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HomeMy WebLinkAboutPEC070004Planning and Environmental Commisson ACTION FORM i A Department of Community Development T01W ' 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 006911M CEVEUPUM web: www.vailgay.com Project Name: CROSSROADS MAJOR AMENDMENT PEC Number: PEC070004 Project Description: Participants: FINAL APPROVAL FOR A MAJOR AMENDMENT TO AN SDD WITH NO EXTERIOR CHANGES TO ALLOW FOR AN ADDITION OF 6 UNITS OWNER CROSSROADS EAST ONE LLC 01/22/2007 329 MILL CREEK CIR Vail Co 81657 APPLICANT MAURIELLO PLANNING GROUP, 1-1-01/22/2007 Phone: 970 - 748 -0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 143 E MEADOW DR VAIL Location: 143 E MEADOW DRIVE 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: Kjesbo Action: APPROVED Second By: Jewitt Vote: 6 -0 -0 Date of Approval: 02/26/2007 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: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however, that if the Town fails to adopt the pending employee housing regulations by April 15, 2007, this Ordinance shall not apply to such development applications. Cond: CON0008742 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. Cond: CON0008743 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. Cond: CON0008744 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. Cond: CON0008745 The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. Cond: CON0008746 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. Cond: CON0008747 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. Cond: CON0008748 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. Cond: CON0008749 The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. Cond: CON0008750 The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The trip generation report prepared by Fox Higgins Transportation Group states the net peak increase is 81 trips. The Public Works Department has asked that the study be revised to address a concern regarding the trip generation for the night club in the bowling alley. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements. Cond: CON0008751 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. Cond: CON0008752 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. Cond: CON0008753 Employee Housing: Crossroads shall provide the Town deed restricted employee housing sufficient to accommodate 22 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: a one - bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three - bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four - 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 Town. 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. Cond: CON0008754 The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on -site. Planner: Warren Campbell PEC Fee Paid: $1,250.00 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 26, 2007 SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12 -9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 69 units to 75 units; located at 141 and 143 Meadow Drive /Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07 -0004) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell SUMMARY The applicants, Crossroads East One, LLC, and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12 -9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 69 units to 75 units; 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 for a major amendment to 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 applicants, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12 -9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 69 units to 75 units. Special Development District No. 39, Crossroads, was established by the Town Council on the recommendation of the Planning and Environmental Commission on March 21, 2006 to facilitate the redevelopment of the existing Crossroads site, 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 still 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 outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 69 to 75 and the retention of the incorporated five (5) lock -offs. A proposed deviation from the allowable number of dwelling units (53) which is 28 dwelling units greater; • A decrease in the proposed Gross Residential Floor Area (GRFA) from 199,830 square feet to 198,859 square feet. A proposed deviation from the allowable amount of GRFA (45,080 sq. ft.) which is 153,779 sq. ft. greater; • A decrease in the number of subsurface parking spaces from 338 to 299 (84 in excess of Town Code); • A decrease in the landscape area from 47,192 square feet to 43,316 square feet; • A relocation of the approved public restrooms located within the subterranean parking structure to the at grade plaza level in the southeast comer of the plaza; and • A decrease in retail space from 58,804 square feet to 45,160 square feet of new retail and restaurant (does not include theater and bowling alley area) space at the pedestrian level and one floor above surrounding the public plaza; A reduced copy of the floor plans and elevations dated January 15, 2007, have been attached for reference (Attachment B). A copy of the text detailing the application entitled Application for a Maior Amendment to Special Development District No. 39. Crossroads. and an amendment to the Conditional Use Permit for the Private Parking Club dated February 15, 2007, is attached for reference (Attachment C). Pursuant to Section 12 -9A -9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units), Gross Residential Floor Area (GRFA), and landscape area. 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. • On January 23, 2006, the Planning and Environmental Commission voted 5 -2 -0 (Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7 -0 -0 to approve the conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple - family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006, the Town Council on second reading of Ordinance 5, Series of 2006, voted 4 -3 -0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. IV. ROLES OF REVIEWING BOARDS Manor Amendment to a 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. 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 and 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 3 co 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 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. 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 objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. 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) 4 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 stop 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 the 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 to 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 residentiallodging 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 of infill maybe done a number of 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 Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6. 1, and 6.2. 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: 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. Article 12 -9A: Special Development (SDD) District (in part) 5 Section 12 -9A -1: Purpose: Awk 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 duality of the new development with the 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 the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, 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 12 -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. December 12, 2005 PEC Recommendation of Approval 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 %) 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. [.9 (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) January 15, 2007, Proposal The following is the zoning analysis of the currently proposed major amendments to SDD No. 39, Crossroads. 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' 0' to 19' 20' 2' (loading dock) to 25' 20' 0' to 25' 20' 0' to 150' 38' 99.9 ft. 18 units /acre 28.4 units /acre 47.5 D.U.s 75 D.U.s 46,051.6 sq. ft. (40 %) 86,346.8 sq. ft. (75 %) 198,859 sq. ft. (172.7 %) 107,772 sq. ft. (93.6 %) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80 %) (31.0 %) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20 %) (67.1%) Parking: 215 spaces 299 spaces (84 surplus spaces proposed to be in private parking club) 7 VII. SURROU NDING LAND USES AND ZONING VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12 -9 of the Town Code provides for the review of a major amendment to an established 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 quality of the new development within the 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 the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, 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." 