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Home My WebLink About2006, March 21 Town Council Meeting � � �.�u.e� a �� :�s�, �-� � March 21, 2006 Vail Town Council Dear Council Members, I attended February's council meeting where the vote was 4-3 in favor of Peter Knobel's redevelopment of Crossroads. I aired my view early in the evening and wished I had expressed myself better. I wish I had looked each of you in the eye and asked if the amenities being offered by Mr. Knobel in exchange for gross ordinance variations are worth it. The four who voted in favor of the project seem convinced that a building of this magnitude is the only answer to redeveloping Crossroads. They seem blinded by the promise of a bowling alley, movie theaters and plaza with winter ice rink. They overlook � too much and seem unconcerned by the fact that this council will set a precedent for granting variances with ramifications long past Crossroads. The current Crossroads re-develo ment i t � p s oo big, and the architecture ungainly. Hold developers to a higher standard. Bigger is not better and comprises made for this project aren't worth the price. I regret that I cannot be at the meeting tonight. Keep Vail unique in the valley and VOTE NO on the second ballot to approve the existing plan to re-develop Crossroads. Thank you for your time and hard work. 1 Jud Gold � Y 4977 Juniper Lane � Vail � Village Inn Plaza, Phase III, Condominium Association 100 East Meadow Drive,Vail,Colorado 81657 � �i � � . � �; + . �i ,;. � �r�_ . March 19, 2006 Members of the Vail Town Council 75 South Frontage Road Vail, Colorado 81657 RE: Ordinance for a Special Development District to Allow for the Redevelopment of Crossroads Dear Town Council Members: � I am writin to ou as President of the Board of Village Inn g Y Plaza, Phase III, Condominium Association regarding the matter of establishing a Special Development District to allow for the re- development of Crossroads. On February 7, 2006, I submitted what we felt was a reasonably specific letter to the Town Council requesting three actions by the Council if it decided to approve the Crossroads redevelopment request on first reading. The three actions requested were, in brief: 1. The planting of many more large conifer trees than shown in the current plans to try to mask some of the visual impact of the new Crossroads from the adjacent Village Inn Plaza, Phase III, Condominium. 2 . The inclusion of a large recirculating water cascade in an � attractive "pocket park" which would not only be a visually attractive feature for everyone but would also help to mask man-made � sounds in the close space between the new Crossroads and Village Inn �` Plaza during the warmer months when the cascade would operate. � 3. Substantial sanctions against the developer of Crossroads � � for any loss of or damaqe to trees and shrubs on adjacent Village Inn Plaza property during construction of Crossroads. RE: Crossroads Redevelopment, 3/19/06 page 2 � From the comments of many individual members of Council at the meeting on February 7, we had the clear impression that our request for the protection of the large, mature trees and shrubs along our joint property line, the the inclusion of a cascade water feature as the signature part of park-like landscaping between Village Inn Plaza, Phase III, and the redeveloped Crossroads, and the planting of more conifer trees than shown on the Crossroads landscaping plan had wide support on Council. We do not see these items having been covered in the Crossroads Development Agreement or elsewhere. We urgently request your assistance in assuring that the following are part of any approval for the redevelopment of Crossroads: 1. Up to twenty (20) large evergreen trees (20' in height) will either be relocated or planted new. in the area between the Association's building and the new Crossroads building, subject to direction on the exact location provided by the Association. Continued maintenance of these trees shall be the responsibility of the property owner on whose property the trees are planted. The riew � or relocated trees shall have a two year guarantee. 2 . A private pocket park is to be created in the area shown on the site plan partiaTly located on the property of the Association and partially on the Crossroads property. The park will contain landscape area including a large recirculating water cascade or stream (Similar in style and flow to the cascading stream in the Rock Alpine Garden of Betty Ford Alpine Gardens. The cascade should be designed not only to be a visually attractive feature but also to help to mask man-made sounds in the close space between the new Crossroads and Village Inn Plaza during the warmer months — it should run from May to October. The water cascade should be entirely on Crossroads property and start near the south end of the loading dock, and continue to near the east-west walkway between Crossroads and Village Inn Plaza. The water cascade should have appropriate landscaping around it. ) , walkways, benches, and plant materials including trees, subject to approval by the Association and the Town of Vail. Crossroads will fund the construction of these improvements. The individual property owners will be responsible for continued maintenance of the improvements. Each property owner will maintain the improvements within his/her property. 3. The large, mature trees and shrubs on Association property � adjacent to the joint property line with Crossroads will be fully protected by Crossroads from the start of construction through RE: Crossroads Redevelopment, 3/19/06 page 3 � completion of the new Crossroads building and completion of the landscaping between Crossroads and the Association. Crossroads shall reimburse the Association for (a. ) a survey of the health of the trees and shrubs by a certified tree and shrub expert chosen by the Association prior to construction and (b. ) continuing monitoring of the trees and shrubs for three years following completion of the Crossroads building construction and the landscaping in the area between Crossroads and the Association. If during this time period it is determined that any of the trees or shrubs have been killed or seriously damaged, then Crossroads shall be required to: a. for each larqe tree (over 20 feet) killed or seriously damaged, replace it with the largest feasible same species tree (with a two year guarantee) and pay a penalty of $100,000. b. for each small tree (less than 20 feet) killed or seriously damaged, replace it with a tree of the same size and type (with a two year guarantee) and pay a penalty of $15,000. c. for each shrub killed or seriously damaged, replace it with a shrub of the same size and type (with a two year guarantee) and pay a penalty of $8,000. The funds from any penalties shall be directed equally to ( 1) a special Town of Vail fund for installation of specimen trees and shrubs in public areas of Vail Village with high visitor use and (2) � Betty Ford Alpine Gardens for installation of specimen trees and shrubs in the Gardens� in Ford Park so that they can be enjoyed by Vail visitors and residents alike. Please let me note that we feel very strongly that there should be substantial penalties against the developer of Crossroads for any loss of or noteworthy damage to our trees and shrubs caused by construction so that it is not economically advantageous to the developer to pay little attention to the well-being of the trees and shrubs during construction with the expectation that he can just replace lost or damaged trees at relatively modest cost to him. The mature trees, particularly, absolutely cannot be replaced with ones of like size and their demise would be a noteworthy loss not only to us but also to the Town of Vail. We request that the time frame for determination of loss or noteworthy damage to the trees and shrubs be three years past construction completion since it can take quite some time for the results of damage to show up in mature tree specimens like those in question. There is one more matter which we request be in included in the approval of the Crossroads project: � 4. A requirement that Crossroads have a shoring agreement with Village Inn Plaza, Phase III, Condominium Association (all reasonable RE: Crossroads Redevelopment, 3/19/06 page 4 � and usual costs associated with this, including engineering studies, being borne by Crossroads) which fully protects not only our condominium building but also the driveway on the east side of our ' building which accesses our garage. � Let me thank ou in advance for an assistance which ou can �' Y Y Y � give us in having the above noted� items included in the Crossroads approval process. We remain willing to work with you and others to achieve a mutually beneficial result for the new Crossroads, for our Association, and for the Town of Vail as a whole. � � Respectfully submitted, � � D. Deane Hall, Jr. �' President, Board of Managers Village Inn Plaza, Phase III, Condominium Association � �; �" � � � �'" �' � � � Jan '0�5 N4ode1 � r _- - � I��' � - �. � �� „ w.-. � --�� .� -a�,,,,,� - . � q �_ ,' .� `:�.�� _.._._� � - f _ � P- � � �.� �r° �, r. - `s - � � ..�'y� � ' ,�„ � .a..e�•wxn.�s ..,�.,�, . '�r �� —�� _ � � Yr �� .�� . ,� .�. , : .... � ,�'` --- .'.`,� � -�--.-�' .,� � `"'�.. As Built Grade Height: +38.0 feet Fly mode: ON 60.0 degress of view angle • • .rdr� �� r�7��iPt �a� V'�N � _ ,�, _,,.— � � _�. .�— eF . ., _ . _ � -:� _ � -��,�;�. � � � . ,. � n�: P ,� . a . _ . �� _ � . 4 � �., � w �. ; _,_,., � y � . � �;-� �� , ._, � - i4 � i ` � � � ...� �� ` � � � r �" �' � ti � �� . �r► � : �� -�.`" � �...�.-� ''� � ;:� ,�. 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'_ ... +�'° ..>u. �».-_. .-..:.... :_� � '"'�.._.. d .'. ._.y ' As Built Grade Height: +75.0 feet Fly mode: ON 60.0 degress of view angle • � � � MEMORANDUM � � TO: Vail Town Council � FROM: Community Development Department �` � DATE: March 21, 2006 � SUBJECT: Second Reading of Ordinance No. 5, Series of 2006, an ordinance � establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. �: �' Applicant: Crossroads East One LLC and Crossroads West One, �' LLC, represented by Mauriello Planning Group, LLC. Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicants, Crossroads East One LLC and Crossroads West One, LLC, � represented by Mauriello Planning Group, LLC, is requesting a second reading of ��. Ordinance No. 5, Series of 2006, an ordinance establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. The � purpose of Ordinance No. 5, Series of 2006, is to facilitate the redevelopment of � Crossroads, located at 141 and 143 Meadow Drive. �? The staff and applicant are requesting that the Town Council listen to a � presentation on the proposed ordinance and approve Ordinance No. 5, Series of 2006, upon second reading. II. BACKGROUND On January 3, 2006, Staff went before the Town Council to discuss finro 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 a�rmed four assumptions staff has made in the previous review of the project. On January 23, 2006, the Town of Vail Planning and Environmental Commission � held a public hearing on a request to establish Special Development District Na �, 39, Crossroads. �" The applicant received approval for the establishment of a new special development district with the following deviations: � Y 1 5'; • A maximum allowable building height of 99.9 feet versus 38 feet, � � • An increase in allowable density to 26.1 units per acre versus 18 units per � acre (22 dwelling units over allowable number of dwelling units), �' • An increase in allowable Gross Residential Floor Area to 199,830 square � feet versus 46,051.6 square feet, �' • An increase in site coverage to 107,772 square feet versus 86,346 � square feet; �; • Encroachments of the proposed structure into the required setbacks on the north, south, west and east property lines. �; � Upon consideration of the request, the Commission voted 5-2-0 (to forward a � recommendation of approval with conditions of the request to the Vail Town � Council. The conditions recommended by the Planning and Environmental �. Commission have been incorporated into the proposed Ordinance. �! �: On February 7, 2006, the Town Council approved Ordinance 5, Series of 2006, by a vote of 4-3-0 (Slifer, Logan, Foley opposed) � � On March 7, 2006, the Town Council unanimously voted to table the second � reading of Ordinance 5, Series of 2006, to the March 21, 2006, hearing. � III. ZONING ANALYSIS �� December 12, 2005 Proposal � The following is the zoning analysis of the proposal the PEC recommended � � � approval of with conditions on January 23, 2006. The deviations to the �° prescribed development standards are shown in bold text in the table below. �' �: Development Standard Allowed Proqosed �` Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) � �' Buildable Area: 115,129 sq. ft. � Setbacks: � Front(Frontage Road): 20' 3' to 19' � West Side: 20' 3' (loading dock)to 25' � East Side: 20' 0' to 25' �'' Front(Meadow Drive): 20' 0' to 150' � � Building Height: 38' 99.9 ft. � Density: 18 units/acre 26.1 units/acre � 47.5 D.U.s 69 D.U.s �' � � GRFA: 46,051.6 sq. ft. 199,830 sq. ft. �, (40%) (173.6%) � � Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. � � (75%) (93.6%) � � � 2 �; �` � �' � � �' � � �'i Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft. � R (20% total site) (41.0% total site) Minimum Softscape of total permitted � 18,420.6 sq. ft. 18,581 sq. ft. �' (80%) (39.4%) �' Maximum Hardscape of total permitted �, 4,605.1 sq. ft. 28,611 sq. ft. � (20%) (60.6%) �' Parking: 235 spaces 338 spaces (103 surplus spaces) �` �: IV. STAFF RECOMMENDATION � � The Community Development Department recommends that the Vail Town � Council approves Ordinance No. 5, Series of 2006, upon second reading. V. ATTACHMENTS A. Ordinance 5, Series of 2006 B. Draft of Proposed Developer Improvement Agreement C. Copy of the proposed plans for redevelopment dated December 12, 2005 � D. Copy of the staff memorandum to the Planning and Environmental � Commission dated January, 23, 2006 � � � �` �' �:- � � �' � � �' � � � �: � � � �: � � �' � 3 � �, �: � � ORDINANCE NO. 5 � Series of 2006 �°� AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO.39,CROSSROADS, �' PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT(SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. �' � � W HEREAS,Title 12,Zoning Title, Chapter 9,Article A,Special Development(SDD)District, � Town Code of Vail establishes a procedure for establishing special development districts; and �` � �, WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and � WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on January 23, 2006, on the application to establish Special Development District No. 39, � Crossroads, in accordance with the provisions of the Town Code of Vail; and �` �` WHEREAS, upon due consideration, the Planning and Environmental Commission of the �; Town of Vail found that the request complies with the design criteria prescribed in the Title 12, � Zoning Regulations,Vail Town Code, and furthers the development objectives of the Town of Vail; �` and � �' WHEREAS,the Planning and Environmental Commission of the Town of Vail has forwarded �. a recommendation of approval with conditions by a vote of 5-2-0 of this request to establish Special Development District No. 39, Crossroads, to the Vail Town Council; and € W HEREAS,the Vail Town Council finds that the request to establish Special Development �; District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12,Zoning Title, � Town Code of Vail;and provides a harmonious,convenient,workable relationship among land uses consistent with municipal development objectives; and � W HEREAS,the Vail Town Council considers it in the interest of the public health,safety,and � welfare to adopt Ordinance No. 5, Series of 2006,and establish a new special development district �> in the Town of VaiL � � NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF � VAIL, COLORADO, THAT: �' � Text to be deleted is shown as s#�il�e�t�and text to be added is shown in bo/d �;' italics. � � � � �; Ordinance No.5,Series 2006 � �: � � � �. � Vail Town Council Attachment: A � � � � � Section 1. District Established �t Special Development District No. 39, Crossroads, is established for development on finro � �" parcels of land, legally described as Lot P and A Part of Tract C, Block 5D,Vail Village Filing �" 1,which comprise a total of 115,129 square feet(2.643 acres)in the Vail Village area of the � Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development District No.39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No.39,Crossroads,shall be Commercial Service Center(CSC) District. � � Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the � Approved Development Plan for Special Development District No.39,Crossroads,complies � with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code � of Vail. The Approved Development Plan for Special Development District No. 39, �` Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Bames Coy Architects and Davis Partnership Architects, entitled "Crossroads RedeveloqmenY', dated December 12, 2005, �' and stamped approved March 7, 2006. � �, Section 3. Development Standards � In conjunction with the Approved Development Plan described in Section 2 herein, the �' following development standards are hereby approved by the Vail Town Council. These �' standards are incorporated in the Approved Development Plan to protect the integrity of the �' development of Special Development District No. 39, Crossroads. The development � � standards for Special Development District No. 39, Crossroads, are described below: � 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, �. and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, � Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the �'' �; uses upon the plaza level tenant spaces to"retail/restauranP'uses solely and shall not be utilized for "professiona/offices, business offices, and studios" �: uses, as defined in Title 12. A professional o�ce intended for real estate �. sales may be allowed on the plaza level of the building for a period of finro � years following the date of the issuance of a temporary certiflicate of � occupancy ora final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit � B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet(2.643 acres). � C. Setbacks: The minimum setbacks for Special Development District No. 39, �', Crossroads,shall be as indicated on the Crossroads Approved Development � Ordinance No.5,Series 2006 2 � �` �; �, �` Plan, described in Section 2 herein. �' � D. Height: The maximum allowable buildin hei ht for S ecial Develo ment 9 9 P P District No. 39, Crossroads shall be ninety-nine and nine tenths feet(99.9'), �. and as indicated on the Crossroads Approved Development Plan,described a in Section 2 herein. �; E. Density Control: The maximum allowable Gross Residential Floor Area � (GRFA) for Special Development District No. 39, Crossroads, shall be �` 199,830 square feet and the maximum allowable density shall be sixty-nine � (69)dwelling units, and five(5)attached accommodation units,as indicated �{ on the Crossroads Approved Development Plan, described in Section 2 herein. �; �`' F. Site Coverage: The maximum allowable site coverage shall be ninety-three � and six tenths percent(93.6%)or 107,772 square feet of the total lot area, �; and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. � � �. G. Landscaping and Site Development: At least twenty percent (20%) of the � total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of � not less than three hundred (300) square feet. The landscaping and site � development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. � � � H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half(1/2)of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in � Section 2 herein. � Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the � establishment of Special Development District No. 39, Crossroads: � The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare a written agreement for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements,as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events - which may include the �� establishment of an easement on the plaza and language in the covenants and � declarations for owners of property in the project regarding the use of the plaza � Ordinance No.5,Series 2006 3 � �' � � �' for special events; inclusion of the loading and delivery facility in the overall � loading and delivery system, payment of traffic impact fees and credits given to offset fee, details for funding public art, and details for providing additional landscaping in the area between Vail Village Inn Phase III and the proposed Crossroads to address the screening needs befinreen the buildings. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building �; permit): � 1. The Deve/oper shall submit a �re and life safety p/an for review and approva/by the Town of Vail Fire Department 2. