HomeMy WebLinkAbout2008-05 Vail Cascade Subdivision, Cascade Village, Cornerstone SiteORDINANCE N0.5
SERIES OF 2008
AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 2008, IN ACCORDANCE
WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW
FORA MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL
CASCADE SUBDIVISION; AND TO AMEND AND RE-ESTABLISH THE APPROVED
DEVELOPMENT STANDARDS FOR AREA A, CASCADE VILLAGE; AND TO AMEND AND
RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN FOR THE CORNERSTONE SITE,
AREA A, CASCADE VILLAGE, TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE
DEVELOPMENT, LOCATED AT 1276 WESTHAVEN DRIVE; AND SETTING FORTH DETAILS
IN REGARD THERETO.
WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to
previously approved development plans for Special Development Districts; and
WHEREAS, Ordinance No. 10, Series of 2008, repealed and re-enacted Ordinance No.
31, Series of 2007, to amend and re-establish the approved development plan for Area A,
Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site",
located at 1300 Westhaven Drive, Cascade Village; and;
WHEREAS, the purpose of this ordinance is to amend Ordinance No. 10, Series of
2008, to amend and re-establish the development standards for Development Area A, Cascade
Village and to amend and re-establish the site specific development plan for the "Cornerstone
Site", within Development :Area j4,,; to allow for the construction of the proposed Cornerstone
Building; and
WHEREAS, to the extend that there are any previous site specific development plan
approvals or development standards established for the "Cornerstone Site", this ordinance is
intended to specifically supersede and otherwise cause any previous site specific development
plan approvals or development standards for the "Cornerstone Site" to become null and void;
and
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Ordinance No. 5, Series of 2008 -Second Reading
WHEREAS, any and all site specific development plans and development standards
approved and/or established for planning areas and sites within SDD No. 4, not specifically
affected by this ordinance, shall remain valid and in full effect; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the
Planning and Environmental Commission held a public hearing on the major amendment
application and has submitted its recommendation of approval to the Vail Town Council; and
WHEREAS, all notices as required by the Vail Town Code have been sent to the
appropriate parties; and
WHEREAS, on January 28, 2008, the Planning and Environmental Commission of the
Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval,
with conditions, for the proposed major amendments to Special Development District No. 4,
Cascade Village, to the Vail Town Council in accordance with the procedures and. criteria and
findings outlined in Title 12, Zoning Regulations, Vail Town Code; and,
WHEREAS, the Vail Town Council finds that the major amendment is consistent with
the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development objectives of the Town, based
upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the
Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1,
2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and,
WHEREAS, the Vail Town Council finds that the amendment does further the general
and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII
of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission,
and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council,
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Ordinance No. 5, Series of 2008 -Second Reading
and the evidence and testimony presented; and,
WHEREAS, the Vail Town Council finds that the major amendment promotes the health,
safety, morals, and general welfare of the Town, and promotes the coordinated and
harmonious development of the Town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential community of the highest
quality, based upon the review outlined in Section VIII of the Staff's January 28, 2008,
memorandum to the Planning and Environmental Commission, and as outlined in Section IV of
the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and
testimony presented.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Special Development District No. 4, Cascade Village is hereby amended as
follows:
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 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 and Environmental Commission, and
because there are significant aspects of the Special Development District which cannot be
satisfied through the imposition of standard zoning districts on the area.
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Ordinance No. 5, Series of 2008 -Second Reading
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 amulti-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 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 and Special Development District No. 4 and the
97.955 acres may be referred to as "SDD No. 4.~~
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Ordinance No. 5. Series of 2008 -Second Reading
B. The district shall consist of five separate development areas, as identified in this
ordinance consisting of the following approximate sizes:
Area Known As
Development
Area
Acreage
Cascade Village A
Coldstream Condominiums B
Glen Lyon Primary/Secondary and Single Family Lots C
Glen Lyon Commercial Site D
Tract K E
Dedicated Open Space
Roads
TOTAL
17.955
4.000
29.100
1.800
8.322
32.078
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
Liftside Condominiums Building and Cornerstone sites shall be allowed one
development plan each. Development Area D shall be allowed to develop per the
approved phasing plans as approved by the Town Council. A development plan for
Development Area E shall be established through the review and approval of a design
review application and/or conditional use permit application. The developer shall have
the right to proceed with the development plans or scenarios as defined in the
development statistics section of this ordinance. Amendments to SDD No. 4 shall
comply with Section 12-9A, Vail Town Code.
