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Home My WebLink About2007-11 Amending Special Development District No. 4, Cascade Village, to Allow for a New Development Area located at Tract K, Glen Lyon Subdivision ' ~ ORDINANCE NO. 11 II Series of 2007 AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-2 of the Vail Town Code permits major amendments to existing special development districts; and WHEREAS, Vail Resorts has submitted an application for a major amendment to Special Development District No. 4; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this major amendment at its April 9, 2007 public hearing, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend Special Development District No. 4. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE JWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4, Cascade Village, is hereby ~nended as follows: (deletions are shown in s~eag#/additions are shown in bold italics) Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4". B. The district shall consist of four separate development areas, as identified • in this ordinance consisting of the following approximate sizes: 1 • Area Known As Development Area Acreagg Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 4&488 32.078 Roads 4.700 TOTAL 97.955 Section 2. Special Development District No. 4, Cascade Village„ is hereby amended as follows: (deletions are shown in ~~/additions are shown in bold italics) Development Plan -Required -Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the • Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of the Municipal Code. Section 3. Special Development District No. 4, Cascade Village, is hereby amended as follows: (deletions are shown in s#~il~~/additions are shown in bold italics) • 2 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12- 76-3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; • 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1.Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. • 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. 3 • D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. Z. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Section 4. Special Development District No. 4, Cascade Village, is hereby amended as follows: (deletions are shown in s~+lE~ tk:-s~q/additions are shown in bold 1taNcs) • 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 4,5~ square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; • 5. Public park and recreational facilities; 4 • 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1.Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 1. Public parks. . Z. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily Incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause • or phrase thereof, regardless of the fact that any one or more parts, sections, s I • subsections, sentences, clauses or phrases be declared invalid. Section 6. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. • Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. • 6 • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this is` day of May, 2007, and a public hearing for second reading of this Ordinance set for the 15"' day of May, 2007, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~ l Rod Slifer, Mayor Attest:; r / ~elej' Donaldson, own Clerk ~EAD AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ~ 5~~ day of) , 2007 , Rod Slifer, Mayo Attest orel~ Donaldson, Town Clerk I • a N ~ 1 ~ O ~ ~ ~ ~ n ~ ~ ~ N ~ r~ ,d b N 3 ~ ~ ~ ~ R ~ ~ cad i~+ ~ ~ cOd O F 7'' v O G O ~ ~ 0 ~ m ~ ~ D O ~ ~ y y p C ~ ~ CG ~ O ' u ~ ~J ~ ~ ~ o C a~i ~ Q ~ r ~ Y~ p O C O I~ Q ~ ~ ~ ~ ct5 E+'' ~ w O ~ ~ ^ ~ ~ ~ ~ ~ U y ~ y .0 cd T N 00 ~ ? ~ cC ~ ~ U ~ A y, .O N 7, C " G ~ Q' C 'vi .j ~ u ~ •G ~ O 3 ~ ~ o ~ ~ ~ o ~ ~ d~% a ,f- ~ co > ?n • r~ v a~ ~ ,.d ~ O p. ~ N ~ , r a~ Y3 a O Q+ I 3 ~ Q, d ~ N ~ o ~ O Q A ~ ~ r~» N ~ ~ G ~ w ~ ~ o ~ O a ~ '4 F ~ O .V-~ a~ O t~A N ~ ~ . r. I r1 ~ d ~ v td a to.. K ~cdn 3 ~ N U O W ~ i p~ G ~ d ~ ~ O N y ~ ~c~a ~7++ y ~ ~ 'D ~ A ~ ~ ~ ~ cod ~ ~ ~ rG~ O 0 0 P~ o v a c~ 7~ 3 3 c!, W W ~ ~ ~ ~U ~ ~ o ~ Y ~ ~ ~ ~ ~ U ~A y ~ a ENE VAIL DAILY 970.9.19 0555/vaildaily.r;om SaLrrday, May 5, 2007 - Patge Cal ORDINANCE NO. 11 3. Type II Employee Housing Unit (EHU) per Chapter 12-13. of the Series of 2007 Municipal Code. AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, D. Area D. Glen Lyon Commercial Site TO ALLOW FOR A NEW DEVELOPMENT AREA LOCATED AT TRACT K, GLEN LYON SUBDI- 1 Business and professional o0ices; VISION, AND SETTING FORTH DETAILS IN REGARD THERETO. 2. Employee dwelling as defined in Section 12-13 01 the Municipal Code. • WHEREAS. Section 12.9A-2 of the Vail Town Code permits major amendments to E. Area E, Tract K existing special development districts; and 1. Bicycle and pedestrian paths. 2. Interpretive naturo walks. WHEREAS, Vail Resorts has submittetl an applicaton for a major amendment to Special 3. Ne/uro preserves. Development Distnd No. 4; and Section 4. Special Development District No. 4, Ceacede Village, ie hereby amended WHEREAS, the Planning and Environmental Commission of the Town of Vail has recom- as follows: mended approval of this major amendment at its April 9, 2007 public hearng, and has submitted its (deletions are shown in strike through/additions are shown in bold italics) recommendation to the Town Council; and Conditional Uses WHEREAS, the Town Council considers it in the interest of the public health, safety, and Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 0l welfare to amend Special Development District No. 4. the Town of Vail Zoning Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF A. Area A, Cascade Village VAIL, COLORADO, THAT: t Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional tee ownership as defined in the Town of Vail Municipal Code, Section 1. Special Development DlstrlM No. 4, Cascade Village, Is hereby amended es Section follows: 12-2 shall t>B a conditional use for dwelling units in the Weslhaven multi family dwellings. Fractional fee ownership shall not be applied to restricted employee (deletions are shown in ~/additions are shown in bold italics) dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. , Established 3. Special attraction; 4. Ski bOs; A. Special Development District No. 4 is established for the development on a parcel of land 5. Public park and recreational facilities; comprising 97.955 acres as more particularly described in the atlached Exhibit A. Special 6. Major arcades with no frontage on any public way, street, walkway or Development District No. 4 and the 97.955 acres may be referred to as "SOD No. 4" mall area. B. Tha district shall consist of lour separate deveopment areas, as identified in this B. Area B, Coldstream Condominiums ordinance consisting of the following approximate sizes: 1. Public park and recreational facilities; 2. Ski lifts. Area Known As DBVeloRinanlArea Acreage C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Cascatle Village A 17.955 1. Public perk and recreational facilities; Coldstream Condominiums B 4.000 2. Ski IiOs; Glen Lyon Primary/Secondary end Single Family Lots C 9.100 D. Area D, Glen Lyon Commercial Site Glen Lyon Commercial Site D 1.600 1. Micro brewery as defined in Town of Vail Municipal code, Chapter 12-2. Tract K E 8.322 E. Arne E, Tract K Dedicated Open Space ~B:40B 32.078 1. Publle parka. Roads 4.744 2. Public Wiilty end publle service uses. TOTAL 97.955 3. Acems roads. 4. Skl Inks and town. 5. Skl trails. Section 2. Special Osvalopmant Dlatrlct No. 4, Cascade Vlliage„ Is hereby amended es 8. Snowmaking faellltles. follows: 7.Other uses customarily Incidantel end ac to . ..and condKional uses and ~ ry for the ollzarotlon Hereof, with the (deletions are shown in stdke Hrough/additions are shown in bold italics) elteaptlon of bullAlttgs. Development Plan -Required -Approval Procedure Section 5. Ii any part, section, subsection, sentence, douse w phrase of this ordinance is for any reason held to be invalid, such decision shell not e8ect the validly of the remaMirg Each development area with the exception of Development Areas A and D shall be portions of this ordinance; and the Town Council hereby declares it would have passed Mis subject to a single development plan. Development Area A shall be allowed to have two ortlinence, and each part, section, subsection, sentence, clause or phrase thereof, regardless of He development plans for the Cascade Club site as approved by the Town Council. The fact that any one or more pans, sections, subsections, sentences, clauses or phrases be declared • Waterford and Cornerstone sites shall be allowed one development plan each. invalid. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A develeprnent plan for Del tt Area E shell Section 6. The Town Council hereby finds, determines and declares that this ordinance be established through the review end approval of a design review application is necessary end proper for the health, safety and welfare of the Town of Vail and the inhabitants and/or condltlonal use permit application. The developer shall have the right to thereof. proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A of Section 7. The amendment of any provision of the Town Code as provided in this the Municipal Code. ordinance shall not affect any right which has aceruetl, any duty imposed, any violation ihel occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment cl any Section 3. Special Development DiatrlM No. 4, Ceseade Vlllege, Is hereby amendetl as provision hereby shall not revive any provision or any ordinance previously repealed or superseded follows: unless expressly stated herein. (deletions are shown ins'. - gh/additions are shown in bold Italics) Seetlon 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed Permitted Uses to revise any bylaw, order, resolution or ordinance, or part thereof, [heretofore repealed. A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B-3, INTRODUCED, READ ON FIRST READING. APPROVED, AND ORDERED PUBLISHED (Commercial Core 1), of the Municipal Code. The `first floor" or "street level" ONCE IN FULL ON FIRST READING this 1st day of May, 2007, and a public hearing for secontl shall be defined as that floor of the building that is located at grade or street reatling of His Ordinance set for the 15th day of May, 2007, in the Council Chambers of the Vail level; Municipal Building, Vail, Colorado. 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and o6ice except that no professional or business ollice shall be located on street level or first floor (as defined above) unless it is clearly acces soy to a lodge or educational institution except for an office space having a Rod Slifer, Mayor maximum square footage of 925 square feet located on the first floor on the Attest: northwest corner of the Plaza Conference Center building; 3. LOdge; _ 4. Multi family dwelling; Lorelei Donaldson, Town Clerk 5. Single Family dwelling; READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 6. Primary/Secondary dwelling; 7. Trerisient residential dwelling und; day of 2007 6. Employee dwelling as defined in Section 12-13 of me Municpal Code; 9. Cascade Club addition of a lap pool or gymnasium Rod Slifer, Mayor B. Area B, Coldstream Condominiums Attest: 1 Two family dwelling; 2. Multi famiy dwelling. _ Lorelei Donaldson, Town Clerk C. 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