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HomeMy WebLinkAboutPEC070058 (2)Click Here&Upgrade 4etd Vii £_ Expanded Features, f F Unlimited Pages 6/V`' _- F,mow-/// Complete TiQG(V t An* Planning and Environmental Commisson ACTION FORM 4 I Department of Community Development TOWNOF V . 75 South Frontage Road,Vail, Colorado 81657 f tel: 970.479.2139 fax: 970.479.2452 CONMNIre DEVELOM,SENT web: www.vailgov.com Project Name: Major Amend to SDD/no ext PEC Number: PEC070058 Project Description: Vail Cascade Residences- Major Amendment to SDD #4 to allow for an increase in dwelling units for Cascade Residences from 11 to 14 Participants: OWNER CASCADE VILLAGE THEATER INC 08/22/2007 PO BOX 1152 VAIL CO 81658 APPLICANT MAURIELLO PLANNING GROUP 08/22/2007 Phone: 970-748-0920 PO BOX 1127 AVON CO 81620 License: C000001770 Project Address: 1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DRIVE/Vail Cascade Subd Legal Description: Lot: Block: Subdivision: Cascade Village Parcel Number: 2103-121-1400-5 Comments: BOARD/STAFF ACTION Motion By: Pierce Action: APPROVED Second By: Kurz Vote: 6-0-0 Date of Approval: 09/24/2007 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: 300 PEC approval shall not be not become valid for 20 days following the date of approval. Cond: CON0009410 The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same. Planner: Scot Hunn PEC Fee Paid: $1,250.00 Special Development District (SDD) Application for Review by the tia46.. 110 Planning and Environmental Commission II INTOWN •'ligt Department of Community Development 75 South Frontage Road,Vail,Colorado 81657 tel: 970.479.2128 fax: 970.479.2452 web: www.vailgov.com lOGeneralInformation: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. 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 Conditional Use Permit 650 Major Subdivision 1500 Floodplain Modification 400 Minor Subdivision 650 Minor Exterior Alteration 650 Exemption Plat 650 Major Exterior Alteration 800 Minor Amendment to an SDD $1000 Development Plan 1500 New Special Development District $6000 Amendment to a Development Plan 250 Major Amendment to an SDD $6000 Zoning Code Amendment 1300 Major Amendment to an SDD $1250 Variance 500 no exterior modifications) Sign Variance 200 Description of the Request: Major amendment to SDD No. 4 to allow for an increase in dwelling units for the Cascade Residences (Area A) Current approval allows for 11 du, requesting approval for 14 du) Location of the Proposal: Lot:Block: Subdivision: Vail Cascade Subdivision Physical Address: 1310 Westhaven Drive Parcel No.: 210312114005 Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: Special Development District No. 4 Name(s)of Owner(s): Vail Cascade Residences LLC (c/o Steve Lindstrom) Mailing Address: Po BOX 1152 Vail, C9_.83. Phone: 970-476-3035 Owner(s)Signature(s): Name of Applicant: Mauriello Planning Group - Allison Kent Mailing Address: Po Box 1127 1 E © L1 t1n E Avon, CO 81620 Phone: 970-748-0920 allison@mpgvail.com 970-748-0377 AUG 2 1 2001 E-mail Address: Fax TOWN OF VAIL For Office s Only: Fee Paid:I,7d v Check No.: 1335— By:Q.',!1 0 ( w.fh(w. Meeting Date: !/ O7 PEC No.:OD Planner:Project No.: sr 104p—0/0 - F:\cdev\FORMS\Permits\Planning\PEC\SDD10-18-2006.doc Page 1 of 7 1/4/06 TOWN OF VAIL, COLORADO Statement Statement Number: R070001638 Amount: $1,250.00 08/22/200703 :23 PM Payment Method:Check Init: LT Notation: Mauriello PLanning Group / ck 1335 Permit No: PEC070058 Type: PEC -Maj SDD No Ext Chg Parcel No: 2103-121-1400-5 Site Address: 1310 WESTHAVEN DR VAIL Location: 1310 WESTHAVEN DRIVE / Vail Cascade Subd Total Fees:1,250. 00 This Payment: 1,250. 00 Total ALL Pmts:1,250.00 Balance: 0. 00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 1,250.00 American Land Title Association Commitment-Modified 3/78 COMMITMENT FOR TITLE INSURANCE ISSUED BY 1I ISTEWARTTITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. i l This Commitment shall be effective only when the identity of the proposed Insured and the amount of I' the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. 1 This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an authorized Countersignature. iii IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. h i I STEWART TITLE GUARANTY COMPANY rj c Vtilrir tom ,, a 0'.*:`-.4.,, VI Chairman of the Boa_i VO4%* 411i4 Presidem. 9 W w 1908 r=d ount ersigned: rE1C0y,oI i orl r._ tcr:,ntersj ne:.ure I S :' ART TITLE OF VAIL. INC. P.O.Box 20)1) i l Vail.Colorado 81658 970)926-0230 A_ent ID#060058 _. .. Order No. 05036440 SCHEDULE A Order Number: 05036440 1. Effective date: February 07, 2005 at 7 :45 A.M. 2. Policy or Policies to be issued: Amount of Insurance a) A.L.T.A. Owner's (Extended) S Proposed Insured: 1310 BUFFALO PROPERTIES LLC, A COLORADO LIMITED LIABILITY COMPANY b) A.L.T.A. Loan Standard) Proposed Insured: c) Leasehold Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is fee simple 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: COLORADO MOUNTAIN COLLEGE FOUNDATION, A COLORADO NONPROFIT CORPORATION 5. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION Purported Address: STATEMENT OF CHARGES 1310 Weathaven Drive These charges are due and payable before a Vail, CO 81657 Policy can be issued. PREMIUM OWNERS: 5115.00 TAX CERT: 80.00 form 110.1 50.00 SCHEDULE A Order ]Number: 05036440 1_EGAL. DESCRIPTION CONDOMINIUM UNITS 5-001, S-002, S-101 and S-401, COLORADO MOUNTAIN CONDOMINIUMS According to the plat recorded June 15, 1984 in Book 387 at Page 620 as Reception No. 283922 and the Condominium Declaration for Colorado Mountain Condominiums recorded June 15, 1984 in Book 387 at Page 619 as Reception No. 283921. COUNTY OF EAGLE STATE OF COLORADO. THIS COMMITMENT WAS PREPARED ON FEB 23 2005. FOR QUESTIONS REGARDING THIS COMMITMENT PLEASE CALL LINDA WILLIAMS, THE TITLE OFFICER, AT 970/926-0230. FOR QUESTIONS REGARDING THE CLOSING, PLEASE CALL KAMMY YOUNG, THE ESCROW OFFICER, AT 970/479-6010 This commitment is sent to 1310 BUFFALO PROPERTIES LLC, MICHAEL HECHT COLORADO MOUNTAIN COLLEGE FOUNDATION MICHAEL DEVINS PETER PAPANGELIS SCHEDULE B Section I Order Number: 05036440 REQIJIREMRNTS The following arc the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to he insured. Item (h) Proper instrument(s) creating the estate or interest to he insured must he executed and duly filed for record, to wit: 1. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the Eagle County Treasurer. 2. Execution of affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. 3. Payment of any and all Homeowners assessments and expenses as required in the Declaration of Cascade Village and Certificate from Cascade Village Association verifying that such payment has been received. 4. Payment of any and all Condominium assessments and expenses as required by the Condominium Declaration of Colorado Mountain Condominiums and Certificate from Colorado Mountain Condominium Association Inc. verifying that such payment has been received. 5. Evidence satisfactory to Stewart Title Guaranty Company that the real estate transfer tax assessed by the Town of Vail has been paid or that the transaction is exempt from said tax. 6. Partial Release of Mortgage, releasing subject property, from Colorado Mountain College Foundation as Grantor and First Interstate Bank of Denver, N.A. as Trustee and Colorado Mountain Junior College District as Issuer, Colorado Mountain Junior College District Series 1985 Certificates Mortgage and Indenture of Trust in the amount of $5,985,000.00, dated December 1, 1985 recorded February 5, 1986 in Book 435 at Page 938 as Reception No. 332192. NOTE: This is the only monetary amount shown. NOTE: Appears to encumber additional property_ 7. Termination by Mansfield, Ltd., a Colorado limited partnership of the right to reacquire subject property under certain conditions, in the Notice of Right executed by First Municipal Leasing Corporation and Colorado Mountain Junior College District and Mansfield Ltd. , a Colorado limited partnership recorded June 15, 1984 in Book 387 at Page 628 as Reception No. 283930. 8. Termination by Mansfield, Ltd., a Colorado limited partnership of the right to reacquire subject property under the condition that subject property is no longer an "educational and learning facility" in the Notice of Right executed by First Municipal Leasing Corporation, Colorado Mountain Junior College District and Mansfield, Ltd. recorded June 15, 1984 in Book 387 at Page 629 as Reception No. 283931. Continued on next page 1- Continuation of Schedule B - Section 1 Order Number: 05036440 9. Satisfactory evidence of compliance of the terms of the Notice of Right of First Refusal recorded June 15, 1984 in Book 387 at Page 630 as Reception No. 283932 and as modified by Notice Concerning it recorded February 5, 1986 in Book 435 at Page 936 as Reception No. 332190, wherein Cascade Lodge Joint Venture, a Colorado joint venture was granted a right of first refusal to purchase subject property. 10. Termination by Colorado Mountain College Foundation, as lessor and Colorado Mountain Junior College District, as lessee of the Master Lease Purchase Agreement recorded February 5, 1986 in Book 435 at Page 937 as Reception No. 332191. 11. RE: Colorado Mountain College Foundation, a Colorado nonprofit corporation: The Company requires for its review a copy of the Articles of incorporation and bylaws, a satisfactory Resolution of the Board of Directors authorizing the proposed transaction. NOTE: Colorado Mountain College Foundation is a corporation in good standing per Colorado Secretary of State. 12. Articles of Organization for 1310 Buffalo Properties, LLC, a Colorado Limited Liability Company and Statement of Authority. 13. Deed from Colorado Mountain College Foundation, a Colorado nonprofit corporation, vesting fee simple title in 1310 Buffalo Properties LLC, a Colorado limited liability company. NOTE: NOTATION OF THE LEGAL ADDRESS OF THE GRANTEE MUST APPEAR ON THE DEED AS PER 1976 AMENDMENT TO STATUTE ON RECORDING OF DEEDS CRS 38-35-109 (2) . 2- SCHEDULE B Section 2 Order plumber: 05036440 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: I. 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 heretofore or hereafter furnished, imposed by lawandnotshownbythepublicrecords. 5. Defects, liens, encumbrances, 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 acquiresofrecordforvaluetheestateorinterestormortgagethereoncoveredbythiscommitment. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 7. Any and all unpaid taxes and assessments and unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Reservations or exceptions contained in U.S. Patents, or in Acts authorizingtheissuancethereof, recorded August 16, 1909 in Book 48 at Page 542 reserving 1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom and 2) rights of way for ditches and canals constructed under the authority of the United States. 10. Declaration Creating Covenants, Conditions, Restrictions and Easements for Cascade Village recorded July 17, 1981 in Book 326 at Page 255 as Reception No. 222618. 11. Agreement by and between Holy Cross Electric Association, Inc., a Colorado Corporation, Cascade Lodge, a Colorado Joint Venture and Mansfield Limited, a Colorado Limited Partnership recorded August 26, 1982 in Book 344 at Page 811 as Reception No. 241156. 12. Underground Right of Way granted by Mansfield Limited, a Colorado Limited partnership to Holy Cross Electric Association, Inc., by Document recorded August 30, 1982 in Book 344 at Page 923 as Reception No. 241268. 13. Underground Right of way granted by Mansfield Limited, a Colorado Limited Partnership to Holy Cross Electric Association, Inc., by document recorded November 12, 1982 in Book 348 at Page 664 as Reception No. 245005. 4. Application for Revocable Permit to Erect or Maintain a Structure on a Public Continued on next page Continuation of Schedule B - Section 2 Order Number: 05036440 Right of way recorded June 15, 1984 in Book 387 at Page 631 as Reception No.283933. 15. All matters shown on the map of Colorado Mountain Condominiums recorded June 15, 19894 in Book 387 at Page 620 as Reception No. 283922. 16. Condominium Declaration for Colorado Mountain Condominium recorded June 15, 1984 in Book 387 at Page 619 as Reception No. 283921. 