HomeMy WebLinkAbout2011-08PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and
affirm that I published in full a true and correct copy of Ordinance No. 8 Series of
2011, on the Town of Vail's web site, www.vailciov.com, on the 5th day of
December, 2012.
my hand and seal this �� � day of
;;amm ag'el� ••9f
Town of Vai uty Clerk
Clo
�ORAOO�
ORDINANCE NO. 8
SERIES OF 2011
AN ORDINANCE AMENDING ORDINANCE NO. 5, SERIES OF 20081
CASCADE VILLAGE, TO REMOVE DEVELOPMENT AREA D FROM
SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE,
PURSUANT TO SECTION 12-9A-10 OF THE VAIL TOWN CODE,
SUBJECT TO CERTAIN CONDITIONS, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major
amendments to previously approved development plans for Special Development
Districts;
WHEREAS, Ordinance No. 5, Series of 1976 adopted Special Development
District No. 4, Cascade Village ("SDD No. 4");
WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation
for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use
Plan;
WHEREAS, Resolution No. 26, Series of 2008 adopted site specific
recommendations for Development Area D within the Lionshead Redevelopment Master
Plan;
WHEREAS, the proposed Ever Vail Subdivision will incorporate Development
Area D;
WHEREAS, on January 24, 2011, after a properly noticed public hearing, the
Town of Vail Planning and Environmental Commission recommended approval of the
amendments to SDD No. 4;
WHEREAS, the removal of Development Area D from SDD No. 4 cannot take
effect until the Frontage Road is relocated and the Final Plat for the Ever Vail
Subdivision is approved by the Town Council, signed by all required parties and
properly recorded with the Eagle County Clerk and Recorder;
WHEREAS, the Town Council is willing to provide the applicant with time to
relocate the Frontage Road;
WHEREAS, the applicant and the Town have discussed the timing of the
Frontage Road relocation, and the Town Council finds and determines that eight years
is sufficient time to relocate the Frontage Road; and
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WHEREAS, the Town Council finds and determines that, should the Frontage
Road not be relocated by December 31, 2020, the removal of Development Area D from
SDD No. 4 shall not take effect.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Findings. Pursuant to Section 12-9A-10 of the Vail Town Code and
based on the evidence and testimony presented in consideration of this ordinance, the
Vail Town Council (the "Town Council") hereby finds and determines as follows:
a. The approval procedures described in Section 12-9A of the Vail Town Code
have been fulfilled;
b. The proposed amendment to SDD No. 4 meets the Town's development
objectives as identified in the Vail Comprehensive Plan;
C. SDD No. 4 should be amended to achieve compliance with the Lionshead
Redevelopment Master Plan;
d. The proposed amendment to SDD No. 4 complies with the nine design
criteria outlined in Section 12-9A-8 of the Vail Town Code;
e. The proposed amendment to SDD No. 4 is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas;
f. The proposed amendment to SDD No. 4 promotes 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
g. It is in the best interest of the public health, safety, and welfare to amend
SDD No. 4 to remove Development Area D, so that Development Area D can become a
part of the Ever Vail Subdivision when that subdivision is created.
Section 2. Amendment. Subject to Section 3 hereof, Ordinance No. 5, Series of
2008, is hereby amended to remove Development Area D from SDD No. 4. All provisions
of SDD No. 4 not expressly amended in this Ordinance shall remain in full force and
effect. Specifically, SDD No. 4 shall be amended to read as follows (deletions are shown
in stpike through/additions are shown in bold):
Established
A. Special Development District No. 4 is established for the development
on a parcel of land comprising 97.955 96.155 acres and Special
Development District No. 4 and the 97 959 96.155 acres may be referred to
as "SDD No. 4."
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B. The district shall consist of four separate development areas, as
identified in this ordinance consisting of the following approximate sizes:
Area Known As
Cascade Village
Coldstream Condominiums
Glen Lyon Primary/Secondary
and Single Family Lots
Tract K
Dedicated Open Space
Roads
TOTAL
Development Area Acreage
A 17.955
B 4.000
C 9.100
V 1.999
E 8.322
32.078
Development Plan--Required--Approval Procedure
4.700
97.955 96.155
Each development area with the exception of Development Areas A and D
shall be subject to a single development plan. Development Area A shall
be allowed to have two development plans for the Cascade Club site as
approved by the Town Council. The Waterford and Cornerstone sites
shall be allowed one development plan each. DeyelepMeRt ego, D 0wll
be allowed to develop peF the appFe-ved 3 Flwia is appFeved by the
A development plan for Development Area E shall be
established through the review and approval of a design review application
and/or conditional use permit application. The developer shall have the
right to proceed with the development plans or scenarios as defined in the
development statistics section of this ordinance. Amendments to SDD No.
4 shall comply with Section 12-9A, Vail Town Code.
Permitted Uses
D. GIeR Lyon
1. Pvand pF9fe6ri9RaI GffiGes;
7 C yee dwelling as d nerd in C +' n 7_1
m l��-a..elt�,y--��.efin�,-�„�es�+e„—'I=-r3of the MuRiGipal
Code.
D. Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Conditional Uses
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122.
D. Area E, Tract K
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
Accessory Uses
1. YV ,
Code.
with the�nrnvi6inn6 of Title 12 7nninn Rena ilatinn6 Vail Tnwn
Code.
1. 11*R9F aFGade.
