HomeMy WebLinkAbout2007-05-15 Support Documentation Town Council Evening SessionTOWN COUNCIL
EVENING SESSION AGENDA
6:00 P.M. TUESDAY, MAY 15, 2007
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
NOTE: Times of items are approximate, subject to change, and
cannot be relied upon to determine at what time Council
will consider an item.
1.
2.
3. Stan Zemler
ITEM/TOPIC: Citizen Participation. (10 min.)
ITEM/TOPIC: Construction Update. (5 min.)
ITEMITOPIC: Town Manager's Report. (10 min.)
• Timber Ridge Update
4. Stan Zemler
.Malcolm Murray
Mark Masinter
ITEMITOPIC: LionsHead Parking Structure Redevelopment and
Timber Ridge Redevelopment. (30 min.)
ACTION REQUESTED OF COUNCIL: Listen to and discuss the
information presented.
BACKGROUND RATIONALE: On March 20, 2007, Town Council
directed staff to enter into an exclusive negotiation with Open
Hospitality Group/Hillwood Capital Partnership (OHP) for
redevelopment of the LionsHead parking structure property and to
simultaneously consider OHP's proposal to redevelop Timber
Ridge. Staff and OHP, along with our respective advisors, .have
been discussing the projects and negotiating key points and are
prepared to give a formal status report to Town Council.
STAFF RECOMMENDATION: None -information only
5. Bill Gibson ITEM/TOPIC: Second Reading of Ordinance No. 11, Series of 2007,
an ordinance amending Special Development. District No. 4, Cascade
Village, to allow for a new development area located at Tract K, Glen
Lyon Subdivision, and setting forth details in regard thereto. (20 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 11, Series of 2007, on second
reading.
BACKGROUND RATIONALE: On May 1, 2007, the Vail Town
Council. approved Ordinance No. 11, Series of 2007, on first reading
by a vote of 5-0-0.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council, approves
Ordinance No. 11, Series of 2007, on second reading.
6. Steve Wright ITEM/TOPIC: Second reading of Ordinance No. 14, Series 2007.
An Ordinance Amending Sections 5-1-7(H)(2)(d) Vail Town Code
Regarding the Regulation of Amplified Sound for Commercial
Purposes; and setting forth details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, amend or deny
second reading of Ordinance No. 14, Series 2007.
BACKGROUND: During the Council meeting of April 17, 2007,
the Council directed the staff to provide an Ordinance amending
the current town code section 5-1-7, extending the time periods for
allowable outdoor entertainment. The Council wishes to extend
the time which amplified-sound equipment may be used for
commercial purposes on Friday and Saturday nights from 10:00
p.m. to 11:00 p.m.
STAFF RECOMMENDATION: Approve, amend or deny second
reading of Ordinance No. 14, Series 2007.
7. Matt Mire ITEM/TOPIC: Resolution No. 12, Series 2007, A Resolution
Approving the Purchase of Property in the Town of Vail Legally
Described as Vail Heights Condominium Unit #11, Eagle County,
Colorado with a Physical Address of 2079 Chamonix -Lane, Vail
Colorado; and Setting Forth Details Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No.
12, Series 2007.
BACKGROUND RATIONALE: The Council considers it in the
interest of the public health, safety and welfare to purchase the
property legally described as Vail Heights Condominium Unit #11
Eagle County, Colorado with a physical address of 2079
Chamonix Lane, Vail Colorado (the "Property") in the amount of
$280,000.00.
STAFF RECOMMENDATION: Approve Resolution No. 12, Series
2007.
8. Matt Mire ITEM/TOPIC: Resolution No. 13, Series 2007, A Resolution
Approving the Purchase of Property in the Town of Vail Legally
Described as Pitkin Creek Park Condominium Unit #6-H, Eagle
County, Colorado with a Physical Address of 4011 Bighorn Road,
Vail Colorado; and Setting Forth Details Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve Resolution No.
13, Series 2007.
BACKGROUND RATIONALE: The Council considers it in the
interest of the public health, safety and welfare to purchase the
property legally described as Pitkin Creek Condominiums unit 6-H,
Eagle County, Colorado with a physical address of 4011 Bighorn
Road, Vail Colorado (the "Property") in the amount of
$460, 000.00.
STAFF RECOMMENDATION: Approve Resolution No. 13, Series
2007.
9• ITEMITOPIC: Adjournment. (7:45 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, JUNE 5, 2007 IN THE VAIL TOWN COUNCIL
CHAMBERS.
Sign language interpretation available upon request with 48-hour notification. Please
call 479-2106 voice or 479-2356 TDD for information.
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: May 15, 2007
SUBJECT: Ordinance No. 11, Series of 2007, an ordinance amending Special
Development District #4, Cascade Village, to allow for the creation of
Development Area E, located at Tract K, Glen Lyon Subdivision, and
setting forth details in regard thereto
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a major
amendment to Special Development District #4, Cascade Village, to allow for the
creation of Development Area E, located at Tract K, Glen Lyon Subdivision. The
applicant's primary purpose for this application is to designate Track K as a
separate development area to facilitate the construction of a new snowcat access
road generally located south of the Eagle River Water and Sanitation District and
the former gas station sites (846 West Forest Road and 934 South Frontage
Road) to the Cascade Way trail (formerly known as the Westin Ho trail).