17. Conveyance of Easement recorded November 2, 1984 in Book 398 at Page 829 as Reception No. 295120. 18. Declaration of Reciprocal Easements recorded June 23, 1987 in Book 464 at Page885asReceptionNo. 361110. 19. Declaration of Reciprocal Easements recorded June 23, 1987 in Book 464 at Page884asReceptionNo. 361109. 20. Easements between Colorado Mountain College Condominium Association and Ancillary Trust, recorded October 21, 1996 in Book 709 at Page 26 as ReceptionNo. 605006 and in Book 709 at Page 27 as Reception No. 605007. 21. Notice of Right of First Refusal by First Municipal Leasing Corporation, Colorado Mountain Junior College District and Cascade Lodge Joint Venture recorded June 15, 1984 in Book 387 at Page 630 as Reception No. 283932 and Notice Concerning it recorded February 5, 1986 in Book 435 at Page 936 as Reception No. 332190. 22. Any and all existing leases and tenancies. NOTE: EXCEPTIONS 1 AND 4 ABOVE WILL BE DELETED ON THE FINAL OWNERS POLICY, PROVIDED BOTH SELLER(S) AND PURCHASER(S) EXECUTE THE HEREIN REQUIRED AFFIDAVITS AND SAID AFFIDAVITS ARE APPROVED BY THE COMPANY. EXCEPTIONS 2 AND 3 WILL BE DELETED ON THE FINAL OWNERS POLICY. EXCEPTION 5 WILL NOT APPEAR ON THE OWNERSOWNERSPOLICY, AND GAP PROTECTION WILL BE GRANTED PROVIDED THAT STEWART TITLE OF EAGLE COUNTY PERFORMS CLOSING DISBURSEMENTS AND RECORDING OF ALL DOCUMENTS. SEE "DISCLOSURES" INCLUDED HEREWITH. DISCLOSURES Pursuant to C.R.S. 10-1 1-122, notice is hereby given that A) THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR 'I'f-1E COUNTY TREASURER'S A I.ITHOR IZE.I) AGENT; C) INFORMATION REGARDING SPECIAL. DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR TI in COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall he responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from thetransactionwhichwasclosed." Provided that Stewart Title of Vail, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents froin the transaction, exception twtnher 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment front the Owner's Policy to he issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, whichincludesacondominiumortownhouseunit. B. No labor or materials have been furnished by mechanics or materialinen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. 'fhe Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialnren's liens. D. The company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverageforunrecordedlienswillinclude; disclosure of certain construction information; financial information as to the seller, the builder andlor the contractor; payment of the appropriate premium: fully executedIndemnityagreementssatisfactorytothecompany; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will he given under any circumstances for labor or material for which the insured has contracted ter or agreed to pay. NOTHING HEREIN CON'T'AINED WILL RI: DEEMED OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED '10 HEREIN UNLESS THE ABOVE CONDITIONS AREFULLYSATISFIED. Order No. 05036440 Disclosures iYS01)1 Rev. In 99 STEWART TITLE GUARANTY COMPANY Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach Bliley Act (GLBA) generally prohibits any financial institution, directly or throughitsaffiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may he disclosed. In compliance with theGLBA, we arc providing you with this document, which notifies you of the privacy policies and practices of Stewart'Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from our files. or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive train others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personalinformationwillbecollectedaboutyou. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketingagreements: Financial service providers such as companies engaged in honking, consumer finance, securities and insurance. Non-financial companies such as envelope stutters and outer fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY L.AW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations co guard your nonpublic personal information. File Ni,. 0503644(1 Stewart Title or Vail,Lit. Privacy Polley!Coact:{rage 1) Rev.07/2001 iYPi'N1) STEWART TITLE OF VAIL, INC. Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm Leach Bliley Act (GLBA) generally prohibits any financial institution, directly or throughitsaffiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless theinstitutionprovidesyouwithanoticeofitsprivacypoliciesandpractices, such as the type of information that it collects about you and the categories of persons or entities to whom ii may he disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices ofStewartTitleofVail, Inc. We may collect nonpublic personal information about you lium the following sources: Information we receive from you, such as on applications or other forms. Information about your transactions we secure from Our tiles, or from our affiliates or others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personalinformationwillbecollectedaboutyou. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the Following types of nonaffiliated companies that perform marketing, services on our behalf or with whom we have joint marketingagreements: Financial service providers such as companies engaged in banking, consumer finance, securities and insurance,Non-financial companies such as envelope snuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONEFORANYPURPOSETIIATISNOTSPECIFICALLYPERMITTEDBYLAW. We restrict access to nonpublic personal Information abut you to those employees who need to know thatinformationinordertoprovideproductsorservicestoyou. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. File Yu. 05113(1440 Slcw:u t Tilt or Vail.Inc. Privacy Pulii y rupee(l'agc 2) Rev.07r2.00 (Yi'P\?) VAIL PARKING LLC 2990 BOOTH CREEK DR. VAIL, CO 81657 MIRUS LLC C/O WN MANAGEMENT PO BOX 7270 AVON, CO 81620 GEORGIA FOX MCINTOSH 1983 REVOCABLE TRUST 2017 WINDSOR PL FT WORTH, TX 76110 MAHONEY, MICHAEL F. & JULIE A. 7210 SPRING CREEK CIR NIWOT, CO 80503 LO PORTO, JOHN J. - CINTORINO, THOMAS J. 21 APPLETREE GREEN NASHUA, NH 03062-2234 HANNEN, KEVIN P. 3409 PATRICK ST ST CHARLES, LA 70605 NEPTUNE PARTNERS LTD 252 CLAYTON 400 DENVER, CO 80206 HUFF, GLEN & MARSHA 511 VILLA CROSSING SOUTH LAKE, TX 76092 MULONE, NICHOLAS P. & SANDRA L. 304 STONEYBROOK DR CHESWICK, PA 15024 POWERS, SUSAN L. 18821 DELAWARE ST STE 207 HUNTINGTON BEACH, CA 92648 BROE, PATRICK D. C/O BROE CO 252 CLAYTON ST 4TH FL DENVER, CO 80206 14 Vail Cascade Residences Mauriello Planning Group,LLC ANI INVESTMENTS LTD C/O DON BAKER 633 W FIFTH ST STE 4000 LOS ANGELES, CA 90071-2007 LIFCHEZ, AARON S. & ROBERTA A. 525 SUNSET LN GLENCOE, IL 60022-1141 FERRIS, BROOKE PO BOX 216 VAIL, CO 81658 TALOUMIS, LOUIS J. & LORI J.JT 5855 GLADSTONE ST COLORADO SPRINGS, CO 80906 CASSIS INVESTMENTS LTD C/O DON BAKER 633 W 5TH ST STE 4000 LOS ANGELES, CA 90071-2007 INSIDE SDD No. 4 1239 B WESTHAVEN CIRCLE LLC 29 LAUDER LN GREENWICH, CT 06831 AXIS HOLDINGS LTD 170 MIDWEST RD SCARBOROUGH ONTARIO Ml P 3A9 CANADA, BRADSHAW, DAVID C. 65 CENTRAL PARK W UNIT 15-B NEW YORK, NY 10023 H&C STONE REVOCABLE TRUST 615 PALISADES AVE SANTA MONICA, CA 90402 HASSMAN, ALAN R. & GLORIA J. 8 CREEKSIDE LN CAMP HILL, PA 17011 15 Vail Cascade Residences Mauriello Planning Group,LLC HEINEN, NANCY A. & JOHN J. 2565 SOM CENTER HUNTING VALLEY, OH 44022 JAMES A. BELTZ REVOCABLE TRUST - J. ANNE BELTZ REVOCABLE TRUST 447 PEAVEY RD WAYZATA, MN 55391 ROBERT J. ROSEN 2005 QPRT NANCY ROSEN 2005 QPRT 1 127 LAKE AVE GREENWICH, CT 06831 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 WESTHAVEN REALTY LLC 1127 LAKE AVE GREENWICH, CT 06831 HAGOPIAN & PENNINGTON,LLC-NORRIS,A.D.III C/O BRENTWOOD ASSOC & T.M. PENNINGTON 11150 SANTA MONICA BLVD 1200 LOS ANGELES, CA 90025 MILL RACE CONDOMINIUM ASSOCIATION JULIE GRIMM 1000 S FRONTAGE ROAD, WEST #200 VAIL, CO 81657 MILL RACE CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT 1, SUITE 200 VAIL, CO 81657 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81657 16 Vail Cascade Residences Mauriello Planning Group,LLC KOENIG, HOWARD P. 7 BREAKERS AISLE DANA POINT, CA 92629 YELLOW BIRD LTD C/O CASCADE VILLAGE 1476 WESTHAVEN DRIVE VAIL, CO 81657 PETERSON, JERRY W. THREE LYNN RD CHERRY HILLS VILLAGE, CO 80113 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81657 KAISER, PETER &ANAFU M. 10 EDWARDS POINT RD RUMSON, NJ 07760 FERRY, TERRANCE F. & GAIL LOWENTHAL 1390 WESTHAVEN DR 6 VAIL, CO 81657 CGC VAIL LLC 4101 BIRCH ST STE 100 NEWPORT BEACH, CA 92660 L-O WESTHAVEN INC C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 BLUME FAMILY PTNSHP FRED P. BLUME PO BOX 504 CHEYENNE, WY 82003 DEWS, JULIANNA PO BOX 362 VAIL, CO 81658 BELTZ, JAMES A. &ANNE HOUGH JT 447 PEAVEY RD WAYZATA, MN 55391 17 Vail Cascade Residences Mauriello Planning Group, LLC MCCULLOH, HUGH 375 SAINT PAUL ST DENVER, CO 80206 FREEMAN, MICHAEL J. 6-B BLUE SEA LN KINGS POINT, NY 11024 SKI CASCADE LLC C/O PETER AND GRETCHEN BROWN 3696 LAKE MENDOTA DR MADISON, WI 53705 HASSMAN, ALAN R. & GLORIA J.JT 8 CREEKSIDE LN CAMP HILL, PA 17011 NA CO - MCMILL N, NANCY O. - OATEY, WILLIAM R. 4700 W 1 60TH ST CLEVELAND, OH 44135 SMITH, DEBRA 5614 S LANSING WAY ENGLEWOOD, CO 801 1 1 HOWELL, JOHN N. & MARY L. JT 1 101 PENNSYLVANIA AVE NW #400 WASHINGTON, DC 20004 STEVENSON, RAY ONE NE LAGOON ISLAND CT SEAWALL'S POINT, FL 34996 BROOKS, SCOTT K. - KLAESS, MATT S. -JT 1515 WAZEE STE 300 DENVER, CO 80202 VAIL LLC PO BOX 1558 CLEARWATER, FL 33757 VAIL LLC 1000 ELDORADO AVE CLEARWATER, FL 33767 18 Vail Cascade Residences Mauriello Planning Group,LLC KCV L.L.C. - RAINER, WILLIAM &JULIE PO BOX 550 OLATHE, KS 66051 MORGAN, MITCHELL - ET AL C/O VAIL CASCADE CONDOMINIUMS INC 1476 WESTHAVEN DR VAIL, CO 81657 SI PARTNERS LTD 252 CLAYTON ST 4TH FL DENVER, CO 80206 MDSB LP 5752 S JASMINE ENGLEWOOD, CO 801 1 1 LAZIER, ROBERT BUDDY 386 HANSON RD VAIL, CO 81657 ELLENORE JOINT VENTURE C/O PHILIPP A KORT 210 N CHAMBORD DR ATLANTA, GA 30327 NASR, MOE 7910 SAM HOUSTON PKWY W HOUSTON, TX 77064 COHEN, RICHARD W. 2950 RIVERMEADE DR ATLANTA, GA 30327 WILKINS, F.D. 2655 BRIARWOOD DR BOULDER, CO 80303 MOREIRA, DOMINGO R. 7231 SW 63RD AVE MIAMI, FL 33143 19 Vail Cascade Residences Mauriello Planning Group, LLC GLEN LYON ASSOC LLC C/O MADELYNN HAUSMAN ATTORNEY 77 W WASHINGTON ST STE 1 1 19 CHICAGO, IL 60602 ALEXANDRA P. LINN TRUSTEE ALEXANDRA P. LINN REVOCABLE TRUST 1350 GREENHILL CT VAIL, CO 81657 KARLIN, MITCHELL J. PO BOX 8488 NORTHFIELD, IL 60093 WOLF, MARY PO BOX 354 WINNETKA, IL 60093 HORN, JEFFREY M. & SALLY HELMS 18 AVON RD BRONXVILLE, NY 10708 PURCHASE, JOHN LAYTON & LARA JUNE 754 POTATO PATCH DR VAIL, CO 81657 GERSTENBERGER, ALLEN & JANET 5255 BOW MAR DR LITTLETON, CO 80123 LOHRE, JOHN O. & MARY B. 333 LOGAN ST STE 203 DENVER, CO 80203 HARLAN DEVELOPMENT COMPANY LLC C/0 HAL P HARLAN PRESIDENT PO BOX 29176 INDIANAPOLIS, IN 46229 CUNNINGHAM, BARRY E. 271 ANEMONE DR BOULDER, CO 80302 HOVEY, NANCY M. 1 WOODHOLM LN MANCHESTER, MA 01944-1057 20 Vail Cascade Residences Mauriello Planning Group, LLC 1439425 ONTARIO INC 17 CHESTNUT PARK RD TORONTO ONTARIO M4W1W4 CANADA MARJORIE H. ODEEN REVOCABLE INTER VIVOS TRUST 1435 HARVEST CROSSING DR MCLEAN, VA 22101 MORLEY, REBECCA D. &ANDREW W. 1330 SONGBIRD CT BOULDER, CO 80303 HINZ, PAMELA SHEILA 1460 A GREENHILL CT VAIL, CO 81657 KIRKPATRICK, DOUGLAS H. & JOAN M. 48 HYDE PARK CIR DENVER, CO 80209 PHILIP H. CORBOY JR. TRUST 33 N DEARBORN CHICAGO, IL 60602 DULUDE, RICHARD & JEAN P O BOX 537 106 LAKE AVE GEORGES MILLS, NH 03751 1359 GREENHILL COURT LLC 101 S CLERMONT DENVER, CO 80246 MEISTER, RICHARD W. & JULIE L. 39 LOCKWOOD AVE OLD GREENWICH, CT 06870 GURRENTZ, HEDY & KENNETH G. 5360 S BOSTON ST GREENWOOD VILLAGE, CO 801 1 1 1334077 ONTARIO INC 2531 STANFIELD RD MISSIGAUGA ONTARIO L4Y1S4 CANADA 21 Vail Cascade Residences Mauriello Planning Group, LLC BLIVAS, JULIE 148 S WESTGATE AVE LOS ANGELES, CA 90049 SUSAN RUBENSTEIN QUALIFIED PERSONAL RESIDENCE TRUST 2129 N. CLEVELAND CHICAGO, IL 60614 DUNNING, PETER B. & LUCY 1461 GREENHILL CT VAIL, CO 81 657 ORTEGON, ANTHONY &VERA 2 ROCKBRIDGE LN PUEBLO, CO 81001 SCHUBERT, FRED V. & MARIA A. TRUST 6 MAGGIE LN DOWNINGTOWN, PA 19335-3208 MOONEY, BARBARA C. 1455 GREENHILL CT W 1/2 VAIL, CO 81657 NAGLE, TIM W. & KAREN M. 13307 TOSCA HOUSTON, TX 77079 KEMP, JACK F. & JOANNE M. 1901 PENNSYLVANIA AVE NW STE 300 WASHINGTON, DC 20006-5805 