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HomeMy WebLinkAbout2009-20 Special Development District 39, Crossroads SDD 39 Repeal 2006-5 ORDINANCE NO. 20 Series of 2009 AN ORDINANCE REPEALING AND RE- ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Solaris Property Owner LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 14, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval, by a vote of 7 -0 -0 of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 20, Series of 2009, which repeals and re- enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39 ". Special Development District No. 39 shall be reflected as such on the Official Zoning Map of the Ordinance No. 20, Series 2009 1 Town of Vail. The underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12 -9A -5 and 12 -9A -6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12 -9A -5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled " Solaris ", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated August 10, 2009, and stamped approved October 20, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail /restaurant' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail /restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety -nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 20, Series 2009 2 E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy - nine (79) dwelling units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety -three and six tenths percent (93.6 %) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20 %) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12 -10 of the Vail Town Code. At least one -half (1 /2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance for the establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval Ordinance No. 20, Series 2009 3 of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial /retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Ordinance No. 20, Series 2009 4 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off -site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12 -9A -4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one - bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two - bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three - bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four - bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on -site. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 20, Series 2009 5 Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6 day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20 day of October 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Clevelan , Mayor OW N• .r TT • e' Donaldson, Town Clerk t� r p •.••��•��.• READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this th day of October, 2009. Richard D. CI vel , Mayor 5 �W el i Donaldson, Town Clerk A • L . 00 • •' 0, 'ADO Ordinance No. 20, Series 2009 6