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board prior to submittal of an application for a building permit. 3. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. � 4. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 5. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 6. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail ' Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 7. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to stafffor review and approval with the application for a building permit. Ordinance No.5,Series 2006 ,4, � � �>; r:. 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$S;AAA$6,500 per net � �" trip increase in p.m. traffic, or$�4�AAA$442,000. This impact fee shall not be � offset by any public improvement. � � � 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. � This includes, but is not limited to, the proposed streetscape improvements. �` �' 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second � reading of the ordinance establishing Special Development District No. 39, and � continue diligently toward the completion of the project. If the developer does not �" begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A- 4, Vail Town Code. s 4. The Developer shall provide deed-restricted housing that complies with the Town � � of Vail Employee Housing requirements(Chapter 12-13)for a minimum of si*{6� twelve(12)beds generated by the redevelopment of Crossroads, and that said deed-restricted employee housing shall be made available for occupancy, and ' that the deed restrictions shall be recorded with the Eagle County Clerk & �' Recorder, prior to issuance of a temporary certificate of occupancy or �nal � certificate of occupancy for the Crossroads project. The required Type I I or I I I � deed-restricted employee housing units will be regulated by the Town of Vail � Employee Housing requirements(Chapter 12-13). . The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or III units depending on the zone district in which they are located and by the appropriate review process.-�e , , • The deve/oper shall be required to/ocate the twelve(12)required emp/oyee beds within the Town of Vail boundaries. 5. The approval of SDD No. 39, Crossroads,shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be � utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved � Development Plan shall be converted to a residential dwelling unit. Temporary Ordinance No.5,Series 2006 rJ � � �, �; �' � � ��;`�� real estate sales es may be aliowed on the plaza level of retail during the first � two years following the issuance of a temporary certificate of occupancy or certificate of occupancy in order to allow effective sales of dwelling units on-site. �' Section 5. If any part,section,subsection,sentence,clause or phrase of this ordinance is for any reason held to be invalid,such decision shall not effect the validity of the remaining portions of this ordinance;and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, � regardless of the fact that any one or more parts,sections,subsections,sentences,clauses � or phrases be declared invalid. �! � Section 6. The Vail Town Council hereby finds, determines and declares that this � ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding,determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. � Section 7. The amendment of any provision of the Town Code of Vail as provided in this � ordinance shall not affect any right which has accrued,any duty imposed,any violation that � occurred prior to the effective date hereof, any prosecution commenced, nor any other � action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws,orders, resolutions and ordinances,or parts thereof, inconsistent �' � herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore � repealed. . � INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED � PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of February, 2006 and a �; public hearing for second reading of this Ordinance set for the 21 St day of March, 2006, at �` 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorada �' Rodney E. Slifer, Mayor ATTEST: �' Lorelei Donaldson, Town Clerk �` � Ordinance No.5,Series 2006 6 � � � � INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND � ORDERED PUBLISHED IN FULL this 21St day of March, 2006. Rodney E. Slifer, Mayor ATTEST: � Lorelei Donaldson, Town Clerk � � � �: � �. � �;; � �: �:; Ordinance No.5,Series 2006 7 � �- �` < "� ��, � _ �� , <.`° � CROSSROADS DEVELOPMENT AGREEMENT � � THIS CROSSROADS DEVELOPMENT AGREEMENT (this "AgreemenP') is made effective as of the _ day of March, 2006, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), and CROSSROADS EAST ONE, LLC, a Colorado limited liability company ("Crossroads"). RECITALS: A. Crossroads intends to redevelop certain real property in the Town of Vail, commonly known as Crossroads at Vail, which is located in Special Development District No. 39, legally �`i described on Exhibit A attached hereto and incorporated herein by reference (the "Property„) ° �' B. The Town, through its appropriate boards and reviewing agencies, including its Planning and Environmental Commission, has approved plans to allow for the redevelopment of the Property pursuant to Town of Vail Ordinance No. 5, 2006 (the"Crossroads Project"). C. Pursuant to the Crossroads Approvals, hereinafter defined, and to further mitigate the impact of the Crossroads Project, Crossroads has agreed to provide certain public benefits and � improvements as more specifically described and defined herein. � NOW, THERFORE, in consideration of the above premises and the mutual covenants � and agreements set forth herein, the parties agree as follows: � �, l. References to the Crossroads A�provals. The "Crossroads Approvals" shall refer to those plans, specifications and agreements approved by the Town for the Crossroads Project. The "Final Plans" include the plans approved as part of Town of Vail Ordinance No.S, Series 2006, plans approved by the Town's Design Review Board (the "DRB"), and construction plans approved in connection with any building permit. 2. Required Improvements—Allocation of Responsibility. The parties hereby agree that if Crossroads obtains a building permit and commences construction of the Crossroads Project, Crossroads shall be responsible for the following improvements as more specifically set forth below(the"Required Improvements"): a. Public Improvements: Pursuant to the Crossroads Approvals, Crossroads is responsible for designing, installing and constructing (as applicable) the following improvements, as depicted on the Final Plans (the"Public Improvements"): i. New heated paver sidewalks along the south side of South Frontage Road, the north side of East Meadow Drive, and the west side of Village Center Road. ii. New curbs and gutters along South Frontage Road, East Meadow Drive, Willow Bridge Road and Village Center Road. �' � � � Vail Town Council Attachment: B � � �� ' �• = �„ a .. .. ',� iii. A new raised median in South Frontage Road with new landscape materials and � irrigation facilities. iv. Street lighting, as approved by the DRB, on South Frontage Road, East Meadow �, Drive, Willow Bridge Road and Village Center Road. � v. Storm drainage improvements ad'acent to the Pro ert and alon South Fronta e � J P Y g g � Road, East Meadow Drive, Willow Bridge Road and Village Center Road to �' adequately convey storm-water runoff. vi. Reconstruction of Village Center Road, including the installation of heat tubing � for connection by the Town to a Town heat source, the connection to the heat source, all costs of providing the heat source, the maintenance of the heat source �'` and heat tubing, costs allocated for heating Village Center Road, landscape materials, construction of a utility conduit trench system, street lighting, concrete unit pavers and the required subsurface support system. Crossroads shall be responsible for heating Village Center Road for the life of Special Development � � District No. 39, Crossroads (the"SDD"). � vii. Reconstruction of East Meadow Drive and Willow Bridge Road, including the � installation of heat tubing to be made available to the Town for future connection by the Town to a Town funded heat source (not yet determined), landscape materials and planters, construction of utility conduit trench system, street � lighting, concrete unit pavers and the required subsurface support system. viii. Crossroads shall be responsible for the heat and snowmelt facilities, including the � heat plant and heat distribution system, required for the sidewalks along the south side of South Frontage Road, the north side of East Meadow Drive and the west side of Village Center Road, the Plaza (as hereinafter defined), other walkways within the Property boundaries, and the ongoing operation and maintenance of such facilities. Notwithstanding the foregoing, Crossroads may install and operate the heat plant and heat distribution system in locations satisfactory to Crossroads, in its ordinary business judgment, in such azea(s) as are specified on the Final Plans. ix. Crossroads shall be responsible for irrigating and maintaining all landscape areas and plant materials within the public right-of-way located directly adjacent to the eastern-most portion of the Property, as depicted on the Final Plans. ' �'; b. Other Required Improvements: Pursuant to and in accordance with the Crossroads Approvals, Crossroads is also responsible for providing, constructing, operating and maintaining(as applicable)the following improvements: i. Public Plaza: The Crossroads Project includes a plaza of approximately 24,130 sq. ft. (the "Plaza"). Once construction of the Crossroads Project is complete, as evidenced by the issuance of a temporary certificate of occupancy, and subject to the additional terms and conditions contained herein, Crossroads or its designee � � shall transfer, assign or otherwise convey to the Town (or a Town-controlled � Agmt-DIA Crossroads(FINAL) 2 �'; � �; � �� `�.��a �� , � �?�.g'a general-improvement district) the authority to operate the Plaza for the public � � benefit, as more specifically described in Section 3 below. � ii. Ice Rink.• The Plaza will include an ice rink (the "Ice Rinl�') during the Ski �' Season, as hereinafter defined. �. � A. Barring any climatic anomalies, Crossroads shall operate the Ice Rink during �' Ordinary Operating Hours, as defined below, throughout the Ski Season. Each year, the "Ski Season" shall commence the Saturday before � Thanksgiving and run until the last day of operation of the Vail Mountain ski lifts. "Ordinary Operating Hours" shall mean those hours of operation observed by similarly situated skating facilities in the ordinary course of ' �'; business. �, �' B. The general public shall have access to the Ice Rink free of charge, subject to � such reasonable rules and regulations as Crossroads may determine from time to time. � � C. Crossroads shall install, maintain and operate refrigeration equipment �` adequate to maintain a suitable ice surface throughout the Ski Season without � the use of sunscreens or sunshades; provided, however, that the Plaza may include—subject to DRB approval—sunscreens or sunshades for aesthetic reasons unrelated to the quality of the ice surface. The refrigeration equipment, sunscreens and/or sunshades, if any, shall be as depicted on the � � � Final Plans. D. Sub'ect to Force Ma'eure Dela s as defined below Crossroads shall � J J Y > > commence Ice Rink operations no later than 6 months after the issuance of a temporary certificate of occupancy for the Crossroads Project. . � E. Crossroads shall operate the Ice Rink in good faith for the life of the SDD. � F. During the Ski Season, Crossroads sha11 operate a concession facility to rent ice skates at commercially reasonable rates. iii. Public Art: Crossroads shall provide at least $1.1 million in public art to be � � located on Crossroads Project site (the "Public Art"). The Public Art required hereunder must be (A) approved by the Town Council upon recommendation from the Art in Public Places Board, such approval not to be unreasonably delayed or withheld, and (B) located in plain-sight, open area(s) of the Crossroads Project to ensure that it may be viewed and enjoyed by the public. Applications for approval by the Town shall be accompanied by a narrative and visual description of the artwork, a schedule for installation, an itemized budget, the artist's resume and a maintenance plan. All Public Art shall be installed within 1 �'' year after the issuance of a temporary certificate of occupancy for the Crossroads � Project and remain in place for the life of the SDD; provided, however, that � � Crossroads may, with the Town's prior written approval, remove and replace all or any portion of the Public Art. Notwithstanding the foregoing, if, after meeting �' � Agmt-DIA Crossroads(FINAL) 3 � � � :�:.�1a�. `�:� ` s �:�� :'.T � its $1.1 million obligation hereunder, Crossroads elects to install additional � artwork in open areas of Crossroads Project, such artwork shall not be subject to the provisions of this paragraph. Further, notwithstanding anything to the contrary contained herein, all artwork on the Property, including, without �' limitation, the Public Art, shall be the exclusive property of Crossroads. �' iv. Loading Berth: The Crossroads Project shall include a five-berth loading and delivery facility as depicted on the Final Plans (the "Loading Berth"). Crossroads agrees to make the Loading Berth available, free of charge, for use by area businesses as part of the Town's dispersed loading and delivery program. Crossroads and the Town shall jointly establish reasonable rules and regulations � governing the use of the Loading Berth in order to accommodate Crossroads � loading and delivery needs and prevent Crossroads from bearing any undue risk � associated with public use of the facility. Crossroads agrees to provide access to �` the Loading Berth from the Plaza Level via elevator or other conveyance, as shown on the Final Plans. � v. Bus Waiting Area: The public may use the portion of the southwest corner of the Plaza and the stairs adjacent thereto (as shown on the Final Plans), as a waiting area for the Town's in-town shuttle(the"Bus Waiting Area"). � � vi. Restrooms: The Crossroads Project includes public restroom facilities on the Plaza Level and the Garage Level, as depicted on the Final Plans (the "Public � Restrooms"). The Public Restrooms shall be open, available and readily � accessible to the general public from 6am until 2am each day and shall be � appropriately signed to facilitate public use. Crossroads shall be responsible for �' operation and maintenance of the Public Restrooms. � A vii. Bowling Alley and Movie Theater: The Crossroads Project includes a space that � will be developed as a three-screen movie theater (the "Movie Theater") and a g' space that will be developed as a ten-lane bowling alley (the `Bowling Alley"). �' The improvements necessary for the operation of the Movie Theater and Bowling Alley will be completed prior to the issuance of a temporary certificate of occupancy for the residential component of the Crossroads Project, or any portion thereof. Crossroads shall operate the Movie Theater and Bowling Alley in good �`` faith for the life of the SDD and in material conformity with standards gerrerally � and ordinarily observed by recognized first-class operators of similar facilities in � the Denver metropolitan area. �' � A. Change of Use—Crossroads. Crossroads shall provide not less than 90 days' � notice to the Town of its intent to discontinue operating the Bowling Alley or Movie Theater. Additionally, any change of use (permitted or conditional) or � deliberate discontinuance of Movie Theatre or Bowling Alley operations for � more than 90 consecutive days or for 100 days out of any 180-day period shall �: require Crossroads to obtain a major amendment to the SDD authorizing such �` change of use or discontinuance. Any proposed change of use must provide � � "public amenity" in the same sense as the Bowling Alley and Movie Theater � � � Agmt-DIA Crossroads(FINAL) 4 �; � � �',` F �''.�.�� .i=�s�', �: provide public amenities. � B. If Crossroads has not in ood faith submitted a r uest for an amendment to g � the SDD, reasonably acceptable to the Town, within 4 months after Crossroads' deliberate discontinuance of Movie Theatre or Bowling Alley operations, Crossroads shall pay to the Town: $5,000 per day for each day that � the Bowling Alley, or other Town-approved public amenity, is not operated in the Bowlin -Alle s ace• and $2 000 er da er Screen hereinafter � g Y P , , P Y, P � �, defined), for each day that the Movie Theater, any Screen contained therein or other Town-approved public amenity, as applicable, is not operated in the Movie-Theater space. The Town may adjust the foregoing amounts from time � to time by multiplying each by the cumulative increases in the Consumer � Price Index, taking the year in which the Bowling Alley and Movie T'heater �' are granted temporary certificates of occupancy as the base yeax. "Screen" �' shall mean any of the three Movie Theater screens depicted on the Final Plans. �' C. In addition to the foregoing, Crossroads shall operate the Movie Theater and Bowling Alley year-round, in good faith, for the life of the SDD and shall not, in any event, suspend operations solely to avoid the economic consequences � of poor attendance during seasonal lulls in local tourism. If Crossroads ceases operations in violation of this paragraph for more than 30 consecutive days or for 40 days out of any 60-day period, Crossroads shall pay to the � ,� Town the amounts set forth immediately above for each day that the relevant � operation(s)remain closed. c. Offsite Improvements: The Required Improvements shall be as described in the Crossroads Approvals and depicted on Final Plans. To the extent Crossroads has ongoing obligations with respect to the Required Improvements that are to be located within properties owned by the Town (the "Offsite Improvements"), the Town shall grant Crossroads a perpetual easement allowing Crossroads to fulfill such obligations, as more specifically set forth below. All Offsite Improvements shall be constructed using the same specifications, design and materials utilized by the Town for similar work. The DRB shall review all plans and specifications for the Offsite Improvements. The Town shall inspect and approve all work associated with the Offsite Improvements. �_ i. Construction and Maintenance Easement: The Town hereby grants and declares, � for the benefit of Crossroads and its designees from time to time, a non-exclusive easement (the "Construction and Maintenance Easement") for the construction and installation (as applicable) of those portions of the Offsite Improvements that �' are to be located within properties owned by the Town. Those parties are further authorized to enter those properties and undertake therein any related construction warranty work or subsequent repairs or maintenance for which Crossroads may otherwise be obligated and which pertain to the Offsite Improvements that remain in place from time to time, with Crossroads' obligations in this regard being conditioned on the effectiveness of this authorization or other authorization provided by the Town allowing for timely entry. . �" �' Agmt-DIA Crossroads(FINAL) 5 �' �; $� r�,�. �� $"'i�'a .�#%EZi-:: d. Employee Housing: Crossroads shall provide the Town deed restricted employee � housing sufficient to accommodate 12 occupants by executing appropriate restrictive � covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall � conform to the following floor area requirements: 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 azea 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. e. Traffic Impact Fees: Crossroads acknowledges and agrees that the Crossroads Project may generate 68 additional PM peak hour trips and agrees to pay the Town a traffic impact fee of $6,500 per PM peak hour generated trip, for a total of $442,000 (the "Tra�c Impact Fee"). The parties further acknowledge and agree that the obligation to pay the Traffic Impact Fee shall be a condition of the issuance of a building permit for the Crossroads Project;provided, however, that payment of the fee shall not be required � � until the issuance of a temporary certificate of occupancy for the Crossroads Project. � Crossroads agrees that this Traffic Impact Fee has been fairly and properly calculated to � offset the impacts created by the Crossroads Project. The parties further acknowledge and agree that the Traffic Impact Fee shall be used by the Town working cooperatively with CDOT for improvement to the South Frontage Road to accommodate a future turn- around or other warranted improvement. f. Opefating Covenant. The Crossroads Project includes the development of residential condominiums,retail and commercial space. i. The residential portion of the Crossroads Project includes a lobby, front desk and concierge facilities. Crossroads and the Town shall enter into an Operating Covenant Agreement requiring Crossroads to operate the lobby, front desk and concierge facilities (the "Lobby Amenities") in material conformity with the standards generally and ordinarily maintained by any recognized first-class hotel operator for the life of the SDD. ii. The Project includes commercial and retail space on the Plaza Level and Promenade Level as depicted on the Final Plans. The Operating Covenant Agreement shall require the retail and commercial space, including, without limitation, the Movie Theater and Bowling Alley, to be owned and operated as a unified commercial enterprise ("Unified Commercial Enterprise') for the life of the SDD. � � Agmt-DIA Crossroads(FINAL) 6 � � <,�,<i�.