KEMP, JACK F. & JOANNE M. 1775 PENNSYLVANIA AVE NW 11TH FLOOR WASHINGTON, DC 20006-5805 ORLINSKY, DAVID 103 W. 89TH STREET NEW YORK, NY 10024 LANDERS, JOHN & DEBRA 2530 OUTLOOK TRL BROOMFIELD, CO 80020 22 Vail Cascade Residences Mauriello Planning Group, LLC OLIVER, C. HARDY, JR & ANN B. 408 COVE VIEW POINT COLUMBIA, SC 29212-8402 SPICER, WILLIAM J. - GLEN LYON DEV 1710 PLATTE ST DENVER, CO 80202 BERTOLE, PHILLIP 701 GRASSMERE AVE INTERLAKEN, NJ 07712 ARENT, STEPHEN W. - SPICER, WILLIAM J. 1710 PLATTE ST DENVER, CO 80202 GUNSLINGER VAIL 1 LLC 1530 16TH ST DENVER, CO 80202 JASPERSEN FLP I LTD 4807 CROOKED LN DALLAS, TX 75229 GUNSLINGER VAIL 2 LLC 1530 16TH ST DENVER, CO 80202 1245 WESTHAVEN LLC C/O CURTIN 55 EMILY ROAD FAR HILLS, NJ 07931 RUTING, WAYNE M. PO BOX 149 DENVER, CO 80201-0149 WHITE ROCK PROPERTIES LLC ATTN: TOM RYSTROM PO BOX 3546 LITTLE ROCK, AR 72203 STONE, HOWARD L. & CATHERINE A. 615 PALASADES AVE SANTA MONICA, CA 90402 23 Vail Cascade Residences Mauriello Planning Group, LLC BLUE OX LLC 17 CAMPBELL RD WAYLAND, MA 01778 LIPNICK, JANIE B. 6238 29TH ST NW WASHINGTON, DC 20015 VALENTINE, ROSSLYN M. PO BOX 910 VAIL, CO 81658 BEARD, STANLEY S. & BONNIE K. 2121 N FRONTAGE RD 210 VAIL, CO 81657 HALSETH, B. & L. - HALSETH, C. & D. - HALSETH, D. CUST. - KNOX, C.A. CUST. 1176WKST BENICIA, CA 94510-2415 BRAMANTE, M.A. & ELEANOR 1285 WESTHAVEN CIR VAIL, CO 81657 MCMAHON TRUST 792 SAN LORENZO ST SANTA MONICA, CA 90402 PEDIGO, JAMES & RUTH ANN 2019 ALAQUA LAKES BLVD LONGWOOD, FL 32779 LESSANS, MARC B. PO BOX 450 NEW MARKET, MD 21774 JOHN L. ALFOND 2004 TRUST C/0 GREGORY W. POWELL TRUSTEE TWO MOUNUMENT SQUARE PORTLAND, ME 04101 SIROTKIN, NEIL & GABRIELA J. 2121 N FRONTAGE RD W 197 VAIL, CO 81657 24 Vail Cascade Residences Mauriello Planning Group, LLC MILLER, GARY E. &V. EILEEN 1415 WESTHAVEN DR VAIL, CO 81657 0 NEIL PATRICIA 1385 WESTHAVEN DRIVE VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION JULIE GRIMM 1000 S. FRONTAGE ROAD W, #200 Suite 200 VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT #1 VAIL, CO 81657 FLOWER, MICHAEL G. & ELIZABETH RAMSEY C/O MDM SERVICES CORPORATION 28202 CABOT RD STE 205 LAGUNA NIGUEL, CA 92677 WALTON GROWTH FUND LP 3252 ROANOKE KANSAS CITY, MO 641 1 1 MCMAHAN, JOHN T. & LYNN 676 N ST CLAIR STE 1575 CHICAGO, IL 60611 LIFTSIDE CONDOMINIUM ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DRIVE VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOCIATION 1234 WESTHAVEN DRIVE VAIL, CO 81657 25 Vail Cascade Residences Mauriello Planning Group,LLC OUTSIDE SDD NO. 4 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 VAIL CORP PO BOX 7 VAIL, CO 81658 H & K MANAGEMENT LLC 953 S FRONTAGE RD W 230 VAIL, CO 81657 G. LOVEN LLC 934 S FRONTAGE RD VAIL, CO 81657 L-O WESTHAVEN INC C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 THE EAGLE POINTE CONDOMINIUM ASSOCIATION DANN PETER 15 HIGHLANDS LN AVON, CO 81620 THE EAGLE POINTE CONDOMINIUM ASSOCIATION PO BOX 5480 AVON, CO 81620 VAIL PARK ASSOCIATION LTD. HIH FARROW 1472 MATTERHORN CIRCLE VAIL, CO 81657 26 Vail Cascade Residences Mauriello Planning Group, LLC PLANNING AND ENVIRONMENTAL COMMISSION September 24, 2007 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road -Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Scot Proper Rollie Kjesbo David Viele Dick Cleveland Anne Gunion Bill Pierce Michael Kurz 1. Swearing in of new PEC member by Lorelei Donaldson, Town Clerk, and appointment of Chair and Vice-Chair ACTION: Dick Cleveland was nominated to be Chairman MOTION: Gunion SECOND: Viele VOTE: 6-0-0 ACTION: Bill Pierce was nominated to be Vice-Chairman MOTION: Gunion SECOND: Viele VOTE: 6-0-0 20 minutes 2. A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Scot Hunn ACTION: Recommendation of approval with condition(s) MOTION: Pierce SECOND: Kurz VOTE: 6-0-0 Condition: 1) The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same. Scot Hunn gave a presentation per the staff memorandum. Commissioner Pierce asked a question regarding employee housing units and this project. Allison Kent, Mauriello Planning Group, stated that because the applicant was not proposing any new Gross Residential Floor Area (GRFA) with this application, the Town's inclusionary zoning regulations did not apply; therefore, no mitigation was required at this time. The Commissioners expressed their general support for the project. There was no public input. Page 1 ellib TOWN OF PAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on September 24, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- v'(-- -L3 ilk9A, Special Development District, Vail Town Code, to allow for an increase in the 1-G -01 number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Scot Hunn A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven DriveNail Cascade Subdivision and setting forth details in regard thereto. PEC07-0055) Applicant: L-O Westhaven , Inc., represented by Rick Pylman, Pylman &Associates Planner: Scot Hunn The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published September 7, 2007, in the Vail Daily. Page 1 MEMORANDUM TO: Planning and Environmental Commission (PEC) FROM: Community Development Department DATE: September 24, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC. Planner: Scot Nunn SUMMARY The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC, is asking the Planning and Environmental Commission for a final recommendation to the Vail Town Council on the proposed amendments to the Vail Cascade Residences project, located at 1310 Westhaven Drive/Area A, Cascade Village. A vicinity map has been attached for reference (Attachment A). Pursuant to the criteria and findings listed in Section VIII of this memorandum, and the conditions listed in Section IX of this memorandum, staff recommends the Planning and Environmental Commission forward a recommendation of approval with conditions to the Town Council on the proposal detailed herein. II.DESCRIPTION OF THE REQUEST The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC., has requested a final review hearing with the Planning and Environmental Commission to present a proposed amendment to the development plan and request for an amendment to Area A of Special Development District (SDD) No. 4, Cascade Village, to increase the previously approved density at the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A, Cascade Village, from eleven (11) to fourteen (14) residential dwelling units. A major amendment is required for the additional number of dwelling units proposed in this application. No increase in GRFA is proposed with this amendment, yet the Applicant requests approval for three (3) additional dwelling units to be constructed within the existing structure with only minor impacts to the exterior of the building. A copy of the Vail Cascade Residences written proposal 1 from the Applicant is attached for reference (Attachment B). A reduced copy of the proposed architectural plans and elevations has also been attached for reference (Attachment C). Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the amendment application and development plan, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. Staff recommends approval, with conditions, of the Major Amendment to SDD No. 4, inclusive of a Development Plan and setting forth details in regard thereto, as detailed in Section IX of this memo. Applicable Review Criteria Review of the Cascade Residences project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): 12-9A-4: Development Review Procedures 12-9A-5: Submittal Requirements 12-9A-6: Development Plan 12-9A-7: Uses 12-9A-8: Design Criteria and Necessary Findings 12-9A-9: Development Standards 12-9A-10: Amendment Procedures 12-9A-11: Recreation Amenities Tax 12-9A-12: Time Requirements 12-9A-14: Existing Special Development Districts o Ordinance No. 33, Series of 2005 — An Ordinance Approving a Special Development District (known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND SDD No. 4 History Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the Cascade Residences in 2006. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 includes the following: 2 Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village development site is approximately 97.9 acres in size. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire development site are outlined in the adopting ordinance for Special Development District No. 4. Cascade Residences Site (Colorado Mountain Condominiums) The construction of the Colorado Mountain Condominiums, commonly referred to as "the CMC building", was completed by 1979. The structure was constructed with observed setbacks essentially comprised of "build-to" lines and with distinct property lines for the CMC building itself as shown on the plat entitled Condominium Map of Colorado Mountain Condominiums. Previous Approvals—Cascade Residences The previously approved development plan for the Cascade Residences, approved via Ordinance No. 33, Series 2005, included the development of 11 dwelling units and permitted up to 32,000 sq. ft. of Gross Residential Floor Area GRFA). In addition, 4,087 sq. ft. of existing commercial, retail and office space uses were maintained in the proposal and were approved. This amendment was initiated to allow for redevelopment of the property, which formerly included the Cascade Village Theater and Colorado Mountain College and to allow for an increase in the overall density for Cascade Village Area A from 94 to 98 dwelling units. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District(SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medicattio 1s C0).0)Cflc - S as it deems necessary to accomplish the purpose of this title, or may 3 recommend denial of the petition or rejection of the proposal. Design Review Board: The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore • = - - • - •a ion o - - _ - g and Environmental C V • pr- '.-• '• e as er - - Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) District, Vail Municipal Code (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 character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan Ordinance No. 33, Series of 2005 An Ordinance Approving a Special Development District (Known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (in part) Ordinance No. 7, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto. 4 Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto. Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VI. SITE ANALYSIS Legal Description:Cascade Village (Cascade Residences) Parcel No. 2103121 Address: 1310 Westhaven Drive Lot Size: 67 acres (29,495 sq ft) Zoning: Special Development District No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort/ Spa Development Standard Allowed/Req. Exist/Approved Proposed Lot Area: N/A 29,495 sq ft No Change Buildable Area: N/A 29,495 sq ft No Change Setbacks: Front: N/A 12' No Change Sides: N/A 7' (N)/0' (S) No Change Rear: N/A 14' No Change Building Height: N/A 55' No Change Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 242 DU/ac 245 DU/ac GRFA: 32,000 sq. ft. 31,058 sq.ft No Change Site Coverage: N/A 50% (14,980sgft) No Change Landscape Area: N/A 50% No Change Parking: 39 spaces 69 spaces No Change 6 VII. SURROUNDING LAND USES AND ZONING Land Use Zoning* North: Parking Structure/Westhaven SDD No. 4 South: Vail Cascade Hotel/Glen Lyon SDD No. 4 East:Plaza Building SDD No. 4 West: Millrace Condominiums SDD No. 4 Note: According to the records on file for SDD No. 4, the entire development district was zoned PUD"within Eagle County prior to annexation to the Town of Vail; therefore, no underlying zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No.4. VIII. CRITERIA AND FINDINGS The following section of this memorandum is included to provide the Applicant, community, Staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. Chapter 9 - Special and Miscellaneous Districts 12-9A-8: DESIGN 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. 