Loading...
HomeMy WebLinkAbout2007-07-17 Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA 6.:00 P.M. TUESDAY, JULY 17, 2007 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1 • ITEM/TOPIC: Citizen Participation. (10 min.) 2. Stan Zemler ITEM/TOPIC: Town Manager's Report. (10 min.) 3. Chris Cares ITEM/TOPIC: Community Survey Results. (50 min.) Suzanne Silverthorn BACKGROUND: The town's biennial Community Survey was conducted earlier this year in which a random sampling of 400 households received telephone calls during atwo-week. period between March 26 and April 14. Responses were obtained from 300 year-round residents and 100 part-time residents. In addition there were 48 respondents who completed aweb-based. survey and 11 others who used amail-back format. The survey takes place every-other-year and is used to evaluate municipal service levels and to identify community priorities. Chris Cares, representing the research firm RRC Associates, will provide an .overview of selected observations and key findings. The results will be posted on the town's website at www.vailgov.com beginning July 17. ACTION REQUESTED OF COUNCIL: Review the report and ask questions and add comments as needed. 4. Bill Gibson ITEM/TOPIC: First reading of Ordinance No. 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vaif Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 22, Series of 2007, on first reading. BACKGROUND RATIONALE: On July 9, 2007, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for amendments to the regulation of temporary business offices by a vote of 3-2-1 (Cleveland and Jewitt opposed, Pierce recused). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 22, Series of 2007, on first reading. 5. Warren Campbell ITEMROPIC: First reading of Ordinance No. 18, Series of 2007, an ordinance amending the prescribed zoning regulations, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 18, Series of 2007, on first reading. BACKGROUND RATIONALE: On June 11, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on the request to amend the prescribed zoning regulations for the Hillside Residential District to increase allowable site coverage from 15% to 20%. Upon consideration of the request, the Commission approved a motion recommending approval of the text amendment to the Vail Town Council by a vote of 5-1-1(Cleveland opposed, Gunion recused). STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 18, Series of 2007, on first reading. 6. Warren Campbell ITEM/TOPIC: First reading of Ordinance No. 21, 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. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2007, upon first reading. BACKGROUND RATIONALE: On June 25, 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 75 to 77 dwelling units and to address several other minor changes, located at 141 and 143 Meadow Drive, and. setting forth details in regard thereto. Upon review of the request, the Planning and Environmental Commission voted 5-1-0 (Cleveland opposed) to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2007, on second reading. 7. Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. 19. An Ordinance for the Vacation and Termination of Certain Existing Public Utility Easements within Lot 2, West Day Subdivision. (10 min.} ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 19, Series 2007. BACKGROUND RATIONALE: As-part of the approved project on Lot 2, West Day Subdivision, certain platted utility easements and utilities lying within Lot 2, are being replaced and/or reconfigured at other locations in connection with the West Day Development, and new easements have been granted or are in the process of being granted. 8• ITEM/TOPIC: Adjournment. (8:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, AUGUST 7, 2007 IN THE VAIL TOWN COUNCIL CHAMBERS. Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 17, 2007 SUBJECT: First Reading of Ordinance No. 21, 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. 21, Series of 2007, an ordinance repealing and re-enacting Ordinance No. S, 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 75 to 77 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. 21, Series of 2007, upon first reading (Attachment A). 11. BACKGROUND On June 25, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request fora 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... 75 to 77 dwelling units and to address several other minor changes. Upon review of the request, the Planning and Environmental Commission voted 5-1-0 (Cleveland opposed) 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 June 25, 2007 (Attachment B) and plans dated July 17, 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. 21, 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. 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 thirty dwelling units. over allowable (at 29.1 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. January 15 2007 Approved- Plan The following is the zoning analysis of the currently approve SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front (Meadow Drive): Building Height: Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' Z' (loading dock) to 25' 20' 0' to 25' 20' 0' to 150' 38' 99.9 ft. 2 Density: 18 units/acre 28.4 units /acre 47.5 D.U.s 75 D.Us 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 Are a: 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) May 28, 2007, Proposal The following is the zoning analysis of the currently proposed major amendments 4o SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area:. 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' West Side: 20' East Side: 20' Front (Meadow Drive): 20' Building Height: 38' Density: 18 units/acre 47.5 D.U.s GRFA: Site Coverage: 46,051.6 sq. ft. (40%) 86,346.8 sq. ft. (75%) 0' to 19' 2' (loading dock) to 25' 0' to 25' 0' to 150' 99.9 ft. 29.1 units /acre 77 D.Us 198,859 sq. ft. (172.7%) 107,772 sq. ft. (93.6%) 3 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 Handscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 %) Parking: 215 spaces 299 spaces (81 surplus spaces proposed to be in private parking club) IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2007. V. ATTACHMENTS A. Ordinance 21, Series of 2007 B. Copy of the Staff Memorandum to the Planning and Environmental Commission dated June 25, 2007,. and proposed plans for redevelopment dated July 17, 2007 4 ORDINANCE N0.21 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 tN 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 June 25, 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 WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 5-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 75 to 77 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. 21, 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 COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part. of Tract C, Block 5D, Vail Village Filing Ordinance No. 21, Series 2007 ~ 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 July 17, 2007, and stamped approved August 7, 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 shalt 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. 21, Series 2007 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- seven (77) 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. 21, Series 2007 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); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the. Design Review Board prior to the submittal. of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate. permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail. Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by .the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building Ordinance No. 21, Series 2007 4 permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. , 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work .toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The- Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special. development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: 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 far recording and restricted unit(s) shall. be available for occupancyprior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios.. The second floor retail space maybe 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 Ordinance No. 21, Series 2007 rj 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 6e invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health., safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of -any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED,. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of July, 2007, and a public hearing for second reading of this Ordinance set for the 7th day of August, 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. 21, Series 2007 6 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE:. June 25, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell SUMMARY The applicants, Crossroads East One, LLC, and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's. planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the 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 75 units to 77 units. In addition to this change there are several small dormer additions to the roof of the structure. .Special Development District No. 39, Crossroads, was established by the Town Council on the recommendation of the Planning and Environmental. Commission on March 21, 2006 to facilitate the redevelopment of the existing Crossroads site, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. The applicant is still proposing to remove the existing improvements on the site and construct a new structure and public plaza. According to the Official Town of Vail Zoning Map, the proposed development site is located Vail Town Council Attachment: B in the Commercial Service Center (CSC) zone district. As such, development on the site shall be governed by the regulations outlined in Article 7E, Commercial Service. Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 75 to 77 and the retention of the incorporated five (5) lock-offs. A proposed deviation from the allowable number of dwelling units (55) which is 30 dwelling units greater; • No change in the approved Gross Residential Floor Area (GRFA) of 198,859 square feet; • No change in the approved commercial/retail floor area; • A decrease in the number of excess parking spaces to be included in the private parking club from 84 to 81 as the two new units require three (3) additional spaces. A reduced copy of the floor plans and elevations dated May 28, 2007, have been attached for reference (Attachment A). A copy of the text detailing the application entitled Application for a Maior Amendment to Special Development District No 39 Crossroads to allow for an increase from 75 to 77 dwelling units dated May 2007, is attached for reference (Attachment B). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviations from the prescribed development standards for density (number of units). III. _ BACKGROUND • This property was annexed into the Town of Vail by Court order on August 26,.1966, as a part of the Original Town of Vail. • The existing Crossroads was developed in the 1970's as a mixed use development which has changed little since. • The Crossroads 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 any additional material other than that submitted to aid in the review of the proposed Crossroads redevelopment.. The Planning Department Staff recommended that a physical model which included adjacent properties to the Crossroads site be submitted to aid in the review and. understanding of the project. The Commission found no physical model of adjacent properties and that no other additional .information was required in order to review the proposal. One member did suggest a desire to have some demonstration of height of the proposed structure on site or in 2 the vicinity. On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits fora 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. On February 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units and to address several other minor changes. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council On April 3, 2007, the Town CounciFadopted Ordinance 10, Series of 2007, by a vote of 5-2-0 (Slifer and Gordon opposed). Discussion of the first .reading of the ordinance focused on the changes being proposed and the appropriate number of additional employee housing beds to require. The motion which passed incorporated the Planning and Environmental Commission's recommendation that the total number of employee beds to be provided be increased from 12 beds to 22 beds. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first. by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. 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 planned and designed as a whole. It is intended to guide the Town in developing. land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most. importantly, this .Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development. in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each .focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can betaken 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 Cauncil 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) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between thisarea andthe Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out" #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration ofinfill maybe done a numberof ways, it is the .overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive .and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access 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 Vail Zoning Regulations (Title 12, Vail Town Code). We believe the following code sections are relevant to the review of the applicant's request: Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. 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 ofland in orderto promote its most appropriate use• to improve the design character and quality of the new development with the town• to facilitate the adequate and economical provision of streets and utilities' to preserve the natural and scenic features of open space areas` and to further the overall goals of the communify 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. 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. January 15, 2007, Proposal The following is the zoning analysis of the currently approve SDD No. 39, Crossroads. The deviations to the prescribed .development standards are shown in bold .text in the table below. Development Standard 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' 0' to 19' 20' 2' (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. 28.4 units /acre 75 D.U.s 198,859 sq. ft. (172.7%) 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) May 28, 2007, Proposal The following is the zoning analysis of the currently proposed major amendments to SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' East. Side: 20' 0'~to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density:: 18 units/acre 29.1 .units /acre 47.5 D.U.s 77 D.U.s GRFA: 46,051.6 sq. ft. 198,859 sq. ft. (40%) (172.7%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) 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 tota l permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 %) 7 Parking: 215 spaces 299 spaces (81 surplus spaces proposed to be in private parking club) VII. SURROUNDING LAND USES AND ZONING Land Use Zonin .North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate .the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plana An approved development plan fora Special Development District, in conjunction with the property's underlying zone district, shall establish the requiremenfs 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 developmenf 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: A. Consideration of Factors Reaarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 75 to 77 and add the addition of several small dormers on the roof. These changes are accomplished within the approved bulk, mass, and height of the Structure. The increase in the number of dwelling units is accomplished by turning two, 2- floor units into four, one-floor units. There are no changes to the approved heights and setbacks of the structure. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The above criterion specifically identifies the proposed density of a project as needing. to be compatible with surrounding properties. This property is restricted to 18 dwelling units/acre per the underlying Commercial Service Center zoning. The applicant is proposing a density of 29.1 dwelling units/acre with 198,859. square feet of GRFA. The neighboring property to the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre, which the new development has proposed 8 dwelling units for a density of 2.9 dwelling units/acre with 135,184 square feet of GRFA. One Willow Bridge/Sonnenalp Hotel was substantially accommodation units (123 units) and fractional fee units (14 units) which do not count towards density. The adjacent property to the west, Vail Village Inn Phase III (SDD #6), is limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance adopting SDD #6 it is-not clear the number of dwelling units allowed, however, it identifies a minimum of 148 accommodation units and 64,267 square feet of GRFA-shall be located in Phase IV of the project, however the overall project has a much greater density. As can be seen the proposed Crossroads project has a greater density than the constructed or proposed neighboring properties and more GRFA. In the previous memorandum to the Planning and Environmental Commission staff provided an analysis of the development potential shifted from the area to be devoted to the public plaza to other portions of the site. Staff showed how the GRFA being proposed was less than possible development potential of the public plaza area in relation to the recommendations ofthe Vail Village Master Plan on height and density. Staff believes the proposed Crossroads redevelopment complies with this portion of the criterion as the proposed public benefits outweigh all deviations proposed. Employee Housing 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 9 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. In the time since the last major amendment to SDD No. 39, Crossroads, was approved, the Town Council has adopted Ordinances No. 7 and No. 8, Series of 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. The following is an analysis of how the currently proposed Solaris would be reviewed under the new regulations. However, the changes proposed in this major amendment to increase the number of dwelling units from 75 to 77 would not generate any additional employee housing requirement as the approved GRFA and commercial/retail floor area is not increasing. I. Existing Requirement for Solaris 22 Employees -mitigation negotiated as part of the DIA IL Net New GRFA for Solaris A. Residential Increase =Inclusionary Zoning Increase in GRFA from 25,385 sq. ft. to 198,859 sq. ft. = 173,474 sq. ft. increase Inclusionary Zoning requirement = 10 percent of net new residential sq. ft. 173,474 sq. ft. x 10 = 17,347.4 sq. ft. required deed restricted employee housing B. Possible Methods of Mitigation for Inclusionary Zoning On-Site Provide on-site deed restricted units of at least 17,347.4 sq. ft. 2. Off-Site Provide off-site deed restricted units of at least 17,347.4 sq. ft. 3. Fee-in-Lieu Provide afee-in-lieu payment tothe Town of Vail of 17,347.4 sq. ft. x $236.65 / sq. ft. _ $4,105,262.21 4. Dedicate land to the Town of Vail suitable to develop at least 17,347.4 sq. ft. of units. Requires Vail Town Council approval 10 III. Net New Commercial Sq. Ft. for Solaris A. Commercial Increase =Commercial Linkage Commercial Linkage requirement = 20% of net new employees generated 1. Increase in Retail sq. ft. from 22,116 sq. ft. to 36,336 sq. ft. = 14,220 sq. ff. increase 14,220 sq•. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation = 6.8 employees to be provided deed restricted employee housing 2. Decrease in Office sq. ft. from 20,000 sq. ft. to zero sq. ft. = 20, 000 sq. ft. decrease 20,000 sq. ft. / 1,000 x 3.2 employees (Business Office) x 20% mitigation _ (12.8) employees -credit 3. Increase in Eating/Drinking sq. ft. from 13,550 sq. ft. to 22,779 sq. ft. = 9,229 sq. ft. increase 9,229 sq. ft. / 1,000 x 6.75 employees (Eating/Drinking) x 20% mitigation = 12.4 employees to be provided deed restricted employee. housing 4. Decrease in Bank sq. ft. from 2,750 sq. ft. to zero sq. ft. = 2, 750 sq. ft. decrease 2,750. sq. ft. / 1,000 x 2.4 employees. (Retail Store/Personal Service) x 20% mitigation _ (1.4) employees -credit 5. Decrease in Grocery sq. ft. from 6,240 sq. ft, to zero sq. ft. = 6, 240 sq. ft. decrease 6,240 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation =(2.9) employees -credit 6. Total 2.17 employees to be provided deed restricted employee housing 11 B. Possible Methods of Mitigation for Commercial Linkage On-Site Provide on-site at least a 438 sq. ft. studio unit and pay a fee-in-lieu for the remaining .92 employee requirement Provide on-site at least a 613 sq. ft. one-bedroom Unit and pay afee-in-lieu for the remaining .42 employee requirement Provide on-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) 2. Off-Site Provide off-site at least a 613 sq. ft. one-bedroom Unit and pay afee-in-lieu for the remaining .42 employee requirement Provide off-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) 3. Fee-in-Lieu Provide afee-in-lieu payment to the Town of Vail of 2.17 employees x $131,385 = $285,105.45 4. Dedicate land to the Town of Vail suitable to develop at least a 788 sq. ft. unit. Requires Vail Town Council approval According to the calculations above,-the project, if reviewed under the current regulations as a new project, would be required to provide 17,347 sq. ft. of deed restricted employee housing per the options listed above and provide employee housing for 2.17 employees per the options listed above. In previously amending SDD No. 39, Crossroads, the Town Council required the applicant to provide twenty-two. (22) employee. beds. Staff recommends that this number of employee housing. units not be increased as there is no increase in GRFA or commercial floor area with the proposed amendment which would require an increase the number of employee housing units to be provided. Staff would suggest the following language be forwarded to the Town Council. Employee Housing: Crossroads shall furnish deed 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: cone-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. fl. of floor area and accommodate no more than 3occupants; athree-bedroom unit shall contain at least 1,350 sq. ft. of 12 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 wifh the standards and procedures established by the Town Zoning Regulations. Staff believes that the proposal complies with this portion of the criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 218 spaces. The applicants are proposing to provide a total of 299 spaces, all of which are to be provided in the proposed underground parking structure. The 81 additional parking spaces proposed to be constructed. above and beyond that which is required are proposed to be placed in a private parking club. The proposed subterranean parking structure permits a public plaza on the surface which contains an ice skating rink. In order to establish a private parking club offering parking spaces,-the Town Code requires the review and approval of a conditional use permit by the Commission. The applicant is approvals to establish an 81 stall private parking club. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum to the Planning and Environmental Commission dated February 26, 2007. The applicant is proposing to utilize all of the 81 surplus parking spaces in a private parking club in which participants would lease a space or potentially purchase if the applicant chooses to condominiumize the spaces. The .applicant desires to maintain ownership of the parking spaces to avoid not having enough parking for the retail, restaurant, and office uses if the project becomes as successful as anticipated. There. is a possibility that as various tenants begin to design and occupy their spaces that additional surplus parking may become available. When calculating the required parking staff and the applicant were conservative in estimating what percentage of restaurant spaces will become areas not assessed 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. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the applicatiori complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. 13 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, a{pine 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. 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, 14 "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area .has not been analyzed in this Plan document because the Vail 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 Village Master Plan Staff believes that the following stated goals of the Vail Village~Master Plan are applicable to this major amendment application: Goal #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. As discussed in this section of the memorandum, staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural 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. Following the review of the plans, the Public Works Department forwarded theirwritten final comments in a memorandum, dated January 16, 2006. Many of the final comments are time sensitive actions that can only be accomplished at a later date or are only necessary to 15 address if the applicants receive approval of this request. To require full compliance at this time would thus be inappropriate. A copy of the memorandum with the final written comments from the Public Works Department has been attached for reference (Attachment C). The traffic report submitted by the applicant depicts overall intersection levels for existing and future service being maintained at a Level Of Service (LOS) A. However, the Village Center Road northbound left turn movement is a LOS of C and with the development of this project this movements delay increases by approximately 15% but the LOS remains at a level of C. The overall impact on Village Center Road's north bound left turn 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 $6,500 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 81 PM Peak Hour trips for the Crossroads project. At $6,500 per net trip this results in an impact fee of $526,500. The Public Works Department is still working out the final details of the revised traffic report with the applicant and believes the peak net trip increase may go up slightly based. on the specific uses which will eventually occupy the commercial/retail space. The applicant has agreed that prior to requesting a temporary certificate of occupancy or certificate of occupancy that a revised traffic study will be performed based on the use and square footage of each use within the commercial/retail spaces of the project. This impact fee shall not be offset by any public improvements. The impact fee shall be submitted to the Town of Vail to be used specifically for traffic improvements as deemed necessary by the Town of Vail. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is still proposing a large plaza along East Meadow Drive which contains an ice skating rink 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 order for the retail to be as visible as possible. The applicant's proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Staff believes that the changes are an improvement which now makes this proposal comply with. this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, 16 to allow for an increase in the number of dwelling units from 75 units to 77 units and the addition of several dormers, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based, upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimonypresented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant .has demonstrated to the .satisfaction of the Commission, based upon the testimony and evidence presented during. the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals .and objectives of the Town. That the proposed gross residential floor area of 172.7% of lot area, additional thirty dwelling units over allowable (at 29.1 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: 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 playa 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. 17 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. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development ..district review process. 4. The Developer shall comply with the. written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. .The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for .review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The. Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m, traffic. The traffic and trip generation report prepared by Fox. Higgins . Transportation .Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still influx the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants thatwill lease. the commercial/retail space within the. project. This change may cause the trip 18 generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval. at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The. Planning and Environmental Commission and Town Council shall. review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: 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. 6. The approval of SDD No. 39, Crossroads,' shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices 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. 19 X. ATTACHMENTS A. Reduce plans of the proposal dated May 28, 2007 B. A_pglication for a Maior Amendment to Special Development District No, 39, Crossroads to allow for an increase from 75 to 77dweling units Dated May 2007 C. Public Works memo dated January 16, 2006 D. Public Notification 20 5DD ?007 ?007 w.~. ------- ___. - ,.. -- - ~ --------------- ~ ~ ` ;~ D ~ . x . e -~ ~ ~ ~, ~ ~ ~ ~; _ .. _o _ . _ __ r - C ° ~ - ~ ~' ~~~ ~; l ,.. ~ ~~ ~ooa .._ '. ,- ~ _ '~ ., ~ ~~ I~ a :~~ ~ ' f I~ ! ~i ~ ~~ i~i ;~ . _ _ ~ , , l ~~ a ~~~ ; ,~~ 7 F - ~ PEC APPROVED ~ Drawings se[ dated: 12 DEC 2005 % , ~arAxo-w~s j ~ ~auva / /~ MA)OR AMENDMENT TO SDD ~ ' - J/j APP~'~: IS JAN 2007 m wi mmvis ' umsms~as ~ .i ` ~~ PROPOSED ADDENDUM 1 ~ ~` i ,_ 28 MAY 2007 ' ~-_- _._-_._----__ ___.------ "_~" _ - '~ Cl ONDO LEVEL 5 , „s.,~ Tom~~aa«~~: BARNES COY ___ _.____._._________ ~'._ '°,5~'°.R ARCHITECTS ~Archf[ is 17 ReaIEeMW UNR vA1L, coLORAOo \~ \- - ~ ~ ----rte------_~_ ~ ~ r tl~~~ Z '~' "`~` rye ,h / s - ._- ~ - _ laa ~€y; a -may ~ SOUTHFRO/yTq- 'R AD v sd LLAGE IN L,4Zq ~ z ~ r ; ~ ~ r ~ ~ r - _ - ~. ... ,- e ,. , ..- ~ ~ -,. ~ Proa ~ - ~ 9 L 11~- ~ ~ ~ ~ ~ ____~~5 ~ ~ ,- y).v~j ,910, ~, , _ .:J <r ~ ~ v ~~ ~a ~ Av ~ ~ ,~ _ ;, 1 _ ~ ~~ - ~. 11 a' _ f_ _~~ h ~ v. ~ ~ „~ - ~ E J ~~i ~, il~ --- - - i ~~,~ .. ~ , ; ~fi w ~~ ~ I ~ ' 1 ~ I ~ t i ~>, ! ~ ~„ r' ~ ~* / ~ ~~ s ~{ °' r`. ~ ~i n i ~W _ _ ~ ~ ~~ ti ~ ~ _ ~I, ~_~~ \ a ~ E J y 1)1, -+,-~~1 ~ ~ ~1 ~' Yi 1 ~ ~£ - „~..'~,`,~ ~ _ ~ ' ~., ^'r 'L~ -~ _ f.,i 1 IIII lfl ~(I;Pj ~, ; ~ S ;[, i z.., _ i.~ ~ ~_ ~7~ y ~~\,I~I~111~1j1I~~ ~;i P I~ ~~ l il/ a ~ ~,/a~~ ~~. ,_ ~j 1 1 ~~ _ ~ ~~ y a r~ ~ I l~.Jl(ll'{i~~~ ~I(j l , ~ , l ~' r ((i~ ( /~ 1~J~~` ~i I ;._ U I T" i .., /.. ~ ~. ' k~l ~ , o / I ~~ ~ ~ ~ ~~ ~~ 1 ~~l .e ~ ~~ ~. '1" I ~ r 'as+.-~ ~ A ~1' II 1~~ 1 ' ~ ~~ ~\ T_ r<` % ~-~ ~' ~I~ ~, " ii ~ , .-~ l'~~hh`~ ;r/~fi~~ ~ ~ e,ia _ :J• , ~., ~.. i ) ,_ ~j _ X08 ~ ,/~ I ,/- ~. ~ _ ., .,, ,~~~ ~ sue. ~ ~ ~ w \ ~~ ~` ~ ~ _ 1 ` -' _- _ ~ ~! -- ail - ~,_ ~ -,L,. .._ -- _._ "~ ~. ~ < ~__-- --- ~.____~__- .... ST MEADOW RI -„~= --- - u ~.. ,~~, ,;tiF;,~~/'--a .\ r~-rte;-r - -- _ . S~LARI`' ~iwur~vra.,ve~uvn+~ BUILDING HEIGFIT PLAN (actual grade) BARNES COY ~ vAIL,mLOnAOO xoacu~smrrnwauoc ~ ~ ~~ ARCHITECTS ' .ArcML ]AN A0.Y 15, 2007 PROPOSED ADDENDUM 28 MAY 2007 SOLARIS Appi~cation for a Mayor Amendment to Special Development District No. 39, Crossroads, to allow for an increase from 75 to 77 dwelling units May 2007 Submitted by Ma~urie ro P~ann~ng group Attachment B Owner and Consultant Directory OwnerJApplicant: Peter Knobel Crossroads East One, LLC 143 East Meadow Drive Vail, CO 8I 620 Production Architect Davis Partnership 0225 Main Street, Unit C I 0 I Edwards, CO 81632 970-926-8960 Planning Mauriello Planning Group, LLC PO Box 112 7 Avon, CO 8 1620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY I 1932 63 I -537-3555 Traffic Consultant Fox 1liggins TransportatFOn PO Box 19768 Boulder, CO 80308-2768 303-589-90 I I I . Introduction Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads (Solaris), 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. Ordinance No. I O, Series of 2007, approved an increase from G9 dwelling units to 75 dwelling units and increased the employee housing requirement from 12 units to 23 units. At this time, we are requesting a mayor amendment to SDD 39 to allow for 77 dwelling units, an increase of 2 .units over. the previous approval. This will not impact GRFA approved for the property. Some small dormers have been added to the roof, but they do not contribute to the overall bulk and mass of the building and do not significantly alter the roofline. No other changes to the project are being proposed. On February 26, 2007, the Planning and Environmental Commission approved a conditional use permit for the private parking club which allowed for a deviation of 5% of the approved 84 parking spaces. This allows the parking club to be in the 80 to 88 parking space range. Therefore, it will not be necessary to revise the conditional use permit for the parking club to accommodate 2.8 parking spaces required for the new dwelling units. . 2 Cmssmads Redevelopment Mauriello Planning Group, LLC II. Appl~cat~on Process The addition of 2 dwelling units is a mayor amendment to 5DD #39. The following is the definition of a mayor amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): 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 m this section), except as provided under section 12- 15-4, "Interior Conversions", or 12- 15-5, "Add,itional Gross Residential Floor Area (250 Ordinance)", of this title. III. Submrlttal Requirements The following is a list of the submittal requirements for a mayor SDD amendment.. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the mayor amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners ad acent to the sub ect ro erty Submitted Title Re ort Submitted Written a royal Submitted A written statement addressing the folloMng: a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards rescribed in the ro erty's underlyin zone district. Submitted A coin lete zonin analysis Submitted Starr ed Too ra hit Survey Refer to the on inal submittal - no than e Existin and Pro osed Site and Gradm Plans Refer to the on inaf submittal - no than e A Vicinity Plan Refer to the original submittal - no change A landsca e Plan Refer to the on mal submittal - no than e A Roof 11ei ht Plan Refer to the on inal submittal - no than e Existin and Pro osed Architectural Elevations Refer to the on mal submittal - no Chan e Existm and Pro osed Architectural Floor Plans Submitted 5un/shade analysis Refer to the original submittal - no than e All lans must also be submitted in 8.5. x 1 I .reduced format. Submitted An Architectural or massin model Refer to the on anal submittal - no than e Photo overlays Refer to the on inal submittal - no Chan e Parkin needs assessment and vehicular circulation analysis Submitted An Environmental Impact Report Refer to the original submittal - no change 3 Crossroads Redevelopment Mauriello Planning Group, LLC IV. Detailed Project Description and Zanmg Analysis A. Res~dentra! Floor Areas While we are requesting an increase in density from 75 units to 77 units, there is no change in the approved gross residential floor area. B. Par,~ing Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 299 parking spaces to meet the parking requirements of the project including the 81 space prwate parking .club, reduced from 84 spaces from the previous approval. Use # of Units/S . Ft. Code Rataos Total Dwelhn Urnts 77 i •4 107.8 Retail 35, 117 0.0023 80.77 Theater seatm 3,248 0.006060606 19.68 Restaurant seatm 4,4 12 0.004 17.65 Bowlin I , 170 0.0023 2.69 Total 228.59 5% reduction I I .43 Net Re wired Parlvn 2 17.16 Parkin Provided 299.00 Parkin Club Parkn 81 C. Density Density is expressed as the number of residentia- dwelling units per acre of land. The proposed amendment includes an increase from 75 units to 77 units. The site is 2.463 acres. The current approval allows for 28.3 units per acre. The. proposed increase to 77 units results m a proposed density of 3 I .26 dwelling units per acre. 4 Cmssmads Redevelopment Mauriello Planning Gioup, LLC VI. Speaal Development District -Standards and Criteria "The purpose of the special deve%pment district rs tv encourage fleribdity and creativity rn the development of land in order to promote its most app~oprrate use,' to improve the design character and quality of the new development with Ehe 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 rn the t/ad comprehensive plan. " The following design criteria are used by the Town in the. evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis.: The proposed Solaris redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture. While the site is not located m the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made. by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (I/2-acre m 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 m the area. The building was also designed to appear as several bu~ld~ng forms. The roof ridges were turned north south to prevent a long continuous roof ridge running east west across the site which has been fairly common on other redevelopment projects. There are no mayor flat roofs proposed on this structure. 5 Crossroads Redevelopment Mauaello Planning Group, LLC The additional dormer break up the roof even more than the previous approval. The dormers are not likely to be perceived except from above or far away. There is no impact on bulk and mass. The materials are of the highest duality and include Telluride Gofd stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high duality that maintenance is minimally reduired. 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 strove to reinterpret its heritage and look to the future, instead of simply mimicking 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 in particular. The proposed development plan is compatible with the area. The site is located across the street from the 5onnenalp redevelopment project and adjacent to the Vail Plaza Hotel 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 duality 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 high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high duality mix of uses along East Meadow Drive. 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 duality in Vail, new public plaza spaces and amenities, and high duality 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 aii of the businesses in the 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, efficient, and workable relationship with surrounding uses and activities. 6 Crossroads Redevelopment Mauriello Planning Gxoup, LLC C. Parlung and Loading: Compliance with parking and loading reduirements 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 detarls on parking and loading. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Pian, Town policies and urban design plans. Our Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town. pohaes. 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 community. Our Analysis: The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and 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 plan includes a large open plaza (nearly 20% of the area of the entire site}, This I /2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. 7 Crossroads Redevelopment Mauriello Planning Group, LLC G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and ofF-site traffic circulation. Our Analysis: The Solaris 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 delivery entering the Solar~s site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The foadmg facility includes five loading berths, the maximum required by the Town Code for amixed-use faality. The loading dock also includes a trash facility for the project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. AN of the parking far the site is accessed from Village Center Road. RII of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a Porte cochere along the South Frontage Road for residential guests arriving at the site. The Porte cochere will provide temporary pick-up for guests and valet parking. A traffic report is included in the Environmental Impact Report (EIR) for this project and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial uses are finalized. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for mayor roadway improvements due to the traffic generated far the proposed uses on--site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. h. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: The 5olaris project is currently deve-oped with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Solaris provides significant landscape materials 8 Cmssmads Redevelopment Mauriello Planning Group, LLC 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 Pian: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analysis: The project is proposed to be developed in one phase. Permits for demolition andexcavation will be pursued prior to a full building permit being issued for the project. A condominium plat will be required prior to CO of the project. 9 Czossmads Redevelopment Maudello Planning Gmup, LLC VIII. Adjacent Property Owners VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION JOSEF STAUFER i 00 E MEADOW DR #3 I VAIL, CO 8 1657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION G/O ABPLANALP LAW OFFICE LLC POST OFFICE BOX 2800 VAIL, CO 8 1658 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION 100 EAST MEADOW DRIVE STE 3 I VAIL, CO 81657 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. 