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Home My WebLink AboutPEC070035 p r . �; , Planr�ing and Environmental Commisson ACTI�N Ft�itl�l � � � Qepartment af Corr3munity i7evel�pment �+�;{h��n�� • 7� South Frontage Raad, Vaif, Colaracio 81657 ��rn r tel: ��0.�79.2139 fax: 97a.479.245� ...,.:�rn:;�:��k�E��:�k,��.:;'� web: www.vailgav.corn Project Name: SOLARIS MAJOR AMEND SDD PEC Number: PEC070035 Project Description: FINAL APPROVAL FOR A MAJOR AMENDMENT TO AN SDD TO ALLOUV FOR AN INCREASE FRO�1 75 TO 77 DWELLING UNITS Participants: OWNER CROSSROADS EAST ONE LLC 05/30/2007 329 MILL CREEK CIR Vail Co 81657 APPLICANT MAURIELLO PLANNING GROUP, LL05/30/2007 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 143 E MEADOW DR VAIL Location: 143 E MEADOW DRIVE �y . Legal Description: Lot: P Block: 5-D Subdivision: VAIL VILLAGE FILING 1 Parcel Number: 2101-082-0100-1 Comments: See Conditions BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED �'` Second By: Gunion Vote: 5-1-0 (Cleveland opposed) Date of Approval: 0�/25/2007 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0009097 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 aiong Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the estabiishment 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 tfie loading � and delivery facility in the overall loading and delivery system, payment of traffic �. impact fees and credits given to offset fee, and details for funding public art. � �'! �; � . � � � � Cond: CON0009098 � The Developer shall submit a final exterior building materiais list, typical waU ` section, architectural specifications, and a complete color rendering for review and �' approval of the Design Review Board, prior to submittal of an application for a � �. building permit. Cond: CON0009099 The Developer shall submit a rooftop mechanica! c�quipment plan for review and � approval by the Design Review Board prior to the submittal of a building permit � application. All rooftop mechanical equipment shall be incorporated into the overall �' design of the structure and enclosed and visually screened from public view. �; Cond: CON0009100 � The Developer shall receive all the required permits from the Colorado Department of �; Transportation (CDOT) prior to submitting for a building permit. Failure to receive � the appropriate permits to access the South Frontage Road per the Approved �� Development Plan will require the project to return through the special development � district review process. � Cond: CON0009101 The Developer shall comply with the written final comments of the Town of Vail � Public Works Department outlined in the memorandum from the Town of Vail Public � Works Department, dated January 16, 2006, prior to submitting an application to the � Town of Vail Community Department for the issuance of a building permit for this �' project. Cond: CON0009102 � The Developer shall submit a written letter agreeing to install a pubiic safety � radio communications system within the subterranean parking structure which meets �' the specifications of the Town of Vail Communications Center.The specifications and �; details of this system shall be submitted to staff for review and approval with the �: application for a building permit. �` Cond: CON0009103 � � The Developer shall submit a fire and life safety plan for review and approval by � the Town of Vail Fire Department in conjunction with the building permit submittal. � Cond: CON0009104 7 The Developer shall submit a comprehensive sign program for review and approval by � the Design Review Board, prior to requesting a temporary certificate of occupancy, �, or a final certificate of occupancy. �' Cond: CON0009105 � The Developer shall be assessed a traffic impact fee of$6,50a per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins � Transportation Group dated June 2007, that specifically addresses the change in �' number of condominium units from 75 to 77, states that the net peak increase is 81 �' trips, 13 more trips than in the original approved traffic study dated November � & 2005. Since the usage of the commercial space is still in flux the Public Works � Department will require that a new study be pertormed prior to the issuance of a �' full building permit to address the traffic generation created by the specific � tenants that will lease the commercial/retail space within the project. This change � may cause the trip generation to increase.The applicant shaA be responsible for �` mitigating the number of net peak trip increases depicted in the revised study. This s`` impact fee shall not be offset by any public improvements and shall be paid �rior to �'; requesting a temporary certificate of occupancy or certificate of occupancy. � Cond: CON0009106 � The Developer shall be assessed a traffic impact fee of$6,500 per net trip increase �; in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins �, Transportation Group dated June 2007, that specifically addresses the change in �; number of condominium units from 75 to 77, states that the net peak increase is 81 � trips, 13 more trips than in the original approved traffic study dated November � 2005. Since the usage of the commercial space is still in flux the Public Works � �,r' Department will require that a new study be performed prior to the issuance of a � full building permit to address the traffic generation created by the specific � tenants that will lease the commercial/retail space within the project. This change � may cause the trip generation to increase. The applicant sha11 be responsible for �'. � � � �; � � �" � � � mitigating the number of net peak trip increases depicted in the revised study.This � impact fee shall not be offset by any pubiic improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Cond: CON0009107 � The Developer shall commence initial construction of the Crossroads improvement�s within three years from the time of its finaf a{�proval at second reading of the ordinance establishing Special Development Disti�ict No. 39, and continue diligzntiy 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 fihe �; 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 sha�l review the special development district upon � submittal of an application to reestablish the specia! development district following the procedures outlined in Section 12-9A-4, Vail Town Code. � Cond: CON0009108 � Employee Housing: Crossroads shall furnish deed restricted employee housing � � sufficient to accommodate 22 occupants by executing appropriate restrictive � covenant(s) on form(s} provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one-bedroom unit shall cantain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two-bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of � floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate na more that 5 � occupants. The Town may approve minor variations in floor area when the overaU � intent of the floor area requirements is being met. Any deed restriction shall be � for properry 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 certi�cate of occupancy for the � Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning � �: Regulations. � Cond: CON0009109 �' 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 Cammercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Planner: Warren Campbell PEC Fee Paid: $1,250.OQ � �' � � �i � �' �? � �' � � � � � � , � � � � ' . s � . ri MEMORANDUM � � � �,: TO: Planning and Environmental Commission � � FROM: Community Development Department � �; DATE: June 25, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No.39, Crossroads, pursuant to Article � 12-9A,Special Development District,Vail Town Code,to allow for an increase in the < number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1,and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, � represented by Mauriello Planning Group, LLC � Planner: Warren Campbell � � I. SUMMARY � �': The applicants, Crossroads East One, LLC, and Crossroads West One, LLC, represented �. by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, � Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1. � � Upon review of the applicable elements of the Town's planning documents and adopted � criteria for review,the Community Development Department is recommending the Planning � and Environmental Commission forwards a recommendation of approval,with conditions �' of the applicanYs request for a major amendment to Special development District(SDD)No. 39,Crossroads,to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicants, Crossroads East One, LLC and Crossroads West One,LLC,represented by � Mauriello Planning Group, LLC,are requesting a recommendation to the Vail Town Council �-.. on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units. In addition to this change �; there are several small dormer additions to the roof of the structure. Special Development District No. 39, Crossroads,was established by the Town Council on the recommendation of the Planning and Environmental Commission on March 21,2006 to facilitate the redevelopment of the existing Crossroads site,located at 141 and 143 Meadow �' Drive/Lot P, Block 5D, Vail Village Filing 1. The applicant is still proposing to remove the �' existing improvements on the site and construct a new structure and public plaza. � � According to the Official Town of Vail Zoning Map,the proposed development site is located � 1 � � \ + in the Commercial Service Center(CSC)zone district. As such, development on the site � shall be governed by the regulations outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 75 to 77 and the retention of the incorporated five (5)lock-offs. A proposed deviation from the allowable number of dwelling units (55)which is 30 dwelling units greater; • No change in the approved Gross Residential Floor Area(GRFA)of 198,859 square feet; • No change in the approved commercial/retail floor area; • A decrease in the number of excess parking spaces to be included in the private parking club from 84 to 81 as the finro new units require three(3)additional spaces. A reduced copy of the floor plans and elevations dated May 28, 2007, have been attached for reference(Attachment A). A copy of the text detailing the application entitled Application for a Maior Amendment to Special Development District No, 39, Crossroads to allow for an increase from 75 to 77 dwellinq units dated May 2007, is attached for reference(Attachment B). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density(number of units). 