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1999-11 Repealing and Reenacting Ordinance No. 8, Series 1995, Cascade Village, Amending and Reestablishing the Approved Development Plan for the Westhaven Club & Lodge Located within Development Area A
r 3 ~ , 1 .~ ORDINA~CE N0.11 SERIES OF 1999 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 8, SERIES OF 1995, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR THE WESTHAVEN CLUB & LODGE LOCATED WITHIN DEVELOPMENT AREA A, IN ACCORDANCE WITH SECTION 12-9A-10 OF THE ZONING REGULATIONS TO ALLOW FOR THE CONSTRUCTION OF TWENTY-ONE, TYPE III EMPLOYEE HOUSING UNITS, ELEVEN FRACTIONAL FEE CLUB UNITS AND SEVENTEEN ACCOMMODATION UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-1Q of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Gerald Wurhman, as owner of the property, has submitted an application for a major amendment to Special Development District No. 4, Cascade Village, Development Area A; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 8, Series of 1985 to amend and re-establish the Development Plan for the "Ruins" site {Westhaven Condominiums) to allow far the construction of the Westhaven Club & Lodge; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Town of Vail Comprehensive Pian; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safe#y, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Development Area A, NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purx~~~e ~# the Orc~inar~r..w Ordinance No. 8, Series of 1985, is hereby repealed and re-enacted by Ordinance No. 11, Series of 1999. Ord'€nance 11,Seri~:s of 1999 ~~ Section 2. Amendment Procedures Fulfi ed, Planning Commission Report. The approval procedures described in Section 12-9A of the Vaii Municipal Code have been fulfilled, and the Tawn Counci! has received the recommendations of the Planning & Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A, Westhaven Club & Lodge. Section 3. Special Development District No. ~ Specia! Development District No. 4 and the development plans for all sites other than the development plan for the Westhaven Club &Ladge therefore, hereby remain approved far the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise 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 & Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Detrnitinns Eor the purposes of this chapter, the fallowing definitions shalt 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 ar restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling tha# is managed as a short term rental in which all such units are operated under a single management providing the occupants 2 Ordinance 11,5eries of 1999 ,~ thereof customary hate! services and facthties. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shalt 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 #hat 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 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 dweiiing unit. The transient residential dwelling unit parking requirement shall be D.4 space per unit Pius D.1 space per each 1 DD square feet of GRFA with a maximum of 1.D space per unit. Es#ablished 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 Acreage Cascade Village Coldstream Condominiums Glen Lyon Primary/Secondary and Single Family Lots Glen Lyon Commercial Site Dedicated Open Space Rnarls TOTAL Development Plan--Required Approval Procedure Development Area A 17.955 B 4.DD0 C 9.10p D 1.$DD 4D.4DD 4.7vQ 97.955 3 Ordinance 11,5eries of 1999 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 lae allowed one development plan each. Development Area D shall be allowed #o 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. Permitted Uses A, Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-78- 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 fast floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located an street level or first floor {as defined above) unless it is clearly accessory to a lodge ar 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. Multifamily dwelling; 5. Single Family dwelling; 6. Primaryl5econdary 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. 4 Ordinance 11,Series of 1999 ~~ ~ ~ ~ C. Area C, Glen Lyan Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II 1=mployee 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. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chap#er 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, as amended. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. 3. Special attraction; 4. Ski lifts; ~. Public park and recreational facilities; 6, Major arcades with no frontage on any public way, street, walkway or mall area. 7, Transportation Business. 8. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyan PrimarylSecandary and Single-Family Lots 1. Public park and recreational facilities, 2. Ski lifts; 5 Ordinance 11,5eries of 1999 • D. Area D, Glen Lyon Commercial ite 1. Micro-iorewery as defined in Town of Vail Municipal code, Chapter 12-2. a~~~sso-y use$ 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, 3. At#ached 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. S. 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 Vaif Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses cus#amarily incidents! and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon PrimarylSecondary 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 Vaii Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, pa#ios, or other recreations! facilities customarily incidental to permitted residential uses. 6 Ordinance 11,Series of 1999 3. Other uses customaniy mcidentai and accessory to permitted or condi#ianal uses, and necessary for the operation thereof. Area D, Glen Lyon Commercial Si#e 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zanfng Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, pa#ios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Locafian 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 estafalisrrment 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) accommoda#ion or transient dwelling units and a maximum of ninety-four dwelling units 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 Lyan PrimarylSecondary and Single-Family Lo#s One-hundred four {104} dwelling units. 7 Ordinance 1 i,series of 1999 D. Area D, Gien iwyora Commerciale 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. 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 PrimarylSecondary district of the Town of Vaii municipal code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. $, 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. 8 Qrdinarice 11,Series of 1999 Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART ~ : Area A Completed Projects Retail! Square On-Site Cascade Structure Aus pUs GRFA Commercial Foot Parking Parking M€LLRAGE I 16 2D,DD0 20 0.00' _ ~' ~ ' ~ . - __..._ MILLRACE II 14 17,534 25 O.OD r~ " r ~ MILLRACE IIII 3 6,450 ' MILLRACE IV (CpSGRIFF)"`" WESTIN 148 Alfredo-=s Cai2 Liltle Shop Pepi Sports W & H Smith, Vaurnot CMG BU3LQING Cascade Wing Clancy-s Theater College Classrooms Coliege DffiCe ThoatedNteeting Room 2J € tkHAGt WING Racros 1 ZO Retail 6 ~ 10,450 55,457 104 Seats 7A Seats 1,250 2,491 900 8 15,870 1,800 4,220 1, 387 58, 069 5,856 t9 0.00 .;h ~ , } 0.00 115 ~,5. '~. s ~,. ,~ 0.00 16 0.00 13.3 28 OAO 40 I a.aa a 1 O,DO I 11.5 ~':r "I } ~ __ _ :~ ,~ 0.00 105 0.00 20 9 Ordinance 11,Series of 1999 UIFT51fJ£ (WATERFORD] Units Employee Units 20 7,205 9 ,099 925 300 252 82a ~,3as 420 4, << O.OD 1fi 0.00 4 0.00 35 0.00 3 0.00 'f fl.D0 3,5 0.00 3 O.fl0 7 D.DO t.4 ~~~ x R+~ `n_~ w + ~ ~y '~ x1"r 56 2 58 22.5 10 Ordinance 11,Series of 1999 '"Plaza space has already aeen counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. "'For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 30Q s.f. to be allowed for each enclosed parking space. CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 in Cascade Parking Structure Less 17.5% Mixed-Use Credit Total Required Parking at Buiid-Out of Area Ain Cascade Structure Existing Parking in Cascade Structure Required Parking in Cascade Structure at Buiid-Out of Area A With 17.5°lo mixed-use credit Parking Spaces 461.9 , ~aa.s ~ . 381.1 421.01 381.1 Develapmenf 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 deveiopment plan far 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, SitelGrading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-1392, Plan Level 38143' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"I53'-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"174'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"185'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Pian Level 90`-6" Gwathmey, Pratt, Schultz. 11 Ordinance 11,Series of 1999 9, Waterford, 5tzeet #2.7, dated 11-13-92, plan Level 701'-0" Gwathmey, Pratt, Schultz. 1 D. Waterford, Sheet #2.$, dated 11-13-92, Pfan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Pfan Level 122'-D" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Pian 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 11-492, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-2D-92, Unit Plans, Gwathmey, Pratt, Schultz. 2D. Waterford, Sheet #9.3, da#ed 10-2D-92, Unit Plans Gwathmey, Pra#t, Schultz. 21. Waterford, Sheet #9.4, dated 10-2D-92, Unit Pions, Gwathmey, Pratt, Schul#z. 22. Waterford, Sheet #9.5, dated 1 D-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addi#ion Site Plan, Roma, 10110188. 