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HomeMy WebLinkAboutPEC070017co.ina$ltY OE\,lLttugr{t Planning and Environmental Commisson ACTIOII FOR}4 Departm€nt of Communlty D€velopment 75 South Frontage Road, Vail, Colorado 81557 tsl:970.479.2139 faxi970.479.2452 web: tYrvw.vailgov.cottt Project Name: Project DescriPtion: SDD #4, CASCADE VILI.AGE PEC Number: PEC070017 RNAL APPROVAL FOR AN AMENDMENTTO SDD#4 TO DESIGNATE ALLOWED LAND USES ON TMCT K Pardcipants: APPUCANT TOWNOFVAIL O3l 1912007 Phone: 970479-2100 75 S FRONTAGE RD VAIL co 81657 License: 463-8 OWNER TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL co 81657 Project Address: 890 s FRoNTAGE RD WEST VAIL Locauon: 890 s FRoNTAGE RD W Legal DescriPtion: Lot: K Block: Subdivision: GLEN LYON SUB' Parcel Number: 2103-121-0900-2 Comments: BOARD/STAFF ACTION Motion By: Second By: Vote: Condltions: K]ESBO CLEVEI.AND 7-0 Action: APPROVED Date of Approvalz Ml09l2O07 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: 113 All development applications submitted to the Town after the effective date of Ordinance 26, Series 2006 shall be subject to the pending employee housing regulations in whatever form they are finally adopted; provided, however,.that if- thi Town fails to adopt the pending employee housing regulations by April t5' 2OO7 ' this Ordinance shall not apply to such development applications' Cond: CON0008834 A. The following uses shall be permitted in Development Area E (i.e. Tract K) of Special Development Dlstrict #4, Cascade Village: 1. Bicycle and Pedestrian Paths. 2. Interprefive nature walks. 3. Nature preserves, 4. Passive outdoor recreation areas and open spaces. B.The following conditional uses shall be allowed in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village, subject to the issuance of a conditional use Permit: 1, Public parK, 2. Public utility and public service uses' 3. Access roads, 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereot with the exception of buildings. Planner: Bill Gibson PEC Fee Paid: $1,250'00 Special Development District (SDD) Application for Review by the Planning and Environmental Commission Depatrnent of Community Development 75 South Frontage Road, Vail, C-olondo 81657 teY 97O.479.2L28 fax: 970'479'2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submiftal requirements for the paticular approval that is requested' An application for Planning and Environmental Commisdon review cannot be accepted until all required information is reciived by the Community Development Depaftment. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type ofApplicaUon and Fee: $6s0 $400 $6s0 $800 $1s00 $2s0 $1300 $s00 $200 -t) $p o { g E>v tr tr tr tr D tr tr F the ."?- Location of the : Lot:-Block:- Subdivision: Physical Address: O Conditional Use Permittr FloodplainModificationD Minor Exterior Alterationtr Major Exterior Alterauontr Development Plantr Amendment to a Development Plantr Zoning Code AmendmentE Variancetr Sign Variance Rezoning Major Subdivision Minor SuMivision Exemption Plat Minor Amendment to an SDD New Special Development District Major Amendment to an SDD Major Amendment to an SDD (n o exterio r m od ifi a tion s) $1300 $1s00 $6s0 $6s0 $1000 $6000 $6000 $12s0 parcet No.: Z lO t 6b t( OOo03(contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Name(s) of Owner(s): Mailing Owner(s) Signatur€(s): Name of Applicant:\J \.^' E-mail Address: *++++f+***++***t****t+***+*l++++++**:l+*'i*********t++*+*++ff+f++**r*********++**'l+++f++++*t+* Stat€mentTOWNOFVAIL, COIORADO +********+***{'**f+**+**'}*'}***++laa*******a*+****+ttr**{,*+***aff********++'t'rr***t******tt+**** Stat,ement Number: R070000310 Amount.: 91,250.00 03/L9/200704:15 pM Payment Method: Check Init: iISNotation: 7347 /B.;ATIrEIr & PETERSON Permit No: PEC0?0017 Type: PEC -Uaj SDD No Ext Chg Parcel No: 2LOL-O72-L600-l Site Address: 845 FOREST RD VAIIr Location: 890 S FRONTAGE RD W Total Fees: $1,250. O0 This Payment: S1,250.00 Total AJ.rLr Prnts: $1,250.00Balance: $0.00 ACCOI,JNT ITEM LIST: Accorrnt Code Description Pl/ OO1OOOO31125OO PEC APPTICATION FEES Current Ptnta 1,250.00 Amendment to SDD l*4 The purpose of this Amendment to SDD #4 is to allow for the construction of a snow cat accass route to Cascade Way. This application is the sarne as the previous application which was passed by the Town Council on first reading and then tabled until the Covenant Amendment was approved by 75o/o of the Owners in the Glen Lyon Subdivision. (Such percentage based upon land ownership). The Amendment was later withdrawn due to the time lapse between readings. The previous submittal documentation and memos are still appropriate and relevant as this submittal is the same except for a slight re-alignment ofthe access way as itjoins Cascade Way. The re- alignment was at the request of various owners in Glen Lyon and results in less retaining walls and a safer entrance onto Cascade Way. A new drawing is attached showing the adjustrnent. SDD #4 Amendment Adjacent Property Owners List March,2007 TOWNOFVAIL 75 SOUTH FRONTAGE ROAD VAIL, CO 81657 l VAIL CORP PO BOX 7 VAIL, CO 81658 l GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS IOOO S FRONTAGE RD W STE 2OO VAIL, CO 81657 l U.S. DEPARTMENT OF AGRICULTURE FOREST SERVICE 24747 U, S. HIGHWAY 24 MINTURN, CO 81645 l ROBERT J. ROSEN 2OO5 QPRT NANCY FREEDMAN ROSEN 2006QPRT ll27 LAY\E AVENUE GREENWICH, CT 0683I l HAGOPIAN & PENNINGTON LLC C/O BRENTWOOD ASSOCIATES 11I50 SANTA MONICA. CALIFORNIA 90025 THIS ITEM MAYAFFECTYOUR PROPERTY PUBLIC NOTICE NOTTCE lS HEREBY GIVEN that the Planning and Environmental commission of the Town of Vail will hold a public hearing in accordance with section 1?-3f : vail Town Code, on , April 9, 200?, at 1:00 pmin the Town of Vail Municipal Building, in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12'7N12' Exterior Alterations or Modifications, Vait Town Code, to allow for the addition of an entry teature, located at 292 East Meadow Drive (Mountain Haus), part of Tract B, Vail Village Filing 1 , and setting forth details in regard thereto' (PEC07-0012) Applicant Vail Estates, represented by Paul Smith Planner: Bill Gibson A request for final review of the prescribed zoning regulations, pursuant to Section 12-3- z, Amendment, Vail Town Code, to allow for modifications to Section 12-6A'9' Site Cou"r"g", Vail Town Code, to increase allowable site mverage from 15% lo 20o/o, Spraddie breek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road' Lots 1-15, and setting forth details in regard thereto. (PEC07-0013) nppfi."nti Sprad-ae Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Wanen CamPbell A request for final review of an amended final plat, pursuant !9_ chapter 13-12' Exemption plat Review Procedures, Vail Town Code, to allow for modifications to platted gross residential floor area and site coverage limitations, located at 914 Spraddle Creek Foad, Lots 1-15, Spraddle Creek Estates SulOivision, and setting forth details in regard thereto. (PEC07-0014) nppfi*.t, Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren CamPbell A request for a final review of an amended final plat, pursuant .to Chapter 13-12' exembtion Plat Review Procedures, Vail Town Code, to amend the platted building Jnu"fip" (Lot 1), within the Eleni Zniemer Subdivision located al1677 Buffehr Creek Road/Lots'1, Eiini Zniemer Subdivision, and setting forth details in regard thereto' (PECo7-0015) Applicant: Doug Weltner Planner: Wanen CamPbell Page 1 A recommendation to the Vail Town Council of a major amendment to a Special ,rnil* Development District (SDD), pursuant to Section 12-gA-10, Amendment Procedures, I',.-,tA, - Vaif Town Code, to ailow for an amendment to Special Development District No. a, )ll'l- if Cascadd Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC07-0017) Applicant Vail Resorts, represented by Jay Peterson Planners: Bill Gibson The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Pf ease call 97 O-47 9-2 1 38 for add itional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing lmpaired, for information. Pubfished March 23, 2007,in the VailDaily. Page 2 MEMORANDUM Town Council Community Development Department .^fffi:' TO: FROM: DATE: SUBJECT: May 15,2007 Ordinance No. 11, Series of 2007, an ordinance amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon SuMivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Jay Peterson Planner: BillGibson DESCRIPTION OF THE REQUEST The applicant, Vail Resorls, represenled by Jay Pelerson, is requesting a major amendment to Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon Subdivision. The applicant's primary purpose for this application is to designate Track K as a separate development area to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District and the former gas station sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). BACKGROUND On April 9, 2007, the Town of Vail Planning and Environmenlal Commission voted 7-0 to forward a recommendation of approval for the proposed amendments to Special Development District #4, Cascade Village. The Commission's recommendation was based upon the review of the criteria noted in the April 9, 2007, statf memorandum and the evidence and testimony presented, with the findings noted in lhe same staff memorandum. A copy of the Aprilg, 2007 staff memorandum has been attached for reference (Attachment A). Ordinance No. 11, Series of 2007, has been attached for review (Attachment B). This ordinance has been drafted to include the allowable and conditional land uses for Development Area E as recommended by Staff and the PEC, and agreed upon by the applicant. On May 1 , 2ll7,the Town Council approved Ordinance No. 1 1, Series of 2007, on first reading by a vote of 5-0-0. CRITERIA FOR REVIEW The criteria outlined in section Vl of the statf's April g,2OO7, memorandum to the Planning and Environmental Commission shall be used as lhe principalcriteria in evaluating the merits of the proposed special development district. lt shall be the burden of the applicant to demonstrate that submittal material and the proposed ilt. lv. development plan comply with each of the following slandards, or demonstrale that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 11, Serles of 2OO7, on second reading to amend Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon SuMivision. Staff's recommendation is based upon the review of the criteria noted in the April 9, 2007, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 11, Series of 2007, on second reading, the Community Development Department recommends the Town Council makes the following findings: "The Town Council finds that the applicant has demonstrated to the satisfaction of the Council, based upon the evidence and testimony presented: 1. That the proposed major amendment complies with the standards outlined in the design criteria of Section 12-9A-8, Vail Town Code, based upon the review outlined in Section VI of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the proposed major amendment is consistent with the adopted goals, objectives and policies outlined in the Vailcomprehensive plan and compatible with the development objectives of the Town, based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and; 3. That the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and, 4. That the proposed major amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission." V. ATTACHMENTS Attachment A: Staff memorandum to PEC dated April 9,2007 Attachment B: Ordinance No. 'l1, Series of 2007 TO: FROM: DATE: SUBJECT; Vail Town Council Attachment: A Ptanning and Environm"ffi Department of Community Development April9,2007 A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuantto Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forlh details in regard thereto. Applicanf: Vail Resorts, represented by Jay PetersonPlanner: BillGibson il. SUMMARY The applicant, Vail Resorts, represented byJay Peterson, is requesting afinal reviewof a major amendment to Special Development District #4, Cascade Village (SDD #4), to allow for a new development area located atTract K, Glen Lyon Subdivision. Based upon Staff's reviewof the criteria in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Plhnning and Environmental Commission foruards a recommendation of approval, with conditlons, to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village. DESCRIPTION OF THE REOUEST The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major amendment to Special Development District #4, Cascade Village (SDD #4), to designate Tract K, Glen Lyon Subdivision, as a new 'development area' (i.e. Development Area E) within SDD #4. The primary purpose for lhis application is to designate Tract K as a separate development area to facilitate the construction of a new snowcal access road generally located south of the Eagle River Water and Sanitation District (ERWSD) and former gas station sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). Tract K is currently designated as part of the "Dedicated Open Space" area of SDD #4. The provisions of SDD #4 have not, and do not, include any approved development plan nor any established development paramelers for the Dedicated Open Space areas (including Tract K). SDD #4 does not designate any permitted uses, conditional uses, or accessory uses for the Dedicated Open Space. While the primary purpose for this application is to designate Tract K as a separate development area to facilitaie the construction of a new snowcat access road, another purpose for this proposed major amendment is to establish a list of allowable land uses for Tract K. The applicant's proposed permitted uses for Tract K are similar to those within the Open Space and Rdcreation Districts established by Chapter 12-8, VailTown Code (e.9. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Sk' Base Recreation 2 Districts). The applicant has proposed that the following land uses be permitted within Developmenl Area E (i.e. Tract K): 1. Utility conidors and improvemenls 2. Mountain accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consislency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Code, Staff recommends the following uses be permitted on Tract K: 1. Bicycle and Pedestrian Paths. 2. InterPretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Also for consistency with the terminology of Chapter 1 2-2, Definitions, Vail Town Code, and for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Cod6, Staff also recommends the following conditional uses be allowed on Tract K, subject lo the issuance of a conditional use permit: 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Skitrails. 6. Snowmaking facilities. 