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HomeMy WebLinkAbout1993-05-18 Support Documentation Town Council Regular Session VAIL TOWN COUNCIL REGULAR EVENING MEETING, TUESDAY, MAY 18, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 7:30 P.M. 1. CITIZEN PARTICIPATION. 7:35 P.M. 2. Update and Discussion Re: Cliff Gardiner Vail Valley Performance and Conference Center. Caroline Tremblay Action Reauested of Council: Discuss "next steps" for overall Performance and Conference Center efforts. Backaround Rationale: A presentation will be made regarding Performance and Conference Center efforts to date. The most recent design will be presented. A recap of the findings of the Finance Committee's work will be presented. Council members should give their opinions on the design, cost estimates to date, and proposed "next steps." 8:35 P.M. 3. Consent Agenda: Shelly Mello A. Ordinance No. 5, Series of 1993, second reading, an Kevin Lindahl ordinance amending Chapter 16.04, and Sections 16.12.010, 16.20.220, 16.22.160, 16.26.010,16.20.015 and 16.22.016 of the Town of Vail Municipal Code to provide for the prohibition of neon lighting and signs and exterior gas filled, illuminated and fiber optic lighting and signs, and providing regulations regarding the review of all other gas filled, illuminated and fiber optic lighting and signs, and providing details in regard thereto. Andy Knudtsen B. Ordinance No. 9, Series of 1993, second reading, an Kevin Lindahl ordinance amending Chapter 18.04 of the Vail Municipal Code by the addition of Sections 18.04.137, 18.04.205, 18.04.251, 18.04.273 and 18.04.367, setting forth new definitions relating to the Zoning Code; repealing Section 18.54.050(C)(11); amending Section 18.54.040(C)(1) of the Vail Municipal Code by the addition of Paragraph (m) providing for outdoor lighting plans to be submitted to the Design Review Board of the Town of Vail; amending Section 18.54.050 of the Municipal Code of the Town of Vail by the addition of Paragraph (J) providing a new Section of the Design Review Board Guidelines relating to outdoor lighting; and providing details in regard thereto. 8:40 P.M. 4. Ordinance No. 13, Series of 1993, first reading, an ordinance Shelly Mello amending paragraphs 16.32.030(F) and 16.32.040(A) of the Municipal Kevin Lindahl Code of the Town of Vail, to provide for the termination of any non- conforming sign five years after the effective date of any amendment to the Sign Code ordinance, and setting forth details in regard thereto. Action Reauested of Council: Approve/deny/modify Ordinance No. 13, Series of 1993, on first reading. 1 Background Rationale: Council asked staff to include an amortization section in this ordinance for second reading. 9:00 P.M. 5. Ordinance No. 7, Series of 1993, first reading, an ordinance Jim Curnutte repealing and reenacting Ordinance No. 1, Series of 1993, to provide Michael Lauterbach changes to Area A requirements for SDD No. 4 that concern the development plans for the Millrace III Development Building site; and setting forth details in regard thereto. The Applicant is Michael Lauterbach. Action Reauested of Council: Approve/deny/modify Ordinance No. 7, Series of 1993, on first reading. Background Rationale: In March of 1980, a development plan was approved for the Millrace III property, which allowed for the construction of a triplex building on the lot. Mr. Lauterbach would like to amend the Millrace iil development plan in order to construct one duplex and one single family residence on the property. The request received PEC review and a recommendation of approval on 2/8/93. The vote was 6~. There was a site visit during Work Session on 2/23/93. Staff Recommendation: Approve Ordinance No. 7, Series of 1993, on first reading. 9:20 P.M. 6. Ordinance No. 14, Series of 1993, first reading, an ordinance Tim Devlin amending Section 16.24.010(G) of the Vail Municipal Code, setting forth provisions relating to signs displayed on balloons which are associated with a special event within the Town of Vail. The Applicant is the Town of Vail. Action Reauested of Council: Approve/deny/modify Ordinance No. 14, Series of 1993, on first reading. Backaround Rationale: On May 11, 1993, Council directed the Town Attorney to draft an ordinance to allow for cold air balloons as associated with a special event, subject to certain restrictions and criteria. Staff Recommendation: Approve Ordinance No. 14, Series of 1993, on first reading. 9:50 P.M. 7. Resolution No. 4, Series of 1993, a resolution approving of the Larry Grafel purchase by the Town of Vail from the United States Forest Service two parcels of land commonly known as the Spraddle Creek Parcel and the Golf Course Maintenance Parcel, and setting forth details in regard thereto. Action Reauested of Council: Approve/deny Resolution No. 4, Series of 1993. Backaround Rationale: This resolution authorizes the purchase of the Spraddle Creek Parcel and the Golf Course Maintenance parcel from the U.S. Forest Service. 10:00 P.M. 8. Resolution No. 5, Series of 1993, a resolution recognizing "June Susan Scanlan Recycling Month". Russ Forrest Action Reauested of Council: Approve/deny Resolution No. S, Series of 1993. 2 i ' ~ ~ l0:OS P.M. 9. Request for approval of Utility Encroachment Agreement for 2983 Mike Brake Bellflower, Intermountain Subdivision. The Applicants are David A. and Leslie A. Danielson. Action Repuested of Council: Approve the request. Backaround Rationale: New owners want to receive permission for existing deck and stairway encroachments on utility easements. See enclosed copy of agreement. Staff Recommendation: Approve the request. 10:iS P.M. 10. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION W1LL BE ON TUESDAY, 5/25/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 6/1/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 6/1/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:VIGENDA.TCE 3 ~ VAIL VALL~;Y P~itr'O1tMANC~ CONr~~~;NC~: Cr;NTr;it Mey 1993 U~oAn~r1 n1n7 93 Our Vision... A Performance Center that will provide a year-round venue for the performing arts in the Vail Valley that meets our high standards of excellence and A Conference Center that will help grow a year-round economy as well as improve occupancy and performance at all times The Goal... * Meet the expectations of a demanding resident population * Increase the variety of cultural attractions available in fall, winter and spring * Expand our reputation for diversity * Better utilization of existing infrastructure * Provide a facility for community events * Enable continuous employment for our citizens in the service/hospitality business Why do we need a conference center of this size in Vail? Do we really want more groups? J In Summer, groups spend more than individuals for hotel rooms! Average Daily Rate NOV -APR MAY - OCT Individuals Groups Individuals Groups 1991 $185 $165 $73 $85 1992 $196 $168 $73 $89 Yashiro Marketing & Advertising Research Histor y 1990 Wertheim Challenge Grant JAN Steering Committee Formed MAR Jones & Phillips Research JUN Interview Community Members JLTL- AUG - Research Submitted OCT Report Studied & Analyzed 1991 The Mathes Report Completed JAN 1992 Other Committees Foy ~~~ed APL . Rr~r' Issued Architects/Contractors JITL TOV Business License Fee Survey JUL Vail Architects Collaborative Formed AUG Public Meetings SEPT OCT besign Refined NOV 1993 Plan "B" Submitted JAN Finance & Operating Costs for "B" r'~B Plan "C" Submitted MAR Updated Research Project APL Commissioned Project Coordinator On Board APL r~ ~~SIGN Plan A Plan B Plan C November January March 109, 600 SF 82, 200 SF 93, 700 SF $24, 037, 800 $19, 964, 800 $22, 022,100 c_ PLAN "C" Performance 't'heater 18,900 SF Seating for 950 Grand Ballroom 14,600 SF Banquets for 1,150 Conference Rooms 6,100 SF 9 Rooms Public Space 26,570 SF Pre-Function Areas Operations/Support 27,530 SF 't'otal 93,700 SF Local Conference Space For Visualization Purposes Only Maximum Seating Banquet Style Conference Center 1,150 Radisson Resort 850 Hyatt/Village Hall 640 Westin Resort 570 LOCAL `1'~-i~ATER SPACE For Visualization Puposes Only Maximum Seating Theater Style Dobson Arena 2,500 750 (Bleachers) Performance Center 950 Ford Amphitheater 90(1 2,000 (Lawn) Battle Mountain School 450 Crossroads Theater 300 Cascade Village Theater 270 PLAN "C" Construction $15,292,100 Equipment $ 3,857,500 Design, Tests, Inspection & Owner Contingency ~ 5% $ 2.,,872.500 $22, 022,100 CONS i RUC Z ION COSTS Performance Center $12 million Conference Center $10 million Total $22 million i3 TOTAL PROJ~C~1~ COS~1'S Construction Costs $22,000,000 Bond Issuance 400,000 Endowment Fund $ 3.(100, Total $25,400,000 ~~_i Performance Center Private Funds $16 Million Conference Center Revenue Bonds $10 Million r Conference Center Annual Cost Debt Service $1,078,000 Group Marketing $ 400,000 Operating Deficit $ 600,(100 Annual Operating Shortfall $2,078,000 How will we raise $2, 078, 000 annually? ~ Business Licence Fees ~ 7/10 % Tourism Tax ~ 8/10 % Lodging Tax How much money will each of these sources contribute? . Conference Center Funding Business Licence Fees = $350,000 7/ 10 % Touri sm Tax = $1, 057, 000 8/10 % Lodging Tax = ~ $2, 078, 000 In 1994 Dollars/Steve Barwick / 7/10 % TOUILISM 1AX ON * Attractions * Lodging * Restaurants * Rental Cars $1,057,000 in Revenue 8/10% LODGING 1'AX IN VAIL All hotels and condominium visits $671,000in revenue Proposed Tax on a Hotel Room in Vail Currently 8.2% Proposed: New Tourism tax o.7% Conference Center New Lodging tax Conference Center 9.7% . Current and Pro osed p `t'axes & Assesments Current Proposed Vail 8.2% 9.7% Beaver Creek 9.4% 9.4% Avon 12.2 % 12.2 % National Average for Major U. S. Cities 10.8% Hotel and Lodang. Feb 1993 't~OWN OF VAIL ONLY 'l~he Funding for the Vail Valley Performance & Conference Center is a COMPL~t~ELY SEPARA~t~~ ISSUr; from the Funding of Valley Wide Marketing. Currently 8.2% New Tourism Tax 0.7% Conference Center New Lodging T~ Q $1Q Conference Center 9.7% A Separate Tax To Be Proposed By The Marketing Board 9.7% New Lodging T~ L2°lQ Valleywide Marketing 10.9% Proposed Valley Wide Marketing 1.2% Lodging Tax in Vail $1,007,000 1.2% Fair Share Contribution $344,000 Beaver Creek Resort Avon General Fund Contribution $1,461,000 To Be Proposed by the Vail Valley Marketing Board QU~~ ; ~:v~ c~ - At what lodging tax level do we become non competitive? Regionally and Nationally Regional Lodging ~ 1 axes Beaver Creek Resort 9.4% Boulder 9.5% VAIL (With Proposed VVPCC Funding) 9. / % Breckenridge 10.1% Telluride 10.2% Keystone Resort 10.4% VAIL (With VVPCC & Valleywide Mktg)1 U.9% Grand Junction 10.95% Snowmass Resort 11.4% Denver 12. % Avon 12.2% Major U. S. Cities Lodging Tax Rates New York 21.25% Houston 15.25% Newport Beach 15. % Chicago 14.9% Seattle 14.2% Memphis 13.25% Cleveland 13.% Atlanta 13. % Dallas 13. % What are the lodging tax collections spent for? Meeting & Tourism Related Improvements Only NO General Fund Expenditures Straw poll of Vail Businesses July 1992 Are you in favor of a Performance & Conference Center? 82% YLi'S PERFORMANCE CENi~R Private Funding Goal: $16 Million total $8 Million by August 15 1993 With Assurances of Meeting the Goal 1~3E PRC~ Continued Community input Town Council Endorsement Informed Decision Makers Community Forums Neighbor To Neighbor Contact AUGUS't~ 31, 1993 r'inal evaluation of r'easibility 1. Private r'und Raising efforts at Adequate Levels 2. Public Support of 'tax Amendments then Make the decision to continue or stop. ` . ~ C ~ :T . ~ ~ ~ hl w L ~ S ~ . c ~ Vail Valley , • ~ ~ • , hu G~ - ~eI ffllIriallCe ~ ~ ~ Conference Center , - ' , Caws, ~ w ` via A~rJo~ca coe,m~~„~ ~ f r ~ G ~ Village Level , Plan El. +50 rsAac,c - rccl two . ~ a - • l Much 1993 7 J ~ , r 1V !1 w.vrrr~ Y . o ~•:~";r' . Vii:,' ~ ~ } Flt! ~ ,K Vail galley ~ Performance env ~ ~ f Slid ~ ' Conference . ~ ~ - ~ ' Center ' ~~nt~'i ~ va !~rnvoctt coiaboretirc ;70' : - I . HaPdy Hoiunm PCcitCa Asaociax~ . . . ` . ~rH~~I ~ t p ~ Upper Level Plan El. +70 i~ ~ o ~o t blurb 1993_ v ' 7 ~ ~ - 1 S .~rsr ~ ri'"S:L~~f" - ~ ~ t .,t'~ , - ~ - ~ _ ~w . ~ ~ _ _ - ~ f- _ _ _ _ _ - _ 4, - Imo=- ~ _ i .LL'C 4. 1 V ~ ~ ' v. ~ . _ ~ ~ 'Y'om ~ _ s.a ~=~I I'_ _ - yaa~ i a ~ f~4~1M.f.L.. - w ; ~A~ iv9Ct-- l ~ Y..asy+y3 . _ 1~~ rw.w.~ ~,IL 1`;~(_t FY x.29.9;3 ~ ~~i ~~~.t i; rr~ rs c:c~; ; ~c;c~~ ~ r;~~E. r r~ ~ ` {}7"~~ / 1 j Ak y~~ •r.~ iTI ; Fc'~ i"J~~~~.ti W`,~ ~ i ~ ~ ~ mil' ~.f~ ,s` w`, ~ ; 7 t 7- ~ 1 ,ate -~:'~fr~- ~:.~i'% a'' : ' ~ c ~ ~ i~;~ C 'rte -.r _ _ _ t; ~'h..- 1~,; ~y~ ,rte ,ea- GSt ~ ~ s~ ;':~.K ~ t'~ ° _r. ~ _ _ _ I y. ~ ~ i _ 1 ~ _ ` ...i 1. ~ YG Ri ~.i ~ ~ t ii _ F_f;l ~c=:F V~\IL ~~R~:HIT ECTS COLLA(30R~\ 1 IV(_ ~9. 3 FOR MORE INr ORMA rION CALL CAROLINN;'1KEMBLAY PROJ~C1' COORDINATOR 845-9601 YOUx COMMENTS ANli SUGGES'1IONS ARE APPRECIATED. r ORDINANCE NO. 5 SERIES OF 1993 AN ORDINANCE AMENDING CHAPTER 16.04, AND SECTIONS 16.12.010, 16.20.220, 16.22.160, 16.26.010, 16.20.015 AND 16.22.016 OF THE TOWN OF VAIL MUNICIPAL CODE TO PROVIDE FOR THE PROHIBITION OF NEON LIGHTING AND SIGNS AND EXTERIOR GAS FILLED, ILLUMINATED AND FIBER OPTIC LIGHTING AND SIGNS, AND PROVIDING REGULATIONS REGARDING THE REVIEW OF ALL OTHER GAS FILLED, ILLUMINATED AND FIBER OPTIC LIGHTING AND SIGNS, AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Council finds that signage has a significant impact on the visual quality and character of the Town; and WHEREAS, it is important to maintain the quality of the signage in order to maintain a resort market preserving the unique character of the Town and fostering the quality of the Town; and WHEREAS, the Town Council finds that the proliferation of signs in the city would result in visual blight and unattractiveness and would convey an image that is inconsistent with the high quality resort environment; and WHEREAS, the Town Council finds that effective sign control has preserved and enhanced the visual character of other resort communities in Colorado and other states. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 1 Chapter 16.04 is hereby amended by the addition of the following sections: Section 16.04.165 Neon Light or Sipn - a sign or light in which a colorless, odorless, primarily inert gaseous element known as neon is found and produces illumination. Section 16.04.115 Gas Filled Light or Sian - a light or sign in which illuminating gas is heated to produce light. Section 16.04.125 Illuminated Liaht or Siqn -alight or sign emitting or reflecting a steady suffused or glowing light. Section 16.04.075 Fiber Optic Light or Sipn -alight or sign of very thin, transparent, homogeneous fiber of glass or plastic that is enclosed by material of a lower index of refraction and transmits throughout its length through internal reflections. Section 16.04.125 Liahtina, accent - "accent lighting" means a light source illuminating a surface by the means of spotlights, gas filled tubing or other similar 1 s features. Section 2 Section 16.12.010 - Paragraph C is hereby amended to read as follows: C. Review and approval of the Design Review Board for window signs exceeding five (5) square feet but not more than ten (10) square feet, exterior signs exceeding 5 square feet, subdivision entrance signs, all sign programs, permitted pan channelled, gas filled lighting/ sign, illuminated lighting/sign and fiber optic lighting/sign. Section 3 Section 16.20.220 -Paragraph B(1) and Section 16.22.160 -Paragraph B(1) are hereby amended to read as follows: Section 16.20.220 - Paraaraph B(1) -Size and Section 16.22.160 Paraaraph B(1) -Size Any sign or signs attached to or applied to the inside surtace of any exterior window will be limited to a coverage of 15% (fifteen percent) of the total window space. Further, with the exception of illuminated, gas filled and fiber optic signs, no sign or signs shall cover more than ten (10) square feet of any window space. Illuminated and gas filled signs shall not cover more than three (3) square feet of any window space. Section 4 Section 16.20.220 - Paragraph D -Number and Section 10.22.160 Paragraph D -Size are hereby amended to read as follows: Section 16.20.220 - D -Number and Section 16.22.160 B(1) -Size Each window frontage may contain sign or signs within the prescribed sign limits for each frontage on a street or major pedestrian way with a maximum of two (2) signs per frontage. Not more than one (1) sign for each frontage shall be permitted to be illuminated or gas filled or fiber optic. Section 5 Section 16.20.220 Paragraph F and 16.22.160 Paragraph F are hereby amended to read as follows: Paragraph F -Design -All illuminated, gas filled or fiber optic window signs shall be subject to review by the Design Review Board. Section 6 Section 16.20.220 Paragraph I(4) -Special Provisions is hereby amended by the addition d of sub paragraph I(4) to read as follows: 2 I(4) - An illuminated, gas filled or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. One (1) square foot of sign shall be allowed per each five lineal feet of frontage of the individual business or organization having its own exterior public entrance in a single business use or a multi- tenant building with a maximum of three (3) square feet of sign allowed for a business with insufficient frontage. A maximum of 10 sq. ft. shall be allowed for one (1) sign. A maximum of one (1) sign per frontage, not to exceed a total of two (2) signs for the business shall be allowed. Section 7 Section 16.22.160 Paragraph I(2) -Special Provisions is hereby amended by the addition of paragraph 1(2) to read as follows: I(2) An illuminated, gas filled or fiber optic window sign may be used to identify a business which has no other exterior business identification sign. 2.5 square feet of sign shall be allowed per each five (5) lineal feet of frontage of the individual business or organization having its own exterior entrance in a single business use or amulti-tenant building, with a maximum of five (5) square feet of sign allowed for businesses with insufficient frontage. A maximum of ten (10) square feet shall be allowed for one (1) sign. A maximum of one (1) sign per frontage, not to exceed a total of two (2) signs for the business shall be allowed. Section 8 Section 16.26.010 of the Municipal Code of the Town of Vail is hereby amended by the addition of Paragraph M to read as follows: Section 16.26.010 - Paragraah M 1. All neon signs. 