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 properly is one of three properties zoned 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 properties and that no other additional information was required in order to review the proposal. One member did suggest a desire to have some demonstration of height of the proposed structure on site or in � 2 . � , � � � � the vicinity. � • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 � (Viele and Lamb opposed)to forward a recommendation of approval of SDD No.39, � Crossroads, to the Vail Town Council. The Planning and Environmental � Commission voted 7-0-0 to approve the conditional use permits fora majorarcade;a `' theater; meeting rooms,and convention facilities; multiple-family dwellings;a private �; club (parking club); a bowling alley; and the outdoor operation of an accessory use � (ice skating rink). . � • On March 21, 2006, the Town Council on second reading of Ordinance 5, Series of � 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of � SDD No. 39, Crossroads. • On February 26, 2007, the Town of Vail Planning and Environmental Commission �` held a public hearing on a request for a major amendment to Special Development �' District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units and to address several other minor changes. Upon review of the request,the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. On April 3,2007,the Town Council adopted Ordinance 10,Series of 2007,by a vote � • of 5-2-0 (Slifer and Gordon opposed). Discussion of the first reading of the ordinance focused on the changes being proposed and the appropriate number of additional employee housing beds to require. The motion which passed incorporated the Planning and Environmental Commission's recommendation that the total number of employee beds to be provided be increased from 12 beds to 22 � � beds. � � IV. ROLES OF REVIEWING BOARDS � � Maior Amendment to a Special Development District � Order of Review: Generally, applications will be reviewed first by the PEC for impacts of � use/development,then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. � � Planninp and Environmental Commission: � �z The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special � Development District, Vail Town Code. �' Desiqn 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 � � 3 � � d, � � # �; \ r 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 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. Goals for Vail Village are summarized in six major goal statements. While there is a certain � amount of overlap between these six goafs, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide the Town's decision-making in achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals,objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note that fhe likelihood of project approval will be greatest for those proposals that can fully comp/y with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this � 4 . � �; �� 4 GK.� £. �. 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 /arger sca/e buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development '' projects, this sub-area is characterized by a mixture of residential/lodging and � commercial activity. � There is a great dea/of potential for improvements to both public and private facilities � in the area. Among these is the opportunity to deve/op gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a �. long term goal to strengthen the connecfion between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in fhis area may bene�t from the deve/opment of retail infill with associated pedestrian � improvemenfs along East Meadow Drive and the development of public access to `` Gore Creek. � ��' A significant increase in the Village's overnight bed base will occur in this sub-area � with the deve/opment of the fina/phase of the Vail Village Inn projecf. In addition, �:: commercia/ and residential/lodging deve/opment potential is identified in sub-area �' concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the � sub-area "built out': � � � #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a � large public p/aza with greenspace area (existing and new parking demand � : to be provided on site). While configuration of infill may be done a numberof � ways, it is the overall intent to replace existing surface parking with �; pedestrian corridors into a commercial area, as well as to provide a sfrong � building edge on Meadow Drive and streetscape improvements. � Improvemenfs of the p/anted buffer adjacent to the Frontage Road is a/so � important. Relocation of the loading and delivery funcfions and entry to � parking structure is strongly encouraged to reduce tra�c on Meadow Drive. Potential#o improve �re access also exists in the redevelopment scheme. � Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. �' �: Town of Vail 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 applicant's request: _! � �� Article E. Commercial Service Center(CSC) District(in part) �: F: �. 12-7E-1: Purpose: � �. The Commercial Service Center Districf is intended to provide sites for general shopping � and commercial facilifies serving the Town, together with limited multip/e-family dwelling and t � lodge uses as may be appropriate without interfering with the basic commercial functions of � �' � 5 s s `ss' � F; t �c � � �; ► fhe District. The Commercial Service Center District is intended to ensure adequate light, air, � open space, and other amenities appropriate fo permifted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. Article 12-9A: Special Development(SDD) District(in part) Section 12-9A-1: Purpose: The purpose of the special development district is to encourape flexibilitv and creativitv in the development of/and in order to promote its most appropriafe use�to improve fhe desiqn character and pualitv of the new development with the town to facilitate the adequate and economical rovision of streets and utilities� to reserve the natural and scenic features of open space areas� and to further the overall qoa/s of the community as stated in the Vail comprehensive plan. An approved deve/opment plan for a spec►al development d►str►ct, m conjunction with fhe property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in the following zone districts:Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of this article. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards are shown in bold text in the table below. Januarv 15 2007. Proposal � The following is the zoning analysis of the currently approve SDD No. 39, Crossroads. 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. Densiry: 18 units/acre 28.4 units/acre 47.5 D.U.s 75 D.U.s GRFA: 46,051.6 sq. ft. 198,859 sq.ft. (40%) (172.7%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. ,,,� s . �' . . �.: ♦ � �' (75%) (93.6%) �� `Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% totai site) (37.6% total site) � Minimum Softscape of total permitted � 18,420.6 sq. ft. 13,433 sq. ft. � z (80%) (31.0%) � Maximum Hardscape of total permitted � at 4,605.1 sq. ft. 29,078 sq. ft. � (20%) (67.1%) Parking: 215 spaces 299 spaces �; (84 surplus spaces proposed to be in �< private parking club) � Mav 28. 2007, Proposal �; � The following is the zoning analysis of the currently proposed major amendments to SDD � No.39, Crossroads. The deviations to the prescribed development standards are shown in � bold text in the table below. � � Development Standard Allowed Proposed � �� Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) � � 115,129 s ft. �` Buildable Area: q• � � 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 29.1 units /acre 47.5 D.U.s 77 D.U.s � � �: GRFA: 46,051.6 sq. ft. 198,859 sq. ft. �;' (40%) (172.7%) � � 'Site Coverage: 86,346.8 sq. ft. 107,772 sq.ft. � (75%) (93.6%) �;: � 4,: �: Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. � (20% total site) (37.6% total site) � Minimum Softscape of total permitted �: 18,420.6 sq. ft. 13,433 sq. ft. � (80%) (31.0%) �`� Maximum Hardscape of total permitted a( 4,605.1 sq. ft. 29,078 sq. ft. �' � (20%) (67.1%) F � ,; � � � � , � ;; �, � • Parking: 215 spaces 299 spaces � (81 surplus spaces proposed to be in private parking club) VII. SURROUNDING LAND USES AND ZONING Land Use Zonin No�th: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibilify 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 deve/opment within the Town; to facilitate the adequate and economical provision of streets and utilities;fo preserve the natural and scenic features of open space areas;and to further the overall goals of fhe 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 Districf." 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, conditiona�, and accessory uses. The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards,or demonstrate that one or more of them is not applicable,or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the projecYs compliance with the nine SDD�eview criteria: A. Consideration of Factors Reqardinq 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. � s _ � � In a memorandum to the Planning and Environmental Commission dated January 23,2006, � � staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, � identity,character,visual integrity and orientation in great detail. As this proposal for a major ,,, amendment to SDD No. 39, Crossroads, does not include any changes to the architectural i n scale bulk buildin hei ht, buffer zones, identity, character, visual integrity and �' des g , , , 9 9 orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 75 to 77 and add the addition of several small dormers on the roof. These changes are accomplished within the approved bulk, mass, and height of the structure. The increase in the number of dwelling units is accomplished by turning two, 2- floor units into four, one-floor units. There are no changes to the approved heights and setbacks of the structure. ; B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. � 2 2006 �� In a memorandum to the Planning and Environmental Commission dated January 3, , staff discussed in detail the uses, activity, and density of the redeveloped Crossroads site �' and its compatibility to surrounding uses and activity. As this proposal for a major � amendment will affect the number of dwelling units on the site staff will focus on this aspect � of the proposal and its impact on this criterion. � � The above criterion specifically identifies the proposed density of a project as needing to be � compatible with surrounding properties. This property is restricted to 18 dwelling units/acre � per the underlying Commercial Service Center zoning. The applicant is proposing a density of 29.1 dwelling units/acre with 198,859 square feet of GRFA. The neighboring property to � � the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling �' units/acre, which the new development has proposed 8 dwelling units for a density of 2.9 �' dwelling units/acre with 135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel � was substantially accommodation units(123 units)and fractional fee units(14 units)which � do not count towards density. The adjacent property to the west, Vail Village Inn Phase III � (SDD#6), is limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance adopting SDD#6 it is not clear the number of dwelling units allowed, however, it identifies a �' minimum of 148 accommodation units and 64,267 square feet of GRFA shall be located in � Phase IV of the project, however the overall project has a much greater density. As can be seen the proposed Crossroads project has a greater density than the constructed or proposed neighboring properties and more GRFA. In the previous memorandum to the Planning and Environmental Commission staff provided an analysis of the development potential shifted from the area to be devoted to the public plaza to other portions of the site. �: Staff showed how the GRFA being proposed was less than possible development potential of the public plaza area in relation to the recommendations of the Vail Village Master Plan on height and density. Staff believes the proposed Crossroads redevelopment complies with this