7. Other uses 6ustomarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. A more complete description of the applicant's request (Attachment B) has been attached for relerence. ItI. BACKGROUND The following is a brief summary of Tract K and SDD #4 history which is relevant to the proposed major amendment: r March 1 976: Ordinance 4 of 1976 - Town of Vail annexes "Lionsridge" area . March 1976: Ordinance 5 of 1976 - SDD #4 established, Tract K is part ol development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas A,B,&C. November 1977: Ordinance 28 ot 1977 - SDD #4 "Dedicated Open Space" development area designation created; however, the properties in this area are not identified. April 1978: Glen Lyon covenant restrictions are adopted forTracts B, C, D, E' F' G' H, J, K & "stream tract". July 1978:Tract K is deeded from Gore Creek Associates to the Town of Vail. August 1 983: conditional use permit approved 'to construct the Westin-Ho ski trail in Special Development District #4". June 1986: conditional use permit approved 'in order to construct a ski lift at Cascade Village" June and September 1987: Glen Lyon covenants amended to allow bridges' lifts' mazes, trails, equipment, etc. for Tracts J, H, & "stream tracl". December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with "ski lift" conditional use allowed in areas A, B, & C. July 12, 2004: Ptanning and Environmental Commisslon fonrards a recbmmendation of approval to the Town Council for thismaior amendment to a Speclal Development District (SDD) to allow for a new development area located at Tract K. . August 3, 2004: the Town Council adopted Ordinance 17, Series of 2004, on tirsi reaAlnq for this maior amendment to a Special Development District iSDDt to atlow for a new development area located at Tract K. . Fall 2004 through Spring 2005: the Town Council tabled the ggdgdi4q ot ordinance 17, series ol 2004, on muttlple occasions while vail Resorls negotiated with the other SDD property owners to resolve the related prlvate covenant issues. . Spring 2005: Vall Resorts withdrew the application due to unresolved private covenant negotiations. The Design Review Board had previously reviewed and approved.the proposed sry]vcat access ro-ad. The Planning and Environmental Commission and the Town Council have previously approved a retaining wall height variance to facilitate the construction of the access road. tv.APPLICABLE PLANNING DOCUMENTS TITLE 1 2: ZONING REGULATIONS Article 12-9A: Special Development Districts (in part) 12-9A-1: PURPOSE: The purpose of the speciat development district is to encourage flexibility and creativity in the devetopment of land in order to promote its most appropriate use; to inpr.ove the design charActer and quatity of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserue the natural and sceiic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall estabtishthe requirementsfor guiding developmentand uses of propeny included in the special development district. The special development district does not apply to and is iot avaitabte in the fotlowing zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A'6 of this afticle. TOWN OF VAIL LANDUSE PLAN Chapter Vl-2: Key Goals D. Parks and Open SPace: 2)The preseruation of open spacewas determined to be a high priority. The improvement of existing parks and open space areas, in @ncert with continued purchase of open space by the Town of Vail were both id e ntifi ed as Prio riti es. Chapter Vl-4: Proposed Land Use Categories (in part) OS Open SPace: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were ctassified as undevelopable due to high hazards and slopes over 40/" are also included within this area. These hillside areas would still be allowed Wpes of development permitted by existing zoning, such as one unit per 35 acres, for areas-in agricultural zoning. Also, permifted in this area would be i n stituti o n al/P ub I ic u se s. TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN Tract K is not addressed by the Comprehensive Open Lands Plan. SITE ANALYSIS Legal Description: Zoning: Lot K, Glen Lyon Subdivision Special Development District #4 Land Use Plan Designation: Open Space V. Current Land Use: Lot Size: Open Space and the Cascade Way trail 362,518 sq. ft. (8.3223 acres) 4 B. CRITERIA FOR REVIEW A. Design compatibllity and sensitivity to the immediate environment, neighborhood and adlacent properties relative to archltecturaldeslgn, scale, bulk, building helght, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Additionally, Statf believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983. Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow for the construction of buildings. The proposed snowcat access road was reviewed and approved by the Town of Vail Desiln heview Board; therefore, Staff believes the proposed major amendment is compatible and sensitive to the immediate environment, neighborhood and adjacent properties. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Statf believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Additionally, Statf believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983; therefore, Staff believes the proposed major amendment is compatible, efficient and workable with the surrounding uses and activities. Compliance with parking and loading requirements as outlined in Ghapter 12-10 of the vail Town code. Staff does not believe that this major amendment is affected by the parking or loading requirements of Chapter 12-10, Vail Town Code. Therefore, Staff does not believe this criterion is relevant to this application. Conformlty with the appllcable elements of the Vail Gomprehensive Plan' Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during ihe review process for the establishment of a special development district. Tract K is designated as "Open Space" by the Vail Land Use Plan. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: G. D. F. Chapter Vl-2: Key Goals D. Parks and Open Space: 2) The preservation of open space was determined to be a high priortty. The improvement of existing parks and open space areas, in concert with continued purchase of open space by the Town of Vail were both identified as priorities. Chapter Vl-4: Proposed Land Use Categories (in part) OS Open Space: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40%o are also included within this area. These hillside areas would stillbe allowed types of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. AIso, permitted in this area would be institutio nal/publ ic u ses. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.9. Agriculture and Open Space, Ouldoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail Land Use Plan. ldentification and mitigation of natural and/or geologlc hazards that aftect the property on which the special development distrlct is proposed. According to the OfficialTown of Vail Geologic Hazard Maps, Development Area E (i.e. Tract K) is not located in any geologically sensitive areas or within the 1 00-year floodplain. Therefore, Staff does not believe this criterion is relevant to this application. Slte plan, building deslgn and location and open space provisions designed to produce a functlonal development responsive and sensitive to natural features, vegetation and overall aesthetlc quality of the community. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Statf believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major amendment complies with this criterion. Additionally, Statf believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983. The proposed snowcat access road was reviewed and approved by the Town of Vail Design Review Board; therefore, Staff believes the proposed major amendment is functional, responsive and sensitive lo natural features, vegetation and overall aesthetic quality of the community. A circulation system deslgned tor both vehicles and pedestrians addressing on and off-site tratfic circulation. The proposed major amendment will facilitate the construction of a new snowcat access road. This proposal will remove Vail Resorts'winler mountain maintenance traffic from public streets (i.e. West Forest Road). Staff believes this will have a positive affect on traffic llows and tratfic safety. Additionally, the proposed major amendment will not negatively impact use of the existing Cascade Way trail or the existing bike trail along Gore Creek;therefore, Staff believes the proposed major amendment complies with this criterion. Functional and aesthetlc landscaping and open space in order to optimize and preserve natural features, recreatlon, vlews and functions. The proposed major amendment allows for uses within Development Area E (i.e. Tracl K) which are consislent with uses allowed in the Town's Open Space and Recreation zone districts (e.9. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recrealion, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, statf believes the major amendment complies with this crilerion. Phasing ptan or subdivision plan that will maintain a workable, functlonal and eflicient relationship throughout the development of the special development dlslrlct. As there is no phasing or subdivision plan associated with the major amendment, Staff does not believe this criterion is relevant to this application. STAFF RECOMMENDATION The Gommunity Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village. The Staff's recommendation of approval is based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence presented on this application subject to the following finding: "The Planning and Environmental Commission finds that the applicant has demonstrated to the satisfaction of the Commission, based upon the evidence and testimony presented: 1 . That the proposed major amendment complies with the standards outlined in the nine design criteria of Section 12-gA-8, Vail Town Code, based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the proposed major amendment is consistent with the adopted goals, obiectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and,; and, 3. That the proposed major amendmentis compatible with and suitable to adjacentuses and appropriate for the sunounding areas based upon the review outlined in Section Vl of the Staff's April g, 2A07, memorandum to the Planning and Environmental Commission; and,; and, 4. That the proposed major amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserues and enhances its natural environment and its established character as a resort and residential community of the highest quality based upon the review outlined in Section Vl of the Staff's April9,2007, memorandum to the Planning and Environmental Commission. Should the Planning and Environmental Commission choose to approve this major amendment request, the Community Development Department recommends the following conditlons: 1. The following uses shall be permifted in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village: 1. Bicycle and pedestrian Paths. 2. lnterpretive nature walks. 3. Nature Preserues. 4. Passive outdoor recreation areas and open spaces. 2. The following anditional uses shall be allowed in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village, subject to the issuance of a conditional use Permit: 1. Public pa*s. 2. Public utiliU and public seruice uses. 3. Access roads. 4. Skilifts and tows. 5. Skitrails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permifted and conditional uses and necessary for the operation thereof, with the exception of buildings. VIII. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Applicant's request Attachment C: Draft Ordinance No. 11, Series of 2007 Attachment D: Public Hearing Notice Attachment: Attachment B Amendment to SDD #4 The purpose of this Amendment to SDD #4 is to allow for the constuction of a snow cat access route to Cascade Way. This application is tle same as the previous application which was passed by the Town Council on fust reading and then tabled until the Covenant Amendment was approved by 75% of the Owners in the Glen Lyon Subdivision. (Such percentage based upon land ownership). The Amendment was later withdrawn due to the time lapse between readings' The previous submittal documentation and memos are still appropriate and relevant as ttris submittal is the sarne except for a slight re-alignment of the access way as it joins cascade way. The re- alignment was at the request of various owners in Glen Lyon and results in less retaining walls and a safer entrance onto Cascade Way. A new drawing is attached showing the adjustment. Attachmbnt B PROPOSED AMEI\IDMENT TO GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4 June 1,2004 PURPOSE OF' TIIIS AMENDMENT This proposed ameirdment to SDD #4 has evolved out of Vail Resort's proposal to develop a new snowcat accessway from the VR Mainte,lrance Yard to Vail Mountain. A portion of this accessway is located on Tract K which is a part of SDD #4. The purpose of this SDD arnendment is to correct and clarify existing and allowable uses within Tract K. BACKGROI'ND ON SDD #4 SDD fl4 was originally approved in 1976. This SDD is unique from most other SDD's in two respects. Ordinance 5 of 1976 makes no mention ofthe SDD's underlying zone distict. Typically a SDD references an underlying zone district and this zone district then establishes land uses permissible within the SDD. Secondly, SDD #4 includes reference to specific permitted, conditional and accessory nses that are allowed in the SDD. SDD #4 has been amended a number of times over the years- Amendments have addressed a range of topics, primarily allowable uses, develoPment level and changes to development areas. When originally approved in 1976, SDD fl4 was divided into four distinct "development areas". Development Areas A-D consisted of approximately 97 acres and allowed for a wide variety of uses which in hindsight are quite consiste,nt with Glen Lyon's existing mixed-use character. Inlg7l SDD #4 was amended to include the same fourDevelopment Areas (Areas A-D) with the addition of a 40.4 acres "Dedicated Open Space" category. There is no indication in the SDD what, if any, uses are permissible in the 40.4 acres of "Dedicated Open Space". As indicated nthe 1977 arne,ndment, the total land area of the SDD was approximately 92 acres. SDD #4 was amended a number of times following the 1977 amendment, most recently in 1998. There is no indication in any of these amendments as to what land uses are permissible within the "Dedicated Open Space" category. Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the TownofVail in 1978. BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY Vail Resort's submitted plans to the Town this past fall in order to construct a new snowcat accessway. This new accessway is intended to provide a new snowcat route to Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road. A portion of the snowcat accessway is located on Tract K. As such, VR requested and was granted permission by the Town Council to proceed through the review process in order to obtain approvals for the snowcat accessway (and related improvements including a new snowrnaking intake/vaul! water lines, bridge, retaining walls and laudscaping). VR has all but completed this review process. The PEC has approved a variance to maximum retaining wall heights and the DRB has approved the design of the project. The Town Council has approved two of the four easements necessary for the project and a building permit application has been submitted for the snowmaking intake/vault portion ofthe project. In April of 2004 a lgg6letter was provided to the Town from a property owner in the Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to the Glen Lyon neighborhood. The letter outlined a process for the review of a new mountain access road that would be located in part over Tract K. The accessway location. and design contemplated in 1996 was very similar to the plans currently being proposed by VR. This letter indicated that the :rccessway would require amendments to SDD #4. In deference to this 1996 letter, it has been determined that in order for the new snowcat accessway to proceed SDD #4 will need to be amended in order to allow for snowcat accessways on Tract K. In addition, it has been determined that the existing Westin Ho skiway was likely approved in error. While a conditional use permit for this skiway was approved in 1983, there appears to be no basis for this request as neither "skiway''or "catwalk" appear to be a pe.rmitted or conditional use within Tract K. This condition will also be remedied by the proposed amendment to SDD *f4. PROPOSEDAMENDMENTS The following amendments and development approvals are proposed to SDD #4: r Create a new development area - Development Area E, this area will consist of "Tract K".. Establish allowable uses within Development Area E to include: Permitted Uses l. Utility corridors and improvements 2. Mountain accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements . Approve a development plan for Tract K-Development Area E. This plan includes all or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the bridge and the snowcat accessway. An existing conditions map and a development plan are provided herein. In order to more clearly define the approved development plan for Tract K it is anticipated that the ordinance approving this SDD amendment can also reference the previously approved plans for the bridge, snow-making facilities, accessway and retaining walls located within Tract K. REVIEWCRITERIA The following desip criteria shall be used as the principal criteria in evaluating the merits of the proposed special development distict. It shall be the burden of the applicant to dennonstrate that submittal material and the proposed development plan comply with each ofthe following standards, or dernonstrate that one or more of them is not applicable, or that apractical solution consistent with the public interest has been achieved: A. Compatibility: Desip compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectual design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Response Numerous snowcat access alignments have been studied over the years. The proposed route minimizes impacts ou the site aad imFacts to surrounding neighborhoods. When compared to the existing snowcat route up West Forest Road, the proposed route presents a much more sensitive solution for the immediately surrounding neighborhoods and the community as a whole. B. Relationship: Uses, activity and density which provide a compatible, efiicient and workable relationship with sunounding uses and activity. ResDonse The limited uses proposed for Development Area E are consistent with Tract E "opeir space dedication" desigtation, with existing uses of Tract E and with surrounding uses and activities. C. Parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Tifle. ResDonse Not applicable. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Response The removal of snowcats from West Forest Road is a stated goal of the Lionshead Redevelopment Master Plan, an element of the Vail Comprehensive Plan. E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and./or geologic hazards that affect the property on which the special development district is proposed. Response A geotechnical analysis has been completed in conjunction with the design of the snowcat access road. F. Design Features: site plan, building desigr and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Response The snowcat accessway has been designed in order to minimize both cuVfill slopes and site disturbance. An extensive landscape restoration plan has been proposed as a part ofthe bridge/snowcat accessway. G. Traffic: A circulation system desigrred for both vehicles and pedestrians addressing on and off-site traffic circulation. Response The new snowcat access is proposed in order to remove snow cats from West Forest Road. This change will result in a much safer roadway condition and a reduction oftraffic on this road. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Response A landscape plan has been provided as an element of the development plan for the bridge and snowcat accessway. L Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. (Ord. 2l(1988) $ l) Respons€ Initiallyiroposed to be developed in one phase, the project is now likely to be developed in two phases. Phase I is expected to consist of the new snowmaking intake/vault, new snowmaking lines up Vail Mountain and anew bridge over Gore Creek. Phase I would be done the surnmer/fall of 2004. Phase tr would consist of the snowcat accessway up Vail Mormtain. The timing for completion of Phase tr is to be determined. If the SDD amendmentprtrcess is resolved in a timely manner the accessway could be constucted in 2004. As an alternative, it is anticipated ttrat the aocessway would be constucted in 2005. SiFUTNOO ONISOG 3 V:IJY llEvldo-B/Lilo - ) .lcvEr tf ocE l,lc 1rcrp :.5ii?.ft:ini$tiFl$iil#H $N W NNNffi4l ul uJ(E Fz. tU (Lo_l tU ulo \Z FO IEFU' $6;tr;io 26AO>(tJz.?Fils)_lx ct ul itiirii '\ -_J iffiif\:iiil i"i (,..4 WN iiiiiiiiiiiiiiliil'Nii i ; r'=, tffiffiiiiiiiiiiiirt*irWWN N ,e\EN i'r ir,iiii { Flltl' - ?tBiLt€rlfgl-d'cNt oNru33NrcN3 =r*+g NV-|J l}Erl&-tflrc 3 \/tst|v ltcl!'ldo-8,\3o - ) lt\n '| CICIS lilol'l t€rD tN$$ i,,li:,Ni: :i\i'lri,fN* Fo CEt-7s<+Jo3 BZz>r)L-9 qH do N tlirJ H$ 'rt. ' \ ft \." Nit )rrtt $ ' ,',1$ \ ili rtc'ill liiN ;li',,\"",j ','\\iiiiii ,[i] ,,I'--+. \ :N '/; \, ii\il: i,t.'r\/.i-\ | o&arr ORDINANCE NO.11 Series ol2O07 AN ORDTNANCE AMENDING ORDINANCE NO. 11, SERIES OF 1999, SPECIAL DEVELOPMENT DISTRICT NO.4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION' AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the VailTown code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its April 9,2007 public hearing, and has submitted its recommendation to lhe Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend Special Development District No' 4. Attachment G NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 11, Series of 1999, is hereby amended as follows: (deletions are shown in elrike{hre{rCh/additions are shown in bold italics) Established A. Special Development District No. 4 is established for the development on a parcel ol land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No.4 and the 97.955 acres may be referred to as "SDD No. 4". B. The district shall consist of four separale development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Development Area Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Tract K Dedicated Open SPace Roads TOTAL Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in strike+hreugre/additions are shown in bold itallcs) Development Plan - Requhed - Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan lor Development Area E shall be established through the review and approvat of a design review applicatton and/or condltlonal use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the MunicipalCode. Section 3. Ordinance No. 28, Series ol 1998, is hereby amended as follows: (deletions are shown in s{rike-{hreug$/additions are shown in bold itallcs) Permifted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses lisled in section 12- A B c D E 4& %ee Acreaoe 17.955 4.000 9.100 1.800 8.322 32.078 4.700 97.955 7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or fu+ 'street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor lwels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space haMng a maximum square footage of 925 square feet located on the first floor on the northwesl corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling ; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 1 2-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium' B. Area B, Coldstream Condominiums 1. Two{amily dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1, Single family dwelling; 2. Two{amilydwelling. 3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the MunicipalGode. D. Area D. Glen Lyon CommercialSite 1. Business and professional offices; 2. Employee dwelling as defined in Section 12'13 oI the Municipal Code. Qpq*u E- Area E, Tract K 1. Bicycle and pedestrian Paths. 2. lnterpretive nature walks. 3. Nature preserues. 4. Passlve outdoor recreation areas and open spaces' Section 4. Ordinance No. 28, Serles of 1998, is hereby amended as follows: (deletions are shown in etrike+hr+rug#/additions are shown in bold italics) ConditionalUses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling unils in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or lransient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Specialattraction; 4. Skilifts; 5. Public park and recreationalfacilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. %,*e B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Skilifts. C. Area C, Glen Lyon Primaryisecondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Arba D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town ot Vail Municipal code, Qhapter 12-2. E. Ara;p E,Tract K 1. Public parks. 2. Public utllity and public seruice u*s- 3. Access roads. 4. Skl llfts and tows. 5.8k1trails. 6. Snowmaki ng f aci I ities. 7. Other uses customarily incidental and accessory to prmitted and conditional u*s and necessary for the operation thereof, with the exception of buildings. Section 5. lf any part, seclion, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity . of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parls, sections' subsections, senlences, clauses or phrases be declared invalid' /\t' /-i\=*"n""4,Ah Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the eflective date hereof, any prosecution @mmenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. section 8. All bylaws, orders, resolulions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolutiOn or ordinance, or part thereof , theretofore repealed. INTRODUGED, READ ON FIRST READING, APPROVED' AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1"t day of May, 2007, and a public hearing for second reading of this Ordinance set for the 15h day of May,2007, in the council chambers of the Vail Municipal Building, Vail, colorado. Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk .1..\I I t:,\'. -4 -.. Tr*/;"F' -,r-4J .xt'r\ h$ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this - day ot -.-..........- 2007 Attest: Rod Slifer, Mayor Lorelei Donaldson, Town Clerk Attachment D . THIS ITEM MAY AFFECTYOUR PROPERW PUBLIC NOTICE NOTICE tS HEREBY GIVEN that the Planning and Environmental commission of the Town of Vail will hotd a puotic nearing in accoidance with section 1?+:6., Vail Town il;,;n, Apiil s, zoOi ;i 1:00 pm-in the Town of Vail Municipal Building' in consideration of: A request for a final review of a major exterior alteration, pursuant to Section 12'74-12' Exterior Alterations or frfoOificaiion", V"it Town Code, to aliow for the addition of an entry feature, located at zgz eait rrrt""oo* Drive (Mountain Haus), Part of Tract B' Vail Village Fili;g i: anJ i"tting forth details in regard thereto' (PEC07-0012) Appii""nt, VaiiEstates, represented by Paul Smith Planner: Bill Gibson A request for final review of the prescribed zoning regulations, Pursuant to section 12-3- 7, Amendment, Vail fo*n Cod", to allow for irodifications to Section 12-6A-9' Site Coverage, Vail Town C"J", i"lit.rease allowable site coverage from 15% lo 2oo/o' Spi"OOi" br""X estates iuUiivision, located at 914 through 1326 Spraddle Creek Road' r_5t" i_r-s, "nd setting forth detaits in regard thereto. (pEc07-0013) nppfi*ii, - - Sprad-dte Creek Estrates Homeowners Association' represented by Dave Kaselak of Zehren and Associates Planner: Wanen CamPbell Arequestforfina|reviewofanamendedfinalplat,pursuanttoChapter13-12' Exemption plat Review Piocedures, Vail Town Code, to allow for modifications to plafted gross residential floor rt"" "no "it" coverage limitations, located at 914 Spraddle creek Road, Lots t-ts, spraloi" Ct""i r"t"tes Subdivision, and setting forth details in regard thereto. (PECO7-0014) ilpprii""t', - bpraddft Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Plannen Wanen CamPbell A request for a final review of an amended final ptat, pursuant..to chapter 13-12' Exemption Plat Review Procedures, Vail Town cod'e, to amend the plafted building envelope (Lot 1), witnin ine Aeni Ziti"m"r Subdivision located at 1677 Buffehr Creek Road/Lots 1, Eleni zniemer Subdivision, and setting forth details in regard thereto' (PEC07-0015) Applicant Poug Weltner Piannen Wanen CamPbell Page 1 A recommendation to the Vail Town council of a major amendment to a special-O"uliopr"nt Distdct (SoO), pursuant to Sect'pn 12-9A-10, Amendment Procedures' v"ii iorn Code, to "ilo* ioi an amendment to Special Development District No' 4' cascaoe virrage, to atlow for a new development area located at Tract K, Glen Lyon SrUOiui"ion, aid-setting forth details in regard thereto. (PEC07-0017) Applicant Vail Resorts, represented by Jay Peterson Planners: BillGibson The applications and information about the proposals are available for public inspection ffird;ffi; hours at tre iov,m of Vail Community.Development D-ep.artment' 75 South FiontZgJ Road. The puUri" ii inMted to attend project oie$ti91 1O^the site visits that pi"""Oiitn" public hearing in the Town of_Vail Community Development Department' i,lease call 970479-2138 for additional information' sign language interpretation is available upon request, with 2#hour.notification' Please citt gtO:-ql{-2356, ielephone for the Hearing lmpaired, for information. Pubfished March 23, 2007',in the Vail Daily' *:w Page2 Vail Town Council Attachment: B ORDINANCE NO.11 Series of 2007 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-gA-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its April 9,2007 public hearing, and has submitted ils recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interesl of the public health, safety, and welfare to amend Special Development District No. 4. NOW, THEREFORE, BE ITORDAINED BYTHETOWN COUNCILOFTHE TOWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4, Cascade Village, is hereby amended as follows: (deletions are shown in strike+h+euCh/additions are shown in bold italics) Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4". B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Knovwr As Cascade Village Coldstream Gondominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Tnct K Dedicated Open Space Roads TOTAL Developmenl Area A B c D E 4e,490 Acreaoe 17.955 4.000 9.100 1.800 8.32 32.078 4.700 97.9s5 Section 2. Special Development District No.4, Cascade Vlllage,, is hereby amended as follows: (deletions are shown in €tril€+hr€sgHadditions are shown in bold italics) Development Plan - Required - Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerslone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the rcview and approval ol a design review application and/or condltlonal u* permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section '12-9A of the MunicipalCode. Section 3. Speclal Development Distrlct No. 4, Cascade Vlllage, is hereby amended as follows: (deletions are shown in €tril€+hr€sgryadditions are shown in bold ltalicsl Permitted Uses A. Area A. Cascade Village B. c. 1. First floor commercial uses shall be limited to uses listed in Section 12- 7B-3, (Commercial Core 1), of the Municipal Code. The 'first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, thealer, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling ; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 1 2-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. Area B, Coldstream Condominiums 1 . Two-f amily dwelling; 2. Multi-family dwelling. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the MunicipalCode. D. Area D. Glen Lyon CommercialSite 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. ArcaETnctK 1. Bicycle and pedestrian paths. 