2. All illuminated, gas filled and fiber optic signs and lighting located on the exterior of any building or structure. 3. Illuminated, gas filled and fiber optic window signs which are greater than ten (10) square feet in size and which can be seen from any public way within the Town. Section 9 Chapter 16.20 is hereby amended by the addition of Sections 16.20.015 to read as follows: 3 Section 16.20.015 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate windows or display material; B. Location. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business. C. Design. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vaii Municipal Code. Section 10 Chapter 16.22 is hereby amended by the addition of Section 16.22.016 to read as follows: Section 16.20.016 Accent Lighting. Accent lighting shall be regulated by the following: A. Purpose. To illuminate windows or display material; B. Location. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. The lighting source of accent lighting shall not be visible from any public way as viewed from the exterior of the business. C. Design. Subject to the approval of the Design Review Board pursuant to Chapter 16.16 of the Vail Municipal Code. Section 11 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 12 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 13 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty 4 imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 14 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 1993, and a public hearing shall be held on this Ordinance on the 18th day of May, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holiy L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this -day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:10RD93.5 5 _ r. ~ vim; r ~r t~~ ~r z-~i.x~rY r~.,,M,,,,r k~ i ~ • . ?;w T'~ fn sib, +j"". i s ~ 1 . r.: ~.l iL r ~ '.r ~ ~t; A:.......i~ 'L.rs ..a,. nw.. _ ,>..n.. _ _ .:~..e... ,y' w,. _ t .il ~.1.~. .s....~y ,.~5., . ~~r..' • The Va~1 ?fail -May"7, 1993 Pl~~s ~o b~ ~Tazl, neou9 r~s~t outdoor hg~i~ng By SCOTT WILLOUGrin~ to one per building side. In- non-conforming signs to be .tended the council meeting ar-. tempting to allow reasonable The Vail Town Council took terior gas-filled signs within "grandfathered" in, enabling gued that .they have made . amounts of light without nega- the first step toward eliminat- three feet of windows will be business owners to maintain large investments in their signs Lively affecting neighbors. ing neon within town limits on considered the same as exterior but not replace signs that do . and would like to continue us- The ordinance limits lights to Tuesday, ,unanimously ap- signs. All lit signs larger than not meet the code's require- ing them: one per 1,000 square feet of lot proving the first reading of a five square feet, either interior ments. Councilman Jim Gibson "We recognize your invest- area. In commercial zones, .new sign ordinance. or exterior, will be subject to objected to the non-conforming ment," Mello said. "You don't light poles cannot exceed 35 The ordinance bane the use design review. clause, suggesting town staff have to take them down .to- ~ feet, and in residential zones, of exterior gas-filled and fiber According to community de- examine the possibility of re- morrow." . they cannot exceed eight feet. ' optic signs and the use of neon velopment planner Shelly placing it with a three or four At the same meeting, the The ordinance excludes signs altogether. Signs filled Mello, neon light has a much year amortization clause. council also unanimously ap- temporary Christmas lights with gases other than neon, stronger source than other "If I were a merchant, I'd ar- proved the first reading of an .and municipal lighting in- such as argon, and fiber-optic , types of gas lighting and the gue to break the rules too, since ordinance that requires out- stalled for public safety. signs will be allowed internally, quality of light is worse, others are allowed to break the door lighting plans to be ap- Both ordinances will un- pending approval by the prompting the ban. Gas signs rules just because their signs proved by the DRB. The ordi- dergo second readings at the " town's Design Review Board., heretofore went unchecked by were already there," Gibson - nance attempts to set a stan- next town council meeting on The ordinance, 'however, the town. said. dard for intensity and diatribu- May 18 before being formally limits the number of such signs The initial ordinance allows The few merchants who at- tion of outdoor lighting, at- adopted:. ~ kc : T'c ( a-ti4 y ~AM • L 4' ~ f r~ ~ ~ . nr~ P~a~~ bate: S'- ~ ~ - 9'3 Reply-t+~ Fax S T 3-870-~~ Sheet: ~ of ~ To: ~aYc.~.Y?J . V' tax ~ - X79 -~~~7 t!' YOU RECEIVE TEtlS MATERIAL BY MISTAK>w PI~p,.S"c DE'"1a RCY~ AS tY CON'fgtN$ CONF~- OENTIAL MATi'I±R. ANY ~IT'!CN QR tlSS qF SUCS~i MATI:rtIAL MAY SE !LLlzGAL UNDER svcH ~Iaaunrls7,~~s, Message: y , f/ I ~~as~~~ titdus#s~es, trtc. ytoc otb. Foua.+a, oh a6~ts p[isi e~oawo - 1s - f May 17, 1993 , Tovn Council Town of Vail 75 S. Frontage &ohd, Mast Vail, CO 81657 FA%: 303-479-~].b7 Gentlenens • i am vritiag to voice serious objective to the proposed Vail • lighting ordinance changes to be considered at your ltay 18th • nesting. BackQround- AS ve undertook a residential building project 7 or 8 years ago, ve Felt that the general practice of residential lighting in Vail Mas not up to the other bigh standards of the residen- tial coaetuAity. ~8p8cifically, in our opinion, lighting sees;ed to be pt-imarily a bullet light beside the front door or on a • siu~le street lamp poet, bright ground lights ebinning up into otherMise unattractive shrubbery or simply Washing the house trails in a random fashion. For this reason, we enployed the services of the most highly regarded national landscape light- ing 2frm tJohn Matson, Inc.). Mr. Matson developed his reputa- tion for tasteful lighting Nhere the necessary aesthetic and • general needed exterior illumination came from invisible light sources such that the perception was only ot?e of a pleasing distribution of lighted objects. Experts in the field named his process ~~noonbeaoa lighting". Current .Situatioa~: • As I understand it now, though I have ilot porson$lly had any direct intormatiob forthcoming from the '~oxs1 of Vail proceed- ings, I'm told that there ig language afoot that Would virtual- ly alininata all, residential lighting. 1Phile I certainly • snppart tho belief that the town of Vail should have a residen- . tial ligtttittq policy, from vhat i know of the proposed ordi- nance, I believe that this particular language trill not benefit the oomeaunity in bhe long rue. 7100 Dixie Highway • Fairfield, Ohio 45014-5543 • S 13-870.3600 u+dwtr~os, Ana. . ~ Y -2- ~nec ~biac~ions: As I have said, I am Clot aware of the absolute specific lan- guage whioh you are considering, however from what I hear, in general on the subject, I Would raise the folloKing specific objections: 1. Full cut•ott outdoor lighting limited to uo elevation above 8 feet would simply eliminate the pos81b11ity of any tastefully done np or down lighting to Qnhance the resideatial scene in Vail while in no way causing any objection to neighbors. In this regard, I should think that the acceptance of lighting soi:reea should be based on the overall look achieved on the immediatQ praperty coupled with an absolute consideration that the resulting lighting sad its source not be objectionable.to immediate pas9ers by or neighbors. 2. I objeot•to what I consider to be the intention of the Vail Council to make this ordinance retroactive to previous approvad.lightit~g plans and expenditures. I believe it is unfair !ox tba Council to approve certain building Practices then change their rind about them and go back to tax paying praperty owners causing them to change what had been approved. 3. I also obiect to the limitation to "Christmas tree" lighting on~,y for the winter season. I believe that some of the favorable ambiance of the Vail community has been the attractive both white and colored Christmas tree lighting in both commercial, municipal and residential locations in Vail. Y was under the impression that the tpwn bad encouraged such Christmas tree lighting in the past and particularly during tha time of the florid Cup Ski racing. Yt seems to me that many homeowner8 in Vail are going to the expense of illumin atlas their Chtista~as tree lights during the smm~er as xell as the Minter heason not only for their own enjoyment but for that of the community as a whole and 1 feel that Christmas tree lighting therefore should be permitted on a year around ba$is. s ~ i - 3 In conckgsioa,'3 believb the Council ahouid not be exaye8 by a small ra4ical group visioning vail night tine vith ao lights . whataoevex. Instead I believe the Council should have a light- ing ordinance rhioh embraces the pleasing sea forms of night lighting done in other fine residential communities to enhance the appearanoe of the torn and real oetate values 1A general. Therefore I sincerely hope the Council will atrangly consider the laaqu8ge of the proposed lighting ordinance changes to incorporate and give Wore timQ to study thi9 issue $o thnt it can incorporate s sore enlightened view of outdoor t~esidential lighting practices and not pass an ordinance which will indeed take Yail back into the "Dark Agea" of simply bullet lights beside the lroAt door. Respectfully aft"'`t'~ed, David H. FeaSe; ar. _ 454 Deaver Dag Road ORDINANCE NO. 9 SERIES OF 1993 AN ORDINANCE AMENDING CHAPTER 18.04 OF THE VAIL MUNICIPAL CODE BY THE ADDITION OF SECTIONS 18.04.137, 18.04.205, 18.04.251, 18.04.273 AND 18.04.367, St ~ ~ iNG FORTH NEW DEFINITIONS RELATING TO THE ZONING CODE; REPEAL{NG SECTION 18.54.050(C)(11); AMENDING SECTION 18.54.040(C)(1) OF THE VAIL MUNICIPAL CODE BY THE ADDITION OF PARAGRAPH (m) PROVIDING FOR OUTDOOR LIGHTING PLANS TO BE SUBMITTED TO THE DESIGN REVIEW BOARD OF THE TOWN OF VAIL; AMENDING SECTION 18.54.050 OF THE MUNICIPAL CODE OF THE TOWN OF VAIL BY THE ADDtTiON OF PARAGRAPH (J) PROVIDING A NEW SECTION OF THE DESIGN REVIEW BOARD GUIDELINES RELATING TO OUTDOOR LIGHTING; AND PROVIDING DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail wishes to minimize the unintended and undesirable side effects of outdoor lighting, while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting; and WHEREAS, the Town Council wishes to establish a new section of the Town's Design Guidelines, setting forth standards to regulate outdoor lighting. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado that: . Section 1 Section 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.137 to read as follows: Full Cutoff -Alight source in which no more than 2.5 percent of its total output is emitted above 90 degrees as measured from nadir as shown in the example below: r r ~ ? • • ~ • • ~ • • r ~ _ ~ / ' r ` ~ ~ " V y Y ~ . ^ I ' ~r o• , . , . . ~~j~ t Section 2 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.205 to read as follows: Light Source - a single artificial point source of luminescence that emits measurable radiant energy in or near the visible spectrum. Section 3 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.251 to read as follows: Luminous Area -The maximum fight emitting area of a light source, measured in square inches. The maximum light emitting area is the area of translucent material which encases a light source. 1n the case of a clear glass covering, the luminous area is the area of the light source. Examples of luminous area are shown below: ~ e• I I• / • l~. ._.I - 'Town and Country Spot tight ' Translucent Encasements 80 sq. ln• Radius ~ two Inches ~ 92,6 sq. tn. luminous areas (8 x 90) luminous area .(3.94)(2 ) • ~ \ / L9 6" Ir 1 ~ ~~.1" Town and Country Clear Glass ~ Flame Style luminous area • ((998) x (4.4)) • 90.45 sq. tn. luminous area • (1 x 4) = 4 sq. ln. 2 r Section 4 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.273 to read as follows: Outdoor Llghting -Any light source, or collection of light sources, located outside a building, including but not limited to, light sources attached to any part of a structure, located on the surface of the ground, or located on free standing poles. Section 5 Chapter 18.04 of the Vail Municipal Code is hereby amended by the addition of Section 18.04.367 to read as follows: Source Lumens -Total initial lamp lumens of the light source. Section 6 Section 18.54.040(C)(1) of the Vail Municipal Code is hereby amended by the addition of Paragraph (m) to read as follows: (m) Lighting Plan. An outdoor lighting plan shall be submitted separately from the site plan or landscape plan, and shall show the location, the height above grade, the type of illumination (such as incandescent, halogen, high pressure sodium, etc.), the source lumens, and the luminous area for each light source which is proposed. The applicant shall provide documentation that the lights meet the standards set forth in Section 18.54.050 (J)2. In addition to locating this information graphically on a plan, the applicant shall provide the information on the application form provided by the Town of Vail Community Development Department. Section 7 Section 18.54.050(C)11 of the Town of Vail Municipal Code is hereby repealed: C..~..:... 1' 4. ,.~,;gk~t+r~v EII ve-des+geed-aed-le2ste~ I:: ~:G..;,EF-tA-i~iiRi{i?t~8 I:":r33t-9~1i~.':tl::~ ~~9R 7TVY~~ 4. vflarJ~~t. u ~,iN Fin. .Lr6.7L~TTi. f"~vFn'~t~"T 3 Section 8 ' Section 18.54.050 of the Vail Municipal Code is hereby amended by the addition of Paragraph (J) to read as follows: 1. Purpose This section of the design guidelines establishes standards for minimizing the unintended and undesirable side effects of outdoor lighting while encouraging the intended and desirable safety and aesthetic purposes of outdoor lighting. It is the purpose of the design review guidelines to allow illumination which provides the minimum amount of lighting which is needed for the property on which the light sources are located. In addition, the purpose of this section is to protect the legitimate privacy of neighboring residents by controlling the intensity of the light source. 2. Approval Required All outdoor lighting within the Town limits shall conform to the standards set forth below. For the purposes of this section, residentially zoned properties shall be defined as those in Hillside Residential, Single Family, Two-Family, Primary/Secondary, Residential Cluster, Low Density Multi-Family and Medium Density Multi-Family Zone District, as well as all Special Development Districts which have any of the above-referenced zone districts as the underlying zoning. All other zone districts shall be considered, for the purposes of this section, as being commercially zoned. a. Luminance: Light sources located on all property in the Town of Vail which are not fully cutoff shall exhibit a ratio of source lumens to luminous area not exceeding 125. For example: source lumens < 125. luminous area 4 b. Frequency: For lots in residential zone districts, the maximum number of light sources per lot shall be limited to one light source per 1000 square feet of lot area. The location of said lights shall be left open to the discretion of the property owner, so long as the lights are in compliance with the Town of Vail's Municipal Code. c. Height Limits for light fixtures: (1) For all light sources located in commercial zone districts, the maximum mounting height for light sources on a pole shall not exceed 35 feet. The maximum mounting height for light sources affixed to vegetation shall not exceed eight (8) feet. (2) For all light sources located in residential zone districts, the maximum mounting height for light sources on a pole or on vegetation shall not exceed eight (8) feet. d. Light sources affixed to structures: For all properties within the Town of Vail, light sources may be affixed to any wall of a structure. Light sources shall not be affixed to the top of a roof of a structure. e. Cutoff shields: All light sources located in commercial zone districts which exceed 15 feet in height shall exhibit a full cutoff shield. f. Lights which flash, move revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use intermittent electrical pulsation are prohibited. 3. Exemptions. The standards of this section shall not apply to: a. Christmas tree lights which are of a temporary nature located in residential zone districts, as listed in Section 18.54.050 (J)2, and which are illuminated only between November 1 and April 15 of each year. b. Christmas tree lights which are temporary in nature and are located in zone districts other than those residential districts listed in Section 18.54.050(J)2. c. Sign illumination, as set forth in Title 16. d. Municipal lighting installed for the benefit of public health, safety and welfare. 4. Non-Conformances. As of the effective date of this ordinance, al{ outdoor lighting that does not conform to every requirement of this ordinance shall be non-conforming outdoor lighting. Such non- conforming lighting shall be legal and may be continued and maintained for five (5) years after the effective date of this ordinance, but thereafter shall conform to every requirement of this ordinance. The five (5) year period after the effective date of this ordinance shall be ca!!ed "the 5 transition period." During the transition period, non-conforming outdoor fighting shall not be { moved in any direction, nor shall there be any change in use or light type, or any replacement or structural alteration made to the non-conforming outdoor lighting, without the outdoor lighting conforming to all applicable requirements of this Chapter. 