Density --Dwelling Units,
Density --Floor Area
o A���GleR LYOR (;r)mm ial Site. The development nlaR fnr this
Commercial Square Footage
air hcc
req uiremente
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Development Plans
Site specific development plans are approved for Area A. and °m.-,yea-;T
The development plans for Area A are comprised of those plans submitted
by Vail Ventures, Ltd. and other developers. The slevelepn;ent Flcr/s feF
c plant rk
The following documents comprise the
development plan for the SDD as a whole, Waterford, Cornerstone,
Cascade Club Addition Scenario 1 and 2, and Millrace IV., and Area D
Glen I pion (-nmmeroial Cite aped i� not all innli icive
development p!cn fer thic crew
has eked. See -Q. dFraarsee--Nt\ 9,
FeqwiFeFneRts-
Development Standards
The development standards set out herein are approved by the Town
Council. These standards shall be incorporated into the approved
development plan pertinent to each development area to protect the
integrity of the development of SDD No. 4. They are minimum
development standards and shall apply unless more restrictive standards
are incorporated in the approved development plan which is adopted by
the Town Council.
Setbacks
Height
E. AFeaD. GleRLYGR CommeFGial Site. 51 % of the roof shall have a
height hehyeen 32 aR d 40 feet 49% of the rnnf are« chO hcVere as heigh
URder32 feet. OR perimeteF of the building far Ar+a D, height is
•
aFea of any buildiRg, height is measuFed fFGM eXiSt"Rg grade up to the
highest point of the roof.
t plan dfawir43c ehO sonstitute the
Site Coverage
Afee P: 1`194nefe then 270
Landscaping
At least the following percentages of the total development area shall be
landscaped as provided in the development plan. This shall include
retention of natural landscape, if appropriate. Areas A and B, fifty percent
(50%), and in Areas C and-D, sixty percent (60%), of the area shall be
landscaped unless otherwise indicated on the site specific development
plans.
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Parking and Loading
D. Area n Glen Lyon GommeFGial Site
to AFea chcll Le meneged—per the Tne Parking Re r4+ PaFkinn
August
and TDA
+ ,
Update, dated jaRuaFy +
written by neyid 1 ea#�y.-
2.
rl
right of way aIGRg th c0h Fr
deg ie l o
Z. The cnt chcll prohibit
semi tr+'+,nl nrl tr;+il� ff tr,-rk tmn to the CZIPP 1 YGR GOMMersial bite.
aniy-tFUGk iead* {S the, Chall�allowed to the site shall hey2nc I'tf.:�+n�a
maximum length of 22 feet �1�
Recreation Amenities Tax Assessed
The recreational amenities tax due for the development within SDD No. 4
under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents
per square foot of GRFA in Development Area B; and at a rate not to
exceed fifteen cents per square foot of GRFA in Development Area C; and
DevelopmeRt—AFea--D; and shall be paid in conjunction with each
construction phase prior to the issuance of building permits.
Conservation and Pollution Controls
G. In Afec n c m.nh
se thct the
4�,4zc l., t
,OGesc rl�-tempematurti- viers . it ehall be the bFeweFy GWReF!6
4-.G. All trash compactors and trash storage areas shall be completely
enclosed within Special Development District 4.
J-H. Protective measures shall be used during construction to prevent
soil erosion into Gore Creek, particularly when construction occurs in
Areas A aad-B.
K. Th E ►:nitc in Afcc D chill anl}-be allewed to
have gas f;r plaGes that the Tnwn of Vail nrrliRaRGes noyerninn
firen
Additional Amenities and Approval Agreements for Special Development
District No. 4.
C. AFea D, QeR LYOR GernmeFGial Site.
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The development p!Gn for —this area has expired. See -Ordinance-Pico--8-,
Employee Housing
The development of SDD No. 4 will have impacts on available employee
housing within the Upper Eagle Valley area. In order to help meet this
additional employee housing need, the developer(s) of Areas A aad-D
shall provide employee housing. in Ace C,
For the
Westhaven Condominiums site, the employee housing requirement shall
be met as set forth in Condition 3 herein. The developer(s) of Area A shall
build a minimum of 3 employee dwelling units within the Cornerstone
Building and 2 within the Liftside (Waterford Building). Each employee
unit in the Cornerstone Building shall have a minimum square footage of
600 square feet. There shall be a total of 2 employee dwelling units in the
Waterford Building. One shall be a minimum of 300 square feet and the
other a minimum of 800 square feet. The developer of the Westhaven
Condominiums building shall provide 4,400 square feet of employee
housing pursuant to the terms of an agreement reached with the Town of
Vail as described in Condition 3.
The developer of Area L- chcll k.' iilr) 2 employee dwelling i init6 in the Area
empleyee-dwellmgunit shall have GRFA of 795 6quaFe feet
hell hcw
900 square feet. The GRFA and number of employee units shall not be
counted toward allowable density or GRFA for SDD No. 4. All Employee
Housing Units shall be deed restricted per Chapter 12.13, as amended, of
the Vail Town Code prior to issuance of building permits for the respective
project.
In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II,
Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning
Regulations of at least 500 sq. ft. each, on each lot. These lots shall not
be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be
included in the allowable GRFA on these lots. Each lot shall also be
entitled to 300 sq. ft. of garage area credit for the employee housing unit,
in addition to the 600 sq. ft. garage area credit allowed per residence. The
driveway width of 12 is allowed to remain (no increase in driveway width is
required) for all allowed/required dwelling units and employee housing
units on these lots.
Section 3. Condition Precedent and Expiration. The amendment set forth in
Section 2 hereof shall take effect on the date that the Final Plat for the Ever Vail
Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk
and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been
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properly recorded by December 31, 2020, the amendment set forth in Section 2 hereof
shall not take effect.
Section 4. Severability. 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. Effect. The amendment of any provision of the Vail 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 6. Repealer. 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 4th day of December, 2012, and
a public hearing for second reading of this Ordinance set for the 18th day of December,
2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Andy P. Daly, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of December, 2012.
ATTEST:
Lorelei Donaldson, Town Clerk
Andy P. Daly, Mayor
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