Loading...
HomeMy WebLinkAbout2018-09-24 PEC0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl) September 24, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Attendance Present: Brian Gillette, Ludwig Kurz, Pam Hopkins, John Ryan Lockman, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: (Commissioner Gillette left the meeting following the site visit.) Site Visits 2.1. 1295 Westhaven Drive - Cascade/Talisa Parking Garage 2.2. 1170 Westhaven Lane - Glen Lyon Subdivision 3. Main Agenda 3.1. A request for a final recommendation to the Vail Town Council on a major 45 min. amendment to Special Development District No. 4, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC18-0032) Applicant: Ignacio Torras, represented by Mauriello Planning Group Planner: Jonathan Spence Condition: This recommendation of approval does not include the applicant's proposed deviation from Section 12-13-5 D4 concerning the ability to bank excess EHU GRFA. Planner Spence provided an overview of the application, including the changes to the building envelope, and modifications to the required Employee Housing Unit (EHU) to allow for off-site EHU. Applicant has started the EHU Exchange Program process, and will be discussing this request with the Vail Local Housing Authority (VLHA). Applicant would like to do EHU banking, in case there is excess floor area in the new EHU unit. Staff does not have the resources to keep track of banking of EHU credits. Stockmar — Can the application still move forward without banking of the EHU credit? Spence — Yes. Spence further described how building envelopes are generally used to protect topographical feature or vegetation. Kjesbo —Asked if any variances will be requested. Spence indicated no Dominic Mauriello — We are requesting a building envelope amendment, and a revision to the required on site employee housing. When this lot was first approved, the GRFA was adjusted, and each lot was required to provide an on site EHU. At the time, there was no Employee Housing Exchange Program. We propose to provide double the amount of square footage in Employee Housing, 500 square feet is required, and 1,000 square feet would be provided. The adjacent property would also have the ability to participate in an EHU exchange. Mauriello provided a review of the existing lot dimensions and building envelope. He explained the requirements of Special Development District #4, and some of the SDD amendments. He explained how this lot was originally one large duplex lot, then in 1982 split into two single-family lots, which included a dedication of stream tract to the Town of Vail. Our proposal includes a building envelope for the home, and a separate envelope for recreational use, currently proposed for paddle ball. Mauriello explained that the Town Code does not address recreational use envelopes. Buildings would not be allowed in the recreational use envelope. He explained the proposed site plan. The site plan and design of the home have been conceptually reviewed by the Design Review Board. He also showed a video about paddle ball. Mauriello explained how the EHU Exchange Program works, and the proposed changes to the S D D needed to allow this exchange to happen. Applicant believes that we meet all required code criteria for this application. Stockmar — What happens if they never build the off-site EHU? Spence — They will be required to provide evidence of the new EHU before obtaining a Certificate of Occupancy for the new home. Lockman — Will the courts be heated, and will this be used in winter? Public Comment Eleanor Bromonte — Paddle ball is typically played during the winter months. Spence — The proposal is not to review the design of the padel court, just the request to amend the building envelopes. Lockman — Is the EHU Exchange Program ready to deal with this request? Spence — The EHU Exchange program is up and running, but we do not currently allow for EHU Banking. But that part of the program does not currently have the ability to track the credits of unneeded EHU square footage. Hopkins — No comments Perez — No comments Kjesbo — Don't see any reason for the building envelope. I'm aware of how the EHU exchanges are done, and was previously told that I could not bank EHU credits. It's a benefit to get 1,000 square feet of off-site housing. Stockmar — I'm in favor of any reasonable effort to improve employee housing in town. This is a reasonable request, but I would like to see some progress on the EHU banking. Spence — EHU exchanges do not come to PEC, they are handled by staff and the VLHA. Stockmar — Proposal makes sense to me. Ludwig Kurz moved to recommend approval to Town Council with a condition. John -Ryan Lockman seconded the motionand it passed (6-0). 3.2. A request for the review of a Conditional Use Permit, pursuant to Section 5 min. 12-16, Conditional Use Permits, Vail Town Code, to allow for Unit 4, Level 4, Cascade Club Condominiums to be used for temporary conferences, conventions and special events, located at 1295 Westhaven Drive Unit 4/Unplatted, and setting forth details in regard thereto. (PEC18-0033) Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by Mauriello Planning Group Planner: Chris Neubecker Neubecker explained that this application had been approved administratively, but that staff was available to answer any questions. 4. Approval of Minutes September 10, 2018 PEC Results Ludwig Kurz moved to approve. J ohn- Ryan Lockman seconded the motionand it passed (6-0). 5. Adjournment Rollie Kjesbo moved to adjourn.Ludwig Kurz seconded the motionand it passed (6-0). 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 24, 2018 ITEM/TOPIC: A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC18-0032) ATTACHMENTS: File Name PEC18-0034 SDD#4 Torras Residence Staff Memo.pdf Glen Lvon Lot 39-1 39-2 - Torras Residence - 1150 1170 Westhaven Lane - SDD Amendment - 201 Torras Cascade SDD Amendment 5-15-18 Part1.pdf Torras Cascade SDD Amendment 5-15-18 Part2.Ddf Torras Cascade SDD Amendment 5-15-18 Part3.pdf Attachment C. Plan Set.pdf 1998-23.pd Description Staff Memorandum Attachment A. Vicinity Map Attachment B. Project Narrative, September 18, 2018 (part 1) Attachment B. Project Narrative, September 18, 2018 (part 2) Attachment B. Project Narrative, September 18, 2018 (part 3) Attachment C. Plan Set, September 2018 Attachment D. Ordinance No. 23, Series of 1998. TOWN OF Memorandum TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 24, 2018 SUBJECT: A request for a final recommendation to the Vail Town Council on a major amendment to Special Development District No. 4, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC18-0032) Applicant: Ignacio Torras, represented by Mauriello Planning Group Planner: Jonathan Spence SUMMARY The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4 (Cascade Village), Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision. Based upon staff's review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission (PEC) forward a recommendation of approval, with a condition, of the major amendment to SDD No. 4, Glen Lyon Subdivision, subject to the findings noted in Section VIII of this memorandum. II. DESCRIPTION OF REQUEST The applicant, Ignacio Torras, represented by Mauriello Planning Group, is requesting a major amendment to SDD No. 4, Glen Lyon Subdivision, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1170 Westhaven Lane. Specifically, the applicant is requesting the following: Development Standards/Building Envelope(s) The applicant is proposing to amend both the location of the building envelope and its regulations while maintaining its size. As illustrated on the proposed building envelope exhibit (page 4 of the applicant's narrative, Attachment B), the applicant proposes to shift the envelope slightly to the south and west while maintaining the existing approved size of 10,160 square feet. The applicant proposes to amend the language concerning the building envelope to allow roof overhangs and retaining walls to be permitted outside of the envelope, consistent with current Town of Vail regulations concerning setbacks. Existing development standards for the property already allow the construction of at -grade patios to occur outside of the envelope. In addition to the building envelope modifications, the applicant is proposing a second recreational use envelope on the property where certain at and below grade improvements would be permitted. This envelope is envisioned to house a below -grade padel court, a racquet sport somewhat similar to squash with courts 1/3rd the size of a tennis court played with stringless racquets (https://en.wikipedia.org/wiki/Padel (sport). Employee Housing The existing approved regulations for the subject properties, contained in Ordinance #23, Series of 1998, require the construction of a Type II Employee Housing Unit (EHU) onsite for both lots 39-1 and 39-2. The minimum required size of the units is 500 square feet of GRFA. The applicant is requesting the option to participate in the Employee Housing Deed Restriction Exchange Program (Sec. 21-13-5, Vail Town Code). The proposal is mitigate the EHU relocation at a rate of 2:1, regardless of the location of the offsite EHU. The Vail Town Code requires a mitigation rate of 2:1 when both the receiving and sending location of the EHU is outside of the Commercial Job Core, as defined. As Lots 39-1 and 39-2 are located outside of the Commercial Job Core, this proposal is consistent with the code. The applicant is requesting a deviation from the code with respect to Sec. 12-13-5 D4. This section expressly prohibits any GRFA in excess of the required GRFA to be used for future credit or to meet the requirements of the Town's Inclusionary Zoning or Commercial Linkage programs. The applicant, as part of the exchange program, will be presenting before the Vail Local Housing Authority (VLHA) on September 25, 2018. Staff is not supportive of the requested deviation as the Town does not currently have the resources necessary to administer an EHU mitigation banking system. In addition to the previously referenced narrative (Attachment B), a vicinity map (Attachment A), plan set (Attachment C), and Ord. No. 23, Series of 1998 (Attachment D) are attached for review. Town of Vail Page 2 III. BACKGROUND Cascade Village, which includes the subject properties, was approved under Eagle County jurisdiction prior to annexation by the Town of Vail in 1975 and was zoned SDD #4 in 1976. Unlike other Special Development Districts within the Town of Vail, the project does not have an underlying zone district. Originally, Lots 39-1 and 39-2 were on large residential lot permitted for a duplex. In 1982, via a major amendment to the SDD, the property was split into two (2) single family lots. This amendment also included a dedication of land to the adjacent town -owned Streamtract. In 1997, also via a major amendment to the SDD, the property became subject to the development standards of the Two-family Primary/Secondary Residential (PS) District, similar to other low density residential lots within the SDD, while maintaining the allowable density at one unit per lot. Although originally proposed as an option, the Vail Town Council required both lots to include an onsite Type II EHU with a minimum size of 500 square feet of GRFA. Although the required EHUs were Type II, additional allowances of GRFA, permitted under the Type II regulations, were specifically prohibited. Please Ordinance No. 23, Series of 1998 (Attachment D) for additional information concerning this amendment. IV. APPLICABLE PLANNING DOCUMENTS Staff finds that the following provisions of the Vail Town Code are relevant to the review of this proposal: Title 12, Zoning Regulations, Vail Town Code Chapter 2, Section 2: Definitions of Words and Terms (in part) SPECIAL DEVELOPMENT DISTRICT, MAJOR AMENDMENT: Any proposal to change uses, increase gross residential floor area, change the number of dwelling or accommodation units, modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, "Interior Conversions", or 12-15-5, "Additional Gross Residential FloorArea (250 Ordinance)", of this title. Chapter 9, Article A. Special Development (SDD) District (in part) 12 -9A -1-A: PURPOSE.- The URPOSE: 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 Town of Vail Page 3 the natural and scenic features of open space areas, and to further the overall goals of the community as stated in the Vail comprehensive plan. An approved development plan for a special development district, in conjunction with the property's underlying zone district, shall establish the requirements for guiding development and uses of property included in the special development district. 12-9A-4: DEVELOPMENT REVIEW PROCEDURES.- A. ROCEDURES: A. Approval Of Plan Required: Prior to site preparation, building construction, or other improvements to land within a special development district, there shall be an approved development plan for said district. The approved development plan shall establish requirements regulating development, uses and activity within a special development district. B. Preapplication Conference: Prior to submittal of a formal application for a special development district, the applicant shall hold a preapplication conference with the department of community development. The purpose of this meeting shall be to discuss the goals of the proposed special development district, the relationship of the proposal to applicable elements of the town's comprehensive plan, and the review procedure that will be followed for the application. C. PEC Conducts Initial Review: The initial review of a proposed special development district shall be held by the planning and environmental commission at a regularly scheduled meeting. Prior to this meeting, and at the discretion of the administrator, a work session may be held with the applicant, staff and the planning and environmental commission to discuss special development district. A report of the department of community development staff's findings and recommendations shall be made at the initial formal hearing before the planning and environmental commission. Within twenty (20) days of the closing of a public hearing on a proposed amendment, the planning and environmental commission shall act on the petition or proposal. The commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the town council. D. Town Council Review: A report of the planning and environmental commission stating its findings and recommendations, and the staff report shall then be transmitted to the 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 Town of Vail Page 4 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, either in accordance with the recommendation of the planning and environmental commission or in modified form, or the council may deny the petition. If the council elects to proceed with an ordinance adopting an SDD, the ordinance shall be considered as prescribed by the Vail town charter. 