880 HOMESTEAD DRIVE, NO. 25 EDWARDS, CO 8 1632 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 EDWARDS, CO 8 1632 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC PO BOX 666 VAIL, GO 8 1658 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO R1=GISTRATION, INC. POST OFFICE BOX 666 VAIL, CO 8 1658 JOSEF STAUFER P O BOX 666 VAIL> CO 81658 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION 143 E. MEADOW DRIVE NO. 360 C/O SLIFER MANAGEMENT CO VAIL, CO 8 1657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SALLY HANLON ABPLANALP LAW OFFICE LLG POST OFFICE BOX 2800 VAIL, CO 81658 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SALLY HANLON 385 GORE CREEK DRIVE- NO. R-2 VAIL, CO 81657 VAIL DOVER ASSOCIATES LLC 4148 N ARCADIA DR PHOENIX, AZ 85018 VAIL CORE CONDOMINIUM ASSOCIATION, INC. HELJ=N E. BIRD P O BOX 5940 AVON, GO 8 1620 AUSTRIA HAUS CONDO ASSOC INC 20 VAIL RD VAIL, CO 81657 AUSTRIA HAUS CONDOMINIUM ASSOCIATION, INC. JOHN MILLS C/O SONNENALP HOTEL 20 VAIL ROAD VAIL, CO 81657 HIBBERD, FRED, JR 400 NW RIDGE RD JACKSON, WY 8300 I TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 8 1657 VILLAGE CENTER ASSOC 124 WILLOW BRIDGE RD VAIL, CO 8 1657 SONNENALP PROPERTIES INC 20 VAIL RD VAIL, CO 81657 CDOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 10 Crossroads Redevelopment Mauriello Planning Group, LLC MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, GO 81 620 CROSSROADS OF VAIL CONDOMINIUM ASSOCIATION CRAIG C011N 22 I I NORTH FRONTAGE ROAD, SUITE A VAIL, GO 81657 CROSSROADS EAST ONE LLG 329 MILL CREEK CIR VAIL, CO 8 (657 KNOBEL CIIILDRENS INVESTMENT TRUST 1996 392 MILL GREEK CIR VAIL, CO 8 1657 SPRADDLE CREEK LLC 392 MILL CREEK CR VAIL, CO 81657 11 Crossroads Redevelopment Mauriello Planning Group, LLC MEMO ~/ To: Warren Campbell, Senior Planner From: Tom Kassmel, Town Engineer Re: Crossroads Redevelopment-Public Works Comments Date: 01-16-06 After a review of the submittal of the Crossroad redevelopment plans, the Public Works Departments finds the following issues that will need to be addressed prior to final approval. The following outlines continents 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 Tawn codes and standards. Alz additional 2 to 6 month review atld 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 es to the PEC approved plans are required a condition of PEC approval. If Chang by C-DOT to facilitate an Access Permit the applicant will be required to retui7~ for an ainendanent 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 wish the Town of Vail 6. The aligmnent 61f 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 by Village Center. Please coordinate with Village Center and Town of V ail. 7. Applicant shall be responsible far the complete desigY2 and const~vctian 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 a11d 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. S. The heated streetseape proposed within the public ROW shall be constructed, operated, and maintained by Crossroads as ed to be constru ced anaVllage Center 12, 2005. The heated improvements propo 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 C plant of this area nor is it within the Town's plan to pay far its operation and maintenance. This will require further coinmitn~ent from the Ta~vn once these v improvements are constructed. If the Tot~rn does not conunit 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 stoin2 sewer system. 12. All grading. and drainage for parking structure is required to be shown. Provide a sand/oil separator. 13. A Traffic im}~act fee of $5000 per additional pm 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 perniit 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 -l conflicts and nail locations. It should be noted that any encroaclunent into C:DOT ROW (i.e. shoring) will require their approval and may include, a lease agreement, pernit etc... 16. The developer shall be responsible to conshuct 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 s)~ould be dedicated, siimilar 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, dawn a service elevator, then direct access to the plaza level, an easement for this access will be required. 20. A stormwateY discharge permit aild erosion control plan will be required prior to building pernit approval. 21. An approved staging plan, phasing plan, and construction schedule shall be required prior to Building Permit approval. ~. rol~v o~ yA~ ~-' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE. NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on June 25, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an .increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west. side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard. thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours. at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited. to attend project orientation and the site visits that precede the public hearing in the Town of. Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published June 8, 2007, in the Vail Daily. Attachment D .~ Page 1 ORDINANCE NO. 19 SERIES OF 2007 AN ORDINANCE FOR THE VACATION AND TERMINATION OF CERTAIN EXISTING PUBLIC UTILITY EASEMENTS WITHIN LOT 2, WEST DAY SUBDIVISION WHEREAS, RCR Vail, LLC, a Colorado limited liability company, as the owner of Lot 2, West Day Subdivision, according to the recorded plat thereof ("Lot 2"), is in the process of commencing a real estate development on Lot 2 (the "West Day Development") pursuant to development approvals rendered by the Town of Vail (the "Town"), Lot 2 being within the municipal boundaries and jurisdiction of the Town; and WHEREAS, in furtherance of the undertaking of the West Day Development, the Town has determined to vacate and terminate certain platted utility easements lying within Lot- 2, those easements and related utility facilities being replaced and/or reconfigured at other locations in connection with the West Day Development; and WHEREAS, the Town gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. . The Town hereby vacates, abandons, relinquishes, releases and terminates (the "Termination") all utility easements within Lot 2, West Day Subdivision, according to the recorded plat thereof, which are shown by that plat as arising or originating from Reception No. 151373 (the plat of Morcus Subdivision), and as those same easements maybe established, reconfirmed or shown on any other subdivision plats of record, including, without limitation, Vail/Lionshead, Third Filing, recorded October 15, 1971, in Book 221 at Page 992, and Vail/Lionshead Fifth Filing, recorded January 27, 1977, at Reception No. 148377. (The foregoing references to Reception numbers and Book and Page numbers are to recording references in the real property records for Eagle County, Colorado.) Those utility easements which are the subject of the Termination (the "Termination Easements") are also depicted for illustrative purposes (but not to limit their scope) on Exhibit A attached hereto and incorporated herein by this reference. (For purposes of the publication of this Ordinance, Exhibit A will not be included in the publication, but notice is hereby given that Exhibit A will be maintained on file and available for review at the offices of the Town Clerk of the Town of Vail.) This Termination of the Termination Easements shall be subject, however, to satisfaction of the "Termination Conditions" set forth below. Section 2. As conditions to the effectiveness of the Termination, (i) any existing utility facilities within the Termination Easements must have been or be relocated and made operational in accordance with the ordinary installation requirements of the pertinent utility supplier,. (ii) replacement easements Ordinance No. 19, Series 200'7 must have been or be established by grant of record to the pertinent utility supplier to accommodate those relocated utility facilities, and (iii) new drainage easements must be established of record to provide requisite storm drainage functions in accordance with the Town requirements applicable to the West Day Development (the "Termination Conditions"). In connection therewith: (a) The Town Manager, in consultation with the Director of Public Works and the Town Attorney, is hereby authorized to execute and record an acknowledgment of the satisfaction of the Termination Conditions when the Town Manager determines that the Termination Conditions have been satisfied, which recorded acknowledgment shall attach a copy of this Ordinance; the execution and recordation of such acknowledgment shall be conclusive that the Termination Conditions have -been satisfied, and. thereupon the Termination will be fully effective, such that the Termination Easements are of no further force or effect. (b) Upon the satisfaction of the Termination Conditions, the Town Manager, in consultation with the Town Attorney and in addition to executing and recording the acknowledgment of the satisfaction of the Termination Conditions, shall execute such further quitclaim deeds and other documents and instruments as RCR Vail, LLC may reasonably request to confirm and evidence the Termination of the Termination Easements. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 5. 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. Ordinance No. 19, Series 2007 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3'~ day of July, 2007, and a public hearing for second reading of this Ordinance set for the 17t1` day of July, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17a' day of July, 2007. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor, Town of Vail Ordinance No. 19, Series 2007 3 EXHIBIT A Depiction of Termination Easements (See .the .attached) Ordinance No. 19, Series 2007 A_ 1 LINE TABLE LINE LENGTH BEARING L1 65.88' N15°50'27"W L2 146.39' N26°13'51"E L3 218.90' N12°34'39"W L4 21.30' N69°42'49"E L6 2.58.93' N69°42'49"E L7 6.35' 520°17'11"E L8 198.65' N74°12'56"E CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHORD CHORD BEARING C1 62°28'13" 24.91' 27.16' 15.11' 25.83' S15°45'24"W C2 15°44'48" 629:25' 172.94' 87.02' 172.39' N38°00'42"E C3 80°45'12" 25.00' 35.24' 21.26' 32.39' S66°36'29"W C4 32'11'06" 391.99' 220.20' 113.09' 217.31' S88°43'10"E G3 ~ 9.14' WEST LIONSHEAD CIRCLE C4 (50' R.O.W.) N 26'13' 51 "E 12.66' ~V J~` ~~ ^ - ~~ '~~P~ scal~:~ r'• so ~ Q~ ~ F~ ~~ ~ ~~O Qp, ~'` ~ ~~ G~' ~`~o N74'12'56"E~_136C41 ~ UI ~~ 0 D O ~ ` 165. N74'12'56"E - L=(35.06') %~~v ~- 18.43' 241.58' T.P.O. B. N74'12'56"E - 241.91' 7- 47.45' - , .~-~ C'C`"C\ ~-~~~ 1/ 40.0' UTILITY EASEMENT (RECEPTION No. 151373) TO BE VACATED BY THIS DOCUMENT (HATCHED AREA) ^a Z it y a Z III J WI O w ~ m i N W N Z o ~ cn ~ ~ J ~ O o~ o ~ I!. r ~-- ~~ N74'12'56"E - 281.88' [281.58'] SEE DETAIL THIS SHEET LOT 2 WEST DAY SUBDIVISION 2.399 ACRES (RECEPTION No. 908760) P.O.C. 0.6T DETfIIl NOT TO SCALE. + F LJ L L6 LOT 3 EXHIBIT - A o LOT 2, WEST DAY SUBDIVISION ` PEAK •.Nru i~n~ti~ A'.' ING TOWN OF VAIL, EAGLE COUNTY, COLORADO ;~E~, ~"L~, sup, ~nwuofunn. July 12, 2007 MAY 2007 VAIL BUSINESS REVIEW Overall May sales tax increased 16.9°Io with Retail increasing 11.4%,Lodging increased 32.9%, Food and. Beverage increased 23.7°Io and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 14.2%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on the Internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vail ov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479- 2119. Sincerely, Vt.J~C.~ Sally Lorton Sales Tax Administrator May 2007 SALES TAX VA/L VILLAGE May May May 2006 2007 Collections Collections Change Retail 28,688 37,016 29.0% Lodging 23,375 26,651 14.0% Food & Beverage 42,307 56,047 32.5% Other 1,426 24,438 1613.7% i Total 95,796 144,152 50.5%° LIONSHEAD May May May 2006 2007 Collections Collections Change Retail 9,257 12,029 29.9% Lodging 3,555 13,589 282.3% Food & Beverage 5,943 11,717 97.2% Other 2,405 4,393 82.7% Total 21,1'60 41.,728 - - ____ 97.2% I l May 2007 SALES TAX CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL May May May 2006 2007 Retail Lodging Food & Beverage Other Total ~oiiections ~,oiieciivns ~nan e .86,320 88,913 3.0% 21,309 21,337 0.1 % 29,863.. 28,533 -4.5% 4,658 3,688 -20.8% 142,150 142,471 0.2% OUT OF TOWN May May May 2006 2007 Collections Collections ChangE Retail Lodging Food & Beverage Utilities & Other Total ..35,339 39,804 12.6% 795 3,598 352.6% 117 470 301.7% 153,937 153,028 -0.6% 190,1.88 __ 196,900 3.5% May 2007 SALES TAX TOTAL May May May 2006 2007 Retai I Lodging Food & Beverage Utilities & Other Total ~,oneciions ~ 59,604 49,034 ~oiieciivns 177,762. 65.,175 ~nange 11.4% 32.9% ~ 78,230. 96,767. 23.7% 162,426 185,547 14.2% 449,294 525,251 t 6.9% RETAIL SUMMARY May 2006 Collections May 2007 Collections May % Chan e FOOD 61,858 64,621 4.5% LIQUOR 12,833 13,308 3.7% APPAREL 9,865 15,389 56.0% SPORT 12,862 14,207 10.5% JEWELRY 3,784 5,240 38.5% GIFT 3,197 3,173 -.8% GALLERY 874 997 14.1 % OTHER 53,944 60,415 12.0% HOME 387 412 6.5% OCCUPATION TOTAL 159,604 177,762 11.4% ACCESSIBILITY CONSIDERATIONS: (should go on page 38- also add to Table of Contents) As an event organizer, you are required to comply with all City, County, State and Federal Disability Access requirements applicable to your event. All temporary venues, related structures, and outdoor sites for special events shall be accessible to persons with disabilities. Disability access may include parking, restrooms, and clear paths of travel, transportation, signage, accessible vendors and booths. The following checklist is intended to serve as a planning guideline and may not be inclusive of all City, County, State and Federal access requirements: • Will there. be a clear path of travel throughout your event venue? • Have temporary structures and booths been placed so as not to impede. disability access and parking facilities? • Does your event venue provide. adequate viewing opportunities for individuals with disabilities? • Have you included accessible parking and/or transportation in your event plan? • Will a minimum of 10% of portable restrooms at your event be accessible? • Will all food, beverage and vending areas be accessible? • Will all signage be placed so pedestrian flow will not obstruct its visibility? Attention to these considerations will result in a venue that provides opportunity for all of our guests and residents to fully enjoy and participate in your event. MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: July 17, 2007 SUBJECT: First Reading of Ordinance No. 21, 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 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. 21, 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 #his ordinance is to increase the maximum allowable number of dwelling units from 75 to 77 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. 21, Series of 2007, upon first reading (Attachment A). 11. BACKGROUND On June 25, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request fora 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.... 75 to 77 dwelling units and to address several other minor changes. Upon review of the request,-the Planning and EnvironmentaF Commission voted 5-1-0 (Cleveland opposed) 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 June 25, 2007 (Attachment B) and plans dated July 17, 2007, (Attachment C). 6 The Commission's recommendation of approval for the major amendment includes thirteen (13) conditions of approval, as outlined in Section 4 of Ordinance No. 21, 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 fhe 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, additior-al Thirty dwelling units over allowable (at 29.1 units per acre tofa!) 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. January 15 2007 Approved Plan The following is the zoning analysis of the currently approve SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front (Meadow Drive): Building Height: Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' 2' (loading dock) to 25' 20' 0' to 25' 2p' 0' to 150' 38' 99.9 ft. 2 Density: 18 units/acre 28.4 units /acre 47.5 D.Ua 75 D.Us 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) May 28, 2007, Proposal The following is the zoning analysis of the currently proposed major amendments to SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard 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. 2p' 0' to 19'- 20' 2' (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%) 29.1 units lacre 77 D.U.s 198,859 sq. ft. (172.7%) 107,772 sq. ft. (93.6%) 3 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 %) IV. V. Parking: 215 spaces STAFF RECOMMENDATION 299 spaces (81 surplus spaces proposed to be in private parking club) The Community Development Department recommends that the Vail Town Council approves Ordinance No. 21, Series of 2007. ATTACHMENTS A. Ordinance 21, Series of 2007 B. Copy of the Staff Memorandum to the Planning and Environmental Commission dated June 25, 2007, and proposed plans for redevelopment dated July 17, 2007 4 ORDINANCE N0.21 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 June 25, 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 WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval with conditions, by a vote of 5-1-0 of this request for a major amendment to increase the maximum number of dwelling units from 75 to 77 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. 21, 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 COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing Ordinance No. 21, Series 2007 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 July 17, 2007, and stamped approved August 7, 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 theintegrity 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. Lof 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. 21, Series 2007 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- seven (77) 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. 21, Series 2007 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); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application.. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate. permits to access the. South Frontage: Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer. shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail. Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; The Developer shall submit a comprehensive sign program for review and approval by .the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic.. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated. November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building Ordinance No. 21, Series 2007 tl. permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. , 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the .approval of said special development district shall be -void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: cone-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. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios.. The second floor retail space maybe 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 Ordinance No. 21, Series 2007 rj 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 6e invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health., safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of -any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly. stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED,. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of July, 2007, and a public hearing for second reading of this Ordinance set for the 7~' day of August, 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. 21, Series 2007 6 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 25, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development. District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell I. SUMMARY The applicants, Crossroads East One, LLC, and Crossroads West One, LLC, represented by Mauriello Planning Group,. LLC, are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special. Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's. planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and EnvironmentaLCommissionforwards arecommendation ofapproval, with conditions of the applicant's request for a major amendment to Special developmentpistrict (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicants, Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello. Planning Group, LLC; are requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 75 units to 77 units. In addition to this change. there are several small dormer additions to the roof of the structure. Special Development District No. 39, Crossroads, was established by the Town Council on the recommendation of the Planning and Environmental Commission on March 21, 2006 to facilitate the redevelopment of the existing Crossroads site, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. The applicant is still proposing to remove the existing improvements on the site and construct a new structure and public plaza. According to the Official Town of Vail Zoning Map, the proposed development site is located Vail Town Council Attachment: B in the Commercial Service Center (CSC) zone district. As such, development on the site shall be governed by the regulations outlined in Article 7E, Commercial Service. Center (CSC) District, Title 12, Zoning Regulations, Vail Town Code. The key elements of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 75 to 77 and the retention of the incorporated five (5) lock-offs. A proposed deviation from the allowable number of dwelling units (55) which is 30 dwelling units greater; • No change in the approved Gross Residential Floor Area (GRFA) of 198,859 square feet; • No change in the approved commercial/retail floor area; • A decrease in the number of excess parking spaces to be included in the private parking club from 84 to 81 as the two new units require three (3) additional spaces. A reduced copy of the floor plans and elevations dated May 28, 2007, have .been attached for reference (Attachment A). A copy of the text detailing the application entitled Application for a Maior Amendment to Special Development District No 39 Crossroads to allow for an increase from 75 to 77 dwelling units dated May 2007, is attached for reference (Attachment B). Pursuant fo 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). II1. 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 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. On February 26, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 39, Crossroads. The purpose of the major amendment is to increase the maximum allowable number of dwelling units from 69 to 75 dwelling units and to address several other minor changes. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval of the request to amend Special Development District No. 39, Crossroads, to the Vail Town Council On April 3,2007, the Town Council adopted Ordinance 10, Seriesof 2007, by a vote of 5-2-0 (Slifer and Gordon opposed). Discussion of the first .reading of the ordinance focused on the changes being proposed and the appropriate number of additional employee housing beds to require. The motion which passed incorporated the Planning and Environmental Commission's recommendation that the total number of employee beds to be provided be increased from 12 beds to 22 beds. IV. ROLES OF REVIEWING BOARDS Major Amendment to a Special Development District Order of Review: Generally, applications will be reviewed first. by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council 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 respecf to the required criteria and findings, and a 3 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 Villaae Master Plan The Vail Village Master Plan is based on the. premise that. the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals .for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this .Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. Goals for Vail Village are summarized in six major goal statements. While there is a certain amount of overlap between these six goals, each focuses on a particular aspect of the Village and the community as a whole. The goal statements are designed to establish a framework, or direction, for the future growth of the Village. A series of objectives outline specific steps that can be taken toward achieving each stated goal. Policy statements have been developed to guide. the Town's decision-making in .achieving each of the stated objectives, whether it be through the review of private sector development proposals or in implementing capital improvement projects. The Vail Village Master Plan 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 4 application appear in Section. VI II under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger scale buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential for improvements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is also a long term goal to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially leave the sub-area "built out: #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration of infill may be done a number of ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is also important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential. 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 Vail Zoning Regulations (Title 12, Vail Town Gode). 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 permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. Article 12-9A: Special Development (SDD) District (in part) Section 12-9A-1: Purpose: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use' to improve the design character and guality of the new development with the town' to facilitate the adequate and economical provision of streets and utilities• to preserve the natural and scenic features of open space areas' and to further the overall qoa/s of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, m conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. The 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. January 15, 2007, Proposal The following is the zoning analysis of the currently approve SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front (Meadow Drive): Building Height: Density: GRFA: Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' 2' (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%) 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 tota l 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) May 28, 2007, Proposal The following is the zoning analysis of the currently proposed major amendments to SDD No. 39, Crossroads. The deviations to the prescribed development standards are shown in bold text in the table below. Development Standard Lot Area: Buildable Area: Setbacks: Front (Frontage Road): West Side: East Side: Front. (Meadow Drive): Building Height: Density:. GRFA: Site Coverage: 46,051.6 sq. ft. 198,859 sq. ft. (40%) (172.7%) 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 1'8,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of tota l permitted 4,605.1 sq. ft. 29,078 sq: ft. (20%) (67.1 %) Allowed Proposed 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) 115,129 sq. ft. 20' 0' to 19' 20' 2' (loading dock) to 25' 20' 0'~ to 25' 20' 0' to 150' 38' 99.9 ft. 18 units/acre 29.1 units /acre 47.5 D.U.s 77 D.U.s 7 Parking: 215 spaces 299 spaces (81 surplus spaces .proposed to be in private parking club) VII. SURROUNDING LAND USES AND ZONING Land Use Zonin North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development. districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate fhe 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: A. Consideration of Factors Regarding Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height,- buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual .integrity and orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 75 to 77 and add the addition of several small dormers on the roof. These changes are accomplished within the approved bulk, mass, and height of the structure. The increase in the number of dwelling units is accomplished by turning two, 2- floor units into four, one-floor units. There are no changes to the approved heights: and setbacks of the structure. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The above criterion specifically identifies the proposed density of a project as needing to be compatible with surrounding properties. This properly is restricted to 18 dwelling units/acre per the underlying Commercial Service Center zoning. The applicant is proposing a density of 29.1 dwelling units/acre with 198,859_ square feet of GRFA. The neighboring property to the south, the One Willow Bridge/Sonnenalp Hotel development, is limited to 25 dwelling units/acre, which the new development has proposed 8 dwelling units for a density of 2.9 dwelling units/acre with 135,184 square feet of GRFA. One W illow 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 111 (SDD #6), is limited to 25 dwelling units/acre with the underlying zoning. In the Ordinance adopting SDD #6 it is not clear the number of dwelling units allowed, however, it identifies a minimum of 148 accommodation units and 64,267 square feet of GRFA shall be located in Phase IV of the project, however the overall project has a much greater density. As can be seen the proposed Crossroads project has a greater density than the constructed or proposed neighboring properties and more.GRFA. In the previous memorandum to the Planning and Environmental Commission staff provided an analysis of the development potential shifted from the area to be devoted to the public plaza to other portions of the site. Staff showed how the GRFA being proposed was less than possible development potential of the public plaza area in relation to the recommendations of the Vail Village Master Plan on height and density. Staff believes the proposed Crossroads redevelopment complies with this portion of the criterion as the proposed public benefits outweigh all deviations proposed. Employee Housing 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 9 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. In the time since the last major amendment to SDD No. 39, Crossroads, was approved, the Town Council has adopted Ordinances No. 7 and No. 8, Series of 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. The following is an analysis of how the currently proposed Solaris would be reviewed under the new regulations. However, the changes proposed in this major amendment to increase the number of dwelling units from 75 to 77 would not generate any additional employee housing requirement as the approved GRFA and commercial/retail floor area is not increasing. I. Existing Requirement for Solaris 22 Employees -mitigation negotiated as part of the DIA II. Net New GRFA for Solaris A. Residential Increase =Inclusionary Zoning Increase in GRFA from 25,385 sq. ft. to 198,859 sq. ft. = 173,474 sq. ft. increase Inclusionary Zoning requirement = 10 percent of net new residential. sq. ft. 173,474 sq. ft. x 10 =17,347.4 sq. ft. required deed restricted employee housing B. Possible Methods of Mitigation for Inclusionary Zoning 1. On-Site Provide on-site deed restricted units of at least 17,347.4 sq. ft. 2. Off-Site Provide off-site deed restricted units of at least 17,347.4 sq. ft 3. Fee-in-Lieu Provide afee-in-lieu payment to the Town of Vail of 17,347.4 sq. ft. x $236.65 / sq. ft. _ $4,105,262.21 4. Dedicate land to the Town of Vail suitable to develop at least 17,347.4 sq. ft. of units. Requires Vail Town Council approval 10 III. Net New Commercial Sq. Ft. for Solaris A. Commercial Increase =Commercial Linkage Commercial Linkage requirement = 20% of net new employees generated 1. Increase in Retail sq. ft. from 22,1.16 sq. ft. to 36,336 sq. ft. = 14, 220 sq. ff. increase 14,220 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation = 6.8 employees to be provided deed restricted employee housing 2. Decrease in Office sq. ft. from 20,000 sq. ft. to zero sq. ft. = 20, 000 sq. ft. decrease 20,000 sq. ft. / 1,000 x 3.2 employees (Business Office) x 20% mitigation _ (12.8) employees -credit 3. Increase in Eating/Drinking sq. ft. from 13,550 sq. ft. to 22,779 sq. ft. = 9,229 sq. ft, increase 9,229 sq. ft. / 1,000 x 6.75 employees (Eating/Drinking) x 20% mitigation = 12.4 employees to be provided deed restricted employee housing 4. Decrease in Bank sq. ft. from 2,750 sq. ft. to zero sq. ft. = 2, 750 sq. ft. decrease 2,750 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation _ (1.4) employees -credit 5. Decrease in Grocery sq. ft. from 6,240 sq. ft. to zero sq. ft. = 6, 240 sq. ft. decrease 6,240 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x ZO% mitigation =(2.9) employees -credit 6. Total 2.17 employees to be provided deed restricted employee housing 11 B. Possible Methods of Mitigation for Commercial Linkage On-Site Provide on-site at least a 438 sq. ft. studio. unit and pay a fee-in-lieu for the remaining .92 employee requirement Provide on-site at least a 613 sq. ft. one-bedroom Unit and pay afee-in-lieu for the remaining .42 employee requirement Provide on-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) 2. Off-Site Provide off-site at least a 613 sq. ft. one-bedroom Unit and pay afee-in-lieu for the remaining .42 employee requirement Provide off-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) 3. Fee-in-Lieu .Provide afee-in-lieu payment to the Town of Vail of 2.17 employees x $131,385 = $285,105.45 4. Dedicate land to the Town of Vail suitable to develop at least a 788 sq. ft. unit. Requires Vail Town Council approval According to the calculations above, the project, if reviewed under the current regulations as a new .project, would be required to provide 17,347 sq. ft. of deed restricted employee housing per the options listed above and provide employee housing for 2.17 employees per the options listed above. In previously amending SDD No. 39, Crossroads, the Town Council required the applicant to provide twenty-two (22) employee beds. Staff recommends that this number of employee housing. units not be increased as there is no increase in GRFA or commercial floor area with the proposed amendment which would require an increase the number of employee housing units to be provided. Staff would suggest the following language be forwarded to the Town Council. Employee Housing: Crossroads shall furnish deed 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: cone-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 12 floor area and accommodate no more than 4 occupants; and afour-bedroom unit shall contain at /east 1,500 sq, ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction 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 complies with this portion of the criterion. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 218 spaces. The applicants. are proposing to provide a total of 299 spaces, all of which are to be provided in the proposed underground parking structure. The 81 additional parking spaces proposed to be constructed above and beyond that which is required are proposed to be placed in a private parking club. The proposed subterranean parking structure permits a public plaza on the surface which contains an ice skating rink. In order to establish a private parking club offering parking spaces,-the Town Code requires the review and approval of a conditional use permit by the Commission. The applicant is approvals to establish an 81 stall private parking club.. Staff addresses the criteria for the establishment of a private parking club in the Conditional Use Permit memorandum to the Planning and Environmental Commission dated February 26, 2007. The applicant is proposing to utilize all of the 81 surplus parking spaces in a private parking club in which participants would lease a space or potentially purchase if the applicant chooses to condominiumize the spaces. The applicant desires to maintain ownership of the parking spaces to avoid not having enough parking forthe retail, restaurant, and office uses if the project becomes as successful as anticipated. There. is a possibility that as various. tenants begin to design and occupy their spaces that additional surplus parking may become available. When calculating the required parking staff and the applicant were conservative in estimating what percentage of restaurant spaces will become areas not assessed 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. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. 13 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. 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, 14 "Vail Village has been designated separately as a mixed use area and accounts for 77 acres or about 2% of the Plan area. This area has not been analyzed in this Plan document because the Vail 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 Village Master Plan Staff believes that the following stated goals of the Vail Village~Master Plan are applicable to this major amendment application: Goal #2: To foster a strong fourist industry and promofe 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 goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic. hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development site is not located in any. geologically sensitive areas.. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic. quality of the community. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and .open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Town of Vail Public Works Department has reviewed the proposed plans for circulation to ensure that it is designed well for both vehicles and pedestrians on and off the site. Following the review of the plans, the Public Works Department forwarded their written final comments in a memorandum, dated January 16, 2006. Many of the final comments are time sensitive actions that can. only be accomplished at a later date or are only necessary to 15 address if the applicants receive approval of this request. To require full compliance at this time would thus be inappropriate. A copy of the memorandum with the final written comments from the Public Works Department has been attached for reference (Attachment C). The traffic report submitted by the applicant depicts overall intersection levels for existing and future service being maintained at a Level Of Service (LOS) A. However, the Village Center Road northbound left turn movement is a LOS of C and with the development of this project this movements delay increases by approximately 15% but the LOS. remains at a level of C. The overall impact on Village Center Road's north bound left turn 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 $6,500 per additional peak PM trip generated by this project should it be granted approval. The traffic report identifies that there is a net increase of 81 PM Peak Hour trips for the Crossroads project. At $6,500 per net trip this results. in an impact fee of $526,500. The Public Works Department is still working out the final details of the revised traffic report with the applicant and believes the peak net trip increase may go up slightly based on the specific uses which will eventually occupy the commercial/retail space. The applicant has agreed that prior to requesting a temporary certificate of occupancy or certificate of occupancy that a revised traffic study will be performed based on the use and square footage of each use within the commercial/retail spaces of the project. This impact fee shall not be offset by any public improvements. The impact fee shall be submitted to the Town of Vail to be used specifically for traffic improvements as deemed necessary by the Town of Vail H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The applicant is still proposing a large plaza along East Meadow Drive which contains an ice skating rink 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 order for the retail to be as visible as possible. The applicant's proposal complies with the landscaping minimum requirements as depicted on the landscaping plan. Staff believes that the changes are an improvement which now makes this proposal comply with this criterion. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, 16 to allow for an increase in the number of dwelling units from 75 units to 77 units and the addition of several dormers, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based. upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose.to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during. the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goals and objectives of the Town. That the proposed gross residential floor area of 172.7% of lot area, additional thirty dwelling. units over allowable (at 29.1 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 fhe 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: 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 playa 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. 17 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. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development .district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for .review and approval with the application for a building permit. 6. The Developer shall submit afire and life safety plan forreview and approval by the Town of Vail Fire Department in conjunction with-the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the .Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation .Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still influx the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the. trip 18 generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval. at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental. Commission and Town Council shall. review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: 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. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space maybe 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. 19 X. ATTACHMENTS A. Reduce plans of the proposal dated May 28, 2007 B. Application for a Maior Amendment to Special Development District No, 39, Crossroads to allow for an increase from 75 to 77dweling units Dated May 2007 C. Public Works memo dated January 16, 2006 D. Public Notification 20 5DD ?007 ?007 SOLARIS vat4 COLORADO ~~e~~u _.._.., ~ I ;\:`~ \_. , ~`.,~ PEC APPROVED Drawings set dated: 12 DEC 2005 ~urcrs ~resuva MA]OR AMENDMENT TO SDD Approved: 15 JAN 2007 ame~a isen:sn iwursr~~ BARNES COY ARCHITECTS ~~~AaY ~s. ~ao~ 1. - .Anna cs ~ ~ , -_~~ .~r~- r • r, ~ ti ~ - -- - \ ~-~ \ .... a tee. ~ ~ ~~~ v, oSOU7'HFRO ~ _ ~~ a d y i AD e ~. r. yy VI LAGE 1 S ~ . 'tom` ,, ~ r \.,~>~ -,L4' 810 >^... ~ ~~ ~ r d .' F 111 Ir ~ ,.. _ - r I ~- ~ fr~- '*~ S i ~j:i ~ I ICI ~ ~» . ] ~- r, / 17 (f I ~7 ~,t ~ ~ r ~,~ 1~~ ~~,~jA~ ,~ ,.{. I ~~, ~.~ 1 ~~ ~ ~~-i ~ ~ i~'~ ~ ^~~ ~'.I ~7 ~~, i t ~ Cj~ '~ s ~ ~ , ~'~ ~ ayr4ii4 i w FFII ~ 'I „ '~+ ' :y ~ u ~ -'4 ( ~ ~ I 111 ~% ~ I ~~ ~~ I - \~ i ~,,, (~ 0' ~ ~ _ _ ~~ ~ ., iii I ~~ ~ j ~ ~~ ~f~ x~'~ ~ ~„ ; ~ ~ ~U~ ~ ~` +--~ III I ~ 1 4 : 1 AAA I ^_~ ~: ~- ~~ ^ ~ ~ ~, ~ "~- -. _ ~ ~ '~5.1 ,e<} __ 1~ c ! ~ ~ ~ ~ -{- _ ~ ~ _L ~ w ~ ~ ~ ~p I~ ~~~~~~ n ~ ~ 1 ~ I~ ~~ y .i arm ~ 1 ~ '~- ~~~I ~ ~ ~ ~ ~- ~ - '~ ~~~ iI. O - '~ ~. ~v - ~w _ - L ~ '~ ~ ~ : ,1 - ~ ~~ ~~~ ~ ~>r~ I ~ ~ 11 1 ;I~1~~~(I~l~~~f ~ ~ a ,l~.r ~ ~ h - - ~.~~ ~ ~) ~ ~~ 1 ~-- ° .III I~rl 1 i 1 1111 Iljj~ ~~Ili. ~~ ~' ~ ~~ t _ ~:~ I 1 _ ~ jf~ ~~) 1"t~iofli~~l~~l~~hl~~i il~isil~l 1~~ ~ ~~ ~f, ~~~ 14/iu, ~ I ~.~ -.~ 11 ,~ ~~ 1~ ~~" ~~ 3-~'fl y` ~"`y ;~. \ 11'~ ~` ,x ~ - I - 1 r / x _ 1 '~ I. ~ 4 ~ i ~ c' I ~ ~ ~ 1. ~! fi~ ~ ~, I ~ s ~I ' i ~ ~ y ~ ~I ~ j'" ;,~1 `~Ji ~h m , ~Hm ~P'" esm _ a,~ . ~ I i ~ ~ - I < ; r / ~~~~-~ \~ ,,. ... 1 ~ ~ ~~~'_'-~-`-''"'--~--~,~._~ -acv ~ ."~ \ ~.-V ~\~ I j~- ~~ , f~ _~ _ jli-..,.s. ~'Y ~ (.