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2006- 5 ORDINANCE N0.5 Series of 2006 AN ORDINANCE 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 SC i i LNG 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 establishing 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 establish 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 Vaii held a public hearing on January 23, 2006, on the application to establish 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 5-2-0 of this request to establish Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to establish 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 ofi the public health, safety, and welfare to adopt Ordinance No. 5, Series of 2006, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development Ordinance No. 5, Series 2006 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 "Crossroads Redevelooment", dated December 12, 2005, and stamped approved March 7, 2006. 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 "rei*aiUrestauranf' uses solely and shall not be utilized for "professional offices, business offices, and sfudios" 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, Crossraads 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. 5, Series 2006 '2 ~'"' E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 199,830 square feet and the maximum allowable density shall be sixty-nine (69) 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, details for funding public art, and details for providing additional landscaping in the area between Vail Village Inn Phase III and the proposed Crossroads to address the screening needs between the buildings. Ordinance No. 5, Series 2006 3 The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit): The Developer shall submit a fiire and life safety plan for review and approval by the Town of Vail Fire Department. 2. 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 far a building permit. 3. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. 4. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board. 5. 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. 6. The Developer shall comply with the written final comments of the Town of Vaii 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. 7. The Developer shall submit a written letter agreeing to install a public safety radio communications system within th_e 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. The Developer shall address the following conditions of approval prior to requesting a temporary certificate of occupancy or a final certificate of occupancy; The Developer sha11 be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic, or $442,000. This impact fee shall not be offset by any public improvement. 2. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes, but is not limited to, the proposed streetscape improvements. Ordinance No. 5, Series 2006 ,4, ~'" 3. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A- 4, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of twelve (12) beds generated by the redevelopment of Crossroads, and that said deed- restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to issuance of a temporary certificate of occupancy or final certificate of occupancy for the Crossroads project. The required Type II or 111 deed-restricted employee housing units will be regulated by the Town of Vail Employee Housing requirements (Chapter 12-13). The units purchased must be approved as acceptable by Town staff arid deed restricted as Type I I or I II units depending on the zone district in which they are located and by the appropriate review process. The developer shall be required to locate the twelve (12) required employee ~, beds within the Town of Vail boundaries. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. A maximum of two (2} temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a temporary certificate of occupancy or 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. 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 Ordinance No. 5, Series 2006 5 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 7"' day of February, 2006 and a public hearing for second reading of this Ordinance set for the 215` day of March, 2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E~lifer, Mr' ATTE .~ -~6rele' Donaldson, Town Clerk ~0;~•••••••''•q~ • • ,SEA • ' L' • s • •. ~. INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 215` day of March,, 2 6. Rodney ~. Slifer, Mayor ATTES Z~~ ~ /~ ~c~ ~ poi= ~q~ lei . onaldsor~, Town Clerk O~. •: ~. ~. .S ' A ' •. 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C1 ~ bn ~• • ~ CV' O 4~,. ~ O~ W ~ r "4 O O N 4-' `a ~ N U V'' a~i ~'~'e o ~„ y -o ~ ~ w a Oa W o •~ ~ ~ ~ c ~, ~ ~ ~o a i ~ „o '~ 4 ~ ~ o ~ ~a~~ ~ ~ ~ G G ~~~a O C-~ ~ °'~ ~a air's, o s a ~r ~ H O ~ 'Q s a°~ H U F"' s a v' ~.'