portion of the �;` criterion as the proposed public benefits outweigh all deviations proposed. � . �,. Emplovee Housina Reauirements � � As indicated in a number of the goals and objectives of the Town's Master Plans, providing �. affordable housing for employees is a critical issue which should be addressed through the �' �; planning process for SDD proposals. In reviewing the proposal presented to the Planning � � s � � � � � � and Environmental Commission on January 23, 2006, for empioyee 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. In the time since the last major amendment to SDD No. 39, Crossroads,was approved,the Town Council has adopted Ordinances No. 7 and No. 8, Series of 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. The following is an analysis of how the currently proposed Solaris would be reviewed under the new regulations. However,the changes proposed in this major amendment to increase the number of dwelling units from 75 to 77 would not generate any additional employee housing requirement as the approved GRFA and commerciat/retail floor area is not increasing. I. Existing Requirement for Solaris 22 Employees— mitigation negotiated as part of the DIA II. Net New GRFA for Solaris A. Residential Increase = Inclusionary Zoning Increase in GRFA from 25,385 sq. ft. to 198,859 sq. ft. = 173,474 sq. ft. increase � Inclusionary Zoning requirement= 10 percent of net new residential sq. ft. : 173,474 sq.ft. x 10 % � = 17,347.4 sq.ft. required deed restricted employee housing B. Possible Methods of Mitigation for Inclusionary Zoning 1. On-Site Provide on-site deed restricted units of at least 17,347.4 sq. ft. 2. Off-Site Provide off-site deed restricted units of at least 17,347.4 sq. ft. 3. Fee-in-Lieu Provide a fee-in-lieu payment to the Town of Vail of 17,347.4 sq. ft. x $236.65 /sq. ft. _ $4,105,262.21 4. Dedicate land to the Town of Vail suitable to develop at least 17,347.4 sq. ft. of units. Requires Vail Town Council approval � 10 � III. Net New Commercial Sq. Ft. for Solaris � A. Commercial Increase = Commercial Linkage Gommercial Linkage requirement= 20% of net new employees generated 1. Increase in Retail sq. ft. from 22,116 sq. ft. to 36,336 sq. ft. = 14,220 sq. ft. increase ��. � 14,220 sq.ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation = 6.8 employees to be provided deed restricted employee housing 2. Decrease in Office sq. ft. from 20,000 sq. ft. to zero sq. ft. � = 20,000 sq. ft. decrease �' 20,000 sq.ft./ 1,000 x 3.2 employees (Business Office) x 20% mitigation _ (12.8) employees - credit �"` � 3. Increase in Eating/Drinking sq. ft. from 13,550 sq. ft. to �'; 22,779 sq. ft. = 9,229 sq. ft. increase � � � 9,229 sq. ft./ 1,000 x 6.75 employees (Eating/Drinking) � x 20% mitigation �` = 12.4 employees to be provided deed restricted employee housing �; 4. Decrease in Bank sq. ft. from 2,750 sq. ft. to zero sq. ft. =2,750 sq. ft. decrease 2,750 sq.ft. 11,000 x 2.4 employees (Retail a'','; Store/Personal Service)x 20% mitigation � _ (1.4) employees—credit � 5. Decrease in Grocery sq. ft. from 6,240 sq. ft. to zero sq. ft. �, = 6,240 sq. ft. decrease � 6,240 sq. ft./ 1,000 x 2.4 employees (Retail � Store/Personal Service)x 20% mitigation =(2.9) employees—credit �.<. 6. Total 2.17 employees to be provided deed restricted employee housing � � � 11 � � � � �, �+ � B. Possible Methods of Mitigation for Commercial Linkage � 1. On-Site Provide on-site at least a 438 sq. ft. studio unit and pay a fee-in-lieu for the remaining .92 employee requirement Provide on-site at least a 613 sq. ft. one-bedroom Unit and pay a fee-in-lieu for the remaining .42 employee requirement Provide on-site at least a 788 sq. ft. finro-bedroom Unit (exceeds requirement) 2. Off-Site Provide off-site at least a 613 sq. ft. one-bedroom Unit and pay a fee-in-lieu for the remaining .42 employee requirement Provide off-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) 3. Fee-in-Lieu Provide a fee-in-lieu payment to the Town of Vail of � 2.17 employees x$131,385 = $285,105.45 4. Dedicate land to the Town of Vail suitable to develop at least a 788 sq. ft. ur�it. Requires Vail Town Council approval According to the calculations above,the project, if reviewed under the current regulations as a new project, would be required to provide 17,347 sq. ft. of deed restricted employee housing per the options listed above and provide employee housing for 2.17 employees per the options lisfed above. In previously amending SDD No. 39, Crossroads,the Town Council required the applicant to provide twenty-finro (22)employee beds. Staff recommends that this number of employee housing units not be increased as there is no increase in GRFA or commercial floor area with the proposed amendment which would require an increase the number of employee housing units to be provided. Staff would suggest the following language be forwarded to the Town Council. Employee Housing: Crossroads shall furnish deed restricfed employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) resfricted shall conform to the following floor area requirements:a one-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodafe no � more than 3 occupants; a three-bedroom unit shall contain at/east 1,350 sq. ft. of 12 . , �' � � � floor area and accommodate no more than 4 occupants; and a four-bedroom unit � �ir shall contain at/east 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 sha/l 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 emp/oyee housing unit shall comp/y with the standards and procedures established by the Town Zoning � Regulations. �. g� Staff believes that the proposal complies with this portion of the criterion. ; � C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of � the Vail Town Code. ' Anal sis outlined in Section VI of this memorandum, the total � As indicated in the Zoning y number of required parking spaces for the Crossroads project is 218 spaces. The � applicants are proposing to provide a total of 299 spaces, all of which are to be provided in the proposed underground parking structure. The 81 additional parking spaces proposed to � be constructed above and beyond that which is required are proposed to be placed in a � private parking club. The proposed subterranean parking structure permits a public plaza on � the surface which contains an ice skating rink. � In order to establish a private parking club offering parking spaces,the Town Code requires �. � the review and approval of a conditional use permit by the Commission. The applicant is � approvals to establish an 81 stall private parking club. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum to the �'; Planning and Environmental Commission dated February 26, 2007. �. The applicant is proposing to utilize all of the 81 surplus parking spaces in a private parking � club in which participants would lease a space or potentially purchase if the applicant �; chooses to condominiumize the spaces. The applicant desires to maintain ownership of the � parking spaces to avoid not having enough parking for the retail, restaurant,and office uses if the project becomes as successful as anticipated. There is a possibility that as various � tenants begin to design and occupy their spaces that additional surplus parking may become � available. When calculating the required parking staff and the applicant were conservative � in estimating what percentage of restaurant spaces will become areas not assessed pa�lcing. An analysis will need to be run as each tenant goes in for building permit and as tenants � change out in the future. The applicant can return before the Commission at a later date if additional surplus parking is created based on tenant make-up to amend the conditional use � permit. The applicant has not proposed any changes to the compliant loading and delivery facility � associated with the project. Staff believes that the application complies with this criterion. � � � D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town � policies and Urban Design Plan. � � � 13 � � s � �t �, �` 1 In a memorandum to the Planning and Environmental Commission dated January 23,2006, � staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special devetopment district. Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment,maintaining a balance befinreen residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core/Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and � should be preserved. (scale, alpine character, smalt town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives,provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. According to the Official Town of Vail Land Use Plan map,the applicant's proposed redevelopment site is located with the "Vail Village Master P/an"land use category. � Pursuant to the Plan, the "Vail Village Master P/an"land use category description, 14 . � � � - � � € � � � "Vail Village has been designated separately as a mixed use area and accounts for 77 acres �; or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail Villaqe Master Plan study addressed this area specifically in more detail." �. � �: Staff believes that the application complies with the goals and objectives identified above. �: � Vail Villaqe Master Plan � Staff believes that the following stated goals of the Vail Village�Master Plan are applicable to � this major amendment application: �; � � Goal #2: To foster a strong tourist industry and promote year-around �: economic health and viability for the Village and for the community as a � whole. � Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercia/ facilifies to better serve the needs of our guests. � As discussed in this section of the memorandum,staff believes that the application complies � with all the goals and objectives of the Vail Comprehensive plan. � E. Identification and mitigation of natural andlor geologic hazards that affect the �: property on which the special development district is proposed. � � According to the Official Town of Vail Geologic Hazard Maps,the Crossroads development �' site is not located in any geologically sensitive areas. Staff believes that the application � � complies with this criterion. " � F. Site plan, building design and location and open space provisions designed to �;' produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the site plan, building design and location and open space � provisions in great detail. As this proposal for a major amendment to SDD No. 39, # Crossroads,does not include any changes to the site plan, building design and location and � open space provisions of the approved structure staff has not included the discussion on � these review points. �. Staff believes the proposal complies with this criterion. � G. A circulation system designed for both vehicles and pedestrians addressing on � and off-site traffic circulation. �` � �> The Town of Vail Public Works Department has reviewed the proposed plans for circulation to ensure that it is designed well for both vehicles and pedestrians on and off the site. �` 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 � � 15 �' �' � 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 C). The traffic report submitted by the applicant depicts overall intersection levels for existing and future service being maintained at a Level Of Service (LOS)A. However, the Village Center Road northbound left turn movement is a LOS of C and with the development of this project this movements delay increases by approximately 15% but the LOS remains at a level of C. The overall impact on Village Center Road's north bound left turn�ane 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$6,500 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 81 PM Peak Hour trips for the Crossroads project. At $6,500 per net trip this results in an impact fee of$526,500. The Public Works Department is still working out the final details of the revised traffic report with the applicant and believes the peak net trip increase may go up slightly based on the specific uses which will eventually occupy the commercial/retail space. The applicant has agreed that prior to requesting a temporary certificate of occupancy or certificate of occupancy that a revised traffic study will be performed based on the use and square footage of each use within the commercial/retail spaces of the project. This impact fee shall not be offset by any public improvements. The impact fee shall be submitted to the Town of Vail to be used specifically for traffic improvements as deemed necessary by the Town of Vail. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. � The applicant is still proposing a large plaza along East Meadow Drive which contains an ice skating rink i�the winter and a pop jet water feature in the warmer months. The approved plaza has been reworked to address Design Review Board input since the Planning and Environmental Commission recommended approval of the establishment of SDD No. 39, Crossroads. The planter bed locations and the landscaping to be planted in each have been carefully selected in order for the retail to be as visible as possible. The applicanYs proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval,with conditions to the Vail Town Council on a proposed major amendment to Special Development District No. � 39, Crossroads, pursuant to Article 12-9(A),Special Development District,Vail Town Code, 16 . � � . � �! �` �; � to allow for an increase in the number of dwelling units from 75 units to 77 units and the � addition of several dormers, 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. f � 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 motiorr. �" Special Development District No. 39, Crossroads � "That the proposal to amend Specia/ Development Districf No. 39, Crossroads, � complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town � Code. Furthermore, the applicant has demonstrated to the satisfaction of the �' Commission, based upon the festimony and evidence presented during the public � hearing, that any adverse effects of the requested deviations from the development � standards of the underl in zonin are oufwe� hed b the ublic bene�ts rovided. � Y 9 9' 9 Y P P � Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. �` � � That the proposed gross residential floor area of 172J%of lot area, additional thirty � � dwelling units over allowab/e(at 29.1 units per acre totaQ in the Commercia/Service �: Center zone district is in conformance with applicable elements of the Vail � Comprehensive Master Plan. � �- �; That the development is in compliance with the purposes of the Commercial Service � Center zone district, that fhe proposal is consistent with applicable elements of the � Vail Vil/age Master P/an, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood,and that the proposal substantially complies with other applicab/e elemenfs of the Vail Comprehensive P/an." �; � Should the Planning and Environmental Commission choose to recommend approval the �` applicanYs 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 ' improvemenfis, 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 pla�a 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 detai�s for funding public art. ` � � � � 17 � � � �; 1 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. 3. 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. 4. 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 5. The Developer shall submit a written letter agreeing to install a public safety radio °"� communications system within the subterranean parking structure which meets the `•rr 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. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of$6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the tra�c generation created by the specific tenants thatwill tease � the commercial/retail space within the project. This change may cause the trip �s � . � . , generation to increase. The applicant shall be responsible for mitigating the number � of nef peak trip increases depicted in the revised study. This impact fee shall not be �' offset by any public improvements and shall be paid prior to requesting a temporary r certificate of occupancy or certificate of occupancy. � . � 3. 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 g Town prior to the issuance of a temporary certificate of occupancy. This includes but �' is not limited to the proposed streetscape improvements. � " � � 4. 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 4 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 i the procedures outlined in Section 12-9A-4, Vail Town Code. g'' � � 5. Employee Housing: Crossroads shall furnish deed restricted employee housing �; sufficient to accommodate 22 occupants by executing appropriate restrictive � covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall � conform to the following floor area requirements:a one-bedroom unit shall contain at �` � least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no � more than 3 occupants; a three-bedroom unit shall contam 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 mmor 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. � 6. The approval of SDD No.39, Crossroads,shall restrict the uses upon the plaza level � tenant spaces to retail uses solely and shall not be utilized for professional offices, �! business offices, and studios. The second floor retail space may be utilized for any � allowable or conditional use as listed in the Commercial Service Center Zone � District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be � allowed on the plaza level of retail during the first finro years following the issuance of � a certificate of occupancy in order to allow effective sales of dwelling units on-site. �, k k^ 4 �.. �i �', � �, s 19 �, � ; �' � T X. ATTACHMENTS � A. Reduce plans of the proposal dated May 28, 2007 B. Application for a Maior Amendment to Special Development District No, 39, Crossroads to allow for an increase from 75 to 77dwelinq units Dated May 2007 C. Public Works memo dated January 16, 2006 D. Public Notification � � 20 tg �,� : , :x "K` � �.' . 4 �( ` E �� , 5. ��i ' ' ""_ �' w ' � r .. s` � � � � '1 �%/��, E '�� ,e��''i v�� ,��. � ' 1 ;�4� ':� � ��'"i'+� - ,'�� g' a' � � � .�. • ,1. �, . " �� . ' ,~ p��: . ' . ;� '�,� . . .��` ... � �.. �� . . � � r - �e: (k'� • i i .i �� y'� ' . . r_� �.. 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' �' , . � . �' � � �; Owner and Consvltant Directory � �� Owner/Applicant: �' Peter Knobel Production Architect �` Crossroads East One, LLC Davis Partnership I 43 East Meadow Drive 0225 Main Street, Un�t C 1 O I Vail, CO 81 620 Edwards, CO 81 632 � 970-92G-89G0 � Planning � Mauriello Planning Group, LLC Traffic Consultant �` PO Box I I 27 Fox 1liggins Transportation �' � Avon, CO 8 I 620 PO Box I 9768 �' 970-748-0920 Boulder, CO 80308-27G8 �: 303-589-90 I I � Design Architect �� Barnes Coy Architects �` PO Box 763 Bridgehampton, NY I I 932 G3 I -537-3555 � � � � r � � � � � � � �`. , � � �" � � �" � � �_ �` fir �. �^ g � 5 � � ! � �: �; ¥' • . • . - . - - . •�_ ... . -. .- . �- - .. - � . . ... . . . - _ _,_ _ .. - . . ... . . ... . -. . _' . - . , -. . . .., . . . . •' : • . . � � . - . • - - • •• .ii • -i . - - • �' • i • • � i , i - -• - - r • -- • i -i - - • • � - - - -. - i . . � - • - • �� ' � . • • • - i - - • • - . - • . .. • • �. 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' '/ 'I • ' ' • ' / • •: -�- ' ••u-� - • � .�� • � ' � . II. Application Process � � � The addition of 2 dwelling units is a ma�or amendment to SDD #39. The followin9 is the definition of a ma�or amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIt�N): Any proposal to change uses; mcrease gross � �', residential floor area; change the number of dwelling or accommodation un�ts; modify, enlarge or expand ary approved special development district (other than "minor. amendments" as defined m this section), �, except as provided under section I 2-I 5-4, "Interior Conversions", or I 2-I 5-5, "Additional Gross # Residential Fioor Area (250 Ordinance)", of this title. III. Submittal Re�uirements � z �' The following is a list of the submittal rec�uirements for a ma�or 5DD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not afFected by the ma�or amendment. Fee Submitted Stamped, addressed envelopes and a hst of the property owners Submitted �` ad acent to the sub ect ro ert �' Title Re ort Submitted � Written a roval Submitted � A written statement addressing the followmg: Submitted � � a. Describe the nature of the pro�ect to include information on proposed uses, densities, nature of the development proposed, �, � contemplated ownership patterns and phasing plans. b. A statement outhning how and where the proposed � development deviaCes from the development standards � rescribed in the ro ert 's underl m zone district. � A com lete zonm analysis Submitted Stam ed To o ra hic Survey Refer to the ori inal submittal— no chan e Existm and Pro osed Site and Gradm Plans Refer to the ori mal submittal—no chan c � A Viarnty Plan Refer to the origmal submittal—no change �, A landsca e Plan Refer to the ori inal submittal —no chan e �;; A Roof liei ht Plan Refer to the ori inal submittal —no chan e � Existin and Pro osed Architectural Elevations Refer to the ori mal submittai— no chan e �; Existin and Pro osed Architectural Floor Plans Submitted Sun/shade anal sis Refer to the ori mal submittal—no chan e All lans must also be submitted m 8.5. x I I . reduced format. Submitted � An Architectural or massin model Refer to the ori inal submitEal— no chan e � Photo overla s Refer to the ori inal submittai—no chan e Parkin needs assessment and vehicular circulation analysis Submitted � An Environmental Impact R,eport Refer to the origmal submittal—no change � �', � �; � g �*: £ � A- � 3 � Cmssmads Redevelopment � a Mauaello Planniag Gmup,LLC � �: �; � � � �' . IV. Detailed Pro�ect Description and Zoning Analysis A. Resident,�a/floo�Ar�as � While we are rec�uesting an increase in density from 75 units to 77 units, there is no change in the approved gross residentiai floor area. B. Pa�king Below is a table documenting the parwng rec�uirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 299 parking spaces to meet the parking rec�uirements of the pro�ect including the 81 space private parking club, reduced from 84 spaces from the previous approval. Use #of Units/S . Ft. Code Rat�os Total Dwellm Units 77 1 .4 107.8 �� 35, I 17 0.0023 80.77 Theater seatm 3,248 0.006060606 19.68 Restaurant seatm 4,4 I 2 0.004 I 7.65 Bowlin I,I 70 0.0023 2.69 Total 228.59 5% reduction I I .43 Net Re uired Parkin 217.I 6 Parian Provided 299.00 Parkin Club Parwn 8� C. Deizsity � Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 75 units to 77 un�ts. The site is 2.4G3 acres. The current approval allows for 28.3 units per acre. The proposed increase to 77 units results in a proposed density of 3 I .26 dwelling units per acre. ��.