Loading...
HomeMy WebLinkAboutPEC090026 Planning �r�� Environr�er�t�� �omm���an �►�TI£1�1 F#�1�1� � � � Departm�nt of Commur�ity D�v�lc�pme�t ���t� Vl ��� � 75 South Frontage Raad, Vail, Colorada 8155� tel: 97t�,479.2139� fax: 97{�.479.245� c�.�r�rc��.v����� web: www.wailgov.cntn Project Name: Solaris Maj. Amend. PEC Number: PEC090026 Project Description: MAJOR AMENDMENT TO SDD #39 TO ALLOW FOR ADDITIONAL DWELLING UNIT(SOLARIS). INCREASED THE NUMBER OF DUS FROM 78 TO 79. Participants: OWNER SOLARIS PROPERTY OWNER LLC 08/10/2009 2211 N FRONTATGE RD STE A VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL 08/10/2009 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: 5D Subdivision: Vail Village Filing 1 � Parcel Number: 2101-082-0100-7 2101-082-0200-1 � Comments: See conditions �' �, � � BOARD/STAFF ACTION � Motion By: Kjesbo Action: APPROVED � Second By: Viele Vote: 7-0-0 Date of Approval: 09/14/2009 � 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: CON0011011 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: CON0011012 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: CON0011013 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: CON0011014 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: CON0011015 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: CON0011016 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: CON0011017 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: CON0011018 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: CON0011019 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: CON0011020 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: CON0011021 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: CON0011022 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 properly 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: CON0011023 � 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 � � � m � � � � �! � � �' � � $ � � �: ,, � k; � a`, F t; � � � � � � C, �'! � � � ***********************************************+******************************************** TOWN OF VAIL, COLORADOCopy Reprinted on 06-21-2013 at 16:33:12 06/21/2013 Statement *******�*******+**********+***********+******************************************+********** Statement Number: R090001004 Amount: $1, 250.00 08/10/200903:33 PM Payment Method: Check Init: JLE Notation: 3642 SOLARIS PROPERTY OWNER ----------------------------------------------------------------------------- Permit No: PEC090026 Type: PEC -Maj SDD No Ext Chg Parcel No: 2101-082-0100-7 2101-082-0200-1 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 **********************************************+********************************************* ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 1,250.00 ----------------------------------------------------------------------------- F . r � , ;�,. ' • ; pl" �"' � �O'��o n : ���r'y ��` . �� � �►d. � a , b�y MEMORANDUM V4� � � '�"O �' TO: Town Council FROM: Community Development Department DATE: October 20, 2009 SUBJECT: Second reading of Ordinance No. 20, 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 second reading of Ordinance No. 20, 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 78 to 79 units. The additional unit is proposed to be created from an existing common area space (meeting room for staf� and measures 926 square feet. There is � no reduction in commercial floor area or an increase in Gross Residential Floor Area associated with this application. Staff has attached a copy of the draft Ordinance No. 20, Series of 2009, (Attachment A) which has had no amendments since first reading. II. BACKGROUND On September 14, 2009, the Planning and Environmental Commission unanimously forwarded a recommendation of approval on the adoption of Ordinance No. 20, Series of 2009, which proposes to increase the number of dwelling units from 78 to 79 units. On October 6, 2009, the Town Council unanimously approved Ordinance No.20, Series of 2009, on first reading with no changes. III. ACTION REQUESTED OF COUNCIL The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordina�ce No. 2Q, Series of 2009. LY. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission �-ecommends the Town Council approves, on second reading, Ordinance No. 20, 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 E 1 � � � � r � t L .' '!: J units from 78 to 79 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. 20, 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 78 to 79 units, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 20, 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 goa/s and objectives of the Town. That the proposed gross residential floor area of 174.4% of lot area, additional thirty-two dwelling units over allowable (at 29.9 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 Masfer 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. 20, Series of 2009 � 2 I '1 � �' y + � ORDINANCE NO.20 � Series of 2009 Q � 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, Solaris Property Owner 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 developmen� and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 14, 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 fonNarded � a recommendation of approval, by a vote of 7-0-0 of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 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. 20, 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 iand, legally deseribed as Lot P and A Part of Tract C, Block 5D,Vail Village Filing 1,which comprise a total of 115,129 square feet(2.643 acres)in the Vail Village area of the ' Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development � District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The Ordinance No.20,Series 2009 � � � � � � t` � � � �I . , 4 ' r 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 August 10, 2009, and stamped approved October 20, 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/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 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.20,Series 2009 2 � � 1 . . 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- �r nine (79) dwelling 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 Dis#rict 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); 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 � � � Ordinance No.20,Series 2009 3 � � � � � � � �: 1 1 L + . 1 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, 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 certificate of occupancy or certificate of occupancy. Ordinance No.20,Series 2009 4 � � 1 1 . � 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 shatl be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but �r 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 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 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 or phrases be declared invalid. � Ordinance No.20,Series 2009 cJ � � � �' � � � �' � � 1 w . i 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 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 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 20th day of October, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No.20,Series 2009 6 � , ' �; � - . a �� 1 . � D�/� • f •�� � • �Cw��.� ��'�� • ��. � ..�--'' � �1�. 0 Q� � , ,, �o f�: �_�_� � ��v� . U� : �-o�-� VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: First Reading of Ordinance No. 20, 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. PRESENTER(S): Warren Campbell/Dominic Mauriello ACTION RE UESTED OF COUNCIL: The Vail Town Council shall a rove a rove with � Q PP , PP modifications, or deny the first reading of of Ordinance No. 20, Series of 2009. BACKGROUND: On September 14, 2009, the Planning and Environmental Commission unanimously recommended approval of a major amendment to SDD No. 39, Crossroads, to increase the number of dwelling units from 78 to 79 dwelling units. This increase in the number of dwelling units was accomplished by converting an existing common space within the structure. There was no increase in GRFA or reduction in commercial floor area associated with this change. The memorandum to the Planning and Environmental Commission dated September 14, �; 2009, is attached for reference. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, Ordinance No. 20, Series of 2009, on first reading, ATTACHMENTS: Town Council Memo Draft Ordinance No. 20, Series of 2009 PEC Memoroandum September 14, 2009 Floor Plans Attachment to PEC Memarandum � � � � ���. � �' � � � � � ' . � MEMORANDUM � TO: Town Councii FROM: Community Development Department DATE: October 6, 2009 SUBJECT: First reading of Ordinance No. 20, 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. 20, 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 78 to 79 units. The additional unit is proposed to be created from an existing common area space (meeting room for staf� and measures 926 square feet. There is no reduction in commercial floor area or an increase in Gross Residential Floor Area � associated with this application. Staff has attached a copy of the draft Ordinance No. 20, Series of 2009, (Attachment A) and the staff memorandum to the Planning and Environmental Commission dated September 14, 2009 (Attachment B). II. BACKGROUND On June 2, 2009, The Town Council approved Ordinance No. 7, Series of 2009, on second reading by a vote of 4-3-0 (Cleveland, Foley, Daly opposed), which increased the number of dwelling units from 77 to 78 units through the conversion of a commercial space. On September 14, 2009, the Planning and Environmental Commission unanimously forwarded a recommendation of approval on the adoption of Ordinance No. 20, Series of 2009, which proposes to increase the number of dwelling units from 78 to 79 units. III. ACTION REQUESTED OF COUNCIL The Vail Town Council shall approue, approve with modifications, or deny the first reading of Ordinance No. 20, Series of 2009. � 1 11 -1 -1\n � � t . . � IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council approves, on first reading, Ordinance No. 20, 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 78 to 79 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. 20, 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 78 to 79 units, and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 20, 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 sfandards 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. That the proposed gross residential floor area of 174.4% of lot area, addifional thirty-fwo dwelling units over allowable (at 29.9 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. 20, Series of 2009 B. Memorandum to the Planning and Environmental Commission dated September 14, 2009 � � �. � � � � 2 � � 11 -1 -2\n � � �` � . , , , t ORDINANCE NO. 20 � 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, Solaris Property Owner 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 of Vail held a public hearing on September 14, 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,by a vote of 7-0-0 of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 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. 20, 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 District No.39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The Ordinance No.20,Series 2009 � � 11 -2-1\n . � . � r . . 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 August 10,2009,and stamped approved October 20, 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"retaiUrestauranf'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 finro 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.20,Series 2009 2 � 11 -2-2\n � � �` . , , � 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- nine (79) dwelling 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 permiUexcavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list,typical wall section, architectural specifications,and a complete color rendering for review and approval Ordinance No.20,Series 2009 3 � 11 -2-3\n , '� ti , � 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 Transpo�tation(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.20,5eries 2009 4 � � 11 -2-4\n 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 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 or phrases be declared invalid. Ordinance No.20,Series 2009 cJ � 11 -2-5\n , '. � . � 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 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 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.20,Series 2009 6 � � � � �. 11 -2-6\n � � �` i, � , . � MEMORANDUM � TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 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 additional dwelling unit; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant,Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, 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 78 units to 79 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 Communiry 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 78 units to 79 units. The key element of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 78 to 79, resulting in no increase in Gross Residential Floor Area (GRFA). A proposed deviation from the allowable number of dwelling units (47)which is 32 dwelling units greater. The proposed new unit will replace the "support area" for staff depicted on the Approved Level 3 floor plan behind the front desk service area. Support areas for staff have been relocated to other areas of the Approved Promenade Level and the Proposed Level 3,which are shown in blue. The proposed new unit measures 926 square feet and will be a one bedroom with one full bathroom. 