HomeMy WebLinkAbout2006-03-21 Support Documentation Town Council Evening SessionTOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, MARCH 21, 2006
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
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 • ITEM/TOP1C: Citizen Participation. (10 min.)
2. Lorelei Donaldson ITEM/TOPIC: Design Review Board (DRB), Planning and
Environmental Commission (PEC) and Art in Public Places (AIPP)
Board Appointments. (10 min.)
ACTION REQUESTED OF COUNCIL:
1) Appoint four applicants to the PEC for a term of two years each
(through March 31, 2008).
2) Appoint three applicants to the DRB for a term of two years
each (through March 31, 2008).
3) Appoint two applicants to the AIPP for a term of three years
each (through March 31, 2009).
BACKGROUND RATIONALE:
There are currently four vacancies for PEC, three vacancies for
DRB and two vacancies for AIPP. The Town received five (5)
applications for the PEC; five (5) applications for the DRB
vacancies and three (3) applications for the AIPP.
Incumbent members of the PEC, DRB, and AIPP are noted by
asterisks below. Also, Nancy Sweeney has served two terms on
the AIPP and will only be able to serve an additional two years out
of the three year term if reappointed due to eight year term limits.
It is requested that the Town Council interview each applicant at
the work session and then appoint four applicants to the PEC;
three applicants to the DRB and two applicants to the AIPP at the
evening meeting.
The applicants are as follows:
0
PEC: DRB:
AIPP:
Dick Cleveland
Anne Fehlner-Gunion*
Roland Kjesbo*
William Pierce
Gwendolyn Scapello
I have enclosec
review.
Mike Dantas Dorothy Browning
William DesPortes Gussie Ross*
Peter Dunning* Nancy Sweeney"
Pamela Hopkins
Margaret Garvey Rogers*
I an attendance summary for each board for your
RECOMMENDATION: Appoint a total of four members to the
PEC for two-year terms each; three members to the DRB for two-
year terms each; and two members to the AIPP for three-year
terms each.
3• ITEM/TOPIC: Consent Agenda. (5 min.)
a) Approval of Red Sandstone Elementary School Lease.
4. Greg Barrie A. ITEM/TOpIC: Gore Creek Promenade Pedestrian Bridge
Replacement. (60 min.)
ACTION REQUESTED OF COUNCIL: Staff is recommending the
replacement of the Gore Creek Promenade Pedestrian Bridge as
presented on March 7, 2006.
Staff is requesting three items:
1. Increase the Project budget to $ 295,000
2. Authorize the Town Manager to enter into a contract with B
& B Excavating, Inc. to construct the Gore Creek
Promenade Pedestrian Bridge Replacement Project.
3, Approve the AIPP expenditure of up to $30,000 for the
artistic railing panels. (See Item B below)
BACKGROUND RATIONALE: An evaluation of the bridge
indicates that it is underdesigned for its intended use. Alternatives
for addressing the concerns include either removirig the bridge
and abutments or replacing the bridge structure while reusing the
existing abutments.
r
Please see the attached Memo for additional information.
B. ITEM/TOPIC: Artwork for Gore Creek Promenade Pedestrian
Bridge Replacement
ACTION REQUESTED OF COUNCIL:
If it is decided to replace the pedestrian bridge, approve AIPP
expenditure for pedestrian bridge railing.
BACKGROUND RATIONALE: The Town of Vail Public Works
Department is soliciting proposals to replace the pedestrian bridge
at Gore Creek Promenade. If approved, construction will begin in
spring, 2006. AIPP would like to enhance the appearance of the
bridge by adding artwork to the
bridge railings.
This project was originally brought to the Town Council and
approved in 2002; however, modifications have been made to
keep within budget. A jury composed of Vail residents chose the
artist. The current proposal combines eight art panels with
traditional spindles. The panels depict Vail recreational activities
and are made of layered perforated stainless steel. Art in Public
Places voted unanimously to approve the artwork shown in the
attached drawings. The board is working with the artist to finalize
construction details. AIPP has approved spending up to $30,000
on the project.
5. Todd Oppenheimer ITEM/TOPIC: East Meadow Drive Streetscape. Award of bid to
B&B Excavating. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve request by staff
to award construction contract for East Meadow Drive Streetscape
Improvements to B&B Excavating for an amount not to exceed
$4,288,111.
BACKGROUND RATIONALE: The Department of Public Works
and Transportation has completed negotiations for the East
Meadow Drive Streetscape Improvements with B&B Excavating
Inc. and Weitz Company. Staff has determined the construction
cost and contract terms provided. by B&B Excavating are the most
favorable for the Town. Staff is requesting permission from the
Council to enter in to a construction. contract with B&B Excavating
for an amount not to exceed $4,288,111.
The comparison of proposed costs are broken down as follows:
B&B Excavatina Weitz Comnanv
Base Bid $3,953,611 $4,041,745
Boiler Room Allowance . $ 250,000 $ 250,000
3rd Boiler 84 500 75 000
Total $4,288,111
$4,366,745
Difference = $78,634 in favor of B8~6 Excavating.
Through negotiation both contractors required two construction
seasons to complete the streetscape work from Vail Road to the
west property line of Crossroads. Currently, without a
=~
commitment from the private property owners, work in the ROW
will begin in the spring with utility trench and snowmelt mains.
Finished streetscape improvements in the ROW and on private
property would be completed in the fall.
The two year budget for streetscape improvements on Easi
Meadow Drive, between Vail Road and Slifer Square, is
$5,600,000. The overall construction costs to the TOV are
projected to be within budget because of the substantial developer
and private property reimbursements.
STAFF RECOMMENDATION: Approve the request to enter into
a construction contract with B&B Excavating for the East Meadow
Drive streetscape Improvements.
6. Tom Kassmel 1TEM%T'OPIC: ORDINANCE NO. 7, SERIES 2006, AN
ORDINANCE PROVIDING CERTAIN TEXT AMENDMENTS TO
TITLE 8, CHAPTER 1, VAIL TOWN CODE, REGARDING USE
OF THE PUBLIC WAY; AND SETTING FORTH DETAILS IN
REGARD THERETO. (10 min.)
ACTION REQUESTED OF COUNCIL Approve first reading of
Ordinance
BACKGROUND RATIONALE: On March 7th at the Council work
session town staff proposed to change the Public Way permit fee
schedule from a flat fee to a rate schedule that is relative to the
impact of the street cut or use of the Public Way. The proposal
included not only charging a fee for street cuts but also for use
and occupancy of the Public Way (i.e. construction staging) and
provided fee schedules for both construction season and non-
construction season. In order to accomplish this in accordance
with town code staff is requesting a text amendment to Title 8
chapter 1 of the Town Code to facilitate the change in fee
structure, along with cleaning up some inconsistencies that are in
Title 8-1.
STAFF RECOMMENDATION: Review the proposed text
amendment and approve first reading.
7. Warren Campbell ITEM/TOPIC: Second Reading of Ordinance No. 5, Series of 2006,
AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT
DISTRICT NO. 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. (1.5 hrs.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 5, Series of 2006, on second
reading.
BACKGROUND RATIONALE: 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 purpose of the new Special Development District is to facilitate
the redevelopment of Crossroads, located at 141 and 143 Meadow
Drive. Upon review of the request, the Planning and Environmental
Commission voted 5=2-0 (Viele and Lamb opposed) to forward a .
recommendation of approval of the request to establish Special
Development District No. 39, Crossroads, to the Vail Town Councii.
On February 7, 2006, the Town Council approved the first reading of
Ordinance 5, Series of 2006, by a vote of 4-3-0 (Logan, Foley, Slifer
opposed). On March 7, 2006, the Town Council tabled the second
reading of Ordinance 5, Series of 2006, by unanimous .vote to the
March 21, 2006, hearing.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Ordinance No. 5, Series of 2006, on second reading.
8. Warren Campbell ITEM/TOP1C: Resolution No. 3, Series of 2006, a resolution
amending certain portions of the Vail Land Use Plan text and map
to identify those properties regulated by the LionsHead
Redevelopment Master Plan, and setting forth details in regard
thereto. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Resolution No. 3, Series of 2006.
BACKGROUND RATIONALE: On February 7, 2006, the
Community Development Department presented an application to
the Planning and Environmental Commission to amend certain
portions of the Vail. Land Use Plan text and map to identify those
properties regulated by the LionsHead Redevelopment Master
Plan. The Commission forwarded a recommendation of approval
to the Town Council by a vote of 6-0-0. Please refer to the staff
memorandum to the Vail Town Council dated March 7; 2006, for
further details (attached).
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves
Resolution No. 3, Series of 2006, as presented.
9• ITEM/TOPIC: Town Manager's Report. (10 min.)
10• ITEM/TOPIC: Adjournment. (9:45 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING
WILL BEGIN AT 6 P.M. TUESDAY, APRIL 4, 2006, IN 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: Department of Public Works
DATE: March 21, 2006
SUBJECT: Gore Creek Promenade
Pedestrian Bridge Recommendations
Background
On .March 7, 2006, Town Council was presented with a request to increase the project budget
for the replacement of the Gore Creek Promenade pedestrian bridge. The Council raised
concerns about the expenditure when a functional International Bridge is located immediately
downstream, and recommended a public hearing on the matter.
Thelssue
The bridge has been evaluated by two structural engineers. Both consider its live load capacity
to be significantly below current design standards.
With this information, the Town currently requires special event organizers to restrict access to
the bridge during special events, however this has not always been successful and no
measures are taken.for restricting access outside of special events. It is important to note that
the bridge appears to be in good shape and in no danger of collapsing under typical daily loads.
Options
After reviewing previous reports and discussing alternatives again with the project design
engineer, staff is prepared to recommend two options regarding the bridge:
A. Full removal of the bridge, abutments, and concrete slab, and repairing the affected stream
bed and banks;
or
B. Reuse the existing abutments and replace of the bridge structure and railings, as proposed
on March 7.
A third option, leaving the bridge in its current condition is not supported by the Town Attorney
or the Town's Insurance Carrier based on the information available. This will be discussed in
more detail during the public hearing.
Explanation of the Options
Option A -Removing the bridge would include removal of the bridge structure, the abutments,
and the concrete slab across the river bottom. The stream bed and banks could be
reconstructed with natural materials and added landscaping. However, the work would require
boulder walls, site work, and railings along a portion of the Promenade walkway to maintain the
current width and protect pedestrians from a significant drop-off. A railing is already in place
between the two bridges because of the steep bank height, and this would need to be extended.
Estimated Removal Cost: $ 232,000 (with artistic railing panels)
• One intention of the International Bridge was to carry both pedestrian and vehicular traffic.
The pedestrian bridge had been scheduled for removal as part of that project.
• Removing the bridge would open up-the view of Gore Creek and the Promenade from the
International Bridge to the east, and the beautiful architecture of the International Bridge
would be fully visible from the Gore Creek Promenade.
• Removal of the bridge, abutments, and concrete slab would permit reconstruction of the
natural banks and stream bed, creating fish and aquatic insect habitat.
• It is possible to remove only the bridge; however, the remaining abutments would look out of
place, and the concrete slab would be more visible than it currently is. This alternative
would require some new railings, stone veneer, and some site work at an estimated cost of
around $75-$100,000.
• Impacts to the Whitewater Park -Removing the bridge; abutments, and concrete slab will
have a significant impact on Vail's Whitewater Park. The hydraulic engineer working on the
Whitewater Park feels that the only reason the existing whitewater feature is somewhat
successful is because of the concrete slab.
o Removal of the abutments will not improve the floodplain concerns in the area
o Removal of the slab could potentially lower the floodplain but there would be no
possibility of a world class whitewater feature in this location.
o Removing the slab would eliminate the possibility of the adjustable whitewater feature as
proposed :in January.
o A traditional boulder feature could be constructed instead; however, as with most
boulder whitewater features, its success would be uncertain and it would likely require
adjustment in the future.
Option B -Replacing the bridge-would include removal of the existing bridge structure and
railings. and constructing a new bridge with steel beams and a concrete deck, while reusing the
existing abutments. It would also include aesthetic improvements including stone pillars on the
corners, new lighting to match streetscape lighting, and new railings.
Replacement Cost per Proposal: $ 325,000 (with artistic railing,panels)
• There is some community attachment to the bridge whether for' sentimental reasons or for
possible economic benefit to the Promenade businesses.
• Observation of traffic patterns in the area show that the bridge is heavily used. Traffic
counts indicate .use is heavier iii the summer than in the winter.
• The entrance to the Gore Creek Promenade is narrow and the pedestrian bridge adds a
second opportunity for access and egress to the Promenade shops and restaurants.
• The bridge is an ideal viewing location for both .the Whitewater Park and the Duck Race.
The combination of the International Bridge, the boulder amphitheater on the north bank, the
tall south bank and the pedestrian bridge create a 360° arena for competitive whitewater
events not seen in other whitewater venues. The creation of a world class whitewater
feature would certainly benefit from.this arena-type setting. "
• Improving the Whitewater Park will likely draw additional crowds who stop to watch
kayakers; and that raises the potential for unsupervised overloading of the bridge.
Schedule
It is critical, in either scenario, for a decision to be made on March 21. Village Streetscape
Improvements on the Gore Creek Promenade are scheduled to begin April 24`h
If the bridge and abutments are to be removed, there are impacts to Village Streetscape
construction schedules and contracts, and design work on the Whitewater Park. There will be
additional engineering and streetscape design required and permits and approvals to be
obtained for fall removal.
If the bridge is to be replaced, the steel must be ordered as soon as possible. The contractor
estimates 8 to 10 weeks for delivery. Postponing a decision on the bridge may cause an
additional season of disruption to the Promenade businesses.
Budget
Current Project Budget: $ 125,000
Cost of Replacement: $ 295,000
Required budget increase: $ 170,000
The Raw Water project at Donovan Park was budgeted in 2005 for $200,000 from Real Estate
Transfer Tax (RETT). This project is now being paid for by the Eagle River Water and
Sanitation District. That fundirig could be a potential source for the additional cost of the project
without increasing the overall RETT budget.
Note: An additional .$30,000 for the artistic railing components has been approved by the Art in
Public Places Board (AIPP) from their 2006 budget. If the bridge into be replaced, this
expenditure will also require approval from the Council. With this approval:
Total Bridge Replacement Cost: $ 325,000
Action Requested by Council
Based on the available information, town staff recommends replacing the bridge as proposed on
March 7, 2006.
Staff is requesting three items:
1. Increase the Project budget to $ 295,000.
2. Authorize the Town Manager to enter into a contract with B & B Excavating, Inc., to
construct the Gore Creek Promenade Pedestrian Bridge Replacement Project.
3. Approve the AIPP expenditure of up to $30,000 for the artistic railing panels
.._..,.
I
2" x 3" Top Rail
Steel Angle Frame
Layered Perforated
Steel Art Panel
2 1/2" Square Post
popper ugnt nxture to matcn vmage View from International Brid e
Art Panels constructed of layers Streetscape bollard fixture Scale 1"= 5' g
of perforated stainless steel. .
Color "Mocha" Stone pillar to match
International Bridge
Railing constructed of tubular steel w/ 1"
square pickets. Color "Brevity Brown"
Bridge structure and deck edging to match rail
Gore Creek Promenade
Pedestrian Bridge Replacement-Project
Railing Design and Layout
Artwork by: Lisa Fedon
Presented by: Art in Public Places
March 2006
~ l-
and Bottom Rail
- ~~ Concrete Bridge Deck
Bridge structure and deck edging color to
match rail "Brevity Brown"
Rail. Section
Scale 34" = 1'
Elevation B
View from Upstream
Scale 1"= 5'
c °(~ ~
:..-
Elevation B ~ ~ ~ ~
i
- -- ,~
~,
k
~`~~~
Elevation A
a
Plan View Scale: 1"= 20'
From: Boyle 9704764383 To: Gregg Barrie Date: 3/13!2006 Time: 9:28:28 AM
/~ Boyle engineering, inc.
/ / crossroads shopping center
143 e. meadow drive suite 390 veil, Colorado 61657
970/476-2170
fax 970/476-4383
March 9, 2006
Gregg Bame
Town of Vail Publics Works
1309 Elkhorn Dave
Vail, Colorado $1657
Subject: Pedestrian Bridge
Gore Creek Promenade
Vail, Colorado
Dear Gregg:
At your request I have inspected and analyzed the precast tee pedestrian bridge over Gore Creek in
Vail Village. This is a summary of my findings.
The deck of the bridge is made up of one 8' wide by 18" deep precast double tee. It appears that this
member is topped with 3" of concrete. The member spans approximately 51' across the creek. I could
not determine if the tee and topping are regular weight or lightweight concrete. It is likely that regular.
weight concrete has been used for the topping for durability purposes.
It is nearly impossible to perform an exact Toad capacity analysis on a precast member such as this
since the member could have been reinforced with any of a half a dozen different reinforcing strand
schedules. Generally I look at the most, conservative reinforcing strand pattern when predicting the
capacity of such a member.
in the case of this bridge, the only strand pattern that comes close to beirig on the chart for an 18" deep
member spanning 51' is the heaviest reinforcing schedule available. In other words, if I look at this
member assuming that it has been reinforced with the maximum amount of steel for an 18" deep tee,
the load tables only go up to a 50' span for lightweight concrete and a 46' span for regular weight
concrete, Furthermore, these tables are based upon 2" of concrete topping as opposed to the 3" that
appears tv be on this bridge. The extra inch likely erodes into the ultimate live Toad capacity of the
bridge by 12 pounds per square foot.
My best guess based upon a rather loose extrapolation is that the live load capacity of the bridge is
under 30 pounds per square foot. Abridge of this usage should be designed for a minimum of 100
pounds per foot. It is possible that this member was reinforced with a heavier schedule than shown on
the standard PCI tables, but this would require extensive X-ray or Ultrasonic testing to verify.
In short, I have to advise you to limit the number of people on this bridge during any special events in
the area. I am estimating that it can safely support approximately Sfl people at a time. It would be
possible to load test the bridge using sand bags to see if it could safely support a greater load, but you
would run the risk of damaging the member during the process.
Page 2 of 3
During my inspection I~ also noted that the current rail has voids between members that are nearly 6".
Current code standards require that rail elements be close enough together that a 4" sphere cannot
pass through between any of the components-
7
From: Boyle 9704764383 To: Gregg Barrie Date: 3/13/2006 Time: 9:28:28=AM
Page 3 of 3
• Page 2 March 9, 2006
I hope this provides you with the information you requested. I am sorry that I cannot provide you with
more absolutes regarding the capacity of this member, but as I stated above it is very difficult to arrive
at absolutes on precast members even with sophisticated testing equipment. However, the values in
the tables are low enough that it is fairly clear that the member is considerably underdesigned to meet
local code requirements.
Please feel free to give me a call if you have any questions or comments on this matter.
BOYLE E
Timothy n
President
Sincerely yours,
,...
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MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: March 21, 2006
SUBJECT: Second 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 and Crossroads West One,
.LLC, represented by Mauriello Planning Group, LLC.
Planner: Warren Campbell
I. DESCRIPTION OF THE REQUEST
The applicants, Crossroads East One LLC and Crossroads West One, LLC,
represented by Mauriello Planning Group, LLC, is requesting a second 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 second reading:
II. 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:
e
• 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 with conditions of the request to the Vail Town
Council.. The conditions recommended by the Planning and Environmental
Commission have been incorporated into the proposed Ordinance.
On February 7, 2006, the Town Council approved Ordinance 5, Series of 2006,
by a vote of 4-3-0 (Slifer, Logan, Foley opposed)
On March 7, 2006, the Town Council unanimously voted to table the second
reading of Ordinance 5, Series of 2006, to the March 21, 2006, hearing.
ZONING ANALYSIS
December 12, 2005 Proposal
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
Lot Area:
Buildable Area:
Setbacks:
Front (Frontage Road):
West Side:
East Side:
Front (Meadow Drive):
Building Height:
Density:
GRFA:
Site Coverage:
Allowed Proposed
20,000 sq. ft. 115,129 sq. ft. (2.643 acres)
115,129 sq. ft.
20' 3' to 19'
20' 3' (loading dock) to 25'
20' 0' to 25'
20' 0' to 150'
38' 99.9 ft.
18 units/acre
47.5 D.U.s
46,051.6 sq: ft.
(40%)
86,346.8 sq. ft.
(75%)~
26.1 units/acre
69 D.U.s
199,830 sq. ft.
(173.6%)
107,772 sq. ft.
(93.6%)
2
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)
IV. STAFF RECOMMENDATION
The Community Development Department recommends that the Vail Town
Council approves Ordinance No: 5, Series of 2006, upon second reading.
V. ATTACHMENTS
A. Ordinance 5, Series of 2006
B. Draft of Proposed Developer improvement Agreement
C.' Copy of the proposed plans for redevelopment dated December 12, 2005
D. Copy. of the staff memorandum to the Planning and. Environmental
Commission dated January, 23, 2006
3
ORDINANCE N0. 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 ofthe Town of Vail held a public
hearing on Jariuary 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 in the Title 12, Zoning 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: .
Text to be deleted is shown as ~+~~'~^ +"~^~ ~^" and text to be added is shown in bold
italics.
Ordinance No. 5, Series 2006
Vail Town Council Attachment: A
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, Vail Village Filing
1, which comprise a total of 115,129 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
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 March 7, 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 temporary certificate of
occupancy ora final 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
Ordinance No. 5, Series 2006 2
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 Rlan, described
in Section 2 herein.
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:
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 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
Ordinance No. 5, Series 2006 3
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.
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 fire and life safety plan for review and
approval by fhe Town of Vail Fire Department.
2. 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.
3. 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.
4. The Developer shall submit a comprehensive sign program for review and
approval by the Design Review Board.
5. 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.
6. 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.
7. 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.
Ordinance No. 5, Series 2006 4
The Developer shall address the following conditions of approval prior. to requesting a
temporary certificate of occupancy or a final certificate of occupancy;
The Developer shall be assessed a traffic impact fee of $888 $6,500 per net
trip increase in p.m. traffic, or ~r34&989 $442,000. 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 sib
twelve (12) beds generated by the redevelopment of Crossroads, and that said
deed-restricted employee housing shall be made available for occupancy, and
that the deed restrictions shall be recorded with the Eagle County Clerk &
Recorder, prior 'to issuance of a temporary certificate of occupancy or final
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).
rrJ rJ~..~ r'...4r7.+4 +h ~, r.lr.~m~ h~,~ ininn hor7n r~rir~r #~ r ~ ~ontinn ~ ~omr~e~rrr~i
. 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.-fie
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e~S~u~rraReEl-~y-tbG-rvvvTr,-n~cT e-S6 66$ .
The developershall be required to locate the twelve (12) required employee
beds within the Town of Vail boundaries.
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
Ordinance No. 5, Series 2006 5
real estate sales offices may be allowed on the plaza level of retail during the first
two years following the issuance of a temporary certificate of occupancy or
certificate of occupancy in order to allow effective sales of dwelling units on-site.
Section 5. tf 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 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 Towri 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 March, 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
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 21St day of March, 2006.
Rodney E. Slifer, Mayor
ATTEST:
.Lorelei Donaldson, Town Clerk
Ordinance No. 5, Series 2006 '7
~::~R;1-1 I~, 2(it4fi
CROSSROADS DEVELOPMENT AGREEMENT
THIS CROSSROADS DEVELOPMENT AGREEMENT (this "Agreement") is made
effective as of the -day of March, 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 plans to allow for the redevelopment of the
Property pursuant to Town of Vail Ordinance No. 5, 2006 (the "Crossroads Project").
C. Pursuant to the Crossroads Approvals, hereinafter defined, and to further mitigate the impact
of the Crossroads Project, Crossroads has agreed to provide certain public benefits and
improvements 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. References to the Crossroads Approvals. The "Crossroads Approvals" shall refer to those
plans, specifications and agreements approved by the Town for the Crossroads Project. The
"Final Plans" include the plans approved as part of Town of Vail Ordinance No.S, Series
2006, plans approved by the Town's Design Review Board (the "DRB"), and construction
plans approved in connection with any building permit.
2: Required Improvements-Allocation of Responsibility. The parties hereby agree that if
Crossroads obtains a building permit and commences construction of the Crossroads Project,
Crossroads shall be responsible for the following improvements as more specifically set forth
below (the "Required Improvements"):
a. Public Improvements: Pursuant to the Crossroads Approvals, Crossroads is responsible
for designing, installing and constructing (as applicable) the following improvements, as
depicted on the Final Plans .(the "Public Improvements"):
i. New heated paver sidewalks along the south side of South Frontage Road, the
north side of East Meadow Drive, and the west side of Village Center Road.
ii. New curbs and gutters along South Frontage Road, East Meadow Drive, Willow
Bridge Road and Village Center Road.
Vail Town Council Attachment: B
iii. Anew raised median in South Frontage Road with new landscape materials and
irrigation facilities.
iv. Street lighting, as approved by the DRB, on South Frontage Road, East- Meadow
Drive, Willow Bridge Road and Village Center Road.
v. Storm drainage improvements adjacent to the Property and along South Frontage
Road, East Meadow Drive, Willow Bridge- Road and Village Center Road to
adequately convey storm-water runoff.
vi. Reconstruction of Village Center Road, including the installation of heat tubing
for connection by the Town to a Town heat source, the connection to the heat
source, ,all costs of providing the heat source, the maintenance. of the heat source
and heat tubing, costs allocated for heating Village Center Road,. landscape
materials, construction of a utility conduit trench system, street lighting, concrete
unit pavers and' the required subsurface support system. Crossroads shall be
responsible for heating Village Center Road for the life of Special Development
District No. 39, Crossroads (the "SDD").
vii. Reconstruction of East Meadow Drive and Willow Bridge Road, including. the
installation of heat tubing to, be made available to the Town for future connection
by the Town to a Town funded, heat source (not yet determined), landscape
materials and planters, construction of utility- conduit trench system, street
lighting, concrete unit pavers and the required subsurface support system.
viii. Crossroads shall be responsible for the heat and snowmelt facilities; including the
heat plant and heat distribution system, required for the sidewalks along the south
side of South Frontage Road, the north side of East Meadow Drive and the west
side of Village Center Road, the Plaza (as hereinafter defined), other walkways
within the Property boundaries, .and the ongoing operation and maintenance of
such facilities. Notwithstanding the foregoing, Crossroads may install and
operate the heat plant and heat distribution system iri locations satisfactory to
Crossroads, in its ordinary business judgment, in such area(s) as are specified on
the Final Plans.
ix. Crossroads shall be responsible for irrigating and maintaining all landscape areas
and plant materials within the public right-of--way located directly adjacent to the
eastern-most portion of the Property, as depicted on the Final Plans.
b. Other Required Improvements: Pursuant to and in accordance with the Crossroads
Approvals, Crossroads is also responsible for providing, constructing, operating and
maintaining (as applicable). the following improvements:
i. :Public Plaza: The Crossroads Project includes a plaza of approximately 24,130
sq. ft. (the "Plaza"). Once construction of the Crossroads Project is complete, as
evidenced by the issuance of a temporary certificate of occupancy, and subject to
the additional terms and conditions contained herein, Crossroads or its designee
shall transfer, assign or otherwise convey to -the Town (or aTown-controlled
Agmt-DIA Crossroads (FINAL) 2
~-I A I~€.11 1 , vll~
general-improvement district) the authority to operate the Plaza for the public
benefit, as more specifically described in Section 3 below.
ii. Ice Rink.• The Plaza will include an ice rink (the "Ice Rink") during the Ski
Season, as hereinafter defined.
