HomeMy WebLinkAbout2008-07-01 Support Documentation Town Council Work Session ,
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VAfL TOWN COUNCIL
WORK SESSION AGENDA
, VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
. 2:00 P.M., TUESDAY, JULY 1, 2008
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. Warren Campbell ITEM/TOPIC: PEC/DRB Update. (5 min.)
2. WaRen Campbell ITEM/TOPIC: Update to the Vail Town Council on the current
status of the Ever Vail applications, their review, and the process
moving forward. (20. min.)
ACTION REQUESTED OF COUNCIL: There is no action
requested of Council at this time
BACKGROUND RATIONALE: The redevelopment of the area
known as Ever Vail is an intricate project with many applications
and steps within the development review process. Staff and the
Vail Resorts Development Company have scheduled a work
session with the Vail Town Council in an effort to communicate the
, current status of the review process for Ever Vail. A presentation
to the Vail Town Council will include the review steps that are
completed and the anticipated future steps in the review of the
Ever Vail redevelopment.
3. Scot Hunn ITEMITOPIC: A request for first reading of Ordinance No. 5,
Series of 2008, an ordinance approving a major amendment to
Special Development District No. 4, Cascade Village, pursuant to
Section 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for the development of the Cornerstone Site. (PEC070055)
(30 min.) . ACTION REQUESTED OF COUNCIL:
Work Session: Staff recommends the Council listen ta the Staff's presentation of
revisions made to the site specific development plan, proposed
amendments to the SDD, as well as the public benefits proposed
with the development of the Cornerstone Site. If the Staff is able
to satisfactorily address the Council's previously stated concerns
and questions with regard to the development plan and
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amendments to the SDD during the work session, Staff has prepared an ordinance for the Council's consideration upon first
reading.
BACKGROUND RATIONALE: On January 28, 2008, the Town of
Vail Planning and Environmental Commission voted unanimously
to forward a recommendation for approval, with conditions, of an
application for a major amendment to SpeciaG Development
District No. 4, Cascade Village, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the
development of the Cornerstone Site. (PEC070055)
On, February 19, 2008, the Vail Town Council held a public
hearing to consider Ordinance No. 5, Series of 2008, an ordinance
approving a major amendment to Special Development District
No. 4, Cascade Village, on first reading. At that meeting, the
Council voted unanimously to table the public hearing to their
regularly scheduled meeting of March 18, 2008, citing concems
over the proposed amendments to the SDD, building height,
public benefits, parking and employee housing mitigation. The
applicant has submitted subsequent requests to table the hearing
to the Council's regularly scheduled meeting dates of April 1, May .
20, and July 1, 2008, to properly respond to the Council's
previously stated concems and to work with Staff to fully analyze
previous amending ordinances for SDD No. 4 prior to returning to
the Town Council for further consideration of the development
plans and first reading of Ordinance No. 5, Series of 2008.
4.1 Bill Gibson ITEM/TOPIC: Ordinance No. 12, Series of 2008, an ordinance amending Chapter 12-16; Conditional Use Permits, to allow for the administrative review and approval of specific conditional uses,
and setting forth details in regard thereto. (PEC080103). (30 min.)
ACTION REQUESTED OF COUNCiL: Approved, approve with
modifications, or deny Ordinance No. 12, Series of 2008, on first
reading. BACKGROUND RATIONALE: On June 23, 2008, the Planning,
and Environmental Cammission voted 6-0-0 to forward a
recommendation of approval for the prescribed text amendments
of Ordinance No. 12, Series of 2008. The purpose of the
proposed amendments is to streamline the Town development
review process, while achieving the same development outcomes.
STAff RECOMMENDATION: Staff recommends the Town
Council approves Ordinance No. 12, Series of 2008, on first
reading. 5. ITEMITOPIC: Information Update. (10 min.)
?Council input. Re: "Leadership Park City" pro forma and next .
steps.
? Budget Timetable. ,
6. ITEM/TOPIC: Matters from Mayor & Council. (10 min.)
7. ITEM/TOPIC: Executive Session, pursuant to 1) C.R.S. §24-6-
402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease,
transfer, or sale of property interests; to receive legal advice on
specific legal questions; and to determine positions, develop a
strategy and instruct negotiators, Re: Deed Restricted Employee
Housing Units. (20 min.)
8. ITEM/TOPIC: Adjournment. (4:05 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, JULY 15, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS.
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PLANNING AND ENVIRONMENTAL COMMISSION
June 23, 2008
12:00 Noon
TOWN COUNCIL CHAMBERS I PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Michael Kurz (departed at 3:30) Sarah Paladino
Rollie Kjsebo
Bill Pierce
Scot Proper
Susie Tjossem '
David Viele
60 Minutes
12:00 pm (Lunch Provided) Transit Oriented Development Presentation -'Michael Yerman
Parking Task Force - Greg Hall
There was a great deal of discussion about the impact of construction laborers parking in the parking
structures. There was no official recommendation, but it was agreed that a proactive approach was
needed. It was generally agreed that construction labors should not be the only ones to bear the
burden of mitigating the issues. It was suggested that numbers and dollars need to be gathered to
quantify the decreases in sales tax and when they are occurring and is the macro economic
condition in the U.S. affecting Vail. The Commission asked that the Parking Task Force return with
their recommendations prior to going to Council. Greg Hall thought he would be back in August.
45 minutes
A request for a final recommendation to the Vail Town Council of a proposed update and review
of the Vail Village Master Plan, pursuant to Section VIII-C, Adoption, Extensions, and
Amendments, Vail Village Master Plan, to affirm the applicability and purpose of the Master Plan,
located within the boundaries of the adopted Master Plan/(a complete legal description is
available for inspection at the Town of Vail Community Development Department upon request),
and setting forth details in regard thereto. (PEC080020) '
Applicant: Town of Vail Planner: George Ruther
ACTION: Tabled to July 14, 2008
MOTION: Kjesbo SECOND: Proper VOTE: 5-0-0
George Ruther presented an overview of the application and the Staff memorandum.
Commissioner Viele stated that he felt Policy 1.2.2 was a negative incentive to redevelopment.
He further added that he felt that property owners should be consulted prior to beginning this
process.
George Ruther stated that Policy 1.2.2 could be written not to have a negative impact or tone. He further added that he intends to meet with property owners prior to requesting a final
recommendation on this proposal.
There was subsequent discussion about this policy and the involvement of the property owners.
Steve Hawkins, representing the Mountain ; Haus stated that the owners he represented
supported the amendments as written.
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Jim Lamont, Vail Homeowners Association, suggested that there shouid be an oniine process for
participating in this process, not just face to face meetings. He conveyed an underlying concern
of his constituents was that if it was the Town's desire to use the public right-of-way to gain -
control over development that would looked upon as inappropriate. He suggested that language
be added stating that the public right-of-way would not be withheld that may resolve the
concerns.
Commissioner Kurz departed at 3:30.
The Commission and public subsequently reviewed each Goal statement and the associated
Policies and Action Steps.
20 Minutes
2. A request for a final recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulation amendments to Chapter 12-16,
Conditional Use Permits, to allow for the administrative review and approval of specific
conditional uses, and setting forth details in regard thereto. (PEC080103)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Recommendation of approval
MOTION: Kjesbo SECOND: Viele VOTE: 6-0-0
Item Number 2 was heard prior to Item Number 1 on the"agenda. '
Bill Gibson presented an overview of the application and the Staff memorandum.
There was no public comment. The Commissioners commended Staff for the proposed amendments.
2 Minutes
3. A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment,
Vail Town Code, for prescribed regulations amendments to Section 14-10-7, Outdoor Lighting,
Vail Town Code, to allow for amendments to the outdoor lighting standards, and setting forth
details in regard thereto. (PEC080032)
Applicant: Town of Vail Planner: Bill Gibson
ACTION: Table to July 14, 2008
MOTION: Kjesbo SECOND: Tjossem VOTE: 5-0-0
4. Approval of June 9, 2008 minutes MOTION: Tjossem SECOND: Kjesbo VOTE: 5-0-0
5. Information Update , 30 Minutes
Environmental Strategic Plan - Bill Carlson
Bill Carlson gave a power point presentation on the current status of the Environmental Strategic
Plan draft. The Commission provided feedback on several of the goals, objectives, and policies.
6. Adjournment
MOTION: Kjesbo " SECOND: Proper VOTE: 5-0-0
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The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South Frontage
Road. The public is invited to attend the 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.
Community Development Department
Published June 20, 2008, in the Vail Daily. '
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Page 3
DESIGN REVIEW BOARD AGENDA
IC MEETING
PUBL
June 18, 2008
00)
~~OF VCouncil Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 1:30pm
MEMBERS PRESENT MEMBERS ABSENT
Tom DuBois Mike Dantas Pete Dunning -
Brian Gillette
Elizabeth Plante (departed after item 3)
SITE VISITS 2:00pm
1. Potato Patch Clubhouse, 950 Red Sandstone Road
2. Wilson Residence, 792 B Potato Patch Drive
3. Dauphinais-Moseley, 1418 Moraine Drive
4. Meadow Drive Streetscape
PUBLIC HEARING - TOWN COUNCIL CHAMBERS 3:00pm
1. Wilson Residence DRB080196 / 10 Minutes Michael/VVarren
Final approval of a minor exterior alteration (re-roofl
792 Potato Patch Drive/Lot 11, Block 1, Vail Potato Patch
Applicant; Kenneth Wilson represented by G& G Roofing Inc
ACTION: Approved
MOTION: DuBois SECOND: Gillette VOTE: 4-0-0
2. Potato Patch Clubhouse DR6080189 / 20 Minutes Bill
Conceptual review for an addition (office)
950 Red Sandstone Road/Lot 7, Vail Potato Patch
Applicant: Booth Creek Management Company
ACT10N: Conceptual, no vote
3. Dauphinais-Moseley Construction DRB080208 / 10 Minutes Nicole
Conceptual review of a retaining wall and fence plan
1418 Moraine Drive/Lots 4, 5, 8, 9, 10
Applicant: Marpa Design Studio .
ACTION: Conceptual, no vote
4. Town of Vail DRB080030 / 10 minutes Nicole
Final review of a minor alteration (streetscape) °
West Meadow Drive right-of-way from Vail Road to the Medical Center
Applicant: Town of Vail, represented by Chad Salli
ACTION: Approved with condition(s)
MOTION: DuBois SECOND: Gillette VOTE: 3-0-0 (Plante absent)
CONDITION(S):
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1) The applicant shall keep a landscaped island in the cul-de-sac at the western end of
Meadow Drive where a landscaped island currently exist today.
2) The applicant shall replace the evergreen trees to be removed on a-foot for foot basis
along the extent of the streetscape.
STAFF APPROVALS
Gurrentz Residence DR6080113 Bill
Final review for an addition (living room)
1465A Greenhill Road/Lot 9, Glen Lyon Subdivision
Applicant: Kenneth and Hedy Gurrentz, represented by Habitat Design Group
Cordillera Production Co., LLC DRB080160 Nicole
Construction sign
1388 Vail Valley Drive/Lot 20, Block 3, Vail Valley Filing 1 .
Applicant: Cordillera Production Co. LLC, represented by Nedbo Construction Cordillera Production Co., LLC DRB080161 Nicole
Minor exterior alteration (windows/roofl 1388 Vail Valley Drive/Lot 20, Block 3, Vail Valley Filing 1
Applicant: Cordillera Production Co. LLC, represented by Nedbo Construction
Gordon Residence DRB080175 Rachel
Final review for minor exterior alteration (landscaping)
4997 Juniper Lane/Lot 1, Block 4, Bighorn 5th Addition -
Applicant: Morning Star Real Estate
Reiss Residence DRB080178 Michael/Rachel
Final review for minor exterior alteration (landscaping)
1784 Matterhorn Circle/Lot 3, Vail Village West Filing 2
Applicant: Helmut Reiss Trust
Woodings Residence DR6080126 Bill
Final review for an addition (entries) 1694 Matterhorn Circle/Lot 12, Matterhorn Village
Applicant: Ted Woodings, represented by John G Martin, Architect LLC
Innsbcuck Condominium Association DRB080179 Nicole
Final review for.re-model (paint and windows)
2783 Kinnikinnick Road/Lot 3 Block 4 Vail Intermountain ,
Applicant: Stephen Collins
Lux Residence DRB080171 Michael/Bill
' Final approval of changes to the approved plans (driveway) .
39886 Lupine Drive/Lot 2, Block 2, Bighorn Addition 1
Applicant: Terri Lux Browning Residence DRB080172 Bill
Final review of an addition (loft)
984 West Lionshead Circle Unit 420/Lot 8, Block 1, Vail Lionshead Filing 3
Applicant: Vail Partners represented by SRE Builders Page 2
Bell Tower DR6080176 Scot
Final approval of changes to. approved plans (windows, fascia)
201 Gore Creek Drive/Block 5B
Applicant: Bell Tower Partners represented by VAg Inc Architects
Vail Mountain Lodge DRB080177 Nicole
Final review for a minor exterior alteration (landscaping)
352 East Meadow Drive/Block 5 Vail Village Filing 1
Applicant: John Cahill
Douglas Residence DR6080180 Rachel
Final review of minor exterior alteration (chimney)
2801 Basingdale Boulevard/Lot 6, Bock 8, Vail Intermountain
Applicant: Louise Douglas represented by Rod Hall Company
The Englishman DRB080181 Bill
Final approval for a sign
193 Gore Creek Drive, Suite B/Gore Creek Plaza
Applicant: Tom McCarthy
O'Brien Residence DRB080183 Scot
Changes to approved plans (remove stucco, paint only)
1845 Gore Creek Drive/Lot 21, Vail Village West Filing 2
Applicant: James O'Brien
Pitkin Residence DR6080184 Bill
Final review for a minor exterior alteration (patio & hot tub)
95 Forest Road/Lot 32, Block 7, Vail Village Filing 1 . Applicant: Maximum Comfort Pool & Spa
The Willows Condominiums DRB080186 - George
Final review of changes to approved plans (windows, fireplace)
74 Willow Road/Lot 8, Willows Subdivision Applicant: Willows Condominium Assoc represented by Triumph Development .
Holiday House DR6080197 Bill
Final approval of a change to approved plans (landscaping)
9 Vail Road/Lot 913, Holiday House Applicant: Nedbo Construction Smith Residence DRB080198 Bill
Final approval for a sign (construction)
333 Beaver Dam Road/ Lot 41, Block 7, Vail Village Filing 1
Applicant: Paul G Smith Revocable Trust, represented by Dolan Construction
Saks Residence DRB080199 ~ Bill
Final review for a minor alteration (windows)
5020 Main Gore Place, Unit H-1, Unplatted
Applicant: Nina Saks, represented by Michael; Beaty .
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Vail Village Inn DRB080203 Rachel
Final review for a minor exterior alteration (stucco repair) •
100 East Meadow Drive/Lot O, Block 5D, Vail Village Filing 1
Applicant: Synthetic Sidings
Meadowlark DR6080205 • Rachel Final review for a minor alteration (windows) _
4852 Meadow Lane/Lot 11, Block 7, Bighorn 5th
Applicant: Meadowlark Development represented by John Martin
Meadowlark DR6080206 Rachel .
Final review for a minor alteration (windows)
4856 Meadow Lane/Lot 12, Block 7, Bighorn 5th
Applicant: Meadowlark Development represented by John Martin
Hobbit Hill DR6080200 Bill
Final review of changes to approved plans (lighting, flashing)
1546 Matterhorn Circle/Hobbit Hill (Unplatted)
Applicant: Studio Spinnato, Inc
Timber Ridge DRB080202 Warren
Final review of a minor exterior alteration (re-paint)
1280 North Frontage Road West/Lot C-1, Lion's Ridge Filing 1
Applicant: Apartment Exteriors Inc Pitkin Creek Park DRB080192 Michael/Warren
Final approval of a minor alteration (re-rooo '
3941 & 4011 Bighorn Road (Buildings 4& 6)/SDD #3, Pitkin Creek Park
Applicant: Pitkin Creek Park Homeowner's Association represented by B& M Roofing Inc
Leeds Residence DR6080187 Bill
Final review of changes to approved plans (lighting)
965 Fairway Lane/Lot 2, Vail Village Filing 10 . Applicant: Bob and Ursula Leeds represented by Berglund Architects 44 Willow Place DRB080201 Michael/Warren
Final review for a minor alteration (repaint) -
44 Willow Place/Lot 9, Block 6, Vail ViNage Filing 1 ,
Applicant: Steven Kirschner
Hill Residence DRB080193 Nicole
Final approval of a minor exterior alteration (entry canopy)
2605 Bald Mountain Road/Lot 12, Block 2, Vail Village Filing 13 . Applicant: James Hill represented by WM Associates (Bill Hein)'
Williams Residence DRB080210 Warren ~
Final approval of a minor exterior alteration (landscaping)
2925 Booth Creek Drive/Lot 2, Block 6, Vail Village Filing 11 Applicant: Kit Wi(liams
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Wilderness Wonders Gallery DR6080188 Michaei/Warren
Final review of a sign 170 E Gore Creek Drive/Lot A, Lodge Apt Condo Subdivision
Applicant: Tony Newlin (tenant)
Dayton Residence DR6080211 Nicole
Final review for a change to approved plans (lighting)
344 Beaver Dam Road/ Lot 10, Block 2, Vail Village Filing 3
Applicant: John and Arlene Dayton represented by K.H. Webb Architects
Kurtz Residence DR6080194 Michael/Warren
Final approval of a minor exterior alteration (A/C condenser)
44 Willow Road, Unit 2/1-ot 9, block 6, Vail Village Filing 1
Applicant: Eagle Eye Home Management
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information. .
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone
for the Hearing Impaired, for information.
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MEMORANDUM
TO: Vail Town Council FROM: Community Development Department
DATE: July 1, 2008
SUBJECT: Update to the Vail Town Council on the current status of the Ever Vail
applications, their review, and the process moving forward.
1. PURPOSE
The redevelopment of the area known as Ever Vail is an intricate project with many applications and steps within the development review process. Staff and the Vail
Resorts Development Company have scheduled a work session with the Vail Town
Council in an effort to communicate the current status of the review process for Ever
Vail, located at 862, 923, 934, 953, and 1031 South Frontage Road West. A
presentation to the Vail Town Council will include the review steps that are completed
and the anticipated future steps in the review of the Ever Vail redevelopment. The
applicant will also provide a power point presentation on where they are with regard to
design for Ever Vail.
- II. BACKGROUND
The sequence of applications and meetings to create a new base village to known as
Ever Vail began with the amendments to the Lionshead Redevelopment Master Plan to
include several new parcels and revise the recommendations for West Lionshead (Ever
Vail).
On December 11, 2006, the Planning and Environmental Commission forwarded a
recommendation of approval of the proposed amendments by a vote of 4-1-0 (Jewitt
opposed). The initial concepts include the addition of a skier gondola in the location of
the old gas station site and the development of mixed use areas, including housing,
retail, and office spaces, to create a new portal to the mountain with all the typical skier
services. Another aspect of the initial concepts includes the possible relocation of the
South Frontage Road.
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On February 6, 2007, the Town Council adopted Resolution 4, Series of 2007,
containing the proposed Lionshead Master Plan amendments to include several
properties comprising Ever Vail and recommendations for those properties. Resolution
4, Series of 2007, was adopted by a vote of 5-1-0 (Foley opposed).
On August 7, 2007, the Town Council held a work session to discuss the Ever Vail
entitlement process. At this meeting a flow chart depicting the various applications and
the order in which they need to be completed was presented and discussed. This is the
last time a formal presentation was provided to the Council regarding the Ever Vail .
project.
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The first application to begin the entitlement process for Ever Vail was a request for a
major subdivision to combine and reconfigure the lots comprising Ever Vail. The first
step in this application was a review of a preliminary plan which will lay the ground work
for the submittal of a final plat at a later date. Review of the preliminary plan occurred
prior to receiving a memorandum of understanding with CDOT regarding the potential
Frontage Road realignment. A review of the final plat wi11 occur subsequent of this
understanding with CDOT as there should be little to no change required on any
approvals granted for the final plat. The final plat, if approved, will not be recorded until
such time as the Frontage Road is relocated and the transfer of right-of-way is
completed upon acceptance of the new Frontage Road by CDOT.
On September 24, 2007, the Planning and Environmental Commission approved the
Preliminary Plan for the platting of Ever Vail by a unanimous vote.
A request for a rezoning of the lots created by the Ever Vail final plat occurred in
conjunction with the request for review of the preliminary plan. The Commission made a
recommendation on the rezoning request; however, as the final plat cannot be recorded
until such time as the Frontage Road right-of-way exchange with CDOT there cannot be
the adoption of an ordinance by Council to effect the rezoning on the lots until the final
plat is recorded, thus creating the lots. _
On October 22, 2007, the Planning and Environmental Commission voted 5-1-0
(Cleveland opposed) to forward a recommendation of approval for the rezoning of the
properties known as Cascade Crossing, the Vail Professional Building, and portion of the
South Frontage Road right-of-way that would become a part of developable lots once
the Fronfiage Road were relocated to parallel the interstate. - 111. NEXT STEPS
At this point in time the next steps are that the Town Council can review the
recommendation from the Planning and Environmental Commission regarding the
rezoning of several parcels comprising the Ever Vail site. I a rezoning were approved
there would need to be conditions placed upon the approval as the rezoning could not
take affect until the Frontage Road were realigned, thus allowing for a final plat to be
approved and recorded creating the lots which are to be rezoned.
Presently there are applications in the Community Development Department for the
review of conditional use permits for a public/private parking structure and new gondola.
These applications have been on hold for some time as the preliminary plan and
rezoning request were heard by the Planning and Environmental Commission. These
will be the first structures to be reviewed within Ever Vail and will include the facility to
house the mountain operations equipment currently located on the Maintenance Yard
and Holy Cross sites.
Subsequent to the applications for the parking structure(s) and ski lift, major exterior
alteration applications will be submitted for the mixed-use structures that will comprise
- the remainder, of the Ever Vail. A flow chart has been attached which depicts the
applications and order in which they will occur to entitle the Ever Vail project .
IV. ACTION REQUESTED OF COUNCIL
There is no action requested of Council at this time
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MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: July 1, 2008
SUBJECT: A request for first reading of Ordinance No. 5, Series of 2008, repealing
and reenacting Ordinance No. 10, Series of 2008, amending and re-
establishing the approved development plan for Area A of SDD No. 4,
pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code,
to allow for the development of a mixed use development, located at 1276
Westhaven Drive; and setting forth details in regard thereto.
(PEC070055)
Applicant: L-O Westaven, Inc., represented by Pylman and
Associates, Inc. Planner: Scot Hunn
1. DESCRIPTION OF THE REQUEST
This SDD major amendment ordinance request includes major amendments to
the Special Development District, as wefl as changes to the approved
development plan for Area A, Cascade Village, specifically to allow for the
construction of a mixed use building on the Cornerstone Site, located at 1276
Westhaven Drive.
Since the Town Council's last work session, the applicant has revised the
proposal in the following ways per the Town Council's direction:
• Eliminated 3,092 sq. ft. of residential floor area;
• Eliminated one fres market dwelling unit;
• Lowered the building to.71 feet in height;
• Included 53% of EHU mitigation on-site; and ,
• Clarified the proposed public benefits.
A more detailed description of the applicant's changes to the proposal is provided
in Section II of this memorandum.
In addition, since the Town Council's last work session with the applicant, Staff
and the applicant have discovered discrepancies within the approving ordinances
for SDD No. 4. These discrepancies concern the accounting or "tracking" of
existing and allowed Gross Residential Floor Area ("GRFA") and dwelling units
for Area A, Cascade Village. Therefore, the applicant's request will include an
amendment to increase the maximum allowable GRFA, and now includes a
request to increase the allowable dwelling units for Area A.
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II. BACKGROUND
The Cornerstone Site is located within Area A, Cascade Village. It is the last
developable, vacant parcel within Area A. The site has had two site specific
development plans approved, one in 1989 and one in 1993. Both previously
approved plans coincided with an approved development plan for the adjacent
Liftside (WaterFord) building, and both approvals contemplated coordinated
development of both sites. Although the Liftside building was eventually
constructed, development of the Cornerstone site never materialized due to
market conditions and the approved development plan has since expired.
On January 28, 2008, the Town of Vail Planning and Environmental Commission
held a public, hearing on a request for a major amendment to Special
Development District No. 4, Vail Cascade Subdivision to allow for the
development of the Cornerstone Site. Specifically, the applicant had proposed to ;
amend certain development standards applicable to Area A, Cascade Village, to '
facilitate the development of 23 free market condomin+um units, four employee
housing units, a new ticket office for lift ticket sales operations by Vail Resorts,
Inc., and underground parking. Also associated with the plans were certain
improvements to Westhaven Drive, including new skier drop off and bus turn-
around areas, sidewalks and associated landscaping. Upon review of the
amendment request and a site specific development plan, the Planning and
Environmental Commission voted 6-0-0 to forward a recommendation of
approval, with conditions, of the request to amend Special Development Districf
No. 4, Vail Cascade, to the Vail Town Council.
On February 19, 2008, the Vail Town Council voted unanimously to.table the first
reading of Ordinance No. 5, Series 2008, an ordinance approving a major
amendment to SDD No. 4, to their regular meeting of March 18, 2008, citing
concerns with the proposed amendments to the Special Development District, as
well as with the proposed development plan and proposed public benefits for the
Cornerstone site. Specifically, the Town Council articulated several issues with
the proposed development plan:
• Deviations for building height (from 71 feet to 91 feet);
• Deviations for GRFA (from 289,145 sq. ft. to 291,639 sq. ft./2,494 sq. ft.
increase);
• Deviations for on-site parking (from 93 spaces to 56 spaces); and
• Public benefits (Improvements to Westhaven Dr., bus stop and skier
drop-of). .
On March 18, 2008, the Vail Town Council voted unanimously to table the first
reading of Ordinance No. 5, Series of 2008, to their regular meeting of April 15,
2008, at the request of the applicant, in order to allow the applicant sufficient time
to adequately address the Town Council's concerns.
On April 15, 2008, following a work session with the applicant, the Vail Town
Council voted unanimously to table the first reading of Ordinance No. 5, Series
2008, to their regular meeting of May 20, 2008, citing continued concerns with
the proposed development plan and proposed public benefits for the Cornerstone
site. Specifically, the Town Council articulated several issues with the proposed
development plan, and provided the following direction to the applicant:
2
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Yf
• Revise the plans to reduce Gross Residential Floor Area (GRFA) of the
building;
• Revise the plans to lower the building height of the west wing of the
proposed building, from 91 feet, to 71 feet, in keeping with previously
approved maximum building heights within Area A;
• Ensure that a minimum of 50% of the required employee housing
mitigation is provided on-site; and • Study the level of proposed public benefits in relation to deviations
requested from certain development standards. \
In response to the Town Council's concerns, the applicant has tabled the review
of Ordinance No. 5, Series of 2008, several times and has studied options to
revise the development plans to address issues related to the building (bulk,
mass and height) and the amount of Gross Residential Floor Area (GRFA) being
proposed. The applicant has addressed each of the above stated concerns and
directives and will present new development plans indicating:
• Revised floor plans which eliminate 3,092 sq. ft. of residential floor area;
• Revised floor plans to eliminate one (1) free market unit, and to re-located
EHUs to reduce overall build height and mass;
• Raising the east wing of the building from 60 feet to 71 feet;
• Provision of 53% of the required employee housing on-site;
• Revising plans for Westhaven Drive, to include a heated bus turn-around,
skier drop-off and new sidewalk connections.
During the course of revising the plans to address the Town Council's concerns,
Staff and the applicant have discovered discrepancies within existing ordinances
approving amendments to SDD No. 4. In error is a table ("Chart 1: Area A
Completed Projects") listing development statistics (GRFA, Commercial Floor
Area, Number of Accommodation and Dwelling Units and Parking) for "completed
Projects" within Area A of Special Development District No. 4.
Staff and the applicant relied on this table and previously enacted ordinance
language to calculate the amount of Gross Residential Floor Area (GRFA) and
dwelling units available for the development of Cornerstone site. As a result,
there is a discrepancy in the previously reported GRFA totals, as well as
the number of dwelling unifs approved for Area A. Therefore any
amendment to SDD No. 4 to allow for completion of any residential project
on the Cornerstone site and the completion of a coordinated development
plan for the Cascade Village will include a request to increase the number
of allowable dwelling units and to si_qnificantly increase the allowable. _
GRFA within Area A.
III. DISCUSSION ITEMS
Item #1: Major Amendments to SDD No. 4 and Public Benefits
c
Town Council Concerns and Applicant Response
During the public hearing on February 19, 2008, the Town Council expressed
concern with the public benefits proposed with the Cornerstone development in
3
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IL
relation to requested deviations to previously established development standards
for building height, parking and GRFA. In response to these concerns, the
applicant will be presenting revised plans demonstrating how the building has
been lowered to 71 feet, effectively eliminating any deviation from previously
approved height standards.
In addition, the applicant has revised the plans to reduce the total (gross) square
footage of the building by 3,092 square feet. Specifically, one free market
dwelling unit has been eliminated and other spaces within the building have been
reduced to address the Council's directive that the proposed residential floor area
remained within the previously established maximum of 289,145 square feet.
However, for reasons presented in greater detail below in this memorandum -
reasons completely out of the control of the applicant - the applicant will be
requesting deviations from previously established GRFA and dwelling unit
allowances within Area A in order to complete the development of the
Cornerstone site: _
Lastly, the applicant is proposing to construct four (4) Employee Housing Units
(EHUs) on-site. Although Staff believes the newly adopted housing regulations
requiring that'/z the required employee housing mitigation on-site do not apply to
the Cornerstone project - because the application was "in process" prior to
adoption of Ordinance No. 1, Series of 2008 - the applicant is proposing to
effectively provide at least 50% of the required employee housing mitigation on-
site.
Deviations
The remaining "deviations" or amendments requested include an increase in
ailowable GRFA, allowable number of dwelling units and a proposal to reduce
parking requirements on-site due to the elimination of essentially all commercial
uses on the Cornerstone Sife.
The applicant will be presenting a summary of proposed public benefits and their
estimated value. Staff recommends the Town Council review the total amount of
deviations requested with consideration given to GRFA and dwelling unit
accounting discrepancies detailed below in this memorandum. Also, Staff
believes the requested deviations should be reviewed in context to recent
approvals of other residential developments within Area A(conversions from
commercial to residential uses) which "used" GRFA that was originally
contemplated to be utilized for development of the Cornerstone Site.
' Staff believes the current development plans for the Cornerstone Site are quite
simi{ar to the site coverage (building footprint), bulk, mass and height approved
via the 1993 development plan for the site. For use in analyzing the
appropriateness of the current proposal, the applicant has provided reduced
copies of plan sheets comparing the 1993 approval to the current proposal. As
well, staff has completed the following analysis of the site, comparing current
development plans to those approved in 1993:
4
,
Development Standard 1993 Approval Current Plans
Building Height: 71 feet 71 feet
GRFA: 28,110sq. ft. 48,407 sq. ft.
Commercial: 11,100 sq. ft. 623 sq. ft.
Density:
DU's 32'` 22
AU's. 0 0
EHU's 3 4
Parking: 93** 56
Note:
* The development plan approved for the Cornerstone Site in 1993 included 64 Transient
Dwelling Units (TDUs); pursuant to the terms defined within Special Development District
No. 4, Transient Dwelling Units are to be counted as'/2 of a dwelling unit.
The development plan approved for the Cornerstone Site in 1993 included 56 spaces for
residential uses and an additional 37 spaces for use by the public for 11,100 sq. ft. of
• commercial uses approved on-site; the current proposal meets the requirements for on-
site parking for residential and commercial uses.
Public Benefits: Skier Drop-Off/Snow Storaqe/Bus Turn-Around
The applicant and the Town of Vail Engineering and Public Works Staff have met
several times to review these issues and discuss potential solutions. The
applicant then developed a plan for the Westhaven Drive area that incorporated
all of the Town Staff suggestions. Staff believes the plans presented adequately
address the snow storage and skier drop off concerns previously identified. The
plans (Attachment B) provides a snowmelt system for a large portion of the cul-
de-sac area, creates additional functional snow storage/landscape areas that are
designed to be fully accessible by snow removal equipment, delineate bus lanes
and skier drop-off areas and present a much improved design and landscape
improvement to this area. The plan also includes the Westhaven Drive left turn
lane and a sidewalk along the west side of Westhaven Drive to the Frontage
Road intersection as requested by fhe Town Staff. This plan was designed in
conjunction with Town staff and has the support of the Public Works
Department.
