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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 1 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 2 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. 3 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) 4 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. 6 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. '^-_._~r .,_. art .-~:~ aY~ -~,..-F~ 'r.:.' '-~'. .' - ~ -: k.. -. ~~•.~ fra ". rr. - :r'. 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S ._Ai `!: ~." ~ ' ~~ ~ i ~~' .* t; ~ ~ ~ .': ,., M~ z- r I - n .. ~:. ~ f - -tr' s t ~. QQ + + ~ ~ - ' t ~ •~ Xr ~ F ~' ~ ' ~ . ~. . .~ .r ~ f 1 r ri rry r Z ~s ~ ~~K ~ ~ ~ + ': e: C 1 ~i:~ M ~.~Nl tiT ' ~ ~ Z°d' f~ ii ,r k ~~~ ~' s7 K r~ Y A ;,, ~ }~ ~~ ~ r4xsea + i:. ~ Y ~~`~~~ ` . NM~ t. ~i~~ ~~,'~tr ~.•. Y ~. L~~r r ~ ~s ~ -~ 9 ~ 4 b lx xJ ~.,h. `4 A ~ ,_ ~~ ~M~i~~~~~ a~~ i ~r x.,. ~ ~;, ka '~ ;r9 Sr ~ ~'~ R x ~' t a~ :~~ ~~ ~ z~w rt. ~ f s t~ ~ t f t -r_ ..~ t 4 ,pry n (1 t p flj~~+F H kt- Y ~ ~ E - r ~.Z ~~; r, ~ , '_: - [ ~ ~M ~rxsr t~ , ~ ~ ~ ~ ~ ~,~4 n x~ ~~ yip ~`}' ! 1~~ ~ 1.F' ~ '~ r 1 1 -_• ~ a vt~ r>,~~~ ~< r rs.K ~ , ~ i ~ ', 1 + ~ it v ~ '. 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 - _ Z ~ ~ ~ TRACT K AMENDMENT . ~ ~'' a~~ .^ ~ . . c/ ~ ~ «c/ _ I ~ ~ ~ y~r.r d a r-e. .rl t / " ~ w,~ w w ha y f p .• >_ ~j, - ~ ~ ~ ~ ~ x ' - .. 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I~Ii i :~.,~ '%:• .%: '.% ~:' ~' . -! :=-" S 3ET HE .r ~~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 ,~. '~, r ,~ , ~ -.~ ` ~, .: /~a "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 ~~. ~73~ J y: .. ~. ~a u. ,'e, 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 ~'" . "?= s l~F • r :~ r 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<<~~- ~~r'~aVi 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