1 � 11 -3-1\n � : � . � � The conversion of this space from common area to a dwelling unit does not result in an increase in the GRFA on the site due to the loss of GRFA throughout the building as structural and mechanical systems were fully designed to meet all Code requirements. These areas where GRFA was lost are shown in red on each of the floor plans. There was a total of 1,076 square feet of GRFA lost throughout the structure as wall widths increased, mechanical chases were designed, and other Code compliance was achieved. Therefore the conversion of the"support area"does not result in additional GRFA as approved within the SDD. A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No.39.Solaris,to allow for an increase from 78 to 79 dwellinQ units dated August 10, 2009, (Attachment A)and a reduced copy of the floor plans and elevations dated August 10, 2009, (Attachment B) have been attached for reference. A copy of draft Ordinance No. 20, Series of 2009, containing recommended conditions 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 deviation from the prescribed development standards for density(number of units). 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. • On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council by a vote of 6-1-0 (Pierce opposed)to • Inerease in the numtrer of dwelling units from 77 to 78. A proposed deviation from the allowable number of dwelling units (47) which is 31 �; dwelling units greater; � 2 11 -3-2\n � � � � � . , . , • 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 • Decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. • On June 2, 2009, the Town Council approved the second reading of Ordinance No.7, Series of 2009, adopting the changes recommended by the Planning and Environmental Commission by a vote of 4-3-0 (Cleveland, Foley, Daly opposed) 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 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. 3 � 11 -3-3\n l ,1 ! ♦ � � As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staffs assessment of Criterion D. Specific Sub-Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core �'`° area by reinforcing the established pedestrian linkages. Pedestrianization in this area �r� may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and 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 ouY'. #1-6 Crossroads Infill Commercia! 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. Relocafion of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. �. �' � � � 4 �: 11 -3-4\n � � , . , Town of Vail Zoninq Regulations � Article E. Commercial Service Center(CSC) District (in part) 12-7E-9: 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 dwellinq and lodqe uses as may be appropriate without interferinq 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 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' East Side: 20' 0'to 25' Front (Meadow Drive): 20' 0'to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.9 unifs/acre 47.5 D.U.s 79 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%) � 5 11 -3-5\n . ', � , , � Parking: 218 spaces 304 spaces (81 spaces approved to be in private parking club and 5 surplus public spaces) VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use;to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities;to preserve the natural and scenic features of open space areas;and to further the overall goals of the community as stated in the Vail � Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district shall establish the requirements for guiding development and uses of property included in the Special Developmenf District." 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 complywith 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 78 to 79 and includes no change to the approved GRFA. These � 6 � 11 -3-6\n � � � � 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. �n 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 is to increase the number of dwelling units by one with no increase in GRFA due to the offset crated by the progression of the structural and mechanical system design. As this proposal is to convert 926 square feet of staff"support area"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. It was identified in this conversation that the primary purpose of the underlying zone district, Commercial Service Center, is to provided for commerciaUretail development with"limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial � functions". The result of this conversation was an initial approval of 199,830 square feet of GRFA and 69 dwelling units with 5 attached accommodation units. While staff is supporting this request to convert 926 square feet of floor area to a condominium, there is a concern that the development has already increased by nine units and if this request were approved that would make it a 10 unit increase. If approved this would be a 14.4°/a increase over the initial approval. Staff believes that as this request is reviewed it should be viewed from a perspective of whether or not 79 units is appropriate for the site, not that it is just one additional unit. 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 926 square foot meeting space to residential does not generate an increase in the employee housing generation due to the allowable GRFA not being increased from the approved 200,858 square feet. Staff believes that the proposal does comply with this criterion. 7 � 11 -3-7�n . , . � C. Com liance with arkin and loadin re uirements as outlined in Chapter 12-10 of P P 9 9 q 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 218 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 five (5)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 befinreen residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). ` 4.0 Villa e Core/Lionshead � 9 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 11 -3-8\n �' � 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 lirnited 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 Official Town of Vail Geologic Hazard Maps,the Crossroads development site is not Iocated 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 � 11 -3-9\n . � '• . , � t � 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 the Crossroads project. � IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forvvards 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 78 units to 79 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 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. � �o 11 -3-10\n � � P �"; �I , . , � That the proposed gross residential floor area of 174.4%of lot area, additional thirty- one dwelling units over allowable (at 29.9 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicanYs request, staff recommends that the draft Ordinance No. 20, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. Application for a Maior Amendment to Special Development District No.39,Solaris,to allow for an increase from 78 to 79 dwellinq units Dated August 10, 2009 B. Reduce plans of the proposal dated August 10, 2009 C. Draft of Ordinance No. 20, Series of 2009 � 11 � 11 -3-11\n � : � �� :�� �� � ¥ � _::�� � rs �� . o ��� ���_ �. - �� � °:;�;�; -��, �°�""`°�. ��� _ �� ,�_ � �" / Application for a Major Amendment to Special Development District No. 39, Solaris, to allow for an increase from 78 to 79 dwelling units ,. � �� , , ;� ��„ .,�.„� r�r � � � ., �� ��L�� �,s. ��� �� � ."�.#k:. �4� �;'�,''1rir� ��`�„�°�;_�: � �� � �.�,...��'"'.�^'. � � �� "„ . °:.,; „, � �� � ..:�n �c.. �.. :'�' �,:, "�- � ,�k .� � w ,_ " � �'. � : � � .�w .;� �,�^ : .�... � �'�*"� �u .��, �. . �, "' . ?.: � � ^ .. s,;,. .-v ,;, ' .'� .. %; � 4': � � � Submitted August 10, 2009 � 11 � Mauri�llo Piane�ing Group ':: , . . . � . .... � ,;r�� , �. € � � � K ar E' 11 -3-12\n � � � � I. Introducfion � We are requesting a major amendment to Special Development District No. 39, Solaris, to allow for the addition of a dwelling unit, increasing the total number of dwelling units from 78 to 79 dwelling units. The dwelling unit is being added at the lobby level in a space that was previously considered support office for the project. There is adequate parking for this use. This change has occurred as a result of continuing refinement to the project throughout the construction process. A large storage area has been created in the loading dock area. Storage was previously accommodated in areas adjacent to the lobby. Freeing up the storage space adjacent to the lobby allows for these areas to become much more functional office spaces. The space that is being converted to a unit was located inconveniently- physically separated from the lobby-and required access to occur by entering the residential hallway. (See plans below, a full-sized set has been submitted with this application). Existing: °� �--. . - _._._.. _ _.. .. � ____. �� � 4, � .. � �,s� arz?s�a w��ti � . 'r� "- ` �" � � . .r � � � , ���`���� ,� � 880" ��� � ;�+ � ti�,. � � _ n � �t� :. � � ,aw�» � {3 � p<y�` � � ' � � � ,:4 _ . . �: � �m , � �,, . a . . 3. ' � � � t . .� ❑ x+MiA.4 k,-J+° a � . a . « � � � � ` . ., � - � �o � t�� �:_ a� ; � -' � � �� � 0 �_ ❑ � Q � � /�.... ..,,,,�. � " (� +�n� $F. �»�,,� �� � ,/� :w,e� ���r v��r� e _ � �� �, . A 6 ��+.x tnt-7� 31Hr 9N � ���e r l - � �`�, � . � �.. o 1 � .� � �n�, n � APPRC}YEO L�/�L 3 4!.=?14ks f�1i"=!4" At.±i�is;jC}(�.74 sO�LQa't6 Major Amendment 1 � 11 -3-13\n , . : � Proposed: _ __.. � . �°w., � . . ;�.. ��..�< x�:.�l iM�T35A INYr>�� ��M. ` �•'�i_ `�_ � � : scss . . ��_-��,��� �,. � q �� -w•ne 4 R� � Kii . ._ �.� -.-� ,�i+ � QQ�. � � .! �'. Q �.� "E � � � i ' �,. � ] . .. . _ ,. .. �R ... :_•� ❑ �ai¢Y � � � � � o _ � � ; p� °o � - � �� � n� � o� � , o . � . . ,/ ,.--f' �. Y uwr� .,., -. ! �sae uM.aw � �.�3 ,. � :�❑ ��.. ' arrt�a� Q � � � i..�� �"�+w �y� . . ..•. _��.... ....�N . ..� / I.... . ' ' t...awi�l�w � ' l 0 r I' C �,,0, a � � pRt3#OSEd L�YEI 3 ^,{',:i�tF_r.i3��c�kai` T°�1Cdf.3T 1G�U:FI 74 This application for an additional dwelling unit does not increase the allowable GRFA currently approved for the Solaris project. Changes to the interior of the building throughout the construction project have eliminated a total of 1,076 sq. ft. of GRFA from the total GRFA of existing units. Plans indicating where mechanical chases have been added and/or GRFA lost has been submitted with this application. As a result, this new unit consisting of 926 sq. ft. of GRFA will not increase the total approved GRFA of 200,858 sq. ft. In addition, there are no impacts to the bulk and mass of the building, and no modifications to the exterior of the building. The new unit is not subject to the Inclusionary Zoning regulations as no new GRFA is proposed. However, the new unit does require additional parking, which is available as there is excess parking in the project. A new parking analysis has been provided. II. Background � On lanuary 23, 2006, the Planning and Environmental Commission recommended approval of Special Development District No. 39, Solaris. In addition, conditional use permits were also approved for a major arcade, a movie theater, meeting rooms and convention facilities, a private club, a bowling alley, and an ice rink. In March of 2009, the Town Council voted to approve the adoption of Ordinance 5, Series of 2006, approving the SDD and development plan � for Solaris. Various amendments to Special Development District No. 39, Solaris, have been �" approved following its original adoption. Most recently, Ordinance No. 7, Series of 2009, was � SO�L�6 Major Amendment 2 11 -3-14\n � �: � � � � approved by the Town Council, allowing for the conversion of a commercial space on the � promenade level to a residential dwelling unit. The current approval allows for 200,858 sq. ft. of GRFA, and a total of 32,537 sq. ft. of net commercial floor area. This application does not increase the allowable GRFA, but results in a total of 79 dwelling units. There are no other changes associated with this amendment application. This application increases the total number of dwelling units from the currently approved 78 dwelling units up to a total of 79 dwelling units. The total lot size of Solaris is 2.643 acres, and the additional dwelling unit increases the density of the project from 29.51 dwelling units per acre to 29.89 dwelling units per acre. The proposed unit is a one-bedroom, one-bath unit, of approximately 926 sq. ft. As the building has progressed, this space is no longer necessary for this function. III. Parking Analysis Solaris will meet and actually exceed the parking requirement as provided by the Town of Vail Zoning Regulations. As currently proposed, 304 parking spaces are provided, while only 218 spaces are required for the uses on-site. The parking club still consists of 81 spaces (no change from the previous approval) and there are 5 excess parking spaces remaining. A complete parking analysis is provided below: Dwelling Units 79 1.4 110.600 � Retail 32,537 0.0023 74.835 Theater Seafing 3,059 0.006060606 18.539 Restaurant Seating 5,611 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 229.109 5%Reduction 11.455 Net Required Parking 218 Parking Provided 304 Parking Club Provided 81 Excess Parking 5 SOi�Z6 Major Amendment 3 � 11 -3-15\n , , : . . . � IV. Employee Housing Pian Because there is no increase in the GRFA, the requirement for employee housing based on Chapter 24, Inclusionary Zoning, does not apply to this application. V. 