�-- _ n ri - ��z:�� -�� . � ,� d � � � � ` � ,!}• �` � F I�3 � �� ' � � 14--.:. �.iC... � '�a. s„-, ' 'J Y Umts�77 and 75 were previously the second level of urnts 72 and 67 on the tevel below.. , 4 �Cmssmads Redevelopment Mauriello Planning Gmup,LLC . � �, �_ VI. Speaal Development District — Standards and Criter�a � � � "The purpose of the s/�eaal deve%pment dis�ric�is to encourage flexibility and creatiurty m the � deve%pment of /and in or�de� to promote i�s most ap/�r�opriate use; to impr�ove the design � cha�ac�er and guaGty of the new deve%ment with Ehe Town; �o facihtaE�e the adequate and �' economica/provrsion of st�eets and util�ties; �o p�eserve Ehe natural and scenic Featur�es of open � space a�eas; and to Further� the ove�all goals of the community as stated in the Vail compr�ehensive plan." � The following design criteria are used by the Town in the evaluation of a 5pecial Development � District. The proposed Solaris redevelopment plan adequately addresses each of these �; criteria. Below is a summary of how the pro�ect implements each of these criteria. �' A. Compatibihty: Design compatibility and sensitivity to the immediate environment, � � neighborhood and ad�acer�t properties relative to archite�tural design, scale, � bulk, buildmg height, bufFer zones, identity, character, visual integrity and �; � orientation. �. � Our Analysis: � � The proposed Solaris redevelopment plan was designed to be compatible with �! the mountain environment and the new trends m alpme architecture. While the �;. site is not located in the area regulated by the Vail Village Urban Design Guide �' Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village � ad�acent to the South Frontage Road. The Vail Village Master Plan recommends �' taller buildings be concentrated along the Frontage Road and step down toward � the village core. The proposed structures follow this guideline. The site is also � being redeveloped in the context of recent approvals made by the Town on �' ad�acent sites. The Vail Plaza Hotel and the Four 5eason pro�ects have both been approved fol�owing the same general concept of taller buildmgs along the � Frontage Road. However, the Crossroads pro�ect, unlike the other two, focuses �' more of the building bulk and mass along the Frontage Road in order to maintain a �` lar9e public plaza (I/2-acre m area) along the south side of the site. � � � The pro�osed plan provides generous setbacks to ad�acent development located to the west of the site and the buildin9s are oriented to help maintain views in the �; a rea. �;; �. The building was also designed to appear as several building forms. The roof �"; ridges were turned north south to prevent a long continuous roof ridge running east west across the site which has been fairly common on other redevelopment � pro�ects. There are no ma�or flat roofs proposed on this structure. � � � � � � 5 � � � Cmssmads Redevelopmeat � Mauaello Planning Gmup,LLC � r. �: `r:' � � s �? S � . The additional dormer break up the roof even more than the previous approval. The dormers are not likely to be perceived except from above or far away. There � is no impact on bulk and mass. The materials are of the highest c�uality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and braang, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally rec�uired. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. A statement from the Lionshead Master Plan sums up our belief about new Vail arch�tecture: "the architectural language...should strive to reinterpret its heritage and look to the future, instead of simply mimicking the past." The design of the buildin9 also creates an identity to stimulate visual interest and help anchor the East Meadow Drive area of Vail as a sought after destination. The design will help draw people to back to Vail and East Meadow Drive in particular. The proposed development plan is compatible with the area. The site is located across the street from the 5onnenalp redevelopment pro�ect and ad�acent to the Vail Plaza Flotel redevelopment pro�ect. While the proposed building will not be the same scale as the existing three to six-story structures that make up the remainder of the Vail Village Inn (VVI), the plan recognizes the long-term need to redevelop the remaining portions of the VVI to a scale and c�uality reflective of � current trends. B. Relationship: Uses, activity and density which provide a compatible, efFicient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commeraal development. The Vail Village Master Plan recognizes this area of Town as mixed-use commeraal and h�gh density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed pro�ect provides an increase in retail and restaurant space, new movie theaters, bowlmg alley, and arcade which do not exist to this degree of c�uality in Vail, new public plaza spaces and amenities, and high quality residential development. The proposed uses will anchor this portion of the Vail Village and generate activity that will not only benefit the retail shops at Crossroads but all of the businesses in the surrounding area. The parlung provided on this site will generate pedestrian traffic to all areas of East Meadow Drive and the village core. The proposed pro�ect creates a compatible, efficient, and workable relationship with surrounding uses and activities. 6 �Cmssmads Redevelopmeat Mauaello Planning Gmup,LLC C. Parwng and Loadmg: Compl�ance with parking and loading rec�uirements as � outhned in Chapter I O of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter I O of the Zoning Regulations. P�ease refer to other sections of this report and the proposed development plan for details on parking and loading. D. Comprehenswe Plan: Conformity with applicable elements of the Vail � Comprehensive Plan, Town policies and urban design �lans. Our Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town poliaes. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. E. Natural and/or 6eologic 1lazard: Identification and mitigation of natural and/or geologic hazards that affect the �roperty on which the special development district is proposed. Our Analxsis: There are no natural or geologic hazards existing or mapped by the Town on the � � Crossroads site. � F. Design Features: 5ite plan, building design and location and open space , provisions designed to produce a functional developmerit responsive and sensitive to natural features, vegetation and overall aesthetic auality of the community. Our Anal�is: The 5olaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The � proposed pro�ect was designed to reflect mountain alpine architecture, the alpine climate, and c�uality demanded by the Town. The pro�ect was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed plan includes a large open plaza (nearly 20% of the area of the entire site). This I/2-acre plaza will improve the Town's ability to �- accommodate outdoor gatherings and events. The proposed landscape plan � introduces additional trees and vegetation in mean�ngful locations throughout the site to improve the aesthetics of the site and the surrounding area. �' 7 �+ Cmssroads Redevelopment � Mauriello Planning Gmup,LLC � � �- G. Traffic: A circulation system designed for both vehicies and pedestrians addressmg on and off-site traffic arculation. � Our Analysis: The 5olaris pro�ect has been designed to address three ma�or issues within the Town: availabil�ty and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long-standing goal of the Town is to remove loading and delivery entering the Solaris site through E. Meadow Drive and reciuire access directly to the 5outh Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the 5outh Frontage Road. The loadmg facility indudes five loadmg berths, the maximum rec�uired by the Town Code for a mixed-use facility. The loading dock also includes a trash faality for the pro�ect. The loading dock provides access to grade on the west side of the site to allow for use by merchants on ad�acent sites. All of the parkmg for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stackmg into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a porte cochere along the 5outh Frontage Road for residential guests arriving at the site. The porte cochere will provide temporary pick-up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EII� for this pro�ect and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial uses are finalized. This report indicates that al) � roadways ad�acent to the site have excess capacity upon completion of this redevelopment pro�ect. There is no need for ma�or roadway improvements due to the traffic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all ad�acent roadways and between the VVI pro�ect and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. f1. Landscaping: Functional and aesthetic landscapmg and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: The 5olaris pro�ect is currently developed with buildings, structured parking, and surface parking. There is very tittle existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. flowever, the proposed redevelopment plan for 5olaris provides significant landscape material5 Crossroads Redevelopmeat $ � Mauriello Planning GmuP,LLC ' � � . � �' in strategic locations which do not interfere with retad store fronts or needed � � gathering spaces. The proposed hardscape areas of the site provide an aesthet�c aua�ity not currently existing in the area. The proposed development pfan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. � I. Workable Plan: Phasin lan or subdwision lan that will maintam a workable, � 9 I' I' � functional and efficient relationship throughout the developmerit of the special development district. �. � Our Analysis: � The pro�ect is proposed to be developed in one phase. Permits for demolition �` �, and excavation will be pursued prior to a full building permit being issued for the pro�ect. A condominium plat will be required prior to CO of the pro�ect. �' �: � �.: �; � � � � � � �i �: � �` � � �_ �: �,; � �: �;; �'. �`` �' �. �: �' �, €:,, � �! � � t, � � h � � _ 9 � Crossmads Redevelopment � Maudello Planning Gmup,LLC � � � �'- � VIII. Ad�acent Property Owners VILIAGE INN PLAZA CONDOMINIUM VAI�VILLAGE PLAZA CONDOMINIUM � ASSOCIATION ASSOCIATION JOSEF STAUFER C/O ABPIANALP LAW OFFICE LLC I00 E MEADOW DR#3 I P05T OFFICE BOX 2800 VAIL, CO 81657 VAIL, CO 81658 VILIAGE INN PIAZA-PFIASE V CONDOMINIUM VAIL VILIAGE PIAZA CONDOMINIUM ASSOCIATION ASSOCIATION I 00 FAST MFADOW DRIVE STE 3 I SALLY HANLON VAIL, GO 81657 385 GORE CREEK DRIVE- NO. R-2 VAIL, CO 8 I 657 VILIAGE INN PLAZA GONDOMINIUM ASSOGIATION VAIL DOVER ASSOCIATES LLG GOLORADO REGISTRATION, INC. 4148 N ARCADIA DR 880 F10MF5TEAD DR1VE, NO. 25 PHOENIX, AZ 850I 8 EDWARDS, CO 8 I 632 VAIL CORE GONDOMINIUM ASSOCIATION, INC. VILIAGE INN PIAZA-PIIASE V CONDOMINIUM f1ELEN E. BIRD ASSOCIATION P O BOX 5940 COLORADO REGISTRATION, INC AVON, GO 81 620 880 t10ME5TF�1D DRIVE NO. 25 EDWARDS, CO 81632 AUSTRIA NAUS CONDO ASSOC INC 20 VAIL RD VILLAGE INN PIAZA-PI1A5E V GONDOMINIUM VAIL, CO 81657 ASSOGIATION COLORADO RE615TRATION, INC AUSTRIA I1AUS CONDOMINIUM ASSOGIATION, � PO BOX 666 INC. VAIL, CO 81658 J011N MILLS C/O SONNENALP I10TEL 20 VAIL ROAD VILLAGE INN PfAZA CONDOMINIUM VAIL, CO 81657 ASSOCIATION COLORADO REGISTRATION, INC. I1IBBERD, FRFD, JIZ POST OFFIGE BOX 666 400 NW RIDGE RD VAIL, CO 8 I 658 JACIC,SON, WY 8300 I JOSEF STAUFER TOWN OF VAIL P O BOX 666 C/O FINANGE DEPT VAIL, CO 81658 75 S FRONTAGE RD VAIL, CO 8 I 657 VAIL VILIAGE PIAZA CONDOMINIUM ASSOCIATION VILIAGE CENTER ASSOC I 43 E. MEADOW DIZIVE NO. 360 I 24 WILLOW BRIDGE RD C/O SLIFER MANAGEMENT CO VAIL, CO 8 I 657 VAIL, CO 8 I 657 SONNENALP PROPERTIES INC VAIL VILIAGE PIAZA CONDOMINIUM 20 VAIL RD ASSOCIATION VAIL, CO 8 I 657 SALLY FIANLON ABPIANALP IAW OFFICE LLC CDOT POST OFFICE BOX 2800 420I E. ARKANSAS AVENUE VAIL, CO 81658 DENVER, CO 80222 10 �Cmssmads Redevelopment Mauriello Planning Gmup,LLC ��.