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS.- A. INDINGS: A. Criteria: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved.- 1. chieved: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Town of Vail Page 5 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. B. Necessary Findings: Before recommending and/or granting an approval of an application for a special development district, the planning and environmental commission and the town council shall make the following findings with respect to the proposed SDD.- 1. DD: 1. That the SDD complies with the standards listed in subsection A of this section, unless the applicant can demonstrate that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved. 2. That the SDD is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town, and 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the SDD 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. 12-9A-9: DEVELOPMENT STANDARDS.- Development TANDARDS: Development standards including lot area, site dimensions, setbacks, height, density control, site coverage, landscaping and parking shall be determined by the town council as part of the approved development plan with consideration of the recommendations of the planning and environmental commission. Before the town council approves development standards that deviate from the underlying zone district, it should be determined that such deviation provides benefits to the town that outweigh the adverse effects of such deviation. This determination is to be made based on evaluation of the proposed special development district's compliance with the design criteria outlined in section 12-9A-8 of this article. 12-9A-10: AMENDMENT PROCEDURES.- B. ROCEDURES: B. Major Amendments.- Town mendments: Town of Vail Page 6 UI 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. 2. Owners of all property requesting the amendment, or their agents or authorized representatives, shall sign the application. Notification of the proposed amendment shall be made to owners of all property adjacent to the property requesting the proposed amendment, owners of all property adjacent to the special development district, and owners of all property within the special development district that may be affected by the proposed amendment (as determined by the department of community development). Notification procedures shall be as outlined in subsection 12-3-6C of this title. Vail Land Use Plan Chapter 11 — Land Use Plan Goals / Policies (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. ZONING AND SDD NO. 4, GLEN LYONS SUBDIVISION ANALYSIS Address: Legal Description: Existing Zoning: Existing Land Use Designation Mapped Geological Hazards: View Corridor: 1150 and 1170 Westhaven Lane Glen Lyon Subdivision, Lots 39-1 and 39-2 SDD #4 Cascade Village (no underlying zone district) Open Space Streep Slope > 40% None VI. SURROUNDING LAND USES AND ZONING Existing Land Use: North: TOV Streamtract South: Vail Resorts Town of Vail Zoning District: Not designated Eagle County Page 7 East: TOV Open Space West: TOV Streamtract VII. SDD REVIEW CRITERIA Agriculture and Open Space (A) District Not designated Before acting on an SDD application, the PEC and Town Council shall consider the following factors with respect to the proposed SDD: 1. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. The proposed major amendment involves only the reconfiguration of an existing building envelope, minor modifications to the location of retaining walls and the creation of a recreational amenity envelope solely for at grade and below grade improvements. Future development on the site must adhere to all appropriate development standards including GRFA, site coverage and building height, which are unaffected by this proposal. As a result, the proposed amendment will have no effect on design compatibility and sensitivity to the environment and neighboring and adjacent properties. Staff finds the proposal complies with this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. The proposed major amendment will have a minimal effect on the permitted uses, activities or site density. The proposed recreational building envelope will have a minimal impact as it is restricted to at grade and below grade development. The ability to participate in the Employee Housing Unit Deed Restriction Exchange Program may result in a decrease in density on the subject properties. Staff finds the proposal complies with this criterion. 3. Parking and Loading: Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, Off Street Parking and Loading, Vail Town Code. The proposed major amendment may result in a reduction of the required parking for the property upon development. All future development or redevelopment will be required to provide parking in accordance with the code. Staff finds the proposal complies with this criterion. Town of Vail Page 8 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. The proposed major amendment conforms to the following elements of the Vail comprehensive plan, town policies, and urban design plans: Vail Land Use Plan Chapter // — Land Use Plan Goals / Policies (in part) 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 5.4 Residential growth should keep pace with the market place demands for a full range of housing types. Staff finds the proposal complies with this criterion. 5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. The subject property is not located within any natural or geologic hazard. Staff finds the proposal complies with this criterion. 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Future development on the site will be required to meet all applicable development standards and require a review by the Design review Board. Staff finds the proposal complies with this criterion 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Town of Vail Page 9 The proposed major amendment will have no effect on on-site or off-site traffic circulation. The payment of a traffic impact fee will be required prior to building permit issuance. Staff finds the proposal complies with this criterion. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. The proposed major amendment does not include any changes to the landscaping or open space on the site. Landscaping will be reviewed as part of any future development application before the Design Review Board. Staff finds the proposal complies with this criterion. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The proposed major amendment does not include any phasing or subdivision plan. Staff finds this criterion non -applicable. VIII. ENVIRONMENTAL IMPACTS The proposed amendment to the SDD is not anticipated to have any environmental impacts other than those generally associated with single family home construction. In addition to meeting all required dimensional and development standards, development on the property will have to adhere to all applicable regulations concerning limits of disturbance, material storage and erosion control. IX. STAFF RECOMMENDATION Based upon the review of the criteria outlined in Section VII of this memorandum and the evidence and testimony presented, the Community Development Department recommends the PEC forwards a recommendation of approval, with a condition, to the Town Council on a major amendment to Special Development District No. 4, Cascade Village, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. Town of Vail Page 10 Should the PEC choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Town Council for a major amendment to Special Development District No. 4, Cascade Village, Glen Lyon Subdivision, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site, located at 1150 and 1170 Westhaven Lane/Lot 39-1 and Lot 39-2, Glen Lyon Subdivision, and setting forth details in regard thereto. " Should the PEC choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the following conditions: 1. This recommendation of approval does not include the applicant's proposed deviation from Sec. 12-13-5 D4 concerning the ability to bank excess EHU GRFA. Should the PEC choose to forward a recommendation of approval, with a condition, for this request, the Community Development Department recommends the PEC makes the following findings: 'Based upon the review of the criteria outlined in Section Vll of the Staff Memorandum to the Planning and Environmental Commission dated September 24, 2018, and the evidence and testimony presented, the Planning and Environmental Commission finds.- 1. inds: 1. That the SDD complies with the standards listed in Section 12 -9A -8-A, Vail Town Code, or the applicant has demonstrated that one or more of the standards is not applicable, or that a practical solution consistent with the public interest has been achieved; 2. That the SDD is consistent with the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town,- 3. own, 3. That the SDD is compatible with and suitable to adjacent uses and appropriate for the surrounding areas, and 4. That the SDD 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 Town of Vail Page 11 established character as a resort and residential community of the highest quality. " X. ATTACHMENTS A. Vicinity Map B. Project Narrative, September 18, 2018 C. Plan Set, September 2018 D. Ordinance No. 23, Series of 1998. Town of Vail Page 12 4fA ilply �q a. f.9, � i • 4b Z J z W • Q T- U) U) W MIA i MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT#4: CASCADE VILLAGE TO ALLOW FOR THE MODIFICATION OF THE BUILDING ENVELOPE ON LOT 39-1 AND THE ABILITYTO PROVIDE EMPLOYEE HOUSING OFF-SITE u Mauriello Planning Group Applicant: Ignacio Torras Submitted to the Town of Vail: August 15, 2018 Revised September 18, 2018 I. INTRODUCTION The owner of 1170 Westhaven Lane / Lot 39-1, Glen Lyon Subdivision, Ignacio Torras, is requesting a major amendment to Special Development District (SDD) #4 Cascade Village to allow for modifications to unique requirements placed on Lot 39-1. Specifically, the there is a building envelope located on the property and a requirement for an on-site Type employee housing unit (EHU). Mauriello Planning Group, representingthe owner, is requesting a Major Amendment to Special Development District No. 4 to allow for an amendment to the building envelope, language regulating the building envelope, and the ability to provide employee housing off-site. The amended employee housing provision would allow both Lot 39-1 and 39-2 participate if the owners so choose. The ap p licantis p rop osingto mitigate the relocation of the employee housing unit off-site at rate of 2:1, meaning that they will provide double the amount of square footage required. The SDD currently requires each lot to provide 500 sq. ft. unit onsite, so the mitigation rate of 2:1 would be a minimum of a 1,000 sq. ft. unit to be provided. This mitigation rate mirrors the requirements of the Employee Housing Exchange Program and results in more employee housing floor area within the Town of Vail. Cascade Village was originally approvedas a PUD under Eagle County jurisdiction. The area was annexed by the Town of Vail in 1975, and zoned Special Development District No. 4 in 1976. The Special Development District has been amended over 40 times since its adoption which is not surprising given the large amount of acreage and differing uses located in the SDD. It is unique in that there is no underlying zoning for the property, and develop ment of the site is entirely governed by the Special Development District adopting ordinance and associated development plans. Lot 39-1 and Lot 39-2 have an interesting and unique history. Originally Lot 39-1 and Lot 39-2 were one large duplex lot, Lot 39. In 1982, Resolution No. 10 allowed an amendment to SDD #4 to allow Lot 39 to be divided into two single-family lots, along with a land dedication to the Town's stream tract. In 1997, the then -owner, requested a major amendment to SDD #4 allowing for the lots to be subject to the GRFA requirements of the Primary/Secondary zone district like all of the other residential lots within the SDD, while maintaining the density of 1 unit per lot, plus the ability to construct a Type 2 EHU. At the time, the applicant .w proposed additional building y '' envelope restrictions, limiting the a area of development on the lot. During the approval process, the ' Town Council approved the request, adding the requirement _ for each lot to include the Building site for Lot 39-1, looking west construction of a Type2 EHU. 1 The original 1997 building envelopes were based on a specific plan for development of the properties. The single family residence with a Type 2 EHU on Lot 39-2 was constructed in 2003. Lot 39-1 is currently vacant. At this time, the applicantis proposinga revised building envelope for Lot 39-1. In order to regulate the improvements within the building envelope more consistent with how the Town Code, the ap p licantis p rop osingto modify the language to allow architectural projects, retaining walls, at -grade and above grade improvements, etc., to be outside of the building envelope. Additionally, because the owner is a Padel enthusiast, a secondary recreation envelopeareais being proposedfora Padel court (recreational and patio imp rovementswithout a roof). The following is the current language from SDD #4 related to this application. The text indicated as stFil ^ +�- "ugh is prop osedto be removed, while the text indicated in bold is to be added. Development Standards C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be based on the Two -Family Primary/Secondary Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and recreational use envelope and is subject to the following: The building shall be restricted to the area within the building envelope. Access roads, driveways, site grading, and retaining walls are permitted outside the building envelope. Architectural projections, including roof overhangs, awnings, flues and chimneys shall be permitted to project four feet (4 ft.) beyond the building envelope. Decks, balconies, steps, pedestrian paths and sidewalks, pools, spas and hot tubs within five feet or less of ground level shall be permitted up to seven and one half feet (7.5 ft.) of property boundaries. Balconies, decks, terraces, pools, hot tubs, and similar unroofed features at a height of more than five feet (5 ft.) above ground level shall be permitted up to ten feet (10 ft.) of property boundaries. Lot 39-1 also contains a recreational use envelope which restricts the location of recreational improvements, including recreation courts, specifically a padel court and its required unroofed enclosure. Buildings are not permitted within the recreational use envelope. 