5. Penalty. The penalty for violating this Chapter shall be a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) per violation. Each day of violation shall constitute a separate offense for the purpose of calculating the penalty. Section 9 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 10 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 11 The repeal ar the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 12 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of May, 1993, and a public hearing shall be held on this Ordinance 6 L on the 18th day of May, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk c:waos3s 7 r ORDINANCE NO. 13 SERIES OF 1993 AN ORDINANCE AMENDING PARAGRAPHS 16.32.030(F) AND 16.32.040(A) OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, TO PROVIDE FOR THE~TERMINATION OF ANY NON-CONFORMING SIGN FIVE YEARS AFTER THE EFFECTIVE DATE OF ANY AMENDMENT TO THE SIGN CODE ORDINANCE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town Council of the Town of Vail has enacted an amendment to the Sign Code regulating neon and gas lit signs; and WHEREAS, the Town Council wishes to amend the Sign Code to require that non- conforming neon and gas lit signs shall terminate five (5) years after the effective date of the amendment. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: 1. Paragraph 16.32.030(F) of the Municipal Code of the Town of Vail is hereby amended to read as follows: By amortization the right to continue to use oroperate anon-conforming sign shall terminate five (5) years after the effective date of the ordinance codified in the title or any amendment thereto or the annexation of the area in which the sign is located to the Town of Vail. 2. Paragraph 16.32.040(A) of the Municipal Code of the Town of Vail is hereby amended to read as follows: A) Within a reasonable time after the effective date of the ordinance codified in this title, any amendment thereto, or the effective date of the annexation of any area to the Town, the Sign Code administrator shall compile a list of the existing non-conforming signs and present said list to the Design Review Board at its next regularly scheduled meeting. The Design Review Board may affirm, add to, or delete signs from the list as presented by the Sign Code administrator. After the review of the list of non-conforming signs by the Design Review Board, the Sign Code administrator shall send written notice by regular mail, postage prepaid, to the owner of the non- conforming sign (if know to the Sign Code administrator) and to the owner of property, business interest or enterprise advertised or identified by the non-conforming sign. Within fifteen (15) days from the date of said notice, 1 the owner of the sign or the property, business interest or enterprise advertised or identified by the non-conforming sign may appeal the classification of the sign as non-conforming to the Design Review Board and the Town Council, or he may file an application for a variance. The date of the notice shall be deemed to be the date of its mailing. The Design Review Board may recommend to the Town Council that the application for a variance be granted, and the Town Council may approve the application if it is found that the sign substantially conforms to this title, that it does not adversely affect the character of the neighborhood, and the same would be in the public's interest. If the variance is granted, the sign may continue in existence subject to the provisions of this title, and subject to any conditions that may be made on the approval by the Town Council. If the application is denied, the right to continue anon-conforming sign shall terminate in accordance with the provisions of this chapter. 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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. 4. 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. 5. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 6. 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 2 4' repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1993, and a public hearing shall be held on this Ordinance on the _ day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\OFD93.13 3 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: May 18, 1993 SUBJECT: Ordinance No. 7, Series of 1993, a request for a major amendment to Cascade Village, SDD #4, Area A, Millrace III, 1335 Westhaven Drive, Cascade Village. Applicant: Michael Lauterbach Planner: Jim Curnutte :.::..~..,.:,r...:::::::..:.:..:::::::....:.:...r.:::::..........:,,::...:::.::..:::...:.:..,::,:.::::::::::::::::::::::::::...:..:..:::::.: :•.Y ;:i:.: r..::w:.~x:: s::::::n . . ::~t i4:4:: :.........n...................:::::n:n:::::::::. }::::::v: vi vvi:.~~ ~v?i~:;iii:::;::L}:ii:ii:S>. i:<ui{Jii:;:ii:;i:};:; • n~iiiiiiiiYiii::~i::<~/;: ii:4i?:?vrviir ~.v:' On February 8, 1993, the Planning and Environmental Commission (PEC) reviewed and recommended approval of a request to amend SDD #4, Cascade Village, Area A. The vote was 6-0. See attached staff memo to the PEC. The PEC attached the following conditions to their recommendation of approval: 1. The site plan shall be amended to show a designated limit of construction activity line. This line should follow the 50 ft. setback line with the exception of the area behind the single family residence. The purpose of this line is to ensure that construction activity be limited to the area east of the line. A physical barrier along the limit of _ construction activity line shall be in place prior to the issuance of a building permit for the project. Staff will then make periodic inspections to the property throughout the construction to assure that no disturbance occurs west of the construction barrier. The bamer should be of a design which not only delineates the limit of construction activity, but also provides for the control of sedimentation into Gore Creek. This barrier may be accomplished through a combination of snow fencing, hay bales and fine mesh netting. 2. A 10 ft. pedestrian fishermen's access easement shall be provided along the shore of Gore Creek. This easement should extend approximately 10 ft. from the high water mazk of the creek to allow fishermen access up and down Gore Creek. This easement will be dedicated at the time the minor subdivision is approved. 3. Additional landscaping shall be provided on the north side of the existing recreation path. This vegetation in addition to that shown on the landscape plan will help mitigate for the losses being proposed as a result of the construction of the two buildings. At a minimum, 10 1 aspen or ash trees (3" cal. minimum) shall be provided along the path along with 10 - 20 evergreen and deciduous shrubs. 4. Since this property is currently unplatted, a minor subdivision plat must be submitted, reviewed and approved by the Town prior to the issuance of a building permit for the project. 5. The applicant agrees to provide the necessary improvements to that portion of Westhaven Drive directly in front of his property line to bring the road up to Town standards. These improvements may include, but are not limited to, curb and gutter, drainage, and a new lift of asphalt paving. 6. Certain minor modifications shall be made to. the site plan, landscape :r plan and floor plans so that features shown on any one of the three aze accurately reflected on all plans per the staff memo on page 6. These changes shall be made before the project proceeds to first reading by the Town Council. 7. The southern half of the single family residence shall be shifted 3 -5 ft. away from the road and that the entire building be shifted approximately 5 ft. further to the north. The applicant, Michael Lauterbach, has already satisfied PEC conditions 1-4, 6 and 7, therefore they are not reflected in Ordinance No. 7, Series of 1993. Ordinance No. 7, Series of 1993, has been written to address the Council's concerns with regard to the status of Westhaven Drive. - In respect to condition 5, the applicant has agreed to be bound by the same conditions agreed to by the developers of the Waterford and Cornerstone projects, with the exception that Mr. Lauterbach would like to have a clause added to the conditions which releases him from the obligations contained therein when and if the developers of the Cornerstone and Waterford project apply for a building permit before himself. If the developers of Cornerstone or Waterford apply for a building permit prior to Mr. Lauterbach, they will be providing the $97,500 necessary to upgrade the road and, therefore, it will not be necessary to bind Mr. . Lauterbach to the conditions contained in Ordinance No. 7. Ordinance No. 7 repeals and reenacts Ordinance No. 1, Series of 1993. All changes to the previous ordinance applicable to the Millrace III development are shown in bold. c:yim~nemos~tcmllrac.518 2 FILE CQPY ~1E>\'IORANDUII TO: Planning and Environmental Commission ' FROM: Community Development Department DATE: February 8, 1993 SUBJECT: A request for a major amendment to Cascade Village, SDD n4, Area A, 1\'Iillrace III, 133 `'Jesthaven Drive, Cascade Village, more specifically described as follows: A cart of Nc SW +~i, XE Se-:tiara I2, Township S South, Range f l Wcst of she 6.A I'.hi., described a~ foilew•s: 13cginning at a point of the ~enh•So.:!t ccnsrrlinc of said Satian I2 w•hpn;c an iron pin with a pJaaic np r..arl:ing Ne eentu of said Settion 12 lcaz S0~`3S'S6'W -55.G5 fcc.t; thence along said tcntarline XUO`3S'S6"E 122.51 feet to she southerly ROW line of I-70; Nrstce dcparing ssiJ n01J Line \66`53'25'G 39.15 feet; thence departing said ROW line SS1`23'IS'E 165.<2 feel to a.poini of curve; thence 122.53 fat zlong the arc of a 1<3.20 toot r:d;us cure to :he Icfl, having a ccnval angle of <9'OS'SI' and a chord Nat bears SIS`Si'<S'E 119.10 feet; thrrce Sc0`32'10'E 3.00 feet; thence 66.30 fort along the arc of • i7.21 foot radius cw-ve to the right, having a Cenral ar,61e of <9'l2'10' and a chard thst burs SIS`56'US'E 6a ~S feu; thence SS`40'00'W 90.27 feet; Nenca X3S`<2'2s-W 22<.SS fccC thcnte Si5`30'32'1V 101.<d feet to the Point e! Dcginning. ' Applicant: ~4ich~el Lauterbach Planner: Jim Curnutte ::.t.:::.:..:: ~ x v:•::.~......... .:....•......A... .n:i n. nv: 5~ .:::::..........A.... :v~v:: ter::. . ~..:c.: n.:v:.vv..,,.•...t:;'':..... :...:;,.:,.,,Z,,,•.,.:.'"•:d:GN iiwia::o::G:::vi:::i::•u:,;:vxv:w.d:ni5:.o:»f:.ox.:ar ..:~e.,.,.::...~:~.~ax~::w. . I, DESCRIPTION OF THE REQUEST The applicant is seeking approval of a major amendment to Cascade Village, SDD No. #4, Area A, ~'Iillrace III, in order to construct one duplex and one single family residence on the .819 acre (35,576 sq. ft.) 'Millrace III site. Each unit is approximately 2,000 so. ft. in size and will have atwo-car garage and a gas fireplace. The beildings ~~~ill have a maximum building height of approximately 3~ feet and a total site co~'era~e of 3,907 sq. ft. Since this property is currently unplatted, the applicant must also receive approval of a minor subdivision prior to the issuance of any building permits related to this project. Following the construction of the residences, the applicant will file single family and duplex subdivision plats. . The Millrace III property is bounded by \Vesthaven Drive on the East, the South Frontage , Road right-of-~vay and the \~Jesthaven Apartment property {the ruins) on the north, Gore Creek on the south, and the Cascade Club tennis court property on the west. The property is currently vacant with the exception of t~~`o paved parking areas, one unpaved parking area and the paved recreation path. The former owner of this property has allowed the A~illrace Condominiums to maintain and use this property for parking for a number of years. 1 ' a, a However, the Association does not have any legal right to use this propeny. It appears the Millrace III property has been zoned SDD since the time it .vas annexed into the Town of Vail in 197. Access to this propeny will be from Westhaven Drive, which runs along the eastern property line. II. BACKGROUND In 1\4arch of 1980, a development plan per the SDD .vas approved for this property by the DRB. Under the appro~~ed plan, development was to occur in a single triplex building. The total GRFA for the building was calculated at 5,660 sq. ft., according to the definition in effect at the time. This figure equates to 6,355 sq. ft. of GRFA if calculated using today's definition. The maximum height of this building vas 36 feet and the total site coverage was approximately 3,800 sq. ft. Approval of this pla» has since expired. In R1ay of 1992, the applicant requested a work session with the PEC in order to receive feedback on his conceptual plan to place three single family dwellings on the property. Each of these units was approximately 2,000 square feet in size with a combined site coverage of approximately 3,800 square feet. Two of the units were proposed to be three levels high with - the last unit being limited to t~vo levels. At a PEC worksession on December 7, I992, Mr. Lauterbach presented a new scenario for developing the property. The conceptual site plan sho~~~ed a duplex building near the southern end of the site and a single family residence at the northern portion of the site. Each of these units was proposed to be approximately 2,22 sq. ft, in size and tl~e combined site coverage of the project was x,570 sq. ft. The purpose of the December 7, 1992, worksession was to receive direction from the PEC regarding a number of de~~elopment parameters. The PEC agreed that the single farnil}~/duplex approach would be acceptable as long as the building sizes could be consolidated to reduce site coverage and overall lot disturbance. The Planning Commission agreed not to count o~~erlapping stairs as GRFA in the new development scenario. Another item discussed by the PEC had to do wi[h setback requirements from 1'Jesthaven Drive and the recreation path. The PEC felt that a minimum setback of 8 ft. would be desirable along `'l'esthaven Drive with a 12 ft. setback from the recreation path. The Plannin; Commission discussed abandonment of the existing recreation path easement which does not line up with the actual location of the path. The Commission agreed to abandonment of the easement provided that a ne~v 15 ft. wide easement be platted directly over the existing recreation path at the time of minor subdivision. The final comments from the Planning Commission at the December 7, 1992 meeting had to do with minimum distance between buildings and the proposed building locations. The Planning Commission felt that the.t~vo buildings could be as close as 12 ft. between building foundations, however the PEC requested that the locations of the single family residence and the duplex be switched so that the duplex is located on the north side of [he lot. At the January 25, 1993 PEC worksession, A1r. Lauterbach presented his ne~v scheme for the property which took into account many of the comments made by the PEC at their December 2 f 7, 1992 meeting. The plans submitted at this worksession were much more detailed than had ' been previously provided (i.e. scaled floor plans, elevation drawings, landscape plan, etc.). Upon review of these ne~v detailed plans, the staff and tl~e PEC suggested additional revisions . that the applicant should make prior to requesting final SDD Amendment approval: These revisions involved the reduction of GRFA, site coverage and building heights from those shown on the plans, preservation of the Gore Creek riparian zone, architectural changes to the buildings, and 1Vestha~~en Drive improvements. 1Vith regard to protecting the Gore Creek riparian zone the PEC agreed to allow ;~~r. Lauterbach to move his buildings closer the front propeny line than the previously imposed 8 ft. setback limit. The PEC felt that the building setback reduction would be acceptable in light of the distance between the front property line and the edge of the 1Vesthaven Drive pavement. The PEC felt that the trade off between having the buildings so close to the road and protecting the Gore Creek natural area vas acceptable. The applicant has addressed each of the recommendations raised at the January 2~, 1993 meeting and no~v wishes to be considered for final SDD Amendment approval. III. ZO~'II\'G Cn\'SIDERATIONS Each of the development parameters tia~•e been compared with the previous approval (1980 triplex) and the plan being proposed today. Section I8.46.0~0 -Permitted L'ses Allo~ti•ed: The applicable uses permitted in Cascade Village at this location include single family dwellings, two-family dwellings and multi-family dwellings. Pre~~ious Appro~•al: . One triplex building Proposed: One duplex and one single family residence. Section 18.46.103 -Development Statistics for Area A (Millrace III) Allo«•ed: ' Three d~ti•elling units, 6,000 sq. ft. GRFA, six on-site parking spaces. Previous Approval: Three dwelling units (triplex) 5,660 sq. ft. of GRFA (calculated according to the definition in place in 1950), 6,355 sq. ft, of GRFA (calculated according to today's definition), 6,063 sq. ft. (calculated according to today's definition, not including overlapping stairs), and three on-site enclosed parking spaces. Proposed: Three dwelling units, (1 duplex and 1 single family) 6,422 sq. ft. of GRFA (calculated according to today's definition), 5,972 sq. ft. (not including 3 ~l overlapping stairs), and six on-site enclosed parking spaces. Section 18.46.120 -Setbacks Required: The minimum required setback on the oerioherv of all of Area A shall be not less than 20 feet 50 foot stream setback from Gore Creek . Previous appro~•al: In 1980 when the triplex building vas approved both the recreation path and the northern property line did not exist. The building .vas setback 15 ft. from the front property line and 30 ft. from the centerline of Gore Creek. Proposed: The proposed plan shows that the duplex building is setback 15 ft. from the _ north property line (adjacent to the ruins), 12 ft. from the recreation path, 53 ft. from the centerline of Gore Creek and 3 ft. from the front property line adjacent to 1Vesthaven Drive. Section 18.46.140 - Height Allo«•ed: 48 feet Previous approval: 36 feet Proposed: 31 feet (duplex) and 36 feet (single family) Section 18.46.160 -Site Coverage allo«~ed: 3590 (12,486 sq. ft.) Previous Approval: 10.7no (3,800 sq. ft.) Proposed: 10.910 (3,907 sq. ft.) _ ~ .Section 18.46.170 -Landscaping • Allo~ced: 5090 (17,838 sq. ft. minimum) Prey°ious approval: 82% (29,200 sq. ft.) - Proposed: 8290 (29,400 sq. ft.) Section 18.46.180 -Parking and Loading ~ .Required: 7590 of all required parkin; shall be located within the main building or . buildings, and hidden from public view from adjoining properties within a . landscape berm. Precious approval: 50% of all required (2 spaces per unit) were located ~~vithin the main building. 