A. Barring any climatic anomalies, Crossroads shall operate the Ice Rink during
Ordinary Operating Hours, as defined below, throughout the Ski Season.
Each .year, the "Ski Season" shall commence the Saturday before
Thanksgiving and run until the last day of operation of the Vail Mountain ski
lifts. "Ordinary Operating Hours" shall mean those hours of operation
observed by similarly situated skating facilities in the ordinary course of
business.
B. The general public shall have access to the Ice Rink free of charge, subject to
such reasonable rules and regulations as Crossroads may determine from time
to time.
C. Crossroads shall install, .maintain and operate refrigeration equipment
adequate to maintain a suitable ice surface throughout the Ski Season without
the use of sunscreens or sunshades; provided, however, that the Plaza may
include-subject to DRB approval-sunscreens or sunshades for aesthetic
reasons unrelated to the quality of the ice aurface. The refrigeration
equipment, sunscreens and/or sunshades, if any, shall be as depicted on the
Final Plans.
D.. Subject to Force MajeuTe Delays, as defined below, Crossroads shall
commence Ice Rink operations no .later than 6 months after the issuance of a
temporary certificate of occupancy for the Crossroads Project:
E. Crossroads shall operate the Ice Rink in good faith for the life of the SDD.
F. During the Ski Season, Crossroads shall operate a concession facility to rent
ice skates at commercially reasonable rates..
iii. Public Art: Crossroads shall provide at least $1.1 million in public art to be
located on Crossroads Project site (the "Public Art"). The Public Art required
hereunder must be (A) approved by the Town Council upon recommendation
from the Art in Public Places Board, such approval not to be unreasonably
delayed or withheld, and (B) located inplain-sight, open area(s) of the Crossroads
Project to ensure that it may be viewed and enjoyed by the public. Applications
for approval by the Town shall be accompanied by a narrative and visual
description of the artwork, a schedule for installation, an itemized budget, the
artist's resume and a maintenance plan. All Public Art shall be installed within 1
year after the issuance of a temporary certificate of occupancy for the Crossroads
Project and remain in place for the life of the SDD; provided, however, that
Crossroads may, with the Town's prior written approval, remove and replace all -
or any portion of the Public Art. Notwithstanding the foregoing, if, after meeting
Agmt-DIA Crossroads (FINAL) 3
f4~::~.~Z`1:1 1, 261~~9fi
its $1.1 million .obligation hereunder, Crossroads elects to install additional
artwork in open areas of Crossroads Project, such artwork shall riot, be subject to
the provisions of this paragraph. Further, notwithstanding anything to the
contrary contained herein, all artwork on the Property, including, without
limitation, the Public Art, shall be the exclusive property of Crossroads.
iv. Loading Berth: The Crossroads. Project shall include afive-berth loading and
delivery facility as depicted on the Final Plans (the "Loading Berth"). Crossroads
agrees to make the Loading Berth available, free of charge, for use by area
businesses as part of the Town's dispersed loading and delivery program.
Crossroads and the Town shall jointly establish reasonable rules and regulations
governing the use of the Loading Berth in order to accommodate Crossroads
loading and delivery needs and prevent Crossroads from bearing any undue risk
associated with public use of the facility. Crossroads agrees to provide access to
the Loading Berth from the Plaza Level via elevator or other conveyance, as
shown on the Final Plans.
v. Bus Waiting Area: The public may use the portion of the southwest corner of the
Plaza and the stairs adjacent thereto (as shown on the Final Plans), as a waiting
area for the Town's in-town shuttle (the "Bus. Waiting Area").
vi. Restrooms:. The Crossroads Project includes public restroom facilities on the
Plaza Level and the Garage Level, as depicted on the Final Plans (the "Public
Restrooms"). The Public Restrooms shall be open, available and readily
accessible to the general public from Gam until tam each day and shall be
appropriately signed to facilitate public use. Crossroads shall be responsible for
operation and maintenance of the Public Restrooms.
vii. Bowling Alley and Movie Theater: The Crossroads Project.includes aspace that
will be developed as athree-screen movie theater (the "Movie Theater") and a
space that will be developed as a ten-lane. bowling alley (the "Bowling Alley").
The improvements necessary for the operation of the Movie Theater and Bowling
Alley will be completed prior to the issuance of a temporary certificate of
occupancy for the residential component of the Crossroads Project, or any portion
thereof. Crossroads shall operate the Movie Theater and Bowling Alley in good
faith for the life of the SDD and in material conformity with standards generally
. and ordinarily observed by recognized first-class operators of similar facilities in
the Denver metropolitan area.
A. Change of Use-Crossroads. Crossroads shall provide not less than 90 days'
notice to the Town of its intent to discontinue operating the Bowling Alley or
Movie Theater. Additionally, any change of use (permitted or conditional) or
.deliberate discontinuance of Movie Theatre or Bowling Alley operations for.
more than 90 consecutive days or for 100 days out of any 180-day period shall
require Crossroads to obtain a major amendment to the SDD authorizing such
change of use or discontinuance. Any proposed change of use must provide
"public amenity" in the same, sense as the Bowling Alley .and Movie Theater
Agmt-DIA Crossroads (FINAL) 4
i~~I:~~R~_'II 1.4, 211(l~
provide public amenities.
B. If Crossroads has not in good faith submitted a request for an amendment to
the SDD, reasonably acceptable to the Town, within 4 months after
Crossroads' deliberate discontinuance of Movie Theatre or Bowling Alley
operations, Crossroads shall pay to the Town: $5,000 per day for each day that
the Bowling Alley, or other Town-approved public amenity, is not operated in
the Bowling-Alley space; and $2,000 per day, per Screen (hereinafter
defined), for each day that the Movie Theater, any Screen contained therein or
other. Town-approved public amenity, as applicable, is not operated in the
Movie-Theater space. The Town may adjust the foregoing amounts from time
to time by multiplying each by the cumulative, increases in the Consumer
Price Index, taking the year in which the Bowling Alley and Movie Theater
are granted temporary certificates of occupancy as the base year. "Screen"
shall mean any of the three Movie Theater screens depicted on the Final Plans.
C. In addition to the foregoing, Crossroads shall operate the Movie Theater and
Bowling Alley year-round, in good faith, for the life of the SDD and shall not,
in any event, suspend operations solely to avoid the economic consequences
of poor attendance during seasonal lulls in local tourism. If Crossroads
ceases operations in violation of this paragraph for more than 30 consecutive
days or for 40 days out of any 60-day period, Crossroads shall pay to the
Town the amounts set forth immediately above for each day that the. relevant
operation(s) remain closed.
c. Offsite Improvements: The Required Improvements shall be as described in the
Crossroads Approvals and depicted on Final Plans. To the extent Crossroads has
ongoing .obligations with respect to the Required Improvements that are to be located
within properties owned by the Town (the "Offsite Improvements"), the Town shall grant
Crossroads a perpetual easement allowing Crossroads to fulfill such obligations, as .more
specifically set forth below. All Offsite Improvements shall be constructed using the
same specifications, design and materials utilized by the Town .for similar work. The
DRB shall review all plans and specifications for the Offsite Improvements. The Town
shall inspect and approve all work associated with the Offsite Improvements.
i. Construction and Maintenance Easement: The Town hereby grants and declares,
for the benefit of Crossroads and its designees from time to time, anon-exclusive
easement (the "Construction and Maintenance Easement") for the construction
and installation (as applicable) of those portions of the Offsite Improvements that
are to be located within properties owned by the Town. Those parties are further
authorized to enter those properties and undertake therein any related construction
warranty work or subsequent repairs or maintenance for which Crossroads may
otherwise be obligated and which pertain to the Offsite Improvements that remain
in place from time to time, with Crossroads' obligations in this regard being
conditioned on the effectiveness of this authorization or other authorization
provided by the Town allowing for timely entry.
Agmt-DIA Crossroads (FINAL)
I:R~'~ 14, 211{lti
d. Employee Housing:.. Crossroads shall provide the Town deed restricted employee
housing sufficient to accommodate 12 occupants by executing appropriate restrictive
covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall
conform, to the following floor area requirements: cone-bedroom. unit shall contain at
least 550 sq. ft. of floor area and accommodate no more than 2occupants; atwo-bedroom
unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3
occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of floor area and
accommodate no more than 4 occupants; and afour-bedroom unit shall contain at least
1,500 sq. ft. of,floor area and accommodate no more that 5 occupants. The Town may
approve minor .variations in floor area when the overall intent of the -floor area
requirements is being met. Any deed restriction shall be for property located within the
Towri. Such deed restriction(s) shall be executed and provided to the Town for recording
and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary
certificate of occupancy for the Crossroads Project or any phase thereof. Any deed
restricted employee housing unit shall comply with the standards and procedures
established by the Town Zoning Regulations.
e. Traffic Impact Fees: Crossroads acknowledges and agrees that the Crossroads Project
may generate 68 additional PM peak hour trips and agrees to pay the Town a traffic
impact fee of $6,500 per PM peak hour generated trip, for a total of $442,000 (the
"Traj~c Impact Fee"). The parties further acknowledge and agree that the obligation to
pay the Traffic Impact Fee shall be a condition of the issuance of a building permit for
the Crossroads Project; provided, however, that payment of the fee shall not be required
until the issuance of a temporary certificate of occupancy for the Crossroads Project.
Crossroads agrees that this Traffic Impact Fee has been fairly and properly calculated to
offset the .impacts created by the Crossroads Project. The parties further acknowledge
and agree that the Traffic Impact Fee shall be used by the Town working cooperatively
with CDOT for improvement to the South Frontage Road to accommodate a future turn-
around or other warranted improvement.
f. Operating ,Covenant. The .Crossroads Project includes the development of residential
condominiums, retail and commercial space.
i. The residential portion. of the Crossroads Project includes a lobby, front desk and
concierge facilities. Crossroads and the Town shall enter into an Operating
Covenant Agreement requiring Crossroads to operate the lobby, front desk and
concierge facilities (the "Lobby Amenities") in material conformity with the
standards generally and ordinarily maintained by any recognized first-class hotel
operator for the life of the SDD.
ii. The Project includes commercial and retail space on the Plaza Level and
Promenade Level as depicted on the Final Plans. The Operating Covenant
Agreement shall require the retail and commercial space, including, without
limitation, the Movie Theater and Bowling Alley, to be owned and operated as a ,
unified commercial enterprise ("Unified Commercial Enterprise') for the life of
the SDD.
Agmt-DIA Crossroads (FINAL) 6
1~'~r~~C;i~I ~.~, ~~~~~~
g. Condominium Covenants, Conditions and Restrictions: Prior to the approval of the final
plat and condominium map for the Crossroads Project, the Town shall review and
approve the Condominium Covenants, Conditions and Restrictions (the "CC&R's") for
the Crossroads Project. Crossroads shall be required to include in CC&R's, or other
appropriate condominium document(s), provisions allowing public activities and events
on or about the Plaza in conformance with provisions of this Agreement.
h. Parking Management. Before applying for a building permit for the Crossroads Project,
Crossroads must submit and the Town Council must approve a parking management plan
(the "Parking Management Plan") which sets forth, in sufficient detail, the proposed use,
operation and management of the parking facility planned in connection with the
Crossroads Project (the "Parking Facility"). The Town Council shall approve the
Parking Management Plan so long as it is reasonably calculated to (i) maximize the use
and occupancy of the Parking Facility and (ii) ensure that spaces not used by owners of
residential condominium units or by commercial tenants or owners are available. to the
general public to the greatest extent possible. Such approval shall not be unreasonably.
withheld or delayed.
i. bnprovements to Vail Village Inn Phase 3 Property: Pursuant to 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 (the "Association"). If the Association does not agree to the improvements
as proposed by Crossroads and the easement documentation required by Crossroads to
evidence same, then Crossroads is hereby relieved of any requirement to provide said
improvements. Crossroads proposes to fund, install, and construct (as applicable) the
following improvements:
i. Four (4) large evergreen trees (20' in height) will either be relocated or planted
new in the area indicated on the Final Plans, subject to direction on the exact
location provided by the Association. Continued maintenance of these trees shall
be the responsibility of the Association;
ii. A private pocket 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. Crossroads will fund the
construction of these improvements. The individual property owners will be
responsible for continued- maintenance of the improvements. Each property
owner will maintain the improvements within his/her property; and
iii. The stairs indicated on the site plan will be converted to an ADA accessible ramp
that extends onto the property of the Association. Crossroads will fund the
construction of these improvements; but continued maintenance of the
improvements will be the responsibility of the individual property owners. Each
property owner will maintain the improvements within his/her property.
j. Crossroads shall dedicate anon-exclusive public access easement on the west side of the
Agmt-DIA Crossroads (FINAL) 7
~~L~~R~;II 14, 2tD0~i
Crossroads Project connecting the Vail Village Inn Phase 3 to East Meadow Drive and
the Plaza, as depicted on the Final Plans.
3. Special Taxing Districts and Public Finance. The parties intend that the construction, .use,
operation and maintenance of the Public Improvements and certain other Required
Improvements will be governed by and financed through the- creation of one or more
metropolitan districts, established pursuant to C.R.S. § 32-1-101 et seq. (the "Special District
Act"), and a single general-improvement district, .established pursuant to C.R.S. § 31-25-101
et seq., as more specifically described and defined below (collectively, the "Special Taxing
Districts") . The parties believe that this structure will: (a) properly allocate the various
rights and responsibilities associated with the construction,' use, operation and maintenance
of the Required Improvements; (b) reinforce the public character of the Plaza by placing its
management in the hands of public, quasi-governmental entities; (c) grant the Town authority
to control the use of the Plaza and the operation and maintenance of certain other Required
Improvements; and (d) provide a reliable, enduring financing mechanism to ensure the long-
term vitality of the Required Improvements. -For purposes of this Section 3, references to the
"Required °Improvements" shall mean -only those Required Improvements that qualify for
public financing under Colorado law. In consideration of the foregoing, the parties agree as
follows:
a. The Town will permit and provide requisite approvals for the formation of not more than
two metropolitan districts proposed by Crossroads, whose boundaries will be coextensive
with the Property limits (the "Metropolitan Districts"). The service plan for the
Metropolitan Districts (the "Service Plan") will authorize the Metropolitan Districts to
undertake the construction, financing, operation and maintenance of the Required
Improvements, or applicable portions thereof. In addition, the Service Plan will limit.the
Metropolitan Districts' powers to: (i) constructing the Required Improvements; (ii)
operating and maintaining all Required Improvements not operated and maintained by
the GID. (hereinafter defined), as more specifically set forth below; (iii) securing
financing necessary to perform such functions through the ,imposition of property taxes
and development fees; and (iv) taking such other actions and exercising such other
powers, consistent with the Special District Act, _ as are necessary for or incidental to the
performance of the Metropolitan Districts' duties as outlined in the Service Plan.
b. Concurrent with and subject to the formation of,the Metropolitan Districts for the
purposes contemplated hereunder, Crossroads will execute a petition for the formation of
a single general-improvement district, whose boundaries will, be coextensive with the
Property limits (the "GID"). The GID will be authorized to undertake, pursuant to an
intergovernmental agreement with the Metropolitan Districts (the "IGA"), the
management, operation and maintenance of certain Required Improvements and the
financing required in connection therewith. The IGA will expressly limit the GID's
powers to: (i) controlling the use of the Plaza; (ii) operating and maintaining certain
Required Improvements; and (iii) securing financing necessary to perform such
functions.
c. Subject to the other provisions of this Section 3, the Metropolitan Districts will delegate,
assign or otherwise convey to the GID the authority to control the use of the Plaza,
Agmt-DIA Crossroads (FINAL) 8
pursuant to the terms of the IGA, for the life of the SDD. Such authority shall include,
without limitation, the. power to plan, program, schedule, administer and regulate all
public and special events conducted on the Plaza and otherwise use. and .run the Plaza for
the public benefit; provided, however, that all Plaza uses including, without limitation,
public and special events, must be consistent with ordinary uses for similar public parks
within the Town. Although the Town-run GID will have the authority to control the use
of the Plaza,_within the parameters of the IGA, the Metropolitan Districts will retain the
responsibility for maintaining the Plaza in material conformance with the .standards
generally and ordinarily. observed by any recognized first-class hotel operator ~ (the
"Operating Standard"). If the Metropolitan District fails to maintain the Plaza consistent
with the Operating Standard, the Metropolitan District shall delegate, assign or otherwise
convey to the GID the authority to maintain the Plaza for the life of the SDD; provided,
however, that the GID shall be required to maintain the Plaza in compliance with the
Operating Standard, the IGA and any other agreement(s) or instrument(s) bearing on the
operation and maintenance of the Plaza.
d. In addition to the foregoing; the parties agree that the following provisions shall govern
the use and operation of the Plaza:
i. The public shall have free and unrestricted access to the Plaza, except during
public and special events approved by the GID.
ii. No special events shall conclude after 11:OOpm without the prior written consent
of Crossroads and the Metropolitan Districts.
iii. Crossroads shall have the right to schedule and conduct 15 special events each
calendar year; provided, however, that Crossroads shall be required to schedule
and conduct such special events in accordance with the GID's procedures in effect
from time to time.
iv. The party conducting the special event shall. be responsible for all costs associated
with the special event, including the cost of cleaning the Plaza consistent with the
Operating Standard and restoring the Plaza to the condition that existed prior to
the occurrence of the special event. To the extent that the party conducting the
special event cannot complete such cleanup and restoration prior to 11:OOpm on
the night of the special event, such party shall complete the remaining cleanup
and restoration between 7:OOam and 10:00am on the following morning:
v. All special events shall be conducted in such a manner as to .allow free and
unrestricted access to the commercial establishments adjacent to the Plaza at all
times.
4. Bonding For Public Improvements. The parties hereby acknowledge and agree that, except
as otherwise expressly provided herein, no certificates of occupancy, temporary or
permanent, will be issued for the Crossroads Project until Crossroads has: (a) completed the
Required Improvements as set forth in Section 2 above; or (b) posted or caused to be posted
security for the remaining incomplete items with the Town (by letter of credit or other
Agmt-DIA Crossroads (FINAL)
~w'I:~R~~:II ~, 2(1(~fi
reasonably acceptable financial device), in an amount equal to 125% of the projected
construction costs of those remaining items.
5. Schedule for Performance. Crossroads agrees to commence Vertical Construction, as
hereinafter defined, not later than 3 years following final non-appealable approval of Town
of Vail Ordinance No. 5, Series 2006. ~"Vertical Construction" shall mean above ground
construction of the frame or at least one elevator core.
6. Certificate of Com liance. It is agreed that, upon completion of any of the Required
Improvements contemplated by this Agreement and the expiration of the warranty period (as
defined below), the Town shall, upon the request of the party responsible for the particular
Required Improvement(s), execute a certificate stating that such improvement(s) 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, consistent with the Final Plans.
7. Warranty. Crossroads shall warrant any and all Offsite Improvements for which it is
responsible hereunder for a period of 2 years from .the date of substantial completion, as
evidenced by the issuance of a temporary certificate of occupancy ("Substantial
Completion"). Specifically, Crossroads shall warrant that any and all offsite 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 for a period of wo 2
years from the date of Substantial Completion.
8: Liability of Successors. The provisions hereof touch and concern and run with the ownership.
of'the Property. However, Crossroads' rights and obligations as set forth in this Agreement,
including, without limitation, Crossroads' responsibilities with respect to the Required
.Improvements (the "Development Obligations"), shall be assignable as set forth below:
a. Subject to and in accordance with the provisions of Section 3 above, Crossroads will
assign to the Metropolitan Districts the authority to construct, operate and maintain the
Required Improvements, or eligible portions thereof, to the extent the same qualify for
public financing under Colorado law,
b. In addition to the foregoing, Crossroads may assign the operation and maintenance of any
Required Improvements that do not qualify for public financing under Colorado law
(including, by way of example, the Lobby Amenities and the Parking Facility) to any
owners' association formed in connection with the Crossroads Project.
c. Except as otherwise set forth in this Section.8, Crossroads may assign the Development
Obligations, or relevant portions thereof, to any successor owner in the Crossroads
Project.
d. If Crossroads assigns any of the Development Obligations pursuant to this Section 8,
Crossroads will have no further liability for any of those Development Obligations that
are so assigned.
Agmt-DIA Crossroads (FINAL) 10
1~~'IAR~::1-1: I4, 2(106
e. The Town agrees to cooperate reasonably and diligently in furnishing recordable releases
and terminations of this Agreement, or for discrete portions of the requirements
hereunder, when the relevant requirements have been satisfied or assigned.
f. Subject to the foregoing provisions, (i) this Agreement shall be binding upon and inure to
the benefit of Crossroads and its successors and assigns, and (ii) references in this
Agreement to "Crossroads" shall be construed to include its successors and assigns from
time to time.
g. Notwithstanding anything to the contrary contained herein, the Movie Theater and
Bowling Alley shall be owned and operated as part of the Uniform Commercial
Enterprise for the life of the SDD. Ownership of and responsibility for the Movie
Theater and Bowling Alley, including all obligations iri Section 2.b.vii above, may only
be transferred to a purchaser who acquires the Unified Commercial Enterprise in its
entirety.
9. Vested Rights. Except to the extent that Crossroads must satisfy the requirements of Section
5 above, Crossroads and the Town agree that the Crossroads Project Approvals and this
Agreement collectively constitute an approved "site-specific development plan" for the
Property and the Crossroads Project under the Vested Rights Laws (as defined below).
Pursuant ,thereto, the Town agrees that Crossroads, and its successors in interest in the
ownership of the Property, or any portion thereof, will be entitled and have the right to
undertake and complete development of the Property and the Crossroads Project in
accordance with the Crossroads Project Approvals, as the same may be further amended or
supplemented in connection with the development process by additional development and
construction plans, platting or otherwise. This right to so develop shall constitute a vested
property right under C.R.S. § 24-68-101, et seq. (the "Vested Rights Act"), and/or Town Code
§ 12-19-1, et seq. (collectively the "Vested Rights Laws"), and this Agreement shall
constitute a development agreement within the meaning of the Vested Rights Act. The
following language is hereby deemed incorporated into each of the Crossroads Project
Approvals (and amendments and supplements thereto) as well as this Agreement: "Approval
of this plan may create a vested property right pursuant to Colorado Revised Statutes title 24,
article 68, as amended."
10. Reimbursement of Costs. Crossroads shall reimburse the Town for its reasonable attorneys'
fees and consultant expenses (past, current and future) in connection with the review and
consideration of the Crossroads Project and the proposed Special Taxing Districts. Payment
shall be due within 30 days of Crossroads' of receipt of itemized invoices detailing such
expenses.
11. 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 (a) when hand delivered to the intended
recipient, by whatever means; (b) 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; (c) 1 business day after the same is deposited with an .overnight
Agmt-DIA Crossroads (FINAL) 11
l~~"1_.~1~.~'II 1.4, Z61€Ifi
courier service of national or international reputation having a delivery area encompassing
the address of the intended recipient, with the delivery charges prepaid; or (d) 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 (a), (b) or (c) above
shall be delivered or mailed,. as the case maybe, to the appropriate address set forth below:
If to Crossroads: with copies to:
Crossroads East One, LLC
Attn:Peter Knobel
143 E. Meadow Drive
Vail, CO 81657
Fax No.: (970) 479-7511
Phone: (970) 479-7566
Crossroads East One,-LLC
Attn: Jonathan Boord, Esq.
143 E. Meadow Drive
Vail, CO 81657
Fax No.: (970) 479-7511
Phone: (970) 479-7566
and
Garfield & Hecht, P.C.
' Attn: Reed Weily, Esq.
Avon Town.Square, Unit 104
0070 Benchmark Road
P.O. Box 5450
Avon, Colorado 81620
Fax No.: (970) 949-1810
Phone: (970) 949-1496
If to the Town of Vail: with a copy to:
Town of Vail
Attention: Town Manager
75 S. Frontage Road
Vail, Colorado 81657
Fax No.: (970) 479-2157
Town of Vail
Attention: Town Attorney
75 S. Frontage Road
Vail, Colorado 81657
Fax No.: (970) 479-2157
Each party may change its addresses and/or fax numbers for notices pursuant to a written
notice 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.
12. 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
Agmt-DIA Crossroads (FINAL) 12
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 bylaw.
13. General Disclaimer. Notwithstanding anything to the contrary contained herein, this
Agreement shall not be construed to require either party to take any action contrary to any
laws, rules, regulations, or restrictions affecting the property (collectively, the "Property
Restrictions"). If any of the obligations agreed to hereunder are found to violate the Property
Restrictions, the parties agree to take such actions as are necessary to remedy the violation(s)
so that the Crossroads Project can proceed in accordance with the Final Plans, the Crossroads
Approvals, and the provisions of this Agreement.
14. 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.
15. 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.
16. Rules of Construction. The headings appearing 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 any reference to any one gender shall be deemed
to include and be applicable to all geriders. 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.
17. 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.
18. 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.
19. 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
Agmt-DIA Crossroads (FINAL) 13
i~l.~l~~'il i4, 24141
venue for any dispute arising under this Agreement. .
20. 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.
21. 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. :
22. 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.
23. Recording. This Agreement shall be recorded in the real property records for Eagle County,
Colorado.
24. 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.
25. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this
Agreement acid 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).
26. Force Majeure. In the event of delays from causes beyond the reasonable control of
Crossroads (such as, acts of God, strikes, work stoppages, unavailability of or delay in
receiving labor or materials, defaults by contractors or subcontractors, unusual weather
conditions, or fire or other casualty) (each, a "Force Majeure Delay"), then the time for
Crossroads' performance or satisfaction of any conditions under .this Agreement will be
extended for a period or periods of time equal to the length of each Force Majeure Delay, or
any longer period or periods as may be reasonably necessary or appropriate to accommodate
the effect of the Force Majeure Delay.
27. Acceptance of Easement Dedications. In connection with the Crossroads Project, the Town
has received or will receive various easement grants, made expressly as dedications and to be
recorded in the real property records for Eagle County, Colorado (the "Records"), from
Crossroads (the "Public Easements"). The Town hereby agrees that effective upon execution
and delivery by The Town Manager, or upon the final written confirmation of The Town
Manager, the Town accepts the public dedication under the grant of each Public Easement,
for the public's use.