~•• -. ~~ Y v ~~ /~., "rJ ~ ~ w • Q. ~ ° W ~ ~_ : ~. ~~ ~~p~_~ ai~~lla ~ /~~ ' Puss NOTICE * ORDINANCENQb ' SeHes of 2008 ~ AN ORDINANCE ESTASUSHING SPECIAL DEVELOPMENT ..w, n,CT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9,TITLE 12, ZONINGTITLE,TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARDTHERETO. Wt~REAS. TNe 12, Zoning Title, Chapter 9, Article A, Spacial Development-{SDD) DieMCL Town Code of Vatl establishes a procedure for establishing special a~vebpment districts; and EREAS, Crossroads East One, LLC and Crossroads West One, LLC, has submitted an application to the Tawn of Vail Community Development Department rah Special Development District No. 39, Crossroads, to faalitate the redevelopment of an existing mixed use development; and EREA5, the Planning and Environmental Commission of the Town of Vail held a public hearing on January 23, 2006, on the application to establish Spe- cial Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vaii; and WHEREAS, upon due consideration, the Planning and Ernjronmental Commission of the Town of Vail found that the request complies with the design criteria p _„ ~ ":..7 in flM Titls /2. RegtAedens, VaNTown Code. and furthers the development objectives of the Town of Vaii; arm WHEREAS, the Planning and nvironmental Commission of the Town of VaH has forwarded a recommendation of approval with conditions by a vote of 5-2-0 of this request to establish Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vaii Town Courx:ii finds that the request to establish Special Development District No. 39, Crossroads, complies with the design crkena prescri- bed in the Tkle 12, Zoning Title, Town Code of Vaii; and provides a I.~......,ious, convenient, workable relationship among land uses Consistent with muniapal development objectives; and WHEREAS, ttte Yail Town Councl ~.,.. ";,:~..: k in the interest of the public health, safety, and welfare to adopt Ordinance No. 5, Series of 2006, and establish a new special dovel~ment district 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 Sppecial Development District Na 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block SD, Vaii Village Filing 1, which comprise a total of 115,129 square feet (2.843 acres) in ttre Vail Village area of the Town of Vaii. 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 Spe- cial Development District No. 39; Crossroads, shall be Commercial Service Center (CSC pistrict. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved detrelopmeM plan is the pnncipel doCUmeM in guiding the development, uses and activities of a special development district. The Vail Town Coun- cil 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 12-9 ~6 of the Town Code of Vail. The Approved Development Puri for Special Development District No. 39, Crossroads, shalt be comprised of materials submitted in accordance wkh Section 12-9A-5 of the Town Code of Vail and #pie plans prepared by Baines Coy Ardhkects and Davis Partnership Ar- chitects, entitled "Crossroads Redevelopment, dated December 12, 2005, and stamped gfproved March 7, 2008. r :. Ssctlon 3. DevebomeM Standard In conjunction with the Approved Development Plan described in Section 2 herein, the ~Ilowing development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integnry 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 Dis- trict No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Artlcle E, Commeroial Service Center zone district, Town Code of Vait, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the aza level tenant spaces to 'retail/restauranY cee~olety and shall not be utilized for "professional offices, business offices, and studios' uses, as defined in Title t2. A professional office intended for real eaEaTii sales may be al- lowed on the plaza level of the building for a period of iwo years following the date of the Issuance of a temporary certificate of xcupariGy~tir a final certificate of occupancy to allow for the sales of the on-site dwelling.unks and leasing of commercial spaces. No space noted as retaiVrestaurant space on the Approved De- velopment Plan shall be converted to a dwelMg unk. 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 Devel- opment Plan, described in Section 2 herein. D. Height: The maximum allowable building height for ~ecial Deveioplmerd District No. 39, Crossroads shall be ninety-nine and nine tenths feet 99.9'), and as indicated on the Crossroads Approved Development P an, descrribbeedd Secflon 2 herein. Density Control: The maximum allowable Gross Residential Floor Area (GRFA} for Special Development Distnct No. 39, Crossroads, shall be 199,830 square feet and the maximum allowable density shall be sixty-nine (69) dwelling units, and five (5) attached axommodation units, a8 indicated on the Crossroads Approved Development Plan, described in Section 2 herein. E Stte Coverage: The maximum allowable site crnrerage shall be ninety-three' and six tenths percent (93.6 %) or 107,772 square feet of the total lot area, and as.indiceted on the Crossroads Approved Development Plan, described in Secton 2 herein. G. Landscaping antl Ske Development: At least twenty percent (20°h) of the total site shall be landscaped. The minimum width and length of artt~yy area qualifying as landscaping shall be fifteen (15} feet wkh a minimum area of not less than three hundred (300) square feet. The landscaping and site devel- opment shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street pparking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-hak (1/2) of the re- 'red parking shall be located wthin the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the ssroad Approved Development Plan, described in Section 2 herein. ~ettion 4. Conditions of Approval ~ he following xnditlons 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 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 streetscepe improvements along Vitiage Caner Road and East Meadow Drive, public axes to the plaza for pedestrians and Town sponsored events -which may include the establish- ment of an easement on the plaza and language in the xvenants 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 sy~em, payment of traffic impact fees and credits given to offset fee, de- tails for funding public art, and details for pproviding additional landscaping in the area between Vart Village Inn Phase III and the proposed Crossroads to ad- dress the screentng need between the buildings. The Developer shall address the following condkions of approval prior to submitting a txBkTing permk application (a grading permiVexcavafion permit shall insti- tute a twilding permk): 1. The Developer shall submk a fire and life safety plan for review and approval by the Tovm of Vail Fire Department. 