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worn out and outdated play equipment, and the addition of the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
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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
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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.