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Home My WebLink AboutPEC090003 Planning and Environmer�tai Carnrr�isson � A�TION FORM � � Department of Community Derr�lopment ��j��' ' 7,� 5outh Fronta4e Road, Vail, Ca[orado 81657 t!F te1: 97`�.�T9.213+� fax: 970.479.2452 c��rc�+,��ner�T web: www.vailgov.com Project Name: Solaris Major Amendment PEC Number: PEC090003 Project Description: MAJOR AMENDMENT TO SDD N0. 39, SOLARIS,TO INCREASE THE NUMBER OF DWELLING UNITS FROM 77 TO 78 Participants: OWNER CROSSROADS EAST ONE LLC 02/02/2009 329 MILL CREEK CIR Vail CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL 02/02/2009 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 143 E MEADOW DR VAIL Location: SOLARIS � 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: Pierce Vote: 6-1-0 (Pierce opposed0 Date of Approval: 03/09/2009 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: CON0010768 The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required ofFsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for � pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. Cond: CON0010769 The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and � approval of the Design Review Board, prior to submittal of an application for a building permit. Cond: CON0010770 The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. Cond: CON0010771 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: CON0010772 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: CON0010773 The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. Cond: CON0010774 � 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: CON0010775 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: CON0010776 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 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 shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Cond: CON0010777 The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements.The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy.This includes but is not limited to the proposed streetscape improvements. � Cond: CON0010778 The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently � work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon � submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. Cond: CON0010779 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 sha�l contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two-bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. Cond: CON0010780 The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development � Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Planner: Warren Campbell PEC Fee Paid: $1,250.00 � � ' � � r� � � � C Special Develo ment District SDD F�B 0 2 2009 �,,, _ p ( ) Application for Review by the �pWN OF VAIL - .` Planning and Environmental Commission ��'��'' � De�artment of Community Development 75 South Frontage Road,Vail,Co�orado 81657 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 O Floodplain Modification $400 � Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 � Major Amendment to an SDD $1250 ❑ Variance $500 (no exteriormodifications) ❑ Sign Variance $200 Description of the Request' Major amendment to allow for an additional dwelling unit. � Location of the Proposal: Lot: P Block: SD Subdivision: va�i Village Filing 1 Physical Address: 143 E. Meadow Drive Parcel No.: 21oioazoioo� (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) 2oning: �Pecial Development District #39 (underlying zoning of CSC) Name(s)of Owner(s): Solaris Property Owner, LLC Mailing Address: zzll North Frontage xoaa � Vail, CO 81657 phone' 970-479-7566 Owner(s)Signature(s): Mauriello Planning Group Name of Applicant: Mailing Address: Po sox iia� Avon, CO 81620 Phone: 970-748-0920 E-mailAddress: dominic@mpgvail.com FdX 970-748-0377 for Offic' Only: Fee Paid: heck No.:1�� By: r� LG�� Meefing Date: Q PEC No.: .. � Planner: Project No.: — F:\cdev�FORMS\Pertnits\Planning\PEC\SDD10-18-2006.doc Page 1 of 7 1/4/06 � ****************************�****************r*************************************�+******* TOWN OF VAIL, COLORADO Statement �: � *�*****�*+****�******�***+*+�***********r**************************************�***�+*�**�** Statement Number: R090000101 Amount: $1,250. 00 02/02/200902:56 PM Payment Method: Check Init: JLE Notation: 1506 MAURIELLO PLANNING GROUP Permit No: PEC090003 Type: PEC -Maj SDD No Ext Chg � Parcel No: 2101-082-0100-1 Site Address: 143 E MEADOW DR VAIL � Location: SOLARIS Total Fees: $1,250.00 � This Payment: $1,250.00 Total ALL Pmts: $1,250.00 Balance: $0.00 **********************��*****ss************************s*******��************************�** � ACCOUNT ITEM LIST: � Account-Code-_-----_ Description ------------------ Current-Pmts � PV 00100003112500 PEC APPLICATION FEES 1,250.00 � � ----------------------------------------------------------------------------- , � �, � � � � � � � =��„�;rL•' _ ._ .-L . . y r."_ `�...... �,� P M n �---.-��- �.'� 0 �f Vail Community Development ;,; o � V "—° rontage Road ;� � '"`e ti� ` ^ ; :O 81657 .- Z��9 �u�'"` w 0 � a + � � VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION 143 E. MEADOW DRIVE NO. 360 � C/O SLIFER MANAGEMENT CO � VAIL, CQ 81657 � � � Ia2xxE ss�2 DE°. ,i va o2l2�JO9 R�TURIV TO SETtDER AdOT ��I,.IV�RpBImE A� RCDRE.SE� f; 11Ni�BL� `f� F`��Wf��'D � Bt;: d3 iSB75�Q9ur99 ''�i 479-1 dt'!8�-.'2D-�6 �d�� :'.°i.•�.~.��i �..iivl? 816S7CAS09S il��l,��li�il��l�l�)��1�1�)�11��1�1��)1��1�1��1�1��1�1,1 �. ��5 PpsT� \ i a �' � ' � • ��""�.�� Z ,. e �� 7 �� nnNrv sowEs �F ' � 02 1Ni � Q�•�2� � OOu4259575 FE617 2uu9 �nt of Community Development MAILED FROM ZIPCODE 81 657 Frontage Road � �rado 81657 t SCHNELL, PAUL & MADELEINE D. 225 CENTRAL PARK NEW YORK, NY 10024 )+i;L_�S_t� �C?{_'+ L�� +�'+ {?=�3�:�.!'Q'� �'�tU�T� 'P6 ��Td�a��t NC7T I:��L.Z'V�Ftf��+l,.� �aS t-�LjLa��:a�� L)N�BLE 'T'C) �CaF��1ilf��i7 :ZEDPAPER : J-• �- - - : gC'. ��:1 E-�� :1$''i�—Gi��i—1 i�—�'7v i�.i��.~.'�.^=.�'..�_.�.�... �_ o.. � �i�.��-�o�s l)��1�,�,ll,ll�,�1,1�1�„l�)�i�ill��i,l�„il>>i�l>>lzi�,�i��,1 � �, � . . �"'�� ,..� _�.,.� c ��y ..--�.. n of Vail Community Development ��'� Ph1 J�� '°�'---_.�_...... � � . Frontage Road � �: .---�—�...,�,�� CO 81657 `� � �£R o �"_"°"`y-R-� ,� ,� 9 ti �.��_ � ... `� 0--0-� �"-°""--�� - � � �: VILLAGE CENTER ASSOCIATION � PO BOX 5968 �, VAIL, CO 81658 k Mxxi� en� �E i �a oa,�2�,�09 RE'fUFt)*1 7C7 SEN�EF7 � l��'f D�lsI�IERAF36.� A� A[7DRE aSED iJ�NA�L� T{? �6F3�JARD � �: F C: t31 8879t79�599 �3 479-i 003 D-.2A-3u :+d W'^.C�.si.�:^..�"g C.�"'S '�'�;.�:;%? � a��s�r�s�o�� 11��1„��11�)l��l�l�l��)�l�l�li��l�l��ll��l�l��l�i��l�l�l '�'TC. � �; VILLAGE INN PLAZA-PHASE V CONDOMINII;M ASSOCIATION CULORADO REGISTRATION, INC �i✓ 880 HOMESTEAD DRIVE NO. 25 EDWARDS, CO 81632 tJIX�E �02 5� 1 7�L 6�1��/�!�3 RETURN ?G SETIDEfi2 hl9 MAII. F.�C�P7A�6zE UH�,BLE TC� ��ttJ�93#L'� B�C: di�87r�-09699 ��4�9-D5�995-20-36 -.;�y� ^;:: . ._ '..=!�S.^..."!.:�' • .i. _ _ ?^E:M9:_::, ases7�sc�� 11��1��liJi��ri�l�l��l�{�l�il��l�l��)),J,l,�i�l��l�l�l . � _ �`,��Y;� �p�`�:-�: - `�.�. ,,� co �� ? -==-•�--�"'"' v i�af Vaii`Community Development � °M g, � _�m____, Frontage Road = `" T �� ,� ,:�a �" , N CO 81657 � �t' ` - � - ?r q'3 �..,,,1=----=, � VIL!AGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. � 880 HOMESTEAD DRIVE, NO. 25 �, EDWARDS, CO 81632 1N:LX�� E3t72 C3� i nq p2/2�JfJ� F2�TURl�J l'Ct aEM[��i.Z NA MA�� R��PTfii�L.� Uldfil�� 9'�t ��R1,,tAFtC3 k]�: Fa36-57SL5�6ti9 �'i�479-C7s400-2D-36 � �' � � � �° iy � �' �owNaFYpr� �' �' � THIS ITEM MAY AFFECT YOUR PROPERTY � � PUBLIC NOTICE NOT�CE 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 March 9, 2009, 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- � 9A, Special Development District, Vail Town Code, to allow for an increase in the � number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow . Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090003) � a�,�►� Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell �, A request for a final review of an amendment to an existing conditional use permit, � pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the � extension of an existing temporary business office conditional use permit, located at 450 �' East Lionshead Circle (Treetops Building)/Lot 6, Vail Lionshead Filing 1, and setting �' forth details in regard thereto. (PEC090004) { � � Applicant: 450 Buffalo Properties, represented by Michael Hecht � 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. �' F Published February 20, 2009, in the Vail Daily. �' �` � � �. � � � � 4 e € e � € � t: � "C' t � � � � r f : MEMORANDUM i� � � TO: Town Council ' �` FROM: Community Development Department � � �-�j - v DATE: June 2, 2009 � SUBJECT: Second reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re- U enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. �' Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell � 1. DESCRIPTION OF THE REQUEST The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a second reading of Ordinance No. 7, Series of 2009, an ordinance ° repealing and re-enacting Ordinance No. 5, Series of 2006, amending Special � Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units. Staff has attached a copy of the draft Ordinance No. 7, Series of 2009, which contains �; � no changes since first reading on May 19, 2009, (Attachment A). �` II. BACKGROUND On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval on the adoption of Ordinance No. 7, Series of 2009, by a vote of 6-1-0 (Pierce opposed). On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. On April 21, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicanYs request to the May 19, 2009, public hearing. � On May 19, 2009, The Town Council approved Ordinance No. 7, Series of 2009, on first reading by a vote of 4-3-0 (Cleveland, Foley, Daly opposed) II1. ACTION REQUESTED OF COUNCIL � The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 7, Series of 2009. �� 1 � �` � t ti IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council � approves, on second reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 �• to 78 units, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 7, Series of 2009, on second reading, the Community Development Department recommends the Town Council makes the following findings: "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the � development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. That the proposed gross residential floor area of 174.4% of lot area, additional thirty-one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vai! Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan.° V. ATTACHMENTS A. Ordinance No. 7, Series of 2009 < � 2 :.. �' ! ; � �' ORDINANCE NO. 7 � � Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO.39,CROSSROADS,PURSUANTTO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS,Title 12,Zoning Title, Chapter 9,Article A, Special Development(SDD)District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public � hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and �'' �'; WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations,Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS,the Planning and Environmental Commission of the Town of Vail has forwarded � a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12,Zoning Title, Town Code of Vail; and provides a harmonious, convenient,workable relationship among land uses consistent with municipal development objectives; and WHEREAS,the Vail Town Council considers it in the interest of the public health,safety,and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006,which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D,Vail Village Filing 1,which comprise a total of 115,129 square feet(2.643 acres)in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No.7,Series 2009 � � � � � � � � � � District No. 39 shall be refiected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads,shall be Commercial Service Center (CSC) District. � Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds th�at the Approved Development Plan for Special Development District No. 39, Crossroads,complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis � Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3,2007 and amended pages dated February 27, 2009, and stamped approved June 2, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be � amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to"retail/restauranY'uses solely and shall not be utilized for "professional o�ces, business offices, and studios" : uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet(99.9'), and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. Ordinance No.7,Series 2009 2 � ,, � � . I E. Density Control: The maximum allowable Gross Residential Floor Area �. (GRFA) for Special Development District No. 39, Crossroads, shall be + 200,858 square feet and the maximum allowable density shall be seventy- � eight (78) dwelling units, and five (5) attached accommodation units, as � indicated on the Crossroads Approved Development Plan, described in � Section 2 herein. � � F. Site Coverage: The maximum allowable site coverage shall be ninety-three � and six tenths percent (93.6%) or 107,772 square feet of the total lot area, � and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. ` � G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area � qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site � development shall be as indicated on the Crossroads Approved �: Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in �' accordance with title 12-10 of the Vail Town Code. At least one-half(1/2)of �, the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as � indicated on the Crossroads Approved Development Plan, described in Section 2 herein. � �; Section 4. Conditions of Approval �; The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: � The Developer shall address the following conditions of approval prior to appearing before � the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events,which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment � of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); Ordinance No.7,Series 2009 � 3 � � �' � � � € 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 return 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 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 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 shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary Ordinance No.7,Series 2009 4 � ..s � � � i ��" 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 �` 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 ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently � work toward the completion of the special development district or any stage of the � special development district within the time limits imposed, the approval of said � special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. � 5. Employee Housing: Crossroads shall fumish 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 finro- �! bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no � more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of � floor area and accommodate no more than 4 occupants; and a four-bedroom unit �; shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 � occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for �' property located within the Town. Such deed restriction(s) shall be executed and �` provided to the Town for recording and restricted unit(s) shall be available for � occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing � unit shall comply with the standards and procedures established by the Town Zoning �, Regulations. 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 two years following the issuance of �' a certificate of occupancy in order to allow effective sales of dwelling units on-site. � � Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, �; regardless of the fact that any one or more parts, sections, subsections, sentences,clauses � �� Ordinance No.7,Series 2009 cJ � � � � € t S �! �.' F �- t d or phrases be declared invalid. , Section 6. The Vail Town Council hereby finds, determines and declares that this � ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence anci testimony presented in conside�ation of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. . Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May, 2009, and a public hearing for second reading of this Ordinance set for the 2"d day of June 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor � ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2nd day of June, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No.7,Series 2009 6 � i MEMORANDUM � � � TO: Town Council � FROM: Communit Develo ment De artment �`` Y p p � DATE: May 19, 2009 � SUBJECT: First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re- �` enacting Ordinance No. 5, Series of 2006, establishing Special Development District �'. No. 39, Crossroads, and setting forth details in regard thereto. � � Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning �,; Group, LLC Planner: Warren Campbell € �! � I. DESCRIPTION OF THE REQUEST � The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, � LLC, is requesting a first reading of Ordinance No. 7, Series of 2009, an ordinance � repealing and re-enacting Ordinance No. 5, Series of 2006, amending Special � Development District No. 39, Crossroads, to increase the permitted number of dwelling �, units from 77 to 78 units. s � � Staff has attached a copy of the draft Ordinance No. 7, Series of 2009, (Attachment A) � and the staff memorandum to the Planning and Environmental Commission dated March 9, 2009 (Attachment B). � �, 11. BACKGROUND � On March 9, 2009, the Planning and Environmental Commission forwarded a � recommendation of approval on the adoption of Ordinance No. 7, Series of 2009, by a vote of 6-1-0 (Pierce opposed). � � On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, � Series of 2009, at the applicant's request to the April 21, 2009, public hearing. � On April 21, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, � Series of 2009, at the applicant's request to the May 19, 2009, public hearmg. �: � III. ACTION REQUESTED OF COUNCIL � The Vail Town Council shall approve, approve with modifications, or deny the first reading of Ordinance No. 7, Series of 2009. � IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION � � � � Tf�e Planning and Environmental Commission recommends the Town Council � � approves, on first reading, Ordinance No. 7, Series of 2009, an ordinance repealing and � re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District � �` � � 1 � � � r � No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto. � Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 7, Series of 2009, on first reading, the Community Development Department recommends the Town Council makes the following findings: "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with fhe development goa/s and objectives of the Town. That the proposed gross residential floor area of 174.4% of lot area, additional thirty-one dwelling units over allowable (at 29.5 units per acre total) in the � Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." V. ATTACHMENTS A. Ordinance No. 7, Series of 2009 B. Memorandum to the Planning and Environmental Commission dated March 9, 2009 � 2 ORDINANCE NO. 7 � Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO.39,CROSSROADS,PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS,Title 12,Zoning Title, Chapter 9,Article A, Special Development(SDD)Distnct, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission ofthe Town ofVail held a public hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations,Vail Town Code, and furthers the development objectives of the Town of Vail; and � WHEREAS,the Planning and Environmental Commission ofthe Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12,Zoning Title, Town Code of Vail; and provides a harmonious, convenient,workable relationship among land uses consistent with municipal development objectives; and WHEREAS,the Vail Town Council considers it in the interest of the public health,safety,and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006,which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, C�ossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D,Vail Village Filing 1,which comprise a total of 115,129 square feet(2.643 acres)in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No.7,Series 2009 � � � � � � �' � District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No.39, Crossroads,shall be Commercial Service Center (CSC) District. � Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39,Crossroads,complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated February 27,2009, and stamped approved Apnl 21, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be �j amended from time to time. The approval of SDD No. 39 shall restrict the '�� uses upon the plaza level tenant spaces to"retail/restaurant"uses solely and shall not be utilized for "professional o�ces, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet(99.9'), and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. Ordinance No.7,Series 2009 2 � E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be � 200,858 square feet and the maximum allowable density shall be seventy- eight (78) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shalt be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in �; accordance with title 12-10 of the Vail Town Code. At least one-half(1/2)of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. ` � Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events,which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permiUexcavation permit shall constitute a building permit); �` Ordinance No.7,Series 2009 3 � � � � � � 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 return 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 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 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 appticant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary Ordinance No.7,Series 2009 4 � 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 re uired off-site ublic im rovements. The bond shall be in place with the � � q p P 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 ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following ` the procedures outlined in Section 12-9A-4, Vail Town Code. �; � 5. Employee Housing: Crossroads shall furnish deed restricted employee housing �' sufficient to accommodate 22 occupants by executing appropriate restnctive 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 finro- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall � intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 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. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed � this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,clauses � � Ordinance No.7,Series 2009 rJ � � � � � � � or phrases be declared invalid. Section 6. The Vail Town Council hereby finds, determines and declares that this � ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of May,2009, and a public hearing for second reading of this Ordinance set for the 2"d day of June 2009,at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor � ATTEST: Lorelei Donaldson, Town Clerk Ordinance No.7,Series 2009 6 � � MEMORANDUM � � TO: Planning and Environmental Commission � FROM: Community Development Department DATE: March 9, 2009 � � SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major �3'` 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 77 units to 78 units; located at 141 and 143 Meadow �: Dnve/Lot P, Block 5D,Vail Village Filing 1, and setting forth details in regard thereto. �; (PEC090003) � Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning �: Group, LLC � Planner: Warren Campbell � s: I. SUMMARY �: The applicants, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC are re uestin a re�vmmendation to the Vail Town Council on a ro osed ma�or � � q 9 P P 1 � amendment to Special Development District No. 39,Crossroads, pursuant to Article 12-9(A), Special Devetopment District, Vail Town Code, to allow for an increase in the number of � dwelling units from 77 units to 78 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 applicant is 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 77 units to 78 units. �' The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: �: • An increase in the number of dwelling units from 77 to 78. A proposed deviation from the allowable number of dwelling units (47)which is 31 dwelling units greater; �: • An increase in the proposed Gross Residential Floor Area (GRFA) from 198,859 �; square feet to 200,858 square feet. A proposed deviation from the allowable amount � of GRFA (45,080 sq. ft.)which is 155,778 sq. ft. greater; and � • A decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. � � �` �", 1 � � � �. r � k' �! A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No, 39, Crossroads, to allow for an increase � from 77 to 78 dwellinq units dated revised March 2, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated February 27, 2009, (Attachment B) have been attached for reference. A draft of Ordinance No. 7, Series of 2009, containing the changes associated with the proposed major amendment proposal is attached for reference (Attachment C) Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units) and Gross Residential Ffoor Area (GRFA). II1. BACKGROUND • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed)to forward a recommendation of approval of SDD No.39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade;a theater; meeting rooms, and convention facilities; multiple-family dwellings;a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006,the Town Council on second�reading of Ordinance No. 5, Senes of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed)to approve the adoption of SDD No. 39, Crossroads. • On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007, � increasing the permitted number of dwelling units from 69 to 75 dwelling units. This ordinance also increased the number of employee beds to be provided from 12 to 22 beds. • On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007, increasing the number of permitted dwelling units from 75 to 77 dwelling units. • On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007, which established the managed parking plan for Solaris. • On November 24, 2008, and January 12, 2009, the Planning and Environmental Commission upheld separate staff approved Minor Amendments to the SDD increasing the commercial square footage of the project by approximately 700 square feet. IV. ROLES OF REVIEWING BOARDS Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. 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 2 � 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. � 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. 4 �k As noted on page 35 of the Master Plan, � � � "It is important to note that the likelihood of project approval will be greatest for those �`: proposals that can fully comply with the Vail Village Master Plan." �. Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. � �' The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub-Area Details found in the Vail Village Master Plan � Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is �' distinguished from the Village core by the larger sca/e buildings and by the limited � auto tra�c along East Meadow Drive. Comprised of �ve major development � projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. � There is a great deal of potential forimprovements to both public and private facilities �;: in the area. Among these is the opportunity to develop gateway entries to the Village � at the 4-way stop and at the intersection of Vail Road and Meadow Dnve. It is a/so a � long term goal to strengthen the connection between this area and the Village core � �, area by reinforcing the established pedestrian linkages. Pedestrianization in this area �; 3 �' � � � may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to � Gore Creek. A significant increase in the Village's ovemight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residentialAodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built ouY'. #1-6 Crossroads In�ll Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill 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 strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access a/so 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 Article E. Commercial Service Center(CSC) District(in part) 12-7E-1: Purpose: � The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of , the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 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 that are currently approved are shown in bold text in the table below. The parameters that would change in conjunction with this major amendment request are shown in bold italics. 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' 4 � �:. �' �; � t; � East Side: 20' 0' to 25' � � Front (Meadow Drive): 20' 0' to 150' S � Building Height: 38' 99.9 ft. �a �' Density: 18 units/acre 29.5 units/acre �' 47.5 D.U.s 78 D.U.s �' �' GRFA: 46,051.6 sq. ft. 200,858 sq, ft. �` (40%) (174.4%) � �: � Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. � (75%) (93.6%) � � Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. � (20% total site) (37.6% total site) �: Minimum Softscape of total permitted � 18,420.6 sq. ft. 13,433 sq. ft. � (80%) (31.0%) � Maximum Hardscape of total permitted � 4,605.1 sq. ft. 29,078 sq. ft. �` (20%) (67.1%) � � Parking: 217 spaces 304 spaces � (81 spaces approved to be in private � � parking club and 6 surplus public spcaes) � VII. SURROUNDING LAND USES AND ZONING � � Land Use Zoninq North: CDOT ROW None < South: Mixed Use Commercial Core II District/Public �:` � Accommodation � East: Public Parking General Use District West: Mixed Use SDD No. 6 � � VIII. THE SPECIAL DEVELOPMENT DISTRICT 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, g: �" "To encourage flexibility and creativity in the development of land, in order to �' promote its most appropriate use;to improve the design character and quality of the � new development within the Town; to facilitate the adequate and economical � provision of streets and utilities;to preserve the natural and scenic features of open space areas; and to further the overall goa/s of the community as stated in the Vail � Comprehensive Plan. An approved development plan for a Special Development � Distnct, in conjunction with the property's underlying zone district, shall establish the � requirements for guiding development and uses of property included in the Special � �' Development District." � � t 5 � � � d � � 4, The Town Code provides nine design criteria which shall be used 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 review 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. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character,visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and 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 77 to 78 and the GRFA by 1,999 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure. There are no changes to the approved heights and setbacks of the structure. Staff believes the proposed amendments comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable � relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed how the GRFA being proposed within the project 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. The proposal to increase the number of dwelling units by one and GRFA by 1,999 square feet modestly affects the density per acre on the site. As this proposal is to convert a single retail space to residential within the approved bulk and mass Staff does not believe there is a negative impact to the surrounding properties with regard to density on the Solaris project with this amendment. During the initial review of the Solaris project there was a great deal of discussion centered on the uses and location of those uses within the project. There was initial concern about the location of retail on the second floor of the project and its viability as many places and studies have shown that it is difficult to draw pedestrians up to a second floor retail level. Through the review process the applicant provided evidence that the second floor retail could indeed be successful. Reasons given for the success were the are shape of the retail allowing for better visibility,the ability to control tenant mix and locate"anchors or big draws" on the second floor, the provision of a walkway on the second floor containing benches for � pedestrians and areas for activity generation. The particular space proposed to be 6 � � converted was highlighted as a location where an establishment on the second floor would � have an outdoor patio which could be a food and beverage business with patrons sitting on � the deck creating excitement and vitality on the second floor. The conversion of this space � eliminates the possibility of provided for heightened activity on the second floor thus j potentially being a draw to pedestrians to explore the second floor. However,throughout the � Design Review process and the Building Permit review process changes were made and � approved which made the proposed space potentially less viable to serve in the suggested manor. Those changes were the design of the stairs to reach the second floor retail in the � south west corner of the site and its impacts to the walkway located in front of this retail � space on the second floor. In refining the stair design to make them as inviting to �' pedestrians to go up to the second floor the walkway in front of this commercial space was � cut back leaving it with eight feet of frontage on the pedestrian walkway. The proposed � design does not convert the entirety of the retail space to residential. In order to provide all b retail frontages on the second floor walkway that portion of the space which had frontage on ;` the walkway was added to the adjacent retail space. The proposed residential unit does not � d have any frontage on the second floor pedestrian walkway. Staff does have some concems � about the impact of this conversion from a retail space to a residential unit which may not generate as much"activity"on the patio which will be visible from both directions on Meadow � Drive. � � In further review of the application staff identified within the adopted SDD No. 39, �'; Crossroads, text restricting the conversion of tenant spaces as shown on the "Approved �' Development Plan" prohibiting the conversion of retail spaces to residential units. These �; portions of text have been underlined on pages 2 and 5 in the draft Ordinance No. 7, Series of 2009, attached (Attachment C) to this memorandum. Through this major amendment proposal the applicant is requesting approval of an amended"Approved Development Plan" � which would convert one of the tenant spaces from retail to residential. If the proposed �; amendments are approved the text and condition found in the Ordinance do not need to � change as the "Approved Development Plan"will no longer depict the converted space as retail. f ��' �: Emplovee Housinq Requirements �' As indicated in a number of the goals and objectives of the Town's Master Plans, providing �� affordable housing for employees is a critical issue which should be addressed through the �' planning process for SDD proposals. In reviewing the proposal presented to the Planning � and Environmental Commission on January 23, 2006, for employee housing needs, staff � relied on the Town of Vail Employee Housing Report. This report has been used by the staff � in the past to evaluate employee housing needs. That analysis showed a net new � generation of employees by the Crossroads project to be six(6)employee beds. In the most � recent approval of Ordinance No.21, Series of 2007,the Town Council required a total of 22 �' employee beds be provided off-site in conjunction with the Solaris project. The conversion � of the proposed space from retail to residential does not generate an increase in the � employee housing generation. This is due to the recent minor amendments which were approved to increase retail square footage by approximately 700 square feet and the � rounding up of the beds to be provided in conjunction with those applications. Furthermore � there is a lesser employee generation requirement for residential than retail resulting in a � decrease in the requirement. A more detailed explanation can be found on page 5 of the �' applicant's request, which staff has reviewed and concurs with the findings. � � � Staff believes that the proposal does comply with this criterion. � � �` 7 � � x �; �', C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. ,,� As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 217 spaces. The applicants are proposing to provide a total of 304 spaces, all of which are to be provided in the proposed underground parking structure. There are 87 additional parking spaces proposed to be constructed above and beyond that which is required. Of these additional parking spaces there are 81 proposed to be in a private parking club and the remaining six (6)the applicant is proposing will serve as additional public benefit. 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. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy � guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core/ Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) � s �. 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 u' 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. �` § 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 commercial facilities to better �, serve the needs of our guests. � Staff believes that the application complies with all the goals and objectives of the Vail �, Comprehensive plan. � E. Identification and mitigation of natural and/or geologic hazards that affect the �` property on which the special development district is proposed. � According to the Officiat 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. � w F 9 k k¢�- g 1 f r �. � 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. tn a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As the proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the landscaping and open spaces included in the Crossroads redevelopment. Furthermore the Design review Board provided their input on the refinement of these spaces. As this proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and e�cient 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, to allow for an increase in the number of dwelling units from 77 units to 78 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicanf has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development � goa/s and objectives of the Town. 10 � Thaf the proposed gross residential floor area of 174.4%of lot area, additional thirty- one dwelling units over allowable (at 29.5 units per acre total) in the Commercial �' Service Center zone district is in conformance with applicable elements of the Vail � Comprehensive Master Plan. � � That the development is in compliance with the purposes of the Commercial Service � Center zone district, that the proposal is consistent with applicable elements of the � Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master � Plan, and that the proposal does not otherwise have a significant negative effect on � the characterof the neighborhood, and that the proposal substantially complies with �; other applicable elements of the Vail Comprehensive Plan." �; �� Should the Planning and Environmental Commission choose to recommend approval the g; applicanYs request, staff recommends that the draft Ordinance No. 7, Series of 2009, � containing conditions, be forward to the Town Council. �' n � � X. ATTACHMENTS � � � A. Application for a Maior Amendment to Special Development District No 39 � Crossroads,to atlow for an increasefrom 77 to 78 dwellinq units Dated revised March �' 2, 2009 � B. Reduce plans of the proposal dated february 27, 2009 �� C. Draft of Ordinance No. 7, Series of 2009 � � � � � � � �, � ; � � � � � � a � � �. i: � s � � � � � w � � �, � � � ; 11 � v s- € � � � � �, �� l�� -c-� / ��ti,� ( � - � � ��r��- �' I� �� MEMORANDUM � � n�y TO: Town Council , � � �� FROM: Communit Develo ment De artmen �^ .r- Y P P t � , , �,,.._ �� l� F DATE: April 21, 2009 SUBJECT: First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re- �� enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a first reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, amending Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units. � Staff has attached a copy of the draft Ordinance No. 7, Series of 2009, (Attachment A) and the staff memorandum to the Planning and Environmental Commission dated March 9, 2009 (Attachment B). �' II. BACKGROUND On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval on the adoption of Ordinance No. 7, Series of 2009, by a vote of 6-1-0 (Pierce opposed). On March 17, 2009, the Vail Town Council tabled the first reading of Ordinance No. 7, Series of 2009, at the applicant's request to the April 21, 2009, public hearing. I11. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council approves, on first reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto. �: Should the Town Council choose to approve these amendments, the Community � Development Department recommends the Town Council pass the following motion: � � � � "The Town Council approves, on first reading, Ordinance No. 9, Series of 2009, � an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, � � 1 � # � �, � �: establishing Special Development District No. 39, Crossroads, to increase the � permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 7, Series of 2009, on first reading, the Community Development Department recommends the Town Council makes the following findings: "That the proposal to amend Specia/ Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of fhe requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. Thaf the proposed gross residential floor area of 174.4% of lot area, addifional thirty-one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with fhe purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vai! Streetscape Master Plan, and fhat fhe proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the � proposal substanfially complies with other applicable elements of the Vail Comprehensive Plan." IV. ATTACHMENTS A. Ordinance No. 7, Series of 2009 B. Memorandum to the Planning and Environmental Commission dated March 9, 2009 � 2 �:; ORDINANCE N0.7 � � Series of 2009 � AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO.39,CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL,AND SETTING FORTH DETAILS IN REC�RD THERETO. �; � WHEREAS, Title 12,Zoning Title, Chapter 9,Article A, Special Development(SDD) District, �' � Town Code of Vail establishes a procedure for amending special development districts; and �` � WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an � application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use � development; and � � WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public �' hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and � �' WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations,Vail Town Code, and furthers the development objectives of the Town of Vail; and � � WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, tothe Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development �; District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12,Zoning Title, Town Code of Vail; and provides a harmonious,convenient,workable relationship among land uses consistent with municipal development objectives; and � WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006,which established Special Development District No. 39, Crossroads, in the Town of � Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF �! VAIL, COLORADO, THAT: �: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D,Vail Village Filing 1,which comprise a total of 115,129 square feet(2.643 acres)in the Vail Village area of the � Town of Vail. Said parcels may be referred to as °SDD No. 39". Special Development � Ordinance No.7,Series 2009 � �' � , � � � Vail T w � o n Council Attachment: A � District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development Distnct No. 39,Crossroads, shall be Commercial Service Center(CSC) District. � Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated February 27, 2009, and stamped approved Apnl 21, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. �, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be � amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to"retail/restauranP'uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet(99.9'), and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. Ordinance No.7,Series 2009 2 � � E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be � 200,858 square feet and the maximum allowable density shall be seventy- eight (78) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three � and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. � G. Landscaping and Site Development: At least twenty percent (20%) of the � total site shall be landscaped. The minimum width and length of any area � qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. � H. Parking and Loading: Off street parking and loading shall be provided in � accordance with title 12-10 of the Vail Town Code. At least one-half(1/2)of � the required parking shall be located within the main building or buildings. � The minimum number of loading and delivery bays shall be five (5), as � indicated on the Crossroads Approved Development Plan, described in � Section 2 herein. Section 4. Conditions of Approval � � The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. �, Crossroads: � � The Developer shall address the following conditions of approval prior to appearing before �: the Vail Town Council for second reading of an adopting ordinance for the establishment of � Special Development District No. 39, Crossroads: � � 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required � offsite improvements, as indicated on the proposed Approved Development Plan. �' This agreement shall include, but not be limited to, all streetscape improvements � along Village Center Road and East Meadow Drive, public access to the plaza for � pedestrians and Town sponsored events,which may include the establishment of an � easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion � �` of the loading and delivery facility in the overall loading and delivery system, payment � of traffic impact fees and credits given to offset fee, and details for funding public art. �; �' The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building � permit); � Ordinance No.7,Series 2009 3 � � � � � � : � 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)priorto 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. 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, priorto 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 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 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 shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary Ordinance No.7,Series 2009 4 � � � 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 � 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 � ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer doesnot begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said � special development district shall be void. The Planning and Environmental �; Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following � the procedures outlined in Section 12-9A-4, Vail Town Code. � � 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 contain at least 1,350 sq. ft. of `' floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 �: � occupants. The Town may approve minor variations in floor area when the overall � intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the �' Crossroads Project or any phase thereof. Any deed restricted employee housing � unit shall comply with the standards and procedures established by the Town Zoning �' Regulations. � �. 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 two years following the issuance of �' a certificate of occupancy in order to allow effective sales of dwelling units on-site. � � � Section 5. If any part,section, subsection, sentence, clause or phrase of this ordinance � is for any reason held to be invalid, such decision shall not effect the validity of the remaining � portions of this ordinance; and the Vail Town Council hereby declares it would have passed � this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, � regardless of the fact that any one or more parts,sections, subsections, sentences, cfauses � � Ordinance No.7,Series 2009 cJ �' � � i: � ;,: #: l � or phrases be declared invalid. Section 6. The Vail Town Councii hereby finds, determines and declares that this � ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws,orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21S'day ofApril, 2009, and a public hearing for second reading of this Ordinance set for the 5th day of May, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. � Richard D. Cleveland, Mayor � ATTEST: Lorelei Donaldson, Town Clerk Ordinance No.7,Series 2009 6 � . �' � � . � � �; �": � a � MEMORANDUM � � TO: Planning and Environmental Commission � � �, FROM: Community Development Department � � kg k' DATE: March 9, 2009 � � €, 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 77 units to 78 units; located at 141 and 143 Meadow �; Drive/Lot P, Block 5D,Vail Village Filing 1, and setting forth details in regard thereto. � (PEC090003) � Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning � Group, LLC � Planner: Warren Campbell � � � � � � � I. SUMMARY � p �- The applicants, Solaris Property Owner, 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 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block � � 5D, Vail Village Filing 1. � !g & 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)Na � 39, Crossroads,to the Vail Town Council. A complete summary of our review is provided in � Section VIII of this memorandum. � � I1. DESCRIPTION OF THE REQUEST � The applicant is 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 77 units to 78 units. �`. f,. The key elements of the proposed major amendment to SDD No. 39, Crossroads, inclUde: � � • An increase in the number of dwelling units from 77 to 78. A proposed deviation �; from the allowable number of dwelling units (47) which is 31 dwelling units greater; � • An increase in the proposed Gross Residential Floor Area (GRFA) from 198,859 � � square feet to 200,858 square feet. A proposed deviation from the allowable amount � of GRFA (45,080 sq. ft.) which is 155,778 sq. ft. greater, and �'" • A decrease in the approved commercial,34,536 square feet, by 1,999 square feet to � � 32,537 square feet. � � 1 Vail Town Council Attachment: B , k A copy of the text detailing the application entitled Solaris: Application for a Maior � Amendment to Special Development District No 39 Crossroads to allow for an increase from 77 to 78 dwellinq units dated revised March 2, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated February 27, 2009, (Attachment B) have been attached for reference. A draft of Ordinance No. 7, Series of 2009, containing the changes associated with the proposed major amendment proposal is attached for reference (Attachment C) Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units) and Gross Residential Floor Area (GRFA). III. BACKGROUND • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed)to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006,the Town Council on second reading of Ordinance No. 5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. • On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007, � increasing the permitted number of dwelling units from 69 to 75 dwelling units. This ordinance also increased the number of employee beds to be provided from 12 to 22 beds. • On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007, increasing the number of perm�ted dwelling units from 75 to 77 dwelling units. • On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007, which established the managed parking plan for Solaris. • On November 24, 2008, and January 12, 2009, the Planning and Environmental Commission upheld separate staff approved Minor Amendments to the SDD increasing the commercial square footage of the project by approximately 700 square feet. IV. ROLES OF REVIEWING BOARDS Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. 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 2 . � # . �` � �. �' � � conditions/deny the application based upon the findings made on the criteria located in � Chapter 12-9A, Special Development District, Vail Town Code. �' � E 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. � � x 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, � � "If is important to note that the likelihood of project approval will be greatest for those � proposals that can fully comply with the Vail Village Master Plan." � � Staff believes this statement re-emphasizes that the Master Plan is a general document � z providing advisory guidelines to aid the Town in analyzing development proposals and that � full compliance is not required in order for a project to be approved. �' � The stated goals of the Vail Village Master Plan which staff believes are applicable to this � application appear in Section VIII under staff's assessment of Criterion D. � ¢ Specific Sub-Area Details found in the Vail Village Master Plan �' � Mixed Use Sub Area (#1) � The Mixed-Use sub-area is a prominent activity center for Vail Village. It is ;`,, distinguished from the Village core by the larger scale buildings and by the limited �; auto traffic along East Meadow Drive. Comprised of five major development � projects, this sub-area is characterized by a mixture of residential/lodging and �' commercial acfivity. � ,: �. There is a great deal of potential for improvements fo both public and private facilities � in the area. Among these is the opportunity to develop gateway entries to the Village �, at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a �! long term goal to strengthen the connection between this area and the Village core � area by reinforcing the established pedestrian linkages. Pedestnanization in this area #' � 4 � � 3 ` � � � �' �+ may benefit from the development of retail infill with associated pedestrian � improvements along East Meadow Drive and the developmenf of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of fhe final phase of the Vail Village Inn project. In addition, commercial and residentia!/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built ouY'. #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill may be done a number of ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential fo improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Town of Vail Zoninq Requlations Article E. Commercial Service Center (CSC) District(in part) 12-7E-1: Purpose: � The Commercial Service Center Districf is intended to provide sites for general shopping and commercial facilities serving fhe Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercia!Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 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 that are currently approved are shown in bold text in the table below. The parameters that would change in conjunction with this major amendment request are shown in bo/d italics. 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' ,� 4 , � � � � East Side: 20' 0' to 25' �: � Front (Meadow Drive): 20' 0' to 150' _ Building Height: 38' 99.9 ft. � � Density: 18 units/acre 29.5 units/acre �; 47.5 D.U.s 78 D.U.s � � GRFA: 46,051.6 sq. ft. 200,858 sq. ft. �` (40%) (174.4%) _ � � Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. � (75%) (93.6%) �'' ; � Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. F � (20% total site) (37.6% total sife) f Minimum Softscape�f total permitted `° 18,420.6 sq. ft. 13,433 sq. ft. i (80%) (31.0%) � Maximum Hardscape of total permitted � 4,605.1 sq. ft. 29,078 sq. ft. ; (20%) (67.1%) �: � , : Parking: 217 spaces 304 spaces � (81 spaces approved to be in private � parking club and 6 surplus public spcaes) �' � � VII. SURROUNDING LAND USES AND ZONING � � Land Use Zoning � North: CDOT ROW None �;; South: Mixed Use Commercial Core II District/Public § Accommodation fr East: Public Parking General Use District ;- West: Mixed Use SDD No. 6 � � 7 VI11. THE SPECIAL DEVELOPMENT DISTRICTMAJOR AMENDMENTREVIEW PROCESS � 4' Chapter 12-9 of the Town Code provides for the review of a major amendment to an €` established special development distncts in the Town of Vail. According to Section 12-9A-1, r ; the purpose of a special development district is, � "To encourage flexibility and creativity in the development of land, in order to �', promote its most appropriate use;to improve the design character and quality of the �'` new development within the Town; to facilitate the adequate and economica! � provision of streets and utilities;to preserve the natural and scenic features of open � space areas; and#o further the overall goals of the community as stated in the Vail � � Comprehensive Plan. An approved development plan for a Special Development � District,in conjunction with the property's underlying zone district, shall establish the � � requirements for guiding development and uses of property included in the Special x Development District." 5; 5 The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to � demonstrate that submittal matenal and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the projecYs compliance with the nine SDD review criteria: A. Consideration of Factors Reqardinq Special Development Districts A. Design compatibilityand sensitivityto the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity,character,visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and 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 77 to 78 and the GRFA by 1,999 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure. There are no changes to the approved heights and setbacks of the structure. Staff believes the proposed amendments comply wth this criterion. B. Uses, activity and density which provide a compatible, efficient and workable � relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed how the GRFA being proposed within the project 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. The proposal to increase the number of dwelling units by one and GRFA by 1,999 square feet modestly affects the density per acre on the site. As this proposal is to convert a single retail space to residential within the approved bulk and mass Staff does not believe there is a negative impact to the surrounding properties with regard to density on the Solaris project with this amendment. During the initial review of the Solaris project there was a great deal of discussion centered on the uses and location of those uses withinthe project. There was initial concern about the location of retail on the second floor of the project and its viabifty as many places and studies have shown that it is difficult to draw pedestrians up to a second floor retail level. Through the review process the applicant provided evidence that the second floor retail could indeed be successful. Reasons given for the success were the are shape of the retail allowing for better visibility,the ability to control tenant mix and locate"anchors or big draws" on the second floor, the provision of a walkway on the second floor containing benches for pedestrians and areas for activity generation. The particular space proposed to be � s . � 4}- €' �. converted was highlighted as a location where an establishment on the second floor would � � have an outdoor patio which could be a food and beverage business with patrons sitting on � the deck creating excitement and vitality on the second floor. The conversion of this space � eliminates the possibility of provided for heightened activity on the second floor thus � potentially being a draw to pedestrians to explore the second floor. However,throughout the - Design Review process and the Building Permit review process changes were made and £ approved which made the proposed space potentially less viable to serve in the suggested manor. Those changes were the design of the stairs to reach the second floor retail in the < south west corner of the site and its impacts to the walkway located in front of this retail � space on the second floor. In refining the stair design to make them as inviting to � pedestrians to go up to the second floor the walkway in front of this commercial space was ` cut back leaving it with eight feet of frontage on the pedestrian walkway. The proposed � design does not convert the entirety of the retail space to residential. In order to provide all � retail frontages on the second floor walkway that portion of the space which had frontage on � the walkwaywas added to the adjacent retail space. The proposed residential unit does not ` have any frontage on the second floor pedestrian walkway. Staff does have some concerns � about the impact of this conversion from a retail space to a residential unit which may not Ty` generate as much"activity"on the patio which will be visible from both directions on Meadow ;; Drive. In further review of the application staff identified within the adopted SDD No. 39, Crossroads, text restricting the conversion of tenant spaces as shown on the °Approved �; ; Development Plan" prohibiting the conversion of retail spaces to residential units. These � portions of text have been underlined on pages 2 and 5 in the draft Ordinance No. 7, Series < of 2009, attached (Attachment C) to this memorandum. Through this major amendment F' proposal the applicant is requesting approval of an amended"Approved Development Plan° � � which would convert one of the tenant spaces from retail to residential. If the proposed � amendments are approved the text and condition found in the Ordinance do not need to � change as the"Approved Development Plan"will no longer depict the converted space as � retaiL � Emplovee Housinq Requirements r As indicated in a number of the goals and objectives of the Town's Master Plans, providing � affordable housing for employees is a critical issue which should be addressed through the ;: planning process for SDD proposals. In reviewing the proposal presented to the Planning �: and Environmental Commission on January 23, 2006, for employee housing needs, staff �' relied on the Town of Vail Employee Housing Report. This report has been used by the staff '' in the past to evaluate employee housing needs. That analysis showed a net new � generation of employees by the Crossroads project to be six(6)employee beds. In the most b recent approval of Ordinance No. 21, Series of 2007, the Town Council required a total of 22 x employee beds be provided off-site in conjunction with the Solaris project. The conversion � of the proposed space from retail to residential does not generate an increase in the � employee housing generation. This is due to the recent minor amendments which were �; approved to increase retail square footage by approximately 700 square feet and the � rounding up of the beds to be provided in conjunction with those applications. Furthermore € there is a lesser employee generation requirement for residential than retail resulting in a � decrease in the requirement. A more detailed explanation can be found on page 5 of the applicanYs request, which staff has reviewed and concurs with the findings. ; �' Staff believes that the proposal does comply with this criterion. E � # � C. Compliancewith parking and loading requirements as outlined in Chapter 12-10 of � the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 217 spaces. The applicants are proposing to provide a total of 304 spaces, all of which are to be provided in the proposed underground parking structure. There are 87 additional parking spaces proposed to be constructed above and beyond that whichis required. Of these additional parking spaces there are 81 proposed to be in a private parking club and the remaining six (6) the applicant is proposing will serve as additional public benefit. 