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-78-
3, (Commercial Core 1), Vail Town Code, except for in the Cascade
Residences building, where office uses shall be permitted on the first floor.
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Ordinance No. 5, Series of 2008 -Second Reading
The "first floor" or "street level" shall be defined as that floor of the building
that is located at grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, educational, and office except that no professional or
business office shall be located on street level or first floor, with the
exception noted above, unless it is clearly accessory to a lodge or
educational institution except for an office space having a maximum square
footage of 925 square feet located on the first floor on the northwest 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 Vail Town 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 Vail Town
Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Vail Town Code.
E. Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive nature walks.
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Ordinance No. 5, Series of 2008 -Second Reading
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16,
Conditional Use Pe rmits, Vail Town Code.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. Special attraction;
3. Ski lifts;
4. Public Park and recreational facilities;
5. Major arcades with no frontage on any public way, street, walkway or mall
area.
6. Transportation Business.
7. Temporary Use of the Tennis Facility for Conferences and Conventions
B. Area B, Coldstream Condominiums
1. Public Park 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 Chapter 12-2, Vail Town Code.
E. .Area E, Tract K
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
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Ordinance No. 5, Series of 2008 -Second Reading
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
Accessory Uses
A. Area A. Cascade Village
1. Minor arcade.
2. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code.
3. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
4. Other uses customarily incidental and accessory to permitted or 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, Vail Town
Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses. Other uses customarily incidental and
accessory to permitted or conditional uses, and necessary for the operation
thereof.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
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Ordinance No. 5, Series of 2008 -Second Reading
Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
D. Area D, Glen Lyon Commercial Site
1. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Title 12, Zoning Regulations, Vail Town
Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
3. Other uses customarily incidental and accessory to permitted or conditional
uses, and necessary for the operation thereof.
4. Minor arcade.
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 total of two hundred eighty eight (288) accommodation or transient
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Ordinance No. 5, Series of 2008 -Second Reading
dwelling units and a maximum of one hundred thirty one (131) dwelling units for a
total density of two hundred seventy five (275) 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 housing units (EHUs) as
defined within Chapter 12-13, Vail Town Code.
Density--Floor Area
A. Area A, Cascade Village
The gross residential floor area (GRFA) for all buildings shall not exceed 356,680
square feet.
B. Area B, Coldstream Condominiums
Sixty-five thousand square feet (65,000 sq. ft.) GRFA.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
GRFA shall . be calculated for each lot based on the Two-Family
Primary/Secondary Residential District, per Section 12-6D-8 Density Control, Vail
Town Code.
D. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Commercial Square Footage
A. Area A, Cascade Village
Area A shall not exceed 35,698 square feet of commercial area.
B. Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
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Ordinance No. 5, Series of 2008 -Second Reading
TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS
This table is a compilation of information from `Chart 1' and `Chart 2' in Ordinance No. 31,
Series of 2007, and `Table 1: Area A Parking & Development Statistics' in Ordinance No. 10,
Series of 2008.
Liftside Condos
(formerly Waterford) 29 48,600 2 56
Westhaven
Condominiums 13 32,000 29
Millrace
Phase I, II, IV 39 47,984 64
The Cascades
(formerly Millrace III) 6 11,987 12
Cascade
Residences
a roved 22 47,151 13 16
Blue Tiger 1,600 13.3
Office/Retail 5,061 16.3
Cascade Hotel 148 55,457 115
Chaps Restaurant 4,735 39.5
Hotel Cafe 2,160 18
Pepi Sports 2,491 8
Fireside Bar 1,800 15
Terrace Rooms 120 58,069 105
Terrace Retail 5,856 20
Plaza Rooms 20 7,205 16
Plaza Retail 2,024 7
Plaza Conference 8,297 35
Fitness Club 5,886 30
Cornerstone 22 0 48,407 4 623 56 0
Total 131 288 356,860 6 40,533 230 454.1
Multiple Use Credit (1 0% of required ) -45.4
Total Required Parking in Cascade Structure 408.7
Total Parking Spaces Provided in Parking Structure 421
Total Surplus Parking Spaces in Parking Structure 12.3
*GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #4.
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Ordinance No. 5, Series of 2008 -Second Reading
Development Plans
Area A, Cascade Village
Site specific development plans are approved for Area A. The following documents comprise
the development plan for the SDD as a whole, Liftside Condomiums Building (formerly known
as Waterford), Cascade Residences (formerly known as the "CMC Building"), Cornerstone,
Cascade Club Addition Scenario 1 and 2, and Millrace IV:
1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson.