4 t . Proposed: 86"Jo of all required parkin; spaces are located within the buiIdings.. Each unit has a t~~~o-car garage. ' Section 18.46.190 -Recreation Amenities, Tax Assessed Required: 2~ cents per square foot of GRFA must be paid in conjunction with construction but prior to the issuance of building permits. Section 18.46.280 -Conservation and Pollution Controls _ Required: Protective measures must be used to prevent soil erosion into Gore Creek, both during and after construction. IV.. SPECIAL DEVELQP~9ENT DISTRICT CRITERIA The criteria to be used to evaluate this proposal are the nine Special Development District (SDD) development standards set forth in the special development district chapter of the Zoning Code. The criteria are as follows: A. Design compatibility and sertsitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building heigf:t, buffer •rones, identit~~, character, visual integrity and orientation. The applicant has made several re~~isions to his original building design and site planning in order to respond to previous PEC ~~~orksession comments. These revisions ha~~e resulted in a better utilization of the flat buildable area on the north side of the lot, a reduction in building height from 43 ft. to 36 ft., a change in the type of roof form from Gable to hip, a reduction in GRFA and site co~-era~e, and an increase in the amount of landscaped area on the lot and reduced impacts to the Gore Creek riparian zone. . Staff feels that the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the proposed development have been designed compatibly and sensitively to the immediate . _ environment, neighborhood and adjacent properties. 1TJe would, however, . ~ recommend certain minor revisions to the buildir~_s' architecture and the proposed sire planning which we feel would improve the overall developmer plan. Staff has visited the site to review the proposed staking of the buildir;; locarions and suggests that the southern half of the single family dwelling ur;it be shifted ~ ft. toward the Creek and the entire building shifted north approximately ~ ft. ~Ve believe that this minor building location change will improve the appearance of the project as vie.+~ed from Westhaven Drive. 5 Staff's concern is that the present location of the building may present a - significant unbroken plane along \\~esthaven Drive and this may be reduced with the building shift. Staff would suavest that the visual appearance of the north side of the single family dwelling would be improved with the addition of windows and by carrying the stone ~va]I all the ~~~ay to the end of the building. Staff ~~~ould suggest that the applicant consider revisions to the west elevation of the duplex building to lessen the mirror image currently exhibited on this side of the building. Staff has observed certain minor discrepancies between the site plan, landscape plan and floor plan drawings. \'one of these discrepancies are significant enough to recommend tabling of the application at this time. However, staff would like to see revisions made to the plans to remove these minor discrepancies as soon as passible. ~n example of the differences are as follows: The deck on the west side of the southern duplex unit is not shown on the site plan. The covered entryways for both of the duplex units differs from that drawn on the floor plans. The floor plans do not reflect the large deck located on the ~~~est side of the north duplex unit. The building heights shown on the site plan do not match those . ~ exhibited on the elevation drawings. The drir~e~vay width to the southern duplex unit must be revised to be a minimum of 12 ft. wide. The landscape plan does not reflect the ne~v driveway location being proposed for the north duplex unit. The applicant has stated that a ne~v landscape plan will be revised after the Planning Commission meeting in order to incorporate all of the recommended changes the PEC may have. Some of the differences are due~to the fact that the applicant has tried to respond quickly to staff comments. 6 B. Uses, acti~•ity and density ~~~hich pro~•ide a compatible, efficient and - «•orkable relationship ~4•ith surroundinb uses and activity. . The uses, activity and density being proposed with this development. plan appear to be compatible with surrounding uses and activities. The location and use of the existing bike path will be unaffected as a result of approval of this plan. As mentioned previously, some residents of the l~~illrace Condominium Association use a portion of this property for parking. The condominium owners are aware that they do not have any legal right to continue using this property for parkins purposes. The applicant is not proposing any uses, activities or densities different from that originally approved as a part of the overall Area A development plan for Cascade Village, SDD \ro. 4. The staff has not asked for emplo~~ee housing because ~~~e believe the site is too constrained to provide for more development. This,SDD is also providing housing in morn appropriate locations within the SDD, i.e. - ~Vesthaven, \Vaterford, Cornerstone, and Glen L~•on. 1Ve ;ire looking at the entire SDD in respect to this issue. C. Compliance kith parkinb and loading requirements as outlined in Chapter 18.52. Under Section 18.2 of the Vail \•lunicipal Code, each duelling unit with less than ?,000 sq. ft. of GRFA has a parking requirement of 2 spaces and those with over 2,000 sq. ft. of GRFA would require 2.5 spaces per unit. T~~~o of the three units (the single family and the north half of the duplex) within the RZillrace III project are under ?,000 sq. ft. of GRFA and therefore require 2 parking spaces to be provided on-site. The parkins requirement for the third -unit is 3 parking spaces, as its total GRFA is over the ?,000 sq. ft. threshold. The proposed plan meets this requirement by providing attached t~vo-car . garages with each unit, plus room for se~~eral more cars in front of each garage . ~ door. D. Conformity ti~•ith applicable elements of the Vail Comprehensi~•e Plan, To«•n policies and Urban Design Plans. The applicable goals and objectives from the Town's Land Use Plan for this area include: 1.1 Vail should continue to grow in a controlled environment, maintaining a . • ~ balance between residential, commercial and recreational uses to serve . both the visitor and the permanent resident. • _ 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 7 1.3 The quality of development should be maintained and upgraded ~vhener•er possible. • . 1.12 Vail should accommodate most of the additional srowth in existing developed areas (in fill areas). 1.13 Vail recognizes its stream tract as being a desirable land feature as well as its potential for public use. _ 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in ne~v areas where high ' hazards do not exist. E. Identification and mitigation of tiaturai and/or be'olobic hazards that affect the property on ~~•hicli the special development district is proposed. - There are no natural and/or geologic hazards affecting this property which would require mitigation or restrict its development. The proposed buildings do not encroach into the 100 year flood plain or the ~0 ft. Gore Creek setback, - with the exception of a 1 ft. deck encroachment ~vhic}~ is allo~~~ed pursuant to Section 18.8.060 of the Vail \~unicipal Code. F. Site plan, buildin ; design at~d location and open space provisions designed to produce a functional de~•elopment responsive and sensitive to natural features, vebetation and overall aesthetic quality of the community. - ~ 'Staff believes that the proposed site design, building design, and location and - ~ open space provisions do provide a functional de~~eloprnent, responsible and sensitive to the natural features, ~~egetatior~ and overall set equality of the community. As mentioned previously, however, we do have some concerns with regard to lessening the o~•erall construction impacts within the Gore Creek - riparian zone and offer specific recommendations at the end of this ~ memorandum. G. A circulation system designed for both vehicles and pedestrians addressing - on and off-site traffic circulation. . The on-site circulation s~~stetn being proposed in conjunction with this _ - ~ development plan is accomplished by ~vay of three separate driveways accessing the three d~~~elling units from \Vesthaven Drive. This plan has been revie~~~ed by the Town Engineer and found to be acceptable. As mentioned previously, the recrearion path location and use will be.unaffected as a result of _ . . ~ ~-`approval of this development plan. There are some concems with regard to off-site circulation which have not been resolved at this time. Currently, 8 it Westhaven Dri~~e, from the South Frontage Road to Gore Creek Bridge, is not a publicly dedicated and maintained road. The road is owned by ~'IECA1 Enterprises, Inc. and does not currently meet Town standards with regard to grade, construction or minimum clearance beneath the pedestrian bridge connecting the Cascade Club to the building to the south and other standards. ' The Town is interested in «~orking with A•1r. Lauterbach as well as the developers of the Cornerstone and Waterford projects (developments being • proposed at the upper end of 1'~~esthavert Drive) :tnd other owners ~L•;tl?it? the SDD to brin? the rosd up to Town standards and have it dedicated to the Town for maintenance purposes. Staff does not feel that it ~~~ould be equitable to require Asr. Lauterbach to complete all of the road improvements necessary to bring ~\~esthaven Drive up to standard. Instead, eve feel that Mr. Lauterbach should only be required to bring that portion of the road directly in front of his property up to Town standards. The applicant has agreed to complete this work prior to the issu::rue of a TCO for the project. H. Functional and aesthetic landscaping and open space in order to optimize and preser~~e natural features, recreation, ~~ie~~•s and functions. A significant portion of this site has been previously disturbed as a result of the construction of the paved parking areas, paved bike path and installation of a buried gas line. The applicant has attempted to locate the buildings as close to \'~estha~~en Drive as possible in order to optimize the most buildable area of the site and preserve the remaining natural features, such as the heavily treed Gore Creek riparian zone. The proposed building placement, within 1-1/2 ft. of the front property line, makes the proposed landscape plan an especially important element of the o~•erall development pl:jn. T}~e applicant has attempted to provide signific:rr~t lar~dsc:apir~g iri the right-of-~vay in front of the proposed dwelling units ~vl~ile at the same time maintaining the Town's minimum site distance requirements. In addition to providing a building setback of 12 ft. from the existing recreation path, the applicant will be berming and heavily landscaping an area south of the path to help buffer future residents from path users, and vice versa. The • applicant will be replratting the recreation path easement to conform with the existing location of the recreation path and will dedicate that easement to the public. Althott~h the applicant has made se~~eral revisions to his plans in order to lessen the overall impact to the Gore Creek riparian zone, the current plan still calls for the removal of a si;nificant number of trees and site disturbance that will impact the creek vegetation on the west side of the property. Staff belie~•es that the applicant's proposed landscape plan goes along ~vay toward mitigating the impacts of his development plan, however, we would recommend that additional landscape materials be added to the property. Specifically, staff lvould recommend additional trees and shrubs be provided 9 along the north side of the recreation path. Although the Town owns most of the tracts of land- immediately adjacent to • Gore Creek throughout the Town of Vail, the river corridor through the Cascade Village SDD is in private ownership. Staff recommends that a fishermen's access easement be provided approximately 10 ft. from the high water mark along the entire length of Gore Creek through this property. In order to protect the Gore Creek riparian gone as much as possible, and as specified in Section 18.46.24 (Conservation and Pollution Controls) of Ordinance l~'o. 41, Series of 1991, Cascade Village, staff recommends that significant protecti~~e measures be used to prevent unnecessary damage and destruction of >>egetation and to prevent soil erosion .into Gore Creek, both during and after construction. 1Ve would recommend that the plan be amended to designate an allowable limit of constnrction activity and require that certain physical barriers be in place on the ground prior to the issuance of a building. . permit. It appears that the ~0 ft. setback line would make a logical limit of • construction activity, with the exception of the south"~est corner of the property adjacent to the single family, where construction may be allowed to encroach 10 ft. into t}ie 50 ft. setback line. The development plan shows a significant distance, approximately 40 ft., • bet~~•een building foundations in order to provide a view corridor to the river area t}~rou~h this development. Staff supports the idea of providing a break in the line of buildings so that views of the Gore Creek natural area remain open. I. Phasinb plan or subdivision plan that kill maintain a workable, functional = and ef7icient relationship throudliout the de~•elopment of the special - deveIopmertt district. It is the applicant's intention to construct these units at the same time in the Spring of 1993, therefore, no phasing plan has been submitted for staff review. V. STAFF RECOMA4E\DATION: Staff recommends appro~•al of the proposed I~4illrace III major amendment to SDD I~'o. 4. As mentioned previously in this memorandum, there are still a number of concerns which staff feels should be addressed and the applicant has agreed to each of these concerns: 1. The site plan shall be amended to show a designated limit of construction activity line. This line should follow the 50 ft. setback line • with the exception of the area behind the single family residence. The 10 purpose of this line is to ensure that construction activity be limited to . the area east of the line. A physical barrier aloes the limit of construction activity line shall be in place prior to the issuance of ~ building permit for the project. Staff will then make periodic inspections to the property throughout the construction to assure that no disturbance occurs west of the construction barrier. The barrier should be of a design which not only delineates the limit of construction activity, but also provides for the control of sedimentation into Gore Creek. This barrier may be accomplished through a combination of ' snow fencing, hay bales and fine mesh netting. 2. A 10 ft. pedestr7anlfishermen's access easement shall be provided along the shore of Gore Creek. This easement should extend approximately 10 ft. from the high ~~~ater mark of the creek to allow fishermen access up and do~ti~;i Gore Creek. This easement will be dedicated at the time the minor subdivision is approved. 3. Additional landscapins shrill be provided on the north side of the existing recreation path. This vegetation in addition to that shown on - the landscape plan will help mitigate for the losses being proposed as a result of the construction of the two buildings. At a minimum, 10 aspen or ash trees (3" cal. minitnutn) shall be provided along the path aloes ~~~ith 10 - 20 evergreen rind deciduous shrubs. 4. Since this property is currently unplatted, a minor subdivision plat must be submitted, revie~i~ed and approved by the Town prior to the issuance of a builditrs permit for the project. ' S. The applicant asrees to provide the necessary improvements to that portion of Westha~~en Drive directly in front of his property line to ' briny the road up to Town standards. These improvements may include, but are not limited to, curb and gutter, drainage, and a new lift of asphalt paving. 6. Certain minor modifications shall be made to the site plan, landscape plan and floor plans so that features shown on any one of the three are accurately reflected on all plans per the staff memo on page 6. These changes shall be made before the project proceeds to first reading by . the Town Council. 7. The southern half of the single family residence shall be shifted 3 -5 ft. away from the road and that the entire building be shifted approximately 5 ft. further to the north. I1 or / \ ~ ~ / ~ ~ i~ jam. / ~ / I , i_ ~ • / . \ / ~ / ~ i/ I/ ~ i / ~ ~ ~ l~i~'..~..+.~ \ 1 111 ~ ~ ' ~ Q/ ~ O \ . 1 . i. _ ~ 1_.~!`il li ~ 1111 I I E ~ :i:~. 11 ~ ~ II 111 I 1 111 I / ~ 11 11, ~llllj • 1~ 1111 ~ ~,-~t-~\I 1 t I I I 1 i l I ~ ~l / ~ I I ~ I I I I Site .l . , 1 1 , ~ ~ ~ . ~ . 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' ~ ! •'S a'%. - ~ ' ` • f l it / ti ~ lam; \ .ln / ~ / ~ ~ ~ / ~ I I ` ylw1~.,y~t. ~F,,*`-,t'.