II. BACKGROUND
On April 9, 2007, the Town of Vail Planning and Environmental Commission
voted 7-0 to forward a recommendation of approval for the proposed
amendments to Special Development District #4, Cascade Village. The
Commission's recommendation was based upon the review of the criteria noted
in the April 9, 2007, staff memorandum and the evidence and testimony
presented, with the findings noted in the same staff memorandum. A copy of the
April 9, 2007 staff memorandum has been attached for reference (Attachment A).
Ordinance No. 11, Series of 2007, has been attached for review (Attachment B).
This ordinance has been drafted to include the allowable and conditional land
uses for Development Area E as recommended by Staff and the PEC, and
agreed upon by the applicant.
On May 1, 2007, the Town Council approved Ordinance No. 11, Series of 2007,
on first reading by a vote of 5-0-0.
III. CRITERIA FOR REVIEW
The criteria outlined in section VI of the staff's April 9, 2007, memorandum to the
Planning and Environmental Commission shall be used as the principal criteria in
evaluating the merits of the proposed special development district. It shall be the
burden of the applicant to demonstrate that submittal material and the proposed
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development plan comply with each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practical solution consistent
with the public interest has been achieved.
IV. STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
approves Ordinance No. 11, Series of 2007, on second reading to amend
Special Development District #4, Cascade Village, to allow for the creation of
Development Area E, located at Tract K, Glen Lyon Subdivision. Staff's
recommendation is based upon the review of the criteria noted in the April 9,
2007, staff memorandum to the Planning and Environmental Commission and
the evidence and testimony presented.
Should the Town Council choose to approve Ordinance No. 11, Series of 2007,
on second reading, the Community Development Department recommends the
Town Council makes the following findings:
"The Town Council finds that the applicant has demonstrated to the
satisfaction of the Council, based upon the evidence and testimony
presented:
1. That the proposed major amendment complies with the standards
outlined in the design criteria of Section 12-9A-8, Vail Town Code, based
upon the review outlined in Section VI of the Staff's April 9, 2007,
memorandum to the Planning and Environmental Commission; and,
2. That the proposed major amendment is consistent with the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and
compatible with the development objectives of the Town, based upon the
review outlined in Section VI of the Staff's April 9, 2007, memorandum to
the Planning and Environmental Commission; and;
3. That the proposed major amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas based upon the
review outlined in Section VI of the Staff's Apri19, 2007, memorandum to
the Planning and Environmental Commission; and,
4. That the proposed major amendment promotes the health, safety,
morals, and general welfare of the Town and promotes the coordinated
and harmonious development of the Town in a manner that conserves
and enhances its natural environment and its established character as a
resort and residential community of the highest quality based upon the
review outlined in Section VI of the Staff's April 9, 2007, memorandum to
the Planning and Environmental Commission."
V. ATTACHMENTS
Attachment A: Staff memorandum to PEC dated April 9, 2007
Attachment B: Ordinance No. 11, Series of 2007
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Vail Town Council Attachment: A
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Department of Community Development
DATE: April 9, 2007
SUBJECT: A recommendation to the Vail Town Council of a major amendment to a Special
Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures,
Vail Town Code, to allow for an amendment to Special Development District No.4,
Cascade Village, to allow for a new development area located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto.
Applicant: Vail Resorts, represented by Jay Peterson
Planner: Bill Gibson
I. SUMMARY
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major
amendment to Special Development District #4, Cascade Village (SDD #4), to allow for a new
development area located at Tract K, Glen Lyon Subdivision. Based upon Staff's review of the
criteria in Section VI of this memorandum and the evidence and testimony presented, the
Community Development Department recommends that the Planning and Environmental
Commission forwards a recommendation of approval, with conditions, to the Vail Town
Council of the proposed major amendment to Special Development District #4, Cascade
Village.
II. DESCRIPTION OF THE REQUEST
The applicant, Vail Resorts, represented by Jay Peterson, is requesting a final review of a major
amendment to Special Development District #4, Cascade Village (SDD #4), to designate Tract
K, Glen Lyon Subdivision, as a new "development area" (i.e. Development Area E) within SDD
#4. The primary purpose for this application is to designate Tract K as a separate development
area to facilitate the construction of a new snowcat access road generally located south of the
Eagle River Water and Sanitation District (ERWSD) and former gas station sites (846 West
Forest Road and 934 South Frontage Road) to the Cascade Way trail (formerly known as the
Westin Ho trail).
Tract K is currently designated as part of the "Dedicated Open Space" area of SDD #4. The
provisions of SDD #4 have not, and do not, include any approved development plan nor any
established development parameters for the Dedicated Open Space areas (including Tract K).
SDD #4 does not designate any permitted uses, conditional uses, or accessory uses for the
Dedicated Open Space. While the primary purpose for this application is to designate Tract K
as a separate development area to facilitate the construction of a new snowcat access road,
another purpose for this proposed major amendment is to establish a list of allowable land uses
for Tract K.