~ ' __~ _ I~' ~~ _ II ORNB rY t'r i >:~ '-~ ~I I ~. J ..... EASTMEADO d7 ,. NDTE: BUILDING HEIGHT PLAN (actual grade) SOLARIS ~,„a~Rwtw~~a„~. ~k. ~ M~ BARNES COY VAIL, COLORADO - ~ xoaw+~m~cmuwnc ARCHITECTS ' .Arch+t nnHUnav u, mom PROPOSED ADDENDUM 28 MAY 2007 SOIARI S t ~~~~ 'f„ A ~~T ~ IF W ~ ._ Application for a Mayor Amendment to Special Development District No. 39, Crossroads, to allow for an increase from 75 to 77 dwelling units May 2007 Submitted by lyldpl"~@~NO PI~1111~11~ GrOt1~? Attachment B Owner and Consultant Directory Owner/Applicant: Peter Knobel Crossroads East One, LLC 143 East Meadow Drive Vail, CO 81 620 Production Architect Davis Partnership 0225 Main Street, Umt C I 0 I Edwards, CO 81 632 970-926-8960 Planning Mauriello Planning Group, LLC PO Box 1127 Avon, CO 8 1620 970-748-0920 Design Architect Barnes Coy Architects PO Box 763 Bridgehampton, NY 11932 63 I -537-3555 Traffic Consultant Fox 1liggms Transportation PO Box 19768 Boulder, CO 80308-2768 303-589-90 I I I . Introduction Ordinance No. 5, Series of 2006, approved Special Development District No. 39, Crossroads (Solaris), 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. Ordinance No. I O, Series of 2007, approved an increase from G9 dwelling units to 75 dwelling units and increased the employee housing requirement from 1 2 units to 23 units. At this time, we are requesting a mayor amendment to SDD 39 to allow for 77 dwelling units, an increase of 2 units over the previous approval. This will not impact GRFA approved for the property. Some small dormers have been added to the roof, but they do not contribute to the overall bulk and mass of the building and do not significantly alter the roofline. No other changes to the project are being proposed. On February 2G, 2007, the Planning and Environmental Commission approved a conditional use permit for the private parking club which allowed for a deviation of 5% of the approved 84 parking spaces. This allows the parking club to be m the 80 to 88 parking space range. Therefore, it will not be necessary to revise the conditional use permit for the parking club to accommodate 2.8 parking spaces required for the new dwelling units. • 2 Cmssmads Redevelopment Mauaello Planning Gmup, LLC II. Application Process The addition of 2 dwelling units is a mayor amendment to SDD #39. The following is the definition of a mayor amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): 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 12- 15-4, "Interior Conversions", or 12- 15-5, "Additional Gross Residential Floor Area (250 Ordinance)", of this title. III. Submittal Requirements The following is a list of the submittal reciuirements for a mayor SDD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the mayor amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners ad scent to the sub ect ro erty Submitted Title Re ort Submitted Written a royal Submitted A written statement addressing the following: a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards rescribed m the ro erty's underlyin zone district. Submitted A coin lete zonm analysis Submitted Stain ed Too ra hit Survey Refer to the on mal submittal - no than e Existin and Pro osed Site and Gradin Plans Refer to the on mal submittal - no change A Vicinity Plan Refer to the ongmal submittal - no change A Landsca e Plan Refer to the on inal submittal - no than e A Roof Fief ht Plan Refer to the on mal submittal - no than e Existm and Pro osed Architectural Elevations Refer to the on mal submittal - no than e Existin and Pro osed Architectural Floor Plans Submitted Sunshade analysis Refer to the on inal submittal - no than e All tans must also be submitted in 8.5. x I I .reduced format. Submitted An Architectural or massin model Refer to the on inai submittal - no than e Photo overlays Refer to the original submittal - no than e Parkin needs assessment and vehicular arculation analysis Submitted An Environmental Impact Report Refer to the ongmal submittal - no change 3 Crossroads Redevelopment Mauriello P>ann'n Group, LLC lV. Detailed Project Description and Zornng Analysis A. Residerrtia/ F/oor Areas While we are requesting an increase m density from 75 units to 77 units, there is no change in the approved gross residential floor area. B, Parking Below is a table documenting the parking requirements for the proposed Solaris redevelopment. The proposed development plan includes a total of 299 parking spaces to meet the parking requirements of the project incVuding the 8 i space private parking club, reduced from 84 spaces from the previous approval Use # of Urnts/S . Ft. Code Ratios Total Dwelhn Units 77 1.4 107.8 Retail 35, 117 0,0023 80.77 Theater seatin 3,248 0.006060606 19.68 Restaurant seatin 4,4 12 0.004 17.65 Bowlm I , 170 0.0023 2.69 Total 228.59 5% reduction I I .43 Net Re cared Parkin 217.16 Parknn Provided 299.00 Parkin Club Parkin 8I C. Density Density is expressed as the number of residential dwelling units per acre of land. The proposed amendment includes an increase from 75 units to 77 units. The site is 2.463 acres. The current approval allows for 28.3 units per acre. The proposed increase to 77 units results m a proposed density of 3 I .26 dwelling units per acre. ~:; Units 77 and 75 were previously the second level of units 72 and 67 on the level below.. 4 Cmssmads Redevelopment Mauriello Planning Gmup, LLC VI. Special Development District -Standards and Criteria "The purpose of the special deve%pment district rs Eo encourage flexibility and creativity rn the development of land rn order to promote its most appropriate use,• to improve the design character and qualify of the new deve%pment with the Town,• to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated rn the l/arl comprehensive plan. " The following design criteria are used by the Town in the. evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: The proposed Solans redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (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. The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long continuous roof ridge running east west across the site which has been fairly common on other redevelopment projects. There are no mayor flat roofs proposed on this structure. 5 Crossroads Redevelopment Mauriello Plann;ng Group, LLC The additional dormer break up the roof even more than the previous approval. The dormers are not likely to be perceived except from above or far away. There is no impact on bulk and mass. The materials are of the highest duality and include Telluride Gold stacked stone, strip sandstone (laid on side}, wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high duality that maintenance is minimally reduired. 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 strove to reinterpret its heritage and look to the future, instead of simply mimicking the past." The design of the building also creates an identity to stimulate visua{ interest and help anchor the East Meadow Drive area of Vail as a sought after destination. The design will help draw people to back to Vail and East Meadow Drive in particular. The proposed development plan is compatible with the area. The site is located across the street from the Sonnenalp redevelopment project .and adjacent to the Vail Plaza Notel 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 remairnng portions of the VVI to a .scale and duality 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 -high density residential. The proposed redevelopment plan responds to the uses already developed m the neighborhood and also provides a high duality mix of uses along East Meadow Drive. 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 duality in Vail, new public plaza spaces and amenities, and high duality residential development. The proposed uses will anchor this portion of the Vail Village and generate activity that will not only benefit the retail shops at Crossroads but all of the businesses in the surrounding area. The 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, efficient, and workable relationship with surrounding uses and actwities. 6 Crossroads Redevelopment Mauriello Planning Gmup, LLC C. Park-ng and Loading: Compliance w-th parking and loading redu-rements as outlined in Chapter I O of this Title. Our Analxsis: 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 Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. E. Natural and/or Geolog-c Hazard: Ident-f-cat-on and m-t-gat-on of natural and/or geologic hazards that affect the property on which the special development distr-ct 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, budding 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 community. Our Analysis: The 5olaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed 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 plan includes a large open plaza (nearly 20% of the area of the entire site). This I /2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. 7 Cmssioads Redevelopment Mauriello Planning Group, LLC G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analysis: The Solaris 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 delivery entering the Solaris site through ~. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for amixed-use faality. The loading dock also includes a trash facility for the project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of traffic on Village Center Road. Additionally, there is a Porte cochere along the South Frontage Road for residential guests arriving at the site. The Porte cochere will provide temporary pick-up for guests and valet parking. A traffic report is included m the Environmental Impact Report (EIR) for this project and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial uses are finalized. This. report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for mayor roadway improvements due to the traffic generated for the proposed uses on--site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian traffic and public gatherings. h. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our AnalysGS: The Solaris project is currently developed with buildings, structured parking, and surface parking.. There is very tittle existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. Nowever, the proposed redevelopment plan for Solaris provides significant landscape materials 8 Crossroads Redevelopment Maunello Planning Group, LLC m strategic locations which do not interfere with retail store fronts. or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic quality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our 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 CO of the project. 9 Crossroads Redevelopment Mauriello Planning Gmup, LLC VIII. Adjacent Property Owners VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION JOSEF STAUFER 100 E MEADOW DR #3 I VAIL, CO 8 1657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION G/O ABPLANALP LAW OFFICE LLC POST OFFICE BOX 2800 VAIL, COS! 658 VILLAGE INN PLAZA-PHASE V CONDOMWIUM ASSOCIATION 100 EAST MEADOW DRIVE STE 3 I VAIL, CO 8 1657 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. 880 HOMESTEAD DRIVE, NO. 25 EDWARDS, CO 81632 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC 880 HOMESTEAD DRIVE NO. 25 EDWARDS, GO 8 1632 VILLAGE INN PLAZA-PHASE V CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC PO BOX 666 VAIL, CO 81658 VILLAGE INN PLAZA CONDOMINIUM ASSOCIATION COLORADO REGISTRATION, INC. POST OFFICE BOX 666 VAIL, CO 81658 JOSEF STAUFER P O BOX 666 VAIL, CO 8 1658 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION 143 E. MEADOW DRIVE NO. 360 C/O SLIFER MANAGEMENT CO VAIL, CO 8 1657 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SALLY HANLON ABPLANALP LAW OFFICE LLG POST OFFICE BOX 2800 VAIL, CO 81 658 VAIL VILLAGE PLAZA CONDOMINIUM ASSOCIATION SALLY NANLON 385 GORE CREEK DRIVE- NO. R-2 VAIL, CO 8 1657 VAIL DOVER ASSOCIATES LLC 4148 N ARGADIA DR PHOENIX, AZ 85018 VAIL CORE CONDOMINIUM ASSOCIATION, INC. HELEN E. BIRD P O BOX 5940 AVON, GO 8 1620 AUSTRIA HAUS CONDO ASSOC INC 20 VAIL RD VAIL, CO 81657 AUSTRIA HAUS CONDOMINIUM ASSOCIATION, INC. JOHN MILLS C/O SONNENALP HOTEL 20 VAIL ROAD VAIL, CO 81657 HIBBERD, FRED, JR 400 NW RIDGE RD JACKSON, WY 8300 I TOWN OF VAIL C/O FINANCE DEPT 75 5 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 C DOT 4201 E. ARKANSAS AVENUE DENVER, CO 80222 10 Crossroads Redevelopment Mauriello Planning Group, LLC MAURIELLO PLANNING GROUP, LLC POST OFFICE BOX 1127 AVON, GO 8 1620 CROSSROADS OF VAIL CONDOMINIUM ASSOCIATION CRAIG GOHN 22 I 1 NORTH FRONTAGE ROAD, SUITE A VAIL, GO 8 1657 CROSSROADS EAST ONE LLC 329 MILL CREEK CIR VAIL, GO 8 1657 KNOBEL CHILDRENS INVESTMENT TRUST 1996 392 MILL CREEK CIR VAIL, CO 81 657 SPRADDLE CREEK LLC 392 MILL CREEK CR VAIL, CO 8 f 657 11 Cmssmads Redevelopment Mauriello Planning Gmup, LLC MEMO To: Warren Campbell, Senior Planner From: Tom Kassmel, Town Engineer Re: Crossroads Redevelopment-Public Works Comments Date: O 1-16-06 After a review of the submittal of the Crossroad redevelopet~aed~ressed~phoPto finaWotks Departments finds .the following issues that wtll need to b approval. The following outlines comments that will need to be conditions of approval of PEC. Public Worlcs conditions of approval: l . Final Civil Engineering drawings and Final Drainage Report must be approved prior to Building permit submittal and meet ali Town codes and standards. Axi additional 2 to 6 month review and comment petlod 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 t o~ie PEC approvedbplans are requated~ a eondttion of PEC approval. If changes t by C-DOT to facilitate an Access Permit the applicant will be required to return for an atnendtnent 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 Pr TowtaofaVa~il eThis n ay require an elevation grading currently be designed by the change of the plaza. Please coordinate with the Town of Vail. 6. The alignment ~f East Meadow drive may be required to siiift to the north at t11e intersection of Village Center Rd. as a rzsult of improvements being proposed by Village Center. Please coordinate with Village Center and Town of Vail. 7. Applicant shall be responsible for the complete ads Publ~ Unpro erne its plan roadway improvements as shown on the Crossro dated 12/12/05 and also the complete design of the remairtder of Willow Bridge Rd. going south to the International BriduC,t~ liu ~ri Willow Pla.cetRoad. This improvements being designed and constt y lanters, li htm includes stieetscape, heated sidewalk and. streets, landscape, p g g, irrigation, signage, and storm di-ainge improvements on Village Center Rd., East Meadow Drive, Willow Bridge Rd., and the South Frontage Rd. 8. The heated streetscape proposed withi star detiineated i~ tl e p lan dated December operated, and maintainedby Crossroad 12, 2005. The heated improvements p e pance of V page Cnterd Rd.vhloweverenter Rd. will be a benefit to the show main currently it is not within the Town's plan to pay for the construction of a boiler Attachment C plant of this area nor is it within the Town's plan to pay for its alaeration and maintenance. This will require further commitment from the Town once t1.~ese v improvements are constructed. If the Town does not convert to paying for the said improvements or operations, it may be 13eneficia.l 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. 1 1. The proposed drainage system along the S. Frontage Rd. shall be coordinated with ' Vail Plaza Hotel and tied into tlae Vail Plaza hotel. proposed storm sewer system.. 1 Z. All grading. and drainage for parking stucture is required to be shown. Provide a sand/oil separator. 13. A Traffic impact fee of $5000 per additional pre 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...) 1 S. 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 Ue noted that any en.croachrnent into C,DOT ROW (i.e. shoring) will require their approval and may include, a lease agreement, permit etc... 16. The developer shall be responsible to construct ali necessary stone water improvements in order to convey all cont-ibuting on-site and adjacent off-site drainage to gore creek. 17. The open plaza should be dedicated, similar to the Lianslread 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, thee: direct access to the plaza level, an easement for this access will be required. 20. A stonmwatef 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 Pernit approval. 11 TOWN OF YAIL ~i' THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on June 25, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council on a proposed-..major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an .increase in the number of dwelling units from 75 units to 77 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1; and setting forth details in regard thereto. (PEC07-0035) Applicant: Crossroads East One, LLC and Crossroads West One, LLC, represented by Mauriello Planning Group., LLC Planner: Warren Campbell A request for a final review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published June 8, 2007, in the Vail Daily. Attachment D . , Q, ~, IMv ~1 ~~~ Page 1 Please note: There are no DRB results as the last regularly .scheduled meeting was July 4th, and was cancelled due to the holiday. PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ~_ July 9, 2007 TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dave Viele Anne Gunion Rollie Kjesbo Dick Cleveland Bill Jewitt Michael Kurz Bill Pierce (recused himself on items 1, 2, and 3 due to a conflict of interest and then departed at approximately 1:05 p.m.) SITE VISITS There were no site visits. 15 minutes A request for a final recommendation to the Vail Town Council for a text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Section 12-16- 7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto, (PEC07- 0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Kurz VOTE: 3-2-1 (Cleveland and Jewitt opposed, Pierce recused) 1. The text shall be modified so an extension may be granted for an approved temporary business office, but the initial approval may not exceed three years. 2. An annual review of a temporary business office by the PEC "shall" be required, rather than "may" be required. Bill Gibson gave a presentation per the staff memorandum. Jay Petersen, representing the applicant, made himself available to answer questions. Kaye Ferry, had a procedural question regarding why this application was before the Planning and Environmental Commission. Bill Gibson answered her question. Dick Cleveland expressed concern over the elimination of the three year time frame, which he believed was appropriate. However, he noted that the PEC should have the ability to approve longer time periods if conditions warranted. He expressed some concern about the lack of specific criteria by which to review and approve an extension for more than three years. Rollie .Kjesbo expressed concern that the extension requested for the office space was not adequate given that the approval and construction of Ever Vail and North Day Lot will likely take several years to complete. Page 1 Dave Viele expressed concern that the offices would not return if they were relocated outside of Vail. Michael Kurz expressed support for the amendment with the changes Dick Cleveland discussed. Bill Jewitt expressed his opposition to the proposal as his belief that the proposal did not comply with the review criteria. 20 minutes 2. A request for a worksession to discuss a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Ramshorn, to allow for the redevelopment of Ramshorn Lodge, located at 416 Vail Valley Drive/Block 3, Vail Village 5th Filing and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC07- 0038) Applicant: Ramshorn Lodge, represented by Pylman & Associates, Inc. Planner: Scot Hunn ACTION: Tabled to June 23, 2007 MOTION: Cleveland SECOND: Viele VOTE: 5-0-1 (Pierce recused) Scot Hunn gave a presentation per the staff memorandum Rick Pylman, representing the Ramshorn, gave a presentation regarding the conceptual nature of the proposal, summarizing of the history of the property, including rental history. Rick described the general history of certain amendments to Public Accommodation (PA) zoning regulations, and the property, relative conformance to existing. zoning requirements and the 1987 approval of SDD No. 17. Rick further discussed the desires of the Owners to work within the existing structure by adding a fourth floor and some additional bump outs for certain existing units. The redevelopment will include a new fire sprinkler system, larger lobby, and elevators. Todd Dunzee, with Fritzlen Pierce Architects, representing the applicant, gave a presentation of the conceptual floor plans and elevations. Jim Lamont, Vail Village Homeowners Association, .asked about what public benefits were being proposed. Rick Pylman stated that they were looking for suggestions on what public benefits should be provided. Bill Jewitt stated that he feels a public benefit should truly benefit the public. Relative to proposed improvements to existing sidewalks and removal of certain trees next to or within the public right of way, improvements to roads should be coming out of the general fund not be considered public benefit of an individual project. He further commented that improvements to sidewalks, crossings and widening of the road to provide safer conditions for cyclists will be encouraged. Bill expressed some concern regarding the plans, suggesting that the applicant study breaking up the roof line. Parking a will be a concern. Rollie Kjesbo asked to be provided with details of the Tivoli SDD and the public benefit they provided. Would like to keep height for Rams-Horn no higher than the approved height of the Tivoli. Employee housing on site is always good. Page 2 Dave Viele expressed thoughts regarding the history of the project and why it was and SDD currently, pointing out that the property has relatively little deviation from current Public Accommodation (PA) zoning regulations. He further pointed out that the public benefit should be commensurate with any deviation and this project is only at 45% of the allowable GRFA. Dick Cleveland agreed that parking will be a concern. Suggested screening the parking as a benefit. Height and additional setback encroachments will be a concern. The height and setback encroachments will need to be justified. Michael Kurz agreed with all the comments regarding height. The height of the Tivoli seems to work with the height of the tree line. Jim Lamont, brought up the history of the Vail Mountain Lodge as a previous SDD that is now regulated by underlying zoning. He further suggested cleaning up the dumpster on the site as a public benefit. 30 minutes 3. A request for a worksession to discuss a major exterior alteration, pursuant to Section 12-7H-7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Rucksack Building, located at 288 Bridge Street/Lot D, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto. (PEC07-0039) Applicant: Jeffrey Selby ,Charles Rosenquist and Richard Brown, represented by Jay Peterson Planner: Scot Hun ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-1 (Pierce recused) Scott Hunn gave a presentation per the staff memorandum. Tyson Dearduff, of Fritzlen Pierce Architects, representing the applicant, gave a presentation on the floor plans, elevations, and other improvements. Michael Kurz asked several clarifying questions regarding the expansions. Jim Lamont, asked about trash removal, loading and delivery, He added that this proposal meets a lot of what the community has been wanting, redevelopment of an existing building which retains the character of the original structure while addressing the "original sins". The Commissioners generally expressed support for the improvements. Commissioner Cleveland asked about the exploration. of different roof forms, suggesting a more traditional, or tyrolean roof form such as an open gable. Jim Lamont asked about the view corridor and the tower and the transparency of the retail. 