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Home My WebLink About2011-08 SDD for Amendment (Glen Lyon Office Bldg) Ever VailORDINANCE NO. 8 SERIES OF 2011 AN ORDINANCE AMENDING ORDINANCE NO. 5, SERIES OF 2008, CASCADE VILLAGE, TO REMOVE DEVELOPMENT AREA D FROM SPECIAL DEVELOPMENT DISTRICT NO. 4, CASCADE VILLAGE, PURSUANT TO SECTION 12-9A-10 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS, 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; WHEREAS, Ordinance No. 5, Series of 1976 adopted Special Development District No. 4, Cascade Village ("SDD No. 4"); WHEREAS, Resolution No. 19, Series of 2008 changed the land use designation for Development Area D to Lionshead Redevelopment Master Plan in the Vail Land Use Plan; WHEREAS, recommendations Master Plan; Resolution No. 26, Series of 2008 adopted site specific for Development Area D within the Lionshead Redevelopment WHEREAS, the proposed Ever Vail Subdivision will incorporate Development Area D; WHEREAS, on January 24, 2011, after a properly noticed public hearing, the Town of Vail Planning and Environmental Commission recommended approval of the amendments to SDD No. 4; WHEREAS, the removal of Development Area D from SDD No. 4 cannot take effect until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and 12/19/2012 IIVWS-STORAGEIDESKTOPSSITNAGELIDESKTOPIORD/NANCE N0. 8, SERIES OF 2011 EVER VAIL SDD N0. 4 AMENDMENT SECOND READ/NG 121812.DOC WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the removal of Development Area D from SDD No. 4 shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. FindinQS. Pursuant to Section 12-9A-10 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Vail Town Council (the "Town Council") hereby finds and determines as follows: a. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled; b. The proposed amendment to SDD No. 4 meets the Town's development objectives as identified in the Vail Comprehensive Plan; c. SDD No. 4 should be amended to achieve compliance with the Lionshead Redevelopment Master Plan; d. The proposed amendment to SDD No. 4 complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; e. The proposed amendment to SDD No. 4 is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; f. The proposed amendment to SDD No. 4 promotes the health, safety, morals, and general welfare of the town and promote 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; and g. It is in the best interest of the public health, safety, and welfare to amend SDD No. 4 to remove Development Area D, so that Development Area D can become a part of the Ever Vail Subdivision when that subdivision is created. Section 2. Amendment. Subject to Section 3 hereof, Ordinance No. 5, Series of 2008, is hereby amended to remove Development Area D from SDD No. 4. All provisions of SDD No. 4 not expressly amended in this Ordinance shall remain in full force and effect. Specifically, SDD No. 4 shall be amended to read as follows (deletions are shown in s#+I�k►/additions are shown in bold): Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 9�9�� 96.155 acres and Special Development District No. 4 and the 9�9�� 96.155 acres may be referred to as "SDD No. 4." 2 12/19/2012 IIVWS-STORAGEIDESKTOPSSITNAGELIDESKTOPIORDINANCE N0. 8, SERIES OF 2011 EVER VAIL SDD N0. 4 AMENDMENT SECOND READ/NG 121812.DOC 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 ��non l��mcrni.�l CiFe I'1 �o Tract K Dedicated Open Space Roads TOTAL E 8.322 Development Plan--Required--Approval Procedure 32.078 4.700 �96.155 Each development area with the exception of Development Areas A a�d � shall be subject to a single development plan. Development Area A shall be allowed to have finro 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. '. 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 . . . �D 1. 2. 3. 4. _ r�:r��vTSrr:�:`�i��e�:s��,�,r.t:,r�r_t, Area E, Tract K Bicycle and pedestrian paths. Interpretive nature walks. Nature preserves. Passive outdoor recreation areas and open spaces. 3 �v�sno�z IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 8, SERIES OF 2011 EVER VAIL SDD N0. 