2. The Developer shall submit a final exterior building materials list, lypic8l wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board prior to submittal of an applicetiisn for a building permk. 3. The Developer shall submk a rooftop mechanical equipment plan for review and approval by the Design Review Board poor to the issuance of a building per- mit application. All rooffop mechanical equipment shell be incrrporated into the overall design of the lodge and enclosed and visually screened from public view. 4. The Developer shall submk a comprehensive sign progrem for review and approval by the Design Revew Board. 5. The Developer shall receive all the required permits from the Colorado Department of Trensportatlon (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. 6. The Developpeer shall empty 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 18, 2008, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permk for this project. 7. The Developer shall submk a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specficetions of the Town of Vail Communications Center. The specifications {Ind details of this system shall be submitted to staff for review and ap- proval with the appRCation for a building permtt. , The Developer shall awJ,e~ the folowing indkions of approval prior to requesting a terts7orery certificate of oxupancy or a final certificate of occupancy; 1. The Developer shall be assessed a traffic impact fee of $8,500 per net trip increase iron p.m. traffic, or $442,000. This impact fee shall not be offset by any public improvement. 2. The Developpeer shall post a bond to provide financial security for 125% of the .total chat of the required off•ske pubtk improvements. The bond shalt be in place with the Tiwn prior to the issuance of a temporary cert~cate of oxupancy. This irxltWes, but is not limited to, the proposed streetscape improvements. 3. The Developer shaft commence initial construction of the Crossroads improvements wtihin three years from the time of its final approval at wind reading of the ordinance establishing Special Development District No. 39, and continue diligenty toward the completion of the project. It 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 ap- proval of said special developmem district shall be void. The Planning and Eniironmental Commission and Town Councl shall review the special development district upon submittal of an lication to reestablish the special development district faUovving the procedures outlined in Section 12-9A-4, Vail Town Code. 4. The Developer shall provide deed-restricted housing that complies with the Town of Veil Employee Housing requirements (Chapter 12-13 for a minimum of twelve (12) bade generated by the redevelopment of Crossroads, and that said deed-,d.:,:...~d employee housing shall be made available for oxupancy, and that the deed restrictions shah be ,_„_.J:.d w(th the Eagle County Clerk 8 Recorder, prior to issuance of a temporary certfcate of occupancy or final certrfcate of oxupancy for the Crossroads pro~eet The required Type II or III deed-restricted employee housing unks will be regulated by the Town of Vail Employee Housing requirements (Chapter 1 Z-13). The units purchased must be approved as axeptable by Town staff and deed restricted as Type I I or III units depend- ing on the zone district in which they are located and by the appropriate review process. he developer shall be required to Irate the twelve (12) required em- ployee bads within the Town of Vaii boundaries. 5. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza letrel tenant spaces to retail uses coley and shalt not be utilized for professio- nal offices, business offices, and studios: The second floor retail space may be utilized for any allowable or conditional use as listed in the Commeroial Service tenter Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dweAfng unk. A maximum of two (2) nporery real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a temporary certificate of oxu- n or certrficete of oxupancy in order to allow effective sales ct dwelling units on-site. on 5. if any part, section, subsection, sentence, cause or phrase of this ordinartc® is for any reason held to be invalid, such decision shaA not effect the section, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsectlons, sentences, clauses or phrases be declared invalid. Sektlon b. The Vail Town CouncH hereby finds, determines and declares that this ordir~nce is necessary and proper for the heath, safety and welfare of the Town of Vaii and the inhabitants thereof. The Council's finding, determination and d~laretion is based upon the review of the criteda prescribed by the Town Code of Vail and the evidence and testimony presented in insideretion of this ordinance:' Seetlon 7. The amendment of arty provision of the Town Code of Vail as provided in this ordinance shall not affect arty right which has axrued, any duty im- posed, any violatbn that oxurred Drio~ to the effective date hereof, arty prosecutlon commenced, nor any other action or ,,.,,,,.,~.rng as commenced under or by wrtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded un- less axpreesly stated herein. Sectlon 8. AN bylaws, orders, resolutions and ordinances, or parts thereof, ininsistent herewith are repealed to the eMent onty of such ininsistency. This repealer shall not be construed to revise arty bylaw, order, resolution or ordinance, or Dart thereof. the, n:..:,.. ~ reoealed.