The applicant's proposed permitted uses for Tract K are similar to those within the Open Space
and Recreation Districts established by Chapter 12-8, Vail Town Code (e.g. Agriculture and
Open Space, Outdoor Recreation, Natural Area Preservation, Ski Base Recreation, and Ski
Base Recreation 2 Districts). The applicant has proposed that the following land uses be
permitted within Development Area E (i.e. Tract K):
1. Utility corridors and improvements
2. Mountain accessways, roads, bridges, retaining walls and related improvements
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
For consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Code, Staff recommends the following uses be permitted on Tract K:
1. Bicyc{e and pedestrian paths.
2. Interpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Also for consistency with the terminology of Chapter 12-2, Definitions, Vail Town Code, and for
consistency with the provisions of Chapter 12-8, Open Space and Recreation Districts, Vail
Town Code, Staff also recommends the following conditional uses be allowed on Tract K,
subject to the issuance of a conditional use permit:
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and conditional uses
and necessary for the operation thereof, with the exception of buildings.
A more complete description of the applicant's request (Attachment B) has been attached for
reference.
III. BACKGROUND
The following is a brief summary of Tract K and SDD #4 history which is relevant to the
proposed major amendment:
• March 1976: Ordinance 4 of 1976 -Town of Vail annexes "Lionsridge" area
• March 1976: Ordinance 5 of 1976 -SDD #4 established, Tract K is part of
development "Area C". "Ski lifts and Tows" are allowed as conditional uses in areas
A, B, & C.
2
• November 1977: Ordinance 28 of 1977 -SDD #4 "Dedicated Open Space"
development area designation created; however, the properties in this area are not
identified.
• April 1978: Glen Lyon covenant restrictions are adopted for Tracts B, C, D, E, F, G,
H, J, K & "stream tract".
• July 1978: Tract K is deeded from Gore Creek Associates to the Town of Vail.
• August 1983: conditional use permit approved "to construct the Westin-Ho ski trail in
Special Development District #4".
• June 1986: conditional use permit approved "in order to construct a ski lift at
Cascade Village"
• June and September 1987: Glen Lyon covenants amended to allow bridges, lifts,
mazes, trails, equipment, etc. for Tracts J, H, & "stream tract".
• December 1988: Ordinance 40 of 1988 -SDD #4 repealed & re-enacted with "ski
lift" conditional use allowed in areas A, B, & C.
• July 12, 2004: Planning and Environmental Commission forwards a
recommendation of approval to the Town Council for this major amendment
to a Special Development District (SDD) to allow for a new development area
located at Tract K.
• August 3, 2004: the Town Council adopted Ordinance 17, Series of 2004, on
first reading for this major amendment to a Special Development District
(SDD) to allow for a new development area located at Tract K.
• .Fall 2004 through Spring 2005: the Town Council tabled the second reading of
Ordinance 17, Series of 2004, on multiple occasions while Vail Resorts
negotiated with the other SDD property owners to resolve the related private
covenant issues.
• Spring 2005: Vail Resorts withdrew the application due to unresolved private
covenant negotiations.
The Design Review Board had previously reviewed and approved the proposed snowcat
access road. The Planning and Environmental Commission and the Town Council have
previously approved a retaining wall height variance to facilitate the construction of the access
road.
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IV, APPLICABLE PLANNING DOCUMENTS
TITLE 12: ZONING REGULATIONS
Article 12-9A: Special Development Districts (in part)
12-9A-1: PURPOSE:
The purpose of the special development district is to encourage flexibility and creativity
in the development of land in order to promote its most appropriate use; to improve the
design character and quality of the new development with the town; to facilitate the
adequate and economical provision of streets and utilities; to preserve the natural and
scenic features of open space areas; and to further the overall goals of the community
as stated in the Vail comprehensive plan. An approved development plan for a special
development district, in conjunction with the property's underlying zone district, shall
establish the requirements forguiding developmentand uses of property included in the
special development district. The special development district does not apply to and is
not available in the following zone districts: Hillside residential, single-family, duplex,
primary/secondary. The elements of the development plan shall be as outlined in
section 12-9A-6 of this article.
TOWN OF VAIL LANDUSE PLAN
Chapter VI-2: Key Goals
D. Parks and Open Space:
2) The preservation of open space was determined to be a high priority.
The improvement of existing parks and open space areas, in concert
with continued purchase of open space by the Town of Vail were both
identified as priorities.
Chapter VI-4: Proposed Land Use Categories (in part)
OS Open Space:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category. Hillsides which were
classified as undevelopable due to high hazards and slopes over40% are also
included within this area. These hillside areas would still be allowed types of
development permitted by existing zoning, such as one unit per 35 acres, for
areas in agricultural zoning. Also, permitted in this area would be
institutional/public uses.
TOWN OF VAIL COMPREHENSIVE OPEN LANDS PLAN
Tract K is not addressed by the Comprehensive Open Lands Plan.
V.. SITE ANALYSIS
Legal Description: Lot K, Glen Lyon Subdivision
Zoning: Special Development District #4
Land Use Plan Designation: Open Space
Current Land Use: Open Space and the Cascade Way trail
Lot Size: 362,518 sq. ft. (8.3223 acres)
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VI. CRITERIA FOR REVIEW
A. Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building height,
buffer zones, identity, character, visual integrity and orientation.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access
road is a similar land use as the existing Cascade Way trail which was approved in 1983.
Furthermore, the proposed land uses for Development Area E (i.e. Tract K) do not allow
for the construction of buildings.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Design Review Board; therefore, Staff believes the proposed major amendment is
compatible and sensitive to the immediate environment, neighborhood and adjacent
properties.
