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HomeMy WebLinkAboutPEC050094Planning and Environmental Commisson ACTION FORM V011 11 1 - OOMNUMTY DEVELOPMENT Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: Project Description: Participants: Ctrossroa k CUPS PEC Number: PECO50094 PEC Type: CROSSROADS CUPS REDEVELOPMENT OF CROSSROADS -FINAL APPROVAL TO ALLOW BOWLING ALLEYS, TO ALLOW CONSTRUCTION OF OUTDOOR OPERATION OF ACCESSORY USES -ICE SKATING RINK, MAJOR ARCADE TO INCLUDE INDOOR ENTERTAINMENT THEATER, MEETING ROOMS, CONVENTION FACILITIES. OWNER CROSSROADS EAST ONE LLC 12/12/2005 329 MILL CREEK CIR Vail Co 81657 APPLICANT MAURIELLO PLANNING GROUP, LL12/12/2005 Phone: 970 - 748 -0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 143 E MEADOW DR VAIL 143 E MEADOW DRIVE Location: Legal Description: Lot: P Block: 5 -D Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101 - 082 - 0100 -1 Comments: See Conditions BOARD /STAFF ACTION Motion By: Rollie Kjesbo Action: APPROVED Second By: George Lamb Vote: 7 -0 -0 Date of Approval: 01/23/2006 Meeting Date: 01/23/2006 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and /or the appropriate review committee(s). Cond:300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0007832 That the developer operates the rental program for the dwellings units in accordance with the pages 18 -20 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. Cond: CON0007833 That the Planning and Environmental Commission approval of the conditional use permits become valid upon approval of an ordinance creating Special Development District No. 39, Crossroads, on second reading by Town Council. Cond: CON0007834 That the developer operates the parking club in accordance with the page 12 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. However, the developer shall not be permitted to individually condominimize the parking spaces to be sold fee - simple. , . c' Planner: Warren Campbell PEC Fee Paid: $650.00 DFr-12 -2005 08:54 Fron To:9704797511 P.4/5 TOWN OF V41fl, Department of Community Development 75 South Frontage Road, Vail. Colorado 81657 tai- 970.479.2139 fax: 570.479,2452 web: www.vailgov com General Information: All projects requiring Planning and Environmental Commi_cslon review must receive approval prior to submitting a building permit application, Please refer to the submittal requirements for the particular approval that is requested - An application for Planning and Environmental Commission review cannot he accepted until all required information is recoived by the Community Development Department. The project may also need to be reviewed by the Town Council and /or the Design Review Board- Type of Application and Fee: • Rezoning $1300 Conditional Use Permit $650 • Major'Subdrvision $1500 Ploodplain Modification $400 • Minor Subdivision $650 Minor Exterior Alteration $050 • Exemption Plat $550 Major Exterior Alteration $800 • MinorAmendmont to an SDD $1000 Development Plan $1500 • New Special Development Distrlct $6000 Amendrent to a Development Plan $250 • Major Amendment to an SDI) $6000 Zoning Cade Amendment $1300 • Major Amendment to an S00 $1250 Variance $500 (no exterior modifications) Sign Variance $200 Description of the Request: ` r - ^Eaoca.7liita w��•W5� �. - - �IP l �.��D1� _ 1X0Vi/ l 4 }'iVCl�l f �lii'lOt WlQ.�4V Q,. C &d, a " fish e- l&t t.Ll•�/Ar .rM drlGN �`tk�,.g � r�'�!` ► �f�5r�, L x VL L of the Proposal: Lot: - P Physical Address: N ae. Mi - p2,ttlg' ���q r Vn�c.� Parcel No.: 2 $ ZO Ij Do I (Contact Eagle Co. Assessor at 970 - 328 - 8640 for parcel no,) Zoning: L C..i1y A1T$7Z- O O It Name(s) of Owner(s): aoRDS crA - oryaf � 4L G, _ c rowe ; L'( Mailing Address' Owner(s) Signature(s): Name of Applicant: Phone: 4D ! - 004 Mailing Address: ON Phone: 748. 0 I 7- rj E -mall Address: t&* - � C Nt*',r URT Fax • o 7z, 1 - 7 For Office se Only: ,��( `f`t �L Fee Paid: Check No.: ` J By. Meeting Dater PEC No. i t Planner: �_ - Project No.: Page l of 5-04/01/04 Application for Review by the Planning and Environmental Commission -k ✓v► v N-i o If, f K4 i G d wt (L "-5. 06K4-4 I CAI e t a&&4 a p* ii vAR r� to to f-v a k o 0 -(vv a. - �r ep a k, pav la&t� cda 4 . TOWN OF VAIL, COLORADO Statement Statement Number: R050002150 Amount: $650.00 12/12/200502:08 PM Payment Method: Check Init: JS Notation: 1913 /CROSSROADS EAST ONE LLC Permit No: PECO50094 Type: PEC - Conditional Use Parcel No: 2101- 082 - 0100 -1 Site Address: 143 E MEADOW DR VAIL Location: 143 E MEADOW DRIVE This Payment: ACCOUNT ITEM LIST: Account Code ----------------- PV 00100003112500 Total Fees: $650.00 $650.00 Total ALL Pmts: $650.00 Balance: $0.00 Description Current Pmts - -- ------------------------ - - - - -- ------ - - - - -- PEC APPLICATION FEES 650.00 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for conditional use permits, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code to allow for, a major arcade; theater, meeting rooms, and convention facilities; multiple - family dwellings and lodges; private club (parking club); 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. (PECO5 -0094) 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 approval of six conditional use permits, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code, to allow for, a major arcade; theater, meeting rooms, and convention facilities; multiple - family dwellings and lodges; private club (parking club); 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. These conditional use permit requests are being made in conjunction with the request for establishment of Special Development District No. 39, Crossroads, which is intended to facilitate the redevelopment of the existing Crossroads. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department recommends that the Planning and Environmental Commission approves with condition(s) the applicant's conditional use permit requests. A complete summary of Staff's review is provided in Section VI 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 approval of six conditional use permits, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code. The requested conditional uses are being submitted in conjunction with the request to establish SDD No. 39, Crossroads. The conditional uses include the following: • A major arcade measuring approximately 1,200 square feet; • A theater which includes three screens and concessions measuring approximately 5,200 square feet; • Multiple - family dwellings totaling 69 units and measuring 199,830 square feet; • A private club (parking club) of 103 spaces; A bowling alley encompassing 10- lanes; and The outdoor operation of an accessory uses (ice skating rink) measuring approximately 7,000 square feet. 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 and land uses on the site shall be governed by the regulations outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. 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 Conditional Use Permit Order of Review: Generally, applications will be reviewed first by the PEC for acceptability of use and then by the DRB for compliance of proposed buildings and site planning. Planning and Environmental Commission: The PEC is responsible for final approval /denial of CUP. The Commission's decision to approve /approve with conditions /deny a conditional use permit are based upon the criteria found in Chapter 12 -16, Conditional Use Permits, Vail Town Code and conformance of the proposal with the zone district in which it is located Design Review Board: The DRB has no review authority on a CUP, but must review any accompanying DRB application. Town Council: Actions of DRB or PEC maybe appealed to the Town Council or by the Town Council. Town Council evaluates whether or not the PEC or DRB erred with approvals or denials and can uphold, uphold with modifications, or overturn the board's decision. 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 and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. V. APPLICABLE PLANNING DOCUMENTS Town of Vail Zonina Reaulations 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: 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 -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 12JE -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 Ill employee housing units (EHU) as provided in chapter 13 of this title. Chapter 12 -16: Conditional Uses Permits (in part) Section 12 -16 -1: Purpose; Limitations In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure that the location and operation of the conditional uses will be in accordance with the development objectives of the Town and will not be detrimental to other uses or properties. Where conditions cannot be devised, to achieve these objectives, applications for conditional use permits shall be denied. 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 be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision - making in achieving each of the stated 4 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 or development 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. Staff believes the following Goals and Objectives found in the Vail Village Master Plan are pertinent to this project. Goal # 1: Encourage high quality, redevelopment while preserving unique architectural scale of the Village in order to sustain its sense of community and identity. Objective 1.2: Encourage the upgrading and redevelopment of residential and commercial facilities. 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 5 entertainment for both the guest and the community shall be encouraged. 