HomeMy WebLinkAbout2008-10 an Ordinance Repealing and Re-Enacting Ordinance No. 31, Series of 2007; Cascade Village ORDINANCE NO. 10
SERIES OF 2008
AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 31, SERIES OF 2007,
CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED
DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH
SECTION 12-9A-10 AMENDMENT PROCEDURES, VAIL TOWN CODE,
TO ALLOW FOR THE CONSTRUCTION OF
TWO ADDITIONS (DECK ENCLOSURES) TO THE SOUTH SIDE OF VAIL CASCADE
HOTEL, LOCATED AT 1300 WESTHAVEN DRIVE/CASCADE VILLAGE SUBDIVISION;
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, the purpose of this ordinance is to amend and re-establish Ordinance No.
31, Series of 2007, to amend the Development Plan for Development Area A, specifically the
"Cascade Hotel and Chaps Restaurant", to allow for the construction of the proposed additions
(deck enclosures); 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
Vail Comprehensive Plan; 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
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Oniinance No. 10, Series of 2008
WHEREAS, the Vail Town Council considers it in the best interest of the public health,
safety, and welfare to amend 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. Purpose of the Ordinance
Ordinance No. 31, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 10,
Series of 2008.
Section 2. Amendment Procedures Fulfilled, Planning Commission Report.
The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled,
and the Town Council has received the recommendations of the Planning and Environmental
Commission for an amendment to the Development Plan for Special Development District No. 4,
Area A.
Section 3. Special Development District No. 4
Special Development District No. 4 and the development plans for all sites, hereby remain
approved for 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
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Ordinance No. 10, Series of 2008
Special Development District Nb. 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.
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
pertorming 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
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Ordinance No. 10, Series of 2008
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.~~
B. The district shall consist of four separate development areas, as identified in this
ordinance consisting of the following approximate sizes:
Area Known As Development Area Acreage
Cascade Village A 17.955
Coldstream Condominiums B 4.000
Glen Lyon Primary/Secondary and Single Family Lots C 9.100
Glen Lyon Commercial Site D 1.800
Tract K E 8.322
Dedicated Open Space 32.078
Roads 4.700
TOTAL 97.955
Development Plan--Required--Approval Procedure
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Ordinance No. 10, Series of 2008
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, Vail Town
Code.
Permitted Uses
A. Area A. Cascade Village
1. First floor commercial uses shall be limited to uses listed in Section 12-76-
3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and
educational uses shall be permitted on the first floor. The "first floor" or "street level" shall
be defined as that floor of the building that is located at grade or street level;
2. All other floor levels besides first floor street level may include retail,
theater, restaurant, educational, and office except that no professional or business office
shall be located on street level or first floor, with the exception noted above, unless it is
clearly accessory to a lodge or educational institution except for an office space having a
maximum square footage of 925 square feet located on the first floor on the northwest
comer of the Plaza Conference Center building;
3. Lodge;
4. Multi-family dwelling;
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Ordinance No. 10, Series of 2008
5. Single Family dwelling;
6. Primary/Secondary dwelling;
7. Transient residential dwelling unit;
8. Employee dwelling as defined in Section 12-13 of the Municipal Code;
9. Cascade Club addition of a lap pool or gymnasium.
B. Area B, Coldstream Condominiums
1. Two-family dwelling;
2. Multi-family dwelling.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
1. Single family dwelling;
2. Two-family dwelling.
3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal
Code.
D. Area D. Glen Lyon Commercial Site
1. Business and professional offices;
2. Employee dwelling as defined in Section 12-13 of the Municipal Code.
E. Area E, Tract K
1. Bicycle and pedestrian paths.
2. Interpretive nature walks.
3. Nature preserves.
4. Passive outdoor recreation areas and open spaces.
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Ordinance No. 10, Series of 2008
Conditional Uses
Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the
Town of Vail Zoning Regulations.
A. Area A, Cascade Village
1. Cascade Club addition of a wellness center not to exceed 4,500 square
feet.