2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt,
Schultz.
3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt,
Schultz.
4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey,
Pratt, Schultz.
5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey,
Pratt, Schultz.
6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey,
Pratt, Schultz.
7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey,
Pratt, Schultz.
8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt,
Schultz.
9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt,
Schultz.
10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt,
Schultz.
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,
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Ordinance No. 5, Series of 2008 -Second Reading
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 Ptan, Roma, 10/10/88.
24. Cascade Club Floor Plan, Roma, 10/10/88.
25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden.
26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence,
Steven James Riden.
27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence,
Steven James Riden.
28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building,
Steven James Riden.
29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building,
Steven James Riden.
30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden.
31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt,
10/28/91.
32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt,
10/22/91.
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
Ordinance No. 5, Series of 2008 -Second Reading
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Associates.
35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped.
36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner,
6/8/87.
37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88.
38. Cascade Village Special Development District Amendment and Environmental
Impact Report: Peter Jamar Associates, Inc., revised 11/22/88.
39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94.
40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92.
41. The Approved Development Plan for Area A, Westhaven Condominiums,
containing the following Sheets:
wg. # itle uthor ate
-1.0 itle Sheet orter Architects 3-15-OS
-1.1 icinity Map orter Architects 1-31-OS
-1.2 RFA Summary orter Architects 3-15-OS
-1.3 Spring Equinox Sun Shading orter Architects 1-31-OS
-1.4 Summer Solstice Sun Shading orter Architects 1-31-OS
-1.5 all Equinox Sun Shading orter Architects 1-31-OS
-1.6 inter Solstice Sun Shading orter Architects 1-31-OS
-1.7 Site Plan orter Architects 3-15-OS
001 over Sheet pine Engineering 3-14-OS
002 rading Plan (West Half) pine Engineering 3-14-OS
003 rading Plan (East Half) pine Engineering 3-14-OS
004 Storm Drainage Plan pine Engineering 3-14-OS
005 rading and Drainage Details lpine Engineering 3-14-05
006 tility Plan pine Engineering 3-14-OS
007 tility Details pine Engineering 3-14-OS
008 emolition Plan pine Engineering 3-14-OS
-1 andscape Plan ennis Anderson Assoc. 3-15-OS
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Ordinance No. 5, Series of 2008 -Second Reading
-2 andscape Plan -Cascade Club ennis Anderson Assoc. 3-15-OS
.0 arlting Level Plan orter Architects 3-15-OS
.1 first Floor Plan orter Architects 3-15-OS
.2 Second Level Plan orter Architects 3-15-OS
.3 bird Level Plan orter Architects 3-15-OS
.4 ourth Level Plan orter Architects 3-15-OS
.5 oof Plan orter Architects 3-15-OS
3.1 uilding A Elevations orter Architects 3-15-OS
3.2 uilding B Elevations orter Architects 3-15-OS
4.0 uilding Sections orter Architects 2-14-OS
4.1 uilding Sections orter Architects 2-14-OS
4.2 uilding Sections orter Architects 2-14-OS
42. Approved Development Plan for Area A, Cascade Residences, containing the following
sheets:
wg. # itle uthor ate
-2.20 Second Floor Plan Architects 1-28-07
-2.30 bird Floor Plan Architects 1-28-07
-2.40 ourth Floor Plan Architects 1-28-07
-2.50 fifth Floor Plan Architects 1-28-07
-3.10 ast and North Building Elevations Architects 1-28-07
-3.20 est and South Building Elevations Architects 1-28-07
43. Approved Development Plan for Area A, Cornerstone Site, containing the following
sheets:
wg. # itle uthor ate
1 andscape Plan ennis Anderson 6-20-08
S 1 Schematic Bus Turnaround pine Engineering 6-03-08
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Ordinance No. 5, Series of 2008 -Second Reading
-2.OOa Site Plan PSL Architects, P.C. 6-12-08
-2.OOb Stie Plan PSL Architects, P.C. 6-12-08
-2.01 ower Level Parking PSL Architects, P.C. 6-12-08
-2.02 pper Level Parking -Plaza Level PSL Architects, P.C. 6-12-08
-2.03 esthaven Drive Ground Level PSL Architects, P.C. 6-12-08
-2.04 esthaven Drive Level One PSL Architects, P.C. 6-12-08
-2.05 evel Two PSL Architects, P.C. 6-12-08
-2.06 evel Three PSL Architects, P.C. 6-12-08
-2.07 evel Four PSL Architects, P.C. 6-12-08
-2.08 evel Five PSL Architects, P.C. 6-12-08
-2.09 evel Five Loft PSL Architects, P.C. 6-12-08
-2.10 oof Plan PSL Architects, P.C. 6-12-08
-3.10 levation: West @ Loft Side PSL Architects, P.C. 6-12-08
-3.20 levation: East @ Cascade PSL Architects, P.C. 6-12-08
-3.30 levation: North and South PSL Architects, P.C. 6-12-08
-3.40 levation/Section: East @ Liftside PSL Architects, P.C. 6-12-08
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
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Ordinance No. 5, Series of 2008 -Second Reading
the approved development plan adopted by the Town Council.
