HomeMy WebLinkAboutGLEN LYON TRACT K LEGAL-ft** K, 0l^ L4o^ S4liu;sior't
Bill Gibson - snowcat access road
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FIL E COPY
From: Bill Gibson
To: bkennedy@vailresorts.com
Date: LOl0Zl2O08 8:28 AM
Subject snowcataccessroad
Hey Bill,
I just wanted to send you a quick reminder that the deslgn revlew approval for the snowcat access road will be
o<piring on January 16, 2009. When do you anticipate construcdon of the road to begin? If construction does
not begin prior to the January o<pintion date, phase let me know and I will assist you with obtaining an
otension of the approvals.
Sincerely,
Bill
Bill Gibson, AICP
Town Planner
Town of Vail
pt 970479-2L73
f:97O479-2452
file://C:\Documents and Settings\Administrator\Local Settings\Temp\XPgrpwise\48E486... 10/02/2008
Deeign Review Bcard
ACTIOII FORf'l
Ihparunsnl of Communltf Derelapment
?5 gouth F ontags Raadr vatl, colorads 81657
teli970.479.2139 far:970.479.2'i5X
wEb: www.rallgoriomcfrfi*|rtlrB,ELlsrEF
Project Name:
Project Description:
TMCT'K SNOWCATACCESS DRBNumber: DRBO70711
LLIZI t7 l2OO7 Phone: 970-748{920
FINA APPROVAL FORA MINOR ALTEMTION FORTHE CONSTRUCNON OFTHE SNOWCAT
AccEssRoAD.PREVIoUSAPPRoVALDpIREDINJUNEoF20oT.DRB050249
Participants:
OWNER TOWN OFVAIL
C/O FINANCE DEPT
75 S FRONTAGE RD
VAIL
co 81557
1UL7l2OO7
APPUCANT MAURIETIO PTANNING GROUP,
PO BOX 1127
AVON
co 81620
License: C0fin01697
Project Address: 890 S FRONTAGE RD WESr VAIL Location:
890 S FRONTAGE RD W
Legal Description: Loh K Block Subdivision: GLEN LYON SUB'
ParcelNumber: 2103-121-0900-2
Comments:
BOARD/STAFF ACTION
Motion By:
Seoond By:
Vote:
CondiUons:
DUBOIS
GIUETTE
5-0{
Action: APPROVED
Dab of ApProval: 01/16/2008
Cond: 8
tpf.qlll' No changes to these plans may be made without Sre wdtten onsent of Town of
Vail stafr and/or the appropriate review ommittee(s).
Cond: 0
(pr_ln): DRB approrral does not onstitute a permit for building. Please consult with
iown bf vail Building personnel prlor to construction activities'
Cond:201
DRB approval shall not become valid for 20 days follorving the date of approval,
pursuint to the Vail Tolrn Code, Chapter 12-3-3: APPEALS'
Cond:202
lppr*"t of this project shall lapse and be@me void one (1) year following the date
oihnal approvut, unless a building permit is issued and onstrudion is @mmenced
and is diligently pursued toward completion.
Planner: Bill Gibson DRB Fee Paid: $25O.OO
Minor Exterior Alterations
-ffi Deparunent of Community Development
75 South Fronbge Road, vail, Crlorado 81657
tel: 970.479,2128 td{'. 970,479.2452
web: www,vallgov.com
Descr|pdonoftteRequestconacfuct'ionoft'he6nowcataccegsroad.
exDlred in .tune 0?' (sEE DRB05-02491
Application for Design Review
Gcneral fnionnaton:
lfipooJ*11r ,.qulrtng deslgn reutew must recelve appro,al prlor to $ibmitting a building permit appllcation.
-Please'nA; 6gp srimf6at reqilrcments for the pardqrhr approval hat ls requested. An applicadon for Design Revlew
cannA Ue acepEd unui all requlrett tnfomnauon ts receVeO by the Community Development DePartment. The
irohd ;tat6 need to be re,rieweO by the Town Councll and/or the Plannlng and Envlronmenhl Commlsslon.
ffi-6; ;i"*r;pt-r.flip""s untess a building permft is lssued and construction commences wldtln
one year of the aPPrural.
location of the ProPosal: Lot:Block- Subdivision:Tracc K, GIen LYon
Phy*cal Address:
Parcel No.;210312109002 (Contact Eagle Co. Assessor at 970'328-8640 for parcel no.)
\v
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6)o
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\
\
Zonlng:
]{ame(s) of Owner(s):Town of vail
Malllng Address:?5 S. Frontage Road vail, Co 8165 ?
Phone:
Own€(e) Signaturc(s):
ilame of Applacant!vail ReaorEs, represenled by Mauriello Planning Group
Malllng Addrcss:PO Box 1127
Avon, CO 8162 0 Phone. 9?0-?48-0e20
E-malf Addrees: al-Iison@mpgMail 'com 1611 970'748-0377
Ilpe of Revlew and Fee:
tr Slgns
tr Conaeptual Revlew
tr New c'onsbuctonE Addluon
E Minor Altenuon
(muld-famlly/commerclal)
MiJlor Alteratlon
(dngFfamry/duplex)
Chang6 to Apprwed Plans
Sepantlon Request
$s0
No Fee
$6s0
$300
$2s0
$20
Plui $1.00 per square foot of total sign area'
For construcdon of a nev, bullding or demo/
For an addltlon wherc square footage is added
commercial bullding (irrcludes 250 addltions &
For mlnor changes to buildlngs and slte
rerooflng, painung, window additions,
retaining walls, etc.
For minor changes to buildlngs and site
re-roollng, palnung, wlndo, addiuons,landscaplrE, fences
tr
tr
r€talning walls, eb.
$20 For revis,lons to plans already approved by Plannlng Staff or the
De$gn Review Board'
No Fee
EcE0vtrlil
;"ffi!N.?zoor lllj
o. fences ald 'J
TOWN OF VAIL
a+fl**********tt***********++tif+f***++****f****i*'t********+*l**************t+**********t***
TOWN OF VAIL, COLORADO Statement
+*++**+*+++++*+****'3 ************++ +*f *+*+t******* ******l.t*** *******+f **f *.1*.{. {.:r ** * r. *{.** ******
Staternent Nuriber: RO7OOO2726 Anount: $250.00 I2/a7/2OO7O2:L2 pV!
Palment Method: Check Init: iIS
NOtAIiON: 13 72 /MAI]RIEIJIJO
PIJA}TNING
Permit No: DR8070711 T14>e: DRB-Minor AIt, Comn/Mu1ti
Parcel No: 2lO3-L2].-0900-2
Site Address 3 890 S FRoNTAGE R! WEST VAIIJ
Irocation: 890 S FROI'iI:TAGE RD W
Total Fees: $250.00
This Payment 3 $250.00 Total AI,I, Pmts: $250.00
BalErnce: $0.00
3++**+***t*ii*t++++++**t****t***t********************+++++**********++t*********+*++++++++t+
ACCOTJNT ITEM LIST:
Account Code Description Current Pmts
DR OO1OOOO3I1.22OO DESIGN REVIEW FEES 2s0.00
f/l{
maurl.llo Pl.nnlng Group
Town of Vail Planning Commission DecembereT, zooT
C/O BillGibson
Town of Vail
75 South Frontage Road
Vail, CO 81557
RE: Conditional Use Permit and Wall Height Variance Request for Snowcat Access Road, located
at Tract K, Glen Lyon Subdivision
Dear Planning Commission,
In June of zoo5, the Town of Vail approved a wall height variance for the snowcat access road,
located on Tract K, Glen Lyon Subdivision, This proPerty is owned by the Town of Vail' Approvals
for variances are valid for z years from the date of approval by the Planning Commission.
Unfortunately, the approvals for the access road have since expired, due to lengthy negotiations with
Cascade Village neighbors. As a result, we are submitting this application to allow Vail Resorts to
construct thii road. In addition, since that time, the Town approved an amendment to Special
Development District No. 4, Cascade Village. This amendment allows for access roads to be
reviewed as a conditional use permit. At this time we are requesting a conditional use permit and
wall height variance for the proposed access road.
There are no changes to the design of the access road from the previous approval (DRBoS-ozq9).
We are submitting the following materials:
r. Written description of the variance and conditional use permit
z. Civil Plans prepared by Alpine Engineering
3. Revised Landscape Plan prepared by Landworks
4. Application Form
5. Adjacent Property Owners list and envelopes
6. Filing Fee for applications (s5oo for variance and s65o for CUP = $rr5o)
Should you have any questions, please do not hesitate to contact me at 97o'748.o92o or
Allison@mpgvail.com
Sincerely,
//IT. Tfllf ' lt rllllltb Kl,tr_(-- ' \
Allison Kent, AICP
Mauriello Planning GrouP
Planning and Enyironmental Gommisson
ACTION FORH
Dspartmgnt of f.pmmunlty Davelepnsr*
75 Souttr Frontage noad, tlil, Colorads 81657
td: 970.479.X119 fa* 970.479.2{52
web; rw.vallgw.com
Proiect Nams TMCT'K cLJP
Project Descriptson:
FINAL APPROVAL FOR A CONCITIONAL USE PERMIT FOR SNOWCAT ACCESS
Participants:
OWNER TOWN OF VAIL
C/O RNANCE DEPT
75 S FRONIAGE RD
VAIL
co 815s7
APPUCANT MAURIELLO PI-ANNING GRoUP, LLLZI L7 l2OO7 Phone: 970-748-0920
PO BOX 1127
AVON
co 81620
License: C000001697
Prcject Address: 890 S FRONTAGE RD WEST VAIL Locauon: 890 S FRONTAGE RD W
Legal Descripuon: Lot: K Block Subdivision: GLEN LYoN sUB.
Parcel Number! 2103-121-0900-2
Comments: see PEC07-0080
PEG Number: PEC070079
BOARD/STAFF ACTION
Motion By: KJESBO
Second By: VIELE
Vote 6-0-0
CondiUons:
Action: APPROVED
Date of Apprcval: O1ll4l2008
Cond:8
(P|-AN): No changes to these plans may be made without the written onsent of Town of
Vail staff and/or the appropriate review committee(s).
C,ond:300
PEC approval shall not be not become valid for 20 days following the date of
approval.
C.ond: CON0009698
This conditional use permit request approval shall be @ntingent upon the applicant
obtaining Town of Vail approval of the associated design review application.
Cond: CON0009699
The applicant shall properly maintain the limits of disturbance fencing and erosion
control methods throughout the construction of this proposal. Any modification to
the locaUon or configuration of the limits of disturbance area shall require review
and approval by the Planning and Environmental Commission and the Design Review
Board.
Cond: CONq)09700
Prior to the issuance of grading permits, the applicant shall:
a. execute an easement agreement (or such other agreement deemed appropriate by the
Town Attorney) with the Town of Vail for the use of Town propefi; and,
b. shall prepare a construction staging plan for review and approval by the Town of
Vail; and,
c. shall survey and then install all limits of disturbance fencing and all erosion
mntrol methods for review and approval by the Town of Vail.
Planner: Bill Gibson PEC Fee Paid: $650.00
,^. Variance Application for Review by the
f{-|l) Planning and Environmental Commission
W.t Depafinent of communlty Developmentrum{trf,{[,tz " tigif.l35,l"J'#'bffl?3do
€16s7
u,eb: www.vailgov.com
Geneml lnlormadon:
ni;t"ie.tt ;aqulrlng phnning and Erwlronmental Commlsslon review must receive approval prior to $JbmltUrE a
;;,6;i;*mt aeplfotion. Fbase refer to fre submlttal requirements for the partlcular approval that ls requested.
nn apdiiadon foi'ptanning and Envtronmental Commission revlew cannot be accepted until all required informafion
fi reirifveO by he Communlty Da/elopment Department, The project may also need to be reviet/ved by the To,n
Council an4or the Design Revlew Board.
fYpe ofAppllcatlon and Fee:
ts Condiuonal Use Permit $650tr Floodplah ModlflcatJ,on $400tr Mlnor Exterior Alterabon $650D Major Ederior Alteration $800E Derrelopment Plan $1500tr Amendment to a Development Plan $250tr ZonirE Code Amendment $1300
€tF-- L{5e+
tr Slgn Variance $200
DeSCfipUOn Ofthe ReqUeSh condit,ional UEe PermiE .and wall helqht variance for
anowcat acce66' PrevlouB approvals exDired ,tune 2005.
locadon of the Ploposal: Loe-Block;- Subdivision: rracc r, clen l'von
Physlcal Addrcss:
Parc! ilo.:210312109002 (@ntact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Zonlng: specLal Development Digcrlcg No. 4
llame(s)of Owner(s)! rown or vail
Malllng Addt€ss: ?s s. FronLaqe Road vail, co 816s?
Owner(s) Slgnaturc(s):
ilame otApPllcantl
Malllng Address:
Avon, co 81520 Phone:
E-mailAddfeCS: ar1 ieonomp,g\rail -com
-t)
s
D!oo
{\o
tr Rezonlng $1300tr lvlajor SnbdMdon $1500E tlinor SubdMdon $550tr Exemptlon Plat $650tr MlnorAmendr€nttoanSDD $1000tr l,tew Spedal Development District $6000tr ltlaFr &nendment to an SDD $6000tr MdorAmendmentbansDD $1250
(o exMor ndiftcatlons)
F:\cde$FORMS\Pemlts\Plannlng\PECvariancol 0'1 8-2006.d0c gfu{'v ozsB 1t1t6
***************a****l+**f+fl*************************+**************i++f+++*+***+*+*tt*****l
TOWNOFVAIL, COLORADO State.metrt**************i*****a***+++++++++*++++++++++++++************tr**lt************t+t+****+++++++
Statement Number: RO7OOO2724 Amount: $550.00 t2/L7/2OO7O2:02 pM
. Palment Method: Check hit: aIS
Notation: 13?2/MAURIELLO
PLANNING GROUP
Permit No: PEC070079 T:fpe: PEC - Conditional UBe
Parcel No: 2t0t-072-7600-L
Site Addrees: 845 FOREST RD VAIL
IJOC TiON: 890 S FRONTAGE RD W
Total Feea: $650.00
This Payment: $650.00 Total AlIr Pmta: S550.00
Balance: $0.00
ACCOTJNT ITEM LIST:
Account Code Des cript i on Current Pmts
PV OO1OOO031125OO PEC APPLICATION FEES 650. 00
arx|'nrg6rHa.t
Planning and Environmental Commisaon
ACTIOI{ FORtrl
Depaftment d Conmunlty Dgvploprnettt
75 Sou$r Frontage Rsad, Wll, colorado 81557
tel: 970.479.2139 far: 970.479.2.152
wgb: ffi,v"llgc.com
Proiect Name: TRACT'K VARIANCE
Prciect Description:
RNAL APPROVAL FOR A VARIANCE FOR SNOWCAT ACCESS RETAINING WALL HEIGHTS
Pa*icipants:
OWNER TOWN OF VAIL
C/O RNANCE DEPT
75 S FRONTAGE RD
VAIL
co 81657
APPUCANT MAURIELLO PI-ANNING GROUP, LLI2I 17 l2OO7 Phone: 970-748-0920
PO BOX 1127
AVON
co 81620
License: C000001697
Project Address: 890 S FRONTAGE RD WEST VAIL Location: 890 S FRONTAGE RD W
Legal Descripton: Lot: K Block Subdivision: GLEN LYON SUB.
Parcel Number: 2103-121-0900-2
Comments: seePEC0T-0079
BOARD/STAFF ACTION
PEC Number: PEC070080
Motion By: KJESBO
Second By: VIELE
Vote: 6-0-0
Gonditions:
Action: APPROVED
Dab of Approval: 01/1412008
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:300
PEC approval shall not be not beome valid for 20 days following the date of
approval.
Cond: CON0009701
This variance request approval shall be contingent upon the applicant obtainlng Town
of Vail approval of the associated design review application.
Cond: CON0009702
The applicant shall properly maintain the limlts of disturbance fencing and erosion
control methods throughout the construction of this proposal. Any modification to
the location or configuration of the limits of disturban@ area shall require review
and approval by the Planning and Environmental Commission and the Design Review
Board.
Cond: CON0009703
Prior to the issuance of grading permits, the applicant shall:
a. execute an easement agreement (or such other agreement deemed appropriate by the
Town Attorney) with the Town of Vail for the use of Town propefi; and,
b. shall prepare a construction staging plan for review and approval by the Town of
Vail; and,
c. shall survey and then install all limits of disturbance fencing and all erosion
control methods for review and approval by the Town of Vail
Planner: Bill Gibson PEC Fee Paid: $500.00
-.d
sovI
0pc
v
tr Rezonlng $1300
O Majorsribdvslon $1500tr Mtior subdMdon $659tr ExcmDthn Plat $650b PttnoifmenOmentbanSDD $1000
tr Na{Sp€dalDevelopmentoisttlct $6000tr Malor i\mendment to an sDD $6000tr M.iorAnendment to sn SDD $1250
(m atertu modlllcatbns)
sffitr Mlnor Bftedor Alterationtr Major E<terior Alteratlontr Development Plan
tr Amendhent to a Der\relopment Plan
tr Zonlng @de Amendment
El Variancetr Sign varlance
Variance Application for Review by the
Planning and Environmental Commission
tocadon of thc Proposal: Lot:-Block:- Subdivlslon: rracs K' Glen Lvoo
Phyglcal Addrcss:
Parcel l{o:21031210e0-0-2- (Contact Eagle Co' Assessor at 970-328'8640 for parcel no')
zonlng: gp€clal DeveloFmcnt D16Crlct No' rl -
llame(r)of Oruner(s): To!"t! of vait
Malllng Addrccc: ?s s. r'ronsaqe Road vall' co 816s7'
Owner(c) Slgnatutc(3):
tlame of Appllcant:
trlalllngAddrccs: Po Box 112?
Avon, co 8162 o Phoncl
E-malt Addtts:
Deoarfient of @mmuntty Development
zs Souttr Frontase Road, Vail, Colorado 81657' - -
trjt: gtO.Clg'2128 fax: 970'479'2452
!veb: www.vallgw'com
Gencral Infonnaton:
A||pnfectsrcqu|t|ngP|ann|ngandE]M'onmenb|comm|sslonrg/|eivmustGce|veapprova|pr|ortocrbm|Hnga
buldhg permtt lpplf..Uott. pr*i. tef"i to Ut suOmma reqrfremenb fior tfie partlcular aPiPval that ls rcquested'
An appllcathn tbr Plannhg ono
"grivftonminAt
Commtssion rivtew cannot be accepted until all requlred Inbrma66n
ts receired by 61e @mmunlty r;;dil;;i p6;tu1rent. rne prolect may also need to be rer/lewed bv the Town
Cruncil an4or th€ Deslgn Ra,ie$, Board'
fYpc ofApptlca$on and Fee:
'fa€o'-
$400
$5s0
$800
$1500
i2s0
$1300
$s00
$200
De6cflp6on O,tth€ RGqUesU condicional use Pcrmit and wall heiqhc variance for
:-5-e nl
-rr\r-1'6 in\lL= u " \l\\\t\l
T'H0$1 \UlU
Pag€ | ofo
,l'
F:tcdcrrlFORMSlPemtlb\Planning\PECV8dancEi 0-1 8-2006 d0c
PQlsq- sZsR
l******+***************t+t*****++*++*****++++++*+++t*ttt++a+*+++++++++++++++*tt*tit+*f+++t++
TOWNOFVAIL, COLORADO Starement******f****l**+*******t******t**********+***f*******f*tt,rf***+***********r***++*+a**********
Statement Nunber: F.O7OOO2725 Amount: $500.00 L2/L7/2OO7O2:05 pM
Palment Method: Check Init: iIS
Notation: 13 72 /IiIAI'RIEIJIJO
PI,ANNING GROUP
Permit No: P8C070080 Type: PEC - Variance
Parcel No: 2101-072-1500-1
Site Addreaa: 845 FOREST RD VAIIr
Irocation: 890 S F RONTAGE RD V{
Total Fee6: $500.00
This Pa)ment: $500.00 Total AIJr Pmta: $500.00
Balance: $0.00
ACCOIJNT ITEM LIST:
Account Code Description Cuffent Pmts
PV OOlOOOO3l125OO PEC APPLICATION FEES 500.00
FILE
MEMORANDUM
Planning and Environmental Commission
Community Development Department
January 14,2008
A request for final review of a variance from Chapter 14-6, Grading
Standards, Vail Town Code, pursuant to Chapter 12-17, Yariances, Vail
Town Code, to allow for retaining walls in exc€ss of six (6) feet in height,
and a request for final review of a conditional use permit pursuant to
Chapter 16, Gonditional Use Permits, Vail Town Code, located at Tract K,
Glen Lyon Subdivision and Unplatted Parcels, a more complete metes
and bounds description is available at the Community Development
Department, to allow for a new snowcat access road and setting forth
details in regard thereto. (PEC07-0080)
Applicant: Vail Resorts Development, represented by Mauriello Planning
Group LLC
Planner: Bill Gibson
coPy
TO:
FROM:
DATE:
SUBJECT:
SUMMARY
The applicant, Vail Resort Development, is requesting a final review of a variance
from Chapter 14-6, Grading Standards, Vail Town Code, pursuant to Chapter 12-
17, Variances, Vail Town Code, to allow for retaining walls in excess of six (6)
feet in height, and a request for final review of a conditional use permit pursuant
to Chapter 16, Conditional Use Permits, Vail Town Code, located at Tract K,
Glen Lyon Subdivision and Unplatted Parcel to facilitate the construction of a
new snowcat access road generally located south of the Eagle River Water and
Sanitation District (ERWSD) water treatment facility and the former Vail Amoco
sites (846 West Forest Road and 934 South Frontage Road) to the Cascade
Village trail (formerly Westin-Ho trail).
Based upon Staffs review of the criteria in Section Vlll of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of both the variance and conditional
use permit requests, subject to the findings and conditions noted in Section lX of
this memorandum.
DESCRIPTION OF REQUEST
The applicant is proposing to construct a snowcat access road generally located
south of the ERWSD facilities and former Vail Amoco/BP sites (846 West Forest
Road and 934 South Frontage Road). This proposal will facilitate the re.routing of
Vail Resorts' winter mountain maintenance traffic from West Forest Road to this
new access road. This access route will start from the western driveway of the
Vail Resorts maintenance facility, cross South Frontage Road and continue south
along the western ERWSD property line, bridge across Gore Creek, continue
.,t
southwest across Town of Vail owned Tract K, and connect to the Cascade
(formerly Westin-Ho) trail. A portion of the access road and bridge intersection is
located on an unplatted Town of Vail owned parcel located directly east of Tract
K.
The proposed access road will be a 25-foot wide gravel road surface. Due to the
steepness of slopes on Tract K, the proposed access road will have finished
grades as steep as 19.32o/o and will require the construction of both cut and fill
retaining walls. The applicant is proposing to construct both the cut and fill
retaining walls with a Keystone Retaining Wall System. At their tallest points, the
redesigned cut walls will still be approximately 15.6 feet in height and the fill walls
will be 15.7 feet in height. These proposed retaining wall heights exceed the 6-
foot height maximum allowed by Chapter 14-6, Vail Town Code.
The applicant has designed the proposed snowcat access road to be integrated
into the future 'Ever Vail' development project in West Lionshead. As part of this
future development project, the ski mountain maintenance facility will be
relocated to the south side of the South Frontage Road directly adjacent to the
snowcat access road bridge. A new gondola lift is planned to be constructed on
top of the new maintenance facility.
A vicinity map (Attachment A), the applicant's statement of request (Attachment
B), and architectural plans (Attachment C) have been attached for reference.
BACKGROUND
On July 15,2003, the Vail Town Council granted Vail Resorts permission to
proceed through the Town's development review process for the proposed
snowcat access route across Town of Vail owned property.
On December 8, 2003, the Planning and Environmental Commission approved a
Vail Resorts' application for the Forest Place Subdivision located at 615 West
Forest Road. A condition of this approval was that Vail Resorts discontinue the
use of West Forest Road for snowcat access between its maintenance facilities
located along South Frontage Road and the ski mountain.
On March 8,2004, the Planning and Environmental Commission approved, with
conditions, a similar retaining wall height variance request for the proposed
snowcat access road.
On March 17, 2004, the Design Review Board directed Staff to administratively
approve the design review application associated with the proposed snowcat
access route.
On July 12, 2004, the Planning and Environmental Commission reviewed a
request for an amendment to Special Development District (SDD) #4, Cascade
Village, to create a new "development area' for Tract K (i.e. location of the
proposed snowcat ac@ss route). The purpose of this request was to address
ambiguities in the existing SDD #4 regulations to facilitate the construction of the
snowcat access route. The Planning and Environmental Commission forwarded
a recommendation of approval to the Town Council.
ri
:l
1il.
tv.
On August 4,2004, the Town Council approved the first reading of the ordinance
for the proposed amendments to SDD #4, with the condition that the applicant,
Vail Resorts, resolve any outstanding legal issues related to the private
Protective Covenants of Glen Lyon Subdivision prior to the second reading of the
ordinance.
On June 13, 2005, the Planning and Environmental Commission approved a
revised variance request for the proposed snowcat access route to address the
concerns of the neighboring Glen Lyon Subdivision property owners. Pursuant to
Sectfon 12-17-7, Permit Approval and Effect, this approval was valid for a period
of two years and therefore has since expired.
After many months of negotiation, the applicant, the neighboring property
owners, and the Town of Vail amended the private Protective Covenants of Glen
Lyon Subdivision to facilitate the construction of this proposed snowcat access.
On May 15,2OO7, the Vail Town Council adopted an ordinance amending
Special Development District #4 to allow the proposed snowcat access as a
conditional use on Tract K.
ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design
review application will be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-17,Yariances, Vail Town Code.
Design Review Board;
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval
with modifications, or denial of any accompanying design review application.
Town Gouncil:
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
APPLTCABLE PLANNTNG DOqUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to
the review of this proposal:
TITLE 1 2: ZONING REGULATIONS
v.
Article 12-88: Outdoor Recreation District
12-88-1: PTJRPQSE:
The outdoor recreation district is intended to preserue undeveloped or
open space lands from intensive development while permitting outdoor
recreational activities that provide oppoftunities for active and passive
recreation areas, facilities and uses.
1 2-88-3: CONDITIONAL USES:
The following conditional uses sha// be permifted, subiect to issuance of a
conditional use permit in accordance with the provisions of Chapter 16 of
this title:
Accessory buildings (permanent and temporary) and uses customarily
incidental and accessory to permifted or conditional outdoor recreational
uses, and necessary for the operation thereof, including restrooms,
drinking fountains, bleachers, concessions, storage buildings, and similar
uses.
Cemeteries.
Equestrian trails, used only to access national forest system lands.
Public parks and active public outdoor recreation areas and uses,
excluding buildings.
Public utility and public servtbe uses.
Seasona/ use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
Chapter 16: Conditional Uses
1 2-1 6-1 : PURPOSE; LIMITATIONS:
ln order to provide the flexibility necessary to achieve the obiectives of
this title, specified uses are permifted in ceftain disfricfs subiect to the
granting of a conditional use permit. Because of their unusual or special
characteristics, conditional uses require review and evaluation so that
they may be located properly with respect to the purposes of fhis title and
with respect to their effects on sunounding properties. The review
process prescribed in this chapter is intended fo assure compatibility and
harmonious development between conditional uses and surrounding
propefties and the town at large. Uses /isted as conditional uses in the
vaious disfrlcts may be permifted subject to such conditions and
Iimitations as the town may prescribe to ensure that the location and
operation of the conditional uses will be in accordance with development
objectives of the town and will not be detrimental to other uses or
properties. Where conditions cannot be devised to achieve these
objectives, applications for conditional use permits shall be denied.
1 2- 1 6-6: CRITERIA; F/ND/NGS:
A. Factors Enumerated: Before acting on a conditional use permit
application, the planning and environmental commission shall consider
the following factors with respect to the proposed use;
1. Relationship and impact of the use on development objectives of the
town.
2. Effect of the use on light and air, distribution of population,
transpoftation facilities, utilities, schoo/s, parks and recreation facilities,
and other public facilities and public facilities needs.
3. Effect upon traffic, with pafticular reference to congestion, automotive
and pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the sfreefs and paking areas.
4. Effect upon the character of the area in which the proposed use rs fo
be locaied, including the scale and bulk of the proposed use in relation to
surrounding uses.
5. Such other factors aN criteria as the commisstbn deerns applicable to
the proposed use.
6. The environmental impact repoft concerning the proposed use, if an
environmental impact repoft is required by Chapter 12 of this title.
B. Necessary Findings: The planning and environmental commission
shall make the following findings before granting a conditional use permit:
1. That the proposed location of the use is in accordance with the
purposes of this title and the purposes of the zone district in which the site
is located.
2. That the proposed l1cation of the use and the conditions under which it
would be operated or maintained will not be detrimental to the public
health, safety, or welfare, or materially injurious to propefties or
improvements in the vicinity.
3. That the proposed use will comply with each of the applicable
provisions of this title.
Chapter 1 2-1 7: Variances
12-17-1: Purpose:
A. Reasons for Seeking Variance: ln order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with
the objectives of this title as would result from strict or literal interpretation
and enforcement, variances from ceftain regulations may be granted. A
practical difficulty or unnecessary physical hardship may result from the
size, shape, or dimensions of a slfe or the location of existing structures
thereon; from topographic or physical conditions on the site or in the
immediate vicinity; or from other physical limitations, street locations or
conditions in the immediate vicinity. Cosf or inconvenience to the
applicant of strict or literal compliance with a rcgulation shall not be a
reason for granting a variance.
12-17-6: Criteria and Findings:
A. Factors Enumerated: Before acting on a variance application, the
planning and environmental commission shall consider the following
factors with respect to the requested vaiance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among slfes rn the vicinity, or to
aftain the objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transpoftation and traffic facilities, public facilities and utilities,
and public safety.
4. Such other factors and criteria as the commlsslon deems applicable to
the proposed variance.
8. Necessary Findings: The planning and environmental commission
shall make the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other propefties classified in
the same zone district.
2. That the granting of the vaiance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properlies or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following
reasons.'
a. The strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of this title.
b. There are exceptional or extraordinary circumstances or conditions
applicable to the site of the variance that do not apply generally to other
propefties in the same zone district.
c. The strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the
owners of other propefties in the same zone district.
TITLE 14: DEVELOPMENT STANDARDS HANDBOOK
Chapter 14-6: Grading Standards
Secfion 14-&7: Retaining Walls:
A. General: All retaining walls are reviewed by the design review board or
the administrator to determine compatibility to the existing topography
and the mateials in use. Retaining walls shall not exceed an exposed
face height of six feet (6). Within a front setback, retaining walls shall
not exceed an exposed face height of three feet (3'), unless related to
access to a structure constructed on excessrve s/opes (in excess of 30
percent). Retaining walls associated with a street located within a public
right of way or access to an underground covered parking structure are
exempt from these height limits, but must be approved by the design
review board.
Retaining walls shall be located a minimum of two feet (2') from adiacent
private prcpefty boundaies and should be ten feet (10) from the edge of
a puhlic streef unless otherwise approved by the town engineer.
All retaining walls over four feet (4') in height, measured from the bottom
of a footing to the top of wall as per the adopted town of Vail building
code, shall be engineered and stamped by a licensed Colorado
professional engineer (PE stamp) except in the right of way, where
retaining walls over three feet (3') in height, measured in the same
manner, shall require a PE stamP.
Atl retaining walls requiring a PE stamp shall be required to have
submifted and approved, pior to building permit release, engineered
stamped plans, profile,q sectrbnq details, and engineering analyses and
calculations for each wall type as required by the town engineer. At a
minimum, unless otherwise directed, the engineering submittal shall
include PE stamped plans, and PE stamped typical details with all
engineering design parameters and calculated factor of safety provided
on the details. Plans and details shall be cross referenced.
B. Boulder Retaining Walls: Boulder retaining walls shall comply with all
the standards of subsection A of this section. The height listed for
retaining wal/s ls the exposed height of either a single or combined height
of combination walls. lf the batter (slope of the face of the wall) is greater
than one to one (1:1), a PE stamp is required.
C. Combination Retaining Walls: A retaining wall should be considered a
combination walt if the upper wall falls within a prism defined as starting
one foot (1') behind the face of the lower wall at the lowest finished grade
line and then back at a 1.5:1 angle from this stafting point' The minimum
bench of combination retaining walls shall be four feet (4'). All
combination retaining walls shall have a PE stamp.
SPECIAL DEVELOPMENT DISTRICT (SDD) #4, CASCADE VILLAGE
Development Plan - Required -Approval Procedure
Each development area with the exception of Development Areas A and
D shatt 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 Watertod and Comerstone slfes
shal! be allowed one development plan each. Development Area D shall
be allowed to develop per the approved phasing p/ans as approved by
the Town Council. A development plan for Development Area E shall
be estabtished through the review and approval ol a design review
application and/or conditional use permit application. The developer
shall have the ight to proceed with the development plans or scenarios
as defined in the development statistics sectlbn of this ordinance.
Amendments
Conditional Uses
Conditional uses sha// be reviewed per the procedures as outlined in Chapter 12'
16 of the Town of Vail Zoning Regulations.
E. 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. Snowm aking facilities.
7. Other uses customarily incidental and accessory to permifted and
conditionaluses and necessary for the operation thereof, with the
exception of buildings.
LIONSHEAD REDEVELOPMENT MASTER PLAN
4.6.5 Forest Road
The primary goat for Forest Road is to maintain and enhance its residential
character by mitigating present or future uses fhaf would detract frcm this
character. Specific recommendations are as follows:
4.6.5.1 Mountain Servlce Access /ssues
Forest Road cunently plays an importartt role in mountain seruice access,
both during the summer and winter. lt was made clear during the public
input phase of the master plan process that the adjacent propefty owners
a;e aeepty concerned about the winter activity of snowcats on Forest
Road and would tike fo see this operation removed. while mountain
access must be provided lor, the removal of this winter trattic from
Forest Road should he a priority for the Town of Vail and Vail
Associates.
A potentiat solution is to bridge Gore Creek iust west of the old
Town shops and construct a road that connects to ffe existing
"Cascade Ho" ski trail. Previous sfudies have shown that a connecting
road across the forested slope could have serious visual impacts because
of the extreme cross-s/ope gradient and resultant cut and fill
requirements. /f is a/so likely that the cascade village propefty owners
would resist this aftemative. lf this approach is fo be implemented, visual
mitigation of the new connecting road must be an impoftant
consideration.
VI. SITE ANALYSIS
Legal Description:
Zoning:
Legal Description:
Zoning:
Land Use Plan Designation: Open Space
Current Land Use: UndeveloPed
Unplatted
Outdoor Recreation District
Tract K, Glen Lyon Subdivision
SDD #4, Cascade Village
Land Use Plan Designation: Open Space
Current Land Use; UndeveloPed
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Gore Creek Natural Area Preservation District
ERWSDFacility GeneralUseDistrict
South: US Forest Service Eagle County
East: Residential Two-Family Primary/secondary lesidentialDistrict
West Residential Two-Family Primary/Secondary Residential District
VIII. REVIEW CRITERIA
Conditional Use Permit the review criteria for a variance request are
estab|ishedbyChapterl2-16'Gonditiona|Uses,Vai|Towncode.
1. Relationship and impact of the use on development objectives ot
the town.
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionsheac
ieOevetopment Master'Plan recommends (in pafi "Wllile- mountain
access miust be provided for, the removal of this winter traffic from Forest
Road should be a piority for the Town of vail and vail Associates...A
potentiat solution is-to bridge Gore creek iusf wesf of the old Town shops
'and construct a road that connects to the existing 'cascade Ho' ski trail."
Therefore, staff believes this proposal is both consistent with, and
furthers, the development objectives of the Town
2. Effect of the use on light and air, distribution of population,
transportation facilities, utilities, schools, parks and recreation
facilities, and other public facilities and public facilities needs.
The proposed access road has been design to avoid any conflicts with
the use of the Gore creek stream tract, the existing bike path, the Eagle
River water and sanitation District facilities, and the existing ski mountain
trails. Therefore, staff does not believe this proposal will have a
significant negative affect upon this criterion.
3. Effect upon traffic, with particular reference to congestion,
automotive and pedestrian safety and convenience, traffic flow and
control, access, maneuverability, and removal of snow from the
streets and parking areas.
This proposal will remove the ski area's winter mountain service traffic
from West Forest Road consistent with the recommendations of the
Lionshead Redevelopment Master Plan. Staff believes this will improve
the congestion, both autotmotive and pedestrian safety, traffic flow,
access, and snow removal.
4. Effect upon the character of the area in which the proposed use is
to be located, including the scale and bulk of the proposed use in
relation to surrounding uses.
This proposal will remove the ski area's winter mountain service traffic
from West Forest Road, which Staff believes will enhance the residential
character of the neighborhood as recommended the Lionshead
Redevelopment Master Plan.
Additionally, the applicant has designed the proposed snowcat access
road to be integrated into the future 'Ever Vail' development project in
West Lionshead. As part of this future development project, the ski
mountain maintenance facility will be relocated to the south side of the
South Frontage Road directly adjacent to the snowcat access roac
bridge. A new gondola lift is planned to be constructed on top of the new
maintenance facility.
5. Such other factors and criteria as the commission deems
applicable to the proposed use.
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionshead
Redevelopment Master Plan recommends (in patt) 'While mountain
access must be provided for, the removal of this winter traffic from Forest
Road shoutd be a priority for the Town of Vail and Val Assoct,afes'..A
potential solution is to bridge Gore Creek iusf west of the old Town shops
and construct a road that connects to the existing 'Cascade Ho' ski trail."
On March 8,2004, and June 13,2005, the Planning and Environmental
Commission approved similar retaining wall height variance requests to
facilitate construction of the proposed snowcat access road. Pursuant to
Section 12-17-7, Permit Approval and Effect, these approvals were only
valid for a period of two years and therefore have expired.
The applicant negotiat'ed with the neighboring property owners for many
months to create an access road design solution that would be
acceptable to the neighbors. In cooperation and agreement with the
neighboring property owners, the applicant then amended the private
covenants on Tract K to allow for the construction of the proposed
snowcat access road. On May 15, 2007, the Vail Town Council adopted
l0
an ordinance amending Special Development District #4 to facilitate the
construction of the proposed snowcat access road.
6. The environmental impact report concerning the proposed use, if
an environmental impact report is required by Ghapter 12 of this
title.
An environthental impact report concerning the proposed use is not
required by Chapter 12-12,Yail Town Code.
Variance: the review criteria for a variance request are established by
Chapter 12-17,Yafiances, Vail Town Gode.
1. The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff does not believe the granting of this variance will have significant
negative impacts to existing or potential uses and structures in the
vicinity. Similar retaining walls have previously been constructed in
association with other access projects such as the nearby pedestrian and
skier bridges. Due to the steepness of this site, the proposed additional
r.etaining wall height associated with this snowcat access road design will
reduce the amount of site disturbance to the hillside when compared to
designs using tiered walls in strict compliance with the wall height
requirements
The ERWSD has granted formal easements for permanent access across
its property between Vail Resort's maintenance facilities and the
proposed snowcat access road. Tract K and the unplatted parcel are
identified as "TOV Owned Lands/Open Space Use" by the Town of Vail
Comprehensive Open Lands Plan and no future development of these
sites is anticip.ated.
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionshead
Redevefopment Master Plan recommends (in parl) "While mountain
access must be provided for, the removal of this winter traffic from Forest
Road should be a priority for the Town of Vail and Vail Associates...A
potential solution is to bridge Gore Creek jusl wesf of the old Town shops
and construct a road that connects to the existing 'Cascade Ho' ski trail."
Additionally, the applicant has designed the proposed snowcat access
road to be integrated into the future 'Ever Vail' development project in
West Lionshead. As part of this future development project, the ski
mountain maintehance facility will be relocated to the south side of the
South Frontage Road directly adjacent to the snowcat access road
bridge. A new gondola lifi is planned to be constructed on top of the new
maintenance facility.
l1
2. The degree to which relief from the strict and literal interpretation
and enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity
or to attain the objectives of this title without a grant of special
privilege.
Staff believes this proposed variance request involves 'exceptions or
extraordinary circumstances or conditions applicable to the same site of
the variance that do not apply generally to other properties in the same
zone" as this proposal is associated with the construction of an access
road to the ski mountain and not the construction of a residential or
commercial development Project.
Pursuant to Chapter 14-6, Vail Town Code, the proposed retaining walls
may not exceed six feet (6') in height unless the proposed walls are
tocited within a street right-of-way. Within a street right-of-way, retaining
wall heights may exceed six feet (6') in height without a variance.
Examples of retaining walls greater than six feet (6') in height can be
found throughout the Town of Vail's right-of-ways. The proposed snowcat
access road will be located on Town of Vail owned property; however, it
will not be located within a designated street right-of-way, and will
therefore require a retaining wall height variance.
The applicant has explored design alternatives with retaining walls not
exceeding six feet (O') in height. The applicant has demonstrated that
due to the steepness of Tract K, in some locations along the snowcat
access road a series of tiered six foot walls may be feasible; however, the
use of a series of walls creates significantly more disturbance to the
existing hillside than a single cut and fill wall. The applicant has also
demonltrated that in some locations along the snowcat access route, six
foot (6') tiered retaining walls may require terracing the entire hillside. to
,catch grade.' Therefore, Staff believes the proposed additional retaining
wall height associated with this snowcat access road design will reduce
the amount of necessary site disturbance when compared to designs
using tiered walls in strict compliance with the wall height requirements.
3. The effect of the requested variance on light and air, distribution
of population, transportation and traffic facilities, public facilities
and utilities, and public lfetV.
staff believes the proposed retaining wall height variance will not have a
significant negative impact on the light and air, distribution of population,
priOlic facitities and utilities. Staff believes that the proposed re-routing of
Vail Resorts' snowcat access will have a positive affect on transportation,
traffic facilities, and public safety; since Vail Resort's maintenance vehicle
traffic will be no longer occur on a public street (i.e. west Forest Road)
through a residential neighborhood.
4- Such other factors and criteria as the commission deems
applicable to the proposed variance.
12
The Lionshead Redevelopment Master Plan specifically recommends the
construction of this proposal. Section 4.6.5, Forest Road, Lionshead
Redevelopment Master Plan recommends (in parl|While mountain
access must be provided for, the removal of this winter traffic from Forest
Road should be a prioriU for the Town of Vail and Vail Associates...A
potential solution is to bridge Gore Creek iust west of the old Town shops
and construct a road that connects to the existing'Cascade Ho' ski trail.".
On March 8,2004, and June 13, 2005, the Planning and Environmental
Commission approved a substantially similar variance request for the
proposed snowcat access route. Pursuant to Section 12-17-7, Permit
Approval and Effect, this approval is valid for a period of two years and
therefore has expired.
The applicant, in cooperation and agreement with the neighboring
property owners, has amended the private covenants on Tract K to allow
forthe construction ofthis snowcat access road.
STAFF RECOMMENDATION
VARIANCE
The Community Development Department recommends approval, with
conditions, of a variance from Chapter 14-6, Grading Standards, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for
retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon
Subdivision and Unplatted Parcels. This recommendation is based upon review
of the criteria outlined in Section Vlll of this memorandum, and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Envircnmental Commission approves, with conditions,
the applicanf's reguest for a variance from Chapter 14-6, Grading
Sfandardg Vail Town Code, pursuant to Chapter 12'17, Variances, Vail
Town Code, to allow for retaining walls in excess of six (6) feet in height,
located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, and
sefting forth details in regard thereto."
Should the Planning and Environmental Commission choose to approve this
variance request, the Gommunity Development Department recommends the
Commission imposes the following conditions as part of the motion:
"1 . This vaiance request approval shall be contingent upon the applicant
obtaining Town of Vail approval of the assocrated design review
application.
2. The applicant shall properly maintain the limits of disturbance fencing
and erosion control methods throughout the construction of this proposal.
l3
Any modification to the location or configuration of the limits of
disturbance area shatl require review and approval by the Planning and
Environmental Commission and the Design Review Board.
3. Prior to the issuance of grading permits, the applicant shall:
A. execute an easement agreement (or such other agreement
deemed appropriate by the Town Aftorney) with the Town of Vail
for the use of Town ProPertY; and,
B. shall prepare a construction staging plan for review and approval
by the Town of Vail; and,
C. shatl survey and then install all limits of disturbance fencing and all
erosion control methods for review and approval by the Town of
Vail."
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission makes the following findings as part of the motion:
,Based upon the review of the criteia outlined in section vlll of this staff
memorandum to the Planning and Environmental Commission dated
January 14, 2008, and the evidence and testimony presented, the
Planning and Environmental Commission ftnds;
1. The granting of this variance will not constitute a granting of special
privilege rnconsistent with the limitations on other properties classified in
Special Development Dlsfricfs or Outdoor Recreation'
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in
the vicinity.
3. This variance is warranted for the following reasons.'
a. The strict titeral interpretation or enforcement of the specified
regutation would result in practical difficulty or unnecessary physical
hardship inconsistent with the obiectives of Title 12' Zoning
Regulations, Vail Town Code.
b. There are exceptions or extraordinary circumstances or conditions
applicabte to the same site of the variance that do not apply generally
to other propefties in the same district.
c. The strict interpretation or enforcement of the specified regulation
would deprive the appticant of privileges enioyed by the owners of
other properties in the same district."
t4
CONDITIONAL USE PERMIT
The Community Development Department recommends approval, with
conditions, of a conditional use pursuant to chapter 12-16, Conditional Uses,
Vail Town Code, to allow for a snowcat access road/ski run, located at Tract K,
Glen Lyon Subdivision and Unplafted Parcels. This recommendation is based
upon tire review of the criteria in Section Vlll of this memorandum and the
evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this
conditional use permit request, the Community Development Department
recommends the Commission pass the following motion:
"The Planning and Environmental Commission apProves' with
conditions, a conditional use permit, pursuant to Chapter 12-16'
conditionat uses, to allow for a snowcat access road/ski run, located at
Tract K, Glen Lyon Subdivision and lJnplafted Parcels, and sefting forth
details in regard thereto."
Should the Planning and Environmental Commission choose to approve this
conditional use permit request, the community Development Department
recommends the Commission imposes the following conditions as part of the
motion:
'1. This conditional use permit request approval shall be contingent upon
the applicant obtaining Town of vail approval of the associated design
review application.
2. The appticant shatl property maintain the limits of disturbance fencing
and erosion control methods throughout the construction of this proposal.
Any modification to the location or configuration of tl9 limits of
disturbance area shall require review and approval by the Planning and
Environmenta! Commission and the Design Review Board.
3. Prior to the issuance of grading permits, the applicant shall:
execute an easement agreement (or such other agreement
deemed appropriate by the Town Aftomey) with the Town of Vail
forthe use ofTown propefty; and,
shall prepare a construction staging plan for review and approval
by the Town of Vail; and,
c. shall suruey and then instatl all limits of disturbance fencing and all
erosion colntrol methods for review and approval by the Town of
Vail'"
should the Planning and Environmental commission choose to approve, with
conditions, this conditional use permit request, the Department of Community
Development recommends the Commission makes the following findings as part
of the motion:
a.
b.
l5
"Based upon the review of the criteia outlined in Section Vlll of this Staff
memorandum to the Planning and Environmental Commission dated
January 14, 2008, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. The proposed conditional use is tn accordance with the purposes of
the Zoning Regulations and Special Development Distict tt4.
2. The proposed conditional use and the conditions under which it will be
operated or maintained are not detrimental to the public health, safety,
or welfare or materially iniurious to properties or improvements in the
vicinity.
3. The proposed conditional use complies with each of the applicable
provisions of Chapter 12-16, Conditional Use Permit, Vail Town Code,
as referenced by Section V of this January 14, 2008, Sfaff
memorandum to the Planning and Environmental Commission."
ATTACHMENTS
A. Vicinity Map
B. Applicant's Statement
C. Architectural Plans
D. Public Hearing Notice
l6
Attachment:
Attachment B
conditionat Use Permit and wall Height Variance Request
Snowcat Access Drive
I. BACKGROUND
Vail Resorts is proposing to construct a snowcat access road located on Tract K, Glen Lyon
Subdivision. the proposal will re-route mountain maintenance traffic from West Forest Road to this
new access drive. The process for approval of the access road is a conditional use permit, along with a
variancefor retaining wall height in excess of 6 ft.
A. Conditional Use
In July of zoo4, the planning and Environmental Commission forwarded a recommendation of
approval to the Town Council for a major amendment to SDD #4, which allowed "access
roads,, as a conditional use on Tract K; The Town Council approved the adopting ordinance in
August of zoo4, However, second reading was tabled due to continuing negotiations with
ad;icent property owners. In the Spring of zoo5, Vail Resorts withdrew the application for the
milor amend*"nt. Subt"quently, Vail Resorts submitted a new application to amend SDD
#4, again allowing for access roads as a conditional use on Tract K. The Planning and
Environmental Coitmission again forwarded a recommendation of approval, and on May r5,
zoo7, the Town Council approved Ordinance No. tt, Series of 2oo7 on second reading' No
conJitional use permit has been issued to date for the snowcat access road'
Variance
A wall height variance was originally granted by the Planning and Environmental Commission
in 2oo4,and again in June of zloo5 foirevisions to the plan that changed the wall heights. The
revisions *"r" dr" to continuing discussions with neighboring Property owners' The variance
expired due to the length of time it took to reach agreement with the neighboring owners'.ln
November of zooT,Va-il Resorts decided to further the landscaping design of the access walls,
at which point it was determined thatthe previously approved variances have since expired'
CRITERIA IN THE REVIEW OF A VARIANCE REOUE5T
The relationship of the requested variance to other existing or Potential uses and structures in the
vicinity.
OurAnalysis:
Due to the steepness of the site, a design with 6 ft. walls would require three walls on the
upper side of the access drive and two w;lls on the lower side of the access drive' This would
be'much more physically and visually impactful than the proposed design. The proposed
design includes'z of *"11, (on" on the uphill side and one at the downhill side) with a
maximum wall height of r5.z ft. in height'
The degree to which relief from the strict or literal interPretation and enforcement of a speafied
regulaion is necessary to achieve comPatibility and uniformity of treatment among sites in the
vilantty, or to attain tie obiectives of this title without grant of special privilege'
2
B.
il.
A.
B.
ilt.
A.
OurAnalysis:
ifrGin-"rs of the site, along with the necessary width of the road to facilitate snowcat
access have driven the jesign-of the access road. Retaining walls in excess of 6 ft' are
.o*ron throughout the Toin, specifically in regards to road construction in the right-of-
r"V. Wftif" thii is not located in a road right-of-way, it is a similar situation and therefore is
not a grant of sPecial Privilege.
In addition, this variance has been granted in the past - once in zoolfor the original variance
request, and again in zoo5 for amindments to the walls. This indicates that the PEC has
specificatty fou-nd that this variance is warranted and meets the criteria and findings for a
vlriance. Unfortunately, due to discussions with adjacent Property owners, the process took
longerthan anticipated and the variance approval has lapsed'
The effeA of the requested variance on tight and air, distribution of population, transportation
and tiaffc facitities, public facilities and utilities, and public safety'
OurAnalysis:
Tl* pr"p"*d heights of the retaining wall will not have a negative impact on light and air,
distribution of population, transportation and traffic facilities, public facilities and utilities, and
prUfii rrf.ay. in iact, the proposal allows for the removal of maintenance vehicle traffic in a
residential neighborhood, and will actually have a positive impact on the Town.
CR|TER|A|NTHEREV|EWoFAcoND|T|oNALUSEPERM|TREoUEST
Relationship and impact of the use on development objectives of the town'
OurAnalysis:
The Town has identified a goal of removing snowcat access from west Forest Road in the
Lionshead Redevelopment
-Master Plan. The approval of this conditional use permit will
further the development objectives of the Town'
'The
Lionshead Redevelopment Master Plan
specifically contemplates the proposed access road, stating (+'6'S'r)
Mountain Service Access Issues
iorest Road cunently plays an impoftant role in mountain service access, both during the summer
andwinter. lt was made clear during the public input phases of the master plan process that the
adjdcent property owners are deep$ concemed ahout the winter activity of snowcats on Forest
Road and would like to see tiis opeiation removed. While mountain access must be provided Jor',
the removal of tnis winter lriff[ from Forest Road shovld be a pdority for the Town of Vail and
Vail Associates.
A potential solution is to bridge Gore Creek i:rst:ve:t of the old .Town shops and.construct a road
that connects to tne existiigtornoa, Ho ski trail' Preiious studies have shown that a conneding
ioia-iiri, tn, forested stipe could have serious visua! impacts because of the extteme cross-slop
gradient and resultant cut ind fill requirements- lt is also likely that the Cas .ca( Village property
ownen would resist this oti"iotur.' tf this approach is to bi implemented, visual mitigation of
the new connecting road must be an important consideration'
B. Effea of the use on light and air, distribution of populatiory transportation facilities, utilities,
schools, parks and recreation facilities, and other public facilities and public facilities needs,
OurAnalvsis:
The proposed access drive will not have a negative impact on light and air, distribution of
population, transportation and traffic facilities, public facilities and utilities, and public safety.
In fact, the proposal allows for the removal of maintenance vehicle traffic in a residential
neighborhood, and will actually have a positive impact on the Town.
C. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and
convenience, traffic flow and control, eccess, maneuverability, and removal of snow from the
streets and parking areas.
OurAnalysis:
The proposed access drive will improve the flow of traffic within in the Town of Vail, by
removing mountain maintenance traffic from West Forest Road. This will be an improvement
to automotive and pedestrian traffic and safety in the neighborhood.
D. ffiA upon the character of the area in which the proposed use is to be located, including the
scale and bulk of the proposed use in relation to surrounding uses.
OurAnalysis:
Because the proposed use is an access road, there really is no scale or bulk of the proposed
use. lmpacts to nearby propefties have been reduced to the extent possible and the road will
be heavily landscaped to screen it.
IV. ADJACENTPROPERryOWNERS
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TOWN OFVAIL
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VAfL,CO8r657 TS5FORESTRD
VAIL, CO Sory
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Attachment D
THIS ITEM MAY AFFECT YOUR PROPERW
PUBLIC NOTICE
NOTICE lS 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 January 14, 2008, 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, to allow for Special
Business Promotion Permits, and setting forth details in regard thereto. (PEC07-0073)
Applicant: Town of VailPlanner: Rachel Friede
A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-
7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapters
12-23, C,ommercial Linkage and 12-24, Inclusionary Zoning, Vail Town Council, to
establish standards and criteria related to mitigating employee housing requirements,
and sefting forth details in regard thereto. (PEC07-0075)
Applicant Town of VailPlanner: Nina Timm and Bill Gibson
A request for a final review of variances from Section 12-7H-10, Setbacks, and Section
12-7H-14, Site Coverage, Vail Town Code, pursuant to Chapter 12-17, Yanances, to
allow for a stair and an underground parking garage vehicle ramp within the setbacks,
and deviations from the maximum site coverage requirements, located at 610 West
Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth details in
regard there to. (PEC07-0077)
Applicant Landmark Condominium Association, represented by Fritzlen Pierce
ArchitectsPlanner: Bill Gibson
A request for a final review of variance from Section 12-6C-9, Site Coverage, Vail Town
Code, pursuant to Chapter 12-17, Variances, to allow for additional site coverage to
facilitate construction of a detached garage structure, located at 3140 Booth Falls
CourULot 5, Block 2, Vail Village 12h Filing, and setting forth details in regard thereto.
(PEC07-0078)
Applicant:
Planner:
John Canon and Betty Vickers, represented by John Perkins
Nicole Peterson
A request for a final review of an exterior alteration, pursuant to Section 12-78-7,
Exterior Alterations or Modifications, Vail Town Code, to allow for the redevelopment of
the Rucksack Condominium BuiHing and the Scott Building, located at 288 Bridge
Street, part of Lot C and Lot D, Block 5A, VailMllage Filing 1. (PEC07-0076)
Applicant Jeffery B. Selby, represented by Jay PetersonPlanner: Scot Hunn
A request for final review of a variance from Chapter 146, Grading Standards, Vail
Town Code, pursuant to Chapter '12-17, Vartances, Vail Town Code, to allow for
retaining walls in excess of six (6) feet in height, and a request for final review of a
conditional use permit pursuant to Chapter 16, Conditional Use Permits, Vail Town
Code, located at Tract K, Glen Lyon Subdivision and Unplafted Parcels, a more
complete metes and bounds description is available at the Community Development
Department and sefting forth details in regard thereto. (PEC07-0080)
Applicant Vail Resorts Development, represented by Mauriello Planning Group LLCPlanner: 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.
Pfease 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 lmpaired, for information.
Pubf ished December 28, 2007 , in the Vail Daily.
{\dktr
talat'
co.ina$ltY OE\,lLttugr{t
Planning and Environmental Commisson
ACTIOII FOR}4
Departm€nt of Communlty D€velopment
75 South Frontage Road, Vail, Colorado 81557
tsl:970.479.2139 faxi970.479.2452
web: tYrvw.vailgov.cottt
Project Name:
Project DescriPtion:
SDD #4, CASCADE VILI.AGE PEC Number: PEC070017
RNAL APPROVAL FOR AN AMENDMENTTO SDD#4 TO DESIGNATE ALLOWED LAND USES ON
TMCT K
Pardcipants:
APPUCANT TOWNOFVAIL O3l 1912007 Phone: 970479-2100
75 S FRONTAGE RD
VAIL
co 81657
License: 463-8
OWNER TOWN OF VAIL
C/O FINANCE DEPT
75 S FRONTAGE RD
VAIL
co 81657
Project Address: 890 s FRoNTAGE RD WEST VAIL Locauon: 890 s FRoNTAGE RD W
Legal DescriPtion: Lot: K Block: Subdivision: GLEN LYON SUB'
Parcel Number: 2103-121-0900-2
Comments:
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Condltions:
K]ESBO
CLEVEI.AND
7-0
Action: APPROVED
Date of Approvalz Ml09l2O07
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 113
All development applications submitted to the Town after the effective date of
Ordinance 26, Series 2006 shall be subject to the pending employee housing
regulations in whatever form they are finally adopted; provided, however,.that if-
thi Town fails to adopt the pending employee housing regulations by April t5' 2OO7 '
this Ordinance shall not apply to such development applications'
Cond: CON0008834
A. The following uses shall be permitted in Development Area E (i.e. Tract K) of
Special Development Dlstrict #4, Cascade Village:
1. Bicycle and Pedestrian Paths.
2. Interprefive nature walks.
3. Nature preserves,
4. Passive outdoor recreation areas and open spaces.
B.The following conditional uses shall be allowed in Development Area E (i.e. Tract
K) of Special Development District #4, Cascade Village, subject to the issuance of a
conditional use Permit:
1, Public parK,
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 thereot with the exception of buildings.
Planner: Bill Gibson PEC Fee Paid: $1,250'00
Special Development District (SDD)
Application for Review by the
Planning and Environmental Commission
Depatrnent of Community Development
75 South Frontage Road, Vail, C-olondo 81657
teY 97O.479.2L28 fax: 970'479'2452
web: www.vailgov.com
General Information:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit application. Please refer to the submiftal requirements for the paticular approval that is requested'
An application for Planning and Environmental Commisdon review cannot be accepted until all required information
is reciived by the Community Development Depaftment. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type ofApplicaUon and Fee:
$6s0
$400
$6s0
$800
$1s00
$2s0
$1300
$s00
$200
-t)
$p
o
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Location of the : Lot:-Block:- Subdivision:
Physical Address:
O Conditional Use Permittr FloodplainModificationD Minor Exterior Alterationtr Major Exterior Alterauontr Development Plantr Amendment to a Development Plantr Zoning Code AmendmentE Variancetr Sign Variance
Rezoning
Major Subdivision
Minor SuMivision
Exemption Plat
Minor Amendment to an SDD
New Special Development District
Major Amendment to an SDD
Major Amendment to an SDD
(n o exterio r m od ifi a tion s)
$1300
$1s00
$6s0
$6s0
$1000
$6000
$6000
$12s0
parcet No.: Z lO t 6b t( OOo03(contact Eagle Co. Assessor at 970-328-8640 for parcel no.)