4. A request for a work session to discuss the development review applications necessary for the review of the redevelopment of the properties known as "Ever Vail" (West Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West/Unplatted, and setting forth details in regards thereto. (PEC07-0019, 0020, 0021, 0022) Applicant: Vail Resorts Development Corporation, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 Page 3 5. A request for a work session for review of a major exterior alteration, pursuant to Section 12-7H- 7, Major Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the Lionshead Inn and Lionshead Inn Annex (Fogata), located at 701 and 705 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07- 0027) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 6. A request for a final review of a variance from Section 12-6D-6, Setbacks, .Vail Town Code, pursuant to Chapter 12-17, Variances, to allow for an addition within the west side setback, located at 2570 Bald Mountain Road/Lot 33, Block 2, Vail Village Filing 13, and setting forth details in regard thereto. (PEC07-0036) Applicant: Ed Williams, represented by William Hein Associates Planner: Bill Gibson ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 7. A request for a work session for review of conditional use permits, pursuant to Section 12-7H-3, Permitted and Conditional Uses, First Floor on Street Level, Vail Town Code, to allow for attached accommodation units, lodge dwelling units, and multiple-family residential units on the first floor, and pursuant to Section 12-7H-5, Conditional Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow for the development of a private parking lot, located at 701 and 705 West Lionshead Circle. and Lionshead Inn Annex (Fogata)/Lot 1, Block 2, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC07-0028) Applicant: Lionshead Inn LLC, represented by Mauriello Planning Group LLC Planner: Warren Campbell ACTION: Tabled to July 23, 2007 MOTION: Kjesbo SECOND: Viele VOTE: 5-0-0 8. A request for a final review of an amended final plat, pursuant to Chapter 13-12, Exemption Plat .Review Procedures, Vail Town Code,. to amend a platted building envelope, located at 1463 Aspen Grove .Lane/Lot 8B, Block 2, Lions Ridge Filing 4, and setting forth details in regard thereto. (PEC07-0037) Applicant: Robert and Kristine Selby, represented by John G. Martin, Architect, LLC Planner: Bill Gibson ACTION: Tabled to August 13, 2007 MOTION: Kurz SECOND: Viele VOTE: 5-0-0 9. Approval of June 25, 2007 minutes MOTION: Kjesbo SECOND: Viel.e VOTE: 5-0-0 10. Information Update Warren Campbell informed the Commission that the July 23, 2007, hearing would be in the Town of Vail Library as the Council Chambers would be under renovation. 11. Adjournment MOTION: Kurz SECOND: Clevland VOTE: 5-0-0 Page 4 The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call (970) 479-2138 for additional information. Sign language interpretation is available upon request with 24-hour notification. Please call (970) 479-2356, Telephone for the Hearing Impaired, for information.. Community Development Department Published July 6, 2007, in the Vail Daily. Page 5 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 17, 2007 SUBJECT: Ordinance No. 22; Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, is requesting a first reading of Ordinance 22, Series of 2007, an ordinance amending Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead area. On January 4, 2005, the Planning and Environmental Commission granted approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building and the Concert Hall Plaza Building. These approvals were subject to expire on January 24, 2008. On June 11, 2007, the Planning and Environmental Commission granted extensions to these approvals, contingent upon the Vail Town Council's adoption of text amendments revising the Vail Town Code to allow for such extensions by a vote of 4-1-1. On July 9, 2007, the Planning. and Environmental Commission held a public hearing to review the proposed text amendments to allow for said extensions to the Treetops and Concert Hall Plaza temporary business office conditional use permits. The Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for the proposed amendments to the Town Council by a vote of 3-2-1 (Cleveland and Jewitt opposed, Pierce recused). The recommended modifications have been incorporated into Ordinance No. 22, Series of 2007 (Attachment C). 1 Ordinance No. 22, Series of 2007, (Attachment A), the staff memorandum to the Planning and Environmental Commission dated July 9, 2007, (Attachment B), the draft July 9, 2007, hearing Planning and Environmental Commission hearing minutes (Attachment C), and the June 11, 2007, hearing Planning and Environmental Commission hearing minutes (Attachment D) have been attached for reference. III. STAFF RECOMMENDATION The Department of Community Development recommends the Vail Town Council approve Ordinance No. 22, Series of 2007, on first reading to amend Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in Section V of the July 9, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the .Town Council choose to approve Ordinance No. 22, Series of 2007, on first reading, the Department of Community Development recommends the Town Council make the following findings: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the amendments further the general and specific purpose of the Zoning Regulations based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum to the Planning and Environmental Commission; and, 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality based upon the review outlined in Section V of the Staff's July 9, 2007, memorandum fo the Planning and Environmental Commission." IV. ATTACHMENTS A. Ordinance No. 22, Series of 2007 . B. Staff memorandum to the PEC dated July 9, 2007 C. Draft July 9, 2007, PEC hearing minutes D. June 11, 2007 PEC hearing minutes 2 Attachment A ORDINANCE NO. 22 SERIES OF 2007 ORDINANCE NO. 22, SERIES OF 2007, AN ORDINANCE AMENDING SECTION 12-2-2, DEFINITIONS, AND SECTION 12-16-7, USE SPECIFIC CRITERIA AND STANDARDS, VAIL TOWN CODE, TO ALLOW FOR AMENDMENTS TO THE REGULATION OF TEMPORARY BUSINESS OFFICES, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; and WHEREAS, the Planning and Environmental Commission of the Town of Vail recommended approval of these amendments at its July 9, 2007 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS,. the-Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend the time limitation requirements for temporary business offices. (Text that is to be deleted is ~+" Text that is to be added is bold. Sections of text that are not amended may be omitted.) Ordinance No. 22, Series of 2007 Section 2. Section 12-2-2 (in part) is hereby amended as follows: .. _ _ - --___--- ~ --_ aV _~ a_~ ..... ... ..L /4 A0/_\ r`f •L,n Flnnr ~rc~ 0.4nmr~n r.+ni OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate the temporary displacement of an existing business office within the Town of Vail due to redevelopment construction activities. Section 3. Sub-Section 12-16-7-A (in part) is hereby amended as follows: 14. Temporary Business Offices: a. Offices for real estate agents shall be excluded. b. The storage, sale, or display of merchandise on the premises shall occupy less than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with Chapter 10 of this title. d. Signage shall be provided in accordance Title 11, Sign Regulations, of this code. e. The business and service activities and transactions of a temporary business office may only be conducted for a limited time period, not to exceed three (3) years. Unless the time period is limited to a shorter duration, the approval of a conditional use permit for a temporary business office shall expire and become void within three (3) years from the initial date of approval. The Planning and Environmental Commission may grant a subsequent extension to a conditional use permit approval to allow a temporary business office to continue activities and transactions beyond. the original time period limit, if the Commission determines special circumstances and/or conditions exist to warrant such an extension. An extension may only be granted for the minimum time period necessary to facilitate specific redevelopment construction activities that achieve the Town's goals, policies, and objectives. Ordinance No. 22, Series of 2007 2 f. A conditional use permit approval for a temporary business office shall be reviewed by the Planning and Environmental Commission on an annual basis to verify the applicant's compliance with the conditions of approval Section 4. 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 Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The 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. Section 6. The amendment of any provision of the Town Code 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repeated 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. Ordinance No. 22, Series of 2007 3 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of July, 2007, and a public hearing for second reading of this Ordinance set for the 7th day of August, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 22, Series of 2007 4 Attachment B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: July 9, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council for a text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, .Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in .regard thereto. (PEC07- 0040) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson I. SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is requesting that the Planning and Environmental Commission forwards a recommendation to the Vail Town Council regarding proposed text amendments to Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed text amendments, subject to the findings noted in Section V of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Vail Resorts, is proposing amendment's, to the Town's regulation of "temporary business offices". The purpose of these text amendments is to allow Vail Resorts to continue to operate "temporary business offices" within the Treetops and Concert Hall Plaza buildings, beyond the 3 year time limit prescribed by the Vail Town Code. The following is a summary of the proposed text amendments: Deleted text is indicated with a ~+r~+~t~#, and new text is bold 12-2-2: DEFINITIONS OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities for a limited duration of time ^^* *^ °v,.°°,~ +hr°° ._ _rc. u__ _~c_ ~ir_ .c. .:LL. 1L... .,..Ja:.. ..F ..I ...,...~.,..~., ..... ...... ..... .,.............., ... ,_r.r...... ,..., to accommodate the displacement of an existing business office ire within the Town of Vail due to redevelopment consfruction activities. #e~~ir~anse h~~~in nfnn nif fr nn nfinno ~~rhnr a n~ln nr ,~,rress--~,~;ties ,--,,,T~e~terag~~~-~e4spla~-ef 0 OFFICE, TEMPORARY BUSINESS: An office for the conduct of general business and service activities and transactions for a limited time period to accommodate fhe temporary displacement of an existing business office within the Town of Vail due to redevelopment construction activities. 12-16-7.• USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition fo the criteria and findings required by Section 12-16-6 of this chapter. A. Uses and Criteria: 14. Temporary Business Offices: a. Offices for real estate agents shall be excluded. b. The storage, sale, or display of merchandise on the premises shall occupy less than ten percent (10%) of the office's floor area. c. Off street parking shall be provided in accordance with Chapter 10 of this title. d. Signage shall be provided in accordance Title 11, Sign Regulations, of this code. e. The business and service activities and fransactions may only be conducted for a limited time period, not fo exceed three (3) years. The Planning and Environmental Commission may approve a .time period longer than three (3) years, or extend an existing time period, should the Commission determine That special circumstances or conditions exist that warranf such an extended time period. The Planning and Environmental. Commission must determine that any time period approved for longer than three (3) years is the minimum time frame necessary to facilitate specific redevelopment construction activities that achieve the Town's goals, policies, and objectives. f. A conditional use permit approval for a temporary business office maybe reviewed by the Planning and Environmental Commission on an annual basis to verify the applicant's compliance with the conditions of approval. III. BACKGROUND On November 16, 2004, the Vail Town Council adopted Ordinance No. 26, Series of 2004, to allow "Temporary Business Offices" on the. first-floor of buildings within the Lionshead Mixed Use 1 District. The purpose of this ordinance is to allow existing Lionshead area office uses, which are displaced by the construction activities of redevelopment projects, to be temporarily relocated within the Lionshead. area. On January 4, 2005, the Planning and Environmental Commission granted approval, with conditions, of a conditional use permit for Vail Resort's temporary business offices currently occupying the first-floor of the Treetops commercial building and the Concert Hall Plaza Building. These approvals were subject to expire on January 24, 2008. On June 11, 2007, the Planning and Environmental Commission granted extensions to these approvals, contingent upon the Vail Town Council's adoption of text amendments revising the Vail Town Code to allow for such extensions. IV. APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, .and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off-street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with Municipal development objecfives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-7H: LIONSHEAD MIXED USE 1 (LMU-1) DISTRICT (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of multiple-family dwellings, lodges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 1 District, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriafe to the permitted types of buildings and uses and to maintain the desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is fo create an economically vibrant lodging, housing, and commercial core area. The incentives in this Zone District include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help finance public off-site improvements adjacent to redevelopment projects. With any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will. be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. Chapter 12-16: CONDITIONAL USES PERMITS (in part) Section 12-16-1: Purpose; Limitations 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 so that they maybe 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 in the Town at large. Uses listed as conditional uses in the various districts may be permitted subject to such conditions and limitations as the Town may prescribe to insure fhat the location and operation of the conditional uses will be in accordance with the 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. B. Lionshead Redevelopment Master Plan 2.3.1 Renewal and Redevelopment Lionshead can and should be renewed and redevelopment to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identity, a sense of place, a .personality, a purpose, and an improved aesthetic character. 2.3.2 Vitality and Amenities We must seize the oppo-tunity to enhance guest experience and community interaction through expanded and additional activities and amenities such as performing art venues, conference facilities, ice rinks, streetscape, parks and other recreational improvements. V. CRITERIA AND FINDINGS Consideration of Factors Regarding the Text Amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and Staff believes the proposed text amendments will provide the Planning and Environmental Commission more flexibility and discretion in regulating temporary business offices to achieve the zoning regulation's purpose of promoting coordinated and harmonious development. The proposed text amendments will allow the Commission the ability to review the time frame for a temporary business office on a case-by-case. basis in response to the specific circumstances of the request. Therefore, Staff believes the proposed text amendments further the general and specific purposes of Title 12. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed text amendments will simplify the definition of the term `temporary business office" in Chapter 12-2, Definitions, Vail Town Code, and will relocate the specific regulations applied to temporary business offices to Chapter 12-16, Conditional Use Permits, Vail Town Code. Staff believes this format is more consistent with zoning code's regulation of other conditional uses than the existing text. Staff believes this consistency will make the zoning code clearer and easier to use, thus better implementing the policies associated with temporary business offices. Staff believes the proposed text amendments will provide the Planning and Environmental Commission more flexibility and discretion in regulating temporary business offices to achieve the Town's redevelopment objectives. The proposed text amendments will allow the Commission the ability to review the time frame for a temporary business office on a case-by-case basis in response to the specific circumstances of the request. Staff believes the proposed text amendments will therefore better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The Town's regulations for temporary business offices were originally adopted in November of 2004, at the very beginning of Vail's "Billion Dollar Renewal". These original regulations were adopted in response to an issue that was not anticipated prior to the beginning of the significant redevelopment projects such as the Lionshead core site (i.e. Arrabelle). Staff believes the proposed text amendments are another example of adapting to the changing redevelopment scenarios within the Town of Vail. 4. The extent to which the text. amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff supports the policy of limiting the duration of a temporary business office conditional use permit to a specific and consistent time frame; however, Staff also believes flexibility and discretion should be afforded to the Planning and Environmental Commission to evaluate such applications on a case-by-case basis in response to the specific circumstances of the request. Staff. believes that the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations that are consistent with the Town of Vail master plans and development objectives. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval to the Town Council for amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Section 12-16-7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07-0040) Staff's recommendation is based upon the review of the criteria in Section V of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to recommend approval of the proposed amendments; Staff recommends that the following findings be incorporated into a motion: "1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, and 2. That the amendments further the general and specific purpose of the Zoning Regulations;. and 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." Attachment C PLANNING AND L~.~~RONMENTAL COMMISSION PUBLIC MEETING .. ~. July 9, 2007 TOi}'i1~OF't:9fl. ' 1:OOpm TOWN COUNCIL CHAMBERS /PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dave Viele Anne. Gunion Rollie Kjesbo Dick Cleveland Bill Jewitt Michael Kurz Bill Pierce (recused himself on items 1, 2, and 3 due to a conflict of interest and then departed at approximately 1:05 p.m.) SITE VISITS There were no site visits. 15 minutes 1. A request for a final recommendation to the Vail Town Council for a text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to Section 12-2-2, Definitions, and Section 12-16- . 7, Use Specific Criteria and Standards, Vail Town Code, to allow for amendments to the regulation of temporary business offices, and setting forth details in regard thereto. (PEC07- 0040). Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Recommendation of approval with modifications MOTION: Viele SECOND: Kurz VOTE: 3-2-1 (Cleveland and Jewitt opposed, Pierce recused) 1. The text shall be modified so an extension may be granted for an approved temporary business office, but the initial approval may not exceed three years. 2. An annual review of a temporary business office by the PEC "shall" be required, rather than "may" be required. Bill Gibson gave a presentation per the staff memorandum. Jay Petersen, representing the applicant, made himself available to answer questions. Kaye Ferry, had a procedural question regarding why this application was before the Planning and Environmental Commission. Bill Gibson answered her question. Dick Cleveland expressed concern over the elimination of the three year time frame, which he believed was appropriate. However, he noted that the PEC should have the ability to approve longer time periods if conditions warranted. He expressed some concern about the lack of specific criteria by which to review and approve an extension for more than three years. Rollie Kjesbo expressed concern that the extension requested .for the office space was not adequate understanding the approval and construction of Ever Vail and North Day Lot will likely take several years to complete. Page 1 Dave Viele ex ressed concern that the offices would not return if the were relocated outs a of P Y Vail. Michael Kurz expressed support for the amendment with the changes Dick Cleveland discussed. Bill Jewitt expressed his opposition to the proposal as his belief that the proposal did not comply with the review criteria. 