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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, ,... .., /r ... . , .., i...ili;3 ! ,~~3 t i. _. _, _ ., i. ) I ~. ~ l.f.t i. 7 ~ I ~. ..... ~ .r. ~ 'l~crwn ref Vail - T'ub.L.iC Wrrks Vail C'{) R)ti,S~ Atrn: C:rrc~~~`, I3arr'it~ Subject:: l..tr,id C'titiritcitti r;f k~Ristirrt~ I'ci:)t_slriiir't 13ricl~~e L~cat- Care<,~~,_. "f'hr t;xist~irtr p~tltatr•i~irn_hrrr:f~Yc lr~c~.rtc~~ ,juwt upstre;llrt t~:f the Inrern~~rirrrta3 Prit~~;t~, ~1~tt5 t~t~pi,r'tet~))_~~ ctanstructet) in tl~te )t3(~O's r~r ~lr)7t1's. ati't~ t1r'iwin~~~ de;t~r~ifirt~ Ctre. r~ri~~iri~rl iYc:ci~tn of tht~ i7r~a(:r~tis:'~d crtnerc:te d~rublc ic:e. su)iirstructtrre are. 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I~;tt7ks. I'.I: I.':'~,ihl,l''{):;lh r,~:resr~~+ni'~nce'.(7~ r,ei.lal-~(iP~.c'nc ;~ ,';;.._ t . . + ,..< a ,.. :,~; 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 hGnh T....~., 'f hr.l 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 17 evaluating the merits of the proposed SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: On January 4, 2006, Staff went before the Town Council to discuss two options regarding the review of the new Crossroads development submittal. Staff was recommending that the Commercial Service 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. 18 .The Crossroads development site is located along the north side of East Meadow Drive across from Village Center. An attached vicinity map has been provided for reference (Attachment A). The development site is adjoined on the north by the South Frontage Road, on the east by Village Center Road and the Vail Village Parking Structure, on the south by East Meadow Drive and Village Center, and to the west by Vail Village Inn Phase 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 19 streetscape improvements on Village Center Drive and East Meadow Drive Staff believes the proposed deviations have been balanced. Area of Proposed Public Plaza: 24,130 s,f. CSC Allowable GRFA %: .40 Amount of GRFA: 9,652 s.f. Number of Developable Stories: x3.5 Square Footage of GRFA: 33,782 s.f. Amount of GRFA in Setbacks: -13;693 s.f. Remaining GRFA of Public Plaza: 20,089 s,f. Amount of GRFA on 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 21 foot 6 inch floor plate is appropriate for properties located within the scope of the Vail Village Master Plan. Staff has generally accepted an 11 foot floor-to-floor building plate on previous projects located within the scope of the Vail Village Master Plan such as the Tivoli Lodge and the Manor Vail Lodge (the PEC voted to adopt 11 foot 6 inch floor to floor in Lionshead as a part of the Lionshead Redevelopment Master Plan). In addition, it has been previously determined that a roof structure is at an appropriate size when it is 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 27 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan"land use category.. Pursuant to the Plan, the "Vail Village Master Plan" land use category description, "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Village Master Plan study addressed this area 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 29 Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition of accessible greenspace as described orgraphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goal #5: Increase and improve the capacity, 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. 