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Home My WebLink AboutPEC070055Planning and Environmental Commisson ACTION FORM TOWN OF VAIN O:D+tttlJNJ~y CT_YELOPMENT Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com Project Name: CORN ERSTONEBUILDING MAJ AMEN PEC Number: PEC070055 Project Description: Participants: FINAL APPROVAL FOR A MAJOR AMENDMENT TO SDD #4 FOR THE CORNERSTONE BUILDING OWNER L-0 WESTHAVEN INC 08/13/2007 C/O DELOITTE & TOUCHE LLP 555 17 TH ST STE 3600 DENVER CO 80202 APPLICANT L-0 WESTHAVEN INC 08/13/2007 C/O DELOITTE & TOUCHE LLP 555 17 TH ST STE 3600 DENVER CO 80202 Project Address: 1276 WESTHAVEN DR VAIL Location: 1276 WESTHAVEN DR Legal Description: Lot: G-2, Block: Subdivision: LIFTSIDE/CORNERSTONE Parcel Number: 2103-121-1900-1 Comments: BOARD/STAFF ACTION Motion By: Newberry Action: APPROVED Second By: Gordon Vote: 6-1 Date of Approval: 07/15/2008 Conditions: Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Cond: CON0010224 The Developer shall 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. Cond: CON0010225 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. Cond: CON0010226 The Developer shall pay 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. Cond: CON0010227 The Developer shall submit a complete set of civil engineered drawings of the Approved Development Plans, including the following required off-site improvements: 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; Design and Construct A 10' concrete bike path 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 Developer making application for the issuance of a building permit. Cond: CON0010228 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. Cond: CON0010229 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. Cond: CON0010230 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. Cond: CON0010231 The Developer shall provide 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. Cond: CON0010232 The Developer shall 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 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. Cond: CON0010233 The Developer shall 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. Planner: PEC Fee Paid: $6,000.00 Application for Review by the ~ £ ? Planning and Environmental C TO M . ' IR [E `V/ V V1.LL Department of Community Development 75 South Frontage Road, Vail, Colorado 81 tel: 970.479.2139 fax: 970.479.2452 web: www.vailgov.com General Information: ~n~ All projects requiring Planning and Environmental Commission review must receive a xavl&M ~~n cOFseRAIL a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: • Rezoning $1300 Conditional Use Permit $650 • Major Subdivision $1500 Floodplain Modification $400 • Minor Subdivision $650 Minor Exterior Alteration $650 • Exemption Plat $650 Major Exterior Alteration $800 • Minor Amendment to an SDD $1000 Development Plan $1500 New Special Development District $6000 Amendment to a Development Plan $250 i?' aior Amendment to an $600 Zoning Code Amendment $1300 • en o an 0 Variance $500 (no exterior modifications) Sign Variance $200 Description of the Request: SDD Amendment for Cornerstone Building, Cascade Village SDD # 4 ~Me • Location of the Proposal: Lot. _ _Block:_ Subdivision: Physical Address: `y C i° Westhaven Drive Parcel No.: - Vl::3 loll IC?C.%I (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: SDD +It Name(s) of Owner(s): LL-0 Westhaven, Inc. Mailing Address: c/o Destination Hotels & Resorts, 10333 East Dr Creek Road Suite 450, Englewood, CO 80112 Phone:303-268-6836 Owner(s) Signature(s): Name of Applicant: s inaYinn HntPl G Racnrts Mailing Address: 10333 East Dry Creek Road, Suite 450, Englewood, CO 80112 Phone: -103-268-6836 E-mail Address: FnY 303-799-6011 For Offic Use Only: ~J f Fee Paid: i~g I~n Check Nose la tz _ By: 0 Val ` Meeting Date: ld • O~ PEC Planner: Project No.: AX_- 010 a v v t Page t of 7-04/01/04 303 799 6011 DESTINATION HOTELS 09:41:56 a.m. 08-13-2007 - 212 Application for Review by the Planning and Environmental Commission 'TOWN of ComrturAy Dr-Slopctent t if lr~( OF rr 75 South Frontage Road, Vail. Colorado 81657 to: 970.419.2139 fax: 970.4792462 web: www.valgov.com General Information: AN projects requiring Planning and ewironmental Commission review must recehB approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An applicatbn for Manning and Envirortrnental Commission review cannot be accepted until all required htfwmatlon is reoeived by the Community Development Department. The project may also need to be reviewed by the Town Council andfor the Oesip Review Board. Type of Application and Fee: • Rezoning $1300 Conditioral Use Pomil $650 • Major Subdivision $1500 Fbodpiain Modilicaliort $400 • Wnor Sub Mslon $660 Knor Exterior Alteration $650 • Emr--paon Pat $650 Major Exterior Alteration $800 • Mhor Amendment to an SDD $1000 Development Plan $1500 • New Special Development District $6000 Arnendmard to a Development PNrt $250 • Major Amendment to an SDO $6000 Zoning Cale Amertdmertt $1300 • Major Amend tnent to an SDD $1250 Variance $500 (no exta9 w modltrcal ons) agn Variance $200 Description of the Request: sun ftendment for Cornerstone Building, Cascade Village SDD # 4 Location of the Proposal: Lot:-_ Bkxk-.-. _ Sttbftsion: Physical Address: Westhaven Drive Parcel No.: (Contact Sigie Co. As8elwr at 970-328-6640 for parcel no.) Zoning: SDD Name(s) of Owner(s): L-0 Westbaven, Inc. Mailing Address: c/o Destination Hotels & Resorts, 10333 East D Creek Road Suite 450, Englewood, CO 80112 Phone•303-268-6836 1 Owner(s) Signature(s): PAke4tf lk! 4'~ ~(~s'f icJc. Name of Applicant: 1Smictin~tinn Rnralia & 2103ext 10333 East Drye.Creek Road, Suite-450, Englewood, CO 80112 Mailing Address: Phone: 308-6836 E-mail Address P40S44 'Tidat't+ 4 _ Pax 303-799-6Dxi Paid: Check N o.:- _ Airy Date:___.._- Page I of 7-04101/04 TOWN OF VAIL, COLORADO Statement Statement Number: R070001508 Amount: $6,000.00 08/13/200704:21 PM Payment Method: Check Init: JS Notation: 32612/L-0 VAIL HOTEL, INC. Permit No: PEC070055 Type: PEC -Major SDD Amendment Parcel No: 2103-121-1900-1 Site Address: 1276 WESTHAVEN DR VAIL Location: 1276 WESTHAVEN DR Total Fees: $6,000.00 This Payment: $6,000.00 Total ALL Pmts: $6,000.00 Balance: $0.00 ACCOUNT ITEM LIST: Account Code Description Current Pmts PV 00100003112500 PEC APPLICATION FEES 6,000.00 i VAIL PARKING LLC 2990 BOOTH CREEK DR. VAIL, CO 81657 MIRUS LLC C/O WN MANAGEMENT PO BOX 7270 AVON, CO 81620 GEORGIA FOX MCINTOSH TRUST 2017 WINDSOR PL FT WORTH, TX 761 10 1983 REVOCABLE MAHONEY, MICHAEL F. & JULIE A. 7210 SPRING CREEK CIR 63c\ NIWOT, CO 80503 LO PORTO, JOHN J. - CINTORINO, THOMAS J. 21 APPLETREE GREEN NASHUA, NH 03062-2234 HANNEN, KEVIN P. 3409 PATRICK ST ST CHARLES, LA 70605 NEPTUNE PARTNERS LTD 252 CLAYTON 400 DENVER, CO 80206 HUFF, GLEN & MARSHA 511 VILLA CROSSING SOUTH LAKE, TX 76092 MULONE, NICHOLAS P. & SANDRA L. 304 STONEYBROOK DR CHESWICK, PA 15024 POWERS, SUSAN L. 18821 DELAWARE ST STE 207 HUNTINGTON BEACH, CA 92648 BROE, PATRICK D. C/O BROE CO 252 CLAYTON ST 4TH FL DENVER, CO 80206 14 Vail Cascade Residences Mouriello Planning Group, LLC ANI INVESTMENTS LTD C/O DON BAKER 633 W FIFTH ST STE 4000 LOS ANGELES, CA 90071-2007 LIFCHEZ, AARON S. & ROBERTA A. 525 SUNSET LN GLENCOE, IL 60022-1141 FERRIS, BROOKE PO BOX 216 VAI L, CO 81658 TALOUMIS, LOUIS J. & LORI J. -JT 5855 GLADSTONE ST COLORADO SPRINGS, CO 80906 CASSIS INVESTMENTS LTD C/O DON BAKER 633 W 5TH ST STE 4000 LOS ANGELES, CA 90071-2007 INSIDE SDD No. 4 1239 B WESTHAVEN CIRCLE LLC 29 LAUDER LN GREENWICH, CT 06831 AXIS HOLDINGS LTD 170 MIDWEST RD SCARBOROUGH ONTARIO M 1 P 3A9 CANADA, BRADSHAW, DAVID C. 65 CENTRAL PARK W UNIT 15-B NEW YORK, NY 10023 H&C STONE REVOCABLE TRUST 615 PALISADES AVE SANTA MONICA, CA 90402 HASSMAN, ALAN R. & GLORIA J. 8 CREEKSIDE LN CAMP HILL, PA 17011 15 Vail Cascade Residences Mauriello Planning Group, LLC HEINEN, NANCY A. & JOHN J. 2565 SOM CENTER HUNTING VALLEY, OH 44022 JAMES A. BELTZ REVOCABLE TRUST - J. ANNE BELTZ REVOCABLE TRUST 447 PEAVEY RD WAYZATA, MN 55391 ROBERT J. ROSEN 2005 QPRT NANCY ROSEN 2005 QPRT 1127 LAKE AVE GREENWICH, CT 06831 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 GLEN LYON OFFICE BUILDING C/O ANDREW D. NORRIS 1000 S FRONTAGE RD W STE 200 VAIL, CO 81657 WESTHAVEN REALTY LLC 1 127 LAKE AVE GREENWICH, CT 06831 HAGOPIAN & PENNINGTON,LLC-NORRIS,A.D.III C/O BRENTWOOD ASSOC & T.M. PENNINGTON 11150 SANTA MONICA BLVD 1200 LOS ANGELES, CA 90025 MILL RACE CONDOMINIUM ASSOCIATION JULIE GRIMM 1000 S FRONTAGE ROAD, WEST #200 VAIL, CO 81657 MILL RACE CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT 1, SUITE 200 VAIL, CO 81657 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81657 16 Vail Cascade Residences Mauriello Planning Group, LLC KOENIG, HOWARD P. 7 BREAKERS AISLE DANA POINT, CA 92629 YELLOW BIRD LTD C/O CASCADE VILLAGE 1476 WESTHAVEN DRIVE VAIL, CO 81657 PETERSON, JERRY W. THREE LYNN RD CHERRY HILLS VILLAGE, CO 801 13 CASCADES ON GORE CREEK OWNERS ASSOC INC 1476 WESTHAVEN DR VAIL, CO 81657 KAISER, PETER & ANAFU M. 10 EDWARDS POINT RD RUMSON, NJ 07760 FERRY, TERRANCE F. & GAIL LOWENTHAL 1390 WESTHAVEN DR 6 VAIL, CO 81657 CGC VAIL LLC 4101 BIRCH ST STE 100 NEWPORT BEACH, CA 92660 L-O WESTHAVEN INC C/O DELOITTE & TOUCHE LLP 555 17 TH ST STE 3600 DENVER, CO 80202 BLUME FAMILY PTNSHP % FRED P. BLUME PO BOX 504 CHEYENNE, WY 82003 DEWS, JULIANNA PO BOX 362 VAIL, CO 81658 BELTZ, JAMES A. & ANNE HOUGH -JT 447 PEAVEY RD WAYZATA, MN 55391 17 Vail Cascade Residences Mauriello Planning Group, LLC MCCULLOH, HUGH 375 SAINT PAUL ST DENVER, CO 80206 FREEMAN, MICHAEL J. 6-13 BLUE SEA LN KINGS POINT, NY 11024 SKI CASCADE LLC C/O PETER AND GRETCHEN BROWN 3696 LAKE MENDOTA DR MADISON, WI 53705 HASSMAN, ALAN R. & GLORIA J. -JT 8 CREEKSIDE LN CAMP HILL, PA 17011 NA CO - MCMILLAN, NANCY O. - OATEY, WILLIAM R. 4700 W 160TH ST CLEVELAND, OH 44135 SMITH, DEBRA 5614 S LANSING WAY ENGLEWOOD, CO 80111 HOWELL, JOHN N. & MARY L. -JT 1101 PENNSYLVANIA AVE NW #400 WASHINGTON, DC 20004 STEVENSON, RAY ONE NE LAGOON ISLAND CT SEAWALL'S POINT, FL 34996 BROOKS, SCOTT K. - KLAESS, MATT S. -JT 1515 WAZEE STE 300 DENVER, CO 80202 VAIL LLC PO BOX 1558 CLEARWATER, FL 33757 VAIL LLC 1000 ELDORADO AVE CLEARWATER, FL 33767 18 Vail Cascade Residences Mauriello Planning Group, LLC KCV L.L.C. - RAINER, WILLIAM & JULIE PO BOX 550 OLATHE, KS 66051 MORGAN, MITCHELL - ET AL C/O VAIL CASCADE CONDOMINIUMS INC 1476 WESTHAVEN DR VAIL, CO 81657 SI PARTNERS LTD 252 CLAYTON ST 4TH FL DENVER, CO 80206 MDSB LP 5752 S JASMINE ENGLEWOOD, CO 80111 LAZIER, ROBERT BUDDY 386 HANSON RD VAIL, CO 81657 ELLENORE JOINT VENTURE C/O PHILIPP A KORT 210 N CHAMBORD DR ATLANTA, GA 30327 NASR, MOE 7910 SAM HOUSTON PKWY W HOUSTON, TX 77064 COHEN, RICHARD W. 2950 RIVERMEADE DR ATLANTA, GA 30327 WILKINS, F.D. 2655 BRIARWOOD DR BOULDER, CO 80303 MOREIRA, DOMINGO R. 7231 SW 63RD AVE MIAMI, FL 33143 19 Vail Cascade Residences Mauriello Planning Group, LLC GLEN LYON ASSOC LLC C/O MADELYNN HAUSMAN ATTORNEY 77 W WASHINGTON ST STE 1119 CHICAGO, IL 60602 ALEXANDRA P. LINN TRUSTEE ALEXANDRA P. LINN REVOCABLE TRUST 1350 GREENHILL CT VAIL, CO 81657 KARLIN, MITCHELL J. PO BOX 8488 NORTHFIELD, IL 60093 WOLF, MARY PO BOX 354 WINNETKA, IL 60093 HORN, JEFFREY M. & SALLY HELMS 18 AVON RD BRONXVILLE, NY 10708 PURCHASE, JOHN LAYTON & LARA JUNE 754 POTATO PATCH DR VAIL, CO 81657 GERSTENBERGER, ALLEN & JANET 5255 BOW MAR DR LITTLETON, CO 80123 LOHRE, JOHN O. & MARY B. 333 LOGAN ST STE 203 DENVER, CO 80203 HARLAN DEVELOPMENT COMPANY LLC C/O HAL P HARLAN PRESIDENT PO BOX 29176 INDIANAPOLIS, IN 46229 CUNNINGHAM, BARRY E. 271 ANEMONE DR BOULDER, CO 80302 HOVEY, NANCY M. 1 WOODHOLM LN MANCHESTER, MA 01944-1057 20 Vail Cascade Residences Mauriello Planning Group, LLC 1439425 ONTARIO INC 17 CHESTNUT PARK RD TORONTO ONTARIO M4W 1 W4 CANADA MARJORIE H. ODEEN REVOCABLE INTER VIVOS TRUST 1435 HARVEST CROSSING DR MCLEAN, VA 22101 MORLEY, REBECCA D. & ANDREW W. 1330 SONGBIRD CT BOULDER, CO 80303 HINZ, PAMELA SHEILA 1460 A GREENHILL CT VAIL, CO 81657 KIRKPATRICK, DOUGLAS H. & JOAN M. 48 HYDE PARK CIR DENVER, CO 80209 PHILIP H. CORBOY JR. TRUST 33 N DEARBORN CHICAGO, IL 60602 DULUDE, RICHARD & JEAN P O BOX 537 106 LAKE AVE GEORGES MILLS, NH 03751 1359 GREENHILL COURT LLC 101 S CLERMONT DENVER, CO 80246 MEISTER, RICHARD W. & JULIE L. 39 LOCKWOOD AVE OLD GREENWICH, CT 06870 GURRENTZ, HEDY & KENNETH G. 5360 S BOSTON ST GREENWOOD VILLAGE, CO 80111 1334077 ONTARIO INC 2531 STANFIELD RD MISSIGAUGA ONTARIO L4Y1 S4 CANADA 21 Vail Cascade Residences Mauriello Planning Group, LLC BLIVAS, JULIE 148 S WESTGATE AVE LOS ANGELES, CA 90049 SUSAN RUBENSTEIN QUALIFIED PERSONAL RESIDENCE TRUST 2129 N. CLEVELAND CHICAGO, IL 60614 DUNNING, PETER B. & LUCY 1461 GREENHILL CT VAIL, CO 81657 ORTEGON, ANTHONY & VERA 2 ROCKBRIDGE LN PUEBLO, CO 81001 SCHUBERT, FRED V. & MARIA A. TRUST 6 MAGGIE LN DOWNINGTOWN, PA 19335-3208 MOONEY, BARBARA C. 1455 GREENHILL CT W 1/2 VAIL, CO 81657 NAGLE, TIM W. & KAREN M. 13307 TOSCA HOUSTON, TX 77079 KEMP, JACK F. & JOANNE M. 1901 PENNSYLVANIA AVE NW STE 300 WASHINGTON, DC 20006-5805 KEMP, JACK F. & JOANNE M. 1775 PENNSYLVANIA AVE NW 1 1 TH FLOOR WASHINGTON, DC 20006-5805 ORLINSKY, DAVID 103 W. 89TH STREET NEW YORK, NY 10024 LANDERS, JOHN & DEBRA 2530 OUTLOOK TRL BROOMFIELD, CO 80020 22 Vail Cascade Residences Mauriello Planning Group, LLC OLIVER, C. HARDY, JR & ANN B. 408 COVE VIEW POINT COLUMBIA, SC 29212-8402 SPICER, WILLIAM J. - GLEN LYON DEV 1710 PLATTE ST DENVER, CO 80202 BERTOLE, PHILLIP 701 GRASSMERE AVE INTERLAKEN, NJ 07712 ARENT, STEPHEN W. - SPICER, WILLIAM J. 1710 PLATTE ST DENVER, CO 80202 GUNSLINGER VAIL 1 LLC 1530 16TH ST DENVER, CO 80202 JASPERSEN FLP I LTD 4807 CROOKED LN DALLAS, TX 75229 GUNSLINGER VAIL 2 LLC 1530 16TH ST DENVER, CO 80202 1245 WESTHAVEN LLC C/O CURTIN 55 EMILY ROAD FAR HILLS, NJ 07931 RUTING, WAYNE M. PO BOX 149 DENVER, CO 80201-0149 WHITE ROCK PROPERTIES LLC ATTN: TOM RYSTROM PO BOX 3546 LITTLE ROCK, AR 72203 STONE, HOWARD L. & CATHERINE A. 615 PALASADES AVE SANTA MONICA, CA 90402 23 Vail Cascade Residences Mauriello Planning Group, LLC BLUE OX LLC 17 CAMPBELL RD WAYLAND, MA 01778 LIPNICK, JANIE B. 6238 29TH ST NW WASHINGTON, DC 20015 VALENTINE, ROSSLYN M. PO BOX 910 VAIL, CO 81658 BEARD, STANLEY S. & BONNIE K. 2121 N FRONTAGE RD 210 VAIL, CO 81657 HALSETH, B. & L. - HALSETH, C. & D. - HALSETH, D. CUST. - KNOX, C.A. CUST. 1176WKST BENICIA, CA 94510-2415 BRAMANTE, M.A. & ELEANOR 1285 WESTHAVEN CIR VAIL, CO 81657 MCMAHON TRUST 792 SAN LORENZO ST SANTA MONICA, CA 90402 PEDIGO, JAMES & RUTH ANN 2019 ALAQUA LAKES BLVD LONGWOOD, FL 32779 LESSANS, MARC B. PO BOX 450 NEW MARKET, MD 21774 JOHN L. ALFOND 2004 TRUST C/O GREGORY W. POWELL TRUSTEE TWO MOUNUMENT SQUARE PORTLAND, ME 04101 SIROTKIN, NEIL & GABRIELA J. 2121 N FRONTAGE RD W 197 VAIL, CO 81657 24 Vail Cascade Residences Mouriello Planning Group, LLC MILLER, GARY E. & V. EILEEN 1415 WESTHAVEN DR VAIL, CO 81657 O NEIL PATRICIA 1385 WESTHAVEN DRIVE VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION JULIE GRIMM 1000 S. FRONTAGE ROAD W, #200 Suite 200 VAIL, CO 81657 COLDSTREAM CONDOMINIUM ASSOCIATION 1476 WESTHAVEN DR. UNIT #1 VAIL, CO 81657 FLOWER, MICHAEL G. & ELIZABETH RAMSEY C/O MDM SERVICES CORPORATION 28202 CABOT RD STE 205 LAGUNA NIGUEL, CA 92677 WALTON GROWTH FUND LP 3252 ROANOKE KANSAS CITY, MO 64111 MCMAHAN, JOHN T. & LYNN 676 N ST CLAIR STE 1575 CHICAGO, IL 60611 LIFTSIDE CONDOMINIUM ASSOCIATION VAIL CASCADE CONDOMINIUMS 1476 WESTHAVEN DRIVE VAIL, CO 81657 LIFTSIDE CONDOMINIUM ASSOCIATION 1234 WESTHAVEN DRIVE VAIL, CO 81657 25 Vail Cascade Residences Mauriello Planning Group, LLC OUTSIDE SDD NO. 4 TOWN OF VAIL C/O FINANCE DEPT 75 S FRONTAGE RD VAIL, CO 81657 UNITED STATES OF AMERICA PO BOX 25127 LAKEWOOD, CO 80225 EAGLE RIVER WATER & SANITATION DIST 846 FOREST RD VAIL, CO 81657 VAIL CORP PO BOX 7 VAIL, CO 81658 H & K MANAGEMENT LLC 953 S FRONTAGE RD W 230 VAIL, CO 81657 G. LOVEN LLC 934 S FRONTAGE RD VAIL, CO 81657 L-O WESTHAVEN INC C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 THE EAGLE POINTE CONDOMINIUM ASSOCIATION DANN PETER 15 HIGHLANDS LN AVON, CO 81620 THE EAGLE POINTE CONDOMINIUM ASSOCIATION PO BOX 5480 AVON, CO 81620 VAIL PARK ASSOCIATION LTD. HIH FARROW 1472 MATTERHORN CIRCLE VAIL, CO 81657 26 Vail Cascade Residences Mauriello Planning Group, LLC Discussion Topic #1: Plan Revisions, Public Benefits and Remaining SDD No. Amendments What the Council said on April 15th- • Revise the plans to reduce Gross Residential Floor Area (GRFA) of the building; • Revise the plans to lower the building height of the west wing of the proposed building, from 91 feet, to 71 feet, in keeping with previously approved maximum building heights within Area A; • Ensure that a minimum of 50% of the required employee housing mitigation is provided on-site; and • Study the level of proposed public benefits in relation to deviations requested from certain development standards. Plan Revisions - What the applicant did: • Eliminated 3,092 sq. ft. of residential floor area-, • Eliminated one free market dwelling unit-, • Lowered the building to 71 feet in height; • Included 53% of EHU mitigation on-site; and • Clarified the proposed public benefits working with Staff. o Westhaven Drive turn lanes; o Sidewalk connections from the proposed skier portal to the South Frontage Road on both sides of Westhaven Drive o Heated bus turn and skier drop-off area meeting Town of Vail and ECO standards; o Adequate snow storage areas as approved by the Town of Vail Public Works Department. o Loading zone improvements o Public Art commitment of $50,000 Remaining Amendments/Deviations: '2M I L1 ZS_ GRFA • Dwelling Units • Parking Discussion Topic #2: Discrepancies in SDD No. 4 and Proposed Amendments GRFA - Chart 1: Area A Completed Projects • SDD No. 4 amended at least 22 times in 32 years - uses, GRFA, dwelling units, and EHU requirements have all changed several times • Chart 1 has been used to track completed projects • Was not updated to include GRFA or dwelling units approved or "used" at Westhaven Condominiums (2005) and Cascade Residences (2005) • With approval of Cascade Residences, SDD No. 4 is over by 18,961 sq. ft. • With approval of Cascade Residences, SDD No. 4 is over by 8 dwelling units • Total increase is 67,715 sq. ft. GRFA and 30 dwelling units to allow Cornerstone to be completed Major Amendments- • GRFA - 67,715 sq. ft. increase to account for overage (18,961 sq. ft.) and Cornerstone (48,407 sq. ft.) for a total of 356,860 sq. ft. • Dwelling Units - 30 to account for overage (8) and 22 at Cornerstone for a total of 131 dwelling units • Parking - 93 to 56 per current development plan 2 Discussion Topic #3: Appropriateness of Cornerstone Uses: • Multi-family and commercial appropriate for site • Changes in market - commercial to residential trend • Proposed ownership of condos and potential for rental supports residential and lodging goals of town and intent of SDD No. 4 • 53% EHUs on site • Parking on-site Density: • Currently 14.1 units per acre in Area A • Cornerstone approval equals .08% increase, or 15.2 units per acre Design: • Building Height - 71 feet • Bulk and mass - similar if not better than '93 approval • Footprint - less site coverage than in '93 approval • Enhances or compliments existing architecture in Cascade Village • Provides amenities and upgrades to guest and resident experience 3 In summary: • Applicant has addressed the Council's concerns by- • Revising the plans o Providing a minimum of 50% employee housing mitigation on-site o Clarifying public benefits • Cornerstone meets the goals of the Town of Vail o Residential development to serve visitors and residents o Infill development o Emphasize role as destination resort while accommodating day skiers o Employee housing made available through private efforts o Employee housing on-site (varied throughout town) • Cornerstone meets intent of SDD No. 4 o Development is harmonious with character of Town of Vail o Provides adequate open space and amenities o Promotes objectives of Vail Town Code o Development density is relatively low o Complementary to the Town 4 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 15, 2008 1-0 i)e IdA~ ~~rr (3 /t Ili 60 J ~ n Uote 6~~ o SUBJECT: A request for second reading of Ordinance No. 5, Series of 2008, amending Ordinance No. 10, Series of 2008, to allow for a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to amend amend and re-establishing the approved development standards for Area A, Cascade Village; and to amend and re-establish the approved development plan for the Cornerstone Site, SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive; and setting forth details in regard thereto. (PEC070055) Applicant: L-O Westaven, Inc., represented by Pylman and Associates, Inc. Planner: Scot Hunn DESCRIPTION OF THE REQUEST This SDD major amendment ordinance request includes major amendments to Special Development District No. 4, as well as changes to the approved development plan for Area A, Cascade Village, specifically to allow for the construction of a mixed use building on the Cornerstone Site, located at 1276 Westhaven Drive. II. BACKGROUND On January 28, 2008, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade Subdivision to allow for the development of the Cornerstone Site. Upon review of the amendment request and a site specific development plan, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with conditions, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. On February 19, 2008, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series 2008, an ordinance approving a major amendment to SDD No. 4, to their regular meeting of March 18, 2008, citing concerns with the proposed amendments to the Special Development District, as well as with the proposed development plan and proposed public benefits associated with the project. On July 1, 2008, the Vail Town Council held a public hearing to consider Ordinance No. 5, Series of 2008, an ordinance approving a major amendment to 1 Special Development District No. 4, Cascade Village, on first reading. At that meeting, the Council voted 6-1 (Foley opposed) to approve, with conditions, Ordinance No. 5, Series of 2008, on first reading. Based on the Town Council's action at the July 1, 2008 regular meeting, Staff has made the appropriate changes to the ordinance, inclusive of additional conditions of approval. No other substantive changes have been made to the ordinance since the Town Council's first reading on July 1, 2008. III. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves, with conditions, a request for second reading of Ordinance No. 5, Series of 2008, amending Ordinance No. 10, Series of 2008, and amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive Should the Council choose to approve the request, the Department of Community Development recommends the Council pass the following motion: "The Town Council approves, with conditions, the second reading of Ordinance No. 5, Series of 2008, amending Ordinance No. 10, Series of 2008, Cascade Village, and amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive /Cascade Village Subdivision, and setting forth details in regard thereto." Should the Council choose to approve this amendment, the Community Development Department recommends the following conditions: 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. 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 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 Developer making application for the issuance of a building permit. 4. 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. 5. 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. 6. 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 for a minimum of one (1) public art improvements to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type III deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. 8. That the Developer integrate sustainable and/or energy efficient technologies, including but not limited to geothermal or ground source heating in any further design and construction specifications, to be approved by the Town prior to installation, for 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. 9. 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 the amount of vehicles parked on South Frontage Road. Should the Council choose to approve this amendment, the Community Development recommends the Council makes the following findings: "The Town Council finds: That the 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 Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission and Section IV of the Staff's July 1, 2008, memorandum to the Town Council; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission and Section IV of the Staff's July 1, 2008, memorandum to the Town Council; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does 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, based upon the review outlined in Section Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission and Section IV of the Staffs July 1, 2008, memorandum to the Town Council. IV. ATTACHMENTS A. Ordinance No. 5, Series of 2008 4 ORDINANCE NO. 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 FOR A 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 A, 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 1 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, 2 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. 3 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 a multi-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.„ 4 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 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 29.100 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 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 12-76- 3, (Commercial Core 1), Vail Town Code, except for in the Cascade Residences building, where office uses shall be permitted on the first floor. 5 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. 6 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 Permits, 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. 4. Ski lifts and tows. 7 Ordinance No. 5, Series of 2008 - Second Reading 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 Code. 8 Ordinance No. 5, Series of 2008 - Second Reading 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 dwelling units and a maximum of one hundred thirty one (131) dwelling units for a 9 Ordinance No. 5, Series of 2008 - Second Reading 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. 10 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. DUs AUs GRFA (sq ft)` EHUs Comm. Sq. Ft. On Site Parking Cascade Parking Structure 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 (approved) 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. 11 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 46-6"753'-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, Schultz. 12 Ordinance No. 5, Series of 2008 - Second Reading 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 Associates. Ordinance No. 5, Series of 2008 - Second Reading 13 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. # Title Author Date -1.0 Title Sheet orter Architects 03-15-05 -1.1 Vicinity Map Morter Architects 01-31-05 -1.2 RFA Summary orter Architects 03-15-05 -1.3 Spring Equinox Sun Shading orter Architects 01-31-05 -1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 -1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 -1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 -1.7 Site Plan Morter Architects 03-15-05 001 over Sheet Alpine Engineering 03-14-05 002 Grading Plan (West Half) Alpine Engineering 03-14-05 003 Grading Plan (East Half) Alpine Engineering 03-14-05 004 Storm Drainage Plan Alpine Engineering 03-14-05 005 Grading and Drainage Details Alpine Engineering 03-14-05 006 Utility Plan Alpine Engineering 03-14-05 007 Utility Details Alpine Engineering 03-14-05 008 Demolition Plan Alpine Engineering 03-14-05 -1 Landscape Plan Dennis Anderson Assoc. 03-15-05 -2 Landscape Plan - Cascade Club Dennis Anderson Assoc. 03-15-05 14 Ordinance No. 5, Series of 2008 - Second Reading A2.0 Parking Level Plan orter Architects 03-15-05 2.1 First Floor Plan Morter Architects 03-15-05 2.2 Second Level Plan orter Architects 03-15-05 2.3 Third Level Plan orter Architects 03-15-05 2.4 Fourth Level Plan Morter Architects 03-15-05 2.5 Roof Plan Morter Architects 03-15-05 3.1 Building A Elevations Morter Architects 03-15-05 3.2 Building B Elevations orter Architects 03-15-05 4.0 Building Sections Morter Architects 02-14-05 4.1 Building Sections Morter Architects 02-14-05 4.2 Building Sections Morter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: wg. # Title Author Date -2.20 Second Floor Plan KD Architects 01-28-07 -2.30 Third Floor Plan RKD Architects 01-28-07 -2.40 Fourth Floor Plan RKD Architects 01-28-07 -2.50 Fifth Floor Plan RKD Architects 01-28-07 -3.10 East and North Building Elevations KD Architects 01-28-07 -3.20 West and South Building Elevations RKD Architects 01-28-07 43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets: Dwg. # Title Author Date 1 Landscape Plan Dennis Anderson 06-20-08 S l Schematic Bus Turnaround Alpine Engineering 06-03-08 -2.00a Site Plan GPSL Architects, P.C. 06-12-08 15 Ordinance No. 5, Series of 2008 - Second Reading -2.00b Stie Plan GPSL Architects, P.C. 06-12-08 -2.01 Lower Level Parking PSL Architects, P.C. 06-12-08 -2.02 Upper Level Parking - Plaza Level GPSL Architects, P.C. 06-12-08 -2.03 Westhaven Drive Ground Level PSL Architects, P.C. 06-12-08 -2.04 esthaven Drive Level One GPSL Architects, P.C. 06-12-08 -2.05 Level Two GPSL Architects, P.C. 06-12-08 -2.06 Level Three PSL Architects, P.C. 06-12-08 -2.07 Level Four PSL Architects, P.C. 06-12-08 -2.08 Level Five GPSL Architects, P.C. 6-12-08 -2.09 Level Five Loft GPSL Architects, P.C. 6-12-08 -2.10 Roof Plan GPSL Architects, P.C. 6-12-08 -3.10 Elevation: West @ Loft Side GPSL Architects, P.C. 06-12-08 -3.20 Elevation: East @ Cascade PSL Architects, P.C. 6-12-08 -3.30 Elevation: North and South GPSL Architects, P.C. 06-12-08 -3.40 levation/Section: East @ Liftside GPSL 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 the approved development plan adopted by the Town Council. 16 Ordinance No. 5, Series of 2008 - Second Reading 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 construction. At-grade patios (those within 5' of existing or 17 Ordinance No. 5, Series of 2008 - Second Reading 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. 6. Millrace IV: A maximum of 36 feet. 18 Ordinance No. 5, Series of 2008 - Second Reading 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. 19 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. 20 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. 21 Ordinance No. 5, Series of 2008 - Second Reading 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 Vail Town Code as amended. 22 Ordinance No. 5, Series of 2008 - Second Reading 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 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. 1. 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 23 Ordinance No. 5, Series of 2008 - Second Reading 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 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. 24 Ordinance No. 5, Series of 2008 - Second Reading 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 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 25 Ordinance No. 5, Series of 2008 - Second Reading 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; 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 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. 26 Ordinance No. 5. Series of 2008 - Second Reading Such drawings/plans shall be submitted to the Town of Vail Community Development Department for review and shall receive approval prior to the Developer making application for the issuance of a building permit. 4. 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. 5. 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. 6. That the Developer prepares a Cornerstone Buildinq 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 for one (1) public art improvement to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type III deed restriction with the Eagle County Clerk & Recorder's Office 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. 27 Ordinance No. 5, Series of 2008 - Second Reading 8. That the Developer integrate sustainable and/or energy efficient technologies, including but not limited to, geothermal or ground source heating in any further design and construction specifications, to be approved by the Town prior to installation, for 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; 9. 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 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. 