�� ` :=!ipt"i �` g. Condominium Covenants, Conditions and Restrictions: Prior to the approval of the final lat and condominium ma for th � � p p e Crossroads Pro�ect, the Town shall review and approve the Condominium Covenants, Conditions and Restrictions (the "CC&R's") for �' the Crossroads Project. Crossroads shall be required to include in CC&R's, or other �": appropriate condominium document(s), provisions allowing public activities and events � on or about the Plaza in conformance with provisions of this Agreement. � h. Parking Management. Before applying for a building permit for the Crossroads Project, �' Crossroads must submit and the Town Council must approve a parking management plan �' (the "Parking Management Plan") which sets forth, in sufficient detail, the proposed use, � operation and management of the parking facility planned in connection with the Crossroads Project (the "Parking Facility"). The Town Council shall approve the � Pazking Management Plan so long as it is reasonably calculated to (i) maximize the use �, and occupancy of the Parking Facility and (ii) ensure that spaces not used by owners of � residential condominium units or by commercial tenants or owners are available to the � general public to the greatest extent possible. Such approval shall not be unreasonably �; withheld or delayed. � �; i. Improvements to Yail Village Inn Phase 3 Property: Pursuant to the Site Plan, � Crossroads shall provide the following improvements to the Vail Village Inn Phase 3 property, if, and only if, allowed by the Vail Village Inn Phase 3 Condominium � Association (the "Association"). If the Association does not agree to the improvements as proposed by Crossroads and the easement documentation required by Crossroads to � evidence same, then Crossroads is hereby relieved of any requirement to provide said improvements. Crossroads proposes to fund, install, and construct (as applicable) the following improvements: � � �� ` �: i. Four (4) large evergreen trees (20' in height) will either be relocated or planted new in the area indicated on the Final Plans, subject to direction on the exact location provided by the Association. Continued maintenance of these trees shall be the responsibility of the Association; ` �' �' ii. A private pocket park is to be created in the area shown on the site plan partially located on the property of the Association and partially on the Crossroads � property. The park will contain landscape area, walkways, benches, and plant �` materials including trees as proposed by Crossroads. Crossroads will fund the construction of these improvements. The individual property owners will be responsible for continued maintenance of the improvements. Each property owner will maintain the improvements within his/her property; and iii. The stairs indicated on the site plan will be converted to an ADA accessible ramp � that extends onto the property of the Association. Crossroads will fund the � construction of these improvements, but continued maintenance of the improvements will be the responsibility of the individual property owners. Each � property owner will maintain the improvements within his/her property. � j. Crossroads shall dedicate a non-exclusive public access easement on the west side of the � � � �: Agmt-DIA Crossroads(FINAL) 7 � � I� �' �'.:��;�,�� ,.xm �:� # .. � Crossroads Project connecting the Vail Village Inn Phase 3 to East Meadow Drive and � � the Plaza, as depicted on the Final Plans. �, �,: �� 3. Special Taxing Districts and Public Finance. The parties intend that the construction, use, � operation and maintenance of the Public Improvements and certain other Required Improvements will be governed by and financed through the creation of one or more �' metropolitan districts, established pursuant to C.R.S. § 32-1-101 et seq. (the"Special District AcP'), and a single general-improvement district, established pursuant to C.R.S. § 31-25-101 et seq., as more specifically described and defined below (collectively, the "Special Taxing �. Districts") . The parties believe that this structure will: (a) properly allocate the various �'! rights and responsibilities associated with the construction, use, operation and maintenance �' of the Required Improvements; (b) reinforce the public character of the Plaza by placing its management in the hands of public, quasi-governmental entities; (c) grant the Town authority � to control the use of the Plaza and the operation and maintenance of certain other Required � �: Improvements; and (d) provide a reliable, enduring financing mechanism to ensure the long- ;: term vitality of the Required Improvements. For purposes of this Section 3,references to the �' "Required Improvements" shall mean only those Required Improvements that qualify for � public financing under Colorado law. In consideration of the foregoing, the parties agree as �` follows: � � �: a. The Town will permit and provide requisite approvals for the formation of not more than two metropolitan districts proposed by Crossroads, whose boundaries will be coextensive � with the Property limits (the "Metropolitan Districts"). The service plan for the �' Metropolitan Districts (the "Service Plan") will authorize the Metropolitan Districts to � � undertake the construction, financing, operation and maintenance of the Required � Improvements, or applicable portions thereof. In addition, the Service Plan will limit the � Metropolitan Districts' powers to: (i) constructing the Required Improvements; (ii) � operating and maintaining all Required Improvements not operated and maintained by � the GID (hereinafter defined), as more specifically set forth below; (iii) securing � financing necessary to perform such functions through the imposition of property taxes � and development fees; and (iv) taking such other actions and exercising such other � powers, consistent with the Special District Act, as are necessary for or incidental to the � performance of the Metropolitan Districts' duties as outlined in the Service Plan. � � b. Concurrent with and subject to the formation of the Metropolitan Districts for the � purposes contemplated hereunder, Crossroads will execute a petition for the formation of a single general-improvement district, whose boundaries will be coextensive with the �'' Property limits (the "GID"). The GID will be authorized to undertake, pursuant to an � intergovernmental agreement with the Metropolitan Districts (the "IGA"), the management, operation and maintenance of certain Required Improvements and the financing required in connection therewith. The IGA will expressly limit the GID's �.` powers to: (i) controlling the use of the Plaza; (ii) operating and maintaining certain �. Required Improvements; and (iii) securing financing necessary to perform such � functions. � �: � c. Subject to the other provisions of this Section 3, the Metropolitan Districts will delegate, � assign or otherwise convey to the GID the authority to control the use of the Plaza, � � � � Agmt-DIA Crossroads(FINAL) 8 � � �; �.` 'k t ' -y&d`}.�,. �: ... S -, a� . . , � pursuant to the terms of the IGA, for the life of the SDD. Such authority shall include, � � without limitation, the power to plan, program, schedule, administer and regulate all �, public and special events conducted on the Plaza and otherwise use and run the Plaza for � the public benefit; provided, however, that all Plaza uses including, without limitation, �' public and special events, must be consistent with ordinary uses for similar public parks �' within the Town. Although the Town-run GID will have the authority to control the use �. of the Plaza, within the parameters of the IGA, the Metropolitan Districts will retain the � responsibility for maintaining the Plaza in material conformance with the standards � generally and ordinarily observed by any recognized first-class hotel operator (the �: "Operating Standard"). If the Metropolitan District fails to maintain the Plaza consistent � with the Operating Standard, the Metropolitan District shall delegate, assign or otherwise � convey to the GID the authority to maintain the Plaza for the life of the SDD;provided, � however, that the GID shall be required to maintain the Plaza in compliance with the � Operating Standard, the IGA and any other agreement(s) or instrument(s) bearing on the � operation and maintenance of the Plaza. �. �, d. In addition to the foregoing, the parties agree that the following provisions shall govern �. the use and operation of the Plaza: � i. The public shall have free and unrestricted access to the Plaza, except during � public and special events approved by the GID. � � � ii. No special events shall conclude after 11:OOpm without the prior written consent � of Crossroads and the Metropolitan Districts. �; � � � iii. Crossroads shall have the right to schedule and conduct 15 special events each � calendar year; provided, however, that Crossroads shall be required to schedule � and conduct such special events in accordance with the GID's procedures in effect �; from time to time. � � iv. The party conducting the special event shall be responsible for all costs associated with the special event, including the cost of cleaning the Plaza consistent with the �` �: Operating Standard and restoring the Plaza to the condition that existed prior to � the occurrence of the special event. To the extent that the party conducting the �' special event cannot complete such cleanup and restoration prior to 11:OOpm on the night of the special event, such party shall complete the remaining cleanup and restoration between 7:OOam and 10:00am on the following morning. � v. All special events shall be conducted in such a manner as to allow free and � unrestricted access to the commercial establishments adjacent to the Plaza at all �' times. �' 4. Bonding For Public Improvements. The parties hereby acknowledge and agree that, except � as otherwise expressly provided herein, no certificates of occupancy, temporary or � permanent, will be issued for the Crossroads Project until Crossroads has: (a) completed the � Required Improvements as set forth in Section 2 above; or (b)posted or caused to be posted � �' security for the remaining incomplete items with the Town (by letter of credit or other ` � Agmt-DIA Crossroads(FINAL) . 9 � � �: � �' �'; :��,"��x� �.� ��, ."�t�►�� ? _ reasonably acceptable financial device), in an amount equal to 125% of the projected � construction costs of those remaining items. 5. Schedule for Performance. Crossroads agrees to commence Vertical Construction, as hereinafter defined, not later than 3 years following final non-appealable approval of Town of Vail Ordinance No. 5, Series 2006. "Vertical Construction" shall mean above ground construction of the frame or at least one elevator core. 6. Certificate of Compliance. It is agreed that, upon completion of any of the Required � Improvements contemplated by this Agreement and the expiration of the warranty period (as � defined below), the Town shall, upon the request of the party responsible for the particular �` Required Improvement(s), execute a certificate stating that such improvement(s) have been constructed in compliance with this Agreement. Said certificate shall not be unreasonably withheld if the requesting party has completed the improvements in a good and workmanlike �` manner, consistent with the Final Plans. � �' � 7. Warrantv. Crossroads shall warrant any and all Offsite Improvements for which it is responsible hereunder for a period of 2 years from the date of substantial completion, as � evidenced by the issuance of a temporary certificate of occupancy ("Substantial �' Completion"). Specifically, Crossroads shall warrant that any and all offsite physical �; improvements required by this Agreement which are conveyed, dedicated or otherwise done for the benefit of the public shall be free from any defects in materials and workmanship, and free from any security interest, monetary lien or other encumbrance for a period of two 2 � � years from the date of Substantial Completion. 8. Liability of Successors. The provisions hereof touch and concern and run with the ownership � of the Property. However, Crossroads' rights and obligations as set forth in this Agreement, � including, without limitation, Crossroads' responsibilities with respect to the Required �' Improvements (the"Development Obligations"), shall be assignable as set forth below: � a. Subject to and in accordance with the provisions of Section 3 above, Crossroads will � assign to the Metropolitan Districts the authority to construct, operate and maintain the Required Improvements, or eligible portions thereof, to the extent the same qualify for public financing under Colorado law. b. In addition to the foregoing, Crossroads may assign the operation and maintenance of any Required Improvements that do not qualify for public financing under Colorado law (including, by way of example, the Lobby Amenities and the Parking Facility) to any owners' association formed in connection with the Crossroads Project. c. Except as otherwise set forth in this Section 8, Crossroads may assign the Development �' Obligations, or relevant portions thereof, to any successor owner in the Crossroads � Project. �'� �;' d. If Crossroads assigns any of the Development Obligations pursuant to this Section 8, �. Crossroads will have no further liability for any of those Development Obligations that � are so assigned. �' �. Agmt-DIA Crossroads(FINAL) 10 � �;. � � oE_� �z , �� . :�:°F�� !� e. The Town agrees to cooperate reasonably and diligently in furnishing recordable releases and terminations of this Agreement, or for discrete portions of the requirements hereunder, when the relevant requirements have been satisfied or assigned. � � f. Subject to the foregoing provisions, (i)this Agreement shall be binding upon and inure to � the benefit of Crossroads and its successors and assigns, and (ii)references in this � Agreement to "Crossroads" shall be construed to include its successors and assigns from � time to time. g. Notwithstanding anything to the contrary contained herein, the Movie Theater and Bowling Alley shall be owned and operated as part of the Uniform Commercial Enterprise for the life of the SDD. Ownership of and responsibility for the Movie � Theater and Bowling Alley, including all obligations in Section 2.b.vii above, may only be transferred to a purchaser who acquires the Unified Commercial Enterprise in its �' entirety. �' 9. Vested Ri ts. Except to the extent that Crossroads must satisfy the requirements of Section �' 5 above, Crossroads and the Town agree that the Crossroads Project Approvals and this Agreement collectively constitute an approved "site-specific development plan" for the � Property and the Crossroads Project under the Vested Rights Laws (as defined below). Pursuant thereto, the Town agrees that Crossroads, and its successors in interest in the ownership of the Property, or any portion thereof, will be entitled and have the right to � undertake and complete development of the Property and the Crossroads Project in accordance with the Crossroads Project Approvals, as the same may be further amended or supplemented in connection with the development process by additional development and construction plans, platting or otherwise. This right to so develop shall constitute a vested property right under C.R.S. § 24-68-101, et seq. (the"Vested Rights Act"), and/or Town Code § 12-19-1, et seq. (collectively the "Vested Rights Laws"), and this Agreement shall � constitute a development agreement within the meaning of the Vested Rights Act. The �" following language is hereby deemed incorporated into each of the Crossroads Project Approvals (and amendments and supplements thereto) as well as this Agreement: "Approval of this plan may create a vested property right pursuant to Colorado Revised Statutes title 24, article 68, as amended." 10. Reimbursement of Costs. Crossroads shall reimburse the Town for its reasonable attorneys' � fees and consultant expenses (past, current and future) in connection with the review and consideration of the Crossroads Project and the proposed Special Taxing Districts. Payment shall be due within 30 days of Crossroads' of receipt of itemized invoices detailing such expenses. 11. Notices; Business Davs. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (a) when hand delivered to the intended recipient, by whatever means; (b) 3 business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with �` � return receipt requested; (c) 1 business day after the same is deposited with an overnight �' � � Agmt-DIA Crossroads(FINAL) ll � �' �' ��_..��-i�. �:�Y ��, �iSi�,`� � �' courier service of national or international reputation having a delivery area encompassing � � the address of the intended recipient, with the delivery charges prepaid; or (d)when received � via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (a), (b) or(c) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below: �:' If to Crossroads: with copies to: Crossroads East One, LLC Crossroads East One, LLC } Attn:Peter Knobel Attn: Jonathan Boord, Esq. � 143 E. Meadow Drive 143 E. Meadow Drive � Vail, CO 81657 Vail, CO 81657 Fax No.: (970)479-7511 Fax No.: (970)479-7511 Phone: (970)479-7566 Phone: (970) 479-7566 � � and � Garfield &Hecht, P.C. Attn: Reed Weily, Esq. � Avon Town Square, Unit 104 �; 0070 Benchmark Road � P.O. Box 5450 � �� Avon, Colorado 81620 �; F�No.: (970) 949-1810 �. Phone: (970) 949-1496 �' If to the Town of Vail: with a copy to: Town of Vail Town of Vail Attention: Town Manager Attention: Town Attorney � 75 S. Frontage Road 75 S. Frontage Road Vail, Colorado 81657 Vail, Colorado 81657 �� Fax No.: (970)479-2157 Fax No.: (970) 479-2157 � Each party may change its addresses and/or fax numbers for notices pursuant to a written �'' notice given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. � �; 12. Severabilitv. In the event any provision of this Agreement is held to be illegal, invalid or �: unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the � affected provision there shall be deemed added to this Agreement a substitute provision that Agmt-DIA Crossroads(FINAL) 12 �'�.,klk"4� 3t�� P $> .a:,��F�F�.� is legal, valid and enforceable and that is as similar as possible in content to the affected � provision. It is generally intended by the parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted by law. 13. General Disclaimer. Notwithstanding anything to the contrary contained herein, this Agreement shall not be construed to require either party to take any action contrary to any laws, rules, regulations, or restrictions affecting the property (collectively, the "Property Restrictions"). If any of the obligations agreed to hereunder are found to violate the Property Restrictions, the parties agree to take such actions as are necessary to remedy the violation(s) so that the Crossroads Project can proceed in accordance with the Final Plans, the Crossroads Approvals, and the provisions of this Agreement. 14. Exlubrts. All Exhibits to this Agreement which are referenced by the provisions hereof as � being attached hereto are deemed incorporated herein by this reference and made a part hereof. 15. Entire Agreement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 16. Rules of Construction. The headings appearing in this Agreement are for purposes of convenience and reference and are not in any sense to be construed as modifying the �-, paragraphs in which they appear. Each party hereto acknowledges that it has had full and = � fair opportunity to review, make comment upon, and negotiate the terms and provisions of € this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singulaz sha11 include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. T'he titles of the paragraphs in this Agreement are � for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 17. Effective Date. The effective date of this Agreement shall be the date upon which this � Agreement has been executed and delivered by Crossroads and so executed by the Town Manager. 18. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to this � Agreement shall have any force or effect unless embodied in an amendatory or other �:' agreement executed by all parties hereto. � 19. Governin� Law and Venue. This Agreement shall be governed by and construed in � � accordance with the laws of the State of Colarado, and Eagle County, Colorado shall be the � Agmt-DIA Crossroads(FINAL) 13 �< �' �' � :�"��,��.-�� . ;:�1�� ' � venue for any dispute arising under this Agreement. � � 20.Additional Assurances. The parties agree to reasonably cooperate to execute any additional �' documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. � 21. No Third Party Beneficiary. No third party is intended to or shall be a beneficiary of this �r Agreement, nor shall any such third party have any rights to enforce this Agreement in any � respect. � 22. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. � 23. Recordin�. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 24. No Joint Venture or Partnershin. No form of joint venture or partnership exists between the Town and the other parties hereto and nothing contained in this Agreement shall be construed �; as making the Town and the other parties to this Agreement joint venturers or partners. � 25. Attornevs' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection �; therewith, including reasonable attorneys' fees (and the presiding court will be bound to �. � make this award). �� 26. Force Majeure. In the event of delays from causes beyond the reasonable control of �' Crossroads (such as, acts of God, strikes, work stoppages, unavailability of or delay in receiving labor or materials, defaults by contractors or subcontractors, unusual weather conditions, or fire or other casualty) (each, a "Force Majeure Delay"), then the time for Crossroads' performance or satisfaction of any conditions under this Agreement will be extended for a period or periods of time equal to the length of each Force Majeure Delay, or any longer period or periods as may be reasonably necessary or appropriate to accommodate the effect of the Force Majeure Delay. 27. Acceptance of Easement Dedications. In connection with the Crossroads Project, the Town has received or will receive various easement grants, made expressly as dedications and to be recorded in the real property records for Eagle County, Colorado (the "Records"), from Crossroads (the"Public Easements"). The Town hereby agrees that effective upon execution and delivery by The Town Manager, or upon the final written confirmation of The Town Manager, the Town accepts the public dedication under the grant of each Public Easement, for the public's use. �"` [Balance of page intentionally left blank] � � �; Agmt-DIA Crossroads(FINAL) 14 �; g � '�:,��:�� ' .. '��x�� IN WITNESS WHEREOF, the Town and Crossroads have made this Agreement as of the ��: day,month and year first above written. � TOWN: �' �, � TOWN OF VAIL, a municipal corporation duly �, organized and existing by virtue of the laws of the State of Colorado � �' By: t Name: Title: Town Manager : ATTEST: Lorelei Donaldson, Town Clerk � �' STATE OF COLORADO ) � ) ss: COUNTY OF ) �' The foregoing instrument was acknowledged before me this day of , 200_,by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. � � Witness my hand and official seal. � �: My commission expires: � �: � � Notary Public [Signature blocks continue on following page] � �` � �. � � Agmt-DIA Crossroads(FINAL) 15 �;; �', � :?"�.�� _,� �r>,. �: �� .,.&n �.,�=�r� � �+: �: � Crossroads: � � Crossroads East One, LLC, a Colorado � limited liability company �;: �' � By: � Name: � Title: � � STATE OF COLORADO ) � ) ss: � COUNTY OF ) � �; The foregoing instrument was acknowledged before me this day of � , 200_,by as � of Crossroads East One, LLC, a Colorado limited � liability company. � Witness my hand and official seal. � � My commission expires: � � Notary Public � � . �' � �< � �' � � � � � � � � �. � � � Agmt-DIA Crossroads(FINAL) 16 � � � � [��a�°.�. �� '.., .W ,� , � EXHIBIT A: � LEGAL DESCRIPTION �� > �` �'` �` � � � �' � � �;, �. �' �, � � � � � Agmt-DIA Crossroads(FINAL) A-1 � � � � / < � �� Z _' ��.- �:��: .� W �=�� ; o� g ��? w a �-�( L� f I �� I w Y a �U � � i , . )�. mQo � � � �`-- � �� J = � �� i�� ,,,� � � ��. �..�..� � � � y i � r: i ' r. ,. 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I.�I ��_ - n ----- �__�— �..��;u=_:�.;,n_=�I . �J�II_�Illllli il!-lII�._-. _�,..,:—=:i::, __,,��.�I�IIII�I�.l,,,�: ;. � �I,,,, __ mu nn I = -�- �� .,, �� ee ::ie�l�se�j��=',��_�i� ��Ci i i i i��/ ��..• —_� ' -� - ,ii��z.,N, g_ .��i��,��iiii1110,,...», �� ..� !�,,......,.... -__.,�q�71' ' - - ::- •. .:.'.•. i : � . �� - —�o�, � (� s� ,� •'i se =i .`i\` e'.°��Oe � i - :. . - l � z � � F i P 't � MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 23, 2006 SUBJECT: A request for a recommendation to the Vail Town Council on a proposal to establish Special Development District No. 39, pursuant to Article 12-9(A), Special Development District,Vail Town Code,to allow for the redevelopment of Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC05-0093) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant,Crossroads East One, LLC,and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation from the Planning and Environmental Commission to the Vail Town Council regarding a development application to establish Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for the redevelopment of � Crossroads, a mixed use development; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review,the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval,with conditions of the applicanYs request to establish Special development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant,Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation from the Town of Vail Planning and Environmental Commission to the Vail Town Council of a development application to establish Special Development District No. 39, Crossroads, to allow for the redevelopment of the Crossroads site. The establishment of Special Development District No. 39, Crossroads, is intended to facilitate the redevelopment of the existing Crossroads, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. A viciniry map has been attached for reference (Attachment A). The applicant is proposing to remove the existing improvements on the site and construct a new structure and public plaza. According to the Official Town of Vail ��,. Zoning Map, the proposed development site is located in the Commercial Service Center �: (CSC)zone district. As such,development on the site shall be governed by the regulations 1 Vail Town Council Attachment: D �!! � --3 P � � i � � outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning � Regulations, Vail Town Code. The key elements of the proposal and changes made since the Commission last saw the proposal on April 25, 2005, include: • A reduction in the number of dwelling units from 75 to 69 and the incorporation of five(5)lock-offs. A proposed deviation from the allowable number of dwelling units �, (47)which is 22 dwelling units greater; • Proposed $1.1 Million in public art; • A reduction in the proposed Gross Residential Floor Area (GRFA) from 210,054 square feet to 199,830 square feet. A proposed deviation from the allowable amount of GRFA(46,051 sq. ft.)which is 153,779 sq. ft. greater; • A reduction in the proposed building height on portions of the east and west wings of the building. At its peak in the center of the structure the height remains 99.9 feet; • Provision for employee six(6)employee beds located off-site to accommodate the net increase in employees generated by this redevelopment; • The project has retained the elimination of setback encroachments above grade along the west property line except for the one-story portion of the building containing the enclosed loading and delivery facility. In addition,the structure in the southwest comer of the site has been pulled back from East Meadow Drive a distance ranging befinreen 12 to 14 feet • The project has retained the elimination of all subterranean encroachments into the Village Center Road and East Meadow Drive right-of-ways and the removal of subterranean improvements within a minimum of 10 feet of the west property line to preserve existing trees on the adjacent site to the west; � • The establishment of the extension of the Town of Vail Streetscape Master Plan by creating a plan and installing streetscape improvements for the intersections of Meadow Drive and Village Center Road and Meadow Drive and Willow Bridge Road and the South Frontage Road; � • 338 subsurface parking spaces(103 in excess of Town Code); • A 3-screen movie theater with stadium seating accessed at the pedestrian level of the proposed public plaza; • A 10-lane bowling alley and sports bar/night club/family arcade accessed at the pedestrian level of the proposed public plaza ; • An outdoor ice skating rink measuring approximately 7,000 square feet for public skating in winter/water-recreation feature(pop jetfountain)in the spring and summer months; • A public plaza of 24,130 square feet at the intersection of Willow Bridge Road and Meadow Drive (Approximately 40,000 sq. ft. including East Meadow Drive and Willow Bridge Road public right-of-ways)for public gatherings and events; • Public restrooms at the pedestrian level and within the lower level of the parking garage; • 58,804 square feet of new retail and restaurant space at the pedestrian level and one floor above surrounding the public plaza; • Establishment of an enclosed 5 berth loading and delivery facility with access from the South Frontage Road which will be made available for public use; • The retention of a roof feature which wraps around the loading and delivery bay on the northwest corner. The retention of an awning on the west elevation over the � pedestrian access proposed to connect the public plaza and Vail Village Inn Phase III. �. 2 � � i R �: � 4 i i i i �� A reduced copy of the floor plans and etevations have been attached for reference (Attachment B). A copy of the text detailing the application entitled Crossroads Redevelopment� Aqplications for Special Development District Text Amendments and Conditional Use Permit dated December 12,2005, is attached for reference(Attachment C). A copy of the Environmental Imqact Report for Crossroads Redevelopment• Special Development District and Conditional Use Permit Applications dated December 2005, is attached for reference (Attachment D). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting deviations from the prescribed development standards for building height,density (number of units), Gross Residential Floor Area (GRFA), additional bulk and mass in required setbacks, and site coverage. III. BACKGROUND • This property was annexed into the Town of Vail by Court order on August 26, 1966, as a part of the Original Town of Vail. • The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. • The Crossroads property is one of three properties ioned Commercial Service Center. The other finro 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 finro 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 p�operties and that no other additional information was required in order to review the proposal. One member did suggest a desire to have some demonstration of height of the proposed structure on site or in the vicinity. ' �': IV. ROLES OF REVIEWING BOARDS Special Develoqment District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development,then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. � � 3 � � i � f P � I Planninq and Environmental Commission: � The PEC shall review the ro osal for and make a recommendati n p p o to the Town Councd based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Desian 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 application for a special development district and is responsible for final approval/denial of � an SDD. The Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Land Use Plan The Vail Land Use Plan was adopted by the Vail Town Council on November 18, 1986. The plan is intended to serve as a basis from which future decisions may be made regarding land use within the valley. The primary focus of the Vail Land Use Plan is to address the long-term needs and desires of the Town as it matures. The Town of Vail has evolved from a small ski resort founded in 1962 with approximately 190,000 annual skier visits and virtually no permanent residents to a community with 4,500 permanent residents. The Town is faced with the challenge of creatively accommodating the increase in permanent residency as well as the increase in skier visits,while preserving the important qualities that have made Vail successful.This is a considerable challenge, given the fact that land within the Valley is a well-defined finite resource, with much of the land already developed at this juncture. The Vail Land Use Plan was undertaken with the goal of addressing this challenge in mind. A secondary purpose of the Vail Land Use Plan was to analyze a series of properties owned by the Town of Vail, to determine their suitability for various �ypes of � community facilities. � � 4 I 6. 7 The goals articulated in the plan reflect the desires of the citizenry. The goal �' statements that were developed reflect a general consensus of the comments shared at public meetings. The goals contained in the Vail Land Use Plan are to be � used as the Town's adopted policy guidelines in the review process for new �- development proposals. Staff has reviewed the Vail Land Use Plan and the goal � statements that staff believes are applicable appear Section VI II under staff's review � of Criterion D. According to the Official Town of Vail Land Use Plan map,the applicanYs proposed redevelopment site is located with the "Vail Vil/age Master P/an"land use category. Pursuant to the Plan, the "Vail Village Master P/an"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 P/an document because the Vail Villaqe Master P/an study � addressed this area specifical/y in more detail." Town of Vail Streetscaqe Master Plan The Town of Vail is in the process of preparing a revision to the adopted Town of Vail Streetscape Master Plan. The original Master Plan is an outgrowth of the Vail Village Urban Design Guide Plan. The Guide Plan was created in 1982 to give guidance to the overall physical development for the Village. In addition to providing broad design guidelines,the Guide Plan suggested specific physical improvements for the Village. Improvements such as new plazas, new landscape area, etc. Along with the construction of these public improvements included proposals to complete � numerous private sector improvements. Improvements such as building additions outdoor deck expansions,and faCade improvements. The Streetscape Master Plan was written in part to provide clear design direction for coordinated public/private � improvements. According to the Master Plan,the purpose of the plan is to provide a comprehensive and coordinated conceptual design for streetscape improvements � that: 1. is supported by the community; 2. enriches the aesthetic appearance of the Town; and 3. emphasizes the importance of craftsmanship and creative design in order to create an excellent pedestrian experience. �' � Vail Villaqe 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. � � 5 The Vail Village Master Plan is intended to be consistent with the Vail Village Urban Design � Guide Plan,and along with the Guide Plan, it underscores the importance of the relationship befinreen the built environment and public spaces. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap befinreen 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's objectives and policy statements address key issues relative to growth and development. These statements establish much of the context within which future development proposals are evaluated. In implementing the Plan,the objectives and policies are used in conjunction with a number of graphic planning elements that together comprise this Plan. While the objectives and policies establish a general framework, the graphic plans provide more specific direction regarding public improvements or development potential on a particular piece of property. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals,objectives, policies and action steps. They are the working tools � of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval wil/ be greatest for those proposals that can fully comply with the Vail Village Master P/an." 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 staff's assessment of Criterion D. Specific Sub-Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger sca/e buildings and by the limited auto traffic along East Meadow Drive. Comprised of �ve major development projects, this sub-area is characterized by a mixture of residential/lodging and commercia/activity. There is a great dea/of potentia/for improvements to both public and private facilities � in the area. Among these is the opportunity to develop gateway entries to the Vil/age � s � � at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a � long term goa/to strengthen the connection between this area and the Village core � area by reinforcing the established pedestrian linkages. Pedestrianization in this area � may bene�t 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 Vil/age's overnight bed base will occur in this sub-area � with the development of the fina/phase of the Vail Village Mn project. In addition, � commercia/ and residential/lodging development potential is identified in sub-area �; concepts 3, 4, 6, and 8. The completion of these projects will essentia/ly leave the � sub-area "built out': �' #1-6 Crossroads In�ll Commercial in�ll 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 con�guration of infill may be done a number of ways, it is the overall intent to replace existing surface parking with pedestrian corridors irrto a commercia/area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the p/anted 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 tra�c on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis of 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. � Goal #2: To foster a strong tourist industry and promote year-around � economic health and viability for the Village and for the community as a who/e. � � Objective 2.4: Encourage the development of a variety of new � commercial activity where compatible with existing land uses. � Policy 2.4.1: Commercial infill development consistent with established horizontal zoning regulations shal/be encouraged to provide activitygenerators,accessib/e greenspaces,public p/azas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shal/be encouraged. � Objective 2.5: Encourage the continued upgrading, renovation and � maintenance of existing lodging and commercia/facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting � facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of /odging properties. � � � 7 � i i `s i � Policy 2.5.2: The Town will use the maximum flexibility possible in the interpretation of building and fire codes in order to facilitate building renovations without compromisrng life, health, and safety considerations. Objective 2.6: Encourage the development of affordab/e housing units through the efforts of the private sector. Policy 2.6.1: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3: To recognize as a top priority the enhancement of the wa/king experience throughout the Village. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other improvements. � Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goa/#4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.1: Improve existing open space areas and create new p/azas with greenspaces and pocket parks. Recognize the differenf roles of each type pf open space in forming the overall fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved(or relocated to accessible locations elsewhere in the Vi/lage)in any development or redevelopment of property in Vail Village. �; Policy 4.1.2: The deve/opment of new public p/azas, and � � 8 i � s � � � improvement to existing plazas (public art, streetscape � features, seating areas, etc.), sha/l be strongly encouraged to reinforce their ro/es as attractive people places. � � Policy 4.1.3: With the exception of ski base-re/ated facilities, � existing natural open space areas at the base of Vail Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition of accessible greenspace as described orgraphically shown in the Vail Village Master Plan and/or Urban Design Guide Plan, will be required in conjunction with private infil/or redevelopment projects. ` � Goal#5: Increase and improve the capacity, efficiency,and aesthetics of the � transportation and circulation system throughout the Vil/age. �� Objective 5.1: Meet parking demands with public and private parking � facilities. Policy 5.1.1: For new development that is located outside the Commercial Core 1 Zone District, on-site parking sha/l be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning �; code. �: �rr � Policy 5.1.2: The expansion of the Vail Village parking structure shal/ maximize the number of additiona/ parking spaces available for public parking. Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1.4: Continue to promote fhe/ease parking program as a means for maximizing the utilization of private parking � spaces. � Policy 5.1.5: Redevelopment projects shall be strong/y encouraged to provide underground or visually concea/ed parking. Goa/ #6: To ensure the continued improvement of fhe vital operational e/ements of the Village. Objective 6.1:Provide service and delivery facilities for existing and new deve/opment. Objective 6.2: Provide for the safe and efficient functions of�re, police and public utilities within the context of an aesthefical/y � p/easing resort setting. � � 9 � � � � � Policy 6.2.1: Development projects and otherimprovements in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of the proposa/and potentia/mitigating measures. Policy 6.2.2: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way(with review and approva!by the Town Council and Planning and Environmental Commission when applicable) provided that Town operations such as snow removal, street mainfenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required to offset impacts on Town services. #1-7 Village CenterRoad Improvements Redesign of intersection as shown on the Vail Village Urban Design Guide P/an. Goal of this project is to create a visual landscape barrier to prevent unnecessary vehicular traffic. Bus, delivery and pedestrian traffic must also be accommodated in this design. Special emphasis on 3.1, 3.2, 5.3, 5.4. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the Village. � Objective 3.1: Physical/y improve the existing pedestrian ways by landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), along adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate locations throughout Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Objective 3.2: Minimize the amount of vehicular traffic in the Village to the greatest extent possible. Policy 3.2.1: Vehicular traffic will be eliminated orreduced to the abso/ute minimal necessary leve/s in the pedestrianized areas of the Village. Goa/#5: Increase and improve the capacity, e�ciency,and aesthetics ofthe � transportation and circu/ation system throughout the Village. � � € 10 � � � �. � � � i � I � i � � �; Objective 5.3: Concentrate the majority of interconnecting transit ' activity at the periphery of the Village to minimize vehicular traffic in pedestrianized areas. Policy 5.3.1: The Vail Transportation Center shal/ be the primary pick up and drop off point for public transit and private shutt/e vans and taxis. Objective 5.4: Improve the streetscape of circulation corridors throughout the Village. Policy 5.4.1: The Town shall work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. � Policy 5.4.2: Medians and right-of-ways shall be/andscaped. Vail Villaqe Desiqn Considerations The Town of Vail adopted the Vail Village Design Considerations in 1980. The Design Considerations were revised in 1993. The Design Considerations are considered an integral part of the Vail Village Urban Design Plan. The Design Considerations are intended to: • guide growth and change in ways that will enhance and preserve the essential � qualities of the Village; and • serve as design guidelines instead of rigid rules of development; and • help influence the form and design of buildings. � The Vail Village Design Considerations are divided into finro categories (urban design considerations and architectural/landscape considerations): 1. URBAN DESIGN CONSIDERATIONS These considerations relate to general,large-scale land use planning issues, as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. The considerations include focuses on pedestrianization, vehicle penetration, streetscape framework, street enclosure, street edge, building height, views and focal points, service and delivery, and sun/shade. The specifics of these considerations are addressed by staff in Section VI11 under Criterion D. Town of Vail Zoninq Requlations 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 applicanYs request: � �'; 11 s. � � � � u, � � � Article E. Commercial Service Center(CSC) District(in part) 12-7E-1:Purpose: The Commercia/ Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited mu/tiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercia/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 commercia/uses. 12-7E-3:Permitted Uses: The following uses shall be permitted in the CSC District: Banks and financia/institutions. Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. Personal services and repair shops, including the following: Barbershops. Beauty shops. � Business and o�ce services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing. Coin operated or self-service laundries. Smal/appliance repair shops, exc/uding furniture repair. Tailors and dressmakers. Trave/and ticket agencies. Professional o�ces, business offices, and studios. Retail stores and establishments without limit as to floor area including the following: Apparel stores. Art supp/y stores and ga/leries. Bakeries and confectioneries, including preparation of products for sa/e on the premises. Bookstores. • Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drugstores and pharmacies. F/orists. Food stores. Furniture stores. Gift stores. Hardware stores. � Hobby stores. �' 12 � � Household appliance stores. � Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television broadcasting studios. Radio and television stores and repair shops. Sporting goods stores. Stationery stores. Supermarkets. Toy stores. Variety stores. Yardage and dry goods stores. Additional o�ces, businesses, or services determined to be similar to permitted uses in accordance with the provisions of section 12-7E-2 of this article. 12-7E-4: Conditional Uses: The following conditional uses sha11 be permitted in the CSC district,subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: � Any use permitted by section 12-7E-3 of this article, which is not conducted entire/y within a building. Bed and breakfast as further regulated by section 12-14-18 of this title. Brew pubs. Child daycare center. Commercial laundry and c/eaning services. Dog kennel. Major arcade. Multiple-family dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Public buildings, grounds and facilifies. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meetings rooms, and convention facilities. Type !ll employee housing units (EHU) as provided in chapter 13 of this title. 12-7E-5:Accessory Uses: The following accessory uses shall be permitted in the CSC district: Home occupations, subject to issuance of a home occupation permit in accordance � with the provisions of section 92-14-12 of this title. � � 13 � --�.. t i �ir+ Minor arcade. Swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to conditional residentia/or/odge uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 12-7E-7: Setbacks: In the CSC district, the minimum front setback shall be twenty feet(20), the minimum side setback shall be twenty feet(20), and the minimum rear setback shall be twenty feet(20). 12-7E-8:Height: For a flat or mansard roof, the height of buildings shall not exceed thirty�ve feet(35). For a 4 sloping roof, the height of buildings shall not exceed thirty eight feet(38). 12-7E-9: Density Control: Not more than forty(40)square feet of gross residential floor area(GRFA)shal/be permitted for each one hundred (100) square feet of buildable site area, and gross residential floor area shall not exceed fifty percent(50%)of total building floor area on any site. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. �: � A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than one-third(1/3) of the total floor area of the dwel/ing. 12-7E-10: Site Coverage: Site coverage shall not exceed seventy five percent(75%) of the total site area. 12-7E-11: Landscaping and Site Deve/opment: At least twenty percent(20%)of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be�fteen feet(15) with a minimum area not/ess than three hundred(300) square feet. 12-7E-12:Parking and Loading: Off-street parking and loading shall be provided in accordance with chapter 10 of this title.At least one-half (1/2) of the required parking shall be /ocated within the main building or buildings. No parking or loading area shal/be located in any required front setback area. 12-7E-13:Location of Business Actrivity: A. Limitations;Exception:All permitted and conditional uses by sections 12-7E-3 and 12- 7E-4 of this artic/e, shall be operated and conducted entirely within a building except for �, permitted parking and loading areas and such activities as may be speci�cally authorized to be unenclosed by a conditional use permit and the outdoor display of goods. 14 �, � B. Outdoor Disp/a y: The area to be used for outdoor display must be/ocated direct/y in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shal/ not be obstructed by outdoor disp/ay. Article 12-9A: Special Development(SDD) District(in part) Section 12-9A-1: Purpose: The purpose of the special development district is to encouraqe flexibility and creativitv in the development of land in order to promote its most appropriate use;to imarove the desiqn character and aualitv of the new development with the town:to faci/itate the adepuate and economical provision of streets and utilities:to preserve the natura/and scenic features of open space areas: and to further the overall qoals of the communitv 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 deve/opment and uses of property included in the special development district. The specia/ 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 deve/opment 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. April 25, 2005, PEC Recommendation of Approval The following is the zoning analysis of the proposal the PEC recommended approval of with conditions on April 25, 2005. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front(Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock)to 25' East Side: 20' 0' to 25' Front(Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 28.4 units/acre 47.5 D.U.s 75 D.U.s GRFA: 46,051.6 sq. ft. 211,117 sq. ft. � (40%) (183.4%) � 15 � � k'. ! � � � Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 42,255 sq. ft. (20% total site) (36.7% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 14,898 sq. ft. (80%) (35.3%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 27,357 sq. ft. (20%) (64.7%) Parking: 246 spaces 338 spaces (92 surplus spaces proposed to be in private parking club) December 12, 2005 Proqosal Develoqment Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front(Frontage Road): 20' 3'to 19' � West Side: 20' 3' (loading dock)to 25' East Side: 20' 0' to 25' Front(Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 26.1 units/acre 47.5 D.U.s 69 D.U.s GRFA: 46,051.6 sq. ft. 199,830 sq. ft. (40%) (173.6%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft. (20% total site) (41.0% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 18,581 sq. ft. (80%) (39.4%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 28,611 sq. ft. (20%) (60.6%) � Parking: 235 spaces 338 spaces 16 � �. #' € � I I I � (103 surplus spaces) BOLD indicates deviations from the prescribed development standards. The current development proposal dated December 12,2005, is smailer than the previously proposed plans dated April 25,2005,which the PEC and staff recommended approval of to Council. To be more specific, it is has 11,287 square feet less GRFA and 6 fewer dwelling units. The building footprint has changed slightly to be pulled further back from East Meadow Drive and the roof forms have been reduced in height in some areas mainly along the eastem wing of the proposed structure. VII. SURROUNDING LAND USES AND ZONING 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 ESTABLISHMENT AND REVIEW PROCESS Chapter 12-9 of the Town Code provides for the establishment of special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, � "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use;to improve the design character and 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 goa/s 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 determination of permitted, conditional and accessory uses shall be made by the Planning and Environmental Commission and Town Council as part of the formal review of the proposed development plan. Unless further restricted through the review of the proposed SDD, permitted, conditional and accessory uses shall be limited to those permitted, conditional and accessory uses in the property's underlying zone district. � The Town Code provides nine design criteria which shall be used as the principal criteria in 17 � evaluating the merits of the proposed SDD. It shall be the burden of the applicant to �i 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 projecYs compliance with the nine SDD review criteria: On January 4, 2006, Staff went before the Town Council to discuss two options regarding the review of the new Crossroads development submittal. Staff was recommending that the Commercial Service Center zone district and Vail Village Master Plan(WMP)be examined for possible amendment. At that meeting the Town Council, by a vote of 5-2-0(Logan and Slifer opposed), chose to proceed forward in the review of the Crossroads development by utilizing the Special Development District process and affirming four assumptions Staff made in order to achieve a recommendation of approval to the PEC on April 25, 2005. The first assumption examined Section 12-7E-1, Purpose,Vail Town Code,which identifies that the residential component should be "limited" so as to not interfere "with the basic commercial function ofthe District". A second assumption staff made was regarding Section 12-7E-9, Density Control, Vail Town Code, which identifies that the amount of Gross Residential Floor Area included within a project in the CSC zone district"shal/not exceed fifty percent(50%) of total building floor area on any site': While the SDD process allows for deviations from the requirements mentioned above, staff examined the project to see how closely the proposed project came to meeting the purpose section of the CSC zone district when proposing that more than 50% of the total building floor would be GRFA, and the impacts on the primary purpose of providing commercial establishments. Staff made the assumption that the amount of commercial being proposed in the project was likely at the � carrying point of the property and that the proposed residential and its associated GRFA was not limiting or negatively impacting the commercial objectives of the CSC zone district. A third assumption Staff made, with the verification of the PEC by a vote of 6-1-0, was regarding the policy on floor plate height as discussed in the WMP.As discussed in Section III of this memorandum the WMP Building Height Plan identifies a floor plate as being 9 feet in height. As several projects have come through the process applicants have demonstrated that current market demands and mechanical system needs warrant a taller floor plate dimension. The cuRent floor plate height policy established by the PEC is 11 feet. With the proposed Crossroads project the floor plate height is 11 feet 6 inches. As mention earlier on April 25, 2005, the PEC by a vote of 6-1-0, verified that a floor plate height of 11 feet 6 inches was appropriate. One member of the Commission did not agree that a floor plate height of 11 feet 6 inches was appropriate for this project nor the village as a whole. The assumption that a floor plate of 11 feet 6 inches brought the proposed heights of the structure closer to the maximum heights identified in the WMP. The final assumption Staff made was that a public plaza,as proposed in conjunction with the Crossroads development, was a public benefit which offset the proposed deviations of encroachments into the setbacks, excess height, site coverage, and GRFA . A. Consideration of Factors Reaardin4 Special Development Districts: A. Design compatibility and sensitivity to the immediate environment,neighborhood and adjacent properties relative to architectural design, scale, bulk, building , height, buffer zones, identity, character, visual integrity and orientation. � � 18 � * The Crossroads development site is located along the north side of East Meadow Drive � across from Village Center. An attached viciniry map has been provided for reference (Attachment A). The development site is adjoined on the north by the South Frontage Road, on the east by Village Center Road and the Vail Village Parking Structure, on the south by East Meadow Drive and Village Center, and to the west by Vail Village Inn Phase II1. All of these surrounding properties have different zoning designations and thus must comply with differing development standards. Although the neighboring properties must adhere to different zoning requirements, the buildings constructed on the neighboring properties are all two-to-seven stories. According to research of Town files, the surrounding properties have varying building heights. For instance, the new One Willow Bridge project(Swiss Chalet)will be 50 feet tall, and the Vail Village Inn Phase III varies in height from 68 feet along the Frontage Road to 25 feet along East Meadow Drive. The applicant is proposing heights of 93 feet(historic grade)/87.5 feet (finished grade) along the Frontage Road and 63.3 feet (historic grade)/56 feet (finished grade)on the portion of the building located in the southwest comer of the property along East Meadow Drive. The proposed heights of the structure along the westem property line range from 84 to 63 feet(historic grade)/79 feet to 56 feet(finished grade). The tallest point on the structure is 99.9 feet above historic grade on the southern end of the main ridge above the entry to the building. Since April 25,2005,the structure has been reduced in height in selected areas. The areas � are primarily on the eastern wing of the structure. For specifics, reference the elevation drawing sheets in Attachment B which compares the April 25, 2005, elevations to the December 12, 2005, elevations. Staff believes that the proposed height will set a new � precedence as it will be taller than any building in Town. However, staff believes that the deviation in height is offset by the development potential lost by proposing a 24,130 square foot public plaza (Vail Village Master Plan recommends a public plaza in this location)and the other public benefits. In order to assess whether or not the deviations proposed by the project are outweighed by the benefits staff performed an analysis which took the area of the plaza and multiplied it by � the allowable GRFA factor(40%). The allowable amount of GRFA was then multiplied by the Vail Village Master Plans maximum number of stories (3-4 stories). Staff selected a factor of 3.5 stories to multiply the developable plaza area by as it was felt it was a reasonable expectation for the height of the structure which might be located in the location of the plaza. When the allowable GRFA is multiplied by the number of recommended developable number of stories,this provides an approximate amount of GRFA which could be constructed on the area being designated as public plaza. The next step was to subtract the amount of GRFA located within the setbacks and above the recommended maximum height in the Master plan of 78 feet on this portion of the site. Upon completion of this calculation it is found that the GRFA proposed in this project is 4,687 square feet below that which could have been potential constructed in the area occupied by the plaza. In the previous proposal approved by the PEC on April 25,2005,the structure was requesting 121 square feet more GRFA than that which could potentially have been constructed on the plaza area. The loss of 10,224 square feet of GRFA befinreen the April 25 and December 12, 2005 submittals accounts for this change. Therefore it is confirmed that the proposed public plaza has offset the proposal's GRFA encroachments of into setbacks and above the 78 foot height recommended in the Vail Village Master Plan. With the addition of the � proposed 5 berth loading and delivery facility which will be made available to the public,the finro proposed public restrooms (870 s.f. total) and the installation of the complete 19 � � � streetscape improvements on Viilage Center Drive and East Meadow Drive Staff believes the proposed deviations have been balanced. Area of Proposed Public Plaza: 24,130 s.f. CSC Allowable GRFA %: .40 Amount of GRFA: 9,652 s.f. Number of Developable Stories: x3.5 Square Footage of GRFA: 33,782 s.f. Amount of GRFA in Setbacks: -13.693 s.f. Remaining GRFA of Public Plaza: 20,089 s.f. Amount of GRFA on Floor 6: -15,402 s.f. Amount of GRFA remaining: 4,687 s.f. The computer model shows those portions of the Crossroads roof which exceed the heights granted at Four Seasons and Vail Plaza Hotel. Staff believes that the area of roof over the established heights of Vail Plaza Hotel and Four Seasons is offset by a combination of the public plaza, loading and delivery facility, public restrooms, and proposed streetscape improvements. In regard to setbacks the One W illow Bridge project varies befinreen 0 feet(west end)and 20 feet. Setbacks along the east property line for Vail Village Inn Phase III vary befinreen 15 and 55 feet. The proposed Crossroads development has setbacks along the north and east property lines which vary from one foot to 25 feet. Above grade along the western property line the proposed Crossroads has a one-story enclosed loading facility which is within the required setback(3 feet off property line at closest location). Along East Meadow Drive the � � setbacks vary from 150 feet along the plaza to zero setback in the southeast and 12 feet in the southwest comers. Staff previously had concems with the setback of the building along East Meadow Drive and the structure located in the southwest comer. Staff believed that it may be appropriate to have minimal setback along East Meadow Drive for several stories including a roof and then the structure would step back 15 to 20 feet before continuing up. The applicant has worked extensively on the portion of the stn.