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. Cor�formity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan; Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy �j guidelines during the review process for the establishment of a special development district. �•I� Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads,proposal: � 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) � 8 E • � ( c �,., � �' � pi: 3 � 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 � M 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. �` �, Vail Villaqe Master Plan �, � Staff believes that the following stated goals of the Vail Village Master Plan are applicable to � this major amendment application: Y � � Goa/ #2: To foster a strong tourist industry and promote year-around g economic health and viability for the Village and for the community as a w, whole. � � � Objective 2.5: Encourage the continued upgrading, renovation and � maintenance of existing lodging and commercial facilities to better �` serve the needs of our guesis. � � < Staff believes that the application complies with all the goals and objectives of the Vail �: Comprehensive plan. } E. Identification and mitigation of natural and/or geologic hazards that affect the � property on which the special development district is prcposed. � ; According to the Official Town of Vail Geologic Hazard Maps,the Crossroads development r site is not located in any geologically sensitive areas. Staff believes that the application ;; complies with this criterion. � � E:' 3 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. � f:: } 9 � � 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. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As the proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the landscaping and open spaces included in the Crossroads redevelopment. Furthermore the Design review Board provided their input on the refinement of these spaces. As this proposed major amendment does not affect these elements staff believes the proposal continues to 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 theCrossroads 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, to allow for an increase in the number of dwelling units from 77�units to 78 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from fhe development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consisfent with the development � goals and objectives of the Town. 10 �,. That the proposed gross residential floorarea of 174.4%oflot area, additional thirty- one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of theVail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the characterof the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicant's request, staff recommends that the draft Ordinance No. 7, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. A�plication for a Maior Amendment to Special Development District No, 39, Crossroads,to allow for an increasefrom 77 to 78 dwellinq units Dated revised March 2, 2009 B. Reduce plans of the proposai dated February 27, 2009 C. Draft of Ordinance No. 7, Series of 2009 � � 11 �✓ m�- '""�5,� ,,,��`� ��y„_��,.g«=..«�� S�!t ��`ta��i��s Js��z.-s �- � .,. s� i�' � ��i�3iC'T b +r'x�" � r� . � � , �'..s�` � �.. � � �� ; � �� a .�5. #� `Ac�. '"'- i�` S J ��ew� �: 3 `-�"r•�'`�, �`�,: k�� "'7M R�,� �'p .��k� ��•'� �� y��1 � � b �� ' .: � � �'� t �' �� a �� x.,�.��. r` = `�, : '�„�. : t � Ga �'� > . � ��",��'� � � �� z-� � + � �°`.'�f.�*t'�� t��a.T�. �-. � �' � " ; �,? ' ��"L Y�., ��-s" y`.� � �� "1 � �� t .X< b� � � 4� �� 1py,. � �= � ,� ° �� : ��. �� r � � �. ��' '" � f� ��.� 'k`.��' ..� _.Y � .i`t . 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P� �: "� " � � , ft= . °w.�� -. , � _ �-�' � �'=--� _ �` y� ��. �� ,.�--�� ,�,.. ��_.,�.:�� . �,__.< .. � �'"�`�u,.,.� :� "' . .,�. � ..�__.� _.�.��. 9, � Application for a Major Amendment to � Special Development District No. 39, Crossroads, to allow for an increase from 77 to 78 dwelling units January 2009 Revised March 2, 2009 Submitted by ' � t ' MauneiSo P{anraFng Grvup Attachment: A � � Owner and Consultant Directory Owner/Applicant: Peter Knobel Solaris Property Owner, LLC 2211 North Frontage Road West Suite A Vail, CO 81657 Planning Mauriello Planning Group, LLC : PO Box 1 127 Avon, CO 81620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY 1 1932 631-537-3555 � Production Architect Davis Partnership 0225 Main Street, Unit C 1 Ol Edwards, CO 81632 970-926-8960 � I. Introduction � We are requesting a major amendment to Special Development District No. 39, Solaris, to allow for the addition of a dweliing unit, increasing the approval trom 77 dwelling units to 78 dwelling units. The application includes the conversion of 1 ,999 sq. ft. of area previously indicated as retaii space into a 1 ,999 sq. ft. residential condominium. This retail space has been identified as a location that is not in a desirable location for retail as it is located at the far end of the promenade level (second floor) with limited exposure to the promenade walk (see Promenade Level Floor Plan below). Leasing this space to any retailer has been difficult as a result, and retailers have identified this space as problematic for commercial uses. Additionally, the proposed amendment will allow Solaris to continue to be a viable project during this period of economic hardship by converting a burdened retail area to a revenue producing residential space. � �� _�r ��T!-, y ' i .} �� . � . i� ��. . �` �r�.'{ +tr .- �____. - � � RE7AlL � � � r' � '��,rT-�� '�. � ��-r�� - � r �� _,�+-, ,�,�-;��'" Limited exposure �� E��'- � �� , �r?t�;, r to the retail � L i, r�`} �+`� ' promenade � r 7�.. . � � , � ��t-z1�yT � � � —_ � L� f '.. I-i�:1.}..'. ��._ � J_4.. _.. .` L�fir � — a; � 7 ; �} - ' t � LI.y �i7��`-: i i �� __ � ,- i } `� ? . �Fy��Q'Y �e / *-:; �I,r': �— -� � -;�;' New residential --- condominium , � i i+ ', NEW R£SI�EIJTIAL � '��.' �. ._..... . i !i �1', . 1.999 3Q.FT. ... ..............a��, (-.::r:�:::'_.....,,��. :� i � It is important to note that various amendments have been reviewed and approved as we have continually improved and refined the retail experience. Based on input from potential retailers, there has been a general shifting of retail spaces, creating some smaller retail opportunities to compliment the larger retail spaces. in the approved minor amendment approved in December of 2008, nearly 700 sq. ft. of commercial space was added to the plaza level. The proposal will have little impact on revenues and vitality to the Town given the recent minor amendment which added retail on the first fioor. The proposed change 2 ,� Crossroads Redevelopment Mauriello Planning Group,LLC � actually reduces impacts to employee housing and parking. The applicant is proposing to provide 22 employee beds as a public benefit. In addition, the public benefit package for Solaris is extensive, and includes the following: • Outdoor Ice Skating Rink for public skating in winter/water-recreation feature in � the spring and summer months; • New public piaza of '/2-acre (24,000 sq. ft.) in the heart of Town for public gatherings and events that occupies approximately 20% of the property controlled by the Town via a Generai Improvement District with guaranteed public access; • Public accessible restrooms at the pedestrian level; • Approximately 70,000 sq. ft. of new high quality retail and restaurant space at the pedestrian level and one floor above, including a 3-screen state of the art movie theater and 10-lane bowling alley with a sports cafe/arcade; • Relocated loading and delivery docks (Frontage Road access) with five bays available to adjacent properties; • New streetscape and pedestrian improvements on all sides of site including landscape medians in the South Frontage Road; • Buffering of I-70 highway noise from the pedestrian areas south of the project; • $1 .l million in public art; • New heated sidewalks around the entire project; • New raised landscape median in South Frontage Road; � • Reconstructed Village Center Road as a heated paver roadway; • Reconstructed Willow Bridge Road and East Meadow Drive as a heated paver area; • Off-site employee housing to accommodate 22 employees; • Traffic impact fees to be paid to the Town to be used for Frontage Road improvements; • Parking structure that is open to the general pubiic for fee. In summary, this application is necessary and warranted to: • Allow the Solaris project to move forward in a financially sustainable way • Allow the project to maintain the high-end quality finishes and not reduce the quality to meet budgetary needs • Recognize the net change in retail is minor in the overall context of the project • Allow the project to maintain the high levels of public benefit despite the strains placed on it by the economy. • Recognize the ineffectiveness of the retail space as currently planned �, 3 Crossxoads Redevelopment Mauriello Planning Group,LLC II. Detailed Project Description � A. Residential and Commercial Floor Areas There is an increase in the approved gross residential floor area by 1,999 sq. ft. There is a corresponding reduction in retaii by 1,999 sq. ft. The minor amendment approved in December of 2008, added 686 sq. ft. to the overall retail area, thus making the net change less significant. There are no changes to other uses on site. Below is a table indicating the current approvai and the 2009 amendment proposai: Use Current Approvals Proposed 2009 Net Change Amendment Residential 198,859 s . ft. 200,858 s . ft. +1,999 s . ft. Retail 34,536 sq. ft. 32,537 s . ft. -1,999 sq. ft. B. Parking Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 304 parking spaces (above the previous 301 ) to allow more public to park on the site. Due to this proposal, there is a surplus of parking on the site available to the public and which can be used to meet any future requirements. These extra six spaces are considered part of the public benefit of this proposal. Amendment Pro osed: •r� # of Units/Sq. Use Ft. Code Ratios Total Dwellin Units 78 1.4 109.2 Retail 32,537 0.0023 74.83 Theater seatin 3,059 0.006060606 18.539 Restaurant seatin 5,61 1 0.004 22.444 Bowlin 1,170 0.0023 2.691 Total 227.704 5% reduction 1 1.38 Net Re uired Parkin 216.324 (217) Parkin Provided 304 spaces Parkin Club Parkin 81 s aces Excess Parkin 6 s aces C. Densify Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 77 units to 78 units. The site is 2.643 acres. The current approval allows for 29.13 units per acre. The proposed increase to 78 units results in a proposed density of 29.5 dwelling units per acre. 4 � Crossroads Redevelopment Mauriello Planning Group,LLC �r D. Employee Housing Plan The original approval of Solaris was prior to the adoption of the current employee housing regulations. As a result, all previous housing requirements have been based on "beds" rather than the new requirements of either "employees generated" or "employee housing area (sq. ft.)". However, due to the increase in residentiai floor area and the decrease in retail floor area, a revised employee housing plan is required to be submitted with this major amendment application, based on the current requirements. The following calculations based on Chapters 23 and 24 have been provided for reference: Commercial Linka e: Use Increase/Decrease Calculation Employees Generated Retail - 1,999 sq. ft. 2.4/1000 sq. ff * .20 miti ation rate -.96 Inclusiona Re uirement: Use Increase/Decrease Calculation Area (sq. ff.) Required Residential 1,999 s . ff. * .10 miti ation rate 199.9 s . ft. The conversion between the commercial linkage requirement and the inclusionary requirement generally equates to 350 sq. ft. per employee. � Therefore, the commercial linkage equates to a reduction of 336 sq. ft. of employee housing requirement. With the inclusionary requirement of 199.9 sq. ft., the total housing requirement equals a net reduction in the employee housing requirement of 136 sq. ff. (or reduction of .39 employees.) The minor amendment approved on December 24, 2008, increased the employee housing requirement by .33 of an employee, making the current employee housing requirement for 22.33 beds. The applicant proposed 1 additional bed to meet this requirement, while maintaining the .67 employee credit to accommodate any future changes. As a result of this reduction of .39 employees, the additional .33 requirement is no longer necessary, and the total requirement now dips below the 22 beds originally required. In 2007, an amendment was approved (Ordinance 21, Series 2007) to the Solaris project. There was an overall reduction of parking available to commercial and parking club users. Parking dropped from 338 spaces to 298 spaces. The Town Council required an additional 10 employee beds (total of 22 beds) to mitigate for the loss of "public benefit" in the number of parking spaces. Since this application results in a surplus of six parking spaces above and beyond the parking requirements, the 10 beds imposed on the project should be reduced accordingly. The six surplus spaces represent a 1 S% change which would reduce the additional 10 bed requirement to 8.5 beds, or a total requirement of 20.5. However, the applicant is proposing to provide a total of 22 beds as a public benefit to support this application. �, 5 Crossroads Redevelopment i�lauriello Planning Group,LLC III. Application Process � Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads (Solaris), to facilitate the redevelopment of Crossroads. Ordinance No. 10, Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units. Ordinance No. 21, Series of 2007, again amended the Special Development District No. 39 to allow for 2 additional dwelling units. The addition of a dwelling unit is a major amendment to SDD #39. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEWJ: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this sectionJ, except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 OrdinanceJ", of this title. Ordinance 5, Series of 2006, also included a condition of approval regarding uses at Solaris. The language of the condition states the following: "...No space noted as retail space on the Approved Development Plan shall be converfed to a residential dwelling unit..." This application proposed to maintain this language yet allowing for this amendment � to be approved. The following is a list of the submittal requirements for a major SDD 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 major amendment. Fee Submitted Stamped, addressed envelopes and a list 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 following: Submitted a. Describe the nature of the project to include information on proposed uses, densities,nature of the development proposed, contemplated ownership patterns and phasing plans. b.A statement outlining how and where the proposed development deviates from the development standards rescribed in the ro ert 's underl in zone district. A com lete zonin anal sis Submitted Stam ed To o ra hic Surve Refer to the ori inai submittai-no chan e Existin and Pro osed Site and Gradin Plans Refer to the ori inal submittal-no chan e A Vicini Plan Refer to the ori inal submittal-no chan e A Landsca e Plan Refer to the ori inal submittal-no chan e 6 � Crossroads Redevelopment Mauriello Planning Group,LLC � A Roof Hei ht Plan Refer to the ori inal submittal-no chan e Existin and Pro osed Architectural Elevations Refer to the ori inal submittal-no chan e Existin and Pro osed Architectural Floor Plans Submitted Sun/shade anal sis Refer to the ori inai submittal-no chan e All lans must also be submitted in 8.5.x 1 l.reduced format. Submitted An Architectural or massin model Refer to the ori inal submittal-no chan e Photo overla s Refer to the ori inal submittal-no chan e Parkin needs assessment and vehicular circulation anal sis Submitted An Environmental Im act Re ort Refer to the ori inal submittal-no chan e � � 7 Crossroads Redevelopment Mauriello Planning Group,LLC IV. Special Development District - Standards and Criteria � "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with fihe Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: 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. Our Analysis: There are no changes to the design of the proposed building as a result of this proposal. The proposed Solaris redevelopment plan was designed to be compatible �„� with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage � Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (1/2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. 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 8 � Crossroads Redevelopment Mauriello Planning Group,LLC � been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. The materials are of the highest quality and include Telluride Gold stacked stone, strip sandstone (laid on side�, wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed amendment does not change this vibrancy along East Meadow Drive. The proposed amendment converts a second � floor ara at the very end of the retail promenade. The area is secluded and will not operate well as a retail area due to the location and seclusion. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. In fact, a surplus of 6 spaces are being provided above and beyond the requirement for all uses on the site. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. � 9 Crossroads Redevelopment i�fauriello Planning Group,LLC E. Natural and/or Geologic Hazard: identification and mitigation of natural � and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: 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. Our Analysis: There are no changes to the above-reference design features as a result of this proposal. The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the � community desire to extend a public plaza into the site. The proposed plan includes a large open plaza (nearly 20% of the area of the entire site). This 1/2-acre plaza will improve the Town's ability to accommodate outdoor gatherin,gs and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analvsis: The proposed amendment has no impact on this criterion. The Solaris project has been designed to address three major issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long-standing goal of the Town is to remove loading and delivery entering the Solaris site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for a mixed-use facility. The loading dock also includes a trash facility for the 10 � Crossroads Redevelopment Mauriello Planning Group,LLC � project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. Ail of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Viliage Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a porte cochere along the South Frontage Road for residential guests arriving at the site. The porte cochere will provide temporary pick- up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial �ses are finalized. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for major 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 cassociated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the � VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: There are no changes to the landscaping as a result of this proposal. The Solaris project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks ail compete with landscape improvements. However, the proposed redevelopment plan for Solaris provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic quality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. � 11 Crossroads Redevelopment i�lauriello Planning Group,LLC I. Workable Plan: Phasing plan or subdivision plan that will maintain a J workable, functional and efficient relationship throughout the development of the special development district. Our Analvsis: There are no changes to the phasing of this project as a result of the proposed major amendment. The project is proposed to be developed in one phase. � 12 ,� Crossroads Redevelopment �lauriello Planning Gioup,LLC � V. Adjacent Property Owners TOWN OF VAIL C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V CONDOMINIUM 75 S FRONTAGE RD ASSOCIATION VAiI, CO 81657 COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 HIBBERD, FRED, JR EDWARDS, CO 81632 400 NW RIDGE RD JACKSON, WY 83001 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION VAIL CORE CONDOMINIUM ASSOCIATION, INC. COLORADO REGISTRATION, INC VAIL TAX &ACCOUNTING, INC. PO BOX 666 P O BOX 5940 VAIL, CO 81658 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM VILLAGE CENTER ASSOCIATION ASSOCIATION PO BOX 5968 COLORADO REGISTRATION, INC. VAIL, CO 81658 POST OFFICE BOX 666 VAIL, CO 81658 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR VAIL VILLAGE PLAZA CONDOMINIUM PHOENIX,AZ 85018 ASSOCIATION 143 E.MEADOW DRIVE NO.360 TALISMAN CONDO ASSOC. C/O SLIFER MANAGEMENT CO W.THOMAS SAALFELD VAIL, CO 81657 62 E MEADOW DR VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM � ASSOCIATION SONNENALP PROPERTIES INC SALLY HANLON 20 VAIL RD 385 GORE CREEK DRIVE-NO. R-2 VAIL, CO 81657 VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM AUSTRIA HAUS CONDO ASSOC INC ASSOCIATION 242 E MEADOW DR. C/O ABPLANALP LAW OFFICE LLC, VAIL, CO 81657 POST OFFICE BOX 2800 VAIL,CO 81658, UNITED STATES ANN BISHOP VAIL VILLAGE INN PHASE III ASSOC VILLAGE INN PLAZA CONDOMINIUM PO BOX 820 ASSOCIATION VAIL, CO 81658 JOSEF STAUFER 100 E MEADOW DR #31 CDOT VAIL,C081657, UNITED STATES 4201 E.ARKANSAS AVENUE DENVER, CO 80222 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION MAURIELLO PLANNING GROUP, LLC 100 EAST MEADOW DRIVE STE 31 POST OFFICE BOX 1 127 VAIL, CO 81657 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM SOLARIS COLORADO REGISTRATION, INC. 2211 NORTH FRONTAGE ROAD, SUITE A 880 HOMESTEAD DRIVE, NO.25 VAiL, CO 81657 EDWARDS,CO 81632 � 13 Crossroads Redevelopment Mauriello Planning Group,LLC J W 0 � � , � � 4 N � �� "'! 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Ei_.' �a...d � ' � ,� � . _ I F �.:, —� \ t`�.L r I \ ;e:` __" � � I i i ,\ /' , i � � " _ � � 1.' , i , , a m � r � , � � � �, '-� _ � --� I �z � \ f� �-. " �i i ' _' "'�.�, �. ��. : � � �� ------i i � S � ' I y� _ � � � �� — / �, e mD ; � 70 \ �n.✓'�� ^' V —y � � ��°+� . ° �� . 1 ' \�\ ' I � i A D� � \ �:� � � � v I� - ` : I c m T ,D \.� I � ': I A �� . N a O . �C,I""J li� � � „' ,.�°� 0 I �� m < �� N _ rn ° b m 0 �.: _ ur zr,c � m \ . i O I r �\ � uP z.sx r._� I `�� \ i — I ..�� . . �- i .. � i � �'., —� � Page 1 of 1 Warren Campbell - Solaris �;;��z.�.,� , ..�.�, , . . � �� From: Allison Kent To: "'Warren Campbell"' Date: 04/06/2009 9:58 AM Subject: Solaris CC: "'Dominic"' Hey Warren— We are having some scheduling issues on the Solaris amendment. We would like to be tabled to the May 19�h Town Council hearing. Sorry for any inconvenience and please let me know if this works for you. Thanks. Allison Kent, n i c P Mauriello Planning�imup PO Box I 127 Avon,CO 81620 970390.8530 • • file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\49D9D... 04/15/2009 . � � � U�- MEMORANDUM �l � TO: Town Council FROM: Community Development Department DATE: March 17, 2009 �-O,Q SUBJECT: First reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a first reading of Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units. � Staff has attached a copy of the draft Ordinance No. 7, Series of 2009, (Attachment A) and the staff memorandum to the Planning and Environmental Commission dated March 9, 2009 (Attachment B). II. BACKGROUND On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval on the adoption of Ordinance No. 7, Series of 2009, by a vote of 6-1-0 (Pierce opposed). III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council approves, on first reading, Ordinance No. 7, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 9, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the � permitted number of dwelling units from 77 to 78 units, and setting forth details in regard thereto." 1 . � Should the Town Council choose to approve Ordinance No. 7, Series of 2009, on first � reading, the Community Development Department recommends the Town Council makes the following findings: "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria ouflined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Last/y, the Commission finds that the request is consistent with the development goals and objectives of the Town. That the proposed gross residential floor area of 174.4% of lot area, additiona! thirty-one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development rs in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and fhe Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." r � IV. ATTACHMENTS A. Ordinance No. 7, Series of 2009 B. Memorandum to the Planning and Environmental Commission dated March 9, 2009 � 2 . ORDINANCE N0.7 � Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO.39,CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL,AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9,Article A, Special Development(SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations,Vail Town Code, and furthers the development objectives of the To�Nn of Vail; and � WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Speciat Development District No. 39, Crossroads, tothe Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient,workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006,which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1,which comprise a total of 115,129 square feet(2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No. 7, Series 2009 � � Vail Town Council Attachment: A District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The ' underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center(CSC) District. � �..r� Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated February 27, 2009, and stamped approved April 21, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development stand�ards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 3B, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the "''� uses upon the plaza level tenant spaces to"retail/restaurant"uses solely and shall not be utilized for "professional offices, business otfices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet(99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No.7, Series 2009 2 � E. Density Control: The maximum allowable Gross Residential Floor Area � (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the m�ximum allowable density shall be seventy- eight (78) dwelling units, and five (5} attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site devefopment shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half(1/2)of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. � Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 3B, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events,which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); � Ordinance No.7,Series 2009 3 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 enciosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation(CDOT) priorto 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. 4. The Developer shall comply with the written final comments of the Town of Vail Pub►ic 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 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 traffic generation created by the specific tenants that wilt lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary Ordinance No.7,Series 2009 4 � 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 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 ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer doesnot begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 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 contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 � occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 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 two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses Ordinance No.7,Series 2009 rJ � or phrases be declared invalid. Section 6. The Vail Town Councii hereby finds, determines and declares that this � ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws,orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of March, 2009, and a public hearing for second reading of this Ordinance set for the 215t day of April, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Coloracb. Richard D. Cleveland, Mayor � ATTEST: Lorelei Donaldson, Town Clerk Ordinance No.7,Series 2009 6 • � MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 9, 2009 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendmentto Special Development District No. 39, Crossroads, pursuanttoArticle 12-9A, Special Development District,Vail Town Code, to allow for an increase in the number of dwelling units from 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1, and setting forth details in regard thereto. (PEC090003) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicants, Solaris Property Owner, 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 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review,the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval,with conditions of the applicant's request for a major amendment to Special Development District(SDD) No. 39, Crossroads,to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is 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 77 units to 78 units. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: � • An increase in the number of dwelling units from 77 to 78. A proposed deviation from the allowable number of dwelling units (47) which is 31 dwelling units greater; • An increase in the proposed Gross Residential Floor Area (GRFA) from 198,859 square feet to 200,858 square feet. A proposed deviation from the allowable amount of GRFA (45,080 sq. ft.) which is 155,778 sq. ft. greater, and • A decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to � 32,537 square feet. 1 Vail Town Council Attachment: B A copy of the text detailing the application entitled Solaris: Application for a Maior � Amendment to Special Development District No, 39, Crossroads, to allow for an increase from 77 to 78 dwellinq units dated revised March 2, 2009, (Attachment A) and a reduced copy of the floor pians and elevations dated February 27, 2009, (Attachment B) have been attached for reference. A draft of Ordinance No. 7, Series of 2009, containing the changes associated with the proposed major amendment proposai is attached for reference (Attachment C) Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is rec}uesting 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) and Gross Residential Floor Area (GRFA). III. BACKGROUND • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed)to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use � (ice skating rink). • On March 21, 2006,the Town Council on second reading of Ordinance No.5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. • On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007, � increasing the permitted number of dwelling units from 69 to 75 dwelling units. This ordinance also increased the number of employee beds to be provided from 12 to 22 beds. • On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007, increasing the number of perm�ted dwelling units from 75 to 77 dwelling units. • On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007, which established the managed parking plan for Solaris. • On November 24, 2008, and January 12, 2009, the Planning and Environmental Commission upheld separate staff approved Minor Amendments to the SDD increasing the commercial square footage of the project by approximately 700 square feet. IV. ROLES OF REVIEWING BOARDS Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. 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 .� 2 � conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Speciai 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. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan � As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposa/s that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub-Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger sca/e buildings and by the limited auto tratfic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potentia!for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core � area by reinforcing the established pedestrian linkages. Pedestrianization in this area 3 may benefit from the development of retail infill with associated pedestrian improvements along Eas� Meadow Drive and the development of public access to � Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially/eave the sub-area "built out". #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (exisfing and new parking demand to be provided on site). Whi/e configuration ofinfill maybe 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 strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Pofential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Town of Vail Zoninq Requlations Article E. Commercial Service Center (CSC) District(in part) 12-7E-1: Purpose: � The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriafe to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff hasperformed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards that are currently approved are shown in bold text in the table below. The parameters that would change in conjunction with this major amendment request are shown in bold italics. Development Standard Allowed Proposed LotArea: 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' � 4 East Side: 20' 0' to 25' �,. Front (Meadow Drive): 20' 0' to 150' Buiiding Height: 38' 99.9 ft. Density: 18 units/acre 29.5 units/acre 47.5 D.U.s 78 D.U.s GRFA: 46,051.6 sq. ft. 200,858 sq. ft. (40%) (174.4%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% totai site) (37.6% total site) Minimum Softscape�f total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1%) Parking: 217 spaces 304 spaces � (81 spaces approved to be in private parking club and 6 surplus public spcaes) VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommoda�tion East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICTMAJOR AMENDMENTREVIEW 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 flexrbility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the � requirements for guiding development and uses of property included in the Special Development District." 5 The Town Code provides nine design criteria which shail be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to � demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reqardinq Special Development Districts A. Design compatibilityand sensitivityto the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity,character,visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and 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 77 to 78 and the GRFA by 1,999 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure. There are no changes to the approved heights and setbacks of the structure. Staff believes the proposed amendments comply wth this criterion. B. Uses, activity and density which provide a compatible, efficient and workable � relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibilityto surrounding uses and activity. In that analysis Staff showed how the GRFA being proposed within the project 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. The proposal to increase the number of dwelling units by one and GRFA by 1,999 square feet modestly affects the density per acre on the site. As this proposal is to convert a single retail space to residential within the approved bulk and mass Staff does not believe there is a negative impact to the surrounding properties with regard to density on the Solaris project with this amendment. During the inEtial review of the Solaris project there was a great deal of discussion centered on the uses and location of those uses withinthe project. There was initial concern about the location of retail on the second floor of the project and its viabifty as many places and studies have shown that it is difficult to draw pedestrians up to a second floor retail level. Through the review process the applicant provided evidence that the second floor retail could indeed be successful. Reasons given for the success were the are shape of the retail allowing for better visibility,the ability to control tenant mix and locate"anchors or big draws" on the second floor, the provision of a walkway on the second floor containing benches for pedestrians and areas for activity generation. The particular space proposed to be �r` 6 � converted was highlighted as a location where an establishment on the second fioor would have an outdoor patio which could be a food and beverage business with patrons sitting on the deck creating excitement and vitality on the second floor. The conversion of this space eliminates the possibility of provided for heightened activity on the second floor thus potentially being a draw to pedestrians to explore the second floor. However,throughout the Design Review process and the Building Permit review process changes were made and approved which made the proposed space potentiaily less viable to serve in the suggested manor. Those changes were the design of the stairs to reach the second floor retail in the south west corner of the site and its impacts to the walkway located in front of this retail space on the second floor. In refining the stair design to make them as inviting to pedestrians to go up to the second floor the walkway in front of this commercial space was cut back leaving it with eight feet of frontage on the pedestrian walkway. The proposed design does not convert the entirety of the retail space to residential. In order to provide all retail frontages on the second floor walkway that portion of the space which had frontage on the walkway was added to the adjacent retail space. The proposed residential unit does not have any frontage on the second floor pedestrian walkway. Staff does have some concerns about the impact of this conversion from a retail space to a residential unit which may not generate as much"activity"on the patio which will be visible from both directions on Meadow Drive. In further review of the application staff identified within the adopted SDD No. 39, Crossroads, text restricting the conversion of tenant spaces as shown on the "Approved Development Plan" prohibiting the conversion of retail spaces to residential units. These portions of text have been underlined on pages 2 and 5 in the draft Ordinance No. 7, Series of 2009, attached (Attachment C) to this memorandum. Through this major amendment � proposal the applicant is requesting approval of an amended"Approved Development Plan" which would convert one of the tenant spaces from retail to residential. If the proposed amendments are approved the text and condition found in the Ordinance do not need to change as the "Approved Development Plan" will no longer depict the converted space as retail. Emplovee Housinq Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal presented to the Planning and Environmental Commission on January 23, 2006, for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. That analysis showed a net new generation of employees by the Crossroads project to be six(6)employee beds. In the most recent approval of Ordinance No. 21, Series of 2007,the Town Council required a total of 22 employee beds be provided off-site in conjunction with the Solaris project. The conversion of the proposed space from retail to residential does not generate an increase in the employee housing generation. This is due to the recent minor amendments which were approved to increase retail square footage by approximately 700 square feet and the rounding up of the beds to be provided in conjunction with those applications. Furthermore there is a lesser employee generation requirement for residential than retail resulting in a decrease in the requirement. A more detailed explanation can be found on page 5 of the applicant's request, which staff has reviewed and concurs with the findings. � Staff believes that the proposal does comply with this criterion. � C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. � As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 217 spaces. The applicants are proposing to provide a total of 304 spaces, all of which are to be provided in the proposed underground parking structure. There are 87 additional parking spaces proposed to be constructed above and beyond that whichis required. Of these additional parking spaces there are 81 proposed to be in a private parking club and the remaining six (6) the applicant is proposing will serve as additional public benefit. 