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 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. VI. CRITERIA AND FINDINGS Consideration of Factors Regarding Conditional Use Permits 1. Relationship and impact of the use on the development objectives of the Town. Multi - family Dwelling Units: The proposed project has six floors of condominiums comprising a total of 69 dwelling units. Within Section 12 -7E -1, Purpose, Vail Town Code, states: "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." The purpose statement anticipates that multiple - family uses could be located on properties zoned Commercial Service Center zone district as long as they do not interfere with the primary commercial functions of the district. Staff believes the number C* of proposed dwelling units does not interfere with the commercial nature of the zone district. There is a requirement in the Commercial Service Zone District limiting GRFA to 50% of the total floor area of a development, Section 12 -7E -9, Density Control, Vail Town Code. The GRFA requested in addition to the limit identified previously is a deviation which staff believes the public benefits within the proposal off -set. Staff would also point out that the land use plan for this site as contained in the Vail Village Master Plan does identify this site as being substantially high density multiple - family. Staff believes that this request complies with Goal #1 and Objective 1.2 of the Vail Village Master Plan as found in Section V of this memorandum. The applicant has provided a plan which they believe encourages owners of condominiums to be involved in the rental pool. According to the applicant, the key to achieving the participation in a rental pool program is to emulate the management of a fine, high quality, luxury hotel. The management program is a hospitality program above all else. On -site management and management offices are a necessity. Top level services need to be provided to renting guests and owners alike. Great service and a first class property will attract the kind of clientele that not only can afford a fine resort but will respect the property of others. Owners become proud of being part of the resort and have confidence that their asset is being well cared for while producing a painless, welcome income to offset their ownership expenses (Attachment A). The level of service to be offered by Crossroads includes daily or twice daily maid service, 24 -hour desk and concierge, bell and valet staff, local transportation service, pre - arrival activity, in -house amenities such as workout rooms, massage rooms, a lap pool, meeting rooms, and a world class lobby, ski and grocery service and premium rental equipment. An in -house maintenance staff not only quickly provides for guests needs but corrects problems in units before they become a major problem and expense to the renting owner. Owners become confident that their arrival will be hassle free and as enjoyable as a vacationing guest in spite of a renting guest occupying their unit the night before. The final piece to encourage owners to rent is creating a financial structure that rewards owners that rent. The cost sharing structure between the Homeowners' Association and the Rental Program needs to be an integrated program that equitably balances all of the services being offered to owners and renters alike. Properly and efficiently designed, owners will be financially rewarded for renting instead of carrying the service costs for all owners, as is the case in many condominium hospitality programs. Staff and the applicant have also provided a retail analysis of both Vail Village and Lionshead which we believe demonstrates that the amount of commercial space proposed to be constructed on the site does meet the purpose statement of the CSC zone district. The new Crossroads development would be approximately 18.8% (Currently 13.8 %) of the total commercial square footage in the Vail Village. The report is attached for reference (Attachment B). Private Parking Club: Staff believes that the proposal to establish a private parking club will address several of the goals and objectives established in the Vail Village Master Plan. Those goals are Goal #5 and Objective 5.1 as identified in Section V of this memorandum. Staff believes the parking club could have a positive effect on the parking issues the Town faces through out the year by providing an opportunity for individuals to lease or purchase spaces and therefore not be parking in the Vail Village or Lionshead parking structures. The proposal no longer identifies the parking club as a public benefit but as a public amenity which has indirect benefit to the community. Staff has attached a portion of the submitted materials which address the operation of the parking club (Attachment C). Meeting Rooms, Movie Theaters, Major Arcade, outdoor operation of an accessory use (ice skating rink),and Bowling Alley: The Vail Comprehensive Plan identifies the need to make the Village a more vibrant and economically viable location. Goal #2 of the Vail Village Master Plan, which is detailed in Section V of this memorandum, is positively addressed by these requested uses. 2. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities needs. Multi- family Dwelling Units: A great majority of the bulk, mass, and height of the proposed structure is generated by the six floors of condominium units. Previously staff believed that there could be some negative impacts on the neighboring residential portion of Vail Village Inn Phase III in terms of light and air as the proposed building encroached into the western setback. Since the April 24, 2005, PEC recommendation of approval several portions of the proposed structure have been reduced in height and the building has been pulled out of the western property line setback with the exception of the enclosed loading and delivery bay. This change has greatly reduced the negative impact to the Vail Village Inn Phase III. As with any development on this site, there will be shade and shadow on the adjacent properties. However, the magnitude of shade and shadow proposed is really no different on the adjacent property than if the building was constructed even a story or two shorter. Private Parking Club: Staff believes that the proposal to establish a private parking club will address several of the goals established in the Vail Village Master Plan. Those goals are Goal #5 and Objective 5.1 as identified in Section V of this memorandum. The private parking club, which is subterranean, will not have any negative impacts on the above listed criteria. Meeting Rooms, Movie Theaters, Major Arcade, outdoor operation of an accessory use (ice skating rink), and Bowling Alley: The proposed uses will add to the recreation choices of locals and guests alike. The uses will also provide year round entertainment choices. All of the uses proposed will be located in the subterranean portions of the structure except for the ice skating rink. The surface ice skating rink and the associated plaza is identified by the applicant as one reason why the building encroaches into the setbacks on a majority of the site. Reducing the size of the ice skating rink would potentially allow the building to pull in from the property lines which could improve the impacts on light and air of the current structure. 3. Effect upon traffic with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Multi - family Dwelling Units: The proposed 68 dwelling units will generate increased vehicular traffic. The payment of the traffic impact fee and the construction of roadway traffic improvements to the South Frontage Road and Village Center Road will off -set any negative impacts. Private Parking Club: The proposed 103 space parking club will generate additional vehicular traffic in the area. The payment of the traffic impact fee and the construction of roadway traffic improvements to the South Frontage Road and Village Center Road will off -set any negative impacts. Meeting Rooms, Movie Theaters, MalorArcade, outdoor operation of an accessory use (ice skating rink), and Bowling Alley: These proposed uses will generate increased vehicular traffic. The payment of the traffic impact fee and the construction of roadway traffic improvements to the South Frontage Road and Village Center Road will mitigate any negative impacts. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Multi - family Dwelling Units: The Purpose statement of the Commercial Service Center zone district identifies multiple - family dwelling units as a conditional use because the primary function of the district is commercial. It is primarily the impact of six floors of residential which give this project its bulk, mass, and height. While the applicant is proposing a building which exceeds the height limits in the Vail Village Master Plan this is caused by the 11 foot 6 inch floor plates proposed and the taller floor plate in the commercial floors to accommodate stadium seated theaters and a bowling alley. If the Commission agrees that the 11 foot 6 inch floor plate is acceptable staff believes the proposal complies with this criterion. Private Parking Club: The proposed parking club is located within a completely subterranean structure. The subterranean nature of the parking club has no negative impacts on neighboring uses. Meeting Rooms, Movie Theaters, Maior Arcade, outdoor operation of an accessory use (ice skating rink), and Bowling Alley: These proposed uses are located in the subterranean, except for the ice skating rink, portions of the structure and have little impact on the visible portions of the upper portions of the structure. The surface ice skating rink and the associated plaza is identified by the applicant as one reason why the building encroaches into the setbacks on a majority of the site. Staff and the applicant have performed an analysis which depicts that the increased height and encroachments into setbacks are indeed created by the public plaza containing the ice rink as the amount of development potentially lost by establishing the public plaza is on the same scale as the height deviations and setback encroachments proposed within the project. 0 B. The Planning and Environmental Commission shall make the following findings before granting a conditional use permit: That the proposed location of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the Commercial Service Center Zone District. 