�cture located in the southwest portion of the site. The ridge is now 56 feet above grade which is six(6)feet taller than the actual height of the One Willow Bridge project from the grade of East Meadow Drive. The height of 56 feet(actual height above finished grade)has been moved from a 4 foot setback to a 12 foot setback from the property line for a distance of 44 feet along East Meadow Drive. The length of the structure along East Meadow Drive has been reduced from 52 feet to 44 feet. Staff and Jeff Winston believe that the height of 56 feet over a span of 44 feet is an acceptable design as it creates a "neck down effect" between to more open public spaces, the proposed Crossroads plaza and the Vail Village Inn plaza. To address the concems of staff and the representatives of Vail Village Inn Phase III the proposal has been revised to remove all above-grade portions of the building located within the setback along the westem property line with the exception of the enclosed loading and delivery facility which has access off of the South Frontage Road. The subterranean improvements along the westem property line have been pulled back from the property line to be a minimum distance of 10 feet from the property line. The architectural design of the Crossroads development, like its neighbors, is govemed by the design guidelines prescribed in Chapter 11, Design Review,of the Vail Town Code and by the recommendations Vail Village Master Plan. As such, the architectural design of the proposed development is intended to be compatible with the unique European alpine village � character prescribed for Vail Village. The exterior design of the development is a mixture of 20 � stone, metal and wood. Many of the finer details have not been resolved in the finro �,; presentations made to the Design Review Board. Both Staff and Jeff Winston agree that the applicant has made positive changes to the architecture and believe the overall architecture complies with the Town's guidelines. The concerns of staff and Jeff Winston are the use of large window systems especially in the upper portions of the structure, the appearance of panelized-type materials in some locations on the building,and the emphasis on the vertical verse the horizontal. Staff has addressed this projecYs conformance with the Urban Design Guidelines in Criteria D of this section. Staff believes the architecture of the structure is beginning to incorporate further"Bavarian"elements so as to fit in more harmoniously with the community. Staff believes that with additional work with the Design Review Board this project can fit into the overall architectural theme of Vail Village. The Vail Village Master Plan addresses the Crossroads development site throughout the Plan. In regard to building height,the Plan includes a conceptual map identifying potential heights of existing and future structures and states: "The building heights expressed on this lllustrative Plan are intended to provide general guidelines. Additional study should be made during specific project review relative to a building's height impact on the streetscape and relationship to surrounding structures." The Plan identifies the northem portion of the Crossroads development site along the Frontage Road as being 5 to 6 stories in height and the southem portion as being 3 to 4 stories in height(the Plan identifies a story as being 9 feet in height and the Plan does not include roof structure). A copy of Conceptual Building Height Plan is attached for reference � (Attachment E). Since the last hearing with the Planning and Environmental Commission and the Town Council staff has located the minutes of the adoption of the Lionshead Redevelopment Master Plan in which the PEC had recognized a building story as being considered 11 feet 6 inches plus a roof. Most recently the Tivoli Lodge, identified as being 3 to 4 stories tall in the Plan,established SDD #37 in order to achieve a 56 foot height limitation. Although the Tivoli Lodge is not zoned Commercial Service Center, it is addressed within the Vail Village Master Plan. The Tivoli Lodge contended that the 48 foot limitation did not adequately address current hotel accommodation building trends. A 48 foot height limitation permits 9 foot floor-to-floor sections with an additional 12 feet for sloping roofs as recommended in the various town master plans (9' X 4 floors +12' = 48'). According to the applicants, the proposal has achieved the heights of 99.9 feet at its highest point, down to 66 feet along East Meadow Drive as the floor plates they are proposing are 11 feet 6 inches from floor to floor except on the finro retail portions of the building where the floor to floor height is 13 feet and 14 feet. The applicant states that consistent 11 foot 6 inch floor plates are due to the need to provide modern day living demands including air conditioning, 9 foot ceilings and flexibility in unit design. Furthermore, at this site there are the additional issues of I-70 traffic noise and exposure to the sun in this location. Once the units are dry-walled,the ceiling heights in the units will be 9 feet. In addition the applicant has proposed floor plates measuring 14 feet in height for the commercial levels to accommodate the additional height necessary to operate a bowling alley's lane equipment and stadium seated theaters. The height of the floor plates in the residential levels and the added height necessary for the operation of a bowling alley and theaters explain the proposed heights on the building exceeding the recommended heights identified in the Vail Village Master Plan. Staff believes the height of the building in � general is appropriate in relation to the uses proposed if the Commission agrees that an 11 � 21 � � � � � foot 6 inch floor plate is appropriate for properties located within the scope of the Vail Village �' Master Plan. Staff has generally accepted an 11 foot floor-to-floor building plate on previous projects located within the scope of the Vail Village Master Plan such as the Tivoli Lodge and the Manor Vail Lodge(the PEC voted to adopt 11 foot 6 inch floor to floor in Lionshead as a part of the Lionshead Redevelopment Master Plan). In addition, it has been previously determined that a roof structure is at an appropriate size when it is 12 feet from eave to ridge, as identified above. This particular project,according to the applicant, because of its proximity to the Interstate and large window areas (heat gain) will need to have climate control equipment which the finro previous projects did not. If a floor-to-floor plate of 11 feet 6 inches and a 12 foot tall roof structure is acceptable the maximum height of structure, according to the Vail Village Master Plan should be 81 feet(11.5'X 6 stories+ 12'=81 feet) along the northern portion of the site and 58 feet(11.5'X 4 stories+ 12'=58)feet along the southem portion of the site. However, given the width of the proposed building forms and roof pitches, the proposed building will require more than 12 feet of roof height. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The uses,activities,and densities for the Crossroads development site are prescribed by the underlying zoning. According to the Official Town of Vail Zoning Map,the underlying zoning for the proposed special development district is Commercial Service Center zone district. The Commercial Service Center zone district encourages the development of commercial facilities serving the Town with limited multiple-family dwellings at a density of eighteen(18) �, dwelling units per acre. However, the Vail Village Master Plan, adopted in 1990, identifies the site as being approximately three quarters medium/high density residential and one quarter mixed use. See attached copy of the Land Use Plan from the Vail Village Master Plan (Attachment F). The proposal is to construct permitted uses such retail shops, restaurants and bars, offices, on-site accessory uses such as the ice skating rink, and conditional uses such as a major arcade, bowling alley, movie theaters, 69 multiple-family dwelling units, and a private parking club. The applicant has requested the appropriate conditional use permits which are addressed in the two memorandums accompanying this memorandum. The applicant has suggested that the proposed bowling alley, 3-screen theater,and sports bar/arcade activity center are public amenities as they bring life and vitality to the Town. In previous memorandums to the Commission,staff identified that the uses will likely fill a niche which is missing in Town. These amenities, however, are privately owned and operated. The proposed application has two levels of at-grade or above-grade retail surrounding the proposed plaza. Staff has expressed concerns in previous meetings regarding the continuous are shaped frontage of the retail. Staff's concems were finro-fold;first,does such a design lure visitors and locals to shop in the environment and; second, the geometric properties of an arc will not allow for material changes to the farade's of the individual tenant spaces. In previous meetings the Design Review Board in their meetings had also expressed a concem about the limited ability to individualize a tenant space store front. In response to the concem expressed by staff, the Design Review Board, the Planning and Environmental Commission, and Town Council the applicant has brought additional staff onto their team to address the commercial experience. Since the last meeting the applicant �; has prepared several drawings which exhibit how the retail storefronts could be 22 � individualized. The staff and Jeff Winston believe the changes made by the applicant were a tremendous step in alleviating our concems regarding the design. However, Staff, Jeff Winston,and the applicant believe that working with the Design Review Board will produce a functional and active design for the retail levels. The above criterion specifically identifies the proposed density of a project as needing to be compatible with surrounding properties. This property is restricted to 18 dwelling units/acre per the underlying zoning. The applicant is proposing a density of 28.4 dwelling units/acre with 199,830 square feet of GRFA. The neighboring property to the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre, which the new development has proposed 8 dwelling units for a density of 2.9 dwelling units/acre with 135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel was substantially accommodation units (123 units) and fractional fee units (14 units) which do not count towards density. The adjacent property to the west, Vail Village Inn Phase III (SDD#6), is limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance adopting SDD #6 it is not clear the number of dwelling units allowed, however, it identifies a minimum of 148 accommodation 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. Staff believes the proposed Crossroads redevelopment complies with this portion of the criterion as the proposed public benefits outweigh all deviations proposed. Emplovee Housina Reauirements � As indicated in a number of the oals and ob'ectives of the Town's Master Plans, rovidin 9 J P 9 affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. The guidelines contained within the report were used most recently in the review of the Austria Haus, Marriott, Four Seasons, Manor Vail Lodge, and SDD No. 6-Vail Village Inn development proposals. The Employee Housing Report was prepared for the Town by the consulting firm Rosall, Remmen and Cares. The report provides the recommended ranges of employee housing units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines prescribed in the Employee Housing Report, staff analyzed the incremental increase of employees (square footage per use) that results from the redevelopment. The figures identified in the report are based on surveys of the commercial-use employment needs of the Town of Vail and other mountain resort communities. As of the drafting of the report, Telluride, Aspen and Whistler, B.C. had "employment generation" ordinances requiring developers to provide affordable housing for a percentage of the new employees resulting from commercial development. "New°employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers to provide � housing for 40% (0.40)of the new employees, Aspen requires that 60% (0.60)of the new employees are provided housing, and Whistler requires that 100% (1.00) of the new � 23 employees be provided housing 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 Emplovee Generation Calculations—Middle of Ranae a) Multi-Family(Dwelling Units) 69 new units proposed @ (0.4/unit) = 27.6 employees b) Retail and Service Commercial 45,804 sq. ft. @ (5.0/1000 sq. ft.) = 229.0 employees c) Bar/Restaurant/Arcade/Theater/Bowling 13,000 sq. ft. @(5.0/1000 sq. ft.) = 65.0 employees 321.6 employees Existing Crossroads Project Emplovee Generation Calculations—Middle of Ranae 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.) = 110.58 employees c) Office: Professional/Other 20,000 sq. ft. @(5.0/1000 sq. ft.) = 100.0 employees d) Bar/RestaurantlNight Club/Theater 13,550 sq. ft. @ (5.0/1000 sq. ft.) = 67.75 employees e) Bank 2,750 sq. ft. @ (2.5/000 sq. ft.) = 6.88 employees � Grocery 6,240 sq. ft. @(1.5/1000 sq. ft.) = 9.36 employees � � 24 � 303.37 employees � 321.6 new employees - 303.37 exisitina emqlovees 18.23 net new employees x.30 5.47 required #beds According to the calculations above, the applicant must establish 6 new deed-restricted employee beds ("pillows"). The applicants are proposing to provide the required deed- restricted employee housing beds off-site through the purchase of units throughout 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 the previous meeting, the Commission asked for greater detail on how a"bed"will be defined in regards to the deed restricting of units. For example if the applicant purchased a structure containing three bedrooms this could potentially count as six employee "beds�. As expressed by the Commission a unit as described previously may likely be rented by a family and would still count as six employee beds. Staff recommends that the developer submit to staff, prior to issuance of a TCO or Certificate of Occupancy,the location of the units proposed to be deed restricted along with the appropriate review application which is applicable or remit payment in funds commensurate with any adopted pay-in-lieu program. Please see the applicanYs employee housing unit provision proposal on page 16 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendments, and Conditional Use � Permit document dated December 12,2005,which is attached for reference(Attachment C). Staff believes that the proposal does comply with this portion of the criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 235 spaces. The applicants are proposing to provide a total of 338 spaces, all of which are to be provided in the proposed underground parking structure. The 103 additional parking spaces proposed to be constructed above and beyond that which is required are proposed to be placed in a private parking club. The proposed subterranean parking structure permits a public plaza on the surface which contains a proposed ice skating rink. In order to establish a private parking club offering parking spaces,the Town Code requires the review and approval of a conditional use permit by the Commission. The applicant is proposing to establish a 103 stall private parking club. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum accompanying this memorandum. The applicant is proposing to utilize all of the 103 surplus parking spaces in a private parking club in which participants would lease a space or potentially purchase if the applicant chooses to condominiumize the spaces. The applicant desires to maintain ownership of the parking spaces to avoid not having enough parking for the retail, restaurant,and office uses �,� if the project becomes as successful as anticipated. There is a possibility that as various 25 � tenants begin to design and occupy their spaces that additional surplus parking may become � available. When calculating the required parking staff and the applicant were conservative in estimating what percentage of retail and restaurant spaces will become areas not assessed parking. An analysis will need to be run as each tenant goes in for building permit and as tenants change out in the future. The applicant can retum before the Commission at a later date if additional surplus parking is created based on tenant make-up to amend the conditional use permit. Staff recommends that the developer be permitted to establish a 103 parking space private club. The applicant has proposed a five berth loading and delivery facility which is the maximum required for this project. The proposed facility will be accessed off of the Frontage Road and made available to neighboring properties as well for their loading and delivery needs. The proposed loading and delivery facility is entirely enclosed and large vehicles can make all tuming movements inside the structure. The applicant and the staff agree that the location, configuration, and public use of the loading facility are a public benefit to the Town as it reduces conflicts with pedestrians, reduces impacts due to being enclosed, and its availability to the public for use. Staff recommends that through the Developer Improvement Agreement the developer enter into an agreement with the Town to include the loading and delivery facility in the overall loading and delivery system for the Town of Vail. r Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. � The goals contained in the Vail Land Use Plan are to be used as.the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment,maintaining a balance befinreen residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air,water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concems 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. �. �„r+ 2.2 The ski area owner, the business community and the Town leaders � 26 should work together closely to make existing facilities and the Town � function more efficiently. 2.3 The ski area owner, the business community and the Town leaders should work together to improve facilities for day skiers. 2.4 The community should improve summer recreational and cultural opportunities to encourage summer tourism. 3.0 Commercial 3.1 The hotel bed base should be presenred and used more efficiently. 3.2 The Village and Lionshead areas are the best location for hotels to serve the future needs of the destination skiers. 3.3 Hotels are important to the continued success of the Town of Vail, therefore conversion to condominiums should be discouraged. 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 4.0 Village Core/Lionshead 4.1 Future commercial development should continue to occur primarily in � existing commercial areas. Future commercial development in the Core areas needs to be carefully controlled to facilitate access and delivery. 