~:-c~::t~ - •+t',• ~ - "44'W~"~ ~,~'iy / l~ i%• i / I . , q~ d'' ~ tllf I f ~y- ` - ',s _ ?T .1ti .;,t / 1~( ~ t ~ ~r ~ cr^`~.w~'v,,,~•~,r?r L+~~;ea[,••+y'1 ` ~ ~`,r 1 ~ i~'` ~ ~ x',11 ~ • ORDINANCE NO.7 SERIES 1993 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 1, SERIES OF 1993, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD N0.4 THAT CONCERN THE DEVELOPMENT PLANS FOR THE MILLRACE 111 DEVELOPMENT BUILDING SITE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Michael Lauterbach has requested an amendment to the existing Special Development District No. 4, Area A; and WHEREAS, the Planning and Environmental Commission has recommended that certain changes be made to Special Development District No. 4; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 1, Series of 1993 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 1, Series of 1993, is hereby repealed and reenacted, as follows: Section 1. Amendment Procedures Fulfilled. Planning Commission Report. The approval procedures described in Chapter 18.40 of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby approved for the development of Special Development District No. 4 within the Town of Vail. Section 3 Chapter 18.46 Special Development District No. 4, Cascade Village, is hereby repealed and re-enacted with amendments to read as follows: 18.46.010 Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area 1 and the vicinity in which it is situated, the development is regarded as complementary to the - Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 18.46.020 Definitions For the purposes of this chapter, lrhe following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Chapter 17.26 Condominiums and Condominium Conversions. The unit shall not be used as a permanent residence Fractional fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. 18.46.030 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: 2 Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Duplex Lots C 29.100 Glen Lyon Commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 TOTAL 97.955 18.46.040 Development Plan--Required--Approval Procedure A. 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. The developer shall have the right to proceed with the development plans or scenarios as defined in Section 18.46.103, 1-4. B. Amendments to SDD No. 4 shall comply with the procedures outlined in Section 18.40. C. Each phase of development shall require, prior to issuance of building permits, approval of the Design Review Board in accordance with applicable provisions of Chapter 18.52. 18.46.050 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in 18.24.030 A-C. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined in Section 18.24.030 A of the Town of Vail zoning code in Area A) 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; 3 5. Single Family dwelling; - 6. Two-Family dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 18.46.220; 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 Lvon Duplex Lots 1. Single family dwelling; 2. Two-family dwelling. D. Area D. Glen Lvon Commercial Site 1. Retail; 2. Restaurant and bar; 3. Business and professional offices; 4. Multi-family dwelling; 5. Employee dwelling as defined in Section 18.46.220. 18.46.060 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 18.60 of the Town of Vail zoning code. A. Area A, Cascade Villaae 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 18.04.135 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or 4 mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C. Glen Lvon Duplex Lots 1. Public park and recreational facilities; 2. Ski lifts. D. Area D, Glen Lvon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Section 18.04.253. 18.46.070 Accessory Uses A. Area A. Cascade Villaae 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Swimming pools, tennis courts, patios or other recreational facilities customarily incidental to permitted or conditional uses, and necessary to the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Swimming pools, tennis courts, patios or other recreational facilities 5 customarily incidental to permitted or conditional uses, and necessary to the operation thereof. C. Area C. Glen Lvon Duplex Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D. Glen Lvon Commercial Site 1. Home occupations, ,subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. 18.46.080 Location of Business Activity A. All offices, businesses, and services permitted by Sections 18.46.050 through 18.46.070 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. 18.46.090 Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A. Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units as defined by the 6 tables in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B. Coldstream Condominiums Sixty-five (65) dwelling units C. Area C. Glen Lvon Duplex Lots One-hundred four (104) dwelling units. D. Area D, Glen Lvon Commercial Site 4. Three dwelling units, two of which shall be employee dwelling units as defined by the table in Section 18.46.103F. 18.46.100 Density--Floor Area A. Area A, Cascade Villaae The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B. Coldstream Condominiums Sixty-five thousand square feet (65,000 s.f.) GRFA. C. Area C. Glen Lvon Duplex Lots GRFA shall be calculated for each lot per Section 18.13.080 density control A and B for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lvon Commercial Site The gross residential floor area for the two employee dwelling units shall be 795 square feet and 900 square feet respectively. The gross residential floor area for the free market dwelling unit shall be 1,630 square feet. 18.46.102 Commercial Sauare Footaae A. Area A. Cascade Villaae Area A shall not exceed 35,698 square feet of commercial area. Commercial uses include retail, office, theater, restaurant, uses listed in Section 18.46.050 A-1, and the special attraction use. B. Area D. Glen Lvon Commercial Site Area D shall not exceed 16,730 square feet of office for Phase I, IA & II or 15,584 square feet of office for Phase III per the approved development plans. The micro-brewery and associated uses shall be constructed per the approved development plan. 7 18.46.103 Development Statistics for Area A. Cascade Village, and Area D, Glen l.von _ Commercial Site `r CHART 1 Area A Completed Projects r I ( I Retail/ Square On-Sttc Cascade Structure ~_I ,AUs__r DUs I_ G?I_A_~~ Commerclal~ Feel , Parking ~y Parking r~siu~ac~ I I ~s I 20,000 I -~--...-_`~_--28`x(____._.- o 1.11LLRACE II I I 14 I 17,534. I I I 25 i 0 UnitsRACE !V I ' 6 I 10,450 I ~ ~ 19 ~ 0 WESTIN 148 I 55,x57 I 0 115 AIlredo's I 104 Seats 0 0 Cale 74 Seats ~ 0 0 lattlo Shop ~ 1,250 0 0 Popi Sports 2,491 0 0 W & H Smith, ~/aurnot ~ + 900 I 0 CtrtC BUtLD114G Cascado Winq + II ' 15,870 ~ 0 16 Clancy's I 1,600 0 13.3 Theater 4,?.20 2g Collogo Classrooms I 0 40 Collego O!lico I 1,387 I I 0 I 11 5 Theator/Meetinq Room 2J I Room ACE Wl~lG ~ 120 ~ ~ 5(3,069 ' r 0 I 105 Ret..il I 5,86 ' ~ 0 20 I PLA7..1I , I l Rooms 20 ~ ~ 7,205 I_ _ I 0 I 1G ~Rotail ~ 1,099 I ~ 0 I 4 PLAZA II I Contoronco 0 35 Relail ( , ~ ~ 925 ~ 0 3 CASCADE CLUB I w Relail 300 0 I 1 Har F• Restaurant _ 252 0 I 3.5 Office in CM_C ~ 82f3 0 I 3 1Nr;ltness Center I I I 1,3t3G ~ 0 I 7 O;tice in Club I I I 420 I 0 ( 1.4 TOTALS ~ 288 AU I 44 DU I 181,585 ~ 19,173 I I 72 I 42G.7 • 1'ur tl~e purposes of Culeulming C1tl~A fur Gic Losgriff 1'tvxl (~tillrucc IV), no crcJils sl~ull Ix given except fur 7W sry. ft. to be allowed for each cncluseJ pwking spncc, per Settion 18.46.210(cX5)!J). a » CHART~2: Area A Pro osed Pro act a I _ On-Site Cascade 1. CORNERSTONE I AU orTR I DU I GRFA I Commerclal I ~ Sauere Feet) Perklnq ~ Structured Parklna Units 64 R 28,110 53 IEmoloveeUnits' 3 1'800 ~ 11,100 37 Retail II - - - TOT]CC~- -iii--- - - - - 11.100 - - - - - - - On-Site Cascade 2. WATERFORD AU orTR DU GRFA Commerclal Square Feet Parklna Structured Perkin nits 27 D 56 Employee Units _ _ 2 _ 1,100 2 7 - 58 - . 3. Westhaven On-Site Cascade Condos AU or TR DU ~ GRFA Commerclal Sauere Feet Perklnd Structured Perkin Units 20 22.500 40 Employee Units (Max t0 6,400 I 20 I 2~ DU I 22.500 I 60 - ~ - - Un-Site (:ascatle 4. Millrace 111 _ J AU or TR I DU ~ GRFA ~ Commerclal ~ ~ Sauere Faet I Parklna I Structured Parklna Units 3 6.450 f - - I 7 . I - i'Ul AL I I 3 UU I ti,450 I I I I S I 5. t:ascads (:tub Un-Site Cascade Add{t{on_ I AU orTR ( DU ~ GRFA , Commerclal I f Sauere Feet Parklna Structured Perkin scenario 1 (Wellness Center) 4,500 22.5 or Scenario 2 (Gymnasium) _ 4.500 0 Soanatio 1 4,500 22.5 Scenario 2 I 4,500 Un-Site Cascade I6. Plaza ONiee•` ~ AU or TR~ DU J GRFA l Commerclal I J Square Feet I Perklnq__~_ Structured Perkin 925 • ~ MAXIMUMS I 64 7R I 50 DU { 104,560 ~ 16,525 i f 4,500 I 218 I 23.2 • 13mployee tmiu •h•11 not cam to~vnrd demity or CRFA Ca the ptnpo•e oC thi• SDD. Plvi upa+e htu •h~ady bam eotmted [ar . teuil pvkioa ttege ; The new ptkint mquitemtatt u bred an the ditCeteme between the teuil •nd ofCKa p•rkittt *e9u'„ . Total Gtweu tepee•ent hitlte•t density and .........i•t uoeo•rios. n.. v..... +..t:... i:,; ........v.::•. .?.r :x.. n....>}:S>':. v i}}:v:-0<~: r.i4:y{.,{• :n ....h..... n.... ..n... ..+.}.v.•~:::v{~+.•;,{•,',~2%r:;:;Sty`.i':, :::,4#}• l.: Y: `Ntii;}xv :...v. }..:...+4...:. fv::?•.K~.w: ~ •n•nv.:.•.:•:: w: n..,... ................v........:.; ':::v:::::•...:: l.....:.... .nY.•.: •}v}.,}y+%•:...:1'+ :S:.i:v:..: vi:>:•: }:4•{::: ...J.•.... .:)i: . k. iii:.. ::%iv..... . }.:n.:... n•..r .....vv::: v:.: r.•.+•.:v.+: •:.v ~:.v x::{i}:•?:•i}:?{• • '.v•}i}::{:4?:C:•::•i .v}:;t{:r{.•::::n tiff+-0}{i}~::•ii:<w•.. •::::•v: v: ~.hn%::::::{:'tir••,i::• viii f} ::}%+}{.i: 4>;~;'.•, • :...::;;Y:}:{.:.4:::::•:.:,{.l{.::,.} 3 Area A . CHART ~~:::>:,:;:~.::}:.,.:.}..:{.::;>;;:4•:{•;::{::}};:::{.;}:{.%.;.;{.}}}}:.;}:.:...<: <.>ii>:>:: vr.•.vr{ ,y :......::.:..n.. }:.}?•;:::::{..;.y;,{t.y.!;•.}fn•{.r: {r:::::: v: •?'4:.. :::.vv v }...v...... Y.....n........+r::%?i{}}:j~j:::4:.}•.;{[•'.::vr :...:..w:....... n:~••:.... +..n 5:dtit;il•:'il~ ii4: i:d?:4%:.?:i r,.:•J.•?}:+:•}}.'•?v:?: ii? n•i' } ....r.... n...................::::: x:. . - • :::.yrv::~:::::{{{{{+•ii?•?:p}?:}v::nx:::::: i:::: p~;::: •}:::jr{:}::}:{:: :;.:..n•v: :v:...........W V.. v:::: n:: n:v: •.v: ::.v:?•: x: ::•i??:::.:: i:'.::.v:.: v.A:}:4:.• :•i{ii: "i:•i• Re u red Park 4:4•• <::€>:<~ <::~~<.{, rh>::.v:>: : q } . } Y}ff ..4.........•...... nw ...n,{. n. > n.v..... f......{::L:%iy:1i'f.~}re{Y :}{YVi'~i:: .v:. : .v .e.. {::.n !.....:y,..,.+•::.x::v+n3.....:.,•.N:....}.....u}.n:.....::.}:<•}:+}:4.}i:.a+}:J}}n•.•}:i::.:4'iiSY. i':.....!>...... "{:{t::Yii'{: f:+ :.;p!+ . fi.ti ~ Y.xx .nxn .:4..... .v. "n.. . } + n. ...v.~{.v+........>}.+..v n•...:. •r:: i4}:4}•.v:.:.y... •4v,:{•Y:•i:r'yr:i`y:;.:Ai}:1~}:y i'•':: . ..v. ...v:J Q.•'!•.$:.; ;nv:.; n ..:.n...•, ....:..........:•:{•i':, :..;ff{:;:i4,:~;:$?:y;4:::::? .~.y}i:+iw>+.....:%.{•:v:4:;:vj}iy.n...... :::bY.{}. .S{{v.:4:{!.::..::y.:{;w. . n' :4~.`..... •.4:~•.: iS>}}:.}r?•.v>::.{?:>{:•. ~~1...::.v.:1/.{.:.z.. n.. i..... f.4.+: .'...:'•v:4:4}:{.:,{}}:{:i>::{}::•:v.~...• •v Parking for Completed Projects Parking Spaces per Chart 1 in Cascade Parking , _ Structure ~ 426.7 Proposed Projects w/ req. parking ' ' in the Cascade Parking Struc.: ' Scenario 1 -Wellness Center - 22.5 ~ OR Scenario 2 • Gymnasium • 0.0 Plaza Office 0.7 Subtotal I 449.9 Less 17.5% Mixed-tJse Credit -78.7 • Total Req:•Parking at Build-Out of Area A in Cascade Struc. 371.2 ' • Exist. Parking in Cascade Structure 421.0 Required Parking in Cascade Struc at Build-Out of Area A With 17.5% mixed-use credit 371.2 9 nrca knits GP.)'11 ' (Acres) 16. DU/Acre 35) .Original Parcel •15.60 252,00 ~ 256,937 Stobbins Parcel 1, 23 19 . G 8 18, 752 - Cos~Iriif Parcel. 1.045 1fi•7.Q 15.932 17.955 2pa,40 291,121 F. DrVF.LOPMi.i'I' FOit AREA D, GLE11 LYON COMk•;ERCIAL SITE SDD ~ ~ , AREA ,D DEVELOPMEk~T SQUAIt1; jI'OOTAGE AND PAIZICING PEkt TOW'k4 OF VA:IL ItEQUII~k•;ENTS FEI3RUA.Tt.X 2 6, 1 ~ 9 0 PHASE Ia PI-iASE I,Ia & II PHASE I,Ia,II AND III DEVELOPMENT DEVELOPMENT DEVELOPMENT ,Sq.Ft./?irking Sq,Ft. / Parking Sq.Ft.. Parking Glek~ Lyon Crf1Ce II1dg. ~ ; {E:c:tsting) 10,150 40, G 10,150 40.6 , 10,150 40.6 I??u1t>E ZA G'_e~i Lyon i ~ , Gif:ice Bldg. 400 1.6 400 1.6 i 400 1, G PH.21SE I - ~ ~ . Glen Lyon 31d~~ . i - Office 0 2, 400 9. 6 2, 400 9. G ~kAS c^^. I X , ~ Z~icro-~3rewery --Office 0 3,740 15.1 2,G34. 10.5 -Reception/ i?luseum 0 4l30 0.0 4a0 0.0 -Retail 0 175 .6 8Q5 3.0 -Fermentation/ ~rewhousc 0 970 0.0 1,406 0.0 -Deer 3~a11 0 1, 700 10.0* 1, 700 18 . E;* (150 seats} (1S0 seats) -3r•ew Pub 0 1,3Q0 10.0* 1,3fl0 10.0* (a0 seats) (80~~seats) SU33TOTAL 10, 550 92.2 21, 935 96.3 21, 935 94.1 PIUISE zxx ~ • i ~ ~ : Fast Building ` • t ~ Units 0 0 0.0 ~ •1, 695 l 4 , 0 : ti. -1 Dwelling ! j • Unit 0 0 0.0 ~ 1, 630 2.0 • ' -Office 0 0 ~ 0.0 j• 2, 400 9.6 ~ • • • aJP,TOTAL 0 0 0.0 3, 325 •15 , 6 TOTAL, COk•~kfERCIAL AND RESIDENTIAL I• ~ • ' ~ SQUARE FOOTAGE AND PARKIi~G: ~ ~ ~ • • ~ • • . • •f ~ • .21,935 9G.3 , 29,760 110.0 . , • ~ ~U"ED HIGHEST PARY,ING RED, POSSInLE,DASED ON ;SEATING • ~ 10 18.46.104 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultr. * 3. Waterford, Sheet #2.1, dated 1 i -13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. * 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultr. * 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. * 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultr. * 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultr. * 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. * 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. * 10. Watertord, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. * 11. Watertord, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, . Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 11 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultr. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultr. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultr. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultr. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cornerstone, Sheet #L-1, dated 11-13-92, Landscape Plan Dennis Anderson. 24. Cornerstone, Sheet #1, dated 12-21-92, Cascade Village Master Plan Gwathmey, Pratt, Schultr. 25. Cornerstone, Sheet #2, dated 12-29-92, Floor Plans Gwathmey, Pratt, Schultr. 26. Cornerstone, Sheet #3, dated i2-29-92, Floor Plans, Gwathmey, Pratt, Schultz. Schultz. 27. Cornerstone, Sheet #4, dated 12-21-92, Elevations Gwathmey, Pratt, Schultz. 28. Cornerstone, Sheet #5, dated 11-13-92, Site Plan/Grading Plan, Gwathmey, Pratt, Schultr. 29. Cascade Club Addition Site Plan, Roma, 10/10/88. 30. Cascade Club Floor Plan, Roma, 10/10/88. 31. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 32. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 33. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 34. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 35. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 36. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 37. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 72 10/28/91. 38. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 39. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey . . Pratt, 10/23/91. 40. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 41. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31 /91 stamped. 42. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 43. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 44. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review aii such additions to ensure that they are required by such codes. Area D. Glen Lvon Commercial Site 1. Area D Master Site Plan, Geodesign by Sherry Dorward, 2/22/90. 2. Landscape Plan for Area D, Geodesign by Sherry Dorward, 2/22/90. 3. Area D elevations, Geodesign by Sherry Dorward, 2/9/90. 4. Vail Micro-brewery, Seracuse, Lawler, and Partners, Denver, CO., sheets A2.1, A2.2, A2.3, A3.1, A3.2, A4.1, A4.2, dated 1 /8/90 and sheet A2.4 dated 12/13/89. 5. Vail Brewery Roof Study, Frank Freyer, 1/8/90. 6. Glen Lyon Parking Garage Floor Plans and Site Plan, Roma, 11/28/88. 7. Glen Lyon Parking Garage Sections/Elevations, Roma, 11/28/88. 8. Glen Lyon Condominium, Roma, 11/28/88. 9. Glen Lyon Condominium East Building, Roma, 11/28/88. 10. Deck Enclosure (Phase IA) to Glen Lyon Office Building, Pierce, Segerberg and Spaeh, dated 9/20/90. 11. Landscape Plan, Phase IA Deck Enclosure, Pierce, Segerberg and Spaeh, dated 8/19/91. 13 12. Office Addition to Glen Lyon Office Building, Buff Arnold/Ned Gwathmey - Architects August 25, 1989 Sheets Al through A4. 13. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., Revised 11/22/88. Letter from Peter Jamar Associates, Inc., dated January 16, 1990. 14. Deceleration lane design for South Frontage Road, RBD, October 18, 1988 as approved by Co. Div. of Hgwys. 15. A resubdivision of Lot 54 amended plat Glen Lyon Sub-division, Eagle Valley Surveying Inc. as approved by T.O.V. 16. Vail Brewery Parking Analysis, TDA Colorado, Inc., August 10, 1988 and Vail Brewery Parking Analysis Update, TDA Colorado, Inc., January 16, 1990 pages 1-8. 18.46.110 Development Standards The development standards set out in Sections 18.46.120 through 18.46.180 are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. 18.46.120 Setbacks A. Area A. Cascade Villaae Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B. Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C. Glen Lvon Dualex Lots Required setbacks shall be governed by Section 18.13.060 Setbacks of the Primary/Secondary zone district of the Town of Vail Municipal Code. 14 D. Area D. Glen Lvon Commercial Site Required setbacks shall be as indicated on the approved development plans. 18.46.140 Heiaht A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A. Cascade Villaae 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lvon Duplex Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lvon Commercial Site 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the buildings for Area D, 15 height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 18.46.160 Site Coveraae In Areas A and B, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. In Area C, no more than 25°!° of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. In Area D, no more than 37% of the total site area shall be covered by buildings and the parking structure. 