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 Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of a major amendment to an established 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: 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and N Land Use Zoninq North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12 -9 of the Town Code provides for the review of a major amendment to an established 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 quality of the new development within the 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 the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, 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." 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 Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of a major amendment to an established 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: 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and N orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 69 to 75 and decrease the GRFA by 971 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure. The reduction in GRFA is a result of the need to provide more common area hallways for the increased number of units. There are no changes to the approved heights and setbacks of the structure. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. 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 Commercial Service Center zoning. The applicant is proposing a density of 28.4 dwelling units /acre with 198,859 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 units and 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. In the previous memorandum to the Planning and Environmental Commission staff provided an analysis of the development potential shifted from the area to be devoted to the public plaza to other portions of the site. Staff showed how the GRFA being proposed was less than possible development potential of the public plaza area in relation to the recommendations of the Vail Village Master Plan on height and density. 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 presented to the Planning and Environmental Commission on January 23, 2006, 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. That analysis showed a net new generation of employees by the Crossroads project to be six (6) employee beds. In the recommendation of approval to the Town Council the Planning and Environmental Commission placed a condition upon that recommendation to require the applicant to provide six employee beds. 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. "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 employees be provided housing by the 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) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) figure 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) 75 new units proposed @ (0.4 /unit) = 30.0 employees b) Retail and Service Commercial 36,336 sq. ft. @ (5.0/1000 sq. ft.) = 181.7 employees C) Bar / Restaurant /Arcade/Theater /Bowling 22,779 sq. ft. @ (5.0/1000 sq. ft.) = 113.9 employees 325.6 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.) = 110.6 employees 10 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. @ (2.5/1000 sq. ft.) f) Grocery 6,240 sq. ft. @ (1.5/1000 sq. ft.) = 100.0 employees 67.8 employees 6.9 employees 9.4 employees 303.5 employees 325.6 new employees - 303.5 exisitinq employees 22.1 net new employees x.30 6.63 required # beds According to the calculations above, the applicant must establish 7 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 Town or through a pay -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 a 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. In adopting SDD No. 39, Crossroads, the Town Council required the applicant to provide twelve (12) employee beds. Staff recommends that this be increased by one (1) employee bed per the increase generated by the proposed major amendment. Staff would suggest the following language be forwarded to the Town Council. Deletions are shown in stFter et reu gh and additions in bold. Employee Housing: Crossroads shall provide the Town deed restricted employee housing sufficient to accommodate 42 13 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: a one - bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants, a three - bedroom unit shall contain at least 11 1,350 sq. ft. of floor area and accommodate no more than 4 occupants, and a four - 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 Town. 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. 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 215 spaces. The applicants are proposing to provide a total of 299 spaces, all of which are to be provided in the proposed underground parking structure. The 84 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 an 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 an 84 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 84 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 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 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. In the memorandum to the Commission accompanying this major amendment, staff recommends that the developer be permitted to establish an 84 parking space private club. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. 12 D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. 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 goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, 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. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 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 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. 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. 13 According to the Official Town of Vail Land Use Plan map, the applicant's proposed AM 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 major amendment application: 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 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. As 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. 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. 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. 14 Following the review of the plans, the Public Works Department forwarded their written 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 D). 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 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 81 PM Peak Hour trips for the Crossroads project. At $6,500 per net trip this results in an impact fee of $526,500. The Public Works Department is still working out the final details of the revised traffic report with the applicant and believe the peak net trip increase may go up slightly based on a change to the way the study they have requested 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. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is still proposing a large plaza along East Meadow Drive which contains an ice skating rink in the winter and a pop jet water feature in the warmer months. The approved plaza has been reworked to address Design Review Board input since the Planning and Environmental Commission recommended approval of the establishment of SDD No. 39, Crossroads. The planter bed locations and the landscaping to be planted in each have been 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. Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. I. 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. 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 on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12 -9(A), Special Development District, Vail Town Code, 15 to allow for an increase in the number of dwelling units from 69 units to 75 units, located at 141 and 143 Meadow Drive /Lot P, Block 5D, Vail Village Filing 1. Staffs 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: Special Development District No. 39, Crossroads "That the proposal to amend 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. That the proposed gross residential floor area of 172.7% of lot area, additional twenty - eight dwelling units over allowable (at 28.4 units per acre total) 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." 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: 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 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. The Developer shall address the following conditions of approval prior to submitting a 16 building permit application (a grading permit/excavation permit shall constitute a building permit); The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the 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. 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. 7. 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 requesting a temporary certificate of occupancy or a final certificate of occupancy; 1. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The trip generation report prepared by Fox Higgins Transportation Group states the net peak increase is 81 trips. The Public Works Department has asked that the study be revised to address a concern regarding the trip generation for the night club in the bowling alley. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. 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 17 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. Employee Housing: Crossroads sh p vide the Town deed restricted employee housing sufficient to accommodate ►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: a one - bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two - bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three - bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four - 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 Town. 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. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on -site. X. ATTACHMENTS A. Vicinity Map B. Reduce plans of the proposal dated January 15, 2007 C. Application for a Maior Amendment to Special Development District No, 39, Crossroads, and an amendment to the Conditional Use Permit for the Private Parkins Club Dated February 15, 2007,Public Works memo dated January 16, 2006 D. Memo from Public Works dated January 16, 2006 E. Public Notification 18 a .'k4 > 3 0 � CO N 5 � N m Q O I — . � o r � M L- U L � � N o> F L _ O U va w M O � 0 Z o m� i l 2_ a� pJ c mew � �9 �v g� 3 E G r° 42 F' t- �i4,y`` ,.. aY z Y.� l 2_ a� pJ c mew � �9 �v g� 3 E G r° 42 50LAR15 Application for a Major Amendment to Special Development District No. 39, Crossroads, * an amendment to the Conditional Use Permit for the Private Parking Club January 2007 Amended February / 5, 2007 Submitted by Mauriello Planning Group Attachment C Owner and Consultant Directory Owner /Applicant: Peter Knobel Crossroads East One, LLC 143 East Meadow Drive Vail, CO 81 G20 Production Architect Davis Partnership 0225 Main Street, Unit C 10 1 Edwards, CO 81 G32 970 -92G -8960 Planning Mauriello Planning Group, LLC PO Box 1 127 Avon, CO 81 G20 970- 748 -0920 De5ign Architect Barnes Coy Architects PO Box 7G3 Bridgehampton, NY 1 1 932 G3 1- 537 -3555 Traffic Consultant Fox Niggin5 Transportation PO Box 1 9768 Boulder, CO 80308 -2768 303 - 589 -901 1 Construction Management English * A55oaate5, Inc. 12 Vail Road, Suite 700 Vail, CO 81 G57 970 - 479 -7500 Table of Contents I. Introduction II. Application Process III. Submittal Requirements 3 3 Ell IV. Detailed Project Description and Zoning Analysis 5 V. Public Benefits of Project 13 VI. Special Development District — Standards and Criteria 15 VII. Conditional Use Permit — Review Criteria 19 VIII. Adjacent Property Owners 21 2 Crossroads Redevelopment Mauriello Planning Group, LLC I. Introduction Ordinance No.5, 5erie5 of 2006, approved 5pecial Development Di5trict No. 39, Cro55road5 (5DD 39), to facilitate the redevelopment of Cro55road5. 5olar15 was approved for G9 dwelling unit5 and 5 attached accommodation units, totaling 199,530 5q. ft. of GRFA. At thi5 time, we are requesting a mayor amendment to 5DD 39 to allow for 75 dwelling unit5, an increa5e of G units over the previou5 approval. Thi5 will not impact GRFA, and 15 due to interior changes to meet life safety recluirement5 and interior unit conficguration5. The additional dwelling units and modification5 to the parking structure have also lead to the elimination of parking spaces, which will be removed from the parking used for the parking club. There 15 5till excess parking for the u5e5 on the 5ite. A5 a result, we are also 5ubmitting an application for an amendment to the conditional use permit for the private parking club which was approved for 103 5pace5. We are reclue5ting that the conditional u5e permit be modified to allow for 84 5pace5 to be included in the private parking club. It 15 important to note, that a5 tenants are finalized, the number of exce55 parking spaces will continue to change (i.e. re5taurant5 v5. retail). A5 a result of these changes, we are 5ubmittincg an application for a mayor amendment to 5DD 39 and for an amendment to the Conditional Use Permit for the private parking r w club. II. Application Process The addition of G dwellincg unit5 15 a mayor amendment to 5DD #39. The following 15 the definition a mayor amendment an 5DD: MAJOR AMENDMENT (PEC AND /OR COUNCIL REVIEW): Any proposal to change uses; mcrea5e gr055 residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved Special development district (other than "minor amendments" a5 defined in this 5ection), except a5 provided under Section 12-15-4, 'Interior Conver51on5% or 12-15-5, "Additional Gr055 Residential Floor Area (250 Ordinance) ", of this title. The modification of the number of parking spaces for the private parking club 15 an amendment to the Conditional Use Permit. The purpo5e of the conditional u5e permit 15 a5 follows: In order to provide the flexibility necessary to achieve the obJective5 of this title, Specified uses are permitted in certain di5trict5 5ubject to the granting of a conditional use permit. Because of their unusual or Special characteri5tic5, conditional u5e5 require review and evaluation 50 that they may be located properly with respect to the purp05e5 of this title and with respect to their effects on Surrounding properties. The review process prescribed in this chapter 15 intended to assure compatibility and harmonious development between conditional uses and Surrounding properties and the town at large. Uses 115ted a5 conditional uses in the various di5trict5 may be 3 Crossroads Redevelopment Mauriello Planning Group, LLC permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with 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. III. Submittal Requirements The following Is a list of the submittal requirements for a mayor SDD amendment and any additional requirements for a conditional use permit. We have Indicated the items that we have submitted with this amendment, and referenced the original submittal for Items that are not affected by the major amendment. Fee Submitted Stamped, addressed envelopes and a Ilst of the property Submitted owners adjacent to the sub ect p roperty Title Report Submitted Written approval Submitted A written statement addressing the following: Submitted a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasmg plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlyin6j zone district. A written statement addressing the following: Submitted a. Describe the precise nature of the proposed use and measures proposed to make the use compatible with other properties in the vicinity. b. The relationship and impact of the use on development objectives of the Town. c. The effect of the use on light and air, distribution of population, transportation facihties, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. d. The 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 streets and parkmg area. e. The 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 5urrounclincj uses. A complete zonincj analysis Submitted Stamped Topographic Survey Refer to the original submittal — no chaneje fXl5tincj and Pro osed Slte and Gradln Plans Submitted A Vicinity Plan Submitted A Landsca e Plan Submitted A Roof Heicjht Plan Submitted EX15tinq and Prop Architectural Elevations Submitted EX15tincl and Proposed Architectural floor Plans Submitted Sun /shade analysis Submitted 4 Crossroads Redevelopment Mauriello Planning Group, LLC All plans must also be submitted in 8.5. x I I . reduced 5ubmitted format. An Architectural or massing model Refer to the original submittal — no change Photo overlays Refer to the original submittal — no change Parking needs assessment and vehicular circulation analysis 5ubmitted An Environmental Impact Report Refer to the original submittal — no change IV. Detailed Project De5crlption and Zonincg Analy515 A. Project Site and Ownership The Crossroads property, located at 143 East Meadow Dave, contains 2.643 acres of land. The site is bounded on the north by the South Frontage Road and 1 -70, on the east by Village Center Road, on the south by East Meadow Drive, and on the west by the Vail Village Inn. The 5ite 15 now owned by two LLC'5, managed by Peter Knobel. B. Proposed Uses The plan was developed as a package that provides substantial benefits and revenues to the Town, needed outdoor plaza and gathering spaces, and entertainment uses that create excitement and activity within the village. The following is a breakdown of the proposed uses (approximate): • 36,336 5q. ft. of retail area on pedestrian level and one floor above; • 8,824 5q. ft. of restaurant and bar area on pedestrian level and one floor above; • 14,405 sa. ft. I 0 -lane bowling alley; • 1 1,485 5q. ft. of theater space with 