[Balance of page intentionally left blank]
Agmt-DIA Crossroads (FINAL) 14
~~-I.:~.1~~.I~ 1.4s 2~1)Ob
1N 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: Town Manager
ATTEST:
Lorelei Donaldson, Town Clerk
STATE OF COLORADO )
- ) ss:
COUNTY OF )
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]
Agmt-DIA Crossroads (FINAL) 15
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
of Crossroads East One, LLC, a Colorado limited
liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
Agmt-DIA Crossroads (FINAL) 16
I~~:~~'I~ ~4, 2€)~il~
EXHIBIT A:
LEGAL DESCRIPTION
Agmt-DIA Crossroads (FINAL) A-1
MEMORANDUM ,
TO: Planning arid Environmental Commission
FROM: Community Development Department
DATE: January 23, 2006
SUBJECT: A request for a recommendation to the Vail Town Council on a proposal to establish
Special Development. District No. 39, pursuant to Article 12-9(A), Special
Development District, Vail Town Code, to allow for the redevelopment of Crossroads,
a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D,
Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093)
Applicant:- Crossroads East One, LLC and Crossroads West One, LLC,
represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
SUMMARY
The applicant, Crossroads East One, LLC, and Crossroads West One, LLC, represented by
Mauriello Planning Group, LLC, is requesting a recommendation from the Planning and
Environmertal Commission to the Vail Town Council regarding a development application to
establish Special.Development District No. 39, Crossroads, pursuant to Article 12-9(A),
Special Development District, Vail Town Code; to allow for the redevelopment, of
Cro"sSroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block
5D :Vail Village Filing 1.
Upon review of the applicable elements of the Town's planning documents and adopted
criteria for review, the Community Development Department is recommending the Planning
and Environmental Commission forwards a recommendation of approval, with conditions
of the applicant's request to establish Special development District (SDD) No. 39,
Crossroads, to the Vail Town Council. A complete summary of our review is provided in
Section VIII of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, Crossroads East One, LLC and Crossroads West One, LLC, represented by
Mauriello Planning Group, LLC, is requesting a recommendation from the Town of Vail
Planning and Environmental Commission to the Vail Town Council of a development
application to establish Special Development District No. 39, Crossroads, to allow for the
redevelopment of the Crossroads site.
The establishment of Special Development District No. 39, Crossroads, is intended to
facilitate the redevelopment of the existing Crossroads, located at 141 and 143 Meadow
Drive/Lot P, Block 5D, Vail Village Filing 1. A vicinity map has been attached for reference
(Attachment A). The applicant is proposing to remove the existing improvements on the site
and construct a new structure and public. plaza. According to the Official Town of Vail
Zoning Map, the proposed development site is located in the Commercial Service Center
(CSC) zone district. As such, development on the site shall be governed by the regulations
Vail Town Council Attachment: D
outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning
Regulations, Vail Town Code.
The key elements of the proposal and changes made since the Commission last saw the
proposal on April 25, 2005, include:
• A reduction in the number of dwelling units from 75 to 69 and the incorporation of
five (5) lock-offs. A proposed deviation from the allowable number of dwelling units
(47) which is 22 dwelling units greater;
• Proposed $1.1 Million in public art;
• A reduction in the proposed Gross Residential Floor Area (GRFA) from 210,054
. square feet to 199,830 square feet. A proposed deviation from the allowable amount
of GRFA (46,051 sq. ft.) which is 153,779 sq. ff. greater;
• A reduction in the proposed building height on portions of the east and west wings of
the building. At its peak in the center of the structure the height remains 99.9 feet;
• Provision for employee six (6) employee beds located off-site to accommodate the
net increase in employees generated by this redevelopment;
• The project has retained the elimination of setback encroachments above grade
along the west property line except for the one-story portion of the building
containing the enclosed loading and delivery facility. In addition, the structure in the
southwest corner of the site has been pulled back from East Meadow Drive a
distance ranging between 12 to 14 feet
• The project has retained the elimination of all subterranean encroachments into the
Village Center Road and East Meadow Drive right-of-ways and the removal of
subterranean improvements within a minimum of 10 feet of the west property line to
preserve existing trees on the adjacent site to the west;
• The establishment of'the extension of the Town of Vail Streetscape.Masterflan by
creating a plan and installing streetscape improvements for the intersections of
Meadow Drive and Village Center Road and Meadow Drive and Willow Bridge Road
and the South Frontage Road;
• 338 subsurface parking spaces (103 in excess of Town Code);
• A 3-screen movie theater with stadium seating accessed at the pedestrian level of
the proposed public plaza;
• A 10-lane bowling alley .and sports bar/night club/family arcade accessed at the
pedestrian level of the proposed public plaza ;
• An outdoor ice skating rink measuring approximately 7,000 square feet for public
skating in winter/water-recreation feature (pop jet fountain) in the spring and summer
months;
• A public plaza of 24,130 square feet at the intersection of Willow Bridge Road and
Meadow Drive (Approximately 40,000 sq. ft. including East Meadow Drive and
Willow Bridge Road public right-of-ways) for public gatherings and events;
• Public restrooms at the pedestrian level and within the lower level of the parking
garage;
• 58,804 square feet of new retail and restaurant space at the pedestrian level and
one floor above surrounding the public plaza;
• Establishment of an enclosed 5 berth loading, and delivery facility with access from
the South Frontage Road which will be made available for public use;
• The retention of a roof feature which wraps around the loading and delivery bay on
the northwest corner. The retention of an awning on the west elevation over the
pedestrian access proposed to connect the public plaza and Vail Village Inn Phase
III.
A reduced copy of the- floor plans and elevations have been attached for reference
(Attachment B). A copy of the text detailing the application entitled Crossroads
Redevelopment: Applications for Special Development District, Text Amendments and
Conditional Use Permit dated December 12, 2005, is attached for reference (Attachment C).
A copy of the Environmental Impact Report for Crossroads Redevelopment: Special
Development District and Conditional Use Permit Applications dated December 2005, is
attached for reference (Attachment D).
Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant. is
requesting deviations from the prescribed development standards for building height, density
(number of units), Gross Residential Floor Area (GRFA), additional bulk and mass in
required setbacks, and site coverage.
III. BACKGROUND
• This property was annexed into the Town of Vail by Court order on August 26, 1966,
as a part of the Original Town of Vail.
• The existing Crossroads was developed in the 1970's as a mixed use development
which has changed little since.
• The Crossroads property is one of three properties zoned Commercial Service
Center. The_other two properties are the Gateway Building and the WestStar Bank
Building, both of which are Special Development Districts.
• 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 9, 2006, the Commission held a work session to discuss the need for
any additional material other than that submitted to aid in the review of the proposed
Crossroads redevelopment. The Planning Department Staff recommended that a
physical model which included adjacent properties to the Crossroads. site be
submitted to aid in the review and understanding of-the project. The Commission
found no physical model of adjacent properties. and that no other additional
information was required in order to review the proposal. One member did suggest a
desire to have some demonstration of height of the proposed structure on site or in
the vicinity.
IV. ROLES OF REVIEWING BOARDS
Special Development District
Order of Review: Generally, applications will be reviewed first by the PEC for impacts of
use/development, then by the DRB for compliance of proposed buildings and site planning,
and final approval by the Town Council.
3.
Planning and Environmental Commission:
The PEC shall review the proposal for and make a recommendation to the Town Council
based upon the findings made on the criteria located in Chapter 12-9A, Special
Development District, Vail Town Code.
Design Review Board:
The DRB has no review authority on a SDD proposal, but must review any accompanying
DRB application.. The DRB review of an SDD prior to Town Council approval is purely
advisory in nature.
Staff:
The staff is responsible for ensuring that all submittal requirements are provided and plans
conform to the technical requirements of the Zoning Regulations. The staff also advises the
applicant as.to compliance with the design guidelines.
Staff provides a staff memo containing background on the property and provides a staff
evaluation of the project with respect to the required criteria arid findings, and a
recommendation on approval, approval with conditions, or denial. Staff also facilitates the
review process.
Town Council:
The Town Council takes into consideration the PEC's recommendation when reviewing an
application for a special development district and is responsible for final approval/denial of
an SDD. The Town Council shall review the proposal and approve/approve with
conditions/deny the application based upon the findings made on the criteria located in
Chapter 12-9A, Special Development District, Vail Town Code.
V. APPLICABLE PLANNING DOCUMENTS
Vail Land Use Plan
The Vail Land Use Plan was adopted. by the Vail Town Council on November 18,
1986. The plan is intended to serve as a basis from which future decisions maybe
made regarding land use within the valley. The primary focus of the Vail Land Use
Plan is to address the long-term needs and desires of the Town as it.matures. The
Town of Vail has evolved from a small ski resort founded in 1962 with approximately
190,000 annual skier visits and virtually no permanent residents to a communitywith
4,500 permanent residents. The Town is faced with the challenge of creatively
accommodating the increase in permanent residency as well as the increase in skier
visits, while preserving the important qualities that have made Vail successful. This is
a considerable challenge, given the fact that.land within the Valley is swell-defined
finite resource, with much of the land already developed at this juncture. The Vail
Land Use Plan was undertaken.with the goal of addressing this challenge in mind.
A secondary purpose of the Vail Land Use Plan was to analyze a series of properties
owned by the Town of Vail, to determine their suitability for various types of .
community facilities.
4
The goals articulated in the plan reflect the desires of the citizenry. The goal
statements that were developed reflect a general consensus of the comments
shared at public meetings. The goals contained in the Vail Land.Use Plan are to be
used as the Town's adopted policy guidelines in the review process for new
development proposals. Staff has reviewed the Vail Land Use Plan and the goal
statements that staff believes are applicable appear Section VI I I under staff's review
of Criterion D.
.According to the Official Town of Vail Land Use Plan map, the applicant's .proposed
redevelopment site is located with the "Vail Village Master Plan"land use category.
Pursuant to the Plan, the "Vail Village Master Plan" land use category description,
"Vail Village has been designated separafe/y as a mixed use area and
accounts for 77 acres or about 2 % of the Plan area. This area has not been
analyzed in this Plan document because the Vail Village Master Plan study
addressed this area specifically in more detail."
Town of Vail Streetscape Master Plan
The Town of Vail is in the process of preparing a revision. to the adopted Town of
Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail
Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give
guidance to the overall physical development for the Village. In additioh to providing
broad design guidelines, the Guide Plan suggested specific physical improvements
for the Village. Improvements such as new plazas, new landscape area; etc: Along
with the construction of these public improvements included proposals to complete
numerous private sector improvements. Improvements such as building additions
outdoor deck expansions, and facade improvements. The Streetscape Master Plan
was written in part to provide clear design direction for coordinated public/private
improvements: According to the Master Plan, the purpose of the plan is to provide a
comprehensive and coordinated conceptual design for streetscape improvements
that:
1. is supported by the community;
2. enriches the aesthetic appearance of the Town; and
3. emphasizes the importance of craftsmanship and creative design in order
to create an excellent pedestrian experience.
Vail Village Master Plan
The Vail Village Master Plan is based on the premise that the Village can be planned and
designed as a whole. It is intended to guide the Town in developing land use laws and
policies for coordinating development by the public and private sectors in Vail Village and in
implementing community goals for public improvements. It is intended to .result in
ordinances and policies that will preserve and improve the unified and attractive appearance
of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review
boards, and Town Council in analyzing future proposals for development in Vail Village and
in legislating effective ordinances to deal with such development. Furthermore, the Master
Plan provides a clearly stated set of goals and objectives outlining how the Village will grow
in the future.
The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design
Guide Plan, and along with the Guide Plan, it underscores the importance of the relationship
between the built environment and public spaces.
Goals for Vail Village are summarized in six major goal statements. While.there is a certain
amount of overlap between these six goals,. each focuses on a particular aspect of the
Village and the community as a whole. The goal statements are designed to establish a
framework, or direction, for the future growth of the Village. A series of objectives outline
specific steps that can betaken toward achieving each stated goal. Policy statements have
been developed to guide the Town's decision-making in achieving each of the stated
objectives, whether it be.through the review of private sector development proposals or in
implementing capital improvement projects.
The Vail Village Master Plan's objectives and policy statements address key issues relative
to growth and development. These statements establish much of the context within which
future development proposals are evaluated. In implementing the Plan, the objectives and
policies are used in conjunction with a number of graphic planning elements that together
comprise this Plan. While the objectives and policies establish a general framework, the
graphic plans provide more specific direction regarding public improvements ordevelopment
potential on a particular piece of property.
The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and
Town Council in analyzing future proposals for development in Vail Village and in legislating
effective ordinances to deal with such development. The most significant elements of the
Master Plan are the goals, objectives, policies and action steps. They are the working tools
of the Master Plan. They establish the broad framework and vision, but also layout the
specific policies and action steps that will be used to implement the Plan.
As noted on page 35 of the Master Plan,
"It is important to note that the likelihood of project approval will be greatest for those
proposals that can fully comply with the Vail Village Master Plan."
Staff believes this statement re-emphasizes that the Master Plan is a general document
providing advisory guidelines to aid the Town in analyzing development proposals and that
full compliance is not required in order for a project to be approved.
The stated goals of the Vail Village Master Plan which staff believes are applicable to this
application appear in Section VIII under staffs assessment of Criterion D.
Specific Sub- Area Details found in the Vail Village Master Plan
Mixed Use Sub Area (#1)
The Mixed-Use sub-area is a prominent activity center for Vail Village. It is
distinguished from the Village core by the larger scale buildings and by the limited
auto traffic along East Meadow Drive. Comprised of five major development
projects, this sub-area is characterized by a mixture of residential/lodging and
commercial activity.
There is a great deal of potential for improvements to both public and private facilities
in the area. Among these is the opportunity to develop gateway entries to the Village
at the 4-way sfop and at the intersection of Vail Road and Meadow Drive. It is also a
long term goal to strengthen the connection between this area' and the Village core
area by reinforcing fhe established pedestrian linkages. Pedestrianization in this area
may benefit from the development of retail infill with associated pedestrian
.improvements along East Meadow Drive and the development of public. access fo
Gore Creek.
A significant increase in the Village's overnight bed base will occur in this sub-area
with the development of the final phase of the Vail Village Inn project. In addition,
commercial and residential/lodging development potential is identified in sub-area
concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the
sub-area "built out':
#1-6 Crossroads Infill
Commercial infill over new underground parking lot in conjunction with a
large public plaza with greenspace area (existing and new parking demand
to be provided on site). While configuration ofinfill maybe done a numberof
ways, it is the overall intent to replace existing surface parking with
pedestrian corridors into a commercial area, as well as to provide a strong
building edge on Meadow Drive . and streetscape improvements.
Improvements of the planted buffer adjacent to the Frontage Road is also
important. Relocation of the loading and delivery functions and entry to
parking structure is strongly encouraged to reduce traffic on Meadow brive.
Potential to improve fire access also exists in the redevelopment scheme.
Special emphasis of 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2.
Goal #2: To foster a strong tourist industry and promote year-around
economic health and viability for the Village and for the community as a
whole.
Objective 2.4: Encourage the development of a variety of new
commercial activity where compatible with existing land uses:
Policy 2.4.1: Commercial infill development consistent with
established horizontal zoning regulations shall be encouraged
to provide activity generators, accessible greenspaces, public
plazas, and streetscape improvements to the pedestrian
network throughout the Village.
Policy 2.4.2: Activity that. provides night life and evening
entertainment for both the guest and the community shall be
encouraged.
Objective 2.5: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to better
serve the needs of our guests.
Policy 2.5.1: Recreation amenities, common areas, meeting
facilities and other amenities shall be preserved and
enhanced as a part of any redevelopment of lodging
properties:
7
Policy 2.5.2: The Town will use the maximum flexibility
possible in the interpretation of building and fire codes in
order to facilitate building renovations without compromising
life, health, and safety considerations.
Objective 2.6: Encourage the development of affordable housing
units through the efforts of the private sector.
Policy 2.6.1: Employee housing units may be required as
part of any new or redeveloped project requesting density
over that allowed by existing zoning. .
Policy 2.6.2: Employee housing shall be developed with
appropriate restrictions so as to insure their availability and
affordability to the local work force.
Policy 2.6.3: -The Town of Vail may facilitate in the
development of affordable housing by providing limited
assistance.
Goal #3: To recognize as a top priority the enhancement of the walking
.experience throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Policy 3.1.1: Private development projects shall incorporate
sfreetscape improvements (such as paver treatments,
landscaping, lighting and seating areas), along adjacent
pedestrian ways.
Policy 3.1.2: Public art shall be encouraged at appropriate
locations throughout Town.
Policy 3.1.3: Flowers, trees, water features, and other
landscaping shall be encouraged throughout the Town in
locations adjacent to, or visible from, public areas.
Goal #4: To preserve existing open space areas and expand greenspace
opportunities.
Objective 4.1: Improve existing open space areas and create new
plazas with greenspaces and pocket parks. Recognize the different
roles of each type pf open space in forming the overall fabric of the
Village.
Policy 4.1.1: Active recreation facilities shall be preserved (or
relocated to accessible locations elsewhere in the Village) in
any development or redevelopment of property in Vail Village.
Policy 4.1.2: The development of new public plazas, and
improvement to existing plazas (public art, streetscape
features, seating areas, etc.), shall be strongly encouraged to
reinforce their roles as attractive people places.
Policy 4.1.3: With the exception of ski base-related facilities,
existing natural open space areas at the base of Vail
Mountain and throughout Vail Village shall be preserved as
open space.
Policy 4.1.4: Open space improvements including. the
addition of accessible greenspace as described orgraphically
shown in the Vail Village Master Plan and/or Urban Design
Guide Plan, will be required in conjunction with private infill or
redevelopment projects.
Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation system throughout the Village.
Objective 5.1: Meet parking demands with public and private parking
facilities.
Policy 5.1.1: For new development that is located outside the
Commercial Core I Zone District, on-site parking shall be
provided (rather than paying into the parking fund) to meet
any additional parking demand as required by fhe zoning
code.
Policy 5.1.2: The expansion of the Vail Village parking
structure shall maximize the number of.additional parking
spaces available for public parking.
Policy 5.1.3: Seek locations for additional structured public
and private parking.
Policy 5.1.4: Continue to promote the lease parking program
as a means for maximizing the utilization of private parking
spaces.
Policy 5.1.5: Redevelopment projects shall be strongly
encouraged to provide underground or visually concealed
.parking.
Goal #6: To ensure the continued improvement of the vital operational
elements of the Village.
Objective 6.1: Provide service and delivery facilities for existing and
new development.
Objective 6.2: Provide for the safe and efficient functions of fire,
police and public utilities within the context of an aesthetically
pleasing. resort setting.
9
Policy 6.2.1: Development projects and other improvements
in -Vail Village shall be reviewed by respective Town
Departments to identify both the impacts of the proposal and
potential mitigating measures.
Policy 6.2.2: Minor improvements (landscaping, decorative
paving, open dining decks, etc.), maybe permitted on Town
of Vail land orright-of--way (with review and approval by the
Town Council and Planning and Environmental Commission
when applicable) provided that Town operations such as
snow removal, street maintenance and fire .department
access and operation are able to be maintained at current
levels. Special design (i.e. heated pavement), maintenance
fees, or other considerations may be required to offset
impacts on Town services.
#1-7 Village Center Road Improvements
Redesign of intersection as shown on the Vail Village Urban Design Guide
Plan. Goal of this project is to create a visual landscape barrier to prevent
unnecessary vehicular traffic. Bus, delivery and pedestrian traffic must also
be accommodated in this design. Special emphasis on 3.1, 3.2, 5.3, 5.4.
Goal #3: To recognize as a top priority the enhancement of the walking
experience throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Policy 3.1.1: Private development projects shall incorporate
streetscape improvements (such as paver treatments, .
landscaping, lighting and seating areas), along adjacent
pedestrian ways.
Policy 3.1.2: Public art shall be encouraged at appropriate
locations throughout Town.
Policy 3.1.3: Flowers, trees, water features, and other
landscaping shall be encouraged throughout the Town in
locations adjacent to, or visible from, public areas.
Objective 3.2: Minimize the amount of vehicular traffic in the Village
to the greatest extent possible.
Policy 3.2.1: Vehicular traffic will be eliminated or reduced to
the absolute minimal necessary levels in the pedestrianized
areas of the Village:
Goal #5: Increase and improve the capacity, e~ciency, and aesthetics of the
transportation and circulation system throughout the Village.
10
Objective 5.3: Concentrate the majority of interconnecting transit
activity at the periphery of the Village to minimize vehicular traffic in
pedestrianized areas.
Policy 5:3.1: The Vail Transportation Center shall be the
primary pick up and drop off point for public transit and
private shuttle vans and taxis.
Objective 5.4: Improve the streetscape of circulation corridors
throughout the Village.
Policy 5.4.1: The Town shall work with the Colorado Division
of Highways toward the implementation of a landscaped
boulevard and parkway along the South Frontage Road.
Policy 5.4.2: Medians and right=of--ways shall be landscaped.
Vail Village Design Considerations
The Town of Vail adopted the Vail Village Design Considerations in 1980. The Design
Considerations were revised in 1993. The Design Considerations are considered an integral
part of the Vail Village Urban Design Plan. The Design Considerations are intended to:
guide growth- and change in ways that will enhance and preserve the essential
qualities of the Village; and
• serve as design guidelines instead of rigid rules of development; and
• help influence the form and design of buildings.
The Vail Village Design Considerations are divided into two categories (urban design
considerations and architectural/landscape considerations):
URBAN DESIGN CONSIDERATIONS
These considerations relate to general, large-scale land use planning issues,
as well as form considerations which affect more than one property or even
whole areas. These considerations are primarily the purview of the Planning
and Environmental Commission. The considerations include focuses on
pedestrianization, vehicle penetration, streetscape framework, street
enclosure, street edge, building height, views and focal points, service and.
delivery, and sun/shade. The specifics of these considerations are
addressed by staff in Section VILI under Criterion D.
Town of Vail Zoning Regulations
Staff has reviewed the Town of Vail Zoning Regulations (Title 12, Vail Town Code). We
believe the following code sections are relevant to the review of the applicant's request:
11
Article E. Commercial Service Center (CSC) District (in part)
12-7E-1: Purpose:
The Commercial Service Center District is intended to provide sites for general shopping
and commercial facilities serving the Town, together with limited multiple-family dwelling and
lodge uses as may be appropriate without interfering with the basic commercial functions of
the District. The Commercial Service Center District is intended to ensure adequate light, air,
open space, and other amenities appropriate to permitted types of buildings and uses, and
to maintain a convenient shopping center environment for permitted commercial uses:
12-7E-3: Permitted Uses:
The following uses shall be permitted in the CSC District:
Banks and financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
Cocktail lounges, faverns, and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Personal services and repair shops, including the following:
Barbershops.
Beauty shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Coin operated orself-service laundries.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the
premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores and pharmacies.
Florists.
Food stores.
Furniture stores.
Gift stores.
Hardware stores.
Hobby stores.
12
Household appliance 'stores:
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
Radio and television stores and repair shops. .-
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to permitted uses
in accordance with the provisions of section 12-7E-2 of this `article.
12-7E-4: Conditional Uses:
The following conditional uses shall be permitted in the CSC district, subject to issuance of a
conditional use permit in accordance with-the provisions of chapter 16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted entirely
' within a building.
Bed and breakfast as further regulated by section 12-14-18 of this Title.
. Brew pubs.
Child daycare center.
Commercial laundry and cleaning services.
Dog kennel.
Major arcade.
Multiple-family dwellings and lodges.
Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this
article.
Private clubs.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
Type 111 employee housing units (EHU) as provided in chapter 13 of this title.
12-7E-5: Accessory Uses:
The following accessory uses shall be permitted in fhe CSC district:
Home occupations, subject to issuance of a home occupation permit in accordance
with the provisions of section 12-14-12 of this title.
13
Minor arcade.
Swimming pools, tennis courts, patios, or other recreation facilities customarily
incidental to conditional residential or lodge uses.
Other uses customarily incidental and accessory to permitted or conditional uses,
and necessary for the operation thereof.
12-7E-7: Setbacks:
In the CSC district; the minimum front setback shall be twenty feet (20), the minimum side
setback shall be twenty feet (20), and the minimum rear setback shall be twenty feet (20).
12-7E-8: Height:
For a flat or mansard roof, the height of buildings shall not exceed thirty five feet (35). For a
sloping roof, the height of buildings shall not exceed thirty eight feet (38).
12-7E-9: Density Control:
Not more than forty (40) square feet of gross residential floor area (GRFA) shall be permitted
for each one hundred (100) square -feet of buildable site area, and gross residential floor
area shall not exceed fifty percent (50%) of total building floor area on any site. Total density
shall not exceed eighteen (18) dwelling units per acre of buildable site area.
A dwelling unit in a mulfiple-family building rrmayinclude one attached accommodation unit no
larger than one-third (1/3) of the total floor area of the dwelling.
12-7E-10: Site Coverage:
Site coverage shall not exceed seventy five percent (75%) of the total site area.
12-7E-11: Landscaping and Site Development:
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 feet (15) with a minimum area
not less than three hundred (300) square feet.
12-7E-12: Parking and Loading:
Off-street parking and loading shall be provided in accordance with chapter 10 of this title. At
least one-half (1/2) of the required parking shall be located within the main building or
buildings. No parking or loading area shall be located in any required front setback area.
12-7E-13: Location of Business Acfrivity:
A. Limitations; Exception: All permitted and conditional uses by sections 12-7E-3 and 12-
7E-4 of this article, shall be operated and conducted entirely within a building except for
permitted parking and loading areas and such activities as may be specifically authorized to
be unenclosed by a conditional use permit and the outdoor display of goods.
14
B. Outdoor Display: The area to be used for outdoor display must be located directly in front
of the establishment displaying the goods and entirely upon the establishment's own
property. Sidewalks, building entrances and exits, driveways and streets shall not be
obstructed by outdoor display.
Article 12-9A: Special Development (SDD) District (in part)
Section 72-9A-7: Purpose: .
The purpose of the special development district is to encourage flexibility and creativity in
the development of land in order to promote its most appropriate use • to improve the design
character and auality of the new development with fhe town; to facilitate the adequate and
economical provision of streets and utilities; to preserve the natural and scenic features of
open space areas: and to further fhe overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan fora special developmenfdistrict, in
conjunction with the property's underlying zone district, shall establish the requirements for
guiding development and uses of property included in the special development district. The
special development district does not apply to and is not available in the following zone
districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the
development plan shall be as outlined in section 72-9A-6 of this article.
VI. ZONING ANALYSIS
According to the application information provided by the applicant, staff has performed an.
analysis of the proposal in relation to the requirements of the Vail Code. The deviations to
the prescribed development standards are shown in bold text in the table below.
April 25, 2005, PEC Recommendation of Approval
The following is the zoning analysis of the proposal the PEC recommended approval of with
conditions on April 25, 2005. The deviations to the prescribed development standards are
shown in bold text in the table below.
Development Standard 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'
West Side: 20'
East Side: 20'
Front (Meadow Drive): 20'
Building Height:
Density:
38'
18 units/acre
47.5. D.U.s
GRFA:
0' to 19'
2' (loading dock) to 25'
0' to 25'
0' to 150'
99.9 ft.
28.4 units /acre
75 D.IJ.s
46;051.6 sq. ft. 211,117 sq. ft.
(40%) (183.4%)
15
Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft.
(75%) (93.6%) .
Landscape Area: Total 23,025.8 sq. ft. 42,255 sq. ft.