2 Development Plans Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots ?�-�- 4 an 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. 2. Building and Recreational Use Envelopes for Lot 39-1 per sheet Al, prepared by KH Webb Architects, dated September 2018. Employee Housinq In Area C, Lots 39-1 and 39-2, shall each be required to provide a deed -restricted Employee Housing Unit as follows: 1. The unit may be provided on-site, in which case it shall be a Type ll, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each., on each l^+. These lots shall not be entitled to the -589 550 sq. ft. of additional 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 d4veway width of 42 is allowed to ^main (n^ inc-Fean^ i�vein width�i`TnTrequk dq A9F nll nllOwe FequiFed dweging units and empieyee housing units on these iets. 2. The unit may be provided off-site, in which case it may be any type of Employee Housing Unit (EHU) of at least 1,000 sq, ft.or comprised of multiple units with floor areas totaling at least 1,000 sq, ft. Excess square footage above the 1,000 sq, ft, requirement may be used to satisfy EHU obligations or mitigation for other properties within the Town of Vail, including but not limited to the EHU Deed Restriction Exchange Program as provided in Section 12-13-5 of the Zoning Regulations and Inclusionary Zoning Requirements as outlined in Chapter 12-24 of the Zoning Regulations. No application pursuant to Section 12-13-5 is required to implement this mitigation requirement. 3 Proposed Building Envelopeand Recreational Use Envelopefor Lot 39-1 LU CO J Q z 0 Q W ry U LU ry C6 U Z_ J_ m SITE PLAN Al II. ZONING ANALYSIS Lot Size: Lot 39-1: 1.036 acres/ 45,128 sq. ft. Lot 39-2: 1.22 acres/ 53,143 sq. ft. Development Standard Density Lot 39-1 Lot 39-2 GRFA Lot 39-1 Lot 39-2 EHU Requirement Lot 39-1 Lot 39-2 1998 Approval 1 du 1 du (Based on P/S Zoning) 9,357 sq. ft. 9,838 sq. ft. RequirementforType2 EHU on-site RequirementforType2 EHU on-site Proposed No Change No Change EHU required, but both properties may p rovide off-site emp loyee housing units at a floor area mitigation rate of 2:1 5 III. CRITERIA FOR REVIEW Section 12-9A-2: DEFINITIONS, Vail Town Code defines a Major Amendment as follows: Any proposal to change uses; increase gross residential floor area; change the number of dwelling or accommodation units; modify, enlarge or expand any approved special development district (other than "minor amendments" as defined in this section), except as provided under section 12-15-4, 'Interior Conversions'; or 12-15-5, "Additional Gross Residential Floor Area (250 Ordinance)'; of this title. Section 12-9A-8: DESIGN CRITERIAAND NECESSARY FINDINGS, VailTownCode, provides the criteria for review of a Major Amendment to a Special Development District. These criteria have been provided below, along with an analysis of how this proposal complies with these criteria: 1. Compatibility. Design compatibility neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant Response: The proposed home has been to the Design Review Board for a conceptual review and the Board was supportive of the design direction. Bulk and mass is sensitive to the environment and neighborhood. The proposedhome is well below allowable height, with the lowest level of the home partially below -grade, and the main level generally at grade. There is no upperlevel. The home has been designed to disappear into the aspen forest behind the lot. It has a planted green roof and elements of aspen trees incorporated into the home with the design goal of creating a "house in a forest." Buffer zones are preserved, with landscaping along the access road remaining and enhanced, limiting the visibility of the site from I-70 and sensitivity to the immediate environment, Winter view and Summer view of the p rop osedhome. The design looks to incorporate natural elements and disap p earinto the aspen grove behind the property. 9 and the Frontage Road. Vegetation along the ski way is also preserved and enhanced. The proposed changes to the building envelope will have little impact upon neighbors due to the remoteness of the property and buffer zones provided. The adjoining property owner, Lot 39-2, has revised the proposed changes to the SDD and has authorized the submittal of the application. The proposed changes will not result in a structure with any significant increase in bulk and mass on the property. The proposalis in compliancewith this criterion. 2. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. ApplicantResponse All uses, activity, and density are currently allowed by the SDD for this property. There are no proposed amendments to the list of permitted, conditional, and accessory uses. Density remains the same, with one dwelling unit plus one Type EHU allowed per lot. As a result, the proposalis in compliance with this criterion. 3. Parking And Loading: Compliance with parking and loading requirements as outlined in chapter 10 of this title. Ap p licantResp onse All p arking requirements will be met. The p rop osedamendments have no impact on this criterion. 4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive plan, town policies and urban design plans. ApplicantResponse Cascade Village does not have a specific master plan beyond the Vail Land Use Plan to provideguidance on development within the area. The following land use goals and policies from the Vail Land Use Plan are ap p licableto the project: 1. General Growth/ Development I.I. Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3. The quality of development should be maintained and upgraded whenever possible. The Town Vail Land Use Plan offers the following goals with regard to employee housing: 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 at varied sites throughout the community. In 2008, the Town of Vail established the Employee Housing Strategic Plan, which brought together all of the Town's goals on employee housing into a single plan. It also p rovides guidance ap p licableto this p roject: The single goal of the Plan is clear and concise..."acquire 1,000 additional resident housing unit deed restrictions by the year 2027." When achieved, this goal, along with the more than 698 existing deed restricted homes, ensures homes for more than 3,736 Vail residents. In this case, the ap p licant is p rop osing to mitigate employee housing at a rate of two times the size of the EHU required for this site, in effect replacing a 500 sq. ft. EHU requirement with a 1,000 sq. ft. EHU requirement which achieves the goals of the Employee Housing Strategic Plan. In 2006, through the Vail 20/20 Focus on the Future process the community established a housing goal. It is as follows: "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 enough deed -restricted housing for at least 30 percent of the workforce through policies, regulations and publicly initiated development." Based upon the community's work, the Vail Town Council has confirmed the Town of Vail recognizes deed restricted employee housing as basic infrastructure. This type of housing allows employees to live within the town, promoting community, and improving the quality of our local workforce, thereby supporting the local economy, and reducing regional transit needs. The Employee Housing Strategic Plan (EHSP) seeks to meet the expectations established by the community and confirmed by the Town Council and provide enough deed -restricted housing for at least 30 percent of the community's workforce to live in the Town of Vail through a variety of policies, regulations and publicly initiated development projects. As indicated in this submittal, the proposalcomplies with and furthers the purposesand goals of the Town's employee housing requirements and master plans. The proposal conforms with the goals outlined in the Vail Land Use Plan. 5. Natural And/Or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Applicant Response The proposed amendment has has no effect on the above criterion. According to the Town of Vail Hazard Maps (GIS), there are no natural or geologic hazards that affect the property. 9 6. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant Response The proposalto amend the building envelope has two important objectives for the ap p licant: ♦ Creating a building envelopewhich is similar in size to the originally adopted building envelope, but clarifying that roof overhangs and retaining walls can extend beyond the envelope, which is consistent with how all other properties are treated by the Town Code. ♦ Creating a secondary recreational use envelope for improvements such as patios and recreational facilities, specifically the allowance for the p adel court the ap p licant is proposing. When the language regulating building envelopes was developed back in 1997 for Lot 39-1 and 39-2, the p rop osedenvelop es were extensive and covered the entire buildable area of the lots. The envelopes were similar to more traditional setbacks, and limited development to areas with slopes below 40% and protected existing vegetation on the site. The originally proposed envelopes which were reviewed by the Planning and Environmental Commission in 1997 were based on this graphic: -, Building envelopes for Lot 39-1 and Lot 39-2 as reviewed and recommended app rovalby the Planning and Environmental Commission in 1997. The building envelopes were sited to avoid steep slopes and existing vegetation. 9 However, when reviewed by the Town Council in 1998, the building envelopes had been further limited, and were ap p rovedbased on this graphic: �- -- t----A.---� --.— j - y/ -- r Building envelopes for Lot 39-1 and Lot 39-2 as ap provedby the Town Council in 1998. The building envelopes were clearly located as to encomp assjust the structure itself. However, the language about what could occur outside the building envelop ewas not modified to allow for site imp rovementssuch as patios and recreation facilities or roof overhangs. These building envelopes were likely the result of additional design of the homes for the properties, and were designed to encompass the p rop osed homes only. The language regarding the restrictions on what could occur outside the building envelope was not modified in responseto the reduction in the building envelopesize. The proposal corrects this oversight and creates two building envelopes: one specifically for the home itself, and one that allows recreation facilities that are located appropriately on the site. In 1987, when the original Lot 39 was created, significant open space was granted to the Town. Additionally the proposed location of the building envelope and recreation use envelope are appropriately located to minimize impacts to mature vegetation uphill on the property. The proposedenvelope is sensitive to the natural areas of the property. The proposalis consistent with this criterion. 10 '- -�_ ---- ^ T ' _ i el dam/ it �- -- t----A.---� --.— j - y/ -- r Building envelopes for Lot 39-1 and Lot 39-2 as ap provedby the Town Council in 1998. The building envelopes were clearly located as to encomp assjust the structure itself. However, the language about what could occur outside the building envelop ewas not modified to allow for site imp rovementssuch as patios and recreation facilities or roof overhangs. These building envelopes were likely the result of additional design of the homes for the properties, and were designed to encompass the p rop osed homes only. The language regarding the restrictions on what could occur outside the building envelope was not modified in responseto the reduction in the building envelopesize. The proposal corrects this oversight and creates two building envelopes: one specifically for the home itself, and one that allows recreation facilities that are located appropriately on the site. In 1987, when the original Lot 39 was created, significant open space was granted to the Town. Additionally the proposed location of the building envelope and recreation use envelope are appropriately located to minimize impacts to mature vegetation uphill on the property. The proposedenvelope is sensitive to the natural areas of the property. The proposalis consistent with this criterion. 10 7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off site traffic circulation. Applicant Response There are few effects on traffic with the proposed SDD amendment. Initially, there was some concern about the ability of these lots to each have a Type EHU, as the development standards require a wider access to 4 units. When requiring the Type 2 EHUs, the Town Council also specifically stated that the access road width was adequate to serve these units. As a result, allowing the EHUs to be located elsewhere actually serves to bring the road width into compliance with current code, and is a benefit to the traffic anticipatedforthe units. The relocation of the building envelope does not imp act the traffic circulation system. 8. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Applicant Response The building envelope has been located in such a way as to minimize any impacts to existing trees and to ensure that development does not occur on any areas with steep slopes. This allows for the preservation of natural features on the lot. The envelope has also been located to minimize any impacts to views from adjacent property owners, specifically those from Lot 39-1 and the applicant has continued to work with this neighbor to ensure that the envelope location is appropriate and minimizes impacts to their property. 9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant Response There is no phasing or subdivision plan associated with this ap p lication. 