18.46.170 LandscaQinq At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent, of the area shall be landscaped unless otherwise indicated on the site specific development plans. 18.46.180 Parkins and Loading A. Area A, Cascade Villaae 1. Off-street parking shall be provided in accordance with Chapter 18.52, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% of required parking shall be enclosed in a building. If the development table in Section 18.46.103 is amended, the parking requirements shall be amended accordingly. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, Section 18.52.20 has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within 16 the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C. Glen Lvon Duplex Lots Off-street parking shall be provided in accordance with Chapter 18.52. D. Area D. Glen Lvon Commercial Site 1. Phase I, IA and II shall include 80 surface parking spaces plus 6 valet parking spaces on the east end of the surface parking lot. Phase IA shall include 2 additional required parking spaces for a total of 43 required parking spaces. 2. Phase III shall include a minimum of 108 parking spaces. A minimum of 100 spaces shall be located in the parking structure. All required parking for the east building shall be provided on-site per Town of Vail parking requirements per Section 18.52.100 for residential and office use. A minimum of eleven spaces shall be located in the garage of the east building and a maximum of 5 surface spaces shall be located adjacent to the east building. 3. Area D development shall meet the operational requirements outlined in 17 the TDA Colorado Inc. Report, Section Parking Analysis Considerations, January 16, 1990. Parking Analysis Considerations pages 1-B. 4. Valet parking shall be prohibited on the west end of the surface parking lot. 5. The Brew Pub shall not be open to the public until after 4:30 p.m. for Phase I and II Monday through Friday. When Phase III development occurs including the parking structure, the brew pub may operate during the weekdays once the parking structure is available for public use. 6. The Beer Hall shall not operate or be used by the public before 4:30 p.m. on weekdays, Monday through Friday at anytime. 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. 18.46.190 Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. 18.46.200 Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. 18 B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in Section 8.28 of the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. 18.46.210 Additional Amenities and Approval Aareements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Developer shall provide in its approved development plan a bus shelter of a design and location mutually agreeable to developer and Town Council. Said shelter to serve the area generally. 19 C. Area A, Cascade Village " 1. The developer shall be responsible for providing abreak-away bollard for the emergency access road between Eagle Pointe/Park Meadows, 1472 Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he mutually acceptable to the developer and Town of Vail. This improvement shall be constructed when a building permit is requested for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. The bollard shall be included in the permit plans. The bollard shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Cornerstone, Millrace III, Millrace IV, Westhaven Condominiums, Waterford buildings, or Cascade Club addition. 2. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 3. The developer sha11 provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 4. The conditions for Area A in Sections 18.46.020 B, 18.46.180 A. 1-7, 18.46.200 A - 1=, I, J, 18.46.210 C, 1-3, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit is requested for the Cornerstone, or Millrace III, or Millrace IV, Westhaven Condominiums, or Waterford buildings, or Cascade Club Addition. 20 ' 5. Mitirace III a. The developer of the Millrace III project understands that the developers of the Waterford and Cornerstone projects Located in SDD #4 agreed to fulfill specific obligations set forth in paragraphs 18.46.210 C 7b1 - 4 (Cornerstone) or 8c1 - 4 (VNatertord) hereof in order to repair and reconstruct Westhaven Drive. The Millrace III developer agrees that tf these obligations are not fulfilled by the developers of the Cornerstone and Waterford projects at the time a building permit is requested for Millrace III, the Millrace Ill developer shall fulfill all such obligations In the manner as setforth below: 1. Prior to the time any building permit is issued for the Millrace III protect and no later than December 31, 1993, the developer shall pay to the Town by cash or cashier's check the sum of $97,500 to be used by the Town for the repair and reconstruction of Westhaven Drive as set forth In more detail in paragraphs 5b2 - 4. 2. Before any Temporary Certificate of Occupancy is Issued for the buildings, the Town, at no expense or cost to the Town, will obtain title to Westhaven Drive. After the transfer of title of Westhaven Drive to the Town, the developer shall provide, at its cost a title insurance policy in the amount of $50,000 insuring that the Town has fee title of Westhaven Drive. If the owner of Westhaven Drive is unwilling to voluntarily transfer title of Westhaven Drive to the Town, the Town of Vail shall institute an action in condemnation to obtain title to Westhaven Drive. Should such an action be required, the developer shall pay all costs thereof, including attorneys fees, court costs, appraisal fees, any escrows required prior to taking immediate possession of the property and any award which may finally be awarded by the Court or by the Committee. The selection of legal Counsel and appraisers to represent the Town, should condemnation be necessary, shall be selected by the developer with the approval of the Town. Consent shall not be unreasonably withheld. 3. The Town shall commence the repair and reconstruction of Westhaven Drive and its ongoing maintenance, subsequent to the receipt 21 of the $97,500 provided for to Section 5.a.1. of this title and the , satisfactory conveyance of title to Westhaven Drive to the Town of Vail. The date for the commencement of the repair and reconstruction and for Its completion shall be entirely at the discretion of the Town. 4. Should the Town not require the entire amount of the $97,500 paid by the developer to the Town for the repair and the reconstruction of Westhaven Drive, the Town will forward any amount remaining after all construction and related costs have been paid In full to the developer who shall refund such amount prorata to the parties originally contributing the $97,500. 6. Millrace IV, Scenario I. a. The developer shall obtain an easement from the owners of the property adjacent to the eastern boundary of the property commonly called the Cosgriff Parcel, which is more specifically defined in Exhibit A, attached to this ordinance and incorporated herein by reference. The easements shall be sufficient to permit the construction, maintenance and replacement of retaining walls for the purposes of grading and boulder retention all along the western property line of said adjacent property. The easement shall be in a form acceptable to the Town Attorney, shall run with the land, and shall be recorded on the land records of Eagle County prior to Design Review Board review. b. The developer shall provide the Community Development Department of the Town with written consent from the Upper Eagle Valley Water and Sanitation District permitting the encroachment of certain decks specified in the development plan for the Millrace IV condominiums, as set forth in Section 18.46.140(18) of this ordinance into their sewer easement recorded in Book 217, Page 428 of the land records of Eagle County. This consent shall be submitted prior to Design Review Board review. c. The developer shall receive final approval of the site grading plan for the construction of Millrace IV, Scenario I, from the Town Engineer prior to Design Review Board review. d. The Millrace Condominium Map, recorded at Book 326, page 257, of the land records of Eagle County shall be amended so that the access easement Z2 ' shown thereon shall align with the present location of the roadway on the western property line of the Cosgriff Parcel, and the amendment shall be recorded on the land records of Eagle County. e. The developer shall install 15 (6'-10') evergreens south of the South Frontage Road adjacent to the Cascade Club building, and 5 (6'-10') evergreens to the south of the Westhaven Apartment foundations and north of Westhaven Drive. The developer shall obtain the written approval of the Colorado Department of Highways (CDOH) permitting the installation of these trees along the South Frontage Road prior to said installation. If CDOH approval cannot be obtained, then a minimum of 10 (6'-10') evergreens shall be installed adjacent to the Westhaven Apartments. f. The developer shall apply for and complete the minor subdivision process for the Cosgriff Parcel and a subdivision plat signed by the Town of Vail shall be recorded on the land records of Eagle County prior to the release of any building permits for the construction of any structure on the Cosgriff Parcel. g. Landscaping along the south and west property lines of the Cosgriff Parcel shall be reviewed by the Design Review Board to insure a suitable buffer area between it and the other properties along said property lines. h. The Design Review Board shall review the architecture and landscape plan further for compatibility with the surrounding area. i. The developer and the adjacent property owners shall submit a landscape plan for the area north of the Cosgriff property to the Design Review Board for review. j. For purposes of calculating Gross Residential Floor Area permitted on the Cosgriff Parcel, no credits of any kind (overlapping stairs, mechanical, etc.), except for 300 sq. ft. to be allowed for each enclosed parking space, shall be given. 7. Cornerstone a. Before the building permit is released for the project, the developer shall permanently restrict three employee housing units in accordance with Section 18.46.220 of this ordinance. ~3 b. 1. Prior to the time any building permit is issued for either the ' Cornerstone or Waterford projects and no later than December 31, 1993, the developer shall pay to the Town by cash or cashier's check the sum of $97,500 to be used by the Town for the repair and reconstruction of Westhaven Drive as set forth in more detail in paragraph 7 b 2 through 4. 2. Before any Temporary Certificate of Occupancy is issued for the building, the Town, at no expense or cost to the Town, will obtain title to Westhaven Drive. After the transfer of title of Westhaven Drive to the Town, the developer shall provide, at its cost a title insurance policy in the amount of $50,000 insuring that the Town has fee title of Westhaven Drive. If the owner of Westhaven Drive is unwilling to voluntarily transfer title of Westhaven Drive to the Town, the Town of Vail shall institute an action in condemnation to obtain title to Westhaven Drive. Should such an action be required, the developer shall pay all costs thereof, including attorneys fees, court costs, appraisal fees, any escrows required prior to taking immediate possession of the property and any award which may finally be awarded by the Court or by the Committee. The selection of legal counsel and appraisers to represent the Town, should condemnation be necessary, shall be selected by the developer with the approval of the Town. Consent shall not unreasonably withheld. 3. The Town shall commence the repair and reconstruction of Westhaven Drive and its ongoing maintenance, subsequent to the receipt of the $97,500 provided for in Section 7.b.1. of this title and the satisfactory conveyance of title to Westhaven Drive to the Town. The date for the commencement of the repair and reconstruction and for its completion shall be entirely at the discretion of the Town. 4. Should the Town not require the entire amount of the $97,500 paid by the developer to the Town for the repair and the reconstruction of Westhaven Drive, the Town will forward any amount remaining after all construction and related costs have been paid in full to the developer who shall refund such amount prorata to the parties originally contributing the $97,500. c. The landscape plan set forth in the development plan for Cornerstone between the Terrace Wing and Cornerstone building shall be revised prior to 24 the review of the project by the DRB in the following ways: 1. For emergency services, an access lane shall be provided from the western courtyard to the ski lift. 2. If deemed necessary by the developer and the Community Development Department staff, the water feature on the landscape plan may be removed or revised. The landscaping in this area shall be part of the Cornerstone development, and, therefore, it is the Cornerstone developer's responsibility to complete this portion of the project prior to the release of a final Certificate of Occupancy for the project. These plans shall be included in the building permit for the Cornerstone development. d. After the Town of Vail has title to Westhaven Drive, it shall convey title to the developer for the area of Westhaven Drive under which parking is located for the Cornerstone project. The amended minor subdivision plat shall be submitted by the developer before a building permit is released for the Cornerstone site. The developer shall dedicate an access easement to the Town over this portion of Westhaven Drive. e. All fireplaces shall be gas appliances pursuant to Section 8.28 of the Vail Municipal Code. f. Those spaces allocated to commercial areas as short term public parking shall be permanently restricted for the use of the Cornerstone project. All required parking associated with the uses shall not be conveyed, used or leased separately from the uses. Public parking on the Westhaven Drive level of the Cornerstone project shall be made available to the public for short term parking. 8. Waterford a. The developer shall permanently restrict the two employee housing units provided in the Waterford Development Plan in accordance with Section 18.46.220 of this ordinance. b. A minor subdivision plat shall be completed and recorded prior to the release of any building permits for either the Cornerstone yr Waterford developments. c. 1. Prior to the time any building permit is issued for either 25 Cornerstone or Waterford projects and no later than December 31, 1993, the _ developer shall pay to the Town by cash or cashier's check the sum of $97,500 to be used by the Town for the repair and reconstruction of Westhaven Drive as set forth in more detail in paragraph 8 c 2 through 4. 2. Before any Temporary Certificate of Occupancy is issued for the building, the Town, at no expense or cost to the Town, will obtain title to Westhaven Drive. After the transfer of title of Westhaven Drive to the Town, the developer shall provide, at its cost a title insurance policy in the amount of $50,000 insuring that the Town has fee title of Westhaven Drive. If the owner of Westhaven Drive is unwilling to voluntarily transfer title of Westhaven Drive to the Town, the Town of Vail shall institute an action in condemnation to obtain title to Westhaven Drive. Should such an action be required, the developer shall pay all costs thereof, including attorneys fees, court costs, appraisal fees, any escrows required prior to taking immediate possession of the property and any award which may finally be awarded by the Court or by the Committee. The selection of legal counsel and appraisers to represent the Town, should condemnation be necessary, shall be selected by the developer with the approval of the Town. Consent shall not unreasonably withheld. 3. The Town shall commence the repair and reconstruction of Westhaven Drive and its ongoing maintenance, subsequent to the receipt of the $97,500 provided for in paragraph 8 c 1 and the satisfactory conveyance of title to Westhaven Drive to the Town. The date for the commencement of the repair and reconstruction and for its completion shall be entirely at the discretion of the Town. 4. Should the Town not require the entire amount of the $97,500 paid by the developer to the Town for the repair and the reconstruction of Westhaven Drive, the Town will forward any amount remaining after all construction and related costs have been paid in full to the developer who shall refund such amount prorata to the parties originally contributing the $97,500. d. The recreation path shall be relocated as set forth on the development plan and shall be amended on the minor subdivision plat for the Waterford and Cornerstone lots to correspond to the new location. 26 - e. The DRB will review the landscaping in the areas of the retaining walls on the west and east ends of the site. The DRB will review the north elevations architectural details. The applicant shall review the possibility of eliminating the skier access on the east end of the project. However, if the applicant can significantly decrease the retaining walls necessary to build the access, the skier access may remain. f. All fireplaces shall be gas logs permitted pursuant to Section 8.28 of the Vail Municipal Code. D. Area D, Glen Lyon Commercial Site. 1. The developer shall agree to construct a bus lane per Town of Vail standards in the area of the Porte-cochere of the Micro-brewery in Area D. The specific location for the bus lane shall be mutually agreed to by the Area D owner and/or developer, Colorado Division of Highways, and Town of Vail. The bus lane shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. The developer and/or owners of area D shall be responsible for maintaining the new bus lane, including snow removal. If the lane is not maintained properly or snow removal is not adequate, the Town will not provide bus service to the site. 2. The developer shall relocate the existing bike path on Area D and provide a new bike path easement across the Glen Lyon property and CDOH property per the development plan for Area D. The bike path shall be constructed per Town of Vail standards. The bike path shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. Such temporary certificate of occupancies shall be conditional upon construction of the bike path provided for herein. The bike path easement shall be replatted and approval obtained from the Town Council prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion excluding Phase IA, east office building or parking structure. Z7 3. The developer shall underground the electrical utilities along the north _ side of the Glen Lyon property from the northwest corner of the property to the northeast corner of the property. This utility work shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for either the Brewery addition, office expansion, excluding Phase IA east office building or parking structure. 