Additional public benefits above and beyond the Westhaven Drive improvements
include:
• A commitment for an expenditure of $50,000 towards public art. This
public art commitment will meet the Town of Vail standards adopted for
Art in Public Places; and
0 Significant improvements to the public skier experience inclusive of a
skier dedicated elevator that creates full accessibility to this chairlift, a
covered skier access staircase, new lift ticket windows and offices, new
public bathrooms and a snow melted plaza with a firepit area. This plaza
area is the most likely location for the public art component mentioned
above; and
5
• A fully functional loading zone that will be shared with neighboring
properties, potentially eliminating the on street loading.that often occurs at
the conference center location.
Staff believes the applicant has presented revised plans which specifically
address the Town Council's stated concerns and are substantially similar
to those approved in 1993 - in terms of building footprint, bulk, mass and
building height. The analysis provided above highlights the differences
between the 1993 approval and the current proposal, specifically changes to
proposed commercial floor area, residential floor area and the corresponding
changes to the on-site parking requirement. Despite the discrepancies
discovered in reporting or "tracking" GRFA and allowable dwelling units within
Area A which were created at no fault of the applicant, Staff believes the current
proposal and associated public benefits are appropriate for the site, the
surrounding area and adjacent properties, and will bring a proportionate level of
public benefit for the surrounding neighborhood in. relation to overal9 deviations
requested. '
Item #2: History of SDD No. 4 and Chart 1 Reporting Discrepancies
During the course of revising the plans to address the Town Council's concerns,
Staff and the applicant have discovered discrepancies within existing ordinances
approving amendments to SDD No. 4. In error is a table ("Chart 1: Area A
Completed Projects") listing development statistics (GRFA, Commercial Floor
Area, Number of Accommodation and Dwelling Units and Parking) for "completed
Projects" within Area A of Special Development District No. 4. 'Therefore, Staff
has provided a brief history of the. SDD, Area A and certain amendments that
have changed uses, densities and other development standards over time within
the District. .
SDD No. 4 HistorY
Special Development District No. 4 was established.via Ordinance No. 5, Series
of 1976. Pcior to the establishment of the District, the property was zoned "PUD"
within Eagle County. Therefore, no underlying (traditional) zoning existed for the
property. The purpose of Special Development District No. 4, Cascade Village,
as stated in the enacting ordinance (Ordinance No. 5, 1976) is as folfows:
"Special Development District 4 is established to ensure comprehensive
development and use of an area in a manner that will be harmonious with
the genera/ character of the Town, provide adequate open space and
recreational amenities, and promote the objectives of the Zoning
Ordinance; Special Development District 4 is created to ensure that the
development density will be relafively low and suitable for the area
and vicinity in which it is situated, the development is regarded as
complementary to the Town by the Town Council and the Planning
Commission, and there are significant aspects of the special '
development which cannot be satisfied through the imposition of standard ,
zoning districts on the area.."
6
Further, Ordinance No. 5, Series of 1976, states the following regarding build-out
of the development:
"Before the owner commences site preparation, building construction or
other improvements within SDD 4, there shall be an Approved
Development Plan for SDD 4. Development of SDD 4 may be phased by
Development Area and within Development Area but a sufficient amount
of informafion shall be supplied with respect to all Development Areas in
order to allow the P/anning Commission and Town Council to ensure the
compatibility of any proposed Development Plan with the remainder of
SDD 4."
Four development areas (A, B, C and D) were originally established within the
District, and each area allowed for certain "Permitted" and "Conditional" uses,
similar to conventional zoning. Today, five development areas exist.
Area A Historv
Area A was originaf(y established under single ownership, and included 16.82
acres. Today, Area A includes 17.955 acres. According to Ordinance No. 5,
1976, no GRFA limits were originally established within Area A, however the area
was limited to 252 total dwelling units. Staff's understanding of the developer's
intent for Area A was to comprehensively develop multiple parcels in phases, to
create a"third village" or urban development node, consisting of a mix of
commercial, institutional/educational, residential and recreational uses.
Following the establishment of the SDD, the original developer declared
bankruptcy and subsequently sold off development parcels within Area A, thus
complicating the coordinated and phased build-out of this portion of the District.
Since being established in 1976, SDD No. 4 has been amended no less than 22
times, with 12 amendments directly affecting Area A. The amount of Gross
Residential Floor Area (GRFA), total number of dwelling units, commercial floor
area and uses within Area A have been amended over time to reflect changes in
ownership of different development parcels within the development district, as
well as changes in market forces. Those market forces have directly affected the
demand for commercial uses within the District, therefore influencing the amount
of residential floor area proposed, approved and ultimately developed within Area
A. The following summary of major amendments approved for Area A further
demonstrate the evolution of the SDD and the corresponding difficulty in tracking
amendments to specific development standards over a 32 year period:
Table A: Ma'or Amendments to Area A, Cascade Villa e
~
~ :5. ~ s • ~ ~ ~
20 1984 . Increased the size (acreage) of Area A and SDD No. 4;
• Increased the allowable number of dwelling units in Area A'
from 252 to 287 (minimum of 308 accommodation units and a
maximum of 134 dwelling units);
e Set GRFA in Area A at 291,121 sq. ft.;
• Added 37,000 sq. ft. of commercia/ uses in Area A;
• Increased Area A hei ht limit from 45 feet to 48 feet for
7
Cornerstone Site and 71 feet for the hotel, Cascade Club and
CMC;
• Set parking requirements and standards for Area A; and
• Established contract agreement between developer and
Town for an annua/ evaluation of employee housing
miti ation. 40 1988. • Added a definitions section, including definitions for "Transient
Residential Dwelling Unit";
_ • Clarified "permitted uses" for Area A, adding "transient
residential dwelling unit and "employee dwelling" as permitted
uses;
• Added "Fractional Fee" ownership as a conditional use within
Area A;
• Decreased. the number of dwelling units in Area A from
287 to 283.5 (minimum of 338 accommodation/transient
dwelling units and a maximum of 99 dwelling units);
• /ncreased the approved GRFA in Area A to 292,245 sq. ft.
based on deve/opment of Millrace IV Scenario 2;
• /ncreased the amount of commercial f/oor area within
Area A from 37,000 sq. ft. to 56,538 sq. ft.; ,
• Established the allowance for two development plans each for
the Liftside (Waterford) and Cornerstone sites;
• Set building height limits for Liftside (Waterford) Site at 48
feet and 71 feet for the Cornerstone Site.
• Allocated parking for Cornerstone, Liftside (Watertord),
Millrace IV and the Cascade Club. Wellness Center Addition
within the Cascade parking structure (421 spaces) or proposed
Liftside (Waterford) parking structure (122 spaces);
• Established on-site emp/oyee housing mitigation within
Areas A and D as a condition of approval of the ordinance,
to be provided within the Westhaven Condominium
building and Area D; and "
• Clarified that employee housing units would not count
toward allowable GRFA and dwelling units (density) for
SDD No. 4.
41 1991 • Reduced the number of allowable dwelling units within
Area A from 99. to 97; .
• Reduced the.allowab/e GRFA within Area A to 288,695 sq.
ft., (while still allowing for a maximum of 292,245 if Millrace IV Scenario 2 was completed); and
• Clarified parking standards for Millrace IV Scenario 1.
1 1993 . Set forth amendments concerning the Liftside (Waterford) and
Cornerstone sites;
• Established the allowance for one development plan each for
the Liftside (Watertord) and Cornerstone sites;
• Decreased fhe number of dwelling units in Area A from
283.5 to 270 (minimum of 352 accommodation/transient
dwelling units and a maximum of 94 dwelling units);
, • Decreased the amount of commercia/ f/oor area within
Area A from 56,538 sq. ft. to 35,698 sq. ft.;
• Re-established the maximum building height for the
Cornerstone Site at 71 feet
• Increased allowable maximum height for the Liftside
, 8
(Waterford) site at 65 feet,
• Set forth a provision for site specific site coverage
determination in Areas A and B;
• Set minimum on-site parking requrrements for the Liffside
(Waterford) site (58 spaces) and the Cornerstone site (93);
• Set forth requirements for the provision of 2 employee housing
units at the Liftside (Waterford) site and 3 emp/oyee housing
units at the Cornerstone Site; and
• Set forth_ additional conditions and restrictions for employee
housing within Area A.
7 1993 ./ncreased the allowable GRFA within Area A from 288,695
sq. ft., to 289.145 sq. ft.
8 1995 . Set forth specific conditions of approval pertinent to
development of the Westhaven ("Ruins") site.
1 1999 • Added "Transportation Businesses" and "Temporary Use of
Tennis Facility" as conditional uses.
11 1999 . Established new development plan for the Westhaven site;
and
• Increased the on-site EHU requirement for Area A to 26 -
with 21 units to be provided on the Westhaven Condominium
site, 2 provided at the Liftside (Waterford) site and 3 provided
at the Cornerstone site. 12 2005 , . Re-established development plan for the Westhaverr site;
• Established new setback requirements for the Westhaven site;
• Increased the Recreation Amenities Tax to .50 cents per
square foot; and
• Re/eased deve/opers of Area A(Westhaven site) from .
providing employee housing on-site.
33 2005 . Established development plan approval for Cascade
Residences in the former CMC building; and
• NO other substantive changes shown in Ordinance (ie. no
increase to GRFA or Dwelling Units to allow for Cascade
Residences.
. 31 2007 . Increased allowable dwelling units to accommodate increase
at Cascade Residences from 11 DUs to 14 DUs;
10 2008 . Allowed for minor additions of commercial floor area within the
Cascade Hotel
Previously Approved Cornerstone Development Plans
Staff believes the current proposal is in keeping with the original development
objectives of the District. Specifically, the Cornerstone site has historically been
contemplated for commercial and multi-family residential development within
what was to be a phased development of Area A. '
9
Amendments to SDD No. 4 have allowed for separate, phased development
plans to be approved for various parceis within Area A. For example, although
the Liftside (Waterford) site was originally contemplated to provide parking for the
Cornerstone site, changes in parcel ownership, amendments to the SDD and
changes in market conditions allowed for residential development at the Liftside
site independent of Cornerstone. In 1993, a development plan and major '
amendment to the SDD, inclusive of both the Liftside and Cornerstone sites, was
approved via Ordinance No. 1, Series of 1993. Development of the Liftside
Condominiums was completed in 1994, however the Cornerstone site - which
included approval for 11,100 square feet of commercial floor area as well as 64
"transient residential units" - was never developed for multiple reasons. Although
this plan is now expired, the 1993 development plan for the Cornerstone site
included:
0 41,010 total (gross) square feet of building area;
0 28,110 square feet of GRFA / 64 Transient Residential Units;
o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; .
0 11,100 square feet of retail/commercial space;
0 56 on-site parking spaces for residential uses;
0 37 on-site "public" parking spaces for retail commercial uses; and
0 71 foot building height
GRFA and Dwellinq Unit Reportinq Discrepancv
During the course of revising the plans to address the Town Council's concerns,
, Staff and the applicant have discovered discrepancies within existing ordinances
to enact certain amendments to SDD No. 4. In error is "Chart 1: Area A
Completed Projects", a table listing development statistics (GRFA, Commercial
Floor Area, Number of Units and Parking) for "completed Projects" within Area A
of Special Development District No. 4. Staff and the applicant relied on Chart 1
to calculate the amount of Gross Residential Floor Area (GRFA) avai{ab4e for the
development of Cornerstone Site. As a result, the previously reported GRFA
totals for Area A are in error. Although Staff believes this error first occurred in or
about 1993, with the approval of the Liftside and Cornerstone Site development
plan, Staff calculates that with recently approved and/or completed projects such
as Cascade Residences (approved) and Westhaven Condominiums (completed),
the GRFA within Area A exceeds the approved maximum of 289,145 square
feet by approximately 18,961sq. ft.
SDD No. 4 also specifies the total number of dwelling units approved for each
development area. Currently, the SDD allows for up fo 101 dwelling units within
Area A. There are 95 dwelling units completed, and 14 more approved for the
Cascade Residences, for a total of 109 dwelling units approved. Therefore, the
number of dwelling units currently approved within Area A exceeds the
approved maximum of 101 by 8 units.
Chart 1: Area A Completed Proiects .
Chart 1 first appeared in the enacting ordinances for Special Development
District No. 4 in 1984. The apparent purpose of this chart was to track land uses
and development statistics associated with individual sites and individual projects
in order to monitor build out of the District. The original chart listed "completed"
and "proposed" projects. This format was used for approximately 10 years. In or
about the mid 1990's, the chart was changed to just list completed projects. '
10
More recently however, as discovered by Staff and the applicant, Chart 1 does
not list, or account for, recent approvals granted for the Westhaven
Condominiums (completed) and Cascade Residences (approved but not built).
The Westhaven Condominiums project was approved via Ordinance No. 12,
Series of 2005. This project was completed in 2007 and consists of ' 13
residential dwelling units totaling approximately 32,000 square feet. Cascade
Residences, was approved via Ordinance No. 33, Series of 2005. This project
consists of the conversion of approximatsly 29,319 square feet of existing
commercial and institutional floor area associated with the Colorado Mountain
College ("CMC") and Cascade Theater into.11 residential dwelling units. A
subsequent amendment to the development plans for Cascade Residences to
create 3 additional dweNing units (and no additional GRFA) was approved via
Ordinance No. 31, Series of 2007. No revisions to Chart 1 were ever made
during these approval processes to update or "track" the remaining the number of
dwelling units or GRFA available for use within Area A.
Completed Proiects
Area A is currently approved for 289,145 square feet of GRFA. With the addition of approximately 32,000 square feet of GRFA within the Westhaven
Condominiums project, Area A total GRFA for "completed projects" should have been reported within Chart 1 to be 277,172 square feet, leaving 11,973 square
feet of floor area for subsequent projects to "use". Subsequently, an amendment
to SDD No. 4 to allow for the construction of Cascade Residences was approved
with approximately 31,058 square feet of GFRA in 2006. Again, Chart 1 was not
updated to reflect the approved change to the total GRFA of "completed projects"
within Area A. The following table summarizes the allocation and use of GRFA
for all "completed" projects within Area A since 1976:
Table B: GRFA Allocation within Area A, Cascade Villa e
Millrace Condominiums 39 47,984. 47,984
Phases l, 11 and !V
Cascade Hotel (formerly 148 55,457 103,441
Westin Hotel
The Cascades (formerry 6 11,987. 115,428
Millrace Phase /ll
Hotel Terrace wing 120 58,069 173,497
Hote/ Plaza Wing Phase I 20 7,205 180,702
CMC- "Cascade wing" g 15,870' 196,572
Liftside Condominiums 29 48,600 245,172 '
aterford
Westhaven Condominiums 13 32,000 277,172
Cascade Residences 14* 30,934 308,106
former/ CMC Buildin
Total Units: 131 288"`*
TotaIGRFA 308,106
Allocated/Used: 308,106
Note:
' Cascade Residences was approved in 2005. The development plan was amended in
2007 to increase the number of dwelling units to 14. This project has not started
11
construction.
Pursuant to SDD No. 4, Accommodation Units (AUs) are assessed at 1/2 the density of a
dwelling unit; 288 total AU's counts as 144 units for purposes of density calculations within
SDD No. 4.
Impact of GRFA and Dwellinq Unit Reporting Discrepancies Staff and the, applicant relied on the accuracy of previously approved and
recarded ordinances in examining the compliance of the Cornerstone
development plan with the Special Development District, the established "zoning"
for the property. These oversights are significant for two reasons.
First, the tracking of development statistics within a special development district
is critical to the approval and amendment process - to ensure that amendments
are consistent with the original intent of the special development district. In the
case of Area A, Staff believes recently approved amendments to SDD No. 4 to
allow for residential developments such as Westhaven Condominiums and
Cascade Residences within Area A, although apparently approved irrespective of
allowable GRFA and dwelling units, have been approved and/or completed in a
manner that generally comply with the original intent of the District.
In addition, such oversights have placed additional burden on the applicant in this
case, to justify plans for a building site that was previously contemplated and
approved as a key component of the overall development plan for the Cascade
Village.
As a result of such discrepancies, the applicant is requesting the following major
amendments to the SDD:
1) Increase the allowable GRFA within Area A from 289,145 sq. ft. to
356,860 sq, ft., a total increase of 67,715 sq. ft.; and
- 2) Increase the allowable dwelling units within Area A from 101 to
131 dwelling units, a total increase of 30 dwellinq units.
The increase in GRFA and dwelling units requested accounts for the 18,961 sq.
ft., 8 dwellinq unit dericit resulting from previously approved anaendments
for the Cascade Residences project. ,
GRFA Calculations
Since 1976 when SDD No. 4 was established, -the Town's methodology for
calculating Gross Residential Floor Area (GRFA) has changed several times. ln
fact, the Town's GRFA regulations (limiting the amount of GRFA as a means to
control bulk and mass of buildings) has become less stringent; or more lenient in
terms of allowing owners of residential units to "capture" existing, un-used .
volumes within a building's footprint by converting spaces and, in certain cases,
completing one-time, minor additions adding no more than 250 square feet ("250
additions"). Numerous "250" additions and interior conversions have been
approved and completed within the various residential projects of Area A.
Staff points this out for use in examining both the intent of limiting GRFA within
Area A over time and the result of completed projects relative to what is being
proposed on the Cornerstone site today.
12
IV. CRITERIA FOR REVIEW
The criteria outlined in Section VIII of the Staff's January 28, 2008, memorandum
to the Planning and Environmental Gommission 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 the proposed
development plan complies with each of the criteria listed within Section VIII of
the Staff's January 28, 2008, memorandum (Attachment B), or demonstrate that
one or more of them is not applicable, or that a practical solution consistent with
the public interest has been achieved.
Conformance with Purpose and Intent of Special Development District
Staff believes the proposed amendments to Special Development District No. 4
to allow for the development of the Cornerstone site, as presented, meets the
intent and stated purpose of Special Development District No. 4. Specifically,
Staff believes the amendments proposed and site specific development plan
conform to the following purposes of the District:
1) The development is harmonious :with the general character of the
Town;
2) The development provides adequate open space and recreational
amenities;
3) The development promotes the objectives of the Zoning
Ordinance;
4) The development density will be relatively low and suitable for the
area and vicinity in which it is situated;
5) The development is regarded as complementary to the Town by .
the Town Council and the Planning Commission; and
6) There are significant aspects of the special development which
cannot be satisfied through the imposition of standard zoning
districts on the area.
Conformance with Review Criteria and Findings
In addition to the review of design criteria and recommendation of findings
outlined in the Staff's memorandum to the Planning Commission dated January
28, ,2008, Staff presents the following analysis of design criteria related to the
current proposal which includes substantive changes to the plans since the
Planning and Environmental Commission's review on January 28, 2008.
Chapter 9- Special and Miscellaneous Districts
12-9A-8: DES/GN CRITER/A:
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:
13
1. 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.
Overall Compatibilitv
The Applicant is proposing a major amendment to the special development
district which Staff believes will have positive overall impacts on the
appearance and functionality of the area. Specifically, the Cornerstone site
is the last development site within Area A, and therefore presents
opportunities to complete the overall development plan for Cascade Village
and provide needed amenities to the larger community
Design of the site and proposed buildings reinforces the connectivity of the
Cornerstone site to the rest of the Cascade Village. As well, the design
~ generally, enhances the architecture, scale, bulk and visual character of the
surrounding neighborhood by incorporating massing, building materials,
roof forms and compositions that relate to the surrounding built
environment. The applicant has worked with the Town of Vail Public Works
, Department to revise the plans in a manner that clarify on-site and off-site
improvements, including but not limited to:
• Westhaven Drive turn lanes;
• Adequate bus stop queuing areas;
• Landscaped and irrigated medians;
• Six foot wide sidewalk connections from the proposed skier portal to
the South Frontage Road on both sides of Westhaven Drive
. Bus turn around and bus stop_ meeting Town of Vail and ECO
standards;
• Skier drop-off; and
• Adequate snow storage areas as approved by the Town of Vail
Public Works Department. Bulk and Mass
Staff believes the proposed improvements are compatible to the immediate
environment. The applicant has revised the plans to reduce the building
height per the direction of the Vail Town Council. As a result, the mass of
both the west and east wings of the building are now more compatible with
bulk and mass of adjacent structures and the surrounding area. The
revised plans now resemble plans approved in 1993 - where the entire
building was 71 feet in height. The proposal continues to present roof
forms consistent with surrounding structures and Staff believes the
proposed application of exterior materials is appropriate and complimentary
to the area. Specifically, the introduction of substantial amounts of stone
veneer at key locations (foundation level), the introduction of secondary
roof structures, the revisions to the placement and size of certain balconies
and window openings, and the continued use of stucco as a predominant
"Cascade Village" material aid in "stepping down" the mass of the building
from the pedestrian level.
14
Buildinq Heiqht ,
During the public hearing on February 19, 2008, the Town Council
expressed concern with the proposed height of the Cornerstone Building
relative to surrounding structures in Cascade Village. At the public hearing
on April 15, 2008, the Town Council directed the applicant to lower the
proposed building height to a maximum height of 71 feet. In response to
this concern, the applicant revised the plans to reduce the building height to
a maximum of 71 feet. Staff believes the revised building heights for both
the west and east wings of the building are compatible and sensitive to the
immediate environment.
Character
As stated above, Staff believes the proposed improvements will result in a
positive, or beneficial, impact to the surrounding area. The manner in which
the applicant proposes to integrate the building's mass, roof compositions
and forms, fenestration and exterior building materials enhances or
reinforces the Cascade Village architectural style and character. Other
improvements to enhance the skier drop-off, skier passage way and
pedestrian plaza areas will provide a much needed upgrade to the
pedestrian experience of this portal to Vail Mountain.
Staff believes the revised proposal, specifically the request to amend the
SDD to include additional GRFA and dwelling units, facilitates infll
residential development within Cascade Village, completes the
development of Area A and is appropriate for the site and consistent with
the original intent of the Special Development District.
2. Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Staff believes the proposed uses, activities and density continue to provide
a compatible, efficient and workable relationship with surrounding uses and
activity. Specifically, the proposed uses are primarily residential (mulit-
family and employee housing), with limited first floor commercial (skier
services). Such 'uses by right' are similar to surrounding multi-family, lodge
and commercial uses. The design of the project respects surrounding
structures, uses and activities by providing generally compatible building
massing, roof forms and composition, . architecture and by providing
enhanced skier drop-off improvements and pedestrian plaza serving the
overall neighborhood. As well, the project's design is respectful of
surrounding uses and activities by not adversely impacting existing loading
, and delivery (service) areas or shifting any parking burden onto the overall
development. Chanqes in Commercial Use
Commercial development within Area A, Cascade Village, and the
completion of SDD No. 4 as a"third village" within the Town has never
materialized to the extent envisioned by the original developers due, in part,
to market conditions and perhaps the lack of residential density ("critical
mass") developed in the District to support the amount of commercial
development anticipated. As summarized in Table B(page 11 above) of
this memorandum, Area A was approved for up to 56,538 square feet of
15
commercial floor area in the late 1980's and early 1990's. The Cornerstone
site was approved for up to 11,100 square feet of commercial floor area as
part of a 1993 development plan approval.
Due to market conditions, commercial uses within Cascade Village have
either never been developed, or are now being converted into residential
uses and floor area. Therefore, the current plans for the Cornerstone site
do not include commercial floor area, with the exception of a new 623 square foot ticket office for the sale of lift tickets. Staff believes this
evolution of residential and commercial development within the District is
critical to one's understanding of the relevance of recently approved
conversions from commercial uses to residential uses within Area A, as well ,
as the market conditions which support additional residential development
and additional GRFA within Area A.
Transient Residential Dwellinq Units
The previously approved development. plan for the Cornerstone Site
anticipated roughly 28,110 square feet of GRFA, to be provided within 64
"Transient Residential° dwelling units. Transient Residential dwelling units,
as defined by SDD No. 4, as follows:
"Transient residential dwelling units or restricted dwelling unit sha/l
be defined as a dwelling unit located in a multi-family dwelling
that is managed as short term rental in which all such units
are operated under a sing/e management providing the -
occupants thereof customary hotel services and facilities. A short
term rental sha/l be deemed to be a rental for a period of time not
to exceed 31 days. Each unit shall not exceed 645 square feet of
GRFA which sha/l include a kitchen having a maximum of 35
square feet. The kitchen shall be designed sot that it may be loced
and separated from the rest of the unit in a closef. A transient
dwe311ing unit shall be accessible from common corridors, wa/ks,
or balconies without passing through another accommodation unit,
dwe/ling unit, or a transient residential dwelling unit. Shou/d such
units be developed as condominiums, they sha/l be restricted as 'set
forth in Section 13-7 Condominiums and Condominium •
Conversions, Subdivision Regulations. The unit shafl not be used
as a permanent residence. Fractional fee ownership sha/l not be
allowed to be applied to transient dwe/ling units. For the purposes
of determining allowable density per acre, transient residential
- dwelling units. shall be counted as one half of a dwelling unit. The
transient residential dwelling unit parking requrrement shall be 0.4
space per unit p/us 0.1 space per each 100 square feet of GRFA
with a maximum of 1.0 space per unit. "
Transient dwelling units, were proposed to provide a short term rental use,
similar to lodging accommodations. Staff believes the intent of providing
such units was to further the original goals for Cascade Village in providing
short term lodging (rental) beds and, therefore, to bolster the commercial
vitality of the Cascade Village as a mixed-use destination and to achieve
several of the Town's.stated master plan goals concerning lodging, tourism
and "live beds". Staff . further believes the current proposal for the
16
Cornerstone site meets the original intent to provide residential dwelling
units on this site and that the potential exists for units within Cornerstone to
be placed within a professionally managed vacation rental program, similar
to those administered for multiple units in the Liftside Condominiums.
Live Beds and Rental Proqrams
Because the nature of the overall development plan for Area A has
changed over time to respond to market conditions (ie. a reduction in the
amount of commercial uses), Staff further believes the Cornerstone project
should be viewed in context to current conditions and opportunities to
create additional tive beds within Cascade Village and, therefore, to achieve
the development goals of the Town. Specifically, Staff believes that a
certain percentage of whole ownership units within the Cornerstone building
- perhaps up to 40% based on trends apparent at the Liftside
Condominiums and other multi-family developments in Area A- should be
expected to be placed within a professionally managed rental program,
based on information provided by Mr. Don MacLachlan, Vail Cascade
Condominiums. This form of ownership and rental product is widely used
throughout the resort region as a means to support continued real estate
development and redevelopment, and, importantly, to provide "live beds"
within resort areas.
Development Densitv
In 1976, upon establishment of SDD No. 4, the total dwelling units assigned
or approved for Area A equaled 252 units.
The intent of the development district is to:
"...to ensure that the development density will be relatively low
and suitab/e for the area and vicinity in which it is situated, the
development is regarded as comp/ementary to the Town by the
Town Council and the P/anning Commission..." In 1993, at a time when the Cornerstone site was approved for
development of 64 Transient Dwelling Units (TDUs) and three Employee
Housing Units (EHUs), the enacting ordinance required a minimum of 352
accommodation or transient dwelling units within Area A, with a maximum
of 94 dwelling units. Today; the SDD calls for a minimum of three hundred
fifty-finro (352) accommodation or transient dwelling units and a maximum of
one hundred one (101) dwelling units for a total density of two hundred
seventy (270) dwelling units within Area A.
The average (approved) density within Special Development District No. 4
is approximately 4.3 units per acre. Within Area A, there are approximately
253 units approved within 17.955 acres with a corresponding density of
14.1 units per acre.
With the proposed addition of the Cornerstone Building, the density within
Area A witl increase 0.08%, for a total of 15.2 units per acre.
17
Current Conditions
The Cascade Hotel, containing 288 lodging unifs, operated at
approximately 61.9 % occupancy in 2006 as reported by the applicant. The
hotel only sold out (defined as 98% occupancy) 29 out of 365 days during
2006. The Liftside Condominiums Site, originally slated for development of
parking to serve the Cornerstone Site, was developed into.27 free market
condominiums and 2 employee housing units in 1994. Staff estimates that
approximately 37%, or 10 out of 27 units within Liftside Condominiums are
currently within a professionally managed rental pool.
Commercial uses within Area A have largely been eliminated with the
exception of limited restaurant space and some office spaces. Commercial,
institutional arid a majority of office space within the Cascade Residences
project (the "CMC Building") are slated to be rep(aced by approved dwelling
units (yet to be completed) to serve the free market. Previously
contemplated employee housing uses within the Westhaven Site have been
replaced with the development of -13 free market condominiums.
;
Staff believes approval of the revised proposal, specifically the request to
amend the SDD to include additiona! GRFA and dwelling units, will facilitate
infill residential development within Cascade Village and will complete the
development of Area A. The proposal is appropriate for the site and
consistent with the original. intent of the Special Development District.
Further, Staff believes the proposed uses,. activity and density provide a
compatible, efficient and workable relationship with surrounding uses and
activity.
3. Compliance with parking and loading requirements as outtined in
Chapter 12-10 of the Vail Town Code. .
Parkinq
During the public hearing on February 19, 2008, the Town Council
expressed concern with the proposed on-site parking. During their regular
meeting of April 15, 2008, the Council discussed the matter further citing
concern regarding the number of vehicles that currently park on the
Frontage Road, despite the fact that paid parking exists within the Cascade
Resort parking structure. Also, there was concern regarding the proposal
to enhance the skier drop-off and portal to the Cascade Village chairlift and
the potential to increase the number of skiers using this drop-off point, thus
exasperating the current parking situation and traffic congestion.
Staff believes the applicant has submitted a development plan that
responds first to the needs of the residential development by Rroviding all ' required parking spaces on-site, as set forth in the parking requirements for
SDD No. 4, and in accordance with Chapter 12-10, Vail Town Code. In
addition, Staff believes the previous requirements for short term
"public" parking on the Cornerstone Site re/ated directly to 11,100
square feet of commercial space approved with. the previous
development plans for the Cornerstone site and are no Ionger applicable
or appropriate. 18
' .1
Because the current plans call for only 623 square feet of commercial
space for lift ticket office uses, Staff believes that additional parking for
public uses should no longer be required for the Cornerstone Site.
Therefore, the applicant is requesting a deviation or amendment to SDD
No. 4, to reduce the total number of spaces required on the Cornerstone
Site from 93 to 56.
Staff is of the understanding from speaking with the property manager of
the Cascade Resort parking structure (a privately owned and operated
structure), that on days when vehicles are parked on the Frontage Road
(day skiers), there are typically numerous empty parking spaces available
within the structure. After speaking with the management company
representative; Staff speculates that those individuals choosing to park on
the Frontage Road do so, either out of choice ("free parking") in close
proximity to a bus stop, or that those same people are unaware that paid
parking is available at the nearby structure. On June 2, 2007, the Town
Council approved parking on the Frontage Road during temporary use of
the tennis facility for conferences.
Although the owner of the parking structure is under no obligation work with
the Town to ensure that parking spaces are filled prior to sending visitors
elsewhere to park, Staff has suggested to the management company that
additional signage may be warranted near the intersection of Westhaven
Drive and the Frontage Road in order to direct visitors (day skiers) to the
parking structure. Such signage could become part of the proposed
improvements to Westhaven Drive, as proposed by the applicant as a
public benefit. Staff believes there may be opportunities to involve the
private owner of this parking structure in the overall parking management
plan for the Town, to further mitigate the impacts of parking on the Frontage
Roads in the future.
The provisions of SDD No. 4 state the following with specific reference to
Area A and the Cornerstone Site:
1. "Off-street parking shall be provided in accordance with Chapter
12-10, except thaf 75% of the required parking in Area A shall be
located within a parking structure or buildings with the exception of
Millrace /V, Scenario l, where 66.6% and the Westhaven '
Condominiums, where 71 % of required parking shall be enc/osed
in a building.
. 4. There shall be a minimum of 93 enclosed parking spaces located
within the Cornerstone building with 37 of the required spaces
available to the public for short term parking. No mixed use credit
has been applied to this lot. " Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units" (TRs),
free market units (GRFA) and retail/commercial square footage approved
for the site. Specifically,.sixty, four (64) TRs were approved for the site with
a 0.4 space to unit ratio, for a total of finrenty six (26) spaces required;
28,110 square feet of GRFA with a 0.1 space per 100 sq. ft. ratio
19
accounted for 28 additional spaces dedicated for the residential
component. Additionally, 37 spaces were required at a ratio of 1 space per
300 sq. ft. of commercial space. The total requirement in •the 1993
development plan was 93 spaces.
The current proposal contains no Transient Residential/accommodation
units and 623 sq. ft. of commercial floor area. In addition, the twenty finro
(22) free market residential dwelling units (not including EHUs) proposed
will generate significantly less on-site parking demand than the 64
Transient Residential units previously approved for the site.
Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal
requires 56 spaces. 56 spaces are proposed within two levels of structured
parking. Therefore, Staff believes the proposal complies with parking and
loading requirements as outlined in Chapter 12-10 of the Vail Town Code.
4. Conformity with the applicable elements of the Vail Comprehensive
Plan, Town policies and Urban Design Ptan.