Setbacks
A. Area A, Cascade Village
Required setbacks shall be as indicated in each development plan with a
minimum setback on the periphery of the property (Area A) of not less than
twenty feet, with the exception that the setback requirement adjacent to the
existing Cascade parking structure/athletic club building shall be two feet as
approved on February 8, 1982, by the Planning and Environmental Commission,
and with the exception that the setback requirement of a portion of the
Westhaven Condominiums building, as indicated on the approved development
plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a
50 foot stream setback from the centerline of Gore Creek. The Liftside
Condominiums 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 based on the Two-Family Primary/Seconday
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 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
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Ordinance No. 5, Series of 2008 -Second Reading
construction. At-grade patios (those within 5' of existing or
finished grade) will be permitted to project beyond the building
envelopes not more than ten feet (10') nor more than one-half
(1/2) the distance between the building envelope and the
property line, or may project not more than five feet (5') nor
more than one-fourth (1/4) the minimum required dimension
between buildings.
D. Area D. Glen Lyon Commercial Site
Required setbacks shall be as indicated on the approved development plans.
Height
A. For the purposes of SDD No. 4 calculations of height, height shall mean the
distance measured vertically from the existing grade or finished grade
(whichever is more restrictive), at any given point to the top of a flat roof, or
mansard roof, or to the highest ridge line of a sloping roof unless otherwise
specified in approved development plan drawings.
B. Area A, Cascade Village
1. The maximum height for the Westin Hotel, CMC Learning Center,
Terrace Wing, Plaza Conference Building and Cascade Parking
Structure/Athletic Club is 71 feet.
2. Cornerstone Building: Maximum height of 71 feet.
3. Liftside Condominiums Building: Maximum height of feet as measured
from finished grade to any portion of the roof along the north elevation
shall be 55' (South Frontage Road), 56' along the west elevation
Westhaven Drive, and 65 feet along the south and east elevation as
measured from finished grade.
4. Westhaven Building: A maximum of 55 feet.
5. Millrace III: A maximum of 36 feet.
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Ordinance No. 5, Series of 2008 -Second Reading
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.
Site Coverage
Area A: Not more than 45% of the total site area may be covered by buildings
unless otherwise indicated on the site specific development plans.
Area B: No more than 35% of the total site area shall be covered by buildings,
provided, if any portion of the area is developed as an institutional or
educational center, 45% of the area may be covered unless otherwise
indicated on the site specific development plans.
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Ordinance No. 5, Series of 2008 -Second Reading
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, Vail Town 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 (50%), 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,
Vail Town Code, 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 and the Westhaven Condominiums, where 66.6%
and 71 %, respectively, of required parking shall be enclosed in a building.
2. There shall be a total of 421 spaces in the main Cascade Club parking
structure. A 17.5 percent mixed-use credit per the Town of Vail parking
code, has been applied to the total number of required parking spaces in
the Cascade structure.
3. There shall be a total of 58 on-site parking spaces on the Liftside
Condominiums Building site with a minimum of 75% of the required
space located below grade. No mixed use credit shall be applied to this
site.
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Ordinance No. 5, Series of 2008 -Second Reading
4. There shall be a minimum of 56 enclosed parking spaces located within
the Cornerstone building. No mixed use credit has been applied to this
lot.
5. The third floor of the Cascade parking structure shall not be used to meet
any parking requirements for accommodation units, transient residential
dwelling units, employee dwelling units or dwelling units.
6. Phasing: All required parking for Cornerstone and Liftside
Condominiums Building shall be located on their respective sites. All
required parking for the Cascade Club Wellness Center Addition
Scenario 1 shall be provided in the Cascade parking structure.