20 minutes 2. A request for a worksession to discuss a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 17, Ramshorn, to allow .for the redevelopment of Ramshorn Lodge, located at 416 Vail Valley Drive/Block 3, Vail Village 5th Filing and Tract F-1, Vail Village Filing 5, and setting forth details in regard thereto. (PEC07- 0038) Applicant: Ramshorn Lodge, represented by Pylman & Associates, Inc. Planner: Scot Hunn ACTION: Tabled to June 23, 2007 MOTION: Cleveland SECOND: Viele VOTE: 5-0-1 (Pierce recused) Scot Hunn gave a presentation per the staff memorandum. Rick Pylan, representing the Ramshorn, gave a presentation regarding the conceptual nature of the proposal, summarizing of the history of the property, including rental history. Rick described the general history of certain amendments to Public Accommodation (PA) zoning regulations, and the property, relative conformance to existing zoning requirements and the 1987 approval of SDD No. 17. Rick further discussed the desires of the Owners to work within the existing structure by adding a fourth floor and some additional bump outs for certain existing units. The redevelopment will include a new fire sprinkler system, larger lobby, and elevators. Todd Dunzee, with Fritzlen Pierce Architects, representing the applicant, gave a presentation of the conceptual floor plans and elevations. Jim Lamont, Vail Village Homeowners Association, asked about what public benefits were being proposed. Rick Pylman stated that they were looking for suggestions on what public benefits should be provided. Bill Jewitt, stated that he feels a public benefit should truly benefit the public. Relative to proposed improvements to existing sidewalks and removal of certain trees next to or within the public right of way, improvements to roads should be coming out of the general fund not be considered public benefit of an individual project. He further commented that improvements to sidewalks, crossings and widening of the road to provide safer conditions for cyclists will be encouraged. Bill expressed some concern regarding the plans, suggesting that the applicant study breaking up the roof line. Parking a will be a concern. Rollie Kjesbo asked to be provided with details of provided. Would like to keep height for Rams-Hor Tivoli. Employee housing on site is always good. the Tivoli SDD and the public benefit they n no higher than the approved height of the Page 2 Attachment D PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING ,• June 11, 2007 ~11rN0~'uAJL • 1:OOpm TOWN COUNCIL CHAMBERS 1 PUBLIC WELCOME MEMBERS PRESENT MEMBERS ABSENT Dick Cleveland Anne Gunion Bill Jewitt Michael Kurz Rollie Kjesbo arrived at 1:05 Bi11 Pierce arrived at 1:10 David Viele arrived at 2:00 Site Visits: None 10 minutes 1. A request for a final review of a conditional use permit, pursuant to Section 12-6E-3, Conditional Uses, Vail Town Code, to allow for a business office, located at 950 Red Sandstone Road, Units 43, 44 and 45B (Potato Patch Clubhouse)/Potato Patch Club Condominiums, and setting forth details in regard thereto. (PEC07-0026) Applicant: Booth Creek Management Corporation Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Cleveland SECOND: Gunion VOTE: 5-0-0 1. The sale of merchandise is prohibited. 2. The parking for the business office shall be located within the existing 38 spaces located west of the clubhouse building and shall be maintained separate from the .areas designated for residential parking. 3. No overnight parking or storage of commercial vehicles associated with the business office use shall be permitted. 4. The number of employees allowed in the business office shall not exceed 23 (i.e. one employee for each two hundred square feet of net floor area). Bill Gibson gave a presentation per the staff memorandum. Henry Pratt, representing the applicant, was available for questions. The Commissioners expressed support for the application. There was no public comment. 15 minutes 2. A request for a final recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to zone the property commonly referred to as "Timber Ridge Apartments" to the Housing (H) District, located at 1280 North Frontage Road/Lots C1, C2, C3, C4, and C5, Lions Ridge Filing 1, and setting forth details in regard thereto. (PEC07-0029) Page 1 Applicant: Town of Vail Planner: George Ruther ACTION: Recommendation of Approval MOTION: Kjesbo SECOND: Cleveland VOTE: 7-0-0 George Ruther gave a presentation per the staff memorandum. Anne Gunion asked for clarification on the charts and tables at the end of the memorandum. Dick Cleveland stated that when this property was purchased, it was intended to be redeveloped with employee housing. He expressed concern about the openness of the Housing District, however, there are several additional layers of review with which he is comfortable. 10 minutes 3. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3; Permitted and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary business office located at 616 West Lionshead Circle (Concert Hall Plaza Building), Lionshead Filing 4, and setting forth details in regard thereto. (PEC07-0032) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 4-1-1 (Dewitt opposed and Pierce Recused) 1. This conditional use permit for a temporary business office, located at 616 W. Lionshead Circle (Concert Hall Plaza Building) shall be valid until January 24, 2009. 2. The applicant (or associated users of the Concert Hall office spaces) shall ensure that the parking access and availability for Landmark Townhomes is never impeded. Discontent related to parking on behalf of Landmark shall be reason for fhe applicant to erect a gate to discontinue such impediment, subject to approval of a design review application. 3. This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Items 3 and 4 were read into the record and reviewed concurrently. Bill Pierce recused himself. Bill Gibson gave a presentation per the staff memorandum. Jay Peterson presented an overview of the proposal and how conditions had changed since the initial conditional use permit approval in 2005. Kaye Ferry asked why the extension was needed. Jay Petersen, representing the applicant, explained how conditions have changed, including how the office proposal for the North Day Lot has been delayed, and how the new Ever Vail project is now the preferred permanent location for these office uses. Kaye Ferry stated that she has received several requests each week looking for retail locations. She believes there is currently high demand for retail tenant space.. Page 2 Dick Cleveland asked about the current lease expirations. Dick Cleveland opposed changing the definition of temporary office. He was conflicted between trying to keep Mountain Operations in Town and returning the space to retail. Rollie Kjesbo believed that as a part of the original approval, the office was suppose to go into the Arrabelle. Anne Gunion reviewed the definition of a Temporary Business Office, and believed it was difficult to approve an extension. Brian McCartney explained that the office space is now proposed to go into the .Ever Vail project. Michael Kurz asked how many employees were housed in theses offices. Brian McCartney stated that 50 to 60 people were working in these offices. Bill Jewitt expressed that there was a need for retail and retail .would come back to places like Treetops and Concert Hall Plaza if it were available. He does not believe the definition allows for the extension of the past three years. 10 minutes 4. A request for a final review of a conditional use permit, pursuant to Section 12-7H-3, Permitted ,~. and Conditional Uses; First Floor or Street Level, Vail Town Code, to allow for a temporary ~~ business office, located at 450 East Lionshead Circle (Treetops Building), Lot 6, Vail Lionshead ` Filing 1, and setting forth details in regard thereto. (PEC07-0031) Applicant: Vail Resorts, represented by Jay Peterson Planner: Bill Gibson ACTION: Approved with condition(s) MOTION: Kjesbo SECOND: Kurz VOTE: 4-1-1 (Jewitt opposed and Pierce recused)) 1. This conditional use permit for a temporary business office, located at 450 East Lionshead Circle (Treetops commercial building), shall be valid until January 24, 2009. 2. This conditional use permit approval is contingent upon the Town Council's adoption of an ordinance amending the definition of a "temporary business office" in Section 12-2-2, Vail Town Code. Items 3 and 4 were read into the record and reviewed concurrently. 10 minutes 5. A request for a final recommendation to the Town Council fora prescribed regulations amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site Coverage, Vail Town Code (Hillside Residential District), to increase allowable site coverage from 15% to 20%, and setting forth details in regard thereto. (PEC07- 0013) Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren Campbell ACTION: Approved MOTION: Kjesbo SECOND: Viele VOTE: 5-1-1 (Cleveland opposed and .Gunion recused) Items 5 and 6 were read into the record and reviewed concurrently. Page 3 Town of Vail Proposed 2008 Budget Timetable Budget Guidelines Presentation of 2006 audit report to Council 06/05/07 Council discussion of budget timetable & philosophies 06/05/07 Guidelines distributed to department heads 06/06/07 Council discussion of Off-Cycle Contribution Requests 06/19/07 Staff prepares departmental budgets 06/11/07 to Town Manager reviews departmental budgets 07/09/07 to Council discussion of major revenue items 07/17/07 2007/2008 parking task force meeting TBD Capita! budget request for county funds submitted TBD Council discussion of 15 ~ 5-year Capital plan 08/07/07 Council discussion of 15 ~ 5-year RETT plan 08/07/07 Council review of first draft of Town Manager's budget 08/21/07 Council review of second draft of Town Manager's budget 09/04/07. Council review of Vail Reinvestment Authority 10/16/07 Budget Documentation and Reporting First reading of 2006 Supplemental Number Two 08/21/07 Second reading of 2006 Supplemental Number Two 09/04/07 First reading of 2007 budget ordinance 09/18/07 Second reading of 2007 budget ordinance 10/02/07 First reading of mil levy certification ordinance 11/20/07 First reading of 2006 Supplemental Number Three 12/04/07 Second reading of mil levy certification ordinance 12/04/07 Second reading of 2006 Supplemental Number Three 12/18/06 Mil levy certification deadline to Eagle County 12/15/07 Budget book submission (to State) 01/31/08 06/29/07 07/27/07 Completed Completed Completed Completed Completed Attachment A Major Revenue Analysis 2008 Budget General Sales Tax RETT Tax Parking Revenue Property Tax Revenue Lift Tax Revenue Construction Fees Other Taxes Federal Grants Earnings on Investments Rental income 2003 2004 2005 2006 Actual Actual Actual Actual 14, 734, 552 15, 581, 575 16, 791,157 17, 986, 796 17, 050, 000 18, 400, 000 19, 400, 000 2007 2007 2008 Budget Projected Proposed Comments 07 projection -already $1 M over budget YTD; '08 considered some items under construction, but also the opening of Arrabelle -3.5% 5.7% 7.8% 7.1 % -52% 7.9% 5.4% 3,270,723 4,850,152 6,206,054 6,239,744 8,179,952 7,300,000 8,230,000 11.1% 48.3% 28.0% 0.5% 31.1% -10.8% 12.7% 2,993,378 3,285,932 3,651,537 4,007,334 3,600,380 3,600,380 3,651,380 17.4% 9.8% 11.1% 9.7% -1D.2% 0.0% 1.4% 2,667,154 2,466,313 2,468,978 2,750,693 2,852,998 2,852,998 3,660,000 1.4% -7.5% 0.1% 11.4% 3.7% 0.0% 28.3% 2,273,055 2,496,162 2,777,698 2,975,097 2,890,000 2,975,000 3,123,852 -3.1% 9.8% 11.3% 7.1% -2.9% 2.9% 5.0% 1,020,917 1,608,461 2,466,054 3,481,989 1,809,750 2,705,750 2,280,000 19.5% 57.6% 53.3% 41.2% -48.0% 49.5% -15.7% 1, 265, 084 1, 254, 005 1, 251, 928 1, 367,139 1, 273, 200 1, 273, 200 1, 356, 800 157.0% -0.9% -0.2% 9.2% -6.9% 0.0% 6.6% 89,700 1,412,098 19,500 1,739,052 - - 2,665,577 -58.8% 1474.2% -98.6% 8818.2% -100.0% 0.0% N/A 311,966 446,430 1,112,872 2,133,315 860,200 1,820,000 1,730,000 90.9% 43.1% 149.3% 91.7% -59.7% 111.6% -4.9% Shifted Arrabelle to 2008 (was included in 2007 original budget) Flat with prior year budget; 2006 was a record year Based on County assessor's projections 5% increase from '07 projected. Based on current construction project estimates County sales tax, Road & Bridge, Hwy users revenue, etc. 2008 $1.85M Transit Center & $815K buses '07 budget was conservative; Decreases in '07 and 'OS compared to '06 are due to decreases in the fund balances est'd at $9.4M in '07 and $2M in '08 616,412 803,939 780,214 827,280 754,907 754,907 763,000 Budgeted flat 23.4% 30.4% -3.0% 6.0% $.7% 0.0% 1.1% E911 and Interagency Dispatch Charges 1,037,223 1,088,068 1,165,164 1,337,583 1,465,512 1,465,512 1,617,344 13.0% 4.9% 7.1% 14.8% 9.6% 0.0% 10.4°h AIIOtherRevenue 8,021,669 8,764,750 1Q,260,363 3,081,735 2,926,301 2,781,197 2,385,305 32.7% 9.3% 17.1"/0 -70.0% -5.0% -5.0% -14.2% Total Revenue 38,301,833 44,057,885 48,951,519 47,927,758 43,663,200 45,928,944 50,863,258 % compared to Prior Year 11.8% 15.0% 11.1 % -2.1 % -8.9% 5.2% 10.7% Increase in occupancy charges to agencies; anticipate full staffing 2005 included $4M Conference Center collections & $2M project reimbursement; 2008 decrease also from project reimbursements Major Revenue Analysis 2008 Attachment B 7/12/2007 ME,'~10RAND Ulv1 TO: Vail Town Council FROM: Stan Zemler, Judy Camp, Kathleen Halloran DATE: July 12, 2007 SUBJECT: Cost Recover and Revenue Considerations for 2008 Bud let BACKGROUND In 2004, the Town of Vail entered a period of extensive redevelopment. With the redevelopment activity came an increase in workload and costs for construction-related activity -plan review, building inspection, code enforcement, construction mitigation, and related administration. The demand for municipal services also increased as more people came into town needing bus service, parking, emergency services, parks and street maintenance and so forth. Redevelopment put pressure on the town's capital budget to provide amenities in keeping with the new projects. Examples already in process include village streetscape ($16.3 million); Meadow Drive streetscape ($8.1 million); LionsHead improvements ($435,000); and landscaped medians on the frontage road ($570,000). Examples yet to be funded include recreation facilities; parking structure improvements; a transportation center; and an overpass or underpass near Simba Run and Cascade Village. When projects such as these are funded from current sources, other projects such as neighborhood reconstruction and building remodels are delayed. The fifteen-year capital plan prepared during the 2007 budget cycle clearly identified a need for additional funding for capital projects and indicated funding from the Capital Projects Fund would be insufficient to fund key projects in 2008. Currently, sales tax represents approximately 39% of the town's revenue and supports at least a portion of all the above expenditures. Although sales tax revenue has increased in recent years, it is an inconsistent source of revenue dependent. largely upon snowfall, tourism, and the general economy. Any negative impact of construction activity on sales tax collections during the past three years was more than offset by good snow/ski conditions and a healthy economy. This situation could change very easily if snow conditions do not hold or if guests who have now experienced the construction activity decide to go elsewhere for a few years until redevelopment is complete. Even if recent trends in sales tax collection hold, there will not be sufficient revenue to fund important capital projects. Additional diversification of revenue sources could mitigate the impact of a bad snow year or a turn in the economy. RECOMMENDATION Staff has explored the following options to recoup some of the redevelopment-related costs and to provide additional funding for capital projects: a construction mitigation fee for large development projects; a construction use tax on all building materials; and review of existing construction fees. In addition, Public Works is working toward codification of traffic impact fees and public art requirements. Other revenue options which are not related to construction activity such as mil levy increases and road maintenance fees are not included here. To fund construction mitigation services, such as traffic control, logistics, staging, construction coordination and other activities required to mitigate the impact of large development projects, staff recommends Council consider an impact fee for projects with a valuation in excess of $10 million. As a next step, staff recommends obtaining a nexus study regarding the costs of construction mitigation. To provide additional funding for capital projects, staff recommends Council consider a construction use tax on all building materials. Staff recommends including construction permit fees in a nexus study if Council agrees to consider the impact fee recommended above. Otherwise, only minor modifications in existing construction fees are recommended as described below. CONSTRUCTION MITIGATION COSTS Vail's multi-billion dollar renewal began in 2003 with Vail Resorts redevelopment in LionsHead. In 2006, there were seven projects with valuations of more than $10 million per project. In an effort to manage the construction activity and mitigate the impact on town businesses, residents, and guests, the town hired additional staff and incurred other related costs. From September 2003 through August 2005, Vail Resorts contributed funding for development review and construction mitigation under a voluntary agreement. This funding was in addition to the required plan check and building permit fees. No other developer has made a similar contribution and the Vail Resorts Development Company agreement has expired. Projects that exceed $10 million valuation c~:n be expected to require additional traffic control, logistics management, staging, construction coordination, community meetings, and newsletters to adjacent properties, among other activities. Currently, these additional activities are funded by the town's sales tax and other General Fund revenues. Staff has explored the concept of a construction mitigation fee to cover costs incurred by the town to manage major construction projects and mitigate their impact on the community. These costs are in addition to the regulatory costs of the entitlement process and building inspection which are covered by the existing construction fees. The fee would provide a new source of revenue to fund new services and reduce the reliance on sales tax revenue to fund the proportionate costs of mitigating the impact of private construction. We believe the fee could be separately stated or included in the building permit fee. It would not impact small projects, which do not require mitigation activity. Staff considered the following as costs of construction mitigation: • Salary and benefits for the portion of time employees spent directly on construction mitigation. Positions working directly on construction mitigation include: engineers; construction inspectors; Public Works Director; construction code -2- enforcement officers; construction police sergeant; police commander; Assistant Town Manager; and Public Information Officer and staff. • Departmental overhead, Town of Vail support services, and facilities' operations costs. Capital costs and/or depreciation are not included. • Cost of projects to make the town a fun place to be during construction. Examples include street entertainment, climbing wall, and shopping spree. • Cost of communications such as the Frontline newsletter and weekly meetings with businesses in the construction areas. Estimated costs of construction mitigation in 2006 were approximately $1 million. During this period, there were seven projects in process with valuations greater than $10 million. The combined excess valuation, i.e., the amounts exceeding $10 million on each project, was $282,160,683. The average construction period for a major project is estimated at 21 months and mitigation costs are expected to be incurred by the town over that period. Using the 2006 estimated costs as a base and multiplying by 1.75 years, the town is expected to incur $1.75 million in mitigation costs for projects that were in process in 2006. As an example, to recoup the full cost of construction mitigation through a fee, the fee amount would be determined by dividing the $1.75 million in construction mitigation costs by the valuations over $10 million for the seven projects in process while the costs were incurred. The result is $6.20 per $1,000 of valuation over $10 million. Under this scenario, a project with a total valuation of $100 million would pay $558,000 in mitigation fees. ($100,000,000 -$10,000,000 = $90,000,000/1000 = $90,000 X $6.20 = $558,000) These are staff estimates, which would need to be validated by an independent outside consultant. Under Colorado statute, the fee described above is considered an impact fee. Implementation requires codification by ordinance. A nexus study is also needed to assure the fee covers only the proportionate costs of the extraordinary impact caused by large construction projects. An impact fee is not a tax and therefore does not require a TABOR election. If Council directs staff to continue exploring a construction mitigation fee, we will request funding for a nexus study in the next supplemental appropriation. Staff recommends Council consider recouping the costs of construction mitigation through an impact fee for development projects with a valuation over $10 million effective with building permits issued after January 1, 2008. As a next step, staff recommends obtaining a nexus study regarding the costs of construction mitigation. CONSTRUCTION USE TAX Generally, a use tax is levied on the privilege of using or otherwise. consuming tangible personal property within a city or county for which no sales or use tax has been previously paid. It is considered complementary to a sales tax, and is applied regardless of