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HomeMy WebLinkAbout2007-03-20 Support Documentation Town Council Evening Session PART 4 OF 4MEMORANDUM `~ TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 26, 2007 SUBJECT: A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 69 units to 75 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1; and. setting forth details in regard thereto. (PEC07-0004) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicants; Crossroads East One; LLC; and Crossroads West One, LLC,- represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12=9(A), SpeciunDs from 69 unitDs'to 75 un is located at 141 allow for an increase in_the number of dwelling and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the- applicable elements of the Town's plan s ~e ommend rag the P tinning criteria for review, the Community Development Department and Environmental Commission forwards a recommendation of approval, with conditions of the applicant's request for a major amendment to Special development District (SDD) No. 39, Crossroads, to the Vail Town ;Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicants, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 69 units to 75 units: S ecial Development District No. 39, Crossroads, was establishss onyon March 21, 2006 to p the recommendation of the Planning and Environmental Commi facilitate the redevelopment of the existing CAov c n'ty map has been attached for3eference Drive/Lot P, Block 5D, Vail Village Filing ' (Attachment A). The applicant is still proposing to remove the existing improvements on the site.and construct a new structure and public plaza. Accra the C mmerOc al IServ~ce Ce ter Zoning Map, the proposed development site is located Vail Town Council Attachment: 6 (CSC) zone district. As such, development on the site shall be governed by the regulations outlined in Article 7E, Commercial Service Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 69 to 75 'and the retention of the incorporated five (5) lock-offs. A proposed deviation from the allowable number of dwelling units (53) which is 28 dwelling .units greater; A decrease in the proposed Gross Residential Floor Area (GRFA) from 199,830 square feet to 198,859 square feet. A proposed deviation from the allowable amount of GRFA (45,080 sq. ft.) which is 153,779 sq. ft. greater; • A decrease in the number of subsurface parking spaces from 338 to 299 (84 in excess of Town Code); • A decrease in the landscape area from 47,192 square feet to 43,316 square feet; A relocation of the approved- public restrooms located within the subterranean parking structure to the at grade plaza level in the southeast corner of the plaza; and • A decrease in commercial space from 58,804 square feet to 45,160 square feet of new retail and restaurant (does not include theater and bowling alley area) space at the pedestrian level and one floor above surrounding the public plaza; A reduced copy of the floor plans and elevations dated January 15, 2007; have been attached for reference (Attachment B). A copy of the text detailing the application entitled Application for a Maior Amendment to Special Development District No 39 Crossroads, and an amendment to the Conditional Use Permit for the Private Parkin4 Club dated February 15, 2007; is attached for reference (Attachment C). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units), Gross Residential Floor Area (GRFA), and landscape area. III. BACKGROUND • This property was annexed into the Town of Vail by Court order on August 26,1966, as a part of the Original Town of Vail. . The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. The Crossroads property is one of three properties zoned Commercial Service. Center.. The other two properties are the Gateway Building and the WestStar Bank Building, both of which are Special Development Districts. On January 3, 2006, Staff went before the Town Council to discuss two options regarding the review of the proposed Crossroads development. Staff recommended that the option of looking at potential amendments and updates to the Commercial Service Center zone district and Vail Village Master Plan was the appropriate course of action. At that meeting the Town Council voted 5-2-0 (Logan and Slifer opposed) to proceed forward with the Special Development District review process and to not take a look at amending the Commercial Service Center zone district and Vail Village Master Plan. In addition, they affirmed four assumptions staff has made in the previous review of the project. On January 9, 2006, the Commission held a work session to discuss the need for 2 any additional material other than that submitted to aid in the review of the proposed Crossroads redevelopment. The Planning Department Staff recommended that a physical model which included adjacent properties to the Crossroads site be submitted to aid in the review and understanding of the project. The Commission found no physical model of adjacent properties and that no other additional information was required in order to review the proposal. One member did suggest a desire to have some demonstration of height of the proposed structure on site or in the vicinity. On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the. conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). On March 21, 2006, the Town Council on second reading of Ordinance 5, Series of 2006, voted:4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. IV. ROLES OF REVIEWING BOARDS Maior Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, acid final approval by the Town Council. Planning and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter, 12-9A, Special Development District, Vail Town Code. Design Review Board: The DRB has no review authority on a SDD proposal, but must review any accompanying DRB application. The DRB review of an SDD prior to Town Council approval is purely advisory in nature. Staff: The staff is responsible for ensuring that all submittal requirements are provided and plans conform to the technical requirements of the Zoning Regulations. The staff also advises the applicant as to compliance with the design guidelines. Staff provides a staff memo containing background on the property and provides a staff evaluation of the project with respect to the required criteria and findings, and a recommendation on approval, approval with conditions, or denial. Staff also facilitates the review process. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The. Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Village Master Plan The Vail Village Master Plan is based on the premise that the Village can be planried and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses.on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specifc steps that can be taken toward achieving each stated goal. Policy statements have -been developed to guide the Town's decision-making in achieving each of the stated objectives, whether,it be through the review. of private sector development proposals or in implementing capital. improvement projects. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are.the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. As noted on page 35 of the Master Plan, "It is important to note That the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of~the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) 4 The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto franc 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 Perm goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail inftll 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 out': #1-6 Crossroads Intill Commercial inftll 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 in~ll 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 sfreetscape improvements.. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access also exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. Town of Vail Zoning Regulations Staff has reviewed the Town of Vait Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permifted types of buildings and uses, and to maintain a convenient shopping center environment for permifted commercial uses. Article 12-9A: Special Development (SDD) District (in part) Section 12-9A-1: Purpose: The purpose of the special development district is to 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 rovision of streets and ut~l-ties~ to reserve the natural and scen-c 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, m conjunction with fhe property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The special development district does not apply to and is not available in .the following zone districts: Hillside residential, single-family, duplex, primary/secondary. -The elements of the development plan shall be as outlined in section 12-9A-6 of this article. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards are shown in bold text in the table below. December 12 2005 PEC Recommendation of Approval The following is the zoning analysis of the proposal the PEC recommended approval of with conditions on January 23, 2006. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front (Meadow Drive): Building Height: Density: GRFA: Site Coverage: Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20~ 3' to 19' 20' 3' (loading dock) to 25' 20' 0' to 25' 20' 0' to 150' 38' 99.9 ft. 18 units/acre 47.5 D.U.s 46,051.6 sq. ft. (40%) 86,346.8 sq, ft. (75%) 26.1 units/acre 69 D.U.s 199,830 sq. ft. (173.6%) 107,772 sq. ft. (93.6%) Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft. (20% total site) (41.0% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 18,581 sq. ft. (80%) (39.4%) Maximum Hardscape of total permitted 4,605.1 sq: ft. 28,611 sq. ft. (20%) (60.6%) Parking: 235 spaces 338 spaces . (103 surplus spaces) January 15 2007 Proposal The following is the zoning analysis of the currently proposed major amendments to SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. . Development Standard Allowed Prop129 sq. ft. (2.643 acres) Lot Area: 20,000 sq. ft. 115; Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 0; 0' to 19' ' West Side: 2 2' (loading dock) to 25 East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 28.4 units /acre 47.5 D.U.s 75 D.U.s GRFA: 46,051.6 sq. ft. 198,859 sq. ft. (40%) (172.7%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433. sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 %) Parking: 215 spaces .299 spaces (84 surplus spaces proposed to be in private parking club) 7 VII. VIII. A. 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 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 ifs most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." An approved development plan is the principal document in guiding the development, uses, and activities of the Special Development District (SDD). The development plan shall contain all relevant material and information necessary to establish the parameters to which the special development district shall adhere. The development plan may consist of, but not be limited to: the approved site plan; floor plans, building sections, and elevations: vicinity plan; parking plan; preliminary open space/landscape plan; densities; and permitted, conditional, and accessory uses. The Town Code provides nine design criteria which shall be used as the principal criteria in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance.with the nine SDD review criteria: Consideration of Factors Reaardina 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 8 orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 69 to 75 and decrease the GRFA by 971 square feet. These changes are accomplished within the approved bulk, mass, and height of the structure: The reduction in GRFA is a resul The eeareeno changes toothe approved he ghts andf s tbacksrof the number of urnts. structure. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding usll n aunits otn the site staff wpl focus on this aspect amendment will affect the number of dwe g of the proposal and its impact on this criterion. The above criterion specifically identifies the proposed density of a project as needing to be compatible with surrounding properties. This property is restricted to 18 dwelling units/acre per the underlying Commercial Service Center zoning. The applicant is proposing a density of 28.4. dwelling units/acre with 198,859 square feet of GRFA. The neighboring property to the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre, which the new development has proposed 8 dwelling units for a density of 2.9 dwelling units/acre with 135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel was substantially accommodation units (123 units) and fractional fee units (14 units) which do not count towards density. The adjacent property to the west, Vail Village Inn Phase III (SDD #6), is limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance however, it identifies a adopting SDD #6, it is not clear the number of dwelling units allowed, minimum of 148 accommodation units and 64,267 square feet of GRFA shall be located in Phase IV of the project, however the overall project has a much greater density. As can be seen the proposed Crossroads project has a greater density than the constructed or proposed neighboring properties and more GRFA. In the previous memorandum to the Planning and Environmental Commission staff provided an analysis of the development potential shifted from the area to be devoted to the public plaza to other portions of the site. Staff showed how the GRFA b dingo the~ecommend t ons of thelVail Village MastepPlanton of the public plaza area in rela height and density. Staff believes the proposed Crossroads redevelh am dev ations proposed s portion of the criterion as the proposed public benefits outweig Employee Housina 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 employeesroval to the Town pCounciothe sPlann ng pand Envtlonmental recommendafion of app 9 Commission placed a• condition upon that recommendation to require the applicant to provide six employee beds. The Employee Housing Report was prepared focommended ranges of eump oyee hous nlg Remmen and Cares. The report provides the re units needed based on the type of use and the amount of floor area dedicated to each use. Utilizing the guidelines. prescribed in the Employee Housing Report, staff analyzed the' incremental increase of employees (square footage per use) that results from the redevelopment. The figures identified in the report are based on surveys of the commercial-use employment needs of the Town of Vail and other mountain resort communities. "New" employees are defined as the incremental increase in employment needs resulting from commercial redevelopment. Each of the communities assesses a different percentage of affordable housing a developer must provide for the new employees. For example, Telluride requires developers to provide. housing for 40% (0.40) of the new employees, Aspen requires that 60% (0.60) of the new employees are provided housing, and Whistler requires that 100% (1.00) of the new employees be provided housing by the developer. In comparison, Vail has conservatively determined that developers shall provide housing for 15% (0.15) or 30% (0.30) of the new employees resulting from commercial development. When a project is proposed to exceed the density allowed by the underlying zone district, the 30% (0.30) figure is used in the calculation. If a project is proposed at, or below, the density allowed by the underlying zone district, the 15% (0.15) fgure is used. The Crossroads special development district does exceed the density permitted by the underlying zone district in both number of dwelling units and GRFA so the 30% ratio was used. Proposed Project Emplovee Generation Calculations -Middle of Range a) Multi-Family (Dwelling Units) _ 30.0 em to ees 75 new units proposed @ (0.4/unit) - p y b) Retail and Service Commercial _ 181.7 employees 36,336 sq. ft. @ (5.0/1000 sq. ft.) - c) Bar/Restaurant/ArcadelTheater/Bowling - 113.9 employees 22,779 sq. ft: @ (5.0/1000 sq. ft.) - 325.6 employees Existing Crossroads Project Emplovee Generation Calculations -Middle of Range a) Multi-Familiy (Dwelling Units) _ g.g employees 22 units existing @ (0.4/unit) b) Retail and Service Commercial _ 110.6 employees 22,116 sq. ft. @ (5.0/1000 sq. ft.) - 10 c) ~ Office: Professional/Other _ 20,000 sq. ft. @ (5.0/1000 sq. ft.) d) Bar/RestaurantlNight Club/Theater 13,550 sq. ft. @ (5.0/1000 sq. ft.) e) Bank 2,750 sq. ft. @ (2.5/1000 sq. ft.) f) Grocery 6,240 sq. ft. @ (1.5/1000 sq. ft.) = 100.0 employees = 67.8 employees = 6.9 employees = 9.4 employees 303.5 employees 325.6 new employees - 303.5 exisitinq employees 22.1 net new employees x.30 6.63 required # beds According to the calculations. above, the applicant must establish 7 new deed-restricted employee beds ("pillows"). The applicants are proposing to provide the required deed- restricted employee housing beds off-site through the purchase of units throughout Town or through apay-in-lieu program, if established by the-Town prior to requesting a Temporary Certificate of Occupancy (TCO). The. applicant will deed restrict the .units under the appropriate deed restrictions depending upon which zone district the property is located within the community under the appropriate review process. In a previous meeting, the Commission asked for greater detail on how a ~"bed" will be defined in regards to the deed restricting of units: For example if the applicant purchased a structure containing three bedrooms this could potentially count as six employee "beds". As expressed by the Commission a unit as described previously may likely be rented by a family and would still count as six employee beds. Staff recommends that the developer submit to staff, prior to issuance of a.TCO or Certificate of Occupancy, the location of the units proposed to be deed restricted along with the appropriate review application which'is applicable or remit payment in funds commensurate with any adopted pay-in-lieu program. In adopting. SDD No. 39, Crossroads, the Town Council required the applicant to provide twelve (12) employee beds. Staff recommends that this be increased by one (1) employee bed per the increase generated by the proposed major amendment. Staff would suggest the following language be forwarded to the Towri Council. Deletions are shown in sere±~a-~- and additions in bold. Employee Housing: Crossroads shall provide the Town deed restricted employee housing sufficient to accommodate ~ 13 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: aone-bedroom unit shall contain at /easf 550 sq. ff. of floor area and accommodate no more Phan 2 occupants; atwo-bedroom unit shall contain at least 850 sq. ft. of floor. area and accommodate no more than 3occupants; athree-bedroom unit shall contain at least 11 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and afour- bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project. or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. Staff believes that the proposal does comply with this portion of the criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project. is 215 spaces. The applicants are proposing to provide a total of 299 spaces, all of which are to be provided in the proposed underground parking structure. The 84 additional parking spaces proposed to be constructed above and beyond that which is required are proposed to be placed in a private parking club. The proposed subterranean parking structure permits a public plaza on the surface which contains an ice skating rink. In order to establish a private parking club offering parking spaces, the Town Code requires the review and approval of a conditional use permit by the Commission. The applicant is proposing to establish an 84 stall private parking club. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum accompanying this memorandum. The applicant is proposing to utilize all of the 84 surplus parking spaces in a private parking club in which participants would lease a space or potentially purchase if the applicant chooses to condominiumize the spaces. The applicant desires to maintain ownership of the parking spaces to avoid not having enough parking for the retail, restaurant, and office uses if the project becomes as successful as anticipated. There is a possibility that as various tenants begin to design and occupy their spaces that additional surplus parking may become available. When calculating the required parking staff and the applicantwere conservative in estimating what percentage of restaurant spaces will become areas not assessed parking. An analysis will need to be run as each tenant goes in for building permit and as tenants change out in the future. The applicant can return before the Commission at a later date if additional surplus-parking is created based on tenant make-up to amend the conditional use permit. In the memorandum to the Commission accompanying this major amendment, staff recommends that the developer be permitted to establish an 84 parking space private club. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. 12 D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following. goals and policies are relevant to the review of this major.amendment to SDD No. 39, Crossroads, proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 ~ Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable: so .long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing .base should be preserved and upgraded. .Additional employee housing needs should be accommodated at varied sites throughout the community. 13 According to the Official Town of Vail Land Use Plan map, the applicant's proposed redevelopment site is located with the "Vail Village Master Plan" land use category. Pursuant to the Plan, the "Vail Village Master Plan" land use category description, "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in Phis Plan document because the Vail Village Master Plan study addressed this area specifically in more detail." Staff believes that the application complies with the goals and objectives identified above. Vail Villaae Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. As discussed in this section of the memorandum, staff believes that the,application complies with all the goats and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development site is not located in any geologically sensitive areas. Staff believes that the application .complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Town of Vail Public Works Department has reviewed the proposed plans for circulation to ensure that it is designed well for both vehicles and pedestrians on and off the site. 