11 IV. ADJACENTADDRESSES ALU RA VAIL LLC 1472 MATTERHORN CIR VAIL, CO 81657-4366 TOWN OF VAIL FINANCE DEPT 75 S FRONTAGE RD W VAIL, CO 81657-5043 POINTES OF COLORADO EAGLE POINT RESORT 1500 MATTERHORN CIR VAIL, CO 81657-4354 THE EAGLE POINTE CONDOMINIUM ASSOCIATION EAST WEST RESORTS PO BOX 8280 AVON, CO 81620 VAIL HOTEL PARTNERS LLC LAURUS CORPORATION ATTN:ANDRES SZITA 1880 CENTURY PARK E STE 1016 LOS ANGELES, CA 90067-1623 VAIL CORPORATION THE FIXED ASSETS DEPARTMENT 390 INTERLOCKEN CRES STE 1000 BROOMFIELD, CO 80021-8056 SOHO DEVELOPMENT LLC FIXEDASSETS DEPT 390 INTERLOCKEN CRES STE 1000 BROOMFIELD, CO 80021-8056 SAVOY VILLAS CONDOMINIUM ASSOCIATION, INC. BOLD PROPERTY MANAGEMENT SOLUTIONS P.O. BOX 5800, AVON, CO 81620 SIMBA RUN CONDOMINIUM ASSOCIATION MCNEILL PROPERTY MANAGEMENT, INC. 2077 N FRONTAGE ROAD#D VAIL, CO 81657 EAGLE RIVERWATER & SANITATION DISTRICT 846 FOREST RD VAIL, CO 81657-5704 ROBERT J. ROSEN 2005 APRT- ETAL 1127 LAKEAVE GREENWICH, CT 06831-2748 TORRAS, IGNACIO 13 E RIVERCREST DR HOUSTON, TX 77042-2513 BLUME FAMILY PTNSHP KRISTEN BLUME PO BOX 504 CHEYENNE, WY 82003-0504 DEWS, JULIANNA PO BOX 362 VAIL, CO 81658-0362 DAVID W. STASSEN REVOCABLE TRUST 8171 BAY COLONY DR APT 501 NAPLES, FL 34108-7563 MONTE VISTA PARTNERS LLC 2633 PEMBERTON DR HOUSTON, TX 77005-3441 DOUBLE BLACK LLC 38 STRATFORD RD HARRISON, NY 10528-1125 FLOWERS, DAVID & IZABEL 4701 S LAFAYETTE ST ENGLEWOOD, CO 80113-5953 NANCYANN HEINEN TRUST, NANCYANN HEINEN TRUSTEE 2565 SOM CENTER RD HUNTING VALLEY, OH 44022-6651 ANNETTE G. FREY REVOCABLE LIVING TRUST 12604 E 127TH ST S BROKENARROW, OK 74011-5650 H&C STONE REVOCABLE TRUST 615 PALISADES AVE SANTA MONICA, CA 90402-2723 SHIM, JAMES - CHEN, CHARLENE L. 1226 WESTHAVEN CIR APT E VAIL, CO 81657-4359 UNITED STATES OF AMERICA W 6TH AVE& KIPLING ST LAKEWOOD, CO 80225-0546 UNITED STATES POSTAL SERVICE JOAL HORMANN, U.S. POSTAL SERVICE REAL ESTATE DIVISION, WE 330 SAN BRUNO, CA 94099 LIFTSIDE CONDOMINIUM ASSOCIATION 12 ATTN: DON MACLACHLAN VAIL RESIDENCESAT HOTEL TALISA 1476 WESTHAVEN DR VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOC 1234 WESTHAVEN DR VAIL, CO 81657-4394 CASCADE VILLAGEASSOC IATION C/O VAIL RESIDENCES HOTEL TALISA ATTN: MACLACHLAN 1476 WESTHAVEN DRIVE VAIL 81657 CASCADE VILLAGE METRO DISTRICT KIM SETER SETER & VANDER WALL, P.C. 7400 EAST ORCHARD ROAD, SUITE 3300 GREENWOOD VILLAGE CO 80111 13 i I A N m Y v ' �-6£ 10-1 cJOJ S3dO-l3nN3 g W m a LU LU LU LU U U 3sn -lVNOUV3210321'R JNic-lin8 a Cl) �.I Q ~ M aw � C, - o o LL — o i I A N h v ' a owl LU LU LU LU U U o w �. <� z � ° w o Cl) �.I W Z o ~ M aw poo C, - o i I A N h ' J z Z � 0 W d NQ o w �. <� z � i O W J Q owz KW. aaw� C, - o o i w O J A N ' J z Z � 0 W d NQ i O W J Q owz KW. aaw� o LL — o z O w >w / � �wUw 0 w N U w O J +saga op2JOOD `1!2A a V J a�uapisa�j se.uol ORDINANCE NO. 23 SERIES OF 1998 AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1995, REVISING GROSS RESIDENTIAL FLOOR AREA (GRFA), BUILDING HEIGHT REQUIREMENTS, AND EMPLOYEE HOUSING PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); REPEALING RESOLUTION NO. 10, SERIES OF 1982, WHICH PROVIDES SPECIAL PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION; DELETING OUTDATED CONDITIONS AND REFERENCES TO EXPIRED DEVELOPMENT PLANS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Hagopian and Pennington, LLC, has requested an amendment to the existing Special Development District No. 4, Development Area C, Lots 39-1 and 39-2, Glen Lyon Subdivision; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the proposed building height, GRFA, and Employee Housing Unit restrictions for Lots 39-1 and 39-2; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Ordinance No. 8, Series of 1995 and repeal Resolution No. 10, Series of 1982 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 8, Series of 1995, is hereby amended as follows: Section 1. Resolution No. 10, Series of 1982, is hereby repealed. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4. 1 Ordinance 23, Series of 1998 Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 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 dwelling 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 2 Ordinance 23. Series of 1998 0 • fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4.@ B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Roads TOTAL Development Area Acreage A 17.955 B 4.000 C 9.100 D 1.800 40.400 4.700 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 Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. 3 Ordinance 23, Series of 1998 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi -family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi -family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. 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. 4 Ordinance 23. Series of 1998 Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi -family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro -brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 5 Ordinance 23, Series of 1998 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted j 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, Town of Vail Municipal 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, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 6 Ordinance 23, Series of 1998 • 0 0 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. 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 entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density --Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units as defined by the tables in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen 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 dwelling units as defined Chapter 12-13, of the Municipal Code . Density --Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. 7 Ordinance 23, Series of 1998 C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal 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. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects 8 Ordinance 23, Series of 1998 A& AdowL CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 449.9 Cascade Parking Structure Less 17.5% Mixed -Use Credit -78.7 Total Required Parking at Build -Out of Area A in Cascade Structure 371.2 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build -Out of Area A With 17.5% mixed-use credit 371.2 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D -Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, 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 46-6"/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 Ordinance 23, Series of 1998 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 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, Pratt, Schultz. 18, Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, 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 5/6193, 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 5/6193, 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. 33, Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold 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. 11 Ordinance 23, Series of 1998 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary 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. 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 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 which 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 of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Town of Vail Municipal 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 12 Ordinance 23, Series of 1998 • s ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5) nor more than one-fourth (3) 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. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single -Family 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 between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building 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. 13 Ordinance 23, Series of 1998 Site Coverage Areas A & 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 covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. 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, and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 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 I, where 66.6% 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 building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 14 Ordinance 23, Series of 1998 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. Area C, Glen Lyon Primary/Secondary and Single -Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi -truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include 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 Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 15 Ordinance 23, Series of 1998 • 0 •E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength., H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 2. The developer shall 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. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 4. The Ruins / Westhaven Condominiums The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 16 Ordinance 23, Series of 1998 • t • 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 on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A Westhaven Condominium building (Ruins), 3 within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee dwelling unit in the Westhaven Condominium Building (Ruins) shall be deed restricted as a Type III EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Municipal 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 shall not be entitled to the 500 sq. ft. of additional 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 ft is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that 17 Ordinance 23, Series of 1998 . 0 0 any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of December, 1998, and a public hearing for second reading of this Ordinance set for the 5th day of January, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Coloroo. L P _ rr LI Robert . Ford, Mayor ATTEST: \ t, -elel Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of January, 1999. a 171,, Robert E. ord, Mayor ATTEST: Lefelei,ponaldson, Town Clerk 18 Ordinance 23, Series of 1998 0• EXFOiT "A" KOELBEL PROPERTY DEVELOPMENT AREA A Vail -Rose 12.370 acres A part of the SW 1/4 NE 1/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: Beginning at a point on the West line of said SW 1/4 NE 1/4 from which the North one- quarter corner of said Section bears North 0' 15' East 2269.48 feet; thence North 0' 15' East, along said West Line, 152.36 feet to a point on the Southeasterly right of way line of U. S. Highway No. 6; thence, along said Southeasterly right of way line, as follows: North 52°27' East, 102.31 feet, North 49°20' East, 519.57 feet; and North 48° 13' East, 549.09 feet, more or less, to a point on the North line of said SW 1/4 NE 1/4; thence North 88°33' East, along the North line of said SW 1/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, along the centerline of Gare Creek, as follows: South 36°49' West, 101.04 feet; South 18°21' West, 54.08 feet; South 1 °24' West, 205.02 feet, South 12°10' West, 110.25 feet; and South 28°41' West, 242.35 feet, thence South 75' 15' West, 1064.10 feet to the point of beginning. Rose Parcel 3.190 acres A tract of land situated in the SW1/4NE1/4 of Section 12, TP 5 S., R. 81 W., of the 6th P.M., lying Southerly of that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of Gore Creek, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Book 211 at Page 108 and Book 215 at Page 365, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North quarter corner of said Section 12 bears N. 00' 15' E. 2269.48 feet; thence N. 75' 15' E. 346.26 feet to the true point of beginning, said point being on the South line of that tract described in Book 199, Page 197 and which bears S. 08°26' E. 2205.34 feet from the North quarter corner of said Section 12; thence N. 75' 15'E. 717.84 feet along the Southerly line of that tract described in Book 199, Page 197 to the center of Gore Creek; thence S. 28°41' W. 130.61 feet along the center line of said Creek; thence S. 05'24'30" E. 104.50 feet along the center line of said Creek; thence S. 49°29' W. 95.50 feet along the center line of said Creek; thence S. 22°34' W. 124.47 feet along the center line of said Creek; thence S. 54°00' W. 119.34 feet along the center line of said Creek; to the Southeast comer of that certain tract of land described in Book 211, Page 108; thence N. 33' 16'30" W. 140.12 feet along the Easterly line of that tract described in Book 211 at Page 108; thence N. 57°42'30" W. 169.88 feet along the Northeasterly line of that tract described in Book 211 at Page 108; thence N. 86°02'30" W. 162.92 feet along the Northerly line of those tracts described in Book 21 1 at Page 108, Book 211 at Page 106 to a point; thence N. 32°57'30" W. 76.08 feet along the Northeasterly line of that tract described in Book 215 at Page 365, to the point of beginning. F:WeryoncWom'Jcoel bGA.leg 0 & 1 Hecde Parcel 1.260 acres County of Eagle and State of Colorado, to wit: A tract of land situated in the SWI/4NE1/4 of Section 12, Township 5 South, Range SI West of the 6th Principal Meridian, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North Quarter Corner of said Section 12 bears North 00 dogs. 15 mins. East 2269.48 feet; thence North 75 dogs. 15 mins. East 346.26 feet; thence South 32 dogs. 57 mins. 30 secs. East 76.08 feet; thence South 11 degs. 00 mins. 30 secs. West 279.99 feet to a point in the center of Gore Creek: thence North 50 dogs. 32 mins. West 111.31 feet along the center line of said creek; thence North 38 dogs. 40 mins. West 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence North 00 dogs. 15 mins. East 13.95 feet along the North-South center line of said Section 12 to the point of beginning. Total GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT AREAS B, C & D Legal Description 1 82 acres 80.700 acres All that part of Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: All that part of the Nl/2NE1/4 of Section 12, lying Southerly of the Southerly right-of-way line of U.S. Highway No. 6 and Northerly of the Southerly line of said N1/2NE1/4, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterly line of said N 1 /2NE1/4, whence the Northeast