30 Policy 5.4.2: Medians and right-of-ways shall be landscaped. .Goal #6: To ensure the continued improvement of the vital operational elements of the Village. . Objective 6.9: 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 31 Road within the East Meadow Drive -Willow Bridge Road to Vail Valley Drive portion of the Town of Vail Streetscape Master Plan. The Plan identifies the following problems with the existing conditions within this sub-area: • The need to separate buses from pedestrians; • The need to provide a more comfortable shopping experience; • The need to restrict unnecessary vehicular traffic; • The need to maintain access to existing lodge units; and • The need to screen parking and accommodate loading and 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 32 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. 33 The applicants are proposing to implement the recommendations of the Town of Vail Streetscape Master Plan. According to the Plan, the Crossroads development site is located in the East Meadow Drive -Willow Bridge Road to Vail Valley Drive Sub Area. The details of the goals in this sub area are identified earlier in this section. The primary goal of the East Meadow Drive -Willow Bridge Road to Vail Valley Drive .Sub Area is to provide an effective and safe, pedestrian system, while accommodating vehicle and bicycle traffic. The applicant has proposed to install pavers and heat tubing in the right-of- way of Village Center Road and East Meadow Drive. The proposed heat tubing could eventually be connected to .the Town's boilers in the parking structure or elsewhere in the area. The applicant has proposed the narrowing of Village Center Road as the Streetscape Master Plan identified to discourage vehicular traffic and make the pedestrian more pleasant and safer. In addition, the applicant has proposed a large plaza with an ice skating ring located within it which would be coordinated in design with the intersection of East Meadow Drive and Willow Bridge Road..The proposed plaza would be heated as well and connected to boilers in the Crossroads development. As identified earlier in this section the applicant has proposed a 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 34 subterranean structure which has access off of the narrowed Village Center Road. The proposal includes several items which will help make East Meadow Drive and Willow Bridge Road more pedestrian friendly such as paver colors and treatments and narrowed roads. Neither street is intended to be pedestrian-only. Staff believes that the proposed application. complies with this criterion. C. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, two general types of improvements adjacent to the walkways are considered: 1. Open space and landscaping, berms, grass, flowers and tree planting as a soft, colorful framework linkage along pedestrian routes; and plazas and park greenspaces as open nodes and focal points along those routes. 