3- 5creen5 and 39G seats; • 24,000 561. ft. plaza with winter ice rink and summer water feature; • 75 dwelling units containing 198,859 561. ft. of GRFA. (A reduction of 97 1 5CJ. ft. — see 5ection E) The following is the list of uses as characterized by the C5C zone district: • Retail Shops Use by Right • Restaurants Use by Right • Bars and Nightclubs Use by Right • Professional Offices Use by Right Crossroads Redevelopment Mauriello Planning Group, LLC • Outdoor Skating Rink Accessory Use • Bowling Alley Conditional Use • Movie Theaters Conditional Use • Meeting Rooms Conditional Use • Multiple Family Residential Conditional Use • Private Parking Club Conditional Use C. Building Design The mayor amendment to 5DD #39 does not impact building design. No exterior changes have occurred a5 a result of the increase in dwelling units. Any changes that have occurred are a result of changes made during the DRB process to respond to comments and concerns. The proposed building design and materials were developed with careful consideration of the alpine mountain environment, location of the property on the periphery of the village and bordering Interstate 70, and the high quality of architectural treatment that the town strives for. The de5ign is characterized as a forward looking expression of European alpine heritage and more contemporary forms. Images of lodges, ski chalets and village centers of Austria and Switzerland, that hold such timeless beauty and charm, gave inspiration to the appearance of the project. The vernacular of the project reflects features of craftsman revival style. Architectural details yield the look of handcraft5man5hip; exposed beams, rafter tails, log columns, and braces turn construction details into built -in ornamentation that tie the design back to the earth and to the history of the log and umber architecture of the west. D. Commercial Floor Areas The commercial floor area can be divided into six categories: retail, restaurant, bowling/arcade /sports bar, and theater. The gross floor areas are approximately: Retail: Restaurant/Bar: 5ub -total 3G,33G sq. ft. 8,824 5a. ft. 45,1 GO sq. ft. Theaters ( including concessions, restrooms, BOH): 1 1 ,485 sq. ft. Bowling: 14,409 sq. ft. Sub -total 25,894 5q. ft. Total Gross Floor Area (excluding circulation) 71 ,054 sq. ft. 6 Crossroads Redevelopment Mauriello Planning Group, LLC E Residential Floor Areas While we are requested an increase in density from G9 units to 75 units, there 15 no change in the approved gross residential floor area. The gross residential floor area of the site which does not include common areas such as circulation, parking, and pool areas is approximately 198,859 sq. ft. Ordinance No. 5, 5erie5 of 2006, approved 5DD #39 for 199,830. We are requesting to maintain 199,830 sq. ft. as our allowable GRFA to maintain some flexibility as the design of units is finalized. Residential floor area is an area of deviation from the underlying zoning however is consistent with the designation of High Density Residential per the Vail Village Master Plan adopted 20 years after the zone district was established. F. Parking Below is a table documenting the parking requirements for the proposed Crossroads redevelopment. The proposed development plan includes a total of 299 parking spaces to meet the parking requirements of the project including the 84 space private parking club. Use # of Unite/5q. Ft. Code Ratios Total Dwelling Units 75 1.4 105 Retail 35,1 17 0.0023 80.77 Theater 5eatincj 3,248 0.000OGOGOG 1 9.08 Restaurant 5eatincj 4,412 0.004 1 7.G5 Dowlincj 1,170 0.0023 2.G9 Total 225.79 5% reduction 1 1.29 Net Required Parluncj 214.5 Parkincj Provided 299.00 Parkmej Club Parkinq 84 The parking lot will be operated with a fee structure that will allow the public to park on -site. This private parking facility will essentially free up parking within the municipal parking structures thus improving the Town's ability to accommodate skier and Vail Village parking. 6. Parting Club The surplus parking spaces provided on -site will be provided as part of a parking club, where parking spaces will be leased and/or sold. Originally, the approval 7 Crossroads Redevelopment Mauriello Planning Group, LLC was for 103 parking spaces to be used as part of the parking club. However, the addition of dwelling units, and internal changes to the parking Structure, have reduced the surplus parking available for the Parking Club. The total number of spaces in the parking club will be 84. Therefore, the overall impact of the parking club to the community 15 al5o reduced. H. Access and Grculation There are no changes to access and circulation a5 a result of this mayor amendment. A supplement to the traffic report has been provided. 1. Loading and Delivery The changes we are requesting as part of this mayor 5DD amendment do not impact the loading and delivery requirements. The Zoning Regulations require a certain number of loading berths be provided based on the uses being proposed. For a mixed -use facility such as the Crossroads redevelopment project, the maximum number of loading spaces that the requlation5 require 15 five loading berths. The proposed plan provides five formal loading berths and opportunity for I additional UPS style loading spaces within the porte cochere. All of the loading for the Site 15 accessed directly from the South Frontage Road per the Vail Village Master Plan direction and Town policy. The entire loading facility 15 enclosed thus reducing the noise of trucks being unloaded and eliminating any visual concerns. The loading and delivery facility will operate a5 part of the overall Vail Village di5per5ed loading program. J. Density Density is expre55ed a5 the number of residential dwelling units per acre of land. The proposed amendment includes an increase from G9 unit5 to 75 units. This results in a proposed density of 28.3 dwelling units /acre. The original approval was for G9 dwelling units, resulting in a density of 2G. I dwelling units/acre. K. Building l ICIght There are no changes to building height a5 a result of this major amendment. L. Setbacks There are no changes to setbacks a5 a result of this mayor amendment. M. Site Coverage There are no changes to setbacks as a result of this mayor amendment. D Crossroads Redevelopment Mauriello Planning Group, LLC N. Landscape Are*5treet5cape There are no changes to the landscape area as a result of this mayor amendment. O. Condominium Rental Program Intent: The condominium rental program 15 bung 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 duality, tourist oriented properties: I . Owner asset management; 2. Owner rental income; and 3. Owner's personal usage and satisfaction. 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 G3% of the gross rental revenue. In summary, the key to achieving the above goals is to emulate the management of a fine, high duality, 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 15 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 duickly provides for guests needs but corrects problems in units before they become a mayor 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 9 Crossroads Redevelopment Mauriello Planning Group, LLC 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: I . 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 property is managed at the highest level of quality then owners feel comfortable 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 G3% 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. 10 Crossroads Redevelopment Mauriello Planning Group, LLC Based on Stan's experience working at the Lodge Tower, we believe that at least 50 of the 70 proposed condominiums will be 5ucce55fully rented. This exceeds the predictions utilized in the revenue analy5i5 prepared by Steve Thompson who a55umed 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 • Nigh 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 -5ite re5taurant5 • Full -time on -site Security • Active marketing program for rental units locally and nationally • Participation in national condo rental/exchange club P. Parking Management Summary and Intent: Crossroads intends to maximize the occupancy and efficiency of the entire Cro55road5 parking facility by not re5trictm -g individual parking spaces for individual users 100% of the time (i.e., when a condo owner 15 not in residence or not otherwise occupying a parking space, that space becomes available for other u5er5). There are four ba5ic u5er5 of the parking garage: condominium owners; bu5ine55 owners /employees and customers; parking club members; and the general public when Shopping or taking advantage of amenities on5ite. Cro55road5 will be utilizing technology that will allow the management of the Crossroads garage to understand which parking spaces are in demand by certain users and when they can be made