corner of said Section 12 bears North 0°03' West 634.785 feet; thence South 73'26'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70°34' West 125.10 feet along the Southerly right of way line of said highway; thence South 69°25' West 100.00 feet along the Southerly right of way line of said highway; thence South 65'50' West 100.00 feet along the Southerly right of way line of said highway; thence South 62° 15' West 100.00 feet along the Southerly right of way line of said highway, thence South 58 °40' West 100.00 feet along the Southerly right of way line of said highway; thence South 55'05' West 100.00 feet along the Southerly right of way line of said highway; thence South 51 °32' West 100.00 feet along the Southerly right of way line of said highway; thence South 47°57' West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of said N1/2NE1/4; thence North 88°33' East 497.67 feet along the Southerly line of said N1/2NE1/4 to the center of the NE 1/4 of said Section 12; thence North 88°33' East 1379.35 feet along the Southerly line of said N1/2NE1/4 to the Southeast corner of said N 1 /2NE 1 /2; thence North 0'03' West 760.95 feet along the Easterly line of said N 1 /2NE 1/4 to its intersection with the Southerly line of said highway, the point of beginning, P:\cvcryono�domUtoelbel.leg • • AND All that part of the SW 1 /4NE1/4 of Section 12, lying Southerly of the center of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the Northeast corner of said SW1i4NE1/4; thence South 88°33' West 131.67 feet to a point in the center of said Creek; thence South 40°09' West 94.04 feet along the center of said Creek, thence South 18°21' West 54.08 feet along the center of said Creek; thence South 1 °24' West 205.02 feet along the center of said Creek; thence South 12' 10' West 110.25 feet along the center of said Creek; thence South 28°41' West 320.00 feet; thence South 5°24'30" East, 170.00 feet along the center of said Creek; thence South 27°00'02" West 85.24 feet along the center of said Creek; thence South 54°00' West 259.34 feet along the center of said Creek; thence South 65°34' West 109.62 feet along the center of said Creek; thence South 69°04' West 186.13 feet along the center of said Creek; thence South 85°25' West 68.88 feet along the center of said Creek; thence North 77°36' West 26.96 feet along the center of said Creek, thence North 50°32' West 199.19 feet along the center of said Creek; thence North 38°40' West 239.09 feet along the center of said Geek; thence South 76°35' West 89.91 feet along the center of said Creek; to a point on the Westerly line of said SW1/4NE1/4; thence South 0° 15' West 461.90 feet to the center of said Section 12; thence North 89.02' East 1382.65 feet along the Southerly line of said SWI/4NE1/4 to the Southeast corner of said SW 1/4NE1/4; thence North 0'06' East 1384.32 feet along the Easterly line of said SW 1/4NE1/4 to the Northeast corner of said SWI /4NE1/4, the point of beginning, AND The NWI/4SEI/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M.; AND All that part of the SE1/4NW1/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., lying Southerly of the Southerly right of way line of U.S. Highway No. 6, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SE1/4NW1/4; thence South 89°02' West 836.95 feet along the Southerly line of said SEI/4NW I/4 to a point on the Southerly right of way line of said highway; thence North 52°35' East 1057.07 feet along the Southerly right of way line of said highway to a point on the Easterly line of said SE1/4NW1/4; theme South 0° 15' West 628.21 feet along the Easterly line of said SE1/4NW1/4 to the Southeast corner of said SE 1/4NW 1/4, the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241, that part described in Book 203 at page 231; that part described in Book 203 at page 531; F:,everyone\domloelbel.leg 3 that certain island adjacent to the above-described property, and located in the meddle of Gore Creek, which the parties intend to exclude from this transaction; County of Eagle, State of Colorado ALSO THE FOLLOWING PARCEL FORMERLY KNOWN AS THE "COSGRIFF PARCEL" A tract of land situated in the SW 1/4 NE 1/4 of Section 12, Township 5 South, Range 81 West of the 6th Principal Meridian, lying Northwesterly of the center line of Gore Creek described as follows: Beginning at a point whence the North Quarter Corner of said Section 12 bears N. 11 °03' W. 2292.72 feet; thence S. 86°02'30" E. 89.50 feet; thence S. 54°42'30" E. 169.86 feet; thence S. 33' 16'30" E. 140.12 feet to a point in the center of said creek; thence S. 65 °34' W. 109.62 feet along the center line of said creek, thence S. 69°04' W. 90.78 feet along the center line of said creek; thence N. 23' 12'30" W. 317.54 feet to the point of beginning, containing 1.05 acres, more or less. ALSO DESCRIBED Beginning at a point whence the North Quarter Corner of said Section 12 bears N. 11 °03' W. 2292.72 feet; thence S. 85°43'14" E.89.84 feet; thence S. 57°25'30" E. 169.46 feet; thence S. 32°59'30" E. 141.47 feet to a point in the center of said creek, thence S. 65'3 1'36" W. 109.62 feet along the center line of said creek, thence S. 69°01'36" W. 103.02 feet along the center line of said creek; thence N. 23 °24'09" W. 319.09 feet to the point of beginning. TOGETHER WITH an casement as described in Document recorded August 5, 1980 in Book 306 at Page 443 and recorded in Book 307 at Page 80 of the Eagle County records. Also including all water and well rights appurtenant to the above described property, including without limitation, Well Permit No. 94702, water rights decreed in Civil Action No. 2375 in Eagle County District Court, and all that portion of water rights decreed in Case No. 80 CW 410, Water Division No. 5, (Core No. 1 Well - 0.05 cfs) A part of the Northeast Quarter Southwest Quarter of Section 12, Township 5 South, Range 81 West of the 6th Principal Meridian, described as follows: Beginning at the center of said Section 12; thence S. 0° 15'00" W. Along the east line of said Northeast Quarter Southwest Quarter, 162 feet to a point on the north line of a tract described in Book 189 at.Page 591; thence along said north line S. 88°59'31" W. 353.7 feet; thence southwesterly along a curve to the left whose radius is 78.93 feet, and whose chord bears S. 52°25'32" W. 94.05 feet, an arc distance of 100.74 feet; thence N. 10°05'39" E. 222.12 feet to a point on the north line of said Northeast Quarter Southwest Quarter; thence N. 38°59'31" E. along the north line of said Northeast Quarter Southwest Quarter 390 feet, more or less, to a point of beginning, Eagle County, Colorado. Unplatted parcel added to Cascade Metropolitan District (copied fi•om Land Title Policy No. B1672770) I ieveryonendom`k eIbel.kg E 0 2 c o C C -pC - N N N- N `" n tp. 4"'i . ,Q . u. • o6b '00. }N}Cl N U N CL c X Q U Q C 3 •U c w C p (a)7C) �} O O U c� J p C� 0 p 1 O c a Q O -0 O .S Q • s +- C C U C •Q) O � � S Q U O� � � O � C) U (D � O c w Q •,L- ° ° c°X c c s p} c o o; E c E o O o °.N ° o m O OC) �� C o 3 aao o O X +- p c LU OU c a w U o c ° c O Q � J� � p p Q p > LL z c +- Q E C N O U O J c O Z aJ ) c -zs c +- LU z > Q O } CoC: O O h N 5+ N v _ ►- a «- �- ° o 3 3 E 0 2 c O b o•......•� 6. c o Y . �' tp. 4"'i . ,Q . u. • o6b '00. N Q � � N LU LU W C C CYm m=Y= m C Tm 0T —L,00 x,00 mm C 'mm G�C�m C O O V) CO w L Y Z' C O C A m N d > C O V._ C m C>dCn i UmVD�£Q Um {Op 1p �D�pym1 C>m>C OtJ £C._ 'p J m.nD O�OyY L �_N.._ O N aS�m U�NoUL(V t°i10 ��� NU a Om �F S;�c-m-z Epw °�a V�m� CNO. Z '5M c E �C J dmo5 aE_m m_NEa o E- dv >m u DN3m`�+ t$m inv .rmAYooa da E °oL_- E E a DiE N GQ CO El c- mD m CC r O1C N�01-U1.=Na0`�&mo`° =QSC ai;M 2 n > jd m> Fm �.�-mal-)mEpul �� Em m �a 8 �o�aii�a$�°o>EL°=m zcc OmBwiy�c oc x Elmo'n4 E rmiNE E E°cxDW «Emn °� (L ate'»a -«-a - �cmo2dEBc aE'x°mvl. momU°)� `�DLimm omE ¢ °oc ¢ aw m O O N a .-c O._ m C O cram '_a�Loata6 cNia oo U� c rE�vog13 o+�°Im am vlm me Umn O�°N°C.V _cm '�oI �Ng'n�q »° 3 5� L° mm> -c c a D Lc NNL-om�ri>-a'cwa E-mmd^ v xEa f° �O mam- >N3a�o o�Em�om EN Na>^a?E-O mrorom`oAEn°nC�ONm (D EmaLN mL`m 9�£oc� mm¢ °L `ma-= _a cc yOpCLNU mN C�Ym O6 G`^'° -J Z N 3q'c�n '•mTF NJTYE O'CONm�m 0.1 m Im 00�5C� m EEa c yrn TmaL �',"E— �m.>cF �Qaa�,ocr)m9-Oomzccatm°cSEmaciaci�,B 9c- odd aEm°c�c -2 -@-a aci a�U w mL mtv �-'E and ow ��tELm.. o« >.m om .:.LEm.'ccE-o° 5-09wm n �� m, -,-u Z.2 $m..> > o m m E FNoc UwE "y o, EE.c U'�i`cUENr;V-� $-6-" mo._a- oEv No mL-e�^_co£� 'a; os=a+� 'cJ`poLm..a ` cmivm EE a+aLc O ym-.-.�N�=_C`-mm O^. L,• O_Q CJ m NOm -LL N mm`U <�m�•m�O,C;m b7 m�HUm° m�nmLL mNL'•T�D'J'3N=•°�O>'^mJaCON"�.�c m>v ��u n�m'm¢o mm mL m�Dm mNC �mgmyymmmmNNm m n m5o a)5^«E{=�mn mcyrnm_ co _.00w°`mEyotic �`m� °U 3E�g3-tMMO c -. °DD m_�� O.>&$E OINOC$ Q d>a C�C°`O V h=y NmC yn ymZ•'�N¢ �.10-m O N�� O CE .J�J N_oCd6 EZ,(i ¢vm mem-gym .+t a. o m°�¢ ° al $. %..cm- 0�. 22Q rn Jam^ c Vic+ 6moe2z v ."% r 6C C'- L m¢aUa7¢._ mNN �4+C�n«E 'a Cm�TD-O V_m`J C- �5� QC O LrJ mJ�O�=E-cr m g N�ma m>S.-oft�Om NOmO m OmLC�Cm 'mt w ��--C d�oN>O m N m L.. O m « :. E H m N > U C) h -ln m N._ L C) ss eioG>�o. iL EcU m mD-wmm a_a3on5aa_E m 2' x`0 >iZ5 0C hccymmdaa^E rn m C .rnm �m m� mro rn m rn m a o m- t- m m d o 0 J v E Nm --. c coo dca-o OO m>m'oU ��^a` 'a Yd ^ b N LL� Q c Gd= mm m mCi O gyp= f11 V6m.!Cc �=b'L �- ��'75'- �j LJd mL0) m mLm >. OI dy roomyy m=Cam mmo ^ ^ U^ �>. ��^ J^ 7� J n Cr N > _ J _ aJ C E> 7 NOL m«Z 3UT ^L^N^� pd am ^N ^J^L^L L L (:37 Et Ln � `00 romp N N O OC o: dL L Na.L.. oGaa� (nJ U E EiE «E �i E � V m )roto U ^ c„ 2• ami` ma 7Mm m p•m d o my v aicc Fm�W�«I£ mg m� N" `m m m0j_ c N m N aC7 a >o root $o ood m m m m 'a ism m mr-v�-a m m •2 N T 0l '� N m O a n O �'O a v t0 'O 3 D D D m m m dN oro o3 m d m.-�vum+L=�rymDCDm 3 3 3 m E o_o m- & dtd oC� a -c '�'c3 > f7 a` a c gm a c~ E$y 4mN E^(n Amy d_ mdpq C �C cn OEm m�fV 0:1.-mN:7 M fVU NU m m O m 7 m qIOc" m T (V >: O 0- O 0- V d p, 8j 7 J- O N N v Op U� U p^ pO1D o -.c m seta toms nuJ)U(4 �m��� > L 5n u _ �� ri>#Las aiE c 1p m N m at +t m +c yt • - yy o m Uc lL=y± Uc a<- E� _ mpE y_ m_�o c•, 0C .t0� SNm W JT �N0 OnZ `> X OaZ C m U¢ dCCE [Na U�CCm Cm U¢ymNmL�3 mc] N'� Na mm 6g. "m�'mL. d� _ _ ` ¢ E m m d 'Op�m=« ma mcg T p{{mp�m T« 9q a Cvc m> gmm dpmc--L ct mLC7r�+ z4 LC tle zOz 3:,0 j(JQ MVC Ny mJ°Dill Cm CmVi NG m C ECC Ctie aaml uQOC 4V �dn ��mfaOd V°C'f/1 Qf/7�07. -V%<p m� N<p NQ N;mid (� U 2EmE m a6 m of >O>- `� v4 vb, v°v�o 9` D° m c_g¢ -m -$ c vco o c0 Ro 04 ?'_m Eo.cE 1p m-nc U a o e m._ ¢'�c>°'9 �m-a c m a o'0 0 otO°- '4 .0�U L Use, - Z' Oo-m`UL mU o�m E� N$ t °mm>m5mv Unicom°a `° ° .°tin t t t't^t- til NN U mp v o- m° EaI m a� OI o t -t tit m- m�mog.a;N a+'c FL m m o roX o �f- o c n m m 9 ma m m00 ° miiN o 5 ¢Nm ¢ o `mm m�N m� � >0 O >V m aQ O C•�C=«m m_m-m> > m N�ai dm am SEm<,mc sv ¢ mux N`¢ c ��co._.- m m > 3m m3>3>3> m�pmrn� m m¢^� Z $ mm� O a� o��r$€°m«�(n3 $3 g,3>3J 3m J 3a� 3> m TECQ tmV ¢kLL QC QL pc<mE<Lm c N S arc) ymDO cOOnm N'�.-yN t7J0 LI I[)J ytCojJ �J�J aoOQF�«aCm�Uul C7o 2,a�F- �UQ¢E(riF > d U F:a a�no�E�nc me v c cU J cU gmu ym 8 �m U Z�` >c'�Epmc g c m m MU) m� mL m mI m� x m (nEc Zaa `o as aa'a EcgmE m a m aw am am a c a a CLC_mg �NCCCm m�O'S gC�+g �m O+�L„.m.rmm D `O OO mnTb n$mmE E m$ E m [) O m« JC«0..°_ OCU = UJ Q° '� CNCCQ� O qO y C 3nEo _ G_ m o $ C C). am¢E�Eac+3N&y-Oyc< E_ >mmomi� un` yc n v1 m W E co»m �o%gZ`-m mgm$� m �° �n �N cmvi L �4lAJ� xJaE>oEmmmmmEN -U._ mN _oo Tx m« 'c ; a+ `olcJ N d'cm Z' mNmnoUo a>Dv¢^ L m« Niam yd m m :5-8 � � m^ 3 0� mmN omE_ m F '�--F"" m m m J'-' J c Z c ai._ D. LL c c $��•mma>)m�$�o �'`��moNmomua�mo� c E cE�' o$ m�`�.ENSNm o«m°c c '= m ° _ °iU a ui o'^ nN m$ m g °c E o o a �t�md aL Nt C mom mm�6 25F -L) plm ma C C 1 NEE ON rCOIC ICS ;� b d ';y>ONm9mNLF -C �J'm aN=m^-a EC1t�O C39m U C 01 OnOmm �U�00 8ama`o mL OU o m ��2m«Oy-G-OtO $ m'O CIO C 'SUN m CfO=jJmnpG EtJ T rot U C mrn Ol TC m » C 'a J S0.cUwolmmacayi-baa _m2`-c8v Ec5_�J0.^�� L -J alai U° L E mm a mem>Nwm>Jma _NE mmo nvm m°c°mac Eiom dnD dmV� m'=ymcg3al mT��nm-wm$ mm 3 T N c Ym $ 00JJ oo vE^- oro m 0 CrMM,oOL E 5 ° �dmolc m Ca nL J3 g¢ n pC.� U R V Em V�� C�^m� J.�m p�O$ .D. O'u1�0 DLJ >. >i O m�aV 0,30- U= a_� V j�OJ r 010 m030032 U E NC OU m$c nC n - dN Om C V.L+m'-��I C«O N �U>�i7 D n.�. C J �mU C [ '�U - nmd« m003 Nom y9U J-c�`S >J�m =Em me °T- E"'E TE`o C7 m�� o'cU mJc= �mm m mU `ld m ma`cavlw O,L~gmoLmaUOc�umi° a�$$ me LLLn: m a U'Em E.^EW(,.� ymj°e m v�° o5=gl U. -Vi ammmn U E m -c N L- a`+>. m� E c J Eti m m o c� m_ 3-- >«03 � o m NLmmm Lm m Z'moi� mm.; LL_m-.-O2o'MpCmmN- cC 8. E =Sm. o . c -a o^mrc5v mQ=mL• oExvm d"mm'ul- 1O m y m -am- m x >_ - mNme mCyONC a .� N �Zm««.. m_ OBm� O/D O1E Cm nm NEm O=m C'd p -N N Z= mm mEm C_3D=�� a �vm>�UJ10m T Z-E--O>Z=0 ro�ma7m._fJC't�W$U�m3JQm•-;T�mJw�G�E�QUOLL>�>P ,plc d�tOQaN¢ aO'0nv L ami ¢`ti 8L $+ N �(np.l- N¢Hi °4nf-t-..am pp JO 0BmN m 3 O�W �mnLU Nm �N«Nt=VnO.V�Q�y°j^mCN mONa ONN3<Yf tC I�aD^OiCm�(V U(n^CJ f7 pm �fV'C1U CQ�GCVCm^Ci.N N(+1dIOm Um rNU m- -«CNLm>m C`.(OE JN`)a N 8 _S �D a m �3 3 m 0 0 a 4 ONN I�'NmDnLawB EU �J ISnmo�300°c a' rn m U C11&2 m H 3oand a 2,}cam Os O Jz0 FO- U�c> m�'<o Ycm.go90 �1 a mc.mc oay _Om Q o+.0 2WZWZQ-JOV jWX�4j --9 EB aci ¢J gma p-�N a> m m LL N 'mi>LD (>i¢pmr-' W¢GYO,.j WOaWyR cmoy E8 2 ym�oamao wLL L L �' c>>W« IL U=CQ 2(nJJA>02NNRf-z Om> myLN i�Z>O.1)gd 4z m .La 7 LUaON 5 Q% 2" mz s c c Z N C� Z Om .90 7 W0Zfnn� r,m Eolo m oINE O vi �i m� cE > oa o.'m V ox°°w�noyOopOWa¢ mOJ w EEQLF _$ ^� o po m E o WR HOm«F,m N ¢O<OO 2fo< z0iza a, vm �i N [ZDV °•-d ~ ^ ^ o-d7UL C�> *.0 m p0¢zJO��a�W O Dca- �m 'ccm°m tw o ° ¢ m=CEO Off$ F C �8 _ ^ Q _ O` U tmm ZW.- z(n..,(n W -Ow 19J W IOD N CJ�C �/mmy mO CD m m ECJ7cm V 8i Z dt>^ z� Z@ -O `m. H m a+ O °ppJ m- F- Uo O�W202Z¢U WW�- m(epym c0 7 zL�U1c+ UjO y (!j g$i U 9' �� J ur E; Li a o W¢QiOyOZ=�ZO�� �Em�72 d 0�No ° vi °� cl OJ m.. E E � 3�- �m E_ ((a�� cm ._ Zsm 20waZN 3 OZa< m cm mc�� ncZ c_m LL UF m Qo�>pOC ra'iC .0 ¢N W�O�SO�j�e3pyN�rii =mai $ya=°� m•a Z > RO=ZO-Z i >mmcl'n" E)o J �0 �O zOLLwaz�wW,,O>O In -a <L mNWn�cn� �~vSZo z�a_$m - a a a Zm wm W 0; Wc�>-dl mY-3-Jm$ ZOc O' 0co.