Name(s) of Owner(s):
Mailing
Owner(s) Signatur€(s):
Name of Applicant:\J \.^'
E-mail Address:
*++++f+***++***t****t+***+*l++++++**:l+*'i*********t++*+*++ff+f++**r*********++**'l+++f++++*t+*
Stat€mentTOWNOFVAIL, COIORADO
+********+***{'**f+**+**'}*'}***++laa*******a*+****+ttr**{,*+***aff********++'t'rr***t******tt+****
Stat,ement Number: R070000310 Amount.: 91,250.00 03/L9/200704:15 pM
Payment Method: Check Init: iISNotation: 7347 /B.;ATIrEIr &
PETERSON
Permit No: PEC0?0017 Type: PEC -Uaj SDD No Ext Chg
Parcel No: 2LOL-O72-L600-l
Site Address: 845 FOREST RD VAIIr
Location: 890 S FRONTAGE RD W
Total Fees: $1,250. O0
This Payment: S1,250.00 Total AJ.rLr Prnts: $1,250.00Balance: $0.00
ACCOI,JNT ITEM LIST:
Accorrnt Code Description
Pl/ OO1OOOO31125OO PEC APPTICATION FEES
Current Ptnta
1,250.00
Amendment to SDD l*4
The purpose of this Amendment to SDD #4 is to allow for the construction of a
snow cat accass route to Cascade Way. This application is the sarne as the previous
application which was passed by the Town Council on first reading and then tabled until
the Covenant Amendment was approved by 75o/o of the Owners in the Glen Lyon
Subdivision. (Such percentage based upon land ownership). The Amendment was later
withdrawn due to the time lapse between readings. The previous submittal
documentation and memos are still appropriate and relevant as this submittal is the same
except for a slight re-alignment ofthe access way as itjoins Cascade Way. The re-
alignment was at the request of various owners in Glen Lyon and results in less retaining
walls and a safer entrance onto Cascade Way. A new drawing is attached showing the
adjustrnent.
SDD #4 Amendment
Adjacent Property Owners List
March,2007
TOWNOFVAIL
75 SOUTH FRONTAGE ROAD
VAIL, CO 81657
l
VAIL CORP
PO BOX 7
VAIL, CO 81658
l
GLEN LYON OFFICE BUILDING
C/O ANDREW D. NORRIS
IOOO S FRONTAGE RD W STE 2OO
VAIL, CO 81657
l
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
24747 U, S. HIGHWAY 24
MINTURN, CO 81645
l
ROBERT J. ROSEN 2OO5 QPRT
NANCY FREEDMAN ROSEN 2006QPRT
ll27 LAY\E AVENUE
GREENWICH, CT 0683I
l
HAGOPIAN & PENNINGTON LLC
C/O BRENTWOOD ASSOCIATES
11I50 SANTA MONICA. CALIFORNIA 90025
THIS ITEM MAYAFFECTYOUR PROPERTY
PUBLIC NOTICE
NOTTCE lS HEREBY GIVEN that the Planning and Environmental commission of the
Town of Vail will hold a public hearing in accordance with section 1?-3f : vail Town
Code, on , April 9, 200?, at 1:00 pmin the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a major exterior alteration, pursuant to Section 12'7N12'
Exterior Alterations or Modifications, Vait Town Code, to allow for the addition of an entry
teature, located at 292 East Meadow Drive (Mountain Haus), part of Tract B, Vail Village
Filing 1 , and setting forth details in regard thereto' (PEC07-0012)
Applicant Vail Estates, represented by Paul Smith
Planner: Bill Gibson
A request for final review of the prescribed zoning regulations, pursuant to Section 12-3-
z, Amendment, Vail Town Code, to allow for modifications to Section 12-6A'9' Site
Cou"r"g", Vail Town Code, to increase allowable site mverage from 15% lo 20o/o,
Spraddie breek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road'
Lots 1-15, and setting forth details in regard thereto. (PEC07-0013)
nppfi."nti Sprad-ae Creek Estates Homeowners Association, represented by Dave
Kaselak of Zehren and Associates
Planner: Wanen CamPbell
A request for final review of an amended final plat, pursuant !9_ chapter 13-12'
Exemption plat Review Procedures, Vail Town Code, to allow for modifications to platted
gross residential floor area and site coverage limitations, located at 914 Spraddle Creek
Foad, Lots 1-15, Spraddle Creek Estates SulOivision, and setting forth details in regard
thereto. (PEC07-0014)
nppfi*.t, Spraddle Creek Estates Homeowners Association, represented by Dave
Kaselak of Zehren and Associates
Planner: Warren CamPbell
A request for a final review of an amended final plat, pursuant .to Chapter 13-12'
exembtion Plat Review Procedures, Vail Town Code, to amend the platted building
Jnu"fip" (Lot 1), within the Eleni Zniemer Subdivision located al1677 Buffehr Creek
Road/Lots'1, Eiini Zniemer Subdivision, and setting forth details in regard thereto'
(PECo7-0015)
Applicant: Doug Weltner
Planner: Wanen CamPbell
Page 1
A recommendation to the Vail Town Council of a major amendment to a Special ,rnil*
Development District (SDD), pursuant to Section 12-gA-10, Amendment Procedures, I',.-,tA, -
Vaif Town Code, to ailow for an amendment to Special Development District No. a, )ll'l- if
Cascadd Village, to allow for a new development area located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto. (PEC07-0017)
Applicant Vail Resorts, represented by Jay Peterson
Planners: 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.
Pf ease call 97 O-47 9-2 1 38 for add itional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing lmpaired, for information.
Pubfished March 23, 2007,in the VailDaily.
Page 2
MEMORANDUM
Town Council
Community Development Department
.^fffi:'
TO:
FROM:
DATE:
SUBJECT:
May 15,2007
Ordinance No. 11, Series of 2007, an ordinance amending Special
Development District #4, Cascade Village, to allow for the creation of
Development Area E, located at Tract K, Glen Lyon SuMivision, and
setting forth details in regard thereto.
Applicant: Vail Resorts, represented by Jay Peterson
Planner: BillGibson
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorls, represenled by Jay Pelerson, is requesting a major
amendment to Special Development District #4, Cascade Village, to allow for the
creation of Development Area E, located at Tract K, Glen Lyon Subdivision. The
applicant's primary purpose for this application is to designate Track K as a
separate development area to facilitate the construction of a new snowcat access
road generally located south of the Eagle River Water and Sanitation District and
the former gas station sites (846 West Forest Road and 934 South Frontage
Road) to the Cascade Way trail (formerly known as the Westin Ho trail).
BACKGROUND
On April 9, 2007, the Town of Vail Planning and Environmenlal Commission
voted 7-0 to forward a recommendation of approval for the proposed
amendments to Special Development District #4, Cascade Village. The
Commission's recommendation was based upon the review of the criteria noted
in the April 9, 2007, statf memorandum and the evidence and testimony
presented, with the findings noted in lhe same staff memorandum. A copy of the
Aprilg, 2007 staff memorandum has been attached for reference (Attachment A).
Ordinance No. 11, Series of 2007, has been attached for review (Attachment B).
This ordinance has been drafted to include the allowable and conditional land
uses for Development Area E as recommended by Staff and the PEC, and
agreed upon by the applicant.
On May 1 , 2ll7,the Town Council approved Ordinance No. 1 1, Series of 2007,
on first reading by a vote of 5-0-0.
CRITERIA FOR REVIEW
The criteria outlined in section Vl of the statf's April g,2OO7, memorandum to the
Planning and Environmental Commission shall be used as lhe principalcriteria in
evaluating the merits of the proposed special development district. lt shall be the
burden of the applicant to demonstrate that submittal material and the proposed
ilt.
lv.
development plan comply with each of the following slandards, or demonstrale
that one or more of them is not applicable, or that a practical solution consistent
with the public interest has been achieved.
STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
approves Ordinance No. 11, Serles of 2OO7, on second reading to amend
Special Development District #4, Cascade Village, to allow for the creation of
Development Area E, located at Tract K, Glen Lyon SuMivision. Staff's
recommendation is based upon the review of the criteria noted in the April 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. 11, Series of 2007,
on second reading, the Community Development Department recommends the
Town Council makes the following findings:
"The Town Council finds that the applicant has demonstrated to the
satisfaction of the Council, based upon the evidence and testimony
presented:
1. That the proposed major amendment complies with the standards
outlined in the design criteria of Section 12-9A-8, Vail Town Code, based
upon the review outlined in Section VI of the Staff's April 9, 2007,
memorandum to the Planning and Environmental Commission; and,
2. That the proposed major amendment is consistent with the adopted
goals, objectives and policies outlined in the Vailcomprehensive plan and
compatible with the development objectives of the Town, based upon the
review outlined in Section Vl of the Staff's April 9, 2007, memorandum to
the Planning and Environmental Commission; and;
3. That the proposed major amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas based upon the
review outlined in Section Vl of the Staff's April 9, 2007, memorandum to
the Planning and Environmental Commission; and,
4. That the proposed major amendment promotes the health, safety,
morals, and general welfare of the Town and promotes 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 Vl of the Staff's April 9, 2007, memorandum to
the Planning and Environmental Commission."
V. ATTACHMENTS
Attachment A: Staff memorandum to PEC dated April 9,2007
Attachment B: Ordinance No. 'l1, Series of 2007
TO:
FROM:
DATE:
SUBJECT;
Vail Town Council Attachment: A
Ptanning and Environm"ffi
Department of Community Development
April9,2007
A recommendation to the Vail Town Council of a major amendment to a Special
Development District (SDD), pursuantto Section 12-9A-10, Amendment Procedures,
Vail Town Code, to allow for an amendment to Special Development District No.4,
Cascade Village, to allow for a new development area located at Tract K, Glen Lyon
Subdivision, and setting forlh details in regard thereto.
Applicanf: Vail Resorts, represented by Jay PetersonPlanner: BillGibson
il.
SUMMARY
The applicant, Vail Resorts, represented byJay Peterson, is requesting afinal reviewof a major
amendment to Special Development District #4, Cascade Village (SDD #4), to allow for a new
development area located atTract K, Glen Lyon Subdivision. Based upon Staff's reviewof the
criteria in Section Vl of this memorandum and the evidence and testimony presented, the
Community Development Department recommends that the Plhnning and Environmental
Commission foruards a recommendation of approval, with conditlons, to the Vail Town
Council of the proposed major amendment to Special Development District #4, Cascade
Village.
DESCRIPTION OF THE REOUEST
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major
amendment to Special Development District #4, Cascade Village (SDD #4), to designate Tract
K, Glen Lyon Subdivision, as a new 'development area' (i.e. Development Area E) within SDD
#4. The primary purpose for lhis application is to designate Tract K as a separate development
area to facilitate the construction of a new snowcal access road generally located south of the
Eagle River Water and Sanitation District (ERWSD) and former gas station sites (846 West
Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the
Westin Ho trail).
Tract K is currently designated as part of the "Dedicated Open Space" area of SDD #4. The
provisions of SDD #4 have not, and do not, include any approved development plan nor any
established development paramelers for the Dedicated Open Space areas (including Tract K).
SDD #4 does not designate any permitted uses, conditional uses, or accessory uses for the
Dedicated Open Space. While the primary purpose for this application is to designate Tract K
as a separate development area to facilitaie the construction of a new snowcat access road,
another purpose for this proposed major amendment is to establish a list of allowable land uses
for Tract K.
The applicant's proposed permitted uses for Tract K are similar to those within the Open Space
and Rdcreation Districts established by Chapter 12-8, VailTown Code (e.9. Agriculture and
Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Sk'
Base Recreation 2 Districts). The applicant has proposed that the following land uses be
permitted within Developmenl Area E (i.e. Tract K):
1. Utility conidors and improvemenls
2. Mountain accessways, roads, bridges, retaining walls and related improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consislency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Code, Staff recommends the following uses be permitted on Tract K:
1. Bicycle and Pedestrian Paths.
2. InterPretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Also for consistency with the terminology of Chapter 1 2-2, Definitions, Vail Town Code, and for
consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Cod6, Staff also recommends the following conditional uses be allowed on Tract K,
subject lo the issuance of a conditional use permit:
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Skitrails.
6. Snowmaking facilities.
7. Other uses 6ustomarily incidental and accessory to permitted and conditional uses
and necessary for the operation thereof, with the exception of buildings.
A more complete description of the applicant's request (Attachment B) has been attached for
relerence.
ItI. BACKGROUND
The following is a brief summary of Tract K and SDD #4 history which is relevant to the
proposed major amendment:
r March 1 976: Ordinance 4 of 1976 - Town of Vail annexes "Lionsridge" area
. March 1976: Ordinance 5 of 1976 - SDD #4 established, Tract K is part ol
development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas
A,B,&C.
November 1977: Ordinance 28 ot 1977 - SDD #4 "Dedicated Open Space"
development area designation created; however, the properties in this area are not
identified.
April 1978: Glen Lyon covenant restrictions are adopted forTracts B, C, D, E' F' G'
H, J, K & "stream tract".
July 1978:Tract K is deeded from Gore Creek Associates to the Town of Vail.
August 1 983: conditional use permit approved 'to construct the Westin-Ho ski trail in
Special Development District #4".
June 1986: conditional use permit approved 'in order to construct a ski lift at
Cascade Village"
June and September 1987: Glen Lyon covenants amended to allow bridges' lifts'
mazes, trails, equipment, etc. for Tracts J, H, & "stream tracl".
December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with "ski
lift" conditional use allowed in areas A, B, & C.
July 12, 2004: Ptanning and Environmental Commisslon fonrards a
recbmmendation of approval to the Town Council for thismaior amendment
to a Speclal Development District (SDD) to allow for a new development area
located at Tract K.
. August 3, 2004: the Town Council adopted Ordinance 17, Series of 2004, on
tirsi reaAlnq for this maior amendment to a Special Development District
iSDDt to atlow for a new development area located at Tract K.
. Fall 2004 through Spring 2005: the Town Council tabled the ggdgdi4q ot
ordinance 17, series ol 2004, on muttlple occasions while vail Resorls
negotiated with the other SDD property owners to resolve the related prlvate
covenant issues.
. Spring 2005: Vall Resorts withdrew the application due to unresolved private
covenant negotiations.
The Design Review Board had previously reviewed and approved.the proposed sry]vcat
access ro-ad. The Planning and Environmental Commission and the Town Council have
previously approved a retaining wall height variance to facilitate the construction of the access
road.
tv.APPLICABLE PLANNING DOCUMENTS
TITLE 1 2: ZONING REGULATIONS
Article 12-9A: Special Development Districts (in part)
12-9A-1: PURPOSE:
The purpose of the speciat development district is to encourage flexibility and creativity
in the devetopment of land in order to promote its most appropriate use; to inpr.ove the
design charActer and quatity of the new development with the town; to facilitate the
adequate and economical provision of streets and utilities; to preserue the natural and
sceiic 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
estabtishthe requirementsfor guiding developmentand uses of propeny included in the
special development district. The special development district does not apply to and is
iot avaitabte in the fotlowing 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 afticle.
TOWN OF VAIL LANDUSE PLAN
Chapter Vl-2: Key Goals
D. Parks and Open SPace:
2)The preseruation of open spacewas determined to be a high priority.
The improvement of existing parks and open space areas, in @ncert
with continued purchase of open space by the Town of Vail were both
id e ntifi ed as Prio riti es.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open SPace:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category. Hillsides which were
ctassified as undevelopable due to high hazards and slopes over 40/" are also
included within this area. These hillside areas would still be allowed Wpes of
development permitted by existing zoning, such as one unit per 35 acres, for
areas-in agricultural zoning. Also, permifted in this area would be
i n stituti o n al/P ub I ic u se s.
TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN
Tract K is not addressed by the Comprehensive Open Lands Plan.
SITE ANALYSIS
Legal Description:
Zoning:
Lot K, Glen Lyon Subdivision
Special Development District #4
Land Use Plan Designation: Open Space
V.
Current Land Use:
Lot Size:
Open Space and the Cascade Way trail
362,518 sq. ft. (8.3223 acres)
4
B.
CRITERIA FOR REVIEW
A. Design compatibllity and sensitivity to the immediate environment, neighborhood
and adlacent properties relative to archltecturaldeslgn, scale, bulk, building helght,
buffer zones, identity, character, visual integrity and orientation.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Additionally, Statf believes the proposed snowcat access
road is a similar land use as the existing Cascade Way trail which was approved in 1983.
Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow
for the construction of buildings.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Desiln heview Board; therefore, Staff believes the proposed major amendment is
compatible and sensitive to the immediate environment, neighborhood and adjacent
properties.
Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Statf
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Additionally, Statf believes the proposed snowcat access
road is a similar land use as the existing Cascade Way trail which was approved in 1983;
therefore, Staff believes the proposed major amendment is compatible, efficient and
workable with the surrounding uses and activities.
Compliance with parking and loading requirements as outlined in Ghapter 12-10 of
the vail Town code.
Staff does not believe that this major amendment is affected by the parking or loading
requirements of Chapter 12-10, Vail Town Code. Therefore, Staff does not believe this
criterion is relevant to this application.
Conformlty with the appllcable elements of the Vail Gomprehensive Plan' Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during ihe review process for the establishment of a special development
district. Tract K is designated as "Open Space" by the Vail Land Use Plan. Staff has
reviewed the Vail Land Use Plan and believes the following policies are relevant to the
review of this proposal:
G.
D.
F.
Chapter Vl-2: Key Goals
D. Parks and Open Space:
2) The preservation of open space was determined to be a high priortty.
The improvement of existing parks and open space areas, in concert
with continued purchase of open space by the Town of Vail were both
identified as priorities.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open Space:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category. Hillsides which were
classified as undevelopable due to high hazards and slopes over 40%o are also
included within this area. These hillside areas would stillbe allowed types of
development permitted by existing zoning, such as one unit per 35 acres, for
areas in agricultural zoning. AIso, permitted in this area would be
institutio nal/publ ic u ses.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.9. Agriculture and Open Space, Ouldoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail
Land Use Plan.
ldentification and mitigation of natural and/or geologlc hazards that aftect the
property on which the special development distrlct is proposed.
According to the OfficialTown of Vail Geologic Hazard Maps, Development Area E (i.e.
Tract K) is not located in any geologically sensitive areas or within the 1 00-year floodplain.
Therefore, Staff does not believe this criterion is relevant to this application.
Slte plan, building deslgn and location and open space provisions designed to
produce a functlonal development responsive and sensitive to natural features,
vegetation and overall aesthetlc quality of the community.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.9. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Statf
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Therefore, staff believes the major amendment complies
with this criterion. Additionally, Statf believes the proposed snowcat access road is a
similar land use as the existing Cascade Way trail which was approved in 1983.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Design Review Board; therefore, Staff believes the proposed major amendment is
functional, responsive and sensitive lo natural features, vegetation and overall aesthetic
quality of the community.
A circulation system deslgned tor both vehicles and pedestrians addressing on
and off-site tratfic circulation.
The proposed major amendment will facilitate the construction of a new snowcat access
road. This proposal will remove Vail Resorts'winler mountain maintenance traffic from
public streets (i.e. West Forest Road). Staff believes this will have a positive affect on
traffic llows and tratfic safety. Additionally, the proposed major amendment will not
negatively impact use of the existing Cascade Way trail or the existing bike trail along
Gore Creek;therefore, Staff believes the proposed major amendment complies with this
criterion.
Functional and aesthetlc landscaping and open space in order to optimize and
preserve natural features, recreatlon, vlews and functions.
The proposed major amendment allows for uses within Development Area E (i.e. Tracl K)
which are consislent with uses allowed in the Town's Open Space and Recreation zone
districts (e.9. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recrealion, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Therefore, statf believes the major amendment complies
with this crilerion.
Phasing ptan or subdivision plan that will maintain a workable, functlonal and
eflicient relationship throughout the development of the special development
dlslrlct.
As there is no phasing or subdivision plan associated with the major amendment, Staff
does not believe this criterion is relevant to this application.
STAFF RECOMMENDATION
The Gommunity Development Department recommends that the Planning and Environmental
Commission forwards a recommendation of approval, with conditions, to the Vail Town
Council of the proposed major amendment to Special Development District #4, Cascade
Village. The Staff's recommendation of approval is based upon the review of the criteria
outlined in Section Vl of this memorandum and the evidence presented on this application
subject to the following finding:
"The Planning and Environmental Commission finds that the applicant has
demonstrated to the satisfaction of the Commission, based upon the evidence and
testimony presented:
1 . That the proposed major amendment complies with the standards outlined in the nine
design criteria of Section 12-gA-8, Vail Town Code, based upon the review outlined in
Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental
Commission; and,
2. That the proposed major amendment is consistent with the adopted goals, obiectives
and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town, based upon the review outlined in Section Vl of the
Staff's April 9, 2007, memorandum to the Planning and Environmental Commission;
and,; and,
3. That the proposed major amendmentis compatible with and suitable to adjacentuses
and appropriate for the sunounding areas based upon the review outlined in Section Vl
of the Staff's April g, 2A07, memorandum to the Planning and Environmental
Commission; and,; and,
4. That the proposed major amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserues 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 Vl of the Staff's April9,2007,
memorandum to the Planning and Environmental Commission.
Should the Planning and Environmental Commission choose to approve this major amendment
request, the Community Development Department recommends the following conditlons:
1. The following uses shall be permifted in Development Area E (i.e. Tract K) of
Special Development District #4, Cascade Village:
1. Bicycle and pedestrian Paths.
2. lnterpretive nature walks.
3. Nature Preserues.
4. Passive outdoor recreation areas and open spaces.
2. The following anditional uses shall be allowed in Development Area E (i.e. Tract K)
of Special Development District #4, Cascade Village, subject to the issuance of a
conditional use Permit:
1. Public pa*s.
2. Public utiliU and public seruice uses.
3. Access roads.
4. Skilifts and tows.
5. Skitrails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permifted and conditional
uses and necessary for the operation thereof, with the exception of buildings.
VIII. ATTACHMENTS
Attachment A: Vicinity Map
Attachment B: Applicant's request
Attachment C: Draft Ordinance No. 11, Series of 2007
Attachment D: Public Hearing Notice
Attachment:
Attachment B
Amendment to SDD #4
The purpose of this Amendment to SDD #4 is to allow for the constuction of a
snow cat access route to Cascade Way. This application is tle same as the previous
application which was passed by the Town Council on fust reading and then tabled until
the Covenant Amendment was approved by 75% of the Owners in the Glen Lyon
Subdivision. (Such percentage based upon land ownership). The Amendment was later
withdrawn due to the time lapse between readings' The previous submittal
documentation and memos are still appropriate and relevant as ttris submittal is the sarne
except for a slight re-alignment of the access way as it joins cascade way. The re-
alignment was at the request of various owners in Glen Lyon and results in less retaining
walls and a safer entrance onto Cascade Way. A new drawing is attached showing the
adjustment.
Attachmbnt B
PROPOSED AMEI\IDMENT TO
GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4
June 1,2004
PURPOSE OF' TIIIS AMENDMENT
This proposed ameirdment to SDD #4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Mainte,lrance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD #4. The purpose
of this SDD arnendment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROI'ND ON SDD #4
SDD fl4 was originally approved in 1976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mention ofthe SDD's underlying zone
distict. Typically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory nses that are allowed in the
SDD.
SDD #4 has been amended a number of times over the years- Amendments have
addressed a range of topics, primarily allowable uses, develoPment level and changes to
development areas.
When originally approved in 1976, SDD fl4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consiste,nt with Glen Lyon's existing
mixed-use character.
Inlg7l SDD #4 was amended to include the same fourDevelopment Areas (Areas A-D)
with the addition of a 40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated
Open Space". As indicated nthe 1977 arne,ndment, the total land area of the SDD was
approximately 92 acres.
SDD #4 was amended a number of times following the 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
TownofVail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowrnaking intake/vaul! water lines, bridge, retaining walls and laudscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two of the four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
In April of 2004 a lgg6letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review of a new
mountain access road that would be located in part over Tract K. The accessway location.
and design contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the :rccessway would require amendments to SDD #4.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalk" appear to be a pe.rmitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD *f4.
PROPOSEDAMENDMENTS
The following amendments and development approvals are proposed to SDD #4:
r Create a new development area - Development Area E, this area will consist of "Tract
K".. Establish allowable uses within Development Area E to include:
Permitted Uses
l. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
. Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract K it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for the bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEWCRITERIA
The following desip criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development distict. It shall be the burden of the applicant
to dennonstrate that submittal material and the proposed development plan comply with
each ofthe following standards, or dernonstrate that one or more of them is not
applicable, or that apractical solution consistent with the public interest has been
achieved:
A. Compatibility: Desip compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectual design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
Response
Numerous snowcat access alignments have been studied over the years. The
proposed route minimizes impacts ou the site aad imFacts to surrounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as a whole.
B. Relationship: Uses, activity and density which provide a compatible, efiicient and
workable relationship with sunounding uses and activity.
ResDonse
The limited uses proposed for Development Area E are consistent with Tract E
"opeir space dedication" desigtation, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Tifle.
ResDonse
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
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.
Response
A geotechnical analysis has been completed in conjunction with the design of the
snowcat access road.
F. Design Features: site plan, building desigr 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.
Response
The snowcat accessway has been designed in order to minimize both cuVfill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part ofthe bridge/snowcat accessway.
G. Traffic: A circulation system desigrred for both vehicles and pedestrians addressing on
and off-site traffic circulation.
Response
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction oftraffic on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
L Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district. (Ord. 2l(1988) $ l)
Respons€
Initiallyiroposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intake/vault, new snowmaking lines up Vail Mountain and anew bridge over
Gore Creek. Phase I would be done the surnmer/fall of 2004. Phase tr would
consist of the snowcat accessway up Vail Mormtain. The timing for completion
of Phase tr is to be determined. If the SDD amendmentprtrcess is resolved in a
timely manner the accessway could be constucted in 2004. As an alternative, it
is anticipated ttrat the aocessway would be constucted in 2005.
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ORDINANCE NO.11
Series ol2O07
AN ORDTNANCE AMENDING ORDINANCE NO. 11, SERIES OF 1999, SPECIAL
DEVELOPMENT DISTRICT NO.4, CASCADE VILLAGE, TO ALLOW FOR A NEW
DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION' AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the VailTown code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No. 4; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approval of this major amendment at its April 9,2007 public hearing,
and has submitted its recommendation to lhe Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend Special Development District No' 4.
Attachment G
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 11, Series of 1999, is hereby amended as follows:
(deletions are shown in elrike{hre{rCh/additions are shown in bold italics)
Established
A. Special Development District No. 4 is established for the development on a
parcel ol land comprising 97.955 acres as more particularly described in
the attached Exhibit A. Special Development District No.4 and the 97.955
acres may be referred to as "SDD No. 4".
B. The district shall consist of four separale development areas, as identified
in this ordinance consisting of the following approximate sizes:
Area Known As
Cascade Village
Coldstream Condominiums
Development Area
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
Tract K
Dedicated Open SPace
Roads
TOTAL
Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in strike+hreugre/additions are shown in bold itallcs)
Development Plan - Requhed - Approval Procedure
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. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan lor Development Area E shall be established through the review and
approvat of a design review applicatton and/or condltlonal 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 of the
MunicipalCode.
Section 3. Ordinance No. 28, Series ol 1998, is hereby amended as follows:
(deletions are shown in s{rike-{hreug$/additions are shown in bold itallcs)
Permifted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses lisled in section 12-
A
B
c
D
E 4&
%ee
Acreaoe
17.955
4.000
9.100
1.800
8.322
32.078
4.700
97.955
7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or
fu+
'street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor lwels besides first floor street level may include retail,
theater, restaurant, and office except that no professional or business office
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space haMng a maximum square footage of 925 square feet located on the
first floor on the northwesl corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling ;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 1 2-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium'
B. Area B, Coldstream Condominiums
1. Two{amily dwelling;
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1, Single family dwelling;
2. Two{amilydwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the
MunicipalGode.
D. Area D. Glen Lyon CommercialSite
1. Business and professional offices;
2. Employee dwelling as defined in Section 12'13 oI the Municipal Code.
Qpq*u
E- Area E, Tract K
1. Bicycle and pedestrian Paths.
2. lnterpretive nature walks.
3. Nature preserues.
4. Passlve outdoor recreation areas and open spaces'
Section 4. Ordinance No. 28, Serles of 1998, is hereby amended as follows:
(deletions are shown in etrike+hr+rug#/additions are shown in bold italics)
ConditionalUses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling unils in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or lransient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Specialattraction;
4. Skilifts;
5. Public park and recreationalfacilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
%,*e
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Skilifts.
C. Area C, Glen Lyon Primaryisecondary and Single-Family Lots
1. Public park and recreational facilities;
2. Ski lifts;
D. Arba D, Glen Lyon Commercial Site
1. Micro-brewery as defined in Town ot Vail Municipal code, Qhapter 12-2.
E. Ara;p E,Tract K
1. Public parks.
2. Public utllity and public seruice u*s-
3. Access roads.
4. Skl llfts and tows.
5.8k1trails.
6. Snowmaki ng f aci I ities.
7. Other uses customarily incidental and accessory to prmitted and
conditional u*s and necessary for the operation thereof, with the
exception of buildings.
Section 5. lf any part, seclion, 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 parls, sections'
subsections, senlences, clauses or phrases be declared invalid'
/\t' /-i\=*"n""4,Ah
Section 6. 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 7. 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 eflective date hereof, any prosecution @mmenced,
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, resolulions 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.
INTRODUGED, READ ON FIRST READING, APPROVED' AND
ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1"t day of May,
2007, and a public hearing for second reading of this Ordinance set for the 15h day of
May,2007, in the council chambers of the Vail Municipal Building, Vail, colorado.
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
.1..\I I t:,\'. -4 -.. Tr*/;"F' -,r-4J .xt'r\ h$
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
-
day ot -.-..........- 2007
Attest:
Rod Slifer, Mayor
Lorelei Donaldson, Town Clerk
Attachment D
. THIS ITEM MAY AFFECTYOUR PROPERW
PUBLIC NOTICE
NOTICE tS HEREBY GIVEN that the Planning and Environmental commission of the
Town of Vail will hotd a puotic nearing in accoidance with section 1?+:6., Vail Town
il;,;n, Apiil s, zoOi ;i 1:00 pm-in the Town of Vail Municipal Building' in
consideration of:
A request for a final review of a major exterior alteration, pursuant to Section 12'74-12'
Exterior Alterations or frfoOificaiion", V"it Town Code, to aliow for the addition of an entry
feature, located at zgz eait rrrt""oo* Drive (Mountain Haus), Part of Tract B' Vail Village
Fili;g i: anJ i"tting forth details in regard thereto' (PEC07-0012)
Appii""nt, VaiiEstates, represented by Paul Smith
Planner: Bill Gibson
A request for final review of the prescribed zoning regulations, Pursuant to section 12-3-
7, Amendment, Vail fo*n Cod", to allow for irodifications to Section 12-6A-9' Site
Coverage, Vail Town C"J", i"lit.rease allowable site coverage from 15% lo 2oo/o'
Spi"OOi" br""X estates iuUiivision, located at 914 through 1326 Spraddle Creek Road'
r_5t" i_r-s,
"nd
setting forth detaits in regard thereto. (pEc07-0013)
nppfi*ii, - -
Sprad-dte Creek Estrates Homeowners Association' represented by Dave
Kaselak of Zehren and Associates
Planner: Wanen CamPbell
Arequestforfina|reviewofanamendedfinalplat,pursuanttoChapter13-12'
Exemption plat Review Piocedures, Vail Town Code, to allow for modifications to plafted
gross residential floor rt""
"no "it"
coverage limitations, located at 914 Spraddle creek
Road, Lots t-ts, spraloi" Ct""i r"t"tes Subdivision, and setting forth details in regard
thereto. (PECO7-0014)
ilpprii""t', - bpraddft Creek Estates Homeowners Association, represented by Dave
Kaselak of Zehren and Associates
Plannen Wanen CamPbell
A request for a final review of an amended final ptat, pursuant..to chapter 13-12'
Exemption Plat Review Procedures, Vail Town cod'e, to amend the plafted building
envelope (Lot 1), witnin ine Aeni Ziti"m"r Subdivision located at 1677 Buffehr Creek
Road/Lots 1, Eleni zniemer Subdivision, and setting forth details in regard thereto'
(PEC07-0015)
Applicant Poug Weltner
Piannen Wanen CamPbell
Page 1
A recommendation to the Vail Town council of a major amendment to a special-O"uliopr"nt
Distdct (SoO), pursuant to Sect'pn 12-9A-10, Amendment Procedures'
v"ii iorn Code, to "ilo* ioi an amendment to Special Development District No' 4'
cascaoe virrage, to atlow for a new development area located at Tract K, Glen Lyon
SrUOiui"ion, aid-setting forth details in regard thereto. (PEC07-0017)
Applicant Vail Resorts, represented by Jay Peterson
Planners: BillGibson
The applications and information about the proposals are available for public inspection
ffird;ffi; hours at tre iov,m of Vail Community.Development D-ep.artment' 75 South
FiontZgJ Road. The puUri" ii inMted to attend project oie$ti91 1O^the site visits that
pi"""Oiitn" public hearing in the Town of_Vail Community Development Department'
i,lease call 970479-2138 for additional information'
sign language interpretation is available upon request, with 2#hour.notification' Please
citt gtO:-ql{-2356, ielephone for the Hearing lmpaired, for information.
Pubfished March 23, 2007',in the Vail Daily'
*:w
Page2
Vail Town Council Attachment: B
ORDINANCE NO.11
Series of 2007
AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4,
CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT
TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Section 12-gA-2 of the Vail Town Code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No. 4; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approval of this major amendment at its April 9,2007 public hearing,
and has submitted ils recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interesl of the public health,
safety, and welfare to amend Special Development District No. 4.
NOW, THEREFORE, BE ITORDAINED BYTHETOWN COUNCILOFTHE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Special Development District No. 4, Cascade Village, is hereby
amended as follows:
(deletions are shown in strike+h+euCh/additions are shown in bold italics)
Established
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. Special Development District No. 4 and the 97.955
acres may be referred to as "SDD No. 4".
B. The district shall consist of four separate development areas, as identified
in this ordinance consisting of the following approximate sizes:
Area Knovwr As
Cascade Village
Coldstream Gondominiums
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
Tnct K
Dedicated Open Space
Roads
TOTAL
Developmenl Area
A
B
c
D
E
4e,490
Acreaoe
17.955
4.000
9.100
1.800
8.32
32.078
4.700
97.9s5
Section 2. Special Development District No.4, Cascade Vlllage,, is hereby
amended as follows:
(deletions are shown in €tril€+hr€sgHadditions are shown in bold italics)
Development Plan - Required - Approval Procedure
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 Cornerslone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan for Development Area E shall be established through the rcview and
approval ol a design review application and/or condltlonal u* 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 of the
MunicipalCode.
Section 3. Speclal Development Distrlct No. 4, Cascade Vlllage, is hereby
amended as follows:
(deletions are shown in €tril€+hr€sgryadditions are shown in bold ltalicsl
Permitted Uses
A. Area A. Cascade Village
B.
c.
1. First floor commercial uses shall be limited to uses listed in Section 12-
7B-3, (Commercial Core 1), of the Municipal Code. The 'first floor" or
"street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include retail,
thealer, restaurant, and office except that no professional or business office
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space having a maximum square footage of 925 square feet located on the
first floor on the northwest corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling ;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 1 2-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
Area B, Coldstream Condominiums
1 . Two-f amily dwelling;
2. Multi-family dwelling.
Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the
MunicipalCode.
D. Area D. Glen Lyon CommercialSite
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
E. ArcaETnctK
1. Bicycle and pedestrian paths.
2. Interpretlve naturc walks.
3. Nature preserues.
4. Passive outdoor recreation areas and open spaces.
Sectlon 4. Special Development District No.4, Cascade Village, is hereby
amended as follows:
(defetions are shown in s*iko+reugHadditions are shown in bold itallcs)
ConditionalUses
C,onditional uses shall be reMewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractionalfee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Specialattraclion;
+. Skilifts;
5. Public park and recreationalfacilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Skilifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Skilifts;
D. Area D, Glen Lyon CommercialSite
1. Micro-brewery as defined in Town of Vail Municipalcode, Chapter 12-2.
E. Area E, Tract K
1. Public parks.
2. Public utility and public seruice uses.
3, Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaklng facilities.
7. Other uses customarily lncldental and accessory to permitted and
conditional uses and necessary for the operation thereot, with the
exception of bulldings.
Section 5. lf any part, section, subsection, senlence, 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 6. 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 7. The amendment of any provision of the Town Gode as provided in
lhis ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the etfective 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 lN FULL ON FIRST READING this 'l$ day ol May,
2007, and a public hearing for second reading of this Ordinance set for the 15h day of
May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
-
day ot _,2007
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
t
I
Ae,'o'J
G<\TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Town Council
Gommunity Development Department
May 1, 2007 '* ,,'u
Ordinance No. 11, Series of 2007, an ordinanqe amending Special
Development District #4, Cascade Village, to allow for the creation of
Development Area E, Jocated at Tract K, Glen Lyon Subdivision, and
setting forth details in regard thereto.
Applicant: Vail Resorts, represented by Jay Peterson
Planner: BillGibson
DESCRIPNON OF THE REOUEST
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a major
amendment to Special Development District #4, Cascade Village, to allow for the
creation of Development Area E, located at Tract K, Glen Lyon SuMivision. The
applicant's primary purpose for this application is to designate Track K as a
separate development area to facilitate the construction of a new snowcat access
road generally located south of the Eagle River Water and Sanitation District and
ihe former gas station sites (846 West Forest Road and 934 South Frontage
Road) to the Cascade Way trail (formerly known as the Westin Ho trail).
BACKGROUND
On April 9,2007, the Town of Vail Planning and Environmental Commission
voted 7-0 to forward a recommendation of approval for the proposed
amendments to Special Development District #4, Cascade Village. The
Commission's recommendation was based upon the review of the criteria noted
in the April 9, 2007, staff memorandum and the evidence and testimony
presented, with the findings noted in the same staff memorandum. A copy of the
Aprilg, 2007 statf memorandum has been attached for reference (Attachment A).
Ordinance No. 11, Series of 2007, has been attached for review (Attachment B).
This.ordinance has been drafted to include the allowable and conditional land
uses for Development Area E as recommended by Staff and the PEC, and
agreed upon by the applicant.
CRITERIA FOR REVIEW
The criteria outlined in section Vl of the staff's April g,2OO7, memorandum to the
Planning and Environmental Commission shall.be used as the principal criteria in
evaluating the merits of the proposed special development district. lt 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.
tv.STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
approves Ordinance No. 11, Series ol 2OO7, on first reading to amend
S-p-ecial Development District #4, Cascade Village, to allow_for the.creation of
Development Area E, located at Tract K, Glen Lyon Subdivision. statf's
recomrirendation is based upon the review of the criteria noted in the April 9'
2007, staff memorandum to the Planning and Environmenlal Commission and
the evidence and testimony presented.
Should the Town Council choose to approve Ordinance No. 11, Series of 2007'
on first reading, the Community Development Department recommends the
Town Council makes the following findings:
"The Town Council finds that the applicant has demonstrated to the
satisfaction of the Council, based upon the evidence and testimony
presented:
1. That the proposed major amendment complies with th9 standards
outtined in the design criteria of Section 12-9A-8, VailTown Code, based
upon the review outtined in Section Vl of the Staft's April 9, 2007'
memorandum to the Planning and Environmental Commission; and,
2. That the proposed maior amendment is consistent with the adopted
goats, obiectives and policies outlined in the Vailcomprehensive plan and
compatibte with the development obiectives of the Town, based upon the
review outlined in Section Vl of the Staff's April 9, 2007, memorandum to
the Ptanning and Environmental Commission; and;
3. That the proposed maior amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas based upon the
review outtined in Section Vl of the Staff's April 9, 2007, memorandum to
the Planning and Environmental Commission; and,
4. That the proposed maior amendment promotes the health, safety'
morals, and general welfare of the Town and promotes the coordinated
and harmonious development of the Town in a manner that conserues
and enhances its natural environment and its established character as a
resort and residential community of the highest qualty based upon the
review outtined in Section VI of the Staff's April 9, 2007, memorandum to
the Planning and Environmental Commission."
ATTACHMENTS
Attachment A: Staff memorandum to PEC dated April 9,2007
Attachment B: Ordinance No. 11, Series of 2007
v.
TO:
FROM:
DATE:
SUBJECT:
Vail Town Gouncil Attachment: A
Ptanning and Environm""ffi
Department of Community Development
April9,2007
A recommendation to the Vail Town Council of 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.4,
Cascade Village, to allow for a new development area located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto.
Applicant: Vail Resorts, represented by Jay PetersonPlanner: BillGibson
SUMMARY
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major
amendmentto Special Development District#4, Cascade Village (SDD #4), to allowfor a new
development area located at Tract K, Glen Lyon Subdivision. Based upon Staff's review of the
criteria in Section Vl of this memorandum and the evidence and teslimony presented, the
Community Development Department recommends that the Planning and Environmental
Gommission forwards a recommendation of approval, with conditions, lo the Vail Town
Council of the proposed major amendment to Special Development District #4, Cascade
Village.
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major
amendment to Special Development District #4, Cascade Village (SDD #4), to designate Tract
K, Glen Lyon Subdivision, as a new'development area" (i.e. Development Area E) within SDD
#4. The primary purpose for this application is to designate Tract K as a separate development
area to facilitate the construction of a new snowcat access road generally located south of the
Eagle River Water and Sanitation District (ERWSD) and former gas station sites (846 West
Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the
Westin Ho trail).
Tract K is currently designated as parl of the'Dedicated Open Space" area of SDD #4. The
provisions of SDD #4 have nol, and do not, include any approved development plan nor any
established development parameters for the Dedicated Open Space areas (including Tract K).
SDD #4 does not designate any permitted uses, conditional uses, or accessory uses for the
Dedicated Open Space. While the primary purpose for this application is lo designate Tract K
as a separate development area to facilitate the construction of a new snowcat access road,
another purpose for this proposed major amendment is to establish a list of allowable land uses
for Tract K.
The applicant's proposed permitted uses for Tract K are similar to those within the Open Space
and iecreation'Diitricts established by Chapter 12-8, VailTown Code (e.9. Agriculture and
Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski
Bise Rbcreation 2 Districts). The applicant has proposed that the following land uses be
permitted within Development Area E (i.e' Tract K):
1. Utility conidors and improvements
2. Mouhtain accessways, roads, bridges, retaining walls and related improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency wiftr tre provisions of Chapter 12-8, Open Space and.Recreation Districts, Vai,
Town Cod6, Statf recommends the following uses be permitted on Tract K:
1. BicYcle and Pedestrian Paths.
2. Interpretive nature walks'
3. Nature Preserves.
4. Passive outdoor recreation areas and open spaces'
Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Cod6, Staff also recommends the following conditional uses be allowed on Tract K,
subject to the issuance of a conditional use permit:
1. Public Parks.
2. Public utilily and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Skitrails.
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.
A more complete description of the applicant's request (Attachment B) has been attached for
reference.
III. BACKGROUND
The following is a brief summary of Tract K and SDD #4 history which is relevant to the
proposed major amendment:
r March 1g76: Ordinance 4 of 1976 - Town of Vail annexes "Lionsridge" area
. March 1g76: Ordinance 5 of 1976 - SDD #4 established, Tract K is part of
development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas
A,B,&C.
November 1977: Ordinance 28 of 1977 - SDD #4 "Dedicated Open Space"
development area designation created; however, the properties in this area are not
identified.
April 1978: Glen Lyon covenant restrictions are adopted forTracts B, C, D, E, F, G'
H, J, K & "stream tract".
July 1978: Tract K is deeded from Gore Creek Associates to the Town of Vail.
August 1983: conditional use permit approved "to construct the Westin-Ho ski trail in
Special Development District #4".
June 1986: conditional use permit approved "in order to construct a ski lift at
Cascade Village"
June and September'1987: Glen Lyon covenants amended to allow bridges, lifts,
mazes, trails, equipment, etc. for Tracts J, H, & "stream tract".
December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with "ski
lift" conditionaluse allowed in areas A, B, & C.
July 12, 20(M: Planning and Environmental Gommisslon forwards a
recommendation of approval to the Town Council for this maior amendment
to a Special Development Dlstrict (SDD) to allow for a new development area
located at Tract K.
. August 3, 2004: the Town Gounclt adopted Ordinance 17, Series ol 2004, on
first readino for thls major amendment to a special Development Dlstrlct
(SOO) to allow for a new development area located at Tract K-
. Fall 2004 through Spring 2005: the Town Council tabled the second readino of
Ordinance 17, Series of 2004, on multiple occasions while Vall Resorts
negotlated with the other SDD property owners to resolve the related private
covenant issues.
. Spring 2005: Vail Resorts withdrew the application due to unresolved private
covenant negotiatlons.
The Design Review Board had previously reviewed and approved the_proposed snowcat
access roaO. the Planning and Environmental Commission and the Town Council have
previously approved a retaining wall height variance to facilitate the construction of the access
road.
tv.APPLICABLE PLANNING DOCUMENTS
TITLE 1 2: ZONING REGULATIONS
Article 12-9A: Special Development Districts (in part)
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 charicter and quatity of the new developmen.t.with the town; to facilitate the
adeduate and economical provision of streets and utilities; to p_reserue the natural and
scenic features of open space areas; and to further the overall goals of the communiu
as stated in the Vaii comprehensive plan. An approved development plan for a special
development district, in conjunction with the propefi's underlying zone district, shall
estabtishthe requirementsfbr guiding developmentand uses otpropefty included in the
speciat development district. The special development district does not apply to and is
iot avaitabte in the foltowing 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.
TOWN OF VAIL LANDUSE PLAN
Chapter Vl-2: KeY Goals
D. Parks and OPen SPace:
2) The preseruation of open space was determined to be a high priority'
ihe improvement of existing parks and open space ar91st in concert
with c]ntinued purchase of open space by the Town of Vail were both
identified as Priorities.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open SPace:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category: Hillsides which were
classified ai undevelopable due to high hazards and slopes over 40/" are also
inctuded within this area. These hillside areas would still be allowed Upes of
development permined by existing zoning, such as one unit per 35 acres, for
areas in agricultural zoning. Also, permitted in this area would be
i n stituti o n al/P u b I ic u se s.
TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN
Tract K is not addressed by the Comprehensive Open Lands Plan.
SITE ANALYSISv.
Legal Description:
Zoning:
Lot K, Glen Lyon Subdivision
Special Development District #4
Land Use Plan Designation: Open Space
Current Land Use: Open Space and the Cascade Way trail
Lot Size: 362,518 sq. ft. (8.3223 acres)
vl.CRITERIA FOR REVIEW
A. Design compatibility and sensltivity to the immediate environment, neighborhood
and idlaceni properties relative to architecturaldesign, scale, bulk, building helght,
buffer iones, ldentity, chancter, visual Integrity and orienlation.
The proposed major amendment allows for uses within DevelopmentArea E (i.e. Tract K)
which aie consistilnt with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access
road is a similar land uie as the existing Cascade Way trail which was approved in 1 983.
Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow
for lhe construction of buildings.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Desiln Review Board; therefore, Staff believes the proposed. major amendment is
comfafible and sensitive to the immediale environment, neighborhood and adjacent
properties.
B. Uses, activity and density whlch provide a compatible, efficient and workable
relationshlp with surrounding uses and activity.
The proposed major amendment allows for uses within Development Area E (i.e' Tract K)
which aie consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access
road is a similar l'dnd uie as the existing Cascade Way trail which was approved in 1983;
therefore, Staff believes the proposed major amendment is compatible, efficient and
workable with the surrounding uses and aclivities.
Compliance with pa*lng and loading requirements as outlined in Chapter 12-10 of
the vail Town code.
Staff does not believe that this major amendment is affected by the parking or loading
requirements of Chapter 12-10, VailTown Code. Therefore, Staff does not believe this
criterion is relevant to this application.
Conformlty with the applicable elements of the Vail Gomprehensive Plan' Town
policies and Urban Deslgn Plan.
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 deve_lopment
iistrict. Tract Kls designated as "Open Space" by the Vail Land Use Plan. Statf has
reviewed the Vail Land Use Plan and believes the following policies are relevant to the
review of this proposal:
c.
F.
Chapter Vl-2: Key Goals
D. Parks and Open SPace:
2) The preseruation of open space was determined to be a high priority.
The improvement of existing parks and open space areas, in concert
with continued purchase of open space by the Town of Vail were both
identified as Priorities.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open SPace:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category. Hillsides which were
ctassified as undevelopable due to high hazards and slopes over 40"/" are also
inctuded within this area. These hillside areas would still be allowed Upes of
development permitted by existing zoning, such as one unit per 35 acres, for
areas in agricultural zoning. Also, permitted in this area would be
i n stituti o n al/p u b I ic u s es.
The proposed major amendment allows for uses within Development Arqa E (i.e. Tract K)
which aie consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail
Land Use Plan.
ldentification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the OfficialTown of Vail Geologic Hazard Maps, Development Area E (i'e.
Tract K) ii not located in any geologically sensitive areas or within the 1OO-year floodplain.
Therefore, Staff does not believe this criterion is relevant to this application.
Site plan, building design and location and open space provisions designed to
prodirce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which aie consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated dpen Space". Therefore, staff believes the major amendment complies
with this criterion. Additionally, Staff believes the proposed snowcat access road is a
similar land use as the existing Cascade Way trail which was approved in 1983.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Desiln heview Board; therefore, Staff believes the proposed major amendment is
functional, responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the communitY.
G. A circulation system deslgned for both vehicles and pedestrians addressing on
and oft-site traffic circulation.
The proposed major amendment will facilitate the construction of a new snowcat access
road. This proposal will remove Vail Resorts'winter mountain maintenance tratfic from
public streets (i.e. West Forest Road). Staff believes this will have a positive affect on
iraffic flows and traftic safety. Additionally, the proposed major amendment will not
negatively impact use ol the existing Cascade Way trail or the existing bike trail along
Core Cre-eh therefore, Staff believes the proposed major amendment complies with this
criterion.
H. Functional and aesthetlc landscaping and open space In order to optimize and
preserve natural features, recreatlon, views and functions.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which aie consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservatioq Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Therefore, staff believes the major amendment complies
with this criterion.
l. phasing plan or subdivision plan that will maintain a workable, functional and
eflicient relationship throughout the development of the special development
distrlct.
As there is no phasing or subdivision plan associated with the major amendment, Statf
does not believe this criterion is relevant to this application-
STAFF RECOMMENDATION
The Community Development Department recommends thatthe Planning and Environmental
Commission forwards a recommendation of approval, wlth conditions, to the Vail Town
Council ol the proposed major amendmenl to Special Development District #4, Cascade
Village. The Staff's recommendation of approval is based upon the review of the criteria
outlined in Section Vl of this memorandum and the evidence presented on this application
subiect to the following finding:
"The Ptanning and Environmental Commission finds that the applicant has
demonstrated to the satisfaction of the Commission, based upon the evidence and
testimony presented:
l.Thatthe proposed major amendmentcomplieswiththe standardsoutlined inthe nine
design criteriaof Section 12-9A-8, VailTown Code, based upon the review outlined in
Seciion Vt of the Staff's April 9, 2007, memorandum to the Planning and Environmental
Commission; and,
2. That the proposed major amendment is consistent with the adopted goals, obiectives
and policies outtined in the Vail comprehensive plan and compatible with the
development objectives of the town, based upon the review outlined in Section Vl of the
Staff's Aprit 9, 2007, memorandum to the Planning and Environmental Commission;
and,; and,
g. That the proposed major amendment is nmpatible with and suitable to adiacent uses
and appropriate for the surrounding areas based upon the review outlined in Section VI
of the Staff's April 9, 2007, memorandum to the Planning and Environmental
Commission; and,; and,
4. That the proposed major amendment promotes the health, satety, morals, and
general welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserues and enhances ifs natural
environment and its established character as a resort and residential community of the
highest quality based upon the review outlined in Section Vl of the Staffs April 9, 2007,
memorandum to the Planning and Environmental Commission-
Should the Planning and Environmental Commission chooseto approvethis majoramendment
request, the Community Development Department recommends the following condltions:
1. The fotlowing uses shall be permifted in Development Area E (i.e. Tract K) of
Special Development District #4, Cascade Village:
1. Bicycle and pedestrian Paths.
2. lnterpretive nature walks.
3. Nature Preserues.
4. Passive outdoor recreation areas and open spaces.
2. The fottowing andiilonal uses shall be allowed in Development Area E (i.e. Traa K)
of Special Development District #4, Cascade Village, subject to the issuanee of a
conditional use Permit:
1. Public parks-
2. Public utility and public service uses'
3. Access roads.
4. Ski lifts and tows.
5. Skitrails.
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.
VIII. ATTACHMENTS
Attachment A: VicinitY MaP
Attachment B: ApPlicant's request
Attachment C: Draft Ordinance No. 11, Series of 2007
Attachment D: Public Hearing Notice
Attachment:
Attachment B
Amqndment to SDD #4
The purpose of this Amendment to SDD #4 is to allow for the corirstruction of a
snow cat access route to Cascade Way. This application is the same as the previous
application which was passed by the Town Council on first reading and then tabled until
thi covenant Amendment was approved by 75Y' of the ov,ners in the Glen Lyon
Subdivision. (Such percentage based upon land ownership). The Amendment was later
withdrawn due to the time lapse between readings. The previous submittal
documentation and memos are still appropriate and relevant as this submittal is the same
except for a slight re-alignment of the access way as it joins Cascade Way. The re-
alignment was at the request of various owners in Glen Lyon and results in less retaining
wJls and a safel entrance onto Cascade Way. A new drawing is attached showing the
adjustment.
Attachmbnt B
PROPOSED AMEI\DMENT TO
GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4
June 1,2004
PURPOSE OF TIIIS AMENDMENT
This proposed amendment to SDD l*4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD *14. The purpose
of this SDD ameqdment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROIJND ON SDD #4
SDD #4 was originally approved 1g-1976- This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mentiou of the SDD's underlying zone
distict. Typically a SDD references an underlyingzone distict and this zone district
then establishes land uses permissible within the SDD. Secondly' SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed in the
SDD.
sDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development level and changes to
development areas.
When originally approved in 1976, SDD *f4 was divided into four distinct "developme,nt
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consisteut with Glen Lyon's existing
mixed-use character.
In1977 SDD #4 was amended to include the same four Development fueas (Areas A-D)
with the addition of a 40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are pemrissible in the 40'4 acres of "Dedicated
ope,n Space". As indicated in the 1977 ame,ndmont, the total land area of the SDD was
approximately 92 aqes.
SDD #4 was amended a number of times following the 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town ofVail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two of the four easements necess.ry for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
In April of 2004 a lgg6letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborlood. The letter outlined a process for the review of a new
mountain access road that would be located in part over Tract IC The accessway location.
and desigrr contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD #4.
In deference to this 1996 letter, it has been detennined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use perrnit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalld' appear to be a pelmitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD ff4'
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD fJ4:
. Create a new development area - Development Area E, this area will consist of "Tract
K".. Establish allowable uses within Development Area E to include:
Permitted Uses
1. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
r Approve a development plan for Tract K-Development Area E' This plan includes all
orportions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract I! it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for tni-U;age, s16y-6aking facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following desip criteria shall be used as the principal criteria in evaluating the
merits of the propoied special development diskict. It shall be the burden of the applicant
to demonshati 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 beeir
achieved:
A. Comaatibility: Desigp compatibility and sensitivity to the immediate environment,
neighboihood and adjacent properties relative to architectural desigrr, scale, bulk,
buiiding height, buffer zones, identity, character, visual integrity and orientation.
Response
Numerous snowcat access alignments have been studied over the years. The
proposed route mirfmizes impacts on the site and impacts to surrounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as awhole'
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response
The limited uses proposed for Developme,nt Area E are consistqtt with Tract E
..open space dedication" designation, with existi"g uses of Tract E and with
surrounding uses and activities.
C. parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 ofthis Title.
Response
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the vail comprehensive Plan.
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.
Response
A geotechnical analysis has been completed in conjunction with the design ofthe
snowcat access road.
F. Design Features: Site plan, building design and location and open space provisions
desigrred to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
Response
The snowcat accessway has been designed in order to minimize both cuVfill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a pad ofthe bridge/snowcat accessway-
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
Response
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction oftraffic on this road'
H- Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function'
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
firnctional and efficient relationship throughout the development ofthe special
development district. (Ord. 21(1988) $ 1)
Responsg
Initiallylroposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intakdvault, new snowmaking lines up Vail Mountain and anewbridge over
Gore Creek Phase I would be done the summer/fall of 2@4. Phase tr would
consist of the snowcat accessway up Vail Mountain. fire timing for completion
of Phase tr is to be determined. If the SDD amendme,nt process is resolvedin a
timely manner the acoessway could be constucted in 2004. As au alternative, it
is anticipatcd that the access"way would be constructed in 2005.
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ORDINANCE NO.11
Series ol2OO7
AN ORDINANCE AMENDING ORDINANCE NO. 11, SERIES OF 1999, SPECIAL
DEVELOPMENT DTSTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW
DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND
SETTING FORTH DETAILS IN REGARDTHERETO.
WHEREAS, Section ',12-9A-2 of the VailTown code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No. 4; and
WHEREAS, the Planning and Environmental commission of the Town of Vail
has recommended approval of this major amendment at its April g,2OO7 public hearing'
and has submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend Special Development District No. 4.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Aftachment C
section 1. ordinance No. 11, Series of 1999, ls hereby amended as follows:
(deletions are shown in slrike+hretrgr$/additions are shown in bold italicsl
Established
A. special Developmenl District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. special Development District No. 4 and the 97.955
acres may be refered to as'SDD No. 4".
B. The distdct 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
Development Area
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
Tract K
Dedicated Open SPace
Roads
TOTAL
section 2- ordinance No. 28, Series of 1998, is hereby amended as follows:
(defetions are shown in stfike-thf€ugHadditions are shown in bold italics)
Development Plan - Required - Approval Procedure
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 Cornerslone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan for Development Area E shalt be established through the review and
approval ol a design review application and/or conditional use permit
apptication. 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 of the
MunicipalCode.
section 3. ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in strke+h+eugrh/additions are shown in bold italics\
Permifted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-
A
B
c
D
E
401400
@--t
Acreaoe
17.955
4.000
9.100
1.800
8.322
32.078
4.700
97.955
7B-3, (Commercial Core 1), of the Municipal Code- The 'first floor' or
B.
c.
rt*+qry
"street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other lloor levels besides first floor street level may include retail,
theater, restaurant, and otfice except that no professional or business office
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space having a maximum square foolage of 925 square feet located on the
first floor on the northwesl corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling.
6. Primary/Secondary dwelling ;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 1 2-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
Area B, Coldstream Condominiums
1. Two-family dwelling;
2. MultFfamilY dwelling.
Area G, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single familY dwelling;
2. Two-family dwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the
MunicipalCode.
Area D. Glen Lyon CommercialSite
1. Business and professional offices;
2. Employee dwelling as defined in Section 1 2-13 of the Municipal Code'
D.
Qp,4*u
E. Area E, Tract K
1. Bicycle and pedestrian Paths.
2. lnterpretive nature walks.
3. Nature preserues.
4- Passive outdoor recreation areas and open spaoes-
Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(defetions are shown in €*k€+h{€ugh/additions are shown in bold italics)
ConditionalUses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code'
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
mulli-family dwellings. Fractional fee ownership shall not be applied lo
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Specialattraction;
4. Skilifts;
5. Public park and recrealional facilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
%e*
B. Area B, Coldstream Condominiums
1. Public park and recreationalfacilities;
2. Skilifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Skilifts;
D. Area D, Glen Lyon CommercialSite
1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E- Arca E,Tract K
l. Public parks.
2. Public utility and public serulce uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Otheruses cusfom arily intcidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception ot buildings.
Section 5. lf 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, senlences, clauses or phrases be declared invalid.
Section 6. 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 7. 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 thal 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, resolulion or ordinance, or
part thereof , theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED' AND
ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1o day of May,
2007, and a public hearing for second reading of lhis Ordinance sef for the 15rh day of
May, 2007, in the council chambers of the Vail Municipal Building, Vail, colorado.