24. Cascade Club Floor Plan, Roma, 10110188. 25. Millrace III, Sheet #1, dated 516193, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4113193, Floor Plans for Single Family Residence, Steven Jaynes Riden. 27. ~ Millrace III, Sheet #3, dated 516193, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 312D/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 516193, Elevations for Duplex Building, Steven James Riden. 30. Millrace Ill, Sheet L1, dated 516193, SitelLandscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, alkla Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10128191, 32. Millrace iV, Scenario 1, a1Wa Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10122191. 33. Millrace IV, Scenario I, alkla Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10123191. 34. Millrace IV, Scenario 1, allcla 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, 618187. 12 Ordinance 11,Series of f9B9 s •37, Site Coverage Analysis, ~agle"~lafley Engineering, 10110188. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/2ZI88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 1211194 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 312192 41. Site Plan, SL-1, R.G. Clark & Associates, 3126199 42, Site Grading Plan, SL-2, R.G. Clark & Associates, 3126199 43. Landscape Plan, SL-3, R.G. Clark & Associates, 3128199 44. Southeast Elevation, R.G. Glark & Associates, 3126199 X45. Northwest, Northeast, & Southwest Elevation, R.G. Clark & Associates, 3125199 46. Sections & Details, R.G. Clark & Associates, 3126199 47. Parking Level Plan, R.G. Clark & Associates, 3126199 48. First Floor Plan, R.G. Clark & Associates, 3126199 49, Second Floor Plan, R.G. Clark & Associates, 3126199 50. Third Floor Plan, R.G. Clark & Associates, 3126199 51. Fourth Floor Plan, R.G. Clark & Associates, 3126199 52. Off-site Improvement Plan, R.G. Clark & Associates, 3126199 53. Roof-Top Mechanical Plan, R.G. Clark & Associates, 3126199 * A maximum of 1p0~ 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 PrimarylSecondary and Single Family Lots 1. Building Envelopes for Lats 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 far this area has expired. See Ordinance No. 8, Series of 1998 far previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated in#o the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum devefopmer~i star~dards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks 13 Ordinance 11,Series of 1999 ~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 #wenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking s#ructure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. Ali buildings shall maintain a 5Q 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, Gien Lyon PrimarylSecondary and Single-Family Lots Required setbacks shall be governed by Section 12-5D-7 of the PrimarylSecondary 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 faNawing: All future development will be restricted to the area wi#hin 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 ar finished grade) will be permitted to project beyond the building envelopes not more than ten feet {1 p'} nor more than one-half (2) the distance between the building envelope and the property line, or may project not mare than five feet (5'} nar 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. Heighf A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade ar finished grade (whichever is more restrictive), at any given point to the top ofi 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. 14 prdinance 11,Series of f999 4. Westhave n Bwld~ng. ~axfmum of 55 feet. 5. Millrace Ifl: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet, 7. Cascade Ciub Addition: A maximum of 25 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 [3. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-f=amity Lots The maximum height shalt be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyan Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shat! 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. Site Coverage Areas A & B: No mare than 35% of the fatal 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 Vaii Municipal Code apply. Area D: No mare than 37% of the total si#e area shall be covered by buildings and the parking structure. Landscaping At least the fallowing percentages of the total development area shall be landscaped as provided in the development plan. This shat! include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (00%), 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 15 Ordinar}ce 11,Series of 1999 parking structure or buiidingsi~l'fh the exception of Millrace IV, Scenario I, where 66.6°1o and the Westhaven Club & Lodge, where 71% of required parking shah 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 Tawn of Vail parking code, has been applied #o 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. Na mixed use credit shall be applied to this site. 4. There shah 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 nat 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 far Cornerstone and Waterford shall be located an their respective sites. Aii required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace ill. $. 