PLANNING AND ENVIRONMENTAL COMMISSION

 

 

PUBLIC MEETING

April 25, 2005

 

 

 

PROJECT ORIENTATION – Community Development Dept. PUBLIC WELCOME 12:00 pm

MEMBERS PRESENT MEMBERS ABSENT

Anne Fehlner-Gunion (Left at 4:30)

David Viele

Chas Bernhardt

Doug Cahill

George Lamb

Rollie Kjesbo

Bill Jewitt

Site Visits:

1. D’Agostino Residence – 971 Spraddle Creek Road

2. Crossroads - 141 and 143 Meadow Drive

Driver: George

Public Hearing – Town Council Chambers 2:00 pm

1. Swearing in of Chas Bernhardt, by Lorelei Donaldson, Town Clerk

2. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat Review Procedures, Vail Town Code, to allow for an amendment to an existing platted building envelope, located at 971 Spraddle Creek Road/Lot 8, Spraddle Creek Subdivision, and setting forth details in regard thereto.

Applicant: Franco D’Agostino, represented by Zehren & Associates

Planner: Matt Gennett

ACTION: Tabled to May 9, 2005

MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 7-0-0

3. 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; a request for a text amendment to Section 12-2-2, Definitions, Vail Town Code, pursuant to Section 12-3- 7, Amendment, to add a definition for bowling alley; a request for a text amendment to Section 12- 7E-4, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment, to add bowling alleys as a conditional use; and requests for conditional use permits to allow for the construction of an outdoor operation of the accessory uses as set forth in Section 12-7E-5 (ice skating rink); a major arcade to include indoor entertainment; a theater, meeting rooms, and convention facilities; multiple-family dwellings and lodges; and a private club to allow for the establishment of a for sale parking club, pursuant to Section 12-7E-4, Vail Town Code, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.

Applicant: Crossroads East One, LLC, represented by Mauriello Planning Group

Planner: Warren Campbell

 

Adoption of SDD No. 39

ACTION: Forward a recommendation of approval with conditions

MOTION: George Lamb SECOND: Chas Bernhardt VOTE: 7-0-0

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.

That the approval of the conditional use permits and text amendments are not valid unless an ordinance approving the associated special development district amendment request is approved on second reading.

 

The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department.

 

The Developer shall submit a revised site and landscape plan indicating a larger landscape island located at the porte cochere entry to the proposed building for review and approval by the Design Review Board.

 

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.

 

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. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view.

 

The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board.

 

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 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.

 

The Developer shall addresses 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 April 22, 2005, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project.

 

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 $345,000. The construction of the South Frontage Road improvements by the Developer, as indicated on the Crossroads Public Improvements Plan, shall satisfy this requirement.

 

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.

 

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.

 

The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of five (5) 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 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.

 

The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site.

 

Text Amendments

ACTION: Approve proposed text amendments

MOTION: Rollie Kjesbo SECOND: Bill Jewitt VOTE: 6-0-1 (Gunion absent)

Conditional Use Permits

ACTION: Approve with condition

MOTION: Rollie Kjesbo SECOND: Chas Bernhardt VOTE: 5-1-1 (Lamb opposed, Gunion absent)

 

1. The applicant shall not condominiumize and sell fee-simple the 92 parking spaces to be included in the private parking club. A program which establishes a maximum of a yearly lease membership for the spaces shall be implemented.

Warren Campbell gave a power point presentation per the staff memorandum and pursuant to the applicant’s proposal which summarized the key points of the changes from last iteration to the latest one as seen today. The presentation made comparisons between the subject proposal, what is allowed under existing zoning, and requirements of the various Master Plans.

Jeff Winston made a presentation which compared and contrasted building bulk and mass of the proposed structure and neighboring structures.

Warren Campbell followed up with comments related to the applicant’s request to implement a new standard of 11 feet 6 inch, currently the standard is 11 feet, floor-plate height and how they will affect allowable roof heights.

Dominic Mauriello, on behalf of the applicant, started that he had nothing further to add to the presentations by staff and Jeff Winston.

Doug Cahill asked about the applicant’s progress with CDOT and an access permit.

Dominic Mauriello made a brief answer stating that they had been in preliminary contact with CDOT.

Brian Wachs of Blue Sky Mortgage and a resident of the community commended staff and applicant on the public plaza as a space in which to gather was a need of the community.

Ann Bishop, representing the 29 owners of Phase III of Vail Village Inn, acknowledged the positive changes made thus far, but still had concerns with how the proposed building related to her client’s building and the "Great Wall", which will face their building. She added that there should be a greater stepping down on the northwest corner and an effort made to make it look more like a series of smaller building, rather than one huge wall.