Emplovee Housing Provision
Ordinance No. 33, Series of 2005, addresses employee housing in the
following manner:
"The development of SDD No. 4 will have impacts on available
employee housing within the Upper Eagle Valley area. In order to
help meet.this additional employee housing need, the developer(s)
of Areas A and D shall provide employee housing."
Further, that:
"The deve/oper(s) of Area A shall build a minimum of 3 employee
housing dwelling units within the Cornerstone Building and 2 within
the Liftside (Waterford Building). Each . employee unit in the -
Comerstone Building shall have a minimum sguare footage of 600 °
' square feet. "
The Cornerstone site is subject to the Town' Employee Housing
regulations, specifically Ordinances 7& 8, Series of 2007. These
ordinances have enacted regulations for the provision of employee housing
units through several possible mitigation methods for all projects in the
Special Development District. Within these ordinances a nexus was
established between commercial and residential development and the
generation of employees was established. !n adopting these ordinances a ,
methodology was established to determine the impact of a commercial and
residential development on the need for employee housing at a goal of
providing 30% of the housing generated by a project. 20
Furthermore. there are provisions for meeting the remainder of the
requirement for providing employee housing through several different
options or combination of options. The options include:
• Provision of on-site units;
• Conveyance of property on-site;
• Provision of off-site units;
• Payment of fees-in-lieu; and
• Conveyance of property off-site
A proposed development or redevelopment may choose to propose any of
the above options or combination of options. Within the ordinances, the
Planning and Environmental Commission was given the authority to review
an applicanYs proposal for mitigating the employee generation of a project
and grant approval of the proposal. There are some specific instances
were the Town Council must also accept the proposal for mitigating the
employee requirement generated by a project.
During the public hearing on March 18, 2008, the Town Council expressed
concern with the proposed employee housing mitigation in context to the
employee housing requirements established within SDD No. 4.
. Although the applicant proposed to construct four (4) deed restricted
employee housing units totaling approximately 3,972 square feet (993
square feet per two-bedroom unit) in combination with providing a payment-
in-lieu amount of $306,739 to meet mitigation requirements of Chapters 23,
Commercial Linkage, and 24, Inclusionary Zoning, Vail Town Code, the
Town Council directed Staff to research the . employee housing
requirements for SDD No. 4, Area A, to ensure that the developer is
' meeting any previous obligations to provide adequate housing on-site
within Area A, Cascade Village.
Based on Staff's research of all ordinances related to SDD No. 4, the
following conclusions are pertinent to any further discussion by the Town
Council with regard to EHU requirements for Cascade Village, Area A:
• 5 EHUs are required, in total, for all of Area A; • 3 EHUs are required on the Cornerstone site;
0 2 EHUs have been provided at the Liftside site; • Up to 26 EHUs were required at one time at the Westhaven
Condominiums (aka. The "Ruins") site and in 2005, the Vail Town
Council voted to release the developer of the Westhaven
Condominiums site from their obligations to provide the previously
' required units on-site. Instead, Ordinance No. 12, Series of 2005, contained a condition wherein the developer of the Westhaven
Condominiums was required to provide the equivalent of 4,400
square feet of deed restricted employee housing, off-site. Files for
Westhaven Condominiums contain written evidence that the -
developer met the requirements of the Vail Town Code by deed
restricting three (3) units within the Town.
21
Staff believes, based on the above referenced research, the developer's
original proposal to provide on-site employee housing exceeds the
previously required number of employee housing units on the Cornerstone
site by voluntarily providing four (4) units rather than three (3). Further,
Staff believes that previous actions by the Vail Town Council to amend
(reduce) the required number of employee housing units to be provided at
other development sites (Westhaven Condominiums, Ordinance No. 12,
Series of 2005) within Area A were intended to release the developers of
Area A from providing any future employee housing units within Area A.
Further, this action by the Council in 2005 should not cause the developer
of the Cornerstone site to provide mitigation above and beyond the impact
caused by the development of the Cornerstone building. In other words, Staff is of the opinion a determination was made by a
previous Town Council that the total number of employee housing units
required within Area A should be reduced in response to redevelopment
and changing conditions - specifically the development of the Westhaven
Condominium site, and the redevelopment of CMC building into mostly
cesidential uses. Although the SDD language still requires the developers
of Area A to provide three employee housing units on the Cornerstone site,
Staff believes this requirement was intended to be stricken from the .
ordinance language in 2005. Staff believes this requirement within SDD
No. 4 should longer apply as the developer is proposing to meet all required
mitigation for the Cornerstone Building based on the requirements of
Chapters 23 and 24, Vail Town.Code.
Although the Comerstone project is not subject to the requirements of
Ordinance 1, Series of 2008, Staff believes the developer's current
proposal, inclusive of four (4) on-site EHUs, meets or exceeds the newly
adopted regulation to provide at least 1/2 of the required mitigation on-site.
The developer proposes to provide 53% of the required mitigation on-
site.
. . The required Inclusionary Zoning,mitigation for the building based on the
requirements of Chapter 23 would total 4,841 square feet, as follows:
Inclusionary Zoning Requirement: ,
48,407 Net New sq. ft. (GRFA) x 10% = 4,841 sq. ft.
. The total Commercial Linkage mitigation for the building would total 273 net
new square feet. Based on this net increase in commercial floor area, the
project will be required to mitigate the generation of 0.13 net new
employees, as follows: ,
Commercial Linkage Requirement:
273 sq. ft. Net New Commercial x 20% = 54.6 sq. ft.
54.6 sq. ft. x 2.4 Employees per 1000 = 0.13 Employees
22
Proposed Mitiqation Methods
The applicant proposes to meet the requirements in the following ways:
Inclusionary Zoning
Method #1 : Provide four (4) EHUs ~D_ 2,621 sq. ft. on-site
1
4,841 sq. ft. - 2,621 sq. ft. = 2,220 sq. ft. (remaining)
Method #2: Provide pavment of fee-in-lieu for remainder of
reauirement
2,220 sq. ft. x $301.65 = $669,663.00
Commercial Linkage
Method #1: Provide pavment of fee-in-lieu for full requirement
• 0.13 x $166,464 = $21 .44
Currently the Town has no plan for the funds that may be collected from the
payment-in-lieu option for mitigating housing requirements. Funds collected
from this option could be used to construct units or to purchase units and
then resell them after placing a deed restriction upon the property and
selling them for a more affordable price.
Vail Land Use Plan
The goals contained in the Vail Land Use Plan are to be used as the
Town's policy guidelines during the review process for the amendment of a
special development district. Staff has reviewed the Vail Land Use Plan and
believes the following goals, objectives and policies are relevant to the
, review of this proposal:
Vail Land Use P/an
1.0 General Growth/Development
1.1 Vail shou/d continue to grow in a controlled environment,
maintaining a ba/ance between residential, commercia/ and
recreational uses to serve both fhe visitor and the permanent
tesident.
1.3 The quality of deve/opment should be maintained and upgraded
whenever possible.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers.
23
5.0 Residential
5.1 Additional residential growth should continue fo occur primarily in
existing, platted areas and as appropriafe in new areas where
high hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the
Town of Vail with appropriate restrictions.
5.5 The existing employee housing base should be preserved and
upgraded. Additional emp/oyee housing needs should be
. accommodated at varied sites throughout the community.
Staff believes the proposed development furthers the above referenced
goals, objectives and policies and, therefore, is in compliance with the Vail
Comprehensive Plan. .
5. Identification and mitigation of natural and/or geologic hazards that
affect the property on which the special development district is
proposed.
According to the Official Town of Vail Geologic Hazard Maps, the
Cornerstone development site is not located in any geologically sensitive
areas or within the 100-year floodplain of Gore Creek or its tributaries.
6. 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.
Site Plan
Staff believes the proposed site design will have positive overall impacts on
the appearance ~and funcfionality of the area.
The site is a steep hillside resulting from development of Westhaven Drive
(fill) and is vegetated with native grasses (re-seeded after construction of
Westhaven Drive). There are no trees or other significant vegetation on the
site and the site has been used for snow storage and construction staging
historically. Therefore, the development of the Cornerstone Building poses
no negative impact on "natural features". On the contrary, Staff-believes
that development of this site will complete the overall development plan for
Cascade Village and will provide much needed enhancements to
sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality
of the area as a portal to Vail Mountain.
~
Buildinq Design
Staff believes the proposed building is designed to increase or enhance
functionality of the area while being responsive and sensitive to the
aesthetic quality of the community. -
24
Therefore, Staff believes the overall aesthetic quality of the community
would be enhanced by the proposed exterior changes and physical
improvements proposed by the applicant will increase the functionality of
the site.
7. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The applicant is proposing changes that will generally improve on-site
parking and maneuverability and which will greatly enhance pedestrian
circulation around and through the site. Specifically, the applicant has
agreed to install off-site portions of sidewalk connections identified by the
Town of Vail Public Works Department along Westhaven Drive and is
providing new pedestrian plaza and skier passageway improvements on
the Cornserstone site. In addition, the applicant proposes to participate in
improvements to Westhaven Drive, including the provision of a bus turn
around, skier drop-off and a potential left turn lane for exiting movements
out of Cascade Village.
8. Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and
functions.
Staff believes that the landscape plan greatly enhances the aesthetic
quality of the area by providing new pathways, plantings and ground covers
where none exist today. By completing development in this area, the plaza
connection, or pedestrian way from the hotel to the Cascade Village chairlift
will now include new pathways and (heated) paver areas, a gas fire
piUgathering place and significant new plantings of native trees and shrubs.
These plantings will form the first level of perception from the pedestrian
level between pathways and the Cornerstone Building. Plantings are also
proposed on the plan in a manner and location to strategically "soften" or
break-down building mass and height.
9. Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of
the special development district.
Staff is not aware of any intention on the applicant's, behalf_ to phase this
project, however, should a phasing plan be proposed, this criterion must
and will be met in full.
25
V. STAFF RECOMMENDATION
The Community Development Department recommends that the Town Council
approves, with conditions, a request for first reading of Ordinance No. 5,
Series of 2008, repealing and reenacting Ordinance No. 10, Series of 2008,
amending and re-establishing the approved development plan for Area A of SDD
No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276
Westhaven Drive
Should the Council choose to approve the request, the Department of
Community Development recommends the Council pass the following motion:
"The Town Council approves, with conditions, the first reading of
Ordinance No. 5, Series of 2008, repealing. and re-enacting Ordinance
No. 10, Series of 2008, Cascade Village, amending and re-establishing
the approved development plan for Area A of SDD No. 4, pursuant to
Artic/e 92-9A-10, Amendment Procedures, Vail Town Code, fo allow for
the development of a mixed use development, located at 1276
Westhaven Drive /Cascade Village Subdivision, and setting forth details
in regard thereto."
Should the Council choose to approve this amendment, the Community
Development Department recommends the following conditions:
1. That the Deve/oper obfains final review and approval of the proposed
deve/opment plan by the Town of IYai! ,for Review Board, prior to making
an application for the issuance of a building permit. .
2. That the Developer pays in full, the employee housing mitigation fee of
$691, 476.44 prior to the issuance of a building permit.
3. That the Developer submits a complete set of civil engineered drawings
of the Approved Development Plans, including the following required off-
site improvements;
a. Design and Construct Westhaven Drive enfrance improvements
including; additiona/ furn /anes and adequate queuing areas,
landscaped and irrigated medians, (6) sidewalk connections from
the,proposed skier portal to the Frontage Road on both sides of
Westhaven Drive; a bus turnaround and bus stop meeting Town of
Vail and ECO standards, 3 skier drop-off spaces, landscaping and
adequate snow storage areas as approved by the Public Works
Department
b. Design and Construct A 10' concrete walk along the South
Fronfage Road from fhe western most point of fhe Cascade
Parking/Conference building to a point in front of the Liftside
Condominiums, approximately 680' in length (inc/uding
crosswa/k). The walk shall be detached wherever feasible and
~ separated by a minimum of a 5' landscaped and /irrigated buffer.
Such drawings?p/ans shall be submitted to the Town of Vail Community
Development Department for revrew, and sha!l recerve approva/ prior to
26 ~
the Developer making application for the issuance of a building permit.
4. That the Developer shall address and resolve, to the satisfaction of the
Town Engineer, all the comments and conditions identified in the
memorandum from the Town Engineer, and addressed to Scot Hunn,
dated January 25, 2008, on any civil engineered plans submitted in
conjunction with building permits.
5. That the Developer pays in full, the Traffic Impact Fee of $117,000 (based
on the 18 net pm peak hour trips) prior to the issuance of a building
permit. AII or a portion of the fee may be offset by specific capacity.
improvements including the cosf of the design and consfruction of the /eft
turn lane on Westhaven Drive.
6. That the Developer prepares a Cornerstone Buildinq Art in Public Places
Plan, for input and comment by the Town of Vail Art in Public Places
Board, prior to the request for a temporary certificate of occupancy.
. Subject to the above input and comment by the Art in Public Places
Board, the Applicant will work with Town Staff to determine the type and
location of the art to be provided. Said Plan shall include the funding for a
minimum of one (1) public art improvements to be developed in
conjunction with the Comerstone Building project. .
7. That the Developer provides the legally executed and duly recorded Type
lll deed restriction with the Eag/e County Clerk & Recorder's Office for the
on-site employee housing unit, and that said unit shall be made available
for occupancy, prior to the issuance of a temporary certificate of
occupancy for the Cornerstone Building project.
Should the Council choose to approve this amendment, the Community
~ Development recommends the Council makes the following findings:
"The Town Council finds: 1. That the amendment is consistent with the applicable elements of the
adopted goa/s, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
. objectives of the Town, based upon the review outlined in Section Vlll
of the Staff's January 28, 2008, memorandum to the P/anning and
Environmenta/ Commission and Secfion IV of the Staff's July 1, 2008,
memorandum to the Town Council; and
2. That the amendment does further the general and specific purposes
of the Zoning Regulations, based upon the review outlined in Section
Vlll of the Staff's January 28, 2008, memorandum to the Planning and
Environmental Commission and Section IV of fhe Staff's July 2008,
memorandum to the Town Council; and
27
3. That the amendment does promote the health, safety, morals, and
, general we/fare of the Town, and does promote the coordinated and
harmonious development of the Town in a manner that conserves and
enhances its natural environmenf and its established character as a
resort and 'residential community of the highest quality, based upon
the review outlined in Section V/ll of fhe Staff's January 28, 2008,
memorandum to the Planning and Environmental Commission and Secfion IV of the Staff's July 1, 2008, memorandum to the Town
Council.
VI. ATTACHMENTS
A. Staff memorandum to PEC dated January 28, 2008
B. Ordinance No.-5, Series of 2008
C. Memorandum by Pylman and Associates, Inc: dated June 10, 2008
D. Plans by GPSL Architects dated June 12, 2008
28
~
44 Attachment A
MEMORANDUM TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 28, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council on a
proposed major amendment to.Special Development District No. 4, Vail
Cascade, pursuant to Article 12-9A, Special Development District, Vail
Town Code, to allow for the development of a mixed use project on the
property known . as the Cornerstone site, located at 1276 Westhaven
Drive/Vail Cascade Subdivision and setting forth details in regard thereto.
(PEC07-0055)
Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman
, & Associates, Inc.
Planner: Scot Hunn
1. SUMMARY
The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman &
Associates, Inc., has requested final review by the Planning and Environmental
Commission for a Major Amendment to Special. Development District No. 4, .
Cascade Village, to allow for the development of a mixed use project on the
property known as the Cornerstone site, inclusive of:
o One (1) building containing a total of twenty three (23) free market
condominiums (55,931 sq. ft. of GRFA), four (4) deed restricted, Type III
employee housing units (EHUs) and two levels of underground parking,
for a total of eight (8) stories above pedestrian plaza grade on the south
side of the building;
o Enhancement of skier drop-off pedestrian access through subject
property, including a snow melted and covered exterior staircase and
dedicated elevator from Westhaven Drive level to the plaza level below;
o Improvement (re-development) of lift ticket sales office (skier services),
public plaza areas and the provision of public bathrooms adjacent to the
existing Cascade Village chairlift; and
o Completion of sidewalk links and certain other on-site and off-site
improvements
Final Plan review is requested with regard to master plan recommendations,
specific design guidelines and Code requirements applicable to any re-
development of this site. To this end, Staff has prepared a written analysis
summarizing the requirements and guidelines outlined in:
o The Town of Vail Land Use Plan
1
?
o The Town of Vail Municipal Code
o Ordinance No. 31, Series 2007, Major Amendment to Special
Development District No. 4, Area A, Cascade Village
Requested Outcome The intended outcome of this meeting is for the Commission to take formal action
on the development application, citing certain applicable findings and criteria as
the basis for approval, approval with conditions, or denial of the application.
To this end, Staff is recommending approval, with conditions, of the Major
Amendment to SDD No. 4, as detailed in Section IX of this memo.
. II. DESCRIPTION OF THE REQUEST
Purpose of Review The purpose of this meeting is to conduct a final plan level of review relative to
the Cornerstone projecYs conformance with the Town of Vail Land Use Plan, as
well as fhe applicable sections of the Town of Vail Municipal Code. As well, Staff
has reviewed this proposal against previously established development
standards, contained with the ordinance language for SDD No. 4, Cascade
Village, for the Cornerstone Site.
Project Overview
The attached plan sets (Attachment B) dated January 23, 2008, submitted by the
applicant depict proposed improvements including but not limited to:
Lower Parking Level
• 20,304 sq. ft..(gross) area
• Parking area to accommodate 33 spaces, including one ADA
accessible space
• Internal vehicular access ramp
• Ancillary mechanical and trash space and common circulation
elements (stairwells/elevator shafts)
Upper Parking Level (Plaza Level) ,
- • 19,961 sq. ft. (gross) area • Parking area to accommodate 23 spaces, including three (3) ADA -
. accessible spaces • Ancillary mechanical space and common circulation elements
(stairwells/elevator shafts)
• 623 sq. ft. (gross) skier services (commercial) square footage located
on the plaza level including a three-window ticket sales area and
administrative office space
0 Owner ski lockers, Owner Lounge and skier services facilities,
including a 3-window ticket safes area, administrative office space and
public restrooms
• Two public restroom facilities (481 sq. ft)
• Common elements
Ground Level Residential(Westhaven Drive Ground Leyel)
2
• 18,787 sq. ft. (gross) area
• Four (4) 933 square foot,. Type III employee housing units (EHUs)
located within the West Wing of the building '
• Three (3), one-story free market condominium units
• Ancillary mechanical and trash space and common circulation,
elements (stairwells/elevator shafts)
• Common elements
Level One Residential
• 16,811 sq. ft. (gross) area • Six (6), one-story free market condominium units
•"Skier Passage" way from Westhaven Drive drop-off point on the
North side of the building to new snow melted (covered) stairwell on
South side of the building
• Common elements Level Two Residential , • 14,284 sq. ft. (gross) area
• Four (4), one-story within the West Wing of the building
• Two (2), two-story (main plus loft) free market condominium units
within the East Wing
• Common elements
Level Three Residential
• 13,217 sq. ft. (gross) area
• Four (4), one-story free market condominium units within West Wing
of the building '
• Two (2), two-story (main plus loft) free market condominium units
within East Wing of the building
• Common elements Level Four Residential
• 7,594 sq. ft. (gross) area
• Two (2), one-story free market condominiums within the West Wing
• One (1) two-story (main plus loft) free market condominium unit within
West Wing of the building
• Common elements
Level Five Residential • 4,615 sq. ft. (gross) area
• One (1) two-story (main plus loft) free market condominium
• Loft area for one (1) units in West Wing of the building
• Common elements
Level Six Residential
• 1,814 sq. ft. (gross) area
• One (1) loft for two-story level five
• Common elements
3
1
Of note is the creation of four (4), deed restricted Type III employee housing units
(EHUs), a heated pedestrian plaza ("Skier Passage") and stair well off of
Westhaven Drive providing access to the plaza level. In addition, the applicant is
working with the Town of Vail to design and construct certain sidewalk, tum land,
bus lane and skier drop-off improvements within and around the Westhaven
Drive.
Appticable Review Criteria
To this end, review of the Cornerstone Building project will include the following
code sections and other relevant documents to be considered in any future
submittal for formal review and approval by the PEC:
o A maior amendment to special development district application pursuant
to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically,
sections (in part):
• 12-9A-4: Development Review Procedures
• 12-9A-5: Submittal Requirements
• 12-9A-6: Development Plan
• 12-9A-7: Uses
~ 12-9A-8: Design Criteria and Necessary Findings
• 12-9A-9: Development Standards.
• 12-9A-10: Amendment Procedures
• 12-9A-11: Recreation Amenities Tax
• 12-9A-12: Time Requirements
. • 12-9A-14: Existing Special Development Districts
o Ordinance No. 31, Series of 2007 - An Ordinance Amending and Re-
Establishing the Approved Development Plan for Area A of SDD No. 4,
Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code
and Setting Forth Details in Regard Thereto (Attachment D)
o Ordinance No.(s) 7& 8, Series of 2007
o The Town of Vail Land Use Plan .
III. BACKGROUND
Special Development District No. 4 -
Special Development District No. 4, Cascade Village, was adopted by Ordinance
No. 5, Series of 1976. At least seventeen subsequent amendments occurred
from 1977 through the present day, inclusive of the most recent major
amendment to approve revisions to the Cascade Residences ("CMC" Building)
development in 2007. The subject property was a Planned Unit Development
under Eagle County Jurisdiction when the property was annexed in 1975. SDD
No. 4 includes the following:
, Area A Cascade Village
Area B Coldstream Condominiums
Area C Glen Lyon Primary/Secondary and Single Family Lots
Area D Glen Lyon Commercial Site
Area E Tract K
4
The entire Cascade Village site is approximately 97.5 acres. Because the
property was annexed into the Town of Vail as a Planned Unit Development
under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there, is no underlying zoning for Cascade
Village. The uses and development standards for the entire property are as
outlined in the adopting ordinance for Special Development District No. 4.
Cornerstone Site History
The Cornerstone site is located south of Westhaven Orive, between the Liftside
Condominiums and the Cascade Hotel Terrace Wing and conference center.
The total site area is 0.6977 acres in size and slopes steeply from Westhaven
Drive to the hotel. terrace and Cascade Village.; chairlift level. The chairlift is
located immediately adjacent to the site and a public pedestrian easement allows
for access across the site from Westhaven Drive to the chairlift. The adjacent
Waterford site (Liftside Condominiums) and the Cornerstone site are the only two
development parcels within the SDD permitted to establish separate
development plans.
In 1992 the Town of Vail Planning and Environmental Commission
recommended approval of the development plan for the Waterford (Liftside
Condominiums) and Cornerstone buildings; the Vail Town Council subsequently
approved the development plan via Ordinance No. 7, Series of 1993. Although
tMis plan is now expired, the 1993 development plan for the Cornerstone site
included:
0 41,010 total (gross) square feet of building area;
0 64 Transient Residentia( Units/28,110 square feet of GRFA;
o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA;
a 11,100 square feet of retail/commercial space;
0 56 on-site parking spaces for residential uses;
0 37 on-site parking spaces for retail commercial uses
0 71 foot building height limit
Current Proposal On September 24, 2007, the Planning and Environmental Commission held a
work session to discuss a concept for the proposal. At that time, the applicant
proposed a similar design for one building, with two separate wings. The West
Wing of the previous design showed a maximum height of 82 feet with the East
Wing measuring 71 feet in height. However, in response to concerns voiced by
adjacent property owners and the Planning and Environmental Commission,
concerning building height, views and massing, the applicant revised the plans
to:
• Relocate condominium units from the East Wing to the West Wing, thus
increasing the mass and height of the West Wing by adding one floor for
a total of eight (8) stories above grade (as measured from the Plaza Level
- on the south side of the building) and reducing the height of the East
Wing to mitigate concerns from Liftside Condominium property owners.
5
/ On Noyember 26, 2007, the Commission held'another work session to review the
revisions. At that meeting, the Commission expressed general support for the
revised plans and elevations. However, two Commissioners expressed concern
regarding proposed building heights at the West Wing of the development:
Specifically, Commissioner Kjesbo recommended that the applicant study the
massing and absolute height apparent on the south elevation, due to this
elevation's proximity to the pedestrian plaza between the proposed Cornerstone
Building and the existing Vail Cascade Hotel "Terrace" Wing. Commissioner
Pierce suggested that the applicant mitigate the apparent mass of the West Wing
by introducing additional building and roof mass at the lower levels of the
building, facing the pedestrian plaza. '
Since the November 26, 2007, meeting, Staff has met with the applicant several
times to discuss issues related to building massing and height, as well as, to
work towards resolution on the following outstanding issues:
,
• Westhaven Drive Improvements - turn fanes, bus turn-around, skier drop-
off; and
• Snow storage.
At this time, the applicant requests final review of the site and building plans only. ~
Targeted date of construction is spring, 2009. The Town Staff and the applicant
have agreed to continue to work towards mutually agreed upon design solutions
for any and all required improvements to Westhaven Drive and any ancillary
sidewalk and snow storage improvements. (A concept sketch of Westhaven
Drive design solutions is included in plans provided under attachment B).
IV. ROLES OF THE REVIEWING BOARDS
The purpose of this section of the memorandum is to ciarify the responsibilities of
the Planning and Environmental Commission, Design Review Board, Town
Council, and Staff with regard to the review of any applications submitted on
behalf of the Applicant.
Major Amendment to Special Development District (SDD)
Order of Review: Generally, applications will tie reviewed first by the PEC for
impacts of use/development, then by the DRB for compliance of proposed
buildings and site planning, and final approval by the Town Council.
Planning and Environmenta/ Commission (PEC):
The PEC shall review the proposal for general compliance pursuant to criteria set
forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning
and Environmenta/ Commission may recommend approval of the petition
or proposal as initiated, may recommend approval with such medications
as it deems necessary to accomplish the purpose of this title, or may
recommend denial of the petition or rejection of the proposal.
Desiqn Review Board:
. 6
The Design Review Board has no review authority on a Major or Minor
Amendment to a Special Development District (SDD), but must review any
accompanying Design Review Board application. The Design Review Board
therefore will make a recommendation to the Planning and Environmental
Commission on any deviations proposed to the architectural design guidelines
. prescribed in the Vail Village Master Plan.
Town Council:
Upon receipt of the report and recommendation of the Planning and
Environmental Commission, the Town Council shall set a date for hearing within
the following thirty (30) days. Within twenty (20) days of the closing of a public
hearing on a proposed SDD, the Town Council shall act on the petition or
proposal. The Town Council shall consider but shall not be bound by the
. recommendation of the Planning and Environmental commission. The Town
Council may cause an ordinance to be introduced to create or amend a special
development district.
V. APPLICABLE PLANNING DOCUMENTS
Section 12-9A: Specia/ Development (SDD) District Vail Municipal Code (in
part) Chapter 9- Special and Miscellaneous Districts
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 goa/s of the community as stated in the Vail comprehensive plan
12-9A-10: AMENDMENT PROCEDURES (In part):
8. Major Amendments:
1. Requests for major amendments fo an approved special
developmenf district shall be reviewed in accordance with the
procedures described in section 12-9A-4 of this article.
Ordinance No. 31. Series of 2007
An Ordinance Amending and Re-Establishing the Approved Development Plan
for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10,
Vail Town Code and Sefting Forth Details in Regard Thereto. (In part)
Ordinance No. 7. Series of 2007
An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the
Addition of New Definitions to Section 12-2-2, and the Adoption of a New
7
Chapter 23, Entrtled Commercial Linkage„ and Setting for Details in Regard
Thereto (!n Part)
Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vai! Town Code, by the
Addition of New Definitions to Section 12-2-2, and the Adoption of a New
Chapter 2, Entitled Inc/usionary Zoning, and Setting for Details in Regard Thereto •
(In Part).
Vail Land Use P/an
The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail
Town Council. The main purpose of the Land Use Plan is finro-fold:
1. To articulate the land use goals of the Town.
2. To serve as a guide for decision making by the Town.
The Vail Land Use Plan is intended to serve as a basis from which future land
use decisions may be made within the Town of Vail. The goals, as articulated
within the Land Use Plan, are meant to be used as adopted policy guidelines in
the review process for new development proposals. In conjunction with these
goals, land use categories are defined to indicate general types of land uses
which are then used to develop the Vail Land Use Map. The Land Use Plan is
not intended to be regulatory in nature, but is intended to provide a general
framework to guide decision making. Where the land use categories and zoning
conflict, existing zoning controls development on a site.
Goals and Policies (in part):
1.0 General Growth/Development
1.1 Vail should continue to grow in a control/ed environment, maintaining a
balance between residential, commercial and recreational uses to
serve both the visitor and the permanent resident.
1.2 The quality of the environment including air, water and other natural
resources shou/d be protected as the Town grows.
1.3 The quality of development should be maintained and upgraded
whenever possible.
9.4 The original theme of the old Village Core should be carried into new
. development in the Village Core through continued implementation of the
Urban Design Guide Plan.
1.12 Vail should accommodate mosf of the additional growth in existing
developed areas (infill areas).
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destinafion Pesort while
accommodating day skiers. ,
8
5.0 Residential
5.1 Additional residential growth should continue to occur primarily in
existing, plafted areas and as appropriate in new areas where high
hazards do not exist.
5.3 Affordable employee housing should be made available through
private efforts, assisted by limited incentives, provided by the Town of
Vail with appropriate restrictions.
5.5 The existing employee housing base should be preserved and
upgraded. Additional employee housing needs should be
accommodated af varied sites throughout the community.
VI. ZONING ANALYSIS
Staff has completed a zoning analysis, comparing in some instances the
previously approved (now expired) development plan for the Cornerstone Site,
with current or proposed plans. As well, Staff has provided general development
standards and overall figures for Cascade Village, Area A as the certain
standards apply to the entire planning area. Lastly, "Per Dev. Plan" refers to the
process by which certain allowable standards are established via the approval of
the individual development plan. .
Legal Description: Cascade Village (Cornerstone Site)
Parcel No. 210312119001
Address: 1276 Westhaven Drive
Lot Size: .69 acres (30,056 sq ft)
Zoning: Special Development District No. 4 (no.underlying
zone district)
Land Use Plan Designation: Resort Accommodations and Services
Current Land Use: Mixed Use Residential and Resort / Spa
Development Standard Allowed/Rea. ExisUApproved* Pcoposed
Lot Area: N/A 30,056 sq. ft. No Change
Buildable Area: 30,056 sq. ft. No Change
Setbacks:
North: Per Dev. Plan 5' 3'
South: Per Dev. Plan 21-6" 4'
East: Per Dev. Plan 1'-6" 5'
West: Per Dev. Plan 2' 51*"
Building Height: 71' 71' 91'
Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac
or 270 DU 245 DU*** 268 DU
. GRFA (Area A): 289,145 sq. ft. 239,680 sq. ft. 55,931 sq. ft.****
9
Comm. Sq. Ft. (Area A): 35,698 sq. ft. 24,598 sq. ft. 623 sq. ft. or 25,221 sq. ft.
Site Coverage (Area A): 45%***** or 36% 40%
. Per Dev. Plan
Landscape Area (Area A): 50% 64% 60%
Parking (Cornerstone): 93 spaces****** 93 56 spaces
Note:
* Existing or approved refers to development standards approved via the 1993 development
plan (now expired) and are provide for information and comparison purposes only.
West side setback measured from property line to exterior wall of residential building;
applicant proposes parking ramp to be built off property, on adjacent "Plaza Wing" with the
creation of an access easement.
• Total existing density includes approval of additional' dwelling units proposed within the
Cascade Residences, pursuant to File No. PEC07-0058.
Applicant proposes to increase the total allowable GRFA for Area A from 289,145 sq. ft. to
295,611 sq. ft. (total increase of 6,466 sq. ft.) to accommodate development of the
Cornerstone Site; due to previously'approved density (GRFA) at other parcels.within Area
A since original approval of the Cornerstone building in 1993, less GRFA is now available
for the development of the'Cornerstone Site than was originally anticipated.
Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to
45%.
SDD No. 4 states that "There shall be a minimum of 93 enclosed parking spaces located
within the Cornerstone building with 37 of the required spaces available to the public for
short-term parking. No mixed use credit has been applied to this lot." Staff believes that this
requirement is no longer valid due to previous development plans which contained larger '
amounts of commercial and residential square footage has expired. The current proposal
requires 56 parking spaces.
VII. SURROUNDING LAND USES
, Land Use Zonin *
North: Parking Structure/Liftside Condos SDD No. 4
South: - Vai( Cascade Hotel/Glen Lyon Sub. SDD No. 4
East:. Common Area/open space/ Rec SDD No. 4 West: Vail Cascade Hotel SDD No. 4
Nole:
* According to the records on file for SDD No. 4, the entire development district was zoned
"PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying
"zoning" exists for this parcel other than previously approved (and amended) development
plans for SDD No. 4.
VIII. REVIEW CRITERIA
The following section of this memorandum is included to provide the Applicant,
community, Staff, and Commission with an advanced understanding of the
criteria and findings that will be used by the reviewing boards in making a final
decision on the proposed appiication.