(20% total site) (36.7%.total site)
Minimum Softscape of total permitted
18,420.6 sq. ft. 14,898 sq. ft.
(80%) (35.3%)
Maxim um Hardscape of total permitted
4,605.1 sq. ft. 27,357 sq. ft.
(20%) (64.7%)
Parking:. 246 spaces 338 spaces
(92 surplus spaces proposed to . be in
private parking club)
December 12. 2005 Pro posal
Development Standard Allowed Proposed
Lot Area: 20,000 sq. ft: 115,129 sq. ft. (2.643 acres)
Buildable Area: 115,129 sq. ft.
Setbacks:
Front (Frontage Road): 20' 3' to 19'
West Side:. 20' 3' (loading dock) to 25'
East Side: 20' 0' to 25'
Front (Meadow Drive): 20' 0' to 150'
Building Height: 38' 99.9 ft.
Density: 18 units/acre 26.1 units/acre
47.5 D.U.s 69 D.U.s
GRFA: 46,051.6 sq. ft. 199,830 sq. ft.
(40%) (173.6%)
Site Coverage: 86,346.8 sq. ft. .107,772 sq. ft.
(75%) (93:6%)
Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft.
(20% total site) (41.0% total site)
Minimum Softscape of total permitted
18,420.6 sq. ft. 18,581 sq. ft.
(80%) (39.4%)
Maximum Hardscape of total permitted
4,605.1 sq. ft. 28,611 sq. ft.
(20%) (60.6%)
Parking: 235 spaces 338 spaces
16
(103 surplus spaces)
BOLD indicates deviations from the prescribed development standards.
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.
VII. SURROUNDING LAND USES AND ZONING
Land Use. Zoning
North: CDOT ROW None
South: Mixed Use Commercial Core II DistrictLPublic
Accommodation
East:. Public Parking General Use District
West: Mixed Use SDD No. 6
VIII. THE SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS
Chapter 12-9 of the Town Code provides for the establishment of special development
districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special
development district is,
"To encourage flexibility and creativity in the development of land,' in order to
promote its most appropriate use; to improve the design character and qualify of the
new development within the Town; to facilitate the adequate and economical
provision of streets and utilities; to preserve fhe natural and scenic features of open
space areas; and to further the overall goals of the community as stated in the Vail
Comprehensive Plan. An approved development plan fora Special Development
District, in conjunction with fhe property's underlying zone district, shall establish the
requirements for guidirig development and uses of property included in the Special
Development District."
An approved development plan is the principal document in guiding the development, uses,
and activities of the Special Development District (SDD). The development plan shall
contain all relevant material and information necessary to establish the parameters to which
the special development district shall adhere. The development plan may consist of, but not
be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity
plan; parking plan; preliminary open space/landscape plan; densities; and permitted,
conditional, and accessory uses.
The determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review of
the proposed development plan. Unless- further restricted through the review of the
proposed SDD, permitted, conditional and accessory uses shall be limited to those
permitted, conditional and accessory uses in the property's underlying zone district.
The Town Code provides nine design criteria which shall be used as the principal criteria in
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evaluating the merits of the proposed SDD. It shall be the burden of the applicant to
demonstrate that submittal material and the proposed development plan comply with each of
the following standards, or demonstrate that one or more of them is not applicable, or that a
practical solution consistent with the public interest has been achieved. The following is a
staff analysis of the project's compliance with the nine SDD review criteria:
On January 4, 2006, Staff went before the Town Council to discuss two options regarding
the review of the new Crossroads development submittal. Staff was recommending that the
Commercial Service Center zone district and Vail Village Master Plan (WMP) be examined
for possible amendment. At that meeting the Town Council, by a vote of 5-2-0 (Logan and
Slifer opposed), chose to proceed forward in the review of the Crossroads development by
utilizing the Special Development District process and affirming four assumptions Staff made
in order to achieve a recommendation of approval to the PEC on April 25, 2005.
The first assumption examined Section 12-7E-1, Purpose, Vail Town Code, which identifies
that the residential component should be "limited" so as to not interfere "with the basic
commercial function of the District". A second assumption staff made was regarding Section
12-7E-9, Density Control, Vail Town Code, which identifies that the amount of Gross
Residential Floor Area included within a project in the CSC zone district "shall not exceed
fifty percent (50%) of total building floor area on any site': W hile the SDD process allows
for deviations from the requirements mentioned above, staff examined the project to see
how closely the proposed project came to meeting the purpose section of the CSC zone
district when proposing that more than 50% of the total building floor would be GRFA, and
the impacts on the primary purpose of providing commercial establishments. Staff made the
assumption that the amount of commercial being proposed in the project was likely at the
carrying point of the property and that the proposed residential and its associated GRFA was
not limiting or negatively impacting the commercial objectives of the CSC zone district.
A third assumption Staff made, with the verification of the PEC by a vote of 6-1-0, was
regarding the policy on floor plate height as discussed in the WMP. As discussed in Section
III of this memorandum the WMP Building Height Plan identifies a floor plate as being 9 feet
in height. As several projects have come through the process applicants have demonstrated
that current market demands and mechanical system needs warrant a taller floor plate
dimension. The current floor plate height policy established by the PEC is 11 feet. With the
proposed Crossroads project the floor plate height is 11 feet 6 inches. As mention earlier on
April 25, 2005, the PEC by a vote of 6-1-0, verified that a floor plate height of 11 feet 6
inches was appropriate. One member of the Commission did not agree that a floor plate
height of 11 feet 6 inches was appropriate for this project nor the village as a whole. The
assumption that a floor plate of 11 feet 6 inches brought the proposed heights of the
structure closer to the maximum heights identified in the WMP.
The final assumption Staff made was that a public plaza, as proposed in conjunction with the
Crossroads development, was a public benefit which offset the proposed deviations of
encroachments into the setbacks, excess height, site coverage, and GRFA .
A. Consideration of Factors Regarding Special Development Districts:
A. Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building
height, buffer zones, identity, character, visual integrity and orientation.
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.The Crossroads development site is located along the north side of East Meadow Drive
across from Village Center. An attached vicinity map has been provided for reference
(Attachment A). The development site is adjoined on the north by the South Frontage Road,
on the east by Village Center Road and the Vail Village Parking Structure, on the south by
East Meadow Drive and Village Center, and to the west by Vail Village Inn Phase III. All of
these surrounding properties have differentzoning designations and thus must complywith
differing development standards.
Although the neighboring properties must adhere to different zoning requirements, the
buildings constructed on the neighboring properties are alltwo-to-seven stories. According
to research of Town files, the surrounding properties have varying building haights. For
instance, the new One Willow Bridge project (Swiss Chalet) will be 50 feet tall, and the Vail
Village Inn Phase III varies in height from 68 feet along the Frontage Road to 25 feet along
East Meadow Drive. The applicant is proposing heights of 93 feet (historic grade)/87.5 feet
(finished grade) along the Frontage Road and 63.3 feet (historic grade)/56 feet (finished
grade) on the portion of the building located in the southwest corner of the property along
East Meadow Drive. The proposed heights of the structure along the western property line
range from 84 to 63 feet (historic grade)/79 feet to 56 feet (finished grade). The tallest.point
on the structure is 99.9 feet above historic grade on the southern end of the main ridge
above the entry to the building.
Since April 25, 2005, the structure has been reduced in height in selected areas. The areas
are primarily on the eastern wing of the structure. For specifics, reference the elevation
drawing sheets in Attachment B which compares the ,April 25; 2005, elevations to the
December 12, 2005, elevations. Staff believes that the proposed height will set a new
precedence as it will be taller than any building in Town. However, staff believes that-the
deviation in height is offset by the development potential lost by proposing a 24,130 square
foot public plaza (Vail Village Master Plan recommends a public plaza in this location). and
the other public benefits.
In order to assess whether or not the deviations proposed by,the project are outweighed by
the benefits staff performed an analysis which took the area of the plaza and multiplied it by
the allowable GRFA factor (40%). The allowable amount of GRFA was then multiplied by
the Vail Village Master Plans maximum number of stories (3-4 stories). Staff selected a
factor of 3.5 stories to multiply the developable plaza area by as it was felt it was a
reasonable expectation for the height of the structure which might be located in the location
of the plaza. When the allowable GRFA is multiplied by the number of recommended
developable number of stories, this provides an approximate amount of GRFA which could
be constructed on the area being designated as public plaza. The next step was to subtract
the amount of GRFA located within the setbacks and above the recommended maximum
height in the Master plan of 78 feet on this portion of the site. Upon completion of .this
calculation it is found that the GRFA proposed in this project is 4,687 square feet below that
which could have been potential constructed in the area occupied by the .plaza. In the
previous proposal approved by the PEC on April 25, 2005, the structure was requesting 121
square feet more GRFA than that which could potentially have been constructed on the
plaza area. The loss of 10,224 square feet of GRFA between the April 25 and December
12, 2005 submittals accounts for this change. Therefore it is confirmed that the proposed
public plaza has offset the proposal's GRFA encroachments of into setbacks and-above the
78 foot height recommended in the Vail Village Master Plan. With the addition of the
proposed 5 berth loading and delivery facility which will be made available to the public, the
two proposed public restrooms (870 s.f. total) and the installation of the complete
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streetscape improvements on Village Center Drive and East Meadow Drive Staff believes
the proposed deviations have been balanced.
Area of Proposed Public Plaza: 24,130 s,f.
CSC Allowable GRFA %: .40
Amount of GRFA: 9,652 s.f.
Number of Developable Stories: x3.5
Square Footage of GRFA: 33,782 s.f.
Amount of GRFA in Setbacks: -13;693 s.f.
Remaining GRFA of Public Plaza: 20,089 s,f.
Amount of GRFA on Flaor 6: -15..402 s.f.
Amount of .GRFA remaining: 4,687 s.f.
The computer model shows those portions of the Crossroads roof which exceed the heights
granted at Four Seasons and Vail Plaza Hotel. Staff believes that the area of roof over the
established heights of Vail Plaza Hotel and Four Seasons is offset by a combination of the
public plaza, loading and delivery facility, public restrooms; and proposed streetscape
improvements.
In regard to setbacks the One Willow Bridge.project varies between 0 feet (west end) and 20
feet. Setbacks along the east property line for Vail Village Inn Phase III vary. between 15
and 55 feet. The proposed Crossroads development has setbacks along the north and east
property lines which vary from one foot to 25 feet. Above grade along the western property
line .the proposed Crossroads has cone-story enclosed loading facility which is withiri'flie .
required setback (3 feet off property line at closest location); Along East Meadow Drive~th`e
setbacks vary from 150 feet along the plaza to zero setback in the southeast and'1'2 feef in
the southwest corners. Staff previously had concerns with the setback of the building along
East Meadow Drive and the structure located iri the"southwest corner. Staff believed that it
maybe appropriate to have minimal setback along East Meadow Drive for several stories
including a roof and then the structure would step back 15 to 20 feet before continuing up.
The applicant has worked extensively on the portion of he "structure located in the southwest .
portion of the site. The ridge is now 56 feet above grade which is six (6) feet taller than the
actual height of the One Willow Bridge project from the grade of East Meadow Drive. The
height of 56 feet (actual height above finished grade) has been moved from a 4 foot setback
to a 12 foot setback from the property line for a distance of 44 feet along East Meadow
Drive. The length of the structure along East Meadow Drive has been reduced from 52 feet
to 44 feet. Staff and Jeff W inston believe that the height of 56 feet over a span of 44 feet is
an acceptable design as it creates a "neck down effect" between to more open public
spaces, the proposed Crossroads, plaza and the Vail Village Inn plaza: To address the
concerns of staff and the representatives of Vail Village Inn Phase III the proposal has been ,
revised to remove all above-grade portions of the building located within the setback along
the western property line with the exception of the enclosed loading arid delivery facility
which has access off of the South Frontage Road. The subterranean improvements along
the western property line have been pulled back from the property line to be a minimum
distance of 10 feet from the property line.
The architectural design of the Crossroads development, like its neighbors, is governed by
the design guidelines prescribed in Chapter 11, Design Review, of the Vail Town Code and
by the recommendations Vail Village Master Plan. As such, the architectural design of the
proposed development is intended to be compatible with the unique European alpine village
character prescribed for Vail Village. The exterior design of the. development is a mixture of
20
stone, metal and wood. Many of the finer details have not been resolved in the two
presentations made to the Design Review Board. Both Staff and Jeff Winston agree that the
applicant has made positive changes to the architecture and believe the overall architecture
complies with the Town's guidelines. The concerns of staff and Jeff Winston are the use of
large window systems especially in the upper portions of the structure, the appearance of
panelized-type materials in some locations on the building, and the emphasis on the vertical
verse the horizontal. Staff has addressed this project's conformance with the Urbari Design
Guidelines in Criteria D of this section. Staff believes the architecture of the structure is
beginning to incorporate further "Bavarian" elements so as to fit in more harmoniously with
the community. Staff believes that with additional work with the Design Review Board this
project can fit into the overall architectural theme of Vail Village.
The Vail Village Master Plan addresses the Crossroads development site throughout the
Plan. In regard to building height, the Plan includes a conceptual map identifying potential
heights of existing and future structures and states:
"The building heights expressed on this Illustrative Plan are intended to provide
general guidelines. Additional study should be made during specific project review
..relative to a building's height impact on the streetscape and relationship to
surrounding structures."
The Plan identifies the northern portion of the Crossroads development site along the .
Frontage Road as being 5 to 6 stories in height and the southern portion as being 3 to 4
stories in height (the Plan identifies a story as being 9 feet in height and the Plan does;not ,
include roof structure). A copy of Conceptual Building Height Plan is attached for reference
(Attachment E). Since the last hearing with the Planning and Environmental Commission
and the Town Council staff has located the minutes of the adoption of the, Lionshead
Redevelopment Master Plan in which the PEC had recognized a building story as being
considered 11 feet 6 inches plus a roof.
Most recently the Tivoli Lodge, identified as being 3 to 4 stories tall in the Plan, established
SDD #37 in order to achieve a 56 foot height limitation. Although the Tivoli Lodge is not
zoned Commercial Service Center, it is addressed within the Vail Village Master Plan. The
Tivoli Lodge contended that the 48 foot limitation did not adequately address current hotel
accommodation building trends. A 48 foot height limitation permits 9 foot floor-to-floor
sections with an additional 12 feet for sloping roofs as recommended in the various town
master plans (9' X 4 floors +12' = 48'). According to the applicants, the proposal _has
achieved the heights of 99.9 feet at its highest point, down to 66 feet along East Meadow
Drive as the floor plates they are proposing are 11 feet 6 inches.from floor to floor except on
the two retail portions of the building .where the floor to floor height is 13 feet and 14 feet.
The applicant states that consistent 11 foot 6 inch floor plates are due to the need to provide
modern day living demands including air conditioning, 9 foot ceilings and flexibility in unit
design. Furthermore, at this site there are the additional issues of I-70 traffic noise and
exposure to the sun in this location. Once the units are dry-walled, the ceiling heights in the
units will be 9 feet. In addition the applicant has proposed floor plates measuring 14 feet in
height for the commercial levels to accommodate the additional height necessary to operate
a bowling alley's lane equipment and stadium seated theaters. The height of the floor plates
in the residential levels and the added height necessary for the operation of a bowling alley
and theaters explain the proposed heights on the building exceeding the recommended
heights identified in the Vail Village Master Plan., Staff believes the height of the building in
general is appropriate in relation to the uses proposed if the Commission agrees that an 11
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foot 6 inch floor plate is appropriate for properties located within the scope of the Vail Village
Master Plan.
Staff has generally accepted an 11 foot floor-to-floor building plate on previous projects
located within the scope of the Vail Village Master Plan such as the Tivoli Lodge and the
Manor Vail Lodge (the PEC voted to adopt 11 foot 6 inch floor to floor in Lionshead as a part
of the Lionshead Redevelopment Master Plan). In addition, it has been previously
determined that a roof structure is at an appropriate size when it is 12 feet from eave to
ridge, as identified above. This particular project, according to the applicant, because of its
proximity to the Interstate and large window areas (heat gain) will need to .have climate
control equipment which the two previous projects did not. If a floor-to-floor plate of 11 feet
6 inches and a 12 foot tall roof structure is acceptable the maximum height of structure,
according to the Vail Village Master Plan should be 81 feet (11.5' X 6 stories + 12' = 81 feet)
along the northern portion of the site and 58 feet (11.5' X 4 stories ± 12' = 58) feet along the
southern portion of the site. However, given the width of the proposed building forms and
roof pitches, the proposed building will require more than 12 feet of roof height.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The uses, activities, and densities for the Crossroads development site are prescribed by the
underlying zoning. According to the Official Town of Vail Zoning Map, the underlying zoning
for the proposed special development district is Commercial Service Center zone district.
The Commercial Service Center zone district encourages the development of commercial
facilities serving the Town with limited multiple-family dwellings at a density of eighteen (18)
dwelling units per acre. However, the Vail Village Master Plan, adopted in 1990, identifies
the site as being approximately three quarters medium/high density residential and one
quarter mixed use. See attached copy of the Land Use Plan from the Vail Village Master
Plan (Attachment F). The proposal is to construct permitted uses such. retail shops,
restaurants and bars, offices, on-site accessory uses such as the ice skating rink, and
conditional uses such as a major arcade, bowling alley, movie theaters, 69 multiple-family
dwelling units, and a private parking club. The applicant has requested the appropriate
conditional use permits which are addressed in the two memorandums accompanying this
memorandum.
The applicant has suggested that the proposed bowling alley, 3-screen theater, and sports
bar /arcade activity center are public amenities as they bring life and vitality to the Town. In
previous memorandums to the Commission, staff identified that the uses will likely fill a niche
which is missing in Town. These amenities, however, are privately owned and operated.
The proposed application has two levels of at-grade orabove-grade retail surrounding the
proposed plaza. Staff has expressed concerns in previous meetings regarding the
continuous arc shaped frontage of the retail. Staff's concerns were two-fold; first, does such
a design lure visitors and locals to shop in the environment and; second, the geometric
properties of an arc will not allow for material changes to the facade's of the individual tenant
spaces. In previous meetings the Design Review Board in their meetings had also
expressed a concern about the limited ability to individualize a tenant space store front. In
response to the concern expressed by staff, the Design Review Board, the Planning and
Environmental Commission, and Town Council the applicant has brought additional staff
onto theirteam to address the commercial experience. Since the last meeting the applicant
has prepared several drawings which exhibit how the retail storefronts could be
22
individualized. The staff and Jeff Winston believe the changes made by the applicant were
a tremendous step in alleviating our concerns regarding the design. However, Staff, Jeff
Winston, and the applicant believe that working with the Design Review Board will produce a
functional and active design for the retail levels.
The above criterion specifically identifies the proposed density of a project as needing to be
compatible with surrounding properties. This property is restricted to 18 dwelling units/acre
per the underlying zoning. The applicant is proposing a density of 28.4 dwelling units/acre
with 199,830 square feet of GRFA. The neighboring property to .the south,-the One Willow
Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre,-which the new
development has proposed 8 dwelling units for a density of 2.9 dwelling units/acre with
135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel was substantially
accommodation units (123 units) and fractional fee units (14 units) which do not count
towards density. The adjacent property to the west, Vail Village Inn Phase III (SDD:#6), is
limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance adopting SDD
#6 it is not clear the number of dwelling units allowed, however, it identifies a minimum of
148 accommodation unify arid 64,267 square feet of GRFA-shall be located in Phase IV of
the project, however the overall project has a much greater density. As can be seen the
proposed Crossroads project has a greater density than the constructed or proposed
neighboring properties and more GRFA.
Staff believes the proposed Crossroads redevelopment complies with this portion of the
criterion as the proposed public,benefits outweigh all deviations proposed.
Employee Housing Requirements
As indicated in a number of the goals and objectives of the Town's Master Plans, providing
affordable housing for employees is a critical issue which should be addressed through the
planning process for SDD proposals. In reviewing the proposal for .employee housing
needs, staff relied on the Town of Vail Employee Housing Report. This report has been
used by the staff in the past to evaluate employee housing needs. The guidelines contained
within the report were used most recently in the review of the Austria Haus, Marriott, Four
Seasons, Manor Vail Lodge, and SDD No. 6 -Vail Village Inn development proposals.
The Employee Housing Report was prepared for the Town by the consulting firm Rosall,
Remmen and Cares. The report provides the recommended ranges of employee housing
units needed based on the type of use and the amount of floor area dedicated to each use.
Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the
incremental increase of employees (square footage per use). that results from the
redevelopment.
The figures identified in the report are based on surveys of the commercial-use employment
needs of the Town of Vail and other mountain resort communities. As of the drafting of the
report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances
requiring developers to provide affordable housing for a percentage of the new employees
resulting from commercial development. "New" employees are defined as the incremental
increase in employment needs resulting from commercial redevelopment. Each of the
communities assesses a different percentage of affordable housing a developer must
provide for the new employees. For example, Telluride requires developers to provide
housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new
employees are provided housing, and Whistler requires that 100% (1.00) of the new
23
employees be provided housing bythe-developer. In comparison, Vail has conservatively
determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new
employees resulting from commercial development. When a project is proposed to exceed
the density allowed by the underlying zone district, the_ 30% (0.30) 1=lgure is used in the
calculation. If a project is proposed at, or below, the density allowed bythe underlying zone
district, the 15% (0.15)1•igure is used. The Crossroads special development district does
exceed the density permitted by the underlying zone district in both number of dwelling units
and GRFA so the 30% ratio was used. .
Proposed Project
Employee Generation Calculations -Middle of Range
a) Multi-Family (Dwelling Units)
69 new units proposed @ (0.4/unit) = 27.6_employees
b) Retail and Service Commercial
45,804 sq. ft. @ (5.0/1000 sq. ft.) = 229.0 employees
c) Bar/RestaurantlArcadelTheater/Bowling
13,000 sq. ft. @ (5.0/1000 sq. ft.) = 65.0 employees
321.6 employees
Existing Crossroads Project
Employee Generation Calculations -Middle of Range
a) Multi-Familiy (Dwelling Units)
22 units existing @ (0.4/unit)
= 8.8 employees
b) Retail and Service Commercial
22,116 sq. ft. @ (5.0/1000 sq. ft.)
c) Office:. Professional/Other
20,000 sq. ft. @ (5.0/1000 sq. ft.)
d) Bar/Restaurant/Night Club/Theater
13,550 sq. ft. @ (5.0/1000 sq. ft.)
e) Bank
2,750 sq. ft. @ (2.5/000 sq. ft.)
f) Grocery
6,240 sq. ft. @ (1.5/1000 sq. ft.)
= 110.58 employees
= 100.0 employees
= 67.75 employees
= 6.88 employees
= 9.36 employees
24
303.37 employees
321.6 new employees
303.37 exisitinq employees
18.23 net new employees
x.30
5.47 required # beds
According to the calculations above, the applicant must establish 6 new deed-restricted
employee beds ("pillows"). The applicants are proposing to provide the required deed-
restricted employee housing beds off-site through the purchase of units throughout Tovvri.or
through apay-in-lieu program, if established by the Town prior to requesting a Temporary
Certificate of Occupancy (TCO). The applicant will deed restrict the units under the
appropriate deed restrictions depending upon which zone .district the property is located
within the community under the appropriate review process. In the previous meeting, the
Commission asked for greater detail on how a "bed" will be defined in regards to the deed
restricting of units. For example if the applicant purchased a structure containing three
bedrooms this could potentially count as' six employee "beds". As expressed by the
Commission a unit as described previously may likely be rented by a family and would still
-count as six employee beds. Staff recommends that the developer submit to staff, prior to
issuance of a TCO or Certificate of Occupancy, the location of the units proposed to be deed
restricted along with the appropriate review application which is applicable or remit payment
in funds commensurate with any adopted pay-in-lieu program. Please'see the applicant's
employee housing unit provision proposal on page 16 of the Crossroads Redevelopment:
Applications for Special Development District, Text Amendments..and Conditional tJse
Permit document dated December 12, 2005, which is attached for reference (Attachment C).
Staff believes that the proposal does comply with this portion of the criterion.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of
the Vail Town Code.
As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total
number of required parking .spaces for- the Crossroads project is' 235 spaces. The
applicants are proposing to provide a total of 338 spaces; all of which are to be provided in
the proposed underground parking structure. The 103 additional parking spaces proposed
to be constructed above and beyond that which is required are proposed to be placed in a
private parking club. ,The proposed subterranean parking structure permits a public plaza on
the surface which contains a proposed ice skating rink.
In order to establish a private parking club offering parking spaces, the' Town Code requires
the review and approval of a conditional use permit by the Commission. The applicant is
proposing to establish a 103 stall private parking club. Staff addresses the criteria for the
establishment of a private parking club in the Conditional Use Permit memorandum
accompanying this memorandum.
The applicant is proposing to utilize all of the 103 surplus parking spaces in a private parking
club in which participants would lease a space or potentially purchase if the applicant
chooses to condominiumize the spaces. The applicant desires to maintain ownership of the
parking spaces to avoid not having enough parking for the retail, restaurant, and office uses
if .the project becomes as successful as anticipated. There is a possibility that as various .
25
tenants begin to design and occupy their spaces that additional surplus parking may become
available. When calculating the required parking staff and the applicant were conservative
in estimating what percentage of retail and restaurant spaces will become areas not
assessed parking. An analysis will need to be run as each tenant goes in for building permit
and as tenants change out in the future. The applicant can return before the Commission at
a later date if additional surplus parking is created based on tenant make-up to amend the
conditional use permit. Staff recommends that the developer be permitted to establish a 103
parking space private club.
The applicant has proposed a five berth loading and delivery facility which is the maximum
required for this project. The proposed facility will be accessed off of the Frontage Road and
made available to neighboring properties as well for their loading and delivery needs. The
proposed loading and delivery facility is entirely enclosed and large vehicles can make all
turning movements inside the structure. The applicant and the staff agree that the .location,
configuration, and public use of the loading facility are a public benefit to the Town as it
reduces conflicts with pedestrians, reduces impacts due to being enclosed, and its
availability to the public for use: Staff recommends that through the Developer Improvement
Agreement the developer enter into an agreement with the Town to include the loading and
delivery facility in the overall loading and delivery system for the Town of Vail.
Staff believes that the application complies with this criterion.
D. Conformity with the applicable elements of the. Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development district.
Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to
the review of this proposal:
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining
a balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 .The quality of the environment including air, water and other natural
resources should be protected as the Town grows.
1.3 The quality of development should be maintained arid upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
2.2 The ski area owner, the business community and the- Town leaders
2s
should-work together closely to make. existing facilities and the Town
function more efficiently.
2.3 The ski area owner; the business community and the Town leaders
should work together to improve facilities for day skiers.
2.4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
3.0 Commercial
3.1 The hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to
serve the future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail,
therefore conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial
areas to accommodate both local and visitor needs.
4.0 Village Core /Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial, areas. Future commercial development in the
Core areas needs to be carefully controlled to facilitafe access and-
delivery.