°gaEa. z_(AJ¢U,WmmOOD Gm MWA3 Qo MC.rs vo(Li" 3:00 0�F- FWm<mcoc Z< - ORP=-7-WNtl1yZWu0. =�OJvcS.'x°Ec2m�OmcLiU Q0 M'2 mi�Wam9 EUm m ¢WZOO,zOw5z0¢_ ��otim3E-mwm3mcg¢Je z�00c(Gmmm ^�E3E O wa O C7 °m' mEmNo 20 E cc co n c ZmOX=wig Ulm az '��m0 Eo�c, m w $ 05 a Ha F cora 0 U am0 -= 2LOZ �U m c « E> CD 3 C 0 Q an O C TO C N o Fm 0 oCL �O �o ��a O ,n c o 3�,- 0 ' N_ X LN� E C: scM J - � l m p oE M T5 O N OmNN `O d 0 CNN ooC U_U d V m = m' a O m U �� N Z o U �` 7 a CD 3 C 0 Q an O C TO C N o Fm 0 oCL �O �o ��a O ,n c o 3�,- 0 ' N_ X LN� E C: scM J - � l City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: September 24, 2018 ITEM/TOPIC: A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for Unit 4, Level 4, Cascade Club Condominiums to be used for temporary conferences, conventions and special events, located at 1295 Westhaven Drive Unit 4/Unplatted, and setting forth details in regard thereto. (PEC18-0033) OTTOCHMFNTS- File Name Cascade Hotel Talisa CUP Letter September 2018 FINAL.pdf Applicant Narrative Cascade Conditional Use Permit.pdf Cascade Hotel Talisa CUP Plans.pdf Description PEC18-0033 - Hotel Talisa Conditional Use Permit - Approval Letter PEC18-0033 - Hotel Talisa Conditional Use Permit - Applicant Narrative PEC18-0033 Hotel Talisa Conditional Use Permit - Plans VAIL 't 75 South Frontage Road West Vail, Colorado 81657 va ilgov. com September 18, 2018 Community Development Department 970.479.2138 Dear Planning and Environmental Commission members and adjacent property owners: Re: A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for Unit 4, Level 4, Cascade Club Condominiums to be used for temporary conferences, conventions and special events, located at 1295 Westhaven Drive Unit 4/Unplatted, and setting forth details in regard thereto. (PEC18-0033) Applicant: Vail Hotel Partners LLC, represented by Mauriello Planning Group Planner: Chris Neubecker The purpose of this letter is to inform you that the Town of Vail Community Development Department Administrator has approved an amendment to the Hotel Talisa/Cascade Club Condominium Conditional Use Permit for the use of Unit 4, Level 4, Cascade Club Condominiums (upper level of the Cascade Village Parking Structure, known as Alpine Hall) to be used for temporary conferences, conventions and special events, located at 1295 Westhaven Circle, Vail, CO. The upper level of the parking structure (Unit 4, Level 4, Cascade Club Condominiums) will be used for temporary special events, subject to the approval of a Special Events Permit by the Town of Vail. The Administrator's approval includes the following conditions: 1. The applicant shall submit a report of upcoming conferences, conventions and events to the Town of Vail Community Development Department on an annual basis. 2. The applicant shall submit and obtain approval of a Special Events Permit prior to each conference, convention or event. Special Event Permit applications must be received by the Town of Vail no less than 30 days prior to the date of the event. The Special Event Permit application must address each of the following items: a) Date of the event, including setup and breakdown dates b) Floor plans and table setup arrangements for all types of anticipated events (lectures, reception, cocktail tables, convention booths, etc.) c) Occupant load d) Emergency Egress plans e) Dimensions of access aisles f) Load in / load out plans g) Staging plan h) Traffic control plan i) Parking management plan j) Plans for crowd management k) Plans for Air Conditioning and Ventilation (use of CDOT property will require CDOT approval) 1) Banquet food and drink setup locations m) Signage 3. Should any conference, convention or event involve attendees who are not the exclusive guests of the Hotel Talisa, then the applicant shall obtain approval of a parking and shuttle transportation plan as part of the Special Events Permit prior to the use of the facility for a conference, convention or event. The parking management plan shall prioritize parking locations associated with this Conditional Use Permit as follows: a) Existing Cascade Village Parking Structure; then b) Lionshead Parking Structure with shuttle service provided by the applicant; then c) Vail Village Parking Structure; then d) North side of the S. Frontage Road only adjacent to the Cascade Club Condo building (Alpine Hall) building between the south guardrail and the Westhaven Drive intersection. 4. Prior to the applicant's use of Alpine Hall for any conference, convention or event, the applicant shall obtain written approval from the Town of Vail Public Works and Police Departments of a parking and loading management plan. The parking and loading management plan is only to be implemented on short term, temporary basis and must address all operational issues, including traffic and pedestrian safety, temporary parking, and loading and deliveries. 5. Loading and deliveries are only allowed in the exterior parking area to the east side of the parking structure / Cascade Club Condo. No loading, deliveries or staging will be allowed within the Westhaven Circle right-of-way, without prior written approval from the Town of Vail. 6. Any use of the Westhaven Circle right-of-way will require a traffic control and public safety plan, which must be submitted by the applicant and approved by the Town of Vail Public Works Department. 7. Any use of the Colorado Department of Transportation (CDOT) S. Frontage Road right-of-way will require prior written approval from CDOT; this includes use of the right-of-way for temporary equipment. 8. Maximum occupancy for each event in Alpine Hall, including attendees, staff, security personnel, and vendors shall not exceed 999 persons. 9. Applicant shall at all times abide by the Conditional Use Permits regulations, Title 12, Chapter 16, of the Vail Town Code. 10. Any conditional use which is discontinued for a period of two (2) years, regardless of any intent to resume operation, shall not be resumed thereafter; any future use of the site or structures thereon shall conform to the provisions of Title 12, Chapter 16, Vail Town Code. The Town of Vail staff has determined that this amendment to the approved Conditional Use Permit for Unit 4, Level 4, Cascade Club Condominiums meets the review criteria prescribed by Section 12- 16-10, Amendment Procedures, Vail Town Code. This approval of a Conditional Use Permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday. September 24, 2018 public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by an adjacent property owner, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Should you have any questions, please feel free to contact me directly at 970-479-2148, or cneubecker(a)vailgov.com. Chris Neubecker, Planning Manager Town of Vail Page 2 VM Mauriello Planning Group August 24, 2018 Town of Vail Planning and Environmental Commission `/o Chris Neubecker, Planning Director Town of Vail 75 S. Front Road Vail, CO 81657 RE: Conditional Use Permit for Hotel Talisa Conference Events Dear Commissioners: We are submitting this application on behalf of Hotel Talisa for a conditional use permit to allow for "Conferences, Conventions, and Special Events." This is specifically for Unit 4, Level 4, Cascade Club Condominiums and is a temporary use of the space for events that occur several times a year, focused primarily on the shoulder seasons and summer months. A conditional use permit has been issued for this space since 1998, though use of the space for this use dates back to the early 1990s. In 1998, the space was requested to be used for the 1999 World Alpine Ski Championships and significant cost was incurred by the then -owners to meet building and fire code requirements. As a result, the Town issued a conditional use permit so the use could continue for future special events and conferences. At various times since, the conditional use permit was renewed every few years until finally in 2013, the Town of Vail Planning Staff issued an amendment to the temporary conditional use permit to allow for it to be a continued use, and no longer required that it be renewed every five years as had been the practice. Background: The Hotel Talisa refers to this space as Alpine Hall when it is used for events. While there are other ballrooms and conference facilities located at Hotel Talisa and other facilities within the Town, none ` of those spaces are large enough to hold a gathering of 500 people, seated with meals. Without this space, there would be many conferences and events that the Hotel and the Town would have to turn away due to lack of capacity. The Alpine Hall space is critical to the success of the Hotel and the Town for these larger groups. One of the most significant events hosted in this space year after year is the Adaptive Spirit awards dinner (adaptivespirit.com). This is the event hosting handicap snow sport athletes u I ;&r Mauriello Planning Group from all over the country and the world. An event scheduled for October of this year is the Colorado Tourism Governor's Conference (httr)://www.goloradotourismconference.com), a three day event, which features prominent state officials involved in tourism. 4W &%L0RADd% !` THE WORLD � COLORADO GOVERNOR'S TOURISM CONFERENCE HOTEL TALISA, VAIL, CO C OCTOBER 29-31, 2019 In 2018, a total of 6 events will occur or have already occurred in the Alpine Hall space with an average of a 3 day event. Attached to this letter is a copy of a letter as a example of the information provided to the Town on an annual basis. The information provided to the Town for each event includes: Name of the Event Date of the event Loading in and out of event dates ' u I Z`, Number of participants Maui—Ylonning G—P • % of guests lodging on-site Transportation requirements (shuttles, leasing of Ch` NQ°M.,.^IU PI—inTOV buses, vehicle use) n"a' Parking - anticipated impacts to parking onsite and �2018�=11-1.11r"a11E 1,H.11 I plan to address, if required Parking does not occur on local roadways aMea°°rv,w,ae°°wana°°"°a`ereeab,Tne�e°,xne^°'er°°ne^'rv'Oe"a°°ne �,u�°a a,e a°°meom ie�ei °rme aaa o°mmab raae.ms vea, me w,°e,.nry °rine ry°xei Location of culinary operation (usually a tent on the —n as tthan°rmen° na"anrelode rei .rki.g smm dm i rvan:o°re mome, "^e5°°re�°a °°°°a"°° °° °°"'°g`°"nem°�'ry°"^e°edf°°° ec ai �e"rs av rmrtea v�mg °ronev�.. as v°° are �,°, scenai mem: a"a �°"rere"res surface parking area to the east of the indoor space) R° ° 1, °.nP=" Restroom facilities (usually within the Aria building) 11 ° � a,,,°aaa� Staging requirements (usually on the surface parking gfea�t-W. ae,a°a P ° em P g ma w area to the east of the indoor facility) P"n "°""P"n'n g °"°` Crowd management - escorting guests back to hotel Th, uln-I­Alp— "a"n-°°°°1f" A°s°"`n`°°sn"°"'°r--°" and transportation Diagrams showing the proposed layout of space(tables, bar bar areas, exits, standing areas, lecture podium, Audio/Visual requirements) Page 2 of 7 Adaptive Spirit 2018 o Alpine Hall with Heli Pad ', Ca sh esr Ush Ber ®er&B6tles HOTEL TAI IRA Gx sts who a xt tl* cl a will t IQed Oo tleho e'ixigt6re cthetfbe ge matl L dtotla heliatlWWestle, 6neryency E7ess& B-Wre yrgess Bneryemy E7ess B(t Guests whoexttlih d=wllhe Tedd a4 de dlbandatnalnertrance to Aria Sample Alpine Hall Layout C4. ry @ nt ADA RAhP 3 ' ea rcNetSery .r Bva j p.e:::..:: &:... ... who a xt ft door will he •'�• Yf st2 k}t to We stla ve n d1ve. Page 3 of 7 o o o AV ----s IEch ', Ca sh esr Ush Ber ®er&B6tles B .....8 ............... y.h ............... ki.............. ,., ...............8............. Bneryemy E7ess B(t Guests whoexttlih d=wllhe Tedd a4 de dlbandatnalnertrance to Aria Sample Alpine Hall Layout C4. ry @ nt ADA RAhP 3 ' ea rcNetSery .r Bva j p.e:::..:: &:... ... who a xt ft door will he •'�• Yf st2 k}t to We stla ve n d1ve. Page 3 of 7 To view the setup of the Adaptive Spirit (2017 before new building code updates to space) event click on this link: https://youtu.be/8WEOwBUScSw In 2015, Town of Vail Planning Staff approved a minor amendment to Special Development District No. 4, Cascade Village, (attached) converting Unit 4, the tennis courts, into a parking facility. Though it was discussed that the space would continued to be used for conferences and events and as listed specifically in the SDD Ordinance, Town Staff is requesting another conditional use permit be issued for the space. Staff believes that because the previous conditional use permit was issued for the use of the "tennis courts" as temporary conferences, conventions, and special events, and now the request is the use of Unit 4, Level 4, Cascade Club Condominiums, now developed with parking (note: it is the same space, just now identified with the legal description of the space rather than the more colloquial "tennis courts" from years past) as temporary conferences, conventions, and special events, a new conditional use permit is required. In the winter of 2018, consultants and representatives of the Hotel Talisa, made application for building permits to address code issues with this Alpine Hall space so that in addition to parking, the space could be used for events or an "assembly use." Many changes were required by the Town staff, based on building codes, to ensure the space could be safely occupied and exited. Building permits were issued, the work was completed, and the owner was issued a certificate of occupancy. Events were then allowed to occur in Alpine Hall as they had been previously but in a safer, code compliant environment. In February of this year, it had been agreed to by the prior Community Development Director, George Ruther and Chris Neubecker, Planning Manager, that based upon the 2015 Conditional Use Permit, no new Conditional Use Permit was required as long as the applicant provided the necessary information to allow the events. Such a letter providing the required information was provided to staff in February, 2018 and 5 events were allowed to take place. Requests: There are two avenues for approving the conditional use permit. Either as an amendment (an administrative approval) or by processing a new conditional use permit. Administrative Amendment to a CUP: We are requesting that the Town approve the temporary use of the space for conferences, conventions and special events in accordance with Section 12-16-10: Amendment Procedures, which states: A. 