10
Chapter 9- Special and Miscellaneous Districts
12-9A-8: DESIGN CRITER/A:
The following design criteria shall be used as the principal criteria in evaluating
the merifs of the proposed special development district. It shall be the burden of
fhe applicant to demonstrate that submittal material and the proposed
development plan comply with each of the following standards, or demonstrate
that one or more of them is not applicable, or that a practical solution consistent
with the public interest has been achieved:
A. Design compatibility and sensitivity to the immediate environment, '
neighborhood and adjacent properties relative to architectural design,
scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
Overall Compatibility
The Applicant is proposing a major amendment to the special development
district which Staff believes will have positive overall impacts on the
appearance and functionality of the area. Specifically, the Cornerstone Site
is the last development site within Area A, and therefore presents
opportunities to complete the overall development plan for Cascade Village
and provide needed amenities to the larger community. Specifically, Staff
suggests that the following improvements will enhance the site's
compatibility, and as public benefits, will greatly improve the character,
, identity, and visual integrity of the neighborhood:
• Enhanced skier passage way/entry portal to Cascade Village
Chairlift; • Sidewalk connections within and around the site;
• Enhanced Pedestrian Plaza area between existing Terrace Wing of
the hotel property, and the proposed Cornerstone Building; and
• Creation of bus turn around and skier drop off.
Design of the site and proposed buildings reinforces the connectivity of the
Cornerstone site to the rest of the Cascade Village Area. As well, the
design generally enhances the architecture, scale, bulk and visual
character of the surrounding neighborhood by incorporating massing,
building materials, roof forms and compositions that relate to the
surrounding built environment. Massing has been revised to mitigate
impacts on adjacent structures (Liftside Condominiums) and the applicant
has made certain other revisions to balconies and fenestration around the
building which Staff believes will positively affect building mass, bulk,
building height and character of the immediate and surrounding
environment.
However, as the plans are further developed, the applicant will be required
to address the following areas of concern regarding specific design issues
related to design and construction of on-site and off-site improvements at
the Westhaven Drive entrance, including but not limited to:
11
r
t
0 Turn lanes;
• Adequate queuing areas;
• Landscaped and irrigated medians;
• Six foof wide sidewalk connections from the proposed skier portal to
' the South Frontage Road on both sides of Westhaven Drive
• Ten foot wide sidewalk connection along the South Frontage Road
from the western most point of . the Cascade Parking/Conference
Center building to a point in front of the Liftside Condominiums,
approximately 680 feet in length (including a crosswalk);
• Bus turn, around and bus stop meeting Town of Vail and ECO
standards;
• Three space skier drop-off;
• Landscaping; and
• Adequate snow storage areas as approved by the Town of Vail
Public Works Department.
Bulk and Mass
Staff believes the proposed improvements are consistent with the Vail
Comprehensive Plan. While the overall mass of the building will surpass (in
height) previously approved buildings on this site, Staff believes that the
Applicant has presented plans that enhance the overall massing,
composition and appearance of the planning area (Area A, Cascade
Village) by introducing compatible roof forms, as weli as, new roof forms
that step and which wilf add variety to the overall roof composition
throughout Area A. in addition, StafF believes the proposed application of
exterior materials, specifically the introduction of substantial amounts of
stone veneer at key locations (foundation level), the introduction of
secondary roof structures, the revisions to the placement and size of certain
balconies and window openings, and the continued use of stucco as a
predominant "Cascade Village° material, aid in "stepping down" the mass of
the building from the pedestrian level.
Building Height
Staff believes, despite a proposed maximum buildingheight of 91 feet in
one area of the building, the proposed building heights for both the West
and East wings of the building are generally compatible and sensitive to the
immediate environmsnt. Pursuant to Ordinance No. 31, Series 2007,
building height fvr SDD No. 4 is calculated as follows:
"For the purposes of SDD No. 4 calculations of height, height shall
mean the distance measured vertically from the exisfing grade or
finished grade (whichever is more restrictive), at any grven point to
the top of a flat. roof, or mansard roof, or to the highest ridge line of
a sloping roof, unless otherwise specified in approved developmenf
plan drawings." .
Further, that: .
"Cornerstone Building: Maximum height of 71 feet. "
12
Although the proposed maximum height of the West Wing is now shown at
91 feet, as measured to existing grade on the south (pedestrian plaza) side
of the development, Staff believes that the overall bui(ding heights for both
wings are appropriate in context to surrounding structures, as well as, the
overall Cascade Viilage development.
Approved building heights within Area A(according to development
standards listed in SDD No. 4, Ordinance No. 31, Series 2007) range from
26 feet to 71 feet. By comparison, building heights proposed within the
Cornerstone Building range from approximately 42 feet to 91 feet. Also,
Stafi has calculated that approximately 30% of the overall roof mass is
above 71 feet. As discussed in previous meetings with the Planning and
• Environmental Commission, the proposed building massing and height may
actually enhance the perceived variation in roof height within Area A, thus
producing a positive "mix" of roof heights and buiiding masses which
reinforce the tightly clustered "`Village" concept. Further, as depicted on the
photo overlays provided by the applicant, the proposed West Wing of the
Cornerstone Building, while talfer than the adjacent Liftside Condominiums
building (55 feet tall on the north/frontage road side), presents a similar
. appearance (between 57 feet and 75 feet tall on the north side) when
viewed from I-70 and the frontage roads.
Character
As stated above, Staff believes the proposed improvements will result in a
positive, or beneficial, impact to the surrounding area. The manner in which
the Applicant proposes to integrate the building's mass, roof compositions
and forms, fenestration and exterior building materials enhances or
reinforces the Cascade Village architectural style and character. Other
improvements to enhance the skier drop-off, skier passage way and
pedestrian plaza areas will provide a much needed upgrade to. the
pedestrian experience of this portal to Vail Mountain.
Setbacks
Ordinance No. 31, Series of 2007, states the following relative to required
setbacks prescribed within Area A, in part:
"Required setbacks shall be as indicated in each development p/an
with a minimum setback on the periphery of the property (Area A)
of not /ess than twenty feet..." "A/l buildings shall maintain a 50
foot stream setback from Gore Creek. "
The current proposal establishes the building footprint at the approximate
distances away from property lines: North: 3 feet; South: 5 feet; East: 5
. feet; and West: 2 feet (2' between the proposed parking ramp and the
existing "Plaza Wing" of the hotel/5' between the western property line and
the exterior wall of the proposed Cornerstone Building). The previously
approved development plan established . the building footprint
approximately 5 feet from the North property line; 2'h feet from the South
property line; 1'h feet from the East property line, and; 2 feet away from
the West property line.
13
Therefore, Staff believes that the current proposal generally provides for
better separation between the proposed buildings and, the footprints of
adjacent buildings. As well, Staff suggests that the current proposal could
be construed to create less visual impact to adjacent properties closest to
the East property line. Lastly, there is more distance (by approximately 3
feet) provided between Gore Creek and the proposed structure.
Site Coverage ,
. Ordinance No. 31, Series of 2007, states the following relative to Area A:
"Not more than 45% of the total sife area may be covered by
buildings unless otherwise indicated on the site specific
. development plans."
Staff has calculated the existing site coverage within Area A at
approximately 34% of the total land area. As proposed, the Cornerstone
Building (total individual site coverage of approximately 67% of the
Cornerstone site) brings the total site coverage for Area A to approximately
37%. Therefore, Staff believes that the proposal complies with, or does not
adversely impact, this standard applied to the overaU development area
(Area A). -
B. Uses, activity and density which provide a compatible, effficient and
workable relationship with surrounding uses and activity.
Staff believes the proposed uses, activities and density continue ta provide
a compatible, effcient and workable relationship with surrounding uses and
activity. Specifically, the proposed uses are primarily residential (mulit-
family and employee housing), with limited first floor commercial (skier
services), both uses by right and both uses that are similar to surrounding
multi-family, iodge and commercial uses. The design .of the project
respects surrounding structures, uses and activities by providing generally
compatible building massing, roof forms and composition, architecture and
by providing enhanced skier drop=off improvements and pedestrian plaza
serving the overall neighborhood. As well, the project's design is respectful
of surrounding uses and activities by not adversely impacting existing
loading and delivery (service) areas or shifting any parking burden onto the
overall development. Staff suggests that while the building is compatible with surrounding sites,
the applicant shall be required to demonstrate that proposed parking ramp
improvements on the west side of the site will not adversely impact the
adjacent "Plaza" site.
C. Compliance with parking and loading requirements as outlined in
Chapter 12-10 of the Vail Town Code.
The provisions of SDD No. 4 state the following with specific reference to
Area A and the Cornerstone Site:
14
1. "Off-street parking shall be provided in accordance with Chapter
12-10, except that 75% of the required parking in Area A shall be '
located within a parking structure or buildings with the exception of
Millrace IV, Scenario l, where 66.6% and the Westhaven
Condominiums, where 71 % of required parking shall be enclosed
in a building.
4. There shall be a minimum of 93 enclosed parking spaces located
. within the Cornerstone building with 37 of the required spaces
available to the public for short term parking. No mixed use credit
has been applied to this lot." Staff believes that a majority of the spaces previously required were
generated by the approved number of "Transient Residential Units" (TRs),
free market units (GRFA) and retail/commercial square footage approved
for the site. Specifically, sixty four (64) TRs were approved for the site with
a.4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110
square feet of GRFA with a.1 space per 100 sq. ft. ratio accounted for 28
additional spaces dedicated for the residential component. Additionally, 37
spaces were required at a ratio of 1 space per 300 sq. ft. of commercial
space. The total requirement in the. 1993 development plan was 91
spaces.
The current proposal contains no Transient Residential/accommodation
units or commercial square footage. In addition, the twenty three (23) free
market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the previous 32
units approved for the site.
Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal
requires 56 spaces. 56 spaces are proposed within two levels of structured
parking. Therefore, Staff believes the proposal complies with parking and
loading requirements as outlined in Chapter 12=10 of the Vail Town Code.
D. Conformity with the applicable elements of the Vail Comprehensive
Plan, Town policies and Urban Design Plan.
Employee Housing Provision
Ordinance No. 33, Series of 2005, addresses employee housing in the
following manner:
"The deve/opment of SDD No. 4 will have impacts on available
employee housing within the Upper Eag/e Valley area. In order to
help meet this additional employee housing need, the developer(s)
of Areas A and D shall provide employee housing."
Further, that:
"The developer(s) of Area A shall build a minimum of 3 employee
housing dwelling units within the Cornerstone Building and 2 within
the Liftside (Waterford Building). Each employee unit in the
15
Cornerstone Building shall have a minimum square foofage of 600
square feet."
In addition to previously established requirements of SDD No. 4, the
development of the Cornerstone Building is subject to the Town' Employee
Housing regulations, specifically Ordinances 7&-8. In Fe6ruary of 2007, the
Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which
enacted regulations for the provision of employee housing units through
several possible mitigation methods for a!l projects in the Special
Development District. Within these ordinances a nexus was established
between commercial and residential development and the generation of
emplayees was established. In adopting these ordinances a methodology •
was established to determine the impact of a commercial and residential
development on the need for employee housing at a goal of providing 30%
of the housing generated by a project.
Furthermore. there were provisions for meeting the requirement for
providing employee housing through several different options or
combination of options. The options include:
• Provision of on-site units;
• Conveyance of property on-site;
• Provision of off-site units;
• Payment of fees-in-lieu; and
• Conveyance of property off-site,
A proposed development or redevelopment may choose to propose any of
the above options or combination of options. Within the two Ordinances, the
Planning and Environmental Commission was given the authority to review
an applicant's proposal for mitigating the employee generation of a project
and grant approval of the proposal. There are some specific instances
were the Town Council must also accept the proposal for mitigating the
employee requirement generated by a project.
The Staff has reviewed the proposal for compliance with Ordinance No.(s)
7 and 8, Series of 2007, and found it to be accurate in calculating the
mitigation requirement for the proposed Cornerstone Building project. Staff
has attached the proposed mitigation plan, as outlined in Section 3.5 of the
Project Overview/Summary by Pylman & Associates (Attachment B). At its
November 26, 2007, public hearing several members of the Commission
suggest that the proposed mitigation of providing four EHUs on-site, in
addition to providing the remainder of the mitigation as pay-in-lieu, was
appropriate.
Within the Plan the applicant proposes to mitigate the housing requirement,
ba.sed on a total (new) gross residential floor area (GRFA) of 55,931 square
feet, by the incorporation of four (4) employee housing units on site
measuring 933 square feet each (3,732 sq. ft. total), and a Residential
Mitigation payment-in-lieu in the amount of $49,595.65. In addition, the
applicant proposes new ticket sales and office space totaling 623 square
16
feet. There are currently approximately 350 square feet of ticket sales and
office space on site. Therefare, the net increase in commercial (retail)
square footage is 273 square feet. The following calculations provide an
analysis for employee housing, payment-in-lieu mitigation to be required:
Residential Mitigation Calculation
55,931 sq. ft. (new) GRFA x 10% = 5,593 sq. ft. mitigation required
5,593 sq, ft. required - 3,732 sq. ft. proposed = 1,861 sq. ft. remaining
1,861 sq. ft. x$236.65/sq. ft. _$49-,5 5 Payment-in-lieu required
Commercial Mitigation Calculation: °
273 sq. ft. (net new) commercial space
273 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area =.13
.13 employee mitigation requirement x$131,385.00 17,Q8Q,.
Total Mitigation Required:
Residential Mitigation: $49,595.65
Commercial Mitiqation: $17,080.05
Total: $66 ~,,7
Currently the Town has no plan for the funds that may be collected from the
payment-in-lieu option for mitigating housing requirements. Funds collected
from this option could be used to construct units or to purchase units and
then resell them after placing a deed restriction upon the property and
selling them for a more affordable price.
Vail Land Use Plan The goals contained in the Vail Land Use Plan are to be* used as the
Town's policy guidelines during the review process for the amendment of a
special development district. Staff has reviewed the Vail Land Use Plan and
be(ieves the following goals, objectives and policies are relevant to the
review of this proposal:
Vail Land Use Plan
9.0 General Growth/Development
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residential, commercial and
recreational uses to serve both, the visitor and fhe permanent
resident.
17
1.3 The quality of development should be maintained and upgraded
whenever possible:
1.12 Vail should accommodate mosf of the additional growth in existing
developed areas (infill areas). ,
2.0 Skier/Tourist Concerns
2.1 The community should emphasize its role as a destination resort
while accommodating day skiers. ~
. 5.0 Residential :
5.1 Addrtional residential growth should continue to occur primarily in
existing, p/atted areas and as appropriate in new areas where
high hazards do not exist.
5.3 Affordable employee housing should be made available through ,
private efforts, assisted by limited incentives, provided by the
Town of Vail with,appropriate restricfions.
r
5.5 The existing emp/oyee housing base should be preserved and
upgraded. Additional employee housing needs should be .
accommodated at varied sites throughout the community.
Staff believes the proposed development generally furthers the above
referenced goals, objectives and policies and, therefore, is in general
compliance with the Vail Comprehensive 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, the
Cornerstone development site is not located in any geologically sensitive
areas or within the 100-year floodplain of Gore Creek or its tributaries. F. Site plan, building design and location and open space provisions
designed to produce a functional development respdnsive and
sensitive to natural features, vegetation and overall aesthetic quality
of the community.
Site Plan ,
Staff believes the proposed site design will have positive overall impacts on
the appearance and functionality of the area. .
The site is a steep hillside resulting from, development of Westhaven Drive '
(fill) and is vegetated with native •grasses (re-seeded after construction of
Westhaven Drive). There are no trees or other significant vegetation on the
site and the site has been used for snow storage and construction staging
historically. Therefore, the development of the Cornerstone Building poses
18
no negative impact on "natural features.,. On the contrary, Staff believes
that development of this site will complete the overall development plan for
Cascade Village and will provide much needed enhancements to sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality
of the area as a portal to Vail Mountain.
However, Staff believes that the applicant should be required to work with
the Town of Vail Town Engineer to create design solutions, both on and off-
site, to provide adequate snow storage within and around the Westhaven
Drive right-of-way. Specifically, the development of this site and the
associated improvements to the bus turn around and skier drop off a-reas,
while not necessarily causing more snow storage need, will impact the
Town's ability to store snow within the Westhaven Drive right-of-way and
within the Cornerstone site itself - a historical use of the site. Therefore,
Staff believes that the applicant should also be required to provide a"Snow
Storage" easement on the northeast corner of subject property, as part of a
snow storage mitigation plan.
Building Design
Staff believes that the proposed building is designed to increase or
enhance functionality of the area while being responsive and sensitive to
the aesthetic quality of the community.
Therefore, Staff believes that the overall aesthetic quality of the community
would be enhanced by the proposed exterior changes and physical
improvements proposed by the applicant will increase the functionality of
the site.
G. A circulation system designed for both vehicles and pedestrians
addressing on and off-site traffic circulation.
The Applicant is proposing changes that will generally improve on-site
parking and maneuverability and which will enhance pedestrian circulation
around and through the site. Specifically, the applicant has agreed to install
portions of sidewalk connections identified by the Town of Vail Public
WorKs Department. In addition, the Applicant proposes to participate in
improvements to Westhaven Drive, including the provision of a bus turn
around, skier drop-off and a potential left turn lane, for exiting movements
out of Cascade Village.
H. Functional. and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and
functions.
Staff believes that the landscape plan greatly enhances the aesthetic
quality of the area by providing new pathways, plantings and ground covers
where none exist today. By completing development in this area, the plaza
connection, or pedestrian way from the hotel to the Cascade Village chairlift
will now include new pathways and (heated) paver areas, a gas fire
piUgathering place and significant new plantings of native trees and shrubs.
These plantings will form the first level of perception from the pedestrian
19
level befinreen pathways and the Cornerstone Building. Plantings are also
• proposed on the plan in a manner and location to strategically "soften" or
break-down building mass and height.
1. Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of
the special development district.
Staff is not aware of any intention on the applicant's behalf to phase this
project, however, should a ptiasing plan be proposed, this criterion must
and will be met in full.
IX. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forwards a recommendation of approval, with
conditions of the proposed amendment to Special Development District No. 4,
Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vai!
Town Code, to the Vail Town Council. Staff's recommendation is based upon the
review of the criteria faund in Section VIII of this memorandum and the evidence
and testimony presented,.subject to the following conditions: Should the Planning and Environmental Commission choose to fonivard a
recommendation of approval to the Vail Town Council of this proposed
amendment to - a Special Development District, the Department of Community
Development recommends the Commission pass the following motion:
"The Planning and Environmental Commission approves, with conditions,
the applicant's request for final review of a proposed major amendment to
a Special Deve/opment District (SDD), pursuant to Sectiorr 92-9A-90,
. Amendment Procedures, Vail Town Code, to allow for an amendment to
Special Development District No. 4, Cascade Village, to aUow for the
. development of a mixed use deve/opment, located at 1276 .Westhaven
Drive (Cornerstone-site)/Unplatted, Vail Cascade Subdivision, and setting
forth details in regard thereto. (PEC070055). Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development Department suggests the following
conditions:
1. That the Deve/oper receives final review and approval of the proposed
developmenf plan by the Town of Vail Design Review Board, prior to
making an application for the issuance of a building permit.
2. That the Developer submits a comp/ete set of civil engineered drawings
of the Approved Development Plans, including fhe following required off-
site improvements;
a. Design and Consfruct Westhaven Drive enfrance improvements
including; additional turn lanes and adequate queuing areas,
landscaped and irrigated medians, (6') sidewa/k connecfions from
the proposed skier portal to the' Fronfage Road on both srdes of
20
Westhaven Drive, a bus turnaround and bus stop meeting Town of
Vail and ECO sfandards, 3 skier drop-off spaces, landscaping and
adequate snow storage areas as approved by the Public Works
Department.
b. Design and Construct A 10' concrete walk along the South
Frontage Road from the western most poinf of the Cascade
Parking/Conference building to a point in front of the Liftside
Condominiums, approximately 680' in length (including
• crosswalk). The walk shall be detached wherever feasib/e and
separated by a minimum of a 5' landscaped and /irrigated buffer.
Such drawings/plans shall be submitted to the Town of Vail Community
Development Department for review and shall receive approval prior to
the Developer making application for the issuance of a building permit.
3. That the Developer shall address and resolve, to the satisfaction of the
Town Engineer, all the comments and conditions identified in the
memorandum from the Town Engineer, and addressed to Scot Hunn,
dated January 25, 2008, on any civil engineered plans submifted in
conjunction with building permits.
4. That the Developer pays in full, the employee housing mitigation fee of
$§6&Zi~JQ Prior to the issuance of a building permit.
5. That the Developer pays in fu/l, the Traffic Impact Fee of $117, 000 (based
on the 18 net pm peak hour trips) prior to the issuance of a building
permit. All or a portion of the fee may be offset by specific capacity
improvements including the cost of the design and construction of the left
turn /ane on Westhaven Drive.
6. That fhe Developer prepares a Cornerstone Buildinq Art in Public P/aces
P/an, for input and comment by the Town of Vail Art in Public P/aces
Board, prior to the request for a temporary certificate of occupancy.
Subject to the above,1 inpuf and comment by fhe Art in Public Places
Board, the Applicant will work_ with Town Sfaff to determine the type and
location of the art to be provided. Said P/an shall include the funding for a
minimum of one (1) public art improvements to be developed in
conjunction with the Comerstone Building project.
7. That the Developer provides the /egally executed and duly recorded Type
11l deed restriction with the Eagle County Clerk & Recorder's Office for the
on-site employee housing unit, and that said unit shall be made availab/e
for occupancy, prior to the issuance of a temporary certificate of
occupancy for the Cornerstone Building project.
Should the Planning and Environmental Commission choose to approve this
amendment, the Community Development recommends the Commission makes
the following findings:
"The P/anning and Environmental Commission finds:
21
1. Thaf the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies - outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town, based upon the review outlined in Section Vll!
of the Staff's January 28, 2008, memorandum tb the Planning and
Environmenta/ Commission; and
2. That fhe amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section
V/ll of the Staffs January 28, 2008, memorandum to the Planning and
Environmental Commission; and
3. That the amendment does promote the health, safety, morals, and
general welfare of the Town, and does promote the coordinated and
harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a
resort and residential eommunity of the highesf quality, based upon
the review outlined in Section Vlll of the Sfaff's January 28, 2008,
memorandum to the Planning and Environmental Commission.
X. ATTACHMENTS
A. Vicinity Map
B. Reduced Architectural and Engineering Plans
C. Cornerstone report/analysis (by Rick Pylrrian, Pylman & Associates, Inc.)
D. Ordinance No. 31, Series 2007, SDD No. 4
22
Attachment A
. .;Co . . . ' -7 ,
Corraerstone ndos
Cascade Village =Area A-.(1276 Westhaven Dnve)..
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23
.
Attachment B
ORDINANCE NO. 5
SERIES OF 2008
AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 2008, IN ACCORDANCE
WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW
FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL
CASCADE SUBDIVISION; AND TO RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN
FOR THE CORNERSTONE SITE, AREA A, CASCADE VILLAGE, TO ALLOW FOR THE
DEVELOPMENT OF A MIXED USE DEVELOPMENT, LOCATED AT 1276 WESTHAVEN
DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously approved development plans for Special Development Districts; and
WHEREAS, Ordinance No. 10, Series of 2008, repealed and re-enacted Ordinance No.
31, Series of 2007; to amend and re-establish the approved development plan for Area A,
Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site",
located at 1300 Westhaven Drive, Cascade Village; and;
WHEREAS, the purpose of this ordinanee is to amend Ordinance No. 10, Series of
2008, to amend and re-establish the development standards for Development Area A; Cascade
Village and to amend and re-establish the site specific developm'ent plan for the "Cornerstone
Site", within Development Area A, to allow for the construction of the proposed Cornerstone
Building; and
WHEREAS, to the extend that there are any previous site specific development plan
approvals or development standards established for the "Cornersfone Site", this ordinance is
intended to specifically supersede and otherwise cause any previous site specific development
plan approvals or development standards for the "Cornerstone Site" to become null and void;
and
1
Ordinance No. 5, Series of 2008 - First Reading
WHEREAS, any and all site specific development plans and development standards
approved and/or established for planning areas and sites within SDD No. 4, not specifically
affected by this ordinance, shall remain valid and in full effect; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning and Environmental Commission held a public hearing on the major amendment
application and has submitted its recommendation of approval to the Vail Town Council; and
WHEREAS, all notices as required by the Vail Town Code -have been sent to the
appropriate parties; and
WHEREAS, on January 28, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval,
with conditions, for the proposed major amendments to Special Development District No. 4,
Cascade Village, to the Vail Town Council in accordance with the procedures and criteria and
findings outlined in Title 12, Zoning Regulations, Vail Town Code; and,
WHEREAS, the Vail Town Council finds that the major amendment is consistent with
the applicable elements of the adopted : goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the
_ Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1,
2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and,
WHEREAS, the Vail Town Council finds that the amendment does further,the general
and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII
of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission,
and as outlined in Section IV of the Staf s July 1, 2008, memorandum to the Vail Town Council,
2
Ordinance No. 5, Series of 2008 - First Reading
and the evidence and testimony presented; and,
WHEREAS, the Vail Town Council finds that the major amendment promotes the health,
safety, morals, and general welfare of the Town, and promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon the review outlined in Section VIII of the Staff's January 28, 2008,
memorandum to the Planning and Environmental Commission, and as outlined in Section IV of
the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and
testimony presented.
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 g#/additions are shown in bold italics): ,
Purpose
Special Devetopment District No. 4 is established to ensure comprehensive development
and use of an area in a manner that will, be harmonious with the general character of the
Town, provide adequate open space and recreational amenities, and promote the
objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created
to ensure that the development density will be relatively low and suitable for the area and
the vicinity in which it is situated, the development is regarded as complementary to the
3
Ordinance No. 5, Series of 2008 - First Reading
Town by the Town Council and the Planning and Environmental Commission, and
because there are significant aspects of the Special Development District which cannot be
satisfied through the imposition of standard zoning districts on the area.
Definitions
For the purposes of this chapter, the following definitions shall apply:
A. "Special attraction" shall be defined as a museum, seminar or research center or
performing arts theater or cultural center.
B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a
dwelling unit located in a multi-family dwelling that is managed as a short term rental in
which all such units are operated under a single management providing the occupants
thereof customary hotel services and facilities. A short term rental shall be deemed to be
a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square
feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The
kitchen shall be designed so that it may be locked and separated from the rest of the unit
in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or
balconies without passing through another accommodation unit, dwelling unit, or a
transient residential dwelfing unit. Should such units be developed as condominiums, they
shall be restricted as set forth in Section 13-7 Condominiums and Condominium
Conversions, Subdivision Regulations. The unit shall not be used as a permanent
residence. Fractional fee ownership shall not be allowed to be applied to transient
dwelling units. For the purposes of determining allowable density per acre, transient
residential dwelling units shall be counted as one half of a dwelling unit. The transient
Ordinance No. 5, Series of 2008 - First Reading
.
residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per
each 100 square feet of GRFA with a maximum of 1.0 space per unit.
Established A. Special Development District No. 4 is established for the development on a parcel
of land comprising 97.955 acres and Special Development District No. 4 and the 97.955
acres may be referred to as "SDD No. 4.,, B. The district shall consist of five separate development areas, as identified in this
ordinance consisting of the following approximate sizes:
Area Known As Development Area Acreage
Cascade Village A 17.955 Coldstream Condominiums B 4.000
Glen Lyon Primary/Secondary and Single Family Lots C 29.100
Glen Lyon Commercial Site D 1.800.
Tract K E 8.322
_ Dedicated Open Space 32.078
. Roads 4.700
TOTAL 97.955
Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be
subject to a single development plan. Development Area A shall be allowed to have two
development plans for the Cascade Club site as approved by the Town Council. The
VVateFfc)Fd Liftside Condominiums Building 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
. 5
Ordinance No. 5, Series of 2008 - First Reading
~
development statistics section of this ordinance. Amendments to SDD No. 4 shall
comply with Section 12-9A, Vail Town Code.
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-76-
3, (Commercial Core 1), Vail Town Code, except for in the SM Cascade Residences
building, where office and-edusat+e~al uses shall be permitted on the first floor. 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, educational, and office except that no professional 'or business office
shall be located on street level or first floor, with the exception noted above, unless it is
clearly accessory to a lodge or educational institution except for an office space having a
maximum square footage of 925 square feet located on the first floor on the northwest
comer of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the MURisipal Vail Town
Code;
Ordinance No. 5, Series of 2008 - First Reading.
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 AAURisipal
Vail Town 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. .
E. Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive nature walks. 3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, e#tfie
Conditional Use Permits, Vail Town Code. -
7
Ordinance No. 5, Series of 2008 - First Reading
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet. '
2. Special attraction;
3. Ski lifts; '
4. Public Park and recreational facilities; ~
, 5. Major arcades with no frontage on any public way, street, walkway or mall
area.
6. Transportation Business.
7: Temporary Use of the Tennis Facility for Conferences and Conventions
B. Area B, Coldstream Condominiums 1. Public Park antl 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 Chapter 12-2, Vail
Town Code. ,
E. Area E, Tract K
1. Public parks.
8 ,
Ordinance No. 5, Series of 2008 - First Reading
Y i
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.
Accessory Uses
' A. Area A. Cascade Village
1. Minor arcade.
2. Home occupations, subje.ct to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code.
3. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses. -
4. Other uses customarily incidental and accessory to permitted or conditionat
uses, and necessary for the operation thereof. .
B. Area B, Coldstream Condominiums
1. Home occupations, subject to issuance of a home occupation permit in
9'
Ordinance No. 5, Series of 2008 - First Reading
.
accordance with the provisions of Title 12; Zoning -Regulations, Vail Town Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses,
and necessary for the operation thereof.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Home occupations, subject to issuance, of a home occupation permit in
, accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
' 3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
D. Area D, Glen Lyon Commercial Site
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code.
• 2. . Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
4. Minor arcade.
10
Ordinance No. 5, Series of 2008 - First Reading
Location of Business Activity
A. All offices, businesses, and shall be operated and conducted entirely within a
building, except for permitted unenclosed parking or loading areas, and the outdoor
display of goods. ,
B. The area to be used for outdoor display must be located directly in front of the
establishment displaying the goods and entire{y upon the establishment's own property.
Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by
outdoor display.
Densify--Dwelling Units
The number of dwelling units shall not exceed the following:
A. Area A, Cascade Village
In Area A, , a total of two hundred
eighty eight (288) accommodation or transient dwel{ing units and a maximum of ene
hundr,ed-en° one hundred thirty one (131) dwelling units for a tota{ density of WIe
hundrerl e.,e.,+., (270) two hundred sevenfy five (275) dweQing units. B. Area B, Coldstream Condominiums
Sixty-five (65) dwelling units
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
One-hundred four (104) dwelling units.
D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwe{4ing housing units
11
Ordinance No. 5, Series of 2008 - First Reading
(EHUs) as defined within Chapter 12713, Vail Town Code.
Density--Floor Area A. Area A, Cascade Village
The gross residential floor area (GRFA) for all buildings shall not exceed 289,145
356,680 square feet. B. Area B, Coldstream Condominiums ' Sixty-five thousand square feet (65,000 sq. ft.) GRFA.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
GRFA shall be calculated for each lot based on the Two-Family
,
Primary/Secondary Residential District, per Section 12-6D-8 (9ensity Ge~
Densify Control, Vail Town Code.
D. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Commercial Square Footage
A. Area A, Cascade Village
Area A shall not exceed 35,698 square feet of commercial area.
B. Area D, Glen Lyon Commercial .Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS
12
Ordinance No. 5, Series of 2008 - First Reading
This table is a compilation of information fram `Chart 1' and `Chart 2' in Ordinance No 31,
Series of 2007 and the best available information found at the time including floor plans and
Staff memorandums.
a PaFkong
yse AsseMmodatien 9well+Rg 6RPA (squcife CommeFGi
un+ts UPAs #eeo ~ ~+~ed
*
AAWFase ~8 54,434 64
Uftside 29 + i 47,590 ~ 56
E#j!S
6assades ~ 4-2
vUesthaven 4-3 32;009 29
6andemin+unis
6assa~e 44 43
ResideMes
474
~se As~sernm 6dat+9R 8we" GeFnmeFS~a PaFklna
UPAs U-R" feeq ReqUiFeFneRt
~
Gac:G-ad-C-FitltCi 44E9 - -dd;`#r 445
~n
~-7
rl„~n 35 VC
vr~u~v
Restawant
#et&Ga#e Z,460 48
pep~~- 2-,494 ~
FoFeside Bar 45
akle~ a-,~ ~
4-2-0 ~a a-A5
Tnn ~e4~i1 d~C7 2-0
T~.. ~ .rr~+ .......o . ~Q
TTAGAT~~ • `v ~ t fi
DI..C?etail 2-,024 7
P'az:a 35
GEpfeFeR6@
~RRS 30
424
e usereredit (10-0 , - 42ai v
T~:t / A 114
42-
*
13
Ordinance No. 5, Series of 2008 - First Reading
TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS
This table is a compilation of information from `Chart 1' and `Chart 2' in Ordinance No 31,
Series of 2007. and the best available information found at the time including floor plans and
Staff memorandums.