2. 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 Town of Vail Municipal code, Chapter 12-2.
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Ordinance No. 10, Series of 2008
E. Area E, Tract K
1. Public parks.
2. Public utility and public service uses.
3. Access roads.
4. Ski lifts and tows.
5. Ski trails.
6. Snowmaking facilities.
7. Other uses customarily incidental and accessory to permitted and
conditional uses and necessary for the operation thereof, with the
exception of buildings.
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Oniinance No. 10, Series of 2008
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 Code.
2. Attached garages or carports, private greenhouses, swimming pools,
tennis courts, patios, or other recreational facilities customarily incidental to
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Ordinance No. 10, Series of 2008
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
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Ordinance No. 10, Series of 2008
The number of dwelling units shall not exceed the following:
A. Area A, Cascade Village
In Area A, a minimum of three hundred fifty-two (352) accommodation or transient
dwelling units and a maximum of one hundred one (101) 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 Lyon Primary/Secondary and Single-Family Lots
One-hundred four (104) dwelling units.
D. Area D, Glen Lyon Commercial Site
Three dwelling units, two of which shall be employee dwelling units as defined
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 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
Primary/Secondary district of the Vail Town Code.
D. Area D, Glen Lyon Commercial Site
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Ordinance No. 10, Series of 2008
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. 10, Series of 2008
TABLE 1: AREA A PARKING 8 DEVELOPMENT STATISTICS
This table is a compilation of information from `Chart 1' and `Chart 2' in Ordinance No 31,
Series of 2007 and the best available information found at the time including floor plans
and Staff memorandums.
Uas Accommodation Dwe111'1Y0 GRFA (square feet) Commerciale Parklny Provided
Units Units Square Feet (On•aiM~
Millrace 39 54,434 ~ - 64
Liftslde (Waterford) 29 + 2 EHU's 47,500 + 1,100 EHU's 56
Cascades 6 12
Westhaven 13 32,000 29
Condominiums
Cascade Residences 11 13
Total On-slte* 174
Use Accommodation Qwelling GRFA (square feet} Commercial ParlrlnQ Re~trlrerlte~rt
Units Unlta I Square Feet
Cascade Hotel 148 55,457 115
Chap's Restaurant 4,735 39
Hotel Cafi 2,160 18
Pepi Sports 2,491 8
Fireside Bar 1,800 15
Blue Tiger 1,600 13
Terrace Rooms 120 58,069 105
Terrace Retail 5,856 20
Plaza Rooms 20 7,205 16
Plaza Retail 2,024 7
Plaza Conference 35
Fitness Club 5,886 30
Total Parking Requirement for Uses Listed Above 421
-Multiple use credit (10%) (421 x .10 = 42) - 42 = 379
Total Parking Spaces Provided in Parking Structure 421
Total Extra Parking Spaces In Parking Structure 42
* On-site means the parking Is provided within the building or near the use and NOT provided in the parking structure.
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Ordinance No. 10, Series of 2008
Development Plans
Site specific development plans are approved for Area A and Area D. The development
plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and
other developers. The development plans for Area D are comprised of those plans
submitted by the Glen Lyon Office Building, a Colorado Partnership. The following
documents comprise the development plan for the SDD as a whole, Waterford,
Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen
Lyon Commercial Site and is not all inclusive:
1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson.
2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt,
Schultz.
3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt,
Schultz.
4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 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,
17
Ordnance No. 10, Series of 2008
Schultz.
13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz.
14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz.
15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz.
16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz.
18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz.
22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz.