B. Uses, activity and .density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Additionally, Staff believes the proposed snowcat access
road is a similar land use as the existing Cascade Way trail which was approved in 1983;
therefore, Staff believes the proposed major amendment is compatible, efficient and
workable with the surrounding uses and activities.
C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of
the Vail Town Code.
Staff does not believe that this major amendment is affected by the parking or loading
requirements of Chapter 12-10, Vail Town Code. Therefore, Staff does not believe this
criterion is relevant to this application.
D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plan.
The goals contained in the Vail Land Use Plan are to be used as the Town's policy
guidelines during the review process for the establishment of a special development
district. Tract K is designated as "Open Space" by the Vail Land Use Plan. Staff has
reviewed the Vail Land Use Plan and believes the following policies are relevant to the
review of this proposal
Chapter VI-2: Key Goals
D. Parks and Open Space:
2) The preservation of open space was determined to be a high priority.
The improvement of existing parks and open space areas, in concert
with continued purchase of open space by the Town of Vail were both
identified as priorities.
Chapter VI-4: Proposed Land Use Categories (in part)
OS Open Space:
Passive recreation areas such as greenbelts, stream corridors, and
drainageways are the types of areas in this category. Hillsides which were
classified as undevelopable due to high hazards and slopes over 40 % are also
included within this area. These hillside areas would still be allowed types of
development permitted by existing zoning, such as one unit per 35 acres, for
areas in agricultural zoning. Also, permitted in this area would be
institutional/public uses.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space" and the policies, goals, and objectives identified in the Vail
Land Use Plan.
E. Identification and mitigation of natural and/or geologic hazards that affect the
property on which the special development district is proposed.
According to the Official Town of Vail Geologic Hazard Maps, Development Area E (i.e.
Tract K) is not located in any geologically sensitive areas or within the 100-year floodplain.
Therefore, Staff does not believe this criterion is relevant to this application.
F. Site plan, building design and location and open space provisions designed to
produce a functional development responsive and sensitive to natural features,
vegetation and overall aesthetic quality of the community.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Therefore, staff believes the major amendment complies
with this criterion. Additionally, Staff believes the proposed snowcat access road is a
similar land use as the existing Cascade Way trail which was approved in 1983.
The proposed snowcat access road was reviewed and approved by the Town of Vail
Design Review Board; therefore, Staff believes the proposed major amendment is
functional, responsive and sensitive to natural features, vegetation and overall aesthetic
quality of the community.
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G. A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
The proposed major amendment will facilitate the construction of a new snowcat access
road. This proposal will remove Vail Resorts' winter mountain maintenance traffic from
public streets (i.e. West Forest Road). Staff believes this will have a positive affect on
traffic flows and traffic safety. Additionally, the proposed major amendment will not
negatively impact use of the existing Cascade Way trail or the existing bike trail along
Gore Creek; therefore, Staff believes the proposed major amendment complies with this
criterion.
H. Functional and aesthetic landscaping and open space in order to optimize and
preserve natural features, recreation, views and functions.
The proposed major amendment allows for uses within Development Area E (i.e. Tract K)
which are consistent with uses allowed in the Town's Open Space and Recreation zone
districts (e.g. Agriculture and Open Space, Outdoor Recreation, Natural Area
Preservation, Ski Base Recreation, and Ski Base Recreation 2 districts); therefore, Staff
believes these proposed uses are consistent with Tract K's current SDD #4 designation
as "Dedicated Open Space". Therefore, staff believes the major amendment complies
with this criterion.
I. Phasing plan or subdivision plan that will maintain a workable, functional and
efficient relationship throughout the development of the special development
district.
As there is no phasing or subdivision plan associated with the major amendment, Staff
does not believe this criterion is relevant to this application.
VII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and Environmental
Commission forwards a recommendation of approval, with conditions, to the Vail Town
Council of the proposed major amendment to Special Development District #4, Cascade
Village. The Staff's recommendation of approval is based upon the review of the criteria
outlined in Section VI of this memorandum and the evidence presented on this application
subject to the following finding:
"The Planning and Environmental Commission finds that the applicant has
demonstrated to the satisfaction of the Commission, based upon the evidence and
testimony presented:
1. That the proposed major amendment complies with the standards outlined in the nine
design criteria of Section 12-9A-8, Vail Town Code, based upon the review outlined in
Section VI of the Staff's April 9, 2007, memorandum to the Planning and Environmental
Commission; and,
7
2. That the proposed major amendment is consistent with the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town, based upon the review outlined in Section VI of the
Staff's April 9, 2007, memorandum to the Planning and Environmental Commission;
and„ and,
3. That the proposed major amendment is compatible with and suitable to adjacent uses
and appropriate for the surrounding areas based upon the review outlined in Section VI
of the Staff's April 9, 2007, memorandum to the Planning and Environmental
Commission; and,; and,
4. That the proposed major amendment promotes the health, safety, morals, and
general welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the
highest quality based upon the review outlined in Section VI of the Staff's April 9, 2007,
memorandum to the Planning and Environmental Commission.
Should the Planning and Environmental Commission choose to approve this major amendment
request, the Community Development Department recommends the following conditions:
The following uses shall be permitted in Development Area E (i.e. Tract K) of
Special Development District #4, Cascade Village:
1. Bicycle and pedestrian paths.
2. Interpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
2. The following conditional uses shall be allowed in DevelopmentArea E (i.e. Tract K)
of Special Development District #4, Cascade Village, subject to the issuance of a
conditional use permit:
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and conditional
uses and necessary for the operation thereof, with the exception of buildings.