,
Q RFAs sqSftl*~,~ EHUs f~Comm u, ~On~` Site Casca e~ ~~b
t' ta'~sh 4 .3.g, [9 s ri^ca- ' ;S~°S 1 ;^tl e ~
aa:;tta3.;W,w;`~$1;d~~r;T,,ast.~,,
r'"`.~s~ . 'w'"~''~a'u~',t'~G"'7"xF~`~^'k'•"~Y,s e *si ' ` ~
Liftside Condos 29 48,600 2 56
(formerly Waterford)
Westhaven 13 32,000 29
' Condominiums
Millrace 39 47,984 64
Phase I, II, IV
The Cascades 6 11,987 12
(formerly Millrace III)
Cascade 22 47,151 13 16
Residences
a roved)
Blue Tiger 1,600 13.3
Office/Retail 5,061 16.3
Cascade Hotel 148 55,457 115
Chaps Restaurant 4,735 39.5
Hotel Cafe 2,160 18
Pepi Sports 2,491 8
Fireside Bar 1,800 15
Terrace Rooms 120 58,069 105
Terrace Retail 5,856 20
Plaza Rooms 20 7,205 16.
Plaza Retail 2,024 7.
Plaza Conference 8,297 35
Fitness Club 5,886 30
Cornerstone 22 0 48,407 4 623 56 0
Tofa/ 131 288 356,860 6 40,533 230 454.1
Multiple Use Credit (10% of required) . -45.4
Total Required Parking in Cascade Structure 408.7
Total Parking Spaces Provided in Parking Structure 421
Total Surplus Parking Spaces in Parking Structure 12.3
"GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #6.
14
Ordinance No. 5, Series of 2008 - First Reading ,
Development Plans
Area A, Cascade Village
Site specific development plans are approved for Area A and Afea 9.
, Ltd.
' , . . The following documents
comprise the development plan for the SDD as a whole, Littside Condomiums
Building (formerly known as Waterford), -Cascade Residences (formerly known as
the "CMC Building") Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace
IV, and .
1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson.
2. Waterford, Sheet, #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt,
Schultz.
3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt,
Schultz. ,
4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey,
Pratt, Schultz.
5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level. 59'-0:/64'-3" by Gwathmey,
Pratt, Schultz.
6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey,
Pratt, Schultz.
7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, .
Pratt, Schultz. ,
8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt,
Schultz.
9. WaterFord, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt,
Schultz.
10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt,
Schultz.
15
Ordinance No. 5, Series of 2008 - First Reading
c
11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt,
Schultz.
12.. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt,
Schultz.
13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz.
14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz.
15. Waterford, Sheet #4.1., dated 11-4-92, Sections Gwathmey, Pratt, Schultz.
16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratf, Schultz.
18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schulti.
19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Fratt, Schultz.
21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
23. Cascade Club Addition Site Plan, Roma, 10/10/88.
24. Cascade Club Floor Plan, Roma, 10/10/88.
25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden.
26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence,
Steven James Riden.
27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence,
. Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building,
Steven James Riden.
29. Millrace- III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building,
Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt,
10/28/91.
32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt,
10/22/91.
16
Ordinance No. 5, Series of 2008 - First Reading
33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnoid Gwathmey Pratt,
10/23/91.
34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson
Associates.
35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped.
36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner,
6/8/87.
37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88.
38. Cascade Village Special Development District Amendment and Environmental
Impact Report: Peter Jamar Associates, Inc., revised 11/22/88.
39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94
40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92
41. The Approved Development Plan for Area A, Westhaven Condominiums,
containing the following Sheets:
wg. # itle uthor ate
-1.0 itle Sheet orter Architects 03-15-05
-1.1 icinity Map . , orter Architects 01-31-05
-1.2 RFA Summary orter Architects 03-15-05
-1.3 Spring Equinox Sun Shading orter Architects 01-31-05
-1.4 Summer Solstice Sun Shading orter Architects 01-31-05
-1.5 all Equinox Sun Shading orter Architects 01-31-05
-1.6 Winter Solstice Sun Shading orter Architects 01-31-05
-1.7 Site Plan orter Architects 03-15-05
001 Cover Sheet lpine Engineering 03-14-05
002 rading Plan (West Hal fl lpine Engineering 03-14-05
003 rading Plan (East Hal fl Ipine Engineering 03-14-05
C004 Storm Drainage Plan Ipine Engineering 03-14-05
005 rading and Drainage Details lpine Engineering 03-14-05
006 tility Plan lpine Engineering 03-14-05
17
Ordinance No. 5, Series of 2008 - First Reading
007 tility Details lpine Engineering 03-14-05
C008 emolition Plan Ipine Engineering 03-14-05
-1 Landscape Plan ennis Anderson Assoc. 03-15-05
-2 andscape Plan - Cascade Club ennis Anderson Assoc. 03-15-05
2.0 arking Level Plan orter Architects 03-15-05
2.1 irst Floor Plan . orter Architects 03-15-05
2.2 Second Level Plan orter Architects 03-15-05
2.3 hird Level Plan . orter Architects 03-15-05
2.4 ourth Level Plan orter Architects 03-15-05
2.5 oof Plan orter Architects 03-15-05
3.1. uilding A Elevations orter Architects 03-I S-OS
3.2 uilding B Elevations orter Architects 03-15-05
4.0 uilding Sections orter Architects 02-14-05
4.1 uilding Sections orter Architects 02-14-05
4.2 uilding Sections orter Architects 02-14-05
42. Approved Development Plan for Area A, Cascade Residences, containing the following
sheets:
wg. # itle uthor ate
-2.20 Second Floor Plan D Architects 01-28-07
-2.30 hird Floor Plan D Architects 01-28-07
-2.40 ourth Floor Plan D.Architects 01-28-07
-2.50 ifth Floor Plan D Architects O 1-28-07
-3.10 ast and North Building Elevations D Architects 01-28-07
-3.20 est and South Building Elevations D Architects 01-28-07
*
. , ,
,
18
Ordinance No. 5, Series of 2008 - First Reading
43. Approved Development Plan for Area A, Cornersfone Site, containing the
following sheets:
wg. # Title uthor ate
I andscape P[an ennis Anderson 06-20-08
1 chematic Bus Turnaround lpine Engineering 06-03-08
-2.OOa ite Plan GPSL Architects, P. C 06-12-08
-2.OOb tie Plan GPSL Architects, P.C. 06-12-08
-2.01 ower Leve! Parking GPSL Architects, P. C. 06-12-08
-2.02 Upper Level Parking - Plaza Level GPSL Architects, P.C. 06-12-08
-2.03 Westhaven Drive Ground Level GPSL Architects, P.C 06-12-08
-2.04 Westhaven Drive Level One GPSL Architects, P.C. 06-12-08
-2.05 • Level Two GPSL Architects, P.C. 06=12-08
-2.06 Level Three GPSL Architects, P.C. 06-12-08
-2.07 Level Four CPSL Architects, P.C. 06-12-08
-2.08 Level Five GPSL Architects, P.C. 06-12-08
-2.09 Level Five Lojt GPSL Architects, P. C. 06-12-08
-2.10 oof Plan , GPSL Architects, P.C. 06-12-08
-3.10 levation: West @ Loft Side GPSL Architects, P. C. 06-12-08
-3.20 levation: East @ Cascade GPSL Architects, P. C. 06-12-08
-3.30 levation: North and South GPSL Architects, P.C. 06-12-08
- 14-3.40 levation/Section: East @ Liftside GPSL Architects, P.C. 06-12-08
Area C, Glen Lyon Prima ry/Seconda ry and Single Family Lots
1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design
Workshop, Inc., dated 11-9-98.
19
Ordinance No. 5, Series of 2008 - First Reading
.
~
Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for
previous requirements.
Development Standards (deletions are shown in stF+lee-threUg#/additions are shown in bold
italics)
The development standards set -out herein are approved by the Town Council. These
standards shall be incorporated into the approved development plan pertinent to each
development area to protect the integrity of the development of SDD No. 4. They are minimum
development standards and shall apply unless more restrictive standards are incorporated in
the approved development plan wh'sb-is adopted by the Town Council.
Setbacks ,
A. Area A, Cascade Village ,
Required setbacks shall be as indicated in each development plan with a minimum
setback on the periphery of the property (Area A) of not less than twenty feet, with the
exception that the setback requirement adjacent to the existing Cascade parking
structure/athletic club building shall be two feet as approved on February 8, 1982, by the
Planning and Environmental Commission, and with the exception that the setback
requirement of a portion of the Westhaven Condominiums building, as indicated on the
approved development plans referenced in this ordinance, shall be 14 feet. All buifdings
shall maintain a 50 foot stream setback from the centerline of Gore Creek. ' The
VVateFfeFd Liftside Condominiums bBuilding shall maintain a minimum 20 foot setback
from the north edge of the recreational path along Gore Creek.
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
Required setbacks shall be based on the Two-Family
Primary/Seconday Residential District, Section 12-6D-76, Setbacks; e#-the
20
Ordinance No. 5, Series of 2008 - First Reading
Vail Town Code. For single-family Lots 39-1 and ,
39-2, development shall occur per the approved building envelopes and is subject to the
following:
All future development will be restricted to the area within the building envelopes.
The only development permitted outside the building envelopes shall be
landscaping, driveways (access bridge) and retaining walls associated with
driveway construction. At-grade patios (those within 5' of existing or finished
grade) will be permitted to project beyond the building envelopes not more than
ten feet (10') nor more than one-half (1/2) the distance between the building
envelope and the property line, or may project not more than five feet (6) nor
more than one-fourth (1/4) the minimum required dimension between buildings.
D. Area D. Glen Lyon Commercial Site
Required setbacks shall be as indicated on the approved development plans.
Height .
A. For the purposes of SDD No. 4 calculations of height, height shall mean the
distance measured vertically from the existing grade or finished grade (whichever is
more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of a sloping roof unless otherwise specified in approved development
plan drawings. B. Area A, Cascade Village
1. The maximum height for the Westin Hotel, CMC Learning Center,
Terrace Wing, Plaza Conference Building and Cascade Parking
Structure/Athletic Club is 71 feet.
2. Cornerstone Building: Maximum height of 71 feet.
3. VVateFfeFd Liftside Condominiums Building: Maximum height of feet as
measured from finished grade to any portion of the roof along the north elevation
shall be 55' (South Frontage Road), 56' along the west elevation Westhaven
Drive, and 65 feet along the south and east elevation as measured from finished
21
Ordinance No. 5, Series of 2008 - First Reading
I. '
' grade. 4. Westhaven Building: A maximum of 55 feet.;
5. Milirace III: A maximum of 36 feet.
6. Millrace IV: A maximum of 36 feet.
7. ' Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
9. The remainder of buildings in Area A shall have a maximum height of 48
feet.
C. Area B. Coldstream Condomihiums
The maximum height sha!l be 48 feet.
D. Area C. Glen Lyon Primary/Secondary and Single-Famiiy Lots
The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or
mansard roof. ;
E. Area D. Glen Lyon Commercial Site
51 % of the roof shall have a height befinreen 32 and 40 feet. 49% of the roof ar.ea
shall have a height under 32 feet. On the perimeter of the bui(ding for Area D, height is
measured from finished grade up to any point of the roof. On the interior area of any
building, height is measured from existing grade up to the highest point of the roof.
Development plan drawings shall constitute the height allowances for Area D.
Site Coverage
Area A: Not more than 45% of the total site area may be covered by buildings
unless otherwise indicated on the site specific development plans.
Area B: No more than 35% of the total site area shall be covered by buildings,
,
provided, if any portion of the area is developed as an institutional or
educational center, 45% of the area may be covered unless otherwise
indicated on the site specific development plans.
Area C: No more than 25% of the total site area shall be cavered by buildings,
unless the more restrictive standards of Chapter 12-21 of the Vail
Municipal Code apply.
,
22
Ordinance No. 5, Series of 2008 - First Reading
\ Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure.
Landscaping
At least the following percentages of the total development area shall be landscaped as
provided in the development plan. This shall include retention of natural landscape, if
appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent
(60%), of the area shall be landscaped unless othen?vise indicated on the site specific
development plans.
i
Parking and Loading
A. Area A, Cascade Village
1. Off-street parking shall be provided in accordance with Chapter 12-10,
Vail Town Code, except that 75% of the required parking in Area A shall be
focated within a parking structure or buildings with the exception of Millrace IV,
Scenario I, wheFe 66.6% and the Westhaven Condominiums, where 66.6% and
avhefe 71 respectively, of required parking shall be enclosed in a building.
2. There shall be a total of 421 spaces in the main Cascade Club parking
structure. A 17.5 percent mixed-use credit per the Town of Vail parking code,
has been applied to the total number of•required parking spaces in the Cascade
structure.
3. There shall be a total of 58 on-site parking spaces on the Waterford
Liftside Condominiums bBuilding site with a minimum of 75% of the required
space located below grade. No mixed use credit shall be applied to this site.
4. There shall be a minimum of 93 56 enclosed parking spaces located
within the Cornerstone building '
. No mixed use credit has been applied to this lot.
. 5. The third floor of the Cascade parking structure shall not be used to meet
any parking requirements for accommodation units, transient residential dwelling
units, employee dwelling units or dwelling.units.
23
Ordinance No. 5, Series of 2008 - First Reading
6. Phasing: All required parking for Cornerstone and VVateFfGFd Liftside
Condominiums Building shall be located on their respective sites. All required
parking for the Cascade Club Wellness Center Addition Scenario 1 shall be
~
provided in the Cascade parking structure. `
7. Seventy-five percent of the required parking shall be located within the
main building or buildings and hidden from public view from adjoining properties
within a landscaped berm for Millrace III.
8. All loading and delivery shall be located within buildings or as approved in
the development plan.
B. Area B. Coldstream Condominiums
Fifty percent of the required parking shall be located within the main building or
buildings and hidden from public view from adjoining properties within a
landscaped berm.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lofs .
Off-street parking shall be provided in accordance with Chapter 12-10 of the
Municipal Code. D. Area D, Glen Lyon Commercial Site
1. Once the parking structure is constructed, the parking and access to
Area D shall be managed per, the TDA Parking Report, Parking Management
Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking
Analysis Update, dated January 16, 1990, both written by Mr. David Leahy.
2. No loading or delivery of goods shall be allowed on the public right-of-way
along the South Frontage Road adjacent to the Area D development.
3. The owner of the property and brewery management shall prohibit
semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only
truck loading that.shall be allowed to the site shall be vans fiaving a maximum
length of 22 feet. 24
Ordinance No. 5, Series of 2008 - First Reading
Recreation Amenities Tax Assessed
The recreational amenities tax due for the development within SDD No. 4 under Chapter
3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in
Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA
in Development Area C; and at a rate not to exceed seventy-five cents per square foot
of floor area in Development Area D; • and shall be paid in conjunction with each
construction phase prior to the issuance of building permits.
Conservation and Pollution Controls
A. The developer's drainage plan shall incJude a provision for prevention of pollution
from surface runoff.
B. The developer shall include in the building construction, energy and water
conservation controls as general technology exists at the time of construction.
C. The number of fireplaces permitted shall be as set forth in the Vail Town Code
as amended.
D. If fireplaces are provided within the development, they must be heat efficient
through the use of glass enclosures and heat circulating devices as technology exists at
the time of development.
E. All water features within Development Area A shall have overflow storm drains
per the recommendation of the Environmental Impact Report by Jamar Associates on
Page 34.
F. All parking structures shall have pollution control devices to prevent oil and dirt
from draining into Gore Creek.
G. In Area D, a manhole on the brewery service line shall be provided so that the
Upper Eagle Valiey Consolidated Sanitation District may monitor BOD strength.
H. In Area D, the brewery management shall not operate the brewery process
during temperature inversions. It shall be the brewery owner's responsibility to monitor
.
inversions.
1. All trash compactors and trash storage areas shall be completely enclosed within
25
Ordinance No. 5, Series of 2008 - First Reading
r •
Special Development District 4.
J. Protective measures shall be used during construction to prevent soil erosion
info Gore Creek, particularly when construction occurs in Areas A and D.
K. The two emplayee dwelling units in Area D shall only be allowed to have gas
fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development
District No. 4.
A. The developer sha11 provide or work with the Town to provide adequate private
transportation services to the owners and guests so as to trarisport them from
the development to the Village Core area and Lionshead area as outlined in the
approved development plan.
B. Area A, Cascade Village .
1.. The developer of the Westhaven Condominiums building shall construct
a sidewalk that begins at the entrance to the.Cascade Club along Westhaven
Drive and extends to the west in front of the Westhaven building to connect with
the recreational path to Donovan Park,. as indicated on the approved
development plans referenced in this ordinance. The walk shall be constructed
when a building permit is requested for the Westhaven Condominiums. The
, sidewalk shall be part of the building permit plans. The sidewalk shall be
constructed subsequent to the issuance of a building permit and prior to the
issuance of a temporary certificate of occupancy for the Westhaven
Condominiums. ,
21 The developer shafl provide 100-year floodplain information for the area
adjacent to the Waterford and Cornerstone buildings to the Town of Vail
Community Development Department before building permits are released for
either project. .
GememteRe
26
Ordinance No. 5, Series of 2008 - First Reading
C. Area D, Glen Lyon Commercial Site.
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements. Employee Housing
The development of SDD No. 4 will have impacts on available employee housing within
the Upper Eagle Valley area. In order to help meet this additional employee housing
need, the developer(s) of Areas A and D shall provide employee housing. In Area D,
the above referenced employee housing requirement shall be provided on site. For the
Westhaven Condominiums site, the employee housing requirement shall be met as set
forth in Condition 3 heFein , as set forth in Ordinance No. 12, Series of 2005. The
developer(s) of Area A shall build a minimumof
2 within the Liftside Condominium
Building.
. There shall be a total of 2 employee dwelling units
in the WateFfgFd Liftside Condominiums Building. One shall be a minimum of 300
square feet and the other a minimum of 800 square feet. The developer of the
Westhaven Condominiums building shall provide 4,400 square feet of employee
housing pursuant to the terms of an agreement reached with the Town of Vail as
described in Condition 3, as set forth in Ordinance No. 12, Series of 2005.
The developer of Area D shall build 2 employee dwelling units in the Area D east
building per the approved plan for the East Building. In Area D one employee dwelling
unit shall have a minimum GRFA of 795 square feet and the second employee dwelling
unit shall have a minimum GRFA of 900 square feet. The GRFA and number of
employee units shall not be counted toward allowable density or GRFA for SDD No. 4.
All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of
27
Ordinance No. 5, Series of 2008 - First Reading
the Vail Town Code prior to issuance of building permits for the respective project.
In Area C, Lots 39=1 and 39-2, shall be required to provide a Type II, Employee Housing
Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq: ft. each, on
each lot. These lots shallnot be entitled to the 500 sq. ft. of additianal GRFA. The 500
sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be
entitled to 300 sq, ft. of garage area credit for the employee housing unit, in addition to
the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is
allowed to remain (no increase in driveway width is required) for all allowed/required
dwelling units and employee housing units on these lots.
Time Requirements
SDD No..4 shall be governed by the procedures outlined in Section 12-9A of the Town
of Vail Town Code, unless such time requirement is amended herein.
Section 2. Special Development District No. 4
Special Development District No. 4 and the development.plans for all sites other than the
development plan for the Cornerstone Site, hereby remain approved for the development of ~
Special Development District No. 4 within the Town of Vail; unless they have otherwise expired:
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part; section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
28
Ordinance No. 5, Series of 2008 - First Reading
Section 4. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code as provided in this
ordinance shall not affect any right whicfi 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 6. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of July, 2008, and a public
hearing for,second reading of this Ordinance set for the 15th day of July, 2008, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
! Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
. 29 Ordinance No. 5, Series of 2008 - First Reading
w,
.
Aftachment
1VIEMORANDUIVi
TO: Scott Hunn
FROM: Rick Pylman
DATE: June 10, 2008
RE: Cornerstone Condominiums, Cascade Village, SDD # 4
The purpose'of this memo is to provide brief background information and to describe changes to
the Cornerstone Condominiums plans that reflect input from town staff and Town Council.
DESCRIPTION OF THE REQUEST
L-O Westhaven, Inc. is requesting a Major Amendment to Special Development District 44, Vail
Cascade, to allow for development plan approval for the Cornerstone site. .The Cornerstone site
is located within Area A of Cascade Village. A development plan was approved via Ordinance
No.l Series of 1993, however, development of the site has not occurred.
BACKGROUND
On January 28, 2008 the Town of Vail Planning and Environmental Commission voted 6-0 to
recommend approval, with conditions, of the proposed amendment to SDD #4.
On February 19, 2008 the Town Council tabled the first reading of Ordinance No. 5, Series of
2008. The council articulated several issues with the proposed development plan.
(1) The development plan represented an increase of 2,494 square feet above the total
GRFA currently approved/calculated for Area A of Cascade Village, according to Town
of Vail staff calculations made at that time. Direction to the applicant was that GRFA i
should remain within the limitations of the current approval for Area A.
(2) The proposed building heights ranged from 60' at the east wing of the building to 91' at
the west wing. The allowable building height specified for Cornerstone is 71'. General
direction was given to lower the building height and several council members directed
building height to remain within the 71' limitation.
(3) Other issues included the level of public benefit proposed in relation to the requested
deviation from GRFA and building height, and questions regarding overall Cascade
Village parking requirements and overall Cascade Village EHCT requirements.
'
On April 15, 2008 the applicant also met with the Vail Town Council in an evening work session
format to clarify height and employee housing comments made at the January 28 hearing.
Additional comments made by Town Council included:
(1) Keep building height at approved level of 71'
(2) Maintain 50% of required EHU space on-site. (3) Add to the public benefit of the project by addressing the skier drop-off and snow
storage issues at Westhaven Drive.
RESPONSE TO TOWN COUNCIL DIRECTION.
GRFA We haye revised the building plans to reduce GRFA by removing 3,092 square feet from the
building. T'his,brings the building below the current allowance for Area A by over 500 square
feet as had been previously calculated by staff. Since the April 15, 2008 work session additional
information has been discovered by Town Staff that raises significant questions about the overall .
GRFA calculations for Area A. This issue is beyond our control, affects at least one previous
redeyelopment approval granted by the Tovcm and will need to be discussed in deta.il with Town
Council.
BUILDING HEIGHT
The architectural plans have been amended to maintain a building height of 71'. This building
height is in conformance with the building height limitations in the applicable SDD # 4
approvals and ordinances. ' EHU The plans have been amended to incorporate over 50% of the required EHU space on-site.
Although this is not a requirement of this project the applicant will comply with the Town
Council suggestion to include 50% of the EHU space on-site. The propvsed building GRFA is
48,407 sq. ft., the 10% required EHU space therefore equates to 4,841 sq. ft. In addition there is
a 54.6 sq. ft. requirement for-the increase in size of the lift ticket sales office. Therefore the total
mitigation requirement is 4,895.6 sq. ft. We are proposing 2,621 sq. ft. on-site. This equates to
53% of the required EHIJ space on-site. The remainder will be met via either pay-in-lieu or by
an off-site provision.
`
SKIER DROP OFF/SNOW STORAGE /PUBLIC BENEFIT
,
The applicant and the Town of Vail Engineering and Public Works staff have met several times
to review this issue and discuss potential solutions. The applicant then developed a plan for the
\
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Westhaven Drive area that incorporated all of the Town staff suggestions and we believe
adequately addresses the snow storage and skier drop off concerns. The plan provides a
snowmelt system for a large portion of the cul-de-sac area, creates additional functional snow
storage/landscape areas that are designed to be fully accessible by snow removal equipment,
delineates bus lanes and skier drop off areas and presents a much improved design and landscape
improvement to this area. The plan also includes theWesthaven Drive left turn lane and a
sidewalk along the west side of Westhaven Drive to the Frontage Road intersection as requested
by the Town staff. This plan was designed in conjunction with Town staff and has the support of
the Public Works Department.
Additional public benefits above and beyond the Westhaven Drive improvements include:
• A committnent for an expenditure of $50,000 towards public art. This public art
commitment will meet the Town of Vail standards adopted for Art in Public Places.
• The significant improvements to the public skier experience that include a skier dedicated
elevator that creates full accessibility to this chairlift, a covered skier access staircase,
new lift ticket windows and offices, new public bathrooms and a snowmelted plaza with
a firepit area. This plaza area is the most likely location for the public art component
mentioned above. • A fully functional loading zone that will be shared with our neighbors, potentially
eliminating the on street loading that often occurs at the conference center location.
SUMMARY •
The proposed revisions to the Comerstone building has resulted in a decrease in building height,
GRFA and has reduced the number of proposed units to 22 free market units. The applicant has
incorporated all of the input and recommended revisions from Town Staff and Toum Council.
The project proposes significant improvements that will benefit the general public, the overall
community and the neighborhood. The building height is consistent with the approved SDD.
The bulk and mass of the building are in conformance with the bulk and mass of previous
approvals for this site. •
Attachment D
Plant Legend
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MEMORANDUM
TO: Town Council
FROM: Community Development Department DATE: July 1, 2008 SUBJECT: Ordinance No. 12, Series of 2008, for a prescribed regulations
, amendment to Chapter 12-16, Conditional Use Permits, to allow for the
administrative review and approval of specific conditional uses, and
setting forth details in regard thereto. (PEC080103)
Applicant: Town of Vail,
Planner: Bill Gibson
1. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a first reading: of Ordinance No. 12, Series of
2008, for a prescribed regulations amendment to Chapter 12-16, Conditional Use
Permits, to allow for the administrative review and approval of specific conditional uses,
and setting forth details in regard thereto.
The proposed amendments are not intended to change or alter the outcome of a
conditional use permit review, but to streamline the Town's development review process.
The Town of Vail is proposing to streamline the conditional use permit application review
process through the following: e Allowing all Employee Housing Units as permitted uses, rather than some EHUs
being conditional uses; and,
• Allowing communications antennas and appurtenant equipment as permitted
uses in the General Use, Housing, and Commercial Core 3 Districts (they will remain conditional uses in all other districts); and,
• Allowing ATM's as permitted uses in the Commercial Core 1, 2, and 3 Districts
and the Public Accommodation District (Vail Village and West Vail areas); and,
• Allowing amendments to conditional use permits to be reviewed administratively.
II. BACKGROUND At its June 23, 2008, public hearing, the Planning and Environmental Commission
forwarded a recommendation of approval for Ordinance No. 12, Series of 2008, by a
vote of 6-0-0.
III. STAFF RECOMMENDATION
The Community Development Department recommends the Town Council approves, on
first reading, Ordinance No. 12, Series of 2008, for a prescribed regulations amendment .
to Chapter 12-16, Conditional Use Permits, to allow for the administrative review and
approval of specific conditional uses, and setting forth details in regard thereto.
Should the Town Council choose to approve these text amendments, the Community
1
v
y
Development Department recommends the Town Council pass the following motion:
"The Town Council approves, on first reading, Ordinance No. 12, Series of 2008,
an ordinance amending Chapter 12-16, Conditional Use Permits, to allow for the
administrative review and approval of specific conditional uses, and setting forth ,
details in regard thereto. "
Should the Town Council choose to approve Ordinance No. 12, Series of 2008, on first
reading, the Community Development Department recommends the Town Council
makes the following findings:
"1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail Comprehensive
Plan and are compatible with the development objectives of the Town, based
upon Section VI of the Staff inemorandum dated June 23, ' 2008, and the
evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning
Regulations, based upon Section Vl of the Staff inemorandum dated June 23,
2008, and the evidence and testimony presented; and,
3. That the amendments promote the health, safety, morals, and general
welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and residential
community of the highest quality, based upon Section VI of the Staff
memorandum dated June, 23, 2008, and the evidence and testimony
presented. "
V. ATTACHMENTS
Attachment A: Ordinance No. 12, Series of 2008
Attachment B: Memorandum to the PEC dated June 9, 2008
Attachment C: Memorandum to the PEC dated June 23, 2008
2 -
Vail Town Council Attachment A
ORDINANCE NO. 12
SERIES 2008
AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12-
6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-617, LOW DENSITY
MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY
DISTRICT; 12-6H, HIGH DENSITY MULTIPLE-FAMILY DISTRICT; 12-61,
HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-713,
COMMERCIAL CORE 1; 12-71), COMMERCIAL CORE 3; 12-7E,
COMMERCIAL SERVICE CENTER DISTRICT; 12-717, ARTERIAL BUSINESS DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-813, SKI
BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2;
12-913, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER
12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE
PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS
PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT
AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval
for the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning
Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VI of the Staff memorandum to the Planning and Environmental Commission
dated June 23, 2008, and the evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated June 23, 2008, and the
evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated June 23, 2008, and the
evidence and testimony presented. '
~ Ordinance No. 12, Series of 2008, first reading
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as
follows (text to be deleted is in , text that is to be added is bold. Sections of text
that are not amended have been omitted): _
PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted
from the definition of "structure" elsewhere in this title, which is reasonably necessary to
facilitate adequate public utilities and public services. Public utilities and public services
shall include, but not be limited to, distribution, collection, communication, supply or
disposal systems for gas, electricity, water, wastewater, storm water,
. telecommunications, irrigation, solid waste, recycling, and other similar public utilities
and public services. For the purposes of this title, public utility and public service uses
shall not include public transportation facilities, sewage or wastewater treatment
facilities, sanitary landfills, salvage yards, storage yards, ef business offices, or
communications antennas and appurtenant equipment.
USE, ACCESSORY: A use or activity that is subordinate and incidental to a
permitted or conditional use.
USE, CONDITIONAL: A use or activity with unique or special characteristics that
requires additional review to ensure they are located properly with respect to the
objectives of the Zoning Regulations, and to ensure their compatibility with other
surrounding uses and the town at large. Due to their unique characteristics and
the potential for impacts to adjacent uses, conditional uses are often allowed
subject to specific limitations and conditions.
USE, PERMITTED: A principle use or activity allowed by right within a zone
district.
Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is hereby amended as follows:
12-6A-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment. Equestrian facilities located on five (5) acre minimum lot size area on pr.operty bordering
public land.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14=12 of this title.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Section 3. Article 12-613, Single-Family Residential District, of the Vail Town Code is
hereby amended as follows:
12-613-3: CONDITIONAL USES:
2 Ordinance No. 12, Series of 2008, first reading
The following conditional uses shall be permitted; subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.'
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows. Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the
Vail Town Code is hereby amended as follows:
12-6C-3: CONDITIONAL USES:
The following conditional uses 'shall be permitted in the R district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels. ~
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities. Public utility and public service uses.
Ski lifts and tows.
Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is
hereby amended as follows:
12-6D-3: CONDITIONAL USES:
' The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Funiculars and other similar conveyances. .
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools. Public buildings, grounds and facilities.
Public park and recreation facilities. Public utility and public service uses. -
Ski lifts and tows.
Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is
hereby amended as follows:
12-6E-2: PERMITTED USES:
3 Ordinance No. 12, Series of 2008, first reading
12-6E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the RC district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Business offices, as further regulated by subsection 12-16-7A13 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Professional office, as further regulated by subsection 12-16-7A13 of this title.
Public buildings, grounds and facilities.
Public or private schools.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
, •
Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code
is hereby amended as follows: '
12-6F-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
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Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows:
12-6G-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels. . Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
4 Ordinance No. 12, Series of 2008, first reading
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
, •
Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows:
12-6H-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs and civic, cultural and fraternal organizations.
Private parking structures.
Private unstructured parking.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public parking structures.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Timeshare units.
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Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended
as foltows:
12-61-2: PERMITTED USES:
The following uses shall be permitted in the H district:
Bicyc(e and pedestrian paths.
Communications antennas and appurtenant equipment.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space.
12-61-3: CONDITIONAL USES: .
The following conditional uses shall be permitted in the H district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning
and environmental commission) to the use of employee housing and specifically serving
the needs of the residents of the development, and developed in conjunction with
employee housing, in which case the following uses may be allowed. subject to a
conditional use permit:
Automated Teller Machines (ATMs) exterior to a building.
5 Ordinance No. 12, Series of 2008, first reading
Banks and financial institutions.
Business offices and professional offices as further regulated by section 12-16-7 of this
title.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances. Health clubs.
Personal services, including, but not limited to, laundromats, beauty and barber shops,
tailor shops, and similar services.
Retail stores and establishments.
Dwelling units (not employee housing units) subject to the following criteria to be
evaluated by the planning and environmental commission:
A. Dwelling units are created solely for the purpose of subsidizing employee housing
on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for dwelling
' units shall not exceed thirty percent (30%) of the total GRFA constructed on the
property, and
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site
and are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools:
Public buildings, grounds and facilities.
Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment.
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, •
Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is
hereby amended as follows:
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and not occupying more than ten percent (10%) of the total gross
residential floor area of the main structure or structures on the site; additional accessory
dining areas may be located on an outdoor deck, porch, or terrace.
Employee Housing Units, as further regulated by chapter 13 of this title.
Automated Teller Machines (ATMs) exterior to a building.
12-7A-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the PA district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
, Bed and breakfasts, as further regulated by section 12-14-18 of this title. Communications antennas and appurtenant equipment.
Fractional fee club units as further regulated by subsection 12-1677A8 of this title.
Healthcare facilities.
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and occupying befinreen ten percent (10%) and fifteen percent (15%) of the
total 'gross residential floor area of the main. structure or structures on the site. °
Major arcades:
Private clubs and civic, cultural and fraternal organizations.
6 Ordinance No. 12, Series of 2008, first reading
Private parking structures.
Private unstructured parking.
Professional and business offices.
Public and private schools.
Public buildings, grounds and facilities.
Public parking structures.
Public parks and recreational facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions..
Ski lifts and tows.
Theaters and convention facilities.
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•
Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is
hereby amended as follows:
12-713-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
B. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Drugstores.
Florists.
Gift shops. .
Hobby stores.
Jewelry stores.
Leather goods stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
Travel and ticket agencies.
. Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises. .
Cocktail lounges and bars.
Coffee shops.
7 Ordinance No. 12, Series of 2008, first reading
Fountains and sandwich shops.
Restaurants.
3. Lodges.
4. Employee Housing Units, as further regulated by chapter 13 of this title.
5. Additional uses determined to be similar to permitted uses described in
subsections B1 and B2 of this section, in accordance with the provisions of section
12-3-4 of this title so long as they do not encourage vehicular traffic.
6. Automated Teller Machines (ATMs) exterior to a building. ;
12-713-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
B. Conditional Uses: The following uses shall be permitted on second floors above
grade, subject to the issuance of a conditional use permit in accordance with the
` provisions of chapter 16 of this title:
Dog kennels.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Theaters.
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12-713-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
B.Conditional Uses: The following uses shall be permitted on any floor above the
second floor above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title. Any permitted or conditional
use which eliminates any existing dwelling or accommodation unit, or any portion
thereof, shall require a conditional use permit. Such uses may include:
S. , .
Section 13. Article 12-7D, Commercial Core 3 District, of the Vail Town Code is
hereby amended as follows:
12-7D-1: PERMITTED USES:
The following uses shall be permitted in the commercial core 3 district:
Automated Teller Machines (ATMs) exterior to a building.
Banks and financial institutions.
Communications antennas and appurtenant equipment.
Eating and drinking establishments, including the following:
Cocktail lounges and bars.
Coffee shops. Fountain and sandwich shops. ,
Restaurants. -
Employee Housing Units, as further regulated by chapter 13 of this title.
Health clubs. Personal services and repair shops, including the following:
. Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
8 Ordinance No. 12, Series of 2008, first reading
ry
Laundromats.
Shoe repair.
Small appliance repair shops, excluding furniture repair.
Taifors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Auto parts stores.
Bakeries and confectioneries, preparation of products for sale on the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
. Chinaware and glassware stores. Delicatessens and specialty food stores.
Department and general merchandise stores.
' Drugstores. Electronics sales and repair shops. Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
,
Health food stores. .
Hobby stores. ' Household appliance stores.
Jewelry stores.
Leather goods stores. .
Liquor stores. Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores. Additional offices, business, or services determined to be similar to permitted uses in
accordance with the provisions of this section.
12-7D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the commercial core.3 district,
subject to issuance of a conditional use permit in accord with the provisions of .
chapter 16 of this title:
Any use permitted by section 12-7D-1 of this article which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
9 Ordinance No. 12, Series of 2008, first reading
Brew pubs.
, Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage.
Dog kennels.
Drive-up facilities.
Major arcades. '
Massage parlors.
Outside car wash.
Pet shops.
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities. Transportation businesses. , •
Section 14. Article 12-7E, Commercial Service Center District, of the.Vail Town Code
is hereby amended as follows:
12-7E-3: PERMITTED USES:
r The following uses shall be permitted in the CSC district:
Automated Teller Machines (ATMs) exterior to a building.
Banks and financial institutions.
Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service.
Cocktail lounges and bars.
Coffee shops.. -
Fountains and sandwich shops.
Restaurants.
Employee Housing Units, as further regufated by chapter 13 of this title.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats. -
Small appliance repair shops, excluding fumiture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the fo{{owing:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the
premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
10 Ordinance No. 12, Series of 2008, first reading
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores. Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broacicasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to permitted uses in
accordance with the provisions of section 12-7E-2 of this article.
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Bowling alley.
Brew pubs.
Child daycare centers.
Commercial laundry and cleaning services.
Communications antennas and appurtenant equipment.
Dog kennels.
Major arcades.
Multiple-family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this
article.
Private clubs.
Private parking structures.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities.
11 Ordinance No. 12, Series of 2008, first reading
Public utility and public service uses.
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
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Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby
amended as follows:
12-7F-3: PERMITTED USES
The following uses shall be permitted in the arterial business district:
Eating and drinking establishments, as follows, are permitted on the first (street)
level:
, Cocktail lounges and bars.
Coffee shops, fountains, sandwich shops and restaurant.
Employee Housing Units, as further regulated by chapter 13 of this title.
Personal services and repair shops, as follows, are deemed to be generally
accessory and/or supportive of office uses and shall be permitted on the first '
(street) level: Beauty and barber shops.
Shoe repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices and studios.
Radio and television broadcasting studios.
Retail stores and establishments, as follows, are deemed to be generally
accessory and/or supportive of office uses and are therefore permitted so long as
they do not exceed eight thousand (8,000) square feet in floor area for each such
business use and so long as they are located on the first (street) level:
Art supply stores.
Bookstores.
Drugstores.
Florists.
Newsstands.
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar to permitted
uses in accordance with the provisions of section 12-7F-1 of this article. ,
12-7F-4: CONDITIONAL USES:
A.Enumerated: The following conditional uses 'shall be permitted in the arterial business
district, subject to the issuance of a. conditional use permit in accordance with the
provisions of chapter 16 of this title:
Any use permitted by section 12-7F-3 of this article, which is not conducted entirely
within a building. .
Bed and breakfasts as further provided by section 12-14-18 of this title.
Brew pubs.
Child daycare centers.
Communications antennas and appurtenant equipment.
Microbreweries.
Private unstructured parking. Public buildings, grounds and facilities.
12 Ordinance No. 12, Series of 2008, first reading
Public park and recreation facilities.
Public utility and public services uses, including screened outside storage.
Service yards.
Transportation businesses.
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Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby
amended as follows:
12-7G-5: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Animal hospitals and dog kennels.
Automotive service stations.
Building materials stores.
Business offices.
Commercial laundry and cleaning services.
Communications antennas and appurtenant equipment.
Corporation yards.
Machine shops.
Motor vehicle sales and services.
Repair, garages.
Repair shops.
Seasonal plant product business.
Sexually Oriented Businesses.
Ski lifts and tows, and accessory dwelling unit for service personnel.
Tire sales and services, including retreading and recapping.
Transportation businesses.
Trucking terminals and truck service stations.
Warehouses.
Woodworking and cabinet shops.
Accessory uses customarily incidental and accessory to the conditional uses set out in
this section and necessary for the operation thereof.
Additional commercial services determined to be similar to the conditional uses set out in
this section in accordance with the provisions of section 12-3-4 of this title.
Section 17. Article 12-71-1, Lionshead Mixed Use 1 District, of the Vail Town Code is
hereby amended as follows:
12-71-1-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR
OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Brewpubs.
Coin operated laundries.
Commercial storage.
Communications antennas and appurtenant equipment.
Private outdoor recreation facilities, as a primary use.
13 Ordinance No. 12, Series of 2008, first reading
Public buildings, grounds, and facilities.
Public or private parking lots.
Public park and recreation facilities.
Public utility and public service uses.
Seasonal uses or structures utilized for more than fourteen (14) days.
Single-family residential dwellings. Ski lifts and tows.
Television stations.
Two-family residential dwellings.
Additional uses determined to be similar to conditional uses described in this section, in
, accordance with the provisions of section 12-3-4 of this title.
Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is
hereby amended as follows:
12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR
OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Automotive service stations. ,
Bed and breakfasts as further regulated by section 12-14-18 of this title. Brew pubs.
Child daycare centers.
Commercial storage. -
Communications antennas and appurtenant equipment.
Laundromats.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities. Public or private parking lots.
Public parks and recreation facilities.
Public utility and public service uses. ,
Ski lifts and tows. Television stations.
Vehicle maintenance, service, repair, storage, and fueling.
Warehouses.
Additional uses determined to be similar to conditional uses described in this section,.in
accordance with the provisions of section 12-3-4 of this title.
Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code
is hereby amended as follows: 12-8A-2: PERMITTED USES: The following uses shall be permitted in the A district:
Plant and tree nurseries and raising of field, row and tree crops.
Public parks, passive and active recreation areas, and open spaces. Single-family residential dwellings.
Employee Housing Units, as further regulated by chapter 13 of this title.
12-8A-3: CONDITIONAL USES:
14 Ordinance No. 12, Series of 2008, first reading
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapfer 16 of this title:
Any use within public parks, recreation areas, and open spaces which involves
assembly of more than two hundred (200) persons together in one building or group of
buildings, or in one recreation area or other public recreafional facility.
Cemeteries. Communications antennas and appurtenant equipment.
Low power subscription radio facilities.
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools.
Religious institutions.
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
, .
Section 20. Article 12-813, Outdoor Recreation District, of the Vail Town Code is
hereby amended as follows:
12-813-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Accessory buildings (permanent and temporary) and uses customarily incidental and
accessory to permitted or conditional outdoor recreational uses, and necessary for the
operation thereof, including restrooms, drinking fountains, bleachers, concessions,
storage buildings, and similar uses.
Cemeteries.
Equestrian trails, used only to access national forest system lands.
Communications antennas and appurtenant equipment.
Public parks and active public outdoor recreation areas and uses, excluding buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is
hereby amended as follows:
12-813-2: PERMITTED USES:
F. Employee Housing Units, as further regulated by Chapter 13 of this Title.
12-813-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the ski base/recreation district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Addition or expansion of storage buildings for mountain equipment.
Additions or expansions of public or private parking structures or spaces.
Bed and breakfast as further regulated by section 12-14-18 of this title.
Child daycare center.
Cominunications antennas and appurtenant equipment.
Food and beverage cart vending.
15 Ordinance No. 12, Series of 2008, first reading
Public, private or quasi-public clubs. •Recreation room/minor arcade. .
Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
Redevelopment of ski racing facilities.
Redevelopment of water storage extraction and treatment facilities. .
Seasonal structures to accommodate athletic, cultural, or educational activities.
Summer outdoor storage for mountain equipment.
Summer seasonal community offices and programs.
,
Section 22. Article 12-8E, Ski Base Recreation 2 District, of.the Vail Town Code is
hereby amended as follows: -
12-8E-2: PERMITTED USES:
A:The following uses shall be permitted within the ski base/recreation 2 district:
Eating and drinking establishments including the following:,
Bakeries and delicatessens with,food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops. Restaurants.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Lodges. Private or public off street loading facilities.
Private or pub{ic off street vehicle parking structures.
Public parks and outdoor recreation facilities. . `
Residential uses including the following:
Accommodation units.
Multi-family residential dwelling units.
Single-family residential dwelling units.
Two-family residential dwelling units. .
Ski base oriented uses including the following:
Commercial ski storage on the basement or garden level of a building.
Retail stores and establishments.
Ski lifts and tows. Ski patrol facilities. .
Ski racing facilities. %
Ski school facilities.
Ski trails.
Skier and guest services including, but not limited to, uses such as.basket rental,
lockers, ski repair; ski rental, lift ticket sales; public restrooms, information/activity
' desk. Snowmaking facilities.
Special community events, including, but not limited to, ski races, festivals,
concerts; and recreational, cultural and educational programs and associated
improvements/facilities, subject to the issuance of a special events license
12-8E-3: CONDITIONAL USES: 16 Ordinance No. 12, Series of 2008, first reading
The following conditionai uses shall be permitted in the ski base/recreation.2 district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title: •
Brew pubs.
Communications antennas and appurtenant equipment.
Fractional fee units.
Outdoor dining decks and patios.
Private and public clubs. Public utility and public service uses.
Gmnlnvoc I-Inusinn I Initc, as fur4hor reguIatcrl hv Ch'+n}er 14 of 4hi Titlc '
•
Additional uses determined to be similar to conditional or permitted uses described in
this chapter, in accordance with the provisions of section 12-3-4 of this title.
' Section 23. Article 12-913, Parking District, of the Vail Town Code is hereby amended
as follows:
12-96-2: PERMITTED USES:
The following uses shall be permitted in the P district:
Private or public unstructured off street vehicle parking.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
12-913-3: CONDITIONAL USES:
The following conditional uses shall be permitted subject to issuance of a conditional use
permit in accordance with the provisions of chapter 96 of this title: -
Communications antennas and appurtenant equipment.
Major arcades.
Parks and recreational facilities.
Private or public off street vehicle parking structures.
Public uses, private office and commercial uses that are transportation, tourist or town
related and that are accessory to a parking structure.
Temporary construction staging sites. For the purposes of this section, a"temporary
construction staging site" shal( mean a site on which, for a temporary period of time,
construction materials, heavy construction equipment, vehicles and construction trailers
may be stored:
Cmnlnvec 11 - ~ in .y n I In ~ ,it~, n f~ ~rFher ren~ ~I~+Fer! hv (`~+~+nler 1'.2 nf 4his Titlc
„ . .,~c. ~ ~ w~ ~ .
12-913-5: DEVELOPMENT STANDARDS:
Development standards in each of the following categories shall be as prescribed
by the Planning and Environmental Commission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby
amended as follows:
17 Ordinance No. 12, Series of 2008, first reading
I
12-9C-2: PERMITTED USES:
The following uses shall be permitted in the GU district:
Bicycle and pedestrian paths. '
Communications antennas and appurtenant equipment.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space
12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject ,
to issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title:
Child daycare centers. Equestrian trails.
Golf courses.
Healthcare facilities.
Helipad for emergency and/or community use.
- Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools.
Public and quasi-public indoor community facilities.
Public buildings and grounds.
Public parking structure. Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities.
Public transportation terminals. ,
Public unstructured parking. ~
Public utility and public service uses.
lines anr! nnnurFcnant cnuinmcnt
Religious institutions.
Seasonal structures or uses to accommodate educational, recreational or cultural
activities. Ski lifts, tows and runs. Gmr+ln~ive I..I ni inn I Ini~~ .+q f, i l+
rFor re~l dnFoe-l h~r (`hnr~4nr1nF 4hic• Tiilc
cn . . -..~r'_' ' _ '
Water and sewage treatment plants.
Section 25. Section 12-13-4, Emplojree Housing, of the Vail Town Code is hereby
amended as follows:
\
18 Ordinance No. 12, Series of 2008, first reading
12-13-4: REQUIREMENTS BY EMPLOYEE HOUSlNG UIVIT (EHU) TYPE
EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximu Density
permitted by right er-~ Transference Coverage / Credit/Storage m GRFA of an
sendit4eaa4use Reduced Requirement EHU
Landsca e Area
Type I °°F~ngd Usei The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is
Primary/Secondary be sold or to an additional The site is entitled ft. of garage area 12-10 as a allowed as a
Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit
Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the
(only on lots less than the EHU. a maximum of 2 property.
14,000 sq. ft. in size) parking spaces
LANDSCAPE (600 sq. ft:).
AREA: All units not
The site is entitled constructed with
to a reduction of a garage shall be
landscape area by required a
5% (reduced to minimum 75 sq. -
55% of site area) ft. of storage area
for the EHU. in addition to
normal closet
space. This 75
sq. ft. shall be a
credit for storage
onl .
Type II o°Fm'+,-~-Use; The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is
Single-Family not-be sold or to an additional ft, of additional 12-10 as a and allowed as a
Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on
Residential, separately from deduction. the EHU. unit. property.
Primary/Secondary the unit it is All units not
Residential associated constructed with
with. a garage shall be
Gend*teeRal . required a
Agriculture & Open minimum 75 sq.
Space ft. of storage area
+n addit+on to
normal closet
space. This 75
sq. ft. shall be a
credit for storage
onl .
19 Ordinance No. 12, Series of 2008, first reading
Type III Pe:^~R'-'°T,..:~ ~Usei The EHU may The EHU is N/A N/A Per Chapter A. Dwe(ling unit: The EHU is
Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded
Lionshead Mixed Use 2 transferred -calculation of dwelling and from the
separately. GRFA. unit. 1,200 sq. ft. max. calculation
~al Usw. B. Dormitory of density.
Residential Cluster unit:
Low Density Multiple- 200 sq.ft. min. for
Family each person
Medium Density occupying the
Multiple-Fami(y EHU.
High Density Multiple-
Family
Public Accommodation
Pubfic Accommodation 2
Commercial Core 1
Commercial Core 2
Commercial Core 3
Commerciai Service
Center
Arterial Business
Parking District
General Use _
Heavy Service
Ski Base/Recreation
Ski Base/ Recreation 2 ~
Special Deveiopment
District
Type IV Any dwelling unit may be The EHU may N/A N/A N/A Per Chapter N/A The EHU is
designated and deed be sold or 12-10 as a calculated
restricted as a Type IV transferred dwelling as density.
EHU, unless already separately. unit.
designated as an EHU.
Type IV-CL F2FFAifted Use: 7he EHU may N/A N/A N/A Per Chapter Per Cfiapter'{2- The EHU is
(Commercial Any dwelling unit may be be so(d or 12-10 as a 23, Commercial calculated
Linkage designated and deed transferred dwelling Linkage as density.
mitigation restricted as a Type IV- separately. The unit.
unit) CL EHU, unless already EHU shall be
designated as an EHU. linked to a specific
Commercial
, Linkage
employee
housin
20 Ordinance No. 12, Series of 2008, first reading
mitigation
requirement.
Type IV-IZ Pecrn+#ed-k'se: The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is
(inclusionary Any dwelling unit may be be sold or _ 12-10 as a 24, Inclusionary calculated
Zoning designated and deed transferred dwelling Zoning as density.
mitigation restricted as a Type IV- separately. The unit.
unit) IZ EHU, unless already EHU shall be
• designated as an EHU. linked to a
specific
Inclusionary
,
. Zoning
employee
housing
mitigation
re uirement.
Type V ReFffiltted-Use: The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is
Hillside Residential not be sold or 12-10 as a allowed as a
transferred dwelling second unit
separately from unit:, on the
the unit it is property.
associa#ed
with.
Type VI . As governed by As determined by As determined by As determined by Per Chapter As determined by As
Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined
management dwelling unit by the PEC.
plan. or a parking
Shall not be managemen
subdivided or t plan per
divided into any. Article 12-61,
form of time Housing
share, interval District
ownership, or
fractional fee
unit.
. 21 Ordinance No. 12, Series of 2008, first reading
Type VII-CL °°~^~~~~"~e; The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is
(Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the
mitigation Public Accommodation, separately. The GRFA. or a parking calculation
unit) Public Accommodation EHU shall be managerimen of density. 2, Commercial Core 1, linked to a t Plan Per
Commercial Core 2, specific Chapter 12-
Commercial Core 3, Commercial 23.
Commercial Service Linkage Commercial
Center, Arterial employee Linkage
Business, General Use, housing _
Lionshead Mixed Use 1, mitigation
Lionshead Mixed Use 2, requirement.
Ski BaselRecreation, Ski
Base/Recreation 2,
Parking District, and -
Special Development , Districts
22 Ordinance No. 12, Series of 2008, first reading
TypeVll-IZ PeFFR+tted-Wsw The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is
(Inclusionary High Density Multiple be sold or excluded from the . 12-10 as a 24, Inclusionary excluded
Zoning Family, Housing District, transferred calculation of dwelling unit Zonirig from the
mitigation Public Accommodation, separately. GRFA. or a parking calculation
unit) Public Accommodation The EHU shall managemen of density.
2, Commercial Core 1, be linked to a t plan per
Commercial Core 2, specific Chapter 12-
Commercial Core 3, Inclusionary 24,
Commercial Service Zoning Inclusionary
Center, Arterial employee Linkage.
Business, General Use, housing
Lionshead Mixed Use 1, mitigation
Lionshead Mixed Use 2, requirement.
Ski Base/Recreation, Ski ,
Base/Recreation 2,
Parking District, and
Special Development '
Districts
23 Ordinance No. 12, Series of 2008, first reading
Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby
amended as follows:
_ 12-16-8: PERMIT APPROVAL AND EFFECT:
Approval of a conditional use permit, or an amendment to an existing conditional use
permit, shall lapse and become void if a building permit is not obtained and construction
. not commenced and diligently pursued toward completion or the use for which the
approval has been granted has not commenced within two (2) years from when the
approval becomes final. Approval of a conditional use permit shall also lapse and
become void if the use for which the approval has been granted is discontinued for a
period of two (2) years, regardless of any intent to resume operation of the use.
Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby
amended as follows:
12-16-10: AfVIENDMENT PROCEDURES:
1. The Administrator may approve amendments to an existing conditional use
. permit (including, but not limited to, additions to buildings and structures
associated with the use, changes to the operation of the, use, changes to the
previous conditions of approval, etc.) if the Administrator c6etermines the
amendment meets the following criteria: .
a. The amendment is in accordance with all applicable elements of the Vail
Town Code and the Vail Comprehensive Plan; and,
b. The amendment does not significantly alter the basic character or intent of
the original conditional use permit; and, .
c. The amendment wilt not adverse{y affect tfie pubfic health, safety, and
welfare.
2. All amendments to an existing conditional use permit not meeting the above
listed criteria, as determined by the Administrator, shall be reviewed by the
! Planning and Environmental Commission in accordance with the procedures
described in Section 12-16-5 of this chapter. '
Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail
Town Code is hereby amended as follows:
14-10-12: Communications antennas and appurtenant equipment:
Communications antennas and any associated appurtenant equiprment should be
integrated into existing principle buildings and structures. All antennas and
appurtenant equipment shall be located and screened so as not to detract from
the overall site design quality. Section 29. 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,
24 Ordinance No. 12, Series of 2008, first reading
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 30. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safefy and welfare of the Town of Vail and the
inhabitants thereof.
Section 31. 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 32. 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 1S' day of July, 2008 and a public
hearing for second reading of this Ordinance set for the 15th day of July, 2008, in the Council
Chambers of the Vail Municipal Building, Vail', Colorado.
Richard D. Cleveland, Mayor
Attest:
' Lorelei Donaldson, Town Clerk
I
25 Ordinance No. 12, Series of 2008, first reading
Vail Town Council Attachment: B
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department `
DATE: June 9, 2008
SUBJECT: A request for a work session to discuss prescribed regulation 'amendments to
Chapter 12-16, Conditional Use Permits, to allow for the administrative review
and approval of specific conditional uses, and setting forth details in regarci
thereto. (PEC080103)
,
Applicant: Town of Vail
Planner: Bill Gibson
1. SUMMARY
The purpose of this work session is to provide the Planning and Environmental
Commission with an introduction to the Town of Vail's request for prescribed regulation
amendments to Chapter 12-16, Conditional. Use Permits, to allow for the administrative
review and approval of specific conditional uses, and setting forth details in regard
thereto.
II. DISCUSSION ITEMS ,
What was discussed at the Planning and Environmental Commission's last
hearing? .
The Commission held a work session at its May 12, 2008, hearing to discuss the
concept of creating a new administrative review process for existing conditional uses
such as:
• Bed and Breakfasts ° .
• Employee Housing Units
• Home Child Daycare Facilities
• Public Utility and Public Service Uses
• Seasonal Uses and Structures
• Extensions to time limited conditiona{ use permit approvals .
• Minor amendments that do not alter the original characteristics of the use
The Commission was generally supportive of the concept of a{lowing certain existing
conditional uses to be reviewed administratively, rather than by the Commission.
However, the Commission did not support changing the review process for Bed and
Breakfast or Home Child Daycare Facilities uses.
In general, the Commission noted its preference to continue notifying adjacent property
owners of a conditional use permit application prior to any action by either the
Commission or Staff.
1 . .
What is the purpose/intent of the proposed regulation amendments?
The proposed amendments are not intended to change or alter the outcome of a
conditional use permit review, but to streamline the Town's development review process.
The Town of Vail has processed 246 separate conditional use permits over the past 18
years (1990-2008) for an average of 14 applications per year. A summary of these
permits has been attached for reference (Attachment A). Given the significant number
of applications and the substantial amount of time and effort involved in processing each
application through the current conditional use permit review process; Staff believes any
text amendments should create substantial time savings for applicants, Staff, and the
Commission for specific applications. Additionally, Staff believes any text, amendments
should also create cost savings for the Town, which currently processes conditional use
permit applications at a financial loss.
A summary of the current conditional use permit review process and associated costs
has been attached for reference (Attachment B). Attachment B is a conservative
estimate of the Town's time and financial costs necessary to process a conditional use
permit app(ication. Attachment B assumes a minor, non-controversial conditional use
permit request that is reviewed at only one Commission hearing. Attachment B also
assumes a conservative financial rate of $55/hr. which is the fee the Town charges for
building permit reviews; however, actual hourly costs may be higher.
ls there an alternative to creating a new additional review process (i.e. an
Administrative Conditional Use Permit Review Process) that could achieve the
goal of streamlining the Town's development review process?
Staff believes the same goals of achieving time and financials savings can be achieved
without creating a new or additional review process. Staff believes the following
amendments should be considered:
• Allowing communication antennas that are integrated into a building in General Use,
Housing, and Commercial Core 3 Districts as permitted uses.
• Allowing all employee housing units (EHU's) as permitted uses.
• Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2 (i.e. Vail
Village and Lionshead) as permitted uses.
• Allowing modifications/amendments/additions to a previously approved conditional
use permit that do not alter the original character or impacts of the use.
• Ending the requirement that a conditional use permit much be obtained to eliminate
any dwelling unit within the Commercial Core 1 District (i.e. Vail Village).
Communication antennas accounted for 8 of the 15 utility category conditional use
permit applications. All but one of these antennas is located on an existing building in
the General Use, Housing, and Commercial Core 3 Districts (i.e. ERWSD water tank,
Middle Creek Employee Housing Development, Qwest Tower, Solar Vail, and the
Brandess/Cadmus Building). All of these conditional use permit applications were
approved.
2
Employee Housing Units (EHU's) constituted 42 conditional use permit applications.
The Planning and Environmental Commission and Town Council recently amended the
Town Code to allow Type II EHUs as permitted, rather than conditional, uses. Staff
believes all EHU should be allowed as permitted uses. ATM's account for 2 of the 3 historic bank/financial conditional uses. Staff does not
believe ATM machines have the same impacts or affects as a traditional bank office, and
should be regulated as a permitted or accessory use.
Of the 246 historic conditional use permit applications, 66 applications were
modifications, changes, or additions to previously approved conditional use permits.
Staff does not believe any of these 66 applications substantively changed the character
or impacts of the originally approved use. Staff believes allowing such minor
modifications to be processed administratively would substantially streamline the review
process for such applications.
Currently a conditional use permit is required 'to eliminate any dwelling units within Vail
Village. Generally, these applications related to finro or more dwelling units ; being
combined into a single unit. This requirement does not exist in any other zone district
and all 6 of the historic applications to eliminate a dwelling unit were approved.
Therefore, Staff does not believe a. conditional use permit should be required to
eliminate a dwelling unit in Vail Village. In summary, these five identified items constituted 124 of the 246 conditional use permit
applications processed between 1990 and 2008. Had these identified items been
permitted uses, the number of conditional use permit applications processed by the
Town would have been reduced by 50.4%.
III. STAFF RECOMMENDATION
The Community Development Department requests the Planning and Environmental
Commission asks questions about the proposed amendments and provides Staff with
any initial feedback or direction.
The Community Development Department recommends the Planning and Environmentaf
Commission 'tables this item to its June 9, 2008, public hearing for further discussion.
Should the Planning and Environmental Commission choose table this request, Staff
recommends the Commission pass the following motion: . "The Planning and Environmental Commission tables the request for a
prescribed regulation amendments to Chapter 12-16, Conditional Use Permits, to
allow for the administrative review and approval of specific conditional uses, and
setting forth details in regard thereto, to its June 23, 2008, public hearing."
3
Attachment A Conditional Use Permit Applications 1990 to
2008
CUP T e # of A lications
T e II EHU 31
Utilities 31
Recreation 25
Seasonal Use 23
Parkin 21
Outdoor atio/dinin 16 B&B 14
T e III EHU 11
School 9
Medical 8 '
Real Estate Office 6
Tem ora Offices, 6
Fractional Fee 6
Combo. Two units to One. 6
Bank/Financial 3
Maintenance Facilit 3
Brew Pub 2
Church/Reli ious Inst. 2 Li uor Store 2
Quasi- ublic club 2
Ski Stora e 2
Television Station 2
Cemete 1
Funicular 1
Furniture Store 1
Ma'or Arcade 1
Ski Lift 1
Car Rental 1 s
Car Dealer 1
3rd floor office 1
Solaris uses 1
Golden Peak Race Bld . 1
Office in RC 1
Gondola 1
Snowcat access 1
1 st Floor DU 1 Gas Station Ba 1
Total Applications 246
4
c .
Attachment B
T ical CUP Application - PEC Review
Staff # of Total Staff
Who What time Staff Time
Planner re-a lication meetin 0.5 1 0.5
DRC recei t, initialize in PP, and rouYe ; 0.5 1 0.5
initial review plus notice & agenda @
Plannin Team staff 0.5 6 1.5
Admin Team PEC notice & a enda 0.5 1 0.5
Planner route to PW & FD 0.25 1 0.25
DRT resentation 0.25 6 1.5
Planner site visit 0.5 2 1
PW & FD initial review 1 2 2
Planner i nitial review & comment letter 2. 1 2
DRC recei t& route corrections 0.25 1 0.25
Planner route corrections to PW & FD 0.25 1 0.25
PW & FD review corrections 1 2. 2
Planner review corrections 2 1 2
Planner memo % 4 1 4
Plannin Team discussion staff 0.5 6 3
Plannin Team memo review 1 2 2
Planner memo edits 2 1 2
Planner PEC site visit 0.5 2 1
Planner PEC hearin 1 2 2
Planner PEC minutes & results 0.25 2 0:5
Admin Team ublish PEC minutes & results 0.25 1 0.25
Planner action forms 0.5 . 1. 0.5
Admin Team filin 0.5 1 0.5
Chief of
Plannin Town Council PEC u date 0.25 1 0.25
Total 30.25
rate $55/hr.
cost $1,663.75
appl. .
fees $650.00
, balance ($1,013.75)
~
5
Vail Town Council Attachment: C .
MEMOi2ANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 23, 2008
SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant .
to Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment to Chapter 12-16, Conditional Use Permits, to
allow for the administrative review, and approval of specific conditional
uses, and setting forth details in regard thereto. (PEC080103)
Applicant: Town of Vail
Planner: Bill Gibson
1. SUMMARY
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to
allow for the administrative review and approval of specific conditional uses, and
setting forth details in regard thereto. -
Staff is recommending the Planning and Environmental Commission forwards a
recommendation of approval of the proposed amendments based upon the
criteria found in Section VI of this memorandum.
~
. II. DESCRIPTIOYV OF REQUEST
The Applicant, Town of Vail, is requesting a final recommendation to the Vail
Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a
prescribed regulations amendment to Chapter 12-16, Conditional Use Permits, to
allow for the administrative review and approval of specific conditional uses, and
setting forth details in regard thereto.
The proposed amendments are not intended to change or alter the outcome of a
conditional use permit review, but to streamline the Town's deve(opment review
process. The Town of Vail is proposing to streamline the conditional use permit
application review process through the following:
• Allowing all Employee Housing Units as permitted uses, rather than some ;
EHUs being conditional uses; and,
• Allowing communications antennas and appurtenant equipment as
permitted uses in the General Use, Housing, and Commercial Core 3
Districts (they will remain conditional uses in all other districts); and,
1
• Aliowing ATM's as permitted uses in the Commercial Core 1, 2, and 3
Districts and the Public Accommodation District (Vail Village and West
Vail areas); and,
• Allowing amendments to conditional use permits to be reviewed
administratively.
Employee Housing Units (EHUs)
The Commission and Town Council recently amended the Town Code to allow many Types of EHUs to be permitted uses, rather than as a conditional use, as
part of the amendments to the Commercial Linkage and Inclusionary Zoning
regulations. In keeping with this example of improving the efficiency of the
Town's development review process, Staff is proposing that all types of EHUs be
permitted uses, rather than conditional uses. This amendment will in no way
alter the restrictions currently applied to EHUs or the zone districts in which the
various types are allowed.