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 Applicant is proposing an interior alteration to the layout and design of the residential units which staff believes will have minimal impacts on the exterior architecture and fenestration of the building. The previously approved development plan for the Cascade Residence presented numerous exterior changes; those changes were deemed by Staff and the PEC to be improvements to the overall design aesthetic and character of the building. No significant (additional) changes are proposed with this amendment; any minor exterior changes proposed as a result of this amendment will require a separate Design Review application. Therefore, Staff finds again that the design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of Special Development District No. 4, and its environs. The height, scale, design, bulk and mass and of the building will not be affected by this amendment or the proposed changes to the exterior of the building. 7 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The increase in density by (3) three dwelling units under this proposal will not have any negative impact on the functions of the surrounding uses and activities. Considering the Applicant's parking analysis, provided on pages 5-6 of their written submittal (Attachment C), the increase (3 spaces) in parking demand generated by the additional dwelling units combined with the previously approved office, commercial and educational uses totaling approximately 4,087 sq. ft. on the first floor of the building, will not require any additional spaces to be created. Specifically, there exist 69 spaces within the Cascade Village Parking Structure dedicated for previously approved uses within the CMC building. The recent approval of the Cascade Residences development plan within the CMC building significantly reduced the parking demand due to the conversion of a majority of all commercial and educational uses to residential uses. This resulted in a net surplus of "required" parking within the parking structure. Since that recent approval, the Applicant has obtained approval for the construction of 13 new parking spaces beneath the existing CMC building. Therefore, Staff believes that with the additional three (3) dwelling units proposed, there is ample required parking provided within Area A of the Cascade Village to serve all residential, office and commercial parking needs contemplated by this proposal. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state off-street parking shall be provided in accordance with Chapter 12-10, except for 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the existing Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The parking table within the approved development plan for SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (how the entire building, including the theaters, is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: Theater, 28 parking spaces; College Classrooms, 40 parking spaces; College Office, 4 parking spaces; Theater Meeting Room 2J, 11.5 parking spaces Sub-Total, 83.5 parking spaces, plus: 8 Blue Tiger/Clancy's, 13.3 parking spaces (no change proposed); Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven (7) dwelling units, 17.5 parking spaces at 2.5 spaces per unit; Seven (7) dwelling units, 14 parking spaces at 2.0 spaces per unit; Commercial Floor areas as office use, 16.3 parking spaces at 1 per 250 sq ft (4,087 net increase sq ft retail/office) Total, 43.8 parking spaces. The total less the 17.5% multi-use credit equals 39 parking spaces. In summary, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. The required parking for Area A is owned by a third party. All loading and delivery is currently provided within the existing structures. There is a general reduction on loading and delivery needs based on the proposed change of use. D. 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 amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new 9 areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the proposed uses and activities are in general compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. However, as indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals; a major amendment to an SDD is viewed by Staff present the same opportunity. In the time since the last major amendment to SDD No. 4 was approved, the Vail Town Council has adopted Ordinances No. 7 and No. 8, Series 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. Although this particular amendment to the SDD is only proposing to increase the number of units rather than an increase to GRFA (as a trigger for applicability), Staff believes that the review and approval of a major amendment to a special development district, where all development parameters are open for discussion and negotiation, allows for the PEC and the Applicant to discuss the overall direct and secondary impact on employee housing generation of the residential development proposed by the Cascade Residences project. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Colorado Mountain Condominiums development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. 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 proposal does not call for any modifications that would impact natural features or vegetation. Staff believes the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the Applicants. 10 G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Applicant is proposing changes that will generally have no negative impact on vehicle and pedestrian circulatory patterns; the previously approved development plan wherein the number of required parking spaces was significantly reduced per the change in use from more mixed to more residential, is pertinent and will not be adversely affected by the addition of three dwelling units for a total of 14. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The Applicant is not proposing any changes which would have a negative impact upon the elements of this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the Applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed SDD amendment, pursuant to to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to an SDD, the Department of Community Development recommends the Commission pass the following motion: The Planning and Environmental Commission approves, with conditions, the Applicant's request for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto." 11 Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following condition: 1. The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: The Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission. X.ATTACHMENTS A. Vicinity Map B. Report/analysis by Mauriello Planning Group C. Reduced Architectural Plans D. 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I t1 I I - I....a% De NM =pi, 7_ r_ ii or) 1II1• MIOE Ill IN MB II; - III NM rg NMVI EWA a e111io r 11 WI' M111MOFAno0 1= I IMI _ 7 Z :. 1 ED mil Ell o L. a INN I II 1.111-iligIIIIPImai hill MI IIII01: 1 A 11t, 1 13 M i M * rri 0 Z 1 1 L Iam 17 1 _0 moo=in 111111 a m'I i 111 IIII11 101 E Wm/ III III i 33, cocoa M rTi co 5 D 1 , 1 -0 88 ul M To- 112 0-m IA°II I 11•• I MI I MI i 11 1 4 CASCADE RESIDENCES i 1 1 1310 WESTHAVEN DRIVE lg i i i gq.g.t..VAIL, COLORADO 1 ,,. 6 architects, inc Act;Dri: acce-t-1" drMEMORANDUM L b‘usrl TO: Town Council FROM: Community Development Department K), 1 - 0 ((z c Sd DATE: November 6, 2007 Pt SUBJECT: Ordinance No. 31, Series of 2007, an ordinance amending Special Development District #4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. Applicant: Vail Cascade Residences, LLC, represented by Allison Ochs Kent, Mauriello Planning Group LLC Planner: Scot Hunn DESCRIPTION OF THE REQUEST The Applicant, Vail Cascade Residences LLC, represented by Allison Ochs Kent, is requesting a major amendment to Special Development District #4, Cascade Village, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units in the Cascade Residences (a.k.a. "CMC") building, Area A, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. PEC07-0058) II.BACKGROUND On September 24, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen 14) within the Vail Cascade Residences (a.k.a. "CMC") building, with no increase to Gross Residential Floor Area (GRFA). The proposal will increase the total number of allowable dwelling units within Area A of Special Development District No. 4 from 98 to 101 dwelling units. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Cascade Village, to the Vail Town Council. The one condition made part of the Planning and Environmental Commission's recommendation is as follows: 1) The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same." Since September 24, 2007, the Applicant has submitted an application for Design 1 Review for changes to approved plans. The proposed modifications are minor and do not adversely impact the exterior design of the previously approved building or any adjacent properties. On October 16, 2007, the Council voted 5-1-0 (Foley opposed) to approve Ordinance No. 31, Series 2007, on first reading. III. CRITERIA FOR REVIEW The criteria outlined in section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission 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 criteria listed within section VIII of the Staff's September 24, 2007, memorandum, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 31, Series of 2007, on second reading to amend Special Development District #4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in the September 24, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 31, 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 VIII of the Staff's September 24, 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 Vail comprehensive plan and compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's September 24, 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 2 review outlined in Section VIII of the Staff's September 24, 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 VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission." V. ATTACHMENTS A. Staff memorandum to PEC dated September 24, 2007 B. Ordinance No. 31, Series of 2007 C. Report by Mauriello Planning Group, LLC 3 1EW o V kcno(v Tv v Qv c, ZNrD A, wttf> I MEMORANDUM 6 U£I I4 TO: Town Council FROM: Community Development Department DATE: October 16, 2007 SUBJECT: Ordinance No. 31, Series of 2007, an ordinance amending Special Development District #4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. Applicant: Vail Cascade Residences, LLC, represented by Allison Ochs Kent, Mauriello Planning Group LLC Planner: Scot Hunn DESCRIPTION OF THE REQUEST The Applicant, Vail Cascade Residences LLC, represented by Allison Ochs Kent, is requesting a major amendment to Special Development District #4, Cascade Village, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units in the Cascade Residences (a.k.a. "CMC") building, Area A, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. PEC07-0058) II.BACKGROUND On September 24, 2007, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. Specifically, the Applicant proposes to increase the number of dwelling units from eleven (11) to fourteen 14) within the Vail Cascade Residences (a.k.a. "CMC") building, with no increase to Gross Residential Floor Area (GRFA). The proposal will increase the total number of allowable dwelling units within Area A of Special Development District No. 4 from 98 to 101 dwelling units. Upon review of the request, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with condition, of the request to amend Special Development District No. 4, Cascade Village, to the Vail Town Council. The one condition made part of the Planning and Environmental Commission's recommendation is as follows: 1) The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same." Since September 24, 2007, the Applicant has submitted an application for Design 1 Review for changes to approved plans. The proposed modifications are minor and do not adversely impact the exterior design of the previously approved building or any adjacent properties. III. CRITERIA FOR REVIEW The criteria outlined in section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission 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 criteria listed within section VIII of the Staff's September 24, 2007, memorandum, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 31, Series of 2007, on first reading to amend Special Development District #4, Cascade Village, to allow for an increase in the number of dwelling units, located at 1310 Westhaven DriveNail Cascade Subdivision, and setting forth details in