4.2 Increased density in the Core areas is acceptable so long as the.
existing characterof each area is preserved thorough implementation
of the Urban Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identity of Vail and
should be preserved. (scale, alpine character, small town feeling,
mountains, natural setting, intimate size, cosmopolitan feeling,
environmental quality.]
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, platted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.4 Residential growth should keep pace with the marketplace demands
for a full range of housing types.
~J
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5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated at varied sites throughout the community.
According to the Official Town of Vail Land Use Plan map, the applicant's proposed
redevelopment site is located with the "Vail Village Master Plan"land use category..
Pursuant to the Plan, the "Vail Village Master Plan" land use category description,
"Vail Village has been designated separately as a mixed use area and accounts for 77 acres
or about 2% of the Plan area. This area has not been analyzed in this Plan document
because the Vail Village Master Plan study addressed this area specifically in more detail."
Staff believes that the application complies with the goals and objectives identified above.
Vail Village Master Plan
Staff believes that the following stated goals of the Vail Village Master Plan are applicable to
this application: t
Goal #2: To foster a strong tourist industry and promote year-around
economic health and viability for the Village and. for the community as a
whole.
Objective 2.4: Encourage the development of a variety of new
commercial activity where compatible with existing land uses.
Policy 2.4.1: Commercial infill development consistent with
established horizontal zoning regulations shall be encouraged
to provide activitygenerators, accessible greenspaces, public
plazas, and streetscape. improvements to .the pedestrian
network throughout the Village.
Policy 2.4.2: Activity that provides night life and evening
entertainment for both the guest and fhe community shall be
encouraged.
Objective 2.5: Encourage the continued upgrading, renovation and
maintenance of existing lodging and commercial facilities to better
serve the needs of our guests.
Policy 2.5.1: Recreation amenities, common areas, meeting
facilities and other amenities shall be preserved and
enhanced as a part of any redevelopment of lodging
properties.
Policy 2.5.2: The Town will use the maximum flexibility
possible in the interpretation of building and fire codes in
order to facilitate building renovations without compromising
life, health, and safety considerations.
Objective 2.6: Encourage the development of affordable housing
units through the efforts of fhe private sector.
2s
Policy 2.6.1: Employee housing units maybe required as
part of any new or redeveloped project requesting density
over that allowed by existing zoning.
Policy 2.6.2: Employee housing shall be developed with
appropriate restrictions so as fo insure their availability and
affordability to the local work force.
Policy 2.6.3: The Town of Vail may. facilitate in the
development of affordable housing by providing limited
assistance.
Goal #3: To recognize as a top priority the ,enhancement of the walking
experience throughout the Village.
Objective 3.1: Physically improve the existing pedestrian ways by
landscaping and other improvements.
Policy 3.1.1:' Private development projects shall incorporate
streetscape improvements (such as paver .treatments,
landscaping, lighting and seating areas), along adjacent
pedestrian ways.
Policy 3.1.2: Public art shall be encouraged at appropriate
locations throughout Town.
Policy 3.1.3: Flowers, trees, water features, and .other
landscaping shall be encouraged throughout the Town in
,locations adjacent to, or visible from, public areas..
Goal #4: To preserve existing. open space areas. and expand greenspace
opportunities.
Objective 4.1: Improve existing open space areas and create new
plazas with greenspaces and pocket parks. Recognize the different
roles of each type pf open space in forming the overall fabric of the
Village.
Policy 4.1.1: Active recreation facilities shall be preserved (or
relocated to accessible locations elsewhere in the Village) in
an y development or redevelopment of property in Vail Village.
Policy 4.1.2: The development of new public plazas, and
improvement to existing plazas (public art, streetscape
features, seating areas, etc.), shall be strongly encouraged to
reinforce their roles as attractive people places.
Policy 4.1.3: With the exception of ski base-related facilities,
existing natural open space areas at the base of Vail
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Mountain and throughout Vail Village shall be preserved as
open space.
Policy 4.1.4: Open space improvements including the
addition of accessible greenspace as described orgraphically
shown in the Vail Village Master Plan and/or Urban Design
Guide Plan, will be required in conjunction with private infill or
redevelopment projects.
Goal #5: Increase and improve the capacity, efficiency, and aesthetics of the
transportation and circulation system fhroughout the Village.
Objective 5.1: Meet parking demands with public and private parking
facilities.
Policy 5.1.1: For new development that is located outside the
Commercial Core I Zone District, on-site parking shall be
provided (rather than paying into the parking fund) to meet
any additional parking demand as required by the zoning
code.
Policy. 5.1.2: The expansion of the Vail Village parking
structure shall maximize the number of additional parking
spaces available for public parking.
Policy 5.1.3: Seek locations for additional structured public
and private parking.
Policy 5.1.4: Continue to promote the lease parking program
as a means for maximizing the utilization of private parking
spaces.
Policy 5.1.5: Redevelopment projects shall be strongly
encouraged 'to provide underground or visually concealed
parking.
Objective 5.3: Concentrate the majority of interconnecting transit
activity at the periphery of the Village to minimize vehicular traffic in
pedestrianized areas.
Policy 5.3.1: The Vail Transportation Center shall be the
primary pick up and drop off point for public transit and
private shuttle vans and taxis.
Objective 5.4: Improve the streetscape of circulation corridors
throughout the Village.
Policy 5.4.1: The Town shall work with the Colorado Division
of Highways toward the implementation of a landscaped
boulevard and parkway along the South Frontage Road.
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Policy 5.4.2: Medians and right-of-ways shall be landscaped.
.Goal #6: To ensure the continued improvement of the vital operational
elements of the Village. .
Objective 6.9: Provide service and delivery facilities for existing and
new development.
Objective 6.2: Provide for the safe and efficient functions of fire,
police and public utilities within the context of an aesthetically
,pleasing resort sefting.
Policy 6.2.1: Development projects and other improvements
in Vail Village shall be reviewed by respective Town
Departments to identify both the impacts of the proposal and
potential mitigating measures.
Policy 6.2.2: Minor improvements (landscaping, decorative
paving, open dining decks, etc.), maybe permitted on Town
of Vail land or right-of-way (wifh review and approval by the
Town Council and Planning and Environmental Commission
when applicable) provided that Town operations such as
snow removal, street maintenance and fire department
access and operation are able to be maintained at current
levels. Special design (i. e. heated pavement), maintenance
fees, or ,other considerations may be required to offset
impacts on Town services. ,
Staff believes. that- the application complies with all of the goals, objectives, and policies
identified above. Previously staff expressed that the proposal needed to address Objective
2.3. Tfie proposal now includes a tofal of five (5) lock-off units to increase the likelihood that
the project will have a greater occupancy rate. The applicant has submitted a rental
program to increase the likelihood of owners placing their units into a rental pool. A copy of
the rental program is attached for .reference on"pages 18-20 of the Crossroads
Redevelopment: Applications for Special Development District, Text Amendments, and
Conditional Use Permit document dated December 12, 2005 (Attachment C). Staff believes
the applicant has.made great progress in the architectural design and believes that through
the Design Review process the architecture can be, resolved. Staff, in previous
memorandums, expressed concerns about the scale of the structure and its relationship to
neighboring properties. Through the use of the computer model staff believes that the
revised .proposal will now be at an appropriate scale to neighboring properties, Four
Seasons, and Vail Plaza Hotel. While it is true that this proposal will set a new precedence
for height (99.9 feet) staff believes that the height and other deviations are offset by the
combination of benefits such as the public plaza, streetscape, public restrooms, and
incorporation of the loading and delivery facility in the overall loading and delivery system for
the Town. Staff under Criterion A addresses the benefits and reasoning behind staffs belief
that the new precedence for height has been offset by various elements of the proposal.
Town of Vail streetscape Master Plan
The Town's streetscape Master Plan does identify East Meadow Drive and Village Center
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Road within the East Meadow Drive -Willow Bridge Road to Vail Valley Drive portion of the
Town of Vail Streetscape Master Plan. The Plan identifies the following problems with the
existing conditions within this sub-area:
• The need to separate buses from pedestrians;
• The need to provide a more comfortable shopping experience;
• The need to restrict unnecessary vehicular traffic;
• The need to maintain access to existing lodge units; and
• The need to screen parking and accommodate loading and deliveryvehicles.
The Plan also identifies several key elements, landscaping, and site amenities for the East
Meadow Drive -Willow Bridge Road to Vail Valley Drive sub-area which include:
The asphalt road surface would be replaced by concrete unit pavers inmost
areas where pedestrians share the street with vehicles. In the restricted
access zone south of the Village parking structure, the pedestrian path would
be paved with concrete unit pavers. However, the bus lane would remain
asphalt. Additionally, the Willow Bridge Road street surface, from the north
side of Willow Bridge to the intersection of East Meadow Drive, would also
remain asphalt.
• Replacing the triangular planter at the intersection of East Meadow Drive and
Willow Bridge Road with a larger circular planter that is centered in the
intersection. In addition, the intersection will be accented with a special
paving treatment and will act as a focal point.
• Village Center Road would be narrowed to a minimum width of 28' (curb-to-
curb) to discourage unnecessary traffic. Fix to six, foot. wide concrete
sidewalks on each side of the street are planned to connect East Meadow
Drive to the Frontage Road.
• The railroad-tie planters along the parking lots for Crossroads and the
Sonnenalp-Swiss House should be replaced with at-grade planting beds,
similar to the planting beds along the south side of East Meadow Drive near
the Vail Village Inn.
• Landscaping is needed along Village Center Road, especially near the
Frontage Road, so as fo further inhibit vehicular traffic into the pedestrianized
areas.
• Landscaping, benches and a trash receptacle should be placed at the
Crossroad's bus stop as shown on the Master Plan graphic.
• Expanding the planter on the south side of the intersection of Village Center
Road and East Meadow Drive has been suggested. This would provide
better definition to the roadway as well as increasing the landscaped area.
Staff believes the proposal meets the requirements of the Streetscape Master Plan.
Previously staff identified that there was a lack of landscaping within the proposed public
plaza to replace the "at-grade planting beds" identified by the Plan to replace the
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railroad-tie beds. Staff believes that as the Design Review Board and Staffworkwith the
applicant in the Design Review process that additional landscaping will be added to the
plaza as the layout of the plaza becomes more firma Staff believes that the proposal
complies with the recommendations ofthe Vail Village Master Plan East Meadow Drive -
Willow Bridge Road to Vail Valley Drive sub-area.
The proposal currently proposes to construct streetscape improvements on :Village
Center Road which includes concrete unit pavers, landscaping, and heat tubing which
could eventually be connected to the Town of Vail boiler system. The Public Works
Department has identified that in their Master Plans it has never been anticipated that
Village Center Road would be heated. Therefore, they believe that the installation of
heat .tubing in Village Center Road should either not occur and therefore be .asphalt
instead of pavers or the heat tubing should be hooked up to the .Crossroads
development. The developer has expressed that they do not desire to connect any heat
tubing under Village Center Road to their boiler system. Town staff would request the
Planning and Environmental Commission provide input on whether or not heat tubing
should be installed or not and if the Town should look at the streetscape heating budget
and potentially include this area in the heating budget.
Vail Village Urban Design Guide Plan and Design Considerations
Portions of the Crossroads development site fall within the .purview of the Vail Village
Urban Design Guide Plan and Design Considerations
URBAN DESIGN CONSIDERATIONS
These considerations relate to general, large-scale land use planning issues, as well
as form considerations which affect more than one property or even whole areas..
These considerations are primarily the purview of the Planning and Environmental
Commission.
A. PEDESTRIANIZATION
A major objective for Vail Village is to encourage pedestrian circulation
through an interconnected network of safe, pleasant pedestrian ways. Many
of the improvements recognized in the Urban Design Guide Plans, and
accompanying Design Considerations, are to reinforce and expand the
quality of pedestrian walkways throughout the Village.
Since vehicular traffic cannot be. removed from certain streets (bus routes,
delivery access), a totally care-free pedestrian system is not achievable
throughout the entire Village. Therefore, several levels of pedestrianization
have been identified.
Staff Response:
The Crossroads development site is bordered by East Meadow Drive on the
south and Village Center Road to the east. Both East Meadow Drive and
Village Center Road are designated as streets intended to accommodate
pedestrian and vehicle traffic. East Meadow Drive is also a designated Town
of Vail bus route.
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The applicants are proposing to implement the recommendations of the
Town of Vail Streetscape Master Plan. According to the Plan, the
Crossroads development site is located in the East Meadow Drive -Willow
Bridge Road to Vail Valley Drive Sub Area. The details of the goals in this
sub area are identified earlier in this section. The primary goal of the East
Meadow Drive -Willow Bridge Road to Vail Valley Drive .Sub Area is to
provide an effective and safe, pedestrian system, while accommodating
vehicle and bicycle traffic.
The applicant has proposed to install pavers and heat tubing in the right-of-
way of Village Center Road and East Meadow Drive. The proposed heat
tubing could eventually be connected to .the Town's boilers in the parking
structure or elsewhere in the area. The applicant has proposed the
narrowing of Village Center Road as the Streetscape Master Plan identified
to discourage vehicular traffic and make the pedestrian more pleasant and
safer. In addition, the applicant has proposed a large plaza with an ice
skating ring located within it which would be coordinated in design with the
intersection of East Meadow Drive and Willow Bridge Road..The proposed
plaza would be heated as well and connected to boilers in the Crossroads
development.
As identified earlier in this section the applicant has proposed a portion of the
building in the southwest corner to be at a 12 foot setback with an actual .
height of 56 feet. Staff believes this feature will serve an important purpose
in the pedestrian feel of the streetscape by providing a "pinch point" between
the proposed plaza and the plaza created by Vail Village Inn and the
Sonnenalp.
Staff believes that the proposed application does comply with this. criterion.
B. VEHICLE PENETRATION
To maximize to the extent possible, all non-resident traffic should be routed
along the Frontage Road to Vail Village/Lionshead Parking Structures.
In conjunction with pedestrianization objectives, major emphasis is focused
upon reducing auto penetration into the center of the Village. Vail Road and
Vail Valley Drive will continue to serve as major routes for service and
resident access to the Village.
Road constrictions, traffic circles, signage, and other measures are indicated
in the Guide Plans to visually and physically discourage all but essential
vehicle penetration upon the Frontage Road. Alternative access points and
private parking relocation, where feasible, should be considered to further
reduce traffic conflicts in the Village.
Staff Response:
The Crossroads development has proposed a 5 berth loading and delivery
facility with access from South Frontage Road. The applicant has stated that
they are willing to participate in the overall loading and delivery scheme of
the Village. All vehicles utilizing the Crossroads development will park in a
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subterranean structure which has access off of the narrowed Village Center
Road. The proposal includes several items which will help make East
Meadow Drive and Willow Bridge Road more pedestrian friendly such as
paver colors and treatments and narrowed roads. Neither street is intended
to be pedestrian-only. Staff believes that the proposed application. complies
with this criterion.
C. STREETSCAPE FRAMEWORK
To improve the quality of the walking experience and give continuity to the
pedestrian ways, as a continuous system, two general types of
improvements adjacent to the walkways are considered:
1. Open space and landscaping, berms, grass, flowers and tree planting
as a soft, colorful framework linkage along pedestrian routes; and plazas and
park greenspaces as open nodes and focal points along those routes.
2. Infill commercial storefronts, expansion of existing buildings, or new
infill development to create new commercial activity generators to give
streetlife and visual interest, as attractions at key locations along pedestrian
routes.
It is not. intended to enclose all Village streets with buildings as in the core
areas. Nor is it desirable to leave pedestrian streets in the open in somewhat
undefined condition evident in many other areas of Vail. Rather, it is desired
to have a variety of open and enclosed spaces, both -built and landscaped,
which create a strong framework for pedestrian walks, .as well as visual
interest and activity.
Staff Response:
The applicants are proposing to improve and enhance the streetscape
framework along Village Center Road and East Meadow Drive. To this end,
a plan has been proposed that incorporates narrowed streets, pavers with
differing colors and patterns and a large plaza within the proposed
development. Staff believes the proposed. plaza could be very positive for
the community. Since the Jariuary 18, 2005, Town Council meeting the
proposal for the public plaza has been improved greatly. The incorporation
of additional plating beds and other features within the plaza have been
provided to address the items identified in the criterion above. The applicant
as also proposed to install heated sidewalks along the perimeter of the site.
Staff believes that the proposed application complies with this criterion.
D. STREET ENCLOSURE
While building facade heights should not be uniform from building to building,
they should provide a "comfortable" enclosure for the street.
Pedestrian streets are. outdoor rooms, whose walls are formed by the
buildings. The shape and feel of these "rooms" are created by the variety of
heights and massing (3-dimensional variations), which give much. of the
visual interest and pedestrian scale unique to Vail. Very general rules, about
the perception of exterior spaces have been developed by designers, based
35
on the characteristics of human vision. They suggest that:
"an external enclosure is most comfortable when its walls are
approximately 1/2 as high as the width of the space enclosed; if the ratio
falls to 1/4 or less, the space seems unenclosed; and if the height is
greater than the width it comes to resemble a canyon".
In actual application, facades are seldom uniform in height on both sides of
the street, nor is this desired. Thus, some latitude is appropriate, in the
application of this 1/2 to 1 ratio. Using the average facade height on both
sides will generally still be a guide to the comfortableness of the enclosure
being created.
In some instances, the "canyon" effect is acceptable and even desirable. For
example, as a short connecting linkage between larger spaces, to give
variety to the walking experience. For sun/shade reasons it is often
advantageous to orient any longer segments in anorth/south direction. Long
canyon streets in.an east/west direction should generally be discouraged.
When exceptions to the general height criteria occur, special consideration
should begiven tocreate awell-defined ground floor pedestrian emphasis to
overcome the "canyon" effect.
Canopies, awnings, arcades and building. extensions can all create a
pedestrian focus and divert attention from the upper building heights and
"canyon" effect.
Staff Response:
The configuration of the Crossroads development site and the desire to
create a large plaza in the interior largely dictates the orientation of the
building and the impacts that result regarding street enclosure. The two
street facades of the building are articulated and varied, horizontally and
vertically, along the lengths of the building. The applicant has chosen to
utilize an 11foot 6 inch floor plate which has the net effect of this building
being taller. Staff and the applicant have worked together to address the
relationship of this proposal to neighboring properties. Compatibility with
adjacent buildings has been accomplished by reducing the pitch of the roof,
removing a floor in the building in several locations, changes to the northeast
and northwest corners of the building, and the addition of roof features along
the western facade.
Staff believes that the application complies with this criterion.
E. STREET EDGE
Buildings in the Village core should form a strong but irregular edge to the
street.
Unlike many American towns, there are no standard setback requirements
for buildings in Vail Village. Consistent with the desire for intimate pedestrian
scale, placement of portions of a building at or near the property line is
36
allowed and encouraged to give strong definition to the pedestrian streets.
This is not to imply continuous building frontage along the property line. A
strong street edge is important for continuity, but perfectly aligned facades
over too long a distance tends to be monotonous. With only a few
exceptions in the Village, slightly irregular facade lines, building jogs; and.
landscaped areas, give the life to the street and visual interesf for pedestrian
travel. "
Where buildings jog to create activity pockets, otherelements can be used to
continue the street edge: low planter walls, tree planting, raised sidewalks,
texture changes. in ground surface, arcades, raised decks.
Plazas, patios, and green areas are important focal points for gathering,
resting, orienting and should be distributed throughout the Village with due
consideration to spacing, sun access, opportunities for views and pedestrian
activity.
Staff Response:
The Crossroads proposal, as stated previously, includes a large plaza which
opens up the pedestrian area at the intersection of Willow Bridge Road and
East Meadow Drive. It has been stated by the applicant that it is the intention
to make the plaza available to the public and Town for events such as "Street
Beat" concerts. Staff believes that the plaza is a great idea.. However, staff
would like to see a public easement recorded for the space and agreements
on the Town's rights to schedule events in the space. The proposed plaza
would compliment the eventual construction of the public venue space
associated with the construction of the Vail's Front Door project. Staff
believes the proposal substantially complies with this criterion. However,
details of the public easement need to be clarified.
F. BUILDING HEIGHT
Vail Village is perceived as a mix of two and three story facades, although
there are also four and five story buildings. The mix of building heights gives
variety to the street, which is desirable. The height criteria are intended to
encourage height in massing variety and to discourage uniform building
heights along the street.
Staff Response:
The applicant is proposing to construct ari eight story structure (six stories of
residential on top of and set back from the base two stories of commercial).
Staff believes that the building has been revised to better compliment
neighboring properties as identified in previous portions of this
memorandum. As stated earlier in the memorandum, the applicant is
proposing to utilize an 11 foot 6 inch floor plates in place of the established
11 foot floor plate. If the Commission agrees with the applicant's reasons for
the need of an 11 foot 6 inch floor plate it will become the new standard and
staff believes that the application will comply with this criterion.
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,.
G. VIEWS AND FOCAL POINTS
Vail's mountain/valley setting is a fundamental part of its identity. Views of
the mountains, ski slopes, creeks and other natural features are reminders to
our visitors of the mountain environment and, _by repeated visibility, are
orientation reference points. Certain building features also provide important
orientation references and visual focal points. The most significant view
corridors in the Village have been adopted as part of Chapter 18.73 of the
Vail Municipal Code. The view corridors adopted should not be considered
exhausted. When evaluating a development proposal, priority should be
given to an analysis of the impacfed project on public views. Views that
should be preserved originate from either major pedestrian areas or public
spaces, and include views of the ski mountain, the Gore Range, the Clock
Tower, the Rucksack Tower and other important man-made and natural
elements that contribute to the sense of place associated with Vail `These
views, which have been adopted by ordinance, were chosen due to their
significance, not only from an aesthetic standpoint, but also as orientation
reference points for pedestrians. Development in Vail Village .shall not
encroach into any adopted view corridor, unless approved under Chapter
18.73. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal
Code. Whether affecting adopted view corridors or not, the impact of
proposed development on views from public ways and public spaces must
be identified and considered where appropriate.
Staff Response:
The Crossroads development site is not located within any of the Town of
Vail adopted view corridors. The projects location adjacent to the South
Frontage Road lends the project to potentially affecting only the. views'of
residential unit owners in Phase III of the Vail Village Inn towards the Gore
Range; not an adopted view corridor. It is important to note, however, that
many of the units in Phase III of the Vail Village Inn currently do not have
views of the Gore Range except for potentially the top two floors. The
primary views of both the Crossroads development site and Vail Village Inn
Phase III is to the south towards Vail Mountain. Staff believes that the
application complies with this criterion.
H. SERVICE AND DELIVERY
Any building expansion should preserve the functions of existing service
alleys. The few service alleys that exist in the Village are extremely important
to minimizing vehicle congestion on pedestrian ways. The use of, and
vehicular access to, those alleys should not be eliminated except where
functional alternatives are not provided.
In all new and remodeled construction, delivery which avoids or reduces
impacts on pedestrian ways should be explored; and adopted whenever
practical, for immediate or future use. Rear access, basement and below
ground delivery corridors reduce congestion. Weather protection increases
delivery efficiency substantially.
Below grade delivery corridors are found in a few buildings in Vail Village
(Sitzmark/Gore Creek Plaza, Village Center, Vail Village Inn). Consideration
38
should be given to extending these corridors, where feasible, and the
creation of new ones. As buildings are constructed or remodeled, the
opportunity may exist to develop segments of a future system.
Staff Response:
The applicant has designed a service and delivery system which will avoid
and reduce the negative impacts on the pedestrian ways adjacent to the
lodge. As stated previously the applicant has proposed an enclosed 5-bay
loading and delivery system which has access off.of the South Frontage.
Road. The proposed design allows-for neighboring properties to utilize the.
facility and eliminates truck traffic on Village Center Road and on East
Meadow Drive. The applicant shall be required to participate in the overall
loading and delivery plan for Vail Village in a similar fashion as the Willow
Bridge project and the Vail's Front Door project. Staff believes that the
application complies with this criterion.
SUN/SHADE
Due to Vail's alpine climate, sun is an important comfort factor, especially in
winter, fall and spring. Shade areas have ambient temperatures substantially
below those of adjacent direct sunlight areas. On all but the warmest of
summer days, shade can easily lower temperatures below comfortable levels
and thereby, negatively impact use of those areas.
All new or expanded buildings should not substantially increase the spring
and fall shadow line (March 21 -September 23)'on adjacent properties or the
public right-of-way.
In all building construction, shade shall be considered in massing and overall
height consideration. Notwithstanding, sun/shade considerations are not
intended to restrict building height allowances, but rather to influence the
massing of buildings. Limited height exceptions may be granted to meet this
criterion.
Staff Response:
The proposal does shade the South Frontage Road to a great extent and for
short periods of the late morning it shades Vail Village Inn Phase III. In order
to eliminate the shading of Vail Village Inn Phase III the project would have to
be pulled much further back from the property line than even just the
setback. Staff believes that the extent of the shading and the duration of
shade on Vail Village Inn. Phase I II is minimal and acceptable. A copy of the
sun/shade study has been attached for reference (Attachment B). Staff
believes that the application complies with this criterion.
As previously discussed in this section of the memorandum, staff believes that the
application complies with all the goals and objectives of the Vail Comprehensive plan.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
39
According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development
site is not located in any geologically sensitive areas. Staff believes that the application
complies with this criterion.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposed site plan shows the building encroaching into the setbacks surrounding the
property. The applicant states that the primary reason for this is the proposed creation of a
large plaza which will have an ice skating rink during the winter and apop-jet water feature
in the summer. Staff previously expressed concerns regarding the "forward looking
expression of European. alpine heritage and more contemporary forms" (taken from the
applicant's proposal document) and how it would compliment the character of the Village.
Staff and the applicant have worked together on the architecture of the building and agree
that the overall architecture of the building is compatible and consistent with existing
buildings in the area, the potential future redevelopment of structures in the area, and the
Town's design guidelines. Staff and the applicant agree that any remaining details of the
architecture will be worked out with the Desigri Review Board in the review of the project
upon approval of the Town Council.
As discussed previouslythe applicant has proposed an ice skating rink/pop jetwaterfeature
within the proposed plaza. Staff agrees that there is public benefit to this proposed use.
However, staff believes that in order for. the plaza to achieve the maximum value as a public
benefit and to offset the deviations proposed staff believes that a pedestrian access
easement and usage agreement should be entered into with the developer. The easement
and agreements would establish rights for the Town to coordinate potential events on the
public plaza. In the absence of.such an agreement, the public plaza does not have value as
a public benefit. Staff recommends that the Commission requires a condition that would
establish an agreement between the Town and Developer regarding the proposed public
plaza.
Staff believes the proposal complies with this criterion.
G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The Town of Vail Public Works Department has reviewed the proposed plans for circulation
to ensure that it is designed well for both vehicles and pedestrians on and off the site.
Following the review of the plans, the Public Works Department forwarded theirwritten final
comments in a memorandum, dated January 16, 2006. Many of the final comments are time
sensitive actions that can only be accomplished at a later date or are only necessary to
address if the applicants receive approval of this request. To require full compliance at this
time would thus be inappropriate. A copy of the memorandum with the final written
comments from the Public Works Department has been attached for reference (Attachment
G).