2. That the proposed location of the use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of the conditional use permit section of the zoning code. VII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission approves with condition(s) the applicant's request for six conditional use permits, pursuant to Section 12 -7E -4, Conditional Uses, Vail Town Code to allow for a, major arcade; theater, meeting rooms, and convention facilities; multiple - family dwellings and lodges; private club (103 space parking club); 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. Staff's recommendation of approval is based upon the review of the criteria described in Section VI of this memo and the evidence and testimony presented. Should the Planning and Environmental Commission choose to approve the applicant's request, staff recommends that the following condition(s) be made as part of a motion: That the developer operates the parking club and rental program for the dwellings units in accordance with the pages 12 and 18 -20 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendment, and Conditional Use Permit document dated December 12, 2005, and the approved Developer Improvement Agreement which will be agreed upon by Town Council and the developer. 2. That the Planning and Environmental Commission approval of the conditional use permits become valid upon approval of an ordinance creating Special Development District No. 39, Crossroads, on second reading by Town Council. Should the Planning and Environmental Commission choose to approve the applicant's request, staff recommends that the following findings be made as part of a motion: That the proposed locations of the use is in accordance with the purposes of the conditional use permit section of the zoning code and the purposes of the district in which the site is located. 2. That the proposed locations of the use and the conditions under which it would be operated or maintained would not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. ffel 3. That the proposed use would comply with each of the applicable provisions of the conditional use permit section of the zoning code. VIII. ATTACHMENTS A. Proposed Rental Program B. Retail Analysis of the Village C. Parking Club Program D. Public Notification 11 Sidewalks - The applicant proposes to design and construct sidewalks (w' ( owmelt) along the Crossroads frontage of Village Center Road and Slerating ontage d as shown on the proposed plan. The applicant will assume the cost of s w melting these sidewalks. All sidewalk maintenance will be e respo bility of the Town. 4. Streetsc a Improvements - The applicant proposes to d gn and construct the streetscape i rovements located outside of the Crossroa property as shown on the public imp vement plan. The applicant also prop o s to design and install the snowmelt system ithin the public right -of -way. Th own of Vail will be responsible for the oing operation of the snow t system and shall provide its own heat source for t system. A portion of th treetscape improvements are within an area of respon ility of the Swiss C et /One Willow Place project. The One Willow Place pro ct shall be resp sible for paying its required share of these streetscape improveme Some ar of streetscape improvements encroach upon adjacent properties. If th own tains permission for these streetscape improvements on these propertie C ssroads will fund and construct these improvements as indicated in the 5. Crossroads Plaza - The ap icant wi onstruct all of the plaza and streetscape improvements shown on t rossroads p erty. This plaza will contain a snowmelt system operate and maintained b e applicant. The plaza and ice rink will be open to public ess. 6. Art In Public Aces - Upon approval of the Cro oads project by the Town of Vail, the app ' an wll work with the AIPP board t stablish a public art program for Crossroads project. Some of the public improvements may be in the for other streetscape improvements already indi ted in the public improve nt plan (i.e., paver material and design, benches, er features, light fixtur etc.). The applicant proposes to fund at least $1.1 in p lic art R. Condominium Rental Program Intent: The condominium rental program is being developed by input and direction from Stan Cope who has more than 30 years of experience with successful rental programs. The rental program is focused on three main goals, which have proven successful for Stan at the Lodge Tower, as well as numerous other high quality, tourist oriented properties: 1. Owner asset management; 2. Owner rental income; and 3. Owner's personal usage and satisfaction. Crossroads Redevelopment Mauriello Planning Group, LLC 18 Attachment: A When these three goals can be achieved, condo owners in a large condominium projects will rent units voluntarily. Currently, 75% of the units in the Lodge Tower rent and the renting owners yield 63% of the gross rental revenue. In summary, the key to achieving the above goals is to emulate the management of a fine, high quality, luxury hotel. The management program is a hospitality program above all else. On -site management and management offices are a necessity. Top level services need to be provided to renting guests and owners alike. Great service and a first class property will attract the kind of clientele that not only can afford a fine resort but will respect the property of others. Owners become proud of being part of the resort and have