7. Seventy-five percent of the required parking shall be located within the
main building or buildings and hidden from public view from adjoining
properties within a landscaped berm for Millrace III.
8. All loading and delivery shall be located within buildings or as approved in
the development plan.
B. Area B. Coldstream Condominiums
Fifty percent of the required parking shall be located within the main building or
buildings and hidden from public view from adjoining properties within a
landscaped berm.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
Off-street parking shall be provided in accordance with Chapter 12-10 of the
Municipal Code.
D. Area D, Glen Lyon Commercial Site
1. Once the parking structure is constructed, the parking and access to
Area D shall be managed per the TDA Parking Report, Parking
Management Section, pages 6 and 7, August 10, 1988, and TDA Report,
Vail Brewery Parking Analysis Update, dated January 16, 1990, both
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Ordinance No. 5, Series of 2008 -Second Reading
written by Mr. David Leahy.
2. No loading or delivery of goods shall be allowed on the public right-of-way
along the South Frontage Road adjacent to the Area D development.
3. The owner of the property and brewery management shall prohibit
semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The
only truck loading that shall be allowed to the site shall be vans 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 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 Vail Town Code
as amended.
D. If fireplaces are provided within the development, they must be heat efficient
through the use of glass enclosures and heat circulating devices as technology
exists at the time of development.
E. All water features within Development Area A shall have overflow storm drains
per the recommendation of the Environmental Impact Report by Jamar
Associates on Page 34.
F. All parking structures shall have pollution control devices to prevent oil and dirt
22
Ordinance No. 5, Series of 2008 -Second Reading
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 of the Westhaven Condominiums building shall construct
a sidewalk that begins at the entrance to the Cascade Club along
Westhaven Drive and extends to the west in front of the Westhaven
building to connect with the recreational path to Donovan Park, as
indicated on the approved development plans referenced in this
ordinance. The walk shall be constructed when a building permit is
requested for the Westhaven Condominiums. The sidewalk shall be part
of the building permit plans. The sidewalk shall be constructed
subsequent to the issuance of a building permit and prior to the issuance
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Ordinance No. 5, Series of 2008 -Second Reading
of a temporary certificate of occupancy for the 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.
C. Area D, Glen Lyon Commercial Site.
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
Employee Housing
The development of SDD No. 4 will have impacts on available employee housing within
the Upper Eagle Valley area. In order to help meet this additional employee housing
need, the developer(s) of Areas A and D shall provide employee housing. In Area D,
the above referenced employee housing requirement shall be provided on site. For the
Westhaven Condominiums site, the employee housing requirement shall be met as set
forth in Condition 3, as set forth in Ordinance No. 12, Series of 2005. There shall be a
total of 2 employee dwelling units in the Liftside Condominiums Building. One shall be a
minimum of 300 square feet and the other a minimum of 800 square feet. The
developer of the Westhaven Condominiums building shall provide 4,400 square feet of
employee housing pursuant to the terms of an agreement reached with the Town of Vail
as described in Condition 3, as set forth in Ordinance No. 12, Series of 2005.
The developer of Area D shall build 2 employee dwelling units in the Area D east
building per the approved plan for the East Building. In Area D one employee dwelling
unit shall have a minimum GRFA of 795 square feet and the second employee dwelling
unit shall have a minimum GRFA of 900 square feet. The GRFA and number of
employee units shall not be counted toward allowable density or GRFA for SDD No. 4.
All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of
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Ordinance No. 5, Series of 2008 -Second Reading
the Vail Town Code prior to issuance of building permits for the respective project.
In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing
Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on
each lot. These lots 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 is
allowed to remain (no increase in driveway width is required) for all allowed/required
dwelling units and employee housing units on these lots.
Time Requirements
SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town
of Vail Town Code, unless such time requirement is amended herein.
Section 2. Special Development District No. 4
Special Development District No. 4 and the development plans for all sites other than the
development plan for the Cornerstone Site, hereby remain approved for the development of
Special Development District No. 4 within the Town of Vail, unless they have otherwise expired.
Section 3. Conditions of Approval for the Cornerstone Site Development Plan
The following conditions of approval are herein made part of this amending ordinance and
shall specifically and exclusively apply or pertain to the site specific development plans approved
and referenced herein for the Cornerstone Site:
1. That the Developer revise the approved plans for the Cornerstone Building, prior
to or concurrent with any submittal for design review, to ensure that each
employee housing unit also include provisions for no less than one-hundred
(100) square feet of storage, per unit, on-site and within the structure;
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Ordinance No. 5, Series of 2008 -Second Reading
2. That the Developer obtains final review and approval of the proposed
development plan by the Town of Vail for Review Board, prior to making an
application for the issuance of a building permit.