'I 4 Following the review of the plans, the Public Works Department forwarded their written final comments in a memorandum, dated January 16, 2006. Many of the final comments are time sensitive actions that can only be accomplished at a later date or are only necessary to address if the applicants receive approval of this request. To require full compliance at this time would thus be inappropriate: A copy of the memorandum with the final written comments from the Public Works Department has been attached for reference (Attachment D). The traffic report submitted by the applicant depicts overall intersection levels for existing and future service being maintained at a Level Of Service (LOS) 'A. However, the Village Center Road northbound left turn movement is a LOS of C and with the development of this project this movements delay increases by approximately 15% but the LOS remains at a level of C. The overall impact on Village Center Road's north bound left turn lane is a queue increase of 15 feet in length to 40 feet in length. Staff believes that it will be imperative to assess the applicant a fee of $5,000 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 81 PM Peak Hour trips for the Crossroads project. At $6,500 per net trip this results in 'an _ impact fee of $526,500. The PublicWorks Department is still working out the final details of the revised traffic report with the applicant and believe the peak net trip increase may go up. slightly based on a change to the way the study they have requested This impact fee shall not be offset by any public improvements. The impact fee shall be submitted to the Town of Vail to be used specifically for traffic improvements as deemed necessary by the Town of Vail. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is still proposing a large plaza along East Meadow Drive which contains an ice skating rink in the winter and apop-jet water feature in the warmer months. The approved plaza has been reworked to address Design Review Board input since the Planning and Environmental Commission recommended approval of the establishment of SDD No. 39, Crossroads. The planter bed locations and the landscaping to be planted in each have been carefully selected in orderforthe retail to be as visible as possible. The applicant's proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. 1. .Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the .special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, 15 to allow for an increase in the number of dwelling units from 69 units to 75 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staffs recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning a Lions olf the a nt licants'nrequest, staff ecomme ds that the following of approval, with cond pP findings be made as part of the motion: Special Development District No. 39 Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives. of the Town. That the proposed gross residential floor area of 172.7% of lot area, additional twenty- eight dwelling units over allowable (at 28.4 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicant's requests, staff recommends the following conditions: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No..39, Crossroads: 1. The Developer shall prepare a written agreement, for Town Council review and approval,. outlining .the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners ofproperty in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to .submitting a 16 building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, priorto submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into. the overall design of the structure and enclosed and visually screened from public view. 3: The. Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 4. -The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits. to access the South Frontage Road per the Approved Development Plan will require. the project to return through the special development district review process. 5. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, priorto submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 6. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 7. The Developer shall submit afire -and life safety plan for review and approval by the Town of Vail Fire Department. The Developer shall address the following conditions- of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; 1. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The trip generation report prepared by Fox Higgins Transportation Group states the net peak increase is 81 trips. The Public Works Department has asked that the study be revised to address a concern regarding the trip generation for the night club in the bowling alley. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements: 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public-improvements. The bond shall be in place with the Town priorto the issuance of a temporary certificate of occupancy. This includes but 17 is not limited to the proposed streetscape improvements. 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 4. Employee Housing: Crossroads shall provide the Town deed restricted employee housing sufficient to accommodate 13 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town.. Any dwelling unit(s) restricted shall conform to the following floor area requirements: aone-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 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall contain at least 1,500 sq. ft. of floor area. and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service ,Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices maybe allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. X. ATTACHMENTS A. Vicinity Map B. Reduce plans of the proposal dated January 15, 2007 C. Application for a Maior Amendment to Special Development District No, 39, Crossroads and an amendmentto the Conditional Use Permitforthe Pnvate Parkma Club Dated February 15, 2007,Public Works memo dated January 16, 2006 D. Memo from Public Works dated January 16, 2006 E. Public Notification 18 SOLARIS Appl~cat~on for a Mayor Amendment to Special Development District No. 39, Crossroads, ~ an amendment to the Conditional Use Permit. for the Private Parking -Club January 2007 Amended February l 5, 2007 Submitted by i IVlauriolloPlanning Crow Attachment C Owner and Consultant Directory Owner/Applicant: Production Architect. Peter Knobel Davis Partnership Crossroads East One, .LLC 0225 Mam Street, Unit C I O I 143 East Meadow Drive Edwards, GO 81 632 Vail, CO 8I 620 970-926-8960 Planning Mauriello Planning Group, LLC PO Box 1127 Avon, CO 8 1620 970-748-0920 Traffic Consultant Fox Higgins Transportation PO Box 1.9768 Boulder, CO 803.08-2768 303-589-901 I Design Architect Barnes'Coy Architects PO Box 763 Bridgehampton, NY I 1932 63 I -537-3555 Construction Management English ~ Assoaates, Inc. 12 Vail Road, Suite 700 Vail, CO 8 1657 970-479-7500 Table of Contents Introduction 3 II. Application Process 3 III. Submittal Requirements 4 IV. Detailed Project Description and Zoning Analysis. 5 V. `Public Benefits of Project 13 VI. Special Development District -Standards and Criteria ( 5 VII. Conditional Use Permit -Review Criteria 19 VIII. Adjacent Property Owners 21 2 Crossroads Redevelopment Mauriello Planning Group, LLC I . Introduction Ordinance No.5, Series of 2006, approved Special Development District No. 39, Crossroads (SDD 39), to facilitate the redevelopment of Crossroads. Solaris was approved for 69 dwelling units and 5 attached accommodation units, totaling. 199,830 sq. ft: of GRFA. At this time, we are requesting a mayor amendment to SDD 39 to allow for 75 dwelling units, an increase of 6 units over the previous approval. This will not impact GRFA, and is. due to interior changes to meet life safety requirements and interior unit configurations. The additional dwelling units and modifications to the parking structure have also lead to the elimination of parking spaces, which will be removed from the parking used for the parking club. There is still excess parking for the uses on the site. As a result, we are also submitting an application for an amendment to the conditional use permit for the private parking club which was approved for 103 spaces. We are requesting that the conditional use permit be modified to allow for 84 spaces to be included in the private parking club. It is important to note, that as tenants are finalized, the number of excess parking spaces will- continue to change (i.e. restaurants vs. retail).. As a result of these changes, we are submitting an application for a mayor amendment to SDD 39 and for an amendment to the Conditional Use Permit for the private parking club. II. Application Process The addition of 6 dwelling units is a mayor amendment to SDD #39. The following is the definition a mayor amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEVV7: Any proposal to change uses; increase gross residential floor area; .change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 1 2- 1.5-4, "Interior Conversions", or 12- 15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title: The modification of the number of parking spaces for the private parking club is an amendment to the Conditional Use Permit. The purpose of the conditional use permit is as follows: In order to provide the flexibility necessary to achieve the objectives of this title, specified uses are permitted in certain districts subject to the granting of a conditional use permit. Because of their unusual or special characteristics, conditional uses require review and evaluation so that they may be located properly with respect to the purposes of this title and with respect to their effects on surrounding properties. The review process- prescribed in this chapter is intended to assure compatibility and harmonious development between conditional uses and surrounding properties and the town at large. Uses listed as conditional uses in the various districts may be 3 Crossroads Redevelopment Mauriello Planning Group, LLC permitted subject to such conditions and limitations as the town may prescribe to ensure that the location and operation of the conditional uses will be in accordance with development objectives of the town and will not be detrimental to other uses or properties. Where conditions cannot be devised to achieve these objectives, applications for conditional use permits shall be denied. III. Submittal Requirements The following is a Ilst of the submittal requirements for a major SDD amendment and any additional recfuirements for a conditional use permit. We have Indicated the Items that we have submitted with this amendment, and referenced the original submittal for Items that are not affected by the major amendment. Fee. submitted Stamped, addressed envelopes and a list of the property Subrriltted owners ad acent to the sub ect ro erty Title Re ort Submitted Written a royal Submitted A written statement addressing the following: Submitted a: Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlyin zone district. A written statement addressing the following: Submitted a. Describe the precise nature of the proposed use and measures proposed to make~the use compatible with other properties in the vicinity. b. The relationship and impact of the use on development objectives of the Town. c.. The effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public fauhties needs. d. The effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking area. e. The effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surroundin uses. Submitted A com lete zornn analysis Stamped Topographic Survey Refer to the original ~~ ~h.,,~l-1-al _ nn chance Existin and Pro osed Site and Gradin Plans Submitted A Vicirnty Plan Submitted A Landsca e Plan Submitted A Roof 11ei ht Plan Submitted Existin and Pro osed Architectural Elevations Submitted Existin and Pro osed Architectural Floor Plans Submitted Sun/shade,.analysis submitted 4 Crossroads Redevelopment Mauriello Planning Group, LLC All plans must also be submitted m 8.5. x I I .reduced Submitted format. An Architectural or massing model Refer to the original submittal - no Chan e Photo overlays Refer to the original submittal - no Chan e Parkin needs assessment and vehicular circulation analysis Submitted An Environmental Impact Report Refer to the original submittal - no thane . IV. Detailed Project Description and Zoning Analysis A. Project Site and Ownership The Crossroads property, located at 143 East Meadow Drive, contains 2.643 acres of land. The-site is bounded on the north by the South Frontage Road and I-70, on the east by Village Center Road, on the south by East Meadow Dave, and on the west by the Vail Village Inn. ' The site is now owned by two LLC's, managed by Peter Knobel. B. Proposed Uses The plan was developed as a package that provides substantial benefits and revenues to the Town, needed outdoor .plaza and gathering spaces, and entertainment uses that create exatement and activity within the village.