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. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy � guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads,proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) ,.r� a � 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. Vail Viliaqe Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. � Objective 2,5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is prq�osed. 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. 9 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As the proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the landscaping and open spaces included in the Crossroads redevelopment. Furthermore the Design review Board provided their input on the refinement of these spaces. As this proposed major amendment does not affect these elements staff believes the proposal continues to 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 propertywill be necessary to facilitate the development of theCrossroads 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, to allow for an increase in the number of dwelling units from 77 units to 78 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should tfie Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vai! Town Code. Furthermore, the app/icant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the pub/ic hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development � goa/s and objectives of the Town. 10 �, That the proposed gross residential f/oorarea of 174.4%of lot area, additional thirfy- one dwelling units over allowable (at 29.5 units per acre total) in the Commercial Service Center zone districf is in conformance with applicable elements of theVail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Servrce Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Sfreetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on . the characterof the neighborhood, and that the proposal substantially complies with ofher applicable elemenfs of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicanYs request, staff recommends that the draft Ordinance No. 7, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. Application for a Major Amendment to Special Development District No, 39, Crossroads to allow for an increasefrom 77 to 78 dwellinq units Dated revised March 2, 2009 B. Reduce p�ans of the proposal dated February 27, 2009 C. Draft of Ordinance No. 7, Series of 2009 � � 11 ..� , �-r "*+�"�:. ��.�-�-. �,:; � ��r',� a �.3: � �"'��> 3�3 �: �- - �� i� � „ ��~}�'�, �i ,� �".-'��.�.��•�«*ri'c�� .. �r,',� �g ^��*�`""� "'' ��7. a r� � .d�� ""��_ `�t ti m�� ,c� ;�z' ?.� �_ �c, d Y-„y..x��r^ ,y `,t�e 1-,�^'��v...:w�>�� .� �-��''�,��°�' t"��'�"`<r# �. .: "� j � � � � � � , � �°$��5�',("� 4'..H� ,�T� ±� �v" ' � �_ �`��a°e�r ..:,� "�;3�� i � �"a.?, .' � �`�` � 'L a� s �� . i �t "`, rc m kk�f"��--�t-r' «. �i{� '}�.� � xvt.�� 1 �'� ,�.�``� ` 4 . °�*, 'a#�„ ��;�'w"�^.�� A ��i"� ��`�'4�, '3 � �` �y . �,#.,..� ,�y �.1 � �` .re'�� } �s ^z a �r �� ''�,�t ',�;�..e�r }•�--„�, � �� D ��a �_^F T t�-� � ��"` r^'�� ` t,;j �, � .: , # � , �;� t � #. ' �`,�� ,�.��`" r { .� ` �;, �,. �g <�`� . �� f _ � `�`p�,� � ��' �;1�� '��' � 'X� `�€ `" 7° � � �- ��` t t`�Ys �� tr' .t�� r g..�� ^� � � 4 ��`,� �"wp ..L �`'k � �� y�s ��.:, �^ 4�� .t,. � �* i " .� + ,t� qt-�."�° "� q�k� �,� e > m 49,_ - �.- � i ; 't'°" Y �' t 9'� € r,,� �' `x y ��`' , �. t; s. � � � '+�s �� t� y� �i � . �fyr��'"± �,,,�.. �..�� ki t} r i.�.�'�7 ^�t�li�d�� : i�^,.:.. �` ��r.- � .� ��. �' °" ��'- � ' �� i.�^� °g�� i �'i�� .�..''� �� . � :.� s .,,;,.� a ^n " ':..t °""r ��i ��a .`��''��# �'�M.� `i-"�-�=+m,.—h Sz: � . r if' �` �t�k �''� � �( > . � 4 6_ � .....,'M �1y�!'�'� ��' � �� y - � � -�. � �� °� '�.: '� � �..I� . �.,.�,., �`�_. . . .�..�w n ,. a ._m. � Y � . .�,.t'"�"_w.<-. �� . �_. ..., a=...�<«x �, Application for a Ma�or A mendment to � � � Special Development District No. 39, Crossroads, to allow for an increase from 77 to 78 dwelling units � January 2009 Revised March 2, 2009 Submitted by ' � , ' Mat�rietto Pla»ning Group � Attachment A � � nd onsultant Director Owner a C y Owner/Applicant: Peter Knobel Solaris Property Owner, LLC 2211 North Frontage Road West Suite A Vail, CO 81657 Planning Mauriello Planning Group, LLC PO Box 1 127 Avon, CO 81620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY 1 1932 631-537-3555 �, Production Architect Davis Partnership 0225 Main Street, Unit C101 Edwards, CO 81632 970-926-8960 • ; I. Introduction � We are requesting a major amendment to Special Development District No. 39, Solaris, to allow for the addition of a dwelling unit, increasing the approval from 77 dwelling units to 78 dwelling units. The application includes the conversion of 1,999 sq. ft. of area previously indicated as retail space into a 1 ,999 sq. ft. residential condominium. This retail space has been identified as a location that is not in a desirable location for retail as it is located at the far end of the promenade level (second floor) with limited exposure to the promenade walk (see Promenade Level Floor Plan below). Leasing this space to any retailer has been difficult as a result, and retailers have identified this space as problematic for commercial uses. Additionally, the proposed amendment will allow Solaris to continue to be a viable project during this period of economic hardship by converting a burdened retail area to a revenue producing residential space. � \ �� r.�r��'�.�:;!-! • � � !'1 Y �� i J � ` �i i � ; . � � �� i � �_�i �� , � _ �_ �,=�, r .; !z�rAli �i� ��:.� �� , <`� � '-�i ' t o� � � � tr�. . ��`�� ,��'- +-i�+r;Y-��;� � Limited exposure i ReT�� i -� �'�', '` to the retail e� �,.;-i ,�,rt;� r,, �1 � � i. ' � - A � � � ,��r;,�,.;. promenade � '��I �7�.: t r-y� T ,-+ . � �� - .. � r� i� ri � �� t r � � �_i �J i� i �t�-t1' � .�_�i � � ; �.._ I�.� : i-j�.!.j ' L� 7�}�� r#.I.�q,t � ! New residential [ � � , ' condominium .. �`!��:i , ii,,` � NEWRE5IDENTIAL ; I � .;i��iiy 1,999 SQ.FT. ._. �_....__......;�,. 1-:-::c:-:-t..; I � i 3 ' � It is important to note that various amendments have been reviewed and approved as we have continually improved and refined the retail experience. Based on input from potential retailers, there has been a general shifting of retail spaces, creating some smaller retail opportunities to compliment the larger retail spaces. In the approved minor amendment approved in December of 2008, nearly 700 sq. ft. of commercial space was added to the plaza level. The proposal will have little impact on revenues and vitality to the Town given the recent minor amendment which added retail on the first floor. The proposed change 2 ,� Crossroads Redevelopment Mauriello Planning Gxoup,LLC � actually reduces impacts to employee housing and parking. The applicant is proposing to provide 22 employee beds as a pubiic benefit. In addition, the public benefit package for Solaris is extensive, and includes the following: • Outdoor ice Skating Rink for public skating in winter/water-recreation feature in the spring and summer months; • New public plaza of '/z-acre (24,000 sq. ft.) in the heart of Town for public gatherings and events that occupies approximately 20% of the property controlled by the Town via a General Improvement District with guaranteed p�blic access; • Public accessible restrooms at the pedestrian level; • Approximately 70,000 sq. ft. of new high quality retail and restaurant space at the pedestrian level and one floor above, including a 3-screen state of the art movie theater and 10-lane bowling alley with a sports cafe/arcade; • Relocated loading and delivery docks (Frontage Road access) with five bays available to adjacent properties; • New streetscape and pedestrian improvements on all sides of site including landscape medians in the South Frontage Road; • Buffering of I-70 highway noise from the pedestrian areas south of the project; • $l.l million in public art; • New heated sidewalks around the entire project; • New raised landscape median in South Frontage Road; � • Reconstructed Village Center Road as a heated paver roadway; • Reconstructed Willow Bridge Road and East Meadow Drive as a heated paver area; • Off-site employee housing to accommodate 22 employees; • Traffic impact fees to be paid to the Town to be used for Frontage Road improvements; • Parking structure that is open to the general pubiic for fee. In summary, this application is necessary and warranted to: • Allow the Solaris project to move forward in a �nancially sustainable way • Allow the project to maintain the high-end quality finishes and not reduce the quality to meet budgetary needs • Recognize the net change in retail is minor in the overall context of the project • Allow the project to maintain the high levels of public benefit despite the strains placed on it by the economy. • Recognize the ineffectiveness of the retail space as currently planned � 3 Cxossroads Redevelopment Mauriello Planning Gxoup,LLC II. Detailed Project Description � A. Residenfial and Commercial Floor Areas There is an increase in the approved gross residential floor area by 1,999 sq. ft. There is a corresponding reduction in retail by 1,999 sq. ft. The minor amendment approved in December of 2008, added 686 sq. ft. to the overall retail area, thus making the net change less significant. There are no changes to other uses on site. Below is a table indicating the current approval and the 2009 amendment proposal: Use Current Approvals Proposed 2009 Net Change Amendment Residentiai 198,859 s . ft. 200,858 s . ft. +1,999 s . ft. Retail 34,536 s . ft. 32,537 s . ft. -1,999 s . ft. B. Parking Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 304 parking spaces (above the previous 301) to allow more public to park on the site. Due to this proposal, there is a surplus of parking on the site availabie to the public and which can be used to meet any future requirements. These extra six spaces are considered part of the pubiic benefit of this proposal. Amendment Pro osed: � # of Units/Sq. Use Ft. Code Ratios Total Dwellin Units 78 1.4 109.2 Retail 32,537 0.0023 74.83 Theater seatin 3,059 0.066060606 18.539 Restaurant seatin 5,611 0.004 22.444 Bowlin 1,170 0.0023 2.691 Total 227.704 5% reduction 1 1.38 Net Re uired Parkin 216.324 217 Parkin Provided 304 spaces Parkin Club Parkin 81 s aces Excess Parkin 6 s aces C. Densify Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 77 units to 78 units. The site is 2.643 acres. The current approval allows for 29.13 units per acre. The proposed increase to 78 units results in a proposed density of 29.5 dwelling units per acre. 4 � Crossxoads Redevelopment Mauriello Planning Group,LLC � D. Employee Housing Plan The original approval of Solaris was prior to the adoption of the current employee housing regulations. As a result, all previous housing requirements have been based on "beds" rather than the new requirements of either "empioyees generated" or "employee housing area (sq. ft.)". However, due to the increase in residential floor area and the decrease in retail floor area, a revised employee housing plan is required to be submitted with this major amendment application, based on the current req�irements. The foilowing calculations based on Chapters 23 and 24 have been provided for reference: Commercial Linka e: Use Increase/Decrease Calculation Employees Generated Retail - 1,999 sq. ff. 2.4/1000 sq. ft * .20 miti ation rate -.96 Inclusiona Re uirement: Use Increase/Decrease Calculation Area (sq. ff.) Required Residential 1,999 s . ft. * .l 0 miti ation rate 199.9 s . ft. The conversion between the commercial linkage requirement and the inclusionary requirement generally equates to 350 sq. ft. per employee. � Therefore, the commercial linkage equates to a reduction of 336 sq. ft, of employee housing requirement. With the inclusionary requirement of 199.9 sq. ft., the total housing requirement equals a net reduction in the employee housing requirement of 136 sq. ff. (or reduction of .39 employees.) The minor amendment approved on December 24, 2008, increased the employee housing requirement by .33 of an employee, making the current employee housing requirement for 22.33 beds. The applicant proposed 1 additional bed to meet this requirement, while maintaining the .67 employee credit to accommodate any future changes. As a result of this reduction of .39 employees, the additional .33 requirement is no longer necessary, and the total requirement now dips below the 22 beds originally required. In 2007, an amendment was approved (Ordinance 21, Series 2007) to the Solaris project. There was an overall reduction of parking available to commerciai and parking club users. Parking dropped from 338 spaces to 298 spaces. The Town Council required an additional 10 empioyee beds (total of 22 beds) to mitigate for the loss of "public benefit" in the number of parking spaces. Since this application resuits in a surplus of six parking spaces above and beyond the parking requirements, the 10 beds imposed on the project should be reduced accordingly. The six surplus spaces represent a 15% change which would reduce the additional 10 bed requirement to 8.5 beds, or a total requirement of 20.5. However, the applicant is proposing to provide a total of 22 beds as a � public benefit to support this application. 5 Crossroads Redevelopment I�lauriello Planning Group,LLC III. Application Process � Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads �Solaris), to facilitate the redevelopment of Crossroads. Ordinance No. 10, Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units. Ordinance No. 21, Series of 2007, again amended the Special Development District No. 39 to allow for 2 additional dweiling units. The addition of a dwelling unit is a major amendment to SDD #39. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEWJ: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodafion unifs; modify, enlarge or expand any approved special development district �other than "minor amendments" as defined in this sectionJ, except as provided under section 12-15-4, "Infierior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 OrdinanceJ", of this title. Ordinance 5, Series of 2006, also included a condition of approval regarding uses at Solaris. The language of the condition states the following: "...No space noted as retail space on the Approved Development Plan shall be converfed to a residential dwelling unit..." � This application proposed to maintain this language yet allowing for this amendment to be approved. The following is a list of the submittal requirements for a major SDD 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 major amendment. Fee Submitted Stamped, addressed envelopes and a list of the properfy owners Submitted ad'acent to the sub'ect ro er Title Re ort Submitted Written a roval Submitted A written statement addressing the following: Submitted a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b.A statement outlining how and where the proposed development deviates from the development standards rescribed in the ro ert 's underl in zone district. A com lete zonin anal sis Submitted Stam ed To o ra hic Surve Refer to the ori inal submittal-no chan e Existin and Pro osed Site and Gradin Pians Refer to the ori inal submittal-no chan e A Vicini Plan Refer to the ori inal submittal-no chan e A Landsca e Plan Refer to the ori inal submittal-no chan e 6 � Crossroads Redevelopment Mauriello Planning Group,LLC �" A Roof Hei ht Plan Refer to the ori inal submittal-no chan e �r Existin and Pro osed Architectural Elevations Refer to the ori inal submittal-no chan e Existin and Pro osed Architectural Floor Plans Submitted S�n/shade anal sis Refer to the ori inal submittal-no chan e All lans must also be submitted in 8.5.x 1 1.reduced format. Submitted An Architectural or massin model Refer to the ori inal submittal-no chan e Photo overla s Refer to the ori inal submittal-no chan e Parkin needs assessment and vehicular circulation anal sis Submitted An Envir.onmental Im act Re ort Refer to the ori inal submittal-no chan e � � 7 Crossroads Redevelopment Mauriello Planning Group,LLC IV. Special Development District - Standards and Criteria � "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further fihe overali goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: 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. Our Analysis: There are no changes to the design of the proposed building as a result of this proposal. The proposed Solaris redevelopment plan was designed to be compatible � with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (1/2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. 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 � 8 Crossroads Redevelopment Mauriello Planning Group,LLC � been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. The materials are of the highest quality and include Teiluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed amendment does not change this vibrancy along East Meadow Drive. The proposed amendment converts a second � floor ara at the very end of the retail promenade. The area is secluded and will not operate well as a retail area due to the location and seclusion. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analvsis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. In fact, a surplus of 6 spaces are being provided above and beyond the requirement for all uses on the site. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analvsis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan � is not applicable to this site. 9 Crossroads Redevelopment �lauriello Planning Group,LLC E. Natural and/or Geologic Hazard: Identification and mitigation of natural � and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: 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. Our Analysis: There are no changes to the above-reference design features as a result of this proposal. The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect movntain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed .,,� plan includes a large open plaza (nearly 20% of the area of the entire site). This 1/2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analysis: The proposed amendment has no impact on this criterion. The Solaris project has been designed to address three major issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long-standing goal of the Town is to remove loading and delivery entering the Solaris site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for a mixed-use facility. The loading dock also includes a trash facility for the � 10 Crossxoads Redevelopment Mauriello Planning Gxoup,LLC � project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Viliage Center Road. Additionally, there is a porte cochere along the South Frontage Road for residential guests arriving at the site. The porte cochere will provide temporary pick- up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and, 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 all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for major roadway improvements due to the traffic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the � VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analvsis: There are no changes to the landscaping as a result of this proposal. The Solaris project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Solaris provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic quality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. � 11 Crossroads Redevelopment I�lauriello Planning Group,LLC I. Workable Plan: Phasing plan or subdivision plan that will maintain a ,,,�' workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: There are no changes to the phasing of this project as a result of the proposed major amendment. The project is proposed to be developed in one phase. . 