23. Cascade Club Addition Site Plan, Roma, 10/10/88.
24. Cascade Club Floor Plan, Roma, 10/10/88.
25. Millrace III, Sheet #1, dated 5/6/93, 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
18
Ordinance No. 10, Series of 2008
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:
~Dwg. # itle uthor ate
IA-1.0 itle Sheet orter Architects 3-15-OS
IA-1.1 icinity Map ~Vtorter Architects 1-31-OS l
-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
-1.6 inter Solstice Sun Shading orter Architects 1-31-OS
IA-1.7 Site Plan orter Architects 3-15-OS
0001 over Sheet pine Engineering 3-14-OS
10002 rading Plan (West Half) pine Engineering 3-14-OS
10003 rading Plan (East Halfl pine Engineering 3-14-OS
10004 Storm Drainage Plan pine Engineering 3-14-OS
0005 rading and Drainage Details pine Engineering 3-14-OS
10006 tility Plan pine Engineering 3-14-OS
10007 tility Details pine Engineering 3-14-05 1
10008 emolition Plan pine Engineering 3-14-OS
~,-1 andscape Plan ennis Anderson Assoc. 3-15-OS
19
Ordinance No. 10, Series of 2008
~,-2 andscape Plan -Cascade Club ennis Anderson Assoc. 3-15-OS
(A2.0 arlcing 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 l
.4 ourth Level Plan orter Architects 3-15-OS
.5 oof Plan orter Architects 3-15-OS
.1 uilding A Elevations orter Architects 3-15-OS
~A3.2 uilding B Elevations orter Architects 3-15-OS
IA4.0 uilding Sections orter Architects 2-14-OS
IA4.1 uilding Sections orter Architects 2-14-OS l
A4.2 uilding Sections orter Architects p2-14-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
f --2.30 ' d Floor Plan Architects 1-28-07
f --2.40 ourth Floor Plan Architects 1-28-07
f --2.50 fifth Floor Plan Architects 1-28-07
f --3.10 ast and North Building Elevations Architects 1-28-07
~A-3.20 est and South Building Elevations Architects 1-28-07
* A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be
added to the Waterford project to allow for compliance with the Uniform Building Code,
Uniform Fire Code and American Disabilities Act. The staff shall review all such
additions to ensure that they are required by such codes.
43. Approved Development Plans for Area A, Cascade Hotel, including 2
additions (deck enclosures) to the south side of the Hotel, specifically
Chap's Restaurant and Hotel Library, containing the following sheets:
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Ordinance No. 10, Series of 2008
Dwg. # Title Author Date
-1 Site Plan G Johnson 03/26/08
rchitects
~A-2 Entry Level -Overall Key Plan G Johnson 03/26/08
rchitects
~A-3 Enclosed West Deck Upper Level G Johnson 03/26/08
rchitects
~A-4 Enclosed East Deck G Johnson 03/26/08
rchitects
-5 ddition Roof Plans G Johnson 03/26/08
rchitects
-6 ddition Elevations G Johnson 03/208
rchitects
-7 Sections and Perspective G Johnson 03/26?08
rchitects
~A-8 Perspective and Elevation G Johnson 03/26?08
rchitects
Area C, Glen Lyon Primary/Secondary and Single Family Lots
1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design
Workshop, Inc., dated 11-9-98.
Area D, Glen Lyon Commercial Site
The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for
previous requirements.
Development Standards
The development standards set out herein are approved by the Town Council. These
standards shall be incorporated into the approved development plan pertinent to each
development area to protect the integrity of the development of SDD No. 4. They are minimum
development standards and shall apply unless more restrictive standards are incorporated in
the approved development plan which is adopted by the Town Council.
Setbacks
A. Area A, Cascade Village
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Ordinance No. 10, Series of 2008
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 Gore Creek. The Waterford
building shall maintain a minimum 20 foot setback from the north edge of the
recreational path along Gore Creek.
B. Area B, Coldstream Condominiums
Required setbacks shall be as indicated on the development plan.
C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots
Required setbacks shall be governed by Section 12-6D-7 of the
Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and
39-2, development shall occur per the approved building envelopes and is subject to the
following:
All future development will be restricted to the area within the building envelopes.
