completion before July 4m 2. Begin in late summer with completion before mid-November Requested Council Action Staff is requesting the following from the Council: • Provide feedback on the proposed design • Answer the "fence question" • Recommend moving forward with Construction Drawings and Bidding. Seating area :~ '~, , ~ \\ --- ~'` _ Fence ~ ' ~~ ~'?i`~ \\~~~=-Retain existing ... ~,, , Spring ~'oys See Saw ~;,- ~~ i ~ ` _ 1 ' ~, ! i ~\ ', Tot Swings _ ; \; '~ i ~ . ~~ Super Nova ~, ~. ~.. \ - - ~ -- ------ ,\ ,~ - .u, fibre=SclSnni' ' ,. ` Merry go round., ,... ~ ', \/% ` Shaded seating area and Accessible entry ~, u rea/ Dog Park ~_ ~ ~~ -- ~< ° ~ ..L~~~'_c a° f T rf A ^ J " ,® -- ~1 ~, Expanded ', Picnic Area ,, ~ ~ ,~~~ ~~ ~° RE s'm6 a~ -~ ~' a3 ~~ z O 0 z w w z Q J Q} d J H d ~ Y Q a. Z ~' O m GB GB TO 2l7/O6 NTS 1 of 2 ~~~~ ~ ~ \~ ~' . i ~ R /~ ;~ ~ \ ~ .s~ny mm 5~ig7avs ser$~n \:~ ~ ~ ~ ~~ !'----~ ____ __- \\` ~ ' TK Shing ~ ~`I Supe'MVIi ~ ,1 ~~ ~ ~ ' ^ \_`-. -' 'f \\ - ~~ '~` ~. ~~~ .~.~\ , \\ ~ ~m ---~ `~ _v ~ smm.c ''~ \ ~ °°° ~ o (8 /r)~ `\ ~~ ~~, ,. '~, '~, ~ _-~ \~~ ~ \\\~ \ `a, `~ ~ ~~. ~, ~`, ~~\ ~~ ~ '~ ~~ \\ \ ``~ `\~. ~9? ~~ \ \` ~ ~` ,Pemmne \\ ~ o \\ \ ,9q ~` ~,` _~~ ~ `~~~ ago ~ '~ '9a ` c _~ \ \~ I 1 / Nlpc Lge ~ I I ~ ~ i i ~ ,i.~cc~ \, ~~~ ~a~ ~~e a~~ ~k> ae~ z 0 O z w Q Q~ gw ~~ Y a Z O 2 C9 m GB TO^ b~6EWP ~~~6 NTS 2 of 2 c ~ T:~ ~• ro~me~• ~ -.~_..~ ~• ~~ II ~ '•~ ~--- ~, < `.. ~ '-- PlinkNm ~-_' / C__ ~~ B~aC RM __,® ) -__ ~, , J " •~~ ,~~ _ ~ -(I '~ ~ • • i_ \ l •1 /~--- ~\\ i ~ "• • --- - ~ ` ~ ~~ U ~ °~ ``'~ ,• - ~ i ~ ~ ~' ~..~ ~\ /-. The Blooms Inverferl r~gn2;. I'.Marold Newn Ire6 limber !reclaimed); anchored intri i Appro.ximcilf~~ly 4 Ie: r„t high, larac.•;t diameter b' I envision These inverted cones inslailed in a ch nearlyoveriappin~ eacl'i ather's lootprinl. This enhance visitor's perspecrive of fight through c using the shradows fhal the sun would cast Ch'. find inlP.riOr and exterior s~-rnces, climbing n51n c these cones. Vegetation ai id wildlife would be the safely and shelter of 1Piese. inverted can6•s. would behave differently r~uound the (ornu. The Blooms are similar inform to the native Willows ART IN PUBLIC PLACES BIGHORN PARK CJ v ~ n ~ ~ ~ ~ ~ c ('~ ~ ~ t~~~~ t~ ~ Tl~e Community Stone/ Boulder of Hands would create a permanent record, collecting tl~e lands prints of Vail's youth, and setting them in stone. Tl~~ey would be artistically applied, in a pattern that is sympathetic to the stone itself, and significant in establishing a sense of a collective community. Tl~ougl~ children would not be able to truly find tl~eir own Land print, tl~ey would searcl~ the stone to find theirs among the I~~undreds. In ten, or twenty years, adults would return to visit what was a youthful imprint. Tl~e stone will remain, as it has since it was delivered here by tl~e glaciers, and tl~ese handprints will also remain speaking to generations to come.