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the 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. � 27 5.5 The existing employee housing base should be preserved and �► upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map,the applicant's proposed redevelopment site is located with the "Vail Village MasterPlan"land use category. Pursuant to the Plan, the "Vail Village Master Plan"land use category description, "Vail Village has been designated separate/y as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Villa4e Master Plan study addressed this area specifica/ly in more detail." Staff believes that the application complies with the goals and objectives identified above. Vail Village Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this application: Goa/ #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.4: Encourage the development of a variety of new commercial activity where compatible with existing land uses. � Policy 2.4.1: Commercial in�ll development consistent with established horizontal zoning regulations shall be encouraged to provide activitygenerators,accessible greenspaces,public p/azas, and streetscape improvements to the pedestrian network throughout the Village. Policy 2.4.2: Activity that provides night life and evening entertainment for both the guest and the community shall be encouraged. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other amenities shall be preserved and enhanced as a part of any redevelopment of /odging properties. Policy 2.5.2: The Town will use the maximum flexibility possible in the interpretation of building and �re codes in order to facilitate building renovations without compromising life, health, and safety considerations. Objective 2.6: Encourage the development of affordab/e housing � units through the efforts of the private sector. 2s � Policy 2.6.1: Employee housing units may be required as part of any new or redeveloped project requesting density over that allowed by existing zoning. Policy 2.6.2: Employee housing shall be developed with appropriate restrictions so as to insure their availability and affordability to the local work force. Policy 2.6.3: The Town of Vail may facilitate in the development of affordable housing by providing limited assistance. Goal #3: To recognize as a top priority the enhancement of the walking experience throughout the Village. � Objective 3.1: Physically improve the existing pedestrian ways by �. landscaping and other improvements. Policy 3.1.1: Private development projects shall incorporate streetscape improvements (such as paver treatments, landscaping, lighting and seating areas), a/ong adjacent pedestrian ways. Policy 3.1.2: Public art shall be encouraged at appropriate �� locations throughout Town. Policy 3.1.3: Flowers, trees, water features, and other landscaping shall be encouraged throughout the Town in locations adjacent to, or visible from, public areas. Goal#4: To preserve existing open space areas and expand greenspace opportunities. Objective 4.1: Improve existing open space areas and create new p/azas with greenspaces and pocket parks. Recognize the different ro/es of each type pf open space in forming the overal/fabric of the Village. Policy 4.1.1: Active recreation facilities shall be preserved(or relocated to accessib/e/ocations elsewhere in the Village)in any development or redevelopment of property in Vail Village. Policy 4.1.2: The development of new public p/azas, and improvement to existing p/azas (public art, streetscape features, seating areas, etc.), shal/be strongly encouraged to �: reinforce their roles as attractive people places. Policy 4.1.3: With the exception of ski base-related facilities, � �, existing natural open space areas at the base of Vail � � � � ;fi: 29 � � � � Mountain and throughout Vail Village shall be preserved as open space. Policy 4.1.4: Open space improvements including the addition ofaccessible greenspace as described orgraphically shown in the Vail Village Master P/an and/or Urban Design Guide Plan, will be required in conjunction with private infill or redevelopment projects. Goa/#5: Increase and improve the capacity,efficiency,and aesthetics of the transportation and circulation system throughout the Village. Objective 5.1: Meet parking demands with public and private parking facilities. Policy 5.1.1: For new development that is located outside the Commercia/ Core I Zone District, on-site parking shall be provided (rather than paying into the parking fund) to meet any additional parking demand as required by the zoning code. Policy 5.1.2: The expansion of the Vail Village parking structure shal/ maximize the number of additional parking spaces available for public parking. � Policy 5.1.3: Seek locations for additional structured public and private parking. Policy 5.1.4: Continue to promote the/ease parking program as a means for maximizing the utilization of private parking spaces. Policy 5.1.5: Redeve/opment projects shal/ be strong/y encouraged to provide underground or visua/ly concealed parking. Objective 5.3: Concentrate the majority of interconnecting transit activity at the periphery of the Village to minimize vehicular tra�c in pedestrianized areas. Policy 5.3.1: The Vail Transportation Center shall be the primary pick up and drop off point for public transit and private shuttle vans and taxis. Objective 5.4: Improve the streetscape of circulation corridors throughout the Village. Policy 5.4.1: The Town sha/l work with the Colorado Division of Highways toward the implementation of a landscaped boulevard and parkway along the South Frontage Road. � � 30 Policy 5.4.2: Medians and right-of-ways shal/be/andscaped. � Goa/ #6: To ensure the continued im rovement of the vita/ o erational P P elements of the Village. Objective 6.1:Provide service and delivery facilities for existing and new development. Objective 6.2: Provide for the safe and efficient functions of�re, police and public utilities wifhin the context of an aesthetically pleasing resort sefting. Policy 6.2.1: Development projects and other improvements in Vail Village shall be reviewed by respective Town Departments to identify both the impacts of the proposal and potentia/mitigating measures. Policy 6.2.2: Minor improvements (landscaping, decorative paving, open dining decks, etc.), may be permitted on Town of Vail land or right-of-way(with review and approval by the Town Council and Planning and Environmenta/Commission when applicable) provided that Town operations such as snow removal, street maintenance and fire department access and operation are able to be maintained at current levels. Special design (i.e. heated pavement), maintenance fees, or other considerations may be required fo offset � impacts on Town services. Staff believes that the application complies with all of the goals, objectives, and policies identified above. Previously staff expressed that the proposal needed to address Objective 2.3. The proposal now includes a total of five(5)lock-off units to increase the likelihood that the project will have a greater occupancy rate. The applicant has submitted a rental program to increase the likelihood of owners placing their units into a rental pool. A copy of the rental program is attached for reference on pages 18-20 of the Crossroads Redevelopment: Applications for Special Development District, Text Amendments, and Conditional Use Permit document dated December 12,2005(Attachment C). Staff believes the applicant has made great progress in the architectural design and believes that through the Design Review process the architecture can be resolved. Staff, in previous memorandums, expressed concems about the scale of the structure and its relationship to neighboring properties. Through the use of the computer model staff believes that the revised proposal will now be at an appropriate scale to neighboring properties, Four Seasons, and Vail Plaza Hotel. While it is true that this proposal will set a new precedence for height (99.9 feet) staff believes that the height and other deviations are offset by the combination of benefits such as the public plaza, streetscape, public restrooms, and incorporation of the loading and delivery facility in the overall loading and delivery system for the Town. Staff under Criterion A addresses the benefits and reasoning behind staff's belief that the new precedence for height has been offset by various elements of the proposal. Town of Vail Streetscaqe Master Plan �;� The Town's Streetscape Master Plan does identify East Meadow Drive and Village Center 31 �' Road within the East Meadow Drive—Willow Bridge Road to Vail Valley Drive portion of the � Town of Vail Streetscape Master Plan. The Plan identifies the following problems with the existing conditions within this sub-area: • The need to separate buses from pedestrians, � • The need to provide a more comfortable shopping experience; • The need to restrict unnecessary vehicular traffic; • The need to maintain access to existing lodge units; and • The need to screen parking and accommodate loading and delivery vehicles. The Plan also identifies several key elements, landscaping, and site amenities for the East Meadow Drive—Willow Bridge Road to Vail Valley Drive sub-area which include: • The asphalt road surface wou/d be replaced by concrete unit pavers in most areas where pedestrians share the street with vehicles. In the restricted access zone south of the Village parking structure,the pedestrian path would be paved with concrete unit pavers. However, the bus lane would remain �'' asphalt. Additionally, the Willow Bridge Road street surface, from the north � side of Willow Bridge to the intersection of East Meadow Drive, would a/so � remain asphalt. • Replacing the triangular planter at the intersection of East Meadow Drive and Willow Bridge Road wifh a larger circular planter that is centered in the intersection. In addition, the intersection will be accented with a specia! paving treatment and wil/act as a focal point. � • Villa e Center Road would be narrowed to a minimum width of 28' curb-to- 9 ( curb) to discourage unnecessary tra�c. Fix to six foot wide concrete sidewalks on each side of the street are planned to connect East Meadow Drive to the Frontage Road. • The railroad-tie planters along the parking lots for Crossroads and the Sonnenalp-Swiss House should be replaced with at-grade planting beds, similar to the planting beds along the south side of East Meadow Drive near the Vail Village Inn. • Landscaping is needed along Village Center Road, especially near the Frontage Road, so as to further inhibit vehicular traffic into the pedestrianized areas. • Landscaping, benches and a trash receptacle should be p/aced at the Crossroad's bus stop as shown on the Master Plan graphic. • Expanding the planter on the south side of the intersection of Village Center Road and East Meadow Drive has been suggested. This would provide better definition to the roadway as we/l as increasing the landscaped area. Staff believes the proposal meets the requirements of the Streetscape Master Plan. Previously staff identified that there was a lack of landscaping within the proposed public � plaza to replace the "at-grade planting beds" identified by the Plan to replace the � �. � 32 � � railroad-tie beds. Staff believes that as the Design Review Board and Staffworkwith the � applicant in the Design Review process that additional landscaping will be added to the plaza as the layout of the plaza becomes more firm. Staff believes that the proposal complies with the recommendations of the Vail Village Master Plan East Meadow Drive— Willow Bridge Road to Vail Valley Drive sub-area. The proposal currently proposes to construct streetscape improvements on Village Center Road which includes concrete unit pavers, landscaping, and heat tubing which could eventually be connected to the Town of Vail boiler system. The Public Works Department has identified that in their Master Plans it has never been anticipated that Village Center Road would be heated. Therefore, they believe that the installation of heat tubing in Village Center Road should either not occur and therefore be asphalt instead of pavers or the heat tubing should be hooked up to the Crossroads development. The developer has expressed that they do not desire to connect any heat tubing under Village Center Road to their boiler system. Town staff would request the Planning and Environmental Commission provide input on whether or not heat tubing should be installed or not and if the Town should look at the streetscape heating budget and potentially include this area in the heating budget. Vail Villaqe Urban Desipn Guide Plan and Design Considerations Portions of the Crossroads development site fall within the purview of the Vail Village Urban Design Guide Plan and Design Considerations 1. URBAN DESIGN CONSIDERATIONS � These considerations relate to general, large-scale land use planning issues,as well as form considerations which affect more than one property or even whole areas. These considerations are primarily the purview of the Planning and Environmental Commission. A. PEDESTRIANIZATION A major objective for Vail Village is to encourage pedestrian circulation through an interconnected network of safe, pleasant pedestrian ways. Many of the improvements recognized in the Urban Design Guide Plans, and accompanying Design Considerations, are to reinforce and expand the quality of pedestrian walkways throughout the Village. Since vehicular traffic cannot be removed from certain streets (bus routes, delivery access), a totally care-free pedestrian system is not achievable throughout the entire Village. Therefore, several levels of pedestrianization have been identified. Staff Response: The Crossroads development site is bordered by East Meadow Drive on the south and Village Center Road to the east. Both East Meadow Drive and Village Center Road are designated as streets intended to accommodate pedestrian and vehicle traffic. East Meadow Drive is also a designated Town of Vail bus route. � 33 �` The applicants are proposing to implement the recommendations of the � Town of Vail Streetscape Master Plan. According to the Plan, the Crossroads development site is located in the East Meadow Drive—Willow Bridge Road to Vail Valley Drive Sub Area. The details of the goals in this sub area are identified earlier in this section. The primary goal of the East Meadow Drive — Willow Bridge Road to Vail Valley Drive Sub Area is to provide an effective and safe pedestrian system, while accommodating vehicle and bicycle traffic. The applicant has proposed to install pavers and heat tubing in the right-of- way of Village Center Road and East Meadow Drive. The proposed heat tubing could eventually be connected to the Town's boilers in the parking structure or elsewhere in the area. The applicant has proposed the narrowing of Village Center Road as the Streetscape Master Plan identified to discourage vehicular traffic and make the pedestrian more pleasant and safer. In addition, the applicant has proposed a large plaza with an ice skating ring located within it which would be coordinated in design with the intersection of East Meadow Drive and Willow Bridge Road. The proposed plaza would be heated as well and connected to boilers in the Crossroads development. As identified earlier in this section the applicant has proposed a portion of the building in the southwest comer to be at a 12 foot setback with an actual height of 56 feet. Staff believes this feature will serve an important purpose in the pedestrian feel of the streetscape by providing a"pinch point"befinreen the proposed plaza and the plaza created by Vail Village Inn and the � Sonnenalp. Staff believes that the proposed application does comply with this criterion. B. VEHICLE PENETRATION To maximize to the extent possible, all non-resident traffic should be routed along the Frontage Road to Vail Village/Lionshead Parking Structures. In conjunction with pedestrianization objectives, major emphasis is focused upon reducing auto penetration into the center of the Village. Vail Road and Vail Valley Drive will continue to serve as major routes for service and resident access to the Village. � Road constrictions,traffic circles,signage,and other measures are indicated in the Guide Plans to visually and physically discourage all but essential vehicle penetration upon the Frontage Road. Alternative access points and private parking relocation, where feasible, should be considered to further reduce traffic conflicts in the Village. Staff Response: The Crossroads development has proposed a 5 berth loading and delivery facility with access from South Frontage Road. The applicant has stated that �; they are willing to participate in the overall loading and delivery scheme of � the Village. All vehicles utilizing the Crossroads development will park in a � 34 �. �: � � �, �' � subterranean structure which has access off of the narrowed Village Center � Road. The proposal includes several items which will help make East Meadow Drive and Willow Bridge Road more pedestrian friendly such as paver colors and treatments and narrowed roads. Neither street is intended to be pedestrian-only. Staff believes that the proposed application complies with this criterion. C. STREETSCAPE FRAMEWORK To improve the quality of the walking experience and give continuity to the pedestrian ways, as a continuous system, finro general types of improvements adjacent to the walkways are considered: 1. Open space and landscaping,berms,grass,flowers and tree planting as a soft,colorful framework linkage along pedestrian routes;and plazas and park greenspaces as open nodes and focal points along those routes. 2. Infill commercial storefronts, expansion of existing buildings, or new infill development to create new commercial activity generators to give streetlife and visual interest,as attractions at key locations along pedestrian w routes. � It is not intended to enclose all Village streets with buildings as in the core areas. Nor is it desirable to leave pedestrian streets in the open in somewhat undefined condition evident in many other areas of Vail. Rather, it is desired to have a variety of open and enclosed spaces, both built and landscaped, � � which create a strong framework for pedestrian walks, as well as visual interest and activity. Staff Response: �° The applicants are proposing to improve and enhance the streetscape framework along Village Center Road and East Meadow Drive. To this end, a plan has been proposed that incorporates narrowed streets, pavers with differing colors and patterns and a large plaza within the proposed �` development. Staff believes the proposed plaza could be very positive for the community. Since the January 18, 2005, Town Council meeting the proposal for the public plaza has been improved greatly. The incorporation of additional plating beds and other features within the plaza have been � provided to address the items identified in the criterion above. The applicant as also proposed to install heated sidewalks along the perimeter of the site. Staff believes that the proposed application complies with this criterion. � D. STREET ENCLOSURE � While building facade heights should not be uniform from building to building, � they should provide a "comfortable"enclosure for the street. �` � Pedestrian streets are outdoor rooms, whose walls are formed by the � buildings. The shape and feel of these"rooms°are created by the variety of �' heights and massing (3-dimensional variations), which give much of the � visual interest and pedestrian scale unique to Vail. Very general rules,about the perception of exterior spaces have been developed by designers, based 35 ; � �: i I s i � on the characteristics of human vision. They suggest that: "an external enclosure is most comfortable when its walls are approximately 1/2 as high as the width of the space enclosed;if the ratio falls to 1/4 or less, the space seems unenclosed; and if the height is greater than the width it comes to resemble a canyon°. In actual application, facades are seldom uniform in height on both sides of the street, nor is this desired. Thus, some latitude is appropriate in the application of this 1/2 to 1 ratio. Using the average facade height on both sides will generally still be a guide to the comfortableness of the enclosure being created. In some instances,the"canyon"effect is acceptable and even desirable. For example, as a short connecting linkage between larger spaces, to give variety to the walking experience. For sun/shade reasons it is often advantageous to orient any longer segments in a north/south direction. Long canyon streets in an east/west direction should generally be discouraged. When exceptions to the general height criteria occur, special consideration should be given to create a well-defined ground floor pedestrian emphasis to overcome the "canyon"effect. Canopies, awnings, arcades and building extensions can all create a pedestrian focus and divert attention from the upper building heights and �` � "canyon°effect. �r► Staff Response: The configuration of the Crossroads development site and the desire to create a large plaza in the interior largely dictates the orientation of the building and the impacts that result regarding street enclosure. The two street facades of the building are articulated and varied, horizontally and vertically, along the lengths of the building. The applicant has chosen to utilize an 11foot 6 inch floor plate which has the net effect of this building being taller. Staff and the applicant have worked together to address the relationship of this