where the property was purchased. For example, if the town levied a use tax on construction material, a contractor purchasing material for his job from an out-of--state -3- supplier could be assessed a use tax by the town. The use tax would be collected at the time a building permit is issued based upon 50°io of the project's valuation. Colorado statutes authorize use taxes on construction materials and on vehicles used within the municipality or county imposing the tax. Over half the incorporated municipalities and counties in Colorado levy a use tax. In many cases, the use tax and the sales tax are at the same rate; however, many municipalities also charge a lower rate for use tax. The Town of Vail does not currently have a construction use tax. Building and construction materials are also exempted from the 4% sales tax applied to tangible personal property purchased in town or delivered into town. Therefore, no tax is collected on building and construction material fir projects of any size with a building permit. A 4% tax on building materials used in the town would have generated an estimated $2 million in 2005; $4 million in 2006; and $7 million in 2007. A use tax can be used for any legitimate governmental purpose including the capital and operating expenses mentioned above. It is not limited to a particular service as a fee is. A use tax on construction material may be counter-cyclical to the town's general sales tax, i.e., if sales tax is negatively impacted by construction, the use tax is in place to offset it during the construction period. As a matter of tax policy, exemptions are generally given to encourage a specific behavior -for example exemptions on construction material to encourage development. Given the redevelopment activity that has already commenced in Vail, it may time to re- examine this tax policy. Implementation of a new tax is always a difficult issue. With Vail in the midst of a multi-billion dollar redevelopment, imposing a tax now would impact the late-comers significantly compared with those who began early. For example, if the 4% sales tax rate were chosen for use tax, a development project with a valuation of $100 million would incur a tax of $2 million. (4% applied to 50% of valuation). Put another way, this represents a 2% increase in total cost for the development. For projects cu~Yently in the review process but not yet to the building permit stage, this could be a significant change. A construction use tax would apply to all construction projects for which a building permit is required; therefore, it would impact both large redevelopment projects and individual homeowner projects alike. Also, the town recently enacted workforce housing requirements that impact the same group that would be subject to the use tax. A TABOR election is required if Council wants to pursue a use tax on construction materials. Although Colorado law also allows a use tax on vehicles used within the town, staff does not recommend a vehicle use tax because it is borne primarily by the town's residents. A TABOR election in November 2007 requires first and second reading of ~~~Ilot language on August 7 and August 28, respectively. A November ballot issue also coincides with the election of 5 Town Council members. -4- On the other hand, a construction use tax could provide a signiticantlevel of revenue to fund to the town's capital project needs. Even before the billion dollar redevelopment began, a 4% tax would have generated close to $2 million per year, a sum sufficient to bond fora $20 million capital project. A use tax is a common source of revenue to Colorado municipalities and is well supported by case law. A construction use tax could also provide diversification to the town's sales tax. If Council chooses to put a construction use tax on the November ballot, staff recommends the .tax be restricted to capital projects. If Council does not choose to put a construction use tax on this November's ballot, staff suggests Council recommend the new Council begin. early in 2008 to debate the use tax and craft a ballot issue for November 2008. EXISTING CONSTRUCTION PERMITS A schedule of current construction fees is attached to this memo. The fees shown in sections I through V are based on 1997 fee schedules from the international building code adopted by the Town of Vail on March 1, 2003. Sprinkler and fire alarm permit fees (sections VI and VII) were added to the schedule on March 1, 2005, and electrical permit fees, which are established by the state of Colorado, were updated in March 2006. Planning Application Fees in section VII were adjusted in 2005. The recreation fees shown in section. VIII of the fee schedule are deposited into the RETT Fund. The other fees are deposited into the General Fund to support the costs of the construction planning and building inspection services required to be provided by the town. There are three bases for applying construction fees: valuation, hourly rate, and fixed fee. For fees based primarily on valuation buildin mechanical, sprinkler, and fire alarm),' the rates shown aresapplied to thepva nation provided by the contractor obtaining the permit or to a valuation based on data provided by the International Code Council adjusted for regional costs. As building costs increase. and more projects come on board, total fees increase accordingly. Staff recommends no change to the rates currently used for fees based primarily on valuation. However, if Council accepts staffs recommendation to obtain a nexus study related to a construction mitigation impact fee, staff recommends including the existing construction fees in that study. Fees based on an hourly rate, however, do not have abuilt-in mechanism to cover inflationary and other cost increases. A review of internal costs for plan review and building inspection results in an hourly rate for 2008 of $64, compared with a current rate of $47 per hour for Other Inspection Fees and $55 per hour for additional preconstruction meetings and additional plan review. The $64 per hour rate for 2008 is based on salary and benefits costs for the five individuals in the Building Department and allocations for: indirect departmental costs; operational costs of facilities; and Town of Vail support services.. Capital replacement costs are not included in the calculation. Staff recommends an increase to $64 per hour for all fees based on an hourly rate. It -5- should be noted the increase in rate will not have a significant impact on revenue, but represents a more equitable charge for these services when used. The Will Call Inspection Fee covers the cost of cell phones for the Building Inspection Department and allows the building inspectors to call contractors to arrange for a meeting time for the scheduled inspection. This allows for better customer service which would not be available without the cell phones in the field. Staff recommends an increase from $3 to $4 per permit as of September 1 based on actual cost information. Althaugh Planning Application Fees were adjusted in 2005; staff feels they still do not cover the costs of the planning application process and would like to review the fees for a potential increase. Staff recommends including a review of planning application fees if a nexus study is performed. Staff recommends no change in Electrical Fees, which are established by the state, and Recreation Fees, which were established as a tax in 1974 and therefore cannot be increased without an election. -6- TOWN OF VAIL -COMMUNITY DEVELOPMENT CONSTRUCTION FEE SCHEDULE 2003 (adopted March 1, 2003); updated March 1, 2005, updated March 13, 2006 I. BUILDING PERMIT FEES Total Valuation $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001 to $1,000,000.00 $1,000,001.00 and Up Fees $23.50 $23.50 for the first $500.00 plus $3.05.00 for each additional $100.00 or fraction thereof, to and inGuding $2,000.00 $69.25 for the first $2,000.00 plus $14.00 for each additional$1,000.00 or fraction thereof, to and inGuding $25,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $643.75 for the first $50,000.00 plus $7.00 far each additional $1,000.00 or fraction thereof, to and inGuding $100,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00 or fraction thereof, to and including $500,000.00 $3233.75 for the first $500,000.00 plus $4.75 for each additional $1,000.00 or fraction thereof, to and including $1,000,000.00 $5608.75 for the first $1,000,000 plus $3.65 for each. additional $1,000.00 or fraction thereof. 11._ OTHER INSPECTION FEES 1. Inspections outside normal business hours minimum charge two hours. 2. Reinspection fee assessed under provision of section 305 (g) of the UBC. $47.00 per hour 3. Inspections for which no fee is specifically indicated including special inspections, $47.00 per hour special work orders & zoning.. $47.00 per hour 4. Will Call Inspection Fee -applies to all permits _ _ _ PLAN REVIEW Building Plan Review Fee shall be 65% of the building permit fee. Plumbing Plan Review Fee shall be 25% of the plumbing permit fee. Mechanical Plan Review Fee shall be 25% of the mechanical permit fee. Sprinkler _ Plan Review Fee shalt be 25% of the sprinkler permit fee. Investigation Whenever work has commenced without first obtaining said permit, the investigation fee shall be equal to the amount of the building, plumbing, mechanical, electrical, sprinkler or alarm permit fee. All other fees shall be in addition to the investigation fee. Fast Track Plan Review for a fast track permit, when plans are not totally ° complete shall pay a plan review fee a ual to the buildin q g permit fee. Restaurant Fee Health Department Plan Review for kitchens shall be a flat fee of $75 00 Preconstruction Meetings . A fee may be charged when time spent is determined to be excessive by the building official (excessive review is over 2 meetings or four Additional Plan Review hours). $55.00 per hour Additional plan review required by changes, additions or revisions to i $55.00 IV. PLUMBING PERMIT FEES $15 00 per $1 000 00 valuation (valuation $500 V. MECHANICAL PERMIT FEES $20.00 per $1,000.00 valuation (valuation - $500 VI. SPRINKLER PERMIT FEES $350.00 plan check fee plus 4.25% of the valuation VII. FIRE ALARM PERMIT FEES $232.00 plan check fee plus 3.75% of the valuation cdev/building/fee schedule/Permit Fees.adopted2003.3-13-06 3-13-2006 ELECTRICAL FEESi A. Residential Fees Includes new construction, remodeling or addition and repair to: single family homes, duplexes, condominium and townhouses. Excluded in this fee is hotel accommodation units which are calculated based on Section B, below. not more than 1,000 sq. ft. $ 51.75 over 1,001 sq. ft. & not more than 1,500 sq. ft. $ 57.50 over 1,501 sq.ft. and not more than 2,000 sq.ft. $ 86.25 per 100 sq. ft. in excess of 2,000 sq. ft. $ 4.60 B. All Other Fees n Not more than $300.00 $301.00 to $2,000.00 $2,001.00 to $50,000.00 $50,001.00 to $500,000.00 More than $500,001 on all of the above $ 42.00 VII. Planning Application Fees -these are not charged on the building permits but when planning apps are submitted. Tvae Fee Fee Conditional Use $ 650.00 Variance $ 500.00 Special Development District Sign $ 50.00 (New/Major) $ 6000.00 Special Development District (Minor) $ 1500.00 Additional GRFA $ 300.00 Special Development District ( Rezone $ 1300.00 Major-no ext. changes) $ 1250.00 Minor Subdivision $ 650.00 Minor Exterior Alteration $ 650.00 Major Subdivision $ 1500.00 Major Exterior Alteration $ 800.00 Sign Variance $ 200.00 Zoning Code Ameridment $ 1300.00 plus $1. per sq.ft. total si RECREATION FEE PER SQ. FT. Tvae Fee HR (Hillside Residential) $ 0.15 ABD (Arterial Business District) $ 1.00 SB/RD (Ski BaselRec District) $ 0.70 PD (Parking District) $ 0.10 PUC (Public Use District) $ 0.10 SFR (Single Family Residential) $ 0.10 R (Tw0 Family Residential) $ 0.15 RC (Residential Cluster) $ 0.30 R P/S (Primary/Secondary Residential) $ 0.15 LDMF (Low Density Multi-family) $ 0.35 MDMF (Medium Density Multi-family) $ 0.701 HDMF (High Density Multi-family) $ 1.00 LMU1 (Lionshead Mixed Use 1 $ 1.00 LMU2 (Lionshead Mixed Use 2) $ 1.00 PA (Public Accommodation) $ 1.00 CC1 (Commercal Core 1) $ 1.00 CC2 (Commercial Core 2) $ 1.00 CC3 (Commercial Core 3) $ 1.00 CSC (Commercial Service Center} $ 1.00 HS {Heavy Service) $ 1.00 A (Agricultural & Open Space) $ 0.10 SDD (Special Development District) Rate of zone district applicable to the density Includes commerical, accommodation units & temporary construction meters, shall be computed on the dollar value of the electrical installation, including time and materials, whether they are provided by the conVactor or the property owner. Such fees shall be computed as follows: $ 48.75 $ 57.50 $21.85 per each $1,000 valuation or fraction thereof of total valuation $20.70 per each $1,000 or fraction thereof of total valuation Plus $57.50 $19.50 per each $1,000 or fraction thereof of total valuation Plus $632.00 cdev/building/fee schedule/Permit Fees.adopted2003.3-13-06 3-13-2006 FOR IMMEDIATE RELEASE July 17, 2007 Contact: Suzanne Silverthorn, 479-2115 Community Information Officer TOWN OF VAIN Town Manager THE SURVEY SAYS: EMPLOYEE HOUSING, DEVELOPMENT, PROTECTION OF ENVIRONMENTAL RESOURCES, PINE BEETLES & PARKING TOP LIST.OF VAIL'S IMPORTANT ISSUES (Vail)-Respondents to Vail's community survey have identified employee housing, development, protection of environmental resources, addressing the pine beetle infestation and providing adequate and safe parking for peak visitor periods as the top issues important to Vail's future. In addition, nearly twice as many people who were surveyed said the town is going in the "right direction" than those who said the town has "gotten off on the wrong track." These and other findings of the 2007 biennial survey were presented to the Vail Town Council today (7-17) by the research firm, RRC Associates, which conducted the questionnaire at the close of the 2006-07 ski season. Because the survey is comparable to previous efforts, it is possible to make direct comparisons from year to year to identify-shifts and trends, according to RRC researcher Chris Cares. For example, respondents were asked to identify the "two biggest issues" facing the town. This year, housing was the most identified issue in an open-ended question, with 21 percent of overall respondents mentioning affordable or employee housing as one of the top two issues, an increase from 10 percent of respondents who had mentioned it in 2005. The topic of "development" (which included "overbuilding" and "overcrowding") was the next most mentioned with 18 percent of responses, up from 7 percent in 2005. Parking was the next most mentioned this year at 13 percent, down from 21 percent in 2005. While both full-time and part-time residents identified housing as the top issue, there were differences of opinion throughout the response groups about what should be done to address the problem, Cares said. In general, most respondents said they supported direct action by the town to provide workforce housing. In contrast, when the survey was last fielded in 2005, parking had surfaced as the top priority and was identified by twice as many respondents as any. other issue. Cares says the data suggest the perceptions of community issues can change from year to year. "This question elicits top-of-mind (more) 75 South Frontage Road • [jail, Colorado 81657 • 970-479-2106 / F14X 970-479-2157 • www. vailgov. com ~~~ RECYCLED PAPER ~~ i Add 1/TOV Community Survey responses," said Cares. "It's not only what citizens are thinking about, but also what they're hearing and reading about. This year, with the heavy emphasis on housing issues by the Town Council and in the media, it was obvious that this topic was on peoples' minds." Similarly, the large amount of new development was clearly identified as an issue by a large segment of the community, according to Cares. In addition to the open-ended question, the 2007 survey also asked respondents to evaluate a list of 10 topics important to Vail's future. In this case, "environmental protection" received the highest score with a rating of 4.3 on a 5.0 scale, with 5 being "extremely important." Next highest was the category of "addressing the pine beetle infestation" which received a 4.1 score, with most respondents, 71 percent, also suggesting the town place a high priority on "enforcement of requirements for private property owners to remove dead beetle-infested trees." As in previous surveys, parking also topped the priority list with a ranking of 4.0. The remainder of the prioritized issues and their rankings for 2007 are as follows: • Facilitating a range of workforce housing opportunities for those who work in Vail, 3.8 • Construction and/or maintenance of public infrastructure, 3.8 • Sustaining year-round tourism in Vail, 3.8 Improving recreational facilities such as parks, trails and bike paths, 3.5 • Improving fire response times and firefighting capabilities, 3.4 • Improving various modes of transportation in and around Vail, 3.4 • Growth and development, 3.4 In this instance, housing was rated lower than in the open-ended response. According to Cares, this is; in part, because while housing was found to be important to many people (65 percent called it a 4 or 5 in importance) there is also a significant segment that gave it a relatively low importance ranking (18 percent rated it 1 or 2). Similar splits occurred in the "growth and development" category, according to Cares. This is in contrast to the environmental question where almost 82 percent called it "important/very important." In rating their satisfaction with a variety of municipal services with 5 being "very satisfied," the highest scores were given to the following categories: • Dependability of bus service, 4.4 • Courtesy and helpfulness of firefighters and fire prevention staff, 4.4 • Parking availability during summer periods, 4.4 • Response times to basic medical emergencies and fires, 4.3 (more) Add 2/TOV Community Survey Results • Snow removal on roads, 4.3 • Overall feeling of safety and security, 4.3 • Frequency of the in-town shuttle, 4.3 • Overall bus driver courtesy, 4.2 • Overall park maintenance, 4.2 • Library collection, 4.2 • Cleanliness of buses; 4.1 • Friendliness/courtesy of library staff, 4.1 • Overall quality of police services, 4.0 The lowest score was given to parking availability during winter periods with a rating of 2.4. Satisfaction ratings with town staff, Town Council, Design Review Board and Planning and Environmental Commission ranged from 3.5 to 2.7, showing slight declines from 2005. The survey results indicate that attitudes toward town government and the direction of the community are generally positive in 2007; however, there were some notable declines from 2005, according to Cares. For example, when asked if the town is on the "right track," 58 percent responded favorably (down from 70 percent in 2005 but similar to .the 57 percent obtained in 2003), with 30 percent saying "wrong track," up from 19 percent in 2005 and similar to the 28 percent rating in 2003. In a question first asked in 2005, respondents were asked, "Thinking about the vision for the new Vail, and all the improvements that are occurring, how would you describe your attitude?" In 2007, about 32 percent of respondents said they were "very excited" with 23 percent "not excited." This is in contrast to 2005 when 47 percent (almost half) were "very excited" and only 10 percent "not excited." On a more positive note, of the respondents who indicated they were "very excited" about the vision for the new Vail, many cited the development and revitalization in the Village as a positive and important aspect to the town's future, Cares said. In evaluating the shifts in attitudes and priorities this year, Cares said he noted a distinct pattern that can be explained largely by length of time respondents have lived in or owned property in Vail. Long-time residents who have lived in Vail for 15 years or longer, by and large, were generally more negative about the direction of Vail than those who (more) Add 3/TOV Community Survey Results have lived in or owned property in Vail fewer than five years. Additionally, as in past surveys, part-time residents continued to generally be more positive than full-time residents in virtually all categories of questions that involved. ratings. "Clearly, Vail serves multiple stakeholder groups who have different wants and needs and their ratings reflect some of these differences," said Cares. The survey also measured "sense of community' in a question identical to past years. The results suggest that feelings about community have returned to the levels measured in 2003 with about 14 percent saying it has "improved." In 2007 more respondents said the sense of community has "gotten worse" (36 percent) than in 2005 (21 percent), with opinions once again similar to 2003. When asked to rank potential recreation facility improvements, respondents gave the highest priority to a recreation center/gymnasium/aquatics facility with a 3.4 score with 5 being "extremely important," followed by reconfiguration and renovation of Ford Park at 3.1. The list also included: • Dobson Ice Arena remodel and upgrade, 3.0 • Vail Golf Club Clubhouse remodel, 2.8 • Permanent skateboard park, 2.5 The telephone survey was conducted during a two week period in March and April and includes responses from 300 year-round residents and 100 part-time residents. It has a margin of error factor of plus-or-minus 4.9 percent. In addition, an Internet and mailback version of the phone survey was also made available. It resulted in 59 responses which were tabulated and reported separately from the phone survey in order to maintain the direct comparability to past studies. The 2007 survey findings, including an array of comments and suggestions from respondents, have been posted on the Town of Vail web site at www.vail ov.com. For additional details, contact Suzanne Silverthorn in the Town of Vail Community Information Office at 479-2115 or email ssilverthorn@vailgov.com. # # #