The traffic report submitted by the applicant depicts overall intersection levels for existing
and future service being. maintained at a Level Of Service (LOS) A. However, the Village
Center Road northbound left turn movement is a LOS of C and with the development of this
project this movements delay increases by approximately 15% but the LOS remains at a
40
/.
level of C. The overall impact on Village Center Road's north bound left turn lane is a queue
increase of 15 feet in length to 40 feet in length. Staff believes that it will be imperative to
assess the applicant a fee of $5,000 per additional peak PM trip generated by this project
should it be granted approval. The traffic report identifies that there is a net increase of 68
PM Peak Hour trips for the Crossroads project. At $5,000 per net trip this results in'an
impact fee of $340,000. This impact fee shall not be offset by any public improvements.
The impact fee shall. be submitted to the Town of Vail to be used specifically for traffic
improvements as deemed necessary by the Town of Vail.
To address the concerns of circulation of pedestrians and vehicles and the conflicts that are
present between the two, the applicant has proposed improvements to Village:Center Road
and East Meadow Drive which make the area feel more pedestrian oriented and restricts
errant vehicular traffic from finding its way into the pedestrian area by narrowing the roads.
The proposal will also improve loading and delivery traffic in the area. The proposal also
includes a fully enclosed 5 berth loading and delivery facility with access off of the Frontage
Road. Currently, there. is a fairly high volume of loading and delivery vehicles on Village
Center Road and East Meadow Drive. The applicant has expressed that they are willing to
be a member of the overall loading and delivery system which currently has participation
from the eventual Vail's Front Door facility and the One W illow Bridge project facility. Staff
recommends that through a developer improvement agreement that the 5 berth loading and
delivery facility is made available for inclusion in the overall Town of Vail loading and delivery
system which may include the establishment of an easement.
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
The applicant has proposed a large plaza along East Meadow Drive which contains an ice
skating rink in the winter and apop-jet water feature in the warmer months. The proposed
plaza has been reworked to include greater landscaping than in previous submittals. The
planter bed locations and the landscaping to be planted in each will be carefully selected in
order for the retail to be as visible as possible. The applicant's proposal complies with the.
landscaping minimum requirements as depicted on the landscaping plan.
Since the Commission last saw the applicant's proposal focus has been placed upon the
landscaping plan and incorporating the appropriate scale of landscaping upon the plan. The
current landscaping plan includes a variety of plants. In order to mitigate the proposed
height of the structure the plan includes numerous evergreen trees ranging from heights of
20 feet to 40 feet.
Staff believes that the changes are an improvement which now makes this proposal comply
with this criterion.
1. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
The applicant is proposing to construct the project in one phase and a subdivision of the
property will be necessary to facilitate the development of the Crossroads project.
41
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval, with.conditions to
the Vail Town Council of the development application to establish Special Development
District No. 39, Crossroads, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail
Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings
as outlined in this memorandum and from the evidence and testimony presented.
Should the Planning and Environmental Commission choose to forward a recommendation
of approval, with conditions of the applicants' request, staff recommends that the following
findings be made as part of the motion:
~ecial Development District No. 39, Crossroads
"That the proposal to establish Special Development District No. 39, Crossroads,
complies with the nine design criteria outlined in Section 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.
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
42
benefits, of which the provision of a public plaza on the site per the Town's
Master Plans was fhe mosf offsetting element.
That the proposed gross residential floor area of 173.6% of lot area, additional twenty-
two dwelling units over allowable (at 26.1 units per acre total) and site coverage of
107, 772 square feet (93.6%) in the Commercial Service Center zone district is in
conformance with applicable elements of the Vail Comprehensive Master Plan.
That the development is in compliance with the purposes of the Commercial Service
Center zone district, that the proposal is consistent with applicable elements of the Vail
Village Master Plan, the Vail Land. Use Plan, and the Vail Streetscape Master.Plan, and
that the proposal does not otherwise have a significant negative effect on the character
of the neighborhood, and that the proposal substantially complies with other applicable
elements of the Vail Comprehensive Plan."
That the submitted Environmental Impact Report for the Crossroads Redevelopment
dated December 2005 addresses all aspects of potential concern.
Should the Planning and Environmental Commission choose to recommend approval the
applicant's requests, staff recommends the following conditions:
The Developer shall address the following conditions of approval prior to appearing before
the Vail Town Council for second reading of an adopting ordinance for the establishment of
Special Development District No. 39, Crossroads:
The Developer shall prepare a written agreement, for Town Council review and
approval, outlining the responsibilities and requirements of the required offsite
improvements, as indicated on the proposed Approved Development Plan. This
agreement shall include, but not be limited to; all streetscape improvements along
Village Center Road and East Meadow Drive, public access to the plaza for
pedestrians and Town sponsored events, which may include the establishment of an
easement on the plaza and language in the covenants and declarations for owners
of property in the project regarding the use of the plaza for special events, inclusion
of the loading and delivery facility in the overall loading and delivery system, payment
of traffic impact fees and credits given to offset fee, and details for funding public art.
2. The Developer shall submit a fire and life safety plan for review and approval by the
Town of Vail Fire Department.
The Developer shall address the following conditions of approval prior to submitting a
building permit application (a grading permit/excavation permit shall constitute a building
permit);
The Developer shall submit a final exterior building materials list, typical wall section,
architectural specifcations, and a complete color rendering for review and approval
of the Design Review Board, prior to submittal of an application for a building permit.
2. The Developer shall submit a rooftop mechanical equipment plan for review and
approval by the Design Review Board. prior to the submittal of a building permit
application. All rooftop mechanical equipment shall be incorporated into the overall
design of the structure and enclosed and visually screened from public view.
43
3. The Developer shall submit a comprehensive sign program for review and approval
by the Design Review Board.
4. The Developer shall receive all the required permits from the Colorado Department
of Transportation (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;
The Developer shall be assessed a traffic impact fee of $5,000 per net trip increase
in p.m. traffic, or $340,000. This impact fee shall not be offset by any public
improvements.
2. The Developer shall post a bond to provide financial security for 125% of the total
cost of the required off-site public improvements. The bond shall be in place with the
Town prior to the issuance of a temporary certificate of occupancy. This includes but
is not limited to the proposed streetscape improvements.
3. The Developer shall commence initial construction of the Crossroads improvements
within three years from the time of its final approval at second reading of the
ordinance establishing Special Development District No. 39, and continue diligently
toward the completion of the project. If the developer does not begin and diligently
work toward the completion of the special development district or any stage of the
special development district within the time limits imposed, the approval of said
special development district shall be void. The Planning and Environmental
Commission and Town Council shall review the special development district upon
submittal of an application to reestablish the special development district following
the procedures outlined in Section 12-9A-4, Vail Town Code.
4. The Developer shall provide deed-restricted housing that complies with the Town of
Vail Employee Housing requirements (Chapter 12-13) for a minimum of six (6) beds
generated by the redevelopment of Crossroads, and that said deed-restricted
employee housing shall be made available for occupancy, and that the deed
restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to
issuance of a Temporary Certificate of Occupancy for the Crossroads project. The
44
required Type II or III deed-restricted employee housing units will be regulated by the
Town of Vail Employee Housing requirements (Chapter 12-13). The applicant shall
purchase and deed restrict the employee housing beds prior to requesting a
temporary certificate of occupancy. The units purchased must be approved as
acceptable by Town staff and deed restricted as Type II or 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 upori the plaza level
tenant spaces to retail uses solely and shall not be utilized for professional offices,
business offices, and studios. The second floor retail space maybe utilized for any
allowable or conditional use as listed in the Commercial Service Center Zone
District. No space noted as retail space on the Approved Development Plan shall be
converted to a residential dwelling unit. Temporary real estate sales offices may be
allowed on the plaza level of retail during the first two years following the issuance of
a certificate of occupancy in order to allow effective sales of dwelling units on-site.
X. ATTACHMENTS
A. Vicinity Map
B. Reduce plans of the proposal dated December 12, 2005
C. Crossroads Redevelopment: Applications for Special Development District Text
.Amendments, and Conditional Use Permit Dated December 12, 2005
D. Environmental Impact Report for Crossroads Redevelopment: Special Development
District and Conditional Use Permit Applications dated December 2005
E. Vail Village Master Plan: Conceptual Building Height Plan
F. Vail Village Master Plan: Land Use Plan
G-. Public Works memo dated.January 16, 2006
H. Public Notification
I. Letters from Public
45
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SKI BASE /RECREATION wi'~1i
7
MEMO
To: Warren Campbell, Senior Planner
From: Tom Kassmel, Town Engineer
Re: Crossroads Redevelopment-Public Works Comments
Date: 01-16-06
After a review of the submittal of the Crossroad redevelopment plans, the Public Works
Departments finds the following issues that will need to be addressed prior to final
approval. The following outlines. comments that will need to be conditions of approval of
PEC.
Public Works conditions of approval:.
1. Final Civil Engineering drawings and Final Drainage Report must be approved
prior to Building permit submittal and meet all. Town codes and standards. An
additional 2 to 6 month review and comment period will be required for this
submittal.
2. The access off the S. Frontage Rd. is key to this development. A C-DOT access
permit shall be approved by CDOT prior to Building permit submittal and shall be
a condition of PEC approval. If changes to the PEC approved plans are required,
by C-DOT to facilitate an Access Permit the applicant will be required to return
for an amendment to the PEC approved_plans.
3. Prior to submittal of building. permit CDOT shall have approved the construction
drawings for the S. Frontage Rd.
4: Village` Center Road shall be graded with a normal crown.
5. The plaza grading shall match the proposed East Meadow streetscape plans
grading currently be designed by the Town of Vail. This may require an elevation
change of the plaza. Please coordinate with the Town of Vail.
6. The alignment of East Meadow drive may be required to shift to the north at the
intersection of Village Center Rd. as a result of improvements being proposed by
Village Center. Please coordinate with Village Center and Town of Vail.
7. Applicant shall be responsible for the complete design and construction of the
roadway improvements as shown on the Crossroads Public Improvements plan
dated 12/12/05 and also the complete design of the remainder of Willow Bridge
Rd. going south to the International Bridge, excluding but matching those
.improvements being designed and constructed by One Willow Place Road. This
includes streetscape, heated sidewalk and streets, landscape, planters, lighting,
irrigation, signage, and storm drainge improvements on Village Center Rd., East
Meadow Drive, Willow Bridge Rd., and the South Frontage Rd.
8. The heated streetscape proposed within the public ROW.shall be constructed,
operated, and maintained by Crossroads as delineated in the plan dated December
12, 2005. The heated improvements proposed to be constructed on Village Center
Rd. will be a benefit to the snow maintenance of Village Center Rd., however
currently it is not within the Town's plan to pay for the construction of a boiler
Attachment:. G
plant of this area nor is it within the Town's plan to pay for its operation and
maintenance. This will require further commitment from the Town once these
improvements are constructed. If the Town does not commit to paying for the
said improvements or operations, it may be beneficial to leave this street as .
asphalt pavement. Non-heated brick pavers on.this stretch of steep roadway will
be required to be plowed regularly and will cause significant damage to the
pavers.
9. All private improvements within the public ROW, including any temporary
shoring that is to remain in place, will require a Revocable ROW permit.,
10. All shoring walls shall remain within the private propertylimits.
11. The proposed drainage system .along the S. Frontage Rd. shall be coordinated with
Vail Plaza Hotel and tied into the Vail Plaza hotel proposed storm sewer system.
12. All grading and drainage for parking structure is required to be shown. Provide a
sand/oil separator.
13. A Traffic impact fee of $5000 per additional pm peak trip generation (68 trips @
$5000 = $340,000) shall be assessed to the developer and held by the Town of
Vail to implement a future traffic solution east of crossroads that facilitates traffic
and U-turn movements.
14..A11 necessary easements, agreements, bonds, and permits must be in place prior to
building permit submittal. (i.e. construction easements on adjacent properties,
utility easements, pedestrian easements, drainage easements, access easements,
revocable ROW permit, ROW permit, etc...)
15. An excavation shoring plan shall be required to be approved prior to Building ,
permit submittal. This shall include cross sections, profiles, and plazas showing all
conflicts and nail locations. It should be noted that any encroachment into CDOT
ROW (i.e. shoring) will require their approval and may include, a lease
.agreement, permit etc.. .
16. The developer shall be responsible to construct all necessary storm water
improvements in order to convey all contributing on-site and adjacent off-site
drainage to gore creek.
17. The open plaza should be dedicated, similar to the Lionshead Core Site Pedestrian
Plaza as a public access easement.
18. The developer shall incorporate Art in Public Places and coordinate with AIPP for
implementation.
19. The loading and delivery facility shall be made available to provide capacity to
other sites. This will require easy access from the delivery facility, down a
service elevator, then direct access to the plaza level, an easement for this access
will be required.
20. A stormwater discharge permit and erosion control plan will be required prior to
building permit approval.
21. An approved staging plan, phasing plan, and construction schedule shall be
required prior to Building Permit approval.
~.~~,~ ~ THIS ITEM MAPUBL C NO IOER PROPERTY
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will. hold a public hearing in accordance with section 12-3-6, Vail Town
Cod. e, on January 9, 2006, at 2:00 pm in the Town of Vail. Municipal Building, in
consideration of:
A request for a fnal review of a variance from Section 12-6D-6, Setbacks, Vail.Town
Code, pursuant to .Chapter 12-17, Variances, Vail Town Code, to allow for a deck and
patio within the side and rear setback, located at 324 Beaver Dam~Road/Lot 19, Block 7,
Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0092)
Applicant: Peter Kalkus
Planner: Bill Gibson
An appeal of an administrative interpretation, pursuant to Section 12-3-3, Appeals, Vail
Town Code, for clarifications to the provisions of Chapter 12-1.5, Gross Residential Floor
Area, Vail Town Code, and setting forth details in regard thereto.
Applicant: Town of Vail
Planner: Bill. Gibson
A request for a recommendation to the Vail Town Council on a proposal to establish
Special Development District No. 39, pursuant to Article 12-9(A), Special Development ~~~~' c~
District, -Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use rn tom-(
development; located at 141 and 143 Meadow Drive/Lot P, .Block 5D, Vail Village Filing -('
1, and setting forth details in regard thereto. (PEC05-0093) ~
Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented
by.Mauriello Planning Group, LLC
Planner: Warren Campbell
A request for conditional use permits, pursuant to Section 12-7E-4, Conditional Uses,
Vail Town Code to allow for, a major arcade; a theater, meeting rooms, and convention
facilities; multiple-family dwellings and lodges; a private club (parking club); a bowling
alley; and .the outdoor operation of an accessory uses (ice skating rink) located at 141
~`~ and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC05-0094)
Applican#: Crossroads East One, LLC and Crossroads West One, LLC, represented
by Mauriello Planning Group, LLC
Planner: Warren Campbell
A request for text amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code to Section 12-2-2, Definitions, Vail Town Code, to define a bowling alley and a
request for a text amendment to Section 12-7E-4, Conditional Uses, Vail Town Code, to
allow for a bowling alley as a conditional use in the Commercial Service Center zone
~.~_~~~ district; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and
setting forth details in regard thereto. (PEC05-0095)
Applicant: Crossroads East One, LLC and Crossroads West One, .LLC, represented
by Mauriello Planning Group, LLC
Planner: Warren Campbell
Attachment: H
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: March 21, 2006
SUBJECT: Resolution No. 3, Series of 2006, a resolution amending certain portions of the Vail
Land Use Plan and amending the Vail Land Use Map to identify those properties
regulated by the Lionshead Redevelopment Master Plan, and setting forth details
in regard thereto.
I. SUMMARY
This application is regarding an amendment to the Vail Land Use Plan text and map to
designate the land area included within the boundaries of the Lionshead Redevelopment
Master Plan as being regulated in terms of land use by the Lionshead Redevelopment
Master Plan. This amendment will bring the Vail Land Use Plan up to date with the
Town's currently adopted master plans. Vail Village is similarly designated in the Vail
Land Use Plan as being the "Village Master Plan" land use and regulated by the Vail
Village Master Plan. Adoption of this amendment does not affect the existing zoning on
the properties.
On February 7, 2006, the Community Development Department presented an application
to the Planning and Environmental Commission to amend certain portions of the .Vail Land
Use Plan text and map to identify those properties regulated by the Lionshead
Redevelopment Master Plan. The Commission forwarded a recommendation of approval
to the Town Council by a vote of 6-0-0.
I1. DESCRIPTION OF THE REQUEST
The Town Council can vote to approve, approve with modifications, or deny Resolution
No. 3, Series of 2006. The Community Development Department recommends that the
Vail Town Council approves Resolution No. 3, Series of 2006; as presented.
III. BACKGROUND
The Town of Vail Land Use Pan was adopted on November 18, 1986, with the purpose of
articulating land use goals and guiding future decisions regarding land use within the Town.
Accompanying the Plan is a map which identifies in a spatial format the location of the Land
Use Categories identified in the Plan. The Vail Land Use Plan and map have been updated
several times. Most recently, in association with the Vail's Front Door project.
IV. APPLICABLE PLANNING DOCUMENTS
Vail Land Use Plan (in part)
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town
Council. The main purpose of the Land Use Plan is two-fold:
b
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land use
decisions may be made within the Town of Vail. -The goals, as articulated within the Land
Use Plan, are. meant to be used as adopted policy. guidelines in the review process for
new development proposals. In conjunction with these goals, land use categories are
defined to indicate general types of land uses which are then used to develop the Vail
Land Use Map. The Land Use Plan is not intended to be .regulatory in nature, but is
intended to provide a general framework to guide decision making. Where the land use
categories and zoning conflict, existing zoning controls development on a site.
The Vail Land Use Plan contains the following goals:
1.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and .other natural
resources should be profected as the Town grows.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.4 The original theme of the .old Village Core should be carried into new
development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.5 Commercial strip development of the Valley should be avoided.
1.6 Development proposals on the hillsides should be evaluated on a case by
case basis. Limited development may be permitted for some low intensity
uses in areas that are not highly visible from the Valley floor. New projects
should be carefully controlled and developed with sensitivity to the
environment.
1.7 New subdivisions should not be permitted in high geologic hazard areas.
1.8 Recreational and public facility development on National Forest lands may
be permitted where no high hazards exist if.~
a) Community objectives -are met as articulated in the Comprehensive
Plan.
b) The parcel is adjacent to the Town boundaries, with good access.
c) The affected neighborhood can be involved in the decision-making
process.
2
9.9 National Forest land which is exchanged, sold or otherwise falls into private
ownership should remain as open space and not be zoned for private
development.
1.10 Development of Town owned lands by the Town of Vail (other than parks
and open space) may be permitted where no high hazards exist, if such
development is for public use.
1.11 Town owned lands shall not be sold to a private entity, long term leased to a
private entity or converted to a private use without a public hearing process.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
1.13 Vail recognizes its stream tract as being a desirable land feature as well as
its potential for public use.
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day skiers.
2.2 The ski area owner, the business community and the Town leaders should
work together closely to make existing facilities and the Town function more
efficiently.
2.3 The ski area owner, the business community and the Town leaders should
work together to improve facilities for day skiers.
2.4 The community should improve summer recreational and cultural
opportunities to encourage summer tourism.
2.5 The community should improve non-skier recreational options to improve
year-round tourism.
2.6 An additional golf course is needed. The Town should work with the down
valley communities to develop a public golf course as well as other sports
facilities to serve the regional demand for recreational facilities.
2.7 The Town of Vail should improve the existing park and open space lands
while continuing to purchase open space.
2.8 Day skiers need for parking and access should be accommodated through
creative solutions such as:
a) Increased busing from out of town.
b) Expanded points of access to the mountain by adding additional base
portals. .
c) Continuing to provide temporary surface parking.
d) Addition of structured parking.
3
1.
3.0 Commercial
3.1 The hotel bed base should be preserved and used more efficiently.
3.2 The Village and Lionshead areas are the best location for hotels to serve the
future needs of the destination skiers.
3.3 Hotels are important to the continued success of the Town of Vail, therefore
conversion to condominiums should be discouraged.
3.4 Commercial growth should be concentrated in existing commercial areas to
accommodate both local and visitor needs.
3.5 Entertainment oriented business and cultural activities should be
encouraged in the core areas to create diversity. More nighttime
businesses, on-going events and sanctioned "street happenings" should be
encouraged.
4.0 Village Core /Lionshead
4.1 Future commercial development should continue to occur primarily in
existing commercial areas. Future commercial development in the Core
areas needs to be carefully controlled to facilitate access and delivery.
4.2 Increased density in the Core areas is acceptable so long as the existing
character of each area is preserved thorough implementation of the Urban
Design Guide Plan.
4.3 The ambiance of Vail Village is important to the identify of Vail and should
be preserved. (scale, alpine character, small town feeling, mountains,
natural setting, intimate size, cosmopolitan feeling, environmental quality.)
4.4 The connection between the Village Core and Lionshead should . be
enhanced through:
a) Installation of a new type of people mover.
b) Improving the pedestrian system with a creatively designed connection,
oriented toward a nature walk, alpine garden, and/or sculpture plaza.
c) New development should be controlled to limit commercial uses.
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in existing,
platted areas and as appropriate in new areas where high hazards do not
exist.
5.2 Quality time-share units should be accommodated to help keep occupancy
rates up.
5.3 Affordable employee housing should be made available through private
efforts, assisted by limited incentives, provided by the Town of Vail with
appropriate restrictions.
4
5.4 Residential growth should keep pace with the marketplace demands for a
full range of housing types.
5.5 The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied
sites throughout the community.
Sub-section 8.3.C of the Vail Land Use Plan outlines the amendments procedures for
proposed changes to the Plan. The amendment process is one which is intended to
assure the Plan's effectiveness with periodic updates to reflect current thinking and
changing market conditions. The process includes amendments which may be initiated in
any of the following three ways:
A. By the Community Development Department
B. By the Planning and Environmental Commission or Town Council
C. By the Private Sector
Pursuant to Sub-section 8.3.C.2, in part, (an application initiated by the private sector),
"Such applications will be considered at a meeting with the PEC. At the PEC
public hearing, a recommendation shall be made to the Town Council, whereupon
a decision shall then be rendered. To change the by this procedure, it shall be the
responsibili#y of the applicant to clearly demonstrate how conditions have changed
since the Plan was adopted, how the Plan is in error, or how the addition, deletion,
or change to the Plan is in concert with the Plan in general. Such decision may
include approval, approval with conditions, or denial. Amendments may be
requested for changes to the goals and policies and/or Land Use Plan map. If
such request is approved, such change shall be made to the Plan document and/or
map. If such request is denied, no such request that is substantially the same as
that previously denied shall be considered for a period of one year."
An amendment to the Vail Land Use Plan shall be approved by the Vail Town Council
upon passage of a resolution.
V. PROPOSED MASTER PLAN AMENDMENTS
The text and map amendments to the Vail Land Use Plan are being proposed in order to
bring the Plan up to date with the currently adopted Lionshead Redevelopment Master
Plan. The proposed amendments are intended to facilitate the redevelopment of
Lionshead through the "use of the Lionshead Redevelopment Master Plan. Staff is
initiating three amendments to the Vail Land Use Plan. The amendments include:
1. A text amendment to add language describing the Lionshead Redevelopment
Master Plan Land Use Category;
2. A text amendment to delete the obsolete Tourist Commercial Land Use
Category; and
3. An amendment to. the Plan map to delineate the area regulated by the
Lionshead Redevelopment Master Plan.
Chapter VI of the Vail Land Use Plan establishes a number of different land use ,
categories. Currently, there is not a category for those areas regulated by the Lionshead
Redevelopment Master Plan. Staff is proposing to add a definition of the Lionshead
Redevelopment Master Plan - LRMP Land. Use Category. The purpose of the
amendment is to expand on the existing land use categories to more accurately reflect the
type and nature of land uses typically associated with the Lionshead .Redevelopment
Master Plan.
In addition, Staff is proposing to delete the Land Use Category description for Tourist
Commercial. The existing Tourist Commercial Land Use Category will be replaced by the
proposed Lionshead Redevelopment Master Plan -LRMP Land Use Category.
The staff is proposing the following master plan text amendment language. Text to be
added is shown in bold italics and text to be deleted is shown in st~ilEet#reug~:
LRMP -Lionshead Redevelopment Master Plan
Included in this category are those properties which are identified as being
included in the Lionshead Redevelopment Master Plan boundaries.
Properties located within this land use category shall be encouraged to
redevelop, per the Master Plan recommendations, as it has been found that it
is necessary in order for Vail to remain a competitive four-season resod.
Uses and activities for these areas are intended to encourage a safe,
convenient and an aesthetically-pleasing guest experience. The range. of
uses and activities appropriate in the Lionshead Redevelopment Master Plan
(LRMP) land use category may include skier and resort services, ski lifts, ski
trails, base facilities, public restrooms, #ickef sales, clubs, public plazas,
open spaces, parking and loading/delivery facilities/structures, public
utilities, residential, lodges, accommodation units, deed restricted employee
housing, retail businesses, professional and business offices, personal
services, and restaurant uses.
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VI. ATTACHMENTS
A. Existing Land Use Plan Map (in part)
B. Proposed Land Use Plan Map (in part).
C. Resolution No. 3, Series of 2006
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RESOLUTION NO. 3
Series of 2006
A RESOLUTION AMENDING A CERTAIN SECTION OF THE VAIL LAND USE PLAN
TO ALLOW FOR ADDITION OF THE LIONSHEAD REDEVELOPMENT MASTER PLAN
LAND USE DESIGNATION, DELETION OF THE TOURIST COMMERCIAL LAND USE
DESIGNATION, AMENDMENTS TO VAIL LAND USE PLAN MAP, AND SETTING
FORTH DETAILS IN REGARD THERETO.
WHEREAS, on November 18, 1986, the Vail Town Council (the "Town Council")
adopted the Vail Land Use Plan (the "Master Plan"); and
WHEREAS, the Master Plan was initiated by the Town of Vail to direct future
land use decisions within the Town of Vail; and
WHEREAS, Section 8-3, Vail Land Use Plan, outlines a procedure for amending
the Master Plan; and
WHEREAS, pursuant to Section 8-3, Vail Land Use Plan, the Community
Development Department has proposed an amendment to the Master Plan; and
WHEREAS, the Lionshead Redevelopment Plan was adopted on December 15,
1998, to regulate and guide redevelopment within the area proposed for amendment;
and
WHEREAS, the Town of Vail Planning and Environmental Commission has held
a public hearing on the proposed amendment on February 13, 2006, and has forwarded
a recommendation of approval of the amendment to the Town Council; and
WHEREAS, the purpose of this amendment is to amend the language and map
of the Master Plan to allow for the incorporation of the Lionshead Redevelopment Master
Plan land use designation; and
WHEREAS, the Town Council finds that the proposed amendment improves and
enhances the effectiveness of the Master Plan without negatively affecting the goals,
objectives, and policies prescribed by the Master Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
1. The Town Council of the Town of Vail hereby amends the Vail Land Use
Plan as follows:
The amendments to the text of the Vail Land Use Plan are indicated in BOLD
ITALICS (additions) and '~L~-Go (deletions).