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; ro 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 relafive to architectural design, scale, bulk, building height, buffer zones, idenfity,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 been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. � � O . � � SOYQ�16 Major Amendment 4 � E 11 -3-16\n � � R � � � � 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 relafionship with surrounding uses and activity. Our Analvsis: 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. 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 5 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. I 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 Analvsis: There are no natural or geologic hazards existing or mapped by the Town on the 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,vegetafion and overall aesthetic quality of the community. Our Analvsis: ,SO`L�'26 Major Amendment 5 � 11 -3-17�n , ; . . . � 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 gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the � aesthefics 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 faciliry. The loading dock also includes a trash facility for the �: project. The loading dock provides access to grade on the west side of the site to allow for use �` by merchants on adjacent sites. � �, All of the parking for the site is accessed from Village Center Road. All of the parking is located � below grade. The control gate for the site is located deep within the garage to prevent cars � from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, � thus preventing any blocking of traffic on Village Center Road. Additionally, there is a porte �,` cochere along the South Frontage Road for residential guests arriving at the site. The porte � cochere will provide temporary pick-up for guests and valet parking. A traffic report is included � in the Environmental Impact Report (EIR) for this project and, 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. � � � 50�16 Major Amendment 6 �' �i � 11 -3-18\n �. � � � � 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 recreafion complex, and as a place to sit and view the surrounding urban fabric. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our 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. SOY�7'Z�'Major Amendment 7 � 11 -3-19\n � . A � � �7 Vi. Ad'acent List of owners J C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V AUSTRIA HAUS CONDO ASSOC INC 75 S FRONTAGE RD CONDOMINIUM 242 E MEADOW DR. VAIL,CO 81657 ASSOCIATION VAIL,CO 81657 100 EAST MEADOW DRIVE STE 31 HIBBERD,FRED,JR VAIL,CO 81657 ANN BISHOP 400 NW RIDGE RD VAIL VILLAGE INN PHASE ill ASSOC JACKSON,WY 83001 VILLAGE INN PLAZA PO BOX 820 CONDOMINIUM VAIL,CO 81658 VAIL CORE CONDOMINIUM COLORADO REGISTRATION,INC. ASSOCIATION,INC. 880 HOMESTEAD DRIVE, NO.25 CDOT VAIL TAX&ACCOUNTIN6,INC. EDWARDS,CO 81632 4201 E.ARKANSAS AVENUE P 0 BOX 5940 DENVER,CO 80222 AVON,CO 81620 VILLAGE INN PLAZA-PHASE V CONDOMINIUM MAURIELLO PLANNING GROUP, VILLAGE CENTER ASSOCIATION ASSOCIATION LLC PO BOX 5968 COLORADO REGISTRATION, INC POST OFFICE BOX 1127 VAIL,CO 81658 880 HOMESTEAD DRIVE NO.25 AVON,CO 81620 EDWARDS,CO 81632 VAIL DOVER ASSOCIATES LLC SOLARIS 4148 N ARCADIA DR VILLAGE INN PLAZA-PHASE V 2211 NORTH FRONTAGE ROAD, PHOENIX,AZ 85018 CONDOMINIUM SUITE A � ASSOCIATION VAIL,CO 81657 TALISMAN CONDO ASSOC. COLORADO REGISTRATION, INC W.THOMAS SAALFELD PO BOX 666 62 E MEADOW DR VAIL,CO 81658 VAIL,CO 81657 VILLAGE INN PLAZA SONNENALP PROPERTIES INC CONDOMINIUM 20 VAIL RD ASSOCIATION VAIL,CO 81657 COLORADO REGISTRATION, INC. POST OFFICE BOX 666 VAIL VILLAGE PLAZA VAIL,CO 81658 CONDOMINIUM ASSOCIATION C/0 ABPLANALP LAW OFFICE LLC, VAIL VILLAGE PLAZA � POST OfFICE BOX 2800 CONDOMINIUM ASSOCIATION VAIL,CO 81658,UNITED STATES 143 E.MEADOW DRIVE NO.360 C/0 SLIFER MANAGEMENT CO VILLAGE INN PLAZA VAIL,CO 81657 CONDOMINIUM ASSOCIATION �'. JOSEFSTAUFER VAILVILLAGE PLAZA 100 E MEADOW DR#31 CONDOMINIUM ASSOCIATION � VAIL,CO 81657,UNITED STATES SALLY HANLON �; 385 GORE CREEK DRIVE-NO.R-2 � � VAIL,CO 81657 � � SO`f.�(.7`l.6MajorAmendment 8 11 -3-20\n �; �'; � . � � � 4 Solaris Square Footage Lost Calculations 7.28.09 � Unit Number Square Footage Lost Unit 307 73 Unit 308 57 Unit 309 14 Unit 401 26 U n it 402 54 Unit 406 73 U n it 409 13 U n it 411 10 Unit 414 3 Unit 415 73 Unit 416 77 Unit 501 72 Unit 505 73 Unit 508 10 Unit 514 47 Unit 515 19 Unit 605 73 Unit 607 10 Unit 613 47 Unit 614 19 Unit 704 Upper&Lower 146 � U n it 705 28 Unit 706 12 U n it 711 47 Tota L• 1076 � 11 -3-21\n . '. ' � o�o� � ca�►�. � p�io d0:, �eS b� S� � � ,� , �r��;�''�` J IW�f � �/, - U;��� �: ME �` � MORANDUM � TO: Planning and Environmentai Commission , o�e, �—a-a FROM: Community Development Department DATE: September 14, 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 additional dwelling unit; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PECb90026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC � Planner: Warren Campbell � I. SUMMARY The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, 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 78 units to 79 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 78 units to 79 units. � � The key element of the proposed major amendment to SDD No. 39, Crossroads,include: • An increase in the number of dwelling units from 78 to 79, resulting in no increase in � Gross Residential Floor Area (GRFA). A proposed deviation from the allowable number of dwelling units (47) which is 32 dwelling units greater. The proposed new unit will replace the "support area for staff depicted on the Approved �' �, Level 3 floor plan behind the front desk service area. Support areas for staff have been �` relocated to other areas of the Approved Promenade Level and the Proposed Level 3,which � are shown in btue. The proposed new unit measures 926 square feet and will be a one � bedroom with one full bathroom. � 1 � � � : y � �: : . , . . � The conversion of this space from common area to a dwelling unit does not result in an � increase in the GRFA on the site due to the loss of GRFA throughout the building as structural and mechanical systems were fully designed to meet all Code requirements. These areas where GRFA was lost are shown in red on each of the floor plans. There was a total of 1,076 square feet of GRFA lost throughout the structure as wall widths increased, mechanical chases were designed, and other Code compliance was achieved. Therefore the conversion of the"support area" does not result in additional GRFA as approved within the SDD. A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No,39, Solaris,to allow for an increase from 78 to 79 dwellinq units dated August 10, 2009, (Attachment A)and a reduced copy of the floor plans and elevations dated August 10, 2009, (Attachment B) have been attaclied for reference. A copy of draft Ordinance No. 20, Series of 2009, containing recommended conditions 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 deviation from the prescribed development standards for density (number of units) 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 permtted 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. • On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council by a vote of 6-1-0 (Pierce opposed) to • 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; � 2 . � t ' • • • 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 • Decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. • On June 2, 2009, the Town Council approved the second reading of Ordinance No.7, Series of 2009, adopting the changes recommended by the Planning and Environmental Commission by a vote of4-3-0 (Cleveland, Foley, Daly opposed) 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 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 senre 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 � 3 . , , . , � 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 Planwhich 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 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 Drive. 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. Pedest►ianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and 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 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 a/so important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. � 4 . ; 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-familv dwellinq and lodqe uses as mav be appropriate without interferinp with the basic commercial functions of the District. The Commercial Service CenterDistrict is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to mainfain 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 Lot Area: 20,000 sq, ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. � Setbacks: Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.9 units/acre 47.5 D.U.s 79 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�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%) r 5 � � � � Parking: 218 spaces 304 spaces .,� (81 spaces approved to be in private parking club and 5 surplus public spaces) 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 development within the Town; to facilitate the adequate and economical provision of streets and utilities;to preserve the natura!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 Specia/Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The 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 compatibilityand sensitivitytothe immediateenvironment, 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 78 to 79 and includes no change to the approved GRFA. These 6 . s . . � - �j; 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 is to increase the number of dwelling units by one with no increase in GRFA due to the offset crated by the progression of the structural and mechanical system design. As this proposal is to convert 926 square feet of staff"support area"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. It was identified in this conversation that the primary purpose ofthe underlying zone district, Commercial Service Center, is to provided for commercial/retail development with"limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial � functions" The result of this conversation was an initial approval of 199,830 square feet of GRFA and 69 dwelling units with 5 attached accommodation units. While staff is supporting this request to convert 926 square feet of floor area to a condominium, there is a concern that the development has already increased by nine units and if this request were approved that would make it a 10 unit increase. If approved this would be a 14.4% increase over the initial approval. Staff believes that as this request is reviewed it should be viewed from a perspective of whether or not 79 units is appropriate for the site, not that it is just one additional unit. Emplovee Housinq Repuirements � 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 926 square foot meeting space to residential does not generate an increase � in the employee housing generation due to the allowable GRFA not being increased from �' the approved 200,858 square feet. � � Staff believes that the proposal does comply with this criterion. � 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 218 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 five (5) 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.) � 8 . ; 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 Villaqe Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goa/ #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. � Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guesfs. 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 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 78 units to 79 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 demonstrafed 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. 10 , ; � That the proposed gross residential floorarea of 174.4%oflot area, additional thirty- one dwelling units over allowable (at 29.9 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 character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicanYs request, staff recommends that the draft Ordinance No. 20, Series of 2009, containing conditions, be forward to the Town Council X. ATTACHMENTS A. Application for a MalorAmendment to Special Development District No, 39, Solaris,to allow for an increase from 78 to 79 dwellinq units Dated August 10, 2009 B. Reduce plans of the proposal dated August 10, 2009 C. Draft of Ordinance No. 20, Series of 2009 �' � � � � � � � � 11 � � k �� ��'�" ��' w:���� � ���� �. �� � ���:., ��� ��.;. �3���N .;��x �,���;,.�. �Y��� � Application for a Major Amendment to Special Development District No. 39, Solaris, to allow for an increase from 78 to 79 dwelling units , �.. �,� �, �° ;`� �, � `� 3 � ffi �- �'�' �'S� F *� �t����r ,� � �� ���� � �. ' �� p� � ,�,� `�r" ��'y�� � ,�,_ `����°�a.t�, w* . <�: �� � � . � � �,�"` �`�: �� `� �-�"#°,�„ _� � � ,�, � >- ,. ' � Submitted August 10, 2009 � ' Mauri�ltss Ptattaaeng Group �;,�t�:�� - __ �».=i � Attachment A , '� � � 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 total number of dwelling units from 78 to 79 dwelling units. The dwelling unit is being added at the lobby level in a space that was previously considered support office for the project. There is adequate parking for this use. This change has occurred as a result of continuing refinement to the project throughout the construction process. A large storage area has been created in the loading dock area. Storage was previously accommodated in areas adjacent to the lobby. Freeing up the storage space adjacent to the lobby allows for these areas to become much more functional ofFice spaces. The space that is being converted to a unit was located inconveniently- physically separated from the lobby- and required access to occur by entering the residential hallway. (See plans below, a full-sized set has been submitted with this application). Existing: �. ;� �.