confidence that their asset is being well cared for while producing a painless, welcome income to off -set their ownership expenses. The level of service to be offered includes daily or twice daily maid service, 24 -hour desk and concierge, bell and valet staff, local transportation service, pre - arrival activity, ski and grocery service and premium rental equipment. An in -house maintenance staff not only quickly provides for guests needs but corrects problems in units before they become a major problem and expense to the renting owner. Owners become confident that their arrival will be hassle free and as enjoyable as a vacationing guest in spite of a renting guest occupying their unit the night before. The final piece to encourage owners to rent is creating a financial structure that strongly rewards owners that rent. The cost sharing structure between the Homeowners' Association and the Rental Program needs to be an integrated program that equitably balances all of the services being offered to owners and renters alike. Properly and efficiently designed, owners will be financially rewarded for renting instead of carrying the service costs for all owners, as is the case in many condominium hospitality programs. Strategies for successful asset and rental management: Client asset management. Condo owners are reluctant to rent their homes if they perceive that their asset is at risk from damage, theft, or other property degradation. When there is proper staffing to allow for daily inspections of property and proper assurance of damage replacement, condo owners feel more comfortable renting their homes. Crossroads will employ an adequate staff to insure proper property supervision and inspection to the highest level of quality. Daily maid service is made available to owners and automatically provided for guests in order to provide convenient service to the guests as well as a supervision mechanism for the management of the property. If the k property is managed at the highest level of quality then owners feel comfortable Crossroads Redevelopment 19 Mauriello Planning Group, LLC allowing their asset to be utilized. Crossroads plans to manage the property at the highest level of quality with 24 -hour on -site management, security, and client services. 2. Client rental income. Condominium management can be an expensive non - deductible expense for condo owners. The Crossroads rental program will be structured similar to that of the Lodge Tower where the overall condominium ownership expense can easily be offset by the income generated by the rental program. Additionally, condominium owners can expect net rental income reaching 63% of the total revenues from renting one's condominium. 3. Personal usage and satisfaction. Probably the most important aspect of a rental program is flexibility. Some owners will purchase a condominium in Vail for personal use as a higher priority to rental income. Having ones home available when one wants to use it is extremely important to the success of a rental program. An owner does not want to feel trapped by committing to certain days or weeks. To create flexibility owners are asked to set aside dates they think they may be in Vail and dates they know they will not. Owners are able to check back frequently with changes to schedules. Additionally, management staff stays in close contact with owners when bookings are being made to make sure the owners usage is not being infringed upon. Based on Stan's experience working at the Lodge Tower, we believe that at least 50 of the 70 proposed condominiums will be successfully rented. This exceeds the predictions utilized in the revenue analysis prepared by Steve Thompson who assumed only 30% of the units would be rented. A more detailed management program will be developed in the coming months. Key Elements of Rental Program: • 24 hour front desk and concierge • High level of service to unit owners • Fee structure allowing those participating in rental program to offset management and maintenance fees and obtain rental income • Daily maid service available /required • Full -time management /rental staff located on -site • Food service delivery available from on -site restaurants • Full -time on -site security • Active marketing program for rental units locally and nationally • Participation in national condo rental /exchange club Crossroads Redevelopment Mauriello Planning Group, LLC 20 I :Ici Mauriello Planning Group January 12, 2006 Warren Campbell, AICP 5enlor Planner Town of Vail 75 South Frontage Road Vail, CO 81620 Re: Cro55road5 Redevelopment - Retail Area Study Dear Warren: Th15 letter shall serve a5 an update to the commercial area analy5i5 provided to you prevlou5ly on the Crossroads project (see attached analy515). I hope you will find th15 useful in your analy515 of the project. The analy515 shows that the current Cr055road5 contains approximately 13.8% of the all of the commercial Space in the Vail Village area (40,53 1 5q. ft. of a total of 293,343 5q. ft.). Upon completion of the redevelopment of Crossroads it will represent approximately 1 8.8% of