Rod Slifer, Mayor
Attesl:
Lorelei Donaldson, Town Clerk
Attest:
'G%^
'#,f5
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
-day
ot -....--2007
Rod Slifer, Mayor
Lorelei Donaldson, Town Clerk
Attachment D
THIS ITEM MAYAFFECTYOUR PROPERTY
PUBLIC NOTICE
NOTICE ls HEREBY GIVEN that the Planning and Environmental commission of the
Town of Vai! will hotd "
prulit'n""rin! in
"cco-no"nce
with section 12:3:6.: Vail rown
CoJ", "n, Apiii S, zOoi, ;'i,60 pr"in the Town of Vail Municipal Buildins, in
consideration of:
A request for a final review of a major exterior alteration, pursuant to section 12'7 A-12'
Exterior Alterations ot rtfJiinltiont, v"ir Town Code' to aliow for the addition of an entry
feature, located at zsz ea;i'[aeadow orive (Mountain Haus), part of rract B, Vail Village
Fffii: "nJ ""tting
forth details in regard thereto' (PEC07-0012)
6;f"";i - vaiiEstates, represented bv Paulsmith
Planner:BillGibson
Arequestforfina|reviewoftheprescribedzoningregu|ations,Pu':!,ljtoSectionl2-3.
7, Amendment, Vail fo*n Coi", to allow for -mod-ifications to Section 12-6A-9' Site
Coverage, Vail Town CrJ", i" ilt.rease allowaOte site coverage from 15% lo 2oo/o'
Spraddle Creek Estate.-irUOiui"ion, located at 914 through 1326 Spraddle Creek Road'
f5i" i-f S, ""d
setting tortn detaits in regard thereto' (PEC07-0013)
-Applicant Spraddle Creek Estates Homeowners Association, represented by Dave
Kaselak of Zehren and Associates
Planner: Wanen CamPbell
Arequestforfinalreviewofanamendedfina|p|at'.pursuanttoChapter13.12,
Exemption plat Review Fio""Out"", Vail Town Code,'to allow for mo^difications to platted
gross residential floor ";;;;',6 coverage limitations, located at 914 Spraddle Creek
Road. Lots 1-15, SpraddG C;;"iE"t"t* dubdivision' and sefting forth details in regard
thereto. (PEC07-0014)
Aoolicant: spraddle creek Estates Homeowners ASsociation, represented by Dave
lGselak of Zehren and Associates
Planner: Wanen CamPbell
Arequestforafinalreviewofanamendedfinalp|at,pursuant..toChapter13-12'
Exemption plat Review-pioLor*, vail Town cod'e, to amend the plafted building
envelope (Lot 1), witn'in ineEeni ini"r"r subdivision located at1677 Buffehr creek
Road/Lotsl,ElenizniemerSubdivision,andsettingforthdetai|sinregardthereto.
(PECo7-0015)
Applicant Doug Weltner ..Pianner: Warren CamPbell
Page 1
A recommendg1g! to.-the Vail Town Co1nc'!. of a major amendmentrt?;":ff:3: {'!':
v;;ir:l*,11"1"",t'"lijJL,':f:il:"T,""?:",TJr';3fi',3;,4ilifr?t'5,'n""i"ftlii:
'it
'ln ,r
c".."oe virr"ge, to attow for " n"* development area located at-Tract K, Glen Lyon
SuOOiuision, aid-setting forth details in regard thereto. (PEC07-0017)
Applicant Vail Resbrts' represented by Jay Peterson
Planners: Bill Gibson
The applications and information about the proposals are available for public inspection
ilri',g;ffil ilurs attneiown oiVaif Cominunity Oevelopme.nt Department, 75 South
Frontage Road. The prUfi" i" invited to aftend pr6ject orientation and the.site visits that
oi"""ol m" oublic hearinfin tne town of Veil Community Development Department' '
i'lease c:rll liTO-479'21 38 for additional information'
sign language interpretation is arrailable upon request,.with 2+hour.notification' Please
dn eino';t{_2356, Tetephone for the Hearing lmpaired, for information.
Published March 23, 2007, in the Vail Daily'
Page2
VailTown Council Attachment: B
ORDINANCE NO.11
Series ol2007
AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4,
CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENTAREA LOCATED AT
TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Gode permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No. 4;and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approvalof this major amendment at its April 9,2007 public hearing,
and has submitted ils recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interesl of the public health,
safety, and welfare to amend Special Developmenl District No. 4.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN GOUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Speciat Development District No.4, Cascade Village, is hereby
amended as follows:
(deletions are shown in €trik€+h{€ugh/additions are shown in hold italics)
Established
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. Special Development District No. 4 and the 97.955
acres may be referred to as "SDLi No. 4".
B. The district shall consist of four separate development areas, as identilied
in this ordinance consisting of the following approximate sizes:
Area Known As
Cascade Village
Coldstream Condominiums
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
Tnct K
Dedicated Open Space
Roads
TOTAL
Develooment Area
A
B
c
D
E
4e.40e
Acreaoe
17.955
4.000
9.100
1.800
8.322
32.078
4.700
97.955
Section 2. Special Development Distrlct No.4, Cascade Village,, ls hereby
amended as follows:
(defetions are shown in s{rike+hreugrh/additions are shown in bo,td itatics)
Development PIan - Requhed - Approval Proedure
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 Glub site as approved by the
Town Council. The Waterford and Cornerslone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan for Development Area E shall be established through the rcview 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 seclion of this
ordinance. Amendmenls to SDD No. 4 shall comply with Section 12-9A of the
MunicipalCode.
Section 3. Special Development District No.4, Cascade Village, is hereby
amended as follows:
(deletions are shown in €tril€+hr€ugl/additions are shown in bold italicsl
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in section 12-
7B-3, (Commercial Core 1), of the Municipal Gode. The "lirst floor" or
'street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include relail,
theater, restaurant, and office except thal no professional or business office
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space having a maximum square footage of 925 square feet located on the
first floor on the northwest corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-familY dwelling;
5. Single FamilY dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 ol the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldslream Condominiums
1. Two-family dwelling;
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single tamily dwelling;
2. Two-family dwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the
MunicipalCode.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12'13 ol the Municipal Code.
E. Area E, Tract K
l. Bicycle and pedestrlan Paths.
2. Interpretlve nature walks.
3. Nature Preserves.
4. Passive outdoor recreation areas and open spaces.
Section 4. Special Development Distrlct No.4, Cascade Village' is hereby
amended as follows:
(deletions are shown in €tfik€4hf€ug+/additions are shown in bold italicsl
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feel.
2. Fractionalfee ownership as defined in the Town of Vail Municipal Code,
Section '12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Orunership intervals shall not be less than five weeks.
3. Specialattraction;
4. Ski lifts;
5. Public park and recreationalfacilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Skilifis.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Skilifts;
D. Area D, Glen Lyon Commercial Site
1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E. Area E, Tract K
1. Public parks.
2. Public utility and public seruice uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses cusfornarily Incidental and accessory to Permifted and
conditionat uses and necessary for the operation thereof, with the
exceqtion of buildlngs.
Section 5. lf 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, subsecliOn, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, secfions,
subsections, sentences, clauses or phrases be declared invalid.
Section 6. The Town Council hereby finds, determines and declares that lhis
ordinancb is necessary and proper for the health, safety and welfare of the Town ol Vail
and the inhabitants thereof.
Section 7. The amendment of any provision ol the Town Code as provided in
this ordinance shall not atfect any right which has accrued, any duty imposed, any
Molation that occurred prior to the effective date hereof, any prosecution @mmenced,
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 shhll not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof , theretolore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1d day of May,
2007 , and a public hearing for second reading of this Ordinance set for the 15h day of
May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
-
day ol .....-......- 2007
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Glerk
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
6.ol{'c.' At.,* Gu l@
o';",::-,-
TO:
FROM:
DATE:
SUBJECT:
April9, 2007
A recommendation to the Vail Town Council of a major amendment lo a Special
Development District (SDD), pursuant to Section 12-9A-1 0, Amendment Procedures,
Vail Town Code, to allow for an amendment to Special Development District No.4,
Cascade Village, to allow lor a new development area located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thsreto. (?eool-mn)
Applicant: Vail Resorts, represented by Jay PetersonPlanner: Bill Gibson
SUMMARY
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major
amendment to Special Development District #4, Cascade Village (SDD #4), to allow for a new
development area located at Tract K, Glen Lyon Subdivision. Based upon Slaff's review of the
criteria in Section Vl of this memorandum and the evidence and testimony presented, the
Community Development Department recommends that the Planning and Environmental
Commission lorwards a recommendation of approval, wlth conditions, lo the Vail Town
Gouncil of the proposed major amendment to Special Development District #4, Cascade
Village.
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major
amendmentto Special Development District#4, Cascade Village (SDD #4), to designateTract
K, Glen Lyon SuMivision, as a new"developmentarea" (i.e. DevelopmentArea E) within SDD
#4. The primary purpose forthis application is to designate Tract K as a separate development
area to facilitate the construction of a new snowcat access road generally located south of the
Eagle River Water and Sanitation District (ERWSD) and former gas station sites (846 West
Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the
Westin Ho trail).
Tract K is currently designated as part of the 'Dedicated Open Space" area of SDD #4. The
provisions of SDD #4 have not, and do not, include any approved development plan nor any
established development paramelers for the Dedicated open space areas (including Tract K).
SDD #4 does nol designate any permitted uses, conditional uses, or accessory uses for the
Dedicated Open Space. While the primary purpose for this application is lo designate Tract K
as a separate development area to facilitate the construction of a new snowcat access road,
another purpose for this proposed major amendment is to establish a list of allowable land uses
for Tract K.
The applicant's proposed permitted uses for Tract K are similar to those within the Open Space
and Fidcreation Didtricts established by Chapter 12-8, Vail Town Code (e.9. Agriculture and
Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski
Bise Rbcreation 2 Districts). The applicant has proposed that the following land uses be
permitted within Development Area E (i.e. Tract K):
1. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related improvemenls
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency wiin the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Code, Staff recommends the following uses be permitted on Tract K:
1. Bicycle and pedestrian paths.
2. Interpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts,Districts. vail
Town Code, Staff also recommends the following conditional uses be allowed on Tract K,
subject to the issuance of a conditional use permit:
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and lows.
5. Skitrails.
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.
A more complete description of the applicant's request (Attachment B) has been attached for
relerence.
III. BACKGROUND
The following is a brief summary of Tract K and SDD #4 history which is relevant to the
proposed major amendment:
r March 1 976: Ordinance 4 of 1 976 - Town of Vail annexes "Lionsridge" area
. March '1976: Ordinance 5 of 1976 - SDD #4 established, Tract K is part of
development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas
A,B,&C.
November 1977: Ordinance 28 ol 1977 - SDD #4 "Dedicated Open Space"
development area designation created; however, the properties in this area are not
identified.
April 1978: Glen Lyon covenant restrictions are adopted for Tracts B, C, D, E, F, G,
H, J, K &'stream tract'.
July 1978: Tract K is deeded from Gore Greek Associates to the Town of Vail.
August 1983: conditional use permit approved 'to constructthe Westin-Ho skitrail in
Special Development District #4".
June 1986: conditionat use permit approved "in order to construct a ski lift at
Cascade Village"
June and September 1987: Glen Lyon covenants amended to allow bridges, lifts,
mazes, trails, equipment, etc. for Tracts J, H, & "stream tracl".
December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with "ski
lift" conditional use allowed in areas A, B, & C.
July 12, 2004: Planning and Environmental Commlssion fontards a
rec-ommendatlon of approval to the Town Council for this maior amendment
to a Speclal Development Distrlct (SDD) to allow for a new development area
located at Tract K.
August 3,2004: the Town Gouncil adopted Ordinance 17, Serles of 2004' on
first readlno for this malor amendment to a Special_Development Dlstrict
(SDD) to- allow for a new development area located at Tract K.
Fall2004 through Spring 2005: theTown Council tabled thes@g!reagllqgof
Ordinance 17, Series of 2004, on multlple occasions whlle Vail Resorts
neEotiated with the other SDD property owners to resolve the related private
covenant issues.
. Spring 2005: Vail Resorts withdrew the application due to unresolved private
covenant negotiations.
The Design Review Board had previously reviewed and approved.the proposed snowcat
access road. The Planning and Environmental Commission and the Town Council have
previously approved a retaining wall height variance to facilitate the construction of the access
road.
tv.APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
Article 12-9A: Special Development Districts (in part)
12-94-1: PURPOSE:
The purpose of the speciat development district is to encourage flexibility and creativity
in the dbvelopnent of land in order to promote its most appropriate use; to improve the
design charicter and quality of the new development with the town; to facilitate the
adefiuate and economical provision of streets and utilities; to preserue the natural and
scenic features of open sp,ace areas; and to further the overall goals of the community.
as stated in the Vaii comprehensive plan. An approved development plan for a special
development district, in conjunction with the property'l underlying zone district, shall
establish the requirements for guiding development and uses of propefty included in the
special development district. The special development district dge? not apply to and is
iot avaitable in the fottowing 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.
TOWN OF VAIL LANDUSE PLAN
Chapter Vl-2: KeY Goals. D. Parks and OPen Sqace:
2) The preseruation of open space was determined to be a high priority'
The improvement of existing parks and open space areas, in concert
with continued purchase of open space by the Town of Vail were both
identified as Priorities.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open SPace:
Passive recreation areas such as greenbelts, stream conidors, and
drainageways are the types of areas in this category. Hillsides which were
ctassified as undevelopable due to high hazards and slopes over 407" are also
included within this area. These hillside areas would still be allowed types of
development permifted by existing zoning, such as one unit per 35 acres, for
areas in agricultural zoning. Also, permitted in this area would be
institutio n al/Publ ic uses.
TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN
Tract K is not addressed by the Comprehensive Open Lands Plan.
SITE ANALYSISv.
Legal Description:
Zoning:
Lot K, Glen Lyon Subdivision
Special Development District #4
Land Use Plan Designation: Open Space
Current Land Use: ' Open Space and the Cascade Way trail
Lot Size: 362,518 sq. ft. (8.3223 acres)
CRITERIA FOR REVIEW
A Design compatlblllty and sensitivlty to tho immediate environment, neighborhood
anA iOlacenl properties relatlveto archltecturaldesign, scale, bulk, building height,
buffer zones, identity, character, visual integrity and orientation.
The proposed majoramendmentallowsloruseswithin DevelopmentAreaE (i.e.TractK)
which aie consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agricullure and Open Space, Outdoor Recreation, Natural Area
preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Stalf
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as ,,Dedicated Opdn Space". Additionally, Statf believes the.proposed snowcat access
road is a similar land use as the existing Cascade Way trail which was approved in 1983.
Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow
for the construction of buildings.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Desiln heview Board; therefore, Staff believes the proposed major amendment is
comfatible and sensitive to the immediate environment, neighborhood and adjacent
properties.
Uses, activlty and density which provide a compatible, efficient and workable
relationship with surrounding uses and actlvlty.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which aie consistbnt with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Opdn Space". Additionally, Staff believes the proposed snowcat access
road is a similar land use as the existing Cascade Way trail which was approved in 1983;
therefore, Staff believes the proposed major amendment is compatible, efficient and
workable with the surrounding uses and activities'
Compllance with parking and loading requirements as outlined In Chapter 12'10 of
the vail Town code.
Staff does not believe that this major amendment is affected by the parking or loading
requirements of Chapter 12-10, VailTown Code. Therefore, Staff does not believe this
criterion is relevant to this application.
Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process forlhe establishment of a special development
district. Tract Kls designated as "Open Space" by the Vail Land Use Plan. Staff has
reviewed the Vail Land Use Plan and believes the following policies are relevant to the
review of this proPosal:
F.
Chapter Vl-2: Key Goals
D- Parks and OPen SPace:
2) The preseruation of open space was determined to be a high priortty.
The improvement of existing parks and open space areas, in concert
with continued purchase of open space by the Town of Vail were both
identified as piorities.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open SPace:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category. Hillsides which were
classified as undevelopable due to high hazards and slopes over 40/" are also
included within this area. These hillside areas would stillbe allowed types of
development permifted by existing zoning, such as one unit per 35 acres, for
areas in agricultural zoning. Also, permitted in this area would be
i n stitutionaVqublic u ses.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Statf
believes these proposed uses are consistent with Tract K's current SDD #4 designatiort
as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail
Land Use Plan.
ldentilication and mitigation of natural and/or geologic hazards that affect the
property on whlch the special development distrlct is proposed-
According to the OfficialTown of Vail Geologic Hazard Maps, Development Area E (i.e.
Tract K) ii not located in any geologically sensitive areas or within the 1 O0-year floodplain.
Therefore, Staff does not believe this criterion is relevant lo this application.
Site plan, bullding deslgn and locatlon and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposed major amendment allows for uses within Development Arga E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Therefore, statf believes the major amendment complies
with this criterion. Additionally, Staff believes the proposed snowcat access road is a
similar land use as the existing Cascade Way trail which was approved in 1983.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Desiln heview Board; therefore, Staff believes the proposed major amendment is
functional, responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the communitY.
A circulatlon system designed for both vehlcles and pedestrians addressing on
and off-site raffic circulation.
The proposed major amendment will facilitate the construction of a new snowcat access
road. This proposal will remove Vail Resorts'winter mountain maintenance traffic from
public streets (i.e. West Forest Road). Staff believes this will have a positive affect on
traffic flows and traffic safety. Additionally, the proposed major amendment will not
negatively impact use of the existing Cascade Way trail or the existing bike trail along
Gore Creek; therefore, Staff believes lhe proposed major amendment complies with this
criterion.
Functional and aesthetic landscaping and open space In order to optimlze and
presenre natural features, recreation, views and functions.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Therefore, staff believes the major amendment complies
with this criterion.
Phaslng plan or subdlvlslon plan that will maintain a workable, functional and
efficient relationship throughout the development of the speclal development
district.
As there is no phasing or subdivision plan associated with the major amendment, Staff
does not believe this criterion is relevant to this application.
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and Environmental
Commission fonrards a recommendation ol approval, with condltions, to the Vail Town
Council ol the proposed major amendment to Special Development District #4, Cascade
Village. The Statf's recommendation of approval is based upon the review of the criteria
outlined in Section Vt of this memorandum and the evidence presented on this application
subject to the following finding:
"The Planning and Environmental Commission finds that the applicant has
demonstrated to the satistaction of the Commission, based upon the evidence and
testimony presented:
1 . That the proposed major amendment complies with the standards ouilined in the nine
design criteia of Section l2-gA-8, Vail Town Code, based upon the review outlined in
Section Vl of the Staffs April 9, 2007, memorandum to the Planning and Environmental
Commission; and,
2. That the proposed major amendment is consistentwith the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town, based upon the review outlined in Section Vl of the
Staff's April 9, 2007, memorandum to the Planning and Environmental Commission;
and,; and,
3. That the proposed major amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas based upon the review outlined in Section Vl
of the Staff's April 9, 2007, memorandum to the Planning and Environmental
Commission; and,; and,
4. That the proposed major amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserues and enhances ifs natural
environment and its established character as a resort and residential commun$ of the
highest quality based upon the review outlined in Section Vl of the Staff's April 9, 2007,
memorandum to the Planning and Environmental Commission.
Should the Planning and Environmental Commission choose to approve this major amendment
requesl, the Community Development Departmenl recommends the following conditions:
1. The following uses shall be permitted in Development Area E (i.e. Tract K) of
Special Development District #4, Cascade Village:
1. Bicycle and pedestrian Paths.
2. lnterpretive nature walks.
3. Nature Preserves.
4. Passive outdoor recreation areas and open spaces.
2. The totlowing conditionat uses sha/l! be altowed in Development Area E (i.e. Tract K)
of Special Development District #4, Cascade Village, subiect to the issuance of a
conditionaluse Permil
1. Public parks
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Skitrails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and nnditional
uses and necessary for the operation thereof, with the exception of buildings.
VIII. ATTACHMENTS
Attachment A: VicinitY MaP
Attachment B: Applicant's request
Attachment C: Draft Ordinance No. 11, Series of 2007
Atlachment D: Public Hearing Notice
Attachment:
Attachment B
Amendment to SDD #4
The purpose of this Amendment to SDD #4 is to allow for the construction of a
snow cat access route to Cascade Way. This application is the same as the previous
application which was passed by the Town Council on first reading and then tabled until
the Covenant Amendment was approved by 75%o of I}ile Owners in the Glen Lyon
Subdivision. (Such percentage based upon land owaership). The Amendment was later
withdrawn due to the time lapse between readings. The previous submittal
documentation and memos are still appropriate and relevant as this submittal is the same
except for a slight re-alignment of the access way as it joins Cascade Way. The re-
alignment was at the request of various owners in Glen Lyon and results in less retaining
walls and a safer entrance onto Cascade Way. A new drawing is attached showing the
adjustment.
Attachment B
PROPOSED AMEI\DMENTTO
GLEN LYON SPECIAL DEVEIOPMENT DISTRICT #4
PURPOSE OF THIS AMENDMENT
This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD li4. The purpose
of this SDD amendm€nt is to correct and clarify existing and allowable uses within Tract
K
BACKGROI'ND ON SDD #4
SDD #4 was originally approved in7976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone
dishict. Tlpically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed iu the
SDD.
SDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development level and changes to
development areas.
When oriFnally approved in 1976, SDD #4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately97 acres and allowed for a
wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing
mixed-use character.
Itr1977 SDD #4 was amended to include the same fourDevelopment Areas (Areas A-D)
with the addition of a40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres of 'Dedicated
Ope,lr Space". As indicated in the 1977 arnendment, the total land area of the SDD was
approximatel y 92 actes.
SDD #4 was amended a number of times following the 1977 amendmenl most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town of Vail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two ofthe four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
kr April of 2004 a l996letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review of a new
mountain acce'ss road that would be located in part over Tract K.. The accessway location.
and design contemplated in 1996 was very similar to the plans cunently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD #4.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalk" appear to be a pegmitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD #4.
PROPOSED AMEI\DMENTS
The following amendments and development approvals are proposed to SDD *14:
r Create a new development area - Development Area E, this area will consist of "Tract
IC'.
' Establish allowable uses within Development Area E to include:
Permitted Uses
1. Utility conidors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
r Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. ln order to
more clearly define the approved development plan for Tract K, it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for thi-bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. It shall be the burden of the applicant
to demonstuate that submittal material and the proposed development plau comply with
each of the following standards, or demonshate that one or more of them is not
applicable, or that a practical solution consistent with the public interest has been
achieved:
A. Compatibility: Desip compatibility and sensitivity to the irnmediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
Uuiiaing neight, buffer zones, identity, character, visual integfity and orientation.
ResDonse
Numerous snowcat access alignments have been studied over the years. The
proposed 5su1s minimizes impacts on the site and impacts to surrourding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as a whole'
B. Relationship: IJses, activity and density which provide a compatible, effrcient and
workable relationship with surrounding uses and activity.
Response
The limited uses proposed for Development Area E are consiste,lrt with Tract E
..open space dedication'designation, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Ioading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Title.
Response
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development diskict is
proposed.
Response
A geotechnical analysis has been completed in conjunction with the design of the
snowcat access road.
F. Design Features: Site plan, building design and location and open space provisions
desigfred to produce a functional development responsive and sensitive to nahrral
features, vegetation and overall aesthetic quality of the community.
Response
The snowcat accessway has been desiped in order to minimize both cut/fill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part ofthe bridge/snowcat accessway.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
Response
The new snowcat access is proposed in order to remoYe snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction oftraffic on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural featutes, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development ofthe special
development district. (Ord. 2l(1988) $ 1)
ResDonse
Iaitiallylroposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intake/vault, new snowmaking lines up Vail Mountain and a new bridge over
Gore Creek. Phase I would be done the summer/fall of 2@4. Phase tr would
consist of the $rou/cat accessway up Vail Mountain. Ths timing for completion
of Phase tr is to be determined. If the SDD ame,ndment process is resolved in a
timely manner the accessway could be constructed in 2004. As an dteinative, it
is anticipated tha! the accessway would be constmcted in 2005.
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O,?aff Attachment C
ORDINANCE NO.11
Series ot 2O07
AN ORDINANCE AMENDING ORDINANCE NO. 11, SERIES OF 1999, SPECIAL
OeViUOpUeNT DISTRICT NO. 4, CASCADE VILLAcE, TO ALLOw FOR A NEW
OiVeUOpmeNT AREA LOCATED AT TRACT K, cLEN LYON SUBDIVISION, AND
SETNNG FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the VailTown code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendmenl to
Special Development District No. 4;and
WHEREAS, the Planning and Environmental commission of the Town of Vail
has recommended approval of this major amendment at its April 9,2007 public hearing'
and has submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend Special Development Dislrict No' 4'
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
sectlon 1. ordlnance No. 11, Series of 1999, is hereby amended as follows:
(defetions are shown in eirike{hn#gwadditions are shown in botd italics)
Established
A. special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. special Development District No. 4 and the 97.955
acres may be referred to as'SDD No. 4'.
B. The district shall consisi of four separate development areas, as identified
in this ordinance consisting of the following approximate sizes:
Area Known As
Cascade Village
Coldstream Condominiums
Development Area
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
Tract K
Dedicated Open Space
Roads
TOTAL
Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in slrike+hreugf/additions are shown in bold italics)
Development PIan - Rquired - Approval Procedure
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. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan tor Development Area E shall be established through the review and
approval of a design review application and/or conditional use permit
apptlcation. The developer shall have the right to proceed with the development
ptans or scenarios as defined in the development statistics section of this
ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the
MunicipalCode.
Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(defetions are shown in st+ike-lhretgrh/additions are shown in bold italics)
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-
A
B
c
D
E
4049e
Acreaoe
17.955
4.000
9.100
1.800
8.322
32.078
4.700
97.955
7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or
"street level' shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, and otfice except that no professional or business office
shall be located on slreet level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space having a maximum square footage of 925 square feet localed on the
first floor on the northwest comer of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium'
B. Area B, Coldstream Condominiums
1 . Two-family dwelling;
2. Multi-familY dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the
MunicipalCode.
D. Area D. Glen Lyon CommercialSite
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-'13 ot the Municipal Code.
J
E. Area E, Tract K
1. Bicycle and pedestrian paths.
2. lnterpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open sPaces.
Sectlon 4. Ordlnance No. 28, Series of 1998, is hereby amended as follows:
(defetions are shown in elrike threugh/additions are shown in bold italics)
ConditionalUses
Gonditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Special attraction;
4. Skilifts;
5. Public park and recreationalfacilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Skilifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Skilifts;
D. Area D, Glen Lyon CommercialSite
1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E. Area E, Tract K
1- Public parks.
2- Public utility and public seruice uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6- Snowmaking tacilities.
7. Other uses customarily intcidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
excePtion ol buildings.
Section 5. lf 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
ol 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, senlences, clauses or phrases be declared invalid.
Section 6. 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 7. 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 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the e)dent 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 lN FULL ON FIRST READING this 1s day of May,
2007, and a public hearing for second reading of this Ordinance sel for the 15th day of
May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
6
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
-
day ot
-........-
2007
Attest:
Rod Slifer, Mayor
Lorelei Donaldson, Town Clerk
'
rufl[0rl/ilt
Attachment D
. THIS ITEM MAY AFFECTYOUR PROPERry
PUBLIC NOTICE
NOTICE tS HEREBY GIVEN that the Planning and Environmental commission of the
Town of Vai! will hold " puOti. hearing in accoidance with section 12-3-6' Vail Town
Cia", on , Aprit 9, 200i, atl :00 pm-in the Town of Vail Municipal Building' in
consideration of:
A request for a final review of a major exterior alteration, pursuant to section 12-7A'12'
drtliioi nrt"r"tions or IrllooinLtions, Vail Town code, to allow for the addition of an entry
6;tr;;, iocatea at zgz easi'r,rreadow Drive (Mountain Haus), part of Tract B, Vail Village
Filfi i, anJ ietting forth details in regard thereto' (PEC07-0012)
Appiicant VailEstates, represented by Paul Smith
Planner: Bill Gibson
A request for final review of the prescribed zoning regulations, purslant to section 12-3-
Z, ni,."nOr"nt, Vail fo*n Code, to allow for modlfications to Section 12-6A-9' Site
Coverage, Vail Town CoJ", i" increase allowable site coverage from 15% lo 2oo/o'
spoooi" br"er estateJSubdivision, located at 914 through 1326 Spraddle Creek Road'
r;t" i_r-s,
"nd
setting forth detaits in regard thereto. (pEc07-0013)
nppfionti - Sprad?b Creek Estates Homeowners Association, represented by Dave
Kaselak of Zehren and Associates
Planner: Warren CamPbell
Arequestforfina|reviewofanamendedflnalplat,pursuantlg-Chaoter13-12'
Exemption plat Review Frocedures, Vail Town Code, to allow for modifications to platted
gross residential floor "r* "no
site coverage limitations, located at 914 Spraddle creek
Ho"O, r-ot" r-ts, Spradoie cre"r istates Sluuoivision, and sefting forth details in regard
thereto. (PEC07-0014)
nppfiont', - Spraddlil Creek Estates Homeowners Association, represented by Dave
Kbselak of Zehren and Associates
Planner: Wanen CamPbell
A request for a final review of an amended final plat, pursuant..to chapter 13-12'
i""rn'Jtion plat Review Froceoures, Vail Town Cod-e, to amend the platted building
*""f,ip" tr"ir), *itnin in" rreni Zniemer Subdivision located aI1677 Buffehr Creek
Road/Lots 1, Eleni zniemer subdivision, and setting forth details in regard thereto'
(PEC07-0015)
Applicant Doug Weltner
Planner: Wanen CamPbell
Page 1
A recommendation to the Vail Town Council of a major amendment.to- a Special ,i,il*
Devefopment District (sDD), pursuant to section '12-9A-1O, Amendmel
Vail rown code, to arrow for an amendment to speciat DevelopmentT'5,t""ffl"t5:, f,ftloll
C"scaOe Village, to allow for a new development area located at Tract K, Glen Lyon
Su5Civision, aid-setting forth details in regard thereto. (PEC07-0017)
Applicant Vail Resorts, represented by Jay Peterson
Planners: Bill Gibson
The applications and information about the proposals are available for public inspection
ourirdSm"" hours at th; itil of Vail Community Development Department, 75 South
FiontEg" Ro"o. rn" public is invited to attend project orientation and the site visits that
pl"*At tttr prUti" n"iring in the Town of Vail Community Development Department'
i'fease can silo-+lg'2'138 for additional information'
sign language interpretation is available upon request, wjth 24-hour.notification. Please
cilt SIO:'+T{-2356, Telephone for the Hearing lmpaired, for information.
Pubfished March 23, 2O07,in the Vail Daily'
Page2
@
TOI,{]\' OFVAILIV
. Rezoning. Major Subdivision
. New Special Development District $6000. Maior Amendrnent to an SDD $6000
fi nu:* arnndrnent to.an SDD
tno extenor modfitcatonst
Description of the Request: Av*.t * Lo^c,r\ A-o
. Conditional Use Permit. FloodplainModification. Minor Exterior Alteration. Major Exterior Alteration. Develooment Plan. Amendment to a Development Plan. Zoning Code Arnendment. Variance. Sgn Variance
Application for Review by the
Planning and Environmental Commission
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2139 fax: 97O.479.2452
web: www.vailgov.com
General lnformation:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitling a
building permit application. Please refer to lhe submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
$1300
$1500
$650
$650
llo
/ u
$650
$400
$650
$800
$1s00
$250
$1300
$500
$200
Location of the Proposal: Lot:Block:srbdl"ld"", 5 ., L A"r\)t cJ
^,
IA
(Contact Eagle Co. Assessor at 970-328-8640 for parcel no.1
Zoning;9DD
Physical Address:
Parcel No.:
Name(s) of Owner(s):
Mailing Address:5 5. F..^.\rr,l. Q.l'. .
'{ ?qF Zt rc
Owner(s) Signature(s) :/,,_/ @'+8.6
Name of Applicant:t/ tru fl.-:,'. +.,
Mailing Address:? .r So*"1 lr-$ , 1o 8\@t?
Phone: q1Q Sool
E-mail Address:Fax
For Office Use Only:
Fee Paid:
Meeting Date:
Planner:
Page I of 5-04/01/04
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EB
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atl
. *{r*t}*'l**aa*l*r}r'|*fa**t*l*+***a*fa'}***t't**at*+*l*alalla:a||**t**f+*ttttll'|*****'t*rrar*r*rrttt't't*
TOWNOFVAIL, COI.oRADO Statement
gtatemeDt lfirnber: R0,10005939 Arcunt: $1,250.00 06/02l2OO4L2:O2 PM
Palment Metbod: Clreck Init : iIS
Notalion: #3?6o/BRAIIN
essoctaTEs, rrc.
Permlt No: p8C040034 Tlpe: PBC -Mlnor SDD Arnendnent
ParceL lfo: 210105400003gl.te Address: ?5 g FRoITTAOE RD wBaT varr,
Locatl.oa: soulH oP 934r s. PRoIITAGE IIEST
Tota1 Fee6: $1,250.00tbie Pal4ent: $1,250.00 Total AIJtrJ hta: $1,250.00Balance: $0.00
ACCOUNT ITEM LIST:
Account Code Description
PV OOIOOOO31125O() PEC APPLICATIOT'I FEES
Current ffis
1 ,250 . 00
Chicago Tide Insurance Company
ALTA COMMITMENT
Schedule A
Our Order No. vC50001020
Cust. Ref.:
Property Address:
TRACT K. GLEN LYON SUB
l. Effective Date: May 07,2003 at 5:00 P.M.
2. Policy to be Issued, and Proposed Insured:
Information Binder
Proposed Insured:
THE TOWN OF VAIL. A COLOMDO MUNICIPAL CORPORATION
3. Tho ostate or interest in the land described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or interest covered herein is at the effectivo date hereof vested in:
THE TOWN OF VAIL, A COLORADO MUNICIPAL CORPORATION
5. Tho land referred to in this Commitment is described as follows:
TRACT K. GLEN LYON SUBDTVISION. ACCORDING TO THE AMENDED RECORDED PLAT THEREOF,
RECORDED JULY 18, 1978 IN BOOK 272 AT PAGE 370, COUNTY OF EAGLE, STATE OF
COLORADO.
ALTA COMMITMENT
ScheduleB-Sectionl
@equirements) Our Order No. VC50001020
The following are the requirem€nts to be oomplied with:
Item (a) Payment to or for the account of the granton or mortgagors of the ftll consideration for the estate or
interest to be insured.
Item O) Proper lnstrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to-wlt:
Item (c) Payment of all taxes, charges or assessments levted and assessed against the subject prerdses which are due
and payable.
Item (d) Additional requirements, if any disclosed below:
THIS COMMITMENT IS FOR INFORMATION ONLY. AND NO POLICYWILL BE ISSUED
PURSUANT HERETO.
ALTA COMMITMENT
ScheduleB-Section2
@xceptions) Our Order No. VC50001020
The policy or policies to be issued will contain exceptions to the following unless the same are disposed
ofto the satisfaction ofthe Company:
l. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens, enclmbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitnent.
6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office.
7. Liens for unpaid water and sewer charges, ifany..
8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section I of Schedule B hereof.
9. RIGHT OFPROPRIETOR OFAVEIN ORLODETO EXTRACTAND REMOVEHIS ORE
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48
AT PAGE 542.
IO. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16.
1909, IN BOOK 48 AT PAGE 542.
II. RESTRICTTVE COVENANTS. WHICH DO NOT CONTAIN A FORFETTURE OR REVERTER
CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION,
OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED APRIL 04, 1978, IN
BOOK 268 AT PAGE 698 AND AS AMENDED IN INSTRUMENT RECORDED AUGUST 25,
1987. IN BOOK 468 AT PAGE 447 THROUGH 472 AND AS AMENDED IN INSTRI.JMENT
RECORDED SEPTEMBER 15, 1987, IN BOOK 469 AT PAGE 8OI, AND AS AMENDED IN
INSTRUMENT RECORDED MAY 2. 1990 IN BOOK 528 AT PAGE I54
12. EASEMENTS, RESERVATIONS AND RESTRICTIONS AS SHOWN OR RESERVED ON THE
AMENDED RECORDED PLAT OF GLEN LYON SUBDIVISION.
ALTA COMMITMENT
ScheduleB-Section2
@xceptions) Our Order No. VC50001020
The polioy or policies to be issued will contain €xceptions to the following unless the same are disposed
of to the satisfaction of the Company:
13. RIG}IT OF WAY EASEMENT AS GMNTED TO HOLY CROSS ELECTRIC ASSOCIATION. INC.
IN INSTRUMENT RECORDED APRIL 24. 1978 IN BOOK 269 AT PAGE 277.
14. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION INC. IN
INSTRUMENT RECORDED SEPTEI\,BER 20. 1983 IN BOOK 368 AT PAGE 780.
15, EASEMENT AS GRANTED TO VAIL ASSOCIATES, INC. A COLORADO CORPORATION IN
INSTRI,JMENT RECORDED OCTOBER 18, 1984 IN BOOK 397 AT PAGE 4OI.
16. EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCI.ATION. INC. IN INSTRT'MENT
RECORDED AUGUST 8. 1990 IN BOOK 535 AT PAGE 326.
SDD #4 Amendment
Adjacent Property Owners List
May,2004
l
TOWNOFVAIL
75 SOUTH FRONTAGE ROAD
VAIL, CO 81657
1
ADAM,NANCY SHAPIRO
4975E PRESERVE
GREENWOOD VILLAGE. CO 80124
l
SMITH,ruSTINEH.
43 SOUTH SHORE CT
HILTON IIEAD ISLAND. SC 29928
l
G. LOVENLLC
934 S FRONTAGERD
VAIL, CO 81657
l
VAIL CORP
PO BOX 7
vArL, co 81658
l
WESTHAVENREALTY LLC
1127 LAKE AVE
GREENWICH, CT 0683I
l
GLEN LYON OFFICE BUILDING
C/OANDREWD. NORRIS
IOOO S FRONTAGE RD W STE 2OO
VAIL, CO 81657
I
U.S. DEPARTMENT OF AGRICULTTJRE
FOREST SERVICE
24747 U. S. HIGIIWAY 24
MINTURN, CO 81645
I
ynne
From:
To:
Alex Linn <axlinn@comcast. nef>
<szemler@vailgov.com>, <rfonest@vailgov.com>, <gruther@vailgov.com>,
<bgibson@vailgov.com>, <commdev@vailgov.com>, <mmire@vailgov.@m>, <ffritt@vailgov.com>,
<gmoffet@vailgov.com>, <klogan@vailgov.com>, <kruotolo@vailgov.@m>, <ddonovan@vailgov.com>,
<dcleveland@vailgov.com>, <rslifer@vailgov.com>
Date:
Subject:
081021200/. 9:20:41PM
Track K Development
Dear Members of the Vail Town Council and Town Officials:
We live at 1350 Greenhill Couil in the Glen Lyon SuMivision. We had
planned to attend the Tofln Council meeting on Tuesday, August 3, in order to
speak personally to the Council of our opposition to the snow cat access way
and other major changes wtrich are being proposed to be built by Vail Resorts
on Tract K of the Glen Lyon Subdivision.
We have been called away unexpectedly, and will not'be able to aftend the
Council meeting, so we are sending you this email.
We strongly oppose the snow cat access way, roads, bridges, retaining walls
and the other major changes as they are currently being proposed for Tract
K.
We believe that these changes are gross violations of the Protective
Covenants fror Glen Lyon Subdivision, which the Town of Vail signed and
agreed to 25 years ago. The Protective Covenants permit ski ways, catwalks,
trails and other low impact things on Tract K, but they prohibit all other
development and activities which alter, deface or damage the natural
condition of the vegetation or the aesthetic quality of the natural
environment of Tract K, or which may c€ruse permanent disruption or
alteration to the surface, or which may be noxious or offensive.'
lf the Town approves the snow cat access way, roads, bridges, retaining
walls and other major changes to Tract K which are being requested by Vail
Resorts, the Town will not only be breaking the Protective Covenants which
is a legal document, it will be breaking all trust with the people of the
Glen Lyon SuMivision. lf the Town breaks the Glen Lyon Protective
Covenants, how can anyone trust the Town to live up to its other agreements?
The Town Council is an elected body enrusted to represent the people who
live here. Breaking this covenant would be a breach of their dug to their
constituents.
The proposed changes to Tract K do not affect us directly. But we believe
the Town will be breaking the law and breaking faith with ib residents, if
it approves the major changes requested by Vail Resorts.
We urge the Council to deny Vail Resorts request to make these illegal
changes to Tract K.
Sincerely,
Alexandra and Robert Linn
PROPOSED AMENDMENT TO
GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4
June l,2004
PURPOSE OF THIS AMENDMENT
This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD *F4. The purpose
of this SDD amendment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROUND ON SDD #4
SDD #4 was originally approved in1976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone
district. Typically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed in the
SDD.
SDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development level and changes to
development areas.
When originally approved in1976, SDD #4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing
mixed-use character.
In 1977 SDD #4 was amended to include the same four Development Areas (Areas A-D)
with the addition of a 40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated
Open Space". As indicated inthe 1977 amendment, the total land area of the SDD was
approximately 92 acres.
SDD #4 was amended a number of times followingthe 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town of Vail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two of the four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
In April of 2004 a 1996 letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review ofa new
mountain access road that would be located in part over Tract K. The accessway location
and desigrr contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD *14.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalk" appear to be a permitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD #4.
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD #4:
. Create a new development area - Development Area E, this area will consist of "Tract
K".. Establish allowable uses within Development Area E to include:
Permitted Uses
l. Utility conidors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
r Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract K, it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for the bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. 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:
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.
Response
Numerous snowcat access alignments have been studied over the years. The
proposed route minimizes impacts on the site and impacts to surrounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as a whole.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response
The limited uses proposed for Development Area E are consistent with Tract E
"open space dedication" desigrration, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Title.
Response
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
E. Natural And/Or Geologic Hazard: Identification and mitigation of natural andlor
geologic hazards that affect the property on which the special development district is
proposed.
Response
A geotechnical analysis has been completed in conjunction with the design of the
snowcat access road.
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 quality of the community.
Response
The snowcat accessway has been desigrred in order to minimize both cut/frll
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part ofthe bridge/snowcat accessway.
G. Traffic: A circulation system desigrred for both vehicles and pedestrians addressing on
and off-site traffic circulation.
Response
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction of traffic on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and presewe natural features, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
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. (Ord. 21(1988) $ l)
Response
Initially proposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intake/vault, new snowmaking lines up Vail Mountain and a new bridge over
Gore Creek. Phase I would be done the summer/fall of 20O4. Phase tr would
consist of the snowcat accessilray up Vail Mountain. ffis timing for completion
of Phase tr is to be determined. If the SDD amendment proc€ss is resolved in a
timely manner the accessway could be constructed in 2004. As an altemative, it
is anticipated that th€ accessway would be constnrcted in 2005.
I tgRtt,4gR.AtUN ASSocilA]-lES, tNC.
PLANNING and COI'4MUNl ry DEVELOP|4ENT
June 1,2004
Mr. Bill Gibson, Town Planner
Town of Vail
75 South Frontage Road
Vail, CO 81657
RE: Proposed Amendment to SDD No. 4
Dear Bill,
Enclosed you will find a proposed amendment to SDD No. 4. As you know, this
amendment is an off-shoot of the proposed snow cat accessway that is located in part on
Tract K. lnformation provided includes the following:
l. Application form,
2. Written summary of the proposed amendment
3. VicinityPlan,
4. Existiug Cuirditions Map, and
5. Development Plan for Area E/Tract K
As prescribed in the SDD section of the Town's zoning code, the extent of adjacent
property owner notification is to be determined by staff. I will provide adjacent property
olner's list and envelopes after clarification from you as to who needs to be notified.
Please do not hesitate to contact me with any questions you may havc or rf you need any
additiorral information.
Thomas A. Braun
Encl.
Cc: Jack Hunn
Jay Peterson
Sincerely,,"
)*-\! kir
Edwards Village Center: Surte C-209
0105 Edwards Village Boulevard
Pod Ofice Box 2658
Edwards, Colorado 8 | 532
Ph. - 970.976.7575
Fax - 970.926.757 6
www.braunassociates.com
PROPOSND AMENDMENT TO
GLEN LYON SPECIAL DEVELOPMENT DISTRJCT #4
June 1,2004
PURPOSE OF' TIIIS AMEI\DMENT
This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD #4. The purpose
of this SDD amendment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROUND ON SDD #4
SDD #4 was originally approved inl976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone
district. Typically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed in the
SDD.
SDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development level and changes to
development areas.
When originally approved in 1976, SDD #4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing
mixed-use character.
Ir 1977 SDD #4 was amended to include the same four Development Areas (Areas A-D)
with the addition of a 40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated
Open Space". As indicated inlhe 1977 amendment, the total land area of the SDD was
approximately 92 acres.
SDD #4 was amended a number of times followingthe 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town of Vail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two ofthe four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
h April of 2004 a 1996 letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review of a new
mountain access road that would be located in part over Tract K. The accessway location
and desigrr contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require arnendments to SDD #4.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalk" appear to be a permitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD #4.
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD #4:
r Create a new development area - Development Area E, this area will consist of "Tract
K".. Establish allowable uses within Development Area E to include:
Permitted Uses
L Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
. Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract K, it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for the bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. 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:
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.
ResDonse
Numerous snowcat access alignments have been studied over the years. The
proposed route minimizes impacts on the site and impacts to surrounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as a whole.
B. Relationship: Uses, activity and density which provide a compatible, effrcient and
workable relationship with sunounding uses and activity.
Response
The limited uses proposed for Development Area E are consistent with Tract E
"open space dedication" designation, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Title.
ResDonse
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban desigrr plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
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.
Response
A geotechnical analysis has been completed in conjunction with the desigr of the
snowcat access road.
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 quality of the community.
Response
The snowcat accessway has been designed in order to minimize both cuVfill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part ofthe bridge/snowcat aqcessway.
G. Traffic: A circulation system desigred for both vehicles and pedestrians addressing on
and off-site traffic circulation.
Response
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction of haffrc on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
L Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district. (Ord. 2l(1988) $ 1)
Response
Initially proposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intalce/vailt, new mowmaking lines upVail Moutain and anewbridgeover
Gore Creerk. Phase I would be done the summer/fall of 2004. Phase tr would
consist of the snowcat acc€sswry up Vail Momtain. The timing for completion
of PhaE€ tr is to be deternined. If the SDD ameirdment process is rcsolved in a
tinely manner the accessway could be conshrcted in 2004. As an altemativc, it
is anticipated that the accessway would be consFuctod in 2005.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed tkough the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two of the four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
In April of 2004 a 1996 letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review ofa new
mountain access road that would be located in part over Tract K. The accessway location
and design contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD *14.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. ln addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway'' or
"catwalk" appear to be a permitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD #4.
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD #4:
r Create a new development area - Development Area E, this area will consist of "Tract
K".. Establish allowable uses within Development Area E to include:
Permitted Uses
l. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
TRACKI(GLENLYON
. March 1976: Ordinance 4 of 1976 - TOV annexes "Lionsridge" area
. March 1976: Ordinance 5 of 1976 - SDD #4 established, Tract K part of
development "Area C". ..Ski lifts and Tows" conditional uses in areas A, B, & C.
o November 1977: Ordinance2S of 1977 - SDD #4 "Dedicated Open Space"
development area created.
. April 1978: Glen Lyon covenant restrictions for Tracts B, C, D, E, F, G, H, J, K &
"stream hacf'
. July 1978: Tract K deeded fr,om Gore Creek Assoc. to TOV
r August 1983: conditional use permit approved "to constnrct the Westin-Ho ski
trail in Special Development District #4"
o June 1986: conditional use perrnit approved "in order to construct a ski lift at
Cascade Village"
o June & September 1987: Glen Lyon covenants amended to allow bridges, lifts,
mazes, bails, equipment, etc. for Tracts J, H, & "stream tracf'
o December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with "ski
liff'conditional use in areas A, B, & C
A!,IENDMENE TO
PROTEqTIVE COVENAI{TS
0r
GLEN LYON SUEDIVISION
16.1 tiju
,ou. 2!b6
nt'. 94-7 -t0 .; ,..1.- i irl
!.'.[i i \, i l. r'r- .' '
tr ?5 ll rc lil'$l
I
\1L
..1t
,'1.,\
).'
.'d
Ttria Ancndueng co Protcctlvc Covgaant! qf -p1cn Lyon-
il33*: f*:i 1: :* ""1,H3, :' .?
f
. :h i: "# rtl', "i' ffi
"^22'
; I :1"itii oiri"telv-owned land tncludrd slthin thc bor.ndarlcr of Glen
Lvon'("Gten Lyon SubdLvirton") r! !.t forth on thc Lncndcd PIat
i6r cien Lvon-Subdtvtalon rccordcd July 18' 1978 ln Book ?.i2 gc'
Prge 370 lir the rccorde of Eagh County' Colorrdo.
RECITAL9 K
Bv Protectlvc Covcnentr of Glen Lyon Subtllvirron
("Coviiranig") recordcd Aprll 4, 1978 1; Eook 26E ac Page 598' of
iha rccords of Eaglc Ccuirty, Coloredo, Osner (ar thac tctro 1!
altfneO Ln the Coicnante) iipored certatn soltslcttong on cersrtn
real orolrertv locar:ed ln Eeglc Coutrty' Golotado knoun er GIeo
ivon SuUir.rtilon. Pureuant-to Paragiaph 18 of the Covcnant' the
C6rrlnaots uay bc aaended by the rrtEtcir conscnt oE 75i of t1.,.
orners of thl surfaca lree-of Glcn Lyon Subdlvlrlon. jhc
underst rncd rsprcrcnt aG lcrrt 75t of ruch rurfecc araa rnd
dcelro io aocn'l ch. Covcuarrtt a6 rct forth bclos.
AI{EIOMENT
t'or sood and valuable conrt dcratlon the oancra hcrcby ancnd
the Declaiatlon ee follorar
l. ?araSreph 1.4 tr encndcd by thc rddltlon o! e nou
paragraph to riad- el follotrr I
"Podestrlen brldger, akt l1f:s' llft ueze llncr' skl
tratls and rclated cqulP.lent and ltntcturcr nay bc
.oniinrct.a on Trsct-J,'Trect H and thc Slreao Trect."
2. Ttre second paragraph of Paragra2h 1.4 1g hatcby aoended
ln lts entlrccY co read as followrr
t'Excep! for thc rtructurGa uhlch uey bc placed on Tracc
J, Traic lt'and the strean Traclr no othei rtructure, elther
teaDolary oE Peroanent, shall be erected, qonstrucled or
perittte-d to ieoaln on the SubJcct Tractr."
\"c.160
dh'
ttl
i.,ii
td
ii;j
i:l
3. fhlr Asrendnrcn! to Covenantl Es/ h cxccu'-cd-tn.oavcral
oo,rrr.iio"rii-rt i"t,iiiii-tir..n-i"ia:dhir rhall conrrltuto a rtngtc
iilffi[;i -inl"tt,ir "ii'"'"i.iirl !t iii- u"conr ef (cct ! vr upon thr
;;;;;ili;.--in iiii-ril;;i;-;i siiii countv' corordo or .
ffill::ii1il:-ifii:$'}#li;ffiiii"if "'. r'rt 75r o*h'
Executtd aa of thc daie fl'rt ebovc rtlttcn'
Ollt{ER t
A
STATT OF Loloo"'a
coltNTI oF 4
rf 6i , uy lo e z0,*; , a,
ffi@dlcetsd
hand and offlclel rcel'
STATE OF 4rZ '
A
COTNTY OF Jl.a..s '
The forego
Subdtvlslon tlaa
f ore go lng. Aoeldr- rt .to iro tc':tiI? -CoiT""ll- tlrG 12-.1o1
)) .r.
)) 3t.
)
,.dLH*,
crccC
abovtr .
l{ltncrr nY hand and offlclrln
Hy couurLurlon cxPlrcel. )ry
or Trac an Lyon su
arrl .
7fi t??o
n
o csry
z
/ €/l -?; G---r-.*' -r,?i'- r''
LOr OEtt*c, 41
Thc foregolng Anend,lent' to-ProteccLvc Covcnanir to-G{r;n t-yon
subdlvlston qt. ""rrioii.aiita ui rorr ac .thlr .-{{.111-of b='
ffiery%
p,a^*n,Ac, lotu,^
?ttblioqb. _t "._I
?ROTECaI!'E C{)VENAmS
OF
. cl.EN LYoN SttlDlvlsroll
. rornr oF v lL
r cr.E coulrTr. @t RAm
ll EnEAs. tho Torn of Vell, e Colorado Hunlclpal Corporat!
r'.'.*'
md Gorc Crcck Artocl.toe. r Rhode Island Llottld Parrnershtp rie'.''-.i
thc ovncrr of cer!.ln rcel propcrty t'ocrced ln che Tolln of va f f.'..ri.$Enc ovncrt er .'Err.... .E-. r.vrE.L, -- .--.*]
County of EtE,l., Colorado (hetelneftcr rcferrcd to ar "SubJect ii. .'.,:i
Lnd"), portlont o! vhtch hrvc bcon PIrEBcd rs thc GIen Lyon Srib-l
dlvtrlon ("clcn Lyon"). DorG Prrllcularly dercrlbca fn Exhfuri.:A ;
rttrchcd hc:cBo end by rhlr rcferencc r:rade r prrt hereof; ana .fi
fll|EnfAs. the ToLn of V:il and Gorc Creek Assoclatcs (trerli.f
lnafBcr sooct ttnc! rcfcrred to rt "Gtncr"), deslre to placc certai,. 'l
rrrtrtctlon: on thc usc of lh. Subject Lcnd for the bencftt of ':
Ovncr rnd Ghc p,rrntccs. succ€sEor! or asslT.ns of core Crcek Associr
ln ordcr tu ercebltrh and natntaln the chsrac!.r and value of rca!
cstrtc [n Ghc vtctnicy of thc Tovn of lail.
!lo!l THEREFORE, ln constdcratiur of thc prentses, tlre Tor"n -!i -
' :"' :
of Vrll and Gorc Crcck Arrocl!te! for (hcnsclvcs and thetr rrcntcei,:sl.r-l
ruccc!rorr rnd erlllnr do hcrcby lr.Posc, cstrbllsh. publlsh. :.i:' :. s:
acknovlcdgc.declarc end rgrcc "i'th, to snd for rhc hcncftt ot att'':::il
pcrrorr eho rr57 acqulre en lnlcrcct ln :rny of '\e trrcts or tots fn.;iil
'...cl€n Lyon subdivt!ton. subjsst lo thc fo! !o'..'lnl. rcttrl'"1lons.. '. - t^':,
,, 1.:: :
OtJncr. thcir rcsp€ctlvc Frlntec!. succcssors nnd nssltns.
,i:i,'. i
. '....: i
4tena ;.
covcnrnt! end condltlons, oll of ehish :hall bc deo'ro.t to run vi th:1|'ltii
thc lrnd rnd to lnurc to thc bcncflt of and bc binrtinl uPon thc :'tC;:i.;ri
'i
d-shall be used for che followlng PurPoses:
:"";.3""",-:;"" to incrude no! rnore tt"" ::"tj;il
/secondary dwellinp' unics' as aescri!;''l$':. t'i.
I
Prr
che T
1.2
1.3
1.4
i .E ,. ..,;r-_:;.;,-i.i l.r*iii_i ,.i,_.:r-.
ir"" $azor enclosed sarsee' .:::,ii.itiI+*Ffr:i:tt,*il
=-;:?ii'..+:iii*'::;
,. . ..i.;!-_:;;,-i.rl1*i11i ..i_.:-r..fi
-. : .,tli#
"+'A!:Si.-rr.
i't:it i:'i
'"{ l;;1ia1::i!::i:':'r -'':; i6rse F'-' - - . ..;ed ror rurci-€amily resid:n!-i..arlj.il;1.1.,.1
Lot 53 shalI be useo !or ris'!- --- .:,.riil;.*.iilrii:._ii:.r.-.,.,,
^F€- ci?egE ';l'l.-r|:;'-:..' :- - I '-':.:
Lt<rEe \ - li:.i-:-t. ,-....:j_
claio Deed daced Ja::rra:"' 1. 1973 and recorrif, :i.-,' j':" ':'1
Book 265 ar' Paec iCi o: the rccords oi che"E"tt"-,
--1Sook 265 ar' Pagc :iiji' or r-'r.' r\s-'-- . -l
-.'._i ^^ :
Gouncy CIerk irr'ti lie coril'':r' s o"
"
rcc ' r13)' O:'tj."j9-',r I t
-- ,',';i
scaped lnd rr.;e.l ;11r :r f ictric :rrt'n "t"" :t:.:-.!rui'tl:t.
ti
r";;" :":r.t"trcr'l anij n:r!nraincc 5ricnic -ri9i".*'
'' t
and bencirur. ;'irl: !'etrt'i:cs ' f "rclllces ' barUc';.u". ' ':
r-'e B, C, D. i'
pics and Lr'ash con:aitrcrs' -t'rr!J -'
-:-pi cs ano Ll'r:rrt !v"--'-'
F, (i. :i, .j, l:':1":\l !l"r' st:'rri'1:1 "racL
are hcrcinafrer
rcferrcd to :rs L i''t' "S!!!r'l,t'c" i'rrcis '
No ttructust ' 'tth'r tr4orrry or Prrotncnc I
rb.ll ba .r.ct'd. conrEructsd or PcrElttcd to reErln
on th. Subj.ct Tr'ctt, GxcGPt dccoratlvc ltcar con-
rlrtGnt vtth urr of th' Subj'ct Tlactt r8 r Plcnlc
erre .nd GxcGP! 'r hcrcln Plovldcd; and
No Prrt of thc SubJcct Tr'ctt !h!ll be ured
for car4lng. or overnltht tt!y! b)t lny Pelaona or
psrson!. nor rhrll thcre bc pcrolttcd' vlthln or
upon thc Subjcct Tr'ctt' any lnforul or orgenlzed
publtc or private ga thertnT' nor rny ochcr 'cc b'f
.an]' Person or Pertonr (except ar hcrclnaftcr
exprcssly PeroLlted) ' shtch' 1n the Judgnent of
lny ProPercy ol{ler o! of the ac;roprtatc offlclals
of ths Torn of Vrll' Colorado' may deface' alter'
rlertroy or damag'e thc nrtural condlclon of thc vcge-
lariorr or thc acsthsttc velue of the nacural envlron-
nlrntal quallcy of rhc Subrcct Ttactri
tmprovcnent3 nec'!ssly' deslrablc or conven-
lenl for rhe Prov!5lon and nllntcnrnce of uttllty
gervlces n8y be contrructed lnd ti'ritrLdincd throuf'h
or undcr Trrct A nnd thc Sublcc! Tracts' Provtdcd
that ruch ltnprovencntl rl'nll not c3u!€ J'ernancnl
dtcruprlon or alccrrtton to thc rurif,cs of TdJct '\
or thc SubJccg Tractr '
I'e
- l-
Htkers' PcdctGrllnt' tkl'rt rnd btcycl"r :r
GxPrcssly P3rl-rlld Eo tl'v'I h'rcon ProvldGd th3
rutf'c' of tsrcc A or thc Sublcct TrrcGt 'a' aoc
unrearonrbly d'rorteil by rrld rctlvltl'r'
z. DESTGN R!\'tElt BoARD . 1 , .1116r.1 18.5t o! thc
Thc Desl5'n Rcvici' Borld a: ctestcd by chapBer
r.unlcin^t Code ol the Tovn of Vall' Eaqle c('untY' colorado (hercln
called "Dertg'n Revlee Board"j shrll rPProvG or rojCcg
proposcd lmptovencn!l 91thin thc rrcr descrlbcd rt rh'
slr..a!: tract snd rhe recorded Pltt of GI'n Lyon subdivi-
slon of ''hl'ch thcsc reslllcrlvc covcnrnts lrc olde ' grrt'
l. EAsEvtNTs AilD RIGIITS -oF-liA't
l.I f,as€$ents gnd lg'hts-of -uay f or llP'hllns ' hcattnt"
€lecEr!cicy' gas' telephone' o"trrt t: sGreraRe
faclli!tcs' t'tfd"t p"ttt'' and anY othcr klnd of
Publlc or qu..si-publlc utlltty s€rvlce rre
rescrved "' ";:; on rhc PIaE or GI?n Lyon' ';trh'
ou: :ha Prlor wrt'tten Penn!8slon of :Lc Dcstt'n P'cvie\'
Board' no 6sn<'s' vall' hedg'c' barrter' or ot:r€r
lmProvcnenE shall be erected or nalntalnod on'
ncro3s or '"'*- tn" lrorr rescrved for easeoen!s lnd
rllhts-of-t'rv' or !n 3uch closG Prox1g|!ty' therelo
ts rc inPalt thc sccGrt lo or \rr{' thcreof' An
eascncFl for pedertrlan urc shrll Gxts'' 'rnC ir
herchy reservctt on' over and ncroBs tho!e Porllonl
of thc PInt of Glcn L;-on' rcecrvcd hercin for
u(ilitY sctvlcc anl faci!lrlca'
l
3.2 Er.cncntr for dralnagc purposc, ar!.rcacrved
':;.