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: 1. The amendment is in accordance with all applicable elements of this code and the Vail comprehensive plan; and Page 4 of 7 2. The amendment does not alter the basic character or intent of the original conditional use permit, and 3. The amendment will not adversely affect the public health, safety, and welfare. This is the appropriate procedure as the proposed conditional use requested has not changed, only the regular, permitted by right use of the space has been converted from tennis courts to excess parking spaces. The conditional use is for events and conferences, regardless of the existing use of the space. Because the space was upgraded to comply with assembly requirements earlier this year, all of the above criteria have been met. New CUP: However, if staff does not believe that the amendment procedure is appropriate, then we respectfully request a new conditional use permit in accordance with Chapter 16 of the Vail Town Code. This chapter provides the review criteria for a conditional use permit as follows: 1. Relationship and impact of the use on development objectives of the town. Applicant Analysis: The continued use of the property for temporary conferences, conventions, and special events is consistent with the development objectives of the Town. Use of the space on a limited, temporary basis for intermittent events throughout the year will draw more visitors to Vail in an unobtrusive manner is economically beneficial for the Town of Vail. These events generate significant revenues to the the town in the form of sales tax revenues and lodging tax revenues especially in those times of the year when lodging occupancy is lower and when there is capacity within the Town to handle such events. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. Applicant Analysis: The continued use of the property for temporary conferences, conventions, and special events has no impact on other public facilities. The space was underutilized as a tennis court and was converted to additional parking in excess of parking requirements of the Special Development District. The parking use remains available except when the space is in temporary use for conferences, conventions, and special events. All events that occur within Alpine Hall are appropriately managed and has been without impacts to things like parking or the flow of traffic around the site for years. In recent years, there has been no requirement for parking on the South Frontage or any other road for that matter. Most to the guests to the events are staying at the hotel already thus reducing traffic and parking needs. Additionally, guest attending the event from other facilities are shuttled to and from the site, many time by contract with the Town of Vail bus department. Parking needs are also mitigated by utilizing the level three parking that is required to remain available the the public for a fee. As a result, the burden upon public facilities, is mitigated. As a result, there is no effect on this criterion. Page 5 of 7 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. Applicant Analysis: Generally, the attendees of the events at the property are also guests of the hotel, so parking needs are met with the parking requirements of the Special Development District. To ensure that any parking concerns are addressed prior to an event occurring, the Town has previously included the following conditions: 1. Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Police and Public Works Department approval of a " parking management plan." This parking management plan is only to be implemented on short term, temporary basis and must address all operational issues, such as traffic and pedestrian safety, snow maintenance, enforcement, duration, etc. This management plan shall also prioritize parking locations associated with this conditional use permit as follows: a. Existing Cascade Village Parking Structure, then, b. Lionshead Parking Structure with shuttle service provided by the applicant, then, c. North side of the South Frontage Road only adjacent to the Cascade Resort and Spa building between the south guardrail and the Westhaven intersection. 2. Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Fire Department " pre- approval" of the conference or convention venue. 3. Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. 4. The applicant shall submit a report of upcoming conferences to the Town of Vail Staff on an annual basis These conditions are proposed to remain in effect with this application. As a result, any traffic concerns can be addressed prior to the event occurring and all parties involved are aware of the issues. The proposed conditional use permit complies with this criterion. 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. Applicant Analysis: There are no building modifications proposed, and therefore no effect on scale and bulk. The same space has been used for temporary conferences, conventions, and special events since the 1990s and has been found to be consistent Page 6 of 7 with the character of the area. As a result, the proposed use is consistent with this criterion. 5. Such other factors and criteria as the commission deems applicable to the proposed use. Applicant Analysis: Any other factors can be addressed by the applicant at the request of the Planning and Environmental Commission. We believe that this Conditional Use Permit application is complete and in compliance with the Town Code whether approved as an amendment or as a new conditional use permit application. The proposal is also consistent with all approvals and conditions prior Conditional Use Permits approved for this site. Approval of this Conditional Use Permit will have significant, positive impacts upon the Town of Vail and its desire to grow conference events within the Town that help support local businesses and generate significant revenues to the Town of Vail. Thank you for your time and consideration on this matter. Should you have any questions, please do not hesitate to contact me at 970.376.3318 or via email at dominic@mpgvail.com. Sincerely, I Dominic F. Mauriello, AICP Principal Attachments: • 2015 Conditional Use Permit Amendment • February 2018 Event List with detailed event information • August 2018-2019 Event List with detailed information • 2018 Approved Building Permit Plans for Alpine Hall Page 7 of 7 TOWN OF VAIL 75 South Frontage Road West Community development Department Vail, Colorado 81657 970.479.2138 vailgov.com 970.479.2452 fax December 27, 2013 Town of Vail Planning and Environmental Commission and Adjacent Property Owners Re: A report to the Planning and Environmental Commission on the administrator's approval of an amendment to an existing temporary conditional use permit and its conditions of approval, pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for the continued use of the tennis facility for conferences and conventions, located at 1300 Westhaven Drive/Cascade Village (Special Development District No. 4, Cascade Village, Area A), and setting forth details in regard thereto. (PEC130040) Applicant: Vail Cascade Resort and Spa, represented by Don MacLachlan Planner: Joe Batcheller Dear Planning and Environmental Commission members and adjacent property owners: The purpose of this letter is to inform you that the Town of Vail Staff has approved an amendment to an existing conditional use permit and its conditions of approval for Vail Cascade Resort and Spa's continued use of the tennis facility for conferences and conventions located at 1300 Westhaven Drive/Cascade Village (Special Development District No. 4, Cascade Village, Area A). Staff's approval removes the previous condition for expiration after a five year period, as this condition set a timeframe for a trial period. The Vail Cascade Resort and Spa has proven to operate conferences and conventions in a manner as intended and therefore the periodic review of future amendments is not deemed necessary by staff. The conditional use permit for the use of the tennis facility for conferences and conventions was conditionally approved on December 10, 2007, with an expiration of December 31, 2013. Staff's approval includes the following conditions: 1. Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Police and Public Works Department approval of a "parking management plan". This parking management plan is only to be implemented on short term, temporary basis and must address all operational issues, such as traffic and pedestrian safety, snow maintenance, 1 enforcement, duration, etc. This management plan shall also prioritize parking locations associated with this conditional use permit as follows: a. Existing Cascade Village Parking Structure; then, b. Lionshead Parking Structure with shuttle service provided by the applicant; then, c. North side of the South Frontage Road only adjacent to the Cascade Resort and Spa building between the south guardrail and the Westhaven intersection. 2. Prior to the applicant's use of the tennis facility for any conference or convention event, the applicant must obtain Town of Vail Fire Department "pre -approval" of the conference or convention venue. 3. Should any conference or convention involving attendees who are not the exclusive hotel guests of the Vail Cascade Resort and Spa, the applicant must obtain Town of Vail approval of a parking and shuttle plan prior to the use of the tennis facility for that conference or convention event. 4. The applicant shall submit a report of upcoming conferences to the Town of Vail Staff on an annual basis The Town of Vail Staff has determined that this amendment to the approved conditional use permit for the use of the tennis facility for conferences and conventions meets the review criteria prescribed by Section 12-16-10, Amendment Procedures, Vail Town Code. This administrative approval of a conditional use permit amendment will be reported to the Town of Vail Planning and Environmental Commission at its Monday, January 13, 2014, public hearing at 1:00 p.m. in the Vail Town Council Chambers, located at 75 South Frontage Road West. The Planning and Environmental Commission reserves the right to "call up" this administrative action for additional review at this hearing. This administrative action may also be appealed by any adjacent property owners, any aggrieved or adversely affected person, or the Vail Town Council as outlined in Section 12-3-3, Appeals, Vail Town Code. Please feel free to contact me should you have further questions. I can be reached by phone at 970-479-2440 or by email at jbatcheller@vailgov.com. Sincerely, Joe Batcheller Planner Town of Vail z February 13, 2018 Chris Neubecker, AICD Chief of Planning Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: 2018 Alpine Hall Events — Aria Indoor Parking Area Dear Chris: Pursuant to the Conditional Use Permit issued for events within the Alpine Hall (indoor parking area), Hotel Talisa is required to provide a summary of events planned for the facility. Below is a summary of the planned events in 2018 that we know of so far. All events will use exit plan as approved by the Town for the event use of the space. Event: [DW — One Day Event in Alpine Hall — Awards Dinner Tuesday, March 6th — Banquets and Culinary to set up/Day of Event Event starts at 6:00 pm to 9:00 pm. After party at Talisa Ballroom. Load in begins —March 2 Load out — March 8 500 people to attend this event 50% of attendees anticipated to be staying at Hotel Talisa Expect many to be shuttled by CME Some guests will arrive in rental cars and the structure will have capacity to handle Hotel shuttles will also help to transport offsite guests No parking on frontage road or local roads proposed Portable restrooms and culinary on outdoor parking area on east side of building Flaggers used for people crossing roadway to Hotel Event: Adaptive Spirit - One Day Event in Alpine Hall — Awards Dinner Saturday, April 7th - Banquet and Culinary set up/Day of Event Event starts at 6:00 pm to 9:00 pm. Load in begins -- April 5 Load out —April 9 Fundraising Dinner for US Paralympic Ski Team 780 people to attend this event Most of the guests expected to stay at Hotel Talisa Some guests will arrive in rental cars and the structure will have capacity to handle Hotel shuttles will also help to transport offsite guests No parking on frontage road or local roads proposed Culinary area on outdoor parking area on east side of building Event: Mountain Connect - Three Day Event in Alpine Hall — Sessions and Dinners Tuesday, June 12 —Thursday, June 14 Event starts at 8:00 am to 5:00 pm each day Load in begins — June 10 Load out — June 15 500 people to attend this event Most of the guests expected to stay at Hotel Talisa Some guests will arrive in rental cars and the structure will have capacity to handle Hotel shuttles will also help to transport offsite guests No parking on frontage road or local roads proposed Culinary area on outdoor parking area on east side of building Event: IEEE - Five Day Event in Alpine Hall -- Sessions Monday, June 18 — Friday, June 22 Event starts at 8:00 am to 9:30 am each day 750 people to attend this event One third of the guests expected to stay at Hotel Talisa but other Vail hotels will be used Some guests will arrive in rental cars and the structure will have capacity to handle Hotel shuttles will also help to transport offsite guests as well as TOV chartered bus service No parking on frontage road or local roads proposed Portable restrooms and culinary area on outdoor parking area on east side of building Diagrams of the different events layout are attached. If you have any questions please feel free to contact John Garth, Area Managing Director, at 303-521-3525 and/or Brittany Richards, Director of Catering and Conference Services, at 303- 748-0292. Sincerely. John Garth Area General Manager Hotel Talisa, Vail 12> t 6 n 9 eP Screens ❑ 10' AAL 336 [arpete4 Sr2RP16' dR'GrourM Rupponed Truss t a' R3o >�,rean o Tn 30' x 45' Culinary s�y��Q��,(K�'11 12 13 14 16 16 1] 18 19 IAI VD'" v0" 22 `+V" C��jv Vim' CpIIp 36 3] 36 39 40 41 42 43 .rw.WI pAQ0 C! 0 QaQ,� 0000 ] 48 49 50 Graup Entrance QVW�' O� gVWk' OO Mo.