2. Interpretlve naturc walks. 3. Nature preserues. 4. Passive outdoor recreation areas and open spaces. Sectlon 4. Special Development District No.4, Cascade Village, is hereby amended as follows: (defetions are shown in s*iko+reugHadditions are shown in bold itallcs) ConditionalUses C,onditional uses shall be reMewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractionalfee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Specialattraclion; +. Skilifts; 5. Public park and recreationalfacilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Skilifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Skilifts; D. Area D, Glen Lyon CommercialSite 1. Micro-brewery as defined in Town of Vail Municipalcode, Chapter 12-2. E. Area E, Tract K 1. Public parks. 2. Public utility and public seruice uses. 3, Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaklng facilities. 7. Other uses customarily lncldental and accessory to permitted and conditional uses and necessary for the operation thereot, with the exception of bulldings. Section 5. lf any part, section, subsection, senlence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 7. The amendment of any provision of the Town Gode as provided in lhis ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the etfective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 'l$ day ol May, 2007, and a public hearing for second reading of this Ordinance set for the 15h day of May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this - day ot _,2007 Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk t I Ae,'o'J G<\TO: FROM: DATE: SUBJECT: MEMORANDUM Town Council Gommunity Development Department May 1, 2007 '* ,,'u Ordinance No. 11, Series of 2007, an ordinanqe amending Special Development District #4, Cascade Village, to allow for the creation of Development Area E, Jocated at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Jay Peterson Planner: BillGibson DESCRIPNON OF THE REOUEST The applicant, Vail Resorts, represented by Jay Peterson, is requesting a major amendment to Special Development District #4, Cascade Village, to allow for the creation of Development Area E, located at Tract K, Glen Lyon SuMivision. The applicant's primary purpose for this application is to designate Track K as a separate development area to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District and ihe former gas station sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). BACKGROUND On April 9,2007, the Town of Vail Planning and Environmental Commission voted 7-0 to forward a recommendation of approval for the proposed amendments to Special Development District #4, Cascade Village. The Commission's recommendation was based upon the review of the criteria noted in the April 9, 2007, staff memorandum and the evidence and testimony presented, with the findings noted in the same staff memorandum. A copy of the Aprilg, 2007 statf memorandum has been attached for reference (Attachment A). Ordinance No. 11, Series of 2007, has been attached for review (Attachment B). This.ordinance has been drafted to include the allowable and conditional land uses for Development Area E as recommended by Staff and the PEC, and agreed upon by the applicant. CRITERIA FOR REVIEW The criteria outlined in section Vl of the staff's April g,2OO7, memorandum to the Planning and Environmental Commission shall.be used as the principal criteria in evaluating the merits of the proposed special development district. lt shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. tv.STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 11, Series ol 2OO7, on first reading to amend S-p-ecial Development District #4, Cascade Village, to allow_for the.creation of Development Area E, located at Tract K, Glen Lyon Subdivision. statf's recomrirendation is based upon the review of the criteria noted in the April 9' 2007, staff memorandum to the Planning and Environmenlal Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 11, Series of 2007' on first reading, the Community Development Department recommends the Town Council makes the following findings: "The Town Council finds that the applicant has demonstrated to the satisfaction of the Council, based upon the evidence and testimony presented: 1. That the proposed major amendment complies with th9 standards outtined in the design criteria of Section 12-9A-8, VailTown Code, based upon the review outtined in Section Vl of the Staft's April 9, 2007' memorandum to the Planning and Environmental Commission; and, 2. That the proposed maior amendment is consistent with the adopted goats, obiectives and policies outlined in the Vailcomprehensive plan and compatibte with the development obiectives of the Town, based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Ptanning and Environmental Commission; and; 3. That the proposed maior amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas based upon the review outtined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and, 4. That the proposed maior amendment promotes the health, safety' morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserues and enhances its natural environment and its established character as a resort and residential community of the highest qualty based upon the review outtined in Section VI of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission." ATTACHMENTS Attachment A: Staff memorandum to PEC dated April 9,2007 Attachment B: Ordinance No. 11, Series of 2007 v. TO: FROM: DATE: SUBJECT: Vail Town Gouncil Attachment: A Ptanning and Environm""ffi Department of Community Development April9,2007 A recommendation to the Vail Town Council of a major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Cascade Village, to allow for a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. Applicant: Vail Resorts, represented by Jay PetersonPlanner: BillGibson SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major amendmentto Special Development District#4, Cascade Village (SDD #4), to allowfor a new development area located at Tract K, Glen Lyon Subdivision. Based upon Staff's review of the criteria in Section Vl of this memorandum and the evidence and teslimony presented, the Community Development Department recommends that the Planning and Environmental Gommission forwards a recommendation of approval, with conditions, lo the Vail Town Council of the proposed major amendment to Special Development District #4, Cascade Village. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major amendment to Special Development District #4, Cascade Village (SDD #4), to designate Tract K, Glen Lyon Subdivision, as a new'development area" (i.e. Development Area E) within SDD #4. The primary purpose for this application is to designate Tract K as a separate development area to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District (ERWSD) and former gas station sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). Tract K is currently designated as parl of the'Dedicated Open Space" area of SDD #4. The provisions of SDD #4 have nol, and do not, include any approved development plan nor any established development parameters for the Dedicated Open Space areas (including Tract K). SDD #4 does not designate any permitted uses, conditional uses, or accessory uses for the Dedicated Open Space. While the primary purpose for this application is lo designate Tract K as a separate development area to facilitate the construction of a new snowcat access road, another purpose for this proposed major amendment is to establish a list of allowable land uses for Tract K. The applicant's proposed permitted uses for Tract K are similar to those within the Open Space and iecreation'Diitricts established by Chapter 12-8, VailTown Code (e.9. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Bise Rbcreation 2 Districts). The applicant has proposed that the following land uses be permitted within Development Area E (i.e' Tract K): 1. Utility conidors and improvements 2. Mouhtain accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consistency wiftr tre provisions of Chapter 12-8, Open Space and.Recreation Districts, Vai, Town Cod6, Statf recommends the following uses be permitted on Tract K: 1. BicYcle and Pedestrian Paths. 2. Interpretive nature walks' 3. Nature Preserves. 4. Passive outdoor recreation areas and open spaces' Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Cod6, Staff also recommends the following conditional uses be allowed on Tract K, subject to the issuance of a conditional use permit: 1. Public Parks. 2. Public utilily and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Skitrails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. A more complete description of the applicant's request (Attachment B) has been attached for reference. III. BACKGROUND The following is a brief summary of Tract K and SDD #4 history which is relevant to the proposed major amendment: r March 1g76: Ordinance 4 of 1976 - Town of Vail annexes "Lionsridge" area . March 1g76: Ordinance 5 of 1976 - SDD #4 established, Tract K is part of development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas A,B,&C. November 1977: Ordinance 28 of 1977 - SDD #4 "Dedicated Open Space" development area designation created; however, the properties in this area are not identified. April 1978: Glen Lyon covenant restrictions are adopted forTracts B, C, D, E, F, G' H, J, K & "stream tract". July 1978: Tract K is deeded from Gore Creek Associates to the Town of Vail. August 1983: conditional use permit approved "to construct the Westin-Ho ski trail in Special Development District #4". June 1986: conditional use permit approved "in order to construct a ski lift at Cascade Village" June and September'1987: Glen Lyon covenants amended to allow bridges, lifts, mazes, trails, equipment, etc. for Tracts J, H, & "stream tract". December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with "ski lift" conditionaluse allowed in areas A, B, & C. July 12, 20(M: Planning and Environmental Gommisslon forwards a recommendation of approval to the Town Council for this maior amendment to a Special Development Dlstrict (SDD) to allow for a new development area located at Tract K. . August 3, 2004: the Town Gounclt adopted Ordinance 17, Series ol 2004, on first readino for thls major amendment to a special Development Dlstrlct (SOO) to allow for a new development area located at Tract K- . Fall 2004 through Spring 2005: the Town Council tabled the second readino of Ordinance 17, Series of 2004, on multiple occasions while Vall Resorts negotlated with the other SDD property owners to resolve the related private covenant issues. . Spring 2005: Vail Resorts withdrew the application due to unresolved private covenant negotiatlons. The Design Review Board had previously reviewed and approved the_proposed snowcat access roaO. the Planning and Environmental Commission and the Town Council have previously approved a retaining wall height variance to facilitate the construction of the access road. tv.APPLICABLE PLANNING DOCUMENTS TITLE 1 2: ZONING REGULATIONS Article 12-9A: Special Development Districts (in part) 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design charicter and quatity of the new developmen.t.with the town; to facilitate the adeduate and economical provision of streets and utilities; to p_reserue the natural and scenic features of open space areas; and to further the overall goals of the communiu as stated in the Vaii comprehensive plan. An approved development plan for a special development district, in conjunction with the propefi's underlying zone district, shall estabtishthe requirementsfbr guiding developmentand uses otpropefty included in the speciat development district. The special development district does not apply to and is iot avaitabte in the foltowing zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of this article. TOWN OF VAIL LANDUSE PLAN Chapter Vl-2: KeY Goals D. Parks and OPen SPace: 2) The preseruation of open space was determined to be a high priority' ihe improvement of existing parks and open space ar91st in concert with c]ntinued purchase of open space by the Town of Vail were both identified as Priorities. Chapter Vl-4: Proposed Land Use Categories (in part) OS Open SPace: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category: Hillsides which were classified ai undevelopable due to high hazards and slopes over 40/" are also inctuded within this area. These hillside areas would still be allowed Upes of development permined by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be i n stituti o n al/P u b I ic u se s. TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN Tract K is not addressed by the Comprehensive Open Lands Plan. SITE ANALYSISv. Legal Description: Zoning: Lot K, Glen Lyon Subdivision Special Development District #4 Land Use Plan Designation: Open Space Current Land Use: Open Space and the Cascade Way trail Lot Size: 362,518 sq. ft. (8.3223 acres) vl.CRITERIA FOR REVIEW A. Design compatibility and sensltivity to the immediate environment, neighborhood and idlaceni properties relative to architecturaldesign, scale, bulk, building helght, buffer iones, ldentity, chancter, visual Integrity and orienlation. The proposed major amendment allows for uses within DevelopmentArea E (i.e. Tract K) which aie consistilnt with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access road is a similar land uie as the existing Cascade Way trail which was approved in 1 983. Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow for lhe construction of buildings. The proposed snowcat access road was reviewed and approved by the Town of Vail Desiln Review Board; therefore, Staff believes the proposed. major amendment is comfafible and sensitive to the immediale environment, neighborhood and adjacent properties. B. Uses, activity and density whlch provide a compatible, efficient and workable relationshlp with surrounding uses and activity. The proposed major amendment allows for uses within Development Area E (i.e' Tract K) which aie consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access road is a similar l'dnd uie as the existing Cascade Way trail which was approved in 1983; therefore, Staff believes the proposed major amendment is compatible, efficient and workable with the surrounding uses and aclivities. Compliance with pa*lng and loading requirements as outlined in Chapter 12-10 of the vail Town code. Staff does not believe that this major amendment is affected by the parking or loading requirements of Chapter 12-10, VailTown Code. Therefore, Staff does not believe this criterion is relevant to this application. Conformlty with the applicable elements of the Vail Gomprehensive Plan' Town policies and Urban Deslgn Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for-the establishment of a special deve_lopment iistrict. Tract Kls designated as "Open Space" by the Vail Land Use Plan. Statf has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proposal: c. F. Chapter Vl-2: Key Goals D. Parks and Open SPace: 2) The preseruation of open space was determined to be a high priority. The improvement of existing parks and open space areas, in concert with continued purchase of open space by the Town of Vail were both identified as Priorities. Chapter Vl-4: Proposed Land Use Categories (in part) OS Open SPace: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were ctassified as undevelopable due to high hazards and slopes over 40"/" are also inctuded within this area. These hillside areas would still be allowed Upes of development permitted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be i n stituti o n al/p u b I ic u s es. The proposed major amendment allows for uses within Development Arqa E (i.e. Tract K) which aie consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail Land Use Plan. ldentification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the OfficialTown of Vail Geologic Hazard Maps, Development Area E (i'e. Tract K) ii not located in any geologically sensitive areas or within the 1OO-year floodplain. Therefore, Staff does not believe this criterion is relevant to this application. Site plan, building design and location and open space provisions designed to prodirce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which aie consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated dpen Space". Therefore, staff believes the major amendment complies with this criterion. Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983. The proposed snowcat access road was reviewed and approved by the Town of Vail Desiln heview Board; therefore, Staff believes the proposed major amendment is functional, responsive and sensitive to natural features, vegetation and overall aesthetic quality of the communitY. G. A circulation system deslgned for both vehicles and pedestrians addressing on and oft-site traffic circulation. The proposed major amendment will facilitate the construction of a new snowcat access road. This proposal will remove Vail Resorts'winter mountain maintenance tratfic from public streets (i.e. West Forest Road). Staff believes this will have a positive affect on iraffic flows and traftic safety. Additionally, the proposed major amendment will not negatively impact use ol the existing Cascade Way trail or the existing bike trail along Core Cre-eh therefore, Staff believes the proposed major amendment complies with this criterion. H. Functional and aesthetlc landscaping and open space In order to optimize and preserve natural features, recreatlon, views and functions. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which aie consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservatioq Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major amendment complies with this criterion. l. phasing plan or subdivision plan that will maintain a workable, functional and eflicient relationship throughout the development of the special development distrlct. As there is no phasing or subdivision plan associated with the major amendment, Statf does not believe this criterion is relevant to this application- STAFF RECOMMENDATION The Community Development Department recommends thatthe Planning and Environmental Commission forwards a recommendation of approval, wlth conditions, to the Vail Town Council ol the proposed major amendmenl to Special Development District #4, Cascade Village. The Staff's recommendation of approval is based upon the review of the criteria outlined in Section Vl of this memorandum and the evidence presented on this application subiect to the following finding: "The Ptanning and Environmental Commission finds that the applicant has demonstrated to the satisfaction of the Commission, based upon the evidence and testimony presented: l.Thatthe proposed major amendmentcomplieswiththe standardsoutlined inthe nine design criteriaof Section 12-9A-8, VailTown Code, based upon the review outlined in Seciion Vt of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the proposed major amendment is consistent with the adopted goals, obiectives and policies outtined in the Vail comprehensive plan and compatible with the development objectives of the town, based upon the review outlined in Section Vl of the Staff's Aprit 9, 2007, memorandum to the Planning and Environmental Commission; and,; and, g. That the proposed major amendment is nmpatible with and suitable to adiacent uses and appropriate for the surrounding areas based upon the review outlined in Section VI of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and,; and, 4. That the proposed major amendment promotes the health, satety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserues and enhances ifs natural environment and its established character as a resort and residential community of the highest quality based upon the review outlined in Section Vl of the Staffs April 9, 2007, memorandum to the Planning and Environmental Commission- Should the Planning and Environmental Commission chooseto approvethis majoramendment request, the Community Development Department recommends the following condltions: 1. The fotlowing uses shall be permifted in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village: 1. Bicycle and pedestrian Paths. 2. lnterpretive nature walks. 3. Nature Preserues. 4. Passive outdoor recreation areas and open spaces. 2. The fottowing andiilonal uses shall be allowed in Development Area E (i.e. Traa K) of Special Development District #4, Cascade Village, subject to the issuanee of a conditional use Permit: 1. Public parks- 2. Public utility and public service uses' 3. Access roads. 4. Ski lifts and tows. 5. Skitrails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. VIII. ATTACHMENTS Attachment A: VicinitY MaP Attachment B: ApPlicant's request Attachment C: Draft Ordinance No. 11, Series of 2007 Attachment D: Public Hearing Notice Attachment: Attachment B Amqndment to SDD #4 The purpose of this Amendment to SDD #4 is to allow for the corirstruction of a snow cat access route to Cascade Way. This application is the same as the previous application which was passed by the Town Council on first reading and then tabled until thi covenant Amendment was approved by 75Y' of the ov,ners in the Glen Lyon Subdivision. (Such percentage based upon land ownership). The Amendment was later withdrawn due to the time lapse between readings. The previous submittal documentation and memos are still appropriate and relevant as this submittal is the same except for a slight re-alignment of the access way as it joins Cascade Way. The re- alignment was at the request of various owners in Glen Lyon and results in less retaining wJls and a safel entrance onto Cascade Way. A new drawing is attached showing the adjustment. Attachmbnt B PROPOSED AMEI\DMENT TO GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4 June 1,2004 PURPOSE OF TIIIS AMENDMENT This proposed amendment to SDD l*4 has evolved out of Vail Resort's proposal to develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A portion of this accessway is located on Tract K which is a part of SDD *14. The purpose of this SDD ameqdment is to correct and clarify existing and allowable uses within Tract K. BACKGROIJND ON SDD #4 SDD #4 was originally approved 1g-1976- This SDD is unique from most other SDD's in two respects. Ordinance 5 of 1976 makes no mentiou of the SDD's underlying zone distict. Typically a SDD references an underlyingzone distict and this zone district then establishes land uses permissible within the SDD. Secondly' SDD #4 includes reference to specific permitted, conditional and accessory uses that are allowed in the SDD. sDD #4 has been amended a number of times over the years. Amendments have addressed a range of topics, primarily allowable uses, development level and changes to development areas. When originally approved in 1976, SDD *f4 was divided into four distinct "developme,nt areas". Development Areas A-D consisted of approximately 97 acres and allowed for a wide variety of uses which in hindsight are quite consisteut with Glen Lyon's existing mixed-use character. In1977 SDD #4 was amended to include the same four Development fueas (Areas A-D) with the addition of a 40.4 acres "Dedicated Open Space" category. There is no indication in the SDD what, if any, uses are pemrissible in the 40'4 acres of "Dedicated ope,n Space". As indicated in the 1977 ame,ndmont, the total land area of the SDD was approximately 92 aqes. SDD #4 was amended a number of times following the 1977 amendment, most recently in 1998. There is no indication in any of these amendments as to what land uses are permissible within the "Dedicated Open Space" category. Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the Town ofVail in 1978. BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY Vail Resort's submitted plans to the Town this past fall in order to construct a new snowcat accessway. This new accessway is intended to provide a new snowcat route to Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road. A portion of the snowcat accessway is located on Tract K. As such, VR requested and was granted permission by the Town Council to proceed through the review process in order to obtain approvals for the snowcat accessway (and related improvements including a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping). VR has all but completed this review process. The PEC has approved a variance to maximum retaining wall heights and the DRB has approved the design of the project. The Town Council has approved two of the four easements necess.ry for the project and a building permit application has been submitted for the snowmaking intake/vault portion ofthe project. In April of 2004 a lgg6letter was provided to the Town from a property owner in the Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to the Glen Lyon neighborlood. The letter outlined a process for the review of a new mountain access road that would be located in part over Tract IC The accessway location. and desigrr contemplated in 1996 was very similar to the plans currently being proposed by VR. This letter indicated that the accessway would require amendments to SDD #4. In deference to this 1996 letter, it has been detennined that in order for the new snowcat accessway to proceed SDD #4 will need to be amended in order to allow for snowcat accessways on Tract K. In addition, it has been determined that the existing Westin Ho skiway was likely approved in error. While a conditional use perrnit for this skiway was approved in 1983, there appears to be no basis for this request as neither "skiway''or "catwalld' appear to be a pelmitted or conditional use within Tract K. This condition will also be remedied by the proposed amendment to SDD ff4' PROPOSED AMENDMENTS The following amendments and development approvals are proposed to SDD fJ4: . Create a new development area - Development Area E, this area will consist of "Tract K".. Establish allowable uses within Development Area E to include: Permitted Uses 1. Utility corridors and improvements 2. Mountain accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements r Approve a development plan for Tract K-Development Area E' This plan includes all orportions of the existing Westin Ho skiway, snowmaking/utility improvements, the bridge and the snowcat accessway. An existing conditions map and a development plan are provided herein. In order to more clearly define the approved development plan for Tract I! it is anticipated that the ordinance approving this SDD amendment can also reference the previously approved plans for tni-U;age, s16y-6aking facilities, accessway and retaining walls located within Tract K. REVIEW CRITERIA The following desip criteria shall be used as the principal criteria in evaluating the merits of the propoied special development diskict. It shall be the burden of the applicant to demonshati that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has beeir achieved: A. Comaatibility: Desigp compatibility and sensitivity to the immediate environment, neighboihood and adjacent properties relative to architectural desigrr, scale, bulk, buiiding height, buffer zones, identity, character, visual integrity and orientation. Response Numerous snowcat access alignments have been studied over the years. The proposed route mirfmizes impacts on the site and impacts to surrounding neighborhoods. When compared to the existing snowcat route up West Forest Road, the proposed route presents a much more sensitive solution for the immediately surrounding neighborhoods and the community as awhole' B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Response The limited uses proposed for Developme,nt Area E are consistqtt with Tract E ..open space dedication" designation, with existi"g uses of Tract E and with surrounding uses and activities. C. parking And Loading: Compliance with parking and loading requirements as outlined in Chapter 10 ofthis Title. Response Not applicable. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Response The removal of snowcats from West Forest Road is a stated goal of the Lionshead Redevelopment Master Plan, an element of the vail comprehensive Plan. E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and./or geologic hazards that affect the property on which the special development district is proposed. Response A geotechnical analysis has been completed in conjunction with the design ofthe snowcat access road. F. Design Features: Site plan, building design and location and open space provisions desigrred to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Response The snowcat accessway has been designed in order to minimize both cuVfill slopes and site disturbance. An extensive landscape restoration plan has been proposed as a pad ofthe bridge/snowcat accessway- G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response The new snowcat access is proposed in order to remove snow cats from West Forest Road. This change will result in a much safer roadway condition and a reduction oftraffic on this road' H- Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function' Response A landscape plan has been provided as an element of the development plan for the bridge and snowcat accessway. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, firnctional and efficient relationship throughout the development ofthe special development district. (Ord. 21(1988) $ 1) Responsg Initiallylroposed to be developed in one phase, the project is now likely to be developed in two phases. Phase I is expected to consist of the new snowmaking intakdvault, new snowmaking lines up Vail Mountain and anewbridge over Gore Creek Phase I would be done the summer/fall of 2@4. Phase tr would consist of the snowcat accessway up Vail Mountain. fire timing for completion of Phase tr is to be determined. If the SDD amendme,nt process is resolvedin a timely manner the acoessway could be constucted in 2004. As au alternative, it is anticipatcd that the access"way would be constructed in 2005. i i I $lour(r{d) oNISIE 3 VaJt !.Erre-E/GlCl - ) .tCVUl trcGNo'lMrp N # [i.riq)-l:i l.:\r l'.,d,i: I tt$$il$i\u$irtffi $$$xturit$ \i ilN $ +E tU ul(tr Fz.ut (LoJ UJ tuo \Z Fo (Et-|fJ--;Z+o 6F6qCD6 <() >CIJZ. =-6JXct tu ; ii\i\il #rr)tt;a' I",i i :5.--r\\L $.h._'..\\ l\ii\\$ S\\\.N N N\l I ii..,tg"1',\ t'i.tit, rt,'l t, i .'i;;ia I i \i[!ti lw-rJ Jcn&lf ao 3 \r3uv J€ll{JO-Elil3O - ) I'VU! }| CICIS ltlo "l MnD '- Il*t-i&rirC$Ftt3i HHtr iiJrl iftI .!\:] ..{l .i $$N$NNNN 6liil\''"rt\ 'e \tl: ..-. l\i +E tu ul(E Fztu LoJ IU IUov F O (rt-7$<+Jo:a2 'JJ LIIz>c)L>oJJzUJqil do tN".itil',r'lt ti\l 't\ .^-rJ'' -1--- ) , i,til\il o'?arr ORDINANCE NO.11 Series ol2OO7 AN ORDINANCE AMENDING ORDINANCE NO. 11, SERIES OF 1999, SPECIAL DEVELOPMENT DTSTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARDTHERETO. WHEREAS, Section ',12-9A-2 of the VailTown code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4; and WHEREAS, the Planning and Environmental commission of the Town of Vail has recommended approval of this major amendment at its April g,2OO7 public hearing' and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend Special Development District No. 4. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Aftachment C section 1. ordinance No. 11, Series of 1999, ls hereby amended as follows: (deletions are shown in slrike+hretrgr$/additions are shown in bold italicsl Established A. special Developmenl District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. special Development District No. 4 and the 97.955 acres may be refered to as'SDD No. 4". B. The distdct shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Development Area Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Tract K Dedicated Open SPace Roads TOTAL section 2- ordinance No. 28, Series of 1998, is hereby amended as follows: (defetions are shown in stfike-thf€ugHadditions are shown in bold italics) Development Plan - Required - Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerslone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shalt be established through the review and approval ol a design review application and/or conditional use permit apptication. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to sDD No. 4 shall comply with section 12-9A of the MunicipalCode. section 3. ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in strke+h+eugrh/additions are shown in bold italics\ Permifted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12- A B c D E 401400 @--t Acreaoe 17.955 4.000 9.100 1.800 8.322 32.078 4.700 97.955 7B-3, (Commercial Core 1), of the Municipal Code- The 'first floor' or B. c. rt*+qry "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other lloor levels besides first floor street level may include retail, theater, restaurant, and otfice except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square foolage of 925 square feet located on the first floor on the northwesl corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling. 6. Primary/Secondary dwelling ; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 1 2-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. MultFfamilY dwelling. Area G, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single familY dwelling; 2. Two-family dwelling. 3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the MunicipalCode. Area D. Glen Lyon CommercialSite 1. Business and professional offices; 2. Employee dwelling as defined in Section 1 2-13 of the Municipal Code' D. Qp,4*u E. Area E, Tract K 1. Bicycle and pedestrian Paths. 2. lnterpretive nature walks. 3. Nature preserues. 4- Passive outdoor recreation areas and open spaoes- Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows: (defetions are shown in €*k€+h{€ugh/additions are shown in bold italics) ConditionalUses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code' Section 12-2 shall be a conditional use for dwelling units in the Westhaven mulli-family dwellings. Fractional fee ownership shall not be applied lo restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Specialattraction; 4. Skilifts; 5. Public park and recrealional facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. %e* B. Area B, Coldstream Condominiums 1. Public park and recreationalfacilities; 2. Skilifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Skilifts; D. Area D, Glen Lyon CommercialSite 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E- Arca E,Tract K l. Public parks. 2. Public utility and public serulce uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Otheruses cusfom arily intcidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception ot buildings. Section 5. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity ,of the remaining portions of this ordinance; and the Town Council hereby declares it wOuld have passed this ordinance, and each part, seCtion, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, senlences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. section 7. The amendment of any provision of the Town Code as proVided in this ordinance shall not affect any right which has accrued, any duty imposed' any violation thal occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolulion or ordinance, or part thereof , theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED' AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1o day of May, 2007, and a public hearing for second reading of lhis Ordinance sef for the 15rh day of May, 2007, in the council chambers of the Vail Municipal Building, Vail, colorado. Rod Slifer, Mayor Attesl: Lorelei Donaldson, Town Clerk Attest: 'G%^ '#,f5 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this -day ot -....--2007 Rod Slifer, Mayor Lorelei Donaldson, Town Clerk Attachment D THIS ITEM MAYAFFECTYOUR PROPERTY PUBLIC NOTICE NOTICE ls HEREBY GIVEN that the Planning and Environmental commission of the Town of Vai! will hotd " prulit'n""rin! in "cco-no"nce with section 12:3:6.: Vail rown CoJ", "n, Apiii S, zOoi, ;'i,60 pr"in the Town of Vail Municipal Buildins, in consideration of: A request for a final review of a major exterior alteration, pursuant to section 12'7 A-12' Exterior Alterations ot rtfJiinltiont, v"ir Town Code' to aliow for the addition of an entry feature, located at zsz ea;i'[aeadow orive (Mountain Haus), part of rract B, Vail Village Fffii: "nJ ""tting forth details in regard thereto' (PEC07-0012) 6;f"";i - vaiiEstates, represented bv Paulsmith Planner:BillGibson Arequestforfina|reviewoftheprescribedzoningregu|ations,Pu':!,ljtoSectionl2-3. 7, Amendment, Vail fo*n Coi", to allow for -mod-ifications to Section 12-6A-9' Site Coverage, Vail Town CrJ", i" ilt.rease allowaOte site coverage from 15% lo 2oo/o' Spraddle Creek Estate.-irUOiui"ion, located at 914 through 1326 Spraddle Creek Road' f5i" i-f S, ""d setting tortn detaits in regard thereto' (PEC07-0013) -Applicant Spraddle Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Wanen CamPbell Arequestforfinalreviewofanamendedfina|p|at'.pursuanttoChapter13.12, Exemption plat Review Fio""Out"", Vail Town Code,'to allow for mo^difications to platted gross residential floor ";;;;',6 coverage limitations, located at 914 Spraddle Creek Road. Lots 1-15, SpraddG C;;"iE"t"t* dubdivision' and sefting forth details in regard thereto. (PEC07-0014) Aoolicant: spraddle creek Estates Homeowners ASsociation, represented by Dave lGselak of Zehren and Associates Planner: Wanen CamPbell Arequestforafinalreviewofanamendedfinalp|at,pursuant..toChapter13-12' Exemption plat Review-pioLor*, vail Town cod'e, to amend the plafted building envelope (Lot 1), witn'in ineEeni ini"r"r subdivision located at1677 Buffehr creek Road/Lotsl,ElenizniemerSubdivision,andsettingforthdetai|sinregardthereto. (PECo7-0015) Applicant Doug Weltner ..Pianner: Warren CamPbell Page 1 A recommendg1g! to.-the Vail Town Co1nc'!. of a major amendmentrt?;":ff:3: {'!': v;;ir:l*,11"1"",t'"lijJL,':f:il:"T,""?:",TJr';3fi',3;,4ilifr?t'5,'n""i"ftlii: 'it 'ln ,r c".."oe virr"ge, to attow for " n"* development area located at-Tract K, Glen Lyon SuOOiuision, aid-setting forth details in regard thereto. (PEC07-0017) Applicant Vail Resbrts' represented by Jay Peterson Planners: Bill Gibson The applications and information about the proposals are available for public inspection ilri',g;ffil ilurs attneiown oiVaif Cominunity Oevelopme.nt Department, 75 South Frontage Road. The prUfi" i" invited to aftend pr6ject orientation and the.site visits that oi"""ol m" oublic hearinfin tne town of Veil Community Development Department' ' i'lease c:rll liTO-479'21 38 for additional information' sign language interpretation is arrailable upon request,.with 2+hour.notification' Please dn eino';t{_2356, Tetephone for the Hearing lmpaired, for information. Published March 23, 2007, in the Vail Daily' Page2 VailTown Council Attachment: B ORDINANCE NO.11 Series ol2007 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENTAREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Gode permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4;and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approvalof this major amendment at its April 9,2007 public hearing, and has submitted ils recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interesl of the public health, safety, and welfare to amend Special Developmenl District No. 4. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN GOUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Speciat Development District No.4, Cascade Village, is hereby amended as follows: (deletions are shown in €trik€+h{€ugh/additions are shown in hold italics) Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDLi No. 4". B. The district shall consist of four separate development areas, as identilied in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Tnct K Dedicated Open Space Roads TOTAL Develooment Area A B c D E 4e.40e Acreaoe 17.955 4.000 9.100 1.800 8.322 32.078 4.700 97.955 Section 2. Special Development Distrlct No.4, Cascade Village,, ls hereby amended as follows: (defetions are shown in s{rike+hreugrh/additions are shown in bo,td itatics) Development PIan - Requhed - Approval Proedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Glub site as approved by the Town Council. The Waterford and Cornerslone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the rcview and approval of a design review application and/or conditional use permit application.The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics seclion of this ordinance. Amendmenls to SDD No. 4 shall comply with Section 12-9A of the MunicipalCode. Section 3. Special Development District No.4, Cascade Village, is hereby amended as follows: (deletions are shown in €tril€+hr€ugl/additions are shown in bold italicsl Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in section 12- 7B-3, (Commercial Core 1), of the Municipal Gode. The "lirst floor" or 'street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include relail, theater, restaurant, and office except thal no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-familY dwelling; 5. Single FamilY dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 ol the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldslream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single tamily dwelling; 2. Two-family dwelling. 3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the MunicipalCode. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12'13 ol the Municipal Code. E. Area E, Tract K l. Bicycle and pedestrlan Paths. 2. Interpretlve nature walks. 3. Nature Preserves. 4. Passive outdoor recreation areas and open spaces. Section 4. Special Development Distrlct No.4, Cascade Village' is hereby amended as follows: (deletions are shown in €tfik€4hf€ug+/additions are shown in bold italicsl Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feel. 2. Fractionalfee ownership as defined in the Town of Vail Municipal Code, Section '12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Orunership intervals shall not be less than five weeks. 3. Specialattraction; 4. Ski lifts; 5. Public park and recreationalfacilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Skilifis. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Skilifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 1. Public parks. 2. Public utility and public seruice uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses cusfornarily Incidental and accessory to Permifted and conditionat uses and necessary for the operation thereof, with the exceqtion of buildlngs. Section 5. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it wOuld have passed this ordinance, and each part, section, subsecliOn, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, secfions, subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that lhis ordinancb is necessary and proper for the health, safety and welfare of the Town ol Vail and the inhabitants thereof. Section 7. The amendment of any provision ol the Town Code as provided in this ordinance shall not atfect any right which has accrued, any duty imposed, any Molation that occurred prior to the effective date hereof, any prosecution @mmenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shhll not be construed to revise any bylaw, order, resolution or ordinance, or part thereof , theretolore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1d day of May, 2007 , and a public hearing for second reading of this Ordinance set for the 15h day of May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this - day ol .....-......- 2007 Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Glerk MEMORANDUM Planning and Environmental Commission Department of Community Development 6.ol{'c.' At.,* Gu l@ o';",::-,- TO: FROM: DATE: SUBJECT: April9, 2007 A recommendation to the Vail Town Council of a major amendment lo a Special Development District (SDD), pursuant to Section 12-9A-1 0, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No.4, Cascade Village, to allow lor a new development area located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thsreto. (?eool-mn) Applicant: Vail Resorts, represented by Jay PetersonPlanner: Bill Gibson SUMMARY The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major amendment to Special Development District #4, Cascade Village (SDD #4), to allow for a new development area located at Tract K, Glen Lyon Subdivision. Based upon Slaff's review of the criteria in Section Vl of this memorandum and the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission lorwards a recommendation of approval, wlth conditions, lo the Vail Town Gouncil of the proposed major amendment to Special Development District #4, Cascade Village. DESCRIPTION OF THE REQUEST The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major amendmentto Special Development District#4, Cascade Village (SDD #4), to designateTract K, Glen Lyon SuMivision, as a new"developmentarea" (i.e. DevelopmentArea E) within SDD #4. The primary purpose forthis application is to designate Tract K as a separate development area to facilitate the construction of a new snowcat access road generally located south of the Eagle River Water and Sanitation District (ERWSD) and former gas station sites (846 West Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the Westin Ho trail). Tract K is currently designated as part of the 'Dedicated Open Space" area of SDD #4. The provisions of SDD #4 have not, and do not, include any approved development plan nor any established development paramelers for the Dedicated open space areas (including Tract K). SDD #4 does nol designate any permitted uses, conditional uses, or accessory uses for the Dedicated Open Space. While the primary purpose for this application is lo designate Tract K as a separate development area to facilitate the construction of a new snowcat access road, another purpose for this proposed major amendment is to establish a list of allowable land uses for Tract K. The applicant's proposed permitted uses for Tract K are similar to those within the Open Space and Fidcreation Didtricts established by Chapter 12-8, Vail Town Code (e.9. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Bise Rbcreation 2 Districts). The applicant has proposed that the following land uses be permitted within Development Area E (i.e. Tract K): 1. Utility corridors and improvements 2. Mountain accessways, roads, bridges, retaining walls and related improvemenls 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consistency wiin the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail Town Code, Staff recommends the following uses be permitted on Tract K: 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts,Districts. vail Town Code, Staff also recommends the following conditional uses be allowed on Tract K, subject to the issuance of a conditional use permit: 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and lows. 5. Skitrails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. A more complete description of the applicant's request (Attachment B) has been attached for relerence. III. BACKGROUND The following is a brief summary of Tract K and SDD #4 history which is relevant to the proposed major amendment: r March 1 976: Ordinance 4 of 1 976 - Town of Vail annexes "Lionsridge" area . March '1976: Ordinance 5 of 1976 - SDD #4 established, Tract K is part of development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas A,B,&C. November 1977: Ordinance 28 ol 1977 - SDD #4 "Dedicated Open Space" development area designation created; however, the properties in this area are not identified. April 1978: Glen Lyon covenant restrictions are adopted for Tracts B, C, D, E, F, G, H, J, K &'stream tract'. July 1978: Tract K is deeded from Gore Greek Associates to the Town of Vail. August 1983: conditional use permit approved 'to constructthe Westin-Ho skitrail in Special Development District #4". June 1986: conditionat use permit approved "in order to construct a ski lift at Cascade Village" June and September 1987: Glen Lyon covenants amended to allow bridges, lifts, mazes, trails, equipment, etc. for Tracts J, H, & "stream tracl". December 1988: Ordinance 40 of 1988 - SDD #4 repealed & re-enacted with "ski lift" conditional use allowed in areas A, B, & C. July 12, 2004: Planning and Environmental Commlssion fontards a rec-ommendatlon of approval to the Town Council for this maior amendment to a Speclal Development Distrlct (SDD) to allow for a new development area located at Tract K. August 3,2004: the Town Gouncil adopted Ordinance 17, Serles of 2004' on first readlno for this malor amendment to a Special_Development Dlstrict (SDD) to- allow for a new development area located at Tract K. Fall2004 through Spring 2005: theTown Council tabled thes@g!reagllqgof Ordinance 17, Series of 2004, on multlple occasions whlle Vail Resorts neEotiated with the other SDD property owners to resolve the related private covenant issues. . Spring 2005: Vail Resorts withdrew the application due to unresolved private covenant negotiations. The Design Review Board had previously reviewed and approved.the proposed snowcat access road. The Planning and Environmental Commission and the Town Council have previously approved a retaining wall height variance to facilitate the construction of the access road. tv.APPLICABLE PLANNING DOCUMENTS TITLE 12: ZONING REGULATIONS Article 12-9A: Special Development Districts (in part) 12-94-1: PURPOSE: The purpose of the speciat development district is to encourage flexibility and creativity in the dbvelopnent of land in order to promote its most appropriate use; to improve the design charicter and quality of the new development with the town; to facilitate the adefiuate and economical provision of streets and utilities; to preserue the natural and scenic features of open sp,ace areas; and to further the overall goals of the community. as stated in the Vaii comprehensive plan. An approved development plan for a special development district, in conjunction with the property'l underlying zone district, shall establish the requirements for guiding development and uses of propefty included in the special development district. The special development district dge? not apply to and is iot avaitable in the fottowing zone districts: Hillside residential, single-family, duplex, primary/secondary. The elements of the development plan shall be as outlined in section 12-9A-6 of this article. TOWN OF VAIL LANDUSE PLAN Chapter Vl-2: KeY Goals. D. Parks and OPen Sqace: 2) The preseruation of open space was determined to be a high priority' The improvement of existing parks and open space areas, in concert with continued purchase of open space by the Town of Vail were both identified as Priorities. Chapter Vl-4: Proposed Land Use Categories (in part) OS Open SPace: Passive recreation areas such as greenbelts, stream conidors, and drainageways are the types of areas in this category. Hillsides which were ctassified as undevelopable due to high hazards and slopes over 407" are also included within this area. These hillside areas would still be allowed types of development permifted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be institutio n al/Publ ic uses. TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN Tract K is not addressed by the Comprehensive Open Lands Plan. SITE ANALYSISv. Legal Description: Zoning: Lot K, Glen Lyon Subdivision Special Development District #4 Land Use Plan Designation: Open Space Current Land Use: ' Open Space and the Cascade Way trail Lot Size: 362,518 sq. ft. (8.3223 acres) CRITERIA FOR REVIEW A Design compatlblllty and sensitivlty to tho immediate environment, neighborhood anA iOlacenl properties relatlveto archltecturaldesign, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed majoramendmentallowsloruseswithin DevelopmentAreaE (i.e.TractK) which aie consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agricullure and Open Space, Outdoor Recreation, Natural Area preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Stalf believes these proposed uses are consistent with Tract K's current SDD #4 designation as ,,Dedicated Opdn Space". Additionally, Statf believes the.proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983. Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow for the construction of buildings. The proposed snowcat access road was reviewed and approved by the Town of Vail Desiln heview Board; therefore, Staff believes the proposed major amendment is comfatible and sensitive to the immediate environment, neighborhood and adjacent properties. Uses, activlty and density which provide a compatible, efficient and workable relationship with surrounding uses and actlvlty. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which aie consistbnt with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Opdn Space". Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983; therefore, Staff believes the proposed major amendment is compatible, efficient and workable with the surrounding uses and activities' Compllance with parking and loading requirements as outlined In Chapter 12'10 of the vail Town code. Staff does not believe that this major amendment is affected by the parking or loading requirements of Chapter 12-10, VailTown Code. Therefore, Staff does not believe this criterion is relevant to this application. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process forlhe establishment of a special development district. Tract Kls designated as "Open Space" by the Vail Land Use Plan. Staff has reviewed the Vail Land Use Plan and believes the following policies are relevant to the review of this proPosal: F. Chapter Vl-2: Key Goals D- Parks and OPen SPace: 2) The preseruation of open space was determined to be a high priortty. The improvement of existing parks and open space areas, in concert with continued purchase of open space by the Town of Vail were both identified as piorities. Chapter Vl-4: Proposed Land Use Categories (in part) OS Open SPace: Passive recreation areas such as greenbelts, stream corridors, and drainageways are the types of areas in this category. Hillsides which were classified as undevelopable due to high hazards and slopes over 40/" are also included within this area. These hillside areas would stillbe allowed types of development permifted by existing zoning, such as one unit per 35 acres, for areas in agricultural zoning. Also, permitted in this area would be i n stitutionaVqublic u ses. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Statf believes these proposed uses are consistent with Tract K's current SDD #4 designatiort as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail Land Use Plan. ldentilication and mitigation of natural and/or geologic hazards that affect the property on whlch the special development distrlct is proposed- According to the OfficialTown of Vail Geologic Hazard Maps, Development Area E (i.e. Tract K) ii not located in any geologically sensitive areas or within the 1 O0-year floodplain. Therefore, Staff does not believe this criterion is relevant lo this application. Site plan, bullding deslgn and locatlon and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. The proposed major amendment allows for uses within Development Arga E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation-, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, statf believes the major amendment complies with this criterion. Additionally, Staff believes the proposed snowcat access road is a similar land use as the existing Cascade Way trail which was approved in 1983. The proposed snowcat access road was reviewed and approved by the Town of Vail Desiln heview Board; therefore, Staff believes the proposed major amendment is functional, responsive and sensitive to natural features, vegetation and overall aesthetic quality of the communitY. A circulatlon system designed for both vehlcles and pedestrians addressing on and off-site raffic circulation. The proposed major amendment will facilitate the construction of a new snowcat access road. This proposal will remove Vail Resorts'winter mountain maintenance traffic from public streets (i.e. West Forest Road). Staff believes this will have a positive affect on traffic flows and traffic safety. Additionally, the proposed major amendment will not negatively impact use of the existing Cascade Way trail or the existing bike trail along Gore Creek; therefore, Staff believes lhe proposed major amendment complies with this criterion. Functional and aesthetic landscaping and open space In order to optimlze and presenre natural features, recreation, views and functions. The proposed major amendment allows for uses within Development Area E (i.e. Tract K) which are consistent with uses allowed in the Town's Open Space and Recreation zone districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts);therefore, Staff believes these proposed uses are consistent with Tract K's current SDD #4 designation as "Dedicated Open Space". Therefore, staff believes the major amendment complies with this criterion. Phaslng plan or subdlvlslon plan that will maintain a workable, functional and efficient relationship throughout the development of the speclal development district. As there is no phasing or subdivision plan associated with the major amendment, Staff does not believe this criterion is relevant to this application. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission fonrards a recommendation ol approval, with condltions, to the Vail Town Council ol the proposed major amendment to Special Development District #4, Cascade Village. The Statf's recommendation of approval is based upon the review of the criteria outlined in Section Vt of this memorandum and the evidence presented on this application subject to the following finding: "The Planning and Environmental Commission finds that the applicant has demonstrated to the satistaction of the Commission, based upon the evidence and testimony presented: 1 . That the proposed major amendment complies with the standards ouilined in the nine design criteia of Section l2-gA-8, Vail Town Code, based upon the review outlined in Section Vl of the Staffs April 9, 2007, memorandum to the Planning and Environmental Commission; and, 2. That the proposed major amendment is consistentwith the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and,; and, 3. That the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission; and,; and, 4. That the proposed major amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserues and enhances ifs natural environment and its established character as a resort and residential commun$ of the highest quality based upon the review outlined in Section Vl of the Staff's April 9, 2007, memorandum to the Planning and Environmental Commission. Should the Planning and Environmental Commission choose to approve this major amendment requesl, the Community Development Departmenl recommends the following conditions: 1. The following uses shall be permitted in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village: 1. Bicycle and pedestrian Paths. 2. lnterpretive nature walks. 3. Nature Preserves. 4. Passive outdoor recreation areas and open spaces. 2. The totlowing conditionat uses sha/l! be altowed in Development Area E (i.e. Tract K) of Special Development District #4, Cascade Village, subiect to the issuance of a conditionaluse Permil 1. Public parks 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Skitrails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and nnditional uses and necessary for the operation thereof, with the exception of buildings. VIII. ATTACHMENTS Attachment A: VicinitY MaP Attachment B: Applicant's request Attachment C: Draft Ordinance No. 11, Series of 2007 Atlachment D: Public Hearing Notice Attachment: Attachment B Amendment to SDD #4 The purpose of this Amendment to SDD #4 is to allow for the construction of a snow cat access route to Cascade Way. This application is the same as the previous application which was passed by the Town Council on first reading and then tabled until the Covenant Amendment was approved by 75%o of I}ile Owners in the Glen Lyon Subdivision. (Such percentage based upon land owaership). The Amendment was later withdrawn due to the time lapse between readings. The previous submittal documentation and memos are still appropriate and relevant as this submittal is the same except for a slight re-alignment of the access way as it joins Cascade Way. The re- alignment was at the request of various owners in Glen Lyon and results in less retaining walls and a safer entrance onto Cascade Way. A new drawing is attached showing the adjustment. Attachment B PROPOSED AMEI\DMENTTO GLEN LYON SPECIAL DEVEIOPMENT DISTRICT #4 PURPOSE OF THIS AMENDMENT This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A portion of this accessway is located on Tract K which is a part of SDD li4. The purpose of this SDD amendm€nt is to correct and clarify existing and allowable uses within Tract K BACKGROI'ND ON SDD #4 SDD #4 was originally approved in7976. This SDD is unique from most other SDD's in two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone dishict. Tlpically a SDD references an underlying zone district and this zone district then establishes land uses permissible within the SDD. Secondly, SDD #4 includes reference to specific permitted, conditional and accessory uses that are allowed iu the SDD. SDD #4 has been amended a number of times over the years. Amendments have addressed a range of topics, primarily allowable uses, development level and changes to development areas. When oriFnally approved in 1976, SDD #4 was divided into four distinct "development areas". Development Areas A-D consisted of approximately97 acres and allowed for a wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing mixed-use character. Itr1977 SDD #4 was amended to include the same fourDevelopment Areas (Areas A-D) with the addition of a40.4 acres "Dedicated Open Space" category. There is no indication in the SDD what, if any, uses are permissible in the 40.4 acres of 'Dedicated Ope,lr Space". As indicated in the 1977 arnendment, the total land area of the SDD was approximatel y 92 actes. SDD #4 was amended a number of times following the 1977 amendmenl most recently in 1998. There is no indication in any of these amendments as to what land uses are permissible within the "Dedicated Open Space" category. Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the Town of Vail in 1978. BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY Vail Resort's submitted plans to the Town this past fall in order to construct a new snowcat accessway. This new accessway is intended to provide a new snowcat route to Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road. A portion of the snowcat accessway is located on Tract K. As such, VR requested and was granted permission by the Town Council to proceed through the review process in order to obtain approvals for the snowcat accessway (and related improvements including a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping). VR has all but completed this review process. The PEC has approved a variance to maximum retaining wall heights and the DRB has approved the design of the project. The Town Council has approved two ofthe four easements necessary for the project and a building permit application has been submitted for the snowmaking intake/vault portion ofthe project. kr April of 2004 a l996letter was provided to the Town from a property owner in the Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to the Glen Lyon neighborhood. The letter outlined a process for the review of a new mountain acce'ss road that would be located in part over Tract K.. The accessway location. and design contemplated in 1996 was very similar to the plans cunently being proposed by VR. This letter indicated that the accessway would require amendments to SDD #4. In deference to this 1996 letter, it has been determined that in order for the new snowcat accessway to proceed SDD #4 will need to be amended in order to allow for snowcat accessways on Tract K. In addition, it has been determined that the existing Westin Ho skiway was likely approved in error. While a conditional use permit for this skiway was approved in 1983, there appears to be no basis for this request as neither "skiway''or "catwalk" appear to be a pegmitted or conditional use within Tract K. This condition will also be remedied by the proposed amendment to SDD #4. PROPOSED AMEI\DMENTS The following amendments and development approvals are proposed to SDD *14: r Create a new development area - Development Area E, this area will consist of "Tract IC'. ' Establish allowable uses within Development Area E to include: Permitted Uses 1. Utility conidors and improvements 2. Mountain accessways, roads, bridges, retaining walls and related improvements 3. Skiways, catwalks, trails and related improvements 4. Snowmaking facilities and related improvements r Approve a development plan for Tract K-Development Area E. This plan includes all or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the bridge and the snowcat accessway. An existing conditions map and a development plan are provided herein. ln order to more clearly define the approved development plan for Tract K, it is anticipated that the ordinance approving this SDD amendment can also reference the previously approved plans for thi-bridge, snow-making facilities, accessway and retaining walls located within Tract K. REVIEW CRITERIA The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstuate that submittal material and the proposed development plau comply with each of the following standards, or demonshate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Compatibility: Desip compatibility and sensitivity to the irnmediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, Uuiiaing neight, buffer zones, identity, character, visual integfity and orientation. ResDonse Numerous snowcat access alignments have been studied over the years. The proposed 5su1s minimizes impacts on the site and impacts to surrourding neighborhoods. When compared to the existing snowcat route up West Forest Road, the proposed route presents a much more sensitive solution for the immediately surrounding neighborhoods and the community as a whole' B. Relationship: IJses, activity and density which provide a compatible, effrcient and workable relationship with surrounding uses and activity. Response The limited uses proposed for Development Area E are consiste,lrt with Tract E ..open space dedication'designation, with existing uses of Tract E and with surrounding uses and activities. C. Parking And Ioading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Response Not applicable. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Response The removal of snowcats from West Forest Road is a stated goal of the Lionshead Redevelopment Master Plan, an element of the Vail Comprehensive Plan. E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development diskict is proposed. Response A geotechnical analysis has been completed in conjunction with the design of the snowcat access road. F. Design Features: Site plan, building design and location and open space provisions desigfred to produce a functional development responsive and sensitive to nahrral features, vegetation and overall aesthetic quality of the community. Response The snowcat accessway has been desiped in order to minimize both cut/fill slopes and site disturbance. An extensive landscape restoration plan has been proposed as a part ofthe bridge/snowcat accessway. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Response The new snowcat access is proposed in order to remoYe snow cats from West Forest Road. This change will result in a much safer roadway condition and a reduction oftraffic on this road. H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural featutes, recreation, views and function. Response A landscape plan has been provided as an element of the development plan for the bridge and snowcat accessway. I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development ofthe special development district. (Ord. 2l(1988) $ 1) ResDonse Iaitiallylroposed to be developed in one phase, the project is now likely to be developed in two phases. Phase I is expected to consist of the new snowmaking intake/vault, new snowmaking lines up Vail Mountain and a new bridge over Gore Creek. Phase I would be done the summer/fall of 2@4. Phase tr would consist of the $rou/cat accessway up Vail Mountain. Ths timing for completion of Phase tr is to be determined. If the SDD ame,ndment process is resolved in a timely manner the accessway could be constructed in 2004. As an dteinative, it is anticipated tha! the accessway would be constmcted in 2005. sNourno3 oa{lsD€ 3 \r:IlV t,€vls-E/\:ro - ) I,luL '' OCEI llC .| lGfE ;]3if.fr"tdlFbf-:s#tr IU lll(E Fz.uI (LoJtu ulo \Z FO (tt-A--tz+o.^Edq26*o>o)z frtraJXct tu ..,',',,il $ti\N i,ffi :i\N tffi W :l;.)itB uiiliirrl :€1:lls .:i..''ii\ N iti,lt iiil !\t,' ii)if tiiil:$ir.i.'lr. ."'. tE','.n .rr-,'.1/ .. r: iri;.:e ".1\\ i $i:Eti* -3'{.'.. t it\-_j .,,.\\ l i\N S\\iiS ir)i i:'r rii l...*i t$ :\:i.\-! !\r:: r:.'..\'l tliilN-t:. '..' \\ N jtitl \l\,i\\. iii'.N N$N ri iiiiii,l ; Sdlt '#n:ll:,S{tEiC,;.ONI CNIU33NICN3FHY NV-U lJ€vldo'E^3q 3 Vimv ljGtl'uo-EtEt€ - ) Lvu,! fimsNoIltGrE 6t cr)l!!to nan tl9 'ran @iDE:ro 'l:,..'',..;'''' N, n\t\'.iirtr l, lill, t):ll -[$l l''i' ri,'i ,:ii ,:.{ iii,'i lrJ +t tu ul(t Fztu (LoJ uJ |.Uov F O (Et-7sf 6F azz> rq 6H6o :rlr\liri lltii;liitlll,i N 'iryl, ,..,:.: I,,I 54 \N,('n O,?aff Attachment C ORDINANCE NO.11 Series ot 2O07 AN ORDINANCE AMENDING ORDINANCE NO. 11, SERIES OF 1999, SPECIAL OeViUOpUeNT DISTRICT NO. 4, CASCADE VILLAcE, TO ALLOw FOR A NEW OiVeUOpmeNT AREA LOCATED AT TRACT K, cLEN LYON SUBDIVISION, AND SETNNG FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the VailTown code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendmenl to Special Development District No. 4;and WHEREAS, the Planning and Environmental commission of the Town of Vail has recommended approval of this major amendment at its April 9,2007 public hearing' and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend Special Development Dislrict No' 4' NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: sectlon 1. ordlnance No. 11, Series of 1999, is hereby amended as follows: (defetions are shown in eirike{hn#gwadditions are shown in botd italics) Established A. special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. special Development District No. 4 and the 97.955 acres may be referred to as'SDD No. 4'. B. The district shall consisi of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Development Area Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Tract K Dedicated Open Space Roads TOTAL Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows: (deletions are shown in slrike+hreugf/additions are shown in bold italics) Development PIan - Rquired - Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan tor Development Area E shall be established through the review and approval of a design review application and/or conditional use permit apptlcation. The developer shall have the right to proceed with the development ptans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the MunicipalCode. Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows: (defetions are shown in st+ike-lhretgrh/additions are shown in bold italics) Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12- A B c D E 4049e Acreaoe 17.955 4.000 9.100 1.800 8.322 32.078 4.700 97.955 7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level' shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and otfice except that no professional or business office shall be located on slreet level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet localed on the first floor on the northwest comer of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium' B. Area B, Coldstream Condominiums 1 . Two-family dwelling; 2. Multi-familY dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type ll Employee Housing Unit (EHU) per Chapter 12-13, of the MunicipalCode. D. Area D. Glen Lyon CommercialSite 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-'13 ot the Municipal Code. J E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. lnterpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open sPaces. Sectlon 4. Ordlnance No. 28, Series of 1998, is hereby amended as follows: (defetions are shown in elrike threugh/additions are shown in bold italics) ConditionalUses Gonditional uses shall be reviewed per the procedures as outlined in Chapter 12- 16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Skilifts; 5. Public park and recreationalfacilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Skilifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Skilifts; D. Area D, Glen Lyon CommercialSite 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 1- Public parks. 2- Public utility and public seruice uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6- Snowmaking tacilities. 7. Other uses customarily intcidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the excePtion ol buildings. Section 5. lf any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity ol the remaining portions of this ordinance; and the Town Council hereby declares it would have paSSed this OrdinanCe, and each part, SeCtiOn, subsection, sentence, ClauSe or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, senlences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as proVided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the e)dent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof , theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE lN FULL ON FIRST READING this 1s day of May, 2007, and a public hearing for second reading of this Ordinance sel for the 15th day of May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rod Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk 6 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this - day ot -........- 2007 Attest: Rod Slifer, Mayor Lorelei Donaldson, Town Clerk ' rufl[0rl/ilt Attachment D . THIS ITEM MAY AFFECTYOUR PROPERry PUBLIC NOTICE NOTICE tS HEREBY GIVEN that the Planning and Environmental commission of the Town of Vai! will hold " puOti. hearing in accoidance with section 12-3-6' Vail Town Cia", on , Aprit 9, 200i, atl :00 pm-in the Town of Vail Municipal Building' in consideration of: A request for a final review of a major exterior alteration, pursuant to section 12-7A'12' drtliioi nrt"r"tions or IrllooinLtions, Vail Town code, to allow for the addition of an entry 6;tr;;, iocatea at zgz easi'r,rreadow Drive (Mountain Haus), part of Tract B, Vail Village Filfi i, anJ ietting forth details in regard thereto' (PEC07-0012) Appiicant VailEstates, represented by Paul Smith Planner: Bill Gibson A request for final review of the prescribed zoning regulations, purslant to section 12-3- Z, ni,."nOr"nt, Vail fo*n Code, to allow for modlfications to Section 12-6A-9' Site Coverage, Vail Town CoJ", i" increase allowable site coverage from 15% lo 2oo/o' spoooi" br"er estateJSubdivision, located at 914 through 1326 Spraddle Creek Road' r;t" i_r-s, "nd setting forth detaits in regard thereto. (pEc07-0013) nppfionti - Sprad?b Creek Estates Homeowners Association, represented by Dave Kaselak of Zehren and Associates Planner: Warren CamPbell Arequestforfina|reviewofanamendedflnalplat,pursuantlg-Chaoter13-12' Exemption plat Review Frocedures, Vail Town Code, to allow for modifications to platted gross residential floor "r* "no site coverage limitations, located at 914 Spraddle creek Ho"O, r-ot" r-ts, Spradoie cre"r istates Sluuoivision, and sefting forth details in regard thereto. (PEC07-0014) nppfiont', - Spraddlil Creek Estates Homeowners Association, represented by Dave Kbselak of Zehren and Associates Planner: Wanen CamPbell A request for a final review of an amended final plat, pursuant..to chapter 13-12' i""rn'Jtion plat Review Froceoures, Vail Town Cod-e, to amend the platted building *""f,ip" tr"ir), *itnin in" rreni Zniemer Subdivision located aI1677 Buffehr Creek Road/Lots 1, Eleni zniemer subdivision, and setting forth details in regard thereto' (PEC07-0015) Applicant Doug Weltner Planner: Wanen CamPbell Page 1 A recommendation to the Vail Town Council of a major amendment.to- a Special ,i,il* Devefopment District (sDD), pursuant to section '12-9A-1O, Amendmel Vail rown code, to arrow for an amendment to speciat DevelopmentT'5,t""ffl"t5:, f,ftloll C"scaOe Village, to allow for a new development area located at Tract K, Glen Lyon Su5Civision, aid-setting forth details in regard thereto. (PEC07-0017) Applicant Vail Resorts, represented by Jay Peterson Planners: Bill Gibson The applications and information about the proposals are available for public inspection ourirdSm"" hours at th; itil of Vail Community Development Department, 75 South FiontEg" Ro"o. rn" public is invited to attend project orientation and the site visits that pl"*At tttr prUti" n"iring in the Town of Vail Community Development Department' i'fease can silo-+lg'2'138 for additional information' sign language interpretation is available upon request, wjth 24-hour.notification. Please cilt SIO:'+T{-2356, Telephone for the Hearing lmpaired, for information. Pubfished March 23, 2O07,in the Vail Daily' Page2