!.!
3.4
rhc lot.
4, SIGNS
thcrcof ney br rpproprtatcly lendrcapcd,
"rbJ ";ri i;
thc provlelonr of rhcrr covcn.nta, Uy ttr" orrririai:lot, but ln thc evcnt tuch landsceplng f, af"trrJja
urc of thc e!!.t!ent, thc cost and expcnce of ..r'io.
ruch landrcaplng shall be solely rhlt of thc owncr
No rltnr. blllboerdr. portcr borr.ls o, .arr.rtt"frrg . ar:;.!iof any klnd rhall bo crectcd or rull.nrr!.ned on eny Loc or :..
rtructurc for eny prlrpotc uhatsoevcr, cxcapt such rtgns a|'-:.hrvc bcen rpprovcd by thc Deslgn Revlev Board ., .."lorr.bly
ncccrrary for thc ldentlflcaclon of residences and places ofbur lnet r .
5. IIATER AND SEUACE
Prtcr end Slnltltlon Dlstrrcr and chc acrrrtc flctlltr., o, an..r"'..,i.iUpprr Eaglc Valley Sanltarton Dlsrrlct. No prlvltc ,.ff "fr.f f . .bc ured.5 a rourcc of vrtcr for husran consunptton or trrt- ... .._
Erch ttntcturc dcrlgned tor occupancy or use by hue:nbclnge ehall conncct rrtth rha --, -- , :,,-'
--'--r rrqn ''the varer tacllttler of thc Vall .., . .,.
ertton tn cl€n Lyon nor elroll any facilrcy orher th.n thoscprovtdcd by thc Uppel Eaglc Vallcy Sanit.r(ion Dt!trtcr beutad for tho dtsporel of xeweo. v^-r-_,_-rrevate. Hcchenlcal garhage dtsposcl^ r..r n.EC orsPosclfaclllclc: rhall l,s provldcd ln cach ki(chcn o, foo.l ,..;.r;:",
'l
,
^n rh. pllt of Glan Lyon. : ..l:,S,.
E.scnentr for drelnegc purposcs rescrvcd f" th.:E:i
covcnrnrr .nd on thc Glen Lyon plat ahall ,. ,;"jlliE.re!.nt. rdj.ccnt to I lot but outsldc tt. forrrjl,
arct.
-5-
. 8 TRADE NAXIS
No rrork nrDa. rynbol, or coabtnatlon theraof rhal.ll
to ld.nt{fy for cotncrclrl purporcr r houlc, rtructuri
natt or rrrrl!.cr ln Gl.cn Lyon. unlcsr chc saEG ihrll
fllrt rpprov.d ln vrltlnE bt thc DeslEn Revlcn Board.
.1; . ...9. SECONDARY STRUCTURES .!. ?
' No sccondary dcteched arructuros shall be perrstctld
for garrgcr ind other out bulldlntr ar tpproved thd the:
R€viae Bo! rd.
'i:::IO. TEI{POMRY STRUCTIruS '.,..
No tchporrr)r 5tructurr. cxclvttlon. bascttrcrrt. trallc
tent rhlll be pernltted tn clcn Lyon, excepr "" ".y b".i!
durlnt constructton rnd rulhorlscd by tho Town of Vaf f .:.-!
TI. CONTINUIrT OF CONSTRUCTION
All, !tructurcr comenced ln Glcn
dtlltcntly to coEplerlon rnd rhell bc
of cororcnccsrcnc. crcept vlth rrrltten
Lyon shall bc pyli
completed vtthln li
conlsnt of the Torrn
Vat 1.
12. NUISANCE
No nox{our or offcnrlve actlvlty shrll
rhtll enythlng bo done or p..rEtttcd vht ch
publlc nulrencc ln Glcn Lyon,
I], TREES
. ,,iid,
bc carrled oniriFi
s he l I co1,r i r1.i. jliil
- li
No trc.r of e dlapoter of four(4) lnchcr or grcarer"afialli
b! cut doerr or rcmovcd Ln GIcn Lyon cxccpt vlrh the p.ti,t ;.1'r.r'it;rlctcn approvel of thc Dcsll.n Rcvlau Borrd. i,rl.i
";.::. I
-.-::: iIt. !^4..tt9: .1,,i- :.
Any butldlng, structure or lnnrovcmcnt ln ccrtaln 1oe.....
hczard arclr of Clcn Lyon. lrorc prrtlculnrly dcscrlbcd ln'.r
-s-
IE. A}GND}qYI
Thc codltlonr. r.rtrlctlonr..rtlpuleilon!. .EreeEcnrr rndcovl.rrntt contrln d ht:cln rhell lot b€ srtvcd, rbandoned, tcr_.Elnrtad. or arndrd rrc.pt. b, vrlttcn conr.nt of thc ovrcrr of :
751 of thr rurfrcr errr of tho prlvatrry-or.ncd l.nd includcd .:vt thln tl,e bor,rndrrLcr of Cl.a Lyon .s th. r..4 !.y b. rhcr.rf,orn by rh. pl.t on fllt ln tho Offlcr of thc Clcrk rnd ... .,Rccordrr of Eeglr Coulrty, Colorldo upon th. flltng of "u"t .
-
lrctn any nitur!l pcrson. pdr(ncrshtp. corporntion, associatlon .
&ndacnt rd th thc Clerk,r offtcG.
19. ETTMRCEFTNT
Enforca-nt of th.rc rpectal condttronr, st{pularions andproCactlv. covcn.nts rhall rert t.ltt the Tovn of Vrtl (ehethcr.-o'notlProPcrcyorncr)endth.ProP"rcyc'-;crsofci..t.yo,'.
rpproprlctG to enforcc the prov!.sions of this t.,"a..r""rra,lncludlng e denand for 1r Uunctlvc rclicf to prev€nt or re6€dythe thrc.tcncd or ex{stlng vlolirlon of chesc covenants rndfor dar:ragcs.
20. DEFINTTION OF PROPERTY OHNER
Aluecdlnthlrinrtrurrrcnt.thophrrsce..realpropertv
orlcr". "proporty ourrcr,,. or ,,ol.ncr of rerl properry.. shall
or orhar bu:lncrr rnci.cr or rrlotronship vhlch shall o.-_n enat(rto .r a co-tcnln! or othcnlse ln fee strnplc or fol 4 qqrn ..of not Icrg rhrn forty-nlno (40) ycarr in Jny porcton of rhclrndr tncludcd vlchln thc boundarlcg of Glcn Lyon. Such
ff eny pcrron rhall vlola Ee or ahrcatcn to vlolate |ny oftho provltlanr of thi.s tnrstruEen!, the To!.n of Vall or any.s.lg.:nc, Ene To!.n of Vall or anyPropcrty ovnrr of Gl.n Lyon. ln rddltlon to.rl! oiher .""rrob,.-,....,.rcncdlcr. nry enforce rhe provlsions of thls lnslrunrcnt ,,
-r,
..lnttlcuttng ruch proccedlngt at lau or tn equ{ty," =a* So
-9-
Phr.sc3 3h.ll not tncludr vtthlh thrl,r mrnln3 th. hold.r or
orrrcr of eny llcn or sacurad lntcr.rt ln lrndr or laprov.o.nta
lhrrcon vtthtn thr rubdtvlston, ::: rny pcrron cltlntn3 ra
cracEant or rltht-of-ury for urlllty, r.rrnrportatloa or othat
purposG through, ovcr or lerost .ny ruch lendt.
21. 5_E!:rB r-rl.r.T1
lnvalldrtlon of any onc of thc provlstonr ol thtt lnltru'
Ecnt by Judgnent or cour!. ordcr or decrcc :hll1 ln iro rtl aa .lf.ct
rny of thc othcr provlrlonr vhtth rhell rcrrln la full forc.
rnd cffcct.
r:\Fcu: r:D rhis
cc.c.I a!!!X AsSoCtATgS. I
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STATE OF COLoRADO )) rr.
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ThG for.Solnt lnrtttE nE rlls lcknor''ledScd before Ee thl!
- 4 -o'.,
ot 2-Ai l r, w 7 bv RoDIIEY E' SLIFER'
I ..
lLyor for'thc Tovn of Vrt'l '
ultnctt uY hlnd and offlclal
tY cocnlrrlon cxPlrel:
l{y Ccmrni:s:c:r :,i:c: S:;i ,, ll!!
-l l -
,.3lil "'$"?;l;B;.I. PARCEL OF I.AND IEI}IG A
ff
I. THAT PARCEL DESCNTAED tN
2. THA? PAFCEL Df,SCRISED IN
BOOX 20! A' PAGE ?]t
8@X 18! AT PAGE .I'
;LL:ri sEc?:c;i :2, Tci::strrr-5 sourrl, ;i;::ci 8l "gsll_glH pRrNCrpAL ]IERrD:AN,s^rD pARcrL aerlic ,orE penrr cur.rnr,v 'o;;;;;E;; i" ,o"r.o*,
BEct!:srNc Ar rt|E TNTERSIC]I9I gF THE Sour]tEnt,y LrNE OF sArD Hrcli*Ay No. 5ANo r's l:Asrs'l.y L,n, ol..:lrg-I rzz-xi-iii].i,iricc "", lioRrnElsr conxei orsAlD sscrron t2 EEARS r.;orrn o.s.it: sisi'iirlie'5 rr:rr,Tr!uNcE s. ,J-r2,tr- "., ?s6:li-Ifur ;io"c-i"rl .iiurxsnt-y
RrcH:-or-HAy LrriEoF SAtD , JriiiAy; .t.Hr:NcF,S...{6.tg.cS. i..-:if,:.irET ALON.j .t.}tE SouTHEnLy;rtcHr-of-wAy Lr!:r or s^1?..BJgl!^yi-r"inie-i,'izi.s,os. r{., 2oo.o FEET Al,oNGTHE sourHERLy nrqrr-oF-rjAy..urxe oi iiii6-ilix*ii, rnENcE s. G..06..1. H.,r02.0 FEEr Aloxc rHE sourrt!: RLy_ R r cHir;; _;i;";;i; oF sArD Ht'rw^y;i'rENcE s. s2..8.05. H., ]g9:9.199r rr,oic 'ixe-i6ir"c":.,
Rtcur_or_rrAy LrNE oFsArD HrGr{';^y: TrfNcE s..r:'r'si;-w.',-ii.i"ic#"^rpNc ?HE SOUTHERL' RrcHT-or-HA! ot sArt hrG[r{Ay lo-l I9INT or. rii. ici,ixsn-Ll- .t:r lrg sArD N l/2 NE t,/.;?lr:NcE uE''5'57' E., 1r8.93-ener .li.o:ri"iiri-ioirixrnr,v r.tNE SAtD X r,zz xi'rzr.sucrroN l2; rHrrcE ALo::c..rxc_cEN:,rnr.r ie -iii i6ii...^ee* s. .o..s.t{. rl..e..l? rEEr, ?xENcE coN?rNrrrNG Ar.o.r-G iiio-ieiii;lrrE s. lB.l8.i6" H..5{.08 FEEI; ?rr:Ncu coN?r}iglf9_^!,9fc iiio iiiiilirsE s. r.2r,15. r.,19.:.9: i:.l,Ti I:r::iigl r.oslllurric rr-osc-Jiin-iiiii:i:-::,s s. r:.,i,.rb- .r..r tv...) ' LL;.; rriircL .",,M1119 Ar.oric sitD c;::riilrrn s. ia.ii,;;. ;::l?2.96 l't';r; irn:\-'E co:irrriurlc elosi !iio iiiiiLrxE s. 5.26,,55. E.,lO{.50 }t!:T; :lrEl;CE CO:;TItiutN(: At.oirc Sr;n;;.-'"^ r-E S. {9.:6,J6. i-.,y5.5 fErr; r'f,r:cE co\rrs,lLlg tLglg seiu iriiiaiinE 5. ::.1t,t6. H.,lrr.l? Frur; lxc'c[ cosrtNurrc eronc iiro ii":iin:,rxs s. s].s7,16. H..l le. J. l.':r; rHEHcr coNrrNurxc rlorc io iir.:i ii-,.: xE s. 6s.Jt.ls. n.,lce.62 rEEr; rr{ENcE coNrrNurnc ri.oroi ;ii; ;;;;.;LrNE s. ,6e.0r,16. n.,lE5.t! ,Lr:r; r,rri cE co;r-rl-Hu r NG ALoNG ;ii; i;":;;ilr*E s. 05.21.16. N.,68.88 Ff,Er; rHE!,cE coxrrNu:Ig f!9N9 siio-ciiiiiirxE N. ?7.18,r1. rd..26. e6 rrFr; rHr:NcE co.!"rNu_rlic Al.oNc "iio il'iiiiir*E N. 50. r..:5. ri. .t99.19 l'llli?; THENCE CONTIN_UtNG AtnNG Slfo igxiuiulxE N. !8.t2,2t. h,..!39.09 r.r:u?; ?HENCE coN"tNUrHc '.oxc ;A;; ;il;;il,*E s. ?8.10,12..H.,ror. rr rpr.r rn A porN? o:.."x, rrFsrr!.,,i i,.;-;;-;r-E t,/r, src?loN tr. THE.r-clNoxrr{ERLy Arr){c s^rn h.EsrrRt.y_LtnE rr. o.ls;5;: i., 1". r6 r.fET To THENoxTrtrklr rrcr wA?ER Lt!r[ oF conr cxuuir -iriicc"r"ors;
sAtD xrrjr{ HATI:* ttriE
ii^I"JI_::*f !. rs.31,61. !, r,- ^^ _ . .1 > :'
flri $SE# I jl;t*ii, ; fr riiiHtffiff#jji#*,,
ffifil+*+ffiffi
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2. THAT pARcEL DEs ru8 AT PAGE s{5
coN?ArNrNG 80.g77 aqpgScRrBED
JN B@x t92 A" PAGE l2lt
. hoRE OR LESS.
r.
I
.../
\)l
-ll
t
__ ?::u
:r' A-r'.l1lIDl.lRlI? OF P itO'f ilCTf Vil COVENT\NTS
CF VAIrJ VILLAGE- SECCNO FITTING
EAGLE CCuNfy, COLORADo
frs to Lci:s iI, 12 and 3I.
183 Paee 2)9
IiTIUi'LEt-S, irail AqsociaLes, Lrtd., a Ljmited ParLnership.
a.nd the \tail ifaier aud Se.nitatj.on Distrj.ct are the o',vners oi-ZS%
of Lhe priva.tely o'.qned land j.nclucled rvithin the bor:nCaries of Vail
V.iJ.J-agc, SieconC. Filing, Eagle Coutrt,y, Colorado, as described -in 'uhe
pr:otect.i.r.'e crr'.'enalts of \rail. vilIoge, Second Filing, recorded in
Bocli 174 aL puge 43I in the records of tjre Clerk and Recorder'of
ilt'.glr: Co',ui;r, Colorado, and
Ir-iiiR-tAS, paragraph L8 of said, protective covenants permlts'tlrn o-.,r:rers o.+- 75?', of the privately orvnecl land vrithin said filing
to rrice:ic'1, saiC covenancs, and
il'iiERUASl\lailAssociates,I,td.andtheVaiII.Iaterand
Sa.rritation Dj.gLij.c: desire to aunend the limidations on the usage
as to Loi.s li; J.2 a,nd 31' Vail village, Second'F-i-I.i-ng so that Lot
3! r,ray bs used )ri' the \tail Water and Sanitation DisLrict for such
use$ an.j i)rr-xpos'3s as l:ceessary in their ope::atic:rs for sanitar-1t
Eic-:;:ilgc iiisposai, ar:d Lots 1I and 12 rnay be usad for the storage
of l:i.c.,1uici 1jr.'opane, but.ang, natul'al gas, or oi:her sirrriLar Eases.
I'lIiEF;liiS, said o'rnters egr:ee thart Lhis amendnent vill be
ri,.iiuall:r benefj.cj.al to a1l oltners of 'property rzithin Vail ViJ.Iage,
!iecr;rc1 Fil:ng,
li.iol: ITiIR!lPCl?.8, j-n consideration of the prenrises
.i:ul: th'eii':nel1.'c! and the:Lr respective grantees, successors, .
dc h;:';.'ri.ri. arTrecd the proiective covenants of Vail Village,
F3.L-tLnEl EagJ-e Coun!;r, Colorado, as to lots ll7 12, and 31,
llot 3i!., Vail VilJ.age, Second Filing rnay be
. ,' used fcr such uses artd pr-rrposes as necessary in
the opr+ra'.:ion of selvage d.i-sposal systems.
: frots Il ancl 12, VaiI Village, Second Fillng
rnay be used, in adctition to j.ts oiher Eges as set
: fort-h ln ti:e proLective covenants. for the etorage' o:i lic;uiC p:opanel l>utane, nattrral gfas, or other..
sLnl.lar Eil'Jea.
the o-rt1ers,
irnd ass;tgns
SEcond
as folLrJws s
cC ! r i. i- l:in
of Va.i-l
A:! lrr:.'ebir i':::i'lclecl , seyi 11
i'nC irdoi) L i.i'.c o Ji.i'Lr 1:r-o-,' j
V.illage, Sccond Filing.
O'...';rers do lterc-rry rc.tify, ?.p?rot'r"r::.i.lli..; of said pi'oLective cot-enarts
,.Tunc, 1964.
I
.I
\
,\ir\
Dated this L5th day of
hcl:nollcdgeC befcre meb!' Ii.?-ith L. E;oiv-n as presiCeat of
VAIIJ ASSOCIATEST I-,TD. -n'' -/a L iro.i te.j / p.ar tnex e\t L!t/ )*;izl .,{r--'ia-'Generai Pariner
sTAl'E Ol. eO;CtulDO
CI'TY & C'I'!iT? OiT DENTTEP.
:
c'lay of r7Ene, L964,
--o'bi,';P9i:C,r,r:\. Seiber,c,, as General partnc:: of Vai!. Associates, &,cd.11'. a, $r:'iii..,W*l',ili ?i !n ar shlp_-
..':"ii'i i"i Ji';''... Achno..,r-eci.;ecl;';#
'l':3;':lt y';Uei'dr'.,':
gecl before me this 15tir
,!s . '-rt -.7'-,il - -. i..;-;i ". '- o-. i-lliij.. frl,li)S.i*i1.t' co;mj.s::is:r o:ryires .F^usust, e, iges,
c.-.,:".
P u 5 \.',,-t.'sl...'.sJ i'
f::..
l',:lit.-regs Iry iranri end off.i.cial- seal,.:.! I
.. \'.r..;'$i:...,.....':-','ii
',,;r:i ,.tt' ct"-",,;l;.,,:;.;'o
sT,n?; 03 colcS.LDC
ciTY & coui.trg c!' DEi.rfs:1.
)o=
)
)st
I.u,s,iiil'liUr,-
-.r 1::.\.Y.. ::.Y. : 1" i;1;,r"' "s rr.lr ha;rd and
*t:...:^Sr,|l n t'"'# cc'r"rnle s ioir e:q> lr
ttiiiil:;&.
.:lt!'s;' i't"ir' r Sllili.';Ii
officia
es Arlgus
th.i.s 15th day cf Juner. 1964,Vail l.Iater and $anLta'tLon
I se.rl-.
t 9, 1965"
d'!'^1'8 0F COt,Oia^r)o I
EJ''oLE co(nlry. l o..
t trlrory crrliy rhr.r L\t! in.rr,:qrrj/l
*.-e l-! xlrfoz rrcord ia .,ragniqe 15i.1 {
*7
75 4"+.,.;+t"{,E, ....,,, 4 l/'.,
. J-. -. o'.:.rJ'.-.L, - I 1., rn.l ig drrly I r.r...1:.,i
i.-.' - !:,:.-":/t:. ii -.r.,,,..,1J.4. )
i-j:,L t, t * ^t. ! i". : . .ril j. i:*;.... l1.
Car,rorl Cler! c.ld 2 oc,rrrJ.,r.
\tAUr \'II\IER
SA.*\i1'l\?iOll
!"
,Reco ded Book 174 Page 431
PROTECTIVE COVENTNTS
OF
VAIL VILLAGE, SECOND FILING
EAGLE COUNTY, COLORADO
hereas, Vail Associates, Ltd., a limited partnership' is the owner of the
following described l ands:
A part of Section 6 and section 7, Township-s South,-Range.80 llest of the
silth Principal Meridian, county of Eagle' State of Colorado' more
particularly described as fcl lows:
Cormencing at the Northeast corner of said Section 7; thence S'00o
23'00" E.-and along the East line of said Sectlon 7 a distance of
37.40 feet to the [orth line of Vail VilIage-First Flllngl thence N'
79 degrees 41 ' 13' l{. and along said North line and along. the. South
line 6f U. S. Highwav !io. 6 a iistance of 25.44 feet to the llest line
of said Vail ViliaselFirst Filing, and the Polnt of Beginningi thence S
OO degrees 23'00" ind along said-lJest line a distance of 693'77 feet
io itti Horttr rine oi-viii Viilage-First Filingi thence N' 75 degrees : '
27'00u }J. and along said North line, a distance of 296.25 feet; thence N'
26 degrees 30'00' h'. and along said North line a distance of Ill'91 fee
thenc6 N. 4l degrees 30'00" t'l: a distance of 240-00 feet; thence N
55 degrees 0O'00" lr. a distance of 75-00 feet; thence l'1. JQ.!99r9es
00'coii tl. a distance of 100.00 feetj thence S. 65 degrees 00'00" W' a
distance of 155.00 feet; thence S' 79 degrees 00'00u }J. a distance of
290.00 feet; thence N. 67 degrees o0'00, }1. a distance of 100'00 feet; thence
N. 53 degrees 00'Oou !1. a distance of 175.00 feet; thence N'-59 degrees
00'00" t.l: a distance of 165.C0 feeti thence N 68 degrees 30'00" l'l ' a
distance of liS.OO i.ih th.n"e N. 46 degrees 48'52n E. a distance of 132'23
feet; thence N. 9 degrees 45'49" ll. a diitance of 99'14 feet; thence S' 79
digrees s3'l5"ll. a distance of 203'33 feeti thence-s. -50 degrees 43'59"
l,l.'a distance of gO'24 feetl thence N. 8l degrees 13'41" l.l. a distance of
372.40 feet; thence S 75 degrees 47'07" W. a-distance of 29C'17 feet; thence
S 20 degrees 3l'04" l,l. a distance of 156.17 feetl thence S'-64-degrees
'15'46' i. a distance of 425.69 feeti thence S. 87 degrees 0l'24" }|' a ' '
distance of q92.69 i.et; th.ncu S. 72 degrees 04'25'li. a distance.of 510.17
feet; thence S' 78 degrles 36'34" U. a distance of 140.51 feet; thence S' 73
deErees 42'37" l.l. a distance of 280.00 feet; thence S..76 degrees 58'51' !l'
a iistance of 140.02 feet; thence S. 73 degiees 42'37" td. a distance of 145.00
feeti thence S. 79 degreei C3'56"1i. a distince of 240.93 feet to a point
on the ltest line of siid Section 7; thence N. 0 degrees 06'06"E. and along
said lJest line a distance of 135.00 feet to the southerly line of U' S'
Hi ghway No. 6; thence N 73 degrees 4?'37" E' anq-1]9119 said South line a
oiitance of 1409.06 feeti theice N. 89 degrees ll'25'E' and along said
South line a distance of 94.46 feeti thenle N. 73 degrees 4l'50" E' and
iiong saia South ljne a distance of 768.73 feet; thence N. 59 degrees 59'
42" E. and alonq said South line a distance of 59.95 feet; thence N 73
degrees 48,37', fr. and along said South line a distance of 524.04 feet to a
point on a curvei thence aiong said South line on an angle.to the left of
6-iiigr""s g;s4'i ind along a cirve to the right having a.radius of 1852'73
feet-andacentralangle-of26degrees33'4T"aarcdistance-of858'98
feet to a point of taigent; thenci S' 79 degrees-41 '13"E' and,along-said
tingenl ini aiong said-souln line a distanc6 of 59.84 feet; thence S' 85
degiees 24'31,, Ei and along sald South line a distance of 100.29-feet; thence
s.-79 degrees 4l'13'E. ani along said South line a distance of 1055'87
feet to the point of Beginning.
WHEREAS, Vai l AssocJates, Ltd., herelhafter sdnetimes refefred to as Owner'
desires to olace cirtain restrictions on the use of the Tracts, Blocks and.Lots shown
ir'ii'!-uii 6i-viii-Viijise,-second Fi1in9, for the benefit of itself, and its respecti.ve
er.i'ii.tl"ri.eiiori ana".irigns, in ordEi to estabiish and maintain the character and
value of real estate in Vail Village.
N0ht, THEREFoRE, in consideration of the premises' vall Associatr:s, Ltd. 'for itself and its respective grantees, successors and. assigns, does hereby iTPo::'-:.!
establish, publish, acknovledge, declare and ag.ree with, to and for the benetlf, or ar I
o..ions wfio'rnay heieafter purihise or lease ani frorn time to time so own or hold any.
5i'ir'lj-ti:'.lt'ilsi;rki ino Lot in vail villaee, second Filing, that-thev own and hold
iif -oi if," tanas in Vail Village, Second Filing, subject to t}re following restrictions' .
iin"ninii, and conditions, all-oi which shal l 66 aeemea to run with the land and to
inure to ihe beneflt ot and be binding upon the 0vrner, its respective grantees' successor
and assigns.
I. PLANNING AND ARCHITECTUML CONTROL COIIMITTEE
' 1.1. Cormi ttee. The Planning and Architectural Control Cowni ttee,hereinafter refeiiEit to a-to as the cormittel, shall consist of.five nembers who ihall
be-designated by 0wner, its successor or assigns, to review, study, andreject proposed improvernents within the area described in the MaDof Va
ur ue5rv|ldLeq uJ uwrler, tls successor or alsslgns, Eo revlew, study, and approve orreject proposed improvernents within the area described in the Mapof Vail'Viilage,
Second Fiiing, of which these restrictive covenants are made a oirt-Second Fiiing restrictive covenants are made a part.
.l.2. lules. The Conrni ttee shall make such rules and by- I aus and adopt
such procedures is Tt may deem appropriate to govern its proceedi-ngs.
. .!.3..
_$pproval of Plan. No building, out building, fence, wall or other
i mprovemen t, shai l be constructed, erected or maintained on any Tract, Block or Lot,nor shail any addition thereto, or alteration therein be made, until plans ano
speci fi cati ons - showi ng the color, location, naterials, landscaping, aid such otherinformation relating to such improvsnent as The corrni ttee ma.y i^eaionably reouireshall have been submitted to and approved by The Cormi ttee i-n writing. -
'| .4. criteria. In passing upon such plans and specifications, The Gonmi tteeshalI consider:
-
L4. l. the suitability of the inprovement and materials of which it is tobe constructed to the site upon which it is to be located;
1.4.2 the nature of adjacent and neighboring improvements i
. i.4..3 the quality of the materials to be uti litzed in any proposed im-provement; and
1.4.4 the effect of any proposed improvement on the outlook of any adjacentor neighbori ng prope rty.
It shall be an objective of rhe cofimi ttee to make certain that no improve-ment will be so similar or so dissinilar to others in the vicinity that values, monef,aryor aesthetic, will be impaired.
'l.5. Effect of The Conmittee,s Failure to Act.=In the event The plans and specificationssubnitted to it v{ithin sixty days of submission and iro suit to enjoin the constructionhas been. cormenced prior to the.completion thereof, approval shali not be required andthe related covenants shall be detennined to have beei fully complied with.
2, LAND USE.
The lands in Vail vlllage, second Filing, shal 1 be used for the follovingpurposes:
2.1 The nunbered Lots shall be used only for private residences, each tocontain not more than two separate aparbnents,
2.2. fhe lettered Lots shall be used for apartments, retail shops, seryiceshops,.service stations, restaurants and tea-rooms, hotels, l6dges, proreiiionat officesand medical clinics.
2.3. Tracts A through c shal'l be dedicated to such use as vail Associates,Ltd.,and its successors and assigns, shall designate, but in no event shall such designaieduse be inconsistent with these covenants.
3. EASEI"IENTS AND RIGHTS-OF-WAY.
3. l. Easements and rights-of-tvay for roads, lighting, heating, electricity,gas' telephone, water' sewerage, bridle paths, and pedestiian iiaffic, ind any othei -
!iit,9 or public.or.quasi public utility service are ieserved as shown on the Mip of vailvillage' Second.Filing._ No fence, wall, hedge, barrier or other improvement shall beerected or maintained along, on, across or within the areas reservei for easements andri ghts-of-way.
4. SIGNS. No signs, billboards, poster boards or adveriising structure ofany kind shall be erected or maintained on airy lot or struture for any furpose whatsoever,
except such-signs as have been approved by The cumi ttee as reasonably irecissary forthe identification of r"esidences and places of business.
5. l.lATER AND SEI,|AGE. Each structure designed for occupancy or use
by human beings shall connect with the water and sewerage facilitibs oi the ',vaill.later and Sanitation District. No provate well shall be used as a source of
water for hLinan. consumption or irrigation in Vail Village, Second Filing, nor shall
any facility otler than those provided by the Vail Water and Sanitation District
be used-for the disposal of sewage, llechanical garbage dlsposal facilities shall
be provided in each kitchen or food preparing area.
, 6. TMSH AND GARBAGE. No trash, ashes or other refuse.rnay be thrownor dunped on any land within Vail Village, Second Fillng. The burning of refuseout of doors shall not be permitted in Vai l Village, Second Fillng. llo incineratorsor other device for the burning of refuse indoors shall be constructed, installedor used by-an.person except as approved by The Cofini ttee, Each property owner shallprovide sultable receptacles for the collection of refuse. Such reiept'acl es shall
be screened fron public view and protected fron disturbance.
7, LMST0CK. No animals, 1i ves tock,horses or poul try of any kind exceptdogs, cats and other household pets shall be kept, raised br bred ln Vail Village,'
Second Filing, except in areas designated for such purposes by The Cofini ttee.
8. TREES, No trees shall be cut, trinmed or removed in Yail Village, SecondFiling, except with prior written approval of The Corni ttee and by persons deiignated
by The Conmi ttee.
9. SET BACK REQUIRB'IENTS: There shall be no general requi rements for thelocation of improvements with relation to property lines; but the iocation of each
improvement must be apprcved in_advance by The Comni ttee. In deteymlnlng the properlocation for each improvenent, The Cornmi ttee shal-l consider the location-of existingproperty owners, and such other monetary or aesthitic consideration as it nay deem
appropri a te.
10. LANDSCAPING AND GARDENING. AII surface areas disturbed bv constructionsahll be. returned promptly to their natural condition and replanted in -native grasses,
except where such areas are to be improved by the constructibn of gardens, lawis, andexterior livi_ng areas, which will be permi tt-ed only after the plani therefor shail have
been approved by The Conmi ttee.
. Il. AREA REQUIREI4ENTS. No structure designed for human use or habitationshall be contructed unless the aggregate floor area, exclusive of open porches, base-
ments, .carports and garages, shall be in excess of 900 square feet. The Conmi tteeshall determine from the design of the improvenent whethdr an area which is partially
belor grade shall qualify as afeas to be included within the minimun Dermissible area.
12. TRADE NAMES. No word, name, syrnbol, or combination thereof shall be
used to identlfy for conmerci a l purposes a house, strtcture, business or service in
Vail. Village, Second Filing, unless the same shall have been first approved in writing
by The Coflni ttee.
13. TEilP0MRY STRUCTURES. No temporary structure, excavation, basement, traileror tent shall be permi tted in Vail Village, Second Fillng, except as may be necessary
during construction and authorized by The Conrni ttee.
14. C0I{TINUITY 0F C0NSTRUCTI0N. Alt structures cdrnenced in Vail Village,
Second Filing,.shall be prosecuted dillgently to conpletion and shall be cornpletedwithin 12 months of cfimencsnent, except srlth wri tten consent of The Conmi ttbe.
15. NUISANCE.'l{o noxious or offensi ve actlvity shall be carried on nor shal l
qnythi ng_ be done or pennitted which shall constitue a pu-blic nuesance in vail village,
Second Filing.
16. FENCES. No fences, vralls or other barriers shall be permitted except with
the written consent of The Comittee.
17. EFFECT AND DURATIoN 0F CoVENANTS. The conditions, restrictions, stipulatior
agreements and covenants contained herein shali be for the benefit of and binding upon
each tract in Vall Village, Second Filing, and each owner of property therein, his
successors, representatlves and assigns and shall eontlnue ln full fbrce and effect until
January I, 1999, at which tine they shall be automatically extended for 5 successive
terms of l0 years each.
18. AtilENIIt'lEllT. The conditions, restrlctlons'stlPulations' agreements
and covenanG contatnea herein shall not be walved, abandoned, termlnated'- or anended
exceot by wri tten consent of-the orners of 757 of ihe privately o{ned land included
;;ili; i'h""t;,inJiriei oi vait vittase, second Flllng, is the same mav then 'be shotn
[,i ;h; ;i;til iiii-in Ure-office oi ihe cterk and flicorder of Easle county, colorado.
19. ENF0RCOIEI{T. If anv person shall violate or threaten to violate
anv of the Drovlslons of this instidnent' it shall be lawful for any person or person
iifiini r"it'i-plrty-in vail Village, seiond Flllng, to institue prcceedlnss at larl
or i n-equi ty' to' enf-orce the provisions of tjrls lnstrument, to restrain the person
"ioiitiig oi ttrreatrni ng to violate them, and to r€cover damages, actual and punitive'
for such vi ol ations.
20. SEVERABILITY. Invalldation of aty one of the provisions of thls
i ns trurnent-by judgment or court order or debree ihall in no wise effect any of the
other provis-ions ihlcn shall remaln ln full force and effect.
EXECUTED this 8th day of January, 1963.
ATTEST:
/s/ Kei th L. Brov{n
Kei th L. Brorn,
Secretary
SEAL
srATE 0F C0LORAD0 )
)
CITY AND COUNTY OF DENVER )
VAIL ASSOCIATES, LTD., a Linited
Partnershi p
BY /s/ Peter ll. Seibert
-ETa;T-Sei5-ert-TenEFi'lTarTiEi
TIIE VAIL CORPORATIOI{ -
General Partner
BY /s/ Georse P. l!!lli_0g _
-feorse-T-auTEl-nsTr.
Vi ce-Presl dent
/s/ Eva Lusk
Eva Lusk - llotary Public
The foregoi ng lnstnument ras acknowledged before me on-January.S' 1963' by
peter i. Seibirt,-ohe of the General Partners of Vail Assoclates, Ltd., a_lirnited
pirinership, and-by Geor€e P. Caulkins, Jr., as Vi ce-Presl dent of I}e Vai'l Corporation,
ihich corpbiation 1s tlre other General Partner of Vail Associates, Ltd.
WITNESS ny hand and seal.
lly comission expi rres: June 20, 1963
SEAL
TOWN COUNCIL AGENDA REQUEST
(Reguest form E!S! be given to the Secretary to the Town Manager by 4:00 o.m. Wednesdavs.)
MEETING DATE: Aoril6. 2004
(Prepare a separate Agenda Request for each agenda item. lf the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session TIME NEEDED : 0 minutes
Evening Meeting TIME NEEDED :30 minutes
Site Visit TIME NEEDED :30 minutes
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.x YES. Specifics: Vail Resorts Develooment. reoresented bv Braun Associates
WILL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EOUIPMENT. i.e. overhead
projector, etc.?
_x_ NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
NO.
_x_ YES. lf yes, is the material also for 4[[gg]ig!1!!g]iq?J_ Yes.
-
No.
ITEM/TOPIC:
Appeal of the March 8,2004, Planning and Environmental Commission (PEC) approval of a request for a
variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six
(6) feet in height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels. This variance request is
associated with Vail Resorts Development's snowcat access relocation proposal.
ACTION REQUESTED OF GOUNCIL:
Uphold, modify, or overturn the Planning and Environmental Commission's approval of a variance from
Chapter 14-6, Grading Standards, Vail Town Code.
BACKGROUND RATIONALE:
On March 8,2004, the Planning and Environmental Commission approved a request for a variance from
Chapler 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) feet in
height in association with Vail Resorts Development's proposed snowcat access relocation proposal.
On March 1 6, 2004, the Vail Town Council "called-up'the Planning and Environmental Commission's approval
ol the variance requesl. Please refer to the aftached March 8, 2004, Staff memorandum to the PEC for
additional information.
STAFF RECOMMENDATION:
Staff recommends that the Town Gouncil upholds the Planning and Environmental Commission's approval of
the requested variance to Chapter 14-6, Grading Standards, Vail Town Code.
Bill Gibson, Gommunity Development Department
TOWN COUNCIL AGENDA REQUEST
(Request form ry! be given to the Secretary to the Town Manager by 4:00 o.m. Wednesdavs.)
MEETINGDATE: Aoril20.2004
(Prepare a separate Agenda Request for each agenda item. lf the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session TIME NEEDED : h!41!g
Evening Meeting TIME NEEDED :30 minutes
Site Visit TIME NEEDED :30 minutes
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
_X_ YES. Specifics: Vail Resorts Develooment. reoresented bv Braun Associates
WILL THE PRESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EOUIPMENT. i.e. overhead
projector, etc.?
_x_ NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
NO.
_x_ YES. lf yes, is the material also lor p!!!gg[g]g!!q!!q?
_5_ yes.
-
No.
ITEM/TOPIC:
Appeal of the March 8,2004, Planning and Environmental Commission (PEC) approval ol a request for a
variance from Chapter 14-6, Grading Standards, Vail Town Code, to allow lor retaining walls in excess of six
(6) feet in height, located ai Tract K, Glen Lyon Subdivision and Unplatted Parcels. This variance request is
associated with Vail Resorts Development's snowcat access relocation proposal.
ACTION REQUESTED OF COUNCIL:
Uphold, modify, or overturn the Planning and Environmental Commission's approval of a variance lrom
Chapter 14-6, Grading Standards, Vail Town Code.
BACKGROUND RATIONALE:
On March 8,2004, the Planning and Environmental Commission approved a request for a variance from
Chapter 14-6, Grading Standards, Vail Town Code, to allow for retaining walls in excess of six (6) teet in
height in association with Vail Resorts Development's proposed snowcat access relocation proposal.
On March 1 6, 2004, the Vail Town Council 'called-up" the Planning and Environmental Commission's approval
of the variance request. Please refer to the attached March 8, 2004, Staff memorandum to the PEC for
additional information.
On April 6,2004, the Town Council tabled this item lo its April 20, 2004 meeting.
STAFF RECOMMENDATION:
Staff recommends that the Town Council upholds the Planning and Environmental Commission's approvalof
the requested variance to Chapter 14-6, Grading Standards, Vail Town Code.
Bill Gibson, Community Development Department
x
TOWN COUNCIL AGENDA REQUEST
(Request form ry! be given to the Secretary to the Town Manager by 4:00 o.m. Wednesdavs.)
MEETING DATE: June 1.2004
(Prepare a separale Agenda Request for each agenda item. lf the agenda
item will be discussed at both a Work Session and an Evening Meeting, be
certain to check both boxes in this section and indicate time needed during
each meeting.)
Work Session TIME NEEDED:
Evening Meeting TIME NEEDED:30 minutes
Site Visit TIME NEEDED:
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
_x_ YES. Specifics: Jack Hunn. Jav Peterson Tom Bruan.
WILL THE PRESENTATION OF THIS AGENDA ]TEM REOUIRE ANY SPECIAL EQUIPMENT, i.e.
overhead projector, etc. ?
_x_ NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
NO.
YES. lf yes, is the material also for oublic distribution?
_x_ Yes.
-
No.
ITEI/VTOPIC:
Request for the Town Council to approve the execution of an easements to facilitate
snowmaking on Vail Mountain and the creation of a bridge. This easements would be located
on on both Tract K and the unplatted parcel directly east of Tract K.
ACNOT REQUESTED OF COUNCIL:
Authorize the Town Manager to execute above mentioned easement for creation of a bridge that
would carry a snowmaking water line and provide access across Gore Creek for the potential future
development ol a snowcat access.
BACKGROUND RATIONALE:
Vail Resorts needs to create a water connection to Vail Mountain. The pump house located on
Foresl Road which has provided snow making capacity on Vail Mountain has now been demolished.
Vail Resorts and Town Staff have agreed that given a letter sent to the Glen Lyon Subdivision
homeowners in 1996, that Vail Resorts should pursue a amendment to a Special Development
District to obtain final approval for snow cat access across Tract K, Glen Lyon SuMivision. In
addition, Vail Resorts would like to first obtain the support of the suMivision to amend the covenants
which prevent the creation of the planned snow cal access. However, this may take 2-4 monlhs
and VR needs to move forward with snow making facilities this summer. The bridge would provide
the means to bring a water line across the creek to interconnect into a new pump system (i.e.
underground in a vault). Vail Resort could place a water pipe under Gore Creek. However, they
anticipate building a bridge for the snow cat access which would also support the snowmaking
utilities for the Mountain. On May 18'n, 2004 the Vail Town Council approved of two of the three
easemenl necessary to facilitate snow making on Vail Mountain. Those two easements included:
. easemenl for the vault (encloses snowmaking pumps) is on an unplatted parcel - Book
272,Page 663 (this is the streamtracUhillside parcel) - description is NW 1/4 of NW 1/4
of section 7, township 5 S, range 80 west), and. easement for the snowmaking line is on Tract K.
At the applicants requost the Vail Town Counciltabled consideration of a bridge easement until
discussions occurred between adjacent property owners. Those discussions have occurred and
Vail Resorts is now requesting that the bridge easemenl be approved.
Russ Forest
TOWN COUNCIL AGENDA REQUESI
. (Request form ro! be given to the Secretary to the Town Manager by 4:00 o.m. Wednesdavs.)
MEETINGDATE: Auoust3.2004
(Prepare a separale Agenda Request for each agenda item. lf the agenda
item will be discussed at both a Work Session and an Evening Meeting, be
certain to check both boxes in this section and indicate time needed during
each meeting.)
Work Session TIME NEEDED: 30 minutes
Evening Meeting TIME NEEDED: 30 minutes
Site Visit TIME NEEDED: 0 minutes
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
_x_ NO.
YES. Specifics:
wlLL THE PRESENTATION OF THIS AGENDA ]TEM REQUIRE ANY SPECIAL EaUIPMENT, i.e.
overhead projector, etc.?
_x_ NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
NO.
_x_ YES. lf yes, is the material also for oublic distribution?
_x_ Yes.
-
No.
ITEiI/TOPIC:
Ordinance No. 17, Series of 2004, an ordinance amending Special Development District #4,
Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon
SuMivision, and sefting forth details in regard thereto.
ACTION REOUESTED OF COUNCIL:
Approve, approve with modification, or deny Ordinance No. 17, Series of 2004, on first reading.
BACKGROUND RATIONALE:
On July, 12, 2004, the Town of Vail Planning and Environmental Commission voted 4-2 to forward a
recommendation of approval, with conditions, for the proposed amendments to Special
Development District #4, Gascade Village. Please refer to lhe staff memorandum to the Planning
and Environmental Commission dated July 12, 2004,tor additional information.
Bill Gibson, Community Development
TOWN COUNCIL AGENDA REQUEST
. (Request form must be given to the Secretary to the Town Manager by 4:00 o.m. Wednesdavs.)
MEETING DATE: Auoust 17.2004
(Prepare a separate Agenda Request for each agenda item. lf the agenda
item will be discussed at both a Work Session and an Evening Meeting, be
cerlain to check both boxes in this section and indicate time needed during
each meeting.)
Work Session TIME NEEDED: 5 minutes
Evening Meeting TIME NEEDED: 5 minutes
Site Visit TIME NEEDED: 0 minutes
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
_x- NO.
YES. Specifics:
WILL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EOUIPMENT. i.e.
overhead projector, etc.?
_x_ NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
NO.
_x_ YES. lf yes, is the material also for g!!!93!!gl!fu!!q4?
-x- Yes.
-
No.
ITEIII/TOPIC:
Second reading of Ordinance No. 17, Series of 2004, an ordinance amending Special Developrnent
District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K,
Glen Lyon SuMivision, and setting forth details in regard thereto.
ACTION REQUESTED OF GOUNCIL:
Table the second reading of Ordinance No. 17, Series ol 2004, to October 5, 2004.
BACKGROUND RATIONALE:
On Jufy, 12,2004, the Town of Vail Planning and Environmental Commission voted 4-2 to forward a
recommendation of approval, with conditions, for the proposed amendments to Special
Development District #4, Cascade Village.
On August 3, 2004, the Town Council approved the first reading of Ordinance No. 17, Series of
2004, with a condition, by a vote of 7-0. The condition of approval requires Vail Resorts to resolve
the outstanding issues related to the Protective Covenants of Glen Lyon Subdivision. Vail Resorts is
working toward resolution of the covenant issues. They are presently conducting noise leveltesting
and scheduling neighborhood meetings with those individuals party to lhe covenants.
Bill Gibson, Community Development
Matt Mire, Town Attorney
TOWN COUNCIL AGENDA REQUEST
. (Request form musl be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdavs.)
MEETING DATE: October 5. 2004
(Prepare a separate Agenda Request for each agenda item. lf the agenda
item will be discussed at both a Work Session and an Evening Meeting, be
certain to check both boxes in this section and indicate time needed during
each meeting.)
Work Session TIME NEEDED:
Evening Meeting TIME NEEDED: 5 minutes
Site Visit TIME NEEDED:
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
_X_ YES. Specifics'. Jav Peterson. repr
WILL THE PRESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENT. i.e.
overhead projector, etc.?
_x_ NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
_x_ NO.
YES. lf yes, is the material also for oublic distribution?
_ yes.
_ No.
ITEi/UTOPIG:
Second reading of Ordinance No. 17, Series of 2004, an ordinance amending Special Development
District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K,
Glen Lyon Subdivision, and setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL:
Table the second reading of Ordinance No. 17, Series of 2004, to January 4,2005.
BACKGROUND RATIONALE:
On July, 12, 2004, the Town of Vail Planning and EnvironmentalCommission voted 4-2 to forwaid a
recommendation of approval, with conditions, for the proposed amendments to Special
Development District #4, Cascade Village.
On August 3,2004, the Town Councilapproved the first reading of Ordinance No. 17, Series of
2004, with a condition requiring resolution of issues related to the Protective Covenants of Glen
Lyon Subdivision, by a vote of 7-0. On August 17, 2004, the Town Council tabled the second
reading of Ordinance No. 17, Series of 2004, to October 5, 2004, to allow Vail Resorts additional
time to resolve the covenant issues. The outstanding covenant issues have not yet been resolved;
therefore, Vail Resorts is requesting the second reading of Ordinance No. 1 7, Series of 2004, again
be tabled to a future Town Council meeting.
Bill Gibson, Community Development
Man Mire, Town Attorney
TOWN COUNCIL AGENDA REQUEST
. (Request form must be given to the Secretary to the Town Manager by 4:00 o.m. Wednesdavs.)
MEETING DATE: Januarv 4. 2005
(Prepare a separate Agenda Request for each agenda item. lf the agenda
item will be discussed at both a Work Session and an Evening Meeting, be
certain to check both boxes in this section and indicate time needed during
each meeting.)
Work Session TIME NEEDED:
Evening Meeting TIME NEEDED: 5 minutes
Site Visit TIME NEEDED:
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
_X_ YES. Specifics: Jav Peterson. repres
WILL THE PRESENTATION OF THIS AGENDA ]TEM REOUIRE ANY SPECIAL EQUIPMENT, i.e.
overhead projector, etc.?
_x_ NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
_x_ NO.
YES. lf yes, is the material also for oublic distribution?
_ yes.
_ No.
ITEM/TOPIC:
Second reading of Ordinance No. 17, Series of 2004, an ordinance amending Special Development
District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K,
Glen Lyon Subdivision, and setting forth details in regard thereto.
ACTION REQUESTED OF GOUNCIL:
Table the second reading of Ordinance No. 17, Series of 2004, to May 3, 2005.
BACKGROUND RATIONALE:
On July, 1 2, 2004, the Town of Vail Planning and Environmental Commission voted 4-2 to forward a
recommendation of approval, with conditions, for the proposed amendmenls to Special
Development District #4, Cascade Village.
On August 3,2004, the Town Councilapproved the first reading of Ordinance No. 17, Series of
2004, with a condition requiring resolution of issues related to the Prolective Covenants of Glen
Lyon Subdivision, by a vote of 7-0. On August 17 and October 5, 2004, the Town Counciltabled the
second reading of Ordinance No. 1 7, Series of 2004, to allow Vail Resorts additional time to resolve
the covenant issues. The outstanding covenant issues have not yet been resolved; therefore, Vail
Resorts is requesting the second reading of Ordinance No. 17, Series of 2004, again be tabled to a
fulure Town Council meeting.
Bill Gibson, Community Development
Matt Mire, Town Attorney
TOWN COUNCIL AGENDA REQUEST
(Request form must be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdays.)
MEETINGDATE: Mav3.2005
(Prepare a separate Agenda Request for each agenda item. lf the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeling.)
Work Session
Evening Meeling
Site Visit
TIME NEEDED:
TIME NEEDED: 5 minutes
TIME NEEDED:
x
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
-X_ YES. Specifics: Jay Peterson, representing Vail Resorts
WILL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EOUIPMENT. i.e. overhead
projector, etc.?
J- NO.
YES. Specifics:
WILL THERE BE MATERTAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
NO.
YES. lf yes, is the material also for public distribution?
_ Yes.
_ No.
ITEM/TOPIC:
Second reading of Ordinance No. 17, Series ot 2004, an ordinance amending Special Development District
#4, Cascade Village, to allow for lhe creation of Development Area E, located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto.
ACTION REQUESTED OF COUNCIL:
Approve, approve with modif ications, deny, or table the second reading of Ordinance No. 17, Series of 2004.
The applicant is request that the Town Council table the second reading of Ordinance No. 17, Series ol 2004,
to June 21, 2005.
BACKGROUND RATIONALE:
On July 12, 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to fonrvard a
recommendation ol approval, with conditions, for the proposed amendments lo Special Development District
#4, Cascade Village.
On August 3, 2004 by a vote ol 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of
2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenanls
of Glen Lyon Subdivision, prior to the second reading of this ordinance.
On August 17,2004; October 5, 2004; and January 4, 2005 the Town Council tabled the second reading of
Ordinance No. 17, Series of 2004, to allow lhe applicant additional time to resolve issues related to the
protective covenants. The outstanding protective covenant issues have not yet been resolved;therefore, Vail
Resorts is requesting that the second reading of Ordinance No. 17, Series ol 2004, again be tabled to a future
Town Council meeting.
Bill Gibson, Community Development
TOWN COUNCIL AGENDA REQUEST
(Request form must be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdays.)
MEETINGDATE: June21.2005
(Prepare a separate Agenda Request for each agenda item. ll the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session TIME NEEDED: 15 minules
Evening Meeting TIME NEEDED: 15 minutes
Site Visit TIME NEEDED:
WLL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
-X_ YES. Specifics: Jay Peterson, representing Vail Resorts
WLL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EOUIPMENT, i.e. oveThead
projector, etc.?
_x- NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
J- NO.
YES. It yes, is the material also for public distribution?
_ yes.
_ No.
ITEM/TOPIC:
Second reading of Ordinance No. 17, Series ol2004, an ordinance amending Special Development District
#4, Cascade Village, to allow for the crealion of Development Area E, located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto.
ACTION REOUESTED OF COUNCIL:
Approve, approve with modif icalions, or deny the second reading of Ordinance No. 17, Series of 2004.
BACKGROUND RATIONALE:
On Jufy 12, 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to fonivard a
recommendation of approval, with conditions, forthe proposed amendments to Special Development District
#4, Cascade Village.
On August 3, 2004 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of
2004, with lhe one condition that the applicant, Vail Resorts, resolve any issues relaled lo lhe Prolective
Covenants of Glen Lyon Subdivision, prior to the second reading of this ordinance.
On August 1 7, 2004; October 5, 2004; January 4, 2005; and May 3, 2005, the Town Council tabled the second
reading of Ordinance No. 17, Series ol 2004, to allow the applicant additional time to resolve issues related to
these protective covenants. The applicant is representing that these covenant issues have now been
resolved.
STAFF RECOMMENDATION:
The Community Development Department recommends that the Town Council approves the second reading
of Ordinance No. '17, Series of 2004.
George Ruther, Community Development
. TOWN COUNCIL AGENDA REQUEST
, (Request form musl be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdays.)
MEETING DATE: June 21.2005
(Prepare a separate Agenda Request lor each agenda item. lf the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session TIME NEEDED:
Evening Meeting TIME NEEDED: 5 minules
Site Visit TlilE NEEDED:
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
_I_ YES. Specifics: Jay Peterson, representing Vail Resorts
WILL THE PRESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENT. i.e. overhead
projector, etc.?
J- NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
-x- NO.
YES. It yes, is the material also for public distribution?
_ Yes.
_ No.
ITEM/TOPIC:
Second reading ol Ordinance No. 17, Series of 2004, an ordinance amending Special Development District
#4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto.
ACTION REOUESTED OF COUNCIL:
Approve, approve with modif ications, deny, or table the second reading of Ordinance No. 17, Series of 2004.
The applicanl is requesting that the Town Council table the second reading of Ordinance No. 17, Series of
2004, to August 2, 2005.
BACKGROUND RATIONALE:
On July 12, 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to foruard a
recommendation of approval, with conditions, for the proposed amendments to Special Development District
#4, Cascade Village.
On August 3, 2004 by a vote ot 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of
2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants
of Glen Lyon Subdivision, prior to the second reading of this ordinance.
On August 17, 2004; October 5, 2004; January 4, 2005; and May 3, 2005; the Town Council tabled the second
reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to resolve issues related to
the protective covenants. The outstanding protective covenant issues have not yet been resolved; therefore,
Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of 2004, again be tabled to a
future Town Council meeting.
STAFF RECOMMENDATION:
Table the second reading of Ordinance No. 17, Series ot 2004, to August 2, 2005.
George Ruther, Community Development
TOWN COUNCIL AGENDA REQUEST
(Request form must be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdays.)
MEETINGDATE: Auoust2.2005
(Prepare a separate Agenda Request for each agenda item. lf the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session TIME NEEDED:
Evening Meeting TIME NEEDED: 5 minutes
Site Visit TIME NEEDED:
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
J_ YES. Specifics: Jay Peterson, representing Vail Resorts
WILL THE PRESENTATION OF THIS AGENDAITEM REOUIRE ANY SPECIAL EQUIPMENT, i.e. overhead
projector, etc.?
-x- NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
J- NO.
YES. lf yes, is the malerial also for public distribution?
_ yes.
_ No.
ITEM/TOPIC:
Second reading of Ordinance No. 17, Series ol 2Q04, an ordinance amending Special Development District
#4, Cascade Village, to allow tor the creation of Development Area E, located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto.
ACTION REOUESTED OF COUNCIL:
Approve, approve with modifications, deny, or table the second reading of Ordinance No. 17, Series of 2004.
The applicant is requesting that the Town Council table the second reading of Ordinance No. 17, Series of
2004, to September 6, 2005.
BACKGROUND RATIONALE:
On July 12, 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to foruard a
recommendation of approval, with conditions, forthe proposed amendments to Special Development District
#4, Cascade Village.
On August 3, 2004 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. 17, Series of
2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants
of Glen Lyon Subdivision, prior to the second reading ot this ordinance.
On August 17,2004; October 5,2004; January4, 2005; May 3,2005; and June 21,2005, the Town Gouncil
tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to
resolve issues related to the protective covenants. The outstanding proteclive covenant issues have not yet
been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17, Series of
2004, again be tabled to a future Town Council meeting.
STAFF RECOMMENDATION:
Table the second reading of Ordinance No. 17, Series ot 2004, to September 6, 2005.
Matt Mire, Town Attorney
TOWN COUNCIL AGENDA REOUEST
(Request form must be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdays.)
MEETING DATE: Seotember 6. 2005
(Prepare a separate Agenda Request tor each agenda item. lf the agenda item will
be discussed al both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session TIME NEEDED:
Evening Meeting TIME NEEDED: 5 minutes
Site Visit TIME NEEDED:
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
-J_ YES. Specifics: Jay Peterson, representing Vail Resorts
WILL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EOUIPMENT, i.e. overhead
projector, etc.?
-x- NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
-r- NO.
YES. lf yes, is the material also for public distribulion?_ yes.
_ No.
ITEM/TOPIC:
Second reading of Ordinance No. 17, Series ot 2Q04, an ordinance amending Special Development District
#4, Cascade Village, to allow lor the creation of Development Area E, located at Tract K, Glen Lyon
Subdivision, and setting lorth details in regard thereto.
ACTION REOUESTED OF GOUNCIL:
Approve, approve with modifications, deny, or table the second reading ol Ordinance No. 17, Series of 2004.
The applicant is requesting that the Town Council table the second reading ol Ordinance No. 17, Series of
2004, to October 4, 2005.
BACKGROUND RATIONALE:
On July 12, 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to fon /ard a
recommendation of approval, with conditions, forthe proposed amendmenls to Special Developmenl District
#4, Gascade Village.
On August 3, 2004 by a vote of 7-0 the Town Council approved the tirst reading of Ordinance No. 17, Series of
2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants
of Glen Lyon Subdivision, prior to the second reading of this ordinance.
On August 17 and October 5, 2004; January 4, May 3, June 21 , and August 4, 2005, and the Town Council
tabled the second reading of Ordinance No. 17, Series of 2004, to allow the applicant additional time to
resolve issues related to the protective covenants. The outstanding protective covenant issues have not yet
been resolved; therefore, Vail Resorts is requesting that ths second reading of Ordinance No. 17, Series ot
2004, again be tabled to a future Town Council meeting.
STAFF RECOMMENDATION:
Table the second reading of Ordinance No. 17, Series ot 20Q4, to October 4, 2005.
Matt Mire, Town Atlorney
TOWN COUNCIL AGENDA REQUEST
(Request form must be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdays.)
MEETING DATE: October 4. 2005
(Prepare a separate Agenda Request for each agenda item. lf the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session
Evening Meeting
Site Visit
TIME NEEDED:
TIME NEEDED: 5 minules
TIME NEEDED:
WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
-X- YES. Specifics: Jay Peterson, represenling Vail Resorts
WILL THE PRESENTATION OF THIS AGENDA ITEM REOUIRE ANY SPECIAL EOUIPMENT, i.e. overhead
projector, etc.?
J- NO.
YES. Specifics:
WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
-J- NO.
YES. lf yes, is the material also for public distribution?
_ yes.
_ No.
ITEM/TOPIC:
Second reading of Ordinance No. 17, Series of 2004, an ordinance amending Special Development District
#4, Cascade Village, to allow for the crealion of Development Area E, located at Tract K, Glen Lyon
Subdivision, and setting torth details in regard thereto.
ACTION REOUESTED OF COUNCIL:
Approve, approve with modifications, deny, or table the second reading of Ordinance No. '17, Series of 2004.
The applicant is requesting that the Town Gouncil table the second reading of Ordinance No. 17, Series of
2004, to November 15, 2005.
BACKGROUND RATIONALE:
On July 12., 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to fonrard a
recommendation of approval, with conditions, for the proposed amendments to Special Development District
#4, Cascade Village.
On August 3, 2004 by a vote of 7-0 lhe Town Council approved the lirst reading of Ordinance No. 17, Series of
2004, with a condition that lhe applicant, Vail Resorts, resolve any issues related to the Protective Covenants
of Glen Lyon Subdivision, prior to the second reading of this ordinance.
On August 17 and October 5, 2004; January 4, May 3, June 21, August 4, and September 6, 2005, and the
Town Council tabled the second reading of Ordinance No. 1 7, Series of 2004, to allow the applicant additional
time to resolve issues related to the protective covenants. The outstanding protective covenant issues have
not yet been resolved; therefore, Vail Resorts is requesting that the second reading of Ordinance No. 17,
Series of 2004, again be tabled to a future Town Council meeting.