- The following is a breakdown of the proposed uses (approximate): • 36,336 sa. ft. of retail area on pedestrian level and one floor above; • 8,824 sci. ft. of restaurant and bar area on pedestrian level and one floor above; • 14,409 sa. ft. I O-lane bowling alley; • I I ,485 sg. ft. of theater space with 3-screens and 396 seats; • 24,000 scf. ft. plaza with winter ice rink and summer water feature; • 75 dwelling urnts containing 198,859 scf. ft. of GRFA. (A reduction of. 97 I sa. ft. -see Section E) The following is the list of uses as characterized by the CSC zone district: • Retail Shops Use by Right • Restaurants Use. by Right • Bars and Nightclubs. Use by Right • Professional Offices Use by Right 5 Crossroads Redevelopment Mauriello Planning Group, LI.C • Outdoor Skatmg Rink Accessory Use • Bowling Alley Conditional Use • Movie Theaters Conditional Use • Meeting Rooms Conditional Use • Multiple Family Residential Conditional Use • Prwate Parking Club Conditional Use C. Budding Design The mayor amendment to SDD #39 does not impact building design.. No exterior changes have occurred as a result of the increase in dweil~ng units. Any changes that have occurred are a result of changes made during the DRB process to respond to comments and concerns. The proposed building ,design and materials were developed .with careful consideration of the alpine mountain environment, location,of the property on~the periphery of the village and bordering Interstate 70, and the high quality of architectural treatment that~the town strives for. The design is characterized as a forward looking expression of European. alpine heritage and more contemporary forms. Images of,lodges, ski chalets and village centers of Austria and Switzerland, that hold such timeless beauty and charm, gave inspiration to the appearance of the project. The vernacular of the project. reflects features of craftsman revival style. Architectural details yield the look of handcraftsmanship; exposed beams, rafter tails, log columns, and braces turn construction details into built-m ornamentation that tie the design back to the earth and to the history'of the log and timber architecture of the west. D. Commercial Floor Areas The commercial floor area can be divided into six categories: retail, restaurant, 6owlmg/arcade/sports bar, and theater. The gross floor areas are approximately: Retail: Restaurant/Bar: Sub-total 36,336 sq. ft. 8 824 sq. ft. 45, 160 sq. ft. Theaters .(including concessions, restrooms, 8011): I I ,485 sq. ft. Bowling: 14 409 sq. ft. Sub-total 25,894 sq. ft. Total Gross Floor Area (excluding circulation) 7'I ,054 sq. ft. 6 Crossroads Redevelopment Mauriello Planning Group, LLC E .Residential Floor Areas Whsle we are requested an Increase In density from 69 units to 75 units, there is no change in the approved gross. residential floor area. The gross resldentlal floor area of the site which does not Include common areas such as circulation, parking, and pool areas is approximately 198,859 sq. ft. Ordinance No: 5, Series of 2006, approved SDD #39 for 199,830. We are requesting to maintain 199,830 sq. ft. as our allowable GRFA to maintain some flexibility as the design of units Is finalized. Residential floor area is an area of deviation from the underlying zoning however Is consistent with the designation of t11gh Density Residential per the Vail Village Master Plan adopted 20 years after the zone district was established. F .Parting Below is a table documenting the parking requirements for the proposed Crossroads redevelopment. The proposed development plan includes a total of 299 parking spaces to meet the parking requirements of the project Including the 84 space private parking club. Use # of Units/S . Ft. Code Ratios Total Dwelhn Units 75 1.4 105 Retail 35, 117 0.0023 80.77 Theater seatm 3,248 .0.006060606 19.68 Restaurant seatin 4,4 12 0.004 17.65 Bowlin I , 170 0.0023 2.69 Total 225.79 5% reduction I I .29 Net Re wired Parkin 2 14.5 Parwn Provided 299.00 Parkin Club Parkin 84 The parking lot will be operated with a fee structure that well allow the public to park on-site. This private parking faahty will essentially free up parking within the municipal parking structures thus Improving the Town's ability to accommodate skier and Vall Village parking.. G. Parting Club The surplus parking spaces provided on-site well be provided as part of a parking club, where parking spaces well be leased and/or sold. Originally, the approval 7 Crossroads Redevelopment Mauriello Planning Group, LLC was for 103 parking spaces to be used as part of the parking club. however, the addition of dwelling units, and internal changes to the parking structure, have reduced the surplus parking available for the Parking. Club. The total number of spaces in the parking club will be 84. Therefore, the overall impact of the parking club to the community is also reduced. h. Access and Circulation There are no changes to access and arculation as a result of this mayor amendment. A supplement to the traffic. report has been provided. 1. ~ Loadmg and Delivery The changes we are requesting as part of this mayor SDD amendment do not impact the loading and delivery requirements. The Zoning Regulations require a certain number of loading berths be provided based on the uses being proposed. Fora mixed-use facility such as the Crossroads redevelopment project, the maximum number of loading spaces that the regulations ,require is five loading berths. The proposed plan provides five formal loading berths and opportunity for i additional UPS style loading spaces within the Porte cochere. All of the loading .for the site is accessed directly from the South Frontage Road per the Vail Village Master Plan direction and Town policy. .The entire loadmg faality is enclosed thus reduang the noise of trucks being unloaded and eliminating any visual concerns. The loading and delivery faality will operate as part of the overall Vail Village dispersed loadmg program. J. Densrty Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from .69 units to 75 units. This results in a proposed density of 28.3 dwelling units/acre. The original approval was for 69 dwelling units, resulting in a density of 26. I dwelling units/acre. K. Bu~ld~ng Height There are no changes to building height as a result of this mayor amendment. L. Setbacks There are no changes to setbacks as a result of this mayor amendment. M. Site Coverage There are no changes to'setbacks as a result of this mayor amendment. 8 Crossroads Redevelopment Mauriello Planning Group, LLC N. Landscape Area/Streetscape There are no changes to the landscape area as a result of this mayor amendment. O. Condominium Rental Program Intent: The condominium rental program is being developed by input and direction from ,Stan. Cope who has more than 30 -years of experience with successful rental programs. The rental program is focused on three main goals, which have proven successful for Stan at the Lodge Tower, as well as numerous other high duality, tourist oriented properties: I . Owner asset management; 2. Owner rental income; and 3. Owner's' personal usage and sat~sfact~on. When these three .goals can be achieved, condo .owners in a large condominium projects will rent units voluntarily. Currently, 75% of the units in the Lodge Tower rent and the renting owners yield 63% of the gross rental revenue. In summary, the key to achieving the above goals is. to emulate the management of a fine, high duality, luxury hotel. The management program is a hospitality program above all else. On-site management and management offices are a necessity. Top level services need to be provided to renting guests and owners alike. Great service and a first class property will attract the kind of clientele that not only can afford a fine resort but will respect the property of others. Owners become proud of being part of the resort and have confidence that their asset is being well cared for while producing a painless, welcome income to off-set their ownership expenses. The level of service to be offered includes daily or twice daily maid service, 24- hour desk and conaerge, bell and valet staff, local transportation service, pre- arrival activity, ski and grocery service and premium rental eduipment. An m- house maintenance staff not only duickly provides for guests needs but corrects problems in units before they become a mayor problem and expense to the renting owner. Owners become confident that their arrival will be hassle free and as enjoyable as a vacationing guest ~n spite of a renting guest occupying their unit the night, before. The final piece to encourage owners to rent ~s creating a finanaal structure that strongly rewards owners that rent. The cost sharing structure between the homeowners' Assoaat~on and the Rental Program needs to be an integrated program that eduitably balances all of the services bung offered to owners and 9 Crossroads Redevelopment Mauriello Planning Group, LI.C renters alike. Properly and efficiently designed, owners will be finanaally rewarded for renting instead of carrying the service costs for all owners, as is the case in many condominium hospitality programs. Strategies for successful asset .and rental management: I . Client asset management. Condo owners are reluctant to rent their homes if they perceive that their asset is at risk from damage, theft, or other property degradation. When. there is proper staffing to allow for daily inspections of property and proper assurance of damage replacement, condo owners feel more comfortable renting their homes. Crossroads will employ an adequate staff to insure proper property supervision and inspection to the highest level of quality. Daily maid service is made available to owners and automatically provided for: guests in order to provide convenient service to the guests as well as a supervision mechanism for the management of the property. if the property is managed at the highest level of. quality then owners feel comfortable allowing their asset to be util-zed. Crossroads plans to manage the property at.. the highest level of quality with 24-hour on-site management, security, and client services. 