The only development permitted outside the building envelopes shall be
landscaping, driveways (access bridge) and retaining walls associated with
driveway construction. At-grade patios (those within 5' of existing or finished
grade) will be permitted to project beyond the building envelopes not more than
ten feet (10') nor more than one-half (2) the distance between the building
envelope and the property line, or may project not more than five feet (5') nor
more than one-fourth (3) the minimum required dimension between buildings.
D. Area D. Glen Lyon Commercial Site
Required setbacks shall be as indicated on the approved development plans.
Height
A. For the purposes of SDD No. 4 calculations of height, height shall mean the
22
Ordinance No. 10, Series of 2008
distance measured vertically from the existing grade or finished grade (whichever is
more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the
highest ridge line of a sloping roof unless otherwise specified in approved development
plan drawings.
B. Area A, Cascade Village
1. The maximum height for the Westin Hotel, CMC Learning Center,
Terrace Wing, Plaza Conference Building and Cascade Parking
Structure/Athletic Club is 71 feet. '
2. Cornerstone Building: Maximum height of 71 feet.
3. Waterford Building: Maximum height of feet as measured from finished
grade to any portion of the roof along the north elevation shall be 55' (South
Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet
along the south and east elevation as measured from finished grade.
4. Westhaven Building: A maximum of 55 feet.
5. Millrace III: A maximum of 36 feet.
6. Millrace IV: A maximum of 36 feet.
7. Cascade Club Addition: A maximum of 26 feet.
8. Cascade Entry Tower: A maximum of 36 feet.
9. The remainder of buildings in Area A shall have a maximum height of 48
feet.
C. Area B. Coldstream Condominiums
The maximum height shall be 48 feet.
D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots
The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or
mansard roof.
E. Area D. Glen Lyon Commercial Site
51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area
shall have a height under 32 feet. On the perimeter of the building for Area D, height is
measured from finished grade up to any point of the roof. On the interior area of any
building, height is measured from existing grade up to the highest point of the roof.
23
Ordinance No. 10, Series of 2008
Development plan drawings shall constitute the height allowances for Area D.
Site Coverage
Area A: Not more than 45% of the total site area may be covered by buildings
unless otherwise indicated on the site specific development plans.
Area B: No more than 35% of the total site area shall be covered by buildings,
provided, if any portion of the area is developed as an institutional or
educational center, 45% of the area may be covered unless otherwise
indicated on the site specific development plans.
Area C: No more than 25% of the total site area shall be covered by buildings,
unless the more restrictive standards of Chapter 12-21 of the Vail
Municipal Code apply.
Area D: No more than 37% of the total site area shall be covered by buildings and
the parking structure.
Landscaping
At least the following percentages of the total development area shall be landscaped as
provided in the development plan. This shall include retention of natural landscape, if
appropriate. Areas A and B, fifty percent (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, where 66.6% and the Westhaven Condominiums, where 71 % of
required parking shall be enclosed in a building.
2. There shall be a total of 421 spaces in the main Cascade Club parking
24
Ordinance No. 10, Series of 2008
structure. A=f'.a perse~t-~+~ed ~=8-si`ed+~pcr tt: '1 p3r!4~g-cede;
i=ra~ been arMe-tstsl n~er--s€-Feq~+r~e~ rark+ag spasac ir, the-~ arcade
3. There shall be a total of 58 on-site parking spaces on the Waterford
building site with a minimum of 75% of the required space located below grade.
No mixed use credit shall be applied to this site.
4. There shall be a minimum of 93 enclosed parking spaces located within
the Cornerstone building with 37 of the required spaces available to the public for
short-term parking. No mixed use credit has been applied to this lot.
5. The third floor of the Cascade parking structure shall not be used to meet
any parking requirements for accommodation units, transient residential dwelling
units, employee dwelling units or dwelling units.
6. Phasing: All required parking for Cornerstone and Waterford shall be
located on their respective sites. All required parking for the Cascade Club
Wellness Center Addition Scenario 1 shall be provided in the Cascade parking
structure.
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.