4. The developer shall be responsible for relocating the 20 foot utility easement on the western portion of Development Area D as well as obtaining approval from the Town of Vail for the relocated utility easement before a building permit is released for the micro-brewery addition. 5. The developer of the Glen Lyon Office property shall not file any remonstrance or protest against the formation of a local improvement district of other financing mechanism approved by the Vail Town Council which may be established for the purpose of building road improvements for the South Frontage Road. 6. The developer shall provide a fire hydrant per Town of Vail Fire Department requirements on the northwest portion of the property. The specific location for the fire hydrant shall be approved by the Vail Fire Department. The fire hydrant shall be provided subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the brewery addition, office expansion excluding Phase IA, east office building, or parking structure. 7. The Developer shall construct a deceleration lane along South Frontage Road per the CDOH access permit. The developer shall submit plans for the South Frontage Road improvements to the Town of Vail Engineer for review and approval before a building permit is released for either Phase I excluding Phase IA, II, or III construction. 8. The conditions for Area D in Sections 18.46.180 D, 18.46.200 A, B, F - K, 18.46.210 D, 1-7, and 18.46.220 shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney for approval before a building permit shall be issued for the Micro-brewery, office expansion excluding Phase IA, east office building, or parking structure. 9. The minor subdivision for Area D shall be developed per the following conditions: a. The development of parcels A, B, C, and D, shall be limited to the SDD No. 4 development plan and governed by the SDD No. 4 ordinance as approved by the Town of Vail and on file with the Department of Community Development or as amended and approved by the Community Development Department, Planning and Environmental Commission, and/or the Vail Town Council. b. The minor subdivision plat shall include a statement that development of the four parcels shall be governed by the approved SDD 4 development plan for area D and governing ordinances. c. The Community Development Department and Town of Vail Attorney shall have the right to review and require changes in any "Agreements of Tenants in Common", "Conveyance of Easement and Party wall Agreements", and any other easement or ownership agreements related to the development of parcels A, B, C, and D to ensure that the four parcels are developed per the approved development plan in SDD No. 4 Ordinance. d. The developer shall be responsible for replatting the 20 foot utility easement on the western portion of development Area D as well as obtaining approval from the Town of Vail for the new utility easement before the minor subdivision plat is recorded. Any modifications or amendments to the minor subdivision conditions of approval agreement shall be reviewed as a major amendment under the procedures outlined in Section 18.40 of the Town of Vail Zoning Code. e. The conditions for the minor subdivision in Section 18.46.210 (D9) A, B, C, and E, shall be set forth in restrictive covenants subject to the approval of the Town Attorney and once so approved shall be recorded on the land records of Eagle County. The developer shall be responsible for submitting the written conditions to the Town Attorney 28 before the minor subdivision is recorded on the land records of Eagle - County. 10. The entire Glen Lyon Office Building and Brewery Building shall be sprinklered and have a fire alarm detection system. Town of Vail Fire Department approval of the sprinkler and fire alarm systems shall be required before a building permit is released for Phase I excluding Phase IA or II. 11. The developer shall submit a set of amended plans to the Colorado Division of Highways for review and approval. The improvements on CDOH property proposed by the developer must receive CDOH approval before Phase I, excluding fA, II, and 111 are presented to the Town of Vail Design Review Board for final approval. 12. The east building including the two employee dwelling units shall be constructed when the parking structure is built to ensure that the employee units are built. 18.46.220 Emalovee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 8 employee dwelling units within Area A Westhaven Condominium building, 3 within the Cornerstone Building and 2 within the Waterford Building. Each employee dwelling unit in the Westhaven Condominium Building shall have a minimum square footage of 648 square feet. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. In Area A, the GRFA and number of employee dwelling units shall be restricted as employee dwelling units for 20 years plus the fife of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said units except those units in the Cornerstone and Waterford developments. The two employee dwelling units in Area D shall 30 • be restricted as rental employee dwelling units permanently. In Areas A & D the following restrictions shall apply to all employee dwelling units except for those units in the Waterford and Cornerstone Buildings. The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gore Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avon and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section. In Areas A & D the employee dwelling unit shall not be divided into any form of timeshare, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Town Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units in either Area A or Area D. Before any building permits shall be released for either the Cornerstone or Waterford developments, the employee housing units shall be permanently restricted per the Town of Vail Housing Ordinance as follows: 1. The EHU shall have a parking requirement of one (1) on-site parking space and the EHU shall be located "on" the Town's bus route (as determined by the Town Zoning Administrator); 2. The EHU shall not be subdivided into any form of time shares, interval ownerships, or fractional fee; 3. The EHU shall be leased, but only to tenants who are full-time employees who work in Eagle County. The EHU shall not be leased for a period less than thirty (30) consecutive days. For the purposes of this Section, afull-time employee is one who works an average of a minimum of thirty (30) hours each week; 4. No later than February 1 of each year, the owner of the employee housing unit shall submit two (2) copies of a report (on a form to be obtained from the Community Development Department), to the Community Development Department of the Town of Vail and the Chairperson of the Town of Vail Housing Authority, setting forth evidence establishing that each tenant whom resides within the employee housing unit 31 is a full-time employee in Eagle County; . 5. This agreement shall be recorded at the Eagle County Clerk and Recorder's Office. 18.46.230 Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 18.40.120 of the Town of Vail Municipal Code. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. 32 INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1993, and a public hearing shall be held on this Ordinance on the day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: 33 1(OELD>rL PJtOPEP.TY . :ti: DEVELOI':•1L:;T I~TtEr1 . ~ . .:Vail-Rose. ,t', 12.3.70 acres • t. • i . :P.art• of the SW ~./q Nl: 1/4 of section 12 Township;.';5~.•Sou th', ~1tan5e •Dl t•les t of tl~c G tli ~ • ..follows • _ P..1. , described as . ' Deginn,ing at a point on the l~cst line o,~ said St•1~ 1/4 ~ ~ ' •N>;: 1/4 •from wliic!~ the North one-quartet cozn~z oL•~ aal.d Section ~~bcars tiort!~ •OJ15` East 26G9.•1D feet; thence tlozt:~ 0015' Dart, • .Along said,:laest;Line, },54.3G feet to a point on the Soutl:casLe='_f aright of way .line of:. U.S..•liigh~;ny tlo. G; thence, along said • • ~'~•Soutycaste_ly right o,` way line, as follo~,s: : i+'i 1 ~ ~ North: 52027' '£nst, 1D2.31 feet ' , :.c ~ North 49°20'•.Eant, 519 S7 ~ fCCL', and . . .North 4D°13' East,'S49.09 fcrt, more oz less, to a point on the North line of said 51a 1/Q t•lE 1/4; thence Nort): QD°33' ' East, along the Nor~h~ 1J.nc of said St•1 1/4 •yE, 3GS 'feet, more or . ''less, to a point on the centerline of Gorc Creek; thencc, along the ~~~,ceaterlinc 'of Gorc Creel;, n~ fol?ot•JS: South .3Goaq' I•test, 101.04 feet; . • ' South 10021' tacst, 5.1 • OD fcc"_; . South .103.1' I•les~, 20.02 fc~t South 12010' 1.1est, 110.25 zees; al~c • South 2D0~11' I•:est, 2.12.35 feet, thence. So'ii't:: ?5°l5' '.;::West, 10G4:10 feet to.thc point of beg • . •'7tose i`arcel 3.190 acres • A 'tract of land situstec in tr.~ SI•i;i:L• ~ of Sec~ion 1=, •'~i:.TP 5 S.', R'. •.D1;.•ta.~,,•of,the 6t1~ P.:•1. , l;~ing Southc:?y of that cc=~~in ' .'tract of.•1'and'desc:ibed'in Doo'.c 19~,,•1'aoe 197, l:orthe=?•~ and ' ~.t•Jestc.rl~ •of ~t11e• ccn;.er line of Gorc ~Crce!;, and 1~ ing tlor~:~crly' and' •Easter'ly~:of ~=those certain tracts described in Eoo}; 211 at Pace IOG,' • Dool; 211 at'_Pagc lOD and Dooi: 21S ate rage 3GS, described ns ~ ' ' Deg~innina at a point on the t1ox:.h-Sou t:1 ccn~er line ~ • of sa~d',Section. 12 •whence • the Nortlz ciuarte: corne^ of said Section . • ~ ' l2 bears tl. OO015' E. 22G9.4D feet; II . : ;i thence 1J. ?5°l5.' E. 34G.2`G feeL• to the true point`of • .beginning ~ said point- being on the South line of t.•hat tract described in i3oo}:~;1.99;;:'Pag'e':197 and. which beats S. 0003G' E.. 220>.34 feet from the ~torth quarter corner of said Sec~ion 12; ' . ~r:"~ . thencc• N: ?5°l5' Y;. ?17.04 Feet alone; tl:c Southerly' • line ot• that l•ract cescribed iJ~ Dook 199, 1`age 197 to the cel:te, of Gore~~Creek; • ~ ~ .thence S. 24°~].' I.1. 130. G1 feet along 'the center lines • of ~ sa icy: CreeY.; ~3• • ' thence 5. 05°2.4'30" E. 104.50 feet along the center lint of~'•snid :CrcekJ': ~ : ' . ~thcnce S. ~i9°29' I•J. 95.50 feet along the centgx ~linc Hof: said,. Crcekt.:::.~ ~ • ttience• S. 220.4' W. 124.47 feet .along the center line of~ sai,d~Crcekt,:.; ~ ~ • w . , • •thencc S. ~fi~000' .I•J. 119.34 •feet .along the cenLcr line of • said'Creckl ~,to, thc• Southeast cor.ncr of that certain tract of ' land, clc~eribed,. in,,Dook 21l', Pagc 1001 ~ . • . ~ ' ~ • 'thencc N: '33°1G' 30" W. '140.12 feet along the L• astczly ~ , line of••;t11a:t .tract described in Dook 211 at page 100; ~ . ~ '~.thcnc.c N 'S7o42' 30" 14. 1G9. DD feet along the . ' .~:~Nor:he~srcrly.:l.inc`:of that tract'described• in•Dook 211 at• page lOfl; . • ~ tl~cncc•:N;:'~ D G°02',30" ~ t•i• '1G~2. 92' f cet along the taortherly . ~~•'•1.J.nc of,.;thosc , tract's'' des.eribcd in Doo?~• 211 'at Page ].OC Dook 211 . "''at pagc,•1,OG •`to:`•n', point; • ~ ~ ' • ' `"thencc N~. 32057' 30" ta: ~ 7G.OD feet along the . ' Northe~sl;erly line of that tract described in boo}; 215 at Page • .3GS, to tlic point of bcginninj• • 34 • . • . .ice; + ~ w.. ` ';'t:a . 1?11 that psrt.o£ the Sll~1JL~Z ~of Section 1.2, lying. Southcrll of ~ • the center • o£• Corc Cr'ccY. •au •fzliown~ 'on 'the ,plat"on='f il'c iri• the' ~ • of ~icc of the raglc County Clcr:k• and Itecordcr"as•Docu;ricnt tto~.' 97.19, dCSC^ibed as follot~st • }3eginninq at the Northeast corner of said Si•J~h1D;; " . • ' ' thence South 811°33' blest 131. G7 f cot to a point iri.. the` center `o f'; • said Crock: ~ thence South 4V°09' t•lest 9.1.04 feet along tlic cuter c£ said Crar.Y.: . thence South 10°21' West 5x.04 feet along the center of said Cr_eY•:: thence South l°~•1', 19est 205.02 feet along the center of said Cre~'r.1. thc*?ca S°uth 12010' t~'est 110.25 feet along the center o= said C:ee}:; theme So•sth 2n°•11' .t9est.320.00 feet; . _ . thence So~~t,h 5°2.1'30" EASt,••.170.00 feet 'along 't}ic',centcz•o1: said ' creel:; thence Sout:~ 27°00' 02" 1•Jest 05.24 feet alor:g the center of sn•id ' ere cY.; - .thence, Sout:~ S4°00' i~lest 259.3•} feet along the center of said .thence Sout`~ 65°34' Z~1est 109. G2 fee't~'alonc ••thc •cent,er of said ~ - creck; ~ • .thence 5ou.t:~ G9°0.1' t•icst:.18G.13 feet .along'thc•centcr of said G:cek; • . ~ • >•:thence Sou t:: ~•.DS°35' . l,~est'.GO. Od feeL-•.along the: center of said creed; thence •21ort::• 77°3G' laest_• 2G.9G feet alonn the center •of said crc=k; ~ • thence ~ior~h 50°33' ~•:es~ 199.19 feet along tt~~ center of sa:.d c=ee}:; thence I•lort:~ 30°•10' 1~1e'st 239:09 feet alono::the ,center ~or said creek; . thence 5out'n 7 4°35 ` 1•Jes t 49.91 feet along t1:e ce'riter of said c=act; - to ~ roint . on the 1•Jestcrly line of 'acid Sl•i;i•:E:; • ' tt:enec South Ao15' l•lest 4G1.90 f:ecL• t3~t11e •ccnter•'of said Sect?en 12~ i Llic»cc :.or:.h t19~. 02' L• asL• 13U2. G5 f cot alor:u tltic. Southcrll line .off - said Sl;;iiC: to the Sout.`,ca~st corner oL'~ saxc]: Sl•Jl;I.1L':; tl:en~c t•Iort:•i OoOG' East 136.1.32 ~cet alora..tJ:e'~ L•astcri_~ lir.. o:. said S1• t)L. to the Northeast corner o ~ saic SS•i'~?:5., .the point of beginning, ' AIiD • She ]Jh';SE ~ of Section 12, TownsSip 5 South, Range O1 1.1est of t::e • ~ ~ I • • ~ All. that par-t~ of the SL%~11ti~}lz' of Section 12 T~:•r~nship' S South, Range % O1 l~isst' of the Gtl~ P.ti.., lying Soutl~crly o=.,:the, Southerly right o£ way line of U.S. Iiigl~:Yav tto. G, as sho~•,n on ~th~e;'plat• on file.in the office o£~ the L•agle County Cler!: and Recorder•'as Document 2.10. 97489, ' ~:esczibed as `follows • ' ~eginnincJ at the Southeast corner of ~caid SE~lll,t{; thc:ncc 5out}; a9°02' 14esL•• 036.95 feet alor:g:.the..Sout;crly line of• said SE%ttyl~l~.t to a Point on the Southerly right; of way line of said highway! _ tt~encc Nort:l 52°3.5' East 1057.07 feet'along thc,•So~.:thcrly right . of way line of said }zS.ghway ~o a point on the. Easterly line of saki th~nce.South 0°15' West Gta•2•i• feet along 'the Easterly line of•said • SEr;NS•!; to the Southeast corner of said SE{Nl•1`s•,•..•the point of • . beginning! ' ' ' E}:CEPT. T}IE c OLLOlaI17C : r . • • 'that part dcsczibcd• in Dook 100 at Page 5'4 S'; . . that part described in .Sc;oY. 191 •at page 2A1; - - ~thnt part dcscri.bed in S3oo1: 209 At page 231; • • . 35 • • . . r ~ ~ . ' ' :'t}~at pax.t described in•`IIool; 200 at page 53 J.; that certain is;l:and adjacent to •th+e above-~3esc.r;,bed propert j, and a;.J.o'cated. xn •the;,mxcd].e•.of ;Core Cre_?;, .:~hic:~..t:~c pa.t:.es intend . ~.:'to"exciudc .Ercm t}~i~ transac:ion; Count~• c~ Eag7.e, ~ • ..'State o~ Colorado,.. ~ . A•• :a ;~i;. •4 •rr. .i 1 '~:a~~•~5;~:+; ; ALEO.7.IlE.FOLL0:111;G FARC%L fiOF~•:c.°.L'r•.Y.r{0:•!~l A5~ Tt:c."CO.SG~1Ffi' PAF.CEL" ' < • tract;~~.ol 1•and situated in the 51J 114 lid 1J4 of . „••I;Sc•c•tion• ]2, To::nship S South. Rangy= c,l 'hest of ' ••t.l~c Gtli~l'ril~c~i•~a] 1•}crioian, lpin~ tiorthucstcrl~•~ =:1.•"^~.~ ~,;•:.oi:•>,the ~.ccnter. 1•ine oI C;ore Creek describeo •as ..Ile~inn'int at a oin~..uhcnce. the f=orth Quarter , . •j•:~~s~••~~ :;....Ce.r.ncr~.:o~~;saic ~ection 12 l~cars 1:. 11°U3' •1~' ~•=}~t• ~ :2:292•.):2 •fect; •tl~encc 5 6G°02'3C1" L. S°.50• • feet; .thence S. 54`42'30" L 1L•O 6b feet;. thenc:• ; rt::;.' r5. •;3:s`1 G':3U"• L. ].~{0 12 f cct '`to a'•poi7t in the . _ ter of~. said, creek; thence S. GS`•34' 1; ...109.. b2 ~~a• ~ fe'et•'al.•onG the center zinc of said ere~k• th=rice - • S''' 69`•(~~-• 1•:. :'C~.78 feet alonF•thc eentcr~] inc oC ' s•r:ic;•~erec}:; .tl~enec 23''l2'30" W. '3}7.SLr fc.t to tl~a point of LcC:nnin~, containinE I •05 acres. more o: l es~ . , • ~.LSU DL~Ci.'1 Ei.J • .r•• beDinnir.i nt a F:=;nt :J;,cr,t~ t:,c l~oYth Qvzt-'~c~: ~ • . . ~ Corner of Sa:c1 Scc•L'iot; l~ bears N. '1.03' !•t. . • 2.2~z.7~ icc~t; tl,c*;cc S. Q~°43'Iq" ~.•89.8~ -r'c:e.t; ~;f, ~ ~ the_ncc 5. 3i'?S':s('" L. 165.4b sect; C:•~cnce S. r; :32°'59'30'° E.• 141.47 fcet~to a point in the • ' '``~''~'cent•cr ~of said creek; thence S 65`31'3b" l.' :~a~.., ~.~Qq..6? feet• s]on the center ]inc of szid crce;.; ' ~''r'' ' ~ thcr~cc~~'Sa G9°O1'3G" l•'. ](~3:0? feet a7on~ tl~r cc-rye: lSne pf LBio~creek; thetier t~. :r!3'2q'09" • . ,1•;•.31~.(~9 fcFt tc, the pcint of bc~inni:~~•. ~ • : ' ?'OGLT11L1:`.~+']T1~1 an crr•caent uF described ~in 'Uocu~en~ , •~':,t: •1iv~~~tt 5,•lyFi~ in'Eook 30G nt'•Fa r 44 •r~ ~ ~nr1~ rc.coTded i:, juc~l~ 307 vt PLgc 8G •of thrr ?~`y, , . •.~.~,,;.;lra~l L;• County '}•ecoros . • ~~'.':,:r ~ ,/?L50 including .all Natcr and tacll rights . •1~~, ~•;,;~~uppurtcn•ant ~o the' above des.eribed proper ty • l~cl J Fcrni t ' f(o. • incluc~i~nr ~;ithovt licitation, • ~~.702, ::atcr~ ri Fhtt Decreed in Civil he:i•o;~ ' ~ ~ ~ ~ loo. 2375 in Lai l c Gount~• Di str.i ct Court,.•a'nd ~t~cr ccd in ' •f' s)) thvt rc+•-tio;~ of 1:atcr ~ri Fhts C~r,•r"I~o..,.>rCt GW x•10, Water. Divi~for, l;o. S, • (GOf•E. tl®: 1 11c11 U.C~S ci'~) • • ~ 36 ' . ~ . • ; • ~ .t; , • Iicede Pazccl 1.2G0.acres ~ • ~ . ~ County oL• Eagie and State oF• Colorado, to wit: ~ ~ ~ ~1 tract' v~ land situated In the 51,tytJf;4; of Section .~,7.. Townsltlp 5. • . Sovtft, nanac • Sl t•rest of L•itc Gtlt Pziticioal. 1•Jcridlan, dcs~ribed as Lollowy: IIegittninq at.a point on~tlte•Ilort)t-5ou~ta.centcr line of said Section 12 ~altence tl~e Nortlt, Quaztet: Corner of saic:.. Section I2 beam 1Jor~li 00 legs. ,15 mini. East 23G9.4U Leet: thence.' ' t~Iort)t 75 dea 15 rains. Last ]•1G.2 , feet; thence South 3z degs. 57 mires. 