�.-- - __ _._ �.._ ,.,,...� � _ ... � � �n�u � ri4 : �.�„ '�°W--_. �.��_._�-.� � � =M , .� o � ' ❑ �;� �� `� � . �r � {� ��� � 4 a Q � � � o � _ �e ; � _-w . , _ . _ . � � ::�. _ ��� � � � . , o , . , ,� __ _ _�; : .: � ,.� � � .t� . � . , � _ o � � � . _ ___ , , � � .a � � ,_ � . � _ � _ , ... . � O f! ' b , _. .• g h O�' .. . o �° ° r } , p U ' � ��.,.. -�✓" '`` ° ,�, ,� a < � �� ,�"° „«,,,� ��,m. '`� -;� ` n �_��� _.�., �,� ..u � ��� � � ���* �+�rr.. :MR7o� `� a \ � 1�: 1 t ".. J U�At`}N �� g I a� I � wr,»t � ❑ APPROVED L�VEL S .`#��Al,e: lilk=!4+' A�.:auf�?ib riv)a � � SD�Major Amendment 1 � � , . . � Proposed: � _ -� ,. �. �- �.. ,� . _ � -- -.,,_.— ._.. � „a � ,� ,�,r��. �.�,.�. ���j.� ..". R£fIPENJi}i, .' "w� . �^ _ Y � � _. . sr`a_. �.-., uwrt , ��E C.,,.,�",. -�_.._ �—�'*�+aosr. t : .. ��4':—�„ `�'� (-��. � 1v �..++*n:, � Q: � �._q � Q ♦ '0 6�i�.�.� i�i� ;}+ � '�# _ "'� � � � �� � m _ �a 0 (� 6 1 ��� � (3" ° ' � v �. �.e,.. '4 . �� • • !�i'� P � • $ w V .. 113YF.: ' Y (� " . . J1QRYiC �A '� � ., - 1} •� . . ' , i � O �s ._ � C� EO�'. p . S ❑ � ❑ �q � � n t]. a � �: / . �. .-.. / �'� ..�.. ' � uwr3il �� y'��. yru�m� ual:zr �\ �' � n � . � . � , 1!M SiT . O '... . ❑ O ... � . ; �� .. � � tiGi��i�w �.,�+n na � . �� , - � � I : iWrw� � �. 1 � ,���. ° pr�s��as�o � �.�v��a ��,�,� ,:,�_�afl h�61u"?t3s,yy:.y/ This application for an addifional dwelling unit does not increase the allowable GRFA currently approved for the Solaris project. Changes to the interior of the building throughout the construction project have eliminated a total of 1,076 sq. ft. of GRFA from the total GRFA of existing units. Plans indicating where mechanical chases have been added and/or GRFA lost has been submitted with this application. As a result, this new unit consisting of 926 sq. ft. of GRFA will not increase the total approved GRFA of 200,858 sq. ft. In addition, there are no impacts to the bulk and mass of the building, and no modificafions to the exterior of the building. The new unit is not subject to the Inclusionary Zoning regulations as no new GRFA is proposed. However, the new unit does require additional parking, which is available as there is excess parking in the project. A new parking analysis has been provided. 11. Background On January 23, 2006, the Planning and Environmental Commission recommended approval of Special Development District No. 39, Solaris. In addition, conditional use permits were also approved for a major arcade, a movie theater, meeting rooms and convention facilities, a private club, a bowling alley, and an ice rink. In March of 2009, the Town Council voted to approve the adoption of Ordinance 5, Series of 2006, approving the SDD and development plan for Solaris. Various amendments to Special Development District No. 39, Solaris, have been approved following its original adoption. Most recently, Ordinance No. 7, Series of 2009, was .Sl�L�7`l6 Major Amendment 2 � ' •' �; � . . � wi f r th conversion of a commercial s ace on the approved by the Town Counal, allo ng o e p promenade level to a residential dwelling unit. The current approval allows for 200,858 sq. ft. of GRFA, and a total of 32,537 sq. ft. of net commercial floor area. This application does not increase the allowable GRFA, but results in a total of 79 dwelling units. There are no other changes associated with this amendment application. This application increases the total number of dwelling units from the currently approved 78 dwelling units up to a total of 79 dwelling units. The total lot size of Solaris is 2.643 acres, and the additional dwelling unit increases the density of the project from 29.51 dwelling units per acre to 29.89 dwelling units per acre. The proposed unit is a one-bedroom, one-bath unit, of approximately 926 sq. ft. As the building has progressed, this space is no longer necessary for this function. II1. Parking Analysis Solaris will meet and actually exceed the parking requirement as provided by the Town of Vail Zoning Regulations. As currently proposed, 304 parking spaces are provided, while only 218 spaces are required for the uses on-site. The parking club still consists of 81 spaces (no change from the previous approval) and there are 5 excess parking spaces remaining. A complete parking analysis is provided below: � 5z�� N�mber af��°,�� � � s� �� Use � �.; � ��� �� �ade �Ra�io� �Totai�� „, = � << � � .. ��1n�t�f::�.,Sq° ;�# ��.._ ; � ��� Dwelling Units 79 1.4 110.600 Retail 32,537 0.0023 74.835 Theater Seating 3,059 0.006060606 18.539 Restaurant Seating 5,611 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 229.109 5%Reduction 11.455 Net Required Parking 218 Parking Provided 304 Parking Club Provided 81 Excess Parking 5 � ,Sl�L�T'Z6 Major Amendment 3 �: � � �: , . . � IV. Employee Housing Plan Because there is no increase in the GRFA, the requirement for employee housing based on Chapter 24, Inclusionary Zoning, does not apply to this application. V. Special Development District—Standards and Criteria "The purpose of the special devefopment district is to encourage flexibi/ity 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 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 been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. ,SOYQ�Z�'Major Amendment 4 � � , � � The materials are of the hi hest ualit and include Teiluride Gol s k g q y d tac ed 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 Analvsis: 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. 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 5 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. �: 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 Analvsis: There are no natural or geologic hazards existing or mapped by the Town on the 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 Analvsis: 4 � � SUL�7'Z6 Major Amendment 5 �', �`: �> 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 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 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 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. .5�7'16 Major Amendment 6 � . ; � H. Landsca in : Functional and aesthetic landsca in and o en s ace in order to P g P g P p 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 seiting 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. 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 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. � a � a � � .S�(�7'Z6�Major Amendment 7 �, �< �' � . . . VI. Ad�acent List of owners � J C/0 FINANCE DEPT VILLAGE INN PLAZA-PHASE V AUSTRIA HAUS CONDO ASSOC INC 75 S FRONTAGE RD CONDOMINIUM 242 E MEADOW DR. VAIL,CO 81657 ASSOCIATION VAIL,CO 81657 100 EAST MEADOW DRIVE STE 31 HIBBERD,FRED,JR VAIL,CO 81657 ANN 615HOP 400 NW RIDGE RD VAiI VILLAGE INN PHASE fll ASSOC JACKSON,WY 83001 VILLAGE INN PLAZA PO BOX 820 CONDOMINIUM VAIL,CO 81658 VAIL CORE CONDOMINIUM COLORADO REGISTRATION, INC. ASSOCIATION, INC. 880 HOMESTEAD DRIVE, N0.25 CDOT VAIL TAX&ACCOUNTING,INC. EDWARDS,CO 81632 4201 E.ARKANSAS AVENUE P O BOX 5940 DENVER,CO 80222 AVON,CO 81620 VILLAGE INN PLAZA-PHASE V CONDOMINIUM MAURIELLO PLANNING GROUP, VILLAGE CENTER ASSOCIATION ASSOCIATION LLC PO BOX 5968 COLORADO REGISTRATION,INC POST OFFICE BOX 1127 VAIL,CO 81658 880 HOMESTEAD DRIVE NO.25 AVON, CO 81620 EDWARDS,CO 81632 VAIL DOVER ASSOCIATES LLC SOLARIS 4148 N ARCADIA DR VILLAGE INN PLAZA-PHASE V 2211 NORTH FRONTAGE ROAD, PHOENIX,AZ 85018 CONDOMINIUM SUITE A ASSOCIATION VAIL,CO 81657 � TALISMAN CONDO ASSOC. COLORADO REGISTRATION, INC W.THOMAS SAALFELD PO B�X 666 62 E MEADOW DR VAIL,CO 81658 VAIL,CO 81657 VILLAGE INN PLAZA SONNENALP PROPERTIES INC CONDOMINIUM 20 VAIL RD ASSOCIATION VAIL,CO 81657 COLORADO REGISTRATION,INC. POST OFFICE BOX 666 VAIL VILLAGE PLAZA VAIL,CO 81658 CONDOMINIUM ASSOCIATION C/0 ABPLANALP LAW OFFICE LLC, VAII VILLAGE PLAZA POST OFFICE BOX 2800 CONDOMINIUM ASSOCIATION VAIL,CO 81658, UNITED STATES 143 E. MEADOW DRIVE NO.360 C/O SLIFER MANAGEMENT CO VILLAGE INN PLAZA VAIL,CO 81657 CONDOMINIUM ASSOCIATION JOSEF STAUFER VAIL VILLAGE PLAZA 100 E MEADOW DR#31 CONDOMINIUM ASSOCIATION VAIL,CO 81657, UNITED STATES SALLY HANLON 385 GORE CREEK DRIVE-NO. R-2 VAIL,CO 81657 ,S�L27`Z6 Major Amendment 8 � D a � � 3 c� � � � ....�t..�.�;,��,.....� �i .e.a�'+�°.... ..._ � i L.------------- �----__ - � °:� � m � o00 00o d � o � ` � M;�� � � ' �, � �.- _`� `a' �m„ .��.. � � �0 0 o m o 0 0 0 � o .., � °�,' � �, h _ � '� � _ ° %�o 0 0 0 0 /�o � /o o %/. /o I/o 0 0 0 0 0 0 0 � ,�/ l £"„��' � �,,j� � '�:.,� _...._...... . _'_' � 'm' a � ,/ " o �„/:;" �\. \ o . '�\m o o a o 0 0 0 0 0 �\,� o o m o 0 0 0 � � � o � uu w�� / `' o � r ir� o 0 0 0 0 0 o m a o m o\=;.. o o m o o m o 0 0 0 0 0V . i i // � ���" \ �;i/�i; ,i< ��`-. A _ , - o � .� _....,..... ---- • m\. �'o , o ,i<�� �:, ,, 0 W ��- o o � o 0 0 0 0 o m o 0 0 0 0 0 o m o 0 0 0 0 0 0 0/�-�o 0 0/�,�: o � , � �,�-._ �. � _ ,� �. �. _ Q %�� oo � � moo � 0000 � � oom � oo 0 0 � � o o ...�,�,. 0 o ,�„ ..,.._.... ,� o 0 0 ��o � o 0 o a o 0 0 0 0 0 � o o � ,,., o 0 m � 0 � � � � � �1 � � � ' L-J � -_ � � p ___ r�i � � � � � �/,� Y� ��\ 0 /i, . � � . � � 0 3 � 0 3 � / �,% /� o o/ i//m m.'/ '°/°/°%/°% ° � � � APPROVED GARAGE LEVEL SCALE: �is�,_��_�,� AUGUST 10,2009 i r=-= - - - - ' i i � II ; � - - -, �'l � . I '� � �', o00 00000 0000� i � ' ) i ° ' °. o.o.U.. e a, — � �,.. �.., e � � i_. � / ° =Mm o 0 00 0 000 � , e ,, i e - � I � • � �I ; , . . . �_ -�P�� � r� � ; , : , 1��l, ; � , � L � �� � � -:� r�--- �. � - , � , o �� � �� , � i ; - � �_. � - ° 1 x d , : . 3 - - , , � ` �' _',o a . I � h�� � � I � IF I z m m � � t,l y �� '� �i� � f, "�_`� � � � ■ m ■��/�ts ,. � {�' I . � .���r`I III II O � fl � : � � . 9 � m B , ��- ,.�/ x . I �'� .. � � � s a : � . m ih er..n. aEraw R�� . � o v m �./ . � .�` 5� �: . o �. a ncr.n � nsrN.. �� � �� e.a� a r: � . �, < ;� . p , m m . ��� �'� u�n„o� � . I � � � � ae.ai ,�� � � ae��x � ��� �i v � .��� `^,_ _ � � o c . m�� eowuhcv . � .�` ��'x . . . '� � . ° m a :--�-� Rc*,u� nesr�un�xr ,,. . ; � . TNE�TE0.1 LO y t' �� //��� ��� . I.., ir "-3'� : _ 0.lfTIWMMi V . ... . . m �i� ����� ���' m � � " . ' �. . . ,. , � Nn 1�-: '�..._a s'z.�. ''^� �t; `A?r m ^ l,r�: � • '° . �_ � o � i , >,. .. , : T`p `� „ _... i � , .._ ��,;: c� _ � �r . _ �, , =, i � , . �' m , � `� � ,': ,� ;— � �, _ � �' �i �Y,�./ j `� - — _ � ' '�"� � . �`` ,� � �— � ^ '� o � ,�� , �' � .) Ac�.u� ° ' y . f �, ' �' _ % I �'t . A�� I . i. . �� i,s� � .,,,. . � � I . 1�" " ._!r ❑ .n �:�� }.ty. �it �4 y . I �� =��y�; � ■ I .. 4.t ; .�� . I .�� t � ' `� � ,� - . �� � ��` — � i , ' �, � ,e"� .... ( � �� ,... ... ' ' � / , � j�' RETNt� �Rfful �!�v .C'. t � .. . . '�}.eF,,y .f,:_ �r� i '. � y _, ��?FFs��"�s� 1 �:i., � ��.1 4 �Y 4��'�� .��� � , t' N . ��y ``,,� .... � ;.t :� I ..� � � � �" � �, �_- _ ; . �> _-- � ... __.. ,1 .,. �� _ ^ ,� � �.�..�.� , �._._ --- -- .- APPROVED � -- �..V _. ; :�3 ,. . PLAZA LEVEL ' ...:.._ ::.._' :p� .. �� . :�.�- ;�-'� SCALE: ��s,_�,.�„ .. .._ .. , . .r : .... .. . .. ... = � .... ... � AUGUST 0 009 ` °+ ,� i. t� �L i �i ,V , a . , � z . , . -.:.: - —--___ __ __-- _. _. __ _------ � � � , ' - � • • , : . I ji I .. ;n�ewred� -� ----- - -- _ --- ------- --- -- - -- - - - ---- --� ' r:�� ' �o' o00 00 � o00 000 000 000 0�0 000 ���-!00000� � _.J �_.__�_. UP 5'� � i I � � � � � j � 000� � o00000 � 0000 ' o�o% „ _ � a � � I �� w�er 'I � �� near�w�nr � m � K�rcHen I ? — _ ���. . '� � � ���' owina � �oe Ge � 4 R I I � ��, .,": M[enHC �� I�,a e rt noOr l. �M . ✓., � � ` � inu hi r- _ N I .�y 1 . ''. � `�y�. I � p o ��� 1��� \ i.9 � C 4 � .�. I �r.�.w�j f� .. •3 � ''=`�,. � 1�� � � � � � � � _ � �..�. > '�0.`Jt l.� � - aerra � c ' � ° a .. I -� �� ���� ��t � .. � �•..ad._......W° a�ru�. � . c. � neru� � � �i_,� _ ' I _ _ ...: � �. e e � „ .. � . „ �� .." ,: ', m. .' v o o �-r�..p arrnu� m o ��.__.�...� ���, � �' � . ...... ' '- �� . I� �1-� �.. ppp . .. � �x�1 : . � � a i C '-� .� . . C � .. � �, : � o � � � � ,. ��_� ., _ � _ .. � . + . -� � w,.y fi ' II I I I�I IIII� �-+�; ��� , � , � ' It, �' �i�r � .,� � a . .� � . �T��O P . �� �. � _ � . �/\ � �. . � . . 1' . \ . �, i Y� * . < � RE51DfNTinL f, G� . //Y'''' ' }�`i J . ., ..� . .�TN� . //�/ . ��: �1.^ � � ...�. UPIER� c-: / ��� j i ..� .' N \y .. �,1 �. C . : :". • ......._ .... '� ee.a� ! : ;_f. .*:~ :,, a ____�� . ..� .�.:,.': ' ._� � :..-r_•-. ,' � �� _ ' � . �_ -..._... a � _ ' � �1 t ��� t�'i�i . ..... . . ..' � . . I : ....... , _ � � i �. „��;. � � �- // ... ... �� � :� ner�w �� . � --� .:�� .._ . . .... .�i. . �-�,_�-.-r 'u+ �. ;�:^L - j _r �S . ,+i , � . o / - �.t�� I __. . I �; �rN� . ,� ��"� `.i �.,� �i , ° a .'. ° Lu'�c'ab . : , � �/ . . I i� n ....`. I ,�T. j€ ,_ `L � ( � : ...;,. , . : jie� � I 1 � . . P j '� � , M.1 . � .. �I �:� �:-� :i : leh, � ':.`,�� . .. . ... , ,. �I�, H �_ � � � � :. ', s . ��Y. f „ =`L�� `, . i, . _. .. ,' � � �,� . ��� ' ! � u �� �.i ' �... �� .... ._ .. .. .. �� I i f;L� t1 ' ! �, REUnITMnaL ��'� jd ii_.+ '�, : 1' 10t ' ���� !C .•� �§Ypk �;� A�� � � - L,T�T� .. \ � ��7 . �i-' —_I _ �� �� �% �� � • . �A`vt , _ . . _r�i i t ��.;� � ,,,.,b . _ � '_ . • . ,.�r.sr .,��L,•.. .. ._ 1. (", ' :Y:; . , , , . �. .. .._. . .� � .� .. . ... . ,_.._-� . ...� ...- ''' . .. ..... _.. _ '., „ . . ,,. . - _ ° � APPROVED �, . _... . ....... . ........ �:.., 3 ... . . .. -� ���' ` � PROMENADE LEVEL � .�,, .r .:. . .. ��.9.5 �.� �., i� �i I ., - ...,. ' � .