25
Ordinance No. 10, Series of 2008
D. Area D, Glen Lyon Commercial Site
1. Once the parking structure is constructed, the parking and access to
Area D shall be managed per the TDA Parking Report, Parking Management
Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking
Analysis Update, dated January 16, 1990, both written by Mr. David Leahy.
2. No loading or delivery of goods shall be allowed on the public right-of-way
along the South Frontage Road adjacent to the Area D development.
3. The owner of the property and brewery management shall prohibit
semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only
truck loading that shall be allowed to the site shall be vans 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 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.
26
Ordinance No. 10, Series of 2008
E. All water features within Development Area A shall have overflow storm drains
per the recommendation of the Environmental Impact Report by Jamar Associates on
Page 34.
F. All parking structures shall have pollution control devices to prevent oil and dirt
from draining into Gore Creek.
G. In Area D, a manhole on the brewery service line shall be provided so that the
Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength.
H. In Area D, the brewery management shall not operate the brewery process
during temperature inversions. It shall be the brewery owner's responsibility to monitor
inversions.
I. All trash compactors and trash storage areas shall be completely enclosed within
Special Development District 4.
J. Protective measures shall be used during construction to prevent soil erosion
into Gore Creek, particularly when construction occurs in Areas A and D.
K. The two employee dwelling units in Area D shall only be allowed to have gas
fireplaces that meet the Town of Vail ordinances governing fireplaces.
Additional Amenities and Approval Agreements for Special Development
District No. 4.
A. The developer shall provide or work with the Town to provide adequate private
transportation services to the owners and guests so as to transport them from
the development to the Village Core area and Lionshead area as outlined in the
approved development plan.
B. Area A, Cascade Village
1. The developer 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
27
Oniinance No. 10, Series of 2008
when a building permit is requested for the Westhaven Condominiums. The
sidewalk shall be part of the building permit plans. The sidewalk shall be
constructed subsequent to the issuance of a building permit and prior to the
issuance of a temporary certificate of occupancy for the Westhaven
Condominiums.
2. The developer shall provide 100-year floodplain information for the area
adjacent to the Waterford and Cornerstone buildings to the Town of Vail
Community Development Department before building permits are released for
either project.
3. Cornerstone
The development plan for this area has expired. See Ordinance No. 8, Series of
1998 for previous requirements.
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 herein. The developer(s) of Area A shall build a minimum of 3
employee dwelling units within the Cornerstone Building and 2 within the Liftside
(Waterford Building). Each employee unit in the Cornerstone Building shall have a
minimum square footage of 600 square feet. There shall be a total of 2 employee
dwelling units in the Waterford Building. One shall be a minimum of 300 square feet
and the other a minimum of 800 square feet. The developer of the Westhaven
Condominuims building shall provide 4,400 square feet of employee housing pursuant
28
Ordinance No. 10, Series of 2008
to the terms of an agreement reached with the Town of Vail as described in Condition 3.
The developer of Area D shall build 2 employee dwelling units in the Area D east
building per the approved plan for the East Building. In Area D one employee dwelling
unit shall have a minimum GRFA of 795 square feet and the second employee dwelling
unit shall have a minimum GRFA of 900 square feet. The GRFA and number of
employee units shall not be counted toward allowable density or GRFA for SDD No. 4.
All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of
the Vail 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 Municipal Code, unless such time requirement is amended herein.
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.
29
Ordinance No. 10, Series of 2008
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
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 15th day of April, 2008, and a public
hearing for second reading of this Ordinance set for the 6th day of May, 2008, at 6:00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
/ a or Richa velars
Y
ATTE T:
j'
•
~Corele~ Donaldson, Town Clerk
SEAL
•
~r
cO~ORA~
30
Ordinance No. 10, Series of 2008
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this 6~' day of May, 2008.
,~/I
Mayor Richard Cle Ind
ATTEST:
's~~
•
~6rele~Donaldson, Town Clerk S' '
• ~ .
~
~RADO
31
Ordinance No. 10, Series of 2008