�R�bp„ 3® 2, Iwl Exiting per approved building plans Alpine Hall with Heli Pad 20 Feet 1 2017 CDW PA /Awards Gala Dinner 0 N N M r -I � r6 E N 0- 0 0 O = 0 ap 4.1 a n O N O aj v r 2 o p v a oo 4� c `6 -ca 0 0 .E Q N a Q LM AD?R' N ^ (0 2> 12 Yo � N g� Y� Ao D - DA RA lL w a : H s � L L1 v a 0 n� Re gs tra tion W 3 " •�Z � ` 2 w _ Q 2 v a lo DA RA � c� a• ®0 Ba nque is & S e rvice Are a LM AD?R' N ^ (0 2> 12 Yo � N g� Y� Ao D - DA RA lL w a : H s � L L1 v a 0 n� Re gs tra tion W I 1mv 1 61C 1 Mauriello Planning Group August 6, 2018 Chris Neubecker, AICP Planning Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: 2018 - 2019 Alpine Hall Events, Hotel Talisa Dear Chris: I wanted to provide you with an update regarding the event schedule for the Alpine Hall (the parking area on the 4th level of the Aria Building). Earlier this year the ownership of the Hotel Talisa addressed all of the building and fire code related issues in the Alpine Hall space in order to ensure that the space can act in a dual function: parking for the majority of the year and special events at limited times of the year. As you are aware, special events and conferences are vitally important to the Town's economy as well as the Hotel Talisa. It was agreed earlier this year by you that there was no need to obtain a new Conditional Use Permit pursuant to the previously obtained permit for use of this space within the Alpine Hall/Aria Building. We would like to continue under the requirements of the previous Conditional Use Permit. This process still allows all departments at the Town of Vail to address any issues related to Town Codes and impacts to items like parking. Attached you will also find the letter submitted earlier this year to comply with the CUP requirements. The previous letter covered 2018 Alpine Hall hosted events through June of 2018 This summary covers Alpine Hall hosted events from August through April of 2019. Mauriello Planning Group Page 1 of 3 Event: Colorado Tourism Governor's Conference — Three Day Event in Alpine Hall October 29 - 31 Tuesday, October 30th - General Session - 8:30-10AM; Lunch —12:45-1:45PM; Reception & Awards Dinner -7-11 PM; Wednesday, October 31St - General Session - 8:30-10AM; Lunch — 12:45-1:45PM Load in begins — Friday, October 26th - Freeman Load -in Load out — November 1 550 people to attend this event 80% of attendees anticipated to be staying at Hotel Talisa Expect many to be shuttled to property by CME Some guests will arrive in rental cars and the structure will have capacity to handle Town of Vail contracted to transport offsite guests No parking on frontage road or local roads proposed Culinary tent provided by Alpine Party Rentals on outdoor parking area on east side of building. Guest to utilize existing restrooms within the Aria Health Club. Flaggers used for people crossing roadway to Hotel — human arrows provided by Hotel Talisa Event: Adaptive Spirit - One Day Event in Alpine Hall — Awards Dinner Saturday, April 6th - Banquet and Culinary set up/Day of Event Event starts at 6:00 pm to 11:00 pm. Load in begins —Thursday, April 4th — Freeman Load -in; Friday, April 5th —Alpine Party rentals culinary tent install Load out — Sunday, April 7th — Hotel Teardown; Monday, April 8th — Freeman and Alpine Party Rentals load -out. Fundraising Dinner for US Paralympic Ski Team 780 people to attend this event Most of the guests expected to stay at Hotel Talisa Some guests will arrive in rental cars and the structure will have capacity to handle Hotel shuttles will also help to transport offsite guests No parking on frontage road or local roads proposed Culinary area on outdoor parking area on east side of building Diagrams of the different events layout are attached. Page 2 of 3 If you have any questions please feel free to contact John Garth, Area Managing Director, at 303-521-3525 and/or Gretchen Walker, Director of Sales and Marketing, at 303-472-7049. Sincerely, �4" Dominic F. Mauriello, AICP Principal Page 3 of 3 O®0 Ba nque is & S e rvice Area F° v F Q xg LU a s^ •�Z DDu - c - v - �> w F� • u� : 33 vi X.4 Ni O®0 Ba nque is & S e rvice Area F° v F Q xg LU a r6 d 00 '— r -I � O = N a N v = +� v a� `6 a Q Q 3 " •�Z ?� 3� z >- X.1 vy a v a o DA RA a• ®0 Ba nque is & S e rvice Are a N O'Lno M co OADAR 2> Yo � x N 22 Y� 12 Ln o a ri 2-0 3:2 vo o o v'� q n+ p �o IIyPL� - DA RA 0 : LF w a H s � L1 v a 0 v - Re gs tra tion 43 / / } ` \ �, CT) ( CD Ln C—n § 30VHV99nio vimv z w (9 2 Nn L=jj w z > 0� }}) }(�. � ! :.}}}\ (: W : mill .} ° ( )}\^\}� § } \� }}) }(�. � ! :.}}}\ (: W : mill I 7 .} ° ( )}\^\}� § } \� W I 7 .} ° § W %§ © w u :§s, x0 W I 7 .} ° § © / / } ` \ �, CT) ( CD Ln C—n § 30VHV99nio vimv z w (9 2 Nn L=jj w z > 0� }}) }(�. � ! :.}}}\ (: W : mill .} ° ( )}\^\}� § } \� }}) }(�. � ! :.}}}\ (: W : mill I 7 .} ° ( )}\^\}� § } \� W I 7 .} ° § W %§ © w u :§s, x0 W I 7 .} ° § © City of Vail, Colorado Logo VAIL TOWN PLANNING AND ENVIRONMENTAL AGENDA MEMO MEETING DATE: ITEM/TOPIC: September 10, 2018 PEC Results ATTACHMENTS: File Name Description Pec results 091018.pdf September 10, 2018 PEC Results 0 PLANNING AND ENVIRONMENTAL COMMISSION TOW?J OF ffl September 10, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Attendance Present: Brian Gillette, Ludwig Kurz, Pam Hopkins, John Ryan Lockman, Rollie Kjesbo, Karen Perez and Brian Stockmar Absent: None Main Agenda 2.1. A request for a recommendation to the Vail Town Council for a Prescribed 75 min. Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-13-4, Requirements by Employee Housing Unit (EHU) Type, Vail Town Code, to allow for an increase in the maximum size of a Type III Employee Housing Unit. (PEC18-0031) Applicant: Mauriello Planning Group Planner: Chris Neubecker Chris Neubecker introduced the requested code amendment to the commission. Neubecker discussed Type I I I Employee Housing Units (EHUs) and its requirements/regulations. Commissioner Stockmar asked about how owners or occupiers of Type I I I are affected by retirement. Commissioner Gillette asked about Type I I I and if they count for density and GRFA. Stockmar-This could spark a merger of units. Neubecker discussed the size of units. Stockmar-A lot of questions as to why we are doing this. Dominic Maurilio, representing the applicant, discussed the proposal and why a text amendment was chosen, instead of other possibilities. He discussed the different types of EHUs and the ones that aren't in the code, mainly TOV projects. Mauriello walked through each type of EHU and their characteristics. He provided data on the number and average size of units within the TOV. He also walked through the criteria for approval. Kjesbo-Does the property have property lines, or is part of a larger property? I am struggling with the relationship between lot size and house size. Hopkins -Discussed the changes in house sizes over time. Effect on community. Mauriello discussed his experience with house size Perez -Expressed her concern about parking and management. Felt the need to look at the bigger picture. Mauriello- Would the unit size affect the management? Stockmar-This is a bigger question than I realized. Public Comment: Steve Lindstrom, representing the Vail Local Housing Authority (VLHA), discussed the board's review of this proposal. Discussed the board's move away from the terms "employee" or "affordable" housing and focus on resident housing. Discussed their vision for a parallel housing market for residents, versus second home owners. Believes that market forces will take care of price and large unit concerns. Gillette -Maybe we are going a bit too fast. Need a devil's advocate for trying to think of all the unintended consequence. Stockmar- I agree very much with Gillette. Hopkins -Could you build a frat house? I am concerned with the maximum size. Stockmar-Is this an issue for code enforcement? Is there another way to skin this? Kjesbo- This was built in Eagle County. Is a variance a better way than the text amendment? Neubecker-I would like to hear from Kurz and Lockman. Kurz -Split this into two. One policy, and one for this property in question. In general as for size, the 1,200 square feet was not taken out of thin air. There was an argument years ago that said larger units would encourage use by others than eligible for employee housing. Smaller units encouraged locals and employees. Lockman- Concur with others. It would be great if the town would do more research on this. Instead of one offs. Hopkins- Like to split it. Perez- Need to look at this property separately. Ludwig Kurz moved to table to October 8, 2018.13rian Gillette seconded the motionand it passed (7-0). 3. Approval of Minutes August 27, 2018 PEC Results John -Ryan Lockman moved to approve.Ludwig Kurz seconded the motionand it passed (6-0). 4. Adjournment Ludwig Kurz moved to adjourn. J ohn- Ryan Lockman seconded the motion 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. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Ad #: 0000303347-01 TOWN OF VAIL Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE Your account number is: 1023233 NOTICE IS HEREBY GIVEN that the Planning a nd PROOF OF PUBLICATIONvol°Tu'w�code,logysept°mb,za,=8ai2- nmm EnAm—aal Coisslon of Me Town of Vell will 1:00 pm in the Town of Vail Municipal Building. VAIL DAILY AraquWto, afimlrecounreendavontoMaVail Town council on a motor amendment to special De- STATE OF COLORADO velopment Distrix No.4, Glen Lyon Subdivision, put.W Section l2 -9A-10, Amendmenl Prace- COUNTY OF EAGLE aures, vale Town Code, to allow for an amendment bpiden°nggenvebd language provide g envNope, and to ability to provide employ- eehousing,Glee,located I, Mark Wurzer, do solemnly swear that I am Publisher of i1170land sun (PECi and setting forth tle1al15I I regard [hereb. (PEC18-0032) iorth do139, Glen Lyon thereto. APP,Ignacio Torras,representedbyMaur- the VAIL DAILY, that the same daily newspaper printed, in Ito Planning Gro p Planner: Jonathan Sp— whole or in part and published in the County of Eagle, A request for M-1- of a Contlltlonat Use Per - ni ,VslTofwocoodde'°� 1aAllow'faau rta, LaveiPar- State of Colorado, and has a general circulation therein, oo- � �ree� s"� w'mionsla dsoecillevfor eents, located that said newspaper has been published continuously and at 1295 Westin— Drive Unit 4run lotted, dseflingfwthdetailsinregardMerelo.(QEC18- 0033) uninterruptedly in said Count of Eagle for period of P Y Y 9 Applicant: Vail Hotel Partners LLC, represented try Mauriello Planning Groupp Planner: Chris Neubacker more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or The applications and information about thegpropos- osas cv,,I,2. lowo,PVzil Cnmpmuban develofficet advertisement and that said newspaper has published the Department, 75 Soutli Fro age Road. Thep 79- I. nn[etl to attend site visits. s Re a call 9T0 -4T9- requested legal notice and advertisement as requested. 2138 or visit www.vailgov.coMplanning for adtlition- ",Information. Sigg language inlerpMation available upon request wiM 24-hour notif Gan, dial ]11. The VAIL DAILY is an accepted legal advertising medium, P 9 9 Published September T, 2018 In the Vall Dally. 00003o3347 only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 insertion; and that the first publication of said notice was in the issue of said newspaper dated 9/7/2018 and that the last publication of said notice was dated 9/7/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/7/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 9/7/2018. �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4L als�6 NbTpre,RflgLie. iGFF:7i Lgf,{14P8(3 ppTARY'[7:ldffd69938g' N'/ Cf,;SIDN %'%271lw4AIiGi15T9,2�' Ad #: 0000309766-01 PLANNING AND ENVIRONMENTAL Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM September O COMMISSION 2018,ION1:00 PM Town Your account number is: 1023233 Council Chambers 75S. Frontage Read- Vat, Colorado, 81657 1. Cellto Omer Adendance PROOF OF PUBLICATION 2. Sitevisha 2.1, 1295 Weethaven Drive-Caseaderrares Parkin, VAIL DAILY arege 2.2. 1170 Westhaven Lane - Glen Lyon Subdivision STATE OF COLORADO 3. Mai^Agenda COUNTY OF EAGLE 3.,. A request for a anal r000mmendauon to a Vat Town Council oo a major amendment to Special De velopment District Ni, Glen Lyon Subd'vision, I, Mark Wurzer, do solemnly swear that I am Publisher of di,hi V it S -i" ,z9A-10, Amendmem P%ca- aures, Vail Town Code, to allow for an amendment to the builtling envelope, tang age regulating the the VAIL DAILY, that the same daily newspaper printed, in building smalope, and the m,n mprowdeemploy- e housing aHcite, located t 1170 Westha,% whole or in art and published in the Count of Eagle, P P Y 9 aha2ot 39, Glen li Subdlvisipn, and ening torth details in regard thereto. (PEC1&0032) 45 min. of Colorado, and has a general circulation therein, A plica. pr Ignacio Torras, presented! by Memel,State PPnrring Crew Planner: Jonathan Spence that said newspaper has been published continuously and uninterruptedly in said Count of Eagle fora period of P Y Y g P 3.2. A request for the review of a Conditional use Permit• pursuant to section 12-s. Cc diugnal use Permits, Vail Town Codeto allow for unit 4, Level 4, more than fifty-two consecutive weeks next prior to the cascade Club condominiums tp be used for temp, rara nomerenpes, eon --Mohs and special eve ts, first publication of the annexed legal notice or tad at 1295 Weshaven Drive unit 4NnpIa d Ind seting, forth details in regard hereto. (PEC15 0033) 5— advertisement and that said newspaper has published the alHotelPenn,, LGma�r.Car fe requested legal notice and advertisement as requested. ,A;oplicant: prose g p Plana° Chris Ni 4. Approval of Minutes September 10, 2016 PEC Results The VAIL DAILY is an accepted legal advertising medium, 5. Adloumment only for jurisdictions operating under Colorado's Home The applications and information about the propos- asare available it public inspection duringregmar Rule provision. office hours at the Town of Vail Communi Develop rr. ig De,rom o'avena a Fro^ ad, Te gee the site visits that precede therpubllc hearing in the That the annexed legal notice or advertisement was Town m Vail Community Development Department. ;'�nabIdP,Indahgaaha ratea,,,pnetsubjectr published in the regular and entire issue of every number at what time the Planning and Environmental Com - miss will oamdwan item. Pleasesall(970)479- of said daily newspaper for the period of 1 insertion; and 2,30 for additional information. Please call "I to sig^ megpage into prete,ipn 46 "our odor to meet- gtime. that the first publication of said notice was in the issue of P the Via D% Development Department Published m he Veil Deily September 21, 2016. 0000309766 said newspaper dated 9/21/2018 and that the last publication of said notice was dated 9/21/2018 in the issue of said newspaper. In witness whereof, I have here unto set my hand this day, 9/21/2018. Mark Wurzer. Publisher Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this day 9/21/2018. i0911"b ti, �1 Jerilynn Medina, Notary Public My Commission Expires: August 3, 2020 JEr 1 LYA�'i rt4L als�6 rebrarew RDaL�.D. ppTARY'D:ldffd09938A' N'/ Cf,;SI�N %'%i•'71lw4FIiGi15P9,2�'