Currently the Founder's Parking Garage, located between Hanson Ranch Road
and Gore Creek Drive in the Vail Village, is the only property located within the ,
Parking District. The only permitted use in that district is "private or public
unstructured off street vehicle parking" and Type III EHUs are conditional uses.
Staff is proposing that EHUs become the second permitted use in this district.
The Parking District is unique in that there are no prescribed development
standards. As a"clean-up" to this district's regulations, Staff is proposing that all
development standards be established by the Planning and Environmental
Commission similar to the General Use and Housing Districts. The specific text
associated with this "clean-up" is located in Section 23 of the attached draft
Ordinance No. 12.
Communications Antennas and Appurtenant Equipment
Communications antennas such as cellular phone antennas are predominantly
~ located in the General Use, Housing, and Commercial Core III Districts on the
water tanks, Middle Creek building, the Qwest Tower, Solar Vail, Red Sandstone
School, and the Brandess Building. The antennas were a11 approved as
conditional uses with the only conditions being related to design. Therefore, Staff
is proposing to allow such antennas as permitted, rather than conditional uses, in
these three zone districts. Communications antennas such as the town-wide wi-
fi service antennas are located in a variety of other zone districts. Staff is
proposing that communications antennas remain allowed as conditional use in
the Town's other zone districts.
As a"clean-up" to the Town's design guidelines, Staff is proposing the following
basic standards be applied to all communications antennas:
tt14-10-12: Communications antennas and appurtenant equipment:
Communications antennas and any associated appurtenant equipment
shou/d be integrated into existing principle buildings and structures. All
antennas and appurtenant equipment shall be located and screened so
as not to detract from the overall site design quality."
This "clean-up" is located in Section 28 of the attached draft Ordinance No. 12.
I
2
~ Automated Teller Machines (ATM's)
There has been inconsistency in the Town's regulation of ATM's located on the
exterior of buildings. Some existing ATM's were reviewed through the
conditional use process as a"bank and financial institution", while others were
simply reviewed through the design review process. ATM machines are currently ,
allowed as permitted uses in Lionshead, but not in the Vail Village or West Vail.
Staff is proposing to allow ATM's as permitted use in those zone districts that
already allow banks and financial institutions and the Public Accommodation
District. These proposed text amendments will not affect ATM's located inside a
business.
Conditional Use Permit Amendments
The Town's current conditional use permit regulations, Chapter 12-16, Vail Town
Code, do not address amendments to a previously approved permit. Since there
is no defined process to address these requests, historically any amendment to
an active or existing conditional use permit has been reviewed as if it were an
application for a new permit.
Staff believes a conditional use permit amendment review process must be
formally established in the Town Code. Staff believes some amendments to an
existing permit are minor in nature and do not warrant review as if the request
was a new conditional use permit application. Therefore, Staff is proposing
minor permit amendments be reviewed administratively, while more significant
amendments, as determined by the Administrator, remain under the purview of
the Planning and Environmental Commission. Staff is proposing the following
addition to Chapter 12-16, Conditional Use Permit, Vail Town Code:
"12-16-10: AMENDMENT PROCEDURES:
1. The Administrator may approve amendments to an existing conditional
use permit (including, but not limited to, additions to buildings and
structures associated with the use, changes to the operation of the use,
changes to the previous conditions of approval, etc.) if the Administrator
determines the amendment meets the following criteria:
a. The amendment is in accordance with afl applicable e/ements of
the Vail Town Code and the Vail Comprehensive Plan; and,
b. The amendment does not significant/y alter the basic character or
intent of the original conditional use permit; and,
c. The amendment will not adversely affect the public health, safety,
and welfare.
2. All amendments to an existing conditional use permit not meeting the
above listed criteria, as determined by the Administrator, shall be reviewed by the Planning and Environmental Commission in accordance
, with the procedures described.in Section 12-16-5 of this chapter."
This proposed amendment is located in Section 27 of the attached draft
Ordinance No. 12.
3
1 h Additionai Text Amendments
Staff is proposing "clean-up" amendments to Chapter 12-2, Definitions, Vail Town
Code, to define the terms "accessory use", "conditional use" and "permitted use";
and to clarify the definition of "public utility and public service uses". - These
proposed amendments are located in Section 1 of the attached draft Ordinance
No. 12, Series of 2008 •
Notification ,
Currently the results from the Administrative review of design review applications
are listed on the Design Review Boards's agendas as an information iapdate
item. This informs the public, the Board, and the Town Council of what
applications have been reviewed by the Town Staff, it allows the public, the
Board, and the Town Council the opportunity to ask Staff questions about the
applications and the administrative actions, and affords all three groups the
opportunity to "call-up" or appeal any administrative action. Staff is proposing to
also lists all conditional use permit amendments that have been administratively
reviewed on the Planning and Environmental Commission's agendas under
information update for the same purposes.
Conditional Use Permit Certificates
Historically, conditional use permits in the Town of Vail have been issued and
tracked through archived Planning and Environmental Commission
memorandums and minutes, and are now issued and tracked with a computer
generated Commission action form. The Town has historically not issued an
actual permit with the approval of a conditional use permit application. So,
similar to a Certificates of Occupancy, the Town will begin creating and issuing
actual Conditional Use Permit certificates (suitable for framing) with the approval
of a conditional use permit application. A sample of these certificates has been
attached for reference (Attachment B).
III. BACKGROUND
The Commissiort held a work session at its May 12, 2008, hearing to discuss the
concept of creating a new administrative review process for 'existing conditional
uses such as:
• Bed and Breakfasts . .
• Employee Housing Units
• Home Child Daycare Facilities • Public Utility and Public Service Uses
• Seasonal Uses and Structures
• Extensions to time limited conditional use permit approvals
• Minor amendments that do not alter the original characteristics of the use
The Commission was, generally supportive of the concept of allowing certain
existing conditional uses to be reviewed administratively, rather than by the
Commission. However, the Commission did not support changing the review
. process for Bed and Breakfast or Home Child Daycare Facilities uses.
, 4
In general, the Commission noted its preference to continue notifying adjacent
property owners of a conditional use permit application prior to any action by
either the Commission or Staff.
The Commission held a work session at its June 9, 2008:
Staff believed the same goals of achieving time and financial savings can be
achieved without creating a new or additional review process. The Commission
discussed the following alternative amendments:
• Allowing communication antennas that are integrated into a building in
General Use, Housing, and Commercial Core 3 Districts as permitted
, uses.
• Allowing all employee housing units (EHU's) as permitted uses.
• Allowing Automatic Teller Machines (ATM's) in CC1, LMU-1 and LMU-2
(i.e. Vail Village and Cionshead) as permifted uses. • Allowing modifications/amendments/additions to a previously approved
conditional use permit that do not alter the original character or impacts of
the use.
• Ending the requirement that a conditional use permit much be obtained to
eliminate any dwelling unit within the Commercial Core 1 District (i.e. Vail
Village).
IV. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the
Planning and Environmental Commission and the Commission will forward a
recommendation to the Town Council. The Town Council will then review the
text amendment application.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a
text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code, and forwarding of a recommendation to the Town Council.
Design Review Board:
The Design Review Board has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications,
or denial of a text amendment application, pursuant to Section 12-3-7,
Amendment, Vail Town Code.
The Town Council has the authority to hear and decide appeals from any
decision, determination, or interpretation by the Planning and Environmental
Commission and/or Design Review Board. The Town Council may also call up a
decision of the Planning and Environmental Commission and/or Design Review
Board.
5
V. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part)
Section 12-1-2: Purpose
A. General: These regulations are enacted for the purpose of
promoting the health, safety, morals, and general welfare of the Town, and
to promote the coordinated and harmonious development of the
Town in a manner that will conserve and enhance its natural environment
and its established character as a resort and residential community of high ,
quality. '
8. Specific: These regulations are intended to achieve the fo/lowing more
specific purposes:
1. To provide for adequate light, air, sanitation, drainage, and public
facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of
snow, and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets. '
4. To promote adequate and appropriately located off street parking and
loading facilities. 5. To conserve and maintain established community qualities and
economic values.
6. To encourage a harmonious, convenient, workab/e relafionship
among land uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town. .
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable nafural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable
community. , Chapter 12-3: Administration and Enforcement: (in part)
6
,
12-3-7: AMENDMENT.C. Criteria and Findings:
2. Prescribed Regulations Amendment:
a. Factors, Enumerated: Before acting on an application for an
amendment to the regulations prescribed in this title, the planning
and environmental commission and town.council shall consider the
following factors with respect to the requested text amendment:
9. The extent to which the text amendment furthers the general and
specific purposes of the zoning regulations and
2. The extent to which the text amendment would better implement
and better achieve the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail comprehensive plan
and is compatible with the development objectives of the town; and
3. The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the - existing regulation is no longer
appropriate or is inapplicab/e; and
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulafions
consistent with municipal development objectives; and
5. Such other factors and criteria the commission and/or council
• deem applicable to the proposed text amendment.
TOWN OF VAIL LAND USE PLAN
Chapter II: Land Use Goals/Policies (in part)
1. General Growth/Development
1.1 Vail should continue to grow in a controlled environment,
maintaining a balance between residenfial, commercial and
recreational uses to serve both the visitor and the permanent
resident.
1.3 The quality of development shou/d be maintained and
upgraded whenever possible.
1.12 Vail should accommodate most of the additional growth in
existing developed areas (infill areas).
3. Commercial
3.4 Commercial growth should be concentrated in existing
commercial areas to accommodate both local and visitor needs.
7
5. Residential
5.1 Additional residential growth should continue to occur primarily
in existing, platted areas and as appropriate in new areas where
high hazards do not exist.
5.2 Quality time share units shou/d be accommodated to help keep occupancy rates up.
5.3 Affordable emp/oyee housing shou/d be made available
through private efforts; assisted by limited incentives, provided by
the Town of Vail, with appropriate restrictions.
5.4 Residential growth should keep pace with the market place
demands for a fu/l range of housing types. -
5.5 The existing employee housing base shou/d be preserved and
. upgraded. Additional employee housing needs shou/d be
accommodated at varied sites throughout the community.
VAIL VILLAGE MASTER PLAN
Chapter V: Goals, Objectives, Policies and Action Steps (in part)
Goa! #2: To foster a strong tourist industry and promote year-around 'economic
health and viability for the village and for the community as a whole.
2.6 Objective: `
Encourage the development of affordable housing units through
the efforts of the private sector.
2.6.1 Policy:
Employee housing; units may be required as part of any new or
redevelopment project requesting density over that allowed by
existing zoning.
2.6.2 Policy: '
Employee housing, sha/l be developed with appropriate restrictions
so as fo insure their availability and affordability to the local work
force. 2.6.3 Policy:
The Town of Vail may facilitate in the development of affordable
housing by providing limited assistance.
LIONSHEAD REDEVLOPMENT MASTER PLAN
Chapter 4: Master Plan Recommendation - Overall Study Area
4.8 Parking
8
4.8.4 Parking for Employee Housing
The unit-to-parking space ratio for employee housing should be reduced
to maximize the housing opportunities in west Lionshead. During the
master planning process, the Vail Town Council toured several employee
housing complexes in Keystone Resort that averaged .25 cars per bed (one parking space per four-bed unit). Most of these complexes at
Keystone are removed from the core and depend on a bus transit system
fo carry employees to and from work. Yet, Keysfone property managers
have not observed a parking shortage. Likewise, at the Rivers Edge
employee housing project in Avon, a parking ratio of. 75 cars per bed has
been more than adequate and the parking lot is underutilized.
4.9 Housing
Recent community surveys and grass-roots planning efforts such as
Vail Tomorrow have identified the lack of /oca/s housing as the most
critical issue facing the Vail community. Early in the Lionshead
master planning process, west Lionshead was identified as an opportunity
area fo implement some of the community's housing goals, particu/arly
relating to employee housing. These opportunities and associated issues
are outlined below.
4.9.1 No Net Loss of Employee Housing '
Ground rule number five of the master plan states that there shall be no
net loss of employee housing in Lionshead as redevelopment occurs.
. Visual lssues
4.9.2 The financial realities of affordable housing often require cost
reducing measures, generally involving the quality of detailing, planning,
and architectural design. Given the strong desire to make these housing
projects feasible, it is recommended that some latitude be granted to
affordable housing developers. However, it is a/so important that financial
realities not be used as an excuse to produce unsightly, poorly designed,
substandard products. Employee housing does not need to match the
architectural sophistication of a. five star resort deve/opment, but it does
need to be good quality construction and design. Rivers Edge in Avon is
a good example of an attractive yet affordable employee housing project.
4.9.3 Policy Based Housing Opportunities
The first means of imp/ementing housing goals in Lionshead is through
policy based requirements such as the employee generation ordinance
current/y being pursued by the Vail Town Council. As required by a future
ordinance, all development and redevelopment projects, as a prerequisite
to project approval, should provide housing for employees generated and
to the extent possible this housing shou/d be /ocated in the Lionshead
area.
VAIL 20/20 STRATEGIC PLAN
Executive Summary (in part)
. 9
Housinq: The high cost of housing and a lack of developable land
continue to challenge the community in providing adequate workforce
,
housing. Opportunities exist to increase the amount of employee housing
through' redevelopment of existing housing, the purchase of deed-
resfricted units and through developer requirements. During 20120,
participants placed workforce housing as a top priority for the community "
and government leaders to address.
Community Values (in part)
Diversity: Vail . values maintaining a diverse population of residents,
' workers and visitors, with a broad representation of age, family
composition, ethnic background and economic means.
Land Use and Development (iri part) 20/20 Vision: The pedestrian ambiance and scale of Vail Village and
Lionshead continues into 2020, where the European alpine charm of Vail
is replicated in its new development. The unique character of Vail is
evident from the Tyrolean building style that speaks of Vail's history, to
the mountain contemporary style that heralds technological advancement.
The vibr`ant mixed-use pedestrian core areas of Vail attract guests,
residents and businesses. The diversity of businesses within the core
areas provides something for everyone and the new affordable housing
options are seamlessly integrated into the community's fabric. Growth
has been carefully managed to be sustainable and complementary to the
natural environment.
20120 Implementation: Based on input from the community during the
20120 process, town staff developed the following goals and action
strategies to support the land use and development vision. The goals
a/so reflect the common themes heard from the community during the
20120 process, including a need for more employee housing, increased
environmental sustainability, reducfion of I-70 impacts and managed
growth. '
Goal #3: Ensure faimess and consistency in the development review
process.
Actions/Strategies
• Provide transparency of the review process by improving
communications. • Embrace policies and practices thaf ensure honest governmental
interactior?. .
• Define ways in which to improve communication with the public.
• Review and improve policies regarding notifrcation of design review
. applications.
• Provide adequate training for members of the. town's boards,
commissions and commiftees regarding goals and pu?poses for
regulation.
10
a Develop a streamlined design review process and include in
regulation updates.
Goal #4: Provide for enough deed-restricted housing for at least 30
percent of the - workforce through policies, regulations and publicly
initiated development.
Actions/Strategies
•Update housing regu/ations to include more zone districts that are
required to provide employee housing.
• Redevelop Timber Ridge to increase number of employee beds.
• Use employee housing fund for buy-downs and ofher programs that
will increase the number of employees living within the fown.
• Address the zoning regulations to provide more incentives for
developers to build employee housing units.
Housing (in part)
20120 Vision: The number of employees living within the town has steadily
increased, thanks to the town's commitment to ensure affordability and
availability of housing. The number of deed-restricted rental and for-sa/e
units required of both private and public projects has increased.. The
diversity of deed-restricted units can accommodate the seasonal worker,
as we/l as all levels of year-round employees, including those with
families. Housing in general has been transformed to include green
building standards.
20120 /mplementation: Based on input from the community during the
20120 process, town staff with the Vail Local Housing Authority,
developed the following goa/s and action strategies to support the
housing vision.
Goal.The Town of Vail recognizes the need for housing as infrastructure
that promotes community, reduces transit needs and keeps more
employees living in the town, and will provide for enough deed-restricted
housing for at least 30 percent of the workforce through policies,
regulations and public/y initiated development.
Actions/Strategies:
• Research and propose next steps for strengthening the town's
inclusionary zoning and commercial linkage policies, including
requiremenfs for more zone districts.
• Research parking requirements for employee housing and consider
reducing requirements for emp/oyee housing developments.
• Ensure pay-in-lieu funds generate as many workforce housing units
as possible.
• Establish protocol for disbursement of dedicated housing fund
resources.
• Research and secure potential alternative (besides pay-in-lieu)
funding sources for emp/oyee housing.
91
VI. REVIEW CRITERIA
Y
1. The extent to which the text amendment furthers the general and
specific purposes of the Zoning Regulations; and
The proposed amendments are not intended to change or alter the
outcome of a conditional use permit review, but to streamline the Town's
development review process. This will positively impact the Town
government and the public. Therefore, Staff believes the' proposed text
amendments are consistent with the purposes of the Town's Zoning
Regulation's as outlined in Section V above.
2. The extent to which the text amendment would better implement and
-better achieve. the applicable elements of the adopted goals,
objectives, and policies outlined in the Vail Comprehensive Plan and
is compatible with the development objectives of the Town; and
The proposed amendments are not intended to change or alter the
outcome of a conditional use permit review, but to streamline the Town's
development review process. Therefore, Staff believes the proposed text
amendments will better implement and better achieve the adopted goals;
objectives and policies of the Town's Zoning Regulations and
Comprehensive Master Plan as outlined in Section V above.
3. The extent to which the text amendment demonstrates how
conditions have substantially changed since the adoption of the
subject regulation and how the existing regulation is no longer
appropriate or is inapplicable; and
The Town of Vail has processed 246 separate conditional use permits
over the past 18 years (1990-2008) for an average of 14 applications per
year. Of all those applications, only 4 were denied (a real estate office at
the WI, an outdoor dining deck in Vail Village, a Type II EHU on Forest
Road, and employee housing at the Town's Public Works facility).
Given the significant number of applications and the substantial amount.
of time and effort involved in processing each application through the
current conditional use permit review process; Staff believes the
proposed text amendments will create substantial time savings for
applicants, Staff, and the Commission for certain applications.
Additionally, Staff believes the proposed text amendments will create cost
savings for the Town, which currently processes applications at a
financial loss. The time and financial savings achieved by these
amendments were discussed in detail at the Planning and Environmental
Commission's June 9, 2008, hearing and are' highlighted in the attached
power point presentation (Attachment B).
4. The extent to which the text amendment provides a harmonious,
convenient, workable relationship among land use regulations
consistent with municipal development objectives.
12
The proposed amendments are not intended to change or alter the
outcome of a conditional use permit review, but to streamline the Town's
development review process. Therefore, Staff believes the proposed text
amendments will continue to facilitate and provide a harmonious,
convenient, workable relationship among land use regulations that are ,
consistent with the Town of Vail master plans and development
objectives.
5. Such other factors and criteria the Commission and/or Council
deem applicable to the proposed text amendment.
VII. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval to the Vail
Town Council for the text amendments outlined in the attached Draft Ordinance
No. 12, Series of 2008. Should the Planning and Environmental Commission
choose to recommend approval of this request; Community Development
Department recommends the Commission pass the following motion:
"The Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council, pursuant to
Section 12-3-7, Amendment, Vail Town Code, for a prescribed
regulations amendment to Chapter 12-16, Conditional Use Permits, to
allow for the administrative review and approval of specific conditional
uses, and setting forth details in regard thereto."
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text
amendment, the Community Development Department recommends the
Commission makes the following findings:
"Based upon the review of the criteria outlined in Section VI of Staffs
June 23, 2008, memorandum and the evidence and testimony presented,
the Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicab/e elements of the
adopfed goa/s, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the
Zoning Regu/ations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
deve/opment 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."
13
Vitl. ATTACHMENTS
A. Draft Ordinance No. 12, Series of 2008
B. Conditionai Use Permit certificate
C. Power Point Summary
14 -
Attachment A
DRAFT
ORDINANCE NO. 12
SERIES 2008
AN ORDINANCE AMENDING CHAPTER 12-2, DEFINITIONS; ARTICLES 12-
6E, RESIDENTIAL CLUSTER DEVELOPMENT; 12-6F, LOW DENSITY
MULTIPLE-FAMILY DISTRICT; 12-6G, MEDIUM DENSITY MULTIPLE-FAMILY
DISTRICT; 12-6H, HIGH DENSITY IVIULTIPLE-FAMILY DISTRICT; 12-61,
HOUSING DISTRICT; 12-7A, PUBLIC ACCOMMODATION DISTRICT; 12-7B,.
COMMERCIAL CORE 1; 12-7D, COMMERCIAL CORE 3; 12-7E,
COMMERCIAL SERVICE CENTER DISTRICT; 12-7F, ARTERIAL BUSINESS
DISTRICT; 12-8A, AGRICULTURE AND OPEN SPACE DISTRICT; 12-8D, SKI
BASE RECREATION DISTRICT; 12-8E, SKI BASE RECREATION DISTRICT 2;
12-913, PARKING DISTRICT; 12-9C, GENERAL USES DISTRICT; CHAPTER
12-13, EMPLOYEE HOUSING; AND CHAPTER 12-16, CONDITIONAL USE
PERMIT, VAIL TOWN CODE, TO ALLOW CERTAIN CONDITIONAL USES AS
PERMITTED USES AND TO ESTABLISH CONDITIONAL USE PERMIT
AMENDMENT PROCEEDURES, AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, on June 23, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of
for the proposed text amendments to the Zoning Regulations to the Vail Town Council in
accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning
Regulations of the Town of Vail; and,
WHEREAS, the Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon Section VI of the Staff memorandum to the Planning and Environmental Commission
dated June 23, 2008, and the evidence and testimony presented; and, ,
WHEREAS, the Town Council finds and determines that the amendments further the
general and specific purposes of the Zoning Regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated June 23, 2008, and the
evidence and testimony presented; and,
WHEREAS, the Town Council finds and determines that the amendments promote the
health, safety, morals, and general welfare of the Town and promote the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon Section VI of the Staff memorandum dated June 23, 2008; and,
WHEREAS, the Town Council finds and determines that the public health, safety, and
welfare will be served by these adopting regulations, based upon Section VI of the Staff
memorandum to the Planning and Environmental Commission dated June 23, 2008, and the
evidence and testimony presented.
~ Ordinance No. 12, Series of 2008, PEC draft
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
° Section 1. Section 12-2-2, Definitions, Vail Town Code is hereby established as
follows (text to be deleted is in , text that is to be added is bold. Sections of text
that are not amended have been omitted):
PUBLIC UTILITY AND PUBLIC SERVICE USES: Any structure, not otherwise exempted
from the definition of "structure" elsewhere in this title, which is reasonably necessary to
facilitate adequate public utilities and public services. Public utilities and public services
shall include, but not be limited to, distribution, collection, communication, supply or
disposal systems for gas, electricity, water, wastewater, storm water,
telecommunications, irrigation, solid waste, recycling, and other similar public utilities
and public services. For the purposes of this title, public utility and public service uses
shall not include public transportation facilities, sewage or . wastewater treatment
facilities, sanitary landfills, salvage yards, storage yards, ef business offices, or
communications antennas and appurtenant equipment:
USE, ACCESSORY: A use or activity that is subordinate and incidental to a
permitted or conditional use.
USE, CONDITIONAL: A use or activity with unique or special characteristics that
requires additional review to ensure they are located properly with respect to the
objectives of the Zoning Regulations, and to ensure their compatibility with other
surrounding uses and the town at large. Due to their unique characteristics and
the potential for impacts to adjacent uses, conditional uses are often allowed
subject to specific limitations and conditions.
USE, PERMITTED: A principle use or activity allowed by right within a zone
district.
Section 2. Article 12-6A, Hillside Residential District, of the Vail Town Code is
hereby amended as follows:
12-6A-3: CONDITIONAL USES: •
The following conditional uses shall be permitted, subject to issuance of a conditional
• use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated.by section 12-14-18 of this title. ,
' Communications antennas and appurtenant equipment.
Equestrian facilities located on five (5) acre minimum lot size area on property bordering
public land. -
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public buildings, grounds and facilities.
Public park and recreation facilities. .
Public utility and public service uses.
Section 3. Article 12-613, Single-Family Residential District, of the Vail Town Code is
hereby amended as follows:
12-613-3: CONDITIONAL USES:
2 Ordinance No. 12, Series of 2008, PEC draft '
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels. .
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools. Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 4. Article 12-6C, Two-Family Primary/Secondary Residential District, of the
Vail Town Code is hereby amended as follows:
12-6C-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the R district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
Section 5. Article 12-6D, Two-Family Residential District, of the Vail Town Code is
hereby amended as follows:
12-613-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service uses. Ski lifts and tows. Section 6. Article 12-6E, Residential Cluster District, of the Vail Town Code is
hereby amended as follows:
12-6E-2: PERMITTED USES:
3 Ordinance No. 12, Series of 2008, PEC draft
12-6E-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the RC district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Business offices, as further regulated by subsection 12-16-7A13 of this title. -
Communications antennas and appurtenant equipment.
Dog kennels.
,
Funiculars and other similar conveyances. '
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Professional office, as further regulated by subsection 12-16-7A13 of this title.
Public buildings, grounds and facilities. ,
Public or private schools.
Public park and recreation facilities. ,
Public utility and public service uses.
Ski lifts and tows.
, •
Section 7. Article 12-6F, Low Density Multiple-Family District, of the Vail Town Code
is hereby amended as follows:
12-6F-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of th-is title.
Dog kennels.
Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
Public park and recreation facilities.
Public utility and public service,uses.
Ski lifts and tows.
, •
Section 8. Article 12-6G, Medium Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows:
12-6G-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the LDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Dog kennels. .
, Funiculars and other similar conveyances.
Home child daycare facilities as further regulated by section 12-14-12 of this title.
Private clubs.
Public and private schools.
Public buildings, grounds and facilities.
4 Ordinance No. 12, Series of 2008, PEC draft
Public park and recreation facilities.
Public utility and public service uses.
Ski lifts and tows.
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...r•-~== - ---=---a - -v----- - - ~ ~n~ ' ,
Section 9. Article 12-6H, High Density Multiple-Family District, of the Vail Town
Code is hereby amended as follows:
12-6H-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the HDMF district, subject to
issuance of a conditional use permit in accordance with the provisions of chapter 16 of
this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment. Dog kennels. . .
Funiculars and other similar conveyances. Home child daycare facilities as further regulated by section 12-14-12 of this title. ,
Private clubs and civic, cultural and fraternal organizations.
Private parking structures:
Private unstructured parking.
Public and private schools.
Public buildings; grounds and facilities.
Public park and recreation facilities.
Public parking structures.
Public transportation terminals. .
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows.
Timeshare units. =rrrF
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r . .y . _ .
Section 10. Article 12-61, Housing District, of the Vail Town Code is hereby amended
as follows:
12-61-2: PERMITTED USES:
The following uses:shall be permitted in the H district:
Bicycle and pedestrian paths.
Communications antennas and appurtenant equipment.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space,
12-61-3: CONDITIONAL USES: The following conditional uses shall be permitted in the H district, subject to issuance of
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Commercial uses which are secondary and incidental (as determined by the planning
and environmental commission) to the use of employee housing and specifically serving
the needs of the residents of the development, and developed in conjunction with
employee housing, . in which case the following uses may be allowed subject to a
conditional use permit: Automated Teller Machines (ATMs) exterior to a building.
5 Ordinance No. 12, Series of 2008, PEC draft
Banks and financial institutions.
Business offices and professional offices as further regulated by section 12-16-7 of this
title.
Child daycare facilities.
Eating and drinking establishments.
Funiculars and other similar conveyances.
Health clubs. Personal services, including, but not limited to, laundromats, beauty and barber shops,
tailor shops, and similar services.
Retail stores and establishments. Dwelling units (not employee - housing units) subject to the following criteria to be
evaluated by the planning and environmental commission: A. Dwelling units are created solely for the purpose of subsidizing employee housing
on the property, and
B. Dwelling units are not the primary use of the property. The GRFA for dwelling
units shall not exceed thirty percent (30%) of the total GRFA constructed on the
_ property, and
C. Dwelling units are only created in conjunction with employee housing, and
D. Dwelling units are compatible with the proposed uses and buildings on the site
and are compatible with buildings and uses on adjacent properties.
Outdoor patios.
Public and private schools. Public buildings, grounds and facilities. Public parks and recreational facilities.
Public utilities installations including transmission lines and appurtenant equipment:
, .
Section 11. Article 12-7A, Public Accommodation District, of the Vail Town Code is
hereby amended as follows:
12-7A-2: PERMITTED USES:
The following uses shall be permitted in the PA district:.
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and not occupying more than ten percent (10%) of the total gross
residential floor area of the main structure or structures on the site; additional accessory
dining areas may be located on an outdoor deck, porch, or terrace.
Employee Housing Units, as further regulated by chapter 13 of this title.
Automated Teller Machines (ATMs) exterior to a building.
12-7A-3: CONDITIONAL USES: The following conditional uses shall be permitted in the PA district, subject to issuance of ,
a conditional use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts, as further regulated by section 12-14-18 of this title.
Communications antennas and appurtenant equipment.
Fractional fee club units as further regulated by subsection 12-16-7A8 of this title.
Healthcare facilities.
Lodges, including accessory eating, drinking, or retail establishments located within the
principal use and occupying between ten percent (10%) and fifteen percent (15%) of the
total gross residential floor area of the main structure or structures on the site.
Major arcades.
Private clubs and civic, cultural and fraternal organizations.
6 Ordinance No. 12, Series of 2008, PEC draft
Private parking structures. Private unstructured parking.
Professional and business offices.
Public and private schools.
Public buildings, grounds and facilities.
Public parking structures.
Public parks and recreational facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Ski lifts and tows. .
Theaters and convention facilities.
Gmplnyco 1--InUoinn lInits as FurFher roguIaFo'') hy nhan4er 1 thio fi41o
, •
Section 12. Article 12-713, Commercial Core 1 District, of the Vail Town Code is
hereby amended as follows:
12-713-3: PERMITTED AND CONDITIONAL USES; FIRST FLOOR OR STREET LEVEL:
B. Permitted Uses: The following uses shall be permitted on the first floor or street level
within a structure:
1. Retail stores and establishments, including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries.
Bookstores.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores. -
Delicatessens and specialty food stores. ,
Drugstores.
Florists.
Gift shops.
Hobby stores.
Jewelry stores.
Leather goods stores. Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Sporting goods stores.
Stationery stores.
Toy stores.
Travel and ticket agencies.
Variety stores.
Yardage and dry goods stores.
2. Eating and drinking establishments, including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shops.
7 Ordinance No. 12, Series of 2008, PEC draft
Fountains and sandwich shops.
Restaurants.
3. Lodges.
4. Employee Housing Units, as further regulated by chapter 13 of this title.
5. Additional uses determined to be similar to permitted uses described in
subsections B1 and B2 of this section, in accordance with the provisions of section
12-3-4 of this title so long as they do not encourage vehicular traffic.
6. Automated Teller Machines (ATMs) exterior to a building.
12-76-4: PERMITTED AND CONDITIONAL USES; SECOND FLOOR:
B. Conditional Uses: The following uses shall be permitted on second floors above
grade, subject to the issuance of a conditional use permit in accordance with the
. provisions of chapter 16 of this title:
Dog kennels.
Electronics sales and repair shops.
Household appliance stores.
Liquor stores.
Luggage stores.
Meeting rooms.
Outdoor patios.
Theaters: '
Cmnlnvoe L..InUSinn I Ini4s• as Furiher ronuda4er! bv nhan4cr 13 nf +his 4i41o
; .
12-713-5: PERMITTED AND CONDITIONAL USES; ABOVE SECOND FLOOR:
B.Conditional Uses: The following uses shall be permitted on any floor above the
second floor above grade, subject to the issuance of a conditional use permit in
accordance with the provisions of chapter 16 of this title. Any, permitted or conditional
use which eliminates any existing dwelling or accommodation unit, or any portion
thereof, shall require a conditional use permit. Such uses may include:
S2 Cmnlnyce I..Inusinn I Inifs as furFhcr rcgulaterJ hv nHan+er 43 nf fhis }iFlo
. , .
Section 13. Article 12-713, Commercial Core 3 District, of the Vail Town Code is
hereby amended as follows:
12-7D-1: PERMITTED USES:
The following uses shall be permitted in the commercial core 3 district:
Automated Teller Machines (ATMs) exterior to a building.
Banks and financial institutions.
Communications antennas and appurtenant equipment.
Eating and drinking establishments, including the following:
Cocktail lounges and bars.
Coffee shops.
Fountain and sandwich shops. ,
Restaurants.
Employee Housing Units, as further regulated by chapter 93 of this title.
Health clubs.
Personal services and repair shops, including the following: . Beauty and barber shops.
Business and office services. Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
$ Ordinance No. 12, Series of 2008, PEC draft
Laundromats. .
Shoe repair.
Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies.