regard thereto. Staff's recommendation is based upon the review of the criteria noted in the September 24, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 31, 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 the standards outlined in the design criteria of Section 12-9A-8, Vail Town Code, based upon the review outlined in Section VIII of the Staff's September 24, 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 Vail comprehensive plan and compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's September 24, 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 VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and, 2 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 VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission." V. ATTACHMENTS A. Staff memorandum to PEC dated September 24, 2007 B. Ordinance No. 31, Series of 2007 C. Report by Mauriello Planning Group, LLC 3 Attachment A MEMORANDUM TO: Planning and Environmental Commission (PEC) FROM: Community Development Department DATE: September 24, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council of a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC. Planner: Scot Nunn SUMMARY The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC, is asking the Planning and Environmental Commission for a final recommendation to the Vail Town Council on the proposed amendments to the Vail Cascade Residences project, located at 1310 Westhaven Drive/Area A, Cascade Village. A vicinity map has been attached for reference (Attachment A). Pursuant to the criteria and findings listed in Section VIII of this memorandum, and the conditions listed in Section IX of this memorandum, staff recommends the Planning and Environmental Commission forward a recommendation of approval with conditions to the Town Council on the proposal detailed herein. II.DESCRIPTION OF THE REQUEST The Applicant, Vail Cascade Residences, LLC., represented by Mauriello Planning Group, LLC., has requested a final review hearing with the Planning and Environmental Commission to present a proposed amendment to the development plan and request for an amendment to Area A of Special Development District (SDD) No. 4, Cascade Village, to increase the previously approved density at the Vail Cascade Residences, located at 1310 Westhaven Drive/Area A, Cascade Village, from eleven (11) to fourteen (14) residential dwelling units. A major amendment is required for the additional number of dwelling units proposed in this application. No increase in GRFA is proposed with this amendment, yet the Applicant requests approval for three (3) additional dwelling units to be constructed within the existing structure with only minor impacts to the exterior of the building. A copy of the Vail Cascade Residences written proposal 1 from the Applicant is attached for reference (Attachment B). A reduced copy of the proposed architectural plans and elevations has also been attached for reference (Attachment C). Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the amendment application and development plan, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. Staff recommends approval, with conditions, of the Major Amendment to SDD No. 4, inclusive of a Development Plan and setting forth details in regard thereto, as detailed in Section IX of this memo. Applicable Review Criteria Review of the Cascade Residences project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): 12-9A-4: Development Review Procedures 12-9A-5: Submittal Requirements 12-9A-6: Development Plan 12-9A-7: Uses 12-9A-8: Design Criteria and Necessary Findings 12-9A-9: Development Standards 12-9A-10: Amendment Procedures 12-9A-11: Recreation Amenities Tax 12-9A-12: Time Requirements 12-9A-14: Existing Special Development Districts o Ordinance No. 33, Series of 2005 — An Ordinance Approving a Special Development District (known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND SDD No. 4 History Special Development District No. 4 (SDD No. 4), Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the Cascade Residences in 2006. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. Special Development District No. 4 includes the following: 2 Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village development site is approximately 97.9 acres in size. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire development site are outlined in the adopting ordinance for Special Development District No. 4. Cascade Residences Site (Colorado Mountain Condominiums) The construction of the Colorado Mountain Condominiums, commonly referred to as "the CMC building", was completed by 1979. The structure was constructed with observed setbacks essentially comprised of "build-to" lines and with distinct property lines for the CMC building itself as shown on the plat entitled Condominium Map of Colorado Mountain Condominiums. Previous Approvals— Cascade Residences The previously approved development plan for the Cascade Residences, approved via Ordinance No. 33, Series 2005, included the development of 11 dwelling units and permitted up to 32,000 sq. ft. of Gross Residential Floor Area GRFA). In addition, 4,087 sq. ft. of existing commercial, retail and office space uses were maintained in the proposal and were approved. This amendment was initiated to allow for redevelopment of the property, which formerly included the Cascade Village Theater and Colorado Mountain College and to allow for an increase in the overall density for Cascade Village Area A from 94 to 98 dwelling units. IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District(SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such conditions as it deems necessary to accomplish the purpose of this title, or may 3 recommend denial of the petition or rejection of the proposal. Design Review Board: The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) District, Vail Municipal Code (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 character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan Ordinance No. 33, Series of 2005 An Ordinance Approving a Special Development District (Known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (in part) Ordinance No. 7, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto. 4 Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto. Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VI. SITE ANALYSIS Legal Description:Cascade Village (Cascade Residences) Parcel No. 2103121 Address: 1310 Westhaven Drive Lot Size: 67 acres (29,495 sq ft) Zoning: Special Development District No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort/ Spa Development Standard Allowed/Req. Exist/Approved Proposed Lot Area: N/A 29,495 sq ft No Change Buildable Area: N/A 29,495 sq ft No Change Setbacks: Front: N/A 12' No Change Sides: N/A 7' (N)/0' (S) No Change Rear: N/A 14' No Change Building Height: N/A 55' No Change Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 242 DU/ac 245 DU/ac GRFA: 32,000 sq. ft.31,058 sq.ft No Change Site Coverage: N/A 50% (14,980sgft) No Change Landscape Area: N/A 50% No Change Parking: 39 spaces 69 spaces No Change 6 VII. SURROUNDING LAND USES AND ZONING Land Use Zoning* North: Parking Structure/Westhaven SDD No. 4 South: Vail Cascade Hotel/Glen Lyon SDD No. 4 East:Plaza Building SDD No. 4 West: Millrace Condominiums SDD No. 4 Note: According to the records on file for SDD No. 4, the entire development district was zoned PUD"within Eagle County prior to annexation to the Town of Vail; therefore, no underlying zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No.4. VIII. CRITERIA AND FINDINGS The following section of this memorandum is included to provide the Applicant, community, Staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. Chapter 9 - Special and Miscellaneous Districts 12-9A-8: DESIGN 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. 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 Applicant is proposing an interior alteration to the layout and design of the residential units which staff believes will have minimal impacts on the exterior architecture and fenestration of the building. The previously approved development plan for the Cascade Residence presented numerous exterior changes; those changes were deemed by Staff and the PEC to be improvements to the overall design aesthetic and character of the building. No significant (additional) changes are proposed with this amendment; any minor exterior changes proposed as a result of this amendment will require a separate Design Review application. Therefore, Staff finds again that the design of the exterior is sensitive to the immediate environment and is compatible with the neighborhood surrounding Area A of Special Development District No. 4, and its environs. The height, scale, design, bulk and mass and of the building will not be affected by this amendment or the proposed changes to the exterior of the building. 7 B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The Applicant is not proposing any changes of use that deviate from the intentions of Special Development District No. 4. The increase in density by (3) three dwelling units under this proposal will not have any negative impact on the functions of the surrounding uses and activities. Considering the Applicant's parking analysis, provided on pages 5-6 of their written submittal (Attachment C), the increase (3 spaces) in parking demand generated by the additional dwelling units combined with the previously approved office, commercial and educational uses totaling approximately 4,087 sq. ft. on the first floor of the building, will not require any additional spaces to be created. Specifically, there exist 69 spaces within the Cascade Village Parking Structure dedicated for previously approved uses within the CMC building. The recent approval of the Cascade Residences development plan within the CMC building significantly reduced the parking demand due to the conversion of a majority of all commercial and educational uses to residential uses. This resulted in a net surplus of "required" parking within the parking structure. Since that recent approval, the Applicant has obtained approval for the construction of 13 new parking spaces beneath the existing CMC building. Therefore, Staff believes that with the additional three (3) dwelling units proposed, there is ample required parking provided within Area A of the Cascade Village to serve all residential, office and commercial parking needs contemplated by this proposal. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state off-street parking shall be provided in accordance with Chapter 12-10, except for 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the existing Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The parking table within the approved development plan for SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (how the entire building, including the theaters, is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: Theater, 28 parking spaces; College Classrooms, 40 parking spaces; College Office, 4 parking spaces; Theater Meeting Room 2J, 11.5 parking spaces Sub-Total, 83.5 parking spaces, plus: 8 Blue Tiger/Clancy's, 13.3 parking spaces (no change proposed); Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven (7) dwelling units, 17.5 parking spaces at 2.5 spaces per unit; Seven (7) dwelling units, 14 parking spaces at 2.0 spaces per unit; Commercial Floor areas as office use, 16.3 parking spaces at 1 per 250 sq ft (4,087 net increase sq ft retail/office) Total, 43.8 parking spaces. The total less the 17.5% multi-use credit equals 39 parking spaces. In summary, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. The required parking for Area A is owned by a third party. All loading and delivery is currently provided within the existing structures. There is a general reduction on loading and delivery needs based on the proposed change of use. D. 