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 Cade. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Repart, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail BCewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 16 Ordinance 11.Series of 1999 2. No loading or delivery of goads shall be allowed on the public righ#-of-way along the South Frontage Road adjacent tv the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due fior the development within SDD No. 4 under Chapter 3.20 shelf 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 GRI;A 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 shalt 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. E. Ali 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. ft 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. 17 Ordinance 11,series of 1999 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 DFstrict No. 4, A. The developer shall provide or work with the Town to provide adequate private transparta#ion 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 shah construc# 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 the Westhaven Club & Lodge, The sidewalk shalt 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 Club & Lodge. 2. The developer steal{ provide 190-year ffoodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vaif 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. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance Na. 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 21 employee dwelling units within Area A Westhaven Club & Lodge building (Ruins), 3 within the Cornerstone Building and 2 within the Liftside (Vaterford Building). Each employee dwelling unit in the Westhaven Club & Lodge building {Ruins) shall be deed restricted as a Type III EHU. Said deed- restriction shal4 be executed and recorded with the Eagle County Clerk & Recorder's Office prior to the issuance of a temporary certificate of occuppancy. Each employee 18 ordinance 1 i,Ssries of 1999 • ! ~' unit in the Cornerstone Building shat! 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 8D0 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. fn 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 fee#. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Hauling 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 a# leas# 500 sq. ft. each, on each lat. These lots shall not be entitled to the 500 sq. ft. of additional GRI=A. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed #o remain (no increase in driveway width is required) for all allowedlrequired dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein Wesfhaven Club & ~.odge Conditions of Approval 1. That prior to issuance of a building permit, the applican# submit a detailed contractor's cost estimate identifying the costs necessary to relocate the existing overhead utility line along the applicant's north property line underground, and that the applicant establish a financial bond with the Town of Vail in the sum of 125% of the said reloca#ing casts to insure the undergrounding of the utility line. 2. That the applicant regrade and revegetate the knoll located at the northwest corner of the development site at the time of the final grading of the Westhaven Cfub & Lodge. Due to the exposure and aspect of the hillside, the knoll shall be regrading to slopes not exceeding 3:1. The regrading shall be reviewed and approved by the Town Engineer and said regrading shall be completed prior to the issuance of a Temporary Certificate of Occupancy 19 Ordinance 11,Series of 1999 i • • 3. That the applicant provide Type !II Employee Housing Unit deed-restrictions , which comply with the Town of Vail Employee Housing Requirements (Title 12, Chapter 13, of the Town of Vail Municipal Code} for each of the 21 employee housing units, and that said deed-restricted housing be made available for occupancy, and that the deed restrictions be recorded at the Office of the Eagle County Clerk & Recorder, prior #o requesting a Temporary Certificate of Occupancy for the Westhaven Club & Lodge. 