(in part)
~er>-ef-e~e~~ele~er~ -rs--st~a~e-#er--1#e-area; -~roy##-f#e-eas;T~,--f~,~,
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LRMP -Lionshead Redevelopment Master Plan
Included in this category are those properties which are identified as being
included in the Lionshead Redevelopment Master Plan boundaries.
Properties located within this land use category shall be encouraged to
redevelop, per the Master Plan recommendations, as if has been found that
it is necessary in order for Vail to remain a competitive four season resort.
Uses and activities for these areas are intended to encourage a safe,
convenient and an aesthetically-pleasing guest experience. The range of
uses and activities appropriate in the Lionshead Redevelopment Master
Plan (LRMP) land use category may include skier and resort services, ski
lifts, ski trails, base facilities, public restrooms, ticket sales, clubs, public
plazas, open spaces, parking and loading/delivery facilities/structures,
public utilities, residential, lodges, accommodation units, deed restricted
employee housing, retail businesses, professional and business offices,
personal services, and restaurant uses.
The area in the following image is the portion of the existing Vail Land Use Plan Map
proposed to be amended through this Resolution.
~~ Communiry.Ottice
(',~-_~-} Opan Space -
.~. ~ SI6 Base
Semi-Public
MAP NOT TO SCALE I Tra~sroon Afea
03/21 /O6
(
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2
The area in the following image is the portion of the Vail Land Use Plan Map which is
proposed to be amended through this Resolution to identify the parcels regulated by the
Lionshead Redevelopment Master Plan Land Use Designation.
Vail Land Use Plan =Revised Land Use Plan Map
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(03/21/06)
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INTRODUCED, READ, APPROVED AND ADOPTED this 21St day of March,
2006.
ATTEST:
Rodney Slifer, Mayor, Town of Vail
Lorelei Donaldson, Town Clerk
3
TOWN OF VAIL MEMORANDUM
TO: Stan Zemler
Council Members
FROM: Jacque Lovato
DATE:, 4th Qtr 2005
RE: Investment Report
Enclosed is the investment report with balances as of December 31, 2005.
The estimated average yield for the pooled cash fund was 3.82%. As of
12/01/05, the yield curve for 3 months, 6 months, and 1 year are 3.97%, 4.33%,
and 4.35% respectively.
Please call me if you have any questions.
Town of Vail, Colorado
Investment Report
Summary of Accounts and Investments
For Month Ended 12/31 /OS
Certificates of Deposit (see page 4)
Commercial Banks
Colorado Investment Pools
Money Market Funds
Total
Percentage of Portfolio in Savings & Loans
U.S. Government Securities (see page 5)
Government Agency Seurities -Piper Jaffray
FNMA'S, GNMA'S, FHLMC'S & SBA'S -Dana
Total
Total Portfolio
Maturing Within 12 Months
Maturing Within 24 Months
Maturing After 24 Months
12/31/OS
Investments 12312005
2005
Balances Percentage
12/31 /OS of Total
$1,649,743 4.54%
$3,352,926 9.23%
$25,433,327 69.98%
$184,268 0.51
$30,620,265 84.26%
0.00%
$4,020,717 11.06%
$1,701,019 4.68%
$°5,721,736 15.74%
$36,342,001 100%
$32,282,330 88.83%
$1,016,789 2.80%
$3,042,883 8.37%
Page 2
$36,342,001 100.00%
Money Market Funds
as of 12/31/05
For the Month of December 2005
Institution Balances
Type of Accounts High Low Average 12/31/OS
COMMERCIAL BANK ACCOUNTS
First Bank of Vail -Operating
Interest
Balance
Total Commercial Bank Accounts '
2.660% 2.560% 2.6.10%
$5,034,138 $2,096,675 $3,222,028
$3,352,926
LOCAL GOVERNMENT INVESTMENT POOLS
Colotrust General Fund
Interest
Balance
Total Local Government Investment .Pools Accounts
MONEY MARKET FUNDS
Schwab Institutional Money Market Fund -Dana Investments
Interest
Balance
Vail Super Now Public Funds Account -Piper Jaffray
Interest
Balance
Total Money Market Funds
Total All Accounts
12/31 /OS Page 3
Investments 12312005
$3,352,926
4.090%
$25,433,327
1.000%
$105,912 .
3.400%
$78,356
$184,268
$28,970,522
e
Certificates of Deposit
as of
12/31/05
Bank Name, Location Days to
Rates Purchase Maturity Maturity Maturity
Ins Coupon Yield Date Date at Purchase Value
-------------- -------------- -----
Weststar Bank, Vail Colorado
FDIC 2.810% 2.850% 1-Apr-OS 31-Mar-07
Alpine Bank, Vail Colorado (#19750)
FDIC 3.639% 3.700% 7-Sep-04 7-Sep-08
Alpine Bank, Vail Colorado (#19751)
FDIC 2.570% 2.600% 4-Sep-04 7-Sep-O6
Avg Yield 2.890%
12/31/05
Page 4
729 $549,197
1461 $523,220
733 $577,326
$1,649,743
e
Investments 12312005
r
Government Securities
• as of 12/31/05
Days/Yeazs
• Int Rate Purchase Maturity to Maturity Market
Agency Broker Coupon Yield Date Date at Purchase Value
***Federal Agency Discount Notes & Bonds***
FHLMC 8X2-ZC-2 Piper Jaffray 2.000% 2.578% 1-Dec-04 23-Feb-06 1.2 $264,020
FHLB 3MV-HK-2 Piper Jaffray 2.500% 1.647% 2-Jun-03 15-Maz-06 2.8 $119,484
FNMA 6F5-SX-0 Piper Jaffray 2.300% 2.652% 1-Dec-04 28-Apr-06 1.4 $263,039
FHLB 39X-LA-O Piper Jaffray 2.220% 2.220% 23-Jun-03 23-Jun-06 3.0 $118,632
FHLB 3X9-TY-6 Piper Jaffray 3.100% 3.100% 1-Dec-04 30-Jun-06 1.6 $263,013
FHLB39X-LF-9 Piper Jaffray 2.110% 2..110% 25-Jun-03 25-Sep-06 3.3 $117,804
FHLB 39X-LS-1 Piper Jaffray 2.400% 2.400% 26-Jun-03 26-Dec-06 3:5 $117,252
FHLB 3X9-TP-5 Piper Jaffray 3.345% 3.345% 1-Dec-04 28-Dec-06 2.1 $261,370
FHLB39X-KZ-6 Piper Jaffray 2.400% 2.400% 19-Jun-03 19-Jun-07 4.0 $120,888
FHLB 3X9-TW-0 Piper Jaffray 3.670% 3.670% 1-Dec-04 29-Jun-07 2.6 $260,813
FHLMC 4A4-RH-9 Piper Jaffray 3.500% 2.200% 2-Jun-03 15-Sep-07 4.3 $122,579
FFCB 31T-FG-1 Piper Jaffray 3.375% 2.200% 2-Sep-04 24-Sep-07 3.1 $97,750
FHLB 3X5-UR-7 Piper Jaffray 3.050% 3.050% 30-Mar-04 26-Maz-07 3.0 $145,620
FHLB39X-G7-3 Piper Jaffray 2.580% 2.580% 20-Jun-03 20-Dec-07 4.5 $120,025
FHLB 39X-G4-0 Piper Jaffray .3.050% 3.050% 26-Jun-03 26-Maz-08 4.8 $120,425
FHLB 3X6-GL-4 Piper Jaffray 3.570% 3.499% 2-Sep-04 28-Apr-08 3.7 $92,559
FNMA 58C-S4-9 Piper Jaffray 3.125% 3.125% 30-Nov-04 15-May-08 3.5 $268,875
FICO 71D-I{B-8 Piper Jaffray 0.000% 4.276% 21-Jul-OS 6-May-08 2.8 $220,888
FHLB 39X-LH-S Piper Jaffray 3.000% 3.000% 18-Jun-03 18-Jun-08 5.0 $119,988
FHLMC 8X3-WB-5 Piper Jaffray 4.000% 4.000% 2-Sep-04 29-Sep-O8 4.1 $196,108
FNMA 58C-6U-5 Piper Jaffray 3.296% 3.296% 1-Dec-04 15-Nov-08 4.0 $262,524
FNMA 6F6-CY-3 Piper Jaffray 4.300% 4.300% 2-Sep-04 28-Sep-09 5.1 $97,990
FFCB 3lS-TD-S Piper Jaffray 4.650% 4.382% 22-Jul-OS 5-Apr-10 4.7 $249,075
Average Yield
Interest Rate
Agency Broker Coupon Yield
***FNMA'S, ARM'S & SBA'S***
3.59% $4,020,717
Days/Years
Purchase Maturity to Maturity Market
Date Date at Purchase Value
SBA 503819V-Q Pooled -Dana 5.520% 1-Jul-97 25-Feb-11 13.7 $11,845
SBA 500463V-Q Pooled -Dana 4.625% 1-Aug-88 25-Jan-13 24.5 $4,311
SBA 502640V-Q Pooled -Dana 5.225% 1-Jun-94 25-Jun-19 25.1 $16,763
SBA 502647V-Q Pooled -Dana . 5.475% 1-Jul-94 25-Jun-19 25.0 $14,124
SBA 504417V-Q Pooled -Dana 5.000% 1-Feb-99 25-Feb-24 25.1 $13,228
SBA 505536V-M Pooled -Dana 4.875% 1-Aug-01 25-Jun-26 24.9 $65,277
GNMA 8417 Pooled -Dana 4.625% 1-Oct-88 20-Oct-18 30.1. $9,709
GNMA 8703 Pooled -Dana 3.750% 1-Sep-95 20-Sep-25 30.1 $2,577
GNMA 8720 Pooled -Dana 4.625% 30-Sep-95 20-Oct-25 30.1 $2,677
GNMA 8788 Pooled -Dana 3.375% 1-Jan-96 20-Jan-26 30.1 $2,533
GNMA 80426 Pooled -Dana 3.500% 21-Jul-00 20-Jul-30 30.0 $37,626
GNMA 80593 Pooled -Dana 3.375% 1-Apr-02 20-Apr-32 30.1 $28,186
GNMA 80710 Pooled -Dana 3.500% 1-Jul-03 20-Jul-33 30.1 $45,170
GNMA 831137 Pooled -Dana 3.000% 1-Dec-03 20-Nov-33 30.0 $54,063
FNMA 555921. Pooled -Dana 3.749% 1-Oct-03 1-Sep-35 31.9 $87,387
FNMA 422251 Pooled -Dana 5.311% 1-Dec-95 1-Jan-21 25.1 $153,223
FNMA 334439 Pooled -Dana 4.876% 1-Dec-95 1-Apr-24 28.4 $7,995
FNMA 520790 Pooled -Dana 4.520% 1-Jun-00 1-Apr-28 27.9 $11,497
FNMA 546468 Pooled -Dana 3.905% 24-May-00 1-Jun-28 28.0 $12;206
Investments 12312005 Page 5
Government Securities
as of 12/31/05
Agency
FNMA 535326
FNMA 323798
FNMA 527140
FNMA 576517
FNMA 567875
FNMA 593941
FNMA 545057
FNMA 605415
FNMA 650970
FNMA 709092
FNMA 723661
FNMA 761737
FNMA 725462
FNMA 791573
FNMA 555624
FNMA 735967
FNMA 557073
FNMA 110540
FNMA 327446
FHLMC 775572
FHLMC 865469
FHLMC 610416
FHLMC 755344
FHLMC 645235
FHLMC 846784
FHLMC 786867
FHLMC 846956
FHLMC 847166
FHLMC 847359
FHLMC 865006
FHLMC 865127
FHLMC 865476
FHLMC 865663
FHLMC 765114
FHLMC 847427
FHLMC 611384
FHLB B4B8
Accrued Interest
Income Receivable
Int Rate
Broker .Coupon
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana .
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Pooled -Dana
Purchase
Yield Date
3.598% 26-Jun-00
3.859% 1-Dec-99
4.250% i-Dec-99
4.006% 1-Mar-O1
4.206% 1-Dec-00
4.139% 1-Dec-O1
4.834% 1-May-O1
5.229% 1-Aug-O1
3.468% 1-Aug-O1
3.301% 1-Jun-03
3.128% 1-Jul=03
3.715% 16-May-OS
3.819% 1-Apr-04
2.698% 1-Jul-04
3.515% 1-Jun-03
3.823% 1-Sep-OS
3.077% 1-Sep-00
5.433% 1-Nov-90
4.927% 1-Oct-95
3.697% 1-Sep-94
5.870% 1-Dec-95
3.490% 1-Mar-96
3.721 % 1-May-00
4.590% 1-Jul-00
3.673% ]-Jul-00
3.839% 1-Nov-99
4.103% 1-Nov-O1
3.726% 1-Jul-03
3.803% 1-Dec-04
6.685% 1-Feb-89
6.096% 1-Aug-89
5.282% 1-Apr-96
5.703% 1-Nov-00
6.331 % 1-Mar-99
5.131% 1-Jul-OS
4.218% 11-Feb-OS
3.409% 12-Aug-05
Days/Years
Maturity to Maturity
Date at Purchase
1-Jun-28 28.0
1-May-29 29.4
1-Dec-29 30.0
1-Feb-30 28.9
1-Sep-30 29.8'
1-Dec-30 29.0
1-May-31 30.0
1-Aug-31• 30.0
1-Jul-32 30.9
1-Jun-33 30.0
1-Jul-33 30.0
1-Dec-33 28.6
1-Jan-34 29.8
1-Aug-34 30.1
1-Mar-38 34.8
1-Mar-38 32.5
1-Jun-40 39.8
1-May-20 29.5
1-Aug-22 26.9
1-Jun-24 29.8
1-Aug-25 29.7
1-Mar-26 • 30.0
1-Maz-28 27.9
1-Maz-29 28.7
1-May-29 28.9
1-Aug-29 29.8
1-Nov-31 30.0
1-Aug-33 30.1
1-Dec-34 30.0
1-Aug-18 29.5
1-Maz-19 29.6
1-Feb-36 39.9
1-Feb-30 29.3
1-Jan-18 18.9
1-Sep-34 29.2
1-Dec-32 27.8
23-Mar-07 1.6
Market
Value
$18,269
$9,308
$1,815
$8,748
$15,491
$32,804
$9,018
$35,731
$14,912
$57,261
$44,329
$102,253
$39,600
$47,241
$48,745
$88,143
$19,723
$12,125
$10,157
$36,274
$3,859
$483
$16,398
$2,942
$9,066
$23,796
$9,238
$44,375
$71,537
$3,453
$3,070
$1,912
$3,b90
$8,460
$64,500
$44,379
$149,115
$6,243
$2,159
Average Yield
3.59% $1,701,019
Total $5,721,736
Investments 12312005 Page b
,RED SANDSTONE.ELEMENTARY SCHOOL LEASE
BETWEEN
EAGLE COUNTY SCHOOL DISTRICT RE-SOJ AND THE TOWN OF VAIL
1. PARTIES. The parties to this Lease are the TOWN OF VAIL, COLORADO (Town),
a Colorado municipal corporation, and EAGLE COUNTY SCHOOL DISTRICT RE-50J
(District), a governmental subdivision of the State of Colorado.
2. PURPOSE AND AUTHORITY. The parties enter into this Lease for the benefit of the
District for the education of persons within their respective jurisdictions. Article XX, Section 6,
and Article XIV, Section 18 of the Constitution of the State of Colorado, Sections 29-1-203 and
22-32-110, Colorado Revised Statutes, and Sections 13.1 and 13.3 of the Charter of the Town of
Vail, Colorado, grant to the parties the right to-enter into this Lease.
3. PREMISES. The Town hereby leases to the District the surface rights for the property
described in EXHIBIT A (Premises), situated in the Town of Vail, Colorado, referred to as the
Red Sandstone Elementary School and Playground (School).
4. PLAYGROUND LEASE. The Town and the District entered into a separate Lease
Agreement, dated August 8, 1990 for certain property adjoining the School, to be used by the
District as a playground ("Playground"), attached as EXHIBIT B. The parties hereby
incorporate the Playground with the Premises and subject to all of the terms and conditions set
forth in this Lease. In addition, the following terms and conditions shall also apply:
4.1. Use. The Playground shall always be used solely as a playground.
4.2. Additional Improvements. The District shall not construct or place any
additional improvements on the Playground, other than the existing swing set, without the
Town's prior written approval. .Such approval shall not be unreasonably delayed or
withheld.
4.3. Open Space. Remaining areas shall be sodded and left as open space.
4.4. Removal of Equipment. Upon termination of this Lease, the District shall
surrender the Playground in clean and good condition, including all equipment or
improvements thereon.
4.5. Maintenance. The District shall keep the Playground free of waste at all times
and maintain in a clean and orderly condition, including any sidewalks, bike paths or
public rights of way and shall further be responsible for the care, upkeep and compliance
with regulation of the playground equipment. The Town shall have no duty of
maintenance or repair with respect to the Playground premises and equipment or any
improvements thereon.
5. COVENANT OF QUIET ENJOYMENT. The Town warrants that it owns the real
property described in EXHIBIT A in fee simple; that the property is clear and clear of all liens
and encumbrances; and that it has the full right and authority to enter into this Lease. The Town
warrants that the District shall.enjoy the possession and use of the Premises in peace and without
disturbance or interference.
6. TERM OF LEASE AND OPTIONS TO RENEW. This Lease shall commence on
July 1, 2005 and shall continue for a period of 30 years, ending June. 30,2035. Provided that the
School is in good, tenantable condition on June 30, 2035 the District has the right to renew this
Lease under the same terms and conditions set forth in this Lease for an additiona130-year term,
commencing on July 1 of 2035 and ending June 30, 2065, then an additional 25 years, ending
June 30, 2090, for a total of 85 years. If the District erects a new school building during any
renewal term, then the District shall have the further right to renew for two additional terms of 40
years each, commencing on the first day following the expiration of the term in which the new
school building-is erected. The District shall provide 90-days prior written notice to Town of its
intent to renew the Lease at the end of the term.
7. RENT. The District shall pay rent of $300.00 or $10.00 per year due and payable on
July 1, 2005 for the initial 30-year term. For each renewal term entered into by the parties, the
District shall pay the full rental amount of $200.00 in advance, for each 20-year renewal term.
Rent shall be due on July 1 of the first year of each renewal term.
8. OBLIGATIONS OF THE DISTRICT.
8.1. Use Restriction. The District shall.use the Premises only for school, recreational
and/or community purposes. In the event the District persists in using the Premises for a
purpose other than school, recreational, and/or community purposes in violation of this
Lease, the Town may terminate this Lease for good cause during any term hereof by
giving prior written notice of the violation. The District shall then cease using the
Premises for the remainder of the term and any renewal term of the Lease.
8.2. Abandonment. If the District ceases to operate a public school on the Premises
for a period of 36 consecutive months during any term hereof, such cessation shall create
a presumption that the District has abandoned its leasehold interest under this Lease and
that the Town may terminate this Lease because of said abandonment. The presumption
of abandonment is subject to being rebutted by the District. In the event the District
ceases permanently to use the Premises for school purposes or abandons its leasehold
interest through cessation of use as stated above as determined by the agreement of the
parties or the final judgment of a court of competent jurisdiction, the Town may
terminate this Lease during any term hereof by giving written notice thereof to the
District.
8.3. Right to Cure. Upon receipt of a notice of violation or presumption of
abandonment, the District shall have the right to cure such violation within 30 days of
such notice before the Town may terminate the District's leasehold interest for violation
or initiate a civil action in the District Court for Eagle County, Colorado following
compliance with the requirements of paragraph 20 below.
8.4. Purchase of Improvements. If this Lease is terminated by either party at a time
prior to 6 months preceding the end of any term hereof, the Town shall have the first right
and option to purchase any or all improvements erected on the Premises by the District at
their appraised value as of that time, at the end of any renewal term or at a time within 6
2
months preceding the end of any renewal term. If the Town has not exercised its option
to purchase the improvements, the District or its successor shall remove any and all
improvements that it may have erected on the Premises and restore said premises to
essentially the same condition which existed at the inception of this Lease. If such
improvements cannot be separated from the Premises, said improvements may be given
to the Town by the District or its successor.
9. LIABILITY INSURANCE. To the extent permitted by law, the District shall indemnify
and keep harmless the Town from any and all losses, damages, charges or claims resulting from
personal injury, death or property damages that may arise from the District's negligence_under or
relating to this Lease.
9.1 The District shall place and maintain at all times, at its sole expense, a general
liability insurance policy with respect to the Premises in which the limits of liability shall
be not less two million dollars ($2,000,000) .for each occurrence and with an annual
aggregate coverage of not less than five million dollars ($5,000,000).
9.2 All general liability_insurance required of the District shall include the Town as an
additional insured and shall include_a provision requiring the insurer to endeavor to give
the Town thirty (30) days' notice prior to cancellation.
9.3 Certificates of insurance issued by the insurer shall be filed by the District with
the Town within 60 days after the date of this Lease is executed by the District.
10. PROPERTY INSURANCE. The District shall obtain and maintain during the term of
the Lease and any renewal period, property insurance in an amount equal to or greater than the
current appraised value of the school buildings and other improvements on the Premises to insure
said improvements with respect to fire, flood, and other typical local hazards, and certificates of
such insurance issued by the insurer shall be filed by the District with the Town within 60 days
after the date of this Lease. The District agrees that if any or all of said improvements are
damaged or destroyed, said damage shall be promptly repaired or replacement improvements
promptly erected on the Premises by the District, applying thereto any insurance payments
received by it; provided, however, that if said damage or destruction exceeds 50% of the current
appraised value of said improvements, the District shall be required to repair or replace said
improvements only in the event it is reasonable at that time for it to continue operating a school ;
on the Premises. "
11. UTILITIES. The District shall be responsible for all utilities fiarnished for the Premises.
12. MAINTENANCE. The District shall keep and maintain the Premises, including
improvements and vegetation, in a good, clean and healthful condition, making repairs as
necessary at its sole cost and expense; provided, however, that the Town shall be responsible for
snow removal for the Premises, with the exception of the sidewalks and stairs located in front of
the school, the upper ramp from the playground to the parking circle, and all asphalt west of the
parking circle, which shall remain the responsibility of the District.
e - -- -
13. IMPROVEMENTS. The District may, at its option and at its sole cost and expense, at
any time and from time to time, make such alterations, changes, replacements, improvements
and- additions to the Premises and the buildings and improvements thereon as it may deem
desirable, including the demolition of any building, improvement, and/or structure that now or
hereafter may be situate or erected on the Premises, provided that the use of the Premises as a
school site is not thereby permanently terminated or abandoned, nor curtailed for a period of time
longer than reasonably required to effect such alterations,- changes, replacements, improvements,
or additions.
14. COMMUNITY USE OF PREMISES. The District agrees to permit community use of
the school building or buildings and improvements on the Premises in accordance with the
provisions of Section 22-32-110, Colorado Revised Statutes. It is understood that no use by
community organizations will be approved by the District if such use unreasonably interferes
with the District's use, or if its continuance interferes with the District's use, or if the District's
use is impaired or adversely affected thereby. If the District, in its sole discretion, determines
that it is beyond its power under said statute to permit such use, the District shall not permit such
use. The District agrees that it will permit community organizations the use of such buildings
and improvements without distinction as to the geographical affiliation or origin of the user
community organization, so long as such user organization is affiliated with or has its origin in
the District or a municipality located within the boundaries of the District. The District shall
keep the Premises, including improvements, open to reasonable public use at all times during the
original term and any additional term of this Lease, except that such use may be limited in the
event of damage to the Premises or other conditions that in the reasonable decision of the District
render usage of the Premises impracticable.
15. RIGIIT OF INGRESS AND EGRESS. The District shall provide adequate access
throughout the Premises for school, recreational, and community purposes, and thereafter keep
and maintain said access in good condition during the original term and any additional terms of
this Lease, making repairs as necessary. The Town and the District acknowledge that the
occupant of the adjacent property, the Vail Gymnastics Center, shares use of the access road on
the Premises as shown in EXHIBIT A. The District grants the Vail Gymnastics Center the right
to use .the road for ingress and egress. This right of use shall be more specifically defined and
subject to such terms and conditions as agreed by the parties to this Lease in a separate inter-
governmental agreement.
16. DAMAGES TO PROPERTY. In the event the school building or buildings are
destroyed or damaged by fire, flood, or other casualty so as to be rendered untenantable,
cessation of their use by the District for a reasonable time shall not be deemed to be an
abandonment of its leasehold interest under this Lease,. provided that the District, within a
reasonable time, informs the Town that it shall repair or replace said buildings and that said
repairs or replacement are in fact made in accordance with the terms hereof.
17. LIENS. The District shall not suffer or permit a lien to be asserted or filed against the
Premises arising out of its operations or activities. If a lien is asserted or filed against the
Premises, the District shall promptly cause the lien to be removed. Upon failure to do so, 'the
Town may satisfy and cause the lien to be removed and the District agrees to reimburse the
Town on demand for the costs and expenses of any such proceeding.
4
c
18. CONSULTATION. The parties acknowledge -that, over the term of this Lease issues
may arise concerning implementation of this Lease that the parties have not now contemplated.
Recognizing that a high level of cooperation between the parties is necessary and desirable, the
parties agree to consult with each other from time to time concerning this Lease. The parties
further agree that their respective representatives will meet to conduct such consultation upon 10
days written request given. by one party to the other party. In addition, each party shall from time
to time designate in writing such party's "contact person" for all matters involving the
administration of this Lease.
19. ALTERNATIVE DISPUTE RESOLUTION. In the event that any dispute or claim
arising under this Lease is not settled pursuant to the consultation provisions set forth in the
preceding paragraph, a party may notify the other in writing of its desire to attempt to resolve
such dispute or claim through mediation conducted under the auspices of the Judicial Arbiter
Group (JAG) of Denver, Colorado. If JAG is no longer in existence or impractical as agreed to
by the parties, then mediation shall occur under another recognized established mediation service
within the State of Colorado. Such mediation shall be conducted within 60 days following either
party's written request. If such claim or dispute is not settled through mediation, then either
party may initiate a civil action in the District Court for Eagle County, Colorado.
20. NOTICES. Any notice required or permitted by this Lease shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified or registered mail,
postage and fees prepaid, addressed to the party to whom such notice is intended to be given at
the address set forth on the signature page below, or at such other address as has been previously
furnished in writing to the other party or parties. Such notice shall be deemed to have been given
when deposited in the U.S. Mail.
21. DEFAULT AND/OR TERMINATION. All terms and conditions of this Lease are
considered material. In the event that either party defaults in the performance of any of the
covenants or agreements to be kept, done or performed by and under the requirements of this
Lease, the non-defaulting party shall give the defaulting party 30 days written notice of such
default, and if the defaulting party fails, neglects or refuses for a period of more than 30 days
thereafter to make good or perform the default, then the non-defaulting party, without further
notice, rnay, in addition to any other remedies available to it, terminate all rights and privileges
granted in this Lease and this Lease shall be of no further force or effect. If the non-defaulting
party elects to treat this Lease as being in full force and effect, the non-defaulting party shall
have the right to an action for damages.