Joe Staufer, resident and property owner in Vail Village Inn, handed out a petition signed by concerned residents, visitors, and second homeowners dated from November 2004, which he forgot to make a part of the record at the last hearing in December. Mr. Staufer spoke to the issues of his project when he developed Vail Village Inn he was required to do one and two floor development along East Meadow Drive and he felt this development should be made to do the same. He added that he did not believe that land uses such as a bowling alley, theater, and ice skating rink would bring people back to Vail. He stated, that in order to bring people back to Vail, accommodation units and time shares need to be created as is the case in the Vail Plaza Hotel. He continued be adding that the employee housing should be located on the site. The purchase of existing units and deed restricting them only removed housing from stock which currently exists and does not add to the existing housing stock. He concluded by stating the proposed structure was humungous and need to step down more on the western end of the building.

Rick Scalpello, resident and representative of the East Meadow Drive Business Association, stated that a majority of the members were in favor of this project. Developers have a right to develop their land and neighbors never want to see change. He concluded by stating that it was important to nail down the construction schedule for this property as adjacent properties need to plan for the impacts accordingly.

Stan Cope, manager of the Vail Mountain Lodge, stated that a project, such as Crossroads, can operated successfully as a hospitality building by building in incentives.

Jim Lamont representing the Vail Village Homeowners Association, stated that if there are any absolutes in the world, it is that change will happen, absolutely. The changes we’re seeing today are evidence of Vail being able to handle and respond to progress. I see progress being made, but not a commitment being made. Consistently, we have heard traffic engineers identify concerns with traffic and circulation on the South Frontage. He added that what is good for VA to give in terms of cash for Frontage Road improvements is the extent of what other projects should give and it needs to be consistent across the board. More dollars need to be put into that South Frontage Road and when it becomes appropriate to put in a roundabout, this developer needs to commit to putting dollars toward its construction. He concluded by stating that the Commission should "bounce the ball" to Council.

Doug Cahill, questioned Jim Lamont on how he would suggest the proposed project be reviewed in order to balance what is proposed in terms of public benefits with other projects and what is being proposed here?

Jim Lamont stated that public benefits need to be standardize in order for review to be equitable across the board. These numbers also need to be known publicly. If you are saying GRFA is a development right, it should not be taken away. He stated that he thought staff’s analysis showing the displacement of GRFA by the plaza in comparison to the GRFA in the setbacks and over the Master Plan’s recommendation on height was a good example. There is a basic, intrinsic property right in place which should be equitable among all developers and property owners.

Dominic Mauriello replied that the proposal has mitigated the traffic impacts throughout the site as the traffic study shows no overall loss in service at the intersection of Village Center Road and East Meadow Drive, and the public benefits work toward this as well. He added that this proposal has taken public benefit to the next level which other developers have not done. Vail Resorts runs the biggest ski resort in North America and it is not just their developments but the skier traffic they are mitigating as well, which is much greater, hence their contribution of extensive improvements to the South Frontage Road West. In terms of employee housing, we are using a formula accepted by the Town.

Ann Bishop added that she thought that the project would not add to the overall experience of Vail.

Ann Gunion stated that felt that the project complied, overall, with the goals outlined in the Master Plans. The consideration of factors regarding SDD development was the issue with which she felt most uncomfortable. She added that the height of the building was well-explained by the presentation that Jeff Winston gave. I hope that we will always have a mix of old and new within Vail. I am glad to hear that the applicant agreed with all of staff’s conditions. I want to stress the importance of CDOT approval prior to construction or any further progress of the project. In regard to the rental program, the Council should study the process that was applied to Manor Vail. The encroachment into the western setback may impede redevelopment of the neighboring property because of building code requirements. She concluded that a she may have to leave prior to any votes and if she wasn’t present for the vote, she would support approval, with conditions of the project.

David Viele stated that having been a long-time resident and growing up within the Town, he understood Mr. Stauffer’s comments regarding the Town and its development. However, this project is in keeping with others approved within Vail and the precedence has been set. He added, that there is still much to do regarding design, which will be left up to the DRB. The importance of CDOT approval is paramount. I want to caution Council regarding the precedent that is set through approval with this project in regards to height. The Town should consider a height moratorium in conjunction with this proposal as subsequent projects will continue to ask for greater heights. He concluded by stating that developers have a right to develop their land subject to the Community’s regulations of which this project complies.

Chas Bernhardt stated that in spite of the archaic underlying zoning of Commercial Service Center, this area is suitable for denser and taller development, according to the Master Plans. I am looking forward to seeing a great project.

Bill Jewitt stated that the 11 feet 6 inch floor plate was a good idea and thought that the project would be a good use of space along the Frontage Road. The new development incorporating theaters, shopping and a bowling alley could be equally as big a draw as the mountain. The quality of the retail spaces could determine who visits the Town multiple times. This would be an enormous step in making the Town fun again.