�:-"��" ...... ._. . CALE: i.6,._��_p.� ....... ..:� ... � . i..� , � � ---- '....._... ..� �. ,..�'� � AUGUST 10,2009 � UNI" � �n,.p�a. .. _, ..�t a.., .��: . . . �" � SCALE: 1/16"=1'-0" AUGUST 70,2009 � u -� ,' '� ;>:;:r � � � : . UNR , � �.�'+.�a�.,� ... �9 �..� l.. ,r� I'( � �°5 LEVEL 3 SCALE: 1(16"=t'-0" AUGUST 10,2009 I 3,0 ! i ......::r e���l�.�;R'3:a�'!m�w.a,_._ �.�{:'��'•��- ' .. ��.. 49 ..,� �., .�i �� : ;`'; � �.;J�.: ..,�;.. I; ,., UNIT 4 � ......,i F' :C�,. .. .;�'_<'� ...i',..F '. � SCALE: 1/16"=1'-0" AUGUST 10,2009 i I II IT 408 I ii � , . . ur � UNIT �, .����.���� .. . '°^ �..i ?_. .r� �.. � ;�3 4'; UNR512 UNIT57� � • ' • I� iT so� I SCALE: 1/16"=1'-0" ��. AUGUST 10,2009 i �"w,„„„�� l `� I .T ...? e,.. �. . {°i. . �D I UNIT 60 UNIT 611 UNR B'10 SCALE: 1/16"='1'-0" AUGUST 10,2009 � T 607 PVER VEL IT 606 EVEL I � UNIT 713 a n;a�xr°:%A:.�an�Aw��..,...,.. I, �,�.:�� .. ' '� , k_� , . �E. 3 ., ,� UNIT)09 UNIT 708 � • ' ^ I f 705 LCVCL ! SCALE: 1/16"=1'-0" � AUGUST 10,2009 . �a„h,µ,......, � � :� l. ,� [� I >°. � UNIT 801 LOWER LEVEL SCALE: 1/16"=1'-0" AUGUST 10,2009 � � � ' - . � .� ., ..4 x_. . Ei. . ., UNIT 80�UPPER LEVEL � LEVEL 9 SCALE: 1/i6"=1'-0" AUGUST 10,2009 ---� I � • . _ Solaris Square Footage Lost Calculations 7•28•�9 � Unit Number Square Footage Lost Unit 307 73 Unit 308 57 Unit 309 14 Unit 401 26 Unit 402 54 Unit 406 73 Unit 409 13 Unit 411 10 Unit 414 3 Unit 415 73 Unit 416 �� Unit 501 72 Unit 505 73 Unit 508 10 Unit 514 47 Unit 515 19 Unit 605 73 Unit 607 10 Unit 613 4� U n it 614 19 � Unit 704 Upper&Lower 146 Unit 705 Zg Unit 706 1Z Unit 711 4� Total: 1076 � • . . ORDINANCE NO. 20 � 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, Solaris Property Owner 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 September 14, 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 , by a vote of of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 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. 20, 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 District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The Ordinance No.20,Series 2009 .� � �lttachment C . � .. � . underlying zoning for Special Development District No. 39, Crossroads, sha�l be Commercial Service Center(CSC) District. Sectian 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 August 10, 2009, 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. �, 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 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.20, Series 2009 2 � , • . . E. Density Control: The maximum allowable Gross Residential Fioor Area (GRFA) for Special Development District No. 39, Crossroads, shall be � 200,858 square feet and the maximum allowable density shall be seventy- nine (79) dwelling 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 shal� 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); 1. The Developer shall submit a final exterior building materials list,typical wall section, Ordinance No.20, Series 2009 3 � 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 s�bmittal. 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. 20,Series 2009 4 � 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 improvemeits. 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 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 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 dwellingunits 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.20, Series 2009 5 � Section 6. The Vaii 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 j 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 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 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 2ptn day of October, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No.20,Series 2009 6 � P[anning and Environm�nt�l �omrnis�on �� �AC�'It�N �OR�1 �, x � D�par�tm�nt of Community Develapm�r�t �j,�j���� jj� ' 75 Sauth Fr-ontage Raa�i, Vailf Ccr[or�do 81657 1�11�! lr teE: 97€�.479.2139 fax; 97t1.479.2�€52 c�.�,,��-,��-��Vc�Gx���,��,T web: wwv,r.vailgov.cam Project Name: Solaris Maj. Amend. PEC Number: PEC090026 Project Description: MA.70R AMENDMENT TO SDD #39 TO ALLOW FOR ADDITIONAL DWELLING UNIT(SOLARIS). INCREASED THE NUMBER OF DUS FROM 78 TO 79. Participants: OWNER SOLARIS PROPERTY OWNER LLC 08/10/2009 2211 N FRONTATGE RD STE A VAIL CO 81657 APPLICANT MAURIELLO PLANNING GROUP, LL 08/10/2009 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: C000001697 Project Address: 143 E MEADOW DR VAIL Location: SOLARIS �w"' Legal Description: Lot: P Block: 5D Subdivision: Vail Village Filing 1 Parcel Number: 2101-082-0200-1 Comments: See conditions BOARD/STAFF ACTION Motion By: Kjesbo Action: APPROVED Second By: Viele Vote: 7-0-0 Date of Approval: 09/14/2009 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: CON0011011 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 i pedestrians and Town sponsored events, which may include the establishment of an i� 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: CON0011012 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: CON0011013 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: CON0011014 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: CON0011015 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: CON0011016 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: CON0011017 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: CON0011018 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: CON0011019 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: CON0011020 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: CON0011021 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: CON0011022 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. Cond: CON0011023 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, . . . � MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 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 additional dwelling unit; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEOD90026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, 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 78 units to 79 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. 11. 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 78 units to 79 units. The key element of the proposed major amendment to SDD No. 39, Crossroads,include: • An increase in the number of dwelling units from 78 to 79, resulting in no increase in Gross Residential Floor Area (GRFA). A proposed deviation from the allowable number of dwelling units (47) which is 32 dwelling units greater. The proposed new unit will replace the "support area" for staff depicted on the Approved Level 3 floor plan behind the front desk service area. Support areas for staff have been relocated to other areas of the Approved Promenade Level and the Proposed Level 3,which i� are shown in blue. The proposed new unit measures 926 square feet and will be a one `r bedroom with one full bathroom. 1 . • .• ' �r The conversion of this space from common area to a dwelling unit does not result in an � increase in the GRFA on the site due to the loss of GRFA throughout the building as structural and mechanical systems were fully designed to meet all Code requirements. These areas where GRFA was lost are shown in red on each of the floor plans. There was a total of 1,076 square feet of GRFA lost throughout the structure as wall widths increased, mechanical chases were designed, and other Code compliance was achieved. Therefore the conversion of the"support area" does not result in additional GRFA as approved within the SDD. A copy of the text detailing the application entitled Solaris: Application for a Malor Amendment to Special Development District No 39 Solaris to allow for an increase from 78 to 79 dwellinq units dated August 10, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated August 10, 2009, (Attachment B) have been attaclied for reference. A copy of draft Ordinance No. 20, Series of 2009, containing recommended conditions 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 deviation from the prescribed development standards for density (number of units) 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. • On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council by a vote of 6-1-0 (Pierce opposed) to • 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; .� 2 . . t ' • • � • 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 • Decrease in the approved commerciai, 34,536 square feet, by 1,999 square feet to 32,537 square feet. • On June 2, 2009, the Town Council approved the second reading of Ordinance No.7, Series of 2009, adopting the changes recommended by the Planning and Environmental Commission by a vote of4-3-0 (Cleveland, Foley, Daly opposed) 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 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 • 3 . . • • ' J 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 fhe 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 proposais 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 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 Drive. !t is also a long term goa!to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area „� may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects wil!essentially leave fhe sub-area "built out". #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration 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 sfrong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. • 4 � 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 dwellinq and lodqe uses as may be appropriate without interferin.p with the basic commercial functions of the District. The Commercial Service CenterDistrictis 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' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.9 units/acre 47.5 D.U.s 79 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�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%) 5 ' .' ' _ Parking: 218 spaces 304 spaces � (81 spaces approved to be in private parking club and 5 surplus public spaces) 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 characterand 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 feafures of open space areas; and to further fhe 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 esfab/ish the requirements for guiding developmenf and uses of property included in the Special Development District." 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 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 78 to 79 and includes no change to the approved GRFA. These ""� 6 � 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 compiy 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 is to increase the number of dwelling units by one with no increase in GRFA due to the offset crated by the progression of the structural and mechanical system design. As this proposal is to convert 926 square feet of staff"support area"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. It was identified in this conversation that the primary purpose ofthe underlying zone district, Commercial Service � Center, is to provided for commercial/retail development with"limited multiple-family dwelling and /odge uses as may be appropriate without interfering with the basic commercial functions". The result of this conversation was an initial approval of 199,830 square feet of GRFA and 69 dwelling units with 5 attached accommodation units. While staff is supporting this request to convert 926 square feet of floor area to a condominium, there is a concern that the development has already increased by nine units and if this request were approved that would make it a 10 unit increase. If approved this would be a 14.4% increase over the initial approval. Staff believes that as this request is reviewed it should be viewed from a perspective of whether or not 79 units is appropriate for the site, not that it is just one additional unit. 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 926 square foot meeting space to residential does not generate an increase in the employee housing generation due to the allowable GRFA not being increased from the approved 200,858 square feet. � Staff believes that the proposal does comply with this criterion. 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 218 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 five (5) 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.) � $ � 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 Villaqe Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goa/ #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a � whole. Objective 2.5: 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. Furthermorethe 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 78 units to 79 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 demonsfrated 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 consisfent wifh the development � goals and objectives of the Town. 10 � That the proposed gross residentia!floor area of 174.4%of lot area, additional thirty- one dwelling units over allowable (at 29.9 units per acre total) in the Commercial Se►vice Center zone district is rn conformance with applicable elements of theVail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Centerzone 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 Environmentai Commission choose to recommend approval the applicanYs request, staff recommends that the draft Ordinance No. 20, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. Application for a Maior Amendment to Special Development District No 39 Solaris,to allow for an increase from 78 to 79 dwellinq units Dated August 10, 2009 B. Reduce plans of the proposal dated August 10, 2009 C. Draft of Ordinance No.20, Series of 2009 � • 11 • .i - � . . � ����T�� x�:����g . �;� �� ��. � r rh �: ,� a, �.. �`"'M�` r��-'Y , Application for a Major Amendment to Special Development District No. 39, Solaris, to allow for an increase from 78 to 79 dwelling units � �,a'� :?'t, *r� .g !4 � '� r� �3.a� ��' �`� 3��'�,`'� �� � .. a �' 4` a � � `�wf a" � �.