2. Infill commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to give streetlife and visual interest, as attractions at key locations along pedestrian routes. It is not. intended to enclose all Village streets with buildings as in the core areas. Nor is it desirable to leave pedestrian streets in the open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both -built and landscaped, which create a strong framework for pedestrian walks, .as well as visual interest and activity. Staff Response: The applicants are proposing to improve and enhance the streetscape framework along Village Center Road and East Meadow Drive. To this end, a plan has been proposed that incorporates narrowed streets, pavers with differing colors and patterns and a large plaza within the proposed development. Staff believes the proposed. plaza could be very positive for the community. Since the 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. 37 ,. G. VIEWS AND FOCAL POINTS Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains, ski slopes, creeks and other natural features are reminders to our visitors of the mountain environment and, _by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors in the Village have been adopted as part of Chapter 18.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhausted. When evaluating a development proposal, priority should be given to an analysis of the 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 G _ f ' - .- J{ r ~ ~ ~ Crossroads Proposed New Special Dedelopment,District #39, '' '~`a - _. ,~ Text Amendment and Conditional `Use ..Permit Re nests ~~E~.- 'x 1, - _ y . :., . q. . ,. r. ~. ... Planning anal Environmental Commission -January 23, 2006 - .: - ~ _ . - _ - - ~-~-->- ~ 1 i, -, _ t - I ~ T _ T ~~ _ , - ~ ~4 ~ 'L ~+, ~ ifs v .'_ t L "'~ ` ~~ ~ 1 },; , .~ _ vti,_ ~ _. 1 ~i- .f er -~: - -- ~ r ~~t. a. s r .~ \ ~ L7 ~ f. 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'.,_~,t'.-~ _t.tl ~.-~~ r~-T.f"; ~ {; It. `-" - ~r --iJ~y .l`~8 r~ ~, .,~r. ~ ~, -Y`f-~, y~'f ` < r 3;`z~. ~_ ,r ql~'. ~, * i 3 rr p~ -w _ L' ~ w. ~ ~ f ~'3 ~.. 1f ~.- t y'~~,~_,~~,-r-r-- - ~~~:',~_._,.., .~.fe. -~,:f ~':~:,~;;~~,~{"-,~, `~ ~~ ..,~)' $y.'a~'~ "~i F~'~ ~ ,1-.,1.i?, L' -- :1%~ ~~ 3 `. .t_ ,r~ .L,'~_~„~..11`8t' -'-L• -~ -Y! ® 50 0 50 Feet a - . . This map was ueated by the Town of Vail GIS Departmem. Use of Nis map stwuld be for general purposes only. 1 " - 100' The Town of Vail does rrot warram Ne accuragof the information contained herein. ` (parcel line work is approximate) =~~~ -u - ~, ~ ~ a - - -- - _~ - ~ - -- ~ ,C m ~ _ ~~ .cam- ~~~~- -~- ~~~ ,= - \~~~,-= ~, ~~ LEGEND' ii a---------_ =~s'~~~. 3.4 MAXIMUM RANGE OF BULDING HEIGHT IN STORIES YYYttt ~~_ ' A building story is tlaflned es 9 teat al height ~~' ~ ' Ino root irxhrdedl. Enact height restrictions ~ }' _ will ba Oetermined by zoNng. Var{ad robt heights (g.~ within range specified V desired for each building ' `a~' DENOTES EXISTING OR APPROVED BUILDINGS WMCH M•...• DO NOT CONFORM TD THE CONCEPTUAL BUILDING - HEIGHT PLAN SHADING DENOTES AREAS OF SIM0.AR HEIGHT , , ~ r~` \ , ,c ~. - ~' _, \~ ~. ~ y ~ ! ,-. \ J~~ at\ ~/~ '/ ~~ . fir.. r`: ~:: :~.:._ ::: :: - . ems--, J_ f -- -- ir'' _ ,.-/lam ti~ --~.•~~"' /-` J"-- _!. . _ ~ \~\ '~ j~,; ~ ~ /i.-~ Jai =~ ~- ~ -~'~~.~a~°. ~''p,~~ CONCEPTUAL BUILDING ~\\\\~~~~ :°A~ _J_ ref / ~~~ ~~-ate l , i"'rn Y ~_~r~r~ ~•r n~ w ~ 1 VAIL VILLAGE PLAN 1 1 I ~Z '-_ - -' D ~- D TI F~ ...:- ,., m I' T X111 ril~a 1 y y~ •l-1` LEGEND ® MIXED USE MEDIUM/FOGH DENSITY RESIDENTIAL LOW DENSITY gESIDENTIAI .... _ .. .. :::::::: v:: •:• ...::::• w :::::::::::::. : . 