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 amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new 9 areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the proposed uses and activities are in general compliance with the policies, goals, and objectives identified in the Vail Land Use Plan. However, as indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals; a major amendment to an SDD is viewed by Staff present the same opportunity. In the time since the last major amendment to SDD No. 4 was approved, the Vail Town Council has adopted Ordinances No. 7 and No. 8, Series 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. Although this particular amendment to the SDD is only proposing to increase the number of units rather than an increase to GRFA (as a trigger for applicability), Staff believes that the review and approval of a major amendment to a special development district, where all development parameters are open for discussion and negotiation, allows for the PEC and the Applicant to discuss the overall direct and secondary impact on employee housing generation of the residential development proposed by the Cascade Residences project. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Colorado Mountain Condominiums development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. 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 proposal does not call for any modifications that would impact natural features or vegetation. Staff believes the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the Applicants. 10 G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Applicant is proposing changes that will generally have no negative impact on vehicle and pedestrian circulatory patterns; the previously approved development plan wherein the number of required parking spaces was significantly reduced per the change in use from more mixed to more residential, is pertinent and will not be adversely affected by the addition of three dwelling units for a total of 14. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. The Applicant is not proposing any changes which would have a negative impact upon the elements of this criterion. I. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the Applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed SDD amendment, pursuant to to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to an SDD, the Department of Community Development recommends the Commission pass the following motion: The Planning and Environmental Commission approves, with conditions, the Applicant's request for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for additional dwelling units in SDD No. 4, located at 1310 Westhaven Drive/Cascade Village, and setting forth details in regard thereto." 11 Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following condition: 1. The Applicant shall submit an application for Design Review for any and all changes to the exterior of the Cascade Residences building prior to submitting any application for a building permit for the same. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: The Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VIII of the Staff's September 24, 2007, memorandum to the Planning and Environmental Commission. X.ATTACHMENTS A. Vicinity Map B. Report/analysis by Mauriello Planning Group C. Reduced Architectural Plans D. Ordinance No. 33, Series of 2005—Special Development District No. 4 12 Attachment A Cascade Residences w e Cascade Village-Area`A' (1310 VUes#haven Drive) Planning and Environmental Commission -September 24,2007- y F^ r iii ti a A. l 7 tl l'' Nr h, :'''':111' ,, r' rSubect ,s`."'" Site P. eP J;. 4 > ^ a v tt* bra # a i A tz. mts.a & F 6" Air,.. . ay T. e I,.. s.....ae rn.r..wu.e...:Mi..' :r.:, :u:.::.4a:i 13 Attachment B ORDINANCE NO. 31 SERIES OF 2007 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 2005, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12- 9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF FORTEEN NEW DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 11, Series of 2007, repealed and re-enacted Ordinance No. 33, Series of 2005, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4; and; WHEREAS, Ordinance No. 33, Series of 2005, repealed and re-enacted Ordinance No. 12, Series of 2005, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences, and; WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No. 8, Series of 1985, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 11, Series of 2007, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences; and 1 Ordinance No. 31,Series of 2007 WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Development Area A. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 11, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 31, Series of 2007. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A, Cascade Residences. 2 Ordinance No.31,Series of 2007 Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Cascade Residences therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. 3 Ordinance No. 31, Series of 2007 B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall 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 fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and 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 4 Ordinance No. 31, Series of 2007 ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 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 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 and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1.First floor commercial uses shall be limited to uses listed in Section 12-76- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall 5 Ordinance No.31,Series of 2007 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, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted 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 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 II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 6 Ordinance No.31,Series of 2007 1.Business and professional offices; 2.Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses 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.Special attraction; 3.Ski lifts; 4.Public Park and recreational facilities; 5.Major arcades with no frontage on any public way, street, walkway or mall area. 6.Transportation Business. 7.Temporary Use of the Tennis Facility for Conferences and Conventions 7 Ordinance No.31,Series of 2007 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.Public parks. 2.Public utility and public service uses. 3. Access roads. 4.Ski lifts and tows. 5.Ski trails. 6.Snowmaking facilities. 7.Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. 8 Ordinance No. 31, Series of 2007 Accessory Uses A. Area A. Cascade Village 1.Minor arcade. 2.Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4.Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1.Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. 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 Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to 9 Ordinance No.31,Series of 2007 permitted residential uses. 3.Other uses customarily incidental and accessory to permitted 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 occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3.Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4.Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units, shall be amended as follows: 10 Ordinance No.31,Series of 2007 deletions are shown in additions are shown in bold italics) The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety eight (98) one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-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 dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. 11 Ordinance No.31,Series of 2007 D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Retail/ Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking MILLRACE I 16 20,000 20 0.00 p : z : , :..N-,r a MILLRACE II 14 17,534 25 0.00 MILLRACE IIII 3 6,450 7', MILLRACE IV 6 10,450 19 0.00 COSGRIFF)*** 12 Ordinance No.31, Series of 2007 Retail/ Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking WESTIN 148 55,457 0.00 115 Alfredo=s 104 Seats Café 74 Seats Little Shop 1,250 Pepi Sports 2,491 W&H Smith,Vaurnot 900 CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy=s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater/Meeting Room 2J 1,387 0.00 11.5 u g P TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 13 Ordinance No.31, Series of 2007 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 aiF d s'. Ai `•• nF. ..; j ¢ Ryil"iti°;as Y i G1",N a {i.rP d e p,F xi `. a3P t? 1, r a, h ` )a, ... N PLAZA II Conference 0.00 35 Retail 925 0.00 3 ta1iii 'n d ,rt id r;' w s ;,n piN°i uv A .. SS•,, `7L d1P *' IN iij 'F, F :- CASCADE CLUB Retail 300 0.00 1 Bar&Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 w i w ¢-Sd a tip LIFTSIDE WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 Plaza Office** 925 7 14 Ordinance No.31,Series of 2007 r s e k s a t m'. :w,ia. TOTALS 288 AU 76 DU 239,680 24,598 129 449.9 includes 2 EHUS) Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. For the purposes of calculating GRFA for the Cosgriff parcel(Millrace IV), no credits shall be given except for 300 s.f.to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed-Use Credit 80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 15 Ordinance No. 31,Series of 2007 Development Plans Site specific development plans are approved for Area A and Area D. The development 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 Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, 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#1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet#2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet#2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet#2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet#2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7.Waterford, Sheet#2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet#2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet#2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet#2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet#2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet#2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, 16 Ordinance No.31,Series of 2007 Schultz. 13. Waterford, Sheet#3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 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 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet#4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet#9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. 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, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet#9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet#1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet#2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet#3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson 17 Ordinance No.31,Series of 2007 Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: Dwg. # Title Author Date A-1.0 Title Sheet Morter Architects 03-15-05 A-1.1 Vicinity Map Morter Architects 01-31-05 A-1.2 GRFA Summary Morter Architects 03-15-05 A-1.3 Spring Equinox Sun Shading Morter Architects 01-31-05 A-1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 A-1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 A-1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 A-1.7 Site Plan Morter Architects 03-15-05 C001 Cover Sheet Alpine Engineering 03-14-05 C002 Grading Plan (West Half)Alpine Engineering 03-14-05 C003 Grading Plan(East Half) Alpine Engineering 03-14-05 C004 Storm Drainage Plan Alpine Engineering 03-14-05 C005 Grading and Drainage Details Alpine Engineering 03-14-05 C006 Utility Plan Alpine Engineering 03-14-05 C007 Utility Details Alpine Engineering 03-14-05 C008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson Assoc. 03-15-05 18 Ordinance No. 31, Series of 2007 L-2 I andscape Plan—Cascade Club Dennis Anderson Assoc. 