Professional offices, business offices, and studios.
Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries. Auto parts stores.
Bakeries and confectioneries, preparation of products for sale on the premises.
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
Chinaware and glassware stores. Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Health food stores.
Hobby stores.
Household appliance stores.
Jewelry stores.
Leather goods stores.
Liquor stores.
Music and record stores.
Newsstands and tobacco stores.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, business, or services determined to be similar to permitted uses in
accordance with the provisions of this section.
12-7D-2: CONDITIONAL USES:
The following conditional uses shall be permitted in the commercial core 3 district,
subject to issuance of a conditional use permit in accord with the provisions of
chapter 16 of this title:
Any use permitted by section 12-7D-1 of this article which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
9 Ordinance No. 12, Series of 2008, PEC draft
' Brew pubs.
Child daycare center.
Commercial laundry and cleaning services, bulk plant.
Commercial storage. •
Dog kennels.
Drive-up facilities.
Major arcades.
Massage parlors.
Outside car wash.
Pet shops. ;
Public buildings, grounds, and facilities.
Public park and recreation facilities.
Public utility.and public service uses.
Radio and television signal relay transmission facilities.
Theaters, meeting rooms, and convention facilities.
Transportation businesses.
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~ ,
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Section 14. Article 12-7E, Commercial Service Center District, of the Vail Town Code
is hereby amended as follows:
12-7E-3: PERMITfED USES:
The following uses shall be permitted in the CSC district:
Automated Teller Machines (ATMs) exterior to a building.
Banks and financial institutions.
Eating and drinking establishments, including the following: '
Bakeries and delicatessens with food service.
Cocktail lounges and bars.
Coffee shops.
Fountains and sandwich shops.
Restaurants.
Employee Housing Units, as further regulated by chapter 13 of this title.
Personal services and repair shops, including the following:
Beauty and barber shops.
Business and office services.
Cleaning and laundry pick up agencies without bulk cleaning or dyeing.
Laundromats. Small appliance repair shops, excluding furniture repair.
Tailors and dressmakers.
Travel and ticket agencies. Professional offices, business offices, and studios.
, Retail stores and establishments without limit as to floor area including the following:
Apparel stores.
Art supply stores and galleries.
Bakeries and confectioneries, including preparation of products for sale on the
premises. '
Bookstores.
Building materials stores without outdoor storage.
Camera stores and photographic studios.
Candy stores.
10 Ordinance No. 12, Series of 2008, PEC draft
Chinaware and glassware stores.
Delicatessens and specialty food stores.
Department and general merchandise stores.
Drugstores.
Electronics sales and repair shops.
Florists.
Food stores.
Furniture stores.
Gift shops.
Hardware stores.
Hobby stores.
Household appliance stores.
Jewelry stores. ,
Leather goods stores.
Liquor stores.
Luggage stores.
Music and record stores.
Newsstands and tobacco stores.
Pet shops.
Photographic studios.
Radio and television broadcasting studios.
Sporting goods stores.
Stationery stores.
Supermarkets.
Toy stores.
Variety stores.
Yardage and dry goods stores.
Additional offices, businesses, or services determined to be similar to permitted uses in
. accordance with the provisions of section 12-7E-2 of this article.
12-7E-4: CONDITIONAL USES:
The following conditional uses shall be permitted in the CSC district, subject to issuance
of a conditional use permit in accordance with the provisions of chapter 16 of this title:
Any use permitted by section 12-7E-3 of this article, which is not conducted entirely
within a building.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Bowling alley.
Brew pubs.
Child daycare centers.
Commercial laundry and cleaning services.
Communications antennas and appurtenant equipment.
Dog kennels.
Major arcades.
Multiple-family residential dwellings and lodges.
Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this
article.
Private clubs.
Private parking structures.
Private unstructured parking.
Public buildings, grounds and facilities.
Public park and recreation facilities. 11 Ordinance No. 12, Series of 2008, PEC draft
Public utility and public service uses.
Ski lifts and tows.
Theaters, meetings rooms, and convention facilities.
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_,~o_
m.r•~-- '-a r---
Section 15. Article 12-7F, Arterial Business District, of the Vail Town Code is hereby
amended as follows:
12-7F-3: PERMITTED USES
The following uses shall be permitted in the arterial business district: Eating and drinking establishments, as follows, are permitted on the first (street)
level:
Cocktail lounges and bars.
Coffee shops, fountains, sandwich shops and restaurant.
Employee Housing Units, as further regulated by cfiapter 13 of this title.
. Personal services and repair shops, as follows, are deemed to be generally
accessory and/or supportive of office uses and shall be permitted on the first
(street) level:
Beauty and barber shops.
Shoe repair. -
Tailors and dressmakers. Travel and ticket agencies.
Professional offices, business offices and studios. Radio and television broadcasting studios.
- Retail stores and establishments, as follows, are deemed to be generally
accessory and/or supportive of office uses and are therefore permitted so long as
they do not exceed eight thousand (8,000) square feet in floor area for each such
business use and so long as they are located on the first (street) level:
Art supply stores.
Bookstores.
Drugstores.
Florists. Newsstands. ,
Stationery stores.
Tobacco stores.
Additional offices, businesses or services determined to be similar to permitted
uses in accordance with the provisions of section 12-7F-1 of this article.
12-717-4: CONDITIONAL USES: A.Enumerated: The following conditional uses shall be permitted in the arterial business
district, subject to the issuance of a conditional use permit in accordance with the
provisions of chapter 16 of this title:
Any use permitted by section 12-7F-3 of this article, which is not conducted entirely
within a building.
Bed and breakfasts as further provided by section 12-14-18 of this title.
Brew pubs. ~
Child daycare centecs. ,
Communications antennas and appurtenant equipment.
Microbreweries.
Private unstructured parking.
Public buildings, grounds and facilities.
' 12 Ordinance No. 12, Series of 2008, PEC draft
Public park and recreation facilities.
Public utility and public services uses, including screened outside storage.
Service yards.
Transportation businesses.
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. , ~
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Section 16. Article 12-7G, Heavy Service District, of the Vail Town Code is hereby
amended as follows:
12-7G-5: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Animal hospitals and dog kennels.
Automotive service stations.
Building materials stores.
Business offices.
Commercial laundry and cleaning services.
Communications antennas and appurtenant equipment.
Corporation yards. Machine shops. .
- Motor vehicle sales and services. Repair garages.
Repair shops.
Seasonal plant product business.
Sexually Oriented Businesses.
Ski lifts and tows, and accessory dwelling unit for service personnel.
Tire sales and services, including retreading and recapping.
Transportation businesses.
Trucking terminals and truck service stations.
Warehouses.
Woodworking and cabinet shops.
. Accessory uses customarily incidental and accessory to the conditional uses set out in
this section and necessary for the operation thereof.
Additional commercial services determined to be similar to the conditional uses set out in
this section in accordance with the provisions of section 12-3-4 of this title.
Section 17. Article 12-7H, Lionshead Mixed Use 1 District, of the Vail Town Code is
hereby amended as follows:
12-7H-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA. BUILDING OR
OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a co.nditional
use permit in accordance with the provisions of chapter 16 of this title:
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Brewpubs. `
Coin operated laundries.
Commercial storage.
Communications antennas and appurtenant equipment.
Private outdoor recreation facilities, as a primary use.
13 Ordinance No. 12, Series of 2008, PEC draft
Public buildings, grounds, and facilities.
Public or private parking lots. Public park and recreation facilities. Public utility and public service uses.
Seasonal uses or structures utilized for more than fourteen (14) days. Single-family residential dwellings.
Ski lifts and tows.
- Television stations. Two-family residential dwellings.
Additional uses determined to be similar to conditional uses described in this section, in
accordance with the provisions of section 12-3-4 of this title.
Section 18. Article 12-71, Lionshead Mixed Use 2 District, of the Vail Town Code is
hereby amended as follows:
12-71-5: CONDITIONAL USES; GENERALLY (ON ALL LEVELS OFA BUILDING OR
OUTSIDE OF A BUILDING):
The following conditional uses shall be permitted, subject to issuance of a conditional
. use permit in accordance with the provisions of chapter 16 of this title:
Automotive service stations.
Bed and breakfasts as further regulated by section 12-14-18 of this title.
Brew pubs. Child daycare centers.
Commercial storage. _ Communications antennas and appurtenant equipment.
Laundromats.
Private outdoor recreation facilities, as a primary use.
Public buildings, grounds, and facilities.
Public or private parking lots.
Public parks and recreation facilities.
Public utility and public service uses.
Ski lifts and tows. Television stations.
Vehicle maintenance, service, repair, storage, and fueling.
Warehouses. Additional uses determined to be similar to conditional uses described in this section, in
accordance with the provisions of section 12-3-4 of this title.
Section 19. Article 12-8A, Agriculture and Open Space District, of the Vail Town Code is hereby amended as follows:
12-8A-2: PERMITTED USES:
The following uses shall be permitted in the A district:
Plant and tree nurseries and raising of field, row and tree crops.
Public parks, passive and active recreation areas, and open spaces.
Single-family residential dwellings.
Employee Housing Units, as further regulated by chapter 13 of this title.
12-8A-3: CONDITIONAL USES:
14 Ordinance No. 12, Series of 2008, PEC draft
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Any use within public parks, recreation areas, and open spaces which involves
assembly of more than two hundred (200) persons together in one building or group of
buildings, or in one recreation area or other public recreational facility.
Cemeteries.
Communications antennas and appurtenant equipment.
Low power subscription radio facilities:
Private golf, tennis, swimming and riding clubs, and hunting and fishing lodges.
Public and private schools. ~
Religious institutions.
Semipublic and institutional uses, such as convents and religious retreats.
Ski lifts and tows.
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.
Section 20. Article 12-813, Outdoor Recreation District, of the Vail Town Code is
hereby amended as follows:
12-813-3: CONDITIONAL USES:
The following conditional uses shall be permitted, subject to issuance of a conditional
use permit in accordance with the provisions of chapter 16 of this title:
Accessory buildings (permanent and temporary) and uses customarily incidental and
accessory to permitted or conditional outdoor recreational uses, and necessary for the
operation thereof, including restrooms, drinking fountains, bleachers, concessions,
storage buildings, and similar uses.
Cemeteries.
Equestrian trails, used only to access national forest system lands.
Communications antennas and appurtenant equipment.
Public parks and active public outdoor recreation areas and uses, excluding buildings.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities.
; Section 21. Article 12-8D, Ski Base Recreation District, of the Vail Town Code is
hereby amended as follows:
12-8D-2: PERMITTED USES: F. Employee Housing Units, as further regulated by Chapter 13 of this Title.
12-8D-3: CONDITIONAL USES:
The following conditional uses shall be permitted in the ski base/recreation district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Addition or expansion of storage buildings for mountain equipment. Additions or expansions of public or private parking structures or spaces.
Bed and breakfast as further regulated by section 12-14-18 of this title.
Child daycare center.
Communications antennas and appurtenant equipment.
Food and beverage cart vending.
15 Ordinance No. 12, Series of 2008, PEC draft
Public, private or quasi-public ciubs. Recreation room/minor arcade.
Redevelopment of public parks, playgrounds.
Redevelopment of ski lifts and tows.
Redevelopment of ski racing facilities. Redevelopment of water storage extraction and treatment facilities.
Seasonal structures to accommodate athletic, cultural, or educational activities.
Summer outdoor storage for mountain equipment. Summer seasonal community offices and programs.
, .
Section 22. Article 12-8E, Ski Base Recreation 2 District, of the Vail Town Code is
hereby amended as follows:
12-8E-2: PERMITTED USES:
A:The following uses shall be permitted within the ski base/recreation 2 district: '
Eating and drinking establishments including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops. .
Restaurants.
Employee Housing Units, as further regulated by,Chapter 13 of this Title:
Lodges. Private or public off street loading facilities.
Private or public off street vehicle parking structures.
Public parks and outdoor recreation facilities.
Residential uses including the following:
Accommodation units. Multi-family residential dwelling units.
Single-family residential dwelling units.
Two-family residential dwelling units.
Ski base oriented uses including the following:
Commercial ski storage on the basement or garden level of a building.
Retail stores and establishments.
Ski lifts and tows.
Ski patrol facilities.
Ski racing facilities. ,
Ski school facilities. Ski trails.
Skier and guest services including, but not limited to, uses such as basket rental,
lockers, ski repair, ski rental, lift ticket sales, public restooms, information/activity
desk.
Snowmaking facilities.
Special community events, including, but not limited to, ski races, festivals,
concerts, and recreational, cultural and educational programs and associated improvements/facilities, subject to the issuance of a special events license
12-8E-3: CONDITIONAL USES: .
,
16 Ordinance No. 12, Series of 2008, PEC draft
The following conditional uses shall be permitted in the ski base/recreation 2 district,
subject to the issuance of a conditional use permit in accordance with the provisions of
chapter 16 of this title:
Brew pubs. Communications antennas and appurtenant equipment.
Fractional fee units.
Outdoor dining decks and patios.
Private and public clubs.
Public utility and public service uses. ,
Gm~li+~ror~ ~ n~ ~sinn I Ini4~- _ f~ ~rFhcr ren~ ~1~4or1 hv f`h~n~cr 1 4 nf thic_Ti41a_
C::•r•=?~" • •.7 n'-c• -=u~.~_~~. ~i -----r-~" .
Additional uses determined to be similar to conditional or permitted uses described in
this chapter, in accordance with the provisions of section 12-3-4 of this title.
Section 23. Article 12-913, Parking District, of the Vail Town Code is hereby amended
as follows:
12-913-2: PERMITTED USES:
The following uses shall be permitted in the P district:
Private or public unstructured off street vehicle parking.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
12-913-3: CONDITIONAL USES: .
The following conditional uses shall be permitted subject to issuance of a conditional use
permit in accordance with the. provisions of chapter 16 of this title:
Communications antennas and appurtenant equipment.
Major arcades.
Parks and recreational facilities.
Private or public off street vehicle parking structures. , .
Public uses, private office and commercial uses that are transportation, tourist or town
related and that are accessory to a parking structure.
Temporary construction staging sites. For the purposes of this section, a"temporary
construction staging site" shall mean a site on which, for a temporary period of time,
construction materials, heavy construction equipment, vehicles and construction trailers
may be stored.
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r•-~== • •••a - =a---'--= =i - -
12-913-5: DEVELOPMENT STANDARDS:
Development standards in each of the following categories shall be as prescribed
by the Planning and Environmental Commission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage. 6. Landscaping and site development.
• 7. Parking and loading.
Section 24. Article 12-9C, General Use District, of the Vail Town Code is hereby
amended as follows: 17 Ordinance No. 12, Series of 2008, PEC draft
12-9C=2: PERMITTED USES:
The following uses shall be permitted in the GU district:
Bicycle and pedestrian paths.
Communications antennas and appurtenant equipment.
Employee Housing Units, as further regulated by Chapter 13 of this Title.
Passive outdoor recreation areas, and open space
12-9C-3: CONDITIONAL USES: A.Generally: The following conditional uses shall be permitted in the GU district, subject
• to issuance of a conditional use permit in accordance with the provisions of chapter
16 of this title: Child daycare centers.
Equestrian trails.
Golf courses.
. Healthcare facilities. .
Helipad for emergency and/or community use.
Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of trees or
other nursery products, grown, produced or made on the premises.
Public and private parks and active outdoor recreation areas, facilities and uses.
Public and private schools.
Public and quasi-public indoor community facilities.
Public buildings and grounds. ,
Public parking structure.
Public theaters, meeting rooms and convention facilities.
Public tourist/guest service related facilities. ,
Public transportation terminals.
Public unstructured parking. •
Public utility and public service uses.
Religious institutions. . Seasonal structures or uses to accommodate educational; recreational or cultural
activities. Ski lifts, tows and runs. , •
Water and sewage treatment plants.
Section 25. Section 12-13-4, Employee Housing, of the Vail Town Code is hereby ~
amended as follows:
,
18 Ordinance No. 12, Series of 2008, PEC draft
12-13-4: REQUIREMENTS BY EMPLOYEE HOUSING UNIT (EHU) TYPE
EHU Zoning districts Ownership/ Additional GRFA Additional Site Garage Parking Minimum/Maximu Density
permitted by right er-4 Transference Coverage / CrediUStorage m GRFA of an
GGRdafien^ Reduced Requirement EHU
Landsca e Area
Type I PerFn+#ed-Idse: The EHU may The EHU is entitled SITE COVERAGE: Allowed 300 sq. Per Chapter N/A The EHU is
. Primary/Secondary be sold or to an additional The site is entitled ft. of garage area -12-10 as a allowed as a
Residential, transferred 550 sq. ft. GRFA to an additional 5% per enclosed dwelling second unit
Two-Family Residential separately. deduction. of site coverage for vehicle space at unit. on the
(only on lots less than the EHU. , a maximum of 2 property.
14,000 sq. ft. in size) parking spaces
LANDSCAPE (600 sq. ft.).
AREA: All units not
The site is entitled constructed with
to a reduction of a garage shall be
landscape area by required a 5% (reduced to minimum 75 sq.
55% of site area) ft. of storage area
for the EHU. in addition to
normal closet
space. This 75
sq. ft. shall be a
credit for storage
onl . -
Type II Peffnitted-Usei The EHU shall The EHU is entitled N/A Allowed 300 sq. Per Chapter 300 sq. ft. min. The EHU is
Single-Family not-be sold or to an additional ft. of additional 12-10 as a and allowed as a
Residential, Two-Family transferred 550 sq. ft. GRFA garage area for dwelling 1,200 sq. ft. max. third unit on
Residential, separately from deduction. - the EHU. unit. property.
Primary/Secondary the unit it is All units not
Residential associated constructed with
with. a garage shall be
. required a
Agriculture & Open minimum 75 sq.
Space ' - ft. of storage area
in addition to
normal closet
space. This 75
~ sq. ft. shall be a
credit for storage
onl .
19 Ordinance No. 12, Series of 2008, PEC draft
J
a~: The EHU may The EHU is N/A N/A Per Chapter A. Dwelling unit: The EHU is
Type III °°F^n*a '
Lionshead Mixed Use 1 be sold or excluded from the 12-10 as a 300 sq. ft. min. excluded
Lionshead Mixed Use 2 transferred calculation of dweiling and from the
separately. GRFA. _ unit. 1,200 sq. ft. max. calculation
, B. Dormitory of derisity.
Residential Cluster unit:
Low Density Multiple- 200 sq.ft. min. for
Family each person
Medium Density occupying the .
Multiple-Family EHU.
High Density Multiple-
Family
Public Accommodation Rublic Accommodation 2
Commercial Core 1
Commercial Core 2 .
Commercial Core-3
Commercial Service ,
Center ' . Arterial Business Parking District
General Use
Heavy Service
Ski Base/Recreation
Ski Base/ Recreation 2
Special Development
Distriet
Type IV Any dwelling unit may be The EHU may N/A N/A , N/A Per Chapter N/A The EHU is
designated and deed be sold or 12-10 as a calculated
restricted as a Type IV transferred dwelling as density.
EHU, unless already separately. unit.
designated as an EHU.
Type IV-CL °WF~id Us ' w The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is
(Commercial Any dwelling unit may be be sold or 12-10 as a 23, Commercial calculated
Linkage designated and deed transferred dwelling. Linkage as density.
mitigation restricted as a Type IV- separately. The _ unit.
- unit) CL EHU, unless already EHU shall be '
designated as an EHU. linked to a ,
specific
Commercial
Linkage
employee
housin _ 20 ' Ordinance No. 12, Series of 2008, PEC draft
mitigation
requirement.
Type IV-IZ ReFFAitted-Use: The EHU may N/A N/A N/A Per Chapter Per Chapter 12- The EHU is
(Inclusionary Any dwelling unit may be be sold or 12-10 as a 24, Inclusionary calculated
Zoning designated and deed transferred dwelling Zoning as density.
mitigation restricted as a Type IV- separately. The unit.
unit) IZ EHU, unless already EHU shall be
designated as an EHU. linked to a
specific
Inclusionary
Zoning
employee
housing
mitigation -
re uirement.
Type V °°•^~~ei The EHU shall N/A N/A N/A Per Chapter 1,200 sq. ft. max. The EHU is
Hillside Residential not be sold or 12-10 as a allowed as a
transferred dwelling second unit
separately from unit. on the
- the unit it is property. .
associated
with.
Type VI d'tieRal . As governed by As determined by As determined by As determined by Per Chapter As determined by As
Housing the the PEC. the PEC. the PEC. 12-10 as a the PEC. determined
management dwelling unit by the PEC.
plan. or a parking
Shall not be managemen
subdivided or t plan per
~ divided into any Article 12-61,
form of time Housing
share, interval District
ownership, or
fractional fee
unit.
21 Ordinance No. 12, Series of 2008, PEC draft
Type VII-CL P8FFni#ed-Use: The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is
(Commercial High Density Multiple be sold or excluded from the 12-10 as a 23, Commercial excluded
Linkage Family, Housing District, transferred calculation of dwelling unit Linkage from the
mitigation Public Accommodation, separately. The GRFA. or a parking calculation
unit) Public Accommodation EHU shall be managemen of density. 2, Commercial Core 1, linked to a t plan per
Commercial Core 2, specific Chapter 12-
Commercial Core 3, Commercial 23,
Commercial Service Linkage Commercial
Center, Arterial employee Linkage
Business, General Use, housing
Lionshead Mixed Use 1, mitigation
Lionshead Mixed Use 2, requirement.
Ski Base/Recreation, Ski -
Base/Recreation 2,
Parking District, and
Special Development
Districts ~
22 Ordinance No. 12, Series of 2008, PEC draft
TypeVll-IZ PeffR+tted-Usei The EHU may The EHU is N/A N/A Per Chapter Per Chapter 12- The EHU is
(Inclusionary High Density Multiple be sold or excluded from the 12-10 as a 24, Inclusionary excluded
Zoning Family, Housing District, transferred calculation of dwelling unit Zoning from the
mitigation Public Accommodation, separately. GRFA. ' or a parking calculation
unit) Public Accommodation The EHU shall managemen of density.
2, Commercial Core 1, be linked to a t plan per
Commercial Core 2, specific Chapter 12-
Commercial Core.3, Inclusionary 24,
Commercial Service Zoning Inclusionary
Center, Arterial employee Linkage.
"Business, General Use, housing
Lionshead Mixed Use 1, mitigation
Lionshead Mixed Use 2, requirement.
Ski Base/Recreation, Ski
Base/Recreation 2, Parking District, and .
Special Development Districts
23 Ordinance No. 12, Series of 2008, PEC draft
Section 26. Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby
amended as follows: 12-16-8: PERMIT APPROVAL AND EFFECT:
Approval of a conditional use permit, or an amendment to an existing conditional use
permit, shall lapse and become void if a building permit is not obtained and construction
not commenced and diligently pursued toward completion or the use for which the
approval has been granted has not commenced within two (2) years from when the
approval becomes final. Approval of a conditional use permit shall also lapse and
become void if the use for which the approval has been granted is discontinued for a
period of two (2) years, regardless of any intent to resume operation of the use.
Section 27 Chapter 12-16, Conditional Use Permit, of the Vail Town Code is hereby
amended as follows:
12-16-10: AMENDMENT PROCEDURES:
1. The Administrator may approve amendments to an existing conditional use
permit (including, but not limited to, additions to buildings and structures
associated with the use, changes to the operation of the use, changes to the
previous conditions of approval, etc.) if the Administrator determines the
amendment meets the following criteria: a. The amendment is in accordance with all applicable elements of the Vail
Town Code and the Vail Comprehensive Plan; and,
b. The amendment does not significantly alter the basic character or intent of
the original conditional use permit; and,
c. The amendment will not adversely affect the public health, safety, and welfare.
~
2. All amendments to an existing conditional use permit not meeting the above '
listed criteria, as determined by the Administrator, shall be reviewed by the
Planning and Environmental Commission in accordance with the procedures
described in Section 12-16-5 of this chapter.
Section 28. Chapter 14-10, Design Review Standards and Guidelines, of the Vail
Town Code is hereby amended as follows:
14-10-12: Communications antennas and appurtenant equipment:
Communications antennas and any associated appurtenant equipment should be
integrated into existing principle buildings and structures. All antennas and
appurtenant equipment shall be located and screened so as not to detract from
the overall site design quality.
Section 29. 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,
24 Ordinance No. 12, Series of 2008, PEC draft
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 30. 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 31. 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 32. 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 July, 2008 and a public
hearing for second reading of this Ordinance set for the 15'h day of July, 2008, in the Council
Chambers of the Vail Municipal Building, Vail; Colorado.
Richard D. Cleveland, Mayor
Attest:
' Lorelei Donaldson, Town Clerk
25 Ordinance No. 12, Series of 2008, PEC draft
Community Development Department
75 South Frontage Road
Vail, Colorado USA 81657
VM" A
TONVE
CON
DITIONAL USE PERMIT
This conditional use permit is issued pursuant to the provisions of the Town of Vail Zoning Regulations for the following:
a
Name of project: Owner Name(s): p
n
S
Description of project: 3
c~
3
Address and Legal Description of project:
W
Permit Number(s): Date of Approval:
Conditions of Approval:
NOTE: The Administrator may suspend or revoke a conditional use permit issued under the provisions of Vail Town Code whenever
the permit is issued in enor, or on the basis of incorrect information supplied, or when it is detemuned that the use or portion thereof is
in violation of any condition of approval or any regulation of the Vail Town Code.
Administrator Date
. .
't • .J ~i
~y.e N^~'~'
"•i.l.•tii ..a::
Ordinance No,12, Series of 2008
Text A'mendments
4 ' r
z S j l
s~'....""7 77 ;
m
Goal m strea Iine th `y
9
~ r~ +,.-7[''~ ~i' ~ C '3wn'~ t`~~ ^:h` y ,..Y ~ e.k ~ r , -a f~~. 'Ta 3 y~.~ rt/~~
'Y'
p ~
~ ~ .
r~ 3
~ Fr e ~ ~ yv~ "k.,~ x£ . ~'y~ ' S'.. 4~„it t, t' ..rq.
t ~ Y C '"i ~ •r- J s'. . /`T1 ~ ~ ~ Town's d(-:%:veIa-%PmfC, no t ~
~ ~ - ,t} i ~ ~ ~Ld j~ N. K x . -t ~ ~"f ~ t ~ •x,~i~,ro ~ ~'x~t~ M ~D
. ~d z TR . Ty . H F ro3~ y ~ F ~.,cs ~,~+.''wv' pT ~.F~
review process ~
c s. ;
~ ~ ' n'i ~ r s t ~ -
X~4.~~
, j• ` F o . ~zJ P_ . . t r k-A
Y
~ ~ { 4 L ~ ~ ~ , r iy ~ . i> .
. y 'k - .
~ ~ .
~ ~ t ry ~i i w . a s~~ a r ~ ~ i > r ` S'c . . y :~r ,,,r •
. t
` ~ ~ 1 • f d . ~ . .
_ t,t~3A~,-
~
-t ~ya ~'~~C'~~' ~~~a~ ~ tb,~ r'.fi.F~#1'^`r~ ~9?~e 'i' :,~L,~._ .
~
z ~p~
~
~i
~ ' ~~j~R
~ g
rs ~ '~a^
~Mi''
k'rkrd
s^~ 0 rd 1~~ Nom 1""
a}y~ ~
. ....F`~~f
~
• To review certain conditional use permit
~A
.
applications administrat~ve y ~
r h4 (C
L L:~~1¢~..e
• To create time and cost savings for
y+^"iy{'~~r~~A.?Cy~~G~
~ '
'~'rt ~ ~*rv' ~
applicants staff and the PEC
~~~i?~~~~~~~~~ To achi-eve the same development outcorr,es
as the current review process ~
~.w*a
P>
. ,
. } J ~ fi 1 '1 ~~~lw.
J:
•?i.~' Sae.a . r 1 r f~
- %•.~:+;k.°- m
t Review Applications Administratively
,S.
s r{~~~~ • Employee Housing Units as permitted uses
_ •••r:~
i
fi 'r)
4 y _
• Communications antennas as permitted uses
: H^t=l~
(General Use, Housing, and Commercial Core 3 only)
f~~:f..~.~ ATM's as permitted uses
(Vail Village and West Vail only)
~j~~~~~~`~~y • Minor CUP amendments reviewed by Staff
r ~
~
-
~'l
~.a~~
t'~ ~~~,y,~`'-• ~'fi~~~2'r~.~~ . .
s
.~r~.+~.~n~•'.?.. 7 Y`~, .
a 7`R`~mS~n62la;'
m '
Cu.,catin" ~ ~ ~ wciqtl Sacawlnofls
x RF a~. ,p.Y'''
SZ•i~,~;~,~.' a~',;Tr~!~' '~~ri:,
•-PEC CUP ap plicatoon review process:
t ~ 2 ~ .r~~4 ¦
• _4 weeks applicant. 's review pereod
, > 30 hrs. of staff time ~
7 hrs. PEC member time
i;
a
•>$1 000 loss to the TOV rtax pa7ers
\ )
~
~~~?~.7'~':f~''^~,~~
a i~~~`~''~pKr-~. ~
~
$s i g
x~
• Staff Creview process:
• 1-2 week review period time savings
e> 18 hrs. of staff time savings
~
rw~~
o> 6%2 hrs. PEC member time savings
```d'7r~-e,'S.•.;w .'x~'~' .
• >$650 cost savings to the TOV (tax payers)
' a
, r
s' " I
c ' L
'M G i°fis M a9`il.
j ...>_...._`e.~._...... ..._..w
~
°
Creating Time and Cost Savings
' 'ff
.r 1 • 246 CUP applications from 1990-2008
_I
• Only 4 appIication were denied ~
~
• 119 could have been staff reviewed
• Total reduct. ~on in PEC rev. ~ews 48%
9 Further PEC
~ 52.0% o Review
48.0/0
O Possible Staff
~
Review
~
- ;
!
y M,I( ' i~~° ~ S•"CK7 e,r- y?''"k' .ai' J.~-~y Y. % ~ "'S s ~ r
Ef~„'~`s4~;f
.fi'
us;~ffi~~ ti~'
~nx,a}'~'~"h
{.~s9~{h ~^`~~r'~,~.
¢j : . .
~ i
~i ~ 3 °r
n~~,~~xe~~4~„~. 0,
A'
~.~c~r
,~~rr,
MAv;&hI?,'%IWffIn^ thO SaEO-imte Out%,C.
y
"~"NSi~~psev
;u ?
P•9. ~
VOC. .
Y
l
Several EHU Types are alreadY perm'itted.
• Communications Antennas have historicall
y
~~'~"~A` -`~ax~ ¦ ¦
been approved subject to desi'gn revoew.
• ATM's are alreadY permitted in Lionshead.
,
• CUP amendments rnus~~
~.......~~~a 54
z~~~.:~~~~~ ~ • ComplY with zoning and master plans
• Not-alter the character and intent of the use
• Not adverse9y affect public health, safety, and
~
welfare
,
+ ~L!',~~ g'~ f toY~
_ ~.azs~r~~:ti~~ n~'e?• ~3 -
, '
Town of Vail
Proposed 2009 Budget Tometable
Budget Guidelines Completed
Presentation of 2007 audit report to Council 06/03/08 J
Council discussion of budget timetable 8 philosophies 05/20/08 J
Guidelines distributed to department heads 06/03/08 J
2008/2009 parking task force meeting TBD
Budget Preparation
Council discussion of major revenue items 06117I08 J
Council discussion of 2008 Off-Cycle Contribution Requests 06/17/08 J
Staff prepares departmental budgets 06/23/08 to 07/18/08
Town Manager reviews departmental budgets 07/25/08 to 09/05/08
Capital budget request for county funds submitted 07/25/08
Cauncil discussion of Vail Reinvestment Authority capital budget 08119/08
Council discussion of 15 & 5-year Capital plan 08119108
Council discussion of 15 8 5-year RETT plan 08/19108
Potential special meeting to follow up on capital plans 08l26/08
Council follow-up discussion of 15 8 5-year Capital 8 RETT plans 09/02I08
VLMD Board review of 2009 Operating Plan 09/02I08
Council review of first draft of Town Manager's budget 09/16/08
Council review of second draft of Town Manager's budget 10/07/08
Budget Documentation and Reporting
First reading of 2008 Supplemental Number Two 09/02/08
Second reading of 2008 Supplemental Number Two 09/16108
First reading of 2009 budget ordinance 10/21/08
Vail Reinvestment Authority Budget Resolution 10/21/08
Second reading of 2009 budget ordinance 11/04J08
Vail Local Marketing District Budget Resolution 11/04J08
First reading of mil levy certification ordinance 11/18/08
First reading of 2008 Supplemental Number Three 12/02/08
Second reading of mil levy certification ordinance 12/02/08
Second reading of 2008 Supplemental Number Three 12/16l08
Mil levy certification deadline to Eagle County 12/15/08
Budget book submission (to State) 01/31/09
j Attachment A
;