the total commercial floor area in the Vail Village (approximately 58,804 5q. ft. of a total of 3 1 1 ,6 16 5q. ft.). It should be noted that the conCC551on area 15 included in these numbers but not the theaters themselves. If you have any que5tion5, please do not he5ltate to call me. 51ncerely, r �� , • Dominic F. Mauriello, AICP Principal PO Box 1127 ■Avon, CO 81620.Office: 970 - 748 - 0920 ■Fax: 970 - 748 - 0377 ■Cell: 970 -376- 3318■mauriello@comcast.net Attachment: B a r4 • Summary of Vail Village :Retail Analysis .... ............................... Complex Retail SF A &D Tower 4,630 Bell Tower 6,950 Casino Building 3,749 Christiania 1,000 Covered Bride 8,803 Creekside 9,136 Crossroad's West 40,531 Cyro n's 5,434 Fitz. Scott Building 900 Gallery Building 5,247 Gastof Grams 14,011 Golden Peak House 6,581 Gore C reek Plaza 7,146 Hill Bui lding 8,056 Lode at Vail 17,982 Manor Vail 4,200 McBride Buildin 22,640 Mill Creek Court 3,553 One Vail Place 2,691 Plaza Lode 14,000 Red Lion Buildin 13,643 Rucksack 4,528 Sitzmark 11,929 Slifer Building 638 Sonnenalp 9,506 Vail Village Inn 44,361 Village Center 14,127 Wall Street 17,37 1 Total 293,343 • Shopping and Dining are the 2 " most attractive features of Vail for visitors • The Bavarian and Tyrolean architectural styles of buildings along with the "public- space" environment created by public art and monuments positively impacts the shopping experience for visitors. • Range of retail sales in Vail Village - $165 /sf to $1,450 /sf; Average retail sales in Vail Village - $224/sf. • Range of retail space in Vail Village - 250sfto 8,057sf; Average retail space - 1,858sf. • Art Galleries -Average Sales of $400sf • Gift Stores - Sales Range of $250sf to $400sf • Jewelry Store - Average Sales of $1000sf • Sports Retail - Average Sales of $230sf • Apparel Retail - Sales Range of $800 to $1,OOOsf + Most Leases are Five -Year Leases with only a Handful of Stores Reporting Ten -Year Leases. • Retailers report that the biggest threat to Vail is a "stale" retail environment. Retail & Restaurant Space by Use Type SF % of Total Retail - Food 11,350 4.6% Retail - Apparel 32 ,682 13.4% Retail -. Sport 60,135 24.6% Retail - Jewelry 8,951 3.6% Retail - Gallery 24,032 9.8% Retail - Other 18,196 7.4% Food & Bever es 64,092 26.2% Ni htclubs 8363 3.5 1 I/o s se # of Units/Sq. Ft. Code Ratios Total _DN[ing Units 73 1.4 102. Retail t 90% 35,326 0.0023 .25 Theaters 'n 3,397 0.006060606 20.59 Restaurant sNeQg 7,441 0.004 29.76 Bar seating 2,232 0. 8.93 Arcade /Bowlin 4,735 . 023 10.89 Tota 253.62 5% reduction N, Ao 12.68 Net Required Parkin 240.94 Parking Provided 334.00 - Parking Club Parkin 93.06 Note: Parking Calcula assumes 73 units asNworst case scenario. The parking loj 1 be operated with a fee structure tha ill allow the public to park on -site. T private parking facility will essentially free up rking within the munic' parking structures thus improving the Town's abilit accommodate skier a ail Village parking. G. Parking Club The owner of Crossroads will utilize the surplus parking spaces provided on -site as part of a parking club where parking spaces will be leased and /or sold. It is anticipated that owners within the building will purchase additional parking spaces as well as other owners of property within the area. As currently planned the parking club will utilize all of the parking not required for the planned uses on the site. Similar to other parking clubs in the Town, these parking spaces will allow persons who would have otherwise parked within the public parking structures, to park at Crossroads. The net impact will be to decrease demand on the Town's facilities. In any case, since the club spaces are in excess of the Town's requirements, the club will not impact the ability of the proposed uses to have adequate parking. and Circulation The primary vehicu s point for the project is located illage Center Road near the current curb -cu . treet alignme es, and stacking space are drastically improved over the existing co here is a porte cochere for the residential condominiums accessed e Sout e Road for dropping off and picking up of guests. ing to the traffic report pro the adjacent roads ways will still oper t in acceptable levels of service. Crossroads Redevelopment Mauriello Planning Group, LLC 12 Attachment: C THIS ITEM MA PUBL C NOTICER PROPERTY T 0 W N OffF oVi 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 Code, on January 9, 2006, at 2:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final 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. (PECO5 -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 -15, 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 District, Vail Town Code, to allow for the redevelopment of Crossroads, a mixed use o development; located at 141 and 143 Meadow Drive /Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PECO5 -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. (PECO5 -0094) Applicant: 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. (PECO5 -0095) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell Attachment: D