4~~ ~ ::::::...:.... L ~~ ~vnK` ~~ ,~ ~ PP "~ ~ J. , ~ \ ,~ ~--s-~.'-•~~ ~ - _ III ,. \. `-~ ••.~ 1 ~ ~ ~ - 3 ~. ~ -1 I ~ ~ ~,F~ 1 ~ ~~ 1 1 s ~ -<-9 1 f ~ ~ , ~ ~~~ ~ _ ~~ ~-~ - - r ,---~ _--- ~~ -=~-.~ ` ~` 1, it ~ ~~ ~° ---------_~ - ~ ~. LAND USE PLAN _~ i I ~R r ~o~ f• PUBLIC FACRRY/PARKING ~y 1 ~,••~:'~ • 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. 7a ~ T 7 h -" R~VCQ ~ r ~ GTl~6Jj fxC~ ~'~1 RT~C~7R~ I~~. ~i ~7T~ C- T OTTTI~J G~ R1T~Y j CYC~M 1 ff 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 Y /JJOSTON~sra~-93ar~ ~I `3 it r+Fi_~@? _ ^T+' .i, _ _ ~a ~ I..-:, ___ __.- ~.j ~_ t ,PHASE' y \: 931 Z 3 - .' 6&5 1 ~ JN . ~ ~.q. i.. B8] .095 89J ~1 __~ ~ ~ l~ R 'r _~]c.~.ul ~ivt 5' pyp ~~ 'MSE V 3~ _. s 3 c~ .Q . - IN~~ ~~^ ~ 504 1 ~ ~ 2llON53QiAD mIdE /~ ~ ' ' w'ENLAN ete t rRncTC aoE .?t r`7' F.' < s~~~ D B ,JO~ ~-i .I J 3 f k THE ~\ '~r,~ _ ~ ~CpRD VA145PA Z,. 0 ~~,OPf SNERC6 ~~_ ., 'I ] - 531 ; ~ ~~ ~ r +ti U mIOE ~ I '' LIONSHEAD 5 - _ ~ ~ ~ BA ~l .xA r I I / I I 4 I-~cCENTER `. 52a 4 _. ~ -,.- ~~ \ I '_~ -~-'-f 1 ,. MARR10 , .T C ~ ~_ /~ yam` ~ \ WCA L MARK ~ ,. 7,11 b `~f ~~ .. llONS - •""~- ~ UNPWTi ED ~ ~... _._ ~ LJ' .- ~~ 4,~TRA CTO _ _ ~_ _ H ' ~ ~ LIB Sc UAF ~ _ ~ _ WEST. 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Transition Area (03/21 /06) •.~ ~~o~ ~~~~ ~~~ p0~~ o ~~o~f~o~~ ~~~~I ~~~ ~~~~ ~~~ Vail Land Use Plan -Revised Land Use. Plan Map ~o~~ .ONE -~s~.~ n~ ~-^r °`~"~y~. _ 1, ~ _"x 5a .~'.~.",~~Jj~;, /' ~ / I llJ. 4 '~ ~ 1' Sg9'!I _1 a - c:~ 'i - - - ~ ~~ _ - L `} ~ `` le _ F~ 2,.' 3, ~3r D - G i . . . ~ wf„~ vrr ~ . . ~ _. A _ .,... .._ ~ ...n ~ • %~~ ~ NTAGe _ •~ _ t,~~ .. r ~W E .~Y s ~xr - ~E! ~ '~ l C ~- V ~ { ~ _ . ~ . ,, eo-:. ., _. A i,. 1 -_ ~ ~ /~"^'" _ 725 3 I ~. 'VA ~ ~ / ~ ~ a ~ f l ~ 1 ~( - ' r[y{{.. \ ~ - c ~ ~ p~.~ /' HT' ~ , ~ L ~, k3~ha / ~ . ' r Ue ` ~,... ``/ 'f wf, i ~~~~3RCnor i - :~e1 ~3~.S~ROh7naErto ` 9(. ~ / '.~ ~(~I //' J -~ r_ ~ ~~ ~ . ~ I ,~UONSHE , ~ ~ . ~ _ ~ .. +: ~ _ i ~ R. f // // A. iron ,. ----- ~~u~T J - ,. ~.., _ _.~R _ .a ~~ >9,~~ a-„ ~ i ~ `~ Low Density Residential s T _~, a ,:, Medium Density Residential ~ ,e ,v ~ s~ .~ ~¢ Resort Accommodations and Services ,~ r~ (enlarged portion of potential revised TOV Land Use Plan Map) N W~ E s MAP NOT TO SCALE (03/21 /06) "' _ "' Lionshead Redevelopment Master Plan Community Office Open Space ~ -` Ski Base , Semi-Public Transition Area 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~,~, pee~es~,-~~el~ie~ar-aeEe~s-ibFe~~e-fr~t+te~-te~c~=-a;,d-~er-~ise ,~ 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 ( ) 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 _; . i ,' ~, (enlarged portion of Dolenlul revoed TOV Lantl Uae Plan Map) •~. MAP NOT TO SCALE (03/21/06) -- .. ~ Law Density Resitleniial -- ~ __ ~ Medium Density Resitlendel ' - - Resort Accommodations end Services - - ~ Lienahud Redw•lepm•nt Masty Plan - 4`;J Community Otfice l^~ OPen Space Ski Bese Serrti-Public 4f_,J Transition hrea 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. i3E1LLY Exclusively on Verizon Wireless V CAST and. Sl.com.. -r-=--_-~-_-------~` 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. ^ ~.~.:. ~~ !I ij >i 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 ~-~-i ~ sec e~- (~ : ifs ~, ~. . 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 e 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>