STAFF RECOMMENDATION:
Table the second reading of Ordinance No. 17, Series ot 2004,1o November 15, 2005.
Matt Mire, Town Attorney
TOWN COUNCIL AGENDA REQUEST
(Request form must be given to the Secretary to the Town Manager by 4:00 p.m. Wednesdays.)
MEETING DATE: November 15.2005
(Prepare a separate Agenda Request for each agenda item. lf the agenda item will
be discussed at both a Work Session and an Evening Meeting, be certain to check
both boxes in this section and indicate time needed during each meeting.)
Work Session
Evening Meeling
Site Visit
TIME NEEDED:
TIME NEEDED: 5 minutes
TIME NEEDED:
WILLTHERE BE A PRESENTATION ON THIS AGENDA ITEM BY NON.TOV STAFF?
NO.
_I_ YES. Specifics: Jay Peterson, representing Vail Resorts
WLL THE PHESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENT, i.e. overhead
projector, etc.?
--x- NO.
YES. Specifics:
WLL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITEM?
-x- NO.
YES. lf yes, is the material also for public distribution?
_ yes.
_ No.
ITEM/TOPIC:
Second reading of Ordinance No. 17, Series of 2004, an ordinance amending Special Development District
#4, Cascade Village, to allow for the creation ot Development Area E, located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto.
ACTION REOUESTED OF COUNCIL:
Approve, approve with modif ications, deny, or table the second reading of Ordinance No. 17, Series of 2004.
The applicant is requesting that the Town Council table the second reading of Ordinance No. 17, Series of
2004, to January 17,2006.
BACKGROUND RATIONALE:
On July 12, 2004 the Town of Vail Planning and Environmental Commission voted 4-2 to forward a
recommendation of approval, with conditions, for the proposed amendments to Special Development District
#4, Cascade Village.
On August 3, 2004 by a vote of 7-0 the Town Council approved the first reading of Ordinance No. '17, Series of
2004, with a condition that the applicant, Vail Resorts, resolve any issues related to the Protective Covenants
of Glen Lyon Subdivision, prior to the second reading of this ordinance.
On August 17 and October 5, 2004; January 4, May 3, June 21 , August 4, September 6, and October 4, 2005,
and the Town Council tabled the second reading of Ordinance No. 17, Series ot 2004, to allow the applicant
additional time to resolve issues related to the protective covenants. The outstanding protective covenant
issues have not yet been resolved;therefore, Vail Resorts is requesting that the second reading of Ordinance
No. 17, Series ol 2004, again be tabled to a future Town Council meeting.
STAFF RECOMMENDATION:
Tabfe the second reading of Ordinance No. 17, Series of 2004, to January 17,2006.
Matt Mire, Town Attorney
PROPOSED AMENDMENT TO
GLEN LYON SPECIAL DEVBLOPMINT DISTRICT #4
June 1.2004
PURPOSE OF THIS AMENDMENT
This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD #4. The purpose
of this SDD amendment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROUND ON SDD #4
SDD #4 was originally approved in1976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone
district. Typically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed in the
SDD.
SDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development level and changes to
development areas.
When originally approved in 1976, SDD #4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing
mixed-use character.
In 1977 SDD #4 was amended to include the same four Development Areas (Areas A-D)
with the addition of a 40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated
Open Space". As indicated in the 1977 amendment, the total land area of the SDD was
approximately 92 acres.
SDD #4 was amended a number of times followingthe 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town of Vail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two ofthe four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
In April of 2004 a 1996 letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review of a new
mountain access road that would be located in part over Tract K. The accessway location
and design contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD #4.
ln deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalk" appear to be a permitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD #4.
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD #4:
! Create a new development area - Development Area E, this area will consist of "Tract
K",. Establish allowable uses within Development Area E to include:
Permitted Uses
l. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, hails and related improvements
4. Snowmaking facilities and related improvements
. Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract K, it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for the bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. 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:
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.
Response
Numerous snowcat access alignments have been studied over the years. The
proposed route minimizes impacts on the site and impacts to surrounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as a whole.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response
The limited uses proposed for Development Area E are consistent with Tract E
"open space dedication" designation, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Title.
ResDonse
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
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.
Response
A geotechnical analysis has been completed in conjunction with the design ofthe
snowcat access road.
F. Design Features: Site plan, building design and location and open space provisions
desigrred to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
Response
The snowcat accessway has been designed in order to minimize both cut/fill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part ofthe bridge/snowcat accessway.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
ResDonse
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction oftraffic on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development ofthe special
development district. (Ord. 2l(1988) $ l)
Response
Initially proposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intake/vault, new snowmaking lines up Vail Mountain and a new bridge over
Gore Creek. Phase I would be done the summer/fall of 2004. Phase tr would
consist of the snowcat accessway up Vail Mountain. The timing for completion
of Pha^ce tr is to be determined. If the SDD amendment process is resolved in a
timely manner the accessway could be constnrcted un2Ofl/.. As an altemative, it
is anticipated that the accesswaywould be constructed in 2005.
\
August 5, 2004
Brian McCartroy
Vail Rcsorts
P.O. Box 7 ,
Vail, Colorado 81658
Dear Brim:
This letter docrrrnents somc of our rcqlrests rcgarding the soheduled sound test at thc
proposed new cat hail location. Wo appreciate the offer to participare in thc discussion
and proparation for the test, and in the test itself. I plan to participate in the achral test
monitoriug and anticipate having eome other membas of ourieam also involved.
It.i1 pf gnderstanding that the test setup will be done on August lOb aud rhe testing itself
will be done at an ovemight time such as 4:00 a.m. on tne t l\ and fren a repaitiie test
oompleted sometime during daylight hours. I undersand therc will be a baeeline test
during each tost period, to provide a comparison with the test lvith the cat noiso,
We suggesr tho sansor tosting equipment be set up at the following locations for whioh
we have fiduciary responsibilities:
Lifuide condominiums hside and outside balcony of an east unit;
tcntarively C51.
Inside aud outside balcony ofatr east terraco
wing hotel room.
A location on the approximatc ftture building
locatioq for the rmdeveloped portiol of the lot.
1220 wcsthaven l-ano North Ilside living room and outsido orut deck.
Additionally, wc would reguostaqlsor testing equiprrent be set up at the followiug homewith which we do not have a fiduciary retationslip, but wbose tooation is the aast end ofGlen Lyon and whose owner has exprcsred intereit in participating in thel"st
VAIL CASCADE
CoNDoMINIUMS
Vail Cascado Hotel
Lqt 39
1200 Wcsthaven Lane Location to be dsbrmincd
1476 Werthawn Ddrc . \ibll, Cnlorodo 81 651
970.476.6106 . 0(,0.s+3,+0ut . rar 970.476.4946
socNoc 3cvcsvc -lrvAza 39vd 9n6n9LFAL6 Fr.lA raazlga/8s
Page2
August 5,2004
It is my-understanding that thq lest will be complcted by an independent sound test
:xpT. I would appreciate being involved on thi tos in the setui *a *u hope rodevelop an under-standing of the test method, measursment system, and so fortir, thatwould help ls as laymer to understand the results as the test ijUeing performcd, Iieingpresent during the achul test periods will help us lvith first hand ixperiencing of th!
results.
I recognizc the eound test experG will be tho logical choice to determine crircria for thetost' We would ask that S,pical operational oat noise be generated using two cats or more
as appr.opr-rye during the tosting, uaveling up, down, ana ianng. lvc ilould also ask that
thc typical headlights bs used.
It I can provide additional informadon please let me know.
-"Eu/ry
DonMaclachlan
General Manager
Cc;Judi Dawkins
Tim Albrocht
Jay Rocha
Tim Pennington
Grctchen and Peter Brown
FredBlume
Jay Poterson
George Ruthor
Liftside President
Lift side Proporty Mnne ger
General Manager Vail Cascade Resort
Homeomer
Homcowner
Homeowner
Vail ResortVAttorney
Town of VaiU Chief ofPlanning
€a 39Vd soqNm ](v3svc -lrvn 9r6V9LnAL6 tliva ,goz/99/84
Jack Hunn - Tract K and Vail Resorts Page 1
From:
To:
"Robert Rosen" <rrosen@greyhawke.com>
<rslifer@vailgov.com>, <dcleveland@vailgov.com>, <ddonovan@vailgov.com>,
<kruotolo@vailgov.com>, <klogan@vailgov.com>, <gmoffet@vailgov.com>, <fhitt@vailgov.com>Date: 812712004 10:14:07 PMSubject: Tract K and Vail Resorts
August 27, 2004
Re: Snow Cat Road on Tract K
Dear Council members:
Because of recent statements and actions by officers of, and legal
counsel to, Vail Resorts with regard to their desire to put a snow cat
road through Tract K in Glen Lyon, I feel compelled to write to you to
set the record straight on positions taken by Tim Pennington, Alan
Hassman and me with regard to Tract K.
As I represented to the Council at the August 3,2004 meeting, I
previously met with representatives of Vail Resorts on May 26 on behalf
of Tim Pennington, Alan Hassman and myself to discuss some form of
accommodation that would allow Vail Resorts to use Tract K for snow cat
access to Vail Mountain. During the May 26 meeting, I suggested two
alternative snow cat routes through Tract K. Unfortunately, since such
meeting, Vail Resorts has not seen fit to discuss these alternatives or
any other alternatives with any of us even after the Town Council
insisted that they meet with Glen Lyon residents during the August 3
hearing. In this regard, I left several messages and an email with
executives of Vail Resorts telling them that I would be in Vail from
August 3 through August 16 and never received any form of communication
other than a statement that they did not want to meet until after they
had completed their sound studies.
As recently as August 19, 2004, executives of Vail Resorts have made
misstatements to my neighbors in Glen Lyon and other residents of Vail
about the position Tim, Alan and I are taking. These misstatements have
forced us to put our position on the record. In particular you should
note the following:
1. While I have not measured the exact distance of the snow cat
road from my property line and home, I believe it is within 500 feet of
my home. There are clearly other alternative routes within Tract K than
Jack Hunp - Tract K and Vail Resorts Page 2
would not have such an adverse impact on my home. I have suggested two
alternatives and would be willing to consider others.
2. Unfortunately, Counsel for Vail Resorts has told our counsel and
other residents of Glen Lyon that "under no circumstances" would Vail
Resorts consider any alternative location through Tract K for the snow
cat road other than the one that has already been proposed by them. The
reasons given by Vail counsel for such intransient position were:
a. The Town of Vail would not approve any alternative location. To
the best of my knowledge, the first time the members of the Council ever
saw the alternatives proposed by us was on the evening of August 3, when
Vail's attorney rushed forward and handed a document to the Mayor; I do
not believe the Council or its staff had reviewed or discussed such
alternatives or any other alternatives with us or with Vail Resorts.
b. The revised locations were too steep to allow snow cats and
snowmobiles to use them. However, the revisions proposed by us were
drawn by Vail Resorts' engineers, Alpine Engineering, and they have
advised us and Vail Resorts that the grades on the revised roads do not
exceed '16 degrees - the maximum grade for both snow cats and
snowmobiles. Further, Vail often has snow cats on greater grades in the
back bowls and on other trails using winches. lf they can deal with
steeper grades for their own convenience, why can't they deal with them
in order to accommodate homeowners in Glen Lyon?
c. lt will take too much time to re-engineer the road locations.
This may be true but it is a problem created by Vail Resorts. lf Vail
Resorts had involved the Glen Lyon community in its planning process
from the outset, this issue would never have arisen.
d. Finally, moving the road will force Vail Resorts to incur
additional expenses. This also may be true but Vail Resorts wants to
use property rights owned by all of the Glen Lyon residents and Vail
Resorts' additional costs do not outweigh the potential adverse impact
on Glen Lyon Owners. Further, these costs may not be significant in the
overall re-development of Lionshead which is one of the primary reasons
that Vail Resorts wants to move the snow cat road in the first place.
On a more personal note, executives of Vail Resorts have made statement
to my neighbors in Glen Lyon and other residents of Vail that have
personally maligned Tim, Allan and me. In particular, they have stated
that we have been negotiating with them for personal gain and without
any consideration of our neighbors. Vail continues falsely to claim
Page 3
that we have insisted upon "free ski passes," the installation of trees
and landscaping around my new home, and other items unrelated to the
snow cat access route. One neighbor was told that Tim Pennington and I
were asking for $500,000 and a swimming pool for ourselves. All of these
statements are utterly false. lf such were the case, lwould not be
trying to reach an accommodation to find an alternative route within
Tract K for the snow cat road.
To set the record straight, following are the specific issues that I
have raised with Vail Resorts:
1 . The snow cat road should be relocated to a route within Tract K
that maximizes the distance from Glen Lyon.
2. Vail Resorts should construct the snow cat road in such a manner
that will limit the impact of the noise generated by the snow cats and
snowmobiles using the snow cat road.
3. Vail Resorts should construct the snow cat road planting the
maximum number of large trees so as to minimize the visual and noise
impact for Glen Lyon residents and the public.
4. Vail Resorts should represent and warrant to the Glen Lyon
residents that after the construction of the snow cat road, no person
will be able to see a snow cat or snowmobile or the lights operated from
a snow cat or snowmobile from a privately owned lot within Glen Lyon
when any of same are traveling on the snow cat road.
5. Vail Resorts should clear the dead trees from Tract K and the
surrounding property owned and leased by Vail Resorts and/or Vail and
planting and maintaining such trees as may be required to block views of
retaining walls.
6. Vail Resorts should use the Snow Cat Road and Westin Ho Trail
subject to the following limitations:
a. At all times, all snow cats and snowmobiles that use the
snow cat road shall have the most modern noise reduction systems
available for commercial use. Vail Resorts shall be required to send a
letter to a representative of Glen Lyon on October 1 of each year
stating what new noise reduction systems are available and whether the
equipment using the snow cat road has such equipment installed on it.
Jack Hunn - Tract K and Vail Resorts Page 4
b. Other than in the event of a medical emergency:
i. Not more than
6 snow cat trips and 6 snowmobiles trips shall be made on the snow cat
road in any 24-hour period.
ii. Snow cats and
snowmobiles shall only use the snow cat road between the hours of 6pm
and 4am.
iii. No
snowmobiles shall use any other ski trail servicing Cascade Village.
iv. No snow cat
shall use any other ski trail servicing Cascade Village other than for
snow groomrng purposes.
c. All snow cats and snowmobiles using the snow cat road
shall be operated on the snow cat road in a manner to generate minimum
noise and light and so as not to interfere with normal daytime skier
traffic on Westin Ho.
7. In exchange for the Glen Lyon owners amending their Protective
Covenants to permit this otherwise prohibited activity on Tract K, Vail
Resorts would agree:
a. To maintain and operate the Westin Ho trail and the
Cascade Village ski lift at all times that any other trails and ski
lifts are operated in the Vail Ski Resort.
b. To terminate all charges through the special tax
district to the Glen Lyon owners for the operation or maintenance of the
Cascade Village Ski Lift and the Westin Ho Trail.
c. To make such improvements to the skier's bridge and
trail in Cascade Village to make it safer and more attractive and shall
plant and maintain a sufficient number of evergreen trees with heights
of between 12' and 16'to block the view of U.S. Interstate 70 from the
skier's bridge and the properties along Frontage Road. The Town of Vail
would be expected to consent to trees being planted between the bike
path and the end of Westhaven Lane on the hill on the north side of Gore
Creek.
Jack Hunn - Tract K and Vail Resorts Page 5
As you can see, these issues are not proposed for the benefit of Tim,
Alan and me but for all Glen Lyon residents. However, at this point I
cannot advise you whether the issues will remain static as we have now
joined with many of our neighbors and they may have different needs than
the ones raised by us. In this regard, we have advised many Glen Lyon
residents of our goals and residents owning more than 25o/o of the land
area of Glen Lyon have entered into a binding written agreement not to
vote in favor of amending the Glen Lyon Covenants to allow any change of
use for Tract K. The signatories have the ability to terminate this
agreement when Vail Resorts responds to the issues listed above and, as
the Council insisted on August 3, negotiate in good faith with Glen Lyon
to achieve a fair resolution concerning the project on Tract K that Vail
has proposed. lf Vail Resorts acts responsibly, we hope that this group
can also be the core of Glen Lyon residents who can work to obtain the
consent to modify the Glen Lyon Covenants.
Unfortunately, Vail Resorts has made it almost impossible to expect that
they will negotiate with us in good faith. During my initial meeting
with Vail Resorts they requested that Tim, Alan and I take no action to
stop the construction of the bridge that is currently being constructed
across Gore Creek on to Tract K. We agreed on Vail's representation
that it would consider alternative routes on Tract K in good faith.
Obviously, Vail has not done so, and our neighbors in Glen Lyon are now
objecting to the bridge. We believe thal you have received
correspondence requesting that the Town of Vail stop such use, which
violates the Glen Lyon Covenants. While we do not want to take an
unreasonable position with regard to the bridge, the actions of Vail
Resorts in threatening to close the Westin Ho trail and the Cascade
Village Lift are making us reconsider why we should accommodate Vail
Resorts at all. Clearly, threatening to close the Westin Ho trail and
the Cascade Village Lift is a "scare tactic" designed to put pressure on
Glen Lyon owners to support Vail's snow cat project. However, nobody
reacts well to being bullied and, not surprisingly, it appears that
Vail's threats are having exactly the opposite effect intended - they
have angered Glen Lyon residents and incentivized them to oppose the
project. In fact, the threats make it likely would invalidate any vote
by Glen Lyon residents as a contract of adhesion. Vail Resorts has been
using the Westin Ho Trail as a ski trail for more than 20 years.
Neither the Town of Vail nor any Glen Lyon resident has objected to such
use, probably because it doesn't violate the Covenants in the first
place. Even if it did, I'm certain Glen Lyon would be willing to amend
the Covenants to accommodate this longstanding use. We believe that
such threatened action might also be an abuse of the permit granted to
Vail Resorts by the U.S. Forrest Service and intend to take appropriate
legal action if Vail carries through with its threats. We further
assume that the Town will also have an interest in stopping such closure
as it will make the parking facilities in Cascade Village unavailable
for use by skiers putting additional pressure on parking on Frontage
Road.
Hopefully, all of the above corrects the record. lf ngcessary, we will
be happy to supply you wlth emails, phone records and memorandums on
which this letter is based, We are still willing to reach a reasonable
accommodation with Vail Resorts to alloly the construction of a snow cat
road through Tract K. Hoivever, we expec-t to have negotiations that meet
the needs of all parties - not just Vail Resorts' - and we will not
negotiate with a gun to our head.
We would appreciate any assislance that the Torlvn of Vail can give us in
this matter and we appreciated the Town's candld, forceful
acknowledgement of its obligations under the Cownants.
Sincerely
Robert J. Rosen
Robert J. Rosen
Home:
1127 Lake Avenue
Greenwich, CT 06831
Phone: (2Q35224422
Email: bob@rosens.us
Office:
Greyhawke Capital Mvisors LLC
350 Bedford Street
Stamford, CT 06901
Phone: (203)358-9400
Fax: (203)286-1571
Car: (914)559-8117
Cell: (203)55&2211
email: rrosen@greytrewke.com
GG: <mabramante@aol.oom>, <dunning@vail.neF, <€asterling@dmi-stl.com>,
<ggoldberg@hollandhart.com>, <hzoom1102@aol.com>, <pam@vailsgodesignerglass.com>,
<Jackh@vailresorb.com>, <eileenm@vail.nel>, <spaceE@vail.net>, <fturannuity@aol.com>,
<tpennington@appleoaks.com>, <nsirotkin@aol.corn>, <bboplzz@aot.com>,
<jroche@destinatlonhotels.com >
VnrL RrsoRTS DEVELoPMENT CoMPANY
December 21, 2004
Town of Vail
C/O Stan Zeniler, Town Manager
75 S Frontage Road
Vail, CO 81657
RE:Enclosure to November 15,2004 Letter
Tract trt Glen Lyon Subdivision
Dear Mr. Zenfler:
Attached, please find the enclosure that was to be included in my previous letter, dated
November 15, 2004, that was pertaining to the proposed snow cat access route across
Tract K within the Glen Lyon Subdivision. The enclosed report is an acoustical analysis
prepared by Engineering Dynamics Inc. A site plan is included with this acoustical
repon.
I apologize for any inconvenience that our oversight may have caused.
Vice President
ion zurd Development
Development Company
Enclosures
fiift
Vail Resorrs Developt"l l"Ty . 137 Benchma* Road . Post Office Box 959 . Avon, Colorado 81620-0959 . (9?0) 845-2535 . fax (9?0) 845-2555 . wm,.vrdc.com
Vail . Breckenridge . Keystoneo . Beaver Creeko . Bachelor Gulcho . Armwheado . Red Sky Ranch"$
tiw
Snowcat Byprys Route Acous0cal Anitysls
EDI Job # G-334t
Prcpared Fon
Vall Resorts Development Company
137 Benchmad< Road
Vall, Golorado 81620
Volce: 970{45-256rt
Far 970{45-2555
Prcpared by:
A@'^rrt I Tl-8rr17-,"
Senior Acoustlcal Engineer
Date 22-Sep{X
3925 S. Kalamath St., Englewood, Golorado g0ll0 r volce: gO3-ZGl436Z
Page 1 of I
o lax 303-761-fil79
1.0
1.',|
Uffi
Backgrcund
ln 1996 Enginqering Dynamics, lnc. (EDl) completed a noise impact assessment for fre proposed snoarcatBypass Road option 'A, toreplace theexisting snovncat access, which is on West rorist'nola. -Thil [jAis turther studies noise levels generated by sn6nvcats on tre bypass rot.rt", "ffio[y to the n"* *Jla"n-*,built on Lot 40 and the vacant Lot 39.
Conclusions ftom'1996 Report
For reference the recommendations and conclusions from the 1996 report are repeated belor.
1996 Recommendations -To_mitigate noise impact to the residences located on the hillside between WestForest Road and the Gascade Way EDi recommends that Vail Associates imptemeni n; f"l&i;;procedures for operation of he Snourcats:
1. As the snorvcats travel up and dourn the bypass route and the Cascade Way they shall besbged so that ttte minimum distance between snowcats shall not be less thin Sdol ftr[ wiffminimize U9 g!$iti-ve effects of having two noise sources together.2. Snowcats shall be instruded to stay on the uphill side of thJcascade Way, as mudr aspossible.3. Snowcats shall use minimum engine rpm seftings from the beginning of bypass route to theend of the Cascade Way.
lmplementation of these recommendations will yield maximum outs'lde noise levels at any receiver'on the order of 40 to 45 dB(A), less than the existing average background noise levels tn the area.Reduction of the snowcat related noise outside effected res-idenceiinto the range of O to a5 dB(A),will reduce snowcat noise to be inaudible inside the effected residences.
1996 Conclusions - After implementation of the noise mitigation recommendations given in Section 4.0above, the proposed Snowcat Bypass Road Option'A; will result in no new or additional noise impaaat the oubide balconies at the Cascade Hotel, and residences on Westhaven Lane, West FiriitRoad, between west Forest Road and the cascade way, and Lots 39 and 40.
2004 Measuremenh
fh"!urpo"9 of the August 2004 measurements was to re-assess noise impacts ftom snowcat operations onthe^Snowcat Road Option A at the residence on Lot 40 and at the residential measurement loca$ons in the1996 report This was accomplished^by having two srowcats drive up and down the Cascade Wat;i x1;junction of the Cascade Way and Snoircat Roa<l Option A, anct ihen, measuring noise leveld at theresidential locations. The six residential rneasurenrent locations are listed in Tab6 t.i. Ourlng ail ;;;)measurement the two snowcats were operating at full throftle (maximum RpM), in order to ;;ili;maximum noise emission levels.
Additionally, 24-hour A-weighted continuous sound level measuremenb were made at residential Locations2 and 5.
1.2
!q!le {2: Reeldentlal Snorvcat Nolse measutement Loca$ons
Locatlon lD l|o
1 The rear patio alea oJ Resi<ience on Ftl[O-
2 Theffi
3 On tte balcony
4 outsioeW
5 outsldelffi
6 ontheBalconyo@
Date 22-Sep-O4
3925 S. Kalamath SL, Englewood, Golorado 80{10 o volce: 303-761{it67
Page 2 of2
fax 303-761-4it79
2,O
Uffi
ileasurcment Procedure
All sound level measurements were made witr a Larson Davis M^odel 824 Type 1 integrating logging realtime analyzer and the 24-trour measurements were made with two euest litooei-til-eg Tyft i Gggini S;;dLevel Meters. The 24-hour measurements were made rom approxmal"ri-ib"r ruisaay r-dnrigJia"
JzPol Wednesday 11-Aug-o4, and the snowcat noise measurements were made ftom
"ppiorir"-t& a'",to 5:30am Friday 13-Aug-04.
During both measurement periods- lind speeds were less han Smph, skies were clear and nighttimetemperatures were in the range of 40.F to Sd..
Measupment Results
Snoucat Operations
Sound Ievel measurements and subjective evbluation of snowcat noise was made at the six locations listedin Table 3.'l with two snowcab driving back and fonh at the junction oiiuncrion ot tre Cascaoe W;fi;;Snowcat Road option A' During all measuremenb tre snowbt engN;d;ere operating at maxmuni rpm;this utras done to nraximize snowcat noise emissions. Resutts of th"se-measuiemeirt arelSteO in faUb g.i.'
3.0
3.1
Table 3.{: Resldentlal Snowcat Noise ileasurement Results
Locatlon
ID
Backgrcund Nolse
Levels
l-70 Traffic Nolse
Levels
Snowcat Nolse
Levels
1 47 to49 55 to 68 55to57dE[
2 47lo49 556G8-Audible 48 to 5:i clE(Af
3 45 to 48 55 to 66 lnaudible
4 45 to 48 55 to 66 Inaudible to Barely
Audible
5 45 to 48 55 to 68 lnaudible to Barely
Audible
6 50 <55 lnaudible
Inspection of the datra in Table 3.1 shows,
a. At four of the six residential measurement locations snoflcat noise was either inaudible or sliqhflvaudible. This implies that snou/cat related noise is less than the baclground noise tevets.
-
b. At Lob 39 and 40 snolcat noise is audible and in the same Emge as or slighty higher than backgrcundnoise levels. lt is however, less than l-70 traffic norse.
c. lt ls lmportant to notg that during ski season only about 'lO snowcats a night wiil travel up or down theoption A Road. The pngth 9f th9 calcade^way and snowcat Road ogi6n 'A, from nd urloge iii rieSimba Ski Trail is on the order of 1400'. Given, snowcat speeds ot iO to 1s mph the totaTtimsiobavese the 14fi)' is less
-than .2+ninutes per vehicle. Additibnally, the local topoiraphy behd; Gsnorcat route and Lots 39 and 40 efiec'tivety reduces he exposure distance t6 tess ttian half of the1400'. Therebre, any residences on Lots 39 or 40 are exposed to audible snowcat noise for less than15-minutes per night
The intormation in ltem 'c above can be turther extrapolated to the audibility of snourcat noise insideresidences on Lots 39 or 40.- Building requhements lnvail require all homes to tiave double failriil;il,which provide a minlmum of !! dB(A) noise reduction from ouiside to inside. With measured'snowcat ntGlevels of 5q-!o-57 dB(A) outslde he rear of the exls0ng residence on Lot 39, snowcat noise levels inside the
lesidence (3' ftom a windonr tacing the snowcat bai6) will be in the range 25 to 27 dB(A). Noise tevilsturther insirle rooms will be more than 5 dB(A) less. Baclqround noise leveis lnsioe a tvpicai duiei mo".hil-
Date 22-Sep{4 Page 3 of 3
3925 S. Kalamath SL, Englewood, Colorado 80110 o volce: 303-761.4367 r fax 303-7614379
residence, at night' are in the range of 25 dB(A). Therebre, snwcat noise will be inaudible inside thisrcsidence.
3.2 24-hour Noise Results
Results of the 24{rour noise levels measuremenb are listed in Table 3.2. The Leq is the energy averagenoise level over the entire measurement period (in this case a l-r,oui timl period). rne noisJffvers
'
associated with the_exceedance percentiies, L5d and Lgo, are the tevetJ thh are'exceeoeo i percJnt of tretime. That is the L50 is the noise level trat is exceeded sb percent ot ttratime (similar to ure ciaii average),and the LgO is the noise level that is exceeded 9o percent of ttre tinre; soga of the tirre it is noGui ttran treL50 and 907o of the time it is noisier than the L90. The L90 is atso conlioired to be tre oactground noiselevel.
Table 3.2: 24{rour Nolse illeasurcment Reeults
Date 22-Sep-04
lnspection of $e data listed in Table 3.2 sho\,'rs,
a. The L90 or background nolse levels on Lots 39 and 40 (hey are both similar distances from l-70) arenever.less than 46 dB(A), and the average background rioisi level (the average ot all 2,Fhours of L60data) is 58 dB(A).
b. The minlmum and average LgO levels at1220 Westraven Lane North are also never less than 46 dB(A).and the average background noise level (the average of all 24-hours of LSO OJtayis SO aBdi.
'
Page 4 of4
3925 s. Kalamath st, Englewood, Gororado 90fi0 r vorce:303-z6r-{367 r far 303-76r.rfit79
Center of Lot 39 Outslde taZO Weshiven t-ane tforttr
Leq L50 L00 Leq L50 L90
O:00 63 58 51 0:00 61 58 52
1:00 63 57 48 1:00 60 56 48
2:@ 63 57 47 2:OO 60 56 49
3:00 63 55 45 3:fi)60 55 48
4:00 62 u 46 4:00 58 53 46
5:00 63 58 49 5:00 60 56 r[9
6:00 65 63 56 6:00 62 61 55
7:00 67 65 61 7:00 64 63 59
8:00 68 66 62 8:00 65 64 609:fi)67 65 61 9:00 66 63 59
10:00 67 66 61 10:00 63 61 57
11:00 73 71 66 11:00 68 62 58
12:00 68 67 63 12:00 69 63 59
13:00 69 67 63 13:00 68 63 59
14:00 67 66 62 14:00 64 63 59
15:00 08 66 62 15:00 67 63 59
16:00 69 67 63 16:00 67 63 59
17:00 69 66 63 '17:00 68 62 59
18:00 71 67 62 '18:00 68 61 57
19:00 70 65 60 19:00 64 60 56
20:00 65 63 59 20:00 64 61 57
21:00 67 65 60 21:00 al 63 58
22:J,0 66 63 57 22:00 65 62 56
23:00 64 59 54 23:00 6'l 59 54
Uffi
c. The rnsl important infonnation in Table 3.1 is that the avgrage L50 (over an enffre 2&hour time period)at Lots 39 and 40 is 63 d.B(A).. This_average noise level iJin the'range of 6 to 8 dB(A) l",rd[fd,;snowcat noise at this location; whictt, from Sec'tion 3.1 ls typically onty au?iUte tor a Ouradon ot bss x1;;lFminutes p€r night during ski season.
Gonclurlons
The resuib presented in Seclion x0 abovejgrge^with the results found in EDI's 1996 report that snolycatoperations on cascade Way and_snowcat Ro-ad option A, will have No lmpac{ on ore cioseit rCiioeniii,residences on Lots 39 and 40, to he sno,rrcat route or to the five residencqs were sounA fevermeasurenrenb were taken. This result can be odrapotatd to all residences west and southwest ofWeshaven Lane Norttr.
Date 22-Sep-O4
3925 S. Kalamath St, Englewood, Golorado 80110 o yq16s. 303-7614it6? o
Page 5ofs
fax 303-761-fil79
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- Tract
.a'
From: "Jay Peterson" <jkp@vail.nel>
To: "Bill Gibson" <BGibson@vailgov.com>
Date: 04/19/200511:14:03AMSublect: Tract K
Biil:
All issues will not be resolved by May 3, 2005, however, we have had two meetings with the Glen Lyon
homeowners and the Cascade Village Metro District. Those meetings have gone extremely well and I
believe that we can get consent to amend the covenants. I would request that the 2nd reading of the
ordinance be postponed until the June 21 ,2005 as we have given the owners until June 1 5, 2005 to get
that done. I know I will get some grief over lhis, but this schedule still allows us to complete the project
this summer.
Please call with your thoughts and recommendations.
Jay
CC: dom@braunassociates.com>
- Tract
From:
To:
Dale:
Subject:
'Uay Peterson' <jkp@vail.net>
"Bill Gibson" <BGibson@vailgov.com>
0611412005 10:07:07 AM
Tract K
Dear Bill,
Pursuant to our discussion yesterday and your voice message today, I would request that the second'
reading of Ordinance #17 be tabled to August 2,2005. As we discussed, the negotiations with a few
Owners in Glen Lyon are an on going ordeal, but look promising. The Cascade Village Metropolitan
District Board meeting is this Friday and the Amended Lift Agreement should be voled on and accepted
on that date. That is part of the package that goes to the Glen Lyon homeowners. We have a deadline of
July 15, 2005 to gei the approval of the Amended Covenants done so we will know where we stand by the
August 2, 2005 Gouncil meeting. Sorry this is taking so long but we have been trying to solve all the issues
as they come up. This has been a moving target. Please call with any questions. Thanks for all your
help.
Jay
From: lay Peterson" <jkp@vail.net>To: "Bill Gibson" <BGibson@vailgov.com>Date: 07121120612:04:38 PMSublect: TractK
Biil,
Pursuant io my last discussion with you regarding Tract K, lwould request that ths August 2, 2005 Town
Council meeting be tabled to the September 6, 2005 meeting. The packets have gone out to all the Glen
Lyon Orvners, and we have given them to August 15, 2005 to respond to the Covenants Amendment. A
packet has b€en sent to the Tolvn. This gives us 3 weeks to calculate the appropriate percentages and to
review any possible negative commenls.
Jay
- Re: Tract
From: lay Peterson" <jkp@vail.net>To: 'Bill Gibson" <BGibson@vailgov.com>Date: 091261200512:00:07 PMSubject: Re: Tract K
Biil,
Let's just do an update.
Jay
--- Original Message *--
From: Bill Gibson
To: jkp@vail.net
Sent: Monday, September 26,2005 8:58 AM
Subject: Tract K
Hey Jay,
What is the most recent status on Tract K negotiations? ls evefihing in order to proceed with the
second reading of the SDD amendment next week?
Thanks,
Biil
- Re: Tract 1
From: "Jay Peterson" <jkp@vail.net>
To: 'Bill Gibson" <BGibson@vailgov.com>
Date: 09126120051:20:45 PMSubject: Re: Tract K
Bi[,
Let's do November 15, 2005. Thanks.
Jay
--- Original Message ---
From: Bill Gibson
To: jkp@vail.net
Sent: Monday, September 26, 2005 1 :1 1 PM
Subject: Re: Tract K
HeyJay,
We will request that the second reading of the ordinance be tabled until November 1, 2005; unless you
would like to table to an even later meeting.
Bitl
Bill Gibson, AICP
Town Planner
Town of Vail
75 South Frontage Road
Vail, CO 81657
(970J 479-2173
(970) 479-2452tax
ttt "Jay Peterson" <jkp@vail.net> 0912612005 11:59:36 AM >>>
Bilt,
Let's just do an update.
Jay--- Original Message ---
From: Bill Gibson
To: jkp@vail.net
Sent: Monday, September 26, 2005 8:58 AM
Subject: Tract K
Hey Jay,
What is the most recent status on Tract K negotiations? ls evefihing in order to proceed with the
second reading of the SDD amendment next week?
Thanks,
Bill
- Re: Tract 1
From: lay Peterson" <jkp@vail.net>
To: "Bill Gibson" <BGibson@vailgov.com>
Date: 111041200511:11:22 AM
Subjecl: Re: Tract K
Bi[,
We still don't have the required Votes because the group that signed that agreement. Let's try to table it to
January 17, 2006. Thanks.
Jay
--- Original Message ---
From: Bill Gibson
To: jkp@vail.net
Sent: Thursday, November 03, 2005 2:34 PM
Subject: Tract K
Hey Jay,
What's the latest word on the Tract K covenant issue? lf we're proceeding with the second reading of
the ordinance on 11/15, l'll need to know ASAP so I can prepare next week's agenda request and
memorandums. lf we need to table this to another future meeting, just let me know.
Thanks,
Bitl
Bill Gibson, AICP
Town Planner
Town ol Vail
75 South Frontage Road
Vail, CO 81657
(9701479-2173
(970) 479-2452ta><
t:
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
July 12,2004
A recommendation to the Vail Town Council of 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.4, Cascade Village, to allow for a new development area located at Tract
K, Glen Lyon Subdivision, and setting forth details in regard thereto.
Applicant Vail Resorts, represented by Braun Associates, Inc.Plannen Bill Gibson
ll.
SUMMARY
The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final
review of a major amendment to Special Development District #4, Cascade Village (SDD
#4), to allow for a new development area located at Tract K, Glen Lyon Subdivision. Based
upon Staffs review of the criteria in Section Vlll of this memorandum and the evidence and
testimony presented, the Community Development Department recommends that the
Planning & Environmental Commission forwards a recommendation of approval, with
conditions, to the Vail Town Council of the proposed major amendment to Special
Development District #4, Cascade Village.
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final
review of a major amendment to Special Development District #4, Cascade Village (SDD
#4), to designate Tract K, Glen Lyon Subdivision, as a new'development area'(i.e.
Development Area E) within SDD #4. The primary purpose for this application is to
designate Track K as a separate development area to facilitate the construction of a new
snowcat access road generally located south of the Eagle River Water and Sanitation
District (ERWSD) and VailAmoco sites (846 West Forest Road and 934 South Frontage
Road) to the Cascade Way trail (formerly known as the Westin Ho trail).
Tract K is currently designated as part of the "Dedicated Open Space" area of SDD #4
(refer to page 3, of Ordinance 23, Series of 1998). The provisions of SDD #4 have not, and
do not, include any approved development plan nor any established development
parameters for the Dedicated Open Space areas (including Tract K). SDD #4 does not
designate any permitted uses, conditional uses, or accessory uses for the Dedicated Open
Space. While the primary purpose for this application is to designate Track K as a
separate development area to facilitate the construction of a new snowcat'access road,
another purpose for this proposed major amendment is to establish a list of allowable land
.t\
uses for Tract K.
The applicant's proposed permifted uses for Tract K are similar to those within the Open
Space and Recreation Districts established by Chapter 12-8, Vail Town Code (e.g.
Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base
Recreation, and Ski Base Recreation 2 districts). The applicant has proposed that the
following land uses be permitted within Development Area E (i.e. Tract K):
1. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Code, Staff recommends the following uses be permitted on Track K:
1. Nature Preserves
2. Passive outdoor recreation areas and open spaces
Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and
for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts,
Vail Town Code, Staff also recommends the following conditional uses be allowed on Track
K, subject to the issuance of a conditional use permit:
1. Interpretive nature walks
2. Bicycle paths and pedestrian walkways
3. Public utility and public service uses
4. Skitrails
5. Snowmaking facilities
6. Access roads
7. Other uses customarily incidental and accessory to permitted and conditional
uses and necessary for the operation thereof, with the exception of buildings.
A copy of the current SDD #4 regulations, Ordinance No. 23, Series of 1998, (attachment
A) and a more complete description of the applicant's request (attachment B) have both
been attached for reference.
III. BACKGROUND
The following is a brief summary of Tract K and SDD #4 history which is relevant to the
proposed major amendment:
I
t:
lv.
March 1976: Ordinance 4 of 1976 - Town of Vail annexes "Lionsridge" area
March '1976: Ordinance 5 of 1976 - SDD #4 established, Tract K is part of
development ?rea C". "Ski lifts and Tows" are allowed as conditional uses in
areas A, B, & C.
November 1977: Ordinance 28 of 1977 - SDD #4 "Dedicated Open Space'
development area designation created; however, the properties in this area are
not identified.
April 1978: Glen Lyon covenant restrictions are adopted for Tracts B, C, D, E, F,
G, H, J, K & "stream tracf.
July 1978: Tract K is deeded from Gore Creek Associates to the Town of Vail.
August 1983: conditional use permit approved 1o construct the Westin-Ho ski
trail in Special Development District #4".
June 1986: conditional use permit approved "in order to construct a ski lift at
Cascade Village"
June & September 1987: Glen Lyon covenants amended to allow bridges, lifts,
mazes, trails, equipment, etc. for Tracts J, H, & "stream tract".
December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with
"ski lift" conditional use allowed in areas A, B, & C.
The proposed snowcat access project has recently received Town of Vail approval for
improvements to the Eagle River Water and Sanitation District property and a bridge
across Gore Creek. The Design Review Board has reviewed and approved the proposed
snowcat access road. The Planning and Environmental Commission and the Town Council
have approved a retaining wall variance to facilitate the construction of the road. The
snowcat access road can not be constructed until SDD #4 is amended, the Town Council
grants approval of easements for the road, and any potential conflicts with the Protective
Covenants of Glen Lyon Subdivision have been addressed.
ROLES OF REVIEWING BODIES
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for forwarding a
recommendation of approval/denial/approval with conditions of a major amendment to a
special development district to the Town Council.
Design Review Board:
Action: The Design Review Board has NO review authority on a major amendment to a
special development district, but must,review any accompanying Design Review Board
application.
V.
Town Council:
The Town Council is responsible for final approval/denial/approval with conditions of a
major amendment to a special development district. Actions of Design Review Board or
Planning and Environmental Commission may be appealed to the Town Council or by the
Town Council. Town Council evaluates whether or not the Planning and Environmental
Commission or Design Review Board erred with approvals or denials and can uphold, uphold
with modifications, or overturn the board's decision.
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 memorandum 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.
APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
Article 12-9A: Special Development Districts (in part)
12-9A-1: PURPOSEi
The purpose of the special development drstrict is to encourage flexibility and
creativity in the development of land in order to promote its most appropiate use; to
imprcve the design character and quality of the new development with the town; to
facilitate the adequate and economical provision of sfreefs 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. The
special development district does not apply to and is not available in the following
zone districts: Hillside residential, single-family, duplex, pimary/secondary. The
elements of the development plan shall be as outlined in section 12-9A-6 of this
article.
12-9A-2: DEFINITIONS:
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposalto
change uses,' lncrease 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, "lnterior Conversions", or 12-1 5-5,
"Additional Gross ResrUential Floor Area (250 Ordinance)", of this tiile.
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1 2-9A-6: DEVELOPMENT PLAN:
An apprcved development plan is the principal document in guiding the
development, uses and activities of a special development distict. A development
plan shall be approved by ordinance by the Town Council in conjunction with the
review and approval of any special development district. The development plan
shall be comprtsed of materials submifted in accordance with Section 12-9A-5 of
this Article. The development plan shall contain all relevant material and information
necessary to esfab/ish the parameters with which the special development district
shall develop. The development plan may consist of, but not be limited to, the
approved site plan, floor plans, building secfibns and elevations, vicinity plan,
parking plan, preliminary open space/landscape plan, densftbs and permifted,
conditional and accessory uses.
12-9A-7: USE&
Determination of permifted, conditional and accessory uses sha// be made by the
Planning and Envircnmental Commission and Town Council as a paft of the formal
review of the proposed development plan. Unless fufther restricted thtough the
review of the proposed special development district, permifted, conditional and
accesso/y uses sha// be limited to those permifted, conditional and accessory uses
in a prcperty's underlying zone district. Under ceftain conditions, commercial uses
may be permifted in residential special development districts if, in the opinion of the
Town Council, such uses are pimarily for the seruice and convenience of the
residents of the development and the immediate neighborhood. Such uses, if any,
shall not change or destoy the predominanfly residential character of the special
development distict. The amount of area and type of such uses, if any, to be
allowed in a residential special development district shall be established by the
Town Council as a paft of the apprcved development plan.
1 2-9A-8: DES/GN CRITERIA:
The following design criteria shall be used as the principal citeria in evaluating the
merits of the proposed special development district. lt shall be the burden of the
applicant to demonstrate that submiftal 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
rnferesf has been achieved:
A. Compatibility: Design compatibility and sensitivity to the immediate
envircnment, neighborhood and adjacent propefties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
i nte g rity a n d o rie ntatio n.
B. Relationshrp: Useg activity and density which provide a compatible,
efficient and wo*able relationship with sunounding uses and activity.
C. Parking And Loading: Compliance with parking and loading requirements
as ouflined in Chapter 10 of this Tiile.
D. Comprehensive Plan: Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
E. Natural And/Or Geologic Hazard: ldentification and mitigation of natural
and/or geologic hazards that affect he prcperty on which the special
development district is proposed.
F. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensrtive to nafunl features, vegetation and overall aesthetic quality of the
community.
G. Traffic: A circulation sysfem designed for hoth vehicles and pedestrians
addressing on and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserue natural features, recreation, views and
function.
l. Workable Plan: Phasing plan or subdivision plan thatwill maintain a
workable, functional and efficient relationship throughout the development of
the special development district.
1 2-9 A-9 : DEV ELOP M ENr SIANDARDS;
Development standards including lot area, site dimensiong sefbacks, height,
density control, site coverages, landscaping and parking shall be determined by the
Town Council as paft of the approved development plan with consideration of the
recommendations of the Planning and Environmental Commission. Before the Town
Council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the Town
that outweigh the adverse effects of such deviation. This determination is to be
made based on evaluation of the proposed special development disticfs
compliance with the design criteria outlined in Secfion 12-9A-8 of this Article.
1 2-94-1 0 : AM EN D M E NT P ROCE DURES.'
B. Major Amendments:
7. Requests for major amendments to an approved special development distict
shall be reviewed in accordance with the procedures described in Secfion 12-9A-4
of this Article.
2. Owners of all property requesting the amendment, or their agents or authorized
representatives, shall sign the application. Notification of the proposed amendment
shall be made to owners of all property adjacent to the property requesting the
proposed amendment, owners of all property adjacent to the special development
district, and owners of all property within the special development district that may
be affected by the proposed amendment (as determined by the Department of
Community Development). Notification procedures shall be as outlined in
subsection 12-3-6C of this Title.
TOWN OF VAIL LANDUSE PLAN
Chapter Vl-2: Key Goals
D. Parks and Open Space.'
2) The pre seruation of ope n space was determined to be a high pioity.
The improvement of existing parks and open space areas, in concert
\I
VII. SITE ANALYSIS
Legal Description:
Zoning:
Current Land Use:
VIII. CRITERIA FOR REVIEW
Lot K, Glen Lyon Subdivision
Special Development District #4
Land Use Plan Designation: Open Space
Open Space and the Cascade Way trail
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.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's cunent
SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the
proposed snowcat access road is a similar land use as the existing Cascade Way trail
which was approved in 1983. Furthermore, the proposed land uses for Development
Area E (i.e. Tract K) do not allow for the construction of buildings.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Design Review Board; therefore, Staff believes the proposed major amendment is
compatible and sensitive to the immediate environment, neighborhood and adjacent
properties.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the
proposed snowcat access road is a similar land use as the existing Cascade Way trail
which was approved in 1983; therefore, Staff believes the proposed major
amendment is compatible, efficient and workable with the surrounding uses and
activities.
C. Compliance with parking and loading requirements as outlined in Ghapter 12-10
of the Vail Town Gode.
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with continued purchase of open space by the Town of Vail were both
identified as priorities.
Chapter Vl4: Proposed Land Use Categories (in part)
OS Open Space;
Passiye recreation areas such as greenbelts, stream conidors, and
drainageways are the types of areas in fhis category. Hillsides which were
c/asslfied as undevelopable due to high hazards and s/opes over 40To are
also included within this area. These hillside areas would still.be allowed
types of development permitted by existing zoning, such as one unit per 35
acres, for areas in agricultural zoning. Also, permifted in this area would be
i n stitutio n al/pubfic uses.
TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN
Tract K is not addressed by the Comprehensive Open Lands Plan.
SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS
As noted above, Chapter 12-9 of the Town Code provides for the amendment of existing
Special Development Districts in the Town of Vail.
An approved development plan is the principal document in guiding the development, uses,
and activities of the Special Development District. The development plan shall contain all
relevant material and information necessary to establish the parameters with 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; densiiies; and permitted,
conditional, and accessory uses.
The determination of permifted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review of
the proposed development plan. Unless further restricted through the review of the
proposed Special Development District, permitted, conditional and accessory uses shall be
limited to those permitted, conditional and accessory uses in the property's underlying zone
district.
The Town Code provides nine design criteria, which shall be used as the principal criteria in
evaluating the merits of the proposed major amendment to a Special Development District.
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.
D.
Staff does not believe that this major amendment is affected by the parking or loading
requirements of Chapter 12-10, Vail Town Code. Therefore, Staff does not believe
this criterion is relevant to this application.
Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review prooess for the establishment of a special development
district. Tract K is designated as "Open Space" by the Vail Land Use Plan. Staff has
reviewed the Vail Land Use Plan and believes the following policies are relevant to
the review of this proposal:
Chapter Vl-2: Key Goals
D. Parks and Open Space.'
2) The preseruation of open space was determined to be a high pionty.
The improvement of existing parks and open space areas, in conceft
with continued purchase of open space by the Town of Vail were both
identified as pioities.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open Space.'
Passive recreation areas such as greenbelts, stream conidors, and
drainageways are the types of areas in this category. Hillsides which were
c/assifred as undevelopable due to high hazards and s/opes over 40%o are
also included within this area. These hillside areas would still be allowed
types of development permitted by existing zoning, such as one unit per 35
acres, for areas in agricultural zoning. Also, permitted in this area would be
i n stituti o n al /public uses.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space" and the policies, goals, and
objectives identified in the Vail Land Use Plan.
ldentification 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, Development Area E
(i.e. Tract K) is not located in any geologically sensitive areas or within the 100-year
floodplain. Therefore, Staff does not believe this criterion is relevant to this
application.
E.
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.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districls (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major
amendment complies with this criterion. Additionally, Staff believes the proposed
snowcat access road is a similar land use as the existing Cascade Way trail which
was approved in 1983.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Design Review Board; therefore, Staff believes the proposed major amendment is
functional, responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community.
A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The proposed major amendment will facilitate the construction of a new snowcat
access road. This proposal will remove Vail Resorts'winter mountiain maintenance
traffic from public streets (i.e. West Forest Road). Staff believes this will have a
positive affect on traffic flows and traffic safety. Additionally, the proposed major
amendment will not negatively impact use of the existing Cascade Way trail or the
existing bike trail along Gore Creek; therefore, Staff believes the proposed major
amendment complies with this criterion.
Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed,uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space'. Therefore, staff believes the major
amendment complies 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.
As there is no phasing or subdivision plan associated with the major amendment,
Staff does not believe this criterion is relevant to this application.
G.
H.
10
STAFF RECOMMENDATION
The Community Development Department recommends that the Planning & Environmental
Commission foruards a recommendation of approval, with conditions, to the Vail Town
Council of the proposed major amendment to Special Development District #4, Cascade
Village. The Staffls recommendation of approval is based upon the review of the criteria
outlined in Section Vlll of this memorandum and the evidence presented on this application
subject to the following finding:
"That the proposed major amendment to Special Development Distrtct#4, Cascade
Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision,
and setting forth details in regard thereto, complies with the nine design criteria ouflined
in Section 12-9A-8, VailTown Code.
Furthermore, the applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented, that any adverse effects of the
requested deviations from the development standards of the undedying zoning are
outweighed by the public benefits provided.
Lasfly, the Commission finds that the reguesf is consistent with the development goals
and objectives of the Town."
Should the Planning and Environmental Commission choose to approve lhis majoramendment
request, the Community Development Department recommends the following conditions:
1. The following uses shall be permitted in Development Area E (i.e. Tract K) of
Special Development District #4, Cascade Village:
1. Nature Preserves
2. Passive outdoor recreation areas and open spaces
2. The following conditional uses shall be allowed in Development Area E (i.e. Tract
K) of Special Development District #4, Cascade Village, subject to the issuance of
a conditional use permit:
1. Interpretive nature walks
2. Bicycle paths and pedestrian walkways
3. Public utility and public serviie uses
4. Skitrails
5. Snowmaking facilities
6. Access roads
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the exception
of buildings.
11
3. Prior to the Town Council's second reading of a ordinance amending Special
Development District #4, Cascade Village, the applicant shall submit written
documentation to the Town of Vail Community Development Department
demonstrating that the amendments are consistent with all provisions of lhe
Protective Covenants of Glen Lyon Subdivision.
X. ATTACHMENTS
AttachmentA: Mcinity Map
Attachment B: Applicant's request
Aftachment C: Ordinance 23, Series of 1998
Attachment D: Draft Ordinance No. 17, Series of 2004
Attachment E: Public Comment
Attachment F: Public Notice
12
Attachment: A
Aftachment: B,
PROPOSED AMENDMENT TO
GLDN LYON SPECIAL DEVELOPMENT DISTRICT #4
June 1.2004
PURPOSE OF THIS AMENDMENT
This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD #4. The purpose
of this SDD amendment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROUND ON SDD #4
SDD #4 was originally approved in7976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone
district. Typically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed in the
SDD.
SDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development level and changes to
development areas.
When originally approved in 1976, SDD #4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing
mixed-use character.
In 1977 SDD #4 was amended to include the same fow Development Areas (Areas A-D)
with the addition of a 40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated
Open Space". As indicated inthe 1977 amendment, the total land area of the SDD was
approximately 92 acres.
SDD #4 was amended a number of times following the 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town of Vail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resod's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowrnaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two ofthe four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project.
h April of 2004 a l996letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was ajoint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review ofa new
mountain access road that would be located in part over Tract K. The accessway location.
and desigrr contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD *i4.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalk" appear to be a permitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD *F4.
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD fl4:
. Create a new development area - Development Area E, this area will consist of "Tract
K".
' Establish allowable uses within Development Area E to include:
Permitted Uses
l. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
r Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract K, it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for the bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. 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:
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.
Response
Numerous snowcat access alignments have been studied over the years. The
proposed route minimizes impacts on the site and impacts to surrounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as a whole.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response
The limited uses proposed for Development Area E are consistent with Tract E
"open space dedication" designation, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter l0 of this Title.
Response
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
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.
ResDonse
A geotechnical analysis has been completed in conjunction with the desigrr of the
snowcat access road.
F. Design Features: Site plan, building design and location and open space provisions
desigrred to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
Response
The snowcat accessway has been desigred in order to minimize both cuUfill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part ofthe bridge/snowcat accessway.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
ResDonse
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction oftraffic on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
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. (Ord. 2l(1988) $ l)
Response
---.-------------Initially proposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intake/vault, new snowmaking lines up Vail Mountain and anew bridge over
Gore Creek. Phase I would be done the summer/fall of 2004. Phase II would
consist of the snowcat accessway up Vail Mountain. The timing for completion
of Phase II is to be deterrnined. If the SDD amendment process is resolved in a
timely manner the accessway could be consttrcted tm200/'. As an alternative, it
is anticipated that the accessway would be constructed in 2005.
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Attachm6nt: C
ORDINANCE NO. 23
SER|ES OF 1998
AN ORDINANCE AMENDING OROINANCE NO. 8, SERIES OF 1995, REVISING GROSSRESIDENTIAL FLOOR AREA (GRFA), EUTLOING iEiCHr NCOUiNErrCrVil, ;I,i;"EM'LO'EE HOUSIN.. pxovrsror.rs roR r-oislb-r nrvo gs-i, clEr.i L-io'-suBDtvtstoN. DEVELoPME_NT_AREA c, sDD r.ro. I lcescaoe v[Lcitr .ntiJqLrrvc
RESOLUTION NO. 10, SERIES Or rgEZ,'WHICH FhbVOES SPECIAL PROVISIONS FORLOTS 39-1 AND 39.2. GLEN.LY.oN sueo|v|s|oN: oilErrNc oUTDATED coNDITIoNSAND REFERENcES ro EXpTRED oever_oprr,rEr.ri'pGil:er.ro sernr,rCFoiiiiijeiits
IN REGARD THERETO.
wHEREAS, Hagopian and pennington, LLC, has requested an amendment to the
existing special Deveropmenr District No. 4, Deveropment Area c, Lots 39-1 and 39-2, cren
Lyon Subdivision; and
W-IEREAS. the planning and Environmental Commission has unanimously
recommended approvar of the proposed buirding height, GRFA, and Emproyee Housing Unit
restrictions for Lots 39-1 and 39-2; and
WHEREAS. the Town Council considers that it is reasonable, appropriate, and
beneficiar to the Town and iti citizens, inhabitants, and visitors to amend ordinance No. g,
series of 1995 and repear Resorution No. 10, series of 1gg2 to provide for such changes in
Special Development District No. 4, Cascade Village.
NOW' THEREFORE, BE IT OROAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 8, Series of 1995, is hereby amended as follows:
Section 1.
Resolution No. 10, Series of 19g2, is hereby repealed.
Section 2. Amendment procedures Fulfilled, planning Commission Report.
The approval procedures described in section 12-9A ofthe Vair Municipar code have been furfiheo.
and the Town councir has received the recommendations of the planning and Environmentar
commission for an amendment ro the deveropment pran for speciar Deveropment District No. 4.
Ordinance 23. Series ot tggg \
Section 3. Special Development District No, 4
speciar Deveropment District No. 4 and the deveropment prans thercfore, are hereby remain
approved for the deveropment of Speciar Deveropment District No. 4 within the Town of vair, unress
they have expired.
Section 4' speciar Deveropment District No. 4, cascade vi[age sharr read as,o[ows:
Purpose
special Deveropment District No. 4 is estabrished to ensure comprehensive development
and use of an area in a manner that wilr be harmonious with the general character ofthe
Town, provide adequate open space and recreational amenities, and promote the
objectives of the Town oivair comprehensive pran. speciar Deveropment District No.4 is
created to ensure that the deveropment density wi be relativery row and suirabre for the
area and the vicinity in which it is situated, the deveropment is regarded as comprementary
to the Town by the Town council and the planning commission, and because rhere are
significant aspects of,the speciar Deveropment District which cannot be satisfied through
the imposition of standard zoning districts on the area.
Definitions
Fdr the purposes of this chapter, the following definilions shall apply:
A' "speciar attraction" shal be defined as a museum, seminar or research center or
performing arts theater or cultural cenler.
B. 'Transient residentiar dwefiing unit or restricted dwefiing unit,' shalr be defined as a
dweling unit rocared in a multi-famiry dweling that is managect as a short term rentar in
which at such units are operated under a singre management providing the occupants
thereof customary hoter services and facirities. A short term rentar shal be deemed to be
a rentar for a period of time not to exceed 31 days. Each unit shat not exceed 645 souare
feet of GRFA which shat incrude a kitchen having a maxrmum of 35 square feet. The
kitchen shafl be designed so that ir may be rocked and separated from the rest ofthe unir
in a irose. A transienr dweting uhit shat be accessibre from common corrictors, warks. or
barconies without passing through another accommodation unit, ctwerling unit, or a transient
residentiar dweting unit. shourd such units be deveroped as condominiums, they shafl be
restricted as set forth in section 13-7 condominiums and condominium conversions,
subdivision Regulations. The unit shalr not be used as a permanent residence. Fractional
O.dinance 23, Serle3 ot l99g
fee ownership sha, not be atowed to be appried to transient dwering units. For the
purposes of determining afiowabre density per acre, transient residentiar dwefling units shall
be counted as one harf of a dwering unit. The transient residentiar dweting unit parking
requirement shat be 0.4 space per unit prus 0.1 space per each 100 square feet of GRFA
with a maximum of 1.0 space per unit.
Estab!ished
A' speciat Deveropment District No. 4 is estabrished for the cteveropment on a parcel
of land comprising 97.g55 acres as more particurarry described in the attached Exhibit A.
special Deveropment District No.4 and the g7.g55 acres may be refe'ed to as 'sDD No.
4.0
B. The district shan consist of four separate deveropment 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 LotsGlen Lyon Commercial Site
Dedicated Open Space
Roads
TOTAL
Develo pm ent Pl a n-Requ i re d-App roval pro cedu re
Each deveropment area with the exception of Deveropment Areas A end D sha, be
subject to a singre deveropment pran. Deveropment Area A sha' be arowed to have
two deveropment prans for the cascade crub site as approved by the Town councir.
The Waterford and Cornerstond sites shall be allowed one development plan each.