3. That the Developer pays in full the employee housing mitigation fee of
$691,476.44 or otherwise complies with the Vail Town Code with regard to the
required mitigation, in a manner acceptable to the Town of Vail, using any one or
a combination of the permitted mitigation methods, pursuant to Section 12-23-
6B, and Section 12-24-6B, Vail Town Code, prior to the issuance of a building
permit.
4. That the Developer submits a complete set of civil engineered drawings of the
Approved Development Plans, including the following required off-site
improvements;
a. Design and Construct Westhaven Drive entrance improvements including;
additional turn lanes and adequate queuing areas, landscaped and
irrigated medians, (6') sidewalk connections from the proposed skier
portal to the Frontage Road on both sides of Westhaven Drive, a bus
turnaround and bus stop meeting Town of Vail and ECO standards, 3
skier drop-off spaces, landscaping and adequate snow storage areas as
approved by the Public Works Department.
b. Design and Construct A 10' concrete walk along the South Frontage
Road from the western most point of the Cascade Parking/Conference
building to a point in front of the Liftside Condominiums, approximately
680' in length (including crosswalk). The walk shall be detached
wherever feasible and separated by a minimum of a 5' landscaped and
irrigated buffer.
Such drawings/plans shall be submitted to the Town of Vail Community
Development Department for review and shall receive approval prior to the
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Ordinance No. 5, Series of 2008 -Second Reading
Developer making application for the issuance of a building permit.
5. That the Developer shall address and resolve, to the satisfaction of the Town
Engineer, all the comments and conditions identified in the memorandum from
the Town Engineer, and addressed to Scot Hunn, dated January 25, 2008, on
any civil engineered plans submitted in conjunction with building permits.
6. That the Developer pays in full, the Traffic Impact Fee of $117,000 (based on the
18 net pm peak hour trips) prior to the issuance of a building permit. All or a
portion of the fee may be offset by specific capacity improvements including the
cost of the design and construction of the left turn lane on Westhaven Drive.
7. That the Developer prepares a Cornerstone Building Art in Public Places Plan,
for input and comment by the Town of Vail Art in Public Places Board, prior to
the request for a temporary certificate of occupancy. Subject to the above input
and comment by the Art in Public Places Board, the Applicant will work with
Town Staff to determine the type and location of the art to be provided. Said Plan
shall include the funding, up to 50 000, for one (1) public art improvement to be
developed in conjunction with the Cornerstone Building project.
8. That the Developer provides the legally executed and duly recorded Type VII
deed restriction with the Eagle County Clerk & Recorder's Office in a form
approved by the Town Attorney for the four (4) on-site employee housing units,
and that said units shall be made available for occupancy, prior to the issuance
of a temporary certificate of occupancy for the Cornerstone Building project.
9. That the Developer integrate sustainable and/or energy efficient technologies
such as geothermal or ground source heating, active solar and high efficiency
heating and cooling systems and equipment in any further design and
construction specifications, to be approved by the Town prior to installation, for
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Ordinance No. 5, Series of 2008 -Second Reading
all portions of the heated bus turn-around and skier drop-off areas identified on
the plans labeled "Cornerstone Schematic Bus Turnaround" by Alpine
Engineering, dated June, 3, 2008;
10. That the Developer submit a master sign program for design review for those
areas along Westhaven Drive and near the intersection of Westhaven Drive and
South Frontage Road, specifically for the purpose of directing skier parking
within the Cascade Resort parking structure and reducing, to the extent possible,
the amount of vehicles parked on South Frontage Road;
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 5. 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 6. 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 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
28
Ordinance No. 5, Series of 2008 -Second Reading
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of July, 2008, and a public
hearing for second reading of this Ordinance set for the 15th day of July, 2008, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard D. Cleve an ,Mayor
ATTEST: ,
Town Clerk '
~~~ j
._
INTRODUCED, READ, ADOPTE'l~'~IQD ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 15th day of July, 2008.
D. lev a d, a or
ATTEST:
J : O • ~:.
Donaldson, Town Clerk ~ : ~~
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Ordinance No. 5, Series of 2008 -Second Reading