4. That the applicant submit detailed civil engineering drawings of the required off- site improvemen#s (street lights, drainage, curb and gutter, sidewalks, grading, etc.} to the Town of Vail Public Works Department for review and approval prior to the issuance of a building permit. 5. That the appEicant record a twenty foot (20') wide pedestrianlbike easement for that portion of pedestrianlbike path traversing the applicant's property and as identified on the Topographic Map prepared by intermountain Engineering Ltd., dated 12/22/9*f, and that said easement be recorded at the Office of the Eagle County Clerk & Recorder, prior to the issuance of a building permit. The exact location and language of the easement shalE be reviewed and approved by the Town Attorney and Tawn Engineer prior to recordation. B. That the applicant provide written documentation from the Public Service Company granting approval of the construction of the Westhaven Club & Lodge in the location identified on the site plan relative to the high pressure gas line. Written approval shall be granted prior to the issuance of a building permit. 7. That the applicant record an access easement along the east property fine for that portion of the driveway and access and trash enclosure which encroaches upon the adjoining property and that said easement be recorded at the Office of the Eagle County Clerk Recorder, The exact iota#ion and language of the easement shall be reviewed and approved by the Town Attorney and Town Engineer prior to recordation. Recordation of said easement shall be prior to the issuance of a Temporary Certificate of Occupancy. 8, That the final landscape plan and architectural elevations be reviewed and approved by the Town of Vail Design Review Board, prior to the issuance of a building permit. 9. That the approval of this major amendment to Special Development District #4 shall become lapsed and void one year from the date of a second reading of an ordinance amending the district, and that should the approval lapse, the applicant shall be required to remove the "ruins" and restore and revegetate the site by no later than 2d Ordinance 11,Series of 1999 ~5e tember 1 201?0. A bond r p p ov~d~ng financial security to ensure that said removal occurs shall be required following second reading of an amending ordinance. It shall be the applicant's responsibility to provide a cost estimate of the removal and restoration work. The bond shall be in the amount of a minimum of 125% of the removal and restoration of the site costs. The bond shall be in place within 45 days of second reading of this ordinance. If the bond is not in place with the 45 day time period, the approved development plan for the Westhaven Club & Lodge shalt became null and avoid. 11. That the applicant revise and submit an amended site plan, landscape plan, and grading plan indicating improvements to the existing boulder retaining wall along the east side of the access driveway. Each of the plans shall be reviewed and approved by the Town staff and the Design Review Board. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is far any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one ar mare 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 ar 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. Al! bylaws, orders, resolutions and ordinances, or parts thereof, inconsis#ent 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. 21 Ordinance i1,Series Of 1999 i ~ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20'" day of April, 1999, and a public hearing far second reading of this Ordinance set for the 4'" day of May, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. -:fir`. ~ ~ ~ 1`' ,'I= _-L f ` ~ /~ ~I~ A S ~ . _ ~ ~ -~ " L `= Robert E. Ford, Mayor =-: ,: ATTEST: ~%,,~ ~, ~ ' ~~~~~~~''rrr p ~I u~u u~~ ' ~ 1 ~torel~i Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4'" day of May, 1999. ,;,,, ~`~ytil (~r -:~ ~~,~ - `~E~,L = .'J o``• ~~~'~iiir~C~LO~ P~,z.,~~`~. !I7!!!!lIIIUISI11~4h 1~~ ATTEST: ~~ / r Lorelei i~onaldson, Town Clerk ~6 Ludwig Kur{~ayor Pra-tem 22 grdinarlce 11.5eries of 1999 ~ ~+....,~~ry •` p • f ~ .c ~ C a: ~7; ~ ~ , Rq ••....••'` ~~ n o 3 3, ~: 0 7 X -g. ro rn t~Q ro ~ ~ {^ ~5 O ~ o Q Q ~ o t~ rn ~~o ~ ~ ~ ~ O ~ -„ ~ O ~O r r t-` ~~ ~~_ Q Q O ~~ c 0 _~~ 4~D ~~ ~~e C s --a `- (~ 'L ~' ~ ~ Q O Q. ~ ~ ~ ~ m ~~ ~ ~ ~ tD ~ ~ ~ ~ (D ~ ~ Q C~ -n O ~'' ~ Q- ~ S ~ ~ m Or < G fl ~ ~ CJ"m Q ~' ~ ~ m O CD t4 `u ~' C7 Q a ~ ~ {O ~ Q -* ?G ~ ~ -+ --r. ~ ...~ CD ~ ~ ~' to CD ~] { ~ v' <4 O p ~ ~' ~ cn -r ~" rn ~ ~. m ~ o ~ ~ ~ ~ ~ ~ °~- ~ ~ ~ m ~`~ n~~n o ~ ~~~ ~ ~ m 3 ~ ~' ~ -~ ~ Q ~` ~ T Q ~ ~ ~ ~ ~ ~ Q Q "' W Q O Q 3 4~ ,..,. 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