Development Area D sha be allowed lo develop per the approved phasing plans
as approved by the Town councir. The deveroper shat have the right to proceed
with the deveropment prans or scenarios as defined in rhe deveropment statistics
. section of this ofdinance. Amendments to SDD No. 4 sha comply Section 12_9A
of the Municipal Code.
Development Area Acreage
A 17.955B 4.OOOc g.tooD 1.800
40.400
4.700
97.955
Ordinance 23, Series of 1998
Permitted Uses
A. Area A. Cascade Village
1' First floor commerciar uses shat # rimited to uses risted in sec{ion 12-78-3.
(commerciar core 1), of the Municipar code. The "first floor- or "street revel" sha, be
defined as that floor of the building that is located at grade or street level;
2' Alr other floor revers besides first floor street rever may incrude retaii, theater,
restaurant, and ofiice except that no professional or business office shat be rocated on
street level or first floor (as defined above) unless it is clearly accessory to a lodge or
educationar institution except for an office space having a maximum square footage of g25
squere feet rocated on the first floor on fte northwest comer of the praza conference
Center buitding;
3. Lodgei
4. Mutti-femitydwe ing;
t5. Single.Familydwelling;
5. Primary/Secondarydwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
Area B, Coldstream Condominiums
1 . Two-family dwelling;
2. Multi-familydwe ing.
Area C, Glen Lyon primary/Secondary and Single_Family Lots
'| . Single famity dwe ing;
2. Two-famitydwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12_13, of the Municipal
Code.
Area D. Glen Lyon Commercial Site
1. Business and professional ofiices;
2' Emproyee dwe ing as defrned in secflon 12-13 of the Municipar code.
(.
Odinanco 23, Seri.s of I 998
Conditionat lJies
conditionar uses.shafl be reviewed per the procedures as outinad in chapter 12_16 0f the
Town of Vail Zoning Regulations.
A. Area A, Cascade Mltage
1' cascade crub addition of a werness center not to exceed 4,500 square feet.
2' Fractionar fee orivnership as defined in the Town of vair Municijal code.
section 12-2 shat be a conditionar use for dweting units in the westhaven
' multi-famly dweflings. Fractionar fee ornership shart not be apptied to restdctect
emproyee dwefling units or transient residentiar dwelring units. olvnarship intervars
shall not be lEss than five weeks.
3. Special attracllon;
4. Ski tifts;
S. public park and recreationat facilities:
6. ' Major arcades wilh no foniage on any public way, strCet, walloray or mall
'area.
B. Area B, Coldstream Condominiums
ii public park and recreational facitities;
' 2. Ski tifts.
. C. Area C, Gten Lyon primary/Secondary and Single.Family Lots
1. public park and recreational facilities;
- 2. Ski lifls;
D. Area D, Glen Lyon Commercial Site
1. Micro_brewery as defined in Town of Vail Municipal code, Chapter 12-2.
Accessory Uses
A. Area A. Cascade Villaoe
1. Minor arcade.
2. Home occupations, subject lo issuance of a
accordance with the provisions of Title 12,. Zoning
Municipal Code,
home occupation permit in
Regulations, Town of Vail
Ordinrnc! 23, Series of 1998
3. Attached gerages or carports, private greenhouses. swimming pools, tennis
courts, patios, or other recreationar facirities customariry incidentar to permitted
residential uses.
4' Other uses customariry incidentar and accessory to permitted or conditional
uses, and necessary for the operation thereof.
Area B, Coldstream Condominiums
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of l-i e 12, Zoning Regulations, Town of Vail
' Municipal Code.
2. Afiached garages or carports, private greenhouses, swimming pools, lennis
courts, patios, or other recreational facilities customarily jncidental to permitted
residential uses.
Other uses customarily incidental and accessory to permltted or oonditional Uses,
and necessary for the operation thereof.
Area C, Glen Lyon primary/Secondary and Single_Family Lots
1. Home occupations, subject to issuance of a home occupation permit in
aicordance with the provisions of Ti e 12, Zoning Regulations, Town of Vait
Municipal Code.
2. Attached garages or carporls, private greenhouses, swimming pools, tennis
courts. patios. or other recreationar facirities customariry incidentar to permitted
residential uses.
3' Other uses customariry incidentar and accessory to permitted or conditional
uses, and necessary for the operation thereof.
Area D, Glen Lyon Commercial Site
1. Home occupations, subject to issuance of a home occupation permit in
accorctance with the provisions of fi e 12, Zoning Regulations, Town of Vail
Municipal Code.
2. Attached garages or carporls, privat- greenhouses, swimming pools, tennis
courts, patios, or olher recreational facilities customarily incidental lo permitted
residential uses.
D.
Ordinanca 23, Series of i99g
3' other uses customariry incidentar and accessory to permitted or cond'ional
uses, and necessary for the operation thereof.
4. Minor arcacte.
Location of Business Activity
A. All offices, businesses, and shall be operated and conducted entirely within a
building, except for permifted unencrosed parking or roading areas, and the outdoor dispray
of goods.
establishment displaying the goods and entirely upon the establishment,s own property.
sidewalks, buirding entrances and exits, driveways and streets shat not be obstructed by
outdoor display.
D e n s ity- Dw el I i n g lJ n lts
The number of dwelling units shall not exceed lhe following:
tA. Area A, Cascade Village
.n Area A. a minimum of rhree hundred finy-two (352) accommodation or transient
dwerring units and a maximum of ninety-four dweling units as detined by the tabres in
Section 18.46.103 for a total density of two hundred seventy (270) dwelling units.
B. Area B, Coldstream Condominiums
Sixty-five (65) dwe ing units
C. Area C, Glen Lyon primary/Secondary and Single_Family Lots
One-hundred four (104) dwe ing units.
D. Area D, Glen Lyon Commercial Site
Three dwelling units. two of which shall be employee dwelling units as defined
Chapter 12_13, ofthe Municipal Code.
Density--F!oor Area
A. Area A, Cascade Village
C. Area C, Glen Lyon primary/Secondary and Singte-Famity Lots
' GRFA shari be carcurated for each rot per section 12-6D-8 (Density contror) for the
Primary/Secondary district of the Town of Vail municipat code.
D. Area D, Glen Lyon Commercial Site
The deveropment plan for this area has expired. see ordinance No. g, series of
1998 for previous requirements.
Commercial Square Footage
A. Area A, Cascade Village
Area A shall nol exceed 35,69g square feel of commercial area.
B. Area D, Glen Lyon Commerdal Site
The development pran for this area has expired. see ordinance No. g, series of
. J998 for previous requirements.
Development Statistics for Area A. Cascade Viltage, and Area D, Gten Lyon
Commercial Site
CHART 1: Area A Completed projects
Ordlnance 23, Srdcs of 199E
omce parking requircrnentt.
'-'For the purposcs of calcutating GRFA to, the cosgriff parcel (Milkace lv). no credits sha be given excepr for 3oo sr ro bc
allowed for each cnclosed parking spacc.
Ordinance 23, Series of 1998
CHART2:AREA A
REOUIRED PARKING
Development p!ans
site specific development plans are approved for Area A and Area D. The development
plans for Area A are comprised of lhose plans submitted by Vail Ventures, Ltd. and
other developers. The development ptans for Area D are compnsec, o, those Dlans
submitted by the Glen Lyon Office Buitding, a Colorado partnership. The following
documents comprise the deveropment pran for the sDD as a whore, waterford.
Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace tV, and Area D_Glen
Lyon Commercial Site and is not all inclusive:
1. Waterford, Sheet #L_2, dated 11_12-92, Landscape plan, Dennis Anderson.2. Waterford, Sheet #i..1, dated 11-13_92, Site/Grading plan Gwathmey, pratt,
Schultz.
3. Waterford, Sheet#2.1, dated 11-13-92, ptan Level 38/43,3", Gwathmey, pratt,
Schultz.
4. Waterford, Sheet #2.2, dated 1 1_13_92, plan Level 48,-6,,/53._0,,, Gwathmey,
Pratt, Schultz.
5. Waterford, Sheet #2.3, dated 1 1_13-92 plan Level 59,_0:/64 _3,, by Gwathmey,
Pratt, SchulE.
6. Waterford, Sheet #2.4, dated 11-4_92, plan Level 69,_6,24,_9..Gwathmey,
Pratt; Schultz.
7. Waterford,
Pratt, Schultz.
8. Waterford, Sheet #2.6, dated 11_.13_92.
SchulE.
Plan Level 90'-6,, Gwathmey, prart,
9. Waterford, Sheet #2.7, dated 11-13_92, plan Level
, SchulE.
Sheet #2.5, dated 1 1-13-92, plan Level 8OLO,78S,-3" Gwathmey.
Parking for Completed projects per Chart 1
in
Cascade Parkinq Structure
Parking Spaces
449.9
Less 17.5olo Mixed-Use Credit
Total Required Parking at Build-Out of Area
A in Cascade Structure
371.2
Required Parking in Cascade Struclure at
Build-Out of Area A
Wth 17.5% mixed-use credit
Ordinancr 23, Series of 1998
10
101 -0" Gwathmey, pratt,
10. Waterford, Sheet #2.9, dated 11_13-92, plan Level 111 -6,, cwathmey, pratt,
Schultz.
11. Waterford, Sheet#2.9, dated 11_13_92, plan Level 122,-0,, cwathmey, pratt,
Schultz.
12. Waterford,. Sheet #2.10, dated 12_14_92, Roof plan A, Levels Gwathmey, pratt,
Schultz.
13. Waterford, Sheet#3.1, dated 11_13-92, Etevations Gwathmey, pratt, SchulE.14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, pratt, Schultz.15. Waterford, Sheet #4.1, dated 11-4_92, Sections Gwathmey, pratt, Schultz.16. Waterford, Sheet #4.2, dated 1 1_4_92, Sections, Gwathmey, pratt, Schultz.17. Waterford, Sheet #4.3, dated 1 1,4-92, Sections, cwathmey, pratt. Schultz.18. Waterford, Sheet#9.1, dated 10-20-92, Unit plans Gwathmey, pratt, Schultz.
'I 9. Waterford, Sheet #9.2, dated 10-20_92, Unit plans, Gwathmey, pratt, Schultz.20. Waterford, Sheet #9.3, dated 10-20-92, Unit plans Gwathmey, pratt, Schultz.21. Waterford, Sheet #9.4, dated 10_20_92, Unit plans, Gwarhmey, pratt, Schultz.22. Waterford, Sheet #9.5, dated 10.20-92, Unit plans Gwathmey, pratt, Schultz.23. Cascade Club Addition Site ptan, Roma, 1O/10/BA.
24. Cascade Ctub Floor plan, Roma, 1Ol10/8g.
25. Millrace lll, Sfieet #1, OiteO SlOlgg, Site ptan. Steven James Riden.26. Millrace lll, Sheet #2, dated 4/13/93, Floor plans for Single Family Residence,
Steven James Riden.
Millrace lll, Sheet #3, dated 5/6/93, Elevations for Single Famity Residence.
Steven James Riden.
Millrace lll, Sheets #4 and #5, dated 3/20/93, Floor plans for Duplex Building,
Steven James Riden.
Millrace l , Sheets #6 and #7, dated 5/6/93, Elevations for Duptex Building,
Steven James Riden.
30. Millrace lll, Sheet L1, dated 5/6/93, Sile/Landscape plan, Steven James Riden.31. Millrace lV, Scenario l, a/lda Cosgriff parcel, Site plan, Arnold Gwathmey pratt,
14t28t91.
32. Millrace lV, Scenario l, aikla Cosgriff parcel, Elevations Arnold Gwathmey pratt,
10t22t91.
33' Mirrrace rv, scenario r, a/ua cosgritf parcer, Froor prans Arnord Gwathmey pratt,
10t23t91.
34. Millrace lV, Scenario l, a/k/a Cosgriff parcel, Landscape plan, Dennis Anderson
Associates.
35. Gosgriff parcel, Survey, Atpine Engineering, Inc., 1O/31/91 stamped.36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner.
6t8t87.
37 . Site Coverage Analysis, Eagle Valley Engineering, 1O/10/Bg.
27.
14.
Ordinance 23, Series ot 1998
3g' cascade Mrage speciar Deveropment District Amendment and Environmentar
lmpact Report: peter Jamar Associates, lnc., revised 1 1/22lgg.
'A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be
added to the waterford project to alow for compriance with the Uniform Buirding code,
uniform Fire code and American Disabirities Act. The staff sharl review alr such
additions to ensure that they are required by such codes.
Area C, Glen Lyon primary/Secondary and Singte Famity Lorc
1. Building Envelopes for Lots 39-l anct 39-2 per sheet, L_1, prepared by Design
Workshop, Inc., dated 1 1_9_9g.
Area D, Glen Lyon Commercial Site
The development plan for this area has expired. see ordinance No. g, series.of 199g for
previous requiremenls.
Development Standards
The deveropment standards set out herein are approved by the Town council. These
standards shaI be incorporated into the approved deveropment pran pertinent to each
development area {o prorect the integrity of the deveropment of sDD No. 4. They are minimum
development standards and shall apply unless more restrictive standards are incorporaled in
the approved devoelopment ptan which is adopted by the Town Council.
Sefbacks
A. Area A, Cascade Mllage
Required setbacks shat be as indicated in each deveropment pran with a
minimum setback on the periphery of the property of not ress than twenty feet, with the
exception that the setback requirement adjacent to the existing cascade parking
structure/athretic crub buirding shal be two feet as approved on February g, 1gg2, by the
Planning and Environmental Commission. All buildings shall maintain a 50 foot stream
setback from Gore creek. The Waterford buirding shat maintain a minimum 20 foot
setback from the north edge of the recreational path along Gore Creek.
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the development plan.
C. Area C, Glen Lyon primary/Secondary and Singte_Family Lots
Required setbacks shall be governed by Section 12_5D-7 of the
Primary/secondary zone district of the Town of Vair Municipar code. For singre-famiry
Lots 39-l and 3g-2, deveropmenr shal occur per the approved buirding enveropes and is
subject to the following:
. At future deveropment wit be restricted to the area within the buirding enveropes.
The only development permitted outside the building envelopes shall be
randscaping, driveways (access bridge) and retaining wa[s associated with
driveway construction. Ar-grade patios (those within 5' of existing or finished
grade) will be permitted to project beyond the buirding envelopes not more than
Ordinanco 23, Series ot 1999
'12
ten feet (10,) nor more than one-half (2) the distance between the building
envelope and the property line, or may project not more than five feet (S,) nor
more than one_fourth (3) the minimum required dimension between buildings,D. Area D. Glen Lyon Commercial Site
Required setbacks shall be as indicated on lhe approved development plans.
Height
A. For the purposes ofSDD No.4 calculations of height, height shall mean the
distance measured verticary from the existing grade or finished grade (whichever is
more restrictive), at any given point to the top ofa flat rool or mansard roof, or to the
highest ridge line of a sloping roof unless othemise specified in approved developmenl
plan drawings.
B. Area A, Cascade Mllage
1. The maximum height for the Westin Hotel, CMC Learning Center,
Tenace \y'Ving, plaza Conference Building end Cascade parkino
Structure/Athletic Club is 71 feet.
2. Comerstone Building: Maximum height o, 71 feet.
3. waterford Buirding: Maximum height of feet as measured from rinished
grhde to any portion of the roof arong the north erevation shat be 55, (south
Frontage Road), 56, along the west elevation Westhaven Ddve, and 65 feet
along the south and east elevation as measured from finished grade.
4. Westhaven Building: A maximum of 55 feet.
5. Millrace lll: A maiimum of 36 feet.
6. Millrace lV: A maximum of 35 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
9. The remainder of buildings in Area A shall havea maximum height of 4g
feet.
Area B. Coldstream Condominiums
The maximum height sha be 48 feet.
Arei C. clen Lyon primary/Secondary and Single_Famity Lots
The maximum height shall be 33 feet tor a sloping roof and 30 feet for a flat or
mansard roof.
Area D. Glen Lyon Commercial Site
51% of the roof shalr have a height between 32 and 40 feet. 49yo of the roof area
shall.have a height under 32 feet. On the perimeter of the building for Area D, height is
measured from finished grade up lo any point ofthe roof. On the interior area of any
building, height is measured from existing grade up to the highest point ofthe roof.
Development pran drawings shafl constitute the height a[owances for Area D.
U.
E.
(.
Ordinance 23, Series ot 1996
Siae Coyerage
Areas A & B: No more than 35% of the total site area shall be covered by buildings,
provided, if any portion of the area ii deveropeo as an institutionar or
educational center, 45% of the area may be covered unless otherwise
indicated on the site specific development plans.
Area C: No more than Z5o/o of the total site area shall be coverecl by buildings,
unless the more restrictive standards of.Chapter 12-21 of the Vail
Municipal Code appty.
Area D: No more than 370/o or thetotar site area shat be covered by buirdings and
the parking structure.
Landscaping
At least the foflowing percentages of the totar deveropment area shal be randscaped asprovided in the development plan. This shall include retention of natural landscape, if
appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent (60%), of
the area shall be landscaped unless othenflise indicated on the site specific
developmenl plans.
Parking and Loading
A. Aiea A, Cascade Village
1. off-stfeet parking shal be provided in accordance wrth chapter 12-10,
except that 7570 0f the required parking in Area A shat be located within a
parking srructure or buildings with the exception of Milrrace rv, scenario l. where
66.60/0 of required parking shall be enclosed in a building. -
2. There shall be a total of421 spaces in the main Cascade Club parking
structure. A .l7.S percent mixed_use credit per the Town of Vail parking code,
has been applied to the totar number of required parking spaces in the cascade
structure.
3. There shall be a total of Sg on_site parking spaces on the Waterford
building site with a minimum of 75olo of the required space tocated below grade.
No mixed use credit shalt be applied to this site.
4- There shall be a minimum of 93 enclosed parking spaces tocated within
the Comerstone building with 37 of the required spaces available to the public for
short-term parking. No mixed use credil has been applied to this lot.5. The third floor of the cascade parking structure shal not be used to meet
any parking requirements for accommodation units, transient residentiar dwelring
. units, employee dwelling units or dwelling units.
6. phasing: All required parking for Cornerstone and Waterford shall be
located on their respective sites. All required pafting for the Cascade Club
Wellness Center Addition Scenario 1 shall be provided in the Cascade parking
structure-
Ordin.nce 23, Se.ies ot 199g
7. Seventy-five percenl of the required parking shall be located within the
main building or buildings and hidden from public view from adjoining properties
within a landscaped berm for Westhaven Condominiums, and Millrace lll.8. All loading and delivery shall be located within buildings or as approved in
the development plan.
Area B. Coldstream Condominrums
Fifty percent of the required parking shall be located within the main building or
buildings and hidden from public view from adjoining properties within a
landscaped berm.
Area C, Glen Lyon primary/Secondary and Single-Family Lols
Off-street parking shall be provided in accordance with Chapter 12_10 ofthe
Municipal Code.
Area D, Glen Lyon Commerciat Site
7. Once the parking structure is construcled, lhe parking ano access to
Area D shall be managed per the TDA parking Report, parking Management
section' pages 6 and 7, August 10, 1988, and rDA Report, vair Brewery parking
Analysis Update. dated January 16, 1990, both written by Mr. David Leahy.8.. No loading or delivery of goods shall be allowed on the pubtic right_of_way
along the South Frontage Road adjacent to the Area D developmenl.
9' The owner of the property and brewery management shal Drohibit
semi-truck and trailer truck traffic to the Glen Lyon Commerciat site. The only
truck loading that shall be allowed to the site shall be vans having a maximum
tength of 22 feet.
Recreati on Am erifres 7-ax Assessed
The recrearionar ameniries tax due for the deveropment within sDD No. 4 under chaoter
3 20 shat be assessed at a rate not to exceed twenty-five cenrs per square foot of the
floor area in Development Area A; and al a rate not to exceed ,ifiy cents per square foot
of GRFA in Development Area B: and at a rate not to exceed flfteen cents per square
foof of GRFA in Development Area C; and al a rate not to exceeo seventy-ftve cents per
square foot of floor area in Development Area D; and shall be paid in conjunction with
each construction phase prior to ihe issuance of building permits.
ConseNation and pot!ution Controls
A The deveroper's drainage pran sha, incrude a provision for prevention of potution
from surface runoff.
B. The developer shall include in the building construction, energy and water
conservation controls as general technology exists at the time of construction.C. The number of fireplaces permitted shall be a.s set forth in the Town of Vail
Municipal as amended.
D rf firepraces are provided within the development. they must be heat efficient
through the use of grass encrosures and hear circulating devices as technorogy exists atthe time of development.
Ordinance 23, Series of .1990
E. Afl water features within DeveropmeniArea A sha, have overflow storm drainsper the recommendation of the Environmentar rmpact Repon by Jamar Associates onPage 34.
F' Alr parking structures sha'have potution contror devices ro prevent oir and dirtfrom draining into Gore Creek.
G. ln Area D, a manhole on the brewery service line shall be provided so that theUpper Eagle Valley Consolidated Sanitation District may monttor BOD strength..H. In Area D, the brewery management shall not operate the brewery process
during temperature inversions. rt sha, be the brewery owner's responsibirity to monitorinversions.
l' At trash compactors and trash storage areas shat be compretely enclosed within
Special Development District 4.
J' Protective measures sha, be used during construction to prevenr soir erosion
into Gore creek, particurarry when construction occurs in Areas A and D.K. The two employee dwelling units in Area D shall onty be allowed to have gas
fireplaces that meet the Town of Vail ordinances governing fireplaces.
Additional Amenities and Approval Agreements for Specia! Development
Disuct No. 4.
A' - The deveropei sha, provide or work with the Town to provrde adequate private
transportation services to the owners and guests so as to transport them from the
deveropmenr to the vitage core area and Lionshead area as outined in the approved
development plan.
B. Area A, Cascade Village
1' The deveroper ishat construct a sidewark that begrns at the entrance to
the Cascade Club along Westhaven Drive and extends to the west in front ofthe
Westhaven building to connect with the recreational path to Donovan park. The
walk shall be constructed when a building permit is requested for Westhaven
Condominiums. The sidewalk shall be parl of the building permat ptans. The
sidewalk shall be constructed subsequent to the issuance of a building permit
and prior to the issuance of a temporary certilicate of occupancy for Westhaven
Condominiums.
2. The developer shal provide 1oo-year floodprain information for the area
adjacent.to the Waterford and Cornerstone buildings to the Town of Vail
community Deveropment Department before buirding permits are rereased for. either project.
3. Cornerstone
The development plan for this area has expired. See Orctinance No. g, Series of'1998 for previous requirements.
4. The Ruins / Westhaven Condominiums
The development plan forlhis area has expired. See Orctinance No. g, Series of
1998 for previous requirements. (.
Ordinanc. 23, Series ot i998 16
C. Area D, Glen Lyon Commercial Site.
. The deveropment pran for this area has expired. see ordinance No. g, series of
l ggg for previous requiremenls.
Employee Housing
The deveropment of sDD No. 4 wit have impacts on avairabre emproyee housing within
the upper Eagre Va'ey area. ln order to herp meet ihis additionar emproyee housing
need' lhe deveroper(s) of Areas A and D shal provide emproyee housing on site. Tne
deveroper(s) of Area A shal buird a minimum of 17 emproyee dweling units within Area
A Westhaven condominium buirding (Ruins), 3 within the cornerstone Buirding and 2
within the Liftside (Waterford Building). Each employee dv,re ing unit in the Westhaven
Condominium Building (Ruins) shall be deed restricted as a Type lll EHU. Each
emproyee unit in the cornerstone Buirding shat have a minimum square footage of 600
square feet' There sha, be a totar of 2 emproyee dwe*ng units in the waterford
Buirding. one shat be a minimum of 3oo square feet and the other a minimum of g00
square feet.
The deveroper of Area D shat buird 2 emproyee dwerring units in the Area D east
buirding per the approved pran for the East Buirding. In Area D one emproyee dwering
unit sha' have a minimum GRFA of 7g5 square feet and the second emproyee dwe,ing
unit shat have a minimum GRFA of g0o square feet. rhe GRFA and number of
emproyee units shat not be counred toward atowabre density or GRFA for sDD No. q.
At Emproyee Housing units sha, be deed restricted per chapter 12.13, as amended, of
the Vair Municipar code prior to issuance of buirding permits for the respective project.
In Area C' Lots 3g-1 and 39-2. sha, be required to provide a Type t, Emproyee Housing
unit (EHU) per chapter 12-13 0fthe zoning Regurations of at reast 500 sq. ft: each, on
each rot' These rots sha, nor be enti,ed to the 500 sq. ft. of additionar GRFA. The 500sq fi' shat be incruded in the atowabre GRFA on these rots. Each rot shat arso be
entited ro 300 sq. ft. of garage area credit for the emproyee housing unit, in addition ro
the 600 sq. ft. garage area credit atowed per residence. The driveway width of 12 ft is
atowed to remain (no increase in driveway width is requ'red) for at arowed/required
dwelling units and employee housing on these lots.
Time Requirements
sDD No 4 shat be governed by the procedures outrined in section 12-gA ofthe Town
of Va.il Municipal Code.
Section 5.
lf any part, section, subsection, sentence, crause or phrase of this ordinance is for any reason
held to be invarid, such decision shalr not affect the varidity of tne rema,ning portions of thisordinance; and the Town Council hereby declares it would have passed this ordinance, andeach part, section, subsection, sentence, crause or phrase thereof, regardless of the fect that
Ordihence 23. Series of 199g
any one or more parts, sections, subsections, senrences, crauses or phrases be decraredinvalid.
Section 6.
The repear or the repeal and re-enactment of any piovisions of the Vair Municipar code asprovided in this ordinance sha' not affect any right which has accrued, any duty imposed, anyviolation that occu'ed prior to the effective date hereof, any prosecution commenced, nor anyother action or proceeding as commenced under or by virtue of the provision repeared Qrrepeared and reenacted' The repear of any provision hereby shat not revive
"ny
proui"ion o,any ordinance previously repealed or supers€ded unless expressly stated herein.
Section Z.
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsisrent herewith are hereby repeared to the extent only of such inconsistency. Therepearer shat not be construed to revise any byraw, order, resorution or ordinance, or part
lhereof, heretofore repealed.
INTRODUCED. READ ON FIRST READING, APPdOVED, AND ORDERED
PUBLTSHED ONCE rN FULL ON FIRST READTNG this 15th day of December, 1998, and apubric hearing foi second reading of this ordinance set for the sth day of January, 1g99, in theCouncil Chambers of the Vaii Munioipal Building, Vail, Color
7\d rt c'r ,bc-
Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL thissth day of January, 1999.
Odinance 23, Sertes of t99g
,e,
EXHII]IT "A"
KOELBEL PROPERTY
DEVELOPMENT AR-EA A
A pan of rbe sw r/4 NE l/4 ofSection r2, Township 5 south, Range gl wesr of the 6thP.M., desiribed as follows:
Beginning at a poinr on the west rinc of said sw I/4 NE r/4 from which the Nonh onc-quaner corner of said section bcars Nonh 0" r 5' East 2269.48 feet: thence No*rr-ii; is;i".,, "
along said wcst Line' r52.36 feet to a poinr on the Southeasrcrly rigbt of way rir. "iu. s."''Highway No. 6; thence, along said Souiheasterly righr of waliine, as follows:
Nonh 52'22' East. t 02.3 I feet;
Norrh 49'20'Easr, 519.57 fccr; and
North 48'r3' East, 549.09 fecr, more or ress, to a poinr on the Nortb rine ofsaid SW rl+NE l/4; rhence North 88"33' East, arong the Norrh iinr oi.oia sw l/4 NE, 36g feet, morc orless, to a point on the cenrerrine of Gore creck; ttten..,
"ton!in. centerline
"f o;[;".k,;;follows:
South 36'49, West, I 0l .04 feet:
South | 8 "2 i' Wcst, 54.0g fcct;
South I "24' Wcst, 205.02 fcct:
South I 2" l0' Wesr, I t0.25 fecr; and
Sourh 28"41' wesr, 242.35 fcet, thence south 75'r5, wesr, i064.10 feet to the poinr ofbeginning.
Vail-Rose
Rosc Parccl
I2.3 70 acres
3.190 acrcs
A tracr of rand siruatcd in rhc SWr/4NEl/4 of sccrion r2, Tp 5 s., R. gr w., of rhc 6thP.M.' lying soutberly of thal cenain rr"cl of land described in eoot t99, page 197, Northerry andwesterly of rhe cenrer rine of Gore- creek, ana tying Nonheriv -a e"ri.rrv ii,'r,"*..nri" i*o
|;s,;;:ii]r
Book 2l I at page 106, Book 2l I " rig. roa .,ia Book 215 at p"s" 3i!, i.;.ji.d
Beginning at a poinr on rhc Norrh-south center rine ofsaid Section l2 whence the Nonhqua er corner ofsaid Secrion I2bcar.sN.00,I5, E.2269.4gfeet;
rhence N. 25. t 5' E. 346.26 fccr.ro. rh^c true poinl of beginning, said point bcing on theSourh fine ofrhar rracr dcsc'ibcd in Book r99, nog,i roi rrJ"inich bcars s. 0g.26, E. zzos.34feet fiom the Nor-rh quarter corncr ofsaid Secrion l2:
thence N. 75'15' E- 717.94 feet arong the Sourberry line ofthat tract described in Book199, Page 197 to the ccntcl of Got.c Creck;
thcnce S. 28"41' W. 130.61 fcet along the center line ofsaid Crcek;thcncc S. 05"24,30" E. 104.50 feet along the ccnter linc ofsaid G.eek;thencc S- 49"29, W.95.50 feer along thJccnter line oisaia Creek;thcncc S. 22"34' W. 124.47 fcct along thc ccnrcrlinc oisaid Crccl;rhcncc S. 54"00' w. l | 9.34 fcct aron; thc ccntcr rine of said crcek; to the southeastcorner of that cenain rracr of land described in Book 2l t , nage I OS;thcncc N. 33' r 6'i 0" w. r40. l2 fcct along th. Eostcrt! tin. of rhar tmcr dcscr.ibed in Book2l I at Pagc 108;
rhencc N. 57'42',30" w. r69.gg fcct arong thc Norlhcasterry line ofthat tracr dcscdbcd rnBook 2ll at Page 108;
t.ence N. 86'02'30" w, r62.92 fect along thc Nor.therry rine of rhose nacts dcscribed inBook 2l I at Pagc I 08, Book 2l I at pagc I 06 rJa point;
thence N. 32"57'30" w- 76.0g feet along rhe Nonheasrerly line of rhat n.act described inBook 2 I 5 at Page 3d5, ro thc poinr of beginnin!.
F:\E!cryo'rddornuo.tbct.t.E
'dRhtt
ORDINANCE NO.17
Series o12004
AN ORDINANCE AMENDING ORDINANCE NO. 28, SERIES OF 1998, SPECIAL
DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW
DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No.4; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approval of this major amendment at its meeting,
and has submitted its recommendation to the Torivn Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OFVAIL, COLORADO, THAT: '
Section {. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in E*dk€+hr€ugh/additions are shown in bold italics)
Established
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acrcs as more particularly described in
the attached Exhibit A. Special Development District No. 4 and the 97.955
acres may be refened to as "SDD No. 4.
B. The district shall consist of four separate development'areas, as identified
in this ordinance consisting of the following approximate sizes:
Attachment D
Area Known As
Cascade Village
Coldstream Condominiums
Development Area
A
B
c
D
E
Aqeasc-
17.955
4.000
9.100
1.800
7.520
32.880
4.700
97.955
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
Tract K
Dedicated Open Space
Roads
TOTAL
Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(defetions are shown in stik€+hr€ugh/additions are shown in bold iblics)
Development Plan - Required - Approval Procedurc
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. fhe Waterford and Cornerstone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan for Development Area E shall be established through the review and
approval of a design review application andlor 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 Section 12-94 of the
Municipal Code.
Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in strik€-{hr€sgh/additions are shown in bold iblics)
Permifted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-
7B-3, (Commercial Core 1), of the Municipal Code. The "first floor'' or
"steet leveln shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, and office except that no professional or business ofiice
shall be located on street level or first floor (as defined above) unless it is
cleady accessory to a lodge or educational institution except for an office
space having a maximum squarc footage of 925 square feet located on the
first floor on the northwest comer of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-1 3 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the
MunicipalCode.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
E. Arca E, TnctK
1. Nature Presenres
2. Passive outdoor recreation areas and open spaces
Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in stik€+hr€ug+/additions are shown in bold italics)
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Special aftraction;
4. Ski lifts:
5. Public park and recreational facilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Ski lifts:
D. Area D, Glen Lyon Commercial Site
1 . Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E. Area E, Tract K
1. lnterpretive nature walks
2. Bicycle paths and pedestrian wall<ways
3. Public utility and public service uses
4. Ski trails
5. Snowmaking facilities
6. Access roads
7. Other uses customarily incidenhl and accessory to permilted and
conditional uses and necessary for lhe operaAon thereof, with the
exception of buildings.
Section 5. lf 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 6. 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 7. 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 hereol 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 thereol
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 lN FULL ON FIRST READING this _ day of _,
2004 and a public hearing for second reading of this Ordinance set for the _ day of
2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kuz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
_ day of _,20O4.
Ludwig Kuz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
o7/08/04 1{:25 FAr C032958261
DEIVAi . ASPE|I
goutDER . CoU'n DO SPRrrGs
oB{vEitEct{ ctrIR
ItrllXGs . E|SE
otEya${E - IAK;0|{ Hou
gtLT LAIE Cmt. SliTl fE
wlSHIp6rOr, D.C
Horr-a.ND & HARtr.rp
ATTORNEYS AT LAII'
$nll1200
sss saEmErTl{ sruEr
DflrrB, EDTOR DO l0ZDZd99
x tuxc ADoRESS
P.o. Eox !t4t
DErnra, gr.oRlDo !ozlt-!'t49
Iuly 6,2004
rtttrlolE (30s) 295.0000
FACSHITE (3ol) 291826r
Gregory E. Goldberg
(303) 29s.8099
ggoldberg ehoIrnrthrrLcom
f,OLI.AND & SART
Attachment: E
VIA FACSIMILE
Mr. George Ruther
Qhisf sf Planning
Tovm of Vail
Community Development Dcparffi cnt
75 S. Frontage Road
Vail, CO 81657
Re: Opposition to Proposeil Arrendment To Glen Lyon Spocial
I)evelopment District #4
Dear Mr. Ruther:
Per our discussion last week, I am writing on behalf of Robcrt Rosen,
Timothy Pennington, and Alan Hassmgr (together, the "Glen Lyon Owners") in
opposition to Vail Resort's ("Vail") Proposed A-nendment To GIen Lyon
Slloial Dovelopment Distrist #4, submitted to the Town of Vail ("Town") on
June 1, 2004 (thc "Proposal"). As you requested, t!.ese somments are Submitted
on or before JulY 6, 2004.
Sumu.mY
The Olen Lyon Owners supPort ccrtain elcments of the Proposal,
including skiways, oatwalks, trails, and rclated improvements, some of which
already cxist. Howover, other elements, such as the snowoat accessway' roads,
and bridges, are objectionable because thcy would violato: (1) the Touro's g34g
protective covenants prohibiting such activities and development and upon
whiah adjaoent landowners have relied for decades; aud (2) applicablc
provisions of the Town Code (the *Code")-
Gr,nr LYow B.l,crcnouxn
As you may know, the Glen Lyon Owners own ProPerty within thc Glcn
Lyon Subdivision (the o'subdivision'), which was created in approximately
1978 as a predominantly rcsidential ueighborhood. ContemForaneously, e
parcel within the Subdivision ("Tract K") was deeded to Tonm as dedicated
07/06/oL 14:26 FAI 3032s58281 S9LIAND & EART
Hor,ug,uD & HART uu
ATTORNBYS AT LAW
Mr. George Ruther
July 6,2004
Pagc2
open spase- Prior to tLe convcyance, the Town and thc Subdivision developer
cxeauted and filed "Protective Covenants of Glen Lyon Subdivision" (the
"Protective Covenants"), prohibiting certain activities and development
(described below) on Tract K, which still is owned by the Town.
The purpose of deeding Traot K to the Town 6d imFlcmenting the
Protective CovonantS was to create an opeu space border or'buffer for the
Subdivision and to encourage a place for valley resideats to walk, ski, pionic,
climb, and bicycle.
Tm PRoTECTIVE COVENANTS
The express purpose ofthe Protective Coveuants was "to place certain
restrictions on tle use of the Subject Land," inoluding Tract K. The Protestive
Covenants state:
'No structure, eitler temporary or permauent, shall be erected,
cons$ucted or permitted to remain on [Tract K], except deoorative
items consistent with . . . a picnic area."
"[N]or shall there be permitted, within or upon [Traot K], any
other act by any persoo or persons, whioh, in the judgment of any
property owner or . , . the Town of Vail, Colorado, may deface,
alter, dcstroy or damage the natural condition of the vegetation or
the aestLetic value of the natural environmental quality of [Tract
Kl,"
"Improvenents necessary, desirable, or convsnient for the
provision a"ud maintenance of utility services may be sonstructed
and maintained through or undpr . . . [Tract K], provided that such
improvements shall not cause perrnanent disruption or alteration
to the sruface of . . . [Traot K]."
"No noxious or offensive aotivity shall be carried on nor shall
anything be done or permitted which shall constitute a publio
nuisanse in Glen Lyon."
"No trees of a diameter of fqur (4) inches or greater shall be cut
down or removed in Glen Lyon except with the prior written
approval of the Design Review Board."
"The conditions, restrictions, stipulations, agreements and
covetrants contained herein shall not be waived, abandoned,
termination, or amended except by written consetrt of the owners
@ ooc
07/06/04, 14:28 FAI 3032958261 EOLI.AND & EART @ ool
Hor,r,AND & HARTT"*
ATTORNEYS ATLAW
Mr. George Ruther
IuIy 6,2004
Page 3
of 75o/o of the surface area of ttre nrivatelv-owned lanil iucluded
within ttre boundaries of Glen Lyon" (emphasis added)
r ('Hikers, pedestrians, skiers and bicycles are expressly permitted
to havel [on Tract K] provided the surface - - . [isJ not
unreasonably danaged by said activities"'
For the past 25 years, Glen Lyon homeowners have purchased tbeir
propcrties in relianse upon the Proteotive Covenants, as executed and ftled by
ihe Town. Thcsc owneis have a reasonable expectation that they will cnjoy the
"natural condition Ofthe vegetatiop" and "the aesthetic value ofthe natural
environmental quality" of Traot K. They further have invcsted in Glen Lyon
knowing that activities or developmetrt likc tle Proposal will not oocur on Tract
K without the written consent of 75% of their surface-owning neighbors.
SKITNc Is Cor.isrsrnNT Wrrs TEE PRorrcrrvE CovsNlurs
The Gler Lyon owaors support vail's proposed amcndmeuts to utilize
Tract K for "skiways, catwalks, trails, and related improvements'" Indeed,
these acdvities are not really "amendments," aS they already occlu on Tract K'
Moreover, these uses aro exiressly uermitted by the Protoctive Covenants,
which state: "[h]ikers, pedestrians, skiers and bieycles a.rc expressly permitted
to travel [on Tract K] provided tbe surface , . . [is] not unreasonably damaged
by said activitics." These activities do not destroy or damage the natural
sondition or aestletic value of Tract K, and thcrefore fit naturally into the
historical and permitted use on ttre land.
Sr*owClrs, RoADs, Axo Bnncps Vrollbn Tm CovENANrs
By contrast, Vail's proposed snowcat accessway' "roads, bridgcs,
retaining walls and related inprovements," @ violate the Protective Covenauts,
which expressly prohibit activities lhat "defaae" or "altet" the nahrral sonditiou
or the aesthetic value of Tract K, as well as any development that nay *cause
permanetrt disruption Or alteration to thc surfaCe." Moleover, "[n]o noxious or
-offcnsive aotivity" may occut on Traat K, and no "trees of a diameter Of fOur
(4) inches or groater" may be sut without prior wrifien approval of the Design
Review Board. By any intorpretation, the Town's Protective Covenants
mandate screnity, preservatiOn of the nahrral and aesthetic environment, *d:.
low-impaot us"iu ort Tract K, not "roads," "bridgesr" and transit of heavy
machinery, such as snowcats.
07/06/04 14:28 FAX 3032958281 EOLI.AND & EART
HoU-aND & HART**
ATTORNBYS AT LAW
@ oos
Mr. George Ruther
July 5, 2004
Pagc 4
Against this legal backdrop, it is sr:rprising that the Proposal nowhere
addresses the Protective Covenauts. The Proposal simply cannot oocur without
aurendment of tle Proteotive Covenants. Instcad, Vail's apprOach would aPPear
to be to goad the Town into violating its own contractual oommitments undcr
the PrOtective Covcnants. Howevet, as a signatory of the Protective Covenants,
the To$'u does not have the luxury of such a cavalier approach. Town
andorsement of tho Proposal, either at the planni1g or aPProval stage , would
violate thc Proteotive Covenaats, which wero implemented bv the Town for the
ptrpose ofpreventing such projects. A violatiqn ofthe Covenants, particularly
a knowing or intentional on-, would subject tbe Town to economic and perhaps
other damages.
At a minimum, vail should be required to explain in tle Proposal how it
proposes to address the Protective Covenants. InStead, Vail's stated.purpose "iS
io correct and clariff existing and allowable uses withiu Ttact K." However,
Vail has no power to o'correot," "clarify," or otlerwisc dofine the "allowable
uscs, on Tract K-" Vail does not own Tract K or, to the Glen LyOn owners'
knowledge, have any right to use the surface ofTract K, other than for skiers.
The Town similarly hasno right to "sgrrect" or "clarify" any uscs on Tract K.
The Town already made that decision ia 1978 in the Protective Covenants. By
approving the Proposal without amending ttrc Protective Covenants, the Town,
aoiing tbrough the Commission, would violate the very cgveDan_ls it put into
place. Indeed, Vail aoknowledged this fact in a 1996 letter to Glen Lyon
owners. See Attachment 1.
Tss Pnorosal, Lncrs Coupe,rlulrrYr SnxsrrrvrrY, ANII A
WonX.lNr-.n RILATIONSHIP WruU TUr SUNNOIINDING AREA
Eveu assuming the Protective covcnants did not exist, it would make no
difference because the Proposal fails to satisfy applicable Town Code
rcquirements. See Town Code $ l2-9A'E.
For amendments to special development districts, it is "the burden of the
applicant to demonstrate that submittal material and the proposed development
plan comply with each of the [design review criteria], or demonstrate that one
or mor" of them is not applicable, or that a praotical solution consistent with
the publio interest has been achieved." Towl Code $ 12-9A-t. Two
fundamental design review criteria are "compatibility" and "relationship."
Town CodE $ 12-9A-8 (A), (B),
07/08/04 14:27 FAX 30s2958281 EOLLAT{D & EART
Horr*rND & HART'r.p
AITORNEYS AT LAW
Mr. George Ruther
July 6, 2004
Page 5
In this case, the Proposal fails to satisfy those roquirements. with regard
to .,compatibility,' it is clear that vail gave little thought to thc Proposel's
imfact on adjaoent landqwners, including tho Glen Lyou Owners. [n particular,
Vail's Propoial offers no meaniagful dissussion ooncerning operation details
for the Snqwcat accessway, skUChres, lighting, noise, traffic and volumc, cto.
It likewise is impossible to gauge from the Proposal the visual or noise impacts
of thc snowcat accessway, roads, bridges, retaining walls, snowmaking
facilities, and the .,related improvoments." \ilhat related improvements?
where will they be placed, what will they look like? what will they sound like
and how much light will they enit? If any of the ptoposed activities occur at
night, the noise and light ftom srowcats oould destroy thc screnity enjoyed by
adjaccnt homeowners. The Proposal likewise provides so details oonoerning
usage by other types of machincry, suoh as snowmobiles' Summet, spring, and
fall usage also is not addressed.
By all appearances, the Proposal apPcals to bc grossly incompatible and
insensitive to the immediate environment. Indeed, it creates a thoroughfare for
heavy iadustrial maohinery acloss a "Dedicated Open SpaCe" whose "aesthetio
valui" and "natural euvironmertal quality" may not be "deface[d], alter[cd],
destroy[ed] or damage[d]." This is the antithesis of "compatibility" and
'"scnsitivity."
Vail's "Relationship" discussion is likewise lacking. Vail's claim that
the "limited uses , . . are consistent with [thc] 'open space dedication'
designation" is preposterous, Once again, it is unclear how a snowcat
accessway could be "consistent" with "open space dedication," The Ptoposal
rgns directly counter to the Town's Protectivc Covenants, whioh prohibit any
"act by any person or persons, which, in the judgment of any PrgPertv owner . .
. may dcface, slt€r, destroy or darnage the natural condition Of the vegetation or
thc acsthctic value of ttre natural cnvironmental quality of [Tract K]" (emFhasis
added). Each of the Glen Lyon Ouners qualifies as a *property owrer" under
the Covenaats and it is tbeir judgment that the proposed snowcat acccss\rray
will deface, alter, destroy or damage the nattrral conditioa of thc vcgotation or
the aesthetic value of thc natural environmental quality of Tract K'
Finally, even if the snowcat accessway somchow satisfied the Town
, Code criteria" Vail appears to have designed the snowcat accessway to
maximize. rather thatr minimize, its impact on Tract K aod the Glen Lyon
Owners. b Vail's Proposal (Attachment: Development Plan). As ttre
Commission can see, the snowcat accessway outs directly through the ccutcr of
Tract K and comes within approximately 500 feet of the property of one of tle
@ oos
07/08/oL 14:27 FAI 3032S68261 EOLI.AI.ID & SART
Hotr-eND & HARTI"
ATTORNEYS AT LAW
Mr. George Ruther
July 6, 2004
Pagc 6
Glen Lyon Owners, trotwithstanding various proposed alternative routes that
would minimizc the impaot on Tract K. See Attachment 2. Although these
alternativcs might cost Vail more to construct, they would minimize tl1s imPact
On Track K and move the Sngwcat accessway the maximum distanCe away from
the Glen Lyon Owncrs. The Proposal fails to disclose tlese alternatives, Iet
along substantivcly discuss them.
Tnp FONNST ROAD SITUATION DONS NOT SUPTORT APPROVING A
FuNNNITPUTAL AMENDMENT IX VTOT,ETION OF THE PNOTECTIVE
CoVENANTs AND TOWN COOT
Vail's primary justification for relocatiug the snowcat accessway outo
"dedicated open space" is Forest Road, the curent snowcst aosess logte. This
justification, howeyer, is iusufficient as well. As a threshold matter, Vail
lrovides insufhcient data or information concerning Forest Road to justify
ielocating the snowcat accessway into dcdicated open space. Although the
Glen Lyon Owners acknowledge that the Forest Road situation may be
problematic, it is unclear based upon Vail's Proposal whether Forest Road's
situation justifies a major shift in decades-old land use policy by creating a
major amendmert to ttre development distriot and relocating tle snowcet
accessway oato Traot K.
Second, even ifthe Forest Road situation didjustify the Proposal, the
language and spirit of the Town Code would mandate that Vail minimize, rathet
than ma:<imize, its impact on Tract K and the GIen Lyon Owners, as noted
above.
Finally, the Forest Road situation, altlough problematic, still doEs uot
ohango the fact that the Proposal, in its current state, fails to satisfy the
applicable standards, i.e., "compatibility" and "relationship-" Town Code $ l2'
lA-f 1e1, (B). The fsct that a problem exists in an area outsido of the proposed
amendment does not support a major change to Track K that is radioally
different from - indecd, diametrically opposed to - its historisql and current
usage, which ls the only usc to which it oan be put under the Protectivo
Covenants filed by the Town and justifiably relied upon by Subdivision owDers,
CONCLUSION
We urge the Commission to deny the Proposal as submitted because it
cannot be reconciled with the Protectivp Covenants frled by tle Town in 1978.
@ ooz
o7./ 06/ U_!!:zE FA.tr 3032968281 EOLI.AIID & EART
Hor,laND & HARTu.r
ATTORNBYS AT IAW
Mr. George Ruther
July 6, 2004
PageT
Nor doos it satisfy thc applicablc dosign crlteria as set forth in the Town Code.
The Proposal pits rwo incompatrble uses against onc anothcr: a snowcat
accessway running through'dedicated opcn space," the "aesthetic value" and
'nafirral enviro'rmental quality" for which are Iegally ptotected by the
Protcctivc Covenants. Any docision thc contrary will undcrmine the intcgrity
of the amendment prooess aud violate the Covensnts that tbe Torvn put in place
25 ycars ago to prohibit cxactly thc typo ofproject Vail now proposes.
GEG:lrb
3Z5l170_z.Doc
@ oo8
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
Attachment, F
*#D
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commission ot the Town of
Vaif will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on July 12,
2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A recommendation to the Vail Town Council of 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.4, Cascade Village, to allow for a new
development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard
thereto.
Applicant Vail Resorts, represented by Braun Associates, Inc.
Planner: Bill Gibson
A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town
Code, to allow for stream bank stabilization within the Mill Creek floodplain, located at Tract E,
Vail Village Filing 5 (near Pirate Ship Park), and setting for details in regard thereto.
Applicant: Town of Vail
Planner: Elisabeth Eckel
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 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 lmpaired, for information.
Published June 25, 2004, in the Vail Daily.
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Prior to the Town Council's second reading of an ordinance amending Special
Development District #4, Cascade Village, the applicant shall submit written
documentation to the Town of Vail Community Development Department
demonstrating written consent by the ownels of 75o/o of the surface area of the
privately-owned land included within the boundaries of Glen Lyon.
MEMORANDUM
Town Council
Community Development Department
hR('ooTO:
FROM:
DATE:
SUBJECT:
lt.
August 3,2004
Ordinance No. 17, Series of 2004, an ordinance amending Special
Development District #4, Cascade Village, to allow for the creation of
Development Area E, located at Tract K, Glen Lyon Subdivision, and
setting forth details in regard thereto.
Applicant Vail Resorts, represented by Braun Associates, Inc.Planner: Bill Gibson
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting
an amendment to Special Development District #4, Cascade Village, to allow for
the creation of Development Area E, located at Tract K, Glen Lyon Subdivision.
The applicant's primary purpose for this application is to designate Track K as a
separate development area to facilitate the construction of a new snowcat access
road generally located south of the Eagle River Water and Sanitation District
(ERWSD) and Vail Amoco sites (846 West Forest Road and 934 South Frontage
Road) to the Cascade Way trail (formerly known as the Westin Ho trail).
BACKGROUND
On July, 12, 2004, the Town of Vail Planning and Environmental Commission
voted 4-2 to forward a recommendation of approval, with conditions, for the
proposed amendments to Special Development District #4, Cascade Village.
The Commission's recommendation was based upon the review of the criteria
noted in the July 12, 2004, staff memorandum and the evidence and testimony
presented, with the findings noted in the July 12,2004, staff memorandum. The
July 12, 2004, staff memorandum to the Planning and Environmental
Commission has been attached for reference (attachment B).
Ordinance No. 17, Series of 2004, has been attached for review (attachment A).
This ordinance has been drafted to include the allowable and conditional land
uses for Development Area E as recommended by Staff and the PEC, and
agreed upon by the applicant.
VIII. CRITERIA FOR REVIEW
The following design criteria shall be used as the principal criteria in evaluating
the merits of the proposed special development district. lt 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
lv.
with the public interest has been achieved:
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.
B. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
C. Parking And Loading: Compliance with parking and loading
requirements as outlined in Chapter 10 of this Title.
D. Comprehensive Plan: Conformity with applicable elements of the Vail
Comprehensive Plan, Town policies and urban design plans.
E. Natural And/Or Geologic Hazard; ldentification and mitigation of
natural and/or geologic hazards that affect the property on which the
special development district is proposed.
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 quality of the community.
G. Traffic: A circulation system designed for both vehicles and
pedestrians addressing on and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development
of the special development district.
STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
approves, with a condition, Ordinance No. 17, Series ol 2004, on first
reading to amend Special Development District #4, Cascade Village, to allow for
the creation of Development Area E, located at Tract K, Glen Lyon Subdivision.
Staffs recommendation is based upon the review of the criteria noted in the July
12, 2004, staff memorandum to the Planning and Environmental Commission
and the.evidence and testimony presented.
, Should the Town Council choose to approve Ordinance No. 17, Series of 2004,
on first reading, the Community Development Department recommends the
Town Council makes the following findings:
V.
"That the proposed major amendment to Specia/ Development Distict tt4,
Cascade Village, to allow for a new development area located at Tract K,
Glen Lyon Subdivision, and sefting forth details in regard thereto, complies
with the nine design criteria outlined in Section 12-9A-8, Vail Town Code.
FuS1rygp, the applicant has demonstrated to the satisfaction of the
,Tomhissbnlased upon the testimony and evidence presented, that any
dverce+ffects of the requested deviations frcm the development sfandards
of the underlying zoning are outweighed by the public benefits provided.
,Ft
Lastly, the Qmmissiorlllnds that the request is consistentwith the
developmen\pglg,afd objectives of the Town."
Should the Town Council choose to approve Ordinance No. 17, Series of 2004,
on first reading, the Community Development Department recommends the
following condition of approval:
1. Prior to the Town Council's second reading of a ordinance amending
Special Development District #4, Cascade Village, the applicant shall
submit written documentation to the Town of Vail Communitv
Development Department demonstrating t the amendments are
consistent with all provisions of the Covenants of Glen
Lyon Subdivision.
ATTACHMENTS
Attachment A: Ordinance No. 17. Series of 2004
Attachment B: Staff memorandum to PEC dated July 12,
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Attachment A
ORDINANCE NO.17
Series of 2004
AN ORDINANCE AMENDING ORDINANCE NO. 28, SERIES OF 1998, SPECIAL
DEVELOPMENT DISTRICT NO. 4, GASCADE VILLAGE, TO ALLOW FOR A NEW
DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submifted an application for a major amendment to
Special Development District No. 4; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approval of this major amendment at its meeting,
and has submitted its recommendation ts the Town Council: and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in stdke{hreug*Vadditions are shown in bold italr'cs)
Estabtished
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. Special Development District No. 4 and the 97.955
acres may be referred to as "SDD No. 4.
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
Development Area
A
B
c
D
E
Aqcese-
17.955
4.000
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
TractK
Dedicated Open Space
Roads
TOTAL
Section 2. Ordinance No.28, Series of 1998, is hereby
9.1
(deletions are shown in skil€+hresgh/additions are shown in bold italics)
Development Plan - Required - Approval Procedurc
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. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan for Development Area E shall be esfablished through th6 review and
approval of a design review application andlor 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 Section 12-94 of the
Municipal Code.
Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in strike-threugh/additions are shown in bold italics)
Permitted Uses
A. Area A. Cascade Village I
1. Firstfloorcommercial uses shall be limited to uses listed in Section 12-
7.520
32.880
4.700
97.955
7B-3, (Commercial Core 1), of the Municipal Code. The "first floor'' or
'street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, and office except that no professional or business office
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space having a maximum square footage of 925 square feet located on the
first floor on the northwest comer of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-1 3 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the
Municipal Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
E. Area E, Tnct K
1. Nature Preseryes
2. Passive outdoor recreation areas and open spaces
Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in s+il€+h+€'ugh/additions are shown in bold ihlics)
Conditional Uses
Conditional uses shall be reviewed perthe procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Special aftraction;
4. Ski lifts;
5. Public park and recreational facilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Ski lifts;
D. Area D, Glen Lyon Commercial Site
1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E. Area E, Tract K
1. Interpretive nature walks
2. Bicycle paths and pedestrian walkways
3. Public utility and public servrce uses
4. Ski trails
5. Snowmaking facitities
6. Access roads' 7. Other uses customarily incidenbl and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
Section 5. lf 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 6. 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 7. 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 hereol 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 repealqd 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 lN FULL ON FIRST READING this 3'd day of August,
2004 and a public hearing for second reading of this Ordinance set for the
-
day of
2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
_ day of _,2004.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Attachment: B
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Department of Community Development
July 12,2004
A recommendation to the Vail Town Council of a major amendment to a Special
Development District (SDD), pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Gode, to allow for an amendment to Special Development
District No.4, Cascade Village, to allow for a new development area located at Tract
K, Glen Lyon Subdivision, and setting forth details in regard thereto.
Applicant Vail Resorts, represented by Braun Associates, lnc.Planner: Bill Gibson
il.
SUMMARY
The applicant, Vail Resorts, represented by Braun Associates, Inc., is requesting a final
review of a major amendment to Special Development District #4; Cascade Village (SDD
#4), to allow for a new development area located at Tract K, Glen Lyon Subdivision. Based
upon Staffs review of the criteria in Section Vlll of this memorandum and the evidence and
testimony presented, the Community Development Department recommends that the
Planning & Environmental Commission fonryards a recommendation of approval, with
conditions, to the Vail Town Council of the proposed major amendment to Special
Development District #4, Cascade Village.
DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, represented by Braun Associates, lnc., is requesting a final
review of a major amendment to Special Development District #4, Cascade Village (SDD
#4), to designate Tract K, Glen Lyon Subdivision, as a new "development area" (i.e.
Development Area E) within SDD #4. The primary purpose for this application is to
designate Track K as a separate development area to facilitate the construction of a new
snowcat access road generally located south of the Eagle River Water and Sanitation
District (ERWSD) and VailAmoco sites (846 West Forest Road and 934 South Frontage
Road) to the Cascade Way trail (formedy known as the Westin Ho trail).
Tract K is currently designated as part of the "Dedicated Open Space' area of SDD #4
(refer to page 3, of Ordinance 23, Series of 1998). The provisions of SDD #4 have not, and
do not, include any approved development plan nor any established development
parameters for the Dedicated Open Space areas (including Tract K). SDD #4 does not
designate any permitted uses, conditional uses, or accessory uses for the Dedicated Open
Space. While the primary purpose for this application is to designate Track K as a
separate development area to facilitate the construction of a new snowcat access road,
another purpose for this proposed major amendment is to establish a list of allowable land
uses for Tract K.
The applicant's proposed permitted uses for Tract K are similar to those within the Open
Space and Recreation Districts established by Chapter 12-8,Yail Town Code (e.g.
Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base
Recreation, and Ski Base Recreation 2 districts). The applicant has proposed that the
following land uses be permitted within Development Area E (i.e. Tract K):
, 1. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Code, Staff recommends the following uses be permitted on Track K:
1. Nature Preserves
2. Passive outdoor recreation areas and open spaces
Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and
for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts,
Vail Town Code, Staff also recommends the following conditional uses be allowed on Track
K, subject to the issuance of a conditional use permit:
1. Interpretive nature walks
2. Bicycle paths and pedestrian walkways
3. Public utility and public service uses
4. Skitrails
5. Snowmaking facilities
6. Access roads
7. Other uses customarily incidental and accessory to permitted and conditional
uses and necessary for the operation thereol with the exception of buildings.
A copy of the current SDD #4 regulations, Ordinance No. 23, Series of 1998, (attachment
A) and a more complete description of the applicant's request (attachment B) have both
been attached for reference.
III. BAGKGROUND
The following is a brief summary of Tract K and SDD #4 history which is relevant to the
proposed major amendment:
' March 1976: Ordinance 4 of 1976 - Town of Vail annexes "Lionsridge" area
. March 1976: Ordinance 5 of 1976 - SDD #4 established, Tract K is part of
development ?rea C". "Ski lifts and Tows" are allowed as conditional uses in
areas A, B, & C.
. November 1977: Ordinance 28 of 1977 - SDD #4 "Dedicated Open Space"
development area designation created; however, the properties in this area are
not identified.
. April 1978: Glen Lyon covenant restrictions are adopted for Tracts B, C, D, E, F,
G, H, J, K & "stream tract".
. July 1978: Tract K is deeded from Gore Creek Associates to the Town of Vail.
. August 1983: conditional use permit approved to construct the Westin-Ho ski
trail in Special Development District #4".
. June 1986: conditional use permit approved 'in order to construct a ski lift at
Cascade Villaoe"
o June a s"ptuiUur '1987: Glen Lyon covenants amended to allow bridges, lifts,
mazes, trails, equipment, etc. for Tracts J, H, & "stream tract".
. December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with
"ski lift" conditional use allowed in areas A, B, & C.
The proposed snowcat access project has recently received Town of Vail approval for
improvements to the Eagle River Water and Sanitation District property and a bridge
across Gore Creek. The Design Review Board has reviewed and approved the proposed
snowcat access road. The Planning and Environmental Commission and the Town Council
have approved a retaining wall variance to facilitate the construction of the road. The
snowcat access road can not be constructed until SDD #4 is amended, the Town Council
grants approval of easements for the road, and any potential conflicts with the Protective
Covenants of Glen Lyon Subdivision have been addressed.