03-15-05 A2.0 I'arking Level Plan I orter Architects 03-15-05 A2.1 I irst Floor Plan I orter Architects 03-15-05 A2.2 Second Level Plan I orter Architects 03-15-05 A2.3 bird Level Plan I orter Architects 03-15-05 A2.4 I ourth Level Plan I orter Architects 03-15-05 A2.5 I'oof Plan I orter Architects 03-15-05 A3.1 I:uilding A Elevations I orter Architects 03-15-05 A3.2 I:uilding B Elevations I orter Architects 03-15-05 A4.0 I:uilding Sections I orter Architects 02-14-05 A4.1 I:uilding Sections oiler Architects 02-14-05 A4.2 I:uilding Sections I oiler Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, shall be amended as follows: deletions are shown in additions are shown in bold italics)• e -- '- --- • - e-- ' - - -- • • - - - - - View From Hotel Court Sheet A1.1 Sun/Shadow Plan East-Elevation-Plan North Elevation Plan South Elevation Plan Dwg. # Title Author Date A-2.20 Second Floor Plan RKD Architects 01-28-07 A-2.30 Third Floor Plan RKD Architects 01-28-07 A-2.40 Fourth Floor Plan RKD Architects 01-28-07 A-2.50 Fifth Floor Plan RKD Architects 01-28-07 19 Ordinance No.31,Series of 2007 A-310 East and North Building Elevations RKD Architects 01-28-07 A-3.20 West and South Building Elevations RKD Architects 01-28-07 A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all 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-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the 20 Ordinance No.31,Series of 2007 setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall 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 Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. 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) will be permitted to project beyond the building envelopes not more than 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 (5') 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 the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 21 Ordinance No. 31, Series of 2007 1.The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2.Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5.Millrace III: A maximum of 36 feet. 6.Millrace IV: A maximum of 36 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 have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. 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. E. Area D. Glen Lyon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% 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 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 shall constitute the height allowances for Area D. 22 Ordinance No.31,Series of 2007 Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent 60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1.Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade 23 Ordinance No.31,Series of 2007 structure. 3.There shall be a total of 58 on-site 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 this site. 4. There shall be a minimum of 93 enclosed parking spaces located 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 shall not be used to meet any parking requirements for accommodation units, transient residential dwelling 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. 7.Seventy-five 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 for Millrace Ill. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums 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. C. 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. 24 Ordinance No.31,Series of 2007 D. Area D, Glen Lyon Commercial Site 1.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, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2.No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution 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 as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 25 Ordinance No.31,Series of 2007 E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall 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 the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J.Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed 26 Ordinance No. 31,Series of 2007 when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3.Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominuims building shall provide 4,400 square feet of employee housing pursuant 27 Ordinance No. 31,Series of 2007 to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 28 Ordinance No.31,Series of 2007 Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2007, and a public hearing for second reading of this Ordinance set for the 6th day of November, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk 29 Ordinance No. 31,Series of 2007 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2007. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk 30 Ordinance No. 31,Series of 2007 Attachment C a asca e es ences r1 _ Application for a Major Amendment to Special Development District No. 4, Cascade Village, to allow for an increase from 11 to 14 dwelling units August 2007 Submitted by Mauriello Planning Group Owner and Consultant Directory Owner/Applicant: Vail Cascade Residences, LLC c/o Steve Lindstrom PO Box 1 152 Vail, CO 81658 970-476-3035 Planning: Allison Ochs Kent, AICP Mauriello Planning Group, LLC PO Box 1 127 Avon, CO 81620 970-748-0920 Architect: Sally Brainerd RKD, Inc. PO Box 5055 Edwards, CO 81620 970-926-2622 Table of Contents I.Introduction 3 II. Application Process 4 III. Submittal Requirements 4 IV. Detailed Project Description and Zoning Analysis 5 V. Special Development District — Standards and Criteria 7 VI. Comprehensive Plan Goals and Direction 9 VII. Housing Plan 1 1 IX. Adjacent Property Owners 13 2 Vail Cascade Residences Mauriello Planning Group, LLC I.Introduction In January of 2006, Ordinance No. 22, Series of 2005, amended Special Development District No. 4, Cascade Village, allowing for the redevelopment of the area which formerly included the Cascade Village Theater and Colorado Mountain College. This area is located within "Area A" of the Cascade, which also includes Millrace, the Vail Cascade Resort, the Aria Club and Spa, and Liftside Condos. The approval of the Vail Cascade Residences included 11 dwelling units, and approximately 32,000 sq. ft. of GRFA. The 11 dwelling units required an amendment to SDD 4 from 94 to 98 dwelling units for Area A, even though the density and the GRFA were within the allowable GRFA for Area A. The applicant is now requesting an additional 3 dwelling units for the Vail Cascade Residences. There will be no change to GRFA. After additional market research indicating that smaller units are more likely to be short-term rented, the developer decided to construct smaller units — half of the units are less than 2000 sq. ft. The proposed development is harmonious with the general character of the Town and the goals of SDD No. 4. The current development standards within SDD #4 allow all of the density and GRFA being allocated to this structure. A restaurant and eight, two-story residential condominium units are also located within the building, those uses and units will remain and are not part of this application (i.e., owned by others). jip ti ti. fir I aik 0 Existing Cascade Aerial View 3 Vail Cascade Residences Mauriello Planning Group, LLC Il. Application Process The addition of 3 dwelling units is a major amendment to SDD #4. The following is the definition of a major amendment an SDD: MAJOR AMENDMENT (PEC AND/OR COUNCIL REVIEW): Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential Floor Area 250 Ordinance)", of this title. Ill. Submittal Requirements The following is a list of the submittal requirements for a major SDD amendment. We have indicated the items that we have submitted with this amendment, and referenced the original submittal for items that are not affected by the major amendment. Fee Submitted Stamped, addressed envelopes and a list of the property owners Submitted adjacent to the subject property Title Report Submitted Written approval Submitted A written statement addressing the following: Submitted a. Describe the nature of the project to include information on proposed uses, densities, nature of the development proposed, contemplated ownership patterns and phasing plans. b. A statement outlining how and where the proposed development deviates from the development standards prescribed in the property's underlying zone district. A complete zoning analysis Submitted Stamped Topographic Survey Refer to the original submittal — no change Existing and Proposed Site and Grading Plans Refer to the original submittal — no change A Vicinity Plan Refer to the original submittal— no change A Landscape Plan Refer to the original submittal— no change A Roof Height Plan Refer to the original submittal — no change Existing and Proposed Architectural Elevations Refer to the original submittal — no change Existing and Proposed Architectural Floor Plans Submitted Sun/shade analysis Refer to the original submittal— no change All plans must also be submitted in 8.5. x 1 1. reduced format. Submitted An Architectural or massing model Refer to the original submittal — no change Photo overlays Refer to the original submittal— no change Parking needs assessment and vehicular circulation analysis Refer to the original submittal— no change An Environmental Impact Report Refer to the original submittal — no change 4 Vail Cascade Residences Mauriello Planning Group, LLC IV. Detailed Project Description and Zoning Analysis A Density Density is expressed as the number of residential dwelling units per acre of land. Allowable density for Area A is 15 dwelling units per acre. The proposed amendment includes an increase from 1 1 units to 14 units for the Vail Cascade Residences. Total dwelling units for Area A is proposed to be amended from 98 dwelling units to 101 dwelling units. However, there is no change to the overall density of Area A, which allows for a total allowable density of 270 units. Total units on the site are 288 accommodation units (which then covert to 2 au = 1 du) and 98 dwelling units (based on current approvals), which totals to 242 units. With the additional dwelling units proposed, the total units constructed will be 245 units. Density proposed will be 13.6 dwelling units per acre. Density is well below the allowable density of Area A of 15 dwelling units per acre. B. Residential Floor Areas While we are requesting an increase in density from 11 units to 14 units, there is no change in the approved gross residential floor area. The total allowable GRFA for Area A is 289,145 sq. ft., while only 239,680 sq. ft. has been constructed. The staff memorandum from the previous approval indicates that this project is allotted 32,000 sq. ft. C. Parking and Loading SDD No. 4 provides that off-street parking shall be provided in accordance with Chapter 12- 10, except that 75% of the parking in Area A shall be located within a parking structure or buildings. The ordinance requires that 421 parking spaces be provided for the uses in Area A in the main Cascade Club parking structure. A 17.5 percent mixed use credit per the Town of Vail parking code has been applied to the total number of required parking spaces in the Cascade structure. The parking table within the ordinance approving SDD No. 4 includes an allocation of parking spaces to be provided for the uses constructed on-site. The Colorado Mountain College building (this is how the entire building including the theaters is described in the ordinance) is parked entirely within the Cascade Club parking structure according to the following breakdown: Theater 28 parking spaces College Classrooms 40 parking spaces College Office 4 parking spaces Theater Meeting Room 2J 11 .5 parking spaces Sub-Total 83.5 parking spaces 5 Vail Cascade Residences Mauriello Planning Group, LLC Blue Tiger/Clancy's 13.3 parking spaces (no change proposed) Cascade Penthouses 16 parking spaces (no change proposed) Therefore, 83.5 less the mixed use parking credit of 17.5% for a total of 69 parking spaces are provided within the Cascade Club parking structure for this building. The proposed uses within the building generate the following parking need: Seven dwelling units over 2000 2.5 per unit 17.5 parking spaces sq. ft.: Seven dwelling units under 2 per unit 14 parking spaces 2000 sq. ft. Commercial Floor areas as 1 per 250 sq. ft. 16.3 parking spaces office use(4,087 net increase sq.ft. retail/office): Total: 47.8 parking spaces Total less 17.5% multi-use credit:39.4 parking spaces Therefore, there is a net reduction in the number of spaces (29 less spaces) required to be provided within the existing parking structure. For reference, the previous approval required 32 fewer spaces. The required parking for Area A is owned by a third party. However, that does not change the fact the parking must be available to meet the parking requirement of uses within Area A as described in the regulating ordinance. Since the proposed redevelopment of the subject property will have markedly less impact on the parking, the owner of the parking structure also stands to benefit from the proposed application by unburdening 26 parking spaces originally set aside for the Colorado Mountain College and Cascade Theaters. No additional parking is therefore required for this application, nor is ownership of that parking required for the proposed uses. However, as a benefit to the owners of the Vail Cascade Residences, the developers have provided some parking spaces within the building itself. Since the approval of Ordinance No. 22, the developers have obtained approval for an additional 13 spaces in a parking garage beneath the structure. This addition did not require any review by Planning and Environmental Commission (other than for a variance for the garage entrance) or by Town Council. However, as a result, there is excess parking for the proposed units, and no additional parking is required. 