+.����1 �g� �` �` k4 �1°''.�^. 's-' � �'§.. �s '1 � ,� � 9 F .-.��, » s F(�...t=���,�� � `�* w-T-"'"+c� ,a� � g ��. Q� �� �'�"rr � � � ...:: , � �,, : ' e, µ�. ��k��. 3�.��s�� S� } � 'd � � .�x� �1$'� `�� � � e.A ,.R`�F 9 '��o-c*Yr-�, j: p { Y y '"` �f .` ..i � �€ . �<� �3 �� "�� " ��� . "x°. . �� � .�. a�" � �* g� s'�-. � s. e �'"'^.�.:. ,., r � .� ,ws �� \ ��.� 2 �" �' '�","`.� �� : � � .. t .�� �� m��� . , ; , �`�"��4'*,e.�' � r� . .,,,.*# r _ . . �„a €� �: ., z ° {:1`✓� ���' � � ���'��� ��'*�"'"""" d � ��� � #�_,� `� � ��,� ���a � '� �� � r� � � �:� ��-� �� ., � �' ___. `�� � �� � �� � � � � ��a'� ����,r�+�., '� �.�.�',� -� � ;.`� i . i'='° �. � e����,-"" '. -1�.��i��:7�3 � 1� l�.t4�i�'a� �* � � � � �����R`*.';. � ` �r ��,?�r�-� � �� `�'�n T'jf ms� � t ' 'S -� ��# �� ���~�� �`��.�,.�.. - ) � Lk �'} t 3 .�" � �s,.� }}"`-�^�'��,,� "7w ,`�� ��� �� . � a t �c � �.. y` ' ; �"ip�� qq,, -°.. '� :. �°������d �j�l•��� s�w�°. ��. �� ,-�-.a) �... �^ � ",� • �.�• �'T.�: ��.. �y��,u_.�. � � �>.F4 ��y �. '*� � '�'����,a:' ��.��t.�� �� ��,� �'"F �s"°`e ,..��'� 1 .�.:t�'" ���„ 3 � � ;�. �i� �G<� � � � ; �. ti...: . �__ �_` ., ""' A„^ y� ' x ��'3"t.i ' ��$'r��.r�` �� ,, �e�. '^n �� '4 ,� ,�j 1� tt a �,Qa . '�' „�' ,°g o`Y e . -. �,�' ��� �s`� .. t�p.,,''�^w: 2��` ... ,�. k, i�i�� € .Rc ��� -�$ �'`a � ���� .R.,y�� .. N..�" � �" � Y $� �� ���. �« �� � �� �_� � �� �.. ! 3" �Q ,�` �"§ zs.�x� ,i � �,�-�t �` � -s; ' � � ' ��_ e � ,���- ��` g« �'�"� `�"�"�'��` � � � � Y ..� ; ,�„ _ � � . . o ,�, -� ; . �a � ;� ,�nrs"`� F � -.. ; � � � � _� �.d � , � Submitted August 10, 2009 , ' �R�uriclto 1�twnning firv�rp �.,., �� � ... � :.. � '' Attachment A � 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 total number of dwelling units from 78 to 79 dwelling units. The dwelling unit is being added at the labby level in a space that was previously considered support office for the project. There is adequate parking for this use. This change has occurred as a result of continuing refinement to the project throughout the construction process. A large storage area has been created in the loading dock area. Storage was previously accommodated in areas adjacent to the lobby. Freeing up the storage space adjacent to the lobby allows for these areas to become much more functional office spaces. The space that is being converted to a unit was located inconveniently- physically separated from the lobby- and required access to occur by entering the residential hallway. (See plans below, a full-sized set has been submitted with this application). Existing: _.__ � �� _�,,w � , _ __ �___ __. _.. ' "� -� " uNfT?ti UW��Ya �� � )t�i �� �J����[� a „.,..y}T�. "`�+..z�.... .� �G--.vi 1 b'. � i �,�.��� � � - � ; p � �� ��.< _ o p� �I �+ 0 � / ,� p�r� "(�{ . �rw' �� d f' � wwr4wt �.T,' � '"� . .�c�. ���� ��:.{� <<r 4��� � � � B 1 � a � �. ,� 4 ; _. A , � . 4 ......_ 3 y '„ � i n: .• o c� :f:� .nqr,�:e�r ^ , ❑ � �c - * . � .. ' 1 � L � a .. � .. : � Y i^ . . .. - � � � �'�. � ` .< �, � � O� ; � .,-. .EH. , . a .�, � �❑ � ; '�� �- . I . .. t _ � �.} .. . ..� . � �- . . . .'� . � �: * _ � billrfw `kt`' xf,na� � r` .... '�,� .�.� � � ' � __ ,-� � �,�. �,,, � ,�.: "� �. . . �� , � . ��,�a� o ° a w«rr.. lM1T�1 �r+. �` 1 - � u"'�' � k � ! �"� �� . 9 ( j `�--� !A�"1�a1 a 0 APPROVEO LEVEI 3 �n�e: v,c-,�.r .�er.:41.�T Ib?i"�1 � �Q � .SO`LlG7'Z6 Major Amendment 1 , . � Proposed: .�—- �_ —__ _..,-.� --.��u—�—t�,.o��.. /. 'nff10EN}I}�. ' tbUYf�1 uMff��� . t a. �}�= �. �\,. YNff 3 t�� � �. 1 a � r t�---TJLIOfT � � E, V 7y�._..�-d� � � g�+ �� !� a �^✓i .� .�wena 8rrz+ , � � . .. ���M '��3 � � ��� 4�� . ���'f . ..�:. � :: � 0 O V � � � � � � � - , � , _ .�` � ; _ , .. . _ . �,,, - ' � , , , . � : ��....:. ' � .• • �4 o mt�f� � k�. £� ' ,� .� � _ -. -� . �_..ry I ar :'. .. xaw o . 1l t�Y � � � , zro�su.e � " ' �,1 41 � —' ��a 0 , y > Ct •:• nn n ' � t -, 'a �,. �n o, � � o � o. d f� bJiNT W % / � � \E � � . 4J' ,.._t. G UIII:]OE \ +� . � .n� '; � :Lflll3t '� aIM1iSiP �d ❑1� r � �,�..: � ' O ' . �O �� .• � til�r�w aNiila! � ,�� •�� \..� 1�J I��,,�J _ / `�'�, � � � , 1 c� ..„r��„ 0 o � PROAflSED L�V��3 i±`.11.Y.; I.IA..:�i�Y hlir?J'aT to.'tsk7J This appiication for an additional dwelling unit does not increase the allowable GRFA currently approved for the Solaris project. Changes to the interior of the building throughout the construction project have eliminated a total of 1,076 sq. ft. of GRFA from the total GRFA of existing units. Plans indicating where mechanical chases have been added and/or GRFA lost has been submitted with this application. As a result, this new unit consisting of 926 sq. ft. of GRFA will not increase the total approved GRFA of 200,858 sq. ft. In addition, there are no impacts to the bulk and mass of the building, and no modifications to the exterior of the building. The new unit is not subject to the Inclusionary Zoning regulations as no new GRFA is proposed. However, the new unit does require additional parking, which is available as there is excess parking in the project. A new parking analysis has been provided. II. Background On January 23, 2006, the Planning and Environmental Commission recommended approval of Special Development District No. 39, Solaris. In addition, conditional use permits were also approved for a major arcade, a movie theater, meeting rooms and convention facilities, a private club, a bowling alley, and an ice rink. In March of 2009, the Town Council voted to approve the adoption of Ordinance 5, Series of 2006, approving the SDD and development plan for Solaris. Various amendments to Special Development District No. 39, Solaris, have been approved following its original adoption. Most recently, Ordinance No. 7, Series of 2009, was �a � Sl�L�7'Z6 Major Amendment Z • . , � approved by the Town Council, allowing for the conversion of a commercial space on the promenade level to a residential dwelling unit. The current approval allows for 200,858 sq. ft. of GRFA, and a total of 32,537 sq. ft. of net commercial floor area. This application does not increase the allowable GRFA, but results in a total of 79 dwelling units. There are no other changes associated with this amendment application. This application increases the total number of dwelling units from the currently approved 78 dwelling units up to a total of 79 dwelling units. The total lot size of Solaris is 2.643 acres, and the additional dwelling unit increases the density of the project from 29.51 dwelling units per acre to 29.89 dwelling units per acre. The proposed unit i5 a one-bedroom, one-bath unit, of approximately 926 sq. ft. As the building has progressed, this space is no longer necessary for this function. III. Parking Analysis Solaris will meet and actually exceed the parking requirement as provided by the Town of Vail Zoning Regulations. As currently proposed, 304 parking spaces are provided, while only 218 spaces are required for the uses on-site. The parking club still consists of 81 spaces (no change from the previous approval) and there are 5 excess parking spaces remaining. A complete parking analysis is provided below: Use Number of Code Ratios Total � Units / Sq. Ft. Dwelling Units 79 1.4 110.600 Retail 32,537 0.0023 74.835 Theater Seating 3,059 0.006060606 18.539 Restaurant Seating 5,611 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 229.109 5% Reduction 11.455 Net Required Parking 218 Parking Provided 304 Parking Club Provided 81 Excess Parking 5 � � Q .SlI�L�L7'16 Major Amendment 3 ., . ; � IV. Employee Housing Plan Because there is no increase in the GRFA, the requirement for employee housing based on Chapter 24, Inclusionary Zoning, does not apply to this application. V. 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 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 confinuous roof ridge running east west across the site which has been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. � S�7'Z�o Major Amendment 4 • . . � The materials are of the highest quality and inciude 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 Analvsis: 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. 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 5 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. 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 AnalVSis: There are no natural or geologic hazards existing or mapped by the Town on the 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 Analvsis: � a SlX�7'Z6 Major Amendment 5 � . � � 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 littie in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine ciimate, 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 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. � S�7`C6 Major Amendment 6 . ' '. ' � 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 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. 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 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. � �a S�tf�7'Z6 Major Amendment � � VI. Adjacent List of owners C/0 FINANCE DEPT VILLAGE INN PLAZA-PHASE V AUSTRIA HAUS CONDO ASSOC INC 75 S FRONTAGE RD CONDOMINIUM 242 E MEADOW DR. VAIL,CO 81657 ASSOCIATION VAIL, CO 81657 100 EAST MEADOW DRIVE STE 31 HIBBERD,FRED,JR VAII,CO 81657 ANN BISHOP 400 NW RIDGE RD VAIL VILLAGE INN PHASE III ASSOC 1ACKSON,WY 83001 VILLAGE INN PLAZA PO BOX 820 CONDOMINIUM VAIL,CO 81658 VAIL CORE CONDOMINIUM COLORADO REGiSTRATION, INC. ASSOCIATION, INC. 880 HOMESTEAD DRIVE, N0.25 CDOT VAIL TAX&ACCOUNTING,INC. EDWARDS,CO 81632 4201 E.ARKANSAS AVENUE P O BOX 5940 DENVER,CO 80222 AVON,CO 81620 VILLAGE INN PLAZA-PHASE V CONDOMINIUM MAURIELLO PLANNING GROUP, VILLAGE CENTER ASSOCIATION ASSOCIATION LLC PO BOX 5968 COLORADO REGISTRATION, INC POST OFFICE BOX 1127 VAIL,CO 81658 880 HOMESTEAD DRIVE NO.25 AVON, CO 81620 EDWARDS,CO 81632 VAIL DOVER ASSOCIATES LLC SOLARIS 4148 N ARCADIA DR VILLAGE INN PLAZA-PHASE V 2211 NORTH FRONTAGE ROAD, PHOENIX,AZ 85018 CONDOMiNIUM SUITE A ASSOCIATION VAIL,CO 81657 � TALISMAN CONDO ASSOC. COLORADO REGISTRATION, INC W.THOMAS SAALFELD PO BOX 666 62 E MEADOW DR VAIL,CO 81658 VAIL,CO 81657 VILLAGE INN PLAZA SONNENALP PROPERTIES INC CONDOMINIUM 20 VAIL RD ASSOCIATION VAIL,CO 81657 COLORADO REGISTRATION, INC. POST OFFICE BOX 666 VAIL VILLAGE PLAZA VAIL,CO 81658 CONDOMINIUM ASSOCIATION C/O ABPLANALP LAW OFFICE LLC, VAIL VILLAGE PLAZA POST OFFICE BOX 2800 CONDOMINIUM ASSOCIATION VAIL,CO 81658,UNITED STATES 143 E.MEADOW DRIVE NO.360 C/O SLIFER MANAGEMENT CO VILLAGE INN PLAZA VAIL, CO 81657 CONDOMINIUM ASSOCIATION 10SEF STAUFER VAIL VILLAGE PLAZA 100 E MEADOW DR#�31 CONDOMINIUM ASSOCIATION VAIL,CO 81657,UNITED STATES SALLY HANLON 385 GORE CREEK DRIVE-NO. R-2 VAIL,CO 81657 � .SU�LlG7'16 Major Amendment 8 D a� � � � � Irt W � � '.,� t... ,. . �"'l . �, e4�1 ,��:. � � m � o o � o � d o o � � w� � � . � � ��. ...._... � �� �, � �.. ► � -- �; ' o o m � o m o P o � ..,. � � � •�� - _ om � � ' s. ._. �j�o 0 0 0 0 /�o „ �� �o o %/ . ,� , , �o ;/�o 0 0 0 0 0 0 0 00„ sn` <:,/ /� . . �'� `�� �/� � , �, � , i• � _ �� - ._.�....._.e. i�.�. . ---- � � o 0 - � ', �;\ �`\. 0 i z' \ / ; � j�; ��o 0 o m o � o m o � ��\,o � a m o m o a o � � o �.�--� i.0 . � :' ; � �� �� . �� V�. o � o m o 0 0 0 0 0 0 0\.;, o 0 0 0 o m � o 0 0 0 0\ o �! � � � �� �2 i ii i ��.- A � a � /�.. .... � _M.._... � o ,i;;<; U.m o ;,�; .,. ,: � ��'i/.� O � � � � � � � � � O+ � 0 � � 0 � � 0 0 � � � � � ..... ,. ,.. i . � ��/ ��..� � 0 ��,�. Y j � �/�,%�� � ^�' m � � � m � 0 '�' 'm � '�' � � '�' '� 'm � m � � � 0 � � /��. � iii � � � � ' � p /\ � �� � � � 0 � � � � O 0 � � 0 0 0 � � � j/ ',l .�,� � � � ' ,�I � � lltl - m ___ ✓ � ' - �.%i;'i;'-. � � � � p I�. �'k �T-../ � 0 � � !/% � \�� � `\ � .... / i, � ., m p , i � .�.� � � � //o%�//°�°.'/°/°/�%/�%/�7 � � � � APPROVED I GARAGELEVEL I SCALE: ��6"='I'-0" ! AUGUST 10,2009 '�, —� � Ir—= — — — — � I � I II li ) � o—�; / �. m / / < `„ � , �;: :, ,� lf � a �_� �d�, � . �'� � :ti t , , f�:� � �� �i'? ;� °.:f � �: ., �. ..k. ..e..... ' ��,���'""_ �o 000 000 000 00 000 ! � I � II � � i � i �bN SY. I - I �OOOOO O00��1 1 , � � A � OO O O�O � • b � I � , . uPxX 4, I ����� . � _,H ,n.=—ffr—� ���i ' ; i 4 . �'i . �I�._����;, 0��'�. . �D.� f � J,� � �� -�- ..� � . m m .��-�, e � m � /� ��� �1� Aeru� nt,u� . . ° ° ° '/ ,._ . t RC.a� � L? o REra� � m m � ,t}�I��t--T11�,�` m o r qs�.,»r�T �1� E,+:�°� 0 ��� � �,. � ✓�°�'� " � '1 ., ` . �� V .:. l _ m m �.i� . ^'� . .f a � o � j��� : `` ��� ..... i ` :: � ..t -�.:.. . �I _._.__ /''� , .,:. � . m o t y„ �'.xrr �� �;� ��:�� ��.� ���� � ���. � �i.� , � �'� t � ,'�`-' � ��-_ _. .. ..._ _. �� q�� �� �� 4-- 2F�� , � , s ��� �."' �°� � i .� . ,r,� �; �1 ' " _ � ,� � ,C�� aErN� �a�N��� 4` r � =� �., t � �� ?`�� e b ��.� , ���� '�i �fr`u�tturx�r t r��� `T- . . . ~ �� ' .Fti:. , � � �. � . , � i ��i��t� � .�ti � � �� ��� �+ � - )� �F -- - ': �'_�.. . �i _ ..___ -• : `� � „` ��'� ' � L ✓ APPROVED , � - -- � ti _._ —_ -- ._ , � � , PLAZA LEVEL � ...._„ .::` „ '. ... � :� SCALE: �is"=��-�'� I .. ... ._. ..... . ... . .. .. . ....:�� ..... �._ ...... . ... '�^ _? �.. %� �i { ms : ,::;� AUGUST 10,2009 , � : _. I ,,.., , ,,,. _ - - -------.._..-- -- - - ___---- � � � • ' - � � • ' . _ . --- -- - --- --- -- -- - ---- - - - - - — - - - --------- ----- ---- - --- --- � oo� o00 00 000 000 000 000 0�0 000 ��i00000� � I� , �� -� � �--._.