2. Client rental income. Condominium management can be an expenswe.non-deductible expense for condo owners. The Crossroads rental program will be structured similar to that of the Lodge Tower where the overall condominium ownership expense can easily be offset by the income generated by the rental program. Additionally, condominium owners can expect net rental income reaching G3% of the total revenues from renting one's condominium. 3. Personal usage and satisfaction. Probably the most important aspect of a rental program is flexibility: Some owners will purchase a condominium in Vail for personal -use as a higher priority to. rental income. Having ones home available when one wants to use it is extremely .important to the success of a renta) program. An owner does not want to feel trapped by committing to certain days or weeks. To create flexibility owners are asked to set aside dates they think they may be in Vail and dates they know. they will not. Owners are able to check back frequently with changes to schedules. Additionally, management staff stays in close contact with owners when bookings are bung made to make sure the owners usage is not being infringed upon. 10 Crossroads Redevelopment Mauriello Planning Group, LLC Based on Stan's experience working at the Lodge Tower, we believe that. at least 50 of the 70 proposed condominiums will be successfully rented. This exceeds the predictions utilized in the revenue analysrs prepared by Steve Thompson who assumed only 30% of the units would be rented. A more detailed management program will be developed in the coming months: Key Elements of Rental Program: _ • 24~hour front desk and conaerge • High level of service to unit owners • Fee structure allowing those partiapating in rental program to offset management and maintenance fees and obtain rental income • Daily maid service available/required • Full-time management/rental staff located on-site . • Food service delivery available from on-site restaurants • Full-time on-site security • Active marketing program for rental units locally and nationally • Participation in national condo. rentaVexchange club P. Parlung Management Summary'and Intent: Crossroads intends to maximize the occupancy and .efficiency of the entire Crossroads parking . faality by not restricting mdividuaf parking spaces for individual users 100% of the time (i.e., .when a condo owner is not in residence or not otherwise occupying a parking space, that space becomes available for other users). There are four basic users of the parking garage: condominium owners; business owners/employees and customers; parking club members; and the general. public when shopping or taking advantage of amenities onsite. Crossroads will be utihzmg technology that will allow the management of the Crossroads garage to understand which parking spaces are in demand by certain users and when they can be made available to other users. Residential Pa~kmg: The owners of the condominiums in the project will have a right to use their parking 24 hours a day 7 days a week. The condominium documents will include provisions that ensure that every condomirnum owner has the right to use its required number of parking .spaces so -there is never an instance where a condominium is bought or sold without the absolute right to park within the faality. Therefore, condominium parking spaces will not be individually deeded or condommium~zed. However, rf an owner is not m residence and is not otherwise occupying a parking space, the parking management will reserve the right to use 11 Crossroads Redevelopment Mauriello Planning Group, LLC condom+n+um parking spaces for short term rentable public parking; skier. parking, shopper parking, or plaza event parking. Th+s system, will work util+z+ng a temporary pass, card, or code system. The res+dent+al system will generally operate as follows: when an owner or renter arrives to a condom+n+um un+t they will be required to check +n with the conc+erge. Owners wilt be prov+ded with a pin number or magnetic pass (or similar device) that can be changed per+odically (in some cases da+ly) to access the parking structure. The codes for temporary guests will exp+re upon the end of a guests or owners stay which prevents abuse of system (i.e., prov+d+ng cards or p+n numbers to others). This system w+ll allow owners to always have a r+ght to park but allows management to max+m+ze the use of parking spaces and keep the parking facil+ty active for the community when the ,owners are not us+ng the . faality. . Business and Commeraal Parking: Parking required for the commerc+al businesses will always- be available to the general public, bus+ness owners/employees, and retail consumers via the. gate system. Business owners and employees will be prov+ded with a pass or access code that allows them access to the parking facil+ties. The general public will have access to the parking fac+lity on a`fee basis. In order to ensure success of the commerc+al and retail establishments a credit, rebate; or reduced . parking . charge system w+li be established (i.e., val+dation system; free parking for first 30 mins; as examples). Parking Club/Surplus Parking: There are 84 parking spaces that are not required by the Town Code for either res+dential uses, Commeraal uses; or entertainment uses on the property. These parking ,spaces will be operated under a parking lease .system or made available to the general public when not otherwise in use by a lessee. S+milar to the Front Door project, these parking spaces w+ll be leased to +ndividuals or businesses on a seasonal or annual bass: Memberships or leases will be sold at a greater number than the number of parking spaces available (which w+ll be known to the . lessee) so that use of the parking spaces is maximized (guaranteed access, not a space). These membersh+ps w+ll be sold at prevailing market rates. If the all of the spaces are not able to be leased, parking. spaces w+ll be made available to the general public on an entry fee basis. In no' case w+il any of the parking club spaces be condomin+umized or sold individually. The goal +s to mawm+ze the use of the parking faality in a way that allows for conven+ence to residential owners, ensure success of bus+ness, retail, and Commeraal establishments located onsite, and generally a+ds in the supply of .parking accessible by the general public. 12 Crossroads .Redevelopment Mauriello Planning Group, LLG We anticipate that those taking advantage of the parking club (surplus parking spaces) will breakdown as follows: 60% restaurant or retailer from within the Vail Village-area; 35% real estate professionals and other office users within the Vail Village area; 5% downvalley residents and business professionals (vendors, service providers, etc.) who have daily business activities within the Vail Village area. Additional Public Access to Parking: The proposed parking management system will be able to recognize how many of the spaces are bung occupied at any given time and what the usage trends are over the long term. With this knowledge, management will be able to allow the additional parking spaces to be used as hourly parking during the daily hours of operation. We anticipate having an attendant on site from 7:00 am to 12:00 am, 7 days a week.. Access for tenants and owners will be allowed 24 hours a day. V. Public Benefits of Project The list of public benefits being proposed by this project is extensive. Not only are the direct community benefits such as the ice rink and the entertainment complex included in the I~st, 'but also the more indirect benefits of redevelopment in and of itself. The list below includes all of the direct and indirect public and community benefits this project has to offer the Town of Vail: • New 24,000 sa. ft. public plaza with winter ice skatmg/summer pop het fountain • Public restrooms at pedestrian level • New high quality retail and architecture in heart of Vail • Implementation of streetscape master plan recommendations • Enclosed loading and delivery faahty for .public use • New bus stop • New landscape medians in S: Frontage Road Public Amenities: • 3 screen movie theater with stadium seating • I O-lane bowling alley 13 Crossroads Redevelopment Mauriello Planning Group, LLC • $ I . I million m public art Revenue Increase: • Increase in annual revenue to the Town from $ 179,236 to $ I :29 million. 14 Crossroads Redevelopment Mauriello. Planning Group, LLC VI. Speaal Development District -Standards and Crr,teria "The purpose of the special development district is to encourage.flexrbrlity and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new deve/opment with the Town; to facilitate the adequate and economical prov~sron 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 m the l/arl comprehensive plan. " The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Crossroads redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. Please note that the entire application and submittal materials for the Crossroads Redevelopment address the criteria below in addition to the summary provided. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, .scale, bulk, buildmg .Height, buffer zones, identity, character; visual integrity and orientation. Our Analysis: The proposed Crossroads redevelopment plan was designed to be compatible with the mountain environment and the new trends alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site ~s 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 (I /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. 15 ,Crossroads Redevelopment . . Mauriello Planning Group, LLC The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long continuous roof ridge runrnng east west across the site which .has been fairly common on other redevelopment projects. There are no mayor flat roofs proposed on this structure. The materials are of-the highest duality and include Telluride Gold stacked stone, strip gandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and braang, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high duality 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. A statement from the Lionshead Master Plan sums up our belief about new Vail architecture: "the architectural language...should strive to reinterpret its heritage and look to the future, instead of simply mimicwng the past." The design of .the building also creates an identity to stimulate visual interest and help anchor the East Meadow Drive area of Vail as a sought after destination. The design will .help draw people to back to Vail and East Meadow Drive m particular. The proposed development plan is compatible with the area. .The site is located across the street from the Sonnenalp redevelopment project and adjacent to the Vail Plaza 1lotei redevelopment project. While the proposed building will not be the same scale as the existing three to six- . story structures .that make up the remainder of the Vail. Village Inn (VVI), the' plan recognizes, the long-term. need to redevelop the remaining portions of the VVI to a scale and quality reflective of current trends. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. . Our Analysis: The East Meadow Drive area is characterized by residential, lodging, and commercial development. The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and hrgh 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 Drove. The .proposed project provides an increase in retail and restaurant space, new ,movie theaters,. bowling alley, and arcade which do not exist to this degree of quality in Vail, new public plaza spaces and amenities, and -high quality residential development. The proposed uses will anchor this portion of the Vail Village and generate.. activity that will not only benefit the retail shops at Crossroads but .all of the businesses in the 16 Crossroads Redevelopment Mauriello Planning Group, LLC surrounding area. The parking provided on this site will generate pedestrian traffic.to all areas of East Meadow Drive and the village core. The proposed project creates a compatible, ' eff~aent, and workable relationship with surrounding uses and activities. C. Parwng and Loading: Compliance with parking and loading requirements as outlined in Chapter. I O of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter I O of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehenswe Plan, Town polices and urban design plans. Our Analysis: The proposed Crossroads redevelopment plan complies with all relevant master planning documents and Town polices. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. E. Natural and/or Geologic hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town on the Crossroads site. F. Design Features: 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 duality of the commurnty. Our Analysis: The Crossroads site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and duality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed 17 Crossroads Redevelopment Mauriello Planning Group, LLC plan includes a large open plaza (nearly 20% of the area of the enure site). This I /2-acre plaza will improve the Town's ability to accommodate outdoor gathermgs 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 arculation. Our Analysis: The Crossroads project has been designed to address three mayor issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. Along-standing goal. of the-Town is to remove loading and del+very entering the Crossroads site through E: Meadow Dave and require access directly to the South Frontage Road. The proposed -plan includes a new, enclosed loading dock faality that is accessed directly from the South Frontage Road. The loading faality includes five loading berths, the maximum required by the Town Code for a mixed-use faality. The loading dock also mcludes a trash faality -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 parkmg for the site is accessed from Village Center Road. All of the parking is located below grade: The control gate for the site is located deep within the garage to prevent ears from stacking into Village Center Road. Cars exiting the faai~ty cue .within the parking structure; thus preventing any blocking of traffic on Village Center Road. Additionally, there is a poste cochere along the South Frontage Road for residential guests arriving at the site. The Porte cochere will provide temporary pick-up for guests and valet parking. A traffic ,report is included in the Environmental Impact Report (EIR) for this project and a letter amending the analysis has been provided with this application.. This report indicates that all roadways adjacent to the site have excess capaaty upon completion of this redevelopment project. There is no need for mayor roadway improvements due to the traffic generated for the proposed uses on-site. There ~s no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on .all adjacent roadways and between the VVI project and the Crossroads site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. 18 Crossroads Redevelopment Mauriello Planning Group, LLC H. Landscaping: Functional 'and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: The Crossroads project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape -areas and materials. Retail,. plaza areas and gathering, places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Crossroads provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas. of the site provide an aesthetic duality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: The project is proposed to be developed in one phase. Permits for demolition and excavation will be pursued .prior to a full building permit being issued for the project. A condominium plat will be required prior to GO of the project. VII. Condltlonal Use Permit - Revlew Crlterla Before acting on a conditional use permit application, the Planning and Environmental Commission (PEC) shall consider the factors with respect to the proposed conditional uses of a private parking club: A. The effect of the use on light and air, distribution of population, transportation facilities, utilities,. schools, .parks and recreation faahties, and other public facilities needs. Our Analysis: The proposal to establish a private parking club will address several of the goals and objectives established in the Vail Village Master Plan. Further, we believe the parking club could have a positive effect on the parking issues the Town faces through out the year by providing an opportunity for individuals to lease or purchase spaces and therefore not be parking m the Vail Village or Lionshead 19 Crossroads Redevelopment Mauriello Planning Group, LLC parking structures. As previously approved, the private parking club consisted of I03 parking spaces. As the parking analysis m this application indicates, the addition of dwelling units, and modifications to the commeraal space (i.e. changing spaces from retail to restaurant, and vice versa), and modifications to the parking structure for mechanical, have modified the excess parking available for the private parking club. B. Effect upon traffic with particular reference to congestion, automotive.. and pedestrian safety and convernence, traffic flow and control, access, maneuverability, and removal of snow from the street and parking areas. Our Analysis: The proposed parking club will generate additional vehicular traffic in the area. The payment of the traffic impact fee and the construction of roadway traffic improvements to the South Frontage Road and Village Center Road will off-set any negatwe impacts. Parking is being located underground and all pedestrian areas are being heated so there is no need for traditional snow• removal from the site. The parking areas and access ways are all being developed w~th~n the Town's standards to allow for suffiaent flow and maneuverability. C. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use m relation to surrounding uses. Our Analysis: The proposed parking club is located within a completely subterranean structure. The subterranean nature of the parking club has no , negative impacts on neighboring uses. 20 Crossroads Redevelopment Mauriello Planning Group, LLC VIII. Adjacent Property Owners VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION JOSEF STAUFER 100 E MEADOW DR #3 I VAIL, CO 81 657 VAIL DOVER ASSOCIATES LLC 4 148 N ARCADIA DR Pf10ENIX, AZ 8501 8 t11BBERD, FRED, JR 400 NW RIDGE RD JACKSON, WY 8300 I VAIL CORE CONDOMINIUM ASSOCIATION, INC: Helen E. Bird - P OBOX 5940 ' AVON, CO 8 1620 CROSSROADS EAST ONE LLC 329 MILL CREEK CIR VAIL, CO 81 657 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81 657 AUSTRIA f1AUS CONDO ASSOC INC 20 VAIL RD VAIL, CO 81 657 TOWN OF VAIL 75 S FRONTAGE RD VAIL, CO 81 657 VILLAGE CENTER ASSOC 124 WILLOW BRIDGE RD VAIL, CO 81 657 SONNENALP PROPERTIES INC 20 VAIL RD VAIL, CO 81657 21 Crossroads Redevelopment Mauriello Planning Group, LLC CROSSROADS OF VAIL CONDOMINIUM ASSOCIATION do CRAIG C011N 143 EAST MEADOW DRIVE, SUITE 3 VAIL, CO 81 657 CROSSROADS OF VAIL CONDOMINIUM ASSOCIATION 143 EAST MEADOW DRIVE, SUITE 300 VAIL,. CO 8 1657 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC 880 110MESTEAD DRIVE No. 25 Edwards, CO 8 163.2 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC PO BOX 666 VAIL, CO 81 658 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE STE 3 I VAIL, CO 81 657 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. 880 HOMESTEAD DRIVE, NO. 25 EDWARDS, CO 8 1632 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. POST OFFICE BOX 666 VAIL, CO 81 658 22 Crossroads Redevelopment Mauriello Planning Group, LLC VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE NO. 3 I VAIL, CO 81657 AUSTRIA 11AUS CONDOMINIUM ASSOCIATION, INC. JOt1N MILLS C/O SONNENALP f1OTEL 20 VAIL ROAD VAIL, CO 81 657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SALLY HANLON 385 GORE CREEK DRIVE- NO. R-2 VAIL, CO 81 657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION 143 E. MEADOW DRIVE NO. 360 C/O SLIFER MANAGEMENT CO VAIL, CO 81 657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION C/O ABPLANALP LAW OFFICE LLC POST OFFICE BOX 2800 VAIL, CO 81 658 CDOT 4201 E. Arkansas Avenue Denver, CO 80222 Mauriello Planning Group; LLC Post Office Box 1127 Avon, CO 81 G20 23 Crossroads Redevelopment Mauriello Planning Group, LLC MEMO To: Warren Campbell, Senior Planner From: Tom Kassmel, Town Engineer Re: Crossroads Redevelopment-Public Works Comments Date: O 1-16-06 the Public Works After a review of the submittal of the Crossroad redevelopment plans, Departments finds the following issues that will need to be addressed prior to final approval. The following.outlines comments that will need to be conditions of approval of PEC. Public Works conditions of approval: 1. Final Civil Engineering drawings and Final Drainage Report must be~approved prior to Building permit submittal and meet ali Town codes and standards. An additional 2 to 6 month review and comment period will be required for this submittal. 2. The access off the S. Frontage Rd. is key to this development. A C-DOT access permit shall be approved by CDOT prior to Building permit submittal and shall be a condition of PEC approval.. If changes to the PEC approved plans are required by C-DOT to facilitate an Access Permit the applicant will be required to return for an amendment to the PEC approved plans. 3. Prior to submittal of building permit CDOT shall have approved the construction drawings for the S. Frontage Rd. 4. Village Center Road shall be graded with a normal crown. 5. The plaza grading shall match the proposed East Meadow streetscape plans grading currently be designed by the Town of Vail. This may require an elevation change of the plaza. Please coordinate with the Town of Vail. 6. The alignment of East Meadow drive may be required to shift to the north at the intersection of Village Center Rd. as a result of improvements being proposed Uy Village Center. Please coordinate with Village Center and Town of Vail. 7. Applicant shall be responsible for the complete design and construction of the roadway improvements as shown on the Crossroads Public Improvements plan dated 12/12/05 and also the complete design of the remainder of Willow Bridge Rd. going south to the International Bridge, excluding but matching those improvements being designed and constructed by One Willow Place Road. This includes streetscape, heated sidewalk and streets, landscape, planters, lighting, irrigation, signage, and storm drainge improvements on Village Center Rd., East Meadow Drive, Willow Bridge Rd., and the South Frontage Rd. 8. The heated. streetscape proposed within the public' ROW shall be constructed, operated; and maintained by Crossroads as delineated in the plan dated December 12, 2005. The heated improvements proposed to be constructed on Village Center Rd. will be a benefit to the snow maintenance of Village Center Rd., however currently it is not within the Town's plan to pay for the construction of a boiler Attachment D plant of this area nor is it within the Town's plan to pay for its operation and maintenance. This will require further coinmitnient from the Town once these improvements are constructed. If the Town does not cotrunit to paying for the said improvements or operations; it may be beneficial to leave this street as asphalt pavement. Non-heated brick pavers on this stretch of steep roadway will be required to be plowed regularly and will cause significant damage to the pavers. 