�� , CROSSROADS FJ�ST ONE LLC � MAURIELLO PIANNING GROUP, LLC 329 MILL CREEK CIR �� POST OFFICE BOX 1 I 27 VAIL, CO 81657 �` AVON, GO 81620 KNOBEL CIIILDRFNS INVESTMENT TRUST I 996 � CROSSROADS OF VAIL GONDOMINIUM 392 MILL CRFEK GIR ` ASSOCIATION VAIL, CO 8 I 657 �� F,: cRai� coHN �:; 22 I I NORTII FRONTAGE ROAD, SUITE A SPRADDLE CREEK LLC � VAIL, CO 8 I 657 392 MILL CREEK CR � VAIL, CO 81657 � � �i � �, �° �: # �', F � � � � � �. �; �' � � � � �, �. � �' �'' �; � � �' � �' �" � � �' � � � 11 � � Cmssmads Redevelopment � Mauriello Planning Group,LLC � � � s � MEMO � � To: Warren Campbell, Senior Planner From: Tom Kassmel, Town Engineer Re: Crossroads Redevelopment-Public Works Commeilts Date: O 1-16-06 After a review af the submittal of the Crossroad redevelopment plans, the Public Works Departments finds the following issues that will need to Ue addressed ptzor to final approval. The following outlines comments that will need to be conditions of approval of PEC. Public Worlcs conditions of approval: 1. Final Civil Engineering drawings a�id Final Drair�age Rep s and standasds.�`A�l prior to Building pennit submittal and meet all Town code � additional2 to 6 month review a�ld cominent peilod will be required for tliis submittal. 2. The access off the S. Fronta.ge Rd. is key to this de��elopment. A C-DOT access permit shall be approved by CDOT prior to Building pen11it subinittal and shall be a condition of PEC approval. If changes to the PEC approved plans are required by C-DOT to facilitate an Access Permit the applicant will be required to retui�l for an ainendinent to the PEC approved plans. � J 3. Prior to subinittal of Uuilding peimit CDOT shall have approved the construction drawings for the S. Frontage Rd. 4. Village Center Road sllall be graded with a normal crown. 5. The plaza grading shall match��1 Town of VailleThis may requ,ire an elevation grading currently be designed by change of the pla.za. Please coordinate with tlle Tovv��of Vail. 6. The alignment�F East Meadow drive may be required to shift to the nortli at the intersection of Village Center Rd. as a result of improvements being proposed by Village Center. Please coordinate with Village Center and Town of Vail. 7. Applicant shall Ue responsible for the complete design and construction of the roadway improvements as shown on the Crossroads Pubiic I�ngrovements plan dated 12/12/OS and also the complete desigii of the remainder of Willow Sridge Rd. going soudi to the International Bridge, excluding but�llatching those improvements Ueing designed and constructed by One Willow Place Road. This iilclud.es streetscape,heated sidewalk and streets, landscape, pla�lters, lighting, imgation, signage, and storm draing��e South F ont ge Rd Center Rd., East Meadaw Drive,Willow Bndge Rd , 8. The heated streetscape proposed witlun the public ROW sl�all be coi�structed, operated, and maintained by Crossroads as delineateci in the plan dated December 12, 2005. The heated improvements proposed to be constructed on Village Center Rd. will be a benefit to die snow maintenance of Village Center Rd., however currently it is not within the Town's plan to pay for the construction of a boiler � Attachment C . � . plant of this area nor is it withiii flie Town's plan to pay for its operation and � � maintenance. This will require further commitnient fiom the Tov��n once tl�ese �. `� improvements are constructed. If the Town does not commit to pa�ring far the said improvemei�ts or operations, it may be l�eneficiai to leave thi.s st�eet as � asphalt pavement. Non-heated brick pavers on this stretch of steep roadway will be required to Ue plowed regularly and will cause sig�lificant damage to the pavers. 9. All private improveinents within the puUlic ROW, including any temporary shoring that is to remain in place, will require a Revocable ROW peimit. � 10. All shoring walls shall reinain within the private property limits. 11. The proposed c�rainage system along lhe S. Frontage Rd. shail be coordinated with Vail Plaza Hotel and tied into the Vail Plaza hotel proposed stoini sew�r system. 12. All grading and drainage for parkiiig stru.cture is required to be shown. Pro�ride a sand/oil separator. � 13. A Traffic impact fee of$5000 per additioilal pm�eak trip generation(68 trips @ � $5000= $340,000) shall be assessed to the developer and held Uy the Town of Vail to implement a fuhue traffie solution east of crossroads that facilitates haffic and U-ttirn movements. 14. All necessaxy easements, agreements,honds, and permits must be in place prior to building permit submittal. (i.e. construction easements on adjacent properties, utility easements, pedestrian easements, draina.ge easeinents, access ea.Sements, revocable ROW permit, ROW pennit, etc...) 15. An exca.vation shoring plan shall be required to be approved prior to Building � permit submittal. This shall include cross sections,profiles, and plans slaowing all -� eonflicts and nail locations. It should Ue noted thai any encrc�acluneilt into CDOT ROW (i.e. shoring) will require their ap�roval and tnay include, a lease � agreement,pennit etc... � �' 16. Tl�e develo�er shall be responsible to conshuct all necessary stonn water improvements in order to convey all cont�-ibuting on-site and adjacent aff-site _ drainage to gore creek. 17. The open plaza sl�ould be dedicated, siinilu•to the Lionshead Core Site Pedestrias� Plaza as a public access easement. 18. Tlie developer shall incorporate Art in Public Places anci coordinate with AIPP for implementation. 19. The loading and delivery facility shall Ue u�ade available to provide capacity ta other sites. This will require easy access from the delivery facility, dawn a service elevator, then direct access to the plaza level, an easement for this access will be required. � 20. A stotmwateY discharge pennit azZd erosion control plan will be required prior to building pei7nit approval. 21. Ai� approved staging plan,phasing plan, and consti-uctiou schedule shall be re uired prior to Building Permit approval. � q �, � � � � � � � , � �TOWN OF YAIL � THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on June 25, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council on a proposed major ' (�' amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- �l�'�� 9A, Special Development District, Vail Town Code, to allow for an increase in the �t� V� number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) � Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published June 8, 2007, in the Vail Daily. � Attachment D Page 1 . °+. � � � Special Develo ment District SDD � � p ( ) Application for Review by the G �' Planning and Environmental Commission v �� Department of Community Development 75 South Frontage Road,Vail,Colorado 81657 O te1: 970.479.2128 fax: 970.479.2452 � web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a � building permit application. Please refer to the submittal requirements for the particular approval that is requested. � An application for Planning and Environmental Commission review cannot be accepted until all required information ' is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ❑ Rezoning $1300 ❑ Conditional Use Permit $650 ❑ Major Subdivision $1500 ❑ Floodplain Modification $400 � ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800 O Minor Amendment to an SDD $1000 ❑ Development Plan $1500 ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 � Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 � � Major Amendment to an SDD $1250 ❑ Variance $500 (noexteriormodifications) ❑ SignVariance $200 � � Description of the Request: � A major amendment to SDD #39, Crossroads, to allow for an increase from 75 to 77 units. � � � Location of the Proposal: Lot: e Block: sD Subdivision: vaii Village Filing i Physical Address' 143 E. Meadow Drive Parcel No.: 21oioa2olooi (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Special Development District #39 (underlying zoning of CSC) Name(s)of Owner(s): Crossroads East one LLc . . � Ma�Ung Address' 329 Miii Creek Circle • Vail, Phone' 970-476-1565 Owner(s)Signature(s): Mauriello Planning Group �' Name of Applicant: Mailing Address: Po aoX iia� _ Avon, CO 81620 Phone: 970-748-0920 � � E-mailAddress: dominic@mpgvail.com Fax 970-748-0377 �' �' For Office}� I • � � Fee Paid: 1.u�� Che k No.: �b'� By: ��' 4"� �� Meedng Date: Ci- �� PEC No.: Planner: Projed No.: � DF:\cdevlFORMS\Pertni ning\PEC\SDD10-18-2006.doc Page 1 of 7 1/4/06 MAY 2 9 Z001 TOWN OF VAIL � , �;' ***************************************s***********s*****************s********************** , �; TOWN OF VAIL, COLORADO Statement *********s********************************************************************************** Statement Number: R070000814 Amount: $1,250.00 05/30/200707:40 AM Payment Method: Check Init: JS Notation: 1050/SOLARIS PROPERTY OWNER LLC Permit No: PEC070035 Type: PEC -Maj SDD No Ext Chg Parcel No: 2101-082-0100-1 � Site Address: 143 E MEADOW DR VAIL Location: 143 E MEADOW DRIVE Total Fees: $1,250.00 This Payment: $1,250.00 Total ALL Pmts: $1,250.00 Balance: $0.00 ***************************************************************************************t**** ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 1,250.00 �?, � �� - �' �. � �' � � �, � � � � ': y � � � �; • � . �' � � T � � � ' � T R A N S P 0 R T A T t O N G R O U P MEMORANDUM �; Date: June 12, 2�07 #04008 Rev1 Tgen Campare Memo � � �; To: Allison Ochs, Mauriello Planning Group � �. From: Jo Ann Higgins, AIC � � Subject: Solaris Project (aka rossroads Redevelopment) —Trip Generation Comparison � �, This revised trip generation comparison memorandum has been prepared for the proposed Solaris project located on the southwest quadrant of the S. Frontage Road and Village Center Road intersection in Vail. The project was previously called the Crossroads Redevelopment project. This analysis builds on the findings of previous site traffic analyses and studies' for �' � the project. Since completion of the traffic study for the site, a more specific land use plan for � the site has been identified. The current land use plan results in a net reduction in retail space �; and slight increase in residential units on the site when compared to the land use analyzed in � the approved traffic study. �'' � � Site Trip Generation Comparison " � The vehicular traffic for the site land uses has been estimated based on current trip rates � contained in the Institute of Transportation Engineers (ITE) 7th Edition Trip Generation � manual.2 The rates applied to the current site land uses are the same as were used in the �' prior TIS for the site, including the reductions applied to the site uses. A comparison to the currently proposed renovated uses and previously analyzed trip generation for the site area land uses is presented in Table 1. ' � The currently proposed site land use plan will result in slightly higher traffic generation volumes than that analyzed in the TIS for the site. The new site uses are anticipated to generate 2,680 average daily trips (ADT) with 205 of these trips occurring during the evening peak hour �,j period. This is an increase of 108 daily trips and 13 peak hour trips when compared to the � prior land use plan analyzed in the traffic impact study. � � �' � � Tra_ffic Impact Studv for the Crossroads Redeveloament Proiect, Fox Higgins Transportation Group, Nov.8,2005. � — - � �° z Tria Generation, 7�"Edition, Institute of Transportation Engineers QTE),2003. � � � P.