12 � Crossroads Redevelopment Mauriello Planning Group,LLC � V. Adjacent Property Owners TOWN OF VAIL C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V CONDOMINIUM 75 S FRONTAGE RD ASSOCIATION VAIL, CO 81657 COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 HIBBERD, FRED,JR EDWARDS,CO 81632 400 NW RIDGE RD JACKSON, WY 83001 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION VAIL CORE CONDOMINIUM ASSOCIATION, INC. COLORADO REGISTRATION, INC VAIL TAX &ACCOUNTING, INC. PO BOX 666 P O BOX 5940 VAII, CO 81658 AVON,CO 81620 VILLAGE INN PLAZA CONDOMINIUM VILLAGE CENTER ASSOCIATION ASSOCIATION PO BOX 5968 COLORADO REGISTRATION, INC. VAIL, CO 81658 POST OFFICE BOX 666 VAIL, CO 81658 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR VAIL VILLAGE PLAZA CONDOMINIUM PHOENIX,AZ 85018 ASSOCIATION 143 E.MEADOW DRIVE NO.360 TAUSMAN CONDO ASSOC. C/O SLIFER MANAGEMENT CO W.THOMAS SAALFELD VAIL, CO 81657 62 E MEADOW DR VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM � ASSOCIATION SONNENALP PROPERTIES INC SALLY HANLON 20 VAIL RD 385 GORE CREEK DRIVE-NO. R-2 VAIL, CO 81657 VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM AUSTRIA HAUS CONDO ASSOC INC ASSOCIATION 242 E MEADOW DR. C/O ABPLANALP LAW OFFICE LLC, VAIL, CO 81657 POST OFFICE BOX 2800 VAIL, CO 81658, UNITED STATES ANN BISHOP VAIL VILLAGE INN PHASE III ASSOC VILLAGE INN PLAZA CONDOMINIUM PO BOX 820 ASSOCIATION VAIL, CO 81658 JOSEF STAUFER 100 E MEADOW DR #31 CDOT VAIL, CO 81657, UNITED STATES 4201 E.ARKANSAS AVENUE DENVER, CO 80222 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION MAURIELLO PLANNING GROUP, LLC 100 EAST MEADOW DRIVE STE 31 POST OFFICE BOX 1 127 VAIL, CO 81657 AVON, CO 81620 VILLAGE INN PLAZA CONQOMINIUM SOLARIS COLORADO REGISTRATION, INC. 221 1 NORTH FRONTAGE ROAD,SUITE A 880 HOMESTEAD DRIVE, NO.25 VAII, CO 81657 EDWARDS,CO 81632 �, 13 Cxossroads Redevelopment Mauriello Planning Group,LLC i - _ I J W � 7 0 0 W W � N � �J u r � i � �� W `� � I �;�� ii a I �'� g I 6 @ �, 0. � o m �� ; ,-�.� � a Q � � � � , _ o „ , 6� � ❑. 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J . .o �. r � I rz' � W . . �'�� I�I I �'�� ' .�i Z W o �� _'� �- � y J i _ � '° � W �---�,� a ` v; =t �I�14�a�� — _ : : ��4 _ . � -:�- -_-_ {rI �1 �� , � _7-I ._._. _...I . . � � Page 1 of 1 Warren Campbelt - PEC action on Solaris P:��. �a:�,�:.:. . . .. _ .. _ �� From: Gwen Scalpello Date: 03/13/2009 1:08 AM Subject: PEC action on Solaris Dear Council Members, Monday, March 9, the PEC approved a request by Solaris to convert 1999 square feet of retail space to residential, increasing the number of residential units to 78. I respectfully request that you call this decision up for review. The space in question is arguably the most visible second level retail space in the complex. It occupies the southwest corner of the building. It has windows and a deck that should be visible from east, south and west. A staircase appears to go directly to it from the plaza level. One would think it a prime location for a high-draw destination business. The applicant's representative stated that merchants they had surveyed said the space was not a good retail space. He further indicated that converting the space to residential use would help pay for the Solaris project. It seems premature to declare this space disadvantaged for retail and to leap to add a residential unit as the only solution. Granted, if second level retail in Solaris proves less � successful than the developer originally assured the Town it would be, another use for the space will have to be found. If so, the Town could see continued applications to convert second level retail space to residential units in a project that has already grown from the approved 69 units to 77. While this growth has come mostly through reconfiguration of units, some has come from converting service space to residential. Overall, it has taken the approved density well beyond the original 45% deviation from underlying zoning. If the Town were to maintain the balance of commercial and residential originally approved, an alternative could be to re-establish some professional offices in the village. The Town has lost a significant number of professional offices to redevelopment in the past several years. Professional space in the Bell Tower building was converted to residential; second level professional space in Crossroads was not replaced. Many more offices will be displaced for the construction of Ever Vail. Once established west of Dowd Junction these professionals may not come back. Gwen Scalpello • file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\49BA29... 03/15/2009 . _; � MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: March 9, 2009 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 77 units to 78 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1, and setting forth details in regard thereto. (PEC090003) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicants, Solaris Property Owner, 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 77 units to 78 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 Commurrity Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval,with conditions of the applicant's request for a major amendment to Special Development District(SDD)No. 39, Crossroads,to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is 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 77 units to 78 units. The key elements of the proposed major amendment to SDD�No. 39, Crossroads, include: � An increase in the number of dwelling units from 77 to 78. A proposed deviation from the allowable number of dwelling units (47) which is 31 dwelling units greater; • An increase in the proposed Gross Residential Floor Area (GRFA) from 198,859 square feet to 200,858 square feet. A proposed deviation from the allowable amount of GRFA (45,080 sq. ft.) which is 155,778 sq. ft. greater, and • A decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to � 32,537 square feet. 1 r A copy of the text detailing the application entitled Solaris: Application for a Major Amendment to Special Development District No, 39, Crossroads, to allow for an increase � from 77 to 78 dwellinq units dated revised March 2, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated February 27, 2009, (Attachment B) have been attached for reference. A draft of Ordinance No. 7, Series of 2009, containing the changes associated with the proposed major amendment proposal is attached for reference (Attachment C) Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units) and Gross Residential Floor Area (GRFA). III. BACKGROUND • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed)to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade; a theater;meeting rooms, and convention facilities; multiple-family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006,the Town Council on second reading of Ordinance No. 5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed)to approve the adoption of SDD No. 39, Crossroads. • On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007, � increasing the permitted number of dwelling units from 69 to 75 dwelling units. This ordinance also increased the number of employee beds to be provided from 12 to 22 beds. • On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007, increasing the number of permitted dwelling units from 75 to 77 dwelling units. � On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007, which established the managed parking plan for Solaris. • On November 24, 2008, and January 12, 2009, the Planning and Environmental Commission upheld separate staff approved Minor Amendments to the SDD increasing the commercial square footage of the project by approximately 700 square feet. IV. ROLES OF REVIEWING BOARDS Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. 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 � 2 ✓ conditions/deny the application based upon the findings made on the criteria located in � Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly,this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore,the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Tovun 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 implanent the Plan. � As noted on page 35 of the Master Plan, "It is important to nofe that the likelihood of project approval will be greatest for those proposa/s that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub-Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village af the 4-way sfop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core � area by reinforcing the established pedestrian linkages. Pedestrianization in fhis area 3 may benefit from the development of retail infil! with associated pedesfrian improvements along East Meadow Drive and the development of public access to � Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. ln addition, commercral and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out". #1-6 Crossroads /nfill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill 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 fo provide a strong building edge on Meadow Drive and streefscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potenfial to improve fire access a/so 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 Article E. Commercial Service Center (CSC) Districtjin part) 12-7E-1: Purpose: ,../ The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial funcfions of the Disfrict. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. VI. ZONING ANALYSIS According to the application information pro�ided 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 that are currently approved are shown in bold text in the table below. The parameters that would change in conjunction with this major amendment request are shown in bold italics. 1 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' � 4 East Side: 20' 0' to 25' � Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.5 units/acre 47.5 D.U.s 78 D.U.s GRFA: 46,051.6 sq. ft. 200,858 sq. ft. (40%) (174.4%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1%) Parking: 217 spaces 304 spaces (81 spaces approved to be in private ( parking club and 6 surplus public spcaes) `■• VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICTMAJOR AMENDMENTREVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use;to improve the design character and quality of the new developmenf within the Town; to facilitate the adequate and economical provision of streets and utilities;to preserve the natural and scenic features of open space areas; and to further the overall goa/s of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the � requirements for guiding development and uses of property included in the Special Development District." 5 The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to � demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity,character,visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and 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 77 to 78 and the GRFA by 1,999 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure. There are no changes to the approved heights and setbacks of the structure. Staff believes the proposed amendments comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable -•�° relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23,2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed how the GRFA being proposed within the project 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. The proposal to increase the number of dwelling units by one and GRFA by '�999 square feet modestly affects the density per acre on the site. As this proposal is to convert a single retail space to residential within the approved bulk and mass Staff does not believe there is a negative impact to the surrounding properties with regard to density on the Solaris project with this amendment. During the initial review of the Solaris project there was a great deal of discussion centered on the uses and location of those uses within the project. There was initial concern about the location of retail on the second floor of the project and its viability asmany places and studies have shown that it is difficult to draw pedestrians up to a second floor retail level. Through the review process the applicant provided evidence that the second floor retail could indeed be successful. Reasons given for the success were the are shape of the retail allowing for better visibility,the ability to control tenant mix and locate"anchors or big draws" on the second floor, the provision of a walkway on the second floor containing benches for pedestrians and areas for activity generation. The particular space proposed to be � 6 converted was highlighted as a location where an establishment on the second floor would � have an outdoor patio which could be a food and beverage business with patrons sitting on the deck creating excitement and vitality on the second floor. The conversion of this space eliminates the possibility of provided for heightened activity on the second floor thus potentially being a draw to pedestrians to explore the second floor. However,throughout the Design Review process and the Building Permit review process changes were made and approved which made the proposed space potentially less viable to serve in the suggested manor. Those changes were the design of the stairs to reach the second floor retail in the south west corner of the site and its impacts to the walkway located in front of this retail space on the second floor. In refining the stair design to make them as inviting to pedestrians to go up to the second floor the walkway in front of this commercial space was cut back leaving it with eight feet of frontage on the pedestrian walkway. The proposed design does not convert the entirety of the retail space to residential. In order to provide all retail frontages on the second floor walkway that portion of the space which had frontage on the walkway was added to the adjacent retail space. The proposed residential unit does not have any frontage on the second floor pedestrian walkway. Staff does have some concerns about the impact of this conversion from a retail space to a residential unit which may not generate as much"activit�'on the patio which will be visible from both directions on Meadow Drive. In further review of the application staff identified within the adopted SDD No. 39, Crossroads, text restricting the conversion of tenant spaces as shown on the "Approved Development Plan" prohibiting the conversion of retail spaces to residential units. These portions of text have been underlined on pages 2 and 5 in the draft Ordinance No. 7, Series of 2009, attached (Attachment C) to this memorandum. Through this major amendment f proposal the applicant is requesting approval of an amended"Approved Development Plan" ��„ which would convert one of the tenant spaces from retail to residential. If the proposed amendments are approved the text and condition found in the Ordinance do not need to change as the "Approved Development Plan"will no longer depict the converted space as retail. Employee Housinq Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal presented to the Planning and Environmental Commission on January 23, 2006, for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. That analysis showed a net new generation of employees by the Crossroads project to be six(6)employee beds. In the most recent approval of Ordinance No. 21, Series of 2007,the Town Council required a total of 22 employee beds be provided off-site in conjunction with the Solaris project. The conversion of the proposed space from retail to residential does not generate an increase in the employee housing generation. This is due to the recent minor amendments which were approved to increase retail square footage by approximately 700 square feet and the rounding up of the beds to be provided in conjunction with those applications. Furthermore there is a lesser employee generation requirement for residential than retail resulting in a decrease in the requirement. A more detailed explanation can be found on page 5 of the applicant's request, which staff has reviewed and concurs with the findings. � Staff believes that the proposal does comply with thiscriterion. 7 C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. ,� As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 217 spaces. The applicants are proposing to provide a total of 304 spaces, all of which are to be provided in the proposed underground parking structure. There are 87 additional parking spaces proposed to be constructed above and beyond that whichis required. Of these additional parking spaces there are 81 proposed to be in a private parking club and the remaining six (6) the applicant is proposing will serve as additional public benefit. 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. � Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) � s 5.0 Residential � 5.1 Additional residential growth should continue to occur primarily in existing, piatted 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 bythe 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. Vail Village Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. �,,, Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic haiards that affect the property on which the special development district isproposed. 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. � 9 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. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As the proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the landscaping and open spaces included in the Crossroads redevelopment. Furthermore the Design review Board provided their input on the refinement of these spaces. As this proposed major amendment does not affect these elements staff believes the proposal continues to 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 theCrossroads 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, to allow for an increase in the number of dwelling units from 77 units to 78 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D,Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposa! to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the tesfimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development � goals and objectives of the Town. 10 � That the proposed gross residential floor area of 174.4%of lot area, additional thirty- one dwelling units over allowab/e (at 29.5 units per acre total) rn the Commercial Service Center zone district is in conformance with applicable elements of theVail Comprehensrve Master Plan. That the development is in compliance with the purposes of the Commercial Service Centerzone district, that the proposal is consrstent with applicable elements of the Vail Village Master Plan, the�Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the characterof the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicant's request, staff recommends that the draft Ordinance No. 7, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. Application for a Malor Amendment to Special Development District No, 39, Crossroads,to allow for an increasefrom 77 to 78 dwellinq units Dated revised March 2, 2009 B. Reduce plans of the proposal dated February 27, 2009 C. Draft of Ordinance No. 7, Series of 2009 � � 11 � �";,a z,.�.r �gd � � ° � �.hiF'± � �q z� ��a�,'�s <v � m ,�,.. �s^s -1 �k�: #�'" °� k � � �'"""'S-�'��i?`��i;� �.rr `'�"�.y_�^°�s�' �.� 3� °'�, �qc , .� ', , a�:.�^rx . � � �'`..�; ' a t : 3��y � y�'"��..--- 4 � R.7'E��` s �"�_ � „i ,�.i � .�Ses' �; _ '�. � '� � �` .s. (t�` ° � � "'�` � x �,�� L � .s{t ,' f rs'" #� t C ��,�� ' � P:« . „e �.�� s' 1 � w # - �x.,,9 .ts-'�'T �� ✓° ° ^� + ._3 '� .��t�� ,e�"�`�+�. 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A lication for a Ma'or Amendment to -� pp J Special Development District No. 39, Crossroads, to allow for an increase from 77 to 78 dwelling units January 2009 Revised March 2, 2009 Submitted by , � , ' Mauriei€o Plannireg t'sroup �� Attachment A � ; , `i � � Owner and Consultant Directory Owner/Applicant: Peter Knobel Solaris Property Owner, LLC 221 1 North Frontage Road West Suite A Vail, CO 81657 �,; Planning ',R Mauriello Planning Group, LLC '�! ; PO Box 1 127 Avon, CO 81620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY 11932 631-537-3555 � Production Architect Davis Partnership 0225 Main Street, Unit C101 Edwards, CO 81632 970-926-8960 �: �'i 'i 'i �i . f �z I. Introduction We are requesting a major amendment to Special Development District No. 39, Solaris, to allow for the addition of a dwelling unit, increasing the approval from 77 dwelling units to 78 dwelling units. The application includes the conversion of 1,999 sq. ft. of area previously indicated as retail space into a 1,999 sq. ft. residential condominium. This retail space has been identified as a location that is not in a desirable location for retail as it is located at the far end of the promenade level (second floor) with limited � exposure to the promenade walk (see Promenade Level Floor Plan below). Leasing this space to any retailer has been difficult as a result, and retailers have identified this space as problematic for commercial uses. Additionally, the proposed amendment will allow Solaris to continue to be a viable project during this period of economic hardship by converting a burdened retail area to a revenue producing residential space. � r � r� ,'!-i ,� , �+ � 'i t r -' , ,� !1 � -: . � //��'' � — � .. � �f, t��..�rirt�. . _..... RE7Al1 � .li.�" � '` � �� ..� .. n iy_Y.� -: z, i I-t ' � �. �� A� _,j ri_� - �,,\ , �;�+-j�;*,�-� Limited exposure +'-_:r to the retail � � �RETAII. � .� 4Y, a,r �-t t L!.� _r" � e'; g �� y , � � � �� ' ��}:T r��t� .� promenade � zt = �, _ *�(,T �, ; , �� . �, � . � ��..fr�� . L ��,1--r , �-r�' � i i r +}� r,L Il�•.:: T ;1 ��`yt �-�4 � 7 'r��+�� < ~ �-�-i��Cp �� < ° i,«�3::` � . -J ' � i �� New residential - - condominium ; � �;'��`' , , ; ;, i;��!