available to other u5er5. Re5ldentlal Parking: The owners of the condommium5 in the project will have a right to use their parking 24 hours a day 7 days a week. The condominium documents will include provisions that ensure that every condominium owner has the right to use it5 required number of parking spaces 5o there 15 never an instance where a condominium 15 bought or sold without the absolute right to park within the facility. Therefore, condominium parking spaces will not be individually deeded or condommiumized. However, if an owner 15 not in residence and 15 not otherwise occupying a parking space, the parking management will reserve the right to use 11 Crossroads Redevelopment Mauriello Planning Group, LLC condominium parking Spaces for short term rentable public parking; skier parking, shopper parking, or plaza event parking. This system will work utilizing a temporary pass, card, or code system. The residential system will generally operate as follows: when an owner or renter arrives to a condominium unit they will be required to check in with the concierge. Owners will be provided with a pin number or magnetic pass (or similar device) that can be changed periodically (in some cases daily) to access the parking structure. The codes for temporary guests will expire upon the end of a guests or owners stay which prevents abuse of system (i.e., providing cards or pin numbers to others). This system will allow owners to always have a right to park but allows management to maximize the use of parking spaces and keep the parking facility active for the community when the owners are not using the facility. Business and Commercial Pdrkrny: Parking required for the commercial businesses will always be available to the general public, business owners /employees, and retail consumers via the gate system. Business owners and employees will be provided with a pass or access code that allows them access to the parking facilities. The general public will have access to the parking facility on a fee basis. In order to ensure success of the commercial and retail establishments a credit, rebate, or reduced parking charge system will be established (i.e., validation system; free parking for first 30 minx; as examples). Parking Club /Surplus Parking: There are 84 parking spaces that are not required by the Town Code for either residential uses, commercial uses, or entertainment uses on the property. These parking spaces will be operated under a parking lease system or made available to the general public when not otherwise in use by a lessee. Similar to the Front Door project, these parking spaces will be leased to individuals or businesses on a seasonal or annual basis. Memberships or leases will be sold at a greater number than the number of parking spaces available (which will be known to the lessee) so that use of the parking spaces is maximized (guaranteed access, not a space). These memberships will be sold at prevailing market rates. If the all of the spaces are not able to be leased, parking spaces will be made available to the general public on an entry fee basis. In no case will any of the parking club spaces be condominiumized or sold individually. The goal is to maximize the use of the parking facility in a way that allows for convenience to residential owners, ensure success of business, retail, and commercial establishments located onsite, and generally aids in the supply of parking accessible by the general public. 12 Crossroads Redevelopment Mauriello Planning Group, LLC We anticipate that those taking advantage of the parking club (surplus parking spaces) will breakdown as follows: GO% restaurant or retailer from within the Vail Village area; 35% real estate profe55ional5 and other office u5er5 within the Vail Village area; 5% downvalley re5ident5 and bu5ine55 profe55ional5 (vendors, Service providers, etc.) who have daily bu5ine55 activities within the Vail Village area. Additiondl Public Access to Pdrkiny: The proposed parking management system will be able to recognize how many of the spaces are being occupied at any given time and what the usage trends are over the long term. With this knowledge, management will be able to allow the additional parking 5pace5 to be used as hourly parking during the daily hours of operation. We anticipate having an attendant on 5ite from 7:00 am to 12:00 am, 7 days a week. Access for tenants and owners will be allowed 24 hours a day. V. Public Beneflt5 of Project The list of public benefits being proposed by this project 15 exten5we. Not only are the direct community benefits Such a5 the ice rink and the entertainment complex included in the list, but also the more indirect benefits of redevelopment in and of itself. The 1i5t below includes all of the direct and indirect public and community benefits this project has to offer the Town of Vail: • New 24,000 5.1. ft. public plaza with winter ice 5kating/5ummer pop het fountain • Public re5troom5 at pedestrian level • New high duality retail and architecture in heart of Vail • Implementation of 5treet5cape master plan recommendations • Enclo5ed loading and delivery facility for public use • New bus stop • New landscape medians in 5. Frontage Road Public Amenitie5: • 3 Screen movie theater with Stadium Seating • 1 0 -lane bowling alley 13 Crossroads Redevelopment Mauriello Planning Group, LLC • $ 1 . 1 million in public art Revenuelncrease: • Increase in annual revenue to the Town from $1 79,236 to $ 1 .29 million. 14 Crossroads Redevelopment Mauriello Planning Group, LLC VI. Special Development District — Standards and Criteria "The purpose of the special development district is to encourage flexibility and creativity m the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the 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 the overall goals of the community as stated in the Vail comprehensive plan. " The following design criteria are used by the Town in the evaluation of a 5pecial Development District. The proposed Crossroads redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. Please note that the entire application and submittal materials for the Crossroads Redevelopment address the criteria below in addition to the summary provided. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, budding height, buffer zones, identity, character, visual integrity and orientation. ASK Our Analysis: The proposed Crossroads redevelopment plan was designed to be compatible with the mountain environment and the new trends alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent saes. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (112-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. 15 Crossroads Redevelopment Mauriello Planning Group, LLC The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long continuous roof ridge running east west across the site which has been fairly common on other redevelopment projects. There are no mayor flat roofs proposed on this structure. The materials are of the highest duality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood -like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high duality that maintenance is minimally reduired. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. A statement from the Lionshead Master Plan sums up our belief about new Vail architecture: "the architectural language... should strive to reinterpret its heritage and look to the future, instead of simply mimicking the past." The design of the building also creates an identity to stimulate visual interest and help anchor the East Meadow Drive area of Vail as a sought after destination. The design will help draw people to back to Vail and East Meadow Drive in particular. The proposed development plan is compatible with the area. The site is located across the street from the Sonnenalp redevelopment project and adjacent to the Vail Plaza Hotel redevelopment project. While the proposed building will not be the same scale as the existing three to six - story structures that make up the remainder of the Vail Village Inn (VVI), the plan recognizes the long -term need to redevelop the remaining portions of the VVI to a scale and duality reflective of current trends. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed -use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high duality mix of uses along East Meadow Drive. The proposed project provides an increase in retail and restaurant space, new movie theaters, bowling alley, and arcade which do not exist to this degree of duality in Vail, new public plaza spaces and amenities, and high duality residential development. The proposed uses will anchor this portion of the Vail Village and generate activity that will not only benefit the retail shops at Crossroads but all of the businesses in the 16 Crossroads Redevelopment Mauriello Planning Group, LLC surrounding area. The parking provided on this site will generate pedestrian traffic to all areas of East Meadow Drive and the village core. The proposed project creates a compatible, efficient, and workable relationship with surrounding uses and activities. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Crossroads redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: 51te 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. Our Analysis: The Crossroads site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed 17 Crossroads Redevelopment Mauriello Planning Group, LLC plan includes a large open plaza (nearly 20% of the area of the entire Site). This 112-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off -site traffic circulation. Our Analysis: The Crossroads project has been designed to address three mayor issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long- standing goal of the Town is to remove loading and delivery entering the Crossroads site through E. Meadow Dave and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for a mixed -use facility. The loading dock also includes a trash facility for the project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a Porte cochere along the South Frontage Road for residential guests arriving at the site. The Porte cochere will provide temporary pick -up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and a letter amending the analysis has been provided with this application. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for mayor roadway improvements due to the traffic generated for the proposed uses on -site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the Crossroads site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. 18 Crossroads Redevelopment Mauriello Planning Group, LLC H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: The Crossroads project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Crossroads provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic duality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. i. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: The project is proposed to be developed in one phase. Permits for demolition and excavation will be pursued prior to a full building permit being issued for the project. A condominium plat will be required prior to CO of the project. VII. Conditional Use Permit — Review Criteria Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed conditional uses of a private parking club: A. 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. Our Analysis: The proposal to establish a private parking club will address several of the goals and objectives established in the Vail Village Master Plan. Further, we believe 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 19 Crossroads Redevelopment Mauriello Planning Group, LLC parking structures. As previously approved, the private parking club consisted of 103 parking spaces. As the parking analysis in this application indicates, the addition of dwelling units, and modifications to the commercial space (i.e. changing spaces from retail to restaurant, and vice versa), and modifications to the parking structure for mechanical, have modified the excess parking available for the private parking club. B. 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. Our Analysis: The proposed 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. Parking is being located underground and all pedestrian areas are being heated so there is no need for traditional snow removal from the site. The parking areas and access ways are all being developed within the Town's standards to allow for sufficient flow and maneuverability. C. 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. Our Analysis: 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. 20 Crossroads Redevelopment Mauriello Planning Group, LLC V111. Adjacent Property Owners VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION JO5EF 5TAUFER 100 E MEADOW DR #31 VAIL, CO 81 G57 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR PHOENIX, AZ 85018 HIBBERD, FRED, JR 400 NW RIDGE RD JACKSON, WY 83001 VAIL CORE CONDOMINIUM ASSOCIATION, INC. Helen E. Bird P 0 BOX 5940 AVON, CO 81 G20 CROSSROADS EAST ONE LLC 329 MILL CREEK CIR VAIL, CO 81 G57 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81 G57 AUSTRIA HAUS CONDO A550C INC 20 VAIL RD VAIL, CO 81 G57 TOWN OF VAIL 75 S FRONTAGE RD VAIL, CO 81 G57 VILLAGE CENTER A550C 124 WILLOW BRIDGE RD VAIL, CO 81 G57 SONNENALP PROPERTIES INC 20 VAIL RD VAIL, CO 81 G57 21 Crossroads Redevelopment Mauriello Planning Group, LLC CK055KOAD5 OF VAIL CONDOMINIUM A550CIATION do CRAIG COHN 143 EAST MEADOW DRIVE, SUITE 3 VAIL, CO 81 G57 CROSSROADS OF VAIL CONDOMINIUM A55OCIATION 143 EAST MEADOW DRIVE, SUITE 300 VAIL, CO 81 G57 VILLAGE INN PLAZA -PHASE V CONDOMINIUM A550CIATION COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE No. 25 Edwards, CO 81 G32 VILLAGE INN PLAZA -PHASE V CONDOMINIUM A55OCIATION COLORADO REGISTRATION, INC PO BOX GGG r' VAIL, CO 81 G58 VILLAGE INN PLAZA -PHASE V CONDOMINIUM A55OCIATION 100 EAST MEADOW DRIVE 5TE 31 VAIL, CO 81 G57 VILLAGE INN PLAZA CONDOMINIUM A550CIATION COLORADO REGISTRATION, INC. 880 HOMESTEAD DRIVE, NO. 25 EDWARD5, CO 81 G32 VILLAGE INN PLAZA CONDOMINIUM A55OCIATION COLORADO REGISTRATION, INC. POST OFFICE BOX GGG VAIL, CO 81 G58 Crossroads Redevelopment Mauriello Planning Group, LLC VILLAGE INN PLAZA CONDOMINIUM A55OCIATION 100 EAST MEADOW DRIVE NO. 31 VAIL, CO 81 G57 AUSTRIA HAUS CONDOMINIUM A55OCIATION, INC. JOHN MILLS C/O SONNENALP HOTEL 20 VAIL ROAD VAIL, CO 81 G57 VAIL VILLAGE PLAZA CONDOMINIUM A55OCIATION SALLY HANLON 385 GORE CREEK DRIVE- NO. K -2 VAIL, CO 81 G57 VAIL VILLAGE PLAZA CONDOMINIUM A55OCIATION 143 E. MEADOW DRIVE NO. 3G0 C/O SLIFEK MANAGEMENT CO VAIL, CO 81 G57 VAIL VILLAGE PLAZA CONDOMINIUM A55OCIATION C/O ABPLANALP LAW OFFICE LLC �+ P05T OFFICE BOX 2800 VAIL, CO 81 G58 CDOT 4201 E. Arkansas Avenue Denver, CO 80222 Mauriello Plannincg Group, LLC Post Office Box 1 127 Avon, CO 81 G20 23 Crossroads Redevelopment Mauriello Planning Group, LLC 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 D 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 property limits. 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. All 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 plans 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. I A TOWN OF VML THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE 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 February 26, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- 9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 69 units to 75 units; located at 141 and 143 Meadow Drive /Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07 -0004) 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 multiple - family dwellings and lodges and private club C OL Filing (parking club); located at 141 and 143 Meadow Drive /Lot P, Block 5D, Vail Village v 1, and setting forth details in regard thereto. (PEC07 -0005) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for a final review of a major amendment to the Approved Development Plan pursuant to Section 12 -8E -18 (B) Major Amendments, to allow for a revised grading plan at Vail's Front Door Vista Bahn Ski Yard, located at 151 Vail Lane /Lot A, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07 -0006) Applicant: Vail Resorts Development Corp. Planner: George Ruther A request for a final review of an amended final plat, pursuant to Chapter 12 -12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 29 and 30, Block 1, Vail Potato Patch, located at 805 and 807 Potato Patch Drive, and setting forth details in regard thereto. (PEC07 -0008) Applicant: Pedro Cerisola /Larch S.A., represented by Snowdon and Hopkins Architects, P.C. Planner: Warren Campbell A request for a final review of a variance from Section 14 -6 -7, Retaining Walls, Vail Town Code, pursuant to Chapter 12 -17, Variances, to allow for a retaining wall in excess AWN of three feet within the front setback, located at 805 Potato Patch Drive /Lot 29, Block 1, Vail Potato Patch, and setting forth details in regard thereto. (PEC07 -0007) Attachment: E Applicant: Pedro Cerisola /Larch S.A., represented by Snowdon and Hopkins Architects, P.C. Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend 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. Published February 9, 2007, in the Vail Daily. It Page 2 Special Development District (5 Application for Review by th OVki Planning and Environmental Comi ! MWN Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com � JAN 1. y 2001 OF \ /AIL General Information: All projects requiring Planning and Environmental Commission 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 be accepted until all required information is received 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 " "' it $650 • Major Subdivision $1500 Floodplain Modification $400 • Minor Subdivision $650 ❑ Minor Exterior Alteration $650 • Exemption Plat $650 ❑ Major Exterior Alteration $800 • Minor Amendment to an SDD $1000 ❑ Development Plan $1500 • New Special Development District $6000 ❑ Amendment to a Development Plan $250 • Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request: A major amendment to SDD #39, Crossroads, to allow for the addition of 6 units and an amendment to the conditional use permit to modify the private parking club. Location of the Proposal: Lot: P Block: 5D Subdivision: Vail Village Filing 1 Physical Address 143 E. Meadow Drive Parcel No.: 210108201 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Zoning Special Development District #39 (underlying zoning of CSC) Name(s) of Owner(s) Crossroads East One LLC Mailing Address 329 Mill Creek Circl Vail c Phone: Owner(s) Signature(s): Name of Applicant: Mauriello P nning Group Mailing Address: PO sox 1127 Avon, CO 81620 Phone 970 -748 -0920 E -mail Address mauriello @comcast.net Fax 970 -748 -0377 Lf For Office U CP t ZJ1. 4 0 Fee Paid: No By: Meeting Date eck _ PE C No.: Planner: Project No.: W"q m 0 v C c c 4040, F: \cdev\FORMS \Permits \Planning \PEC \SDD10- 18- 2006.doc Page 1 of 7 1/4/06 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R070000068 Amount: $1,250.00 01/22/200704:18 PM Payment Method: Check Init: JS Notation: 1143 /CROSSROADS EAST ONE LLC ----------------------------------------------------------------------------- Permit No: PEC070004 Type: PEC -Maj SDD No Ext Chg Parcel No: 2101 - 082 - 0100 -1 Site Address: 143 E MEADOW DR VAIL Location: 143 E MEADOW DRIVE Total Fees: $1,250.00 This Payment: $1,250.00 Total ALL Pmts: $1,250.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 1,250.00 I2umu T R A N S P O R T A T I O N GROUP MEMORANDUM Date: February 22, 2007 #04008 Rev Tgen Compare Memo To: Allison Ochs, Mauriello Planning Group From: Jo Ann Higgins, AIC Subject: Solaris Project (aka rossroads Redevelopment) — Trip Generation Comparison This revised trip generation comparison memorandum has been prepared for the proposed Solaris project located on the southwest quadrant of the S. Frontage Road and Village Center Road intersection in Vail. The project was previously called the Crossroads Redevelopment project. This analysis builds on the findings of previous site traffic analyses and studies' for the project. Since completion of the traffic study for the site, a more specific land use plan for the site has been identified. The current land use plan results in a net reduction in retail space and slight increase in residential units on the site when compared to the land use analyzed in the approved traffic study. Site Trip Generation Comparison The vehicular traffic for the site land uses has been estimated based on current trip rates contained in the Institute of Transportation Engineers (ITE) 7 th Edition Trip Generation manual. The rates applied to the current site land uses are the same as were used in the prior TIS for the site, including the reductions applied to the site uses. A comparison to the currently proposed renovated uses and previously analyzed trip generation for the site area land uses is presented in Table 1. The currently proposed site land use plan will result in slightly higher traffic generation volumes than that analyzed in the TIS for the site. The new site uses are anticipated to generate 2,676 average daily trips (ADT) with 205 of these trips occurring during the evening peak hour period. This is an increase of 104 daily trips and 13 peak hour trips when compared to the prior land use plan analyzed in the traffic impact study. Traffic Impact Study for the Crossroads Redevelopment Project, Fox Higgins Transportation Group, Nov. 8, 2005. Trip Generation, 7 Edition, Institute of Transportation Engineers (ITE), 2003. P.O. Box 1976B, BOULDER, COLORADO B030B-276B PHONE: 303- 652 -3571 ■ FAx: 303- 772 -2329 OR 303- 652 -6574 Allison Ochs, Mauriello Planning Group Page 2 Solaris Project Trip Generation Comparison Memorandum February 22, 2007 The existing Crossroads site land use was calculated to generate 1,913 daily trips with 124 occurring during the peak hour period. Given this, the new traffic assigned to the adjacent street network as a result of the current renovated land use plan will be 763 daily one -way trips with 81 trips occurring during the peak hour period. As identified in the traffic study for the site, the adjacent street network with planned modifications will sufficiently serve the net site added traffic volumes with minimal effects. With adequate reserve capacity forecast at the adjacent intersections, it is anticipated that all surrounding intersections will function at levels similar to those identified in the traffic study with the additional 13 site peak hour trips. Conclusions In summary, this analysis reviewed site generated traffic for the currently proposed Solaris project land use plan. The current renovated uses will generate a total of 81 net new peak hour trips to the adjacent street network. This revised traffic estimate is 13 peak hour trips more than those analyzed for the site in the prior Crossroads traffic study. It is concluded that the existing and planned street network will continue to sufficiently serve the projected site generated traffic volumes, as reserve capacity was forecast in the study. Net increases in traffic by this project to the adjacent roadway system are negligible when considering the high traffic along the Frontage Road and adjacent intersections will continue to operate at a level of service A overall which is at or similar to existing operations. 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Nicholas Sordi 108 S FRONTAGE RD W #203 VAIL, CO 81657 Phone: 970 - 476 -2251 Fax: 970 - 476 -4732 EMail: nsordi @ltgc.com SLIFER SMITH & FRAMPTON - HYATT SOLARIS PROPERTY OWNER, LLC 148 BEAVER CREEK PLAZA 143 E. MEADOW DR. PO DRAWER 2820 SUITE 300 AVON, CO 81620 VAIL, CO 81657 Attn: DEBORAH WITTMAN Attn: JON BOORD Phone: 970 -845 -9400 Phone: 970 - 479 -7566 Fax: 970 - 845 -7635 Fax: 970 - 479 -7511 EMail: dwittman @slifer.net Entail: jon @solarisvail.com Sent Via EMail Linked Commitment Delivery SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY LAND TITLE GUARANTEE COMPANY 7900 GLADES ROAD 108 S FRONTAGE RD W #203 SUITE 330 VAIL, CO 81657 BOCA RATON, FL 33434 Attn: Vail Closing Group Phone: 561 - 477 -9000 Phone: 970 - 476 -2251 Fax: 561 - 477 -8592 Fax: 970 - 476 -4534 Sent Via Fax SOLARIS PROPERTY OWNER, LLC GARFIELD & HECHT, P.C. 143 E. MEADOW DR. 0070 BENCHMARK ROAD SUITE 300 UNIT 104, AVON TOWN SQUARE VAIL, CO 81657 AVON, CO 81620 Attn: REED WEILY Attn: KURSTEN CANADA Phone: 970 - 479 -7566 Phone: 970 - 949 -1566 Fax: 970 - 479 -7511 Fax: 970 - 949 -1810 Entail: reed @solarisvail.com Entail: kcanada @garfieldhecht.com Linked Commitment Delivery Linked Commitment Delivery Land Title Guarantee Company r Date: 01 -12 -2007 GUARANTEE CUMNANY Our Order Number: VB50017470 -2 Property Address: UNIT C -4, THE RESIDENCES AT SOLARIS -VAIL VAIL, CO 81657 Buyer/Borrower: SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY Seller /Owner: SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY COMPANY Wire Information: Bank. FIRSTBANK OF COLORADO 10403 W COLFAX AVENUE LAKEWOOD, CO 80215 Phone: 303 -237 -5000 Credit. LAND TITLE GUARANTEE COMPANY ABA No.: 107005047 Account. 2160521825 Attention: Vail Closing Group Need a map or directions for your upcoming closing? Check out Land Title's web site at www.ltgc.com for directions to anv of our 54 office locations. ESTIMATE OF TITLE FEES ALTA Owners Policy 10 -17 -92 $1,970.00 If Land Title Guarantee Company vill be closing this transaction, above fees frill be collected at that time. TOTAL $1,970.00 ram CGWZWT 06/04 THANK YOU FOR YOUR ORDER! Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VB50017470 -2 Schedule A Cust. Ref.: Property Address: UNIT C -4, THE RESIDENCES AT SOLARIS -VAIL VAIL, CO 81657 1. Effective Date: December 14, 2006 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: "ALTA" Owner's Policy 10 -17 -92 $2,750,000.00 Proposed Insured: SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to the estate or interest covered herein is at the effective date hereof vested in: SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY COMPANY 5. The land referred to in this Commitment is described as follows: UNIT C -4, ACCORDING TO THE CONDOMINIUM MAP FOR THE RESIDENCES AT SOLARIS -VAIL RECORDED ON AT RECEPTION NO. , IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY, COLORADO, AND THE CONDOMINIUM DECLARATION FOR THE RESIDENCES AT SOLARIS -VAIL RECORDED ON AT RECEPTION NO. IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY, UULUKAIJU. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50017470 -2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to -wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: 1. ARTICLES OF ORGANIZATION FOR SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY MUST BE FILED WITH THE SECRETARY OF STATE. A COPY STAMPED BY THE SECRETARY OF STATE MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. THE MANAGER OF AS DISCLOSED IN SAID ARTICLES MUST EXECUTE APPROPRIATE DOCUMENTS. 2. FURNISH TO LAND TITLE GUARANTEE COMPANY THOSE SECTIONS OF THE OPERATING AGREEMENT FOR SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. NOTE: ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS DOCUMENTATION. 3. CONDOMINIUM MAP AND CONDOMINIUM DECLARATION ACCEPTABLE TO THE COMPANY TO BE RECORDED IN COUNTY OF EAGLE, STATE OF COLORADO. 4. RELEASES OF ANY AND ALL DEEDS OF TRUST CURRENTLY EXISTING ON SUBJECT PROPERTY. 5. CONVEYANCES TO SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY COMPANY FROM ANY AND ALL PARTIES WHICH CURRENTLY HOLD AN INTEREST TO SUBJECT PROPERTY. 6. PROPER DOCUMENTATION CONDEMNING THE COVENANTS RECORDED AUGUST 10, 1962 IN BOOK 174 AT PAGE 179 TO BE RECORDED IN EAGLE COUNTY. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VB50017470 -2 Continued: 7. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. WARRANTY DEED FROM SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY COMPANY TO SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY CONVEYING SUBJECT PROPERTY. NOTE: SAID DOCUMENT MUST BE EXECUTED BY THE MANAGERS /MEMBERS AS DISCLOSED IN THE OPERATING AGREEMENT FOR SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY COMPANY. * * * * * * * * ** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 * * * * * * * * ** Pursuant to Colorado Revised Statute 30 -10 -421, "The county clerk and recorder shall collect a surcharge of $1.00 for each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50017470 -2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT PAGE 475. 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE RECORDED PLAT OF SUBDIVISION PLAT FOR SOLARIS -VAIL. 12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED UNDER RECEPTION NO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VB50017470 -2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF CONDOMINIUM MAP FOR THE RESIDENCES AT SOLARIS -VAIL RECORDED RECEPTION NO. 14. TERMS, CONDITIONS AND PROVISIONS OF SHARED FACILITES AGREEMENT RECORDED AT RECEPTION NO. NOTE: THE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. THE COMPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY SERVICE OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIEW THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO YOUR TITLE INSURANCE COVERAGE. LAND TITLE GUARANTEE COMPANY and MERIDIAN LAND TITLE, LLC DISCLOSURE STATEMENTS Note: Pursuant to CRS 10 -11 -122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30 -10 -406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3 -5 -1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed ". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material -men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un -filed mechanic's and material -men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10 -11 -123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLOSURE 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies / Chicago Title Insurance Company Security Union Title Insurance Company and Land Title Guarantee Company and Land Title Guarantee Company - Grand Junction July 1, 2001 We recognize and res ect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy+ laws. We believe that making you aware of how we use your non -pubic personal information ( "Personal Information'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms we receive from you or your authorized representative; • From your transactions with, or from the services being performed by, us, our affiliates, or others; • From our internet web sites; • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: • to agents, brokers or representatives to provide you with services you have requested; • to turd -party contractors or service providers who provide services or perform marketing or other functions on our behalf; and • to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies /Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Form PRIV.POL.CHI CROSSROADS MAJOR SDD AMENDMENT JANUARY 2007 ADJACENT PROPERTY OWNER VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION JOSEF STAUFER 100 E MEADOW DR #31 VAIL, CO 81657 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR PHOENIX, AZ 85018 HIBBERD, FRED, JR 400 NW RIDGE RD JACKSON, WY 83001 VAIL CORE CONDOMINIUM ASSOCIATION, INC. Helen E. Bird P O BOX 5940 AVON, CO 81620 CROSSROADS EAST ONE LLC 329 MILL CREEK CIR VAIL, CO 81657 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 AUSTRIA HAUS CONDO ASSOC INC 20 VAIL RD VAIL, CO 81657 TOWN OF VAIL 75 S FRONTAGE RD VAIL, CO 81657 VILLAGE CENTER ASSOC 124 WILLOW BRIDGE RD VAIL, CO 81657 SONNENALP PROPERTIES INC 20 VAIL RD VAIL, CO 81657 CROSSROADS OF VAIL CONDOMINIUM ASSOCIATION c/o CRAIG COHN 143 EAST MEADOW DRIVE, SUITE 3 VAIL, CO 81657 CROSSROADS OF VAIL CONDOMINIUM ASSOCIATION 143 EAST MEADOW DRIVE, SUITE 300 VAIL, CO 81657 VILLAGE INN PLAZA -PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE No. 25 Edwards, CO 81632 VILLAGE INN PLAZA -PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC PO BOX 666 VAIL, CO 81658 VILLAGE INN PLAZA -PHASE V CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE STE 31 VAIL, CO 81657 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. 880 HOMESTEAD DRIVE, NO. 25 EDWARDS, CO 81632 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. POST OFFICE BOX 666 VAIL, CO 81658 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE NO. 31 VAIL, CO 81657 AUSTRIA HAUS CONDOMINIUM ASSOCIATION, INC. JOHN MILLS C/O SONNENALP HOTEL 20 VAIL ROAD VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SALLY HANLON 385 GORE CREEK DRIVE- NO. R -2 VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION 143 E. MEADOW DRIVE NO. 360 C/O SLIFER MANAGEMENT CO VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION C/O ABPLANALP LAW OFFICE LLC POST OFFICE BOX 2800 VAIL, CO 81658 CDOT 4201 E. Arkansas Avenue Denver, CO 80222 Mauriello Planning Group, LLC Post Office Box 1127 Avon, CO 81620 O VAK i Special Development District (SDD) InI Application for Review by the LJ ll Planning and Environmental Commiss ! V�'1'f Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com SAN 19 2007 TOWN OF VAIL General Information: All projects requiring Planning and Environmental Commission 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 be accepted until all required information is received 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 Subdivision $1500 Floodplain Modification $400 • Minor Subdivision $650 ❑ Minor Exterior Alteration $650 • Exemption Plat $650 ❑ Major Exterior Alteration $800 • Minor Amendment to an SDD $1000 ❑ Development Plan $1500 • New Special Development District $6000 ❑ Amendment to a Development Plan $250 • ' Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request: A major amendment to SDD #39, Crossroads, to allow for the addition of 6 units and an amendment to the conditional use permit to modify the private parking club. Location of the Proposal: Lot: P Block: 5D Subdivision Vail Village Filing 1 Physical Address 143 E. Meadow Drive Parcel No.: 210108201001 (Contact Eagle Co. Assessor at 970 - 328 -8640 for parcel no.) Zoning Special Development District #39 (underlying zoning of CSC) Name(s) of Owner(s) Crossroads East One LLC Mailing Address 329 Mill Creek Circl Vail c Phone' Owner(s) Signature(s): Name of Applicant Mauriello P nning Group Mailing Address: PO Box 1127 Avon CO 81620 Phone 970 - 748 -0920 E -mail Address mauriello @comcast.net FaX 970- 748 -0377 For Office se Qn�: /� S �vOSi � (`� Fee Paid: S� e k No.: l By: Meeting Date: Z^ "V PEC No.: 7V 9 C O 7 CY 00 3 Planner: I r Project No.: 1 1r c1 - d q► c J d G O F: \cdev\FORMS \Permits \Planning \PEC \SDD10- 18- 2006.doc Page 1 of 7 1/4106 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TOWN OF VAIL, COLORADO Statement ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Statement Number: R070000069 Amount: $650.00 01/22/200704:22 PM Payment Method: Check Init: JS Notation: 1154 /CROSSROADS EAST ONE LLC ----------------------------------------------------------------------------- Permit No: PEC070005 Type: PEC - Conditional Use Parcel No: 2101 - 082 - 0100 -1 Site Address: 143 E MEADOW DR VAIL Location: 143 E MEADOW DRIVE Total Fees: $650.00 This Payment: $650.00 Total ALL Pmts: $650.00 Balance: $0.00 ************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------- - - - - -- ------------------------ - - - - -- ------ - - - - -- PV 00100003112500 PEC APPLICATION FEES 650.00