�. BOX 1976E�3, BOULDER, COL�RADO 80308•2`768 � �: PHONE: 303-652-35'71 • Fax: 303-77Z-2329 oR 303-552-6574 � � s �. � � . � � � Allison Ochs, Mauriello Planning Group Page 2 Solaris Project Trip Generation Comparison Memorandum �` June 12, 2007 The existing Crossroads site land use was calculated to generate 1,913 daily trips with 124 occurring during the peak hour period. Given this, the new traffic assigned to the adjacent street network as a result of the current renovated land use plan will be 767 daily one-way trips with 81 trips occurring during the peak hour period. � As identified in the traffic study for the site, the adjacent street network with planned �` modifications will sufficiently serve the net site added traffic volumes with minimal effects. With � adequate reserve capacity forecast at the adjacent intersections, it is anticipated that all surrounding intersections will function at levels similar to those identified in the traffic study with the additional 13 site peak hour trips. Conclusions In summary, this analysis reviewed site generated trafFc for the currently proposed Solaris � project land use plan. The current renovated uses will generate a total of 81 net new peak � hour trips to the adjacent street network. This revised traffic estimate is 13 peak hour trips � more than those analyzed for the site in the prior Crossroads traffic study. It is concluded that � the existing and planned street network will continue to sufficiently serve the projected site � generated traffic volumes, as reserve capacity was forecast in the study. Net increases in � � traffic by this project to the adjacent roadway system are negligible when considering the high traffic along the Frontage Road and adjacent intersections will continue to operate at a level of � service A overall which is at or similar to existing operations. �' �; � Attachments: Table 1 —Weekday Trip Generation Comparison � � � � � � � � � � �: � � � � � �' �. . � � J � X � 0 M � ~ N � � N � � M � q a �. a Y '� o a O = N N � � � � � C�Ff 0�0 � � a Q a � = t� N ,� N ax r� � O c`� � h �f � � � � � M � � M N e�- �' � � � m o j a o � c � a � .- rn cD v r� ca c� a a, � !� � M � O N f0 � C � fV I� N c'� G C C � � a a c m � M a� i„� � � � N M � �f � N c�i p O � N � � N � r- a�► e�- � � M m � � � O ~ � OMO c�7 � � � � � !}' CO �? � �[! � O O .i�' � N � � N o0 � � � I�S � � '3 � � � L � � m �', � � � (O �O 1� a0 aO O N � � Op � 1� y c fl. ip Q t0 I� N a0 N 1� N � � Of 'C �' � s. � � �t � N � � N N N � ^ � V m 0 Q Q V � � �` _ � M � tD M (O tD O cp � g�:� ti � � >, � � � a�0 N M � M � j m �.. � ` a m Q � � � � � � � � Q t m G� ? � CO tD N c0 t0 I� �n � � � � p> � m � F � +? +�+ O O � O O O o � ] � j � � •� � 7 � ^ C � � �5 a m � Q- � L� -p � a e m m w a � a� � a= � � ro o y � w � � 3 � 3 � uyi o\° o � LL LL LL LL C � � Z � Z E .0 V� � Y � (n (n fn !n � � C� v � � ` a � � O 3 � o000 � .__ Q - � � � � .Q � � o O O O � N (n � � O 4 � w G �. � � � � 3 � � •� � e .ys � � � a� � a E y � m � � � �' � o k � � o m ,� � W � � � N � � `n � o � °o m a � � � � �i t 'y r� °O c� � v � '� ,� _ � � 3 a� o � � ` � d m o E � o °' :°' c a „' O m 0 � i � v�i c a� a�i � y c' � `° m � r � � � 'C Z y � m � � CI � f6 � y a W � � p O V � C 2 z m � i � N C �. (p � p � �v� i0 m _ �v � � �c m 3 • .... y � � o � to � � .�m, � �. °� d �' � c � •� J y � qJ � f6 U I► G) p, C) ��. � � � � C Q L y � � � � � _ � �p p► f- � a W m � '� v�.. .� .�' Y C y � U Z 'p o Y a y J O � 'e ; � fn U' U m � U d � V W .� � Xa � Q , W a 3 � � � � � � o H p � r� � rri � c�O � = Q � � � o � . � V z oo rn v v v N m c� � � * .... ... .... � � �: �' . � . , � . � � � � Land Title Guarantee Company � CUSTOMER DISTRIBUTION � n Land T►tle � GIIARANTEE C(MIYANY g;. e Date: O1-12-2007 Our Order Number: VB50017470-2 Prnperty Address: UNIT C-4, THE RESIDENCES AT SOLARIS-VAIL VAIL, CO 81657 If you have any inquiries or require further assistance,please contact one of the numbers below: � For Closing Assistance: For Tide Assistance: Vail Closing Group Vail Tide Dept. ` � 108 S FRONTAGE RD W#203 Nicholas Sordi � VAIL, CO 81657 108 S FRONTAGE RD W#203 �` Phone: 970-476-2251 VAIL, CO 81657 Fax: 970 476-4534 Phone: 970-476-2251 Fax: 970-476-4732 � EMail: nsordi@itgc.com � � SLIFER SMTTH&FRAMPTON-HYATT SOLARIS PROPERTY OWNER,LLC �� 148 BEAVER CREEK PLAZA 143 E.MEADOW DR. �+ PO DRAWER 2820 SUITE 300 AVON,CO 81620 VAIL,CO 81657 ' Ann: DEBORAH WITTMAN Attr►: JON BOORD � Phone: 970-845-9400 Phone: 970-479-7566 � Fax: 970-845-7635 Fax: 970-479-7511 EMail:dwittrnan@slifer.net EMail:jon@solarisvail.com � Sent Via EMail Linked Commitment Delivery SOLARIS PARTNERS LLC,A FLORIDA LIMITED LIABILITY LAND TITLE GUARANTEE COMPANY 7900 GLADES ROAD 108 S FRONTAGE RD W#203 SUITE 330 VAIL,CO 81657 BOCA RATON,FL 33434 Atm: Vail Closing Group Phone: 561-477-9000 Phone: 970-476-2251 Fax: 561-477-8592 Fax: 970-476-4534 �'.' Sent Via Fax � � �i; � SOLARIS PROPERTY OWNER,LLC GARFIELD&HECHT,P.C. � 143 E.MEADOW DR. 0070 BENCHMARK ROAD �7t SU1TE 300 UNIT 104,AVON TOWN SQUARE �, VAIL,CO 81657 AVON,CO 81620 (.; Attn: REED WEILY Attn: KURSTEN CANADA Phone: 970-479-7566 Phone: 970-949-1566 Fax: 970-479-7511 Fax: 970-949-1810 EMail:reed@solarisvail.com EMail: kcanada@garfieldhecht.com Linked Commitment Delivery Linked Commitment Delivery H � � �> � � �; � r � � �? . � . , �; � � Land Title Guarantee Company -� �M�T�'^ Date: O1-12-2007 � ��V ��C Our Order Number: VB50017470-2 �, GIIARANTEE CUMYANT � Prnperty Address: UNTT C-4, THE RESIDENCES AT SOLARIS-VAIL VAIL, CO 81657 Buyer/Borrower: �` SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY �. � Seller/Owner: SOLARIS PROPERTY OWIVER, LLC A COLORADO LIMITED LIABILITY COMPANY Wire Information: � Bank:FIRSTBANK OF COLORADO `' � 10403 W COLFAX AVENUE g. LAKEWOOD, CO 80215 � Phone:303-237-5000 � Credit:LAND TITLE GUARANTEE COMPANY �" ABA No.:107005047 Account:2160521825 � Attention: Vail C/osing Group � � Need a map or directions for your upcoming closing?Check out Land Tide's web site at www.itgc.com � for direcdons to an of our 54 office locations. �, �!. ESTIMATE OF TITLE FEES � �'. ALTA Owners Policy 10-17-92 $1,970.00 � � �' � �:. � � � � � r': �'; � �' �' �' If Land Title Guazantee Company will be cloaing this transaction, above fees will be collected at that time. ��' � TOTAL $1,970.00 � r /oa CCMTMR'06/0� THANK YOU FOR YOUR ORDER! ° � � «- k ty t %- � . . . , � �; � �, �: Chicago Tide Insurance Company �, ALTA COMMITMENT � � Our Order No. VB50017470-2 �'; �; Schedule A Cust. Ref.: � Property Address: UNIT C-4, THE RESIDENCES AT SOLARIS-VAIL VAIL, CO 81657 � � 1. Effective Date: December 14, 2006 at 5:00 P.M. 2. Poliry to be Issued, and Proposed Insured: � � �. "ALTA" Owner's Policy 10-17-92 $2,750,000.00 �' Proposed Insured: �: SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY � �i � � $ � $ � �` � �` � � € 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: � FEE SIMPLE � � 4. Title to the estate or interest covered herein is at the effective date hereof vested in: �; SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY COMPANY � � �, 5. The land referred to in this Commitment is described as follows: � UNTT C-4, ACCORDING TO THE CONDOMINIUM MAP FOR THE RESIDENCES AT SOLARIS-VAIL �`' RECORDED ON AT RECEPTION N0. , IN THE OFFICE OF THE � CLERK AND RECORDER OF EAGLE COUNTY, COLORADO, AND THE CONDOMINIUM DECLARATION � FOR THE RESIDENCES AT SOLARIS-VAIL RECORDED ON AT RECEPTION NO. � IN THE OFFICE OF THE CLERK AND RECORDER OF EAGLE COUNTY, �; COLORADO. �' � � � � � � � ; � t: k �: � . a , �'; � � ALTA COMMITME T � N � � Schedule B-Section 1 � (Requirements) Our Order No. VB50017470-2 The following are the requirements to be complied with: � Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or � interestto be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: �;, � Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due �' and payable. �'' � Item (d) Additional requiremenis, if any disclosed below: � � 1. ARTICLES OF ORGANIZATION FOR SOLARIS PARTNERS LLC, A FLORIDA LIMITED �: LIABILITY COMPANY MUST BE FILED WITH THE SECRETARY OF STATE. A COPY STAMPED BY THE SECRETARY OF STATE MUST BE FURNISHED TO LAND TITLE GUARANTEE COMPANY. THE MANAGER OF AS DISCLOSED IN SAID ARTICLES MUST EXECUTE APPROPRIATE DOCUMENTS. 2. FURNISH TO LAND TITLE GUARANTEE COMPANY THOSE SECTIONS OF THE OPERATING �` AGREEMENT FOR SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY �' THAT DISCLOSE WHO MAY CONVEY, ACQUIRE, ENCUMBER, LEASE OR OTHERWISE DEAL � WITH INTERESTS IN REAL PROPERTY FOR SAID ENTITY. � � NOTE:ADDITIONAL REQUIREMENTS MAY BE NECESSARY UPON REVIEW OF THIS �' DOCUMENTATION. � � � 3. CONDOMINIUM MAP AND CONDOMINIUM DECLARATION ACCEPTABLE TO THE COMPANY TO BE � RECORDED IN COUNTY OF EAGLE, STATE OF COLORADO. 4. RELEASES OF ANY AND ALL DEEDS OF TRUST CURRENTLY EXISTING ON SUBJECT � PROPERTY. �, �` 5. CONVEYANCES TO SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY � COMPAIVY FROM A1VY AND ALL PARTIES WHICH CURRENTLY HOLD AN IIVTEREST TO SUBJECT PROPERTY. � � 6. PROPER DOCUMENTATION CONDEMNING THE COVENANTS RECORDED AUGUST 10, 1962 IN BOOK 174 AT PAGE 179 TO BE RECORDED IN EAGLE COUNTY. � � � � ; a `',t � �: € � � . �, . . � ; �; � � � ALTA COMMITMENT '� � o- Schedule B -Section 1 �, �' (Requirements) Our Order No. VB50017470-2 � � � Continued: �` �` � 7. EVIDENCE SATISFACTORY TO THE COMPANY THAT THE TERMS, CONDITIONS AND � � PROVISIONS OF THE TOWN OF VAIL TRANSFER TAX HAVE BEEN SATISFIED. � �'` 8. WARRANTY DEED FROM SOLARIS PROPERTY OWNER, LLC A COLORADO LIMITED LIABILITY � �` COMPANY TO SOLARIS PARTNERS LLC, A FLORIDA LIMITED LIABILITY COMPANY � CONVEYING SUBJECT PROPERTY. �' � �` NOTE: SAID DOCUMENT MUST BE EXECUTED BY THE MANAGERS/MEMBERS AS DISCLOSED �' IN THE OPERATING AGREEMENT FOR SOLARIS PROPERTY OWNER, LLC A COLORADO � LIMTTED LIABILITY COMPANY. � g � ********** NOTICE OF FEE CHANGE, EFFECTIVE SEPTEMBER 1, 2002 ********** � Pursuant to Colorado Revised Statute 30-10-421, "The county clerk and recorder shall collect a surcharge of$1.00 for � each document received for recording or filing in his or her office. The surcharge shall be in addition to any other fees permitted by statute." �: �> �! � �' � r � � � �?i �: �; � E;; � �; �`` z F' €. �` � t' � � � � � � �. �` � �. � . . . ' � �. �:. � r ALTA COMMITMENT �'� � Schedule B -Section 2 � x � (Exceptions) Our Order No. VB50017470-2 �; �` The policy or policies to be issued will contain exceptions to the following unless the same are disposed �.. of to the saGsfaction of the Company: �. 