VIII. ATTACHMENTS
Attachment A: Vicinity Map
Attachment B: Applicant's request
Attachment C: Draft Ordinance No. 11, Series of 2007
Attachment D: Public Hearing Notice.
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Attachment B
Amendment to SDD #4
The purpose of this Amendment to-SDD #4 is to allow for the construction of a
snow cat access route to Cascade Way. This application is the same as the previous
application which was passed by the Town Council on first reading and then tabled until
the Covenant Amendment was approved by 75% of the Owners in the Glen Lyon
Subdivision. (Such percentage based upon land ownership). The Amendment was later
withdrawn due to the time lapse between readings. The previous submittal
documentation and memos are still appropriate and relevant as this submittal is the same
except for a slight re-alignment of the access way as it joins Cascade Way. The re-
alignment was at the request of various owners in Glen Lyon and results in less retaining
walls and a safer entrance onto Cascade Way. Anew drawing is attached showing the
adjustment.
Attachment: B
PROPOSED AMENDMENT TO
GLEN LYON SPECIAL DEVELOPMENT DISTRICT #4
June 1, 2004
PURPOSE OF THIS AMENDMENT
This proposed amendment to SDD #4 has evolved out of Vail Resort's proposal to
develop a new snowcat accessway from the VR Maintenance Yard to Vail Mountain. A
portion of this accessway is located on Tract K which is a part of SDD #4. The purpose
of this SDD amendment is to correct and clarify existing and allowable uses within Tract
K.
BACKGROUND ON SDD #4
SDD #4 was originally approved in 1976. This SDD is unique from most other SDD's in
two respects. Ordinance 5 of 1976 makes no mention of the SDD's underlying zone
district. Typically a SDD references an underlying zone district and this zone district
then establishes land uses permissible within the SDD. Secondly, SDD #4 includes
reference to specific permitted, conditional and accessory uses that are allowed in the
SDD.
SDD #4 has been amended a number of times over the years. Amendments have
addressed a range of topics, primarily allowable uses, development IeveI and changes to
development areas.
When originally approved in 1976, SDD #4 was divided into four distinct "development
areas". Development Areas A-D consisted of approximately 97 acres and allowed for a
wide variety of uses which in hindsight are quite consistent with Glen Lyon's existing
mixed-use character.
In 1977 SDD #4 was amended to include the same four Development Areas (Areas A-D)
with the addition of a 40.4 acres "Dedicated Open Space" category. There is no
indication in the SDD what, if any, uses are permissible in the 40.4 acres. of "Dedicated
Open Space". As indicated in the 1977 amendment, the total land area of the SDD was
approximately 92 acres.
SDD #4 was amended a number of times following the 1977 amendment, most recently
in 1998. There is no indication in any of these amendments as to what land uses are
permissible within the "Dedicated Open Space" category.
Tract K is a part of the "Dedicated Open Space" category. Tract K was deeded to the
Town of Vail in 1978.
BACKGROUND ON PROPOSED SNOWCAT ACCESSWAY
Vail Resort's submitted plans to the Town this past fall in order to construct a new
snowcat accessway. This new accessway is intended to provide a new snowcat route to
Vail Mountain and in doing so eliminate the need to run snowcats on West Forest Road.
A portion of the snowcat accessway is located on Tract K. As such, VR requested and
was granted permission by the Town Council to proceed through the review process in
order to obtain approvals for the snowcat accessway (and related improvements including
a new snowmaking intake/vault, water lines, bridge, retaining walls and landscaping).
VR has. all but completed this review process. The PEC has approved a variance to
maximum retaining wall heights and the DRB has approved the design of the project.
The Town Council has approved two of the four easements necessary for the project and
a building permit application has been submitted for the snowmaking intake/vault portion
of the project.
In April of 2004 a 1996 letter was provided to the Town from a property owner in the
Glen Lyon subdivision. This letter was a joint letter from the Town and Vail Resorts to
the Glen Lyon neighborhood. The letter outlined a process for the review of a new
mountain access road that would be located in part over Tract K.. The accessway location ,
and design contemplated in 1996 was very similar to the plans currently being proposed
by VR. This letter indicated that the accessway would require amendments to SDD #4.
In deference to this 1996 letter, it has been determined that in order for the new snowcat
accessway to proceed SDD #4 will need to be amended in order to allow for snowcat
accessways on Tract K. In addition, it has been determined that the existing Westin Ho
skiway was likely approved in error. While a conditional use permit for this skiway was
approved in 1983, there appears to be no basis for this request as neither "skiway" or
"catwalk" appear to be a permitted or conditional use within Tract K. This condition will
also be remedied by the proposed amendment to SDD #4.
PROPOSED AMENDMENTS
The following amendments and development approvals are proposed to SDD #4:
Create a new development area -Development Area E, this area will consist of "Tract
K".
Establish allowable uses within Development Area E to include:
Permitted Uses
1. Utility corridors and improvements
2. Mountain accessways, roads, bridges; retaining walls and related
improvements ~ ~
3. Skiways, catwalks, trails and related improvements
4. Snowmaking facilities and related improvements
^ Approve a development plan for Tract K-Development Area E. This plan includes all
or portions of the existing Westin Ho skiway, snowmaking/utility improvements, the
bridge and the snowcat accessway.