proposal to neighboring properties. Compatibility with adjacent buildings has been accomplished by reducing the pitch of the roof, removing a floor in the building in several locations,changes to the northeast and northwest corners of the building,and the addition of roof features along the western farade. Staff believes that the application complies with this criterion. E. STREET EDGE � Buildings in the Village core should form a strong but irregular edge to the � street. � Unlike many American towns, there are no standard setback requirements �: for buildings in Vail Village. Consistent with the desire for intimate pedestrian � scale, placement of portions of a building at or near the property line is � � � � 36 li � allowed and encouraged to give strong definition to the pedestrian streets. � This is not to impl continuous buildin fronta e alon the ro e line. A Y 9 9 9 P p KY strong street edge is important for continuity, but perfectly aligned facades over too long a distance tends to be monotonous. With only a few exceptions in the Village, slightly irregular facade lines, building jogs, and landscaped areas,give the life to the street and visual interest for pedestrian travel. � W here buildings jog to create activity pockets,other elements can be used to continue the street edge: low planter walls, tree planting, raised sidewalks, texture changes in ground surface, arcades, raised decks. Plazas, patios, and green areas are important focal points for gathering, resting, orienting and should be dist�ibuted throughout the Village with due consideration to spacing,sun access,opportunities for views and pedestrian activity. Staff Response: The Crossroads proposal,as stated previously, includes a large plaza which opens up the pedestrian area at the intersection of Willow Bridge Road and East Meadow Drive. It has been stated by the applicant that it is the intention to make the plaza available to the public and Town for events such as"Street Beat°concerts. Staff believes that the plaza is a great idea. However, staff would like to see a public easement recorded for the space and agreements � on the Town's rights to schedule events in the space. The proposed plaza would compliment the eventual construction of the public venue space associated with the construction of the Vail's Front Door project. Staff believes the proposal substantially complies with this criterion. However, details of the public easement need to be clarified. F. BUILDING HEIGHT Vail Village is perceived as a mix of finro and three story facades, although there are also four and five story buildings. The mix of building heights gives variety to the street, which is desirable. The height criteria are intended to encourage height in massing variety and to discourage uniform building heights along the street. Staff Response: The applicant is proposing to construct an eight story structure(six stories of residential on top of and set back from the base two stories of commercial). Staff believes that the building has been revised to better compliment neighboring properties as identified in previous portions of this memorandum. As stated earlier in the memorandum, the applicant is proposing to utilize an 11 foot 6 inch floor plates in place of the established 11 foot floor plate. If the Commission agrees with the applicant's reasons for the need of an 11 foot 6 inch floor plate it will become the new standard and staff believes that the application will comply with this criterion. � �` � 37 �': � � � � �, G. VIEWS AND FOCAL POINTS � Vail's mountain/valley setting is a fundamental part of its identity. Views of the mountains,ski slopes, creeks and other natural features are reminders to our visitors of the mountain environment and, by repeated visibility, are orientation reference points. Certain building features also provide important orientation references and visual focal points. The most significant view corridors in the Village have been adopted as part of Chapter 18.73 of the Vail Municipal Code. The view corridors adopted should not be considered exhausted. When evaluating a development proposal, priority should be given to an analysis of the impacted project on public views. Views that should be preserved originate from either major pedestrian areas or public spaces, and include views of the ski mountain, the Gore Range, the Clock Tower, the Rucksack Tower and other important man-made and natural elements that contribute to the sense of place associated with Vail. These views, which have been adopted by ordinance, were chosen due to their significance, not only from an aesthetic standpoint, but also as orientation reference points for pedestrians. Development in Vail Village shall not encroach into any adopted view corridor, unless approved under Chapter 18.73. Adopted corridors are listed in Chapter 18.73 of the Vail Municipal Code. Whether affecting adopted view corridors or not, the impact of proposed development on views from public ways and public spaces must be identified and considered where appropriate. Staff Response: � The Crossroads development site is not located within any of the Town of Vail adopted view corridors. The projects location adjacent to the South Frontage Road lends the project to potentially affecting only the views of residential unit owners in Phase III of the Vail Village Inn towards the Gore Range; not an adopted view corridor. It is important to note, however, that many of the units in Phase III of the Vail Village Inn currently do not have views of the Gore Range except for potentially the top finro floors. The primary views of both the Crossroads development site and Vail Village Inn Phase 111 is to the south towards Vail Mountain. Staff believes that the application complies with this criterion. H. SERVICE AND DELIVERY Any building expansion should preserve the functions of existing service alleys. The few service alleys that exist in the Village are extremely important to minimizing vehicle congestion on pedestrian ways. The use of, and vehicular access to, those alleys should not be eliminated except where functional altematives are not provided. In all new and remodeled construction, delivery which avoids or reduces impacts on pedestrian ways should be explored; and adopted whenever practical, for immediate or future use. Rear access, basement and below ground delivery corridors reduce congestion. Weather protection increases delivery efficiency substantially. Below grade delivery corridors are found in a few buildings in Vail Village �+ (Sitzmark/Gore Creek Plaza,Village Center,Vail Village Inn). Consideration � � p; � 38 � �: � � � should be given to extending these corridors, where feasible, and the �+ creation of new ones. As buildings are constructed or remodeled, the opportunity may exist to develop segments of a future system. Staff Response: The applicant has designed a service and delivery system which will avoid and reduce the negative impacts on the pedestrian ways adjacent to the lodge. As stated previously the applicant has proposed an enclosed 5-bay loading and delivery system which has access off of the South Frontage Road. The proposed design allows for neighboring properties to utilize the facility and eliminates truck traffic on Village Center Road and on East Meadow Drive. The applicant shall be required to participate in the overall loading and delivery plan for Vail Village in a similar fashion as the Willow Bridge project and the Vail's Front Door project. Staff believes that the application complies with this criterion. I. SUN /SHADE Due to Vail's alpine climate, sun is an important comfort factor, especially in winter,fall and spring. Shade areas have ambient temperatures substantially below those of adjacent direct sunlight areas. On all but the warmest of summer days,shade can easily lower temperatures below comfortable levels and thereby, negatively impact use of those areas. All new or expanded buildings should not substantially increase the spring � and fall shadow line(March 21 -September 23)on adjacent properties or the public right-of-way. In all building construction,shade shall be considered in massing and overall height consideration. Notwithstanding, sun/shade considerations are not intended to restrict building height allowances, but rather to influence the massing of buildings. Limited height exceptions may be granted to meet this criterion. Staff Response: The proposal does shade the South Frontage Road to a great extent and for short periods of the late morning it shades Vail Village Inn Phase III. In order to eliminate the shading of Vail Village Inn Phase III the projectwould have to be pulled much further back from the property line than even just the setback. Staff believes that the extent of the shading and the duration of shade on Vail Village Inn Phase III is minimal and acceptable. A copy of the sun/shade study has been attached for reference (Attachment B). Staff believes that the application complies with this criterion. As previously discussed in this section of the memorandum, staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. � 39 � � � i �; According to the Official Town of Vail Geologic Hazard Maps,the Crossroads development � site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. � F. Site plan, building design and location and open space provisions designed to �' produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed site plan shows the building encroaching into the setbacks surrounding the property. The applicant states that the primary reason for this is the proposed creation of a large plaza which will have an ice skating rink during the winter and a pop jet water feature # in the summer. Staff previously expressed concerns regarding the "forward looking �' expression of European alpine heritage and more contemporary forms"(taken from the �` applicanYs proposal document)and how it would compliment the character of the Village. Staff and the applicant have worked together on the architecture of the building and agree that the overall architecture of the building is compatible and consistent with existing buildings in the area, the potential future redevelopment of structures in the area, and the Town's design guidelines. Staff and the applicant agree that any remaining details of the architecture will be worked out with the Design Review Board in the review of the project upon approval of the Town Council. As discussed previously the applicant has proposed an ice skating rink/pop jetwaterfeature within the proposed plaza. Staff agrees that there is public benefit to this proposed use. However,staff believes that in order for the plaza to achieve the maximum value as a public benefit and to offset the deviations proposed staff believes that a pedestrian access � easement and usage agreement should be entered into with the developer. The easement and agreements would establish rights for the Town to coordinate potential events on the public plaza. In the absence of such an agreement,the public plaza does not have value as a public benefit. Staff recommends that the Commission requires a condition that would establish an agreement between the Town and Developer regarding the proposed public plaza. Staff believes the proposal complies with this criterion. � � G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. � The Town of Vail Public Works Department has reviewed the proposed plans for circulation � to ensure that it is designed well for both vehicles and pedestrians on and off the site. Following the review of the plans,the Public Works Department forwarded 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 G). The traffic report submitted by the applicant depicts overall intersection levels for existing and future service being maintained at a Level Of Service (LOS)A. However, the Village Center Road northbound left turn movement is a LOS of C and with the development of this �r project this movements delay increases by approximately 15% but the LOS remains at a � �; 40 � �; � � � � �' levei of C. The overall impact on Village Center Road's north bound left turn lane is a queue { � increase of 15 feet in length to 40 feet in length. Staff believes that it will be imperative to assess the applicant a fee of$5,000 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 68 PM Peak Hour trips for the Crossroads project. At $5,000 per net trip this results in an impact fee of$340,000. This impact fee shall not be offset by any public improvements. The impact fee shall be submitted to the Town of Vail to be used specifically for traffic improvements as deemed necessary by the Town of Vail. To address the concems of circulation of pedestrians and vehicles and the conflicts that are present befinreen the finro,the applicant has proposed improvements to Village Center Road � and East Meadow Drive which make the area feel more pedestrian oriented and restricts errant vehicular traffic from finding its way into the pedestrian area by narrowing the roads. The proposal will also improve loading and delivery traffic in the area. The proposal also includes a fully enclosed 5 berth loading and delivery facility with access off of the Frontage Road. Currently, there is a fairly high volume of loading and delivery vehicles on Village Center Road and East Meadow Drive. The applicant has expressed that they are willing to be a member of the overall loading and delivery system which currently has participation from the eventual Vail's Front Door facility and the One Willow Bridge project facility. Staff recommends that through a developer improvement agreement that the 5 berth loading and delivery facility is made available for inclusion in the overall Town of Vail loading and delivery system which may include the establishment of an easement. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. � The applicant has proposed a large plaza along East Meadow Drive which contains an ice skating rink in the winter and a pop jet water feature in the warmer months. The proposed plaza has been reworked to include greater landscaping than in previous submittals. The planter bed locations and the landscaping to be planted in each will be carefully selected in order for the retail to be as visible as possible. The applicant's proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Since the Commission last saw the applicanYs proposal focus has been placed upon the landscaping plan and incorporating the appropriate scale of landscaping upon the plan. The current landscaping plan includes a variety of plants. In order to mitigate the proposed height of the structure the plan includes numerous evergreen trees ranging from heights of 20 feet to 40 feet. � Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. 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. � � � � 41 �` � �` � IX. STAFF RECOMMENDATION � � �i The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval,with conditions to the Vail Town Council of the development application to establish Special Development District No. 39, Crossroads, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. � Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following �: findings be made as part of the motion: Special Development District No. 39. Crossroads � "That the proposal to establish Specia/Development District No. 39, Crossroads, � complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicanf has demonstrated to the satisfaction of fhe 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 bene�ts provided. �' Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. With regards to proposed building setbacks, that: � a. Proposed building setbacks provide necessary separation befinreen buildin s and 9 riparian areas, geologically sensitive areas and other environmentally sensitive areas. b. Proposed building setbacks comply with applicable elements of the Vail Village Urban Design Guide P/an and Design Considerations. � c. Proposed building setbacks will provide adequate availability of light, air and open space. d. Proposed building setbacks will provide a compatib/e re/ationship with buildings and uses on adjacent properties. e. Proposed building setbacks will result in creative design solutions or other public benefits that could not otherwise be achieved by conformance with prescribed setback standards. With regards to proposed building height, that: a. Proposed building heighfs comply with applicab/e e/ements of the Vail Village � Master Plan. � b. Proposed building height will adequate/y preserve views of the Gore Range from � East Meadow Drive. " c. Proposed building height will provide a compatib/e re/ationship with buildings and �; uses on adjacent properties. � �., d. Proposed building height will resu/t in creative design so/utions or other public bene�ts that could not otherwise be achieved by conformance with prescribed � height standards. � e. Proposed building height of 99.9 feet, was mitigated by the proposed public �` �' 42 � �; �; �t � �" �' bene�ts, of which the provision of a public p/aza on the site per the Town's � Master Plans was the most offsetting e/ement. That the proposed gross residentia/floor area of 173.6%of/ot area, additional twenty- two dwelling units over allowab/e (at 26.1 units per acre total) and site coverage of 107,772 square feet (93.6%) in the Commercia/ Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master P/an. z 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 P/an, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a signi�cant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicab/e elements of the Vail Comprehensive P/an." That the submitted Environmenta/ Impact Report for the Crossroads Redevelopment = dated December 2005 addresses a/l aspects of potential concern. �` �' Should the Planning and Environmental Commission choose to recommend approval the � applicant's requests, staff recommends the following conditions: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 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. 2. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permiUexcavation permit shall constitute a building permit); 1. 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. � ; re 43 � �;` � � 3. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 4. The Developer shall receive all the required permits from the Colorado Department � of Transportation(CDOT)prior to submitting for a building permit. Failure to receive °' the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to retum 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 s stem within the subterranean arkin structure which meets the � Y P 9 specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. The Developer shall address the following conditions of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; �, 1. The Developer shall be assessed a traffic impact fee of$5,000 per net trip increase �� in p.m. traffic, or $340,000. This impact fee shall not be offset by any public improvements. � �. 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39,and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of Vail Em lo ee Housin re uirements Cha ter 12-13 for a minimum of six 6 beds �' P Y 9 4 � p ) � ) generated by the redevelopment of Crossroads, and that said deed-restricted �, employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to � �;; issuance of a Temporary Certificate of Occupancy for the Crossroads project. The � 44 �;s � � �` � � required Type II or III deed-restricted employee housing units will be regulated by the � Town of Vail Employee Housing requirements(Chapter 12-13). The applicant shall purchase and deed restrict the employee housing beds prior to requesting a temporary certificate of occupancy. The units purchased must be approved as acceptable by Town staff and deed restricted as Type II or III units depending on the zone district in which they are located and by the appropriate review process. The developer shall have the right to participate in any pay-in-lieu program, if one is established by the Town, if he/she so chooses. Participation in a pay-in-lieu program shall occur prior to requesting a temporary certificate of occupancy. 5. The approval of SDD No.39, Crossroads,shall restrict the uses 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 residen#ial dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first finro years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. X. ATTACHMENTS �' A. Vicinity Map �. B. Reduce plans of the proposal dated December 12, 2005 � C. Crossroads Redevelopment: Applications for Special Development District Text � Amendments, and Conditional Use Permit Dated December 12, 2005 D. Environmental Impact Reqort for Crossroads Redevelopment•Special Development � District and Conditional Use Permit Apqlications dated December 2005 E. Vail Village Master Plan: Conceptual Building Height Plan � F. Vail Village Master Plan: Land Use Plan G. Public Works memo dated January 16, 2006 H. Public Notification I. Letters from Public �: � � � � �� 45 � �