1. Rights or claims of parties in possession not shown by the public records. � 4 2. Easements, or claims of easements, not shown by the public records. � 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and �" €' inspection of the premises would disclose and which are not shown by the public records. � � 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter fumished, imposed by law and � not shown by the public records. �' s � 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for � value the estate or interest or mortgage thereon covered by this Commitment. � g:: 6. Taxes or special assessments which are not shown as existing liens by the public records. � � � � 7. Liens for unpaid water and sewer charges, if any. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. � 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE � THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES � AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, IN BOOK 48 AT � PAGE 475. � �j €: � 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE � UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED JULY 12, 1899, � IN BOOK 48 AT PAGE 475. � � 11. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON �` THE RECORDED PLAT OF SUBDIVISION PLAT FOR SOLARIS-VAIL. 12. THOSE PROVISIONS, COVENANTS AND CONDITIONS, EASEMENTS, AND RESTRICTIONS, BUT 0�!ITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, � COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, �' DISABILITY, HANDICAP, 1VATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FO}'.TH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID CUVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW WHICH ARE A BURDEN TO THE CONDOMINIUM UNIT DESCRIBED IN SCHEDULE A, AS CONTAINED IN INSTRUMENT RECORDED UNDER RECEPTION NO. � � � �: fi � � � � � � � � � � . �'' �: , , �' , , . ,, �' � �' z � ALTA COMMITMENT � Schedule B - Section 2 �' (Exceptions) Our Order No. VB50017470-2 � ptg Y The policy or policies to be issued will contain exceptions to the following unless the same are disposed x' of to the satisl'action of the Company: �; � 13. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON � THE PLAT OF CONDOMINIUM MAP FOR THE RESIDENCES AT SOLARIS-VAIL RECORDED � RECEPTION NO. �' a �' � 14. TERMS. CONDITIONS AND PROVISIONS OF SHARED FACILITES AGREEMENT RECORDED �. AT RECEPTION NO. � � NOTE: TIIE POLICY OF TITLE INSURANCE WILL INCLUDE AN ARBITRATION PROVISION. � THE COfVIPANY OR THE INSURED MAY DEMAND ARBITRATION. ARBITRABLE MATTERS MAY � INCLUDE, BUT ARE NOT LIMITED TO, ANY CONTROVERSY OR CLAIM BETWEEN THE � COMPANY AND THE INSURED ARISING OUT OF OR RELATING TO THIS POLICY, ANY �I SERVI''! OF THE COMPANY IN CONNECTION WITH ITS ISSUANCE OR THE BREACH OF A � POLICY PROVISION OR OTHER OBLIGATION. PLEASE ASK YOUR ESCROW OR TITLE � OFFICER FOR A SAMPLE COPY OF THE POLICY TO BE ISSUED IF YOU WISH TO REVIE�1�THE ARBITRATION PROVISIONS AND ANY OTHER PROVISIONS PERTAINING TO � YOUR T'''.'LE INSURANCE COVERAGE. � a; �: � £:: � £: � �, � � � � � �' �. � � � � $' �rg.. 4 d � §g; & � � � % �$: E' Y' � Tk {' � � �. � �: � �' �: �' , , , . �' £ � � �'' LAND TITLE GUARANTEE COMPANY and MERIDIAN LAND TITLE, LLC � � DISCLOSURE STATEMENTS � ! Note: Pursuant to CRS 10-11-122, notice is hereby given that: ; A) The subject real property may be located in a special taxing district. �, B) A Ccrti�cate of Taxes Due listing each taxing jurisdiction may be obtained from the County � Trcasurer's authorized agent. � C) The information regarding special districts and the boundaries of such districts may be obtained from � the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. � �:, ,, � Note: Effective September l, 1997, CRS 30-10-406 requires that all documents received for recording or filing �'` in the cl�rk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom � margi,� cf'at least one half of an inch. The clerk and recorder may refuse to record or file any document that � does n�;; conform, except that, the requirement for the top margin shall not apply to documents using forms � on wL�c : space is provided for recording or filing information at the top margin of the document. � t; Note: Cnlorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every �; flde entity shall be responsible for all matters which appear of record prior to the time of recording �: whene��r the title entity conducts the closing and is responsible for recording or filing of legal �; documc�•,is resulting from the transaction which was closed". Provided that Land Title Guarantee �' Com�,��: ronducts the closing of the insured transaction and is responsible for recording the � legal �i. :��nents from the transaction, exception number 5 will not appear on the Owner's Tide � Polic�. .! the Lenders Policy when issued. � a i Note: :^.'':'irmative mechanic's lien protection for the Owner may be available (typically by deletion � of Exc�� iial no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be �;, issued) ?nn compliance with the following conditions: A)Th� ' ,nd described in Schedule A of this commitment must be a single family residence which � in - :�s a condominium or townhouse unit. � B) N� :��or materials have been furnished by mechanics or material-men for purposes of � cc: �ction on the land described in Schedule A of this Commitment within the past 6 months. �'; C) Thc .;ompany must receive an appropriate affidavit indemnifying the Company against un-filed s mec' .nic's and material-men's liens. � D) Th�� 'ompany must receive payment of the appropriate premium. � E) If t' �� has been construction, improvements or major repairs undertaken on the property to be purchased �` ��i;l,: six months prior to the Date of the Commitment, the requirements to obtain coverage � for ,�:��rded liens will include: disclosure of certain construction information; fmancial information � as . :. seller, the builder and or the contractor; payment of the appropriate premium fully =` � e� 1 ►ndemnity Agreements satisfactory to the company, and, any additional requirements � as . . , be necessary after an examination of the aforesaid information by the Company. � No c� � ,=�e will be given under any circumstances for labor or material for which the insured has c� +��d for or agreed to pay. � Not:� �nmt to CRS 10-11-123, notice is hereby given: � This ; ;��plies to owner's policy commitments containing a mineral severance instrument �i; exa� �exceptions, in Schedule B, Section 2. ` A) '].. ,.�re is recorded evidence that a mineral estate has been severed, leased, or otherwise �' con ��-ed from the surface estate and that there is a substantial likelihood that a third party � 1, ' ,ne or all interest in oil, gas, other minerals, or geothermal energy in the property; and }` B) Ti `� mineral estate may include the right to enter and use the property without the �' su; �: owner's permission. No�!�. � �in contained will be deemed to obligate the company to provide any of the coverages ref�� rcin unless the above conditions are fully satisfied. Fonn DISCI�.. ,y/O1/02 � i i � a , � � �j: JOINT NOTICE OF PRIVACY POLICY � 1�::lelity National Financial Group of Companies/Chicago Title Insurance Company � � Security Union Title Insurance Company and Land Title Guarantee Company � and Land Title Guarantee Company- Grand Junction �` � JWy 1, zool � }: � � We reco; ;�i�c and respect the privacy expectations of today's consumers and the requirements of applicable federal and � state p�:�; cp laws. We believe that making you aware of how we use your non-pubTic personal information ("Personal � Infor,��ai;.;�i'), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public � that�ce �, ��. "t'his Privacy Statement provides that explanation. We reserve the right to change this Privacy Stateinc,„ 1ro„� time to time consistent with applicable privacy laws. � � In thc cour�c of our business, we may collect Personal Information about you from the following sources: �" * From applications or other forms we receive from you or your authorized representative; � * Fru�n �uur transactions with, or from the services being performed by, us, our affiliates, or others; � * I�r�;; � ��ru,� internet web sites; * 1 . :ublic records main[ained by governmental entities that we either obtain directly from those �` c, . : from our affiliates or others; and = * i . � ��:umer or other reporting agencies. � Our: .. , , :.:barding the Protection of the Confidentiality and Security of Your Personal Information �; We u�::::;� .::: �;!;ysical, electronic and procedural safeguards to protect your Personal Information from unauthorized �' access ur intrus�on. We limit access to the Personal Information only to those employees who need such access in �. conn��:� : , .. _; providing products or services to you or for other legitimate business purposes. � � Our: . . :il Practices Regarding the Sharing of Your Personal Information F f We n: our Personal Information with our affiliates, such as insurance companies, agents, and other real � estatc : service providers. We also may disclose your Personal Information: ; * t. ;�:, .;okers or representatives to provide you with services you have requested; � * to i�urcl-par�y contractors or service providers who provide services or perform marketing or other � ; ,i our behalf; and � * i.� .� . . , ;th whom we enter into joint marketing agreements for products or services that we believe you �' � ;'iuterest. ;' In ad .. �ti ill disclose your Personal Information when you direct or�ive us permission, when we are required � by la� . : , or when we suspect fraudulent or criminal activities. We al"so may disclose your Personal Infon . ...�u otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed � to e�.� �;lits arising out of any agreement, transaction or relationship with you. � One c : �. ��:�rtant responsibilities of some of our affiliated companies is to record documents in the public €' doma: .:. ;.ocuments may contain your Personal Information. � Rigl�: : � ; Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion � � Certa' ..,.:�:, ,.iCord you the right ro access your Personal Information and, under certain circumstances, to find out � to�. : ,.� :'ersonal Information has been disclosed. Also, certain states affordyou the right to request � corr�. ;�,;,,�ent or deletion of your Personal Information. We reserve the right, where permitted by law, to � char,, , :i;le 1'ee to cover the costs incurred in responding to such requests. � � � � All r�• . �,; �.;,mitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company � shall . : , .i„ng, and delivered to the following address: � Privacy Compliance Officer �; Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 � Santa Barbara, CA 93110 g � � Mu: ' . .. .:;.j or Services g If we ;;r,;,:,�c �ou with more than one financial product or service, you may receive more than one privacy notice � fron� „ olo�ize for any inconvenience this may cause you. � � ;' Fonn PRT'..--_•CHI � € vp t- f f: 3' S k } {' �; �'- . . � � � � a �-� '..t� �x 'sx r sis �.�'-�� °i��,Y� k. t a"y .� �e' 4�� f • �h� � � � ,�;a�y� .? �+i�,;• f �} `j � �� , � ;�x. i �� 'ea^�',,��z��d+,�+#� :� t. i. �� il� �,: �`�* � '��r"��,'e �S � •• .'�,}'t �.ry�, j�� /�d �'�� . :�, .�3, b3t.?e�� :� +iw..� � `�sr r�y.�t ��` y1"'�?;.;,r �t ��. �� * '� ��P �� +uix�nl�*.i '„�? 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