An existing conditions map and a development plan are provided herein. In order to
more clearly define the approved development plan for Tract K, it is anticipated that the
ordinance approving this SDD amendment can also reference the previously approved
plans for the bridge, snow-making facilities, accessway and retaining walls located within
Tract K.
REVIEW CRITERIA
The following design criteria shall be used as the principal criteria in evaluating the
merits of the proposed special development district. It shall be the burden of the applicant
to demonstrate that submittal material and the proposed development plan comply with
each of the following standards, or demonstrate that one or more of them is not
applicable, or that a practical solution consistent with the public interest has been
achieved:
A. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building. height, buffer zones, identity, character, visual integrity and orientation.
Response
Numerous snowcat access alignments have been studied over the years. The
proposed route minimizes impacts on the site and impacts to surrounding
neighborhoods. When compared to the existing snowcat route up West Forest
Road, the proposed route presents a much more sensitive solution for the
immediately surrounding neighborhoods and the community as a whole.
B. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response
The limited uses proposed for Development Area E are consistent with Tract E
"open space dedication" designation, with existing uses of Tract E and with
surrounding uses and activities.
C. Parking And Loading: Compliance with parking and loading requirements as outlined
in Chapter 10 of this Title.
Response
Not applicable. ~
D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive
Plan, Town policies and urban design plans.
Response
The removal of snowcats from West Forest Road is a stated goal of the L,ionshead
Redevelopment Master Plan, an element of the Vail Comprehensive Plan.
E. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
Response
A geotechnical analysis has been completed in conjunction with the design of the
snowcat access road.
F. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
Response
The snowcat accessway has been designed in order to minimize both cut/fill
slopes and site disturbance. An extensive landscape restoration plan has been
proposed as a part of the bridge/snowcat accessway.
G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off-site traffic circulation.
Response
The new snowcat access is proposed in order to remove snow cats from West
Forest Road. This change will result in a much safer roadway condition and a
reduction of traffic on this road.
H. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Response
A landscape plan has been provided as an element of the development plan for the
bridge and snowcat accessway.
I. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district. (Ord. 21(1988) § 1)
Response
Initially proposed to be developed in one phase, the project is now likely to be
developed in two phases. Phase I is expected to consist of the new snowmaking
intake/vault, new snowmaking lines up Vail Mountain and a new bridge over
Gore Creek. Phase I would be done the summer/fall of 2004. Phase II would
consist of the snowcat accessway up Vail Mountain. The timing for completion
of Phase II is to be determined. If the SDD amendment process is resolved in a
timely manner the accessway could be constructed in 2004. As an alternative, it
is anticipated that the accessway would be constructed in 2005.
GLEN LYON SDD #4 - _
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~~AFp
ORDINANCE NO. 11
Series of 2007
Attachment C
AN ORDINANCE AMENDING ORDINANCE NO. 11, SERIES OF 1999, SPECIAL
DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW
DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND
SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No. 4; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approval of this major amendment at its April 9, 2007 public hearing,
and has submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend Special Development District No. 4.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 11, Series of 1999, is hereby amended as follows:
(deletions are shown in °'Y;U° +"r^„^"/additions are shown in bold italics)
Established
A. Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. Special Development District No. 4 and the 97.955
acres may be referred to as "SDD No. 4".
B. The district shall consist of four separate development areas, as identified
in this ordinance consisting of the following approximate sizes:
f~ -~fT"i _~;-
C ~ `.i
Area Known As Develo pment Area Acrea e
Cascade Village A 17.955
Coldstream Condominiums B 4.000
Glen Lyon Primary/Secondary and Single Family Lots C 9.100
Glen Lyon Commercial Site D 1.800
Tract K E 8.322
Dedicated Open Space 4:489 32.078
Roads 4.700
TOTAL 97.955
Section 2. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in °+r;U° +"r^„^"/additions are shown in bold italics)
Development Plan -Required -Approval Procedure
Each development area with the exception of Development Areas A and D shall
be subject to a single development plan. Development Area A shall be allowed
to have two development plans for the Cascade Club site as approved by the
Town Council. The Waterford and Cornerstone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan for Development Area E shall be established through the review and
approval of a design review application and/or conditional use permit
application. The developer shall have the right to proceed with the development
plans or scenarios as defined in the development statistics section of this
ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the
Municipal Code.
Section 3. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in °+r;U^ +"r^„^"/additions are shown in bold italics)
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-
7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or
2
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"street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, and office except that no professional or business office
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space having a maximum square footage of 925 square feet located on the
first floor on the northwest corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;.
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1.Two-family dwelling;.