�i ` NEW RESIDENTIAL „: LI � � � ' .. . 1�999 SQ.FT. ... 'r=--�,�'��ti�;yt . . �.:::T:�::�.�:::::''..� j 7 if j � It is important to note that various amendments have been reviewed and approved as we have continually improved and refined the retail experience. Based on input from potential retailers, there has been a general shifting of retail spaces, creating some smaller retail opportunities to compliment the larger retail spaces. In the approved minor amendment approved in December of 2008, nearly 700 sq. ft. of commercial space was added to the plaza level. The proposal will have little impact on revenues and vitality to the Town given the recent minor amendment which added retail on the first floor. The proposed change 2 � Crossroads Redevelopment Mauriello Planning Group,LLC � actually reduces impacts to employee housing and parking. The applicant is proposing to provide 22 employee beds as a public benefit. In addition, the public benefit package for Solaris is extensive, and includes the following: • Outdoor Ice Skating Rink for public skating in winter/water-recreation feature in the spring and summer months; • New public plaza of Y2-acre (24,000 sq. ft.) in the heart of Town for public gatherings and events that occupies approximately 20% of the property controlled by the Town via a General Improvement District with guaranteed public access; • Pubiic accessible restrooms at the pedestrian level; • Approximately 70,000 sq. ft. of new high quality retail and restaurant space at the pedestrian level and one floor above, including a 3-screen state of the art movie theater and 10-lane bowling ailey with a sports cafe/arcade; • Relocated loading and delivery docks (Frontage Road access) with five bays available to adjacent properties; � New streetscape and pedestrian improvements on all sides of site including landscape medians in the South Frontage Road; • Buffering of I-70 highway noise from the pedestrian areas south of the project; • $l .l million in public art; • New heated sidewalks around the entire project; • New raised landscape median in South Frontage Road; � Reconstructed Village Center Road as a heated paver roadway; � • Reconstructed Willow Bridge Road and East Meadow Drive as a heated paver area; • Off-site employee housing to accommodate 22 employees; • Traffic impact fees to be paid to the Town to be used for Frontage Road improvements; • Parking structure that is open to the general public for fee. In summary, this application is necessary and warranted to: • Allow the Solaris project to move forward in a financially sustainable way • Allow the project to maintain the high-end quality finishes and not reduce the quality to meet budgetary needs • Recognize the net change in retail is minor in the overall context of the project • Allow the project to maintain the high levels of public bene�t despite the strains placed on it by the economy. • Recognize the ineffectiveness of the retail space as currently planned �, 3 Crossroads Redevelopment Mauriello Planning Group,LLC II. Detailed Project Description � A. Residential and Commerciai Floor Areas There is an increase in the approved gross residential floor area by 1,999 sq. ft. There is a corresponding reduction in retail by 1,999 sq. ft. The minor amendment approved in December of 2008, added 686 sq. ft. to the overali retail area, thus making the net change less significant. There are no changes to other uses on site. Below is a table indicating the current approval and the 2009 amendment proposal: Use Current Approvals Proposed 2009 Net Change Amendment Residential 198,859 s . ft. 200,858 s . ft. +1,999 s . ft. Retail 34,536 sq. ft. 32,537 sq, ft. -1,999 s . ft. B. Parking Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 304 parking spaces (above the previous 301) to allow more public to park on the site. Due to this proposal, there is a surplus of parking on the site availabie to the public and which can be used to meet any future requirements. These extra six spaces are considered part of the public benefit of this proposal. Amendment Pro osed: .,,,,� # of Units/Sq. Use Ft. Code Ratios Total Dwellin Units 78 1.4 109.2 Retail 32,537 0.0023 74.83 Theater seatin 3,059 0.006060606 18.539 Restaurant seatin 5,61 1 0.004 22.444 Bowlin 1,170 0.0023 2.691 Total 227.704 5% reduction 1 1.38 Net Re uired Parkin 216.324 217 Parkin Provided 304 spaces Parkin Club Parkin 81 s aces Excess Parkin 6 s aces C. Density Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 77 units to 78 units. The site is 2.643 acres. The current approval allows for 29.13 units per acre. The proposed increase to 78 units results in a proposed density of 29.5 dwelling units per acre. 4 � Crossroads Redevelopment Mauriello Planning Group,LLC �,, D. Employee Housing Plan The original approval of Solaris was prior to the adoption of the current employee housing regulations. As a result, all previous housing requirements have been based on "beds" rather than the new requirements of either "employees generated" or "employee housing area �sq. ft.)". However, due to the increase in residential floor area and the decrease in retail floor area, a revised employee housing plan is required to be submitted with this major amendment application, based on the current requirements. The following calculations based on Chapters 23 and 24 have been provided for reference: Commercial Linka e: Use Increase/Decrease Calculation Employees Generated Retail - 1,999 sq. ff. 2.4/1000 sq. ft * .20 miti ation rate -.96 Inclusiona Re uirement: Use increase/Decrease Calculation Area (sq. ff.) Required Residential 1,999 s . ff. * .10 miti ation rate 199.9 s . ft. The conversion between the commercial linkage requirement and the inclusionary requirement generally equates to 350 sq. ft. per employee. Therefore, the commercial linkage equates to a reduction of 336 sq. ft. of � employee housing requirement. With the inclusionary requirement of 199.9 sq. ft., the total housing requirement equals a net reduction in the employee housing requirement of 136 sq. ff. (or reduction of .39 employees.) The minor amendment approved on December 24, 2008, increased the employee housing requirement by .33 of an employee, making the current employee housing requirement for 22.33 beds. The applicant proposed 1 additional bed to meet this requirement, while maintaining the .67 employee credit to accommodate any future changes. As a result of this reduction of .39 employees, the additional .33 requirement is no longer necessary, and the total requirement now dips below the 22 beds originally required. In 2007, an amendment was approved (Ordinance 21, Series 2007) to the Solaris project. There was an overall reduction of parking available to commercial and parking club users. Parking dropped from 338 spaces to 298 spaces. The Town Council required an additional 10 employee beds (total of 22 beds) to mitigate for the loss of "public benefit" in the number of parking spaces. Since this application results in a surplus of six parking spaces above and beyond the parking requirements, the 10 beds imposed on the project should be reduced accordingly. The six surplus spaces represent a 15% change which would reduce the additional 10 bed requirement to 8.5 beds, or a total requirement of 20.5. However, the applicant is proposing to provide a total of 22 beds as a public benefit to support this application. � 5 Crossroads Redevelopment Mauriello Planning Group,LLC III. Application Process � Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads (Solaris), to facilitate the redevelopment of Crossroads. Ordinance No. 10, Series of 2007, approved an increase from 69 dwelling units to 75 dwelling units. Ordinance No. 21 , Series of 2007, again amended the Special Development District No. 39 to allow for 2 additional dwelling units. The addition of a dwelling unit is a major amendment to SDD #39. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEWJ: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this sectionJ, except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area (250 OrdinanceJ", of this title. Ordinance 5, Series of 2006, also included a condition of approval regarding uses at Solaris. The language of the condition states the following: "...No space noted as retail space on the Approved Development Pian shall be converfed to a residential dwelling unit..." This application proposed to maintain this language yet allowing for this amendment � to be approved. The following is a list of the submittal requirements for a major SDD 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 major amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners Submitted ad'acent to the sub'ect ro er Title Re ort Submitted Written a roval Submitted A written statement addressing the following: Submitted a. Describe the nature of the project to include information on proposed uses, densities,nature of the development proposed, contemplated ownership patterns and phasing plans. b.A statement outlining how and where the proposed development deviates from the development standards rescribed in the ro ert 's underl in zone district. A com lete zonin anal sis Submitted Stam ed To o ra hic Surve Refer to the ori inal submittal-no chan e Existin and Pro osed Site and Gradin Plans Refer to the ori inal submitta�-no chan e A Vicini Plan Refer to the ori inal submittal-no chan e A Landsca e Plan Refer to the ori inal submittal-no chan e 6 � Cxossroads Redevelopment Mauriello Planning Group,LLC � A Roof Hei ht Plan Refer to the ori inal submittal-no chan e Existin and Pro osed Architectural Elevations Refer to the ori inal submittal-no chan e Existin and Pro osed Architectural Floor Plans Submitted Sun/shade anal sis Refer to the ori inal submittal-no chan e All lans must also be submitted in 8.5.x 11.reduced format. Submitted An Architectural or massin model Refer to the ori inal submittal-no chan e Photo overla s Refer to the ori inal submittal-no chan e Parkin needs assessment and vehicular circulation anal sis Submitted An Environmental Im act Re ort Refer to the ori inal submittal-no chan e • � 7 Crossroads Redevelopment Mauriello Planning Group,LLC IV. Special Development District - Standards and Criteria � "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development wifih the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: 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. Our Analvsis: There are no changes to the design of the proposed building as a result of this proposal. The proposed Solaris redevelopment plan was designed to be compatible �„� with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (1/2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. 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 8 � Crossroads Redevelopment Mauriello Planning Group,LLC � been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. The materials are of the highest quality and include Telluride Goid stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. B. Relationship: Uses, activity and density which provide a compatible, e�cient and workable relationship with surrounding uses and activity. Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed amendment does not change this vibrancy along East Meadow Drive. The proposed amendment converts a second floor ara at the very end of the retail promenade. The area is secluded �, and will not operate well as a retail area due to the location and seclusion. • C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. In fact, a surplus of 6 spaces are being provided above and beyond the requirement for all uses on the site. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. � 9 Crossroads Redevelopment Mauriello Planning Group,LLC E. Natural and/or Geologic Hazard: Identification and mitigation of natural .,,� and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: 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. Our Analysis: There are no changes to the above-reference design features as a result of this proposaL The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed ,,,� plan inctudes a large open plaza (nearly 20� of the area of the entire site). This 1/2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analysis: The proposed amendment has no impact on this criterion. The Solaris project has been designed to address three major issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long-standing goal of the Town is to remove loading and delivery entering the Solaris site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for a mixed-use facility. The loading dock also includes a trash facility for the 10 � Crossroads Redevelopment 1�4auriello Planning Group,LLC � project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a porte cochere along the South Frontage Road for residential guests arriving at the site. The porte cochere will provide temporary pick- up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and, 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 all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for major roadway improvements due to the traffic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the � VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analvsis: There are no changes to the landscaping as a result of this proposal. The Solaris project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Solaris provides significant landscape mqterials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic quality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. �, 11 Crosszoads Redevelopment ' Mauriello Planning Group,LLC I. Workable Pian: Phasing plan or subdivision plan that will maintain a ,� workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: There are no changes to the phasing of this project as a result of the proposed major amendment. The project is proposed to be developed in one phase. • 12 � Crossroads Redevelopment Mauriello Planning Group,LLC � V. Adjacent Property Owners TOWN OF VAIL C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V CONDOMINIUM 75 S FRONTAGE RD ASSOCIATION VAIL, CO 81657 COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 HIBBERD, FRED,JR EDWARDS,CO 81632 400 NW RIDGE RD JACKSON,WY 83001 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION VAIL CORE CONDOMINIUM ASSOCIATION, INC. COLORADO REGISTRATION, INC VAIL TAX 8.ACCOUNTING, INC. PO BOX 666 P O BOX 5940 VAIL, CO 81658 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM . VILLAGE CENTER ASSOCIATION ASSOCIATION PO BOX 5968 COLORADO REGISTRATION, INC. VAIL, CO 81658 POST OFFICE BOX 666 VAIL, CO 81658 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR VAIL VILLAGE PLAZA CONDOMINIUM PHOENIX,AZ 85018 ASSOCIATION 143 E.MEADOW DRIVE NO.360 TALISMAN CONDO ASSOC. C/O SLIFER MANAGEMENT CO W.THOMAS SAALFELD VAIL, CO 81657 62 E MEADOW DR VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION � SONNENALP PROPERTIES INC SALLY HANLON 20 VAIL RD 385 GORE CREEK DRIVE-NO. R-2 VAIL, CO 81657 VAIL, CO 81657 VAIL VILLAGE PLAZA CONDOMINIUM AUSTRIA HAUS CONDO ASSOC INC ASSOCIATION 242 E MEADOW DR. C/O ABPLANALP LAW OFFICE LLC, VAIL, CO 81657 POST OFFICE BOX 2800 VAIL, CO 81658, UNITED STATES ANN BISHOP VAIL VILLAGE INN PHASE III ASSOC VILLAGE INN PLAZA CONDOMINIUM PO BOX 820 ASSOCIATION VAIL, CO 81658 JOSEF STAUFER 100 E MEADOW DR#31 CDOT VAIL, CO 81657, UNITED STATES 4201 E.ARKANSAS AVENUE DENVER, CO 80222 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION MAURIELLO PLANNING GROUP, LLC 100 EAST MEADOW DRIVE STE 31 POST OFFICE BOX 1 127 VAIL, CO 81657 AVON, CO 81620 VILLAGE INN PLAZA CONDOMINIUM SOLARIS COLORADO REGISTRATION, INC. 2211 NORTH FRONTAGE ROAD,SUITE A 880 HOMESTEAD DRIVE, NO.25 VAII, CO 81657 EDWARDS,CO 81632 � 13 Crossroads Redevelopment Mauriello Planning Group,LLC J ' W 0 � W W ° ° 'i I �� J " � � W �� > � ', ��$� �� I � s 10 � a W � � ' � ,- a � � m ' �� , e Q Q N � _ � B � 6B � � ° '�� § S�� f� � S� �� \ �g i9 • � f� E� � � � , �, 6� � '� .. � �\ 58 � 6B� B � � �.._ , i� � B B �`�� .•\ 6� � �� 9 � � B 8 B � � a� 6B ��: � 8 @ � �� \ 9� � . � e � B _�_,.' �`��_ � 8 B ' + � • 37 �� , e � � � � .� I" • B f� � � �� e � m: � � 6� a �a � a s� e � � — � � S9 �� 8 ,. � � f� � _ � � ; � S g i � �� @� � E �-� �.�i� ! � i� � � 6 ' �� @ ��`',.,8 � S� � �- 8 � � 8 8 S� � �� 0' � � �� @ @ S� 8 � �� ' � �;�\ � � B 6B � � B� ""�� S� � 2� � �l � �� ' � � � �� --- � � s� � s0 @ @ g' � � ! ig ' � sa �� 'i � s� � �� 0 90 � e � a g §o o e ��:., � � � �� 8 8 @ � � 5� � � � B � �.., @ � i� �8 � � ��:� '�, Sp B � � � �� E� .� ��,, . �� - B p @ a 6� " \ 9�� : °o bB s� p �--� � 6B �' �� „_ g � � � s9 �� . �r �� '� 3� 9�_ � s 8 �o-�-- °-�:i' � 8 �� ! 6� ; . 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W I� , � i J - ,'i W p ; s�o� { o d° - i I � ZW I � II � ,�. `�� °�`° �p� ` a W � I �� - ' � O � J ¢ � 1 aa �t � ,; � '��I �� , .- ''��I��, � �I�I;i'''f�'��I!.1111 ;�1� �i�iE��,��{��I�111�1i�� - �;i�� ,�: rit� ;�� , �� I1 , i o � ,� m e � � � �. I' I II � �� J � � �� o � n' � t9 > �� f Z W �p � f.r �~ � J � _ � _ o � I �— � I � ` W '! �I, � I ' I 's �� s� - �� d ✓: ! �t �i _ i - �1 . „ -.'�, . � �� . .�� 1�11�1i11� �i � �� .�� r►��1��: �� 1 � � � _ �i � C ' � � . �t � � _ � � i . . ORDINANCE N0.7 � Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39,CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL,AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Titie, Chapter 9,Article A, Special Development(SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on March 9, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request with the design criteria prescribed in the Title 12, Zoning Regulations,Vail Town Code, and furthers the development objectives of the Town of Vail; and � WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of , by a vote of of this request for a major amendment to increase the maximum number of dwelling units from 77 to 78 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient,workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 7, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006,which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D,Vail Village Filing 1,which comprise a total of 115,129 square feet(2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No.7,Series 2009 � � Attachment C District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center(CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved � Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated , and stamped approved Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 3B, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the � uses upon the plaza level tenant spaces to"retail/restauranY'uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwellinq unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No.7, Series 2009 2 � i � E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- � eight (78) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan,described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half(1/2)of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval � The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. �, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events,which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); Ordinance No.7,Series 2009 3 � 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 �risually screened from pubiic 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 return 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 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 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 shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Ordinance No. 7, Series 2009 4 � i . 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 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 ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the projed. 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 developmentdistrict following the procedures outlined in Section 12-9A-4, Vail Town Code. 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 contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall � intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 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 dwellinq 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. Section 5. If any part,section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No.7, Series 2009 rJ � 1 Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon .� the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws,orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of March, 2009, and a public hearing for second reading of this Ordinance set for the 7'h day of April, 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: � Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 7th day of April, 2009. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No.7, Series 2009 6 � � J � � - � W - � q o W � N uSp � � �� 6� O �� W '� � : �� . .��1 � 0 F .. 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