4 AMENDMENT SECOND READING 121812.DOC Conditional Uses . . . .�n:irr,:t „ €D. Area E, Tract K Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses n e� n �i i.,,,., r,,,,,.., ��i e�+e � �o.E'Fl 2FG�mti . , , , �� • � , � , , Density--Dwelling Units, 1'l cr i�l Ci}c TF�roc rlw �n�4� 4�un nf . -eC� , � crGrc�"vr�Trcc�r'rT�rnr.�,�r�vr , Density--Floor Area . , . . . , LpCSL,1jr�TC rt��•.r ....�., . Commercial Square Footage 4 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE N0. 8, SER/ES OF 2011 EVER VA/L SDD NO. 4 AMENDMENT SECOND READ/NG 121812.DOC � 2R�6-' • , Development Plans Site specific development plans are approved for Area A. �^� e.e� n The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. T"°��e+� ' , . The following documents comprise the development plan for the SDD as a whole, Watertord, Cornerstone, Cascade Club Addition Scenario 1 and 2, and Millrace IV.,- r�-crrc� nv-� v��-��tY-b�� ner�i a4-�+�e�e-a� n m�4 n I � n fn r�h i � � r� . . , tcn� �ircmenFc 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 Height 0 0 Site Coverage 0 Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include 5 12/19/7012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 8, SER/ES OF 2011 EVER VAIL SDD N0. 4 AMENDMENT SECOND READING 121812.DOC retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C aad�, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. 6 12/19/7012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORD/NANCE NO. 8, SER/ES OF 2011 EVER VA/L SDD N0. 4 AMENDMENT SECOND READING 121812.DOC Parking and Loading �e-�4rea-�--s#aall-�-r�aa�ed�er�-TB/! RaTkartg ^^r� r4inn . , , , , , , �� . ��e�-0't-tFt�f�� °�-u i�vre�..enT m�s mer�+ c�h�ll n�vTc cTrci cn�cnt�rr m�vim� �m Icnn+h nf 77 fee+ 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; ;., r,e.,e�,,.,.,,e.,+ o.-e� n; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls �� fe�p�L.cniine line �h II 4�c nrn�iirl� .... � .. � In Arc.� I'1 44�c hrcweni m�n�ncmcnF �h.�ll nn+ nnero4c 4he hreweni i �G. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. �H. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A a�B. �� Additional Amenities and Approval Agreements for Special Development District No. 4. 7 12/19/7012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 8, SER/ES OF 2011 EVER VAII SDD N0. 4 AMENDMENT SECOND READING 121812.DOC . , . . . , 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 a�-9 shall provide employee housing. I�A�ea—^�be-��^�o-:��e#c�c�se� . 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 Watertord 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. S e,a�#�ilda+�g�►er t#e-a�e�e�-�a�-#er�k�e-�a�s#-��i��+�Q��ea�-�„� 8A . 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. Section 3. Condition Precedent and Expiration. The amendment set forth in Section 2 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk 8 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORD/NANCE NO. 8, SER/ES OF 2011 EVER VAIL SDD N0. 4 AMENDMENT SECOND READING 121812.DOC and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been properly recorded by December 31, 2020, the amendment set forth in Section 2 hereof shall not take effect. Section 4. Severabilitv. 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. Effect. The amendment of any provision of the Vail 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 6. Repealer. 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 4'h day of December, 2012, and a public hearing for second reading of this Ordinance set for the 18'h day of December, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. � A' Donaldson, Town C �.� F .V;9i� ,• : •. . . . . . . . . ��i . . . .��'•••.....••'�O � OLOFZ� READ AND APPROVED ON this 18th day of December, 2012. ATT � onaldsor�, Town Clerk rew P. Daly, Mayor >ECOND READING D ORDERED PUBLISHED �N OF � � .............9 i �knd w P. Daly, Ma SEAL : . . . � : ��ORA�O 12/19/7012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. 8, SER/ES OF 2011 EVER VA/L SDD N0. 4 AMENDMENT SECOND READING 121812.DOC