22. WAIVER OF BREACH. The waiver by any party to this Lease of a breach of any term
or provision of this Lease shall not operate or be construed as a waiver of any subsequent breach
by any party.
23.. ASSIGNMENT. Neither party to this Lease shall transfer or assign any interest in the
Premises without first obtaining the written consent of the other party.
24. SEVERABILITY. If any provision of this Lease or its application is finally determined
to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be
5
B
deemed to be severable, and all other provisions of this Lease shall remain fully enforceable, and
this Lease shall be interpreted in all respects as if such provisions were omitted.
25. EXHIBITS. All exhibits referred to in this Lease are, by this reference, incorporated in
this Lease for all purposes.
26. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for
convenience and reference, and are not intended in any way to define, limit, or describe the
scope or intent of this Lease.
27. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any
additional documents, and to take any additional action necessary to carry out this Lease.
28. INTEGRATION AND AMENDMENT. This Lease represents the .entire agreement
between the parties and there are no oral or collateral agreements or understandings. This Lease
maybe amended only by an instrument in writing signed by the parties.
29. SUPERSEDES PRIOR LEASES. This Lease supersedes and replaces any prior leases
for the Premises between the parties, including that certain Lease of the Premises dated
September 16, 1975, and that certain -Lease Agreement for the Playground dated August 8, 1990.
30. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions or covenants
set forth in this Lease shall give or allow any claim, benefit or right of action by any third person
not a party to this Lease. Any person other than the parties to this Lease- who or which receive
services or benefits under this Lease shall be only an incidental beneficiary.
31. GOVERNING LAW. This Lease shall be deemed to have been made in the State of
Colorado, shall be construed under the laws of the State of Colorado and shall be binding upon
and inure to the benefit of the successors and assigns of the parties to this Lease.
32. IMMUNITIES PRESERVED. It is the intention of the parties that this Lease shall not
be construed as. a contractual waiver of any immunities or defenses provided by the Colorado
Governmental Immunity Act, Section 24-.10-101 and following, Colorado Revised Statutes.
33. DATE. .2006.
[SIGNATURE PAGES FOLLOW]
6
B
TOWN OF VAIL, COLORADO
By
Town Manager
75 South Frontage Road
Vail, Colorado 81657
970-479-2107
970-479-2157 (Fax)
ATTEST:
Town Clerk
STATE OF COLORADO
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on
as Town Manager, and attested to by
as Town Clerk of the Town of Vail, Colorado. Witness by hand and official seal.
Notary Public
My Commission expires:
2006, by
7
EAGLE COUNTY SCIIOOL DISTRICT RE-50J
By
President, Board of Education
P.O. Box 740 .
757 East Third Street
Eagle, Colorado 81631
970-328-6321
970-328-1004 (Fax)
ATTEST:
Secretary, Board of Education
STATE OF COLORADO
~ ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on 2006, by
as President, and attested to by ,
as Secretary of the Board of Education of the Eagle County School District RE-SOJ..Witness my
hand and official seal.
Notary Public
My Commission expires:
8
Ctx ~. ~ . o ~ ~uK. ~
Year
Roll Forward 2005
Cap
Cap Heat
Rett
Total Budgets
East Meadow Drive Phase 1/2 West Meadow Drive Streetscape Budgets
2005 2006 2007 2008
Original submittal $
Boiler Room and phase 2 Boiler $
Revised Contract $
Other Partner Total Contributions
Dev Contributions Signed DIAs $
.Private Property Owners $
Crossroads pending DIA $
Sub total other Parties $
Town of Vail Construction Cost $
Roll Forward from previous year $
Town of Vail Streetscape Budgets 05-06 $
Revised budget $
2005 work to pay in 2006 $
Design Costs $
Construction Cost $
Project Contingency $
Construction Administration $
Construction Testing $
Construction Public Relations $
Snow removal $
Temporary Asphalt $
Potholing $
Owner provided materials $
Street Furniture $
o Remaining Dollars $
424360
25000
449360
phase 1
3,953,611
334,500
4,288,111
580,000
850,000
1,100;000
2,530,000
1,758,111
350,000
2,890,000
3,240,000
275,000
125,000
1,758,111
550,000
425,000
50,000
75,000
35,000
35,000
10,000
78,000
100,000
(276,111)
900000 950000 1320000
965000 1025000 1080000
1025000 800000 2400000
2890000 2775000 4800000
Phase 2 West Meadow
1700000 2050000
1700000 2050000
200000
675000
675000 200000
1025000 1850000
-277000 534000
2775000 2424000
2498000 2958000
150000 125000
1025000 1850000
350000 350000
150000 235000
30000 50000
50000 35000
20000
25000
8000 15000
56000 120000
100000 75000
$ 534,000 $ 103,000
.. ... .. ._ .. _. ~.. _. .q.. »--...
r.. , ...
_.__..._ .... ... _ .. 6
Heart and
Seoul
by Rick Reilly
LYMPIC MEDALS canleadtoriCh-
es,fame or a new girlfriend.. They can
lead to a job, a life or an appearance
on the Today show. But Toby Dawson
hopes his leads to something else-
hisbirth parents.
Left on the front stoop of a police station as a toddler
and then placed in an orphanage in Seoul, Toby was
adopted at age three by two Vail ski instructors, Deb and
Mike Dawson. They had him skiing by four. He was beat-
ingthem down the mountain by nine.
In those days he never thought about being the only
Asian kid in powder-white Vail. Never wondered who when
his blood parents might be. Never wanted to know, even
though his brother, K.C.-also adopted-flew to Seoul T0~3y DdWSOri
10 years ago and met his. Toby hated hearing about that shredded ~Ie
meeting. The man in Korea wanted K.C. to call him fa- r~n
they. Nuh-uh. No way.'
Whether it was fear of the unlrnown or love of his ~r~-`-°~ J' ~e
adopted parents, Dawson showed no curiosity about COUISC
the subject. Didn't ever go by his Korean middle name-
Soo Chul. Complained when his pazents dragged him to ~~~ maybe
Korean Heritage Camp. Didn't want to be anything h!S bi1~h
other than "a blond-haired; blue-eyed regular Ameri- mOt~ler ~~
can kid;' he says. "All I cared about was skiing:'
Problem was, Toby (Awesome) Dawson got too good. hun fOr ~le
Started winning World Cup events in the freestyle fiI St {1ri2e ~
moguls. Pretty soon the planet started noticing him. And ~~~ ~latl
people sure as hell noticed he wasn't blond-haired and
blue-eyed. ~ ~ y~~•
I'm your father, Koreans e-mailed. I'm your mother.
I'm your cousin.
And Dawson's response was always the same: Get bent
"I think he was blocking it out; says Deb. "Which was too bad. Because his dream was
the Olympics, but mine was that the Olympics would be how he'd find his pazents."
Then something happened. Asked to return to the Korean Heritage Camp he so
hated as a kid, he went and discovered something within himself. Suddenly he want-
ed to know who he was. "There was such a buzz with the kids there; he recalls. "A lot
of them had already found their birth parents. Some of the stories were amazing."
One of the stories he heard was my daughter's.
We adopted Rae at four months, and she was the anti-Toby. She thought constantly
about her birth mother, who had to be a princess. Or a movie star.
So when she was 11, we flew to Seoul, even though we were told that her birth moth-
erwould not meet with us. Unwed, she'd sneaked away at 16 to have the baby, and only
RIFFS. ofj.
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Exclusively on Verizon
Wireless V CAST and.
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her sister knew She was married now, with
three kids, and she dared not be discov-
ered.And yet-the interpreter told us-not
a day went by that she didn't think of Rae.
Finally, she agreed to 30 stolen minutes,
in a coffee shop two hours from her home.
We waited three hours. Rae looked heart-
sick Finally, a cellphone rang. She'd meet
us in the alley. And suddenly, there she
was, tiny and white-faced. She climbed
into our van. She looked at everybody but
Rae. She said she had 10 minutes.
"Rae; I said, "if you have any ques-
tions for your birth mother, ask them
now." Rae took out a folded piece of paper
we didn't know she had.
Question 1. Why did you give me up?
"Great shame; the woman told the in-
terpreter, never looking at Rae. Two:
Where's my father? "Don't know." Final-
ly, ashocker. Three: When you had me,
did you get to hold me?
The birth mother hung her head. No.
And that's when the interpreter said,
"Well, you can now."
That broke the woman. She wheeled
on Rae and swallowed her in her arms
and kisses and sobs. Maybe the only peo-
ple crying harder in that van were my
wife and I. She wouldn't let Rae go. Fi-
nally, she had to. We haven't seen her
since. Rae was beaming. "It feels like it
fixed a little hole in my heart; she said.
So when Toby Dawson shredded the
Turin freestyle course last week, beating
his more ballyhooed teammate, Jeremy
Bloom (bo.~y page 68), and winning a stun-
ningbronze, his picture ran in nearly every
South Korean newspaper and on every TV
station. Somewhere, maybe his birth
mother has read his story and seen him
for the first time in more than 25 years,
shouting, "Oh, my God! That's my son!"
Only now, at last, Dawson is open to a
meeting. "I think it'd be cool;' he says.
"I'd like to be friends."
He's got lots of possibilities. Since win-
ning the medal, Dawson seems to have
more long-lost pazents than a PowerBall
winner. But so far, nobody's agreed to a
blood test.
I hope somebody does. I hope Dawson
makes it over this one last mogul. Because
an Olympic medal can fix a lot of things,
but not little holes in the heart. ^
~.~.:.
~~
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a6 ~@ If you have a comment for Rick Reilly, send it to reilly@siletters.com.
3. J.-1'. 6 b
VAIL VILLAGE HOMEOWNERS. ASSOCIATI
President -Alan Kosloff Secre ONE ~~~'
Lary -Ellie Caulkins Treasurer -Patrick Gramm Executive Director -Jim Lamont
Directors: Judith Berkowitz -Dolph Bridgewater -Richard Conn -Bob Galvin -Ron Langley
Eugene Mercy -Bill Morton - Trygve Myhren - Gretta Parks
To: .Mayor Slifer and Town Council
From: Alan Kosloff and Board of Directors
Date: March 21, 2006
~: Crossroads at Vail Special Development District Application
The WHA Board of Directors requested in their December 29, 20051etter to the Town of Vail that
the Town Council work to achieve compromise among the applicant, affected property owners, and
other interests to build a community consensus with respect to the review and approval: of the
proposed Crossroads Special Development District. Should the concerns of affected parties remain
unresolved, their recourse is to exercise their right to appeal the Council's decision directly to the Vail
electorate or the District Court.
The Association has, for some time, been concerned with the potential for abuse of the Special
Development District (SDD). The Association recommends that reform of development regulations
should be adopted that would lead to improved consensus and community building among the Town
of Vail's residents and property owners. The Association urges that the Town Council should initiate
as soon as possible and implement on a timely basis the following reforms.
1: Special Development District review criteria should be more specific as to expectations for
compliance with governing master plans and the degree of allowable deviation from underlying
zoning.
2. Greater emphasis should be placed upon the recommendations of master plans, as well as the
preparation and administration of master plans for all neighborhoods and service/infrastructure
functions of the community.
3. Efforts should be increased to expand public participation, notification and knowledge
concerning property owner's rights and responsibilities with respect to the review and approval
process for Special Development Districts, master planning, zoning amendments and related
matters.
4. The public hearing process should be structured so that there is a balance of opportunity for the .
applicant and parties-of-record to argue their position, both in writing and verbally, before the
public, town staff and Town Council during the application, public hearing and review
processes.
5. Exparte (inappropriate influence) provisions should apply to private contact with elected and
appointed officials both prior to and after application for development permits. Contact should
be conducted in open public session.
6. The language and justification, financial and otherwise, for Town Staff recommended
agreements of developer improvements, assessment and imposition of impact fees, the allocation
of public assets, and conditions of approval should be completed and available to the public
prior to the release of a development application for public hearing and review.
7. Zoning development standards, notification requirements, including public hearing rights and
responsibilities should be made more comprehendible to the layman. They should become less
reliant upon staff interpretation, e.g. height standards. Vague evaluation criteria should be
replaced with master plan compliance requirements.
„'~, ,.~
Y . .. ,
The Association has the following specific concerns with respect to the Crossroads SDD Developer
Improvement Agreement (DIA).
1. The length of time the DIA is effective is for the "life of the SDD." If the SDD is ever
repealed and replaced with a standard zone district, would such an action terminate the DIA?
The procedure terminating a SDD and replacing it with a standard zone district has occurred in
the Town of Vail, within recent years, on a property in the same neighborhood. It is not.
appropriate for the developer to receive a financial windfall, if the DIA is terminated within a
timeframe that does not allow the financial value of the public assets and amenities to be fully
realized:
2. The Association believes it is appropriate that the DIA contain a provision for the Crossroads
SDD to participate in a voluntary advisory Traffic Management Committee composed of
business and residential property owners sharing common traffic routes and infrastructure
facilities (parking and loading & delivery) throughout Vail Village. A similar provision has
been provided in other major projects in both Vail Village and Golden Peak. Participation is
important as the Crossroads proposal has the potential, in conjunction with an increase in the
cumulative traffic demand for Vail Village or the conduct of special events, to cause adverse
implication for two key intersections. Each of these borderline intersections have the potential
to reach capacity, resulting in undesirable traffic congestion. Traffic congestion would
adversely affect the immediate area and the resort town center as a whole.
The Association has the following specific concerns with respect to compliance with the Crossroads SDD
review criteria.
1. The difference in the deviations between the applicant's proposal and the principle underlying
zoning standards are: Height/61.9 feet, GRFA/133.6%, Site Coverage/18.6%. The proposal
fails to attain an appropriate compromise with Special Development District review criteria,
most specifically, the criterion concerning compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation. The failure
concerns those directly adjacent neighbors to the west and others in the surrounding Vail
Village neighborhood.
The repetitious roof form and the lack of sufficient low-rise structures or landscape buffers in
the foreground accentuate the verticality of the south, west, and north facades. The
architectural style and orientation overemphasizes the building's bulk and height. It creates a
visual integrity that is insensitive and incompatible with the immediate environment, to the
detriment of adjacent properties and the surrounding neighborhood.
Post Office Box 238 Vail, Colorado 81658
Telephone: (970) 827-5680 Voice MaiUFAX: (970) 827-5856
e-mail: wha(n~vail.net web site: www.vailhomeowners.com
~U1Ut~-~ ~. d~l, 6 ~
Q # 7
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March 21, 2006
Vail Town Council
Dear Council Members,
I attended February's council meeting where the vote was 4-3 in favor of Peter Knobel's
redevelopment of Crossroads. I aired my view early in the evening and wished I had
expressed myself better. I wish I had looked each of you in the eye and asked if the
amenities being offered by Mr. Knobel in exchange for gross ordinance variations are
worth it. The four who voted in favor of the project seem convinced that a building of this
magnitude is the only answer to redeveloping Crossroads. They seem blinded by the
promise of a bowling alley, movie theaters and plaza with winter ice rink. They overlook
too much and seem unconcerned by the fact that this council will set a precedent for
granting variances with ramifications long past Crossroads.
The current Crossroads re-development is too big, and the architecture ungainly. Hold
developers to a higher standard. Bigger is not better and comprises made for this
project aren't worth the price.
I regret that I cannot be at the meeting tonight. Keep Vail unique in the valley and
VOTE NO on the second ballot to approve the existing plan to re-develop
Crossroads.
Thank you for your time and hard work.
Jud Gold
Y
4977 Juniper Lane
Vail
ueveloper
_~ _ _
nt
~~ ~~'h
From: "Ann Reilly Bishop" <annreillybishop@comcast.net>
To: "'Matt Mire"' <MMire@vailgov.com>
Date: 3/20/2006 8:46:00 AM
Subject: FW: Crossroads Developer Agreement
Matt, I did not see the DIA until the 15th of March. Today is the 20th
and we have had very little time to analyize or comment. Please forward
our letter to Stan Gemmler and the Town Staff, as well as Town Council.
We would like this language included in any DIA. Thank you, Ann Reilly
Bishop, 476-4501 ji
---Original Message----
From: Deane [mailto:deane@mtnmedia.net]
Sent: Monday, March 20, 2006 7:45 AM
To: Warren Campbell
Cc: annreillybishop@comcast.net; jflamont@vail.net
Subject: Re: Crossroads Developer Agreement
On Mar 15, 2006, at 4:46 PM, Warren Campbell wrote:
Here is the DIA for Crossroads. There is a second reading of the
Ordinance to adopt the Crossroads SDD scheduled for March 21 during the
evening session.
Regards
Warren
Hi, Warren --
Attached is a PDF of a letter I am sending to Council regarding the
seeming absence in the Crossroads Developer Agreement of the matters I
raised in my letter of Council of February 7, plus a request that
Crossroads be required to have a shoring agreement with us (on the
advice of the attorney whom we used in our shoring agreement with Prado
and whom we will use in the Crossroads situation).
I regret that I have been quite tied up with business out of state and
have not been able to keep on top of the Crossroads situation in person.
Thank you in advance for any assistance you may be able to give us
regarding our concerns.
Deane
CC: "'Deane Hall"' <VillagelnnPlaza@MtnMedia.net>, <joestaufer@earthlink.net>, "Jonathan
Staufer" <jstaufer@earthlink.net>
0
Village Inn Plaza, Phase III, Condominium Association
100 East Meadow Drive, Vail, Colorado 81657
March 19, 2006
Members of the Vail Town Council
75 South Frontage Road
Vail, Colorado 81657
RE: Ordinance. for a Special Development District
to Allow for the Redevelopment of Crossroads
Dear Town Council Members:
I am writing to you as President of the Board of Village Inn
Plaza, Phase III, Condominium Association regarding the matter of
establishing a Special Development District to allow for the re-
development of Crossroads. On February 7, 2006, I submitted what
we felt was a reasonably specific letter to the Town Council
requesting three actions by .the Council if it decided to approve the
Crossroads redevelopment request on first reading..
The three actions requested were, in brief:
1. The planting of many more large conifer trees than shown in
the current plans to try to mask some of the visual .impact of the
new Crossroads from the adjacent Village Inn Plaza, Phase III,
Condominium. ~
2. The inclusion of a large recirculating water cascade in an
attractive "pocket park" which would not only be a visually
attractive feature for everyone but would also help to mask man-made
sounds in the close space between the new Crossroads and Village Inn
Plaza during the warmer months when the cascade would operate.
3. Substantial sanctions against the developer of Crossroads
for any loss of or damage to trees and shrubs on adjacent Village
Inn Plaza property during construction of Crossroads:
r
{
E
i
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f
3 RE:. Crossroads Redevelopment, 3/19/06
page 2
From the comments of many individual members of Council at the
meeting on February 7, we had the clear impression that our request
for the protection of the large, mature trees and shrubs along our
joint property line, the the inclusion of a cascade water feature as
the signature part of park-like landscaping between Village Inn
Plaza, Phase III, and the redeveloped Crossroads, and the planting of
more conifer trees than shown on the Crossroads landscaping plan had
wide support on Council. We do not see these items having been
covered in the Crossroads Development Agreement or elsewhere.
We urgently request your assistance in assuring that the
following are part of any approval for the redevelopment of
Crossroads:
1. Up to twenty (20) large evergreen trees (20' in height) will
either be relocated or planted new in the area between the
Association's building and the new Crossroads building, subject to
direction on the exact location provided by the Association.
Continued maintenance of these trees shall be the responsibility of
the property owner on whose property the trees are planted. The new
or relocated trees shall have a two year guarantee.
2. A private pocket 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 including a large recirculating water cascade or
stream (.Similar in style .and flow to the cascading stream in the Rock
Alpine Garden of Betty Ford Alpine Gardens. The cascade should be
designed not only to be a visually attractive feature but also to
help to mask man-made sounds in the close space between the new
Crossroads and Village Inn Plaza during the warmer months - it should
run from May to October. The water cascade should be entirely on
Crossroads property and start near~the south end of the loading dock,
and continue to near the east-west walkway between Crossroads and
Village Inn Plaza. The water cascade should have appropriate
landscaping around it.), walkways, benches, and plant materials
including trees, subject to approval by the Association and the Town
of Vail. Crossroads will fund the construction of these
improvements. The individual property owners will be responsible for
continued maintenance.of the improvements. Each property owner will
maintain the improvements within his/her property.
3. The large, mature trees and shrubs on.Association property
adjacent to the joint property line with Crossroads will be fully
protected by Crossroads from the start of construction through
0
RE: Crossroads Redevelopment, 3/19/06 page 3
completion of the new Crossroads building and completion of the
landscaping between Crossroads and the Association. Crossroads shall
reimburse the Association for (a.) a survey of the health of the
trees and shrubs by a certified tree and shrub expert chosen by the
Association prior to construction and (b.) continuing monitoring of
the trees and shrubs for three years following completion of the
Crossroads building construction and the landscaping in the area
between Crossroads and ,the Association. If during this time period
it is determined that any of the trees or shrubs have been killed or
seriously damaged, then Crossroads shall be required to:
a. for each large tree (over 20 feet) killed or seriously
damaged, replace it with the largest feasible same species tree (with
a two year guarantee) and pay a penalty of $100,000.
b. for each small tree (less than 20 feet) killed or
seriously damaged, replace it with a tree of the same size and type
(with a two year guarantee) and pay a penalty of $15,000.
c. for each shrub killed or seriously damaged, replace it
with a shrub of the same size and type (with a two year guarantee)
and pay a penalty of $8.,000.
The funds from any penalties shall be directed equally to (1) a
special Town of Vail fund for installation of specimen trees and
shrubs in public areas of Vail Village with high visitor use and (2)
Betty Ford Alpine Gardens for installation of specimen trees and
shrubs in the Gardens in Ford Park so that they can be enjoyed by
Vail visitors and residents alike.
Please let me note that we feel very strongly that there should
be substantial penalties against the developer of Crossroads for any
loss of or noteworthy damage to our trees and shrubs caused by
construction so that it is not economically advantageous to the
developer to pay little attention to the well-being of the trees and
shrubs during construction with the expectation that he can just
replace lost or damaged trees at relatively modest cost to him. The
mature trees, particularly, absolutely cannot be replaced with ones
of like size and their demise would be a noteworthy loss not only to
us but also to the Town of Vail. We request that the time frame for
determination of loss or noteworthy damage to the trees and shrubs be
three years past construction completion since it can take quite some
time for the results of damage to show up in mature tree specimens
like those in question.
There is one more matter which we request be in included in the
approval of the Crossroads project:
4. A requirement that Crossroads have a shoring agreement with
Village Inn Plaza,, Phase III, Condominium Association (all reasonable
RE: Crossroads Redevelopment, 3/19/06
page 4
and usual costs associated with this, including engineering studies,
being borne by Crossroads) which fully protects not only our
condominium building but also the driveway on the east side of our
building which accesses our garage.
Let me thank you in advance for any assistance which you can
give us in having the above noted items included in the Crossroads
approval process. We remain willing to work with you and others to
achieve a mutually beneficial result for the new Crossroads, for our
Association, and for the Town of Vail as a whole.
Respectfully submitted,
D. Deane Hall, Jr.
President, Board of Managers
Village Inn Plaza, Phase III, Condominium Association
~~ _ ,. ~ Y_ ~ ~.-
Matt Mire Letter to editor This protect is 4 times larger than what is there I have heard NONE of you give valid reason age 1 ~
From: "DIANA DONOVAN" <dianamdonovan@msn.com>
To: 'Town Council" <Towncouncil@vailgov.com>
Date:. 3/21 /2006 8:22:45 AM
Subject: Letter to editor...This project is 4 times larger than what is there. I have heard NONE of
you give valid reasons for supporting this proposal. Very disappointing!
March 20, 2006
I continue to question why the Crossroads project is being approved when it ignores or breaks nearly
every regulation and guideline of the Town of Vail: guidelines that are applied to everyone in the best
interests of the entire Vail community.
The purpose of a special development district is to encourage flexibility and creativity. It is not to ignore
underlying zoning even if it is outdated. And it is not to give every unit a view as the developer stated to
me or to allow the tallest building in town. 12-9A-1 of the town's zoning regulations clearly states there
must be a relationship between underlying zoning and the approved development plan. There is no such
relationship in this project. Why?
Politics must only be played by council and even then is always disappointing. The recommendation from
.staff must be based on the laws on the books and must NEVER be a politically based recommendation.
Their recommendation for approval while I was on council, by their own admission, was a political
decision. The second time around, staff asked council whether to rezone the parcel (the appropriate
route) or use the special development district process thus again making it a political decision. It has
been clear from the start that the developer has avoided the rezoning process which every other major
project that I can think of has been required to do. Rezoning is the legally correct process in this case and
could have given the developer what he wanted without dividing the community. (Staff recommendations
are developed by all of the staff, not just the author of the memo. I know that staff is very divided on this
project:)
While this project was pulled from the process by the developer while he awaited the election of a more
"sympathic" council, council asked staff to review the town's height regulations, public benefit definitions,
SDDs, etc Staff ignored that direction from council. Why?
There are many configurations for the redevelopment of Crossroads. This configuration does not make
Vail better. It is a high end "condos with a view" project with the left over spaces filled in to make people
think it benefits the town. This project has changed little since it was first seen by staff. Single family
homes have proportionally greater requirements. Why?
The developer was required to "start over" once he pulled his project off the table. He made it clear
through the paper what his time frame was; a time frame that would have been impossible for every other
project in Vail. Yet staff managed to review and process his new application. just as he demanded, even
over the Christmas holidays! It was only slowed when the developer did not like the council's
requirements for the developer agreement with the town. (It is a document that puts promises into a legal
document.) Why.the preferential treatment for this project?
Why has this project been awarded six more inches per floor in height? No other project has been
allowed this although they all would have loved it. Why the preferential treatment?
This building is more than twice as tall as the One Willow Bridge Road project that is currently under
construction across the street from Crossroads! Doesn't than seem excessive? Why?
Why has little been made of the loss of a grocery store and a night club for the working class,. that the
theaters replace theaters and that the bowling alley is really just part of multiple bars? It was never
mentioned while I was on council. Why?
At the end of the day, it appears that town staff compromised their responsibilities to act in the best
,e. _._r ~--- ti.~.. ~~ w ._.._., . ~ _,.r_ ,:..~..
LM tt .ire Letter to editor This protect is 4 times large h n what is there I have heard NONE of you give valid reason age 2~ .
interests of the entire town and apply the town's laws and regulations to this project. It is clear that the
developer and his representatives dictated what they wanted and were successful in getting it. In all of my
involvement with the town, I have never seen anything like it.
Few questions have been asked by council and I don't believe there is a clear understanding of this
project because so many misrepresentations have been made. Misperceptions have not been corrected
and little effort, if any, has been made to really understand or respond to community concerns. I believe
the community as a whole will be outraged when they see what this proposal really produces.
It is sad because the redevelopment of Crossroads could have been a wonderful project that
complimented the rest of the Vail community instead of being only a conversation about bowling alleys,
theaters and a plaza.
Diana Donovan
476-2789
CC: "Matt Mire" <mmire@vailgov.com>