9. All private improvements within the public ROW, including any temporary shoring that is to remain in place, will require a Revocable ROW permit. 10. All shoring walls shall remain within the private property limits. 11. The proposed drainage system. along the S. Frontage Rd. shall be coordinated with Vail Plaza. Hotel and tied into the Vail Plaza hotel proposed storm sewer system. 12. All grading and drainage for parking structure is required to be shown. Provide a sand/oil separator. 13. A Traffic impact fee of $5000 per additional pin peak trip generation (68 trips @ .$5000 _ $340,000) shall be assessed to the developer and held by the Town of Vail to implement a future traffic solution east of crossroads that facilitates traffic and U-turn movements. 14. All necessary easements, agreements, bonds, and permits must be in place prior to building permit submittal. (i.e. construction easements on adjacent properties, utility easements, pedestrian easements, drainage easements; access easements, revocable ROW permit, ROW permit, etc...) 15. An excavation shoring plan shall be required to be approved prior to Building permit submittal. This shall include cross sections, profiles, and plans showing all conflicts and nail locations. It should be noted that any encroachment into CDOT ROW (i.e. shoring} will require their approval and may include, a lease agreement, permit etc... 16. The developer shall be responsible to construct all necessary storm water improvements in order to convey all contributing on-site and adjacent off-site drainage to gore creek. 17. The open plaza should be dedicated, similar to the Lionshead Core Site Pedestrian Plaza as a public access easement. . 18. The developer shall incorporate Art in Public Places and coordinate with AIPP for implementation. 19. 'The loading and delivery facility shall be made available to provide capacity to other sites. This will require easy access from the delivery facility, down a service elevator, then direct access to the plaza level, an easement for this access will be required. 20. A stormwater discharge permit and erosion control plan will be required prior to building permit approval. 21. An approved staging plan, phasing plan, and construction schedule shall be required prior to Building Permit approval. ~~ ti TOWN OF VAIL ~ THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail. will hold a public hearing in accordance with section 12-3-6, Vail Town Code on February 26, 2007, at 1:00 pm in the Town 'of Vail Municipal Building, in consideration of: A request for a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- 9(A); Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units. from 69 units to 75 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0004) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for conditional use permits, pursuant to Section 12=7E-4, Conditional Uses, Vail Town Code, to allow for multiple-family dwellings and lodges and private club (parking club); located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.. (PEC07-0005) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented • by Mauriello Planning Group, LLC Planner: Warren Campbell A request for a final review of a major amendment to the Approved Development Plan pursuant to Section 12-8E-18 (B) Major Amendments, to allow for a revised grading plan at Vail's Front Door Vista Bahn Ski Yard, located at 151 Vail Lane/Lot A, Block 5C, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0006) Applicant: Vail Resorts Development Corp. Planner: George Ruther A request for a final review of an. amended final plat, pursuant to Chapter 12-12, Exemption Plat Review Procedures, Vail Town Code, to allow for a modification to shared property boundaries, Lots 29 and 30, Block 1, Vail Potato Patch, located at 805 and 807 Potato Patch Drive, and setting forth details~in regard thereto. (PEC07-0008) Applicant: Pedro Cerisola/Larch S:A., represented by Snowdon and Hopkins Architects, P.C. Planner: Warren Campbell A request for a final review of a variance from Section 14-6-7, Retaining Walls, Vail Town -Code, pursuant to Chapter 12-17, Variances, to allow for a retaining wall in excess of three feet within the front setback, located at 805 Potato Patch Drive/Lot 29, Block 1, Vail Potato Patch, and setting forth details in regard thereto. (PEC07-0007) ~~~ ~ ~~~ v Attachment: E ~U ~~wyii""3~.~~i3.aq u~0~[,~t~Wt. ~t o, c c , cd, l3 Example Two ^ Existing Conditions ^ 1,500 sq ft of retail ^ 3,000 sq ft of restaurant ^ 2,500 sq ft of residential ^ No EHUs exist today ^ 1,500/1,000 x 2.5 emp = 3.75 retail employees exist 3,000/1,000 x 6.75 emp= 20.25 restaurant employees exist 2,500 sq ft of residential exist ~ Proposed Conditions ^ 1,500 sq ft of retail ^ Net New = 0 sq ft ^ 3,000 sq ft of office ^ Net New = 3,000 sq ft ^ 3,000/1,000 x 3.2 = 9.6 ^ 3,000 sq.ft of restaurant ^ Net Loss = 3,000 sq ft ^ 3,000/1,000 x 6.75 = 20.25 ^ Net New Employees = 9.6 ^ Existing Employees = 20.25 ^ Change in Employees = -10.65 ^ No mitigation is required and no credits are granted ^ 15,000 sq ft of residential ^ Net New = 12,500 ^ Mitigation for 10% = 1,250 sg ft MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: March 20, 2007 SUBJECT: First Reading of Ordinance No. 10, Series of 2007, 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: Crossroads East One LLC, represented by Mauriello Planning Group, LLC. Planner: Warren Campbell I. DESCRIPTION OF THE REQUEST The applicant, Crossroads East One LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, is requesting a first reading of Ordinance No. 10, Series of 2007, 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. The purpose of this ordinance is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units, located at 141 and 143 Meadow Drive, and setting forth details in regard thereto. The proposed changes do not affect the approved height, bulk, mass, or setbacks for the structure, as all changes are internal to the approved structure. The staff and applicant are requesting that the Town Council listen to a presentation on the proposed ordinance and approve Ordinance No. 10, Series of 2007, upon first reading (Attachment A). I1. BACKGROUND On February 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units and to address several other minor changes. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. Please see the memorandum to the Planning and Environmental Commission dated February 26, 2007 (Attachment B) and plans dated January 15, 2007, (Attachment C). The Commission's recommendation of approval for the major amendment includes thirteen (13) conditions of approval, as outlined in Section 4 of Ordinance No. 10, Series of 2007. The Commission's recommendation of approval includes 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. Lasfly, the Commission finds that the request is consistent with the development goals and objectives of the Town. That the proposed gross residential floor area of 172.7% of lot area, additional twenty-eight dwelling units over allowable (at 28.4 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the .purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." ZONING ANALYSIS Staff has performed a zoning analysis of the Crossroads redevelopment proposals which can be used for comparison purposes. The following is the zoning analysis of the project approved by Council on March 21, 2006, with the adoption of Ordinance No. 5, Series of 2007, on second reading. The deviations to the prescribed development standards are shown in bold text in the table below. March 21 2006 Ordinance No. 5 Series of 2006 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' 3' to 19' West Side: 20' 3' (loading dock) to 25' East Side:. 20' 0' to 25' 2 Front (Meadow Drive): Building Height: Density: GRFA: Site Coverage: (75%) 20' 0' to 150' 38' 99.9 ft. 18 units/acre 26.1 units/acre 47.5 D.U.s 69 D.U.s 46,051.6 sq. ft. (40%) 86,346.8 sq. ft. (93.6%) 199,830 sq. ft. (173.6%) 107,772 sq. ft. Landscape Area: Total 23,025.8 sq. ft. 47,192 sq. ft. (20% total site) (41.0% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 18.,581 sq. ft. (80%) (39.4%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 28,611 sq. ft. (20%) (60.6%) Parking: 235 spaces 338 spaces (103 surplus spaces) The following is the zoning analysis of the currently proposed major amendments to SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. February 26 2007 PEC Recommendation of Approval (Plans dated January 15, 2007 Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: Setbacks: Front (Frontage Road): 20' West Side:. 20' East Side: 20' Front (Meadow Drive): 20' Building Height: 38' Density: GRFA: 18 units/acre 47.5 D.U.s 46,051.6 sq. ft. (40%) 3 115,129 sq. ft. 0' to 19' 2' (loading dock) to 25' 0' to 25' 0' to 150' 99.9 ft. 28.4 units /acre 75 D.U.s 198,859 sq. ft. (172.7%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft: 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 %) Parking: 215 spaces 299 spaces (84 surplus spaces proposed to be in private parking club) The current development proposal dated which received a recommendation of approval from the Planning and Environmental Commission increase the number of maximum dwelling units from 69 to 75 and reduces the GRFA from 199,830 s.f. to 198,859 s.f. (- 971 s.f.). The reduction in GRFA was a result of needing more floor area to be devoted to common area hallways to access the new dwelling units. There were also several minor changes to the landscape area as a result of the Design Review process discussion on the plaza. Within the current development proposal there was a reduction in the surplus parking. from 103 to 84 parking spaces. This was the result of further development of the mechanical systems and locating equipment in the subterranean parking structure. The other cause for the loss of surplus parking. spaces was the incorporation of a performance stage in the restaurant/bowling alley space. A sunken stage was added to the space which impacted the parking level below, thus eliminating several parking spaces. In addition to an increase in the maximum number of allowable dwelling units there were some adjustments to commercial spaces on the plaza and promenade levels. The following depicts how each use was changed in area. Land Use March 21 2006 February 26 2006 Net Chance Retail 39,251 s.f. 39,789 s.f. 538 s.f. gain Theaters 11,500 s.f. 11,217 s.f. 283 s.f. loss Restaurant 7,144 s.f. 4,602 s.f. ~ 2,542 s.f. loss Lobby Lounge/bar 2,730 s.f. 4,222 s.f. 1,492 s.f. gain Bowling 14 396 s f 14 409 s.f. 13 s.f. gain Total all categories 75,021 s.f. 74,239 s.f. 782 s.f. loss 4 r IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 10, Series of 2007. V. ATTACHMENTS A. Ordinance 10, Series of 2007 B. Copy of the Staff Memorandum to the Planning and Environmental Commission dated February 26, 2007, and proposed plans for redevelopment dated January 15, 2007 5 ORDINANCE NO. 10 Series of 2007 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT N0.39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on February 26, 2007, 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 W HEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 6-0-0 of this request for a major amendment to increase the maximum number of dwelling units from 69 to 75 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. 