- �' ursx= '� � ', ' , /� ° ' ✓ � r ✓ _ o � 000 , „ . ,' 000 00 � 000000� � o � " a ❑ i I .. n�u.�t� �� � �� BELOw �� �060Y I � '� ,��� . 0.ESTAUMNT � .. ' � \ m m �.\ IVTCHEN = . I_ ' � = ��j{��, rt� �I — I!i 1.��� � � a� �\. �' vNV�TE — @J Lia++a-W' � �'4 OOM � -. { �. ' �� � : o1nWN � I " � .. M�f[lYlO ❑ �O� ❑ lM�ROYEF � l i �M — I � . � IAUMG! ��� � N - �l . � ' .. ' ' . , � � I .1`. Q � � \ � � rl �� _ �x lf i � \ `1 � . . �� % � a � C �X.�C. �, {n�"'."'`�^�� .f --i � . arruc p I�— cij� � er,� � . � ,. = i � cr.a - < ,t _ _ ; ��4 � � , 5 �� - :��� a� e d k'; —�� ��� aE.a � � . , "� ::...:�. 0 .F:O � m_ .. G a o j�T �� _.�. � � ��� . . o � i� � :,�,, ° o � � I . �tr � ��, � � I �� � � � ` ':1 � � o ,., , ; ql..; _ � ae�r.a t,��. �E� ��� ���;���� i��'�h'�. , � . I I o c �.� �,`. _ ' ° .=�1 ���.�,' L �..� _ rai ° , �%�. t . - h nestort 1rcnn� I ,, . _ : � y. ,.�1[ l.,, �� *t'_ uv�EP :.� REiN� ` .� l�l_I �� � _'.� . '-.� !, �. � � � -, � ��� ��� � � �j �� , o m - 1. . _ _.._. _ �I �� � i aEr.,k �/' C .rt _ �� _ ��, .� , � k ' � ' � . , � � �� � . . ._......_ .... ��� o ./c// {� � � ��� ..-- .-:::.� .,� . . y '�� `4 ' . . � � F' �� / �.-.a�-� 1�� � _.�r_ ` �,� _ %>- � � / .._. . � Re-ru��� �J / I � ��`' � % i i���. , � r� � ��y �� �� � 7�. � a�_., . � . Je ._ ti. . � I .� . .: , _.; '� �� t � ts � r��� �;� ' ��� .'x� ... ' n. � � � � � _ ,� . � �,� ,,._, •,� h +�a� ;, , I j � � o -� y� �} . j ` " 6 .''\ u � �i a y��;; i ;. � q�� � � `p-� :,� ""� l+ �i�'L i., � 1 RfuxlTiel L ��y�y�� C� .� ��, t �y x� ..�.�j ,rk"i„Ty ,..•� i ��tt �. _ L,T ' Z ��� ��"3 lit� , �r \� i r�. `�`� ���� r� �,�� s<:�' i i _: . : -�(,��,;s�u _ ,.. � � _ � , � . \ � . ..�r.�... � 4:*��"� . � . . . .._ , ,;. .. :.. tl-,.... I ?.� l� • ,,, . ...- ��� � ::�. • . .. i ._ ,- � .. . _ n,�.; � ��,,y � � � ,. ._._ ;. .. ,. . . . ... , ,.:. -: __. ...__. APPROVED _ _ - - � �, ;:. . PROMENADE LEVEL �x_ , `i ':.) l. ,'� {� I ti _ ,�-,. � ..,....-. .... " � -...�:" � SCALE: 'is._�,_�., �� � AUGUST 10,2009 . UNI' ��;,�y,yg«mn��..�,,.,„ �� a � '"7 _� a, l�t z', t . � SCALE: 1/16"=1'-0" AUGUST 10,2009 --� I � 310 .. ,.::�!::�. _�� i � i � � UNII �.:���sa�m»�..�:�,.......... �'. .., '�.� �. :�� �i � ;"Y LGV GL J SCALE: 1/16"=1'-0" AUGUST 10,2009 �J � . .. __-� .�:..�� � _—_'._"'__— .________—__—__—__—.I �7�•::,' .,'�i:. - iC .�:.. UNR 417 ��:. 'J'.t �.9 `_� �., thi 9�. t � � ., . . . :?S::x`. ;S<� �t�,.<?� � SCALE: 1/16"=1'-0" AUGUST 10,2009 i I IT a08 � ' � � I � I � � � I j I �, � •""«"^... . a',) �..J i.. :'t. id.. F ."1 Un UNIT uNiTSiz 11N1T51I � SCALE: 1l16"=1'-0" AUGUST 10,2009 IIT SU7 i i � � � :� i. i� E� � �; � UNIT 60 UNIT fi17 UNIT 810 � SCALE: 1/16"=1'-0" AUGUST 10,2009 T 607 WER VEL I IT 606 EVEL � I, i � � � : - UNIT 71 J ���?.��.,�.�...<., :� � �+ :fL. , Iti € ., �____..______. _-- UNIT 709 UNIT 708 SCALE: 1/16"=1'-0' AUGUST 10,2009 7 T 705 ���y� ._ � �.. ,��. t�': € �3 I ��....._.___.--- ----�---- � UNR 801 i nwFa�eve� SCAIE' 1/16"=1'-0" AUGUST 10,2009 ❑ � � �,� ._? i.. ,� (� ! �� UNIT 801 UPPER LEVEL � : . SCALE: 1/'I 6"_'I'-0" AUGUST 10,2009 i , .. , Solaris Square Footage Lost Calculations 7.28.09 � Unit Number Square Footage Lost Unit 307 73 Unit 308 57 Unit 309 14 Unit 401 26 Unit 402 54 Unit 406 73 Unit 409 13 Unit 411 10 Unit 414 3 Unit 415 73 Unit 416 77 Unit 501 72 Unit 505 73 Unit 508 10 Unit 514 47 Unit 515 19 Unit 605 73 U n it 607 10 Unit 613 47 U n it 614 19 a Unit 704 Upper&Lower 146 � Unit 705 28 Unit 706 12 Unit 711 47 Tota I: 1076 i � ORDINANCE NO. 20 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, Solaris Property Owner 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 September 14, 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 , by a vote of of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 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. 20, 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 District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The � Ordinance No.20,Series 2009 � Attachment C 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 August 10, 2009, 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. �, 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 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. 20,Series 2009 2 � • . . E. Density Controi: 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- nine (79) dwelling 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. 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); 1. The Developer shall submit a final exterior building materials list,typical wall section, � Ordinance No.20, Series 2009 3 , . , architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an appiication 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 s�.bmittal. 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 Devefoper 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.20,Series 2009 4 � . . . 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 shail 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 improvemeits. 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 diligentiy 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 developmentdistrict following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housrng.� 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 dwellingunits 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. 20,Series 2009 5 •, . 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 6'h day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 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 2ptn day of October, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No.20, Series 2009 6 � . . . i�► �" TO WN OF YAIL � THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on September 14, 2009, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final review of a variance from Section 12-13-4, Requirements by Employee Housing Unit Type, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for increased Gross Residential Floor Area for a Type II Employee Housing Unit, located at 1550 Matterhorn Circle/Unplatted, and setting forth details in regard thereto. (PEC090024) Applicant: Wolfgang Mueller Planner: Bill Gibson Report to the Planning and Environmental Commission of an administrative action approving a request for a minor amendment to SDD No. 17 Ramshorn, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a reduction of Gross Residential Floor Area and changes to the site and landscape plans, located at 416 Vail Valley Drive/Lot A, Block 3, Vail Village Filing 5 and Tract F-1, Vail Village Filing ''� 5, and setting forth details in regard thereto. (PEC090025) Applicant: Ramshorn Lodge Condo Association, represented by Fritzlen Pierce Architects Planner: Nicole Peterson A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an additional dwelling �\�� �`� unit, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and ��"���1;r'` setting forth details in regard thereto. (PEC090026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC �'v Planner: Warren Campbell The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published August 28, 2009, in the Vail Daily. � . � � , ,, , Special Development District (SDD) �,,, Application for Review by the �. ,` Planning and Environmental Commission ������ � Department of Community Development 75 South Frontage Road,Vail, Colorado 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 ❑ Floodplain Modification $400 ❑ Minor Subdivision $650 ❑ Minor Exterior Alteration $650 ❑ Exemption Plat $650 ❑ Major Exterior Alteration $800 ❑ Minor Amendment to an SDD $1000 ❑ Development Plan $1500 ❑ New Special Development District $6000 ❑ Amendment to a Development Plan $250 ❑ Major Amendment to an SDD $6000 ❑ Zoning Code Amendment $1300 � Major Amendment to an SDD $1250 ❑ Variance $500 (no exterior modifications) ❑ Sign Variance $200 Description of the Request• Major amendment to allow for an additional dwelling unit. �, Location of the Proposal: Lot: P Block: 5D Subdivision: vaii Villaqe Filing i Physical Address' 143 E. Meadow Drive Parcel No.: Zloioazoiooi (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Special Development District #39 (underlying zoning of CSC) Name(s)of Owner(s): soiar�s Property Owner, LLc Mailing Address• 2211 North Frontage Road • Vail, CO 81657 phone' 970-479-7566 Owner(s)Signature(s): � Name of Applicant' Mauriello Planning Group Mailing Address: Po sox iiz� Avon, co ai62o Phone: 970-748-0920 E-mailAddress' dominic@mpgvail.com FaX 970-748-0377 For Office Use Only: Fee Paid: Check No.: By: Meeting Date: PEC No.: Planner: Project No.: � F:\cdevlFORMS\Permits\Planning\PEC\SDD10-18-2006.doc Page 1 of 7 1/4/06 • , , *******+**+************************************++******************************************+ � TOWN OF VAIL, COLORADO Statement *****************************+*******************************************************+*�*+** Statement Number: R090001004 Amount: $1,250. 00 08/10/200903:33 PM Payment Method: Check Init: JLE Notation: 3642 SOLARIS PROPERTY OWNER ----------------------------------------------------------------------------- Permit No: PEC090026 Type: PEC -Maj SDD No Ext Chg Parcel No: 2101-082-0200-1 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 ************++****************************************************************************** ACCOUNT ITEM LIST: Account Code Description Current Pmts -------------------- ------------------------------ ------------ PV 00100003112500 PEC APPLICATION FEES 1,250.00 ----------------------------------------------------------------------------- � � I , �; , � , � � Application for a Major Amendment to Special Development District No. 39, Solaris, to allow for an increase from 78 to 79 dwelling units _ � :._ , ,_. ... �� i ,�� � .�`� ,.r� - , `�r,>.. � _ � N� � � - . '� � _' � ;� T� y ;�:� ����'" - ;,�►� , t �,:�.�!�, , �,; - �.�,. � �;: ,, �_, � , �� . .- �� � :� �� � f � r � I ' y 1}1..� t i� '�� _ �� � � - : - .; � � 7 s �.��4 � f • � � � �f' '.�_ �`! � � �� � � � �. � ,��� "41 a :;'� ` ,��,,�� y �� :� ���"��. � � � , + � . - 4��:� ��� ��F: � �' �' , � �` ��� - ��i�9+� � _ - ;�= � �h v t �; � � ��� � `�,+,�� . ;� � . �; : . �' �,� �� _ �r. � �� ' ����" 1�� - ' , ��� - v��-�';�r� a � � � � }��r � �� � � ��.� _}� µ+ : i: _ �. .c.�i' �, �, „� �'�" ``' � I�.^��g��;. '�,., ,a:. �+:' L�{y � �p,'■ 1°� .. � ,y � � 4M�_�k`.:d .. � `.�T �� / '�' �:�+ b t' :1,� s_ . � � ,� • .�� ��t i�;.F' � ._ J �t,�-�]�p�,. �', '+� y ` ,, � : _ �.,-.... ..'`�...."�` �_ ., � �� . -' cs� '��� �� � � . ' �• . .�� � . �x �m h a . '� �. - .. + _....`Ttl�..t.. r?t � � . , � Submitted August 10, 2009 , I Mau►iello Plsnning Group � _ i : � . . . � I. Introduction We are requesting a major amendment to Specia) Development District No. 39, Solaris, to allow for the addition of a dwelling unit, increasing the total number of dwelling units from 78 to 79 dwelling units. The dwelling unit is being added at the lobby level in a space that was previously considered support office for the project. There is adequate parking for this use. This change has occurred as a result of continuing refinement to the project throughout the construction process. A large storage area has been created in the loading dock area. Storage was previously accommodated in areas adjacent to the lobby. Freeing up the storage space adjacent to the lobby allows for these areas to become much more functionat office spaces. The space that is being converted to a unit was located inconveniently- physically separated from the lobby-and required access to occur by entering the residential hallway. (See plans below, a full-sized set has been submitted with this application). Existing: -- \ ,� i, ...�u�r�n iwr�t+ � \-__ __ �( '�-�� ao a •-_� W o �• o — � Y h+: � '1:I n •ANYA .. v OO � • � ' ' `� � ' rO � a , . � , - - - ,.. � . ■� ' y � �.r.,,, � �� 7 � o a _ ` _ = O °O 0 en e � €❑ 0� 0 0 ❑ ` � ��« � / � � � � . J � w+n.� n � a o / � • w.�« �Mrs� _ \.. • li •.. O, / uMiop \ I ' � w.n�n 0 ❑ APPROVED LEVEL 3 srx�; ,�,r=,o. AUOUiT 1D.7[10Y � .50��Major Amendment 1 ' ' ' , � Proposed: rit���, _ � �.,r, ,...», � �-- - ,�"'�.-. �-� �, � w,�» . , .