IV. ROLES OF REVIEWING BODIES
Planning and Environmental Commission:
Action: The Planning and Environmental Commission is responsible for fonivarding a
recommendation of approval/denial/approval with condiiions of a major amendment to a
special development district to the Town Council.
Design Review Board:
Action: The Design Review Board has NO review authority on a major amendment to a
, special development district, but must review any accompanying Design Review Boprd
application.
V.
Town Council:
The Town Council is responsible for final approval/denial/approval with conditions of a
major amendment to a special development district. Actions of Design Review Board or
Planning and Environmental Commission may be appealed to the Town Council or by the
Town Council. Town Council evaluates whether or not the Planning and Environmental
Commission or Design Review Board erred with approvals or denials and can uphold, uphold
with modifications, or overturn the board's decision.
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 memorandum 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.
APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
Article 12-9A: Special Development Districts (in part)
12-9A-1: PURPOSE:
The purpose of the special development disfnbt is to encourage flexibility and
creativity in the development of land in order to promote its most appropiate use; to
improve the design character and quality of the new development with the town; to
facilitate the adequate and economical provision of sfreefs and utilities; to preserve
the natural and scenic features of open space areas; and to fuftherthe 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. The
special development district does nat 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 12-94-6 of this
article.
12-9A-2: DEFINITtONS:
MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposatto
change uses; rncrease gross residential floor area; change the number of dwelting
or accommodation units; modify, enlarge or expand any approved speciat
development district (other than "minor amendments' as defined in this section),
except as provided under section 12-1 5-4, "lnterior Conversion!!, or 1 2-1 5-5.
"Additional Gross Resrde ntial Floor Area (250 Ordinance)", of this title.
1 2-9A-6: DEVELOPMENT PLAN:
An apprcved development plan is the principal document in guiding the
development, uses and activities of a special development distict. A development
plan shall be approved by ordinance by the Town Council in conjunction with the:
review and approval of any special development district. The development plan
shall be comprised of materials submifted in accordance with Section 12-9A-S of
this Article. The development plan shall contain all relevant material and information
necessary to establish the parameters with which the special development district
shall develop. The development plan may consist of, but not be limited to, the
approved site plan, floor plans, building secfions and elevations, vicinity plan,
parking plan, preliminary open space/landscape plan, densities and permifted,
conditional and accessory uses.
12-94-7: USES;
Determination of permifted, conditional and accessory uses sha// be made by the
Planning and Environmental Commission and Town Council as a part of the formal
review of the proposed development plan. Unless further restricted through the
review of the proposed special development distict, permifted, conditional and
accessory uses sha// be limited to those permitted, conditional and accessory uses
in a property's underlying zone district. Under certain conditions, commercial uses
may be permifted in residential special development disticts if, in the opinion of the
Town Council, such uses are pimarily for the seruice and convenience of the
residenfs of the development and the immediate neighborhood. Such uses, if any,
shall not change or destroy the predominantly residential character of the special
development district. The amount of area and type of such uses, if any, to be
allowed in a residential special development distict shall be established by the
Town Council as a paft of the approved development plan.
1 2-94-8: DES/GN CRITERIA:
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. lt 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 consisfenf with the public
interest has been achieved:
A. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent propefties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
B. Relationshrp: Useg activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
C. Parking And Loading: Compliance with parking and loading requirements
as ouilined in Chapter 10 of this Tiile.
, D. Comprehensive Plqn: Conformity with applicable elements of the Vail
.' Comprehensive Plan, Town policies and urban design ptans.
E. Natural And/Or Geologic Hazard: ldentification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
F. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitwe to natural features, vegetation and overall aesfhetic quality of the
community.
G. Traffic: A circulation sysfem designed for both vehicles and pedestians
addressing on and off-site traffic circulation.
H. Landscaping: Functional and aesthetic landscaping and open space in
orderto optimize and preseNe natural features, recreation, views and
function.
l. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development of
the special development district.
1 2-94-9 : D EV E LO P M E Nr SIANDARDS;
'Development standards including lot area, site dimensions, sefbackg height,
density control, site coverages, landscaping and parking shall be determined by the
Town Council as part of the approved development plan with consideration of the
recommendations of the Planning and Environmental Commission. Before the Town
Council approves development standards that deviate from the underlying zone
distict, it should be determined that such deviation provides benefits to the Town
that outweigh the adverse et?ects of such deviation. This determination is to be
made based on evaluation of the proposed special development dr'sfrict's
compliance with the design criteria outlined in Section 12-9A-8 of this Article.
1 2-94-1 0: AMENDMENT PROCEDURES:
B. Major Amendments:
7. Requesfs for major amendments to an approved special development district
shall be reviewed in accordance with the procedures described in Section 12-9A-4
of this Article.
2. Owners of all property requesting the amendment, or their agents or authorized
representatives, shall sign the application. Notification of the proposed amendment
shall be made to owners of all property adjacent to the property requesting the
proposed amendment, owners of all property adjacent to the special development
district, and owners of all property within the special development district that may
be affected by the proposed amendment (as determined by the Department of
Community Development). Notification procedures shall be as ouflined in
subsection 12-3-6C of this Title.
TOWN OF VAIL LANDUSE PLAN
Chapter Vl-2: Key Goals
D. Parks and Open Space.. ,
2) The preservation of open space was determined to be a high pnoity.
The improvement of existing parks and open space areas, in concert
vt.
with continued purchase of open space by the Town of Vail were both
identified as piorities.
Chapter Vl4: Proposed Land Use Categories (in part)
OS Open Space.'
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the frpes of areas in this category. Hillsides which were
c/assrfred as undevelopable due to high hazards and s/opes over 40%o are
also included within this area. These hillside areas would still be allowed
types of development permitted by existing zoning, such as one unit per 35
acres, for areas in agricultural zoning. AIso, permifted in this area would be
i n stitutio n a l/public uses.
TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN
Tract K is not addressed by thq Comprehensive Open Lands Plan.
SPECIAL DEVELOPMENT DISTRICT ESTABLISHMENT AND REVIEW PROCESS
As noted above, Chapter 12-9 of the Town Code provides for the amendment of existing
Special Development Districts in the Town of Vail.
An approved development plan is the principal document in guiding the development, uses,
and activities of the Special Development District. The development plan shall contain all
relevant material and information necessary to establish the parameters with 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 determination of permitted, conditional and accessory uses shall be made by the
Planning and Environmental Commission and Town Council as part of the formal review of
the proposed development plan. Unless further restricted through the review of the
proposed Special Development District, permitted, conditional and accessory uses shall be
limited to those permitted, conditional and accessory uses in the property's underlying zone
district.
The Town Code provides nine design criteria, which shall be used as the principal criteria in
evaluating the merits of the proposed major amendment to a Special Development District.
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.
VII. SITE ANALYSIS
Legal Description: Lot K, Glen Lyon SubdivisionZoning: Special Development District #4
Land Use Plan Designation: Open Space
Current Land Use: Open Space and the Cascade Way trail
VIII. CRITERIA FOR REVIEW
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.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the
proposed snowcat access road is a similar land use as the existing Cascade Way trail
which was approved in 1983. Furthermore, the proposed land uses for Development
Area E (i.e. Tract K) do not allow for the construction of buildings.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Design Review Board; therefore, Staff believes the proposed major amendment is
compatible and sensitive to the immediate environment, neighborhood and adjacent
properties.
B. Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and open space, outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the
proposed snowcat access road is a similar land use as the existing Cascade Way trail
which was approved in 1983; therefore, Staff believes the proposed major
amendment is compatible, efficient and workable with the surrounding uses and
activities.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10
of the Vail Town Code. ,
,.
D.
Staff does not believe that this major amendment is affected by the parking or loading
requirements of Chapter 12-10, Vail Town Code. Therefore, Staff does not believe
this criterion is relevant to this application.
Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
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. Tract K is designated as "Open Space" by the Vail Land Use Plan. Staff has
reviewed the Vail Land Use Plan and believes the following policies are relevant to
the review of this proposal:
Chapter Vl-2: Key Goals
D. Parks and Open Space;
2) The preservation of open space was determined to be a high ptioity.. The improvement of existing parks and open space areas, in concert
with continued purchase of open space by the Town of Vail were both
identified as pioities.
Chapter Vl-4: Proposed Land Use Categories (in part)
OS Open Space:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category. Hillsides which were
c/assrfred as undevelopable due to high hazards and s/opes over 40%o are
also included within this area. These hillside areas would still be allowed
types of development permitted by existing zoning, such as one unit per 35
acres, for areas in agricultural zoning. Also, permifted in this area would be
i n sti tutio n a l/public uses.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space" and the policies, goals, and
objectives identified in the Vail Land Use Plan.
ldentification 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, Development Area E
(i.e. Tract K) is not located in any geologically sensitive areas or within the 100-year
floodplain. Therefore, Staff does not believe this criterion is relevant to this
application.
E.
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.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major
amendment complies with this criterion. Additionally, Staff believes the proposed
snowcat access road is a similar land use as the existing Cascade Way trail which
was approved in 1983.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Design Review Board; therefore, Staff believes the proposed major amendment is
functional, responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community.
A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The proposed major amendment will facilitate the construction of a new snowcat
access road. This proposal will remove Vail Resorts'winter mountain maintenance
traffic from public streets (i.e. West Forest Road). Staff believes this will have a
positive affect on traffic flows and traffic safety. Additionally, the proposed major
amendment will not negatively impact use of the existing Cascade Way trail or the
existing bike trail along Gore Creek; therefore, Staff believes the proposed major
amendment complies with this criterion.
Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
The proposed major amendment allows for uses within Development Area E (i.e.
Tract K) which are consistent with uses allowed in the Town's Open Space and
Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation,
Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);
therefore, Staff believes these proposed uses are consistent with Tract K's current
SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major
amendment complies 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.
As there is no phasing or subdivision plan associated with the major amendment,
Staff does not believe this criterion is relevant to this application.
G.
H.
10
lx.STAFF RECOMMENDATION
The Community Development Department recommends that the Planning & Environmental
Commission forwards a recommendation of approval, with conditions, to the Vail Town
Council of the proposed major amendment to Special Development District #4, Cascade
Village. The Staffls recommendation of approval is based upon the review of the criteria
outlined in Section Vlll of this memorandum and the evidence presented on this application
subject to the following firding:
'That the proposed major amendment fo Specia/ Development District t*4, Cascade
Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision,
and sefting forth details in regard thereto, complies with the nine design criteria ouflined
in Section 12-9A-8, Vail Town Code.
Futiltermore, the applicant has demonstrated to the satisfaction of the Commission,
based upon the testimony and evidence presented, 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 reguesf is consistent with the development goals
and objectives of the Town."
Should the Planning and Environmental Commission choose to approve this majoramendment
request, the Community Development Department recommends the following conditions:
1. The following uses shall be permitted in DevelopmentArea E (i.e. Tract K) of
Special Development District #4, Cascade Village:
Nature Preserves
Passive outdoor recreation areas and open spaces
The following conditional uses shall be allowed in DevelopmentArea E (i.e. Tract
K) of Special Development District #4, Cascade Village, subject to the issuance of
a conditional use permit:
1. Interpretive nature walks
2. Bicycle paths and pedestrian walkways
3. Public utility and public service uses
4. Ski trails
5. Snowmaking facilities
6. Access roads
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the exception
of buildings.
1.
2.
2.
11
3. Prior to the Town Council's second reading of a ordinance amending Special
Development District #4, Cascade Village, the applicant shall submit written
documentation to the Town of Vail Community Development Department
demonstrating that the amendmenls are consistent with all provisions of the
Protective Covenants of Glen Lyon Subdivision.
X. ATTACHMENTS
Attachment A: Vicinity Map
Attachment B: Applicant's request
Attachment C: Ordinance 23, Series of 1998
Attachment D: Draft Ordinance No. 17, Series of 2004
Aftachment E: Public Comment
Attachment F: Public Notice
12
Attachment A
Attachment B
PROPOSED AMENDMENT TO
GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4
June 1, 2004
PURPOSE OF THIS AMENDMENT
This proposed amendment to SDD 14 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD fF4. The pulpose
of this SDD amendment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROUND ON SDD #4
SDD #4 was originally approved in1976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of I9'76 makes no mention of the SDD's underlying zone
district. Typically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed in the
SDD.
SDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development level and changes to
development areas.
When originally approved inl976, SDD #4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing
mixed-use character.
In 1977 SDD #4 was amended to include the same four Development Areas (Areas A-D)
with the addition of a40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated
Open Space". As indicated inthe 1977 amendment, the total land area of the SDD was
approximately 92 acres.
SDD #4 was amended a number of times following the 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
(
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town of Vail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowrnaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the desigrr of the project.
The Town Council has approved two ofthe four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
ofthe project
In April of 2004 al996letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review ofa new
mountain access road that would be located in part over Tract K. The accessway location
and design contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD #4.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway''or
"catwalk" appear to be a permitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD ii4.
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD #4:
. Create a new development area - Development Area E, this area will consist of "Tract
K".. Establish allowable uses within Development Area E to include:
Permitted Uses
l. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related
improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
I Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
Al existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract K, it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for the bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. 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:
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.
Response
Numerous snowcat access alignments have been studied over the years. The
proposed route minimizes impacts on the site and impacts to sunounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately sunounding neighborhoods and the community as a whole.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response
The limited uses proposed for Development Area E are consistent with Tract E
"open space dedication" designation, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Title.
Response
Not applicable.
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the Lionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
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.
ResDonse
A geotechnical analysis has been completed in conjunction with the design of the
snowcat access road.
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 quality of the community.
ResDonse
The snowcat accessway has been designed in order to minimize both cut/fill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part of the bridgdsnowcat accessway.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
Response
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction oftraffic on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development ofthe special
development district. (Ord. 21(1988) $ l)
Response | (
Initially proposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intake/vault, new snowmaking lines up Vail Mountain and a new bridge over
Gore Creek. Phase I would be done the summer/fall of 2004. Phase II would
consist of the snowcat accessway up Vail Mountain. The timing for completion
of Phase II is to be determined. If the SDD amendment process is resolved in a
timely marurer the accessway could be constructed in 2004. As an alternative, it
is anticipated that the accessway would be constnrcted in 2005.
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ORDINANCE NO. 23
SERIES OF 1998
Attachment G
AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1995. REVISING GROSSRESTDENTTAL FLooR AREA (GRFA), eurLorNCiirenr neouiitr,,ieiiisl. iiii.EMpLoyEE HouslNG pRovrsrols roR Lors is-r AND 39-2, cLEr.r LVoiri-SUBDIVISION. DEVELOPMENT-AR,E-A.C, SOO r.rO. J iC;SCADE VILLAGE); REPEALINGRESOLUTION NO. 10, SERIES OF 1982,'WHICH FNOVOCS SPECIAL PROVISIONS FORLors 3e-1 AND 3e-2, GLEN LyoN suebMsroN; belErrllc ouroariiiiiir.r-orr]orvsAND REFERENCES TO EXPIRED OCVEIOPUCNi'PGT.Ii: AND SETTING FORTH DETAILSIN REGARD THERETO-
wHEREAS, Hagopian and pennington, LLC, has requested an amendment to the
existing Speciar Deveropment District No. 4, Development Area c, Lots 39-1 and 39_2. Gren
Lyon Subdivision; and
wHEREAs, the pranning and Environmentar commission has unanimousry
recommended approval of the proposed buirding height, GRFA, and Emproyee Housing unit
restrictions for Lots 39-1 and 39_2; and
WHEREAS, the Town Council considers that il is reasonabte, appropriate, and
beneficial ro the Town and iti citizens, inhabitants, and visitors to amend ordinance No. g,
series of 19g5 and repear Resorution No. ro, series of 1gg2 to provide for such changes in
Special Development District No. 4, Cascade Village.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THETOWN OF
VAIL, COLORADO, THAT:
Ordinance No. 8, Series of 1995, is hereby amended as follows:
Section 1 ,
Resolution No. 10, Series of .l 982, is hereby repealed.
Section 2. Amendment procedures Fulfilted, planning Commission Report
The approval procedures clescribed in section 12-9A ofthe Vail Municipal code have been fulfiled.
and the Town councir has received the recommendations of the pranning and Environmentar
commission for an amendment to the deveropment pran for speciat. Deveropment District No. 4.
Odinance 23. Serhs of ttnt \
Section 3. Special Development District No, 4
speciar Deveropmgnt District No. 4 and the deveropment prans therefore, are hereby remain
approved for the deieropment of speciai Deveropment District No. 4 within the Town of Vail, unress
they have expired.
section 4. speciar Deveropment District No.4, cascade vinage sharr read as fo[ows:
Purpose
speciar Deveropment District No. 4 is estabrished to ensure comprehensive deveropment
and use of an area in a manner that wi be harmonious with the generar character of the
Town, provide adequate open space and recreationar amenities, and promote the
objectives of the Town of Vair comprehensive pran. speciar Deveropment District No.4 is
created to ensure that the development density wi be rerativery row and suitabre for the
area and the vicinity in which it is situated, the deveropment is regarded as complementary
to the Town by the Town council and the planning commission, and because lhere area
signiticant aspecls of the Special Development District which cannot be satisfied through
the imposition of standard zoning districts on the area.
Definitions
Fdr lhe purposes of this chapter, the following definiiions shall apply:
A' "speciar attraction" shafl be defined as a museum, seminar or research center or
pertorming arts theater or cultural center.
B- 'Transient residentiar dweling unit or restricted dweling unit,, shafl be derined as a
dweting unit rocaled in a murti-famiry dweting that is managed as a short term rentar in' which at such units are operated under a singre management providing the occupants
thereof customary hoter services and facirities. A short term rentar shal be deemed to be
a rentar for a period of time not to exceed 31 days. Each unit shal not exceed 645 square
feet of GRFA which shal incrude a kitchen having a maximum of 35 square feet. The
kitchen shal be designed so that it may be rocked and separated from the rest ofthe unir
in a croset. A transient dweting uhit sha, be accessibre from common corridors, warks. or
balconies without passing through another accommodation unit, dwelling unit, or a transient
residentiar dweting unit. shourd such unils be deveroped as condominiums, they shal be
restricted as set forth in section 13-7 condominiums and condominium conversions.
subdivision Regulations. The unit shall not be used as a permanent residence. Fractional
Ordi..ncc 23. Scries ot t99g
fee ownership shalr nor be alrowed to be appried to transient dweting units. For the
purposes of determining aflowabre iJensity per acre, transient residentiar dweling units sharl
be counred as one harf of a dwering unit. The transient residentiar dweting unit parking
requirement shat be o'4 space per unit prus 0.1 space per each 100 square feet of GRFA
with a maximum of 1.0 space per unit. .
Estab/islred
A. speciar Deveropment District No. 4 is estabrished for the deveropment on a Darcel
of rand comprising g7.955 acres as more.particurarry describecr in the attached Exhibit A.
special Dwelopment District No. 4 ancl the 97.9s5 acres may be refened to as .sDD No.
4.0
B' The district sha[ consist of four separate deveropment areas, as identitied in this
ordinance consisting of the following approximate sizes:
Area Known As
Cascade Vi age
Coldsiream Condominiums
Glen Lyon Primary/Secondary and Single Family LotsGlen Lyon Commercial Site
Dedicated Open Space
Roads
TOTAL
Devel op m ent PI a n-Re qui red-App roval p ro c ed ure
Each deveropment area with the exception of Deveropment Areas A and D sha, be
subject to a single development plan. Development Area A shall be allowed to have
two developmenl plans for the Cascade Club site as approved by the Town Council.
The Waterford and Cornerstond sites shall be allowed one development plan each.
' Development Area D shall be allowed to develop per the approved phasing plans
as approved by the Town Council. The developer shall have the right to proceed
with the deveropment prans or scenarios as defined in the deveropment statistics
. section of this ordinance. Amendments to SDD No. 4 shall compty Section 12-9A
of the Municipal Code.
DevelopmentArea Aoeage
A 17.955B 4.OOOc 9.100D 1.800
40.400
4.700
97.9s5
O.dinancc 23, Serie5 of 1998
PermitTed Uses
A. Area A Cascade Mllage
1' First floor commerciat uses sha, be rimited to uses riited in section 12-78-3.
(Gommerciar core 1), ot the Municipar Gode. The 'first floor or "street rever" sha, be
defined as that floor ofthe building that is located at grade or srreet tevel:
2' At other floor revers besides first f,oor street rever may include retaii, theater.
resraurant' and offce except that no professionar or business office shat be rocated on
street rever or first floor (as defined above) unress it is ctearry accessory to a rodge or
educationar institrrtion except for an office space having a maximum square footage of g25
square feet rocared on the first floor on the northwest corner of the praza conference
Center building;
.3. Lodgej
4. Multi-famitydwelling;
5. Single.Famitydwelling;
5. primary/Secondary dwelling;
7. Transient residential dwelling unit;
8.. Employee dwelling as defined in Sectibn 12_13 of the Municipal Code:
. 9. Cascade Club actdition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-familydwelting;
2. Multi-famitydwelting.
C. Area C, Glen Lyon primary/Secondary and Single_Family Lots
1. Singte family dwe ing;
2. Two-familydwelling.
3. Type I Emproyee Housing unit (EHU) per chaprer 12-13,.of the Municioal
Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Emproyee dwelring as derrned in section 12-13 of the Municipar code.
Ordinanc! 23, Sericr ot t99E
Conditional l,ses
conditionar uses shat be reviewed per the procedures as outined in chapter 12-16 0f the
Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,SOO square feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code.
section 12-2 shat be a conditionar use for dweting units in the wesrhaven
murti-famiry dwetings. Fractional fee ownership sha, nor be appried to restricted
employee dwelling units or transient residential dwelling units. ownership intervals
shall not be less than five weeks,
3. Special ettraction;
4. Ski tifis;
5. Public park and recreational facilities:
i6. Major arcades with no frontage on any public way, street, walkway or mall
'area.
Area B, Coldstream Condominiums
1. public park and recreational facilities;
2. Ski tifts.
C. Area C, Glen Lyon primary/Secondary and Single-Famity Lots
1. public park and recreational facitities:
2. Ski tifrs;
D. Area D, Glin.Lyon Commercial Site
1. Micro_brewery as defined in Town of Vail Municipal code, Chapter 12_2.
Accessory Uses
A. Area A. Cascade Village
1. Minor arcade.
2. Home occupations, subject to issuance of a
accordance with the provisions of Tifle 12, Zoning
Municipal Code.
home occupation permit in
Regulations, Town of Vail
O.dinance 23. Senes of j998
3. Attached garabes or carports, priv?te greenhouses, swimming pools, tennis
courts, patios, or other recreational facilities customadry incidentar to permitted
residential uses.
4' Other uses customariry incidentar and accessory to permitted or condilional
uses, and necessary for the operation thereof.
Area B, Coldslream Condominiums
1. Home occupalions, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regutations, Town of Vail
'Municipal Code.
2. Attached garages or carports, private greenhouses, swimming pools, tennis
courts' parios, or orher recreationar facilities customariry incic,entar to permitted
residential uses.
Other uses customarily incidental and accessofy to permitted or conditional uses,t
and necessary for lhe operation thereof.
Area C, Glen Lyon primary/Secondary and Single-Family Lots
1, Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of 'f iue 12, Zoning Regurations, Town of vair
Municipal Code.
2. Attached garages or carports, private greenhouses, swimming pools, tennis
courts, patios, or other recreationar facirities customarily incidentar to permitted
residential uses.
3' other uses customariry incidentar and accessory to pemitted or conditional
uses, and necessary for the operation thereof.
D. Area D, Glen Lyon Commercial Site
1. Home occupations, subject to issuance of a home occupetion permit in
eccordance with the provisions of Ti'e 12, Zoning Regulations, Town of Vail' Municipal Code.
2. Attached garages or carpofis, privatb greenhouses, surimming pools, tennis
courts, patios, or other recrearionar facirities customariry incidentar to permitted
residential uses.
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Odinance 23. Serilt ot t99E
3. Other uses customarity incidentar and accessory ro permitted or conditional
uses, and necessary for the operation thereof.
4. Minor arcade.
Location of Bustness Activlty
A' At otfices. businesses, and sha, be operated and conducted entirely within a
building, except for permitted unencrosed.parking or roading areas, and the outdo6r display
of goods.
B' The area to be used for ourdoor dispray must be rocated directry in front of the
eslablishment displaying the goods and entirely upon the establishments own property.
sidewarks, buirding entrances and exits, driveways and streets shal not be obstructed by
outdoor display.
D e n s ity- Dw el I i n g l! n its
The. number of dwelling units sha not exceed the following:
A. Area A, Cascade Village
In Area A, a minimum of three hundred fiffy-two (352) accommodation or transient
dweting unirs and a maximum of ninety-four dweling units as defined by the tabres in
section 18.46.{03 for a totar density of two hundred sevenry (270) dwerting units.
B. Area B, Coldstream Condominiums
Sixly-five (65) dwelling units
C. Area C, Glen Lyon primary/Secondary and Single_Family Lots
One-hundred four (104) dwelling units.
D. Area D, Glen Lyon Commercial Site
Three dwe'ing units' two of which sha, be emproyee ctwering units as defined
Chapter 12_13, of the Municipal Code ..
Density-Floor Area
A. Area A, Cascade Vi age
' Thd gross residentier floor area (GRFA) for at buirdings sha, not exceed 289,145
square feet,
' 8. Area B, Coldstream Condominiums
Sixty-five thousand square feet (65,OOO sq. ft.) cRFA.
Ordinsncc 23. Series of 1998
C. Area C, Glen Lyon primary/Secondary and Singte_Family Lots
' GRFA shati be carcurated for each rot per section 12-6D-8 (Density contror) for the
Primary/Secondary district 6f the Town of Vail municipal code.
O. Area D, Glen Lyon Commercial Site
The deveropment prdn for this area has expired. see ordinance No. g, series of
1998 for previous requirements.
Commercial Square Footage
A. Area A, Cascade Village
Area A shall not exceed 35,69g square feet of commercial area.
B. Area D, Glen Lyon Commercial Site
The deveropment pran for this area has expired. see ordinance No. I, series of
. :l998 for previous requirements.
Development Stat s(jcs for Area A. Cascade Vi age, and Area D, Gten Lyoni
Commercial Site
Ordin.ncc 23. Series ot 1998
CHART 1: Area A Completed projects
': i::
CnCa parting requiraftcnts.
"'Fot lhe purposes ot cslcutating GRFA lor the co3grir parcel (Mill.acc tv), no credb 5hafl be given except tor 3oo siL to be
allowed lor rech cnctosed pa*ing spacc.
Ordinance 23. Series ot 199E
CHART2: AREA A
REQUIRED PARKING
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Development plans
site specific deveropment prans are approved for Area A and Area D. The deveropment
plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and
other developers. The development plans for Area D are comprised of those plans
submitted by the Gren Lyon office Buirding, a cororado partnership. The fotowing
documents comprise the development plan for the sDD as a whole, waterford, .
cornerstone' cascade Grub Addition scenario I and 2, Mirtrace rv, and Area D-Gren
Lyon Commercial Site and is not all inclusive:
1. Waterford, Sheet #L-2, dated 11-12-92, Landscape plan, Dennis Anderson.2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading plan Gwathmey, pratt,
Schultz.
3. Waterford, sheet #2.1, dated 11-13_92, ptan Level 38/43' 3., Gwathmey, pratt,
Schultz.
4. Waterford, Sheet #2.2, dated 11-13_92, ptan Level 48,_6Y53!0., Gwathmey,' Pratt, Schultr.
5' Waterford, sheet #2.3, dated 1 1-13-92 pran Lever 59'-0:/64'-3" by Gwathmey,
Pratt, SchutE.
6. Waterford, Sheet #2.4, dated 11-4_92, ptan Levet 69,_6,?4,_9,,, cwathmey, .
Pratt: Schultr.
7 . Watertord, Sheet #2.5, dated 1 1-13-92, plan Levet 80,-O,iB5,_3, cwathmey,
Pratt, Schultr.
8. Waterford, Sheet #2.6, dated 1 1_13-92, plan Level 90,_6" Gwathmey, pratt,
Schultz.
I' Waterford' sheet #2.7, dated 11-13-92, pran Lever 101,-0,, Gwathmey, pratt,
, Schultz.
Parking for Completed projecis per Chart 1
in
Cascade Parking Structure
Parking Spaces
449.9
Less 17.5% Mixed-Use Credit
-78.7
Total Required Parking at Build-Out of Area
-A in Cascade Slructure
371.2
Existing Parking in Cascadg Slruclure 421.0
Required Parking in Cascade Structure af
Build-Out of Area A
Wrth 17.5% mixed-use credit 371.2
Ordinsncc 23, Series of 199!
10. Waterford, Sheet #2.9, dated 11-13_92, plan Level 11 1 _6,, Gwathmey, pratt,
Schultz.
11. Waterford, Sheet #2.9, dated 11_13-92, ptan Levet 122,_0,, Gwathmey, pratt,
Schultz.
12. Waterford., Sheet #2.10, dated 12-14_gl,Roof plan AU Levels Gwathmey, pratt,
Schultz
13. Waterford, Sheet #3.1, dated 1.1_13_92, Elevations Gwathmey, pratt, Schultz.i4. Waterford, Sheet #3.2, dated .11_13_92, Etevations, Gwathmey, pratt, Schultz.15, Waterford, Sheel #4.1, dated 1 1_4_92, Sections Gwathmey, pratt, Schultz.16. Waterford, Sheet #4.2, dated 1.1_4-92, Sections, cwathmey, pratt, Schuttz.
17 . Waterford, Sheet #4.3, dated 1 1_4.92, Sections, Gwarhmey, pratt, Schuttz.18. Waterford, Sheet#9.1, dated 10_20_92, Unit plans Gwathmey, pralt, Schuttz.
1 9. Waterford, Sheet #9.2, dated 10-20_92, Unit plans, Gwathmey, pratt, Schultz.20. Waterford, Sheet #9.3, dated 10_20_92, Unit plans Gwarhmey, pratt, Schuttz.21. Waterford, Sheet #9.4, dated 10_20-92, Unit plens, Gwarhmey, pratt, Schuttz.22. Waterford, Sheet #9.S, dated 10,20-92, Unit plans Gwathmey, pratt, SchulE.23. Cascade Ctub Addition Site plan, Roma, 1O/10/88.
24. Clscade Club Floor plan, Roma, 1O/10/88.
25. Mi race lll, Sheet #1, OiteO SlOlgl, Site plan, Steven James Riden.26' Mirrrace
'r,
sheet #2. dated 4/13/93, Froor prans for singie Famiry Residence.
Sleven James Riden.
Millrace lll, Sheet #3, dated 5/6/93, Elevations for Single Famity Residence.
Steven James Riden.
Millrace lll, Sheets #4 and #S, dated 3i2Ol93, Floor plans for Duplex Building,
Sleven James Riden.
Millrace lll, Sheets #6 and #7, dated 5/6/93, Elevations for Duptex Building,
Steven James Riden.
30' Mirrrace t, sheet L1' dated 5/6/93, site/Landscape pran, steven James Riden.31' Mirrrace rv, scenario r, a/k/a cosgriff parcer, site pran, Arnord Gwathmey pratt,
10t28t91.
32' Mirrrace rv, scenario r' a/kra cosgriff parcer, Erevatrons Arnord Gwathmey pratt,
10t22t91.
33' Mirrrace rV, scenario r, a/ua cosgritf parcer, Froor plans Arnord Gwathmey pratt,
10t23t91.
34' Mirrrace rV, scenario r, a/k/a cosgriff parcer, Landscape pran, Dennis Anderson
Associates.
35. Cosgriff parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped.36' survey, a part of cascade vilage, Eagre vafley Engineering, Lerand Lechner.
6t8t87.
37. Site Coverage Analysis, Eagle Valtey Engineering, 1O/10/BB.
27.
za-
,o
Ordin.nce 23. Series of 19g8
38' cascade village Special Development District Amendmenl and Environmental
lmpact Report: peter Jamar Associales, Inc., revised i 22lgg.
'A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be
added to the waterford project to alrow for compriance with the uniform Buirding code,
uniform Fire code and American Disabirities Act. The staff sharr review alr such
additions to ensure that they are required by such codes.
Area C, Glen Lyon Primary/Secondary and Single Family Lots
1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L_l, prepared by Design
Workshop, Inc., dated 11-9_98.
Area D, Glen Lyon Commercial Sit6
The development plan for this area has expired. see ordinance No. g, series of 1998 ,or
previous requirements.
Development Standards
The development standards set out herein are approved by the Town councir. These
standards shall be incorporated into the approved deveropment pran pertinent to each
development area ro protect the integrity of the deveropment of sDD No. 4. They are minimum
development standards and shaI appry unress more restrictive standards are incorporated in
the approved deribtopment plan which is adopted by the Town Council.
Sefbacks
A. Area A, Cascade Village
Required setbacks shal be as indicated in each deveropment pran with a
minimum setback on the periphery of the property of not ress than twenty feet, with the.
exception that the setback requiremenr adjacent ro the existing cascade parking
structure/athretic crub buirding shan be two feet as approved on February g, 1gg2, by the
Planning and Environmental Commission. All buildings shall maintain a 50 foot stream
setback from Gore Creek. The waterford buirding shal maintain a minimum 20 foot
setback from the north edge of the recreational path along Gore Creek.
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the development plan,
C. Atea C, Glen Lyon primary/Secondary and Single_Family Lots
Required setbacks shall be governed by Section 12-6D_7 ofthe
Primary/secondary zone district of the Town of Vair Municipar code. For singre-famiry
Lots 39-1 and 3g-2, devetopment sha[ occur per the approved buirding enveropes and is
subject to the fo owing:
. AI future deveropment wi be restricted to the area within the buirding enveropes.
The only development permitted outside the building envelopes shall be
landscaping, driveways (access bridge) and retaining walls associated with
driveway construction. At-grade patios (those within 5' of existing or finished
grade) wifl be permitted to project beyond the buirding enveropes not more than
Ordlnance 23. Sed$ ot 1g9A
ten feet (10') nor more than one-harf (2) the distance between the buirdino
envelope and the:property line, or may project not more than five feet (S,inor
more than one'fourth (3) the minimum required dimension between buirdings.D. Area D. Glen Lyon Commercial Site
Required setbacks shall be as indicated on the approveO development plans.
Height
A. For the purposes of SDD No. 4 calculations of height, height shall mean the
distance measured verticaty from the existing grade or finishect grade (whichever is
more restrictive), at any given point to the top ofa flat root, or mansard roof, or to the
highest ridge line ot a sroping roof unress otherwise specified in approved deveropment
plan drawings.
B. Area A, Cascade Village
1. The maximum height for the Westin Hotel, CMC Leaming Center,
Terrace Wing, plaza Conference Building and Cascade parking
Structure/Alhletic Club is 71 feet.
2. Cornersione Building: Maximum height of 71 ,eet.
3. Waterford Buirding: Maximum height of feet as measured from finished
grbde to any portion ofthe roof along the north elevation shall be 55,(South
Frontage RoaiJ), 56'arong the west erevation westhaven Drive, and 55 feet
along the south and east elevation as measured from finished grade.
4. Westhaven Building: A maximum of 55 feet.
5. Millrace lll: A maximum of 36 feet.
6. Millrace lV: A maximum of 36 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Enlry Tower: A maximum of 36 feet.
9' The remainder of buirdings in Area A sha, have a maxmum height of 4g
feet.
E.
Area B. Coldstream Condominiums
The maximum height shall be 48 feet.
Area C. Glen Lyon primary/Secondary and Single-Family Lots
The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or
mansard roof.
Area D. Glen Lyon Commercial Site
51% of the roof shafl have a height between 32 and 40 feet. 49% of lhe roof area
sharr.have a height under 32 feet. on the perimeter of the buirding for Area D, herght is
measured from finished grade up to any point of the roof. on the interior area of any
building, height is measured from existing grade up to the highest point of the roof.
Development plan drawings shafl constitute the height aIowances for Area D.
c.
U.
Ordinance 23. Series of ,|998
S/te Coverage
Areas A & B: No more than 35% of the total sife area shall be covered by buildings,
provided, it any portion of the area ii deveropeo as an institutionar or
educational center, 45olo of the area may be covered unress otherwise
indicated on the site specific development plans.
Area C: . No more than 25% of lhe total site area shall be coverec, by buildings,
unless the more restrictive standards of.Chapter 12-21 of the Vail
Municipal Code apply.
Area D: No more than 37% ofthe total site area,shall be covered by buildings and
the parking struclure.
Landscaping
At least the following percentages ofthe total development area shall be landscaped asprovided in the development plan. This shall include retention of natural landscape, if
appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent (60%), of
the area shal be randscaped unress otherwise indicated on the site specific
development plans.
Parking and Loading
A. Aiea A, Cascade Village
1. Off-street parking shall be provided in accordance with Chapter 12_10,
except that 75% of the requhed parking in Area A shall be located within a
parking structure or buirdings with the exception of Mirrrace rv, scenario r, where. 66.6% of required parking sha be enclosed in a building. _
2. There shall be a total of421 spaces in the main Cascade Club parking
struclure. A 17.5 percent mixed-use credil perthe Town of Vail parking code,
has been appried to the totar number of required parking spaces in the cascade
structure.
3. There shall be a total of 59 on-sile parking spaces on the Waterford
building site with a minimum of 75% of the required space located below grade.
No mixed use credit shall be applied to lhis site.
4. There shall be a minimum of 93 enclosed parking spaces tocated within
the Cornerstone building with 37 of the required spaces available to the public for
short-term parking. No mixed use credit has been applied to this lot.5. The third floor of the cascade parking structure shal not be used to meet
any parking requirements for accommodation units, transient residentiar dwering
. units, employee dwelling units or dwelling units.
6. phasing: All required parking for Cornerstone and Waterford shall be' located on their respective sites. All required parking for the Cascade Club
Wellness Center Addition Scenario 1 shall be provided in the Cascade parking
structure.
I .,,
O.dinrnce 23. Series ot l99E
14
7. seventy-five percent of rhe required parking shal be rocated within the
main building or buildings and hidden from public view from adjoining properties
,within a landscaped befm for Westtraven Condominiums, and Millrace lll.8. All loading and delivery shall be located within buildings or as approved inthe development plan.
Area B. Coldstream Condominiums
Fifty percent of the required parking shat be rocated within the main buirding or
buildings and hidden from public view from adjoining properties within a
landscaped berm.
Area C, Glen Lyon primary/Secondary and Single-Family Lots
OfF-street parking shall be provided in accordance with Chapter 12-10 of the
Municipal Code.
Area D, Glen Lyon Commercial Site
7. Once the parking structure is constructed, the parking and access to
Area D shall be managed per the TDA parking Report, parking Management
section' pages 6 and 7, August 10, 198g, and rDA Report, vair Brewery parking
Analysis Update, dated January 16, 1990, both written by Mr. David Leahy.8.. No loading or delivery of goods shall be allowed on the public right_of-way
along the South Frontage Road a jacent to the Area D developmenr.
9. The owner of the property and brewery management shall prohibit
semFtruck and trairer truck traflic to the Gren Lyon commerciar site, The onry
truck loading that shall be allowed to the site shall be vans having a maximum
tength of 22 feet.
Recreation Amenifles Iax Assessed
The recreationar amenities tax due for the deveropment within SDD No. 4 under chapter
3.20 shall be assessed at a rate not to exceed twenty_five cenrs per square foot of the
froor area in Deveropment Area A; and ar a rate not to exceed fifty cents per square footof GRFA in Development Area B; and at a rate not lo exceed fifteen cents per square
foof of GRFA in Deveropment Area c; and at a rale not to exceed seventy_flve cents Dersquare foot of floor area in Deveropment Area D: and shat be paid in conjunction witheach construction phase prior to lhe issuance of building permrls.
Consetyation and po ution Controls
A' The deveroper's drainage pran sha, incrude a provision for prevention of porution
from surface runofJ.
B' The deveroper shat incrude in rhe buirding construction, energy €nd water
conservation controls as general technology exists at the time of construction.C. The number of fireplaces permitted shall be a.s set forth in the Town of Vail
Municipal as amended.
D' rf firepraces are provided within the deveropment, they musr be heat efficient
through the use of grass encrosures and heat cifcurating devrces as technorogy exists atthe time of development.
6-
w.
Ordinance 23. Series of 1998
E. A[ water features within Deveropment Area A sha[ have overflow storm drainsper the recommendation of the Environmenrar lmpact Report by Jamar Associates on
Page 34.
F' AI parking srructures shat have potution contror devices to prevent oir and dirt
from draining into Gore Creek.
G. ln Area D. a manhole on the brewery service line shalt be provided so that the
Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength..H. In Area D, the brewery management shall not operate lhe brewery process
during temperature inversions. rt shat be the brewery owneis responsibirity to monitor
inversions.
r' A' trash compactors and trash slorage areas shat be compretery encrosed within
Special Development District 4.
J' Protective measures shat be used during construction to prevent soir erosion
into Gore creek, particurarry when consrruction occurs in Areas A and D.K. The two employee dwelling units in Area D shall only be a owed to have gas
fireplaces that meet the Town of Vail ordinances governing fireptaces.
Additional Amenifies and Approva! Agreements for Special Deve!opment
District No. 4.
A' - The deveropei sha, provide or work with the Town to provide adequate private
transpodation services to the owne6 and guests so as to transport them from the
deveropment to the Virage core area and Lionshead area as ouained in the approved
development plan.
B. Area A, Cascade Village
1' The deveroper shat consrruct a sidewark that begins at the entrance to
the cascade crub arong westhaven Drive and extends to the west in front of the
westhaven buirding to connecr with the recreationar path to Donovan.park. The
wark shat be constructed when a buirding permit is requested for westtiaven
Condominiums. The sidewalk shall be part of the building permit plans. The
sidewalk shall be conslructed subsequent lo the issuance of a building permit
and prior to the issuance of a temporary certificate of occupancy for Westhaven
Condominiums.
2. The deveroper shafl provide 1oo-year floodprain informalion for the area
adjacent.to the Waterford and Cornerstone buildings to the Town of Vail
community Deveropmenr Department before buirding permits are rereased for
. either projecl.
3. Cornerstone
The development plan for this area has expired. See Ordinance No. g, Series of
1998 for previous requirements.
4. The Ruins / Westhaven Condominiums
The development plan for this area has expired. See Orc,inance No. g, Series of
1998 for previous requiremenrs.rt (
Ordinrncc 23, Series of 1998
C. Area D, Glen Lyon Commercial Site.
. The development plan for this area has expired. see ordinance No. g, series of
1g9g for previous requirements.
Employee Housing
The deveropment of sDD No. 4 wit have impacts on avairable emproyee housing withinthe Upper Eagre Vatey area' In order to herp meet this additionar emproyee housing
need, rhe deveroper(s) of Areas A and D shal provioe emproyee housing on site. The
deveroper(s) of Area A shal buird a minimum of 17 emproyee dwefling units within AreaA Westhaven condominium buirding (Ruins), 3 within the cornerstone Buirding and 2. within the Liftside (Waterford Building). Each employee dv,/elling unit in lhe Westhaven
Condominium Building (Ruins) shall be deed reslricted as a Type llt EHU. Each
emproyee unit in the cornerstone Buirding shat have a minimum square footage of 600
square feet' There shat be a totar of 2 emproyee dweting units in the waterford
Buirding. one sha be a minimum of 3oo square feet and the other a minimum of g0o
square feet.
The deveroper of Area D sha'buird 2 emproyee dweting units in the Area D east
buirding per the approved pran for the Fast Buirding. In Area D one emproyee dwering
unit sha, have a minimum GRFA of 7g5 square feet and the second emproyee dwerirng
unit shall have a minimum GRFA of 900 square feel. The GRFA and number of
emproyee units sha, not be counted toward atowabre density or GRFA for sDD No. q.
Al Emproyee Housing Units shal be deed restricted per chapter 12.13, as amended, of
the Vair Municipar code prior to issuance of buirding permits for the respective projed.
In Area C, Lots 39-1 and 39-2, shall be required to provide a Type ll, Employee Housing
unit (EHU) per Chapter 1 2-13 0f the Zoning Regurations of at reast 500 sq. ff. each, on
each rot. These rots sha, not be entired to the 500 sq. ft. of additionar GRFA. The 500sq ft' sha, be incruded in the atowabre GRFA on these rots. Each rot sha, arso be
entited to 300 sq. ft' of garage area credit for the emproyee housing unit, in addition to
the 600 sq' ft. garage area credit arowed per residence. The driveway width of 12 ft is
atowed to remain (no increase in driveway width is required) for a, arowed/required
dwelling units and employee housing on lhese lots.
Time Requirements
sDD No' 4 shat be governed by the procedures outined in section 12-gA ofthe Town
of Va.il Municipal Code.
Section 5.
lf any part, section, subsection, sentence, crause or phrase of this ordinance is for any reason
herd to be invarid, such decision shal not affect the varidity of the remaining portions of this
ordinance; and the Town councir hereby decrares it wourd have passed this ordinance. andeach part, section, subsection, sentence, crause or phrase thereof, regardress of the fact that
Ordinance 23, Series ol 199g
any one or more parts, sections, subsections, sentences, crauses or phrasJs ue oe"ia.eainvalid.
Section 6.
The repear or the repear and re-enactment of any provisions of the Vair Municipar code asprovided in this ordinance shall not affecl any right which has
viorarion rhar occu*ed prior ro the effecrive dare hereof, any ,:ffff:":::fflli1lll
other action or proceeding as commenced under or by virtue of the provision repealed 9rrepeared and reenacted. The repear of any provision hereby shat nor revive any provision orany ordinance previously repealed or superseded unlegs expressly stated herein.
Section 7.
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repeared to the extent onry of such inconsistency. Therepearer shat not be construed ro revise any byraw, order, resorution or ordinance, or partthereol heretofore reDealed.
INTRODUCED. READ ON FIRST READING. APPdOVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 15th dAY Of DCCCMbCT, 1998, ANd Apubric hearing foi second reading of this ordinance set for the Sth day of January, 1999, in the
READ AND AppRovED oN sEcoNo READTNG AND .RDERED puBLlsHED rN FULL thissth day of January, 1999.
Council Chambers of the Vaii Municipal Building, Vail, Color
Robert Ford, Mayor
:4d-
Donaldson, Town Clerk
(
Ordinancc 23. S..ies or 1996
18
A pan of tbc s\l/ r/4 NE r/4 0f Scction r2, Township 5 south, Range gl wesr of rhe 6thP.M., desiribed as follows:
Beginning at a poinr on lhe wesr rinc of said sw r/4 NE l/4 from which the Nonh onc-quaner corner ofsaid Section bcars Norrh 0" r 5' Easr 2269.4g feetl ,rr"".. N"nrr'o; ii:i"r,,along said wcst Line, r52.36 feet to a poirir on tbe southeasterly right of way rir. oiu.!.""Highway No. 6; rhence, along said Souiheasterly righl "i;;y tine, as follows:
Norrh 52.?7, East, I 02.3 | fee r;
Norrh 49'20' East, 5 19.57 fccti and
. -- _ .
North 48'13' Easr, 549.09 feet, more or ress, ro a poinr on the Norrb line of said SW l/4NE t/4; rhence Nonh 88"33, Easr, along the Norrh fin" oir"ia Sw l/4 NE, 3etf;il;;;.less, ro a poinr on the cenrerrine ofGolJcreck; thence, aton! tne centerrine ofGor;br""k,;;follows:
Sourh 36'49' Wesr, i01.04 feer:
South I 8 .2 l, Wcst, 54.0g fcct;
South I .24, Wcsr, 205.02 fecr:
Sourb 12. 10, West, I 10.25 fecr: and
Sourh 2g'4r'west,ziz.35 fcet, thcnce sourh 75 " r 5' wesr, 1064.10 feet to the point ofbeginning.
Rosc Parccl
J.190 acr.cs
A rracr of rand sir'atcd in rhc swr/4NEr/4 orscction r2. Tp 5 s., R. gr w., of the 6thP.1r4., Iying southerly oithat cenain tracr ofrand described in Book 199, page 197, Norrherrv anowese'lv of rhe cenrer rine of Gore creek, and rving N";;;;ii .rJrrri.tiy ii,'mr;';;i;;".,,describedinBook2il atpase r06,Book2rtainlgc tosaiasookzrs""tp.g.ioi-i.r.it.a
as follows:
Beginning at a poinr on the Nonh-soutrr center line of said secrion r2 whence the Northquaner corner of said Secrion l2 bearsN.00"15, E.2269.4g feet;
thence N' 75 ' r 5' E. 346.26 fcct ro lhe lrue poinr of b-eginning, said point being on thesouth linc of rhar t'acr dcscribcd in Book r 99, prgJ itt ;;i;l',ich bcarr s. 08.26, E. 2205.14feet from the North quaner corner of said Seciion-I2;
tbence N. 75'15' E. 717.'4 fcet along the Southerly line ofrhar tracr described in Book199, Page 197 to the ccntcr of Gorc Crcck:
thence S. 2u.41' W. 130.61 fecr along thc ccnrcr. line of said Cr.cek;thcncc S. 05.24,30" E. 104J0 fcer aling rhc ccntei iinc otsa;a Cleek;thencc S. 49"29,W. 95.50 feer along thJccnter line oiiaid Cr.eek;thcncc S. 22.34, W. 124.47 fcct along thc ccntcr linc of said Cr.cck;thcncc S. 54'00' w. r 1g.34 fcct arong tbc ccntcr rine ofsaid Qrcek; to the southcastcornel of that cenaiD rrao of land described in Book 2 I I , page i Ot;thencc N. 3i ' r 6'3 0" w. r 40. 1 2 fc* arong thc rastcrt! tine of that rmcr dcscribed in Boor2l I at Pagc 108;
Vail-Rose
thencc N. 57 " 42,30" W. I 69.ttS
Book 2l I at Page I 08;
.e,
EXHIISIT "A"
KOELBEL PROPERTY
DEVELOPMENT AREA A
l l.J /u acres
fcct along thc Northeasterly line of tlrat tl.act dcscribcd in
rhencc N. 86"02'30" \\/. r62.92 fe' arong rrre Norrhcrry linc ofrhosc n-acts dcscribed inBook 2l I ar Pagc I 08, Book 2 I I at pagc I 06 ro"a poinq -' "
tbcnce N. 32'57'30" w. 76.0g feet arong rhe Northeasterry line of that n.act described inBook 2I 5 at Page 365, ro thc point ofbcginninf.
F:\cvcryon.Uomuo.tbct.ter
sRs
ORDINANCE NO.17
Series of 2004
AN ORDINANCE AMENDING ORDINANCE NO. 28, SERIES OF 1998, SPECIAL
DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW
DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-gA-2 of the Vail Town Code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No.4; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approval of this major amendment at its meeting,
and has submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend the official Town of Vail Official Zoning Map.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in strike-th+esgF/additions are shown in bold iblics)
Established
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. Special Development District No. 4 and the 97.955
acres may be refened to as "SDD No.4.
B. The district shall consist of four separate develdpment areas, as identified
in this ordinance consisting of the following approximate sizes:
Attachment: D
Area Known As
Cascade Village
Coldstream Condominiums
Develooment Area &rcase-
17.955
4.000
9.100
1.800
7.520
32.880
4.700
97.955
Glen Lyon Primary/Secondary and Single Family Lots
Glen Lyon Commercial Site
Tract K
Dedicated Open Space
Roads
TOTAL
Permifted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to
B
C
D
E
Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in stike-threugrh/additions are shown in bold italics)
Devetopment Plan - Required - Approval Procedure
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 Comerstone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. 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 Section 12-94 of the
Municipal Code.
Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in s+Fi.l€+hr€ugh/additions are shown in bold italics)
\
uses listed in Section 12-
7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or
"street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, and office except that no professional or business ofiice
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an offce
space having a maximum square footage of 925 square feet located on the
first floor on the northwest comer of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
. 1. Single family dwelling;
2. Two-family dwelling.
3. Type ll Employee Housing Unit (EHU) per Chaptelt2-13, of the
Municipal Code.
D. Area D. Glen Lyon Commercial Site
1 . Business anqprofessional ofiices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
E. Area E, Tract K
7. Nature Presenres
2. Passive outdoor recreation areas and open spaces
Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in stdke+h+€'ugHadditions are shown in bold italics)
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Special attraction;
4. Ski lifts;
5. Public park and recreational facilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Ski lifts;
D. Area D, Glen Lyon Commercial Site
1 . Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E. Area E, Tract K
7. Interpretive nature walks
2. Bicycle paths and pedestrian walkways
3. Public utility and public seryice uses
4. Ski trails
5. Snowmaking facil ities
6. Access roads
7. Other uses customarily incidenbl and accessory to permitted and
conditional uses and necessary for the operation thereot with the
exception of build i ngs.
Section 5. lf 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 6. 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 7. 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 hereol 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 lN FULL ON FIRST READING this _ day of _,
2OO4 and a public hearing for second reading of this Ordinance set for the _ day of
2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
_ day of _, 2004.
Ludwig Kurz, Mayor
Attest:
Lorelei Donaldson, Town Clerk
07/06/04 14:25 FAX,30S2S5E281
DETWER . ASPEI
SOULDER . COLORADO sPRINGS
DEI{VER TECH CEHTER
BILIING5 . BO!iE
orEYEltt{E . tAct60t{ HoLE
9|LT r^|(E cTY . Srrr{lA FE
wAsHINGrO , o.c.
HOTi,AND & HART'''
ATTORNEYS AT LAW
sLtrTE 32!O
59S SEVENTEENTH STREET
DEalvER, COLORADO 80202.3979
I.IAIUIIG ADDRESS
P.o. rox 8749
DE|{VE& @LORATO l02ol-rr49
July 6,2004
TEGFHOiIE (303) 295.8000
FACSrlltr"E (301) 2991251
Gregory E. Goldberg
(303) 29s.8099
ggoldberg@hollrndh!rt com
EOLI.AND & EART
Attachment: E
VIA FACSIMILE
Mr. George Ruther
Chief of Planning
Town of Vail
Community Development Department
75 S. Frontage Road
Vail, CO 81657
Re: Opposition to Proposed Amendnent To Glen Lyon Spcciol
Development District #4
Dear Mr. Ruther:
Per our disoussion last week, I am writing on behalf of Robert Rosen,
Timothy Pennington, and Alan Hassman (together, the "Glen Lyon Owners") in
oppositiou to Vail Resort's ("Vail') Proposed Amendment To Glen Lyort
Slioial Dovelopment District #4, submitted to the Town of Vail ("Town") on
June 1, 200a (the "Proposal"). As you requested, tLese comments are submitted
on or before July 6, 2004.
SuPrPre.nY
The Glen Lyon Owners suPport certain eloments of the Proposal,
including skiways, oatwalks, trails, and related improvements, some of which
already exist. Howover, other elements, suqh as the snowoat accessway, roads,
and bridges, are objootionable because they would violate; (1) the Town's own
protective covenants prohibiting sush activities and development and upon
whioh adjacent landowners have relied for decades; and (2) applicable
provisions of the Town Code (the "Code")-
Gr,nN Lvox BAcKCROUND
As you -"y ulw, the GlelLyon Owlers own ProPefiy within the Olen
Lyon Subdivision (the "subdivision"), which was created in approximately
I978 as a predominantly residential ueighbcrhooal. ContemForaneously, a
parcel within the Subdivision ("Tract K") was deeded to Town as dedicated
07/08/04 14:26 FAX 3032958261 SOLLAND & EART
HonaNo & HART','
ATTORNEYS AT LAW
Mr. George Ruther
July 6,2004
Page2
open space. Prior to the conveyance, tho Town and thc Subdivision cleveloper
executed and frled "Ptotective CovenantS of Glen Lyon Subdivision" (the
"Protective Covenants"), prohibiting certain activities and development
(ilesoribed below) on Traot K, which still is owned by the Town.
The purpose of decding Traot K to the Town and implementing the
Protective Covenants was to crcate an opeu space border or buffer for the
Subdivision and to encourage a placc for valloy iesidents to walk, ski, pionic,
climb, and bicycle.
Tm PnotEcrrvr CovnNaNrs
The express purpose of the Protective Covenants was t(to place certain
restrictions on the use of the Subject Land," inolUding Tract K. The Proteotive
Covenants state:
'No structure, either temporary or permatretrt, shall bc erected,
constructed or permitted to remain on [Tract K], except decorative
items consistent with . . . a picnic area."
"[N]or shall there be permittod, within or upon [Tract K], any
other act by any pcrsoo or Persons, whioh, in the judgment of any
property owner or . . . the Town of VaiI, Colorado, may deface,
alter, destroy or damage the natural condition of the vegetation or
the aestletic value of the natural envitonmental quality of [Tract
Kl,"
"Improvements necessary, desirable, or convenient for the
provision and maintenance of utility services may be sonstructed"
and maintained through or under . . . [Tract K], provided that such
improvements shall not sause pemanent disruptioa or alteration
to the surface of . . . [Traot K],"
'No noxious or offensive aotivity shall be carried on nor shall
anything be doue or permitted which shall constitute a public
nuisanss in Glen Lyon."
"No trees of a diameter of four (4) inches or greater shall be cut
down or removed in Glen Lyon except with the prior unitten
approval of the Design Review Board."
"ThE conditions, restrictions, stipulations, agreements and
covenants contained herein shall not be waived, abaadoned,
termination, or amended except by written consent of the owncrs
@ oos
a
07/05/04 14:28 FAX 3032958261 EOLLAI{D & EART
Hor,lRND & HARTr"r"p
AMORNEYS AT TAW
@ ool
Mr. George Ruther
July 6,2004
Page 3
of7SVo ofthe surface area ofthe privately-owned land included
witlin the boundaries of Glen Lyon" (emphasis added)
r ,oHikers, pcdestrians, Sklers and bicyoles are exp_re_ssly permitted
to tavel [on Tract K] provided the surface - ' ' [is] not
unreasonably damaged by said activities."
For the past 25 years, Glen Lyon homeowncts have purchased their
properties in rC|ianoa upon the Protective Covenants, as executed and filed by
ihe Town. These owneis have a reasonable expeotation that they will enjoy the
"natural condition Of the vegetatio!," and "the aestfietic value of the natural
environmental quality" of Tract K. They further have invested in Glen Lyon
knowing that aciivitits or development like the Proposal will not_occur on Trast
K without the written consent of 75% of their surface'owning neighbors.
SKIING IS COMSTSTENT WITE THE PROTECTIVE COVBN.C.NTS
The Glen Lyon owners support vail's proposerl nmendments to utilize
Tract K for ..skiways, catwalks, tiiits, and related improvements-" Indeed,
these aotivities are not really "nmendments," aS they already occur on Tract K'
Moleover, these uses are expressly uermitted by tle Proteotive Covenants,
whioh staie: "[h]ikers, pedeistrianr, iki".s and bicycles are expressly permitted
to travel 1on fiact K] piovided ttre surface , . . [is] not unteasorrably damaged
by said activities." iliese activities do not destroy or dumage the natural
oondition or aesttretic value of Tract K, and therefore fit naturally into the
historical and permitted uso on the land.
SxowC^lTs, RoADs, A-I*ID Bnmcps Vror,ern Tm CovBNANTs
By oontrast, Vail's proposed snowcat ascessway' "roads, bridges,
retaining walls and related i-mprovements," @ violato the Protective Covenaats,
which eipressly prohibit activities that "defaoc'r o1 "altet" the nattrral oondifiou
or the aeJthetic value of Tract K, as wcll as any development that may oocause
permanent disruption Or alteration to thE surfaCe." Moreovel, "[n]o noxious or
iffensive aotivity" may occlu on Traot K, and oo "trees of a diameter of four
(4) inches or greater" may be sut without prior written approval of the Design
Review Board. By any interpretation, the Town's Protoctive covenants
manilate serenity, preservatign of tle natural and aasthetic euvironment, and
lowimpaot usage on Tract K, not ttroadso" "bridges," and transit of heavy
maohinery, such as snowcats.