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the
Municipal Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
3
k ~~t~~
.~
E, Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Section 4. Ordinance No. 28, Series of 1998, is hereby amended as follows:
(deletions are shown in s~st~~/additions are shown in bold italics)
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Special attraction;
4. Ski lifts;
5. Public park and recreational facilities;
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
4
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B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Ski lifts;
D. Area D, Glen Lyon Commercial Site
1.Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E. Area E, Tract K
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows. Y
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
s
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Section 6. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 7. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed,. any
violation that occurred prior to the effective date hereof,- any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of May,
2007, and a public hearing for second reading of this Ordinance set for the 15th day of
May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
~- - ~-:;,din , F~ i.., ~ ,
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
day of , 2007
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
Attachment Q
+,, ,
:<1~ z, ~i
. , ~ ~ ~}~1V~OF YAIL
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the
Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town
Code, on ,April 9, 2007, at 1:00 pm in the Town of Vail Municipal Building, in
consideration of:
A request for a final review of a ma}or exterior alteration, pursuant to Section 12-7A-12,
Exterior Alterations or Modifications, Vail Town Code, to allow for the addition of an entry
feature, located at 292 East Meadow Drive (Mountain Haus), part of Tract B, Vail Village
Filing 1, and setting forth details in regard thereto. (PEC07-0012)
Applicant: Vail Estates, represented by Paul Smith
Planner: Bill Gibson
A request fbr final review of the prescribed zoning regulations, pursuant to Section 12-3-
7, Amendment, Vail Town Code, to allow for modifications to Section 12-6A-9, Site
Coverage, Vail Town Code, to increase allowable site coverage from 15% to 20%,
Spraddle Creek Estates Subdivision, located at 914 through 1326 Spraddle Creek Road,
Lots 1-15, and setting forth details in regard thereto. (PEC07-0013)
Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave
Kaselak of Zehren and Associates
Planner: Warren Campbell
A request for final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to allow for modifications to platted
gross residential floor area and site coverage limitations, located at 914 Spraddle Creek
Road, Lots 1-15, Spraddle Creek Estates Subdivision; and setting forth details in regard
thereto. (PEC07-0014)
Applicant: Spraddle Creek Estates Homeowners Association, represented by Dave
Kaselak of Zehren and Associates
Planner: Warren Campbell
A request for a final review of an amended final plat, pursuant to Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code, to amend the platted building
envelope (Lot 1), within the Eleni Zniemer Subdivision located at 1677 Buffehr Creek
Road/Lots 1, Eleni Zniemer Subdivision, and setting forth details in regard thereto.
(PEC07-0015)
Applicant: Doug Weltner
Planner: Warren Campbell
Page 1
A recommendation to the Vail Town Council of a major amendment to a Special
Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures,
Vail Town Code, to allow for an amendment to Special Development District No. 4,
Cascade Village, to allow for a new development area located at Tract K, Glen Lyon
Subdivision, and setting forth details in regard thereto. (PEC07-0017)
Applicant: Vail Resorts, represented by Jay Peterson
Planners: Bill Gibson
The applications and information about the proposals are available for public inspection
during office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend project orientation and the site visits that
precede the public hearing in the Town of Vail Community Development Department.
Please call 970-479-2138 for additional information.
Sign language interpretation is available upon request, with 24-hour notification. Please
call 970-479-2356, Telephone for the Hearing Impaired, for information.
Published March 23, 2007; in the Vail Daily.
~µ<<~~-
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Page 2
Vail Town Council Attachment: B
ORDINANCE NO. 11
Series of 2007
AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4,
CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT
TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments
to existing special development districts; and
WHEREAS, Vail Resorts has submitted an application for a major amendment to
Special Development District No. 4; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail
has recommended approval of this major amendment at its April 9, 2007 public hearing,
and has submitted its recommendation to the Town Council; and
WHEREAS, the Town Council considers it in the interest of the public health,
safety, and welfare to amend Special Development District No. 4.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Special Development District No. 4, Cascade Village, is hereby
amended as follows:
(deletions are shown in ~+,-~U^ +"~^~ ~^"/additions are shown in bold italics)
Established
A. ~ Special Development District No. 4 is established for the development on a
parcel of land comprising 97.955 acres as more particularly described in
the attached Exhibit A. Special Development District No. 4 and the 97.955
acres may be referred to as "SDD No. 4".
B. The district shall consist of four separate development areas, as identified
in this ordinance consisting of the following approximate sizes:
Area Known As Develop ment Area Acreage
Cascade Village A 17.955
Coldstream Condominiums B 4.000
Glen Lyon Primary/Secondary and Single Family Lots C 9.100
Glen Lyon Commercial Site D 1.800
Tract K E 8.322
Dedicated Open Space 45:499 32.078
Roads 4.700
TOTAL 97.955
Section 2. Special Development District No. 4, .Cascade Village„ is hereby
amended as follows:
(deletions are shown in st~+fet~gk~/additions are shown in bold italics)
Development Plan -Required -Approval Procedure
Each development area with the exception of Development Areas A and D shall
be subject to a single development plan. Development Area A shall be allowed
to have two development plans for the Cascade Club site as approved by the
Town Council. The Waterford and Cornerstone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per
the approved phasing plans as approved by the Town Council. A development
plan for Development Area E shall be established through the review and
approval of a design review application and/or conditional use permit
application. The developer shall have the right to proceed with the development
plans or scenarios as defined in the development statistics section of this
ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the
Municipal Code.
Section 3. Special Development District No. 4, Cascade Village, is hereby
amended as follows:
(deletions are shown in °+•~'~~~/additions are shown in bold italics)
2
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-
7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or
"street level" shall be defined as that floor of the building that is located at
grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, and office except that no professional or business office
shall be located on street level or first floor (as defined above) unless it is
clearly accessory to a lodge or educational institution except for an office
space having a maximum square footage of 925 square feet located on the
first floor on the northwest corner of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1.Two-family dwelling;
2. Multi-family dwelling.
C. Area C, Glen .Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the
Municipal Code.