� n � e p o00 � 0 � ° � ' o , . .O � . ' _ . � � •sy� 4 ,r*�. �7C7` •� o � n�e ■ 0 O — a i,rutit a O n n O � � ` ❑ . .. �� ❑ . . �, � � '. , . f� 1 ❑ �O uwr�w __ � / � ` \ ' _ _._� . ` u�R�� n E� � o f' / ` � o wrw wyr x� `.. I�. . , O _ / �{� \ I• Q uwh�ot O ❑ � PROPOSED LEVEI 3 sr.uE: ��iE-=,o- �t.:i�l:.l IU%U(,9 This application for an additional dwelling unit does not increase the allowable GRFA currently approved for the Solaris project. Changes to the interior of the building throughout the construction project have eliminated a total of 1,076 sq. ft. of GRFA from the total GRFA of existing units. Plans indicafing where mechanical chases have been added and/or GRFA lost has been submitted with this application. As a result, this new unit consisting of 926 sq. ft. of GRFA wil) not increase the total approved GRFA of 200,858 sq. ft. In addition, there are no impacts to the bulk and mass of the building, and no modifications to the exterior of the building. The new unit is not subject to the Inclusionary Zoning regulations as no new GRFA is proposed. However, the new unit does require addifional parking, which is available as there is excess parking in the project. A new parking analysis has been provided. II. Background On January 23, 2006, the Planning and Environmental Commission recommended approval of Special Development District No. 39, Solaris. In addition, conditional use permits were also approved for a major arcade, a movie theater, meefing rooms and convention facilities, a private club, a bowling alley, and an ice rink. In March of 2009, the Town Council voted to approve the adoption of Ordinance 5, 5eries of 2006, approving the SDD and development plan for Solaris. Various amendments to Special Development District No. 39, Solaris, have been �,. approved following its original adoption. Most recently, Ordinance No. 7, Series of 2009, was .SO�L�C7`!6 Major Amendment 2 � . ' ' ' , approved by the Town Council, allowing for the conversion of a commercial space on the �, promenade level to a residential dwelling unit. The current approval allows for 200,858 sq. ft. of GRFA, and a total of 32,537 sq. ft. of net commercial floor area. This application does not increase the allowable GRFA, but results in a total of 79 dwelling units. There are no other changes associated with this amendment application. This application increases the total number of dwelling units from the currently approved 78 dwelling units up to a total of 79 dwelling units. The total lot size of Solaris is 2.643 acres, and the additional dwelling unit increases the density of the project from 29.51 dwelling units per acre to 29.89 dwelling units per acre. The proposed unit is a one-bedroom, one-bath unit, of approximately 926 sq. ft. As the building has progressed, this space is no longer necessary for this function. III. Parking Analysis Solaris will meet and actually exceed the parking requirement as provided by the Town of Vail Zoning Regulations. As currently proposed, 304 parking spaces are provided, while only 218 spaces are required for the uses on-site. The parking club still consists of 81 spaces (no change from the previous approval) and there are 5 excess parking spaces remaining. A complete parking analysis is provided below: Use Number of Code Ratios Total Units / Sq. Ft. �, Dwelling Units 79 1.4 110.600 Retail 32,537 0.0023 74.835 Theater Seating 3,059 0.006060606 18.539 Restaurant Seating 5,611 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 229.109 5% Reduction 11.455 Net Required Parking 218 Parking Provided 304 Parking Club Provided 81 Excess Parking 5 � .SDL�'Z6 Major Amendment 3 f , �; ' ' , ' , � IV. Employee Housing Plan Because there is no increase in the GRFA, the requirement for employee housing based on Chapter 24, Inclusionary Zoning, does not apply to this applicafion. V. 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 rhe 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 communiry 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. Compadbility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties reladve 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 been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. � ,50�7`Z6 Major Amendment 4 i � . . . 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 proporfional 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 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. 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 5 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 secfions of the Urban Design Guide Plan; however, this plan is not applicable to this site. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the 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 Analvsis: � ,SU'�Major Amendment S I a ',R • ,, • � 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 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 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. �. ,SU'�7o Major Amendment 6 . ; . , , � 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 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. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, funcdonal 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. � ,SOL�l.7 t6 Major Amendment � a t . � ,. VI. Adjacent List of owners �... C/0 FINANCE DEPT VILLAGE INN PLAZA-PHASE V AUSTRIA HAUS CONDO ASSOC INC 75 5 FRONTAGE RD CONDOMINIUM 242 E MEADOW DR. VAIL,CO 81657 ASSOCIATION VAIL,CO 81657 100 EAST MEADOW DRIVE STE 31 HIBBERD, FRED,JR VAIL,CO 81657 ANN BISHOP 400 NW RIDGE RD VAIL VILLAGE INN PHASE III ASSOC JACKSON,WY 83001 VILLAGE INN PLAZA PO BOX 820 CONDOMINIUM VAIL,CO 81658 VAIL CORE CONDOMINIUM COLORADO REGISTRATION, INC. ASSOCIATION, INC. 880 HOMESTEAD DRIVE, NO. 25 CDOT VAIL TAX&ACCOUNTING, INC. EDWARDS,CO 81632 4201 E.ARKANSAS AVENUE P O BOX 5940 DENVER,CO 80222 AVON,CO 81620 VILLAGE INN PLAZA-PHASE V CONDOMINIUM MAURIELLO PLANNING GROUP, VILLAGE CENTER ASSOCIATION ASSOCIATION LLC PO BOX 5968 COLORADO REGISTRATfON, INC POST OFFICE BOX 1127 VAIL,CO 81658 880 HOMESTEAD DRIVE NO. 25 AVON, CO 81620 EDWARDS,CO 81632 VAIL DOVER ASSOCIATES LLC SOLARIS 4148 N ARCADIA DR VILLAGE INN PLAZA-PHASE V 2211 NORTH FRONTAGE ROAD, PHOENIX,AZ 85018 CONDOMINIUM SUITE A ASSOCIATION VAIL,CO 81657 � TALISMAN CONDO ASSOC. COLORADO REGISTRATION, INC W.THOMAS SAALFELD PO BOX 666 62 E MEADOW DR VAIL,CO 81658 VAIL,CO 81657 VILLAGE INN PLAZA SONNENALP PROPERTIES INC CONDOMINIUM 20 VAIL RD ASSOCIATION VAII,CO 81657 COLORADO REGISTRATION, INC. POST OFFICE BOX 666 VAIL VILLAGE PLAZA VAIL,CO 81658 CONDOMINIUM ASSOCIATION C/0 ABPLANALP LAW OFFICE LLC, VAIL VILLAGE PLAZA POST OFFICE BOX 2800 CONDOMINIUM ASSOCIATION VAIL,CO 81658, UNITED STATES 143 E. MEADOW DRIVE N0.360 C/O SLIFER MANAGEMENT CO VILLAGE INN PLAZA VAIL,CO 81657 CONDOMINIUM ASSOCIATION JOSEF STAUFER VAIL VILLAGE PLAZA 100 E MEADOW DR#31 CONDOMINIUM ASSOCIATION VAIL,CO 81657, UNITED STATES SALLY HANLON 385 GORE CREEK DRIVE-NO. R-2 VAIL,CO 81657 � ,SD'�Major Amendment 8 . '. � � �I --i Q U' � �' cn � — N � � � � T � 0 � � � o oo � < � p Q � Q � �� _ V� � v' (D n � G V � � Q. � � C C � � � � � � � W � < < (D � O � � � '•+ � C�D ��,: � �• rnoonD G � � C� —' < �. �. � � N -• aa D � � D r:; � O O cn � ►'• W , r Q� r Q rn r �:: D = DOD tri �' < n r � -? p O y D rn � � rn rn r Y• cnrn � -1Z ;� oo � DD '•� n -`�'-i00Z ,� o� � � m m Z �.. v' Dp � '� py � � �� � ='S� � � V' N 1�,��` D � N � '� c,°�a � � D r� m � D � v � D = � � m n m OO rn °� ZO � ' < n W O cN„ Z (� � o � !] H � �Z t; H Z — X C X p � N � = u m � - � � y - 4+ � .. � (n - �1 Z - Ut lY �' - in ,,,,a.;w.�... Q C ;,:z;`:,:,-, � �-�I?wF n _ � Ca�i � �`., "�a� (5 Zl�l!'i dt D _ O Z nt 4� ��' {%�o _ �B Ti3-1 � —i -`'t: _ � �3-I O - Ot �',17C tJ O Qt OA Ti� 'rJ - _ _, —r �D f'-i+'4' . � �'aaI " � �� �0 �?iRl:L Z ''' - sfi t'Iri: '� `,� - 0 i3i ,� '-��"'� T: �'t I����.y� '-� 'i � ��:� ; �i � � _ 0 m� . -- �"i' �r. n c� m.: �t z�� , : � �it'�1� = H 00I�� �`$�::. — F+ �}l3ni — � �-0-;i'_ '� ��'i� A ` n � �: � �Y ,-- �i 15(5:�j .- �fl ]��PI � � . � � ; i :D��1 - i �r�l �. , — 6 r� � � — C! !7 tR � C ' i �� ci .-- [«3 £ C3 '� � ° q a s ` F;; z _ � 7� " _ o ` — � � - '' � j _ tt� �j . � � - ! `.. _ F.1 1.:7 ,,,_ �.f°'r i+ — � � I ! � I � � � 3 � � �: ss u sbi y i � � s yV�} i v �! �:. � "� t i i, n �I_`� � 'i �� ' r � i i { � t �� , + � � . l ,� � C v � � v � �� � � �� � � � ' � O � O � � O � � � � � Q Q oo � < o�� _ o, Q Q. � � o � c�D (� o � o � Q � c Q � c � � � � � p � (p < � cD �p O p � � (D L' � ar DO � .� ,�� p � C� D < � � r °� D ;;i D = � OD � DOm � D � DD '-'-' lTi Ui � �. ,�,,, Oo �O (� L. N r7i � � �` � 0�0 � + �� ;}i (� rn � � Z ..a� � � � � � rn � � D � G� N � � �� .� �`� o. � c.� D � Q � '�:. N < D (� � (� �_ !�T� � O D ZO Z O � Z O z — cN„�.._ � m � _ = n z _ .. ,� C = � � - - � � � - - 'r -� -' — (ri ' - _- Ut p - � ,_�Y v Pi M .r _ !n Cr'�7 = ;�y — O Z H I�i i� � � f�: � DC-i � _ � T�3f — !i w �'.T��'i ' ' {j U1 'd'��a = � y,. LD i,Y � � a --��'-i ?� .2��� { _ v�i�J �Q�y r Rqp� Fy f� � � I�S �i/V} �� - ��� � � }' �fflE'1 . '.� �CrJ � � � � ! ���� -J �3it " A a — �t '�C'.E; t - � � ,,_ � ��3.0'� +� �- ��. - � �' � - d C7� �, _ — CD i� £� I , _ - ti� ui i� - = C� ?n q — — # Jl �, _�F - - �` � - i _ 4; 5-�'- �D, � - > �. �� � � ' _ � I� � � � � �1 1 _ Y • • , � � � � TEIECOY M/JNTNWINCE � � WI10E � � � 0 � � � � � 0 � �^ � � � vumxa a�v s r�aucrnxioarm � � UP� � � YECHANICAL � " � I I oOME9TL FLEL qLPUYP WAIFRPUMP Gqls RWM �?d 6ENEMTOR � MECHANIGL � � . tonwoon _ _ �c � � . 1�4] 89.+9 eruna� 0 0 0 0 0 0 o Q o o � :� EMEIK o narte riwx nr � 0 6�+1" � � � b+ � �� ��_ O ELEC - � TRA6NRM � - . o 1 p � / / � �� �avr usr c�nr cw MECXROOM 0 O � � 0 � O � Q � / ELEV VEST /� �� O � 0 O � 0 O � � /� � . /� / E�T � � � //� �� � // /// O � . STAIR r�rv�rza.unae�� o � � ■ �uv � � � � � �� o �� ���, E«,_ o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 � o 0 0 ����� � \ UP�� % ; / '� � � . �� ���� � 0 0 0 0 0 0 0 0 0 0 0 � o 0 0 0 0 0 0 0 0 0 0 0 ,�,,�: � / o '% ,�/ ';�� � _� o i ° , PMqNG6AY] nw�rzruour.m OO O 4�9 UP // 0 %� /// / /j / � � +�+" � / ELEVVFB�IBIRE /Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q � �, o / o�o 0 0/' o � � o ° 0 �o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o � / ����� 0 rnawNO e�v x N.�.e...oa..co � � O �� ��''% .,p. � ��i�� � 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ' E�K �j� o p mesH ai / i C� �—�� � � /' i � o ° i �j \ � ICE 0.NK YEdt 1 I � .ipp E�, � � cersr�Krea�z C� � � / nni �. � E' MAIl6 E� _ — _ _ u -- p " o - = o 0 0 0 , � o o ° j �x�, - / � � � / .�`.� . �_`\ / � w� o o � ? /�' PANIOMG B�Y t O 1 i � C SOLAR I S � � c� � �i �r � .1 AUG 1 � 2009 TOV1/h1� O� \/A I L � %' 9 0 �� > >s � o %��� �� � � . o 0 0 0/ � � � i o 0 0 0 0 � ° � � � ����� � APPROVED W��� GARAGE LEVEL SCALE: %6"= 1'-0" AUGUST 10,2009 . , . � � � � � , - , — -- _ � CMPT CMP�i CMPT CMPi CMPT CMPT CA1FT CMPT iCMP� CMPT II I I � 0 i 37 0 o O O O O 97 O 79 78 ]7 78 l5 74 O 72 i 71 70 O O 87 � � I � DN So� I � ' UP 5°/a � � o .� o 0 0 'o 0 0 ° e, o o °� �', � � ° _�_° � 0 -. = a '� ' g , � — - o--- � � - m �PT y � ; CMPr CMPT AV CMPT CMPT o � <a o s, s= o 0 0 o s, O� ° / i u 6 / b ' � � ( / � ���/ _ _ ° �, ° ° UP 2°h = 1 I � �,'; ° _ , —=-- -- -- 1 -� � --- - -- ; ' ' �` j ,- e ; o ,, i a ❑ ❑ ;;❑ � �� __ � � � m m j � _ _ m` , � '� �, , I _� „ ■ m m ■ - - � '� m e e m e ,�� • , � � ,.,[.�O �I�I, m m m m RETAIL RETAIL m m m .;.i' � s m RETAIL RETAIL m !/\� O � RETAIL �I O � � I ---rtrtmrnRITT� m ;�; _- I RETAII � � ,�/ � � . ��, RESIDENTIAL � . � . UNIT 101 ., � � � � � � RETAIL �,. . . � . � � � BOWLING/ i� � � � ��� � �� . ..� . � .. i- ' �-- LOUNGEI ''1 �� ��� �� , TMEATERS/ /� �__� '..L . ' -. � ��-:.. RET/JL RESTAURANT .. _ -- y� a�� � RESTAURANT ,�.. ��.-; � � �`�\ '�,� % . b � �I� � � i /� �`� m m � � ,: � i � �� �,�. � ,M��--���� 1 � ��� � , �� o �� � i °� --- � — —� � m % �� ��`-" !/ ---------- � —�,�" ��-� . — — _ � � � �, � —_ �� _ , --_ ,, '� � , �,� �- s_ �� , � � _ �. �_ ;� ��� � , i�� � ' a a �� m �� ,. . � , ; ��� �., . �,,, , � '. � . �:�. - -___- � 111 ��� RETAIL / _ , ;: � . `6� '' , � �'' ����'1 m m �, �� � % <<� � �� 1i���� m RETAIL B / . � , ,',, � IC / � '- I �'Y` _ , - I ��"� —� � � � I / �=----���� g 1 A ;� � �o.. i i l, � � � i �._. j� � � —_ � � --_— �,J 1 LJ� �� � — I — — — — — — — — CMPT CMPT CMPT — — — CMP� — — — CMPT — — — CMP� — — — CMPT � CMP� _ — — CMPT CMPT — — — CMPT— — — — — — — I�� � IO� 37 O 35 O O 32 31 30 O 4B 47 � p5 24 Q O 21 O 118 19 1B 17 '19 �5 14 77 12 71 � � ��� \ � '_'� _—"_'_' '�, C� I � p UP 5%� � oMVr � , ' 0 '� ,��. CMPf � r V r ° � \ � ❑� �❑ CMPT � i 48 47 46 Q O .O� N O- I i �� o 0 o O �µ O 14 I7 O 70 0 0 7 8 5 � � � ✓ a i � /I ---:.--- ' � - � �' ; �TMEATER � � � _____________ x �-c � . .__ ,',:.� � BELOW � i L088Y ='''::. i� �., RESTAURANT r� � '' RESIDENTIAL UNIT 701 UPPER 01 0 0 m 0 RETAIL m m RETAI� m m _ RETAIL I 0 � Qj @ A•. - RESTAURANT ° o KITCHEN � PRIVATE � �'i � Illr� DINING/ � MEETING � � ROOM LOBBY � LOUNGE 0 i � o C �- I � � �� C �� f_— � r � RETAIL C C RETAIL B m a � �� T /'%.! � .i �i %) /// ';.i EMPLOYEE ROOM m m m RETAIL � RETAIL m m m rL'T'� F m m ��-� ;-� � ,-�-r� = ti'�, x m ���T� RETAIL � O —�_i-'_ _ � �±M1,-� m � � ��+���J� \..� � , ri_ '. � r �rl-�!-�� � \ I tY_ � � RETAII �� � � � � � 1 i � . I.� RESIDENTWL I'�, � � � UNff 207 � � �i � ��1 � �� 0 0 0� �� O��oO�o �I ' �O � �� � � OO� OO���� � O ���,� � � �;w � �� o0 0 0 0 : C _____— '�---_-__--�- -� -�--_� - _�� _---_ � �� S O L A R I S ______________=°==°=°°==°=_----� ___=_� _ ------ ,�I — �, ���� %p , • ��� �`w�wa4� -y�i^J % P/ � j/ ,- J� � O���i �-����'° / EP i,- e N N -1 3/4' /Q I'`�� . � � .��g:y't���t ;+�ir�Yi�a O ��O���S APPROVED PROMENADE LEVEL SCALE: %6"= 1'-0" - .- AUGUST 10, 2009 al..�:��'�- W i � N� LJ.. W � Z W U w Q ' J J i �— _- UNII _.l<,��33�- �� � �. SOLARIS LtVtL s SCALE: 1/16"= 1'-0" AUGUST 10,2009 14 SQ FT 57 SQ FT � � UNI7 � �� �„ A � � � LtVtL .3 SCALE: 1/16"= 1'-0" AUGUST 10,2009 14 SQ FT 57 SQ FT • , � � '' __ _ �-T�` �� SOLAR I S 27 SQ 37 SQ 13 SQ UNIT 4 54. 17� 9S ��. �� � SCALE: 1/16"= 1'-0" AUGUST 10, 2009 Q FT IT 408 UNIT 512 UNIT 511 i � � 0 � �� l, AR I � � UNIT 60 UNIT 611 UNIT 610 LGYGL� V SCALE: 1/16"= 1'-0" AUGUST 10, 2009 IT 607 WER :VEL ! FT I IT 606 EVEL 0 0 0 UNIT 709 UNIT 708 �Y � . ' . I UNIT 801 LOWER LEVEL LGYGL 0 � SCALE: 1/16"= 1'-0" AUGUST 10,2009 SC� LAR � S . � � � � . � � • UNIT 801 UPPER LEVEL LCVCL � � SCALE: 1/16"= 1'-0" AUGUST 10,2009 SOLAR I S i��� �*�� r�� ,• i, jyy� � � - l� i a? ° H {�S�k; �,. -�:i`7. .. ------_________ - A. � _�__,: � 6. �l ,. , y + � „ ,. , _. f`rJ � ! �- . .� I "�°�,-�..,._.� .. M M ���+.q.,, � i.- $4 . � ,� � _ =�..., « P.,,.,...�� a � _, --�- - ��/'�� - y � �. . -�.�_ t �.�--!� -\. . , , . ; � , � ��: . ;�---� , w �, _� �.- � �, _ ���� , � - � - ' � ��:...,-, �t_ _ ,��_ ����OR�� _ ., : � ,.k; �`_h, r ..%"r BARNES COY EDAW . ARCHITECTS S �_) L /� R I S ' � ,y �� � '�►,�—� � .--�, �5.�ME w ='" > ., _�---1`� ` _- r.�`y - �,=� ,/,�� V' ! � - __ � C .� -- V s \ a � ` \�.` o ` r. h/ \s P Stage Note: This plan�ep�esents one possible special event scheme. Plaza Plan - Special Events " o• �s� sr ae� February 21, 2007 sz