28 Ordinance No. 5, Series of 2008 - Second Reading 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 1" 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. ATTEST: Richard D. Cleveland, Mayor Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of July, 2008. ATTEST: Richard D. Cleveland, Mayor Lorelei Donaldson, Town Clerk 29 Ordinance No. 5, Series of 2008 - Second Reading MEMORANDUM TO: Town Council FROM: Community Development Department DATE: July 1, 2008 SUBJECT: A request for first reading of Ordinance No. 5, Series of 2008, repealing and reenacting Ordinance No. 10, Series of 2008, amending and re- establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive; and setting forth details in regard thereto. (PEC070055) Applicant: L-O Westaven, Inc., represented by Pylman and Associates, Inc. Planner: Scot Hunn 1. DESCRIPTION OF THE REQUEST This SDD major amendment ordinance request includes major amendments to the Special Development District, as well as changes to the approved development plan for Area A, Cascade Village, specifically to allow for the construction of a mixed use building on the Cornerstone Site, located at 1276 Westhaven Drive. Since the Town Council's last work session, the applicant has revised the proposal in the following ways per the Town Council's direction: • Eliminated 3,092 sq. ft. of residential floor area; • Eliminated one free market dwelling unit; • Lowered the building to 71 feet in height; • Included 53% of EHU mitigation on-site; and • Clarified the proposed public benefits. A more detailed description of the applicant's changes to the proposal is provided in Section II of this memorandum. In addition, since the Town Council's last work session with the applicant, Staff and the applicant have discovered discrepancies within the approving ordinances for SDD No. 4. These discrepancies concern the accounting or "tracking" of existing and allowed Gross Residential Floor Area ("GRFA") and dwelling units for Area A, Cascade Village. Therefore, the applicant's request will include an amendment to increase the maximum allowable GRFA, and now includes a request to increase the allowable dwelling units for Area A. 1 II. BACKGROUND The Cornerstone Site is located within Area A, Cascade Village. It is the last developable, vacant parcel within Area A. The site has had two site specific development plans approved, one in 1989 and one in 1993. Both previously approved plans coincided with an approved development plan for the adjacent Liftside (Waterford) building, and both approvals contemplated coordinated development of both sites. Although the Liftside building was eventually constructed, development of the Cornerstone site never materialized due to market conditions and the approved development plan has since expired. On January 28, 2008, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade Subdivision to allow for the development of the Cornerstone Site. Specifically, the applicant had proposed to amend certain development standards applicable to Area A, Cascade Village, to facilitate the development of 23 free market condominium units, four employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts, Inc., and underground parking. Also associated with the plans were certain improvements to Westhaven Drive, including new skier drop off and bus turn- around areas, sidewalks and associated landscaping. Upon review of the amendment request and a site specific development plan, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with conditions, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. On February 19, 2008, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series 2008, an ordinance approving a major amendment to SDD No. 4, to their regular meeting of March 18, 2008, citing concerns with the proposed amendments to the Special Development District, as well as with the proposed development plan and proposed public benefits for the Cornerstone site. Specifically, the Town Council articulated several issues with the proposed development plan: • Deviations for building height (from 71 feet to 91 feet); • Deviations for GRFA (from 289,145 sq. ft. to 291,639 sq. ft./2,494 sq. ft. increase); 64- • Deviations for on-site parking (from 93 spaces to spaces); and • Public benefits (Improvements to Westhaven Dr., bus stop and skier drop-off). On March 18, 2008, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series of 2008, to their regular meeting of April 15, 2008, at the request of the applicant, in order to allow the applicant sufficient time to adequately address the Town Council's concerns. On April 15, 2008, following a work session with the applicant, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series 2008, to their regular meeting of May 20, 2008, citing continued concerns with the proposed development plan and proposed public benefits for the Cornerstone site. Specifically, the Town Council articulated several issues with the proposed development plan, and provided the following direction to the applicant: 2 • Revise the plans to reduce Gross Residential Floor Area (GRFA) of the building; • Revise the plans to lower the building height of the west wing of the proposed building, from 91 feet, to 71 feet, in keeping with previously approved maximum building heights within Area A; • Ensure that a minimum of 50% of the required employee housing mitigation is provided on-site; and • Study the level of proposed public benefits in relation to deviations requested from certain development standards. In response to the Town Council's concerns, the applicant has tabled the review of Ordinance No. 5, Series of 2008, several times and has studied options to revise the development plans to address issues related to the building (bulk, mass and height) and the amount of Gross Residential Floor Area (GRFA) being proposed. The applicant has addressed each of the above stated concerns and directives and will present new development plans indicating: • Revised floor plans which eliminate 3,092 sq. ft. of residential floor area; • Revised floor plans to eliminate one (1) free market unit, and to re-located EHUs to reduce overall build height and mass; • Raising the east wing of the building from 60 feet to 71 feet; • Provision of 53% of the required employee housing on-site; • Revising plans for Westhaven Drive, to include a heated bus turn-around, skier drop-off and new sidewalk connections. During the course of revising the plans to address the Town Council's concerns, Staff and the applicant have discovered discrepancies within existing ordinances approving amendments to SDD No. 4. In error is a table ("Chart 1: Area A Completed Projects") listing development statistics (GRFA, Commercial Floor Area, Number of Accommodation and Dwelling Units and Parking) for "completed Projects" within Area A of Special Development District No. 4. Staff and the applicant relied on this table and previously enacted ordinance language to calculate the amount of Gross Residential Floor Area (GRFA) and dwelling units available for the development of Cornerstone site. As a result, there is a discrepancy in the previously reported GRFA totals, as well as the number of dwelling units approved for Area A. Therefore any amendment to SDD No. 4 to allow for completion of any residential project on the Cornerstone site and the completion of a coordinated development plan for the Cascade Village will include a request to increase the number of allowable dwelling units and to significantly increase the allowable GRFA within Area A. DISCUSSION ITEMS Item #1: Major Amendments to SDD No. 4 and Public Benefits Town Council Concerns and Applicant Response During the public hearing on February 19, 2008, the Town Council expressed concern with the public benefits proposed with the Cornerstone development in 3 relation to requested deviations to previously established development standards for building height, parking and GRFA. In response to these concerns, the applicant will be presenting revised plans demonstrating how the building has been lowered to 71 feet, effectively eliminating any deviation from previously approved height standards. In addition, the applicant has revised the plans to reduce the total (gross) square footage of the building by 3,092 square feet. Specifically, one free market dwelling unit has been eliminated and other spaces within the building have been reduced to address the Council's directive that the proposed residential floor area remained within the previously established maximum of 289,145 square feet. However, for reasons presented in greater detail below in this memorandum - reasons completely out of the control of the applicant - the applicant will be requesting deviations from previously established GRFA and dwelling unit allowances within Area A in order to complete the development of the Cornerstone site. Lastly, the applicant is proposing to construct four (4) Employee Housing Units (EHUs) on-site. Although Staff believes the newly adopted housing regulations requiring that '/2 the required employee housing mitigation on-site do not apply to the Cornerstone project - because the application was "in process" prior to adoption of Ordinance No. 1, Series of 2008 - the applicant is proposing to effectively provide at least 50% of the required employee housing mitigation on- site. Deviations The remaining "deviations" or amendments requested include an increase in allowable GRFA, allowable number of dwelling units and a proposal to reduce parking requirements on-site due to the elimination of essentially all commercial uses on the Cornerstone Site. The applicant will be presenting a summary of proposed public benefits and their estimated value. Staff recommends the Town Council review the total amount of deviations requested with consideration given to GRFA and dwelling unit accounting discrepancies detailed below in this memorandum. Also, Staff believes the requested deviations should be reviewed in context to recent approvals of other residential developments within Area A (conversions from commercial to residential uses) which "used" GRFA that was originally contemplated to be utilized for development of the Cornerstone Site. Staff believes the current development plans for the Cornerstone Site are quite similar to the site coverage (building footprint), bulk, mass and height approved via the 1993 development plan for the site. For use in analyzing the appropriateness of the current proposal, the applicant has provided reduced copies of plan sheets comparing the 1993 approval to the current proposal. As well, staff has completed the following analysis of the site, comparing current development plans to those approved in 1993: 4 Development Standard 1993 Approval Current Plans Building Height: 71 feet 71 feet GRFA: 28,110 sq. ft. 48,407 sq. ft. Commercial: 11,100 sq. ft. 623 sq. ft. Density: DU's 32* 22 AU's 0 0 EHU's 3 4 Parking: 93** XJ54 Note: The development plan approved for the Cornerstone Site in 1993 included 64 Transient Dwelling Units (TDUs); pursuant to the terms defined within Special Development District No. 4, Transient Dwelling Units are to be counted as 1/2 of a dwelling unit. The development plan approved for the Cornerstone Site in 1993 included 56 spaces for residential uses and an additional 37 spaces for use by the public for 11,100 sq. ft. of commercial uses approved on-site; the current proposal meets the requirements for on- site parking for residential and commercial uses. Public Benefits: Skier Drop-Off/Snow Storage/Bus Turn-Around The applicant and the Town of Vail Engineering and Public Works Staff have met several times to review these issues and discuss potential solutions. The applicant then developed a plan for the Westhaven Drive area that incorporated all of the Town Staff suggestions. Staff believes the plans presented adequately address the snow storage and skier drop off concerns previously identified. The plans (Attachment B) provides a snowmelt system for a large portion of the cul- de-sac area, creates additional functional snow storage/landscape areas that are designed to be fully accessible by snow removal equipment, delineate bus lanes and skier drop-off areas and present a much improved design and landscape improvement to this area. The plan also includes the Westhaven Drive left turn lane and a sidewalk along the west side of Westhaven Drive to the Frontage Road intersection as requested by the Town Staff. This plan was designed in conjunction with Town staff and has the support of the Public Works Department. Additional public benefits above and beyond the Westhaven Drive improvements include- A commitment for an expenditure of $50,000 towards public art. This public art commitment will meet the Town of Vail standards adopted for Art in Public Places; and Significant improvements to the public skier experience inclusive of a skier dedicated elevator that creates full accessibility to this chairlift, a covered skier access staircase, new lift ticket windows and offices, new public bathrooms and a snow melted plaza with a firepit area. This plaza area is the most likely location for the public art component mentioned above; and • A fully functional loading zone that will be shared with neighboring properties, potentially eliminating the on street loading that often occurs at the conference center location. Staff believes the applicant has presented revised plans which specifically address the Town Council's stated concerns and are substantially similar to those approved in 1993 - in terms of building footprint, bulk, mass and building height. The analysis provided above highlights the differences between the 1993 approval and the current proposal, specifically changes to proposed commercial floor area, residential floor area and the corresponding changes to the on-site parking requirement. Despite the discrepancies discovered in reporting or "tracking" GRFA and allowable dwelling units within Area A which were created at no fault of the applicant, Staff believes the current proposal and associated public benefits are appropriate for the site, the surrounding area and adjacent properties, and will bring a proportionate level of public benefit for the surrounding neighborhood in relation to overall deviations requested. Item #2: History of SDD No. 4 and Chart 1 Reporting Discrepancies During the course of revising the plans to address the Town Council's concerns, Staff and the applicant have discovered discrepancies within existing ordinances approving amendments to SDD No. 4. In error is a table ("Chart 1: Area A Completed Projects") listing development statistics (GRFA, Commercial Floor Area, Number of Accommodation and Dwelling Units and Parking) for "completed Projects" within Area A of Special Development District No. 4. Therefore, Staff has provided a brief history of the SDD, Area A and certain amendments that have changed uses, densities and other development standards over time within the District. SDD No. 4 History Special Development District No. 4 was established via Ordinance No. 5, Series of 1976. Prior to the establishment of the District, the property was zoned "PUY within Eagle County. Therefore, no underlying (traditional) zoning existed for the property. The purpose of Special Development District No. 4, Cascade Village, as stated in the enacting ordinance (Ordinance No. 5, 1976) is as follows: "Special Development District 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 Zoning Ordinance; Special Development District 4 is created to ensure that the development density will be relatively low and suitable for the area and vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. " 6 Further, Ordinance No. 5, Series of 1976, states the following regarding build-out of the development: "Before the owner commences site preparation, building construction or other improvements within SDD 4, there shall be an Approved Development Plan for SDD 4. Development of SDD 4 may be phased by Development Area and within Development Area but a sufficient amount of information shall be supplied with respect to all Development Areas in order to allow the Planning Commission and Town Council to ensure the compatibility of any proposed Development Plan with the remainder of SDD 4. " Four development areas (A, B, C and D) were originally established within the District, and each area allowed for certain "Permitted" and "Conditional" uses, similar to conventional zoning. Today, five development areas exist. Area A History Area A was originally established under single ownership, and included 16.82 acres. Today, Area A includes 17.955 acres. According to Ordinance No. 5, 1976, no GRFA limits were originally established within Area A, however the area was limited to 252 total dwelling units. Staff's understanding of the developer's intent for Area A was to comprehensively develop multiple parcels in phases, to create a "third village" or urban development node, consisting of a mix of commercial, institutional/educational, residential and recreational uses. Following the establishment of the SDD, the original developer declared bankruptcy and subsequently sold off development parcels within Area A, thus complicating the coordinated and phased build-out of this portion of the District. Since being established in 1976, SDD No. 4 has been amended no less than 22 times, with 12 amendments directly affecting Area A. The amount of Gross Residential Floor Area (GRFA), total number of dwelling units, commercial floor area and uses within Area A have been amended over time to reflect changes in ownership of different development parcels within the development district, as well as changes in market forces. Those market forces have directly affected the demand for commercial uses within the District, therefore influencing the amount of residential floor area proposed, approved and ultimately developed within Area A. The following summary of major amendments approved for Area A further demonstrate the evolution of the SDD and the corresponding difficulty in tracking amendments to specific development standards over a 32 year period: i atJie major Hmenoments to Area H, uascacle village Ord. No. Year Purpose and Result of Amendment 20 1984 . Increased the size (acreage) of Area A and SDD No. 4; • Increased the allowable number of dwelling units in Area A from 252 to 287 (minimum of 308 accommodation units and a maximum of 134 dwelling units); • Set GRFA in Area A at 291,121 sq. ft.; • Added 37,000 sq. ft. of commercial uses in Area A; • Increased Area A height limit from 45 feet to 48 feet for 7 Cornerstone Site and 71 feet for the hotel, Cascade Club and CMC; • Set parking requirements and standards for Area A; and • Established contract agreement between developer and Town for an annual evaluation of employee housing mitigation. 40 1988 . Added a definitions section, including definitions for "Transient Residential Dwelling Unit"; • Clarified "permitted uses" for Area A, adding "transient residential dwelling unit and "employee dwelling" as permitted uses; • Added "Fractional Fee" ownership as a conditional use within Area A; • Decreased the number of dwelling units in Area A from 287 to 283.5 (minimum of 338 accommodation/transient dwelling units and a maximum of 99 dwelling units); • Increased the approved GRFA in Area A to 292,245 sq. ft. based on development of Millrace IV Scenario 2; • Increased the amount of commercial floor area within Area A from 37,000 sq. ft. to 56,538 sq. ft.; • Established the allowance for two development plans each for the Liftside (Waterford) and Cornerstone sites; • Set building height limits for Liftside (Waterford) Site at 48 feet and 71 feet for the Cornerstone Site. • Allocated parking for Cornerstone, Liftside (Waterford), Millrace IV and the Cascade Club Wellness Center Addition within the Cascade parking structure (421 spaces) or proposed Liftside (Waterford) parking structure (122 spaces); • Established on-site employee housing mitigation within Areas A and D as a condition of approval of the ordinance, to be provided within the Westhaven Condominium building and Area D; and • Clarified that employee housing units would not count toward allowable GRFA and dwelling units (density) for SDD No. 4. 41 1991 . Reduced the number of allowable dwelling units within Area A from 99 to 97; • Reduced the allowable GRFA within Area A to 288,695 sq. ft., (while still allowing for a maximum of 292,245 if Millrace IV Scenario 2 was completed); and • Clarified parking standards for Millrace IV Scenario 1. 1 1993 . Set forth amendments concerning the Liftside (Waterford) and Cornerstone sites; • Established the allowance for one development plan each for the Liftside (Waterford) and Cornerstone sites; • Decreased the number of dwelling units in Area A from 283.5 to 270 (minimum of 352 accommodation/transient dwelling units and a maximum of 94 dwelling units); • Decreased the amount of commercial floor area within Area A from 56,538 sq. ft. to 35,698 sq. ft.; • Re-established the maximum building height for the Cornerstone Site at 71 feet 0 Increased allowable maximum height for the Liftside (Waterford) site at 65 feet, • Set forth a provision for site specific site coverage determination in Areas A and B; • Set minimum on-site parking requirements for the Liftside (Waterford) site (58 spaces) and the Cornerstone site (93); • Set forth requirements for the provision of 2 employee housing units at the Liftside (Waterford) site and 3 employee housing units at the Cornerstone Site; and • Set forth additional conditions and restrictions for employee housing within Area A. 7 1993 . Increased the allowable GRFA within Area A from 288,695 sq. ft., to 289,145 sq. ft. 8 1995 . Set forth specific conditions of approval pertinent to development of the Westhaven ("Ruins") site. 1 1999 . Added "Transportation Businesses" and "Temporary Use of Tennis Facility" as conditional uses. 11 1999 . Established new development plan for the Westhaven site; and • Increased the on-site EHU requirement for Area A to 26 - with 21 units to be provided on the Westhaven Condominium site, 2 provided at the Liftside (Waterford) site and 3 provided at the Cornerstone site. 12 2005 . Re-established development plan for the Westhaven site; • Established new setback requirements for the Westhaven site; • Increased the Recreation Amenities Tax to .50 cents per square foot; and Released developers of Area A (Westhaven site) from providing employee housing on-site. 33 2005 . Established development plan approval for Cascade Residences in the former CIVIC building; and • NO other substantive changes shown in Ordinance (ie. no increase to GRFA or Dwelling Units to allow for Cascade Residences. 31 2007 . Increased allowable dwelling units to accommodate increase at Cascade Residences from 11 DUs to 14 DUs; 10 2008 . Allowed for minor additions of commercial floor area within the Cascade Hotel Previously Approved Cornerstone Development Plans Staff believes the current proposal is in keeping with the original development objectives of the District. Specifically, the Cornerstone site has historically been contemplated for commercial and multi-family residential development within what was to be a phased development of Area A. 9 Amendments to SDD No. 4 have allowed for separate, phased development plans to be approved for various parcels within Area A. For example, although the Liftside (Waterford) site was originally contemplated to provide parking for the Cornerstone site, changes in parcel ownership, amendments to the SDD and changes in market conditions allowed for residential development at the Liftside site independent of Cornerstone. In 1993, a development plan and major amendment to the SDD, inclusive of both the Liftside and Cornerstone sites, was approved via Ordinance No. 1, Series of 1993. Development of the Liftside Condominiums was completed in 1994, however the Cornerstone site - which included approval for 11,100 square feet of commercial floor area as well as 64 "transient residential units" - was never developed for multiple reasons. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: o 41,010 total (gross) square feet of building area; o 28,110 square feet of GRFA / 64 Transient Residential Units; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; o 11,100 square feet of retail/commercial space; o 56 on-site parking spaces for residential uses; o 37 on-site "public" parking spaces for retail commercial uses; and o 71 foot building height GRFA and Dwellinq Unit Reporting Discrepancy During the course of revising the plans to address the Town Council's concerns, Staff and the applicant have discovered discrepancies within existing ordinances to enact certain amendments to SDD No. 4. In error is "Chart 1: Area A Completed Projects", a table listing development statistics (GRFA, Commercial Floor Area, Number of Units and Parking) for "completed Projects" within Area A of Special Development District No. 4. Staff and the applicant relied on Chart 1 to calculate the amount of Gross Residential Floor Area (GRFA) available for the development of Cornerstone Site. As a result, the previously reported GRFA totals for Area A are in error. Although Staff believes this error first occurred in or about 1993, with the approval of the Liftside and Cornerstone Site development plan, Staff calculates that with recently approved and/or completed projects such as Cascade Residences (approved) and Westhaven Condominiums (completed), the GRFA within Area A exceeds the approved maximum of 289,145 square feet by approximately 18,961sq. ft. SDD No. 4 also specifies the total number of dwelling units approved for each development area. Currently, the SDD allows for up to 101 dwelling units within Area A. There are 95 dwelling units completed, and 14 more approved for the Cascade Residences, for a total of 109 dwelling units approved. Therefore, the number of dwelling units currently approved within Area A exceeds the approved maximum of 101 by 8 units. Chart 1: Area A Completed Projects Chart 1 first appeared in the enacting ordinances for Special Development District No. 4 in 1984. The apparent purpose of this chart was to track land uses and development statistics associated with individual sites and individual projects in order to monitor build out of the District. The original chart listed "completed" and "proposed" projects. This format was used for approximately 10 years. In or about the mid 1990's, the chart was changed to just list completed projects. 10 More recently however, as discovered by Staff and the applicant, Chart 1 does not list, or account for, recent approvals granted for the Westhaven Condominiums (completed) and Cascade Residences (approved but not built). The Westhaven Condominiums project was approved via Ordinance No. 12, Series of 2005. This project was completed in 2007 and consists of 13 residential dwelling units totaling approximately 32,000 square feet. Cascade Residences, was approved via Ordinance No. 33, Series of 2005. This project consists of the conversion of approximately 29,319 square feet of existing commercial and institutional floor area associated with the Colorado Mountain College ("CMC") and Cascade Theater into 11 residential dwelling units. A subsequent amendment to the development plans for Cascade Residences to create 3 additional dwelling units (and no additional GRFA) was approved via Ordinance No. 31, Series of 2007. No revisions to Chart 1 were ever made during these approval processes to update or "track" the remaining the number of dwelling units or GRFA available for use within Area A. Completed Projects Area A is currently approved for 289,145 square feet of GRFA. With the addition of approximately 32,000 square feet of GRFA within the Westhaven Condominiums project, Area A total GRFA for "completed projects" should have been reported within Chart 1 to be 277,172 square feet, leaving 11,973 square feet of floor area for subsequent projects to "use". Subsequently, an amendment to SDD No. 4 to allow for the construction of Cascade Residences was approved with approximately 31,058 square feet of GFRA in 2006. Again, Chart 1 was not updated to reflect the approved change to the total GRFA of "completed projects" within Area A. The following table summarizes the allocation and use of GRFA for all "completed" projects within Area A since 1976: Table B: GRFA Allocation within Area A, Cascade Village roject Name 0 0- DUs AUs GRFA Total GRFA Allocated/Used Millrace Condominiums Phases 1, 1► and IV 39 47,984 47,984 Cascade Hotel (formerly Westin Hotel) 148 55,457 103,441 The Cascades (formerly Millrace Phase 111) 6 11,987 115,428 Hotel Terrace Wing 120 58,069 173,497 Hotel Plaza Wing Phase 1 20 7,205 180,702 CMC - "Cascade Wing" 8 15,870 196,572 liftside Condominiums (Waterford) 29 48,600 245,172 Westhaven Condominiums 13 32,000 277,172 Cascade Residences (formerly CMC Building) 14* 30,934 308,106 Total Units: 1017 288" TotaIGRFA 308,106 Allocated/Used: 308,106 Note: Cascade Residences was approved in 2005. The development plan was amended in 2007 to increase the number of dwelling units to 14. This project has not started 11 construction. Pursuant to SDD No. 4, Accommodation Units (AUs) are assessed at '/2 the density of a dwelling unit; 288 total AU's counts as 144 units for purposes of density calculations within SDD No. 4. Impact of GRFA and Dwellinq Unit Reporting Discrepancies Staff and the applicant relied on the accuracy of previously approved and recorded ordinances in examining the compliance of the Cornerstone development plan with the Special Development District, the established "zoning" for the property. These oversights are significant for two reasons. First, the tracking of development statistics within a special development district is critical to the approval and amendment process - to ensure that amendments are consistent with the original intent of the special development district. In the case of Area A, Staff believes recently approved amendments to SDD No. 4 to allow for residential developments such as Westhaven Condominiums and Cascade Residences within Area A, although apparently approved irrespective of allowable GRFA and dwelling units, have been approved and/or completed in a manner that generally comply with the original intent of the District. In addition, such oversights have placed additional burden on the applicant in this case, to justify plans for a building site that was previously contemplated and approved as a key component of the overall development plan for the Cascade Village. As a result of such discrepancies, the applicant is requesting the following major amendments to the SDD: 1) Increase the allowable GRFA within Area A from 289,145 sq. ft. to 32¢,860-sq. ft., a total increase of 67,715 sq. ft.; and 2) Increase the allowable dwelling units within Area A from 101 to 131 dwelling units, a total increase of 30 dwelling units. The increase in GRFA and dwelling units requested accounts for the 18,961 sq. ft., 8 dwelling unit deficit resulting from previously approved amendments for the Cascade Residences project. GRFA Calculations Since 1976 when SDD No. 4 was established, the Town's methodology for calculating Gross Residential Floor Area (GRFA) has changed several times. In fact, the Town's GRFA regulations (limiting the amount of GRFA as a means to control bulk and mass of buildings) has become less stringent; or more lenient in terms of allowing owners of residential units to "capture" existing, un-used volumes within a building's footprint by converting spaces and, in certain cases, completing one-time, minor additions adding no more than 250 square feet ("250 additions"). Numerous "250" additions and interior conversions have been approved and completed within the various residential projects of Area A. Staff points this out for use in examining both the intent of limiting GRFA within Area A over time and the result of completed projects relative to what is being proposed on the Cornerstone site today. 12 IV. CRITERIA FOR REVIEW The criteria outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with each of the criteria listed within Section VIII of the Staff's January 28, 2008, memorandum (Attachment B), or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. Conformance with Purpose and Intent of Special Development District Staff believes the proposed amendments to Special Development District No. 4 to allow for the development of the Cornerstone site, as presented, meets the intent and stated purpose of Special Development District No. 4. Specifically, Staff believes the amendments proposed and site specific development plan conform to the following purposes of the District: 1) The development is harmonious with the general character of the Town; 2) The development provides adequate open space and recreational amenities; 3) The development promotes the objectives of the Zoning Ordinance; 4) The development density will be relatively low and suitable for the area and vicinity in which it is situated; 5) The development is regarded as complementary to the Town by the Town Council and the Planning Commission; and 6) There are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning districts on the area. Conformance with Review Criteria and Findings In addition to the review of design criteria and recommendation of findings outlined in the Staff's memorandum to the Planning Commission dated January 28, 2008, Staff presents the following analysis of design criteria related to the current proposal which includes substantive changes to the plans since the Planning and Environmental Commission's review on January 28, 2008. Chapter 9 - Special and Miscellaneous Districts 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: 13 1. Compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Overall Compatibility The Applicant is proposing a major amendment to the special development district which Staff believes will have positive overall impacts on the appearance and functionality of the area. Specifically, the Cornerstone site is the last development site within Area A, and therefore presents opportunities to complete the overall development plan for Cascade Village and provide needed amenities to the larger community Design of the site and proposed buildings reinforces the connectivity of the Cornerstone site to the rest of the Cascade Village. As well, the design generally enhances the architecture, scale, bulk and visual character of the surrounding neighborhood by incorporating massing, building materials, roof forms and compositions that relate to the surrounding built environment. The applicant has worked with the Town of Vail Public Works Department to revise the plans in a manner that clarify on-site and off-site improvements, including but not limited to: • Westhaven Drive turn lanes; • Adequate bus stop queuing areas; • Landscaped and irrigated medians; • Six foot wide sidewalk connections from the proposed skier portal to the South Frontage Road on both sides of Westhaven Drive • Bus turn around and bus stop meeting Town of Vail and ECO standards; • Skier drop-off; and • Adequate snow storage areas as approved by the Town of Vail Public Works Department. Bulk and Mass Staff believes the proposed improvements are compatible to the immediate environment. The applicant has revised the plans to reduce the building height per the direction of the Vail Town Council. As a result, the mass of both the west and east wings of the building are now more compatible with bulk and mass of adjacent structures and the surrounding area. The revised plans now resemble plans approved in 1993 - where the entire building was 71 feet in height. The proposal continues to present roof forms consistent with surrounding structures and Staff believes the proposed application of exterior materials is appropriate and complimentary to the area. Specifically, the introduction of substantial amounts of stone veneer at key locations (foundation level), the introduction of secondary roof structures, the revisions to the placement and size of certain balconies and window openings, and the continued use of stucco as a predominant "Cascade Village" material aid in "stepping down" the mass of the building from the pedestrian level. 14 Buildinq Height During the public hearing on February 19, 2008, the Town Council expressed concern with the proposed height of the Cornerstone Building relative to surrounding structures in Cascade Village. At the public hearing on April 15, 2008, the Town Council directed the applicant to lower the proposed building height to a maximum height of 71 feet. In response to this concern, the applicant revised the plans to reduce the building height to a maximum of 71 feet. Staff believes the revised building heights for both the west and east wings of the building are compatible and sensitive to the immediate environment. Character As stated above, Staff believes the proposed improvements will result in a positive, or beneficial, impact to the surrounding area. The manner in which the applicant proposes to integrate the building's mass, roof compositions and forms, fenestration and exterior building materials enhances or reinforces the Cascade Village architectural style and character. Other improvements to enhance the skier drop-off, skier passage way and pedestrian plaza areas will provide a much needed upgrade to the pedestrian experience of this portal to Vail Mountain. Staff believes the revised proposal, specifically the request to amend the SDD to include additional GRFA and dwelling units, facilitates infill residential development within Cascade Village, completes the development of Area A and is appropriate for the site and consistent with the original intent of the Special Development District. 2. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes the proposed uses, activities and density continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. Specifically, the proposed uses are primarily residential (mulit- family and employee housing), with limited first floor commercial (skier services). Such 'uses by right' are similar to surrounding multi-family, lodge and commercial uses. The design of the project respects surrounding structures, uses and activities by providing generally compatible building massing, roof forms and composition, architecture and by providing enhanced skier drop-off improvements and pedestrian plaza serving the overall neighborhood. As well, the project's design is respectful of surrounding uses and activities by not adversely impacting existing loading and delivery (service) areas or shifting any parking burden onto the overall development. Changes in Commercial Use Commercial development within Area A, Cascade Village, and the completion of SDD No. 4 as a "third village" within the Town has never materialized to the extent envisioned by the original developers due, in part, to market conditions and perhaps the lack of residential density ("critical mass") developed in the District to support the amount of commercial development anticipated. As summarized in Table B (page 11 above) of this memorandum, Area A was approved for up to 56,538 square feet of 15 commercial floor area in the late 1980's and early 1990's. The Cornerstone site was approved for up to 11,100 square feet of commercial floor area as part of a 1993 development plan approval. Due to market conditions, commercial uses within Cascade Village have either never been developed, or are now being converted into residential uses and floor area. Therefore, the current plans for the Cornerstone site do not include commercial floor area, with the exception of a new 623 square foot ticket office for the sale of lift tickets. Staff believes this evolution of residential and commercial development within the District is critical to one's understanding of the relevance of recently approved conversions from commercial uses to residential uses within Area A, as well as the market conditions which support additional residential development and additional GRFA within Area A. Transient Residential Dwelling Units The previously approved development plan for the Cornerstone Site anticipated roughly 28,110 square feet of GRFA, to be provided within 64 "Transient Residential" dwelling units. Transient Residential dwelling units, as defined by SDD No. 4, as follows: "Transient residential dwelling units or restricted dwelling unit shall be defined as a dwelling unit located in a multi-family dwelling that is managed as 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 sot that it may be loced and separated from the rest of the unit in a closet. A transient dwe311ing 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. " Transient dwelling units were proposed to provide a short term rental use, similar to lodging accommodations. Staff believes the intent of providing such units was to further the original goals for Cascade Village in providing short term lodging (rental) beds and, therefore, to bolster the commercial vitality of the Cascade Village as a mixed-use destination and to achieve several of the Town's stated master plan goals concerning lodging, tourism and "live beds". Staff further believes the current proposal for the 16 Cornerstone site meets the original intent to provide residential dwelling units on this site and that the potential exists for units within Cornerstone to be placed within a professionally managed vacation rental program, similar to those administered for multiple units in the Liftside Condominiums. Live Beds and Rental Programs Because the nature of the overall development plan for Area A has changed over time to respond to market conditions (ie. a reduction in the amount of commercial uses), Staff further believes the Cornerstone project should be viewed in context to current conditions and opportunities to create additional live beds within Cascade Village and, therefore, to achieve the development goals of the Town. Specifically, Staff believes that a certain percentage of whole ownership units within the Cornerstone building - perhaps up to 40% based on trends apparent at the Liftside Condominiums and other multi-family developments in Area A - should be expected to be placed within a professionally managed rental program, based on information provided by Mr. Don MacLachlan, Vail Cascade Condominiums. This form of ownership and rental product is widely used throughout the resort region as a means to support continued real estate development and redevelopment, and, importantly, to provide "live beds" within resort areas. Development Density In 1976, upon establishment of SDD No. 4, the total dwelling units assigned or approved for Area A equaled 252 units. The intent of the development district is to: "...to ensure that the development density will be relatively low and suitable for the area and vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission..." In 1993, at a time when the Cornerstone site was approved for development of 64 Transient Dwelling Units (TDUs) and three Employee Housing Units (EHUs), the enacting ordinance required a minimum of 352 accommodation or transient dwelling units within Area A, with a maximum of 94 dwelling units. Today, the SDD calls for 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 within Area A. The average (approved) density within Special Development District No. 4 is approximately 4.3 units per acre. Within Area A, there are approximately 253 units approved within 17.955 acres with a corresponding density of 14.1 units per acre. With the proposed addition of the Cornerstone Building, the density within Area A will increase 0.08%, for a total of 15.2 units per acre. 17 Current Conditions The Cascade Hotel, containing 288 lodging units, operated at approximately 61.9 % occupancy in 2006 as reported by the applicant. The hotel only sold out (defined as 98% occupancy) 29 out of 365 days during 2006. The Liftside Condominiums Site, originally slated for development of parking to serve the Cornerstone Site, was developed into 27 free market condominiums and 2 employee housing units in 1994. Staff estimates that approximately 37%, or 10 out of 27 units within Liftside Condominiums are currently within a professionally managed rental pool. Commercial uses within Area A have largely been eliminated with the exception of limited restaurant space and some office spaces. Commercial, institutional and a majority of office space within the Cascade Residences project (the "CMC Building") are slated to be replaced by approved dwelling units (yet to be completed) to serve the free market. Previously contemplated employee housing uses within the Westhaven Site have been replaced with the development of 13 free market condominiums. Staff believes approval of the revised proposal, specifically the request to amend the SDD to include additional GRFA and dwelling units, will facilitate infill residential development within Cascade Village and will complete the development of Area A. The proposal is appropriate for the site and consistent with the original intent of the Special Development District. Further, Staff believes the proposed uses, activity and density provide a compatible, efficient and workable relationship with surrounding uses and activity. 3. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. Parkinq During the public hearing on February 19, 2008, the Town Council expressed concern with the proposed on-site parking. During their regular meeting of April 15, 2008, the Council discussed the matter further citing concern regarding the number of vehicles that currently park on the Frontage Road, despite the fact that paid parking exists within the Cascade Resort parking structure. Also, there was concern regarding the proposal to enhance the skier drop-off and portal to the Cascade Village chairlift and the potential to increase the number of skiers using this drop-off point, thus exasperating the current parking situation and traffic congestion. Staff believes the applicant has submitted a development plan that responds first to the needs of the residential development by providing all required parking spaces on-site, as set forth in the parking requirements for SDD No. 4, and in accordance with Chapter 12-10, Vail Town Code. In addition, Staff believes the previous requirements for short term "public" parking on the Cornerstone Site related directly to 11,100 square feet of commercial space approved with the previous development plans for the Cornerstone site and are no longer applicable or appropriate. 18 Because the current plans call for only 623 square feet of commercial space for lift ticket office uses, Staff believes that additional parking for public uses should no longer be required for the Cornerstone Site. Therefore, the applicant is requesting a deviation or amendment to SDD No. 4, to reduce the total number of spaces required on the Cornerstone Site from 93 to .515'/n,1 Staff is of the understanding from speaking with the property manager of the Cascade Resort parking structure (a privately owned and operated structure), that on days when vehicles are parked on the Frontage Road (day skiers), there are typically numerous empty parking spaces available within the structure. After speaking with the management company representative, Staff speculates that those individuals choosing to park on the Frontage Road do so, either out of choice ("free parking") in close proximity to a bus stop, or that those same people are unaware that paid parking is available at the nearby structure. On June 2, 2007, the Town Council approved parking on the Frontage Road during temporary use of the tennis facility for conferences. Although the owner of the parking structure is under no obligation work with the Town to ensure that parking spaces are filled prior to sending visitors elsewhere to park, Staff has suggested to the management company that additional signage may be warranted near the intersection of Westhaven Drive and the Frontage Road in order to direct visitors (day skiers) to the parking structure. Such signage could become part of the proposed improvements to Westhaven Drive, as proposed by the applicant as a public benefit. Staff believes there may be opportunities to involve the private owner of this parking structure in the overall parking management plan for the Town, to further mitigate the impacts of parking on the Frontage Roads in the future. The provisions of SDD No. 4 state the following with specific reference to Area A and the Cornerstone Site: "Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a 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. 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. " Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units" (TRs), free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a 0.4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a 0.1 space per 100 sq. ft. ratio 19 accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the 1993 development plan was 93 spaces. The current proposal contains no Transient Residential/accommodation units and 623 sq. ft. of commercial floor area. In addition, the twenty two (22) free market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the 64 Transient Residential units previously approved for the site. Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal requires 56 spaces. 56 spaces are proposed within two levels of structured parking. Therefore, Staff believes the proposal complies with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. 4. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Employee Housing Provision Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "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. " Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing 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. " The Cornerstone site is subject to the Town' Employee Housing regulations, specifically Ordinances 7 & 8, Series of 2007. These ordinances have enacted regulations for the provision of employee housing units through several possible mitigation methods for all projects in the Special Development District. Within these ordinances a nexus was established between commercial and residential development and the generation of employees was established. In adopting these ordinances a methodology was established to determine the impact of a commercial and residential development on the need for employee housing at a goal of providing 30% of the housing generated by a project. 20 Furthermore. there are provisions for meeting the remainder of the requirement for providing employee housing through several different options or combination of options. The options include: • Provision of on-site units; • Conveyance of property on-site; • Provision of off-site units; • Payment of fees-in-lieu; and • Conveyance of property off-site A proposed development or redevelopment may choose to propose any of the above options or combination of options. Within the ordinances, the Planning and Environmental Commission was given the authority to review an applicant's proposal for mitigating the employee generation of a project and grant approval of the proposal. There are some specific instances were the Town Council must also accept the proposal for mitigating the employee requirement generated by a project. During the public hearing on March 18, 2008, the Town Council expressed concern with the proposed employee housing mitigation in context to the employee housing requirements established within SDD No. 4. Although the applicant proposed to construct four (4) deed restricted employee housing units totaling approximately 3,972 square feet (993 square feet per two-bedroom unit) in combination with providing a payment- in-lieu amount of $306,739 to meet mitigation requirements of Chapters 23, Commercial Linkage, and 24, Inclusionary Zoning, Vail Town Code, the Town Council directed Staff to research the employee housing requirements for SDD No. 4, Area A, to ensure that the developer is meeting any previous obligations to provide adequate housing on-site within Area A, Cascade Village. Based on Staff's research of all ordinances related to SDD No. 4, the following conclusions are pertinent to any further discussion by the Town Council with regard to EHU requirements for Cascade Village, Area A: • 5 EHUs are required, in total, for all of Area A; • 3 EHUs are required on the Cornerstone site; • 2 EHUs have been provided at the Liftside site; • Up to 26 EHUs were required at one time at the Westhaven Condominiums (aka. The "Ruins") site and in 2005, the Vail Town Council voted to release the developer of the Westhaven Condominiums site from their obligations to provide the previously required units on-site. Instead, Ordinance No. 12, Series of 2005, contained a condition wherein the developer of the Westhaven Condominiums was required to provide the equivalent of 4,400 square feet of deed restricted employee housing, off-site. Files for Westhaven Condominiums contain written evidence that the developer met the requirements of the Vail Town Code by deed restricting three (3) units within the Town. 21 Staff believes, based on the above referenced research, the developer's original proposal to provide on-site employee housing exceeds the previously required number of employee housing units on the Cornerstone site by voluntarily providing four (4) units rather than three (3). Further, Staff believes that previous actions by the Vail Town Council to amend (reduce) the required number of employee housing units to be provided at other development sites (Westhaven Condominiums, Ordinance No. 12, Series of 2005) within Area A were intended to release the developers of Area A from providing any future employee housing units within Area A. Further, this action by the Council in 2005 should not cause the developer of the Cornerstone site to provide mitigation above and beyond the impact caused by the development of the Cornerstone building. In other words, Staff is of the opinion a determination was made by a previous Town Council that the total number of employee housing units required within Area A should be reduced in response to redevelopment and changing conditions - specifically the development of the Westhaven Condominium site, and the redevelopment of CMC building into mostly residential uses. Although the SDD language still requires the developers of Area A to provide three employee housing units on the Cornerstone site, Staff believes this requirement was intended to be stricken from the ordinance language in 2005. Staff believes this requirement within SDD No. 4 should longer apply as the developer is proposing to meet all required mitigation for the Cornerstone Building based on the requirements of Chapters 23 and 24, Vail Town Code. Although the Cornerstone project is not subject to the requirements of Ordinance 1, Series of 2008, Staff believes the developer's current proposal, inclusive of four (4) on-site EHUs, meets or exceeds the newly adopted regulation to provide at least '/2 of the required mitigation on-site. The developer proposes to provide 53% of the required mitigation on- site. The required Inclusionary Zoning mitigation for the building based on the requirements of Chapter 23 would total 4,841 square feet, as follows: Inclusionary Zoning Requirement: 48,407 Net New sq. ft. (GRFA) x 10% = 4,841 sq. ft. The total Commercial Linkage mitigation for the building would total 273 net new square feet. Based on this net increase in commercial floor area, the project will be required to mitigate the generation of 0.13 net new employees, as follows: X23 { Commercial Linkage Requirement: 273 sq. ft. Net New Commercial x 20% = 54.6 sq. ft. 54.6 sq. ft. x 2.4 Employees per 1000 = 0.13 Employees 22 Proposed Mitigation Methods The applicant proposes to meet the requirements in the following ways: Inclusionary Zoning Method #1: Provide four (4) EHUs CaD- 2,621 sq. ft. on-site 4,841 sq. ft. - 2,621 sq. ft. = 2,220 sq. ft. (remaining) Method #2: Provide payment of fee-in-lieu for remainder of requirement 2,220 sq. ft. x $301.65 = $669,663.00 Commercial Linkage Method #1: Provide payment of fee-in-lieu for full requirement 0.13 x $166,464 = $21 1 .44 Currently the Town has no plan for the funds that may be collected from the payment-in-lieu option for mitigating housing requirements. Funds collected from this option could be used to construct units or to purchase units and then resell them after placing a deed restriction upon the property and selling them for a more affordable price. Vail Land Use Plan The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals, objectives and policies are relevant to the review of this proposal: Vail Land Use Plan 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 23 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the proposed development furthers the above referenced goals, objectives and policies and, therefore, is in compliance with the Vail Comprehensive Plan. 5. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Cornerstone development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. 6. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Site Plan Staff believes the proposed site design will have positive overall impacts on the appearance and functionality of the area. The site is a steep hillside resulting from development of Westhaven Drive (fill) and is vegetated with native grasses (re-seeded after construction of Westhaven Drive). There are no trees or other significant vegetation on the site and the site has been used for snow storage and construction staging historically. Therefore, the development of the Cornerstone Building poses no negative impact on "natural features". On the contrary, Staff believes that development of this site will complete the overall development plan for Cascade Village and will provide much needed enhancements to sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality of the area as a portal to Vail Mountain. Building Design Staff believes the proposed building is designed to increase or enhance functionality of the area while being responsive and sensitive to the aesthetic quality of the community. 24 Therefore, Staff believes the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the applicant will increase the functionality of the site. 7. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The applicant is proposing changes that will generally improve on-site parking and maneuverability and which will greatly enhance pedestrian circulation around and through the site. Specifically, the applicant has agreed to install off-site portions of sidewalk connections identified by the Town of Vail Public Works Department along Westhaven Drive and is providing new pedestrian plaza and skier passageway improvements on the Cornserstone site. In addition, the applicant proposes to participate in improvements to Westhaven Drive, including the provision of a bus turn around, skier drop-off and a potential left turn lane for exiting movements out of Cascade Village. 8. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that the landscape plan greatly enhances the aesthetic quality of the area by providing new pathways, plantings and ground covers where none exist today. By completing development in this area, the plaza connection, or pedestrian way from the hotel to the Cascade Village chairlift will now include new pathways and (heated) paver areas, a gas fire pit/gathering place and significant new plantings of native trees and shrubs. These plantings will form the first level of perception from the pedestrian level between pathways and the Cornerstone Building. Plantings are also proposed on the plan in a manner and location to strategically "soften" or break-down building mass and height. 9. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. 25 V. STAFF RECOMMENDATION A-vwfa,W I NS The Community Development epartment recommends that the Town Council approves, with conditions, request for first reading of Ordinance No. 5, Series of 2008, repeali.ng_an reenacting Ordinance No. 10, Series of 2008, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive Should the Council choose to approve the request, the Department of Community Development recommends the Council pass the following motion: "The Town Council approves, with conditions, the first reading of Ordinance No. 5, Series of 2008, repealing and re-enacting Ordinance No. 10, Series of 2008, Cascade Village, amending and re-establishing the approved development plan for Area A of SDD No. 4, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of a mixed use development, located at 1276 Westhaven Drive /Cascade Village Subdivision, and setting forth details in regard thereto. " Should the Council choose to approve this amendment, the Community Development Department recommends the following conditions: 1. 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. 2. That the Developer pays in full, the employee housing mitigation fee of $691,476.44 prior to the issuance of a building permit. 3. 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. NOT- pad~051W_() 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 26 the Developer making application for the issuance of a building permit. 4. 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. 5. 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. 6. 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 for a minimum of one (1) public art improvements to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type 111 deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. Should the Council choose to approve this amendment, the Community Development recommends the Council makes the following findings: "The Town Council finds: That the 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 Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission and Section IV of the Staff's July 1, 2008, memorandum to the Town Council; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission and Section IV of the Staff's July 1, 2008, memorandum to the Town Council; and 27 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does 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, based upon the review outlined in Section Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission and Section IV of the Staffs July 1, 2008, memorandum to the Town Council. VI. ATTACHMENTS A. Staff memorandum to PEC dated January 28, 2008 B. Ordinance No. 5, Series of 2008 C. Memorandum by Pylman and Associates, Inc. dated June 10, 2008 D. Plans by GPSL Architects dated June 12, 2008 28 Attachment A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc. Planner: Scot Hunn SUMMARY The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc., has requested final review by the Planning and Environmental Commission for a Major Amendment to Special Development District No. 4, Cascade Village, to allow for the development of a mixed use project on the property known as the Cornerstone site, inclusive of: o One (1) building containing a total of twenty three (23) free market condominiums (55,931 sq. ft. of GRFA), four (4) deed restricted, Type III employee housing units (EHUs) and two levels of underground parking, for a total of eight (8) stories above pedestrian plaza grade on the south side of the building; o Enhancement of skier drop-off pedestrian access through subject property, including a snow melted and covered exterior staircase and dedicated elevator from Westhaven Drive level to the plaza level below; o Improvement (re-development) of lift ticket sales office (skier services), public plaza areas and the provision of public bathrooms adjacent to the existing Cascade Village chairlift; and o Completion of sidewalk links and certain other on-site and off-site improvements Final Plan review is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re- development of this site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: o The Town of Vail Land Use Plan o The Town of Vail Municipal Code o Ordinance No. 31, Series 2007, Major Amendment to Special Development District No. 4, Area A, Cascade Village Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the development application, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. To this end, Staff is recommending approval, with conditions, of the Major Amendment to SDD No. 4, as detailed in Section IX of this memo. DESCRIPTION OF THE REQUEST Purpose of Review The purpose of this meeting is to conduct a final plan level of review relative to the Cornerstone project's conformance with the Town of Vail Land Use Plan, as well as the applicable sections of the Town of Vail Municipal Code. As well, Staff has reviewed this proposal against previously established development standards, contained with the ordinance language for SDD No. 4, Cascade Village, for the Cornerstone Site. Project Overview The attached plan sets (Attachment B) dated January 23, 2008, submitted by the applicant depict proposed improvements including but not limited to: Lower Parking Level • 20,304 sq. ft. (gross) area • Parking area to accommodate accessible space • Internal vehicular access ramp • Ancillary mechanical and trash elements (stairwells/elevator shafts; 33 spaces, including one ADA space and common circulation Upper Parking Level (Plaza Level) • 19,961 sq. ft. (gross) area • Parking area to accommodate 23 spaces, including three (3) ADA accessible spaces • Ancillary mechanical space and common circulation elements (stairwells/elevator shafts) • 623 sq. ft. (gross) skier services (commercial) square footage located on the plaza level including a three-window ticket sales area and administrative office space • Owner ski lockers, Owner Lounge and skier services facilities, including a 3-window ticket sales area, administrative office space and public restrooms • Two public restroom facilities (481 sq. ft) • Common elements Ground Level Residential (Westhaven Drive Ground Level) 2 • 18,787 sq. ft. (gross) area • Four (4) 933 square foot, Type III employee housing units (EHUs) located within the West Wing of the building • Three (3), one-story free market condominium units • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) • Common elements Level One Residential • 16,811 sq. ft. (gross) area • Six (6), one-story free market condominium units • "Skier Passage" way from Westhaven Drive drop-off point on the North side of the building to new snow melted (covered) stairwell on South side of the building • Common elements Level Two Residential • 14,284 sq. ft. (gross) area • Four (4), one-story within the West Wing of the building • Two (2), two-story (main plus loft) free market condominium units within the East Wing • Common elements Level Three Residential • 13,217 sq. ft. (gross) area • Four (4), one-story free market condominium units within West Wing of the building • Two (2), two-story (main plus loft) free market condominium units within East Wing of the building • Common elements Level Four Residential • 7,594 sq. ft. (gross) area • Two (2), one-story free market condominiums within the West Wing • One (1) two-story (main plus loft) free market condominium unit within West Wing of the building • Common elements Level Five Residential • 4,615 sq. ft. (gross) area • One (1) two-story (main plus loft) free market condominium • Loft area for one (1) units in West Wing of the building • Common elements Level Six Residential • 1,814 sq. ft. (gross) area • One (1) loft for two-story level five 0 Common elements Of note is the creation of four (4), deed restricted Type III employee housing units (EHUs), a heated pedestrian plaza ("Skier Passage") and stair well off of Westhaven Drive providing access to the plaza level. In addition, the applicant is working with the Town of Vail to design and construct certain sidewalk, turn land, bus lane and skier drop-off improvements within and around the Westhaven Drive. Applicable Review Criteria To this end, review of the Cornerstone Building project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary Findings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 31, Series of 2007 - An Ordinance Amending and Re- Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND Special Development District No. 4 Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve revisions to the Cascade Residences ("CMC" Building) development in 2007. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site Area E Tract K 4 The entire Cascade Village site is approximately 97.5 acres. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. Cornerstone Site History The Cornerstone site is located south of Westhaven Drive, between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference center. The total site area is 0.6977 acres in size and slopes steeply from Westhaven Drive to the hotel terrace and Cascade Village chairlift level. The chairlift is located immediately adjacent to the site and a public pedestrian easement allows for access across the site from Westhaven Drive to the chairlift. The adjacent Waterford site (Liftside Condominiums) and the Cornerstone site are the only two development parcels within the SDD permitted to establish separate development plans. In 1992 the Town of Vail Planning and Environmental Commission recommended approval of the development plan for the Waterford (Liftside Condominiums) and Cornerstone buildings; the Vail Town Council subsequently approved the development plan via Ordinance No. 7, Series of 1993. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: o 41,010 total (gross) square feet of building area; o 64 Transient Residential Units/28,110 square feet of GRFA; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; o 11,100 square feet of retail/commercial space; o 56 on-site parking spaces for residential uses; o 37 on-site parking spaces for retail commercial uses o 71 foot building height limit Current Proposal On September 24, 2007, the Planning and Environmental Commission held a work session to discuss a concept for the proposal. At that time, the applicant proposed a similar design for one building, with two separate wings. The West Wing of the previous design showed a maximum height of 82 feet with the East Wing measuring 71 feet in height. However, in response to concerns voiced by adjacent property owners and the Planning and Environmental Commission, concerning building height, views and massing, the applicant revised the plans to: • Relocate condominium units from the East Wing to the West Wing, thus increasing the mass and height of the West Wing by adding one floor for a total of eight (8) stories above grade (as measured from the Plaza Level - on the south side of the building) and reducing the height of the East Wing to mitigate concerns from Liftside Condominium property owners. On November 26, 2007, the Commission held another work session to review the revisions. At that meeting, the Commission expressed general support for the revised plans and elevations. However, two Commissioners expressed concern regarding proposed building heights at the West Wing of the development. Specifically, Commissioner Kjesbo recommended that the applicant study the massing and absolute height apparent on the south elevation, due to this elevation's proximity to the pedestrian plaza between the proposed Cornerstone Building and the existing Vail Cascade Hotel "Terrace" Wing. Commissioner Pierce suggested that the applicant mitigate the apparent mass of the West Wing by introducing additional building and roof mass at the lower levels of the building, facing the pedestrian plaza. Since the November 26, 2007, meeting, Staff has met with the applicant several times to discuss issues related to building massing and height, as well as, to work towards resolution on the following outstanding issues: Westhaven Drive Improvements - turn lanes, bus turn-around, skier drop- off; and Snow storage. At this time, the applicant requests final review of the site and building plans only. Targeted date of construction is spring, 2009. The Town Staff and the applicant have agreed to continue to work towards mutually agreed upon design solutions for any and all required improvements to Westhaven Drive and any ancillary sidewalk and snow storage improvements. (A concept sketch of Westhaven Drive design solutions is included in plans provided under attachment B). IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. Design Review Board: 6 The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) District, Vail Municipal Code (in part) Chapter 9 - Special and Miscellaneous Districts 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-9A-10: AMENDMENT PROCEDURES (In part) B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Ordinance No. 31, Series of 2007 An Ordinance Amending and Re-Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code and Setting Forth Details in Regard Thereto. (In part) Ordinance No. 7, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New 7 Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto (In Part) Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto (In Part). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential VI. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. ZONING ANALYSIS Staff has completed a zoning analysis, comparing in some instances the previously approved (now expired) development plan for the Cornerstone Site, with current or proposed plans. As well, Staff has provided general development standards and overall figures for Cascade Village, Area A as the certain standards apply to the entire planning area. Lastly, "Per Dev. Plan" refers to the process by which certain allowable standards are established via the approval of the individual development plan. Legal Description: Cascade Village (Cornerstone Site) Parcel No. 210312119001 Address: 1276 Westhaven Drive Lot Size: .69 acres (30,056 sq ft) Zoning: Special Development District No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort / Spa Development Standard Allowed/Req. Exist/Approved* Proposed Lot Area: N/A 30,056 sq. ft. No Change Buildable Area: 30,056 sq. ft. No Change Setbacks North: Per Dev. Plan 5' 3' South: Per Dev. Plan 2'-6" 4' East: Per Dev. Plan 1'-6" 5' West: Per Dev. Plan 2' 5'** Building Height: 71' 71' 91, Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 245 DU*** 268 DU GRFA (Area A): 289,145 sq. ft. 239,680 sq. ft. 55,931 sq. ft.**** 9 Comm. Sq. Ft. (Area A): 35,698 sq. ft. 24,598 sq. ft. 623 sq. ft. or 25,221 sq. ft. Site Coverage (Area A): 45%***** or 36% 40% Per Dev. Plan Landscape Area (Area A): 50% 64% 60% Parking (Cornerstone): 93 spaces****** 93 56 spaces VII. VIII. Note: * Existing or approved refers to development standards approved via the 1993 development plan (now expired) and are provide for information and comparison purposes only. West side setback measured from property line to exterior wall of residential building; applicant proposes parking ramp to be built off property, on adjacent "Plaza Wing" with the creation of an access easement. Total existing density includes approval of additional dwelling units proposed within the Cascade Residences, pursuant to File No. PEC07-0058. Applicant proposes to increase the total allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (total increase of 6,466 sq. ft.) to accommodate development of the Cornerstone Site; due to previously approved density (GRFA) at other parcels within Area A since original approval of the Cornerstone building in 1993, less GRFA is now available for the development of the Cornerstone Site than was originally anticipated. Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to 45%. SDD No. 4 states that "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." Staff believes that this requirement is no longer valid due to previous development plans which contained larger amounts of commercial and residential square footage has expired. The current proposal requires 56 parking spaces. SURROUNDING LAND USES Land Use Zoning * North: Parking Structure/Liftside Condos SDD No. 4 South: Vail Cascade Hotel/Glen Lyon Sub. SDD No. 4 East: Common Area/open space/ Rec SDD No. 4 West: Vail Cascade Hotel SDD No. 4 Note: According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. REVIEW CRITERIA The following section of this memorandum is included to provide the Applicant, community, Staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. 10 Chapter 9 - Special and Miscellaneous Districts 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Overall Compatibility The Applicant is proposing a major amendment to the special development district which Staff believes will have positive overall impacts on the appearance and functionality of the area. Specifically, the Cornerstone Site is the last development site within Area A, and therefore presents opportunities to complete the overall development plan for Cascade Village and provide needed amenities to the larger community. Specifically, Staff suggests that the following improvements will enhance the site's compatibility, and as public benefits, will greatly improve the character, identity, and visual integrity of the neighborhood: • Enhanced skier passage way/entry portal to Cascade Village Chairlift; • Sidewalk connections within and around the site; • Enhanced Pedestrian Plaza area between existing Terrace Wing of the hotel property, and the proposed Cornerstone Building; and • Creation of bus turn around and skier drop off. Design of the site and proposed buildings reinforces the connectivity of the Cornerstone site to the rest of the Cascade Village Area. As well, the design generally enhances the architecture, scale, bulk and visual character of the surrounding neighborhood by incorporating massing, building materials, roof forms and compositions that relate to the surrounding built environment. Massing has been revised to mitigate impacts on adjacent structures (Liftside Condominiums) and the applicant has made certain other revisions to balconies and fenestration around the building which Staff believes will positively affect building mass, bulk, building height and character of the immediate and surrounding environment. However, as the plans are further developed, the applicant will be required to address the following areas of concern regarding specific design issues related to design and construction of on-site and off-site improvements at the Westhaven Drive entrance, including but not limited to: • Turn lanes; • Adequate queuing areas; • Landscaped and irrigated medians; • Six foot wide sidewalk connections from the proposed skier portal to the South Frontage Road on both sides of Westhaven Drive • Ten foot wide sidewalk connection along the South Frontage Road from the western most point of the Cascade Parking/Conference Center building to a point in front of the Liftside Condominiums, approximately 680 feet in length (including a crosswalk); • Bus turn around and bus stop meeting Town of Vail and ECO standards; • Three space skier drop-off; • Landscaping; and • Adequate snow storage areas as approved by the Town of Vail Public Works Department. Bulk and Mass Staff believes the proposed improvements are consistent with the Vail Comprehensive Plan. While the overall mass of the building will surpass (in height) previously approved buildings on this site, Staff believes that the Applicant has presented plans that enhance the overall massing, composition and appearance of the planning area (Area A, Cascade Village) by introducing compatible roof forms, as well as, new roof forms that step and which will add variety to the overall roof composition throughout Area A. In addition, Staff believes the proposed application of exterior materials, specifically the introduction of substantial amounts of stone veneer at key locations (foundation level), the introduction of secondary roof structures, the revisions to the placement and size of certain balconies and window openings, and the continued use of stucco as a predominant "Cascade Village" material, aid in "stepping down" the mass of the building from the pedestrian level. Building Height Staff believes, despite a proposed maximum building height of 91 feet in one area of the building, the proposed building heights for both the West and East wings of the building are generally compatible and sensitive to the immediate environment. Pursuant to Ordinance No. 31, Series 2007, building height for SDD No. 4 is calculated as follows: "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." Further, that: "Cornerstone Building: Maximum height of 71 feet. " 12 Although the proposed maximum height of the West Wing is now shown at 91 feet, as measured to existing grade on the south (pedestrian plaza) side of the development, Staff believes that the overall building heights for both wings are appropriate in context to surrounding structures, as well as, the overall Cascade Village development. Approved building heights within Area A (according to development standards listed in SDD No. 4, Ordinance No. 31, Series 2007) range from 26 feet to 71 feet. By comparison, building heights proposed within the Cornerstone Building range from approximately 42 feet to 91 feet. Also, Staff has calculated that approximately 30% of the overall roof mass is above 71 feet. As discussed in previous meetings with the Planning and Environmental Commission, the proposed building massing and height may actually enhance the perceived variation in roof height within Area A, thus producing a positive "mix" of roof heights and building masses which reinforce the tightly clustered "Village" concept. Further, as depicted on the photo overlays provided by the applicant, the proposed West Wing of the Cornerstone Building, while taller than the adjacent Liftside Condominiums building (55 feet tall on the north/frontage road side), presents a similar appearance (between 57 feet and 75 feet tall on the north side) when viewed from 1-70 and the frontage roads. Character As stated above, Staff believes the proposed improvements will result in a positive, or beneficial, impact to the surrounding area. The manner in which the Applicant proposes to integrate the building's mass, roof compositions and forms, fenestration and exterior building materials enhances or reinforces the Cascade Village architectural style and character. Other improvements to enhance the skier drop-off, skier passage way and pedestrian plaza areas will provide a much needed upgrade to the pedestrian experience of this portal to Vail Mountain. Setbacks Ordinance No. 31, Series of 2007, states the following relative to required setbacks prescribed within Area A, in part: "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..." "All buildings shall maintain a 50 foot stream setback from Gore Creek. " The current proposal establishes the building footprint at the approximate distances away from property lines: North: 3 feet; South: 5 feet; East: 5 feet; and West: 2 feet (2' between the proposed parking ramp and the existing "Plaza Wing" of the hotel/5' between the western property line and the exterior wall of the proposed Cornerstone Building). The previously approved development plan established the building footprint approximately 5 feet from the North property line; 2 '/2 feet from the South property line; 1 '/2 feet from the East property line, and; 2 feet away from the West property line. 13 Therefore, Staff believes that the current proposal generally provides for better separation between the proposed buildings and the footprints of adjacent buildings. As well, Staff suggests that the current proposal could be construed to create less visual impact to adjacent properties closest to the East property line. Lastly, there is more distance (by approximately 3 feet) provided between Gore Creek and the proposed structure. Site Coverage Ordinance No. 31, Series of 2007, states the following relative to 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. " Staff has calculated the existing site coverage within Area A at approximately 34% of the total land area. As proposed, the Cornerstone Building (total individual site coverage of approximately 67% of the Cornerstone site) brings the total site coverage for Area A to approximately 37%. Therefore, Staff believes that the proposal complies with, or does not adversely impact, this standard applied to the overall development area (Area A). B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes the proposed uses, activities and density continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. Specifically, the proposed uses are primarily residential (mulit- family and employee housing), with limited first floor commercial (skier services), both uses by right and both uses that are similar to surrounding multi-family, lodge and commercial uses. The design of the project respects surrounding structures, uses and activities by providing generally compatible building massing, roof forms and composition, architecture and by providing enhanced skier drop-off improvements and pedestrian plaza serving the overall neighborhood. As well, the project's design is respectful of surrounding uses and activities by not adversely impacting existing loading and delivery (service) areas or shifting any parking burden onto the overall development. Staff suggests that while the building is compatible with surrounding sites, the applicant shall be required to demonstrate that proposed parking ramp improvements on the west side of the site will not adversely impact the adjacent "Plaza" site. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state the following with specific reference to Area A and the Cornerstone Site: 14 "Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario 1, where 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 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. " Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units" (TRs), free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a .4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a .1 space per 100 sq. ft. ratio accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the 1993 development plan was 91 spaces. The current proposal contains no Transient Residential/accommodation units or commercial square footage. In addition, the twenty three (23) free market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the previous 32 units approved for the site. Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal requires 56 spaces. 56 spaces are proposed within two levels of structured parking. Therefore, Staff believes the proposal complies with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Employee Housing Provision Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "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. " Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the 15 Cornerstone Building shall have a minimum square footage of 600 square feet. " In addition to previously established requirements of SDD No. 4, the development of the Cornerstone Building is subject to the Town' Employee Housing regulations, specifically Ordinances 7 & 8. In February of 2007, the Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which enacted regulations for the provision of employee housing units through several possible mitigation methods for all projects in the Special Development District. Within these ordinances a nexus was established between commercial and residential development and the generation of employees was established. In adopting these ordinances a methodology was established to determine the impact of a commercial and residential development on the need for employee housing at a goal of providing 30% of the housing generated by a project. Furthermore. there were provisions for meeting the requirement for providing employee housing through several different options or combination of options. The options include: • Provision of on-site units; • Conveyance of property on-site; • Provision of off-site units; • Payment of fees-in-lieu; and • Conveyance of property off-site A proposed development or redevelopment may choose to propose any of the above options or combination of options. Within the two Ordinances, the Planning and Environmental Commission was given the authority to review an applicant's proposal for mitigating the employee generation of a project and grant approval of the proposal. There are some specific instances were the Town Council must also accept the proposal for mitigating the employee requirement generated by a project. The Staff has reviewed the proposal for compliance with Ordinance No.(s) 7 and 8, Series of 2007, and found it to be accurate in calculating the mitigation requirement for the proposed Cornerstone Building project. Staff has attached the proposed mitigation plan, as outlined in Section 3.5 of the Project Overview/Summary by Pylman & Associates (Attachment B). At its November 26, 2007, public hearing several members of the Commission suggest that the proposed mitigation of providing four EHUs on-site, in addition to providing the remainder of the mitigation as pay-in-lieu, was appropriate. Within the Plan the applicant proposes to mitigate the housing requirement, based on a total (new) gross residential floor area (GRFA) of 55,931 square feet, by the incorporation of four (4) employee housing units on site measuring 933 square feet each (3,732 sq. ft. total), and a Residential Mitigation payment-in-lieu in the amount of $49,595.65. In addition, the applicant proposes new ticket sales and office space totaling 623 square 16 feet. There are currently approximately 350 square feet of ticket sales and office space on site. Therefore, the net increase in commercial (retail) square footage is 273 square feet. The following calculations provide an analysis for employee housing, payment-in-lieu mitigation to be required: Residential Mitigation Calculation 55,931 sq. ft. (new) GRFA x 10% = 5,593 sq. ft. mitigation required 5,593 sq. ft. required - 3,732 sq. ft. proposed = 1,861 sq. ft. remaining 1,861 sq. ft. x $236.65/sq. ft. = $49.595.65 payment-in-lieu required Commercial Mitigation Calculation: 273 sq. ft. (net new) commercial space 273 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area = .13 .13 employee mitigation requirement x $131,385.00 = $ 71$Q Total Mitigation Required: Residential Mitigation: $49,595.65 Commercial Mitigation: $17,080.05 Total: $ 7 .7 Currently the Town has no plan for the funds that may be collected from the payment-in-lieu option for mitigating housing requirements. Funds collected from this option could be used to construct units or to purchase units and then resell them after placing a deed restriction upon the property and selling them for a more affordable price. Vail Land Use Plan The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals, objectives and policies are relevant to the review of this proposal: Vail Land Use Plan 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 17 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the proposed development generally furthers the above referenced goals, objectives and policies and, therefore, is in general compliance with the Vail Comprehensive Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Cornerstone development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Site Plan Staff believes the proposed site design will have positive overall impacts on the appearance and functionality of the area. The site is a steep hillside resulting from development of Westhaven Drive (fill) and is vegetated with native grasses (re-seeded after construction of Westhaven Drive). There are no trees or other significant vegetation on the site and the site has been used for snow storage and construction staging historically. Therefore, the development of the Cornerstone Building poses 18 no negative impact on "natural features". On the contrary, Staff believes that development of this site will complete the overall development plan for Cascade Village and will provide much needed enhancements to sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality of the area as a portal to Vail Mountain. However, Staff believes that the applicant should be required to work with the Town of Vail Town Engineer to create design solutions, both on and off- site, to provide adequate snow storage within and around the Westhaven Drive right-of-way. Specifically, the development of this site and the associated improvements to the bus turn around and skier drop off areas, while not necessarily causing more snow storage need, will impact the Town's ability to store snow within the Westhaven Drive right-of-way and within the Cornerstone site itself - a historical use of the site. Therefore, Staff believes that the applicant should also be required to provide a "Snow Storage" easement on the northeast corner of subject property, as part of a snow storage mitigation plan. Building Design Staff believes that the proposed building is designed to increase or enhance functionality of the area while being responsive and sensitive to the aesthetic quality of the community. Therefore, Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the applicant will increase the functionality of the site. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Applicant is proposing changes that will generally improve on-site parking and maneuverability and which will enhance pedestrian circulation around and through the site. Specifically, the applicant has agreed to install portions of sidewalk connections identified by the Town of Vail Public Works Department. In addition, the Applicant proposes to participate in improvements to Westhaven Drive, including the provision of a bus turn around, skier drop-off and a potential left turn lane, for exiting movements out of Cascade Village. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that the landscape plan greatly enhances the aesthetic quality of the area by providing new pathways, plantings and ground covers where none exist today. By completing development in this area, the plaza connection, or pedestrian way from the hotel to the Cascade Village chairlift will now include new pathways and (heated) paver areas, a gas fire pit/gathering place and significant new plantings of native trees and shrubs. These plantings will form the first level of perception from the pedestrian 19 level between pathways and the Cornerstone Building. Plantings are also proposed on the plan in a manner and location to strategically "soften" or break-down building mass and height. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention on the applicant's behalf to phase this project, however, should a phasing plan be proposed, this criterion must and will be met in full. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to a Special Development District, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for final review of a proposed major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site)/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC070055). " Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following conditions: That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. 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 20 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 Developer making application for the issuance of a building permit. 3. 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. 4. That the Developer pays in full, the employee housing mitigation fee of $66 675.70 prior to the issuance of a building permit. 5. 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. 6. 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 for a minimum of one (1) public art improvements to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type ll1 deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 21 That the 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 Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does 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, based upon the review outlined in Section Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission. X. ATTACHMENTS A. Vicinity Map B. Reduced Architectural and Engineering Plans C. Cornerstone report/analysis (by Rick Pylman, Pylman & Associates, Inc.) D. Ordinance No. 31, Series 2007, SDD No. 4 22 Attachment A 23 Attachment B ORDINANCE NO. 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 FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO 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 A, 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 1 Ordinance No. 5, Series of 2008 - First 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, 2 Ordinance No. 5, Series of 2008 - First 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 (deletions are shown in strike thrni g.1 /additions are shown in bold italics): 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 3 Ordinance No. 5, Series of 2008 - First Reading 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 performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in a multi-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 4 Ordinance No. 5, Series of 2008 - First Reading 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 five 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 29.100 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 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 VVatet#eFd 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 5 Ordinance No. 5, Series of 2008 - First Reading 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 12-7B- 3, (Commercial Core 1), Vail Town Code, except for in the GM Cascade Residences building, where office and edWGati 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 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 Mun+sipal Vail Town Code; 6 Ordinance No. 5, Series of 2008 - First Reading 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 MWRiGipaI 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 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. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, of the Conditional Use Permits, Vail Town Code. 7 Ordinance No. 5, Series of 2008 - First Reading 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 MuniGipal G Chapter 12-2, Vail Town Code. E. Area E, Tract K 1. Public parks. 8 Ordinance No. 5, Series of 2008 - First Reading 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 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 9 Ordinance No. 5, Series of 2008 - First Reading 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 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. 10 Ordinance No. 5, Series of 2008 - First Reading 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 dwelling units and a maximum of one h edGRe-(101) one hundred thirty one (131) dwelling units for a total density of Me 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 dwelling housing units 11 Ordinance No. 5, Series of 2008 - First Reading (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 289,145 356,680 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 Centro for the PrimaFy/SeGondaFy di6tFiGt of the 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. TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS 12 Ordinance No. 5, Series of 2008 - First Reading 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. Cse AGGOMmoda tion Bwe4ling Gommefs+a Parking Unmts Unets feet) 1 -Sure Provided Feet M+llrase 38 ;34;434 64 Liftside (WateFford) 29 + 2 E44" 47,500 Inn E H I's 56 Oassades 6 42 ,/n~/~e,.,cT7Tisthave 7 ' rs 43 , 29 G VYfCi Ga6Ga e rITJTRGT7vGp 44 4-3 Total On s*te*- 4-74 use Dwelling GRFA ( square t. GMMersia RaFkwng UR4 Units feet; 1-- SquaFe went Feet 448 a55;-4x7- 44,5 Chap's l-estaara 4,735 38 Hotel ~ 2L,8 4-8 4 6 FiresiT-TT'vaF p ~ tY 4,8 C ~5 43 TeFFaGe Rooms 4-K 541-G69 4-A5 Terrar.e Reta-4 &,-8-56 2-0 Plaza Roo 2-0 7-1~ 46 PlazaRetail 2;924 7 Plaza Cer>#erense 36 fitness Glub &I-86 39 Total PaFk*Pa--D----i,,!- ent for Uses Losted Ab 424- ove a+1~pl use 6r recd+t ~ at v -1r0 - (10%) -~-r /^71 c~-- n 42-379 Total Parkin S aGe6 Pr vided an Pa 424 g p - -Fe-- Total Extra 42 re 13 Ordinance No. 5, Series of 2008 - First 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 the best available information found at the time including floor plans and Staff memorandums. DUs AUs GRFA (sq ft)* EHUs Comm. Sq. Ft. On Site Parking Cascade Parking Structure 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 (approved) 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 S 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 SDDO q 14 Ordinance No. 5, Series of 2008 - First Reading Development Plans Area A, Cascade Village Site specific development plans are approved for Area A aRd Area D. The development ele"° for Area A-are~e +sed of these eland submitted by Vail Ve Rt Fes Ltd. a Thef . 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, Millrace IV, and AFea D GleR Lyon GommeFdal Site and is not all . 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. 15 Ordinance No. 5, Series of 2008 - First Reading 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, 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 111, 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. 16 Ordinance No. 5, Series of 2008 - First Reading 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 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. # Title Author ate -1.0 Title Sheet Morter Architects 03-15-05 -1.1 Vicinity Map orter Architects 01-31-05 -1.2 RFA Summary Morter Architects 03-15-05 -1.3 Spring Equinox Sun Shading orter Architects 01-31-05 -1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 -1.5 all Equinox Sun Shading Morter Architects 01-31-05 -1.6 Winter Solstice Sun Shading Morter Architects 01-31-05 -1.7 Site Plan Morter Architects 03-15-05 cool over Sheet Alpine Engineering 03-14-05 002 Grading Plan (West Half) Alpine Engineering 03-14-05 003 Grading Plan (East Half) Alpine Engineering 03-14-05 004 Storm Drainage Plan Alpine Engineering 03-14-05 005 rading and Drainage Details Alpine Engineering 03-14-05 006 Utility Plan Alpine Engineering 03-14-05 17 Ordinance No. 5, Series of 2008 - First Reading C007 Utility Details Alpine Engineering 03-14-05 008 Demolition Plan Alpine Engineering 03-14-05 L-1 Landscape Plan Dennis Anderson Assoc. 03-15-05 -2 Landscape Plan - Cascade Club Dennis Anderson Assoc. 03-15-05 2.0 Parking Level Plan Morter Architects 03-15-05 2.1 First Floor Plan orter Architects 03-15-05 2.2 Second Level Plan Morter Architects 03-15-05 2.3 Third Level Plan orter Architects 03-15-05 2.4 Fourth Level Plan Morter Architects 03-15-05 2.5 Roof Plan Morter Architects 03-15-05 3.1 Building A Elevations Morter Architects 03-15-05 3.2 Building B Elevations Morter Architects 03-15-05 4.0 Building Sections Morter Architects 02-14-05 4.1 Building Sections Morter Architects 02-14-05 4.2 Building Sections Morter Architects 02-14-05 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: wg. # Title Author ate -2.20 Second Floor Plan RKD Architects 01-28-07 -2.30 Third Floor Plan RKD Architects 01-28-07 -2.40 Fourth Floor Plan RKD Architects 01-28-07 -2.50 Fifth Floor Plan RKD Architects 01-28-07 -3.10 East and North Building Elevations RKD Architects 01-28-07 -3.20 West and South Building Elevations RKD Architects 01-28-07 * A maximum of 1000 sq. ft. Of GGITIMOR area, OR ad&OGR to the appFeved plaRS, may be 18 Ordinance No. 5, Series of 2008 - First Reading 43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets: wg. # Title Author ate 1 Landscape Plan Dennis Anderson 06-20-08 1 thematic Bus Turnaround Alpine Engineering 06-03-08 -2.00a Site Plan GPSL Architects, P. C. 06-12-08 -2.006 tie Plan GPSL Architects, P.C. 06-12-08 -2.01 Lower Level Parking GPSL Architects, P. C. 06-12-08 -2.02 Upper Level Parking - Plaza Level GPSL Architects, P.C. 06-12-08 -2.03 Westhaven Drive Ground Level GPSL Architects, P.C. 06-12-08 -Z04 Westhaven Drive Level One GPSL Architects, P.C. 06-12-08 -2.05 Level Two GPSL Architects, P.C 06-12-08 -2.06 Level Three GPSL Architects, P.C. 06-12-08 -2.07 Level Four GPSL Architects, P.C. 06-12-08 -2.08 Level Five GPSL Architects, P.C. 06-12-08 -2.09 Level Five Loft GPSL Architects, P. C. 06-12-08 -2.10 Roof Plan GPSL Architects, P.C. 06-12-08 -3.10 Elevation: West @ Loft Side GPSL Architects, PC 06-12-08 -3.20 Elevation: East @ Cascade GPSL Architects, P.C. 06-12-08 -3.30 Elevation: North and South GPSL Architects, P.C. 06-12-08 -3.40 E levation/Section: East @ Liftside GPSL Architects, P. C 0642-08 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. 19 Ordinance No. 5, Series of 2008 - First Reading 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 (deletions are shown in stroke-t#reug#/additions are shown in bold italics) 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 whiGh is 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 VVater€ord Liftside Condominiums bBuilding 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- based on the Two-Family Primary/Seconday Residential District, Section 12-6D-76, Setbacks, ofthe 20 Ordinance No, 5, Series of 2008 - First Reading PrimaryiSeGendary zone diStFiGt 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 (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. WaterfoFd Liffside 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 21 Ordinance No. 5, Series of 2008 - First Reading 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. 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. 22 Ordinance No. 5, Series of 2008 - First Reading 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 wheFe where 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 Waterford Liftside Condominiums bBuilding 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 56 enclosed parking spaces located within the Cornerstone building with 37 of the required spaGes available to the 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. 23 Ordinance No. 5, Series of 2008 - First Reading 6. Phasing: All required parking for Cornerstone and WatwfeF Liffside 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 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. 24 Ordinance No. 5, Series of 2008 - First Reading 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 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. 1. All trash compactors and trash storage areas shall be completely enclosed within 25 Ordinance No. 5, Series of 2008 - First Reading 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 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. 26 Ordinance No. 5, Series of 2008 - First Reading 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 here+rf , as set forth in Ordinance No. 12, Series of 2005. The developer(s) of Area A shall build a minimum of 2 within the Liftside (VVateFfC)Fd Building) Condominium Building. EaGh employee unit On the COMerstene BuildiRg shall have a MiRiMUM squaFe feetage of 600 square feet. There shall be a total of 2 employee dwelling units in the fiord 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 27 Ordinance No. 5, Series of 2008 - First 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. 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. 28 Ordinance No. 5, Series of 2008 - First Reading Section 4. 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 5. 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 6. 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 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. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 29 Ordinance No. 5, Series of 2008 - First Reading Attachment C MEMORANDUM TO: Scott Hunn FROM: Rick Pylman DATE: June 10, 2008 RE: Cornerstone Condominiums, Cascade Village, SDD # 4 The purpose of this memo is to provide brief background information and to describe changes to the Cornerstone Condominiums plans that reflect input from town staff and Town Council. DESCRIPTION OF THE REQUEST L-O Westhaven, Inc. is requesting a Major Amendment to Special Development District #4, Vail Cascade, to allow for development plan approval for the Cornerstone site. The Cornerstone site is located within Area A of Cascade Village. A development plan was approved via Ordinance No.I Series of 1993, however, development of the site has not occurred. BACKGROUND On January 28, 2008 the Town of Vail Planning and Environmental Commission voted 6-0 to recommend approval, with conditions, of the proposed amendment to SDD #4. On February 19, 2008 the Town Council tabled the first reading of Ordinance No. 5, Series of 2008. The council articulated several issues with the proposed development plan. (1) The development plan represented an increase of 2,494 square feet above the total GRFA currently approved/calculated for Area A of Cascade Village, according to Town of Vail staff calculations made at that time. Direction to the applicant was that GRFA should remain within the limitations of the current approval for Area A. (2) The proposed building heights ranged from 60' at the east wing of the building to 91' at the west wing. The allowable building height specified for Cornerstone is 71'. General direction was given to lower the building height and several council members directed building height to remain within the 71' limitation. (3) Other issues included the level of public benefit proposed in relation to the requested deviation from GRFA and building height, and questions regarding overall Cascade Village parking requirements and overall Cascade Village EHU requirements. On April 15, 2008 the applicant also met with the Vail Town Council in an evening work session format to clarify height and employee housing comments made at the January 28 hearing. Additional comments made by Town Council included: (1) Keep building height at approved level of 71' (2) Maintain 50% of required EHU space on-site. (3) Add to the public benefit of the project by addressing the skier drop-off and snow storage issues at Westhaven Drive. RESPONSE TO TOWN COUNCIL DIRECTION GRFA We have revised the building plans to reduce GRFA by removing 3,092 square feet from the building. This brings the building below the current allowance for Area A by over 500 square feet as had been previously calculated by staff. Since the April 15, 2008 work session additional information has been discovered by Town Staff that raises significant questions about the overall GRFA calculations for Area A. This issue is beyond our control, affects at least one previous redevelopment approval granted by the Town and will need to be discussed in detail with Town Council. BUILDING HEIGHT The architectural plans have been amended to maintain a building height of 71'. This building height is in conformance with the building height limitations in the applicable SDD # 4 approvals and ordinances. EHU The plans have been amended to incorporate over 50% of the required EHU space on-site. Although this is not a requirement of this project the applicant will comply with the Town Council suggestion to include 50% of the EHU space on-site. The proposed building GRFA is 48,407 sq. ft., the 10% required EHU space therefore equates to 4,841 sq. ft. In addition there is a 54.6 sq. ft. requirement for the increase in size of the lift ticket sales office. Therefore the total mitigation requirement is 4,895.6 sq. ft. We are proposing 2,621 sq. ft. on-site. This equates to 53% of the required EHU space on-site. The remainder will be met via either pay-in-lieu or by an off-site provision. SKIER DROP OFF/SNOW STORAGE /PUBLIC BENEFIT The applicant and the Town of Vail Engineering and Public Works staff have met several times to review this issue and discuss potential solutions. The applicant then developed a plan for the Westhaven Drive area that incorporated all of the Town staff suggestions and we believe adequately addresses the snow storage and skier drop off concerns. The plan provides a snowmelt system for a large portion of the cul-de-sac area, creates additional functional snow storage/landscape areas that are designed to be fully accessible by snow removal equipment, delineates bus lanes and skier drop off areas and presents a much improved design and landscape improvement to this area. The plan also includes the Westhaven Drive left turn lane and a sidewalk along the west side of Westhaven Drive to the Frontage Road intersection as requested by the Town staff. This plan was designed in conjunction with Town staff and has the support of the Public Works Department. Additional public benefits above and beyond the Westhaven Drive improvements include: A commitment for an expenditure of $50,000 towards public art. This public art commitment will meet the Town of Vail standards adopted for Art in Public Places. The significant improvements to the public skier experience that include a skier dedicated elevator that creates full accessibility to this chairlift, a covered skier access staircase, new lift ticket windows and offices, new public bathrooms and a snowmelted plaza with a firepit area. This plaza area is the most likely location for the public art component mentioned above. A fully functional loading zone that will be shared with our neighbors, potentially eliminating the on street loading that often occurs at the conference center location. SUMMARY The proposed revisions to the Cornerstone building has resulted in a decrease in building height, GRFA and has reduced the number of proposed units to 22 free market units. The applicant has incorporated all of the input and recommended revisions from Town Staff and Town Council. The project proposes significant improvements that will benefit the general public, the overall community and the neighborhood. The building height is consistent with the approved SDD. The bulk and mass of the building are in conformance with the bulk and mass of previous approvals for this site. May 19 08 12:17p Jack Hardy 9704797403 p.2 05/19/09 10:31 FAR 55201087 14 02 Liftside Condominium Association 1234 Westbaven Drive Vail, Colorado 81657 May 14, 2008 The Honorable Dick Clcveland 75 South Frontage Road Vail, CO 81657 RE- Cornerstone Pnaject, Vail Cascade Dear Mayor Cleveland: JUL o _ 2008 1 TOWN ni= VAIL I am an owner of Unit C-42 in the Lift.;ide Condominium complex. I am writing to voice my objection: to the Cornerstone Project- The Proicct, as initially proposed, contained a tower 70 feet in height on tht east side and a tower 80 feet in height CM the west side. To mitigate the impact on Liftside, the Association and its architect suggested that the east tower of the Projcct be lowered 10 feet and the west tower be raised 10 feet. The developer accepted our proposal, and revi%ed ire plans to include an east tower of 60 feet and a west tower of 90 feet. The devclopcr presented the rerised plans to the PF.C, which voted 6-0 14.1 recommend approval. 1 strongly ohjcc:t to any changes to the plans which allow a height of 71 feet for the east tower. The restricted view; and lack of natural light would have a negative impact on Liftside. The visual impact of a 90 foot west tower would be minimal as the affected structure to the north is the parking garage and tetutis building; ut Cascadc/Aria Health Club. I support plans for the Project which include an east tower of 60 fuct. sho ld o have any questions nr require additional information i ntay be contacted at _ zither the a ove a dress or by le1cphone at 011(52)5 525918221 Sincerely, Jorge Ferna dz ' Owner, Lit ide vondomtnuim A~~oci tii,n May 19.08 12:17p Jack Hardy 9704797403 p.3 LIFTSIDE CONDOMINIUM ASSOCIATION 1234 WESTHAVEN DRIVE VAIL, COLORADO 81657 May 14, 2008 The Honourable Dick Cleveland 75 South Frontage Road Vail, CO 81657 RE: Cornerstone Project, Vail Cascade Dear Mayor Cleveland: JUL 0 ~ 2008 TOWN OF VAIL I am an owner of Unit A-62 in the Liftside Condominium complex. I am writing to voice my objections to the Cornerstone Project. The project, as initially proposed, contained a tower 70 feet in height on the east side and a tower 80 feet in height on the west side. To mitigate the impact on Liftside, the Association and its architect suggested that the east tower of the Project be lowered 10 feet and the west tower be raised 10 feet. The developer accepted our proposal, and revised its plans to include an east tower of 60 feet and a west tower of 90 feet. The developer presented the revised plans to the PEC, which voted 6-0 to recommend approval. I strongly object to any changes to the plans which allow a height of 71 feet for the east tower. The restricted views and lack of natural light would have a negative impact on Liftside. The visual impact of a 90 foot west tower would be minimal as the affected structure to the north is the parking garage and tennis building at Cascade/Aria Health Club. I support plans for the Project which include an east tower of 60 feet. Should you have any questions or require additional information I may be contacted at either the above address, by telephone at 011-5255-5278-8513 or by e-mail egtCc)autec.com.mx. Sincerely Owner, Liftside Condominium Association Eduardo Guajardo Guamo Corp. Mai 19.08 12:18p Jack Hardy 9704797403 p.4 Liftside Condominium Association 1234 Westhaven Drive Vail, Colorado 81657 p ~~V--'~' IE oM9 JUL 0:2008 Ma.y 14, 2008 The Honorable Dick Cleveland 75 South Frontage Road Vail, CO 81657 RE: Cornerstone Project, Vail Cascade DezT Mayor Cleveland: TOWN OF VAIL I am an owner of Unit C-52 in the Liftside Condominium complex. I am writing to voice my objections to the Cornerstone Project. The Project, as initially proposed, contained a tower 70 feet in height on the east side and a tower 80 feet in height on the west side. To mitigate the impact on Liftside, the Association and its architect suggested that the east tower of the Proj ect be lowered 10 feet and the west tower be raised 10 feet. The developer accepted our proposal, and revised its plans to include an east tower of 60 feet and a west tower of 90 feet The developer presented the revised plans to the PEC, which voted 6-0 to recommend approval. 1 strongly object to any changes to the plans which allow a height of 71 feet for the east tower. The restricted views and lack of natural light would have a negative impact on Liftside. I support plans for the Project which include an east tower of 60 feet. I would like the Town of Vail authorities to consider when authorizing this project that strong request should be made to the developer for the following items: 1. Snow removal. In this area you always have a huge accumulation of snow when they do the snow cleaning. 2. There is a big problem for drop off skiers since there is only a very limited space available. Should you have any questions or require additional information I may be contacted at either the above address or by telephone at (979) 479 1822. Sincerely, Miguel Madero Owner, EA Holdigns LLC Miguel Madero President May 19 08 12:18p Jack Hardy 9704797403 Liftside Condominium Association 1234 Westhaven Drive Vail, Colorado 81657 May 14, 2008 The Honorable Dick Cleveland 75 South Frontage Road Vail, CO 81657 RE: Cornerstone Project, Vail Cascade Dear Mayor Cleveland: p.5 JUL 0:2008 IDI i TOWN OF VAIL I am an owner of Unit B-32 in the Liftside Condominium complex. I am writing to voice my objections to the Cornerstone Project. The Project, as initially proposed, contained a tower 70 feet in height on the east side and a tower 80 feet in height on the west side. To mitigate the impact on Liftside, the Association and its architect suggested that the east tower of the Project be lowered 10 feet and the west tower be raised 10 feet. The developer accepted our proposal, and revised its plans to include an east tower of 60 feet and a west tower of 90 feet. The developer presented the revised plans to the PEC, which voted 6-0 to recommend approval. I strongly object to any changes to the plans which allow a height of 71 feet for the east tower. The restricted views and lack of natural light would have a negative impact on Liftside. The visual impact of a 90 foot west tower would be minimal as the affected structure to the north is the parking garage and tennis building at Cascade/Aria Health Club. I support plans for the Project which include an east tower of 60 feet. Should you have any questions or require additional information I may be contacted at either the above address or by telephone at 970.479.0885. Sincerely, JAn 1. & &&,w At Xa4d* Johr J. & Eileen M. Hardy Owners, Liftside Condominium B-32 Mati 19. 08 12:19p 15 05 Ci8 07:27a Jack Hard Diego Vidal 9704797403 47658220 Liftside Condominium Association 1234 Westhaven Drive Vail, Colorado 81657 May 2008 7lte Honorable Dick Cleveland 75 South Frontage Road Fail, CO 81657 p.1 p.6 7 p L~C~C~~Mr~ JUL 0 1 2008 ~ D TOWN OF VA 11 RE: Cornerstone Project, Vail Cascade Eear Mayor Cleveland: I am an owner of Unit B31 in the Liftside Condominium complex. I am writing to voice my o::jections to the Cornerstone Project. The Project, as initially proposed, contained a tower 70 feet in height on the east side and a tower 80 feet in height on the west side. To mitigate the impact on Liftside, the Association and its architect suggested that the east tower of the Project be lowered 10 feet and the west tower be raised 10 feet- The developer accepted our proposal, and revised its plans to include an east tower of 6D feet and a west tower of 90 feet. The developer presented the revised plans to the PEC, which voted 6-0 to recommend approval. 1 strongly object to any changes to the plans which allow a height of 71 feet for the east tower. The re!~tricted views and lack of natural light would have a negative impact on Liftside. The visual impact of a 90 foot west tower would be minimal as the affected structure to the north is the parking garage and tennis building at Cascade/Aria Health Club. I support plans for the Project which include an east tower of 60 feet. Should you have any questions or require additional information 1 may be contacted at either the above address or by telephone at 3 m 5 - Y,r 7 Z 7 ium Association YLy ~frr.'+~Ji r~C Sir cerely;'-' Qaner ~ ide pndomin May 19. 08 12: 19p Jack Hardy 9704797403 Lif'tside Condominium Association 1234 Westhaven Drive Vail, Colorado 81657 May 14, 2008 The Honorable Dick Cleveland 75 South Frontage Road Vail, CO 81657 RE: Cornerstone Pmjcct, Vail Casc;adc Dear Maycc► Cleveland: p.8 G ~ D JUL 0.2008 J TOWN OF VAIL I am an owner of Unit LB22 in the Eftsidc Condominium complex. I am writing to voice my objections to the Comerstone.Project. Tba Project, as initially proposed, contained a tower 70 feet in height on the east side and a tower 80 feet in height on the west side. To mitigate the impact on Liftside, the Association and its architect suggested that the cant wwcr of the Proj eat be lowered 10 feet and the west tower be raised 10 feet. The developer accepted our proposal, and revised i!s plans to iucludc an east tower of 60 feet and a west tower of 90 feet. The developer 1wecented the revised plans to the PEC, which voted 6-0 to recommend approval. I strongly object to any changes to the plans which flllow a height of 71 feet for the cast tower. The restticmad views and lack of natural light would have a negative impact on Liftside. The visual impact of a 90 foot west tower would be iuiuimal as the affcowd structure to the north is the parking garage And tennis building at Cascade/Aria Health Club. I support plans for the Project which include an cast tower of 60 feet. Should you have any questions or require additional information I may be contacted at either the above address or by telephone at 858-481-2700. Sinoereln /J Owner, Liftside Condominitun Association I0 39dd 3T1 t1NAG ZZ£Z-18G-898 LZ:66 8602/9T/S6 May 19, 08 12:20p Jack Hardy 9704797403 p.9 FROM MC DONNELL PHONE NO. : 616 931 0413 May. 15 2008 09:07PM P1 Liftside Condominium Association J 1234 Westhaven-M- ve " JUL 0 A 2008 Vail, Colorado 81657 TOWN OF VAIL May o16,2008 The (honorable Dick Cleveland 75 South Frontage Road Vail, CO 81657 RE: Cornerstone Project, Vail Cascade Dear Mayor Cleveland: 1 am an owner of Unit Le -?2 in the Lifiside Condorniniam complex. 1 arts writing to voice my objections to the Cornerstone Project The Project, as initially proposed, contained a tower 70 feet in height on the east side and a tower 80 feet in height on the west side. To mitigate the impact on Liftside, the Association and its architect suggested that the east tower of the Project he lowered 10 feet and the west tnwer be raised 10 feet The developer accepted our proposal, and revised its plans to include an east tower of 60 feet and a west tower of 90 feet The developer presented the revised plans to the PEC. which voted 6-0 to recommend approval. I strongly object to any changes to the plans which allow a height of 71 feet for the east tower. The restricted views and lack of natural light would have a negative impact on Liftside_ The visual impact of a 90 foot west tower would be minimal as the affected structure to the north is the parking garage and tennis building at Caseade/Aria Health Club. I support plans for the Project which include an east tower of 60 feet. Should you have any questions or require additional information 1 may be contacted at either the above address or by telephone at -11- j~3s-.F6G.o Sin ly, downer, Lifcde Condorninn Association Z Z"> ONN I J~ w M 0 .JN P_ i '1 Matte 19, 08 12:20p maw oG 09 03:14p Jack Hardy Don Detampel 9704797403 3033204873 p. 10 p.2 Liftside Condominium Association r 1234 Westhaven Drive JUL 0 i 2008 Vail, Colorado 81657 i TOWN OF VAIL May 14,20M The Honorzblc Dick Cleveland 75 South Frontage Rond Vail, CO 8167 RE: Cornerstone Project, Vail Cascadc Dear Mayor C:levcland: I am .m owner Unit B-41 in the Liftside Condominium complex. I am writing to voice my objections to the Corner-.;tone Proicct. 11:•,1'rojcct. as initially proposed, contained a tower 70 feet in height on the east side and a tower 80 fen.t in height on the w,-,t side. To mitiga.c the impact on Lifiside, the Association and its architect suggested that the cast tower of the Project be lowered 10 lcct and the west tower be raised 10 feet The developer accepted our proposal, and revised its plans tO include an cwt tower of 60 feet and a west tower of 90 feet. The developer presented the re'rised plans to the PI?(_ which voted "to recommend approval. I strongly object to any changes to the plans which allow a height of 71 feet for the east tower. The restricted vicws and lack of natural light would have a negative impact on Li.ftside. The visual impact of a 90 foot west to%N er w ould be minimal as the affected strachue to the north is the parking garage and tennis building at Cascade/Aria llealth (club. I support plans for the Project which include an east tower of 60 feet. Shou ►d you have any questions or require additional information I inay be contacted at either the above ac.dress or b) telclnhonc at 303-399-1139. Si erely, r. I - Donald Detmpel Owner, Liftside Condominium Association ,Coui~L I~V~k 1v the need to use fund balance in the event of any future reductions in property tax or other revenue sources. Daly said he believed the funds should be used to offset the town's Capital Projects Fund shortfall. Newbury reiterated Daly's thoughts. During a pause for public comment, Kathryn Benysh encouraged Council to offer a property tax rebate. Tom Steinberg encouraged Council to use the funds for the proposed West Vail Fire Station. Gordon clarified the funds could be tracked in the fund balance and appropriated to a specific project at a later date. Hitt moved to budget the incremental property tax collections in the Capital Projects Fund with Daly seconding. Cleveland said he supported a rebate but did not want to risk the town's future by lowering the mill levy. "The Capital Projects Fund is a perfectly suitable place." The motion passed unanimously, 6-0. The seventh item on the agenda was a request to review a major amendment to Special Development District (SDD) No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site, located at 1276 Westhaven Drive. (PEC070055). Community Development Director George Ruther explained to Council that on January 28, 2008, the PEC voted unanimously to forward a recommendation for approval, with conditions, of an application for a major amendment to SDD No. 4, Vail Cascade, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. Daly questioned the availability of parking as some of the site's parking had been sold. Mire explained the actual use of the space determined the actual parking requirement. Applicant representative Rick Pylman said the existing parking structure had 421 parking spaces and they were underutilized. "The Cornerstone site itself has always parked its own uses... We will come back to you with a building that does not have a GRFA issue." Rogers asked if redevelopment required an 81 foot height to be profitable. Gordon asked if the only change in the project was the removal of the on-site employee housing units. Newbury said she personally would have a problem if the project did not have 50% of the required employee housing on site. Mire clarified that as an SDD it was a requirement that any modification to the property would have to come before Council. Pylman said he believed the enhancements to the chairlift plaza would be a public benefit. Gordon asked how the development would address skier drop-off. Hitt encouraged meeting the employee housing requirement on-site. He said he had been encouraged by a recent peer resort visit to Park City where employee housing is viewed as paramount. "I would be happy if you could find a way to put those (EHUs) back on site." Daly said, "My feeling is that the project should at no point exceed 71 feet...I fully endorse that as a new project under current guidelines the project should meet the new (EHU) requirements." Rogers stated, "I don't see redoing the ticket office as sufficient enough to offset the type of variances you are asking for." Cleveland said 71 feet was the appropriate height. "Employee housing has got to be on site...I don't think it's unreasonable that half of the EHU requirement be on-site... It's a terrible situation now, and without doing something it will only become worse." Liftside Condominiums legal representatives Beth Aires spoke in opposition to a 71 foot roof line on both towers of the project. She then encouraged Council to select the option that includes 61 and 81 foot towers. Liftside Condominium owner Miguel Marero said four to five condominiums would be directly impacted (blocked views) by the project. 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(L2 3 ~ n- ( W =r W m O O W f v Q 0 o O N w O O n 3 0 O 3 m m 3 m 0 3 m CD D- r C) MEMORANDUM TO: Town Council FROM: Community Development Department DATE: April 15, 2008 SUBJECT: A request for a work session to review a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to 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. (PEC070055) Applicant: L-O Westaven, Inc., represented by Pylman and Associates, Inc. Planner: Scot Hunn 1. DESCRIPTION OF THE REQUEST The applicant, L-O Westaven, Inc., represented by Pylman and Associates, Inc., is requesting a work session with the Town Council to review a major amendment to Special Development District No. 4, Vail Cascade, Section 12-9A- 10, Amendment Procedures, Vail Town Code, to allow for certain amendments to the development standards established for Area A, Cascade Village, and to allow for the development of the Cornerstone Site. II. BACKGROUND The Cornerstone Site is located within Area A, Cascade Village. It is the last developable parcel within Area A. A development plan for the Cornerstone Site was approved via Ordinance No. 1, Series of 1993, however development of the site never materialized due to market conditions. On January 28, 2008, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade Subdivision to allow for the development of the Cornerstone Site. Specifically, the applicant had proposed to revise the following development standards applicable to Area A, Cascade Village, to facilitate the development of 23 free market condominium units, four employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts, Inc., and underground parking: Increase the allowable GRFA for Area A from 289,145 sq. ft. to 291,639 sq. ft. (an increase of 2,494 sq. ft.); Increase the allowable building height from 71 feet to 91 feet; and Revise the required on-site parking in accordance with the current proposal. 1 Upon review of the request and a site specific development plan, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with conditions, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. The conditions made part of the Planning and Environmental Commission's recommendation is as follows: "1. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That the Developer shall submit a complete set of civil engineered drawings of the Approved Development Plans, including but not limited to 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, up to 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 lirrigated buffer. Such drawings/plans shall be submitted to the Town of Vail Community Development Department for review and shall receive approval prior to the Developer making application for the issuance of a building permit. 3. That the Developer shall address and resolve, to the satisfaction of the Town Engineer, all "General Conditions of Approval" identified in the memorandum from the Town Engineer, and addressed to Scot Hunn, dated January 25, 2008. Item number one listed under "Comments" within the same memorandum from the Town Engineer shall be struck from the record for purposes of this approval. 4. That the Developer pays in full, the employee housing mitigation fee of $N prior to the issuance of a building permit. 5. 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. 2 6. 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 for a minimum of one (1) public art improvements to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type ll1 deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project." Since January 28, 2008, the applicant has met with the Town of Vail Design Review Board for conceptual review of the proposed plans. The DRB endorsed the plans conceptually. As well, the applicant has met once with the Art in Public Places Board and has received feedback on a concept to integrate the "Morales" sculpture within the plaza level of the development as a public benefit. Other ideas centered on providing a sculpture within the landscaping within the "Skier Passage" way leading from Westhaven Drive to the public stair and elevator access to the chairlift. On February 19, 2008, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series 2008, an ordinance approving a major amendment to SDD No. 4, to their regular meeting of March 18, 2008, citing concerns with the proposed development plan and public benefits for the Cornerstone Site. Specifically, the Town Council articulated several issues with the proposed development plan: The applicant was directed to revise the plans to ensure that Gross Residential Floor Area (GRFA) remained within the limitations (289,145 sq. ft.) currently approved for Area A; The applicant was directed to revise the plans to lower the building height of the West Wing, from 91 feet, to 71 feet, in keeping with previously approved maximum building heights within Area A; and The applicant study the level of proposed public benefits in relation to deviations requested from certain development standards (GRFA and height). On March 18, 2008, the Vail Town Council voted unanimously to table the first reading of Ordinance No. 5, Series of 2008, to their regular meeting of April 15, 2008, at the request of the applicant, in order to allow the applicant sufficient time to adequately address the Town Council's concerns. In response to the Town Council's concerns, the applicant has studied options to revise the development plans to address the Town Council's issues and concerns. Options to be presented at the requested work session, as outlined by the applicant in a memo to the Vail Town Council dated April 9, 2008, include: 3 • Revising the floor plans to eliminate floor area, to bring the proposed GRFA within the 289,145 square foot limit set by previously approved ordinances; Revising the floor plans to eliminate the on-site Employee Housing Units (EHUs) from the West Wing and relocating an additional two (2) units from the West Wing to the East Wing (in front of Liftside Condominiums Building) - these changes will effectively reduce the height of the West Wing from 91 feet to 71 feet, and will increase the height of the East Wing from 60 feet to 71 feet; and Revising the floor plans to eliminate the on-site Employee Housing Units (EHUs) from the West Wing, without relocating an additional two (2) units from the West Wing to the East Wing (in front of Liftside Condominiums Building) - these changes will effectively reduce the height of the West Wing from 91 feet to 81 feet, and will allow for the height of the East Wing to remain at 60 feet. IV. CRITERIA FOR REVIEW The criteria outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that the proposed development plan complies with each of the criteria listed within Section VIII of the Staff's January 28, 2008, memorandum (Attachment B), or demonstrate that one or more of them is not applicable, or that a practical solution. consistent with the public interest has been achieved. DISCUSSION TOPICS Building Height During the public hearing on March 18, 2008, the Town Council expressed concern with the proposed height of the Cornerstone Building relative to surrounding structures in Cascade Village, Area A. At that hearing, the Town Council directed the applicant to lower the height of the proposed building, with a preference from Council members to maintain the originally approved building height of 71 feet. In response to this concern, the applicant will be presenting options demonstrating how a reduction in building height can be achieved and how such reductions, including relocating and eliminating certain units, will affect the project design and surrounding properties. Public Benefits During the public hearing on March 18, 2008, the Town Council expressed concern with the public benefits proposed with the Cornerstone development in relation to requested deviations to previously established development standards for building height and GRFA. In response to these concerns, the applicant will be presenting options to revise the development plan - specifically floor plans for the proposed building - demonstrating how previously requested deviations can be eliminated from the proposal. If such revisions (to lower the height of the building within the previously approved 71 foot height limit and to reduce the GRFA to within the previously approved maximum of 289,145 sq. ft.), Staff believes the only remaining 4 "deviation" or amendment is requested to reduce parking requirements on-site due to the elimination of essentially all commercial uses on the Cornerstone Site. Employee Housing Units During the public hearing on March 18, 2008, the Town Council expressed concern with the proposed employee housing mitigation proposed within the Cornerstone development. Although the applicant proposed to construct four (4) deed restricted employee housing units totaling approximately 3,972 square feet (993 square feet per two-bedroom unit) in combination with providing a payment- in-lieu amount of $306,739 to meet mitigation requirements of Chapters 23, Commercial Linkage, and 24, Inclusionary Zoning, Vail Town Code, the Town Council directed Staff to research the employee housing requirements for SDD No. 4, Area A, to ensure that the developer is meeting any previous obligations to provide adequate housing on-site within Area A, Cascade Village. Based on Staff's research (Attachment D) of all ordinances related to SDD No. 4, the following conclusions are pertinent to any further discussion by the Town Council with regard to EHU requirements for Cascade Village, Area A: • 5 EHUs are required, in total, for all of Area A; • 3 EHUs are required on the Cornerstone site; • 2 EHUs have been provided at the Liftside site; • Up to 26 EHUs were required at one time at the Westhaven Condominiums (aka. The "Ruins") site and in 2005, the Vail Town Council voted to release the developer of the Westhaven Condominiums site from their obligations to provide the previously required units on-site. Instead, Ordinance No. 12, Series of 2005, contained a condition wherein the developer of the Westhaven Condominiums was required to provide the equivalent of 4,400 square feet of deed restricted employee housing, off- site. Files for Westhaven Condominiums contain written evidence that the developer met the requirements of the Vail Town Code by deed restricting three (3) units within the Town. Staff believes, based on the above referenced research, the developer's original proposal to provide on-site employee housing exceeds the previously required number of employee housing units on the Cornerstone Site by voluntarily providing four (4) units rather than three (3). Further, Staff believes that previous actions by the Vail Town Council to amend (reduce) the required number of employee housing units to be provided at other development sites (Westhaven Condominiums, Ordinance No. 12, Series of 2005) within Area A, should not cause the developer of the Cornerstone site to provide mitigation above and beyond the impact caused by the development of the Cornerstone building. In other words, Staff is of the opinion a determination was made by a previous Town Council that the total number of employee housing units required within Area A should be reduced in response to redevelopment and changing conditions - specifically the development of the Westhaven Condominium site, and the redevelopment of CMC building into mostly residential uses. The developer's originally proposed development plan, inclusive of four (4) on- site EHUs, meets or exceeds the required on-site and payment-in-lieu mitigation for the Cornerstone Building, pursuant to the most recent ordinances for SDD No. 4 (Ordinance No. 31, Series of 2007) and according to Chapters 23, 5 Commercial Linkage, and 24, Inclusionary Zoning, Vail Town Code. Specifically, SDD No. 4 requires three EHUs at 600 square feet each (total of 1,800 sq. ft.) to be provided within the building. The required mitigation for the building based on the current design as well as the requirements of Chapters 23 and 24 (and assuming elimination or release of any on-site housing requirement via SDD No. 4) would total 4,886.7 square feet, and a payment of $1,156,437.60, as follows: 52,839 sq. ft. GRFA - 3,972 (EHUs provided on-site) = 48,867 sq. ft. 48,867 sq. ft. x 10% mitigation = 4,886.7 sq. ft. 4,866.7 sq. ft x $236.65 = 1.156.437.60 If alternative building designs - eliminating EHUs from the Cornerstone Building to reduce building height - are endorsed or preferred by the Town Council during this work session, Staff recommends additional amendments to SDD No. 4 will be required - to specifically eliminate the requirement to provide EHUs on-site, and instead to require mitigation of employee housing impacts pursuant to Chapters 23 and 24, Vail Town Code. Parking During the public hearing on March 18, 2008, the Town Council expressed concern with the proposed on-site parking. During discussion on the matter, the Council cited concern regarding the amount of vehicles that currently park on the Frontage Road, despite the fact that paid parking exists within the Cascade Resort parking structure. Also, there was concern regarding the proposal to enhance the skier drop-off and portal to the Cascade Village chairlift and the potential to increase the number of skiers using this drop-off point, thus exasperating the current parking situation and traffic congestion. Staff believes the applicant has submitted a development plan that responds first to the needs of the residential development by providing all required parking spaces on-site, as set forth in the parking requirements for SDD No. 4, and in accordance with Chapter 12-10, Vail Town Code. In addition, Staff believes that the previous requirements for short term "public" parking on the Cornerstone Site related directly to 11,100 square feet of commercial space approved with the previous development plans for the Cornerstone Site. Because the current plans call for only 623 square feet of commercial space for lift ticket office uses, Staff believes that additional parking for public uses should no longer be required for the Cornerstone Site. Therefore, the applicant is requesting a deviation or amendment to SDD No. 4, to reduce the total number of spaces required on the Cornerstone Site from 93 to 56. Staff is of the understanding from speaking with the property manager of the Cascade Resort parking structure (a privately owned and operated structure), that on days when vehicles are parked on the Frontage Road (day skiers), there are typically numerous empty parking spaces available within the structure. After speaking with the management company representative, Staff speculates that those individuals choosing to park on the Frontage Road do so, either out of choice ("free parking") in close proximity to a bus stop, or that those same people are unaware that paid parking is available at the nearby structure. On June 2, 2007, the Town Council approved parking on the Frontage Road during temporary use of the tennis facility for conferences. 