10, Series of 2007, 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.000NCIL 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 Ordinance No. 10, Series 2006 1 Vail Town Council Attachment: A 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007. 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: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7,~ Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restaurant' uses solely and shall not be utilized for "professional offices, business 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'), Ordinance No. 10, Series 2006 2 and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 198,859 square feet and the maximum allowable density shall be seventy- five (75) dwelling units, and five (5) attached accommodation units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1 /2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: The Developer shall prepare a written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. Ordinance No. 10, Series 2006 3 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); The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. .The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application: Atl rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 4. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 5. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 6. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 7. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department. The Developer shall address the following conditions of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic, The trip generation report prepared by Fox Higgins Transportation Group states the net peak increase is 81 trips. The Public Works Department has asked that the study be revised to address a concern regarding the trip generation for the night club in the bowling alley. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements. Ordinance No. 10, Series 2006 4 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall lie void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4,. Vail Town Code. 4: Employee Housing: Crossroads shall provide the Town deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: aone-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 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of . floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall. contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with. the standards and procedures established by the Town Zoning Regulations. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices maybe 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. 10, Series 2006 rj 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 20~' day of March, 2007, and a public hearing for second reading of this Ordinance set for the 3`d day of April, 2007, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 10, Series 2006 6 TSgt Christopher Gilbert PO Box 211 Vail, CO 81658 970-343-2500 SnoRangr@aol.com March 19, 2007 Town of Vail Attn: Vail Town Council, Councilman Kevin Foley 75 S. Frontage Road, Vail, CO 81657 Dear Councilman Foley, Per a recent conversation with Nina Timm, I am writing you in regards to the Town of Vail Employee Housing. My hope is to gain an exemption for the employment income and hourly qualifications. f believe I have a unique situation that would justify such an exemption. As you know in order to qualify to purchase the Town of Vail Employee Housing units, 75% of the prospect's income must come from a business within Eagle County. The prospect must also average 30 hours a week for the preceding year thru the sale of the unit. Currently I do not meet these qualifications. My situation is as follows: After living in Colorado and Eagle County for over 9 years, I answered the call to duty after 9/11 and rejoined the United States Air Force in an effort to help protect the United States of America. My job as a C-5 Galaxy Flight Engineer has taken me into Iraq and the Middle-East in support of both Operations Enduring Freedom and Iraqi Freedom. I have been in harms way numerous times. In August 2006 I was able and returned to the wonderful state and town that I love and call home. I currently live in Eagle-Vail and am in the United States Air Force Reserves assigned to Travis AFB, CA. Part of my commitment with the Reserves is flying the C-5 Galaxy Aircraft approximately 12-18 days a month in support of the War on Terror. A majority (over 75%) of my monthly income comes from Uncle Sam. When I am back in town, I work part time for Gorsuch, Ltd. With my limited schedule at Gorsuch, only a small percentage of my income and hourly requirements is derived there, but I do .what I can to support them and work here in the valley. Due to the fact that I serve the United States of America in a capacity that allows us to live freely in this wonderful place, I am requesting that the Vail Town Council grant me an exemption regarding the income and hourly requirements. I request this exemption so that I may enter the annual lottery this year for the Vail Employee Housing program. As a military member and the monetary sacrifices I endure to serve our country, I do not have the financial resources to buy within Eagle County due to the extraordinary high cost of property here. However, I am financially able and would very much like to be able to purchase a unit within the Vail Employee Housing program. If you grant me an exemption, it would aid greatly in re-kindling my civilian life and eventually become a productive community member here in Vail once my Air Force service commitment ends. I hope you seriously take my service to this great country in to consideration and grant me this exemption. Thank you very much for your time. God Bless Vail and America. Sincerely, TSgt Christopher Gilbert 312 Airlift Squadron Travis, AFB USAFR ~.73,13.C~~- L-S 2 WALL STREET WEST _ ROCI OPINION ' I strongly believe that the way we do the people's business is as important as what we do. And I am obligated to judge legislation by its consequences, intended and unintended. Gov. BOl Ritter Teat of Gov Hitter's labor-bill letter. Editor's mote: What Joliows is the entire test of Gov. Biil Ritter's letter to the Colorado House of Representa- tives, vetoing House Bill 1072. The controversial bill, if signed, would have made it easier to set up all-union workplaces by striking a key provision of the 1943 Labor Peace Act. Ritter was widely expect- ed to sign the bill, which would have elim, inated one oJtwo elections necessary to form an ali-union work- place, in which all employees must join, pay the costs oJrepresentation or risk beingjired. Ladies and Gentlemen, I am returning to the House ofRep- resentativesHouse Bill 07-1072, "Con- cerningthe Elimination of the Require- ments for a Vote Ratii~ing an All-Union Agreement." I vetoed this bill as of 2 p.m. today and this letter sets forth rr>,y reasons for doing so. _ As governor, I take seriously my obligation to represent as best I can . all of the people who reside in the great state of Colorado. It is my sol- emnduty toapproach the challenges facingus today with a broad view, to take into account different perspec- tives, and place the highest priority on what's best for the people as a whole. I committed in my first State of the State speech just a few weeks ago, and I promised the people of Colorado over the last two years, that I would work tirelessly to bridge traditional divides, to bring together groups that often find themselves at odds: Republl- cansand Democrats, business and labor; developers and environmental- ists. Ivowed to listen to a wide range of views, to unite and to build consensus around a public policy agenda that speaks to the common good. I am proud of the coalitionthat honored me with election to this of- fice: rural and urban, mountain and valley, agricultural and industrial, wealthy and poor, Republlcan,Demo- crat and unaffiliated. It was a coalition ofsmallbusinesses,bigbusinesses and working families. My sympathies lie with Colorado's working families. My father was a heavy-equipment operator and a member of Operating Engineers Locals 3 and 9. I worked my way through college and law school as a pipe layer and a member of Laborers Loca1720. I understand the struggles of Colorado's working families. I have lived those struggles myself. During the campaign, two labor organizations asked me in written questionnaires ff I would support an amendment to the Colorado Labor Peace Act that eliminates the second organizing election ratifying an all-union agreement. I indicated that I would, believing that requiring a EVAN SEMON/ROCKY MOUNTAIN NEWS Gov. Bill Ritter discusses his veto Friday of a labor bill that would have made it easier to establish all-union workplaces. Ritter said the debate on the bill "was overheated politics at its worst " second super-majority election seems, on its face, undemocratic. It also injects government into what should be a private negotiating process be- tweenemployer and employee. I recognize how deeply disappoint- ed myfriends in organized labor will be with this decision. I know that members of my own party in the legis- laturestood fum inthe face of outra- geous,unprecedented and shameful partisan rhetoric done only for politi- calsport. But I strongly believe that the way we do the people's business is as im- portant aswhat we do.And I am obli- gated tojudge legislation by its conse- quences, intended and unintended.. Over the last several days, I have listened intently to people I respect who worried deeply about the impact this change would have on our ability to attract new business to Colorado, to create new economic opportunity for all. I am persuaded by their argu- ment that changing longtime Colo- radolaw relating to business and labor negotiations in this manner, in , the atmosphere with which it was debated, is not now in the best inter- ests ofour state. From the beginning, this was a bitter, divisive and partisan battle., Opposite sides dugih, refusingto consider reasonable compromises. It demonstrated precisely why so many people have grown so cynical about American politics. The bill's propo- nentsmade noeffort to open a dia- logue with the opponents. At times, the opponents were neither respectful nor civll. It was overheated politics at its worst. Howwe govern is important to me as governor and to the people ofColo- rado.The spirit of cooperation and collaboration embodied in the pas- sage of FasTracks,Referendum Cand other initiatives offers a perfect exam- ple ofhow we as a state can join forces, forge coalitions and move Colorado forward together. Creating the New Energy Economy, reforming health care, ftinding educa- tion, and building a 21st century trans- portationsystem requires that kind of spirit and commitment. ~ The rhetoric surrounding House Bill 07-1072 damages that spirit, threatening our goals and sinidngus into cynical politics. For these reasons, I have decided to veto House Bill 07-1072. As we move ahead, my table will always have seats forlaborand for business. I am confident they will join me, work with me, and with each other, to move Colorado forward. This is the heart of the Colorado Promise; of how we govern well, and of how we give cynics reason to hope once again. Sincerely, Bill Ritter Jr. Governor -awe, ---^ - --'°-~-'--'_°.