07/08/04 14:26 FeX. 30S295e261 EOLI"{ND & EART
HortaND & HARTr-rp
ATTORNEYS AT LAW
l4 005
Mr. George Ruther
July 5, 2004
Page 4
Against this legal backdrop, it is surprising that the Proposal nowhere
addressei the Protectiie Covenants. The Proposal simply cannot occur without
.meoa-"ot of the Proteotive Cqvenants. Insicad, Vail's-approach would aPPear
to uu to goad the Town into violating its own contractual comrnitments uudcr
the Protective Covenants. Howeyer' as a signatory of the Protective Covenaats'
the Towu does not have tj'e luxury of such a cavalier approaoh- Town
endorsement of the Proposal, either at the planniDg or aPProval-stage' would
violate the proteotive Ciovenaats, which w-rc implemented bglb-Ies4q for the
purpose of preveuting such projects. A violation of t'he Covenants' partioularly
;il*;; J, i"i""i-i"-""f oni, would subject the Town to economic and perhaps
other damages.
At a minimum, Vail should be required to explain in the Proposal how it
propor"a to
^aar"r,
the Protective covenants. Instead, Vail's stated purpose "is
io *rrrct and clarify existiug and allowable uses within Ttact K." However,
Vail has no power to "correol," "olarify," or otherwise define the "allowable
uses,, on Trict K-" Vail iloes not own Tract K or, to the Glen Lyon Owners'
knowledge, have any right to use the surfaoe ofTract K, other than for skiors'
The Towi similarly-tras'no right to "oorrect" or "cla.rify" any usos on Tract K'
The Tovn already nrade that iecision in 1978 in the Proteotive Covenants' By
approving the Proposal without amending the Proteotive Covenants' the Town'
;rt"g thiough the Commissiorr, would violate the very covenants it put iuto
pi"".] IndeJd, Vail aoknowledged this fact in a 1996 letter to Glen Lvon
ownels. fu Attaohment 1'
Tsn PnorosAl LACKS COMpATIBILITY, sUNSlrrvlrYo AND A
WONX.q.NLE RELATIONSUIP WITU TUP S'UNNOIINDING ANTE
Even assuming the Protective Covenants did not oxist' it would make no
difference beoauso th-e Proposal fails to satisfy applioable Town code
requirements. See Town Code $ I2-9A-8'
For amendments to special development districts, it is ..the burden of the
applicant to demsnstrate that submittal material and the proposed development
pii" "o*pty with each of the [design review criteria], or demonstrate that oue
or rnore of them is not applic"-bl", ot that a praotical solution _consistent with
the publio interest has blin achieved." Town Code $ 12-9A-8' Two
fundamental design reviev/ criteria are "compatibility" and "relationship'"
Town Code $ 12-9A-8 (A), (B)'
07/08/04 14:27 FAX 3032958281 EOLLAND & EART t4 006
Hor.rnND & HART'r.p
ATTORNEYS AT LAW
Mr. Gcorge Ruther
July 6,2004
Page 5
In this case, the Proposal fails to satisfy these requirements. With regard
to .,compatibility,,' it is clear that vail gavc little thought to the Proposal's
impact on adjacent landowners, including the Glen Lyon Owners. In particular,
Vail's froposal offers no meaningful disoussion conoerning operation details
for the Snowcat ascessway, st1gctures, lighting, noiSe, traffic and volume, etc,
It Iikewise is impossible to gauge from the Proposal the visual or noise impacts
of thc snowcat accesswaS roads, bridges, retaining walls, snowmaking
facilities, and the "related improvomonts." what related improvements?
where will they bc placed, what will they look like? what will they sound like
and how much iight will they emit? If any of the proposed aotivitios ooour at
night, the noise and light from sDowcats could destroy the serenity enjoyed by
adjacent homeowners. The Proposal likewise provides no details concerning
usage by other tlpes of machinery, such as snowmobiles. Summet, spring, and
fall usage also is not addressed.
By all appearanccs, the Proposal aPPcaIs to be grossly incompatible and
insensitive to thl immediato cnvironment. Indeed, it creates a thoroughfare for
heavy industrial maohinery across a "Dedicatcd Opon Space" whose "aesthetis
value" and ..natural environmental guality" may not be "deface[d], alterfed],
destroy[ed] or damage[d]." This is ttre antithesis of 'ocompatibility" and
"scnsitivity."
Vail's ,,Relationship" discussion is likewise lacking. vail's claim that
the "limited uses . . . are consistent with [thc] 'open space dedication'
designation" is preposterous, Once again, it is unclear how a snowcat
a"""ssway could be "consistent" with "open space dedication," The Ptoposal
runs directly counter to the Town's Protective Covenants, which prohibit arry
..act by afly peIson or persons, which, in thc judgment of any prgpertv owner . .
. may deface, alter, destroy or damage ttre natural oondition of the vegetation or
the aesthetio value of tbe natural environmental quality of [Tract K]" (emFhasis
added). Each of the Glen Lyon Owners qualifies as a "ProPerty ownc!" under
the Coveuants and it is their judgment that the proposed snowcat aeocsswoy
will deface, alter, dcstroy or damage the nattrral condition of the vegetation or
ths aesthetic value of the natural environmental quality of Trast K'
Finally, even if the snowcat accessway somehow satisfied t'he Town
Code criteria, Vail appears to have designed the snowcat acoessway to
maximize. rather than minimizc, its impaotbn Tract K and the Glen Lyon
Owners. See Vail's Froposal (Attachmeut: Development Plan). As the
Qsnrrni55lsi c:ul see, the snowcat access\ryay outS direotly through the ceuter of
Tract K aad comes within approximately 5 00 feet of the property of one of the
07/08/04 14:27 FAX 3032958281 EOLLAI,ID & EART
HotreuD & HARTr'p
ATTORNEYS AT LAW
Mr. George Ruther
July 5,2004
Page 6
Glen Lyon Owners, notwithstanding various proposed alternative routes that
would minimizc the impact on Tract K. See Attachment 2. Although these
alternatives might cost Vail more to construct, they would minimize ths imFact
ou Track K and movo the SnOwcat access\ryay the maximum distance away from
the Glen Lyon Owners. Tte Proposal fails to disclose tlese altematives, let
along substantivcly discuss thom-
Tnp Fonnsr RoAD Srtuartox Dons Nor SurpoRT APFRovTNG A
f,'UNDAMENTAL AiUENDMENT IX VTOT,ATTON OF TFE PR.OTECTTVE
Covpxattts Aro Toww Coun
Vail's primary justification for relocating the snowcat accessway outo
"dedicated open spacet'iS Forest Road, the current snowcat aooess rOUte. ThiS
justification, however, is iusufficient as well. As a threshold rnatter, Vail
provides insufficient data or information concerning Forest Road to justify
relocating the snowsat ascessway into dedicated open space. Although the
Glen Lyon Owners aoknowledge that the Forest Road situation may be
problomatic, it is unclear based upon Vail's Proposal whether Forest Road's
situation justifies a major shift in decades-old land use policy by creating a
major a.mendment to the development distriot and relocating the snowoat
aooossway onto Tract K.
Second, even if the Forest Road situation did justify ttre Proposal, the
language and spirit of the Town Code would mandate that Vail minimize, rather
than ma;rimize, its impact on Tract K and the Glen Lyon Owncrs, as noted
above.
Finally, the Forest Road situation, although problematic, still does not
ohange the fact that the Proposal, in its current stato, fails to satisfy tle
applicable standards, i.e., "oompatibility" and "relationship-" Town Code $ 12-
9A-E (A), (B). The fact that a problem exists in au area outside of the proposed
amendment does not suppofi a major change to Track K that is radioally
different from - indeed, diametrically opposed to - its historioal und ourrent
usaget wbioh is the only use to which it can be put under the Proteotive
Covenants filed by the Town and justifiably relied upon by Subdivision owuers,
CONCLUSION
We urge the Commissiou to deny the Proposal as submitted because it
cannot be reconciled with the Protectivo Covenants filed by the Town in 1978.
@ooz
07 !g!J!_ujz8_g[ J oit z c 5 u z o r UULI.AI{U & !AI(I rgl uuo
HomaxD & HAnTr'r
ATTORNBYS AT LAW
Mr. George Ruther
July 6,2004
Page 7
Nor does it satisfy tle applicable design oiteria as set forth in the Town Code.
The Proposal pits two inoompatible uses against onc another: a snowcat
accessway running through "dedicated opcn space," tbe 'aesttretic value" and
"nahual enviro'-ental quality" for which are legally protected by the
Protective Covenants. Auy tlecision the contrary will undErmine tle intcgrity
of the amcnd-etrt prgaess and violate the Covenants that the Town put in place
25 years ago to prohibit acacfly the type of project Vail now proposes.
GEG:krb
3Zsl17o_z.Doc
Attachment. F
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE lS HEREBY GIVEN that the Planning and Environmental Commisstn ot the Town of
Vail will hold a public hearing in accordance with Section 12-3-6, Vail Town Code, on July 12,
2004, at 2:00 PM in the Town of Vail Municipal Building, in consideration of:
A recommendation to the Vail Town Council of a major amendment to a Special Development
District (SDD), pursuant to Section 12-94-10, Amendment Procedures, Vail Town Code, to allow
for an amendment to Special Development District No.4, Cascade Village, to allow for a new
development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard
thereto.
Applicant Vail Resorts, represented by Braun Associates, lnc.
Planner: Bill Gibson
A request for a floodplain modification, pursuant to Chapter 14-6, Grading Standards, Vail Town
Code, to allow for stream bank stabilization within the Mill Creek floodplain, Iocated at Tract E,
Vail Village Filing 5 (near Pirate Ship Park), and setting for details in regard thereto.
Applicant: Town of Vail
Planner: ElisabethEckel
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 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
(97O) 479-2356, Telephone for the Hearing lmpaired, for information.
Published June 25, 2004, in the Vail Daily.
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PEC Number: PEC050041
T0lu\,m
Project Name: SNOWCATACCESS
Project Description:
RETAINING WALL HEIGHT VARIANCE
Participants:
OWNER TOWN OF VAIL
gO RNANCE DEPT
75 S FRONTAGE RD
VAIL
co 816s7
APPUCANT VAIL RESORTS DEVELOPMENT INC05/122005 Phone: 970-845-2547
P.O. BOX 959
AVON
co 81620
License: C000001533
ProjectAddress: 890 S FRONTAGE RD WESTVAIL Locauonl
TMCT K, GLEN LYON
Legal Description: Lot: K Block: Subdivision: GLEN LYON SUB.
Parcel Number: 2103-121-0900-2
Comments: VIELE RECUSED
Planning and Environmental Commission
ACTION FORM
Departrnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel| 970.479.2t39 fax| 970.479.2452
web: www.ci,vail.co,us
BOARD/STAFF ACTION
Motion By:
Second By:
Vote:
Conditions:
K]ESBO
BERNHARDT
6-0-1
Action: APPROVED
Date of Approval: 06/13/2005
Cond: 8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond: 300
PEC approval shall not be not become valid for 20 days following the date of
approval.
Cond: CON0007191
This variance request approval shall be contingent upon the applicant receiving Town
of Vail approval of the associated design review application and the Town Council's
final adoption of Ordinance No. 17, Series of 2004, amending Special Development
District #4, Cascade Village.
Cond: CON0007192
The applicant shall properly maintain the limits of disturbance fencing and erosion
control methods throughout the construction of this proposal. Any modification to ' '
the location or configuration of the limits of disturbance area shall require review
and approval by the Planning and Environmental Commission and the Design Review
Board.
Cond: CON0007193
Prior to the issuance of grading permits, the applicant shalh
A. enter into a lease or license agreement with the Town of Vail for the use of Town
property; and,
B. shall prepare a construction staging plan for review and approval by the Town of
Vaill and,
' C. shall survey and then install all limits of disturbance fencing and all erosion
control methods for review and approval by the Town of Vail.
Planner: Bill Gibson PEC Fee Paid: $250.00
Application for Review by the
Planning and Environmental Commission
Department of Community Developmenl
75 South Frontage Road, Vail, Colo|ado 81657
tel: 970.479.21 39 fax: 970.479.2452
web: www.vailgov.com
General lnformation:
All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a
building permit applicalion. Please refer to the submittal requirements for the particular approval that is requested.
An application for Planning and Environmental Commission review cannot be accepted until all required information
is received by the Community Development Department. The project may also need to be reviewed by the Town
Council and/or the Design Review Board.
Type of Application and Fee:
Rezoning $1300
Major Subdivision $1500
Minor Subdivision $650
AemDtion Plat $650
MinorAmendment to an SDD $1000
New Special Development District $6000
Major Amendrnent to an SDD $6000
Major Amendment to an SDD $1250
ho erterior modifia$ons)
TO -m
Zoning: aftl *9
Name(s) of Owner(s): -tt,-,. '{ U-'J
Parcel No.: 2lA) 12 t O q O-9!(contact Eagle co. Assessor at 970-328-8640 for parcel no.)
Phone: q1a Zt ao
Nameof Applicant: U^--! (as.-"+r ,.6i^r I E;{t tco,a'^.afy
Mailing Address:
E-mail Address:Fax
i T0ltr-.nr., ^.-.' '-:1-'ti'ucV.
I
8I
B
€
\
. Conditional Use Permit. FloodDlainModification. Minor Exterior Alteration. Major Exterior Alteration. Developmenl Plan. Amendment to a Development Plan. Zoning Code Arnendment. Variance. Sign Variance
$650
$400
$650
$800
$1500ffi
$500
$200
Physical Address:
-t
l
l
' "' L-a
)
n of the Request:
Location of the Proposat: Lot: I Block:
gl<r t 7
Page 1 of 604/01104
Ion 12l"tsz{
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TOWNOFVAII. @IJORADO Sta&m.nt
+afaiifaaaaall*aa*alf**aaafaaaataaaaaaaaaaaal*ataa*a**aaaaaaattaat*a*+*ra**aataaaaa*aaa*aaaa
statement lhrnber: RosooooSog ArcuDt: E25o.oo o5/L7/2oo5L0:45 Aril
Pa)rmenC liletbod: Check .Init: iI8
I{otatioD: 402s/BRAITN
ASSOC
PermLt l[o: PBCOsOO41 T14rc: PEC - Arn€nd to i]ev PIan
Parcel No: 2101-072-1600-1Site AddreaE: 846 FOREST RD \'AILIocation: 890 I ERdiITAGiE RD W
Total FeeE: 9250.00. Ihis gayneDt: $250.00 Total AII, IhcE: $25o.ooBalancc: S0. oo
aaalt**t*ttffa*a+*ataaaaaaaaaaaaaaaaaaaata+aaaaaaaa+aa*aaat+ftftfftftttt+ttaafaafat+ftt+fffa
A@OUNTITEMLIST:
Aecount Code Descriptiod Current Pmts
PV OO1OOOO31125OO PEC APPIJICATTON FEBS 2s0.00
Amendment to Wall Height Variance/Tract K Snowcat Access Road
Adjacent Property Owners List
May,2005
l
TOWNOFVAIL
75 SOUTH FRONTAGE ROAD
VAIL, CO 81657
1
ADAM,NANCY SHAPIRO
49758 PRESERVE
GREENWOOD VILLAGE, CO 80124
I
SMITH,ruSTINEH.
43 SOUTH SHORE CT
HILTONHEAD ISLANID, SC 29928
l
G. LOVENLLC
934 S FRONTAGE RD
VAIL, CO 81657
l
VAIL CORP
PO BOX 7
VAIL, CO 81658
l
WESTIIAVENREALTY LLC
II27 LAKE AVE
GREENWICH. CT 06831
I
GLEN LYON OFFICE BUILDING
C/O ANDREWD. NORRIS
IOOO S FRONTAGE RD W STE 2OO
VAIL, CO 81657
1
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
24747 U. S. HTGHWAY 24
MINTURN, CO 81645
l
nqc,$,,".."
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning and Environmental Commission
Community Development Department
il.
June 13,2005
A request for final review of a variance from Chapter 14-6, Grading
Standards, Vail Town Code, pursuant to Chapter 12-17, Yariances, Vail
Town Code, to allow for retaining walls in excess of six (6) feet in height,
located at Tract K, Glen Lyon Subdivision and Unplatted Parcels, a more
complete metes and bounds description is available at the Community
Development Department and setting forth details in regard thereto.
Applicant: Vail Resorts Development, represented by Braun Associates
Planner: Bill Gibson
SUMMARY
The applicant, Vail Resort Development, is requesting a variance from Chapter
'f 4-6, Grading Standards, Vail Town Code, pursuant to Chapter 12-17,
Variances, Vail Town Code, to allow for retaining walls in excess of six (6) feet in
height, located at Tract K, Glen Lyon Subdivision and Unplatted Parcels to
facilitate the construction of a new snowcat access road generally located south
of the Eagle River Water and Sanitation District (ERWSD) and Vail Amoco sites
(846 West Forest Road and 934 South Frontage Road) to the Westin-Ho
trail/catwalk.
On March 8, 2004, the Planning and Environmental Commission approved a
similar retaining wall height variance request for the proposed snowcat access
route. Since that date, the applicant has redesigned the alignment of the
proposed snowcat access route. The applicant is therefore requesting a new
retaining wall height variance to facilitate the construction of this redesigned
alignment and its associated retaining walls.
Based upon Staffs review of the criteria in Section Vlll of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends approval, with conditions, of a variance to allow the construction
of retaining walls in excess of six (6) feet in height subject to the findings and
conditions noted in Section lX of this memorandum.
DESCRIPTION OF REQUEST
The applicant is currently proposing to construct a snowcat access road
generally located south of the ERWSD and Vail Amoco sites (846 West Forest
Road and 934 South Frontage Road). This proposal will facilitate the re-routing of
Vail Resorts' winter mountain maintenance traffic from West Forest Road to this
new access road. This access route will start from the western driveway of the
Vail Resorts maintenance facility, cross South Frontage Road and continue south
ilt.
along the western ERWSD property line, bridge across Gore Creek, continue
southwest across Town of Vail owned Tract K, and connect to the Westin-Ho
trail/catwalk.
The proposal was originally reviewed and approved by the Planning and
Environmental Commission on March 8, 2O04; however, the applicant is
requesting approval of a revised alignment for the proposed snowcat access
route. The upper most portion of the route has been redesigned to include a
switch-back that will relocate the intersection of the snowcat access road and the
Westin-Ho trail/catwalk approximately 170 feet to the east of its previously
approved location.
The proposed access road will be a 2S-foot wide gravel road surface. Due to the
steepness of slopes on Tract K, the proposed access road will have finished
grades as steep as 19.32% and will require the construction of both cut and fill
retaining walls. The applicant is proposing to construct both the cut and fill
retaining walls with a Keystone Retaining Wall System. At their tallest points, the
redesigned cut walls will still be approximately 14 feet in height and the fill walls
will increase in height from the previously approved 12feet to 15 feet. These
proposed retaining wall heights exceed the 6-foot height maximum allowed by
Chapter 14-6, Vail Town Code. This redesign route alignment will create more
site disturbance than the previously approved design.
A vicinity map (Attachment A), the applicant's statement of request (Attachment
B), and architectural plans (Attachment C) have been attached for reference.
The attached plan sheet labeled "Forest Road Snowcat Bypass, Snowcat
Alignment Alternatives, Option 8, Revised 3123105" illustrates both the previously
approved route alignment and the redesigned route alignment.
BACKGROUND
On July 15,2003, the Vail Town Council granted Vail Resorts permission to
proceed through the Town's development review process for the proposed
snowcat access route across Town of Vail owned property.
On December 8, 2003, the Planning and Environmental Commission approved a
Vail Resorts'application for the Forest Place Subdivision located at 615 West
Forest Road. A condition of this approval was that Vail Resorts discontinue the
use of West Forest Road for snowcat access between its maintenance facilities
located along South Frontage Road and the ski mountain.
On March 8,2004, the Planning and Environmental Commission approved, with
conditions, a similar retaining wall height variance request for the proposed
snowcat access road.
On March 17,2004, the Design Review Board directed staff to approve the
design review application associated with the proposed snowcat access route.
On July 12, 2004, the Planning and Environmental Commission reviewed a
request for an amendment to Special Development District (SDD) #4, Cascade
Village, to create a new "development area" for Tract K (i.e. location of the
tv.
proposed snowcat access route). The purpose of this request was to address
ambiguities in the existing SDD #4 regulations to facilitate the construction of the
snowcat access route. The Planning and Environmental Commission forwarded
a iecommendation of approval to the Town Council.
On August 4, 2004, the Town Council approved the first reading of the ordinance
for the proposed amendments to SDD #4, with the condition that the applicant,
Vail Resorts, resolve any outstanding legal issues related to the private
Protective Covenants of Glen Lyon Subdivision prior to the second reading of the
ordinance. The applicant is now representing that all private protective covenant
issues have been resolved; therefore, the second reading of this ordinance has
been scheduled for Town Council consideration on June 21 .2005.
While addressing these private covenant legal issues, Vail Resorts, in
cooperation with neighboring property owners, has redesigned the alignment of
the proposed snowcat access route. Therefore, the applicant has submitted a
new retaining wall height variance request to facilitate the construction of this
new alignment design.
ROLES OF REVIEWING BODIES
Order of Review: Generally, variance applications will be reviewed by the
Planning and Environmental Commission, and then any accompanying design
review application will be reviewed by the Design Review Board.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for final approval,
approval with modifications, or denial of a variance application, in accordance
with Chapter 12-17,Yariances, Vail Town Code.
Design Review Board:
The Design Review Board has no review authority over a variance application.
However, the Design Review Board is responsible for the final approval, approval
with modifications, or denial of any accompanying design review application.
Town Council:
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
Staff:
The Town Staff facilitates the application review process. Staff reviews the
submitted application materials for completeness and general compliance with
the appropriate requirements of the Town Code. Staff also provides the Planning
and Environmental Commission a memorandum containing a description and
background of the application; an evaluation of the application in regard to the
criteria and findings outlined by the Town Code; and a recommendation of
approval, approval with modifications, or denial.
v.APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code are relevant to
the review of this proposal:
TITLE 12: ZONING REGULATIONS
Chapter 1 2-1 7: Variances
12-17-1: Purpose:
A. Reasons For Seeking Variance: In order to prevent or fo /essen such practical
difficulties and unnecessary physical hardshrps inconsisfenf with the objectives of
this title as would result from strict or literal interpretation and enforcement,
variances from certain regulations may be granted. A practical difficulty or
unnecessary physical hardship may result from the size, shape, or dimensions of
a site or the location of existing strucfures thereon; from topographic or physical
conditions on the site or in the immediate vicinity; or from other physical
limitations, street locations or conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation
shall not be a reason for granting a variance.
TITLE 14: DEVELOPMENT STANDARDS HANDBOOK
Chapter 14-6: Grading
Location or Type Maximum Height Additional Review
or Approval
P.E- Stamp
Required
Regular Walls
(Detail 10)
0-4'Staff Review or DRB No
4'-6'Staff Review or DRB Yes
Bench of combination walls
(Detail 10)
4' or % the difference of
exposed heisht
Staff Review or DRB Yes
Right-of-Way 0-3'Staff Review or DRB No
3'-6'Staff Review or DRB Yes
6'+Staff Review or DRB
PEC
Yes
Setback (10' from paved surface
and 2'from adiacent DroDefty lines)
NA Staff Review or DRB
PEC
Yes
ln Front Setback 0-3'Staff Review or DRB No
On s/opes greater than 30% and
related to access
3',-6',Statf Review or DRB Yes
vt.SITE ANALYSIS
Legal Description:
Zoning:
Lot K, Glen Lyon Subdivision
SDD #4, Cascade Village
Land Use Plan Designation; Open Space
Current Land Use: Undeveloped
VII. SURROUNDING LAND USES AND ZONING
Land Use Zoninq
North: Gore Creek Natural Area Preservation
South: US Forest Service Eagle County
East: Undevelooed Natural Area Preservation & Outdoor Recreation
West: Residential Two-Family Primary/Secondary Residential
VIII. CRITERIA AND FINDINGS
The review criteria for a request of this nature are established by Chapter 12-16,
Vail Town Code.
Consideration of Factors Reoardinq Variances:
The relationship of the requested variance to other existing or
potential uses and structures in the vicinity.
Staff does not believe the granting of this variance will have
significant negative impacts to existing or potential uses and
structures in the vicinity. Similar retaining walls have previously
been constructed in association with other access projects such
as the nearby pedestrian and skier bridges. Due to the steepnessof this site, the proposed additional retaining wall height
associated with thls snowcat access road design will reduce the
amount of site disturbance to the hillside when compared to
designs using tiered walls in strict compliance with the wall height
requirements.
Furthermore, the ERWSD has granted formal easements for
permanent access across its property between Vail Resort's
maintenance facilities and the proposed snowcat access road.
Additionally, Tract K is identified as "TOV Owned Lands/Open
Space Use" by the Town of Vail Comprehensive Open Lands Plan
and no future development of the site is anticipated.
The degree to which relief from the strict and literal
interpretation and enforcement of a specified regulation is
necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the
objectives of this title without a grant of special privilege.
Staff believes this proposed variance request involves "exceptions
or extraordinary circumstances or conditions applicable to the
same sife of the variance that do not apply generally to other
properties in the same zone' as this proposal is associated with
the construction of an access road to the ski mountain and not the
construction of a residential or commercial development project.
Pursuant to Chapter 14-6, Vail Town Code, the proposed retaining
walls may not exceed six feet (6') in height unless the proposed
walls are located within a street right-of-way. Within a street right-
of-way, retaining wall heights may exceed six feet (6') in height
without a variance. Examples of retaining walls greater than six
feet (6') in height can be found throughout the Town of Vail's right-
of-ways. The proposed snowcat access road will be located on
Town of Vail owned property; however, it will not be located within
a designated street right-of-way, and will therefore require a
retaining wall height variance.
1.
2.
?
The applicant has explored design alternatives with retaining walls
not exceeding six feet (6') in height. The applicant has
demonstrated that due to the steepness of Tract K, in some
locations along the snowcat access road a series of tiered six foot
walls may be feasible; however, the use of a series of walls
creates significantly more disturbance to the existing hillside than
a single cut and fill wall. The applicant has also demonstrated that
in some locations along the snowcat access route, six foot (6')
tiered retaining walls may require terracing the entire hillside to
"catch grade." Therefore, Staff believes the proposed additional
retaining wall height associated with this snowcat access road
design will reduce the amount of necessary site disturbance when
compared to designs using tiered walls in strict compliance with
the wall height requirements.
The effect of the requested variance on light and air,
distribution of population, transportation and traffic facilities,
public facilities and utilities, and public safety.
Staff believes the proposed retaining wall height variance will not
have a significant negative impact on the light and air, distribution
of population, public facilities and utilities. Staff believes that the
proposed re-routing of Vail Resorts' snowcat access will have a
positive affect on transportation, traffic facilities, and public safety;
since Vail Resort's maintenance vehicle traffic will be no longer
occur on a public street (i.e. West Forest Road) through a
residential neighborhood.
Such other factors and criteria as the commission deems
applicable to the proposed variance.
On March 8, 2004, the Planning and Environmental Commission
approved a similar variance request for the proposed snowcat
access route. The applicant, in cooperation with the neighboring
property owners, has since redesigned the alignment of this route;
and is therefore requesting a new retaining wall height variance.
The Planninq and Environmental Commission shall make the followinq
findinqs before orantinq a variance:
1. That the granting of the variance will not constitute a grant of
special privilege inconsistent with the limitations on other
properties classified in the same district.
2. That the granting of the variance will not be detrimental to the
public health, safety or welfare, or materially injurious to properties
or improvements in the vicinitv.
3. That the variance is warranted for one or more of the followino
reasons:
4.
B.
a. The strict literal interpretation or enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the
objectives of this title.b. There are exceptions or extraordinary circumstances or
conditions applicable to the same site of the variance that
do not apply generally to other properties in the same
zone.c. The strict interpretation or enforcement of the specified
regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the sarne
district.
STAFF RECOMMENDATION
The Community Development Department recommends approval, with
conditions, of a variance from Chapter 14-6, Grading Standards, Vail Town
Code, pursuant to Chapter 12-17, Variances, Vail Town Code, to allow for
retaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon
Subdivision and Unplatted Parcels. This recommendation is based upon the
review of the criteria in Section Vlll of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission pass the following motion:
The Planning and Environmental Commission approves, with conditions,
the applicant's reguesf for a variance from Chapter 14-6, Grading
Sfandards, Vail Town Code, pursuant to Chapter 12-17, Variances, Vail
Town Code, to allow for retaining walls in excess of six (6) feet in height,
located at Tract K, Glen Lyon Subdivision and Unplafted Parcels, and
sefting forth details in regard thereto, subject to the following conditions:
1. This variance request approval shall be contingent upon the applicant
receiving Town of Vail approval of the associated design review
application and the Town Council's final adoption of Ordinance No. 17,
Sen'es of 2004, amending Special Development District #4, Cascade
Village.
2. The applicant shall properly maintain the limits of disturbance fencing
and erosion control methods throughout the construction of this proposal.
Any modification to the location or configuration of the limits of
disturbance area shall require review and approval by the Planning and
Environmental Commission and the Deslgn Review Board.
3. Prior to the issuance of grading permits, the applicant shall:
A. enter into a lease or license agreement with the Town of Vail for
the use of Town property; and,
B. shall prepare a construction staging plan for review and approval
by the Town of Vail; and,
C. shall suruey and then install all limits of disturbance fencing and all
erosion control methods for review and approval by the Town of
Vail.
Should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the
Commission makes the following findings:
The Planning and Environmental Commission /?nds;
1. The granting of this variance will not constitute a granting of special
privilege inconsistent with the limitations on other propefties classified in
the same district.
2. The granting of this variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in
the vicinity.
3. Ihis variance is warranted for the following reasons.'
a. The strict literal interpretation or enforcement of the specified
regulation would result in practical difficulty or unnecessary physical
hardship inconsistent with the objectives of Title 12, Zoning
Regulations, Vail Town Code.
b. There are exceptions or ertraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally
to other properties in the same districL
c. The strict interpretation or enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of
other properties in the same district.
X. ATTACHMENTS
A. Vicinity Map
B. Applicant's Statement
C. Architectural Plans
D. Public Hearino Notice
Attachment A
t**p*StHN
LAND PLANNING & COMMUNITY DEVELOPMENT
May 16,2005
Bill Gibson
Town of Vail
75 South Frontage Road
Vail, CO 81657
RE:Amended Wall Height Variance Request
Tract K/Snowcat Access Road
Dear Bill:
As you know, over the past months Vail Resorts has been working with various neighbors in the
Glen Lyon Subdivisionregarding Tract K covenants and the proposed snowcat access road. A
result ofthese discussions there has been a minor change to the design ofthe access road.
Attached you will find an application to amend the wall height variance that was approved last
year. Material provided includes:
. Written description of variance (below)
. Revised civil plans prepared by Alpine Engineering
' Revised Iandscape plan prepared by Terrasan. Application form. Adjacent ProPerty owners list and envelopes. Filing fee for amended development plan
Description of Amendment
Ourinjdiscussions with the neighborhood a desire was expressed for the new access road to
"o*""1 to the westin Ho as far to the east as possible. Existing topography presents a
significant constraint in terms of how the new access road can be designed' In response to the
ne"ighborhood a number of alternative desigrs were considered' The proposed amendment adds
a siitchback at the upper portion of the road which moves the "intersection'of the new access
road and Westin Ho a few hundred feet to the east.
This re-design has changed the extent of retaining walls, including the portion of retaining wall
in excess otO' in height. As such this amendment to the previously approved variance to
retaining wall height is proposed'
By way of comparison, the following summarizes some key considerations relative to the
approved walls and the proposed walls:
Opal Building ' 225 Main Street ' SuiteG-2 ' Edwards.CO 81632
970-926-7575' 970-926'7576fax' www.braunassociates.com
Attachment B
. the overall amount of retaining wall has been reduced from 12,153 sq.ft. of wall to 9,776 sq.
n.. the manimum combined cut and fill retaining wall height has been reduced from 23.4 feet to
23.1feet.r the maximum fill wall height has increased from 1 I .3 feet to 15.2 feet, and. the maximum height of cut walls has remained unchanged.
As these design changes are all located at the uppermost portion of the road there will be very
little difference between the approved walls and the proposed walls as viewed from the valley
floor.
Below is the applicant's response to applicable variance criteria. Given the similarities between
the approved desiga and the proposed amendments, these responses very similar to what was
provided with our original application.
Variance Criteria
Written Statements
t A "written description of the nature of the variance requested and the specific
regulation(s) involved, including an explanation ofwhy the variance is required and
why the strict or literal interpretation of the specific regulation(s) would result in a
physical hardship or practical dfficulty."
Response
The specific regulation involved is found on page 19 of the Development
Standards Handbook which timits the height of retaining walls to 6'. The
retaining wall is needed in order to construct a new snowcat access road to Vail
Mountain. Proposed wall heights vary along the length of the cut and fill walls
and are depicted on the wall elevations plans that have been provided under
separate cover. Given the existing grades ofthe hillside surrounding the access
road, if maximum 6' high walls were used it would require three terraced walls on
the cut side (upper) of the accessway and two terraced walls on the fill side
(lower) of the accessway. This design would be much more impactive, both
physically and visually on the hillside and present a practical difficulty'
Review Criteria
Before acting on a variance application, the Planning and Environmental Commission
shall consider the following factors with respect to the requested variance:
a. The relationship ofthe requested variance to other existing or potential uses and
structures in the vicinity.
Applicant's Analvsis:
b.
Given the existing grades of the hillside surrounding the access road, if maxtmum
6' high walls were used it would require three tenaced walls on the cut side
(upper) of the accessway and two terraced walis on the fill side (lower) of the
accessway. This design would be much more impactive, both physically and
visually on the hillside.
The proposed amendment will move the intersection of the new road and the
Westin Ho a few hrurdred feet to the east. From the perspective of neighbors in
the Glen Lyon subdivision this will provide a more sensitive design solution and
an improved relationship with surrounding uses and structures.
The degree to which relief from the strict or literal interpretation and enforcement
of a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity, or to attain the objectives of this title
without grant of special privilege.
Applicant's Analvsis:
The existing grade of the hillside and the width of the proposed snowcat access
road are the two factors most directly influencing the height of the proposed
retaining walls. The width of the road has been minimized to the extent feasible
while still allowing for adequate drainage and safe passage. The design of the
walls has been done in order to balance the degree ofcut and fill slopes-
The effect ofthe requested variance on light and air, distribution ofpopulation,
transportation and traffic facilities, public facilities and utilities, and public safety.
Applicant's Analysis:
The proposed variance will have little, ifany, affect on any ofthe above criteria.
The wall variance will, however, allow for a land use (the new snowcat access)
that will improve public safety by removing snowcat traffic from West Forest
Road.
How the request complies with adopted Town of Vail planning policies and
development objectives.
Applicant's Analysis
The Town has identified a goal of removing snowcat access from West Forest
Road (i.e. Lionshead Master Plan). This new access road will result in the
removal of snowcats from West Forest Road.
d.
I look forward to working with you on this amendment. Let me know if there is any other
submittal information I can provide.
Thomas A. Braun, AICP
Cc: Bill Kennedy
Jack Hunn
Jav Peterson
,,.,1
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Attachment D
THIS ITEM MAY AFFECT YOUR PROPERW
PUBLIC NOTICE
NOTICE lS 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 rown
Code, on June 13, 2005, at 2:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a variance from Section 12€D-6, Setbacks, Vail Town
Code, pursuant to Chapter 12-17, Yanances, Vail Town Code, to allow for the
construction of a garage addition within the front setback, located at 2608 Arosa
Drive/Lot 2, Block D, Vail Ridge Subdivision, and sefting forth details in regard thereto.Applicant Brenda and Steve Herman, represented by Mauriello Planning Group,
LLCPlanner: Wanen Campbell
A request for a final reMew of a text amendment to Section 12-7 A-T , Height, Vail Town
Code, pursuant to Chapter 12-3, Amendments, to increase the height limitation for a
sloping roof from 48'to 56'in the Public Accommodation zone district, and setting forth
detaib in regard thereto.Applicant Mauriello Planning Group, LLCPlannen George Ruther
A request for a final review of a variance from Chapter 1zt-6, Grading Standards, Vail
Town Code, pursuant to, Chapter 12-17,Vartances, Vail Town Code, to allow for a
retaining wall in excess of 3 feet in height located in the front setback, located at 1837
Alpine Drive/Lot 49, Vail Mllage West Filing 1, and setting forth details in regard thereto.Applicant Seven Vails, Inc., represented by David FlinnPlannen Elisabeth Eckel
A request for a final review of a variance from Section 124G-7 , Height, Vail Town Code,
pursuant lo Chapter 12-17 , Yariances, Vail Town Code, to allow for a sloping roof which
exceeds 38' in height, located at 1040 VailMew Drive/Lot 82, Lions Ridge Filing 1, and
setting forth details in regard thereto.Applicant Snow Lion Condominium AssociationPlannen Matt Gennett
A request for final review of a variance from Chapter 14€, Grading Standards, Vail i. L
Town Code, pursuant to Chapter 12-17,Vanances, Vail Town Code, to allow for fn4*", ^rretaining walls in excess of six (6) feet in height, located at Tract K, Glen Lyon 6ll^Ll:"
Subdivision and Unplatted Parcels, a more complete metes and bounds description is - I " c_\&
available at the Community Development Department and setting forth details in regard W'-r''
thereto.
Applicant Vail Resorts, represented by Braun Associates, Inc.Planner: BillGibson
A request for final review of a text amendment to section 12-lH-12, Density (Dwelling
Units Per Acre), Vail rown code, pursuant to chapter 12-3, Amendments, Vail rown
-Oode,.to allow multiple attached accommodation units within a dwelling unit, and setting
forth details in regard thereto.Applicant Vail Resorts, represented by Braun Associates, Inc.Planner: George Ruther
A request for final review of a major exterior alteration, pursuant to Section 12-TH-7,Vail
Town Code, to allow for the construction of a temporary skier ticketing office and toaCing
and delivery facilities, Vail rown code, located at rracts c and D, Lionshead Filing 1,
and rracts G and H, Lionshead Filing 3, and setting forth details in regard thereto.Applicant Vail Resorts, represented by Braun Associates, Inc.Planner: George Ruther
A request for a final review of a minor amendment to Special Development District No.
38, Manor Vail Lodge, pursuant to Section 12-9A-10, Amendments, Vail Town Code, to
allow for the relocation of an elevator from the front to the rear of a building, and setting
forth details in regard thereto.Applicant Manor Vail Lodge, represented by Bob McClearyPlanner: Warren Camobell
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail rown code, to allow for an amendment to an
existing platted building envelope and an increase of plat-restricted site coverage,
located at 971 spraddle creek Road/Lot 8, spraddle creek subdivision, and setting
forth details in regard thereto.Applicant Franco D'Agostino, represented by Zehren & AssociatesPlannen Matt Gennett
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 lmpaired, for information.
Published May 27,2005, in the Vait Daity.
.t
Design Review Board
ACTION FORM
Deparbnent of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 970.479.2L39 fax: 970.479.2452
web: www.ci.vail.co.us
Project Name: SNOWOCTACCESS ROUTE DRB Number: DR8050249
Project Description:
CHANGE TO APPROVED pLANS (ROUTE RE-AUGNMEIf|-)
Participants:
owNER TOWN OF VArL 06lr0l200s
c/O RNANCE DEPT
75 S FROI.ITAGE RD
VAiL
co 81557
APPLICANT BRAUN ASSOqATES, INC 061t012005 Phone: 970-925-7575
225 MAIN STREET, SUITE G - OO2
EDWARDS
co 81632
License: C000001546
ProjectAddress: 890 S FRONTAGE RD WESTVAIL Locauon:
TMCr K GLEN LYON
Legal Description: Lot: K Block: Subdivision: GLEN LYON SUB.
Parcel Number: 2103-121-0900-2
Gomments:
TOI4'NM
BOARD/STAFF ACTION
Motion By: Action: SI'AFFAPR
Second By:Vote: Date ofApproval: 06/15/2005
Conditions:
Cond:8
(PLAN): No changes to these plans may be made without the written consent of Town of
Vail staff and/or the appropriate review committee(s).
Cond:0
(PLAN): DRB approval does not constitute a permit for building. Please consult with
Town of Vail Building personnel prior to construction activities.
Cond: 201
DRB approval shall not become valid for 20 days following the date of approval.
Cond:202
Approval of this project shall lapse and become void one (1) year following the date
of final approval, unless a building permit is issued and construction is commenced
and is diligently pursued toward completion.
Cond: CON0007202
At the time of building permit application, the applicant shall revise the plan to
provide additional erosion control measures. Channelization of run-off along the
silt fence shall be mitigated (i.e. check dams). A check dam shall be installed in
the upper drainage swale.
Cond: C0N0007203
At the time of building permit application, the applicant shall submit stamped
engineered wall details.
Cond: CON0007204
At the time of building permit submittal, the applicant shall submit a Public Way
Permit application, a construction staging plan, and a scheduling/traffic control
plan.
Cond: CON0007205
Prior to the issuance of a building permit, the applicant must demonstrate that an
access easement has been approved by the Town ofVail and recorded with the Eagle
County Clerk and Recorder.
Cond: CON0007206
Prior to the issuance of a building permit, the applicant must receive approval of a
Town of Vail Stormwater Quality Permit for any site disturbance greater than 1/2
acre, and a State of Colorado Stormwater Discharge Permit for any site disturbance
greater than one acre,
Planner: Bill Gibson DRB Fee Paid: 520.00
Application for Design Review
Department of Community Development
75 South Frontage Road, Vail, Colorado 81657
tel: 97 0.47 9.2139 tax:. 97 0.479.2452
web: www.vailoov.com
Genoral lnformation:
All projects requiring design review musl receive approval prior to submitting a building permit application. Please
refer to the submittal requiremenb for the particular approval that is requested. An application for Design Review
cannot be accepted until all required information is received by the Community Development Department. The
project may also need to be reviewed by the Town Council and/or the Planning and Environmental Commission.
Design review approval lapses unless a building permit is issued and construction commences within
one year of the approval.
,il
tion of the Request:
Location of the Proposal: Lot:_Block: .
Physical Address:illA
Parcef No.: 2,\ o>taf o
^o
03 (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.1
tl
J-)
f-
/IhItteal
oU
€ro
MailingAddress: 15 \a.rtl,. 6.,.\n* ?..^,L
{1qz\o o
:sD lft
Name(s) of Owner(s):{o-^ o\ rJ^."u
Owner(s) Signature
Name of Applicant:J r-I $.s,,r't+r
(s):
MaitingAddress: f.*f J,ri\.co gtog)-
Phone: XqS Z soo
E-mail Address:Fax:$^ sLssS
Type of Review and Fee:
. Signs
. Conceptual Review
. New Construction. Addition
. Minor Alteration
(multi-family/commercial)
. Minor Alteration
(single-family/duplex)
. Changes to Approved Plans
. Separation Request
cEn
No Fee
$650
$3oo
$250
$20
Plus $1-00 per square foot of total sign area.
For construction of a new building or demo/rebuild.
For an addition where square footage is added to any residential or
commercial building (includes 250 additions & interior conversions).
For minor changes to buildings and site improvements, sucft as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, etc.
For minor changes to buildings and site improvements, such as,
reroofing, painting, window additions, landscaping, fences and
retaining walls, elc.
$20 For revisions to plans already approved by Planning Staff or the
Design Review Board.
No Fee
For Office Use O;rly:
RAUN
ASSOCIATFS, INC.
LAND PTANNING & COMMUNITY DEVELOPMENT
June 8, 2005
Mr. Bill Gibson
Town Planner
Deparhnent of Community Development
Town of Vail
?5 Sorrth Frontege R.cad
Vail, CO 81657
RE: Amendment to DRB ApprovaVSnoCat Access Road
Dear Bill:
Enclosed you will frnd a DRB application form to amend the existing approval for the
snowcat access road. As you know, amendments involve the re-alignment of the very
upper portion of the road as it intersects with the Westin Ho skiway. This change has
resulted in modifications to the walls and landscape plan. There are no changes to wall
materials. The quantities of landscape materials have remained unchanged, only the
location oftrees has changed.
Thank you for your help with this project. Please do not hesitate to contact me with any
questions you may have.
Cc:Jav Peterson
Opal Building .
97 0-926-7 57 5
225 Main Street . SuiteG-2 . Edwards. CO 81632
. 970-926-7576fax . www.braunassociates.com
Thomas A. Braun
{r**{t**+i!t!t*****+|'+***+++*+flall+f+++r"}******at*+***+ttt**+**+'}**++***+*a*+t'***t*+****atf+aaf
TOWNOFVAIL, COLORADO Starement*****+'t'itt**a+**'i*a****+**+!t**l**+ta++tltflf++f+fit{'l'l'*l**a****ara+*a*a**'}t*****+******++*+*
StaLernent llumber: R050000790 Amount: 920.00 06/LO/2OOS08:54 AIrl
Palment Method: C'heck Init: iIS
Ilotation: 404I,/BRAIDI
ASSOC.
Permit No: DRBO5O249 T14te: DRB - Chg to Appr plans
Parcel No: 2103 -121-0900-2Site Address: 890 S FROIITAGE RD WEST VAIIJ
IJocation: 890 S FRONTAGB RD W
Total Feea: $20.00This Palment: $20.00 TotaL ALL PrntE: $20.00Balance: $0.00*+**t*f'!*a'*****a***'.'.'i**'l********a+taalr'i****'a*a't*a*a*a*+++*aa*tlta+ttt+t*tt'l'3'il*'t*l**+***a**
ACCOI,JNT ITEM IIST:
Account Code DeecriptLon Current pmta
DR 001000031L2200 DBSfeN RwIEW AEES 20.00
To: Bill Gibeon
From: Tom Kagsmcl
Date: June 146, 2005
Subject Snowcat Acooss
After reviewing the latest set of plans for the strowcat access , Public Worlc commcnts are as follows:
I. Additional crosion control measures should bc sbown on the plans. The configuration ofthe
silt fencc qdll chann€lize run-off, please provide mitigation (i.e. check dams). Providc check
dane in upper drainage swale as well.
2. Either a State Stormwater Discharge permit will be rcquired if disturbance is over I acre or a
Toum of Vail Stornwater Discharge Permit if distrubance is >0.5 acres.
3. A public way permit will be required along with, construction sraging, scheduling and trafiic
control plan-
4. Provide stamped engineered wall details.
5. Access easement shall be recorded if not alrcady prior to start of construction.
Should you have any questio l, feel free to give me acall,479-2235.
TILE. COPI
EA,SEMENTA,GREEMENT
-,I
- THIS EASEMENT AGREEMENT (this "Agreemenf'), is made as of Ae {! day of q4l'
( (u q r tt .2004, by and between TOWN OF VAIL, a municipal corporation duly organized
and ehisting under and by virtue of the laws of the State of Colorado, whose address is 75 S.
Frontage Roa4 Vail, Colorado 81657 (the "Town"), and Tm VAIL CORPORATION d/b/e
VAIL ASSOCIATES, INC., a Colorado corporation, whose address is c/o Vail Resorts
Development Company, P.O. Box 959, 137 Benchmark Roa4 Avon, Colorado 81620, Attention
Kursten Canad4 Esq. ('VAI").
WITNESSETH:
l. 9rrAn! of Egsement- For good and valuable consideration (including the cove,nants
and agreements hereinafter contained), the receipt of which is hercby acknowledged, the Town
does hereby grant and convey to VAI, its sus@ssors and assigns, with any after-acquirod title but
without wananty of title, perpetual easements, easement rights, and rights-of-way as follows
(collectively, the "Easements"):
(a) An easement on, over, under, above, through and across the premises
described on Exhibit A attached hereto (the "Bridge Premises') for installing, construbting,
maintaining, repairing, removing, replacing, changing, altering, adding to, operating using and
enjoying a bridge structure crossing Gore Crepk, together with abutnents, retaining walls, and
other facilities, fixturcs, equipment and improvements associated with or related or appurtenant
to such bridge structure (collectively the "Bridge Improvements');
O) An easement on, over, under, above, througb and across the Bridge
hemises (including, without limitation, the Bridge Improvements) and those adjacent premises
described on s'h!!j!p, attached hereto for installing, constructing, maintaining, repairing,
removing, replacing, changing, altering, adding to, operating using and enjoying water
transmission and other utility lines, vaults and tansformers, and other facilities, fixtures,
equipment and improvements associated with or related or appurtenant to any utilities, to be used
for snowmaking and related purposes or other purposes or functions associated with Ski
Mountain Operations (as hereinafter defined);
(c) An easement on, over, under, above, thrcugh and across the pronises
described on Exhibit C attached hereto for installing, constructing, maintaining, repairing,
removing replacing, changing, altering adding to, operating, using and enjoying (i) a water
intake strugture and related pipes, utility and other improvements, facilities, equipment and
fixtures, and (ii) storm drain prpes and related improvements, facilities, equipment and fixtures,
to b€ used in connection with snow-making or other purposes or functions associated with Ski
Mountain Operations (those improvements, facilities, equipment and fixtures at any time present
pursuant to the Easements granted under the foregoing provisions of this paragraph I are
sometimes referred to hereinafter collectively as the "Improvements'0, and the Bridge Premises
and those premises described on Exhibits B and C hereto are sometimes referred to hereinafter
collectively as the "Premises"); and
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(d) An easement and right to occupy and use, from time to time, as much of
the land adjoining the Premises and presently owned by the Town, regardless of any subsequent
transfers thereof(tho "Ancillary Premises"), as may be reasonably necessary or appropriate for
exercising or enjoying the Easements under the foregoing provisions ofthis paragraph l, and
specifically including, without limitation, rights of ingress and egress to and from the Premises.
The Easements shall inure to the benefit of and may be enjoyed by VAI, and its agents,
employees, customers, contrastors, licensees and invitees, as the same are designated by VAI as
beneficiaries from time to time (collectively with VAI, tlre "Permittees"). The Easements may
be used in connection with the operations of the downhill ski area and year-round mormtain
resort and recrcational facility commonly known as Vail Mountain, as those operations change,
expand and evolve from time to time (and which include and may include summertime and
wintertime recreational and entertainment pursuits, both ski-related and not ski-related), and for
related or other purposes associated with the business affairs of VAI or its affiliates (collectively
"Ski Mountain Operations").
2. Maintenance. VAI will bear sole responsibility for any maintenance or repair of
the Improvements and the Easements at VAI's sole cost and expense, and the Town will have no
liability or responsibility for any maintenance or repair of the Imprcvements or Easements
(unless the need for any maintenance or repain arises from any damage caused by the Town or
anyone acting by, through or under the Town, in which case the maintenance or repairs will b€
the responsibility of the Town to bear, and the Town's obligations rmder paragraph 5 below will
apply thereto).
3. No Conflicting Use. The Easements strall be non-exclusive; provided however,
that all lmprovements will be and constitute solely the property of VAI, and no other pary may
make any use of those Improvements without VAI's prior written consent, which may bc
withheld at VAI's election. In addition, the Town agrees that in any case it will not do or permit
to be done anything which is materially inconsistent with or materidly interferes with rhe use
and enjoyment of the Easements, including, without limitation, the consftuction or placement of
any improvements, facilities, landscaping or other objects that would physically interfere with
the use and enjoyment of the Easements. If any such interfering irnprovements, facilities,
landscaping or other objects arise, VAI at its election may nemove the sane without any resulting
liability to the Town or any other party, and the Town shall be obligated to reimbrnse VAI for
VAI's costs of removal. VAI at its election may at any time remove any Improvements from the
Premises and retain the sam€ as VAI's sole prop€rty.
4. Grants to Utility Sgppliers. The Easements shall encompass and include, without
limitation, the right of VAI to grant and establish further r*ility easements in favor of utility
suppliers over the applicable Premises upon such lerms as those utility supplicrs may prescribe.
5. Indemnitv. VAI shall indemnifu and defend the Town and hold the Town
harmless from and aginst any and all claims, causes of action" liabilities, damages or losses that
arise or are incuned by the Town as a result ofany personal injury or property damage caused by
any exercise of the Easements, any negligence or willful misconduct of VAI that occurs in
relation to any exercise of the Easements, or any brcach of VAI's obligations under this
Agre€tnent, together with any costs or expenses, including reasonable attomeys' fees, incurred
620021 3 ICFISH 07l2AX t:34 AM
lffillilil!fi u!il| l[!ll il|l!il llll llll llll fl'ffi
',",
by the Town in connection with any indemnified matter. Notwithstanding any implications to
the contrary under the foregorng provisions, however, the foregoing shall not be constnred to
waive or limit any requirements imposed upon the Town by law to mitigate its damages, and this
indemnity shall not apply to any matters arising from or caused by the negligence, willful
misconduct or breach of this Agreement or any legal duty of the Town (and to the fullest extent
pennitted by law, the Town will bear and/or reimburse VAI for any liabilities, damages, losses or
costs that VAI may suffer or incur in connection therewith, including reasonable attorneys' fees).
6. Duration of Easement.
(a) The tsrm of this Agrecment and flre Easements shall commence as of the
date first above written and shall be inevocable and perpeiual, subject however, to the
provisions of paragraph 6(b) below.
O) The vesting of each Easement in VAI will be subject to the condition
subsequent that such Easement not be subsequently abandoned by VAI. Any Easement shall be
regarded as abandoned only if VAI ceases the use and enjoyment of such Easement in all
respects for a continuous period ofat least five (5) years (and the Town will bear the btrden of
proving thar any such abandonment has occurred). Ifan abandonment ofany Easement arises,
the Town shall have a power of temrination and right of entry for condition broken" such that
upon the proper exercise tbereof in accordance with the following provisions, the applicable
Easement shall terminate, and the Town will then hold the applicable Premises free and clear of
the applicable Easement (the "Right of Enfiry). Any termination of the applicable Easement
shall not arise or occur automatically upon the occurrence of the abandonment thereof, and such
termination shall arise only if and when the Town affrmatively exercises the Right of Entry; no
exercise of the Right of Entry shall be effective unless and until the Town invokes and confirms
its exercise by writtar instrument to that effect executed by the Town, provides a copy of that
instnrment to VAI at its address as set forth at the beginning of this Agreement (such that the
instrument is actually received by VAI), and thereafter records the instnrment in the real property
records for Eagle County, Colorado (and the exercise ofthe Right ofEnty will also be subject to
applicable rcquirements of legal process). Each Easement will rsmain vested in VAI unless and
until the Right ofEntry is properly exercised for an abandonment thereof.
7. Easements in Gross. The Easements shall constitute easements in gross for the
benefit of VAI, and will inure to the benefit of VAI and its corporate successors and its assigns,
it being agreed that the Easements, or any of them, shall be freely assignable by VAI in whole or
part. Any purported assignment shall be effective only if embodied in an instrument to that
effect executed by VAI and recorded in the real property rccords for Eagle County, Colorado.
The permitte.d assignees of VAI may include, without limiation, any afrliates of VAt (with
"affiliates" to inchde any corporation or entity which by virtue of direct or indirect ownership
interests is connolled by, controls or is under common control with VAI). Any such assignment
may also be non-exclusive, and VAI may continue to hold the rights in and !o the Easements
jointly with one or morc record assignees. All refer€nces herein to "VAI' shall be deemsd to
include each and every assignee of the Easements hereunder. Conversely, the burdens of the
Easements shall touch and concern and run with the land as an encumbrance aeainst the
ownership of the Premises and Ancillarry Premises.
62m2t I IC?ISH 0?/t?/Oa E 5,t AM
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8. No Public Dedication. Nothing herein contained shall be deemed to be a grant or
dedication of any portion of the Premises or Ancillary Premises, or any interest therein
(including the Easements or the Improvements), to or for the general public or for any public
purposes whatsoever, it being the inlention of the parties hereto that the Easements and
Improvements and all the rights and inter€sts hereunder be held and maintained in all respecs
solely as private propeny interests in favor of VAI and its corporate srrccessors and assigns.
Without limitation on the generality of the foregoing, VAI may institute such measures from
time to time as VAI considers to be necessay or appropriate to preclude any access across the
Improvements by any members of the public or parties other than the Perrrittees.
9. Miscellaneous.
(a) The rights of either party hereunder may be enforced by any remedies
available at law or equity, including, without limitation, the recovery of darnages, and where
appropriate, injunctive or other equitable relief (but excluding, however, any termination of the
Easements or this Agreement).
(b) In the event any litigation or legal proceeding arises out of this Agreement
between the Town and VAI and is prosecuted to final judgment, the prevailing party shall be
entitled to recover from the other (and the presiding court will be bound to award) all of the
prevailing party's costs and expenses incurred in connection therewith, including reasonable
attomeys'fees.
(c) This Agreement shall be governed by and construed in accordance with
the laws of the State of Colorado.
(d) This Agreement may be executed in counterparts, each of which shall
constitute an original, and which together shall constitute one and the same agreement.
(e) This Agreement shall inure only to the benefit of the Town, and its
suocessors in interest in and to the Premises and Ancillary Premises, and to VAI and its
oorporate successors and assigns as provided herein, and the Permittees (provided that the
Permitteq other than VAI shall have any enforcement rights hereunder only as permitted and
authorized in writing by VAI). Nothing contained herein is intended to or shall confer any
benefits, rights or remedies upon any person or entity other than those enumerated in the
foregoing sentence. Those parties shall be vestcd solely witb the righ! powcr and authority to
enforce the terms of this Agreement and no other parties shall constitute or be construed as
third-party benefisiaries of this Agreement.
(f) This Agreement constitutes and represents the entire agrcement between
the parties hereto with respect to the subject matter hereo{, and all prior or extrinsic agreem€nts,
understandings or negotiations shall be deemed or merged herein. No purported modification of
the terms of this Agreement, or purported waiver by any party of any of its rights and interests
hereunder, shall be binding unless and except to the extent specifically set forth in a written
instrwnent executed by the party against whom enforcement of the purported modification or
waiver is sought. No modification or amendment to this Agreement shall have any force or
effect unless embodied in an amendatory or other agreement executed by the Town and VAI,
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with the Town's execution to be authorized by Town Council ordinance or resolution, as
applicable. However, if the Town Manager, after consultalion with the Direqtor of Public
Works, determines that any proposed amendment or modification constitutes a minor change,
then the Town Manager shall have the unilateral power and authority to execute and deliver such
amendrnent or modification on behalf of the Town and to bind the Town thereby.
(g) The Town acknowledges that VAI will expend substantial monres on the
lnrprovements pursuant to and in reliance upon the grant of the Eascrnents, and that such
expcnditures, and/or the other agreements of VAI contained hereful constitute adequat€
consideration for the grant ofthe Easements heteunder.
(h) If any term, covenant, condition or provision of this Agreement shall, at
any time or to any extent, be invalid or unenforceable, the remainder of this Agreement sball not
be affected thaeby, and the impair€d provision shall be deemed replaced by another provision
which is not subject to such impairment and whictr, as closely as possible, is the sasp in
substance and content as the impaired provision. It is the mutual intelrt of the parties that this
Agrcement and each provision hereof shall be enforceable and enforced to the firllest extent
permitted by law.
(i) The Exhibits prcviously referenced in this Agreement are all incorporated
herein and made a part hereof by this reference.
lBelence of pege intentionally left blrukl
62002t.3 LCFlSll 07/t?O18:J4 AM
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IN WTINESS WHEREOF, the Town and VAI have executed this Easement Agr€ement
effective as of the mont[ day and year first above written'
TOWN OF VAIL, a municipal corporation
duly organized and existing under and by
Town Manager
STATEOFCOLORADO )
) ss.
corrNTY oF EAGLE )
State of Colorado.
WITNESS mv hand and offrcial seal.
My commission expires:
[The Vail Corporation siguature on following pagel
Title:
P::'E
Sten ZeDler
,ll^.,.
The foregoing instument was acknowledged before me this t2' day ofA.h .200!Lbi ?ta,- zel.le* as 'Tlon lllanagctz of the Town of
firt, aSr;cricipal corporation duly organized and existing under and by i,irtue o!!ffp]r{.{re
6A{Xr2r.3 RCFISH 0?I20a ti54 AM
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TIIE VAIL CORPORATION, d/b/a VAIL
ASSOCIATES,a Colorado
Byr
Name:
Title:
^ The foregping i4sfiument was acknowledged beforc me this/hlq , zoo-4 av llA*11r+ a,(L,|",'n d .:?Nv u.re-
Corpoiation, d/b/a Vail Associates, Inc., a Colorado corporation.
WITNESS my hand and ollicial seal.
.l
My commission expires: Y - t> O 5
)
) ss.
)
STATE OF COLORADO
COIJNTYOFEAGLE 4 day of
of The Vail
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