Rollie Kjesbo stated that he thought the applicant had done a good job of bringing the building into conformance with the regulations. I am still worried about the concept of circulation and would recommend that Council scrutinize the idea of a possible round-about at Village Center Road. He concluded by also recommending that Council should look at the rental program that was applied in the case of Manor Vail and applying a version of that program on this project.

George Lamb stated that his only remaining concern was that the southwest corner should step down a bit more, though it has already been somewhat addressed. I think that it is very important for the extra 92 spaces to remain flexible in use. The spaces could be granted as a club, but the success of the commercial should be weighed and studied and the spaces may be re-assigned as necessary. The concept of a real estate office on the first floor was not a problem for a limited period of time so long as the use only sold properties on the site and ceased once all property in the project was sold. He added that he supported the pay-in-lieu option regarding employee housing units, and would discourage the idea of buying random properties and deed restricting such properties. He suggested that Council study this issue well. He continued by stating that he had a problem with the increased floor plate height (It is this concern that Mr. Lamb identified as his reason for voting in opposition to the motion to approve the conditional use permits associated with the project). The amount of glazing on the building seems excessive as well, though that is a Design Review Board issue. A public use agreement for the plaza between the developer and the Town of Vail should be in place before the project is finalized. The CDOT approval should have been obtained prior to this time or in conjunction with this application. He concluded by stating that the public plaza was very important and the analysis of staff depicted the offset of getting the plaza in this project.

Doug Cahill stated that the project had changed substantially and the efforts applied deserve thanks. He continued by stating that the project complies with the Master Plans. He believed the plaza would be a great amenity and the transfer of development rights, therefore locating the building within the setbacks and over the Master Plan recommendation for height, makes the project work. The CDOT access and associated circulation issues absolutely must be resolved for the project to continue, preferable tied to the building permit. The Council must see that the CDOT approval comes in the form of blanket approval or at least a letter of intention. Regarding employee housing, the 30% bar should be raised for pre-existing non conforming uses in this regard.

As a part of the motion to forward a recommendation of approval for adopting SDD No. 39, the Commission wanted to recommend that the Council pay close attention to the proposed rental program and look at establishing a way of comparing a proposed SDD project to its proposed benefits on a dollar for dollar basis in order to insure greater uniformity in applying the criteria of the SDD approval process.

 

4. A request for a final review of a text amendment, pursuant to Section 12-3-7, Amendments, Vail Town Code, to allow for an amendment to Section 12-21-14, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to increase the amount of allowable site coverage on lots with excessive slopes from 15% to 20%, and setting forth details in regard thereto.

Applicant: Helmut Reiss, represented by Isomer & Associates

Planner: Matt Gennett

ACTION: Approved

MOTION: Rollie Kjesbo SECOND: David Viele VOTE: 7-0-0

 

Matt Gennett gave a presentation per the staff memorandum and power point presentation.

 

The applicant’s representative, Steve Isomer, stated that staff has done a great job on the presentation. He suggested a sliding scale of site disturbance related to lot size. The larger the lot, the greater the amount of site disturbance permitted.

 

Anne Gunion, stated that she felt if it was site disturbance we were trying to regulate that she felt the DRB already has the ability to limit site disturbance to protect trees, etc.

 

The PEC questioned whether or not staff believed that the DRB had the teeth to limit site disturbance or if they felt it necessary to have this language. There was concern that 60% may be to restrictive. The goal is to get something as easy as possible to administer and protect steep sites. Several members did not think a limit on site disturbance was necessary.

 

No public comment.

 

 

 

5. A request for a correction to the Vail Land Use Plan to designate the Lionshead Redevelopment Master Plan Area and an amendment to the Lionshead Redevelopment Master Plan to amend, in part, Chapter 5, Vail Civic Center Detailed Plan Recommendations, and

setting forth details in regard thereto.

Applicant: Town of Vail, represented by Rick Pylman, Pylman & Associates, Inc.

Planner: Bill Gibson

ACTION: Tabled to May 9, 2005

MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 7-0-0

 

6. A request for a final review of a conditional use permit, pursuant to Section 12-9C-3,

Conditional Uses, Vail Town Code, to allow for a public convention facility and public parking

facilities and structures, located at 395 East Lionshead Circle/Lot 1, Block 2, Vail Lionshead

Filing 1, and setting forth details in regard thereto.

Applicant: Town of Vail

Planner: Bill Gibson

ACTION: Tabled to May 9, 2005

MOTION: George Lamb SECOND: Rollie Kjesbo VOTE: 7-0-0

7. Approval of April 11, 2005 minutes

MOTION: Viele SECOND: Jewitt VOTE: 6-0-1 (Gunion absent)

8. Information Update

9. Adjournment

MOTION: Bernhardt SECOND: Kjesbo VOTE: 6-0-1 (Gunion absent)

 

The applications and information about the proposals are available for public inspection during regular

office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The

public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional

information.

Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information.

Community Development Department

Published April 22, 2005, in the Vail Daily.