6 Although the owner of the parking structure is under no obligation work with the Town to ensure that parking spaces are filled prior to sending visitors elsewhere to park, Staff has suggested to the management company that additional signage may be warranted near the intersection of Westhaven Drive and the Frontage Road in order to direct visitors (day skiers) to the parking structure. Such signage could become part of the proposed improvements to Westhaven Drive, as proposed by the applicant as a public benefit. Staff believes there may be opportunities to involve the private owner of this parking structure in the overall parking management plan for the Town, to further mitigate the impacts of parking on the Frontage Roads in the future. V. STAFF RECOMMENDATION Since this is a work session, no action is required by the Council. However, Staff recommends the Council provide specific feedback and direction to the applicant and Staff regarding the building design (height), employee housing mitigation, public benefits and on-site parking. VI. ATTACHMENTS A. Staff memorandum to PEC dated January 28, 2008 B. Revised elevation drawings by GPSL Architects C. Memorandum by Pylman and Associates, Inc. D. Cascade Village Area A EHU History/Summary by Scot Hunn 7 4ttachment A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc. Planner: Scot Hunn SUMMARY The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc., has requested final review by the Planning and Environmental Commission for a Major Amendment to Special Development District No. 4, Cascade Village, to allow for the development of a mixed use project on the property known as the Cornerstone site, inclusive of: o One (1) building containing a total of twenty three (23) free market condominiums (55,931 sq. ft. of GRFA), four (4) deed restricted, Type III employee housing units (EHUs) and two levels of underground parking, for a total of eight (8) stories above pedestrian plaza grade on the south side of the building; o Enhancement of skier drop-off pedestrian access through subject property, including a snow melted and covered exterior staircase and dedicated elevator from Westhaven Drive level to the plaza level below; o Improvement (re-development) of lift ticket sales office (skier services), public plaza areas and the provision of public bathrooms adjacent to the existing Cascade Village chairlift; and o Completion of sidewalk links and certain other on-site and off-site improvements Final Plan review is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re- development of this site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: o The Town of Vail Land Use Plan o The Town of Vail Municipal Code o Ordinance No. 31, Series 2007, Major Amendment to Special Development District No. 4, Area A, Cascade Village Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the development application, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. To this end, Staff is recommending approval, with conditions, of the Major Amendment to SDD No. 4, as detailed in Section IX of this memo. II. DESCRIPTION OF THE REQUEST Purpose of Review The purpose of this meeting is to conduct a final plan level of review relative to the Cornerstone project's conformance with the Town of Vail Land Use Plan, as well as the applicable sections of the Town of Vail Municipal Code. As well, Staff has reviewed this proposal against previously established development standards, contained with the ordinance language for SDD No. 4, Cascade Village, for the Cornerstone Site. Project Overview The attached plan sets (Attachment B) dated January 23, 2008, submitted by the applicant depict proposed improvements including but not limited to: Lower Parking Level • 20,304 sq. ft. (gross) area • Parking area to accommodate 33 spaces, including one ADA accessible space • Internal vehicular access ramp • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) Upper Parking Level (Plaza Level) • 19,961 sq. ft. (gross) area Parking area to accommodate 23 spaces, including three (3) ADA accessible spaces Ancillary mechanical space and common circulation elements (stairwells/elevator shafts) • 623 sq. ft. (gross) skier services (commercial) square footage located on the plaza level including a three-window ticket sales area and administrative office space • Owner ski lockers, Owner Lounge and skier services facilities, including a 3-window ticket sales area, administrative office space and public restrooms • Two public restroom facilities (481 sq. ft) • Common elements Ground Level Residential (Westhaven Drive Ground Level) 2 • 18,787 sq. ft. (gross) area • Four (4) 933 square foot, Type III employee housing units (EHUs) located within the West Wing of the building • Three (3), one-story free market condominium units • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) • Common elements Level One Residential • 16,811 sq. ft. (gross) area • Six (6), one-story free market condominium units • "Skier Passage" way from Westhaven Drive drop-off point on the North side of the building to new snow melted (covered) stairwell on South side of the building • Common elements Level Two Residential • 14,284 sq. ft. (gross) area • Four (4), one-story within the West Wing of the building • Two (2), two-story (main plus loft) free market condominium units within the East Wing • Common elements Level Three Residential • 13,217 sq. ft. (gross) area • Four (4), one-story free market condominium units within West Wing of the building • Two (2), two-story (main plus loft) free market condominium units within East Wing of the building • Common elements Level Four Residential • 7,594 sq. ft. (gross) area • Two (2), one-story free market condominiums within the West Wing • One (1) two-story (main plus loft) free market condominium unit within West Wing of the building • Common elements Level Five Residential • 4,615 sq. ft. (gross) area • One (1) two-story (main plus loft) free market condominium • Loft area for one (1) units in West Wing of the building • Common elements Level Six Residential • 1,814 sq. ft. (gross) area • One (1) loft for two-story level five • Common elements 3 Of note is the creation of four (4), deed restricted Type III employee housing units (EHUs), a heated pedestrian plaza ("Skier Passage") and stair well off of Westhaven Drive providing access to the plaza level. In addition, the applicant is working with the Town of Vail to design and construct certain sidewalk, turn land, bus lane and skier drop-off improvements within and around the Westhaven Drive. Applicable Review Criteria To this end, review of the Cornerstone Building project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary Findings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 31, Series of 2007 - An Ordinance Amending and Re- Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND Special Development District No. 4 Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve revisions to the Cascade Residences ("CMC" Building) development in 2007. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site Area E Tract K 4 The entire Cascade Village site is approximately 97.5 acres. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. Cornerstone Site History The Cornerstone site is located south of Westhaven Drive, between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference center. The total site area is 0.6977 acres in size and slopes steeply from Westhaven Drive to the hotel terrace and Cascade Village chairlift level. The chairlift is located immediately adjacent to the site and a public pedestrian easement allows for access across the site from Westhaven Drive to the chairlift. The adjacent Waterford site (Liftside Condominiums) and the Cornerstone site are the only two development parcels within the SDD permitted to establish separate development plans. In 1992 the Town of Vail Planning and Environmental Commission recommended approval of the development plan for the Waterford (Liftside Condominiums) and Cornerstone buildings; the Vail Town Council subsequently approved the development plan via Ordinance No. 7, Series of 1993. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: o 41,010 total (gross) square feet of building area; o 64 Transient Residential Units/28,110 square feet of GRFA; o Three (3) employee housing units (EHUs)11,800 square feet of GRFA; o 11,100 square feet of retail/commercial space; o 56 on-site parking spaces for residential uses; o 37 on-site parking spaces for retail commercial uses o 71 foot building height limit Current Proposal On September 24, 2007, the Planning and Environmental Commission held a work session to discuss a concept for the proposal. At that time, the applicant proposed a similar design for one building, with two separate wings. The West Wing of the previous design showed a maximum height of 82 feet with the East Wing measuring 71 feet in height. However, in response to concerns voiced by adjacent property owners and the Planning and Environmental Commission, concerning building height, views and massing, the applicant revised the plans to: • Relocate condominium units from the East Wing to the West Wing, thus increasing the mass and height of the West Wing by adding one floor for a total of eight (8) stories above grade (as measured from the Plaza Level - on the south side of the building) and reducing the height of the East Wing to mitigate concerns from Liftside Condominium property owners. 5 On November 26, 2007, the Commission held another work session to review the revisions. At that meeting, the Commission expressed general support for the revised plans and elevations. However, two Commissioners expressed concern regarding proposed building heights at the West Wing of the development. Specifically, Commissioner Kjesbo recommended that the applicant study the massing and absolute height apparent on the south elevation, due to this elevation's proximity to the pedestrian plaza between the proposed Cornerstone Building and the existing Vail Cascade Hotel "Terrace" Wing. Commissioner Pierce suggested that the applicant mitigate the apparent mass of the West Wing by introducing additional building and roof mass at the lower levels of the building, facing the pedestrian plaza. Since the November 26, 2007, meeting, Staff has met with the applicant several times to discuss issues related to building massing and height, as well as, to work towards resolution on the following outstanding issues: • Westhaven Drive Improvements - turn lanes, bus turn-around, skier drop- off; and • Snow storage. At this time, the applicant requests final review of the site and building plans only. Targeted date of construction is spring, 2009. The Town Staff and the applicant have agreed to continue to work towards mutually agreed upon design solutions for any and all required improvements to Westhaven Drive and any ancillary sidewalk and snow storage improvements. (A concept sketch of Westhaven Drive design solutions is included in plans provided under attachment B). IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. Design Review Board: 6 The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council. Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) District, Vail Municipal Code (in part) Chapter 9 - Special and Miscellaneous Districts 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-9A-10: AMENDMENT PROCEDURES (In part): B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Ordinance No. 31. Series of 2007 An Ordinance Amending and Re-Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code and Setting Forth Details in Regard Thereto. (In part) Ordinance No. 7. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New 7 Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto (In Part) Ordinance No. 8. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto (In Part). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (inhll areas). 2.0 Skier/Tourist Concerns .2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 8 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. VI. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. ZONING ANALYSIS Staff has completed a zoning analysis, comparing in some instances the previously. approved (now expired) development plan for the Cornerstone Site, with current or proposed plans. As well, Staff has provided general development standards and overall figures for Cascade Village, Area A as the certain standards apply to the entire planning area. Lastly, "Per Dev. Plan" refers to the process by which certain allowable standards are established via the approval of the individual development plan. Legal Description Parcel No. Address: Lot Size: Zoning: Land Use Plan Designation: Current Land Use: Development Standard Lot Area: Cascade Village (Cornerstone Site) 210312119001 1276 Westhaven Drive .69 acres (30,056 sq ft) Special Development District No. 4 (no underlying zone district) Resort Accommodations and Services Mixed Use Residential and Resort / Spa Allowed/Req. Exist/Approved* Proposed N/A 30,056 sq. ft. No Change Buildable Area: 30,056 sq. ft. No Change Setbacks: North: Per Dev. Plan 5' 3' South: Per Dev. Plan 2'-6" 4' East: Per Dev. Plan 11-6" 5' West: Per Dev. Plan 2' 5'** Building Height: Density (Area A) GRFA (Area A) 71' 15 DU/ac or 270 DU 289,145 sq. ft. 71' 13.4 DU/ac 245 DU*** 239,680 sq. ft. 91' 13.6 DU/ac 268 DU 55,931 sq. ft.**** 9 Comm. Sq. Ft. (Area A): 35,698 sq. ft. 24,598 sq. ft. 623 sq. ft. or 25,221 sq. ft. Site Coverage (Area A): 45%***** or 36% 40% Per Dev. Plan Landscape Area (Area A): 50% 64% 60% Parking (Cornerstone): 93 spaces****** 93 56 spaces VII. VIII. Note: * Existing or approved refers to development standards approved via the 1993 development plan (now expired) and are provide for information and comparison purposes only. West side setback measured from property line to exterior wall of residential building; applicant proposes parking ramp to be built off property, on adjacent "Plaza Wing" with the creation of an access easement. Total existing density includes approval of additional dwelling units proposed within the Cascade Residences, pursuant to File No. PEC07-0058. Applicant proposes to increase the total allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (total increase of 6,466 sq. ft.) to accommodate development of the Cornerstone Site; due to previously approved density (GRFA) at other parcels within Area A since original approval of the Cornerstone building in 1993, less GRFA is now available for the development of the Cornerstone Site than was originally anticipated. Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to 45%. SDD No. 4 states that "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." Staff believes that this requirement is no longer valid due to previous development plans which contained larger amounts of commercial and residential square footage has expired. The current proposal requires 56 parking spaces. SURROUNDING LAND USES Land Use Zoning * North: Parking Structure/Liftside Condos SDD No. 4 South: Vail Cascade Hotel/Glen Lyon Sub. SDD No. 4 East: Common Area/open space/ Rec SDD No. 4 West: Vail Cascade Hotel SDD No. 4 Note: * According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. REVIEW CRITERIA The following section of this memorandum is included to provide the Applicant, community, Staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. 10 Chapter 9 - Special and Miscellaneous Districts 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Overall Compatibility The Applicant is proposing a major amendment to the special development district which Staff believes will have positive overall impacts on the appearance and functionality of the area. Specifically, the Cornerstone Site is the last development site within Area A, and therefore presents opportunities to complete the overall development plan for Cascade Village and provide needed amenities to the larger community. Specifically, Staff suggests that the following improvements will enhance the site's compatibility, and as public benefits, will greatly improve the character, identity, and visual integrity of the neighborhood: • Enhanced skier passage way/entry portal to Cascade Village Chairlift; • Sidewalk connections within and around the site; • Enhanced Pedestrian Plaza area between existing Terrace Wing of the hotel property, and the proposed Cornerstone Building; and • Creation of bus turn around and skier drop off. Design of the site and proposed buildings reinforces the connectivity of the Cornerstone site to the rest of the Cascade Village Area. As well, the design generally enhances the architecture, scale, bulk and visual character of the surrounding neighborhood by incorporating massing, building materials, roof forms and compositions that relate to the surrounding built environment. Massing has been revised to mitigate impacts on adjacent structures (Liftside Condominiums) and the applicant has made certain other revisions to balconies and fenestration around the building which Staff believes will positively affect building mass, bulk, building height and character of the immediate and surrounding environment. However, as the plans are further developed, the applicant will be required to address the following areas of concern regarding specific design issues related to design and construction of on-site and off-site improvements at the Westhaven Drive entrance, including but not limited to: II • Turn lanes; • Adequate queuing areas; • Landscaped and irrigated medians; • Six foot wide sidewalk connections from the proposed skier portal to the South Frontage Road on both sides of Westhaven Drive • Ten foot wide sidewalk connection along the South Frontage Road from the western most point of the Cascade Parking/Conference Center building to a point in front of the Liftside Condominiums, approximately 680 feet in length (including a crosswalk); • Bus turn around and bus stop meeting Town of Vail and ECO standards; • Three space skier drop-off; • Landscaping; and • Adequate snow storage areas as approved by the Town of Vail Public Works Department. Bulk and Mass Staff believes the proposed improvements are consistent with the Vail Comprehensive Plan. While the overall mass of the building will surpass (in height) previously approved buildings on this site, Staff believes that the Applicant has presented plans that enhance the overall massing, composition and appearance of the planning area (Area A, Cascade Village) by introducing compatible roof forms, as well as, new roof forms that step and which will add variety to the overall roof composition throughout Area A. In addition, Staff believes the proposed application of exterior materials, specifically the introduction of substantial amounts of stone veneer at key locations (foundation level), the introduction of secondary roof structures, the revisions to the placement and size of certain balconies and window openings, and the continued use of stucco as a predominant "Cascade Village" material, aid in "stepping down" the mass of the building from the pedestrian level. Building Height Staff believes, despite a proposed maximum building height of 91 feet in one area of the building, the proposed building heights for both the West and East wings of the building are generally compatible and sensitive to the immediate environment. Pursuant to Ordinance No. 31, Series 2007, building height for SDD No. 4 is calculated as follows: "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." Further, that: "Cornerstone Building: Maximum height of 71 feet." 12 Although the proposed maximum height of the West Wing is now shown at 91 feet, as measured to existing grade on the south (pedestrian plaza) side of the development, Staff believes that the overall building heights for both wings are appropriate in context to surrounding structures, as well as, the overall Cascade Village development. Approved building heights within Area A (according to development standards listed in SDD No. 4, Ordinance No. 31, Series 2007) range from 26 feet to 71 feet. By comparison, building heights proposed within the Cornerstone Building range from approximately 42 feet to 91 feet. Also, Staff has calculated that approximately 30% of the overall roof mass is above 71 feet. As discussed in previous meetings with the Planning and Environmental Commission, the proposed building massing and height may actually enhance the perceived variation in roof height within Area A, thus producing a positive "mix" of roof heights and building masses which reinforce the tightly clustered "Village" concept. Further, as depicted on the photo overlays provided by the applicant, the proposed West Wing of the Cornerstone Building, while taller than the adjacent Liftside Condominiums building (55 feet tall on the north/frontage road side), presents a similar appearance (between 57 feet and 75 feet tall on the north side) when viewed from 1-70 and the frontage roads. Character As stated above, Staff believes the proposed improvements will result in a positive, or beneficial, impact to the surrounding area. The manner in which the Applicant proposes to integrate the building's mass, roof compositions and forms, fenestration and exterior building materials enhances or reinforces the Cascade Village architectural style and character. Other improvements to enhance the skier drop-off, skier passage way and pedestrian plaza areas will provide a much needed upgrade to the pedestrian experience of this portal to Vail Mountain. Setbacks Ordinance No. 31, Series of 2007, states the following relative to required setbacks prescribed within Area A, in part: "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..." "All buildings shall maintain a 50 foot stream setback from Gore Creek. " The current proposal establishes the building footprint at the approximate distances away from property lines: North: 3 feet; South: 5 feet; East: 5 feet; and West: 2 feet (2' between the proposed parking ramp and the existing "Plaza Wing" of the hotel/5' between the western property line and the exterior wall of the proposed Cornerstone Building). The previously approved development plan established the building footprint approximately 5 feet from the North property line; 2 Y2 feet from the South property line; 1 Y2 feet from the East property line, and; 2 feet away from the West property line. 13 Therefore, Staff believes that the current proposal generally provides for better separation between the proposed buildings and the footprints of adjacent buildings. As well, Staff suggests that the current proposal could be construed to create less visual impact to adjacent properties closest to the East property line. Lastly, there is more distance (by approximately 3 feet) provided between Gore Creek and the proposed structure. Site Coverage Ordinance No. 31, Series of 2007, states the following relative to 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." Staff has calculated the existing site coverage within Area A at approximately 34% of the total land area. As proposed, the Cornerstone Building (total individual site coverage of approximately 67% of the Cornerstone site) brings the total site coverage for Area A to approximately 37%. Therefore, Staff believes that the proposal complies with, or does not adversely impact, this standard applied to the overall development area (Area A). B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Staff believes the proposed uses, activities and density continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. Specifically, the proposed uses are primarily residential (mulit- family and employee housing), with limited first floor commercial (skier services), both uses by right and both uses that are similar to surrounding multi-family, lodge and commercial uses. The design of the project respects surrounding structures, uses and activities by providing generally compatible building massing, roof forms and composition, architecture and by providing enhanced skier drop-off improvements and pedestrian plaza serving the overall neighborhood. As well, the project's design is respectful of surrounding uses and activities by not adversely impacting existing loading and delivery (service) areas or shifting any parking burden onto the overall development. Staff suggests that while the building is compatible with surrounding sites, the applicant shall be required to demonstrate that proposed parking ramp improvements on the west side of the site will not adversely impact the adjacent "Plaza" site. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state the following with specific reference to Area A and the Cornerstone Site: 14 "Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario 1, where 66.6% and the Westhaven Condominiums, where 71% of required parking shall be enclosed in a building. 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." Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units" (TRs), free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a .4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a .1 space per 100 sq. ft. ratio accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the 1993 development plan was 91 spaces. The current proposal contains no Transient Residential/accommodation units or commercial square footage. In addition, the twenty three (23) free market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the previous 32 units approved for the site. Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal requires 56 spaces. 56 spaces are proposed within two levels of structured parking. Therefore, Staff believes the proposal complies with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Employee Housing Provision Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "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." Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the 15 Cornerstone Building shall have a minimum square footage of 600 square feet." In addition to previously established requirements of SDD No. 4, the development of the Cornerstone Building is subject to the Town' Employee Housing regulations, specifically Ordinances 7 & 8. In February of 2007, the Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which enacted regulations for the provision of employee housing units through several possible mitigation methods for all projects in the Special Development District. Within these ordinances a nexus was established between commercial and residential development and the generation of employees was established. In adopting these ordinances a methodology was established to determine the impact of a commercial and residential development on the need for employee housing at a goal of providing 30% of the housing generated by a project. Furthermore. there were provisions for meeting the requirement for providing employee housing through several different options or combination of options. The options include: • Provision of on-site units; • Conveyance of property on-site; • Provision of off-site units; • Payment of fees-in-lieu; and • Conveyance of property off-site A proposed development or redevelopment may choose to propose any of the above options or combination of options. Within the two Ordinances, the Planning and Environmental Commission was given the authority to review an applicant's proposal for mitigating the employee generation of a project and grant approval of the proposal. There are some specific instances were the Town Council must also accept the proposal for mitigating the employee requirement generated by a project. The Staff has reviewed the proposal for compliance with Ordinance No.(s) 7 and 8, Series of 2007, and found it to be accurate in calculating the mitigation requirement for the proposed Cornerstone Building project. Staff has attached the proposed mitigation plan, as outlined in Section 3.5 of the Project Overview/Summary by Pylman & Associates (Attachment B). At its November 26, 2007, public hearing several members of the Commission suggest that the proposed mitigation of providing four EHUs on-site, in addition to providing the remainder of the mitigation as pay-in-lieu, was appropriate. Within the Plan the applicant proposes to mitigate the housing requirement, based on a total (new) gross residential floor area (GRFA) of 55,931 square feet, by the incorporation of four (4) employee housing units on site measuring 933 square feet each (3,732 sq. ft. total), and a Residential Mitigation payment-in-lieu in the amount of $49,595.65. In addition, the applicant proposes new ticket sales and office space totaling 623 square 16 feet. There are currently approximately 350 square feet of ticket sales and office space on site. Therefore, the net increase in commercial (retail) square footage is 273 square feet. The following calculations provide an analysis for employee housing, payment-in-lieu mitigation to be required: Residential Mitigation Calculation 55,931 sq. ft. (new) GRFA x 10% = 5,593 sq. ft. mitigation required 5,593 sq. ft. required - 3,732 sq. ft. proposed = 1,861 sq. ft. remaining 1,861 sq. ft. x $236.65/sq. ft. = payment-in-lieu required Commercial Mitigation Calculation: 273 sq. ft. (net new) commercial space 273 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area = .13 .13 employee mitigation requirement x $131,385.00 = $1080.05 Total Mitigation Required: Residential Mitigation: $49,595.65 Commercial Mitigation: $17,080.05 Total: Currently the Town has no plan for the funds that may be collected from the payment-in-lieu option for mitigating housing requirements. Funds collected from this option could be used to construct units or to purchase units and then resell them after placing a deed restriction upon the property and selling them for a more affordable price. Vail Land Use Plan The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals, objectives and policies are relevant to the review of this proposal: Vail Land Use Plan 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 17 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the proposed development generally furthers the above referenced goals, objectives and policies and, therefore, is in general compliance with the Vail Comprehensive Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Cornerstone development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Site Plan Staff believes the proposed site design will have positive overall impacts on the appearance and functionality of the area. The site is a steep hillside resulting from development of Westhaven Drive (fill) and is vegetated with native grasses (re-seeded after construction of Westhaven Drive). There are no trees or other significant vegetation on the site and the site has been used for snow storage and construction staging historically. Therefore, the development of the Cornerstone Building poses 18 no negative impact on "natural features". On the contrary, Staff believes that development of this site will complete the overall development plan for Cascade Village and will provide much needed enhancements to sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality of the area as a portal to Vail Mountain. However, Staff believes that the applicant should be required to work with the Town of Vail Town Engineer to create design solutions, both on and off- site, to provide adequate snow storage within and around the Westhaven Drive right-of-way. Specifically, the development of this site and the associated improvements to the bus turn around and skier drop off areas, while not necessarily causing more snow storage need, will impact the Town's ability to store snow within the Westhaven Drive right-of-way and within the Cornerstone site itself - a historical use of the site. Therefore, Staff believes that the applicant should also be required to provide a "Snow Storage" easement on the northeast corner of subject property, as part of a snow storage mitigation plan. Building Design Staff believes that the proposed building is designed to increase or enhance functionality of the area while being responsive and sensitive to the aesthetic quality of the community. Therefore, Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the applicant will increase the functionality of the site. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Applicant is proposing changes that will generally improve on-site parking and maneuverability and which will enhance pedestrian circulation around and through the site. Specifically, the applicant has agreed to install portions of sidewalk connections identified by the Town of Vail Public Works Department. In addition, the Applicant proposes to participate in improvements to Westhaven Drive, including the provision of a bus turn around, skier drop-off and a potential left turn lane, for exiting movements out of Cascade Village. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that the landscape plan greatly enhances the aesthetic quality of the area by providing new pathways, plantings and ground covers where none exist today. By completing development in this area, the plaza connection, or pedestrian way from the hotel to the Cascade Village chairlift will now include new pathways and (heated) paver areas, a gas fire pit/gathering place and significant new plantings of native trees and shrubs. These plantings will form the first level of perception from the pedestrian 19 level between pathways and the Cornerstone Building. Plantings are also proposed on the plan in a manner and location to strategically "soften" or break-down building mass and height. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention project, however, should a phasing and will be met in full. on the applicant's behalf to phase this plan be proposed, this criterion must IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to the Vail Town Council. Staffs recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to a Special Development District, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for final review of a proposed major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site)/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC070055)." Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following conditions: That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. 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 20 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 lirrigated buffer. Such drawings/plans shall be submitted to the Town of Vail Community Development Department for review and shall receive approval prior to the Developer making application for the issuance of a building permit. 3. 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. 4. That the Developer pays in full, the employee housing mitigation fee of prior to the issuance of a building permit. 5. 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. 6. 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 for a minimum of one (1) public art improvements to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type 111 deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 21 That the 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 Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does 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, based upon the review outlined in Section Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission. X. ATTACHMENTS A. Vicinity Map B. Reduced Architectural and Engineering Plans C. Cornerstone report/analysis (by Rick Pylman, Pylman & Associates, Inc.) D. Ordinance No. 31, Series 2007, SDD No. 4 22 Attachment A 23 E i i i i ~ i i Attachment B S 2 i z x Attachment C PYLMAN &nssocI.azEs MEMORANDUM TO: Vail Town Council FROM: Rick Pylman DATE: April 9, 2008 APR - ~ 2008 TOWN OF VAIL RE: Cornerstone Condominiums, Cascade Village, SDD # 4 The purpose of this memo is to provide brief background information and to introduce subjects for a work session level discussion. No formal revisions to the plans have been made and there is no current request for a formal vote. Based upon discussion of the subjects described below project revisions will be made and, at a later date as appropriate, a revised Ordinance No. 5 Series of 2008 will be presented to Town Council. DESCRIPTION OF THE REQUEST L-O Westhaven, Inc. is requesting a Major Amendment to Special Development District #4, Vail Cascade, to allow for development plan approval for the Cornerstone site. The Cornerstone site is located within Area A of Cascade Village. A development plan was approved via Ordinance No.1 Series of 1993, however, development of the site has not occurred. BACKGROUND On January 28, 2008 the Town of Vail Planning and Environmental Commission voted 6-0 to recommend approval, with conditions, of the proposed amendment to SDD #4. On February 19, 2008 the Town Council tabled the first reading of Ordinance No. 5, Series of 2008. The council articulated several issues with the proposed development plan. (1) The development plan represented an increase in the total GRFA originally approved for Area A of Cascade Village. Direction to the applicant was that GRFA should remain within the limitations of original approval for Area A. (2) The proposed building heights ranged from 60' at the east wing of the building to 91' at the west wing. The allowable building height specified for Cornerstone is 71'. General direction was given to lower the building height and several council members directed building height to remain within the 71' limitation. Office: 137 Main Street, Suite C-107W Edwards, Colorado 81632 Mail: P.O. Box 2338, Edwards, Colorado 81632 Phone: (970) 926-6065 Fax: (970) 926-6064 Email: rick@pylman.com 0 (3) Other issues included the level of public benefit proposed in relation to the requested deviation from GRFA and building height, and questions regarding overall Cascade Village parking requirements and overall Cascade Village EHU requirements. WORK SESSION_ DISCUSSION The applicant will revise the building plans to reduce GRFA to meet the allowance for Area A. A preliminary revision of the floor plans indicates that overall GRFA will remain at least 500 square feet below the allowance. Through the above described GRFA reductions, by moving two dwelling units from the west wing to the east wing and by eliminating one floor level of on-site EHU's the applicant has conceptually redesigned the building to meet the 71' building height. This represents a building height reduction of 20' at the west wing and an increase in height of 11' at the east wing. The proposed heights had been 91' and 60' respectively. This addresses council members direction and is in compliance with the existing ordinance. This revision will however, if formally proposed for approval, likely meet with significant opposition from the neighboring Liftside Condominium Owners Association due to the change in proposed height from 60' to 71' at the east wing. A second building design option is to retain the lower 60' height in front of Liftside and to allow a building height of 81' at the west wing. The increase in height at the west wing would be offset by the lower height in front of Liftside. This would allow the applicant to meet the desired building program and present a lower profile to the Liftside owners. Prior to investing significant resources into a detailed building redesign the applicant would like to discuss these two building height options and receive additional direction from the Town Council. Under either height scenario the Cornerstone EHU requirement would be met either in an off-site location or via a pay-in-lieu option. The applicant believes that the overall Cascade Village parking and EHU questions asked by council can be adequately answered and addressed by the applicant and the town staff. As the GRFA and building height deviations are eliminated or addressed by revisions to the building plans the question of the relationship between public benefit and zoning deviation is also addressed to a significant degree. The applicant looks forward to a productive work session discussion with the Town Council. Thank you for your time and attention. Attachment D Cascade Village Area A EHU History April 9, 2008 Files Researched: 1) Amending Ordinances - Cascade Village SDD No. 4 2) Westhaven Condos 1) Amending Ordinances - Cascade Village SDD No. 4 Ordinance DUs EHUs Ordinance No. 5, Series of 1976 (Establishment) 252 0 Ordinance No. 28, Series of 1977 252 0 Ordinance No. 31, Series of 1978 252 0 Ordinance No. 2, Series of 1979 252 0 Ordinance No. 10, Series of 1982 252 0 Ordinance No. 20, Series of 1984" 287 0 Ordinance No. 40, Series of 1988** 283.5 10 Ordinance No. 12, Series of 1989 283.5 10 Ordinance No. 10, Series of 1990*** 283.5 8 Ordinance No. 20, Series of 1990 283.5 8 Ordinance No. 45, Series of 1990 283.5 8 Ordinance No. 41, Series of 1991 283.5 8 Ordinance No. 1, Series of 1993**** 270 13 Ordinance No. 7, Series of 1993 270 13 Ordinance No. 8, Series of 1995***** 270 22 Ordinance No. 23, Series of 1998 270 22 Ordinance No. 1, Series of 1999 270 22 Ordinance No. 11, Series of 1999****** 270 26 Ordinance No. 14, Series of 1999 270 26 Ordinance No. 12, Series of 2005******* 270 5 Ordinance No. 33, Series of 2005 270 5 Ordinance No. 11, Series of 2007 270 5 Ordinance No. 31, Series of 2007 270 5 Notes: * Ord. No. 20, Series of 1984, approved amendments to increase to total commercial square footage within SDD No. 4; to a maximum of 37,000 square feet, thus precipitating a discussion regarding the provision of employee housing on-site, as well as the provision of a statement within the development plan stating: " On a yearly basis a contractual agreement between the employer and the developer showing evidence of employee housing that is satisfactory to the Town of Vail shall be made available to the Department of Community Development." Ord. No. 40, Series 1988, approved amendments to increase to the total GRFA (1,124 sq. ft.) and commercial space, to a maximum of 56, 538 sq. ft.; also, a requirement for a minimum of 10 employee housing units to be provided either within the Westhaven Condominiums building, Area A, or within the "East Building" of Area D (Glen Lyon Commercial Site/Micro Brewery), was approved. Employee housing units were to be a minimum of 548 sq. ft., be restricted for 20 years, and allowed to be rented and/or sold to local employees of the "upper Eagle Valley" only. Ord. No. 10, Series 1990, approved amendments to Area D and Area A, specifically to require eight (8) units@ 648 sq. ft. within the Westhaven Condominiums building and allowing for the construction of 2 units @ 795 sq. ft. and 900 sq. ft. within Area D. Ord. No. 1, Series of 1993, approved amendments to Area A, specifically to allow for the development of the Cornerstone Site, including amendments to the total number of dwelling units; a minimum of 352 "Accommodation" or "Transient Dwelling Units", were required within Area A; Transient Dwelling Units were to be counted as 1/2 of a dwelling unit for density calculation purposes, resulting in the total density being reduced to 270 dwelling units. In addition, additional employee housing unit requirements were approved, including the provision of three (3) units @ 600 sq. ft. within the Cornerstone building, and two (2) units @ 300 and 800 sq. ft. within the Waterford (Liftside) building, for a total of 13 to be constructed within Area A. These additional units were excluded from the restrictions placed on the 8 units originally required within the Westhaven Condominiums building. However, the Cornerstone and Waterford site EHUs were subject to other restrictions, including the requirement to provide one (1) parking space on-site. Ord. No. 8, Series of 1995, approved amendments to Area A, specifically to allow development of the Westhaven Condominiums site and to increase the number of required employee housing units at the Westhaven Condominiums site from eight (8) to seventeen (17). Three (3) units were still required at the Cornerstone site and two (2) units were required at the Liftside Condominiums site. Ord. No. 11, Series of 1999, approved amendments to Area A, including an increase in the number of required employee housing units to be provided with the development of the Westhaven site. Ord. No. 12, Series of 2005, approved amendments to Area A, specifically eliminating the requirement to provide employee housing units on-site at the Westhaven Condominiums site. Ordinance No. 12, Series of 2005, contained a condition wherein the developer of the Westhaven Condominiums was required to provide the equivalent of 4,400 square feet of deed restricted employee housing, off-site. Files for Westhaven Condominiums contain written evidence that the developer met the requirements of the Vail Town Code by deed restricting three (3) units within the Town. A requirement for the developer of Area A to provide five (5) employee housing units within Area remained for the Cornerstone site (3 units) and the Liftside site (2 units). i O r Attachment B i i i i i pL 1 Attachment C PYLMAN & ASSOCIATES 1►yj I D1 u CIS ,7:~►111iJ~~ I TO: Vail Town Council FROM: Rick Pylman DATE: April 9, 2008 RE: Cornerstone Condominiums, Cascade Village, SDD # 4 APR -s 2008 TOWN OF VAIL The purpose of this memo is to provide brief background information and to introduce subjects for a work session level discussion. No formal revisions to the plans have been made and there is no current request for a formal vote. Based upon discussion of the subjects described below project revisions will be made and, at a later, date as appropriate, a revised Ordinance No. 5 Series of 2008 will be presented to Town Council. DESCRIPTION OF THE REQUEST L-O Westhaven, Inc. is requesting a Major Amendment to Special Development District #4, Vail Cascade, to allow for development plan approval for the Cornerstone site. The Cornerstone site is located within Area A of Cascade Village. A development plan was approved via Ordinance No.I Series of 1993, however, development of the site has not occurred. BACKGROUND On January 28, 2008 the Town of Vail Planning and Environmental Commission voted 6-0 to recommend approval, with conditions, of the proposed amendment to SDD #4. On February 19, 2008 the Town Council tabled the first reading of Ordinance No. 5, Series of 2008. The council articulated several issues with the proposed development plan. (1) The development plan represented an increase in the total GRFA originally approved for Area A of Cascade Village. Direction to the applicant was that GRFA should remain within the limitations of original approval for Area A. (2) The proposed building heights ranged from 60' at the east wing of the building to 91' at the west wing. The allowable building height specified for Cornerstone is 71'. General direction was given to lower the building height and several council members directed building height to remain within the 71' limitation. Office: 137 Main Street, Suite C-107W Edwards, Colorado 81632 Mail: P.O. Box 2338, Edwards, Colorado 81632 Phone: (970) 926-6065 Fax: (970) 926-6064 Email: rick®pylman.com 0 (3) Other issues included the level of public benefit proposed in relation to the requested deviation from GRFA and building height, and questions regarding overall Cascade Village parking requirements and overall Cascade Village EHU requirements. WORK SESSION DISCUSSION The applicant will revise the building plans to reduce GRFA to meet the allowance for Area A. A preliminary revision of the floor plans indicates that overall GRFA will remain at least 500 square feet below the allowance. Through the above described GRFA reductions, by moving two dwelling units from the west wing to the east wing and by eliminating one floor level of on-site EHU's the applicant has conceptually redesigned the building to meet the 71' building height. This represents a building height reduction of 20' at the west wing and an increase in height of 11' at the east wing. The proposed heights had been 91' and 60' respectively. This addresses council members direction and is in compliance with the existing ordinance. This revision will however, if formally proposed for approval, likely meet with significant opposition from the neighboring Liftside Condominium Owners Association due to the change in proposed height from 60' to 71' at the east wing. A second building design option is to retain the lower 60' height in front of Liftside and to allow a building height of 81' at the west wing. The increase in height at the west wing would be offset by the lower height in front of Liftside. This would allow the applicant to meet the desired building program and present a lower profile to the Liftside owners. Prior to investing significant resources into a detailed building redesign the applicant would like to discuss these two building height options and receive additional direction from the Town Council. Under either height scenario the Cornerstone EHU requirement would be met either in an off-site location or via a pay-in-lieu option. The applicant believes that the overall Cascade Village parking and EHU questions asked by council can be adequately answered and addressed by the applicant and the town staff. As the GRFA and building height deviations are eliminated or addressed by revisions to the building plans the question of the relationship between public benefit and zoning deviation is also addressed to a significant degree. The applicant looks forward to a productive work session discussion with the Town Council. Thank you for your time and attention. Attachment D Cascade Village Area A EHU History April 9, 2008 Files Researched: 1) Amending Ordinances - Cascade Village SDD No. 4 2) Westhaven Condos 1) Amending Ordinances - Cascade Village SDD No. 4 Ordinance DUs EHUs Ordinance No. 5, Series of 1976 (Establishment) 252 0 Ordinance No. 28, Series of 1977 252 0 Ordinance No. 31, Series of 1978 252 0 Ordinance No. 2, Series of 1979 252 0 Ordinance No. 10, Series of 1982 252 0 Ordinance No. 20, Series of 1984* 287 0 Ordinance No. 40, Series of 1988** 283.5 10 Ordinance No. 12, Series of 1989 283.5 10 Ordinance No. 10, Series of 1990*** 283.5 8 Ordinance No. 20, Series of 1990 283.5 8 Ordinance No. 45, Series of 1990 283.5 8 Ordinance No. 41, Series of 1991 283.5 8 Ordinance No. 1, Series of 1993**** 270 13 Ordinance No. 7, Series of 1993 270 13 Ordinance No. 8, Series of 1995***** 270 22 Ordinance No. 23, Series of 1998 270 22 Ordinance No. 1, Series of 1999 270 22 Ordinance No. 11, Series of 1999****** 270 26 Ordinance No. 14, Series of 1999 270 26 Ordinance No. 12, Series of 2005******* 270 5 Ordinance No. 33, Series of 2005 270 5 Ordinance No. 11, Series of 2007 270 5 Ordinance No. 31, Series of 2007 270 5 Notes: Ord. No. 20, Series of 1984, approved amendments to increase to total commercial square footage within SDD No. 4; to a maximum of 37,000 square feet, thus precipitating a discussion regarding the provision of employee housing on-site, as well as the provision of a statement within the development plan stating: " On a yearly basis a contractual agreement between the employer and the developer showing evidence of employee housing that is satisfactory to the Town of Vail shall be made available to the Department of Community Development." Ord. No. 40, Series 1988, approved amendments to increase to the total GRFA (1,124 sq, ft.) and commercial space, to a maximum of 56, 538 sq. ft.; also, a requirement for a minimum of 10 employee housing units to be provided either within the Westhaven Condominiums building, Area A, or within the "East Building" of Area D (Glen Lyon Commercial Site/Micro Brewery), was approved. Employee housing units were to be a minimum of 548 sq. ft., be restricted for 20 years, and allowed to be rented and/or sold to local employees of the "upper Eagle Valley" only. Ord. No. 10, Series 1990, approved amendments to Area D and Area A, specifically to require eight (8) units@ 648 sq. ft. within the Westhaven Condominiums building and allowing for the construction of 2 units @ 795 sq. ft. and 900 sq. ft. within Area D. Ord. No. 1, Series of 1993, approved amendments to Area A, specifically to allow for the development of the Cornerstone Site, including amendments to the total number of dwelling units; a minimum of 352 "Accommodation" or "Transient Dwelling Units", were required within Area A; Transient Dwelling Units were to be counted as 1/2 of a dwelling unit for density calculation purposes, resulting in the total density being reduced to 270 dwelling units. In addition, additional employee housing unit requirements were approved, including the provision of three (3) units @ 600 sq. ft. within the Cornerstone building, and two (2) units @ 300 and 800 sq. ft. within the Waterford (Liftside) building, for a total of 13 to be constructed within Area A. These additional units were excluded from the restrictions placed on the 8 units originally required within the Westhaven Condominiums building. However, the Cornerstone and Waterford site EHUs were subject to other restrictions, including the requirement to provide one (1) parking space on-site. Ord. No. 8, Series of 1995, approved amendments to Area A, specifically to allow development of the Westhaven Condominiums site and to increase the number of required employee housing units at the Westhaven Condominiums site from eight (8) to seventeen (17). Three (3) units were still required at the Cornerstone site and two (2) units were required at the Liftside Condominiums site. Ord. No. 11, Series of 1999, approved amendments to Area A, including an increase in the number of required employee housing units to be provided with the development of the Westhaven site. Ord. No. 12, Series of 2005, approved amendments to Area A, specifically eliminating the requirement to provide employee housing units on-site at the Westhaven Condominiums site. Ordinance No. 12, Series of 2005, contained a condition wherein the developer of the Westhaven Condominiums was required to provide the equivalent of 4,400 square feet of deed restricted employee housing, off-site. Files for Westhaven Condominiums contain written evidence that the developer met the requirements of the Vail Town Code by deed restricting three (3) units within the Town. A requirement for the developer of Area A to provide five (5) employee housing units within Area remained for the Cornerstone site (3 units) and the Liftside site (2 units). 0 D N r p p N N d N N Ul 00 r W C NJ r r r r N 3 3 r r r r r 3 ' N ~ O p j p j p j N N N N N N W r 0 tD 00 V m W N r O tD ~I 0) Ul - W N tD 00 ~I ' 0) Cn. 4 0- t flJ lD r0 O a 0) tDOoco00 Lnco 0)Ili Vrn44U1 V 400)4-4 vi 4wUlIli taIli CO< O < U, N 0 kD Ln Ln kD Ln V v, U, U, U c rj a) n Ln Ln Ln o O N OO'N O to co 2 p F- D Q d 3 C Cr L rD rlr (A 0'a r 6 n, (D VlOVtDO Vto0co00 V.4 .4 rn00 Ln0)w-4'44rn.4 rntD00000< m 0UiLnLn -J , 0Ln0 n000kDOVCnOInN'0Ln nO:C) 00 n(D -I N N a OJ V fl1 cD (D N (D F- p N N W V N W F- N r N N W N N r r r N N N WN r PQ < n= 0 Cn0U,U, toCnU,CD 00cnOtoOONrcncn0NcnOONLnp(D cD ~p w r~r CL rt I I (7 r W rntoV01v rnrnvvvrn4MM0MLn444%,jW44M%DVtD< ~ (D OOOOO WLnOOOOOOU,OU,OOOOOU,NOOOOWM o r 0 3 U:l r rt Vto co ~IO) m -400000NJ V MC)0tD JLn44.4LnC)rnU14000)0< -s ~ N P0000 0NNU,U,U,0000'WONrINOOOO'OOCo C(D ,rt N ~ m 3 1l r N N F-r N r r r w'N N'r r W N W r co rlr Ln N r rr N r w< (D U, O O Cn O O O O O N Ul O cn O O Ul tD O O O tD M Ln O W Ul N CT W N w i 0 D O to = 0 ~v0) tnLn0 nMLnM nUlW 4 n:M44W Ww44W4CnMLn-,j o ~ tDWrtDtD NtDtDW(n'w0)NIli nto WtoN400v1all NNv14NJ N ~ O 7 n O 00 07 0, 01 < (A fD D to 0 N a d < to i 0 (D o I IR =3 o p W W d N N N N N W W N F-• 0 -1 00 -I 0) U, ? LrI Cu rt L (D n 0) to 00 0) (n Cn 0) m =r m00000LnOU1to o n 3 o m M rt a :3 Qj < V .D tD 0010) 0) co v N 00 O lD Cn Cn O Ul a 0) rt 0) W to lp 00 N h- N N O CO N O~ O O U1 m ko co 01 M Ul N 0) .A 00 kD 00 1I Ul ul O ~I %D lD co Ili 0) 0) -j 000Ln0 0)40 tD N tD 00 CO N N U1 CO O 0 0 In 0 0 co V N 4 4 U 0 0 0 0 0 CO CO CO F- W ~ Ul ~J LW MEMORANDUM TO: Town Council FROM: Community Development Department DATE: February 19, 2008 JUGt-t-rCT1d-- TCX-4 eA-u 1: ~ Z SUBJECT: First reading of Ordinance No. 5, Series of 2008, an ordinance repealing and re-enacting Ordinance No. 1, Series of 1993, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to 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. (PEC070055) Applicant: L-O Westaven, Inc., represented by Pylman and Associates, Inc. Planner: Scot Hunn ZOO~~ - 1. DESCRIPTION OF THE REQUEST 'H'IV 70ALIz._ nA~n2~4+ t,8tu T-W~'v ZA n o The applicant, L-O Westaven, Inc., represented by Pylman and Associates, Inc., is requesting a major amendment to Special Development District No. 4, Vail Cascade, Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for certain amendments to development standards established for Area A, Cascade Village, and to allow for the development of the Cornerstone Site. II. BACKGROUND The Cornerstone Site is located within Area A, Cascade Village. It is the last developable parcel within Area A. A development plan for the Cornerstone Site was approved via Ordinance No. 1, Series of 1993, however development of the site never materialized due to market conditions. On January 28, 2008, the Town of Vail Planning and Environmental Commission held a public hearing on a request for a major amendment to Special Development District No. 4, Vail Cascade Subdivision, Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the development of the Cornerstone Site. Specifically, the applicant proposes to revise the following development standards applicable to Area A, Cascade Village, to facilitate the development of 23 free market condominium units, four employee housing units, a new ticket office for lift ticket sales operations by Vail Resorts, Inc., and underground parking: • Increase the allowable GRFA.. reef A from 289,145 sq. ft. to 295,611 sq. ft. (an increasf 6,466 sq. ft.); • Increase the allowable bu Iding heighi-from 74-feet4o--9+Yfeet; and' • Revise the required on site parking in accordance with the current proposal. -29 S 2-9q Upon review of the request and a site specific development plan, the Planning and Environmental Commission voted 6-0-0 to forward a recommendation of approval, with conditions, of the request to amend Special Development District No. 4, Vail Cascade, to the Vail Town Council. The conditions made part of the Planning and Environmental Commission's recommendation is as follows: "1. That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. That the Developer shall submit a complete set of civil engineered drawings of the Approved Development Plans, including but not limited to 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, up to 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 Developer making application for the issuance of a building permit. 3. That the Developer shall address and resolve, to the satisfaction of the Town Engineer, all "General Conditions of Approval" identified in the memorandum from the Town Engineer, and addressed to Scot Hunn, dated January 25, 2008. Item number one listed under "Comments" within the same memorandum from the Town Engineer shall be struck from the record for purposes of this approval. 4. That the Developer pays in full, the employee housing mitigation fee of $ 7 prior to the issuance of a building permit. 5. 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. 2 6. 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 for a minimum of one (1) public art improvements to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type 111 deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. " Since January 28, 2008, the applicant has met with the Town of Vail Design Review Board for conceptual review of the proposed plans. The DRB endorsed the plans conceptually. As well, the applicant has met once with the Art in Public Places Board and has received feedback on a concept to integrate the "Morales" sculpture within the plaza level of the development as a public benefit. Other ideas centered on providing a sculpture within the landscaping within the "Skier Passage" way leading from Westhaven Drive to the public stair and elevator access to the chairlift. III. CRITERIA FOR REVIEW The criteria outlined in section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the criteria listed within section VIII of the Staff's January 28, 2008, memorandum, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Town Council approves Ordinance No. 5, Series of 2008, on first reading, an ordinance repealing and re-enacting Ordinance No. 1, Series of 1993, in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to Special Development District No. 4, Vail Cascade Subdivision; and to 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. Staff's recommendation is based upon the review of the criteria noted in the January 28, 2008, staff memorandum to the Planning and Environmental Commission and the evidence and testimony presented. Should the Town Council choose to approve Ordinance No. 5, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: 3 "The Town Council finds that the applicant has demonstrated to the satisfaction of the Council, based upon the evidence and testimony presented: 1. That the proposed major amendment complies with the standards outlined in the design criteria of Section 12-9A-8, Vail Town Code, based upon the review outlined in Section Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission; and, 2. That the proposed major amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town, based upon the review outlined in Section Vlll of the Staffs September 28, 2008, memorandum to the Planning and Environmental Commission; and; 3. That the proposed major amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas based upon the review outlined in Section Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission; and, 4. That the proposed 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 Vlll of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission. " V. ATTACHMENTS A. Staff memorandum to PEC dated January 28, 2008 B. Ordinance No. 5, Series of 2008 C. Report by Pylman and Associates, Inc. 4 Liftside Condominium Association 1234 Westhaven Drive Vail, Colorado 81657 February 12, 2007 Honorable Dick Cleveland 75 South Frontage Road Vail, CO 81657 RE: Cornerstone Project Vail Cascade Dear Mayor Cleveland: FEB 18 2008 TOWN OF VAIL There has been much dialogue between the Liftside Condominium Association and the developer of the above referenced project. The developer has been very receptive to our comments and suggestions regarding the impact of Cornerstone on the Liftside building. As a result of those concerns various modifications have been made to the proposed structure. At this juncture, the Liftside Condominium Association voices no objections to the revised plans that will be submitted to the Town Council on February 19, 2008. Should you have any questions or require additional information I may be contacted at either the above address or by telephone at 479.0885. Sincerely, AL d -A-4 John I Hardy President, Liftside Condominium Association (02/19/2008) Scot Hunn - Heights Adjacent to Cornerstone Page _11 From: "Sidney Schultz" <sid@gpslarchitects.com> To: Scot Hunn"' <SHunn@vailgov.com> Date: 02/19/2008 3:44 PM Subject: Heights Adjacent to Cornerstone Attachments: HeightComparison.PDF CC: "'Rick Pylman"' <rick@pylman.com>, "'Jim Pavisha"' <jpavisha@destination... Scot, I pulled drawings for Liftside and the Cascade Hotel (see attached drawings; should print to scale on 11x17 paper) and have the following summary based on the information we have in our office: Liftside - average height is about 65 feet with a max of about 75-6". Cascade Hotel - most of the hotel is 60 feet above the plaza level and 71 feet on the creek side. At the pool level the height is about 88 feet. Hope this helps. See you this evening. Sid 7. E ! ~ F394 83~: 4I d aus aao~ 1. I t a a a I,.,- f~3 _t~:T C~ R w 0 C4 i ,J .LL f " t ~J i 1 ~ I ~ i~}`L r! 4 ` 1 5. tt e, it) ~ Y4 F s ti t k t a. 'F". . 4i Attachment A MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: January 28, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc. Planner: Scot Hunn 1. SUMMARY The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc., has requested final review by the Planning and Environmental Commission for a Major Amendment to Special Development District No. 4, Cascade Village, to allow for the development of a mixed use project on the property known as the Cornerstone site, inclusive of: o One (1) building containing a total of twenty three (23) free market condominiums (55,931 sq. ft. of GRFA), four (4) deed restricted, Type III employee housing units (EHUs) and two levels of underground parking, for a total of eight (8) stories above pedestrian plaza grade on the south side of the building; o Enhancement of skier drop-off pedestrian access through subject property, including a snow melted and covered exterior staircase and dedicated elevator from Westhaven Drive level to the plaza level below; o Improvement (re-development) of lift ticket sales office (skier services), public plaza areas and the provision of public bathrooms adjacent to the existing Cascade Village chairlift; and o Completion of sidewalk links and certain other on-site and off-site improvements Final Plan review is requested with regard to master plan recommendations, specific design guidelines and Code requirements applicable to any re- development of this site. To this end, Staff has prepared a written analysis summarizing the requirements and guidelines outlined in: o The Town of Vail Land Use Plan o The Town of Vail Municipal Code o Ordinance No. 31, Series 2007, Major Amendment to Special Development District No. 4, Area A, Cascade Village Requested Outcome The intended outcome of this meeting is for the Commission to take formal action on the development application, citing certain applicable findings and criteria as the basis for approval, approval with conditions, or denial of the application. To this end, Staff is recommending approval, with conditions, of the Major Amendment to SDD No. 4, as detailed in Section IX of this memo. DESCRIPTION OF THE REQUEST Purpose of Review The purpose of this meeting is to conduct a final plan level of review relative to the Cornerstone project's conformance with the Town of Vail Land Use Plan, as well as the applicable sections of the Town of Vail Municipal Code. As well, Staff has reviewed this proposal against previously established development standards, contained with the ordinance language for SDD No. 4, Cascade Village, for the Cornerstone Site. Project Overview The attached plan sets (Attachment B) dated January 23, 2008, submitted by the applicant depict proposed improvements including but not limited to: Lower Parking Level 20,304 sq. ft. (gross) area • Parking area to accommodate accessible space • Internal vehicular access ramp • Ancillary mechanical and trash elements (stairwells/elevator shafts; 33 spaces, including one ADA space and common circulation Upper Parking Level (Plaza Level) • 19,961 sq. ft. (gross) area • Parking area to accommodate 23 spaces, including three (3) ADA accessible spaces • Ancillary mechanical space and common circulation elements (stairwells/elevator shafts) • 623 sq. ft. (gross) skier services (commercial) square footage located on the plaza level including a three-window ticket sales area and administrative office space • Owner ski lockers, Owner Lounge and skier services facilities, including a 3-window ticket sales area, administrative office space and public restrooms • Two public restroom facilities (481 sq. ft) • Common elements Ground Level Residential (Westhaven Drive Ground Level) • 18,787 sq. ft. (gross) area • Four (4) 933 square foot, Type III employee housing units (EHUs) located within the West Wing of the building • Three (3), one-story free market condominium units • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) • Common elements Level One Residential • 16,811 sq. ft. (gross) area • Six (6), one-story free market condominium units • "Skier Passage" way from Westhaven Drive drop-off point on the North side of the building to new snow melted (covered) stairwell on South side of the building • Common elements Level Two Residential • 14,284 sq. ft. (gross) area • Four (4), one-story within the West Wing of the building • Two (2), two-story (main plus loft) free market condominium units within the East Wing • Common elements Level Three Residential • 13,217 sq. ft. (gross) area • Four (4), one-story free market condominium units within West Wing of the building • Two (2), two-story (main plus loft) free market condominium units within East Wing of the building • Common elements Level Four Residential • 7,594 sq. ft. (gross) area • Two (2), one-story free market condominiums within the West Wing • One (1) two-story (main plus loft) free market condominium unit within West Wing of the building • Common elements Level Five Residential • 4,615 sq. ft. (gross) area • One (1) two-story (main plus loft) free market condominium • Loft area for one (1) units in West Wing of the building • Common elements Level Six Residential • 1,814 sq. ft. (gross) area • One (1) loft for two-story level five • Common elements 3 Of note is the creation of four (4), deed restricted Type III employee housing units (EHUs), a heated pedestrian plaza ("Skier Passage") and stair well off of Westhaven Drive providing access to the plaza level. In addition, the applicant is working with the Town of Vail to design and construct certain sidewalk, turn land, bus lane and skier drop-off improvements within and around the Westhaven Drive. Applicable Review Criteria To this end, review of the Cornerstone Building project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary Findings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 31, Series of 2007 - An Ordinance Amending and Re- Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND Special Development District No. 4 Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve revisions to the Cascade Residences ("CMC" Building) development in 2007. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site Area E Tract K 4 The entire Cascade Village site is approximately 97.5 acres. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. Cornerstone Site History The Cornerstone site is located south of Westhaven Drive, between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference center. The total site area is 0.6977 acres in size and slopes steeply from Westhaven Drive to the hotel terrace and Cascade Village chairlift level. The chairlift is located immediately adjacent to the site and a public pedestrian easement allows for access across the site from Westhaven Drive to the chairlift. The adjacent Waterford site (Liftside Condominiums) and the Cornerstone site are the only two development parcels within the SDD permitted to establish separate development plans. In 1992 the Town of Vail Planning and Environmental Commission recommended approval of the development plan for the Waterford (Liftside Condominiums) and Cornerstone buildings; the Vail Town Council subsequently approved the development plan via Ordinance No. 1, Series of 1993. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: 0 41,010 total (gross) square feet of building area; 0 64 Transient Residential Units/28,110 square feet of GRFA; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; 0 11,100 square feet of retail/commercial space; 0 56 on-site parking spaces for residential uses; > L~3 -rM AL, 0 37 on-site parking spaces for retail commercial uses 0 71 foot building height limit Current Proposal On September 24, 2007, the Planning and Environmental Commission held a work session to discuss a concept for the proposal. At that time, the applicant proposed a similar design for one building, with two separate wings. The West Wing of the previous design showed a maximum height of 82 feet with the East Wing measuring 71 feet in height. However, in response to concerns voiced by adjacent property owners and the Planning and Environmental Commission, concerning building height, views and massing, the applicant revised the plans to: • Relocate condominium units from the East Wing to the West Wing, thus increasing the mass and height of the West Wing by adding one floor for a total of eight (8) stories above grade (as measured from the Plaza Level - on the south side of the building) and reducing the height of the East Wing to mitigate concerns from Liftside Condominium property owners. gyp,/ On November 26, 2007, the Commission held another work session to review the -~1 revisions. At that meeting, the Commission expressed general support for the revised plans and elevations. However, two Commissioners expressed concern regarding proposed building heights at the West Wing of the development. Specifically, Commissioner Kjesbo recommended that the applicant study the massing and absolute height apparent on the south elevation, due to this elevation's proximity to the pedestrian plaza between the proposed Cornerstone Building and the existing Vail Cascade Hotel "Terrace" Wing. Commissioner Pierce suggested that the applicant mitigate the apparent mass of the West Wing by introducing additional building and roof mass at the lower levels of the building, facing the pedestrian plaza. Since the November 26, 2007, meeting, Staff has met with the applicant several times to discuss issues related to building massing and height, as well as, to work towards resolution on the following outstanding issues: • Westhaven Drive Improvements - turn lanes, bus turn-around, skier drop- off; and • Snow storage. At this time, the applicant requests final review of the site and building plans only. Targeted date of construction is spring, 2009. The Town Staff and the applicant have agreed to continue to work towards mutually agreed upon design solutions for any and all required improvements to Westhaven Drive and any ancillary sidewalk and snow storage improvements. (A concept sketch of Westhaven Drive design solutions is included in plans provided under attachment B). IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. Design Review Board. 6 The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) District, Vail Municipal Code (in part) Chapter 9 - Special and Miscellaneous Districts 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-9A-10: AMENDMENT PROCEDURES (In part): B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Ordinance No. 31, Series of 2007 An Ordinance Amending and Re-Establishing the Approved Development Plan for Area A of SDD No. 4, Cascade Village, in Accordance with Section 12-9A-10, Vail Town Code and Setting Forth Details in Regard Thereto. (In part) Ordinance No. 7. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New 7 Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto (In Part) Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto (In Part). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential VI. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. ZONING ANALYSIS Staff has completed a zoning analysis, comparing in some instances the previously approved (now expired) development plan for the Cornerstone Site, with current or proposed plans. As well, Staff has provided general development standards and overall figures for Cascade Village, Area A as the certain standards apply to the entire planning area. Lastly, "Per Dev. Plan" refers to the process by which certain allowable standards are established via the approval of the individual development plan. Legal Description: Cascade Village (Cornerstone Site) Parcel No. 210312119001 Address: 1276 Westhaven Drive Lot Size: .69 acres (30,056 sq ft) Zoning: Special Development District No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort / Spa Development Standard Allowed/Req. Exist/Approved* Proposed Lot Area: N/A 30,056 sq. ft. No Change Buildable Area: 30,056 sq. ft. No Change Setbacks North: Per Dev. Plan 5' 3' South: Per Dev. Plan 2'-6" 4' East: Per Dev. Plan 1'-6" 5' West: Per Dev. Plan 2' 5'** Building Height: 71' 71' 91, Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 245 DU*** 268 DU GRFA (Area A): 289,145 sq. ft. 239,680 sq. ft. 55,931 sq. ft.**** 9 Comm. Sq. Ft. (Area A): 35,698 sq. ft. 24,598 sq. ft. 623 sq. ft. or ~ f~ 1 25,221 sq. ft. Site Coverage (Area A): 45%***** or 36% 40% Per Dev. Plan Landscape Area (Area A): 50% 64% 60% Parking (Cornerstone): 93 spaces****** 93 56 spaces VII. VIII. Note: * Existing or approved refers to development standards approved via the 1993 development plan (now expired) and are provide for information and comparison purposes only. West side setback measured from property line to exterior wall of residential building; applicant proposes parking ramp to be built off property, on adjacent "Plaza Wing" with the creation of an access easement. Total existing density includes approval of additional dwelling units proposed within the Cascade Residences, pursuant to File No. PEC07-0058. Applicant proposes to increase the total allowable GRFA for Area A from 289,145 sq. ft. to 295,611 sq. ft. (total increase of 6,466 sq. ft.) to accommodate development of the Cornerstone Site; due to previously approved density (GRFA) at other parcels within Area A since original approval of the Cornerstone building in 1993, less GRFA is now available for the development of the Cornerstone Site than was originally anticipated. Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to 45%. SDD No. 4 states that "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." Staff believes that this requirement is no longer valid due to previous development plans which contained larger amounts of commercial and residential square footage has expired. The current proposal requires 56 parking spaces. SURROUNDING LAND USES Land Use Zoning * North: Parking Structure/Liftside Condos SDD No. 4 South: Vail Cascade Hotel/Glen Lyon Sub. SDD No. 4 East: Common Area/open space/ Rec SDD No. 4 West: Vail Cascade Hotel SDD No. 4 Note: * According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. REVIEW CRITERIA The following section of this memorandum is included to provide the Applicant, community, Staff, and Commission with an advanced understanding of the criteria and findings that will be used by the reviewing boards in making a final decision on the proposed application. 10 Chapter 9 - Special and Miscellaneous Districts 12-9A-8: DESIGN CRITERIA: The following design criteria shall be used as the principal criteria in evaluating the merits of the proposed special development district. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Overall Compatibility The Applicant is proposing a major amendment to the special development district which Staff believes will have positive overall impacts on the appearance and functionality of the area. Specifically, the Cornerstone Site is the last development site within Area A, and therefore presents opportunities to complete the overall development plan for Cascade Village and provide needed amenities to the larger community. Specifically, Staff suggests that the following improvements will enhance the site's compatibility, and as public benefits, will greatly improve the character, identity, and visual integrity of the neighborhood: Enhanced skier passage way/entry portal to Cascade Village Chairlift; • Sidewalk connections within and around the site; • Enhanced Pedestrian Plaza area between existing Terrace Wing of the hotel property, and the proposed Cornerstone Building; and • Creation of bus turn around and skier drop off. Design of the site and proposed buildinas~einforces the connectivity of the ,ntv Cgrne~stone site to the rest of th~Cas~adP Villag~.._Area. As well, the design generally enhances the architecture, scale, bulk and visual character of the surrounding neig borhood by incorporating massing, building materials, roof forms and compositions that relate to the surrounding built environment. Massing has been revised to mitigate impacts on adjacent structures (Liftside Condominiums) and the applicant has made certain other revisions to balconies and fenestration around the building which Staff believes will positively affect building mass, bulk, building height and character of the immediate and surrounding environment. However, as the plans are further developed, the applicant will be required to address the following areas of concern regarding specific design issues related to design and construction of on-site and off-site improvements at the Westhaven Drive entrance, including but not limited to: • Turn lanes; • Adequate queuing areas; • Landscaped and irrigated medians; • Six foot wide sidewalk connections from the proposed skier portal to the South Frontage Road on both sides of Westhaven Drive • Ten foot wide sidewalk connection along the South Frontage Road from the western most point of the Cascade Parking/Conference Center building to a point in front of the Liftside Condominiums, approximately 680 feet in length (including a crosswalk); • Bus turn around and bus stop meeting Town of Vail and ECO standards; • Three space skier drop-off; • Landscaping; and • Adequate snow storage areas as approved by the Town of Vail Public Works Department. Bulk and Mass Staff believes the proposed improvements are consistent with the Vail Comprehensive Plan. While the overall mass of the building will surpass (in height) previously approved buildings on this site, Staff believes that the Applicant has presented plans that enhance the overall massing, composition and appearance of the planning area (Area A, Cascade Village) by introducing compatible roof forms, as well as, new roof forms that step and which will add variety to the overall roof composition throughout Area A. In addition, Staff believes the proposed application of exterior materials, specifically the introduction of substantial amounts of stone veneer at key locations (foundation level), the introduction of secondary roof structures, the revisions to the placement and size of certain balconies and window openings, and the continued use of stucco as a predominant "Cascade Village" material, aid in "stepping down" the mass of the building from the pedestrian level. Building Height Staff believes, despite a proposed maximum building height of 91 feet in one area of the building, the proposed building heights for both the West and East wings of the building are generally compatible and sensitive to the immediate environment. Pursuant to Ordinance No. 31, Series 2007, building height for SDD No. 4 is calculated as follows: "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. " Further, that: "Cornerstone Building: Maximum height of 71 feet. " 12 Although the proposed maximum height of the West Wing is now shown at 91 feet, as measured to existing grade on the south (pedestrian plaza) side of the development, Staff believes that the overall building heights for both wings are appropriate in context to surrounding structures, as well as, the overall Cascade Village development. * Approved building heights within Area A (according to development standards listed in SDD No. 4, Ordinance No. 31, Series 2007) range from 26 feet to 71 feet. By comparison, building heights proposed within the Cornerstone Building range from approximately 42 feet to 91 feet. Also, Staff has calculated that approximately 30% of the overall roof mass is above 71 feet. As discussed in previous meetings with the Planning and Environmental Commission, the proposed building massing and height may actually enhance the perceived variation in roof height within Area A, thus producing a positive "mix" of roof heights and building masses which reinforce the tightly clustered "Village" concept. Further, as depicted on the photo overlays provided by the applicant, the proposed West Wing of the Cornerstone Building, while taller than the adjacent Liftside Condominiums building (55 feet tall on the north/frontage road side), presents a similar appearance (between 57 feet and 75 feet tall on the north side) when viewed from 1-70 and the frontage roads. Character As stated above, Staff believes the proposed improvements will result in a positive, or beneficial, impact to the surrounding area. The manner in which the Applicant proposes to integrate the building's mass, roof compositions and forms, fenestration and exterior building materials enhances or reinforces the Cascade Village architectural style and character. Other improvements to enhance the skier drop-off, skier passage way and pedestrian plaza areas will provide a much needed upgrade to the pedestrian experience of this portal to Vail Mountain. Setbacks Ordinance No. 31, Series of 2007, states the following relative to required setbacks prescribed within Area A, in part: "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..." "All buildings shall maintain a 50 foot stream setback from Gore Creek. " The current proposal establishes the building footprint at the approximate distances away from property lines: North: 3 feet; South: 5 feet; East: 5 feet; and West: 2 feet (2' between the proposed parking ramp and the existing "Plaza Wing" of the hotel/5' between the western property line and the exterior wall of the proposed Cornerstone Building). The previously approved development plan established the building footprint approximately 5 feet from the North property line; 2 '/z feet from the South property line; 1 '/2 feet from the East property line, and; 2 feet away from the West property line. 13 Therefore, Staff believes that the current proposal generally provides for better separation between the proposed buildings and the footprints of adjacent buildings. As well, Staff suggests that the current proposal could be construed to create less visual impact to adjacent properties closest to the East property line. Lastly, there is more distance (by approximately 3 feet) provided between Gore Creek and the proposed structure. Site Coverage Ordinance No. 31, Series of 2007, states the following relative to 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. " Staff has calculated the existing site coverage within Area A at approximately 34% of the total land area. As proposed, the Cornerstone Building (total individual site coverage of approximately 67% of the Cornerstone site) brings the total site coverage for Area A to approximately 37%. Therefore, Staff believes that the proposal complies with, or does not adversely impact, this standard applied to the overall development area (Area A). B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. }1 Staff believes the proposed uses, activities and density continue to provide a compatible, efficient and workable relationship with surrounding uses and activity. Specifically, the proposed uses are primarily residential (mulit- family and employee housing), with limited first floor commercial (skier services), both uses by right and both uses that are similar to surrounding multi-family, lodge and commercial uses. The design of the project respects surrounding structures, uses and activities by providing generally compatible building massing, roof forms and composition, architecture and by providing enhanced skier drop-off improvements and pedestrian plaza serving the overall neighborhood. As well, the project's design is respectful of surrounding uses and activities by not adversely impacting existing loading and delivery (service) areas or shifting any parking burden onto the overall development. Staff suggests that while the building is compatible with surrounding sites, the applicant shall be required to demonstrate that proposed parking ramp improvements on the west side of the site will not adversely impact the adjacent "Plaza" site. C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. The provisions of SDD No. 4 state the following with specific reference to Area A and the Cornerstone Site: 14 y7 1. "Off-street parking shall be provided in accordance with Chapters 12-10, 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 1, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. (44. 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. " Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units" (TRs), free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a .4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a .1 space per 100 sq. ft. ratio accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the 1993 development plan was 91 spaces. The current proposal contains no Transient Residential/accommodation units or commercial square footage. In addition, the twenty three (23) free market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the previous 32 units approved for the site. Pursuant to Chapter 12-10 of the Vail Town Code, the current proposal requires 56 spaces. 56 spaces are proposed within two levels of structured parking. Therefore, Staff believes the proposal complies with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Employee Housing Provision Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "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." Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the 15 Cornerstone Building shall have a minimum square footage of 600 square feet. " In addition to previously established requirements of SDD No. 4, the development of the Cornerstone Building is subject to the Town' Employee Housing regulations, specifically Ordinances 7 & 8. In February of 2007, the Town Council passed Ordinances No. 7 and No. 8, Series of 2007, which enacted regulations for the provision of employee housing units through several possible mitigation methods for all projects in the Special Development District. Within these ordinances a nexus was established between commercial and residential development and the generation of employees was established. In adopting these ordinances a methodology was established to determine the impact of a commercial and residential development on the need for employee housing at a goal of providing 30% of the housing generated by a project. Furthermore. there were provisions for meeting the requirement for providing employee housing through several different options or combination of options. The options include: • Provision of on-site units; • Conveyance of property on-site; • Provision of off-site units; • Payment of fees-in-lieu; and • Conveyance of property off-site A proposed development or redevelopment may choose to propose any of the above options or combination of options. Within the two Ordinances, the Planning and Environmental Commission was given the authority to review an applicant's proposal for mitigating the employee generation of a project and grant approval of the proposal. There are some specific instances were the Town Council must also accept the proposal for mitigating the employee requirement generated by a project. The Staff has reviewed the proposal for compliance with Ordinance No.(s) 7 and 8, Series of 2007, and found it to be accurate in calculating the mitigation requirement for the proposed Cornerstone Building project. Staff has attached the proposed mitigation plan, as outlined in Section 3.5 of the Project Overview/Summary by Pylman & Associates (Attachment B). At its November 26, 2007, public hearing several members of the Commission suggest that the proposed mitigation of providing four EHUs on-site, in addition to providing the remainder of the mitigation as pay-in-lieu, was appropriate. Within the Plan the applicant proposes to mitigate the housing requirement, based on a total (new) gross residential floor area (GRFA) of 55,931 square feet, by the incorporation of four (4) employee housing units on site measuring 933 square feet each (3,732 sq. ft. total), and a Residential Mitigation payment-in-lieu in the amount of . In addition, the applicant proposes new ticket sales and offic space totaling 623 square 16 feet. There are currently approximately 350 square feet of ticket sales and office space on site. Therefore, the net increase in commercial (retail) square footage is 273 square feet. The following calculations provide an analysis for employee housing, payment-in-lieu mitigation to be required: Residential Mitigation Calculation 55,931 sq. ft. (new) GRFA x 10% = 5,593 sq. ft. mitigation required 5,593 sq. ft. required - 3,732 sq. ft. proposed = 1,861 sq. ft. remaining 1,861 sq. ft. x $236.65/sq. ft. = payment-in-lieu required Commercial Mitigation Calculation: 273 sq. ft. (net new) commercial space 273 sq. ft. x 2.4 employees/1000 sq. ft. of new net floor area = .13 .13 employee mitigation requirement x $131,385.00 = $ 17( Total Mitigation Required: Residential Mitigation: $289,659 Commercial Mitigation: $ 17,080 Total: $306,739 Currently the Town has no plan for the funds that may be collected from the payment-in-lieu option for mitigating housing requirements. Funds collected from this option could be used to construct units or to purchase units and then resell them after placing a deed restriction upon the property and selling them for a more affordable price. Vail Land Use Plan The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the amendment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals, objectives and policies are relevant to the review of this proposal: Vail Land Use Plan 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 17 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Staff believes the proposed development generally furthers the above referenced goals, objectives and policies and, therefore, is in general compliance with the Vail Comprehensive Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Cornerstone development site is not located in any geologically sensitive areas or within the 100-year floodplain of Gore Creek or its tributaries. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Site Plan Staff believes the proposed site design will have positive overall impacts on the appearance and functionality of the area. The site is a steep hillside resulting from development of Westhaven Drive (fill) and is vegetated with native grasses (re-seeded after construction of Westhaven Drive). There are no trees or other significant vegetation on the site and the site has been used for snow storage and construction staging historically. Therefore, the development of the Cornerstone Building poses 18 no negative impact on "natural features". On the contrary, Staff believes that development of this site will complete the overall development plan for Cascade Village and will provide much needed enhancements to sidewalks, pedestrian plazas, landscaping and the overall aesthetic quality of the area as a portal to Vail Mountain. However, Staff believes that the applicant should be required to work with the Town of Vail Town Engineer to create design solutions, both on and off- site, to provide adequate snow storage within and around the Westhaven Drive right-of-way. Specifically, the development of this site and the associated improvements to the bus turn around and skier drop off areas, while not necessarily causing more snow storage need, will impact the Town's ability to store snow within the Westhaven Drive right-of-way and within the Cornerstone site itself - a historical use of the site. Therefore, Staff believes that the applicant should also be required to provide a "Snow Storage" easement on the northeast corner of subject property, as part of a snow storage mitigation plan. Building Design Staff believes that the proposed building is designed to increase or enhance functionality of the area while being responsive and sensitive to the aesthetic quality of the community. Therefore, Staff believes that the overall aesthetic quality of the community would be enhanced by the proposed exterior changes and physical improvements proposed by the applicant will increase the functionality of the site. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. The Applicant is proposing changes that will generally improve on-site parking and maneuverability and which will enhance pedestrian circulation around and through the site. Specifically, the applicant has agreed to install portions of sidewalk connections identified by the Town of Vail Public Works Department. In addition, the Applicant proposes to participate in improvements to Westhaven Drive, including the provision of a bus turn around, skier drop-off and a potential left turn lane, for exiting movements out of Cascade Village. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Staff believes that the landscape plan greatly enhances the aesthetic quality of the area by providing new pathways, plantings and ground covers where none exist today. By completing development in this area, the plaza connection, or pedestrian way from the hotel to the Cascade Village chairlift will now include new pathways and (heated) paver areas, a gas fire pit/gathering place and significant new plantings of native trees and shrubs. These plantings will form the first level of perception from the pedestrian 19 level between pathways and the Cornerstone Building. Plantings are also proposed on the plan in a manner and location to strategically "soften" or break-down building mass and height. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Staff is not aware of any intention project, however, should a phasing and will be met in full. on the applicant's behalf to phase this plan be proposed, this criterion must IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the proposed amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to the Vail Town Council. Staff's recommendation is based upon the review of the criteria found in Section VIII of this memorandum and the evidence and testimony presented, subject to the following conditions: Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council of this proposed amendment to a Special Development District, the Department of Community Development recommends the Commission pass the following motion: "The Planning and Environmental Commission approves, with conditions, the applicant's request for final review of a proposed major amendment to a Special Development District (SDD), pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for an amendment to Special Development District No. 4, Cascade Village, to allow for the development of a mixed use development, located at 1276 Westhaven Drive (Cornerstone site)/Unplatted, Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC070055). " Should the Planning and Environmental Commission choose to approve this amendment, the Community Development Department suggests the following conditions: That the Developer receives final review and approval of the proposed development plan by the Town of Vail Design Review Board, prior to making an application for the issuance of a building permit. 2. 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 20 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 Developer making application for the issuance of a building permit. 3. 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. 4. That the Developer pays in full, the employee housing mitigation fee of $2Q§,===739 prior to the issuance of a building permit. 5. 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. 6. 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 for a minimum of one (1) public art improvements to be developed in conjunction with the Cornerstone Building project. 7. That the Developer provides the legally executed and duly recorded Type 111 deed restriction with the Eagle County Clerk & Recorder's Office for the on-site employee housing unit, and that said unit shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. Should the Planning and Environmental Commission choose to approve this amendment, the Community Development recommends the Commission makes the following findings: "The Planning and Environmental Commission finds: 21 That the 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 Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission; and 2. That the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission; and 3. That the amendment does promote the health, safety, morals, and general welfare of the Town, and does 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, based upon the review outlined in Section Vlll of the Staffs January 28, 2008, memorandum to the Planning and Environmental Commission. X. ATTACHMENTS A. Vicinity Map B. Reduced Architectural and Engineering Plans C. Cornerstone report/analysis (by Rick Pylman, Pylman & Associates, Inc.) D. Ordinance No. 31, Series 2007, SDD No. 4 22 Attachment A -n) 23 Attachment B ORDINANCE NO. 5 SERIES OF 2008 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 1, SERIES OF 1993, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO 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. 1, Series of 1993, repealed and re-enacted Ordinance No. 41, Series of 1991, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for the construction of the "Waterford (Liftside) Site" and the "Cornerstone Site"; and; WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 1, Series of 1993, to amend and re-establish the site specific development plan for the "Cornerstone Site", within Development Area A, 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 Ordinance No. 5, Series of 2008 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, 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 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, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Qeveln.pment Area A. ew~zs,z NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 1, Series of 1993, is hereby repealed and re-enacted by Ordinance No. 5, Series of 2008. 2 Ordinance No. 5, 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, Gas-Residences. Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the -Residences. therefore, hereby remain approved for the Ga-so a,~`Z-I-Z--3~ development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the 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. 3 Ordinance No. 5, Series of 2008 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 a multi-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. 4 Ordinance No. 5, Series of 2008 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 five 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 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. 5 Ordinance No. 5, Series of 2008 Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-713- 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 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 MURiG+pal 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. 6 Ordinance No. 5, Series of 2008 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. 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; 7 Ordinance No. 5, Series of 2008 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. 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. 8 Ordinance No. 5, Series of 2008 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 9 Ordinance No. 5, Series of 2008 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. 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. 10 Ordinance No. 5, Series of 2008 Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) 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 (deletions are shown in strike threugWadditions are shown in bold italics) A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 ZC 5, zq9 295,611 uare feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. 11 Ordinance No. 5, Series of 2008 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 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. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site 12 Ordinance No. 5, Series of 2008 CHART 1: Area A Completed Projects Aus DUs GRFA Retail/ Commercial Square Foot On-Site