6 Vail Cascade Residences Mauriello Planning Group, LLC V. Special Development District — Standards and Criteria The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan." The following design criteria are used by the Town in the evaluation of a Special Development District. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Our Analysis: The Vail Cascade Residences redevelopment leaves the existing building generally intact and the additional 3 units will not impact the original design which previously received DRB approval. The building has and continues to be compatible with the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. There are no exterior changes as a result of the additional 3 dwelling units. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analysis: The applicant is not proposing any changes that deviate significantly from the intentions of SDD No. 4. The Cascade Village area and SDD No. 4 is characterized by residential, lodging, and commercial development. SDD No. 4 was established to ensure comprehensive development in a manner that is harmonious with the general character of the Town. The proposed redevelopment plan responds to the residential and commercial uses already developed in the neighborhood and adds to the high quality mix of uses existing along Westhaven Drive. The proposed uses will enhance this resort hub within the Cascade Village and generate activity that will not only benefit the property owner but the citizens of the Town of Vail. The proposed project creates a compatible, efficient, and workable relationship with surrounding uses and activities. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analysis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations or those contained within the ordinance 7 Vail Cascade Residences Mauriello Planning Group, LLC regulating SDD No. 4. Please refer to other sections of this report and the proposed development plan for details on parking and loading. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analysis: The proposed Vail Cascade Residences redevelopment plan complies with all relevant master planning documents and Town policies. Please refer to section "Vi" of this report for a comprehensive review of the Town's master planning documents and policies that are implemented by this 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. Our Analysis: There are no natural or geologic hazards existing or mapped by the Town for this site. F.Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analysis: The building at issue has been developed for more than 20 years and therefore there are no natural features on the site. The property is well landscaped. The proposed project was designed to reflect the more modern design of the existing building as well as other adjacent buildings, the climate, and quality demanded by the Town. The project was also developed around the goals identified for SDD No. 4 and specifically Area A. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off- site traffic circulation. Our Analysis: The proposed project does not change the access or circulation system for the area. The proposed change in use will reduce the impact to traffic in the area. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analysis: Area A is currently developed with landscape improvements and open spaces which comply with the original approval for Cascade Village. The proposed project will not impact landscape or open space requirements. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. 8 Vail Cascade Residences Mauriello Planning Group, LLC Our Analysis: The project is proposed to be developed in one phase. Building permits for the interior and exterior renovations will be pursued. A condominium plat will be required prior to CO of the project. VI. Comprehensive Plan Goals and Direction The Town's master planning documents have been analyzed with respect to the proposed redevelopment project. Below is a list of the Town's goals and objectives that are consistent with the proposed redevelopment plan. Items listed in italics are of particular importance to the proposed redevelopment plan. A. Vail Land Use Plan 1 . General Growth/Development 1 .1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1 .2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1 .3 The quality of development should be maintained and upgraded whenever possible. 1 .5 Commercial strip development of the Valley should be avoided. 1 .12 Vail should accommodate most of the additional growth in existing developed areas infill areas). 2. Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more effectively. 3. Commercial 3.4 Commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs. 9 Vail Cascade Residences Mauriello Planning Group, LLC 5. Residential 5. 1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. 6. Community Services 6.1 Services should keep pace with increased growth. 6.2 The Town of Vail should play a role in future development through balancing growth with services. 6.3 Services should be adjusted to keep pace with the needs of peak periods. 10 Vail Cascade Residences Mauriello Planning Group, LLC VII. Housing Plan Ordinances No. 7 and No. 8, Series of 2007, requires the submittal of an employee housing plan or statement of exemption, as part of any development application. The purpose of the housing plan is to provide the Town with a strategy for the provision of employee housing units and to provide guidance to an applicant as to the suitability of the plan. The Planning and Environmental Commission shall approve, approve with modifications, or deny an employee housing plan. 1 . CALCULATION METHOD — the calculation of the commercial linkage and inclusionary housing requirement, including credits where applicable, and the mitigation method by which the applicant proposes to meet the requirements of this Chapter. A. Commercial Linkage Calculation. Ordinance 7, Series of 2007, provides the Commercial Linkage requirements. Based on this ordinance, commercial generation rates are applied to the new commercial uses on the site. Then, a 20% mitigation rate is applied to the net new employees generated by the proposed uses. No new commercial development is proposed. Therefore, this section is Not Applicable. B. Inclusionary Housing Calculation. Ordinance 8, Series of 2007, provides an inclusionary housing "mitigation rate of ten percent (10%) of the total new GRFA.' Net New GRFA proposed:0 Inclusionary Requirement: 10% of net new GRFA Total Housing Requirement: 0 2. PLANS — A dimensioned site plan and architectural floor plan that demonstrates compliance with Section 12-24-3, Building Requirements. Not Applicable. 3. LOT SIZE — The average lot size of the proposed EHUs and the average lot size of other dwelling units in the commercial development or redevelopment. Not Applicable. 4. SCHEDULES — A timeline for the provision of any off-site EHUs. Not Applicable. 5. OFF-SITE UNITS — A proposal for the provision of any off-site EHUs shall include a brief statement explaining the basis of the proposal. Not Applicable. 11 Vail Cascade Residences Mauriello Planning Group, LLC 6. OFF-SITE CONVEYANCE REQUEST— A request for an off-site conveyance shall include a brief statement explaining the basis for the request. Not Applicable. 7. FEES-IN-LIEU — A proposal to pay fees-in-lieu shall include a brief statement explaining the basis of the proposal. Not Applicable. 8. WRITTEN NARRATIVE — A written narrative explaining how the employee housing plan meets the purposes of the Chapter and complies with the Town's Comprehensive Plan. Chapter 12-24-1 The purpose of Chapter 12-24-1 is as follows: The purpose of this Chapter is to ensure that new residential development and redevelopment in the Town of Vail provide for a reasonable amount of employee housing to mitigate the impact on employee housing caused by such residential development and redevelopment. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail, with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Not Applicable. 12 Vail Cascade Residences Mauriello Planning Group, LLC IX. Adjacent Property Owners CASCADE VILLAGE THEATER INC - CMC RESIDENTIAL SUBASSOCIATION INC PO BOX 1 152 VAIL, CO 81658 THE COLORADO MOUNTAIN CONDOMINIUM ASSOCIATION, INC. JULIE GRIMM 1000 S. FRONTAGE ROAD STE 200 VAIL, CO 81657 CASCADE CLUB ASSOCIATION DON MacLachlan 1300 WESTHAVEN DRIVE VAIL, CO 81657 CASCADE CLUB ASSOCIATION 11777 SAN VICENTE BLVD. SUITE 900 LOS ANGELES, CA 90040 L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 6363 N STATE HWY 161 STE 800 IRVING, TX 75038-2262 L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 5550 LBJ FREEWAY STE 700 DALLAS, TX 75240 L-O VAIL HOLDING C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 CASCADE CLUB LTD C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 13 Vail Cascade Residences Mauriello Planning Group, LLC VAIL PARKING LLC 2990 BOOTH CREEK DR. VAIL, CO 81657 MIRUS LLC C/O WN MANAGEMENT PO BOX 7270 AVON, CO 81620 GEORGIA FOX MCINTOSH 1983 REVOCABLE TRUST 2017 WINDSOR PL FT WORTH, TX 76110 MAHONEY, MICHAEL F. & JULIE A. 7210 SPRING CREEK CIR NIWOT, CO 80503 LO PORTO, JOHN J. - CINTORINO, THOMAS J. 21 APPLETREE GREEN NASHUA, NH 03062-2234 HANNEN, KEVIN P. 3409 PATRICK ST ST CHARLES, LA 70605 NEPTUNE PARTNERS LTD 252 CLAYTON 400 DENVER, CO 80206 HUFF, GLEN & MARSHA 511 VILLA CROSSING SOUTH LAKE, TX 76092 MULONE, NICHOLAS P. & SANDRA L. 304 STONEYBROOK DR CHESWICK, PA 15024 POWERS, SUSAN L. 18821 DELAWARE ST STE 207 HUNTINGTON BEACH, CA 92648 BROE, PATRICK D. C/O BROE CO 252 CLAYTON ST 4TH FL DENVER, CO 80206 14 Vail Cascade Residences Mauriello Planning Group, LLC ANI INVESTMENTS LTD C/O DON BAKER 633 W FIFTH ST STE 4000 LOS ANGELES, CA 90071 -2007 LIFCHEZ, AARON S. & ROBERTA A. 525 SUNSET LN GLENCOE, IL 60022-1141 FERRIS, BROOKE PO BOX 216 VAIL, CO 81658 TALOUMIS; LOUIS J. & LORI J. JT 5855 GLADSTONE ST COLORADO SPRINGS, CO 80906 CASSIS INVESTMENTS LTD C/O DON BAKER 633 W 5TH ST STE 4000 LOS ANGELES, CA 90071 -2007 INSIDE SDD No: 4 1239 B WESTHAVEN CIRCLE LLC 29 LAUDER LN GREENWICH, CT 06831 AXIS HOLDINGS LTD 170 MIDWEST RD SCARBOROUGH ONTARIO Ml P 3A9 CANADA, BRADSHAW, DAVID C. 65 CENTRAL PARK W UNIT 15-B NEW YORK, NY 10023 H&C STONE REVOCABLE TRUST 615 PALISADES AVE SANTA MONICA, CA 90402 HASSMAN, ALAN R. & GLORIA J. 8 CREEKSIDE LN CAMP HILL, PA 17011 15 Vail Cascade Residences Mauriello Planning Group, LLC HEINEN, NANCY A. & JOHN J. 2565 SOM CENTER HUNTING VALLEY, OH 44022 JAMES A. BELTZ REVOCABLE TRUST - J. ANNE BELTZ REVOCABLE TRUST 447 PEAVEY RD WAYZATA, MN 55391 ROBERT J. ROSEN 2005 QPRT NANCY ROSEN 2005 QPRT 1 127 LAKE AVE GREENWICH, CT 06831 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 WESTHAVEN REALTY LLC 1 127 LAKE AVE GREENWICH, CT 06831 HAGOPIAN & PENNINGTON,LLC-NORRIS,A.D.III C/O BRENTWOOD ASSOC & T.M. PENNINGTON 1 1 150 SANTA MONICA BLVD 1200 LOS ANGELES, CA 90025 MILL RACE CONDOMINIUM ASSOCIATION JULIE GRIMM 1000 S FRONTAGE ROAD, WEST #200 VAIL, CO 81657 MILL RACE CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT 1 , SUITE 200 VAIL, CO 81657 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81 657 16 Vail Cascade Residences Mauriello Planning Group, LLC KOENIG, HOWARD P. 7 BREAKERS AISLE DANA POINT, CA 92629 YELLOW BIRD LTD C/O CASCADE VILLAGE 1476 WESTHAVEN DRIVE VAIL, CO 81657 PETERSON, JERRY W. 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