30 secs. Last 7G.00 LeeL•: lltence 5out}~•~ll' de'gs:'••OO, rains. 30 :.ecs. test 279.95 Iert• ,to•a :poi it ltt 't.•lte'cente'z'~ot' Cor'c`'•Cre~y;~'~' •~•~r'•, tltettcc North 50 legs. 32 mitts. 1•tesL• 111.31 feet 3loncr. the cent_x~ line of saS.cl erect; t}~ettce tferth 30 dens. 40 rains. 1•lest 239.0° te:t . aleng the eenler litre of saic~• creek; tlticncc•South::,?G;;degs~:::. . 35 mina. best 09. °1. feet along .the ce:itcr ~ line •oL• said::czct=k•:•to 'a . .f.. • , point on ~_hc l~Tozth-South ccnter~~line oJ:~ said Sec.tion'•~12;~~thetice ~ "••to•~' • 1•forth 00 dogs. l5 nuns: EaJ.. 1].95 •i:ect along~•t11`e . l~ort}t~Sourli " eetlter line ~of said Section 13 to .t}ie•• poirtt'~of beginning:-• • 'i' .Total. 1G.D20 ac~e~. ~ • . r . . . ' . • • ~r••'~ GOZE CREWS: r~SS~^•C7r1TES PROPERTv' . ' ' . ' llL• V~LOp~IL:;'r I~ItF.15 n r C & D • ' _ . ~ ~ '•'•E10.•700' acxss • . ' 4. i, ~ • • ' • , • Lca:l Descr_vtion "..n1J, that part oi• Section 1z, Toi.;nship 5 South Rance D1 S,iest: o~•. the Gtlt P.:•1. , desc=ibed as tollo::s : , • , • 1111 that pat; ~ of the Nt,1~L'; of Section 1.Z, lyi.ng ~Southcr].y of the Southerly righl•-of-~.ay line of U.S. 'lfigh'•~ay.lio.••,G and ~t•iortherl:: ; of the 5aut:~_rly ling of said 1J`1~IE;, as shown on ~~the plat on ~filc....:,:• in the oificc.oi the L• agle County" Clex}: •and Recorder as 'Documer:t._ . : TJo.' 97409, described as Lolloars: ' : . . 7eainning at tl~e ltight•:a.y suzve'y.mvnumcnl: aL• the intersection of t}~e • • Sou tht:rly line of said higltt•ray• and the Easterly line • of'• said }1;iaL:, wllance ~l•)te lloxthcasC corner of 'said Section~J.2~bears~North 0°OJ' S~test GJ4.705 fe't; ~ ~ : . . .t t~llence South ']3o2G' 30" West 11].2.13 feet along the Southerly right ' ' or way line o1 said hig}iwa,y; ~ ; ~ ~ • ~ thence South 70034' West 125.1D feet ~ralong the..Southerly, r~ghl:~of•:::. . Y:ay line of said highway 1~ ~ , ' •thence Soul:}1 69°25' Ylcst 1,00, 00 feeL• along• the Southerly. right of ~•:ny ,line of .aaic7 ltigltt~ay 1 ..x~ , . - ~ t r ~ ~thencc 5outh•.G5050' Y1est 100.00 ~fcet along the ~Southcrly• J.ine ,of • , . ,said hlghway1 . . 'thence South G2o15' Yiest 100.00 feet along the Southerly right.of: ~•ray lizze of said highway; ' ' ~ ; thence South 50of0' Yiest lOQ,00 feet along••the Southerly right of. • , . 'aay 1»nc of said highway?1 ~ ' ihenc^ South 5S°05' Wcst 100.00 feet along the Southerly xight 'oi:'•" wu}' ?.ant of said highways ' ~ . t}~t:nca South 51.0J2' 1•icsC 100. DD feet .along the Soutllcrly. right of•~:~ • •~aay 7.'ntr of said highwayl . then_~ South 47°57' S4est 232.St1 feet along the Southerly~right~"of-~ ' way '•.ine: of >;aid highway to a point on the Southerly" lane•'of~'said • • N~IJL• v : . • ~henoc llortlt 00°J3' )vast 497. G7 feet along •the, &outhetly~~liilc of . said 1J}It1E; to the ccntcz of the ~NLtz of za~.d'•Section'1Z1 • thence llortlt nE)oJ]' East 1379,35 feet along the°Southerly'•1.Lrie 'of% said I11;llE; to the Southeast 'corner of .said N;tdE;;,:"•' • , , thence 1lorth 0°D]' {•lest 7G0.95~ Feet along •the'Eastcrly::line oF''said • Ntyt•1L~ L•o its 3.ntczsection with the Southezl}?~line• of• said ~ . hig}:~.ay , the point . of beg innin~ ~ ' • - • . • -37 . ' . f. ORDINANCE NO. 14 SERIES OF 1993 AN ORDINANCE AMENDING SECTION 16.24.010(G) OF THE VAIL MUNICIPAL CODE, SETTING FORTH PROVISIONS RELATING TO SIGNS DISPLAYED ON BALLOONS WHICH ARE ASSOCIATED WITH A SPECIAL EVENT WITHIN THE TOWN OF VAIL. WHEREAS, Town Council wishes to provide for signs to be displayed on both hot air and cold air balloons and other types of balloons within the Town of Vail subject to certain conditions. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: Section 16.24.010(G) is hereby amended to read as follows: Section 16.24.010(Gl Signs displayed on balloons which are associated with a special event as that term is defined in Section 5.20.100(6) of the Municipal Code of the Town of Vail pursuant to the following conditions: 1. The special event with which the balloon is associated has obtained a Special Events License from the Town as provided for in Section 5.20.100 of the Municipal Code of the Town of Vail. 2. Any individual business partnership or corporation wishing to display signs on a balloon shall file an application with the Town Clerk on a form to be provided by the Town Clerk. Each sponsor shall be entitled to have no more than one (1) balloon for each special event. 3. There shall be not more than three (3) balloons for any special event. 4. Cold air balloons shall not exceed twenty feet (20') in height as measured from existing grade to the top of the balloon. 5. No balloons shall be permitted to be inflated within the Town until evidence is given to the Town in the form of an aircraft liability insurance policy or certificate of insurance evidencing that the applicant has obtained aircraft liability insurance for the balloon covering bodily injury or death and property damage in an amount of not less than $1,000,000.00 (one million dollars). All such policies shall name the Town of Vail, its officers, and employees as additional insureds. 6. Balloons shall not be tethered or attached to the roofs of buildings with the exception of the Lionshead Parking Structure and the Vait Parking Structure. 7. Balloons shall be displayed only during the length of the special event with which the balloon is associated or for seven (7) days, whichever time period is less. 8. The applicant shall designate the specific location at which he or she desires to display the balloon and that location shall be subject to the approval of the Director of the Community Development Department or his designee. 9. The applicant, his agent or employee shall be present at all times when the balloon is inflated to make sure that appropriate safety measures for the protection of the public are taken. 10. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and 1 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. 11. 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. 12. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 13. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1993, and a public hearing shall be held on this Ordinance on the day of , 1993, at 7:30 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING this day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:10RD93.14 2 RESOLUTION N0.4 SERIES OF 1993 A RESOLUTION APPROVING OF THE PURCHASE BY THE TOWN OF VAIL FROM THE UNITED STATES FOREST SERVICE TWO PARCELS OF LAND COMMONLY KNOWN AS THE SPRADDLE CREEK PARCEL AND THE GOLF COURSE MAINTENANCE PARCEL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail and the United States Forest Service have reached agreement on the sale by the Forest Service of two parcels of land, one parcel commonly known as the Spraddle Creek Parcel, more particularly described in Exhibit A attached hereto, and the other parcel commonly known as the Golf Course Maintenance Parcel, more particularly described in Exhibit B attached hereto; and WHEREAS, the Forest Service will convey the Golf Course Maintenance Parcel to the Town pursuant to an exchange agreement and by way of a Federal patent; and WHEREAS, the Forest Service will convey the Spraddle Creek Parcel to the Town byway of a Quit Claim Deed. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: 1. The Town Manager, the Town Attorney, and the Town staff is hereby authorized to take all steps necessary and proper to consummate the purchase of the Spraddle Creek Parcel and the Golf Course Maintenance Parcel from the Forest Service. 2. The purchase price for the Spraddle Creek Parcel shall be five hundred thousand dollars ($500,000), and the purchase price for the Golf Course Maintenance Parcel shall be one hundred eighty seven thousand five hundred dollars ($187,500). 3 This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of May, 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\RESOLU93.4 EXHIBIT A Sixth Principal Maridian - T. S S., R. 80 W. sec. 5, Lota 1 and 2. Cent={~+ng 40.12 acres, Wore or less. SubJect to: RBServatioas: 1. Reserving to the IInited States all oil and gas in the land above-described. ,~irl? the right to mine and ~ . ~e the lama is accordance xith the provisions of said Act of Fsbzuary 28, 1925 (t?3 Stag. 1090). OutatsndiaR Rights: 1. Ri~L:of-xay-fi,. 4ighway purposes granted to the ColorsQo Department of highways, its successors a~ad assigns, by right-of-vay Colorado 10482 under the Act of October 15. 1966 (80 Stat. 931, 931, Soction 6(a)(1)(A) as zscorded in the official records of Eagle County oa D1.~~.~~ber 10, 1969 is Book 216 at Page 376. 2. Easement fvr road and highxay purposes granted to the Town of nail under the Act of October 13, 1964 (78 Stat. 1089; 16 II.S,C. 532-538) w recorded is the official records of Eagle County on Kaxch 21, 1993 as B.eceptioa Ao. 499976 (Book 603 at Page 890). EXHIBIT B. Lands, interest in lands, that the United States of America will convey to the Landowner: Fee title to the following lands in Colorado: Sixth Princival Meridian T. 5 S.. R. 80 W. sec. 9, Lot 1, NW1/4NE1/4NW1/4SE1J4NW1/4, Nl/2NW1J4NW1/4SE1/4NW1/4. Containing 2.215 acres, more or less, in Eagle County. Subject to: Reservations: 1. Reserving to the United States a right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). Outstanding Rights: None Other: 1. The Special Use Permit for a golf course green, maintenance building, parking lot, fencing, and access roadway shall be relinquished by the Town of Vail at closing. EXHIBIT A Sixth Principal Meridian T. 5 S., R. 80 W. sec. 5, Lota 1 and 2. Containing 40.12 aerea, more or less. Sub~ecc to: Reservations: 1. Reserving to the IInited States all oil and gas in the land above-described, with the right to mine and remove the same in accordance xith the provisions of said Act of February 28, 1925 (A3 3taC. 1090). Outstanding Rights: 1., Ri~L~o€-ray-'~v+ highway purposes granted to the Colorado Department at flighaays, its successors and assigns, by right-of-vay Colorado 10482 under the Act of October 15, X966 (80 Stat. 931, 937, Seetioa 6(a)(1)(A) as raeoxded in the official records of Eagle County an Ho`rember 10, 1969 in Book 216 at Page 37b. 2. Easement for road and highway purposes granted do the Iowa of Vail under the Act of October 13, 19b4 (78 Stat. 1089; lb U.S,C. 532-538) ~s recorded in the official records of Eagle County vn tiaxch 11, 1993 as Feceptioa ~Qo. 499976 (Boo1c 603 at Page 890) . EXHIBIT B Lands, interest in lands, that the United States of America will convey to the Landowner: Fee title to the following lands in Colorado: Sixth Principal Meridian T. 5 S.. R. 80 W. sec. 9, Lot 1, NW1/4NE1/4NW1/4SE1/4NW1/4, N1/2NW1/4NW1/4SE1/4NW1/4. Containing 2.215 acres, more or less, in Eagle County. Subject to: Reservations: 1. Reserving to the United States a right-of-way thereon for ditches or canals constructed by the authority of the United States, Act of August 30, 1890 (43 U.S.C. 945). outstanding Rights: None Other: 1. The Special Use Permit for a golf course green, maintenance building, parking lot, fencing, and access roadway shall be relinquished by the Town of Vail at closing. .~~~u ~ ~ RESOLUTION NO. 5 SERIES 1993 ~ - A RESOLUTION RECOGNIZING . "JUNE RECYCLING MONTH" . ~i' 1 WHEREAS, recycling saves precious energy, conserves valuable natural resources, protects the environment, reduces landfill needs, and has a positive ~1 . . economic impact, creating jobs, and paying citizens for their recycling efforts; and e' . ~~u WHEREAS, The State of Colorado benefits greatly from having one of the most successful and extensive voluntary recycling programs in the nation; and a. ; . WHEREAS, Colorado Recycles is a statewide nonprofit educational organization promoting the growth of recycling in Colorado; and . ~ WHEREAS, the impact of Colorado Recycles and all recyclers will continue to aid the state's economy and be beneficial to the environment; and inn n~~:(~ . ~ WHEREAS, the Town of Vail and its citizens support recycling. - ~9 - ~ ~ NOW, THEREFORE, BE IT RESOLVED, that we, the honorable elected . . Mayor and members of the Vail Town Council, join with Colorado Recycles, in recognizing "June Recycling Month". . ~ INTRODUCED, READ, APPROVED AND ADOPTED this 18th day of May, 1993. Margaret A. Osterfoss, Mayor fr • a ATTEST: ~ ~ „,~~I Holly L. McCutcheon, Town Clerk ' C:IRESOLU93.5 - - _ , • ~ ~ viOR's` - "+1~7'~q~ ~ °r119' '•7~ ~ ~ Apr'. °1.~'V~' ~ Fq,.'"~",~~"~ ~ ~K Y AGREEMENT PERMITTING ENCROACHMENT THIS AGREEMENT is made as of the day of , 1993, by and between Town of Vail, a (hereinafter the "Easement Holder"), and David A. Danielson and Leslie A. Danielson (collectively, "Property Owner"), owners of the following-described real property: Lot 8, Block 6, Vail Intermountain Development Subdivision according to the plat thereof (the "Plat") recorded in the real property records of Eagle County , Colorado (the "Subject Property"). A. The Easement Holder is a beneficiary of the certain five-foot Drainage and Utility Easement over, under, above and through those portions of the Subject Property, as shown on the Plat, (collectively and individually, the "Easements"). B. Various improvements on the Subject Property encroach upon the Easements in certain locations. C. The Easement Holder is willing to permit such improvements to be permanent encroachments on the Easements in consideration of certain undertakings by Property Owner. NOW, THEREFORE, in consideration of the Recitals, the mutual promises contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Easement Holder shall permit the permanent structures as shown on the attached Exhibit A to encroach upon the Easements. 2. The Easement Holder shall not be liable for any loss, damage or injury of any kind to any person or property caused by or arising from construction of the improvements or performance by Property Owner of its obligations under this Agreement. Property Owner shall indemnify against and hold the Easement Holder harmless from all liability for any loss, damage, or injury caused by or arising from Property Owner's maintenance of the improvements and performance of its obligations under this Agreement and from all costs and expenses arising therefrom, including, without limitation, losses relating to any disruption in utility services. Property Owner shall at all times have in effect a policy of general comprehensive liability insurance covering loss, damage or injury caused by or arising from the existence of the improvements. 3. This Agreement shall bind the successors and assigns of the Property Owner, and shall be appurtenant to and deemed to run with and for the benefit of the Subject Property in Eagle County, Colorado until such time that Easement Holder abandons the Easements. This Agreement shall be recorded against the Subject Property in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year first above written. Dated this day of , 1993. TOWN OF VAIL By: Secretary ,President David A. Danielson Leslie A. Danielson STATE OF COLORADO } } ss. County of Eagle } The foregoing instrument was acknowledged before me in the County of Eagle, State of Colorado this day of _ , 1993, by as and as of The Town of Vail, a Witness my hand and official seal. My commission expires: Notary Public 2 STATE OF } } ss. County of } The foregoing instrument was acknowledged before me this day of , 1993 by David A. Danielson and Leslie A. Danielson. My commission expires: Notary Public /encrgol7.dc 3 4 ~ ~ ~ i~~J3 rOUNa wit NE!! COR ~ 9th' L5. l9!! y ~ i~~ /A ~I • \ m 20~ EASEMENT • ~ ' / I (BOOK 218, PAGE 417) EtrK ~ 'w GORE ~R / I % jlsf FLOOR WOOD DECK a ~ CONCRETE SLAB • N ~ / ~ ~ 2nd FLOOR WOOD DECK / ~ ~ 1 „tom Z~~ \ 1 \ ' / 1 I ~ / ' \ J~ / t~ S HEDE , ,}AA~. :ti+•~,.r a.~.T y;.. \ o" ~ tij ~rti ~ n 1` .a t ~ \ ~ r•~Q~~.; FRfy>i1E~,,, [hereby certify that this improvement location certificate was prepared WOOD .1".,''~ ;~'~i'5;,'i~/i;; l far the aartgage lender and the title insurance company, that it is not a LOT 8 LANDIN k° ] ~ it land survey plat or improvement survey plat, and that it 15 not to be relied \ of ` ~ft~r 6s1 "s upon for the establishment of fence, huilding, ar other future improvement `~-w00D-ENCASED . , lines. [further certify that the 1~rovements on the above described parcel 2nd ~ • •'~;:~~:,`,,,:i'°.~ CONDUIT ~ on this date, except utility connections, are entirely within the boundaries FLOOR {~;a;y,;`,+:~,.:~,~; ~ \`%r~ of the parcel, except as shavn, that there are no encroachments upon the ~i \ -WOOD__. `~"'"~'-""'261 ' WOOD RETAINING DECK ^i"`'' _ WALL _ \ described premises Dy improvements on any adjoining premises, except as Ei - indicated, and that there is no apparent evidence or sign of any easement H - \ % WOOD ~ ~ GABION P.ETAINING f~`., ~ crossing or burdening any part of said parcel, except as noted. ~ ~ o - ~ STEPS N'ALL ` This certificate does not constitute a title search by Inter-Mountain Engineering ~ Lk,~` , \ ~ ~ to determine ownership or easements of record. For all information regarding ~ easements, rights-of-way or title of record, Inter-Mountain Engineering xo, w 'PINad CAP relied upon Stewort Tice Guoronly Company Policy No.0-9902-32923T,Order W r r~ , PARKING AREA ~ ne+ ! ~N, 95u ; °•s. saai • No. 2945• V. - ~ •P.i w \ sib•oe'o°'" Arian T. Kelly 62?8 R, L, S. 24318 !'6"' w RAVE ~5~~1 ~ r?: NOTICE; According to Colorado law, you must conmence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event, may any action based upon such defect in this survey be commenced more than ten years from the date of the certification shown hereon. ~Prvisrws ~ I"L1PROVE1~lEIJT LGCATIGiv CERTIFICATE OFSK.>+ED PY+- PppJF[T Ne V-o.l4s S P.o.eox aye ~ eusTe aos oNUrN ~ A.K.C. ah 12/30/88 0070 NOTTINOHAr, ao.o Inter-Mountain ,~,a v~NCC LOT 8, BLOCK 6, LYON, COLO.af EtO • • LxNlMpOa. COLa..07f0 9Yi „ ' raoai...-eons Engzneer><ngua. ~aoaizaa-ora. VAIL INTERMOUNTAIN DEVELOPEMENT SUBDNISION, BTK I =20 TOWN OF VAIL, EAGLE COUNTY, COLORADO eoa - woc - _ snctr ~ I OF I _ ,