3
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
E. Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Section 4. Special Development District No. 4, Cascade Village, is hereby
amended as follows:
(deletions are shown in strike-tl~/additions are shown in bold italics)
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-
16 of the Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Fractional fee ownership as defined in the Town of Vail Municipal Code,
Section 12-2 shall be a conditional use for dwelling units in the Westhaven
multi-family dwellings. Fractional fee ownership shall not be applied to
restricted employee dwelling units or transient residential dwelling units.
Ownership intervals shall not be less than five weeks.
3. Special attraction;
4. Ski lifts;
5. Public park and recreational facilities;
4
6. Major arcades with no frontage on any public way, street, walkway or
mall area.
B. Area B, Coldstream Condominiums
1. Public park and recreational facilities;
2. Ski lifts.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Public park and recreational facilities;
2. Ski lifts;
D, Area D, Glen Lyon Commercial Site
1.Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2.
E. Area E, Tract K
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
Section 5. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision. shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
s
subsections, sentences, clauses or phrases be declared invalid.
Section 6. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 7. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shad not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of May,
2007, and a public hearing for second reading of this Ordinance set for the 15th day of
May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
day of .2007
Rod Slifer, Mayor
Attest:
Lorelei Donaldson, Town Clerk
ORDINANCE NO. 14
SERIES OF 2007
AN ORDINANCE AMENDING SECTION 5-1-7(H)(2)(d) VAIL TOWN CODE REGARDING THE
REGULATION OF AMPLIFIED SOUND FOR COMMERCIAL PURPOSES; AND SETTING
FORTH DETAILS !N REGARD THERETO.
WHEREAS, The Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a
home rule municipal corporation duly organized and existing under the laws of the State of Colorado
and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly
elected and qualified; and
WHEREAS, the Council wishes to extend the time which amplified-sound equipment maybe
used for commercial purposes on Friday and Saturday nights from 10:00 p.m. to 11:00 p.m.; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 5-1-7(H)(2)(d) Vail Town Code is hereby amended to read as follows:
In all other zones, except such portions thereof as may be included within one hundred feet
(100') of any residential zone, the operation or use of sound-amplifying equipment for commercial
purposes is prohibited between hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. of
the following day on Sunday through Thursday and between the hours of eleven o'clock (11.00)
P.M. and eight o'clock (8.00) A M of the following day on Friday and Saturday. '
Section 2. 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.
Ordinance No. 14, Series of 2007
Section 3. 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 4. The amendment 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 amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously amended or
superseded unless expressly stated herein.
Section 5. 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.
Section 6. This ordinance, as adopted by the Town Council, shall be numbered and recorded by
the Town -Clerk in the official records of the Town. The adoption and publication shall be
authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the
certificate of publication.
Section 7. This ordinance shall be in full force and effect five days after publication following
final passage.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 1st day of May, 2007, and a public hearing shall be held on this Ordinance
on the 15th day of May, 2007, at 6:00 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 14, Series of 2007 2
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15~'
day of May, 2007.
Rodney E. Slifer, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 14, Series of 2007
RESOLUTION NO. 12
Series of 2007
A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF
VAIL LEGALLY DESCRIBED AS VAIL HEIGHTS CONDOMINIUM UNIT #11, EAGLE
COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 2079 CHAMONIX LANE,
VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to purchase property legally described as Vail Heights Condominium Unit
#11, Eagle County, Colorado with a physical address of 2079 Chamonix Lane, Vail
Colorado (the "Property"); and
WHEREAS, the Council's approval of this Resolution No. 12, Series 2007, is
required to purchase the Property.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
1. The purchase of the Property is hereby approved by the Council at the
purchase price of $280,000.00.
2. The Town Manager is hereby authorized to execute, on behalf of the
Town, an agreement to purchase the Property and to take whatever steps
are necessary to complete the purchase of the Property.
3. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 15th day of May, 2007.
Rodney E. Slifer,
Mayor of the Town of Vail, Colorado
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 11, series 2007
RESOLUTION NO. 13
Series of 2007
A RESOLUTION APPROVING THE PURCHASE OF PROPERTY IN THE TOWN OF
VAIL LEGALLY DESCRIBED AS PITKIN CREEK PARK CONDOMINIUM UNIT #6-H,
EAGLE COUNTY, COLORADO WITH A PHYSICAL ADDRESS OF 4011 BIGHORN
ROAD, VAIL COLORADO; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified; and
WHEREAS, the Council considers it in the interest of the public health, safety
and welfare to purchase the property legally described as Pitkin Creek Condominiums
unit 6-H, Eagle County, Colorado with a physical address of 4011 Bighorn Road, Vail
Colorado (the "Property"); and
WHEREAS, the Council's approval of this Resolution No. 13, Series 2007, is
required to purchase the Property.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
~ • The purchase of the Property is hereby approved by the Council at the
purchase price of $460,000.00.
2. The Town Manager is hereby authorized to execute, on behalf of the
Town, an agreement to purchase the Property and to take whatever steps
are necessary to complete the purchase of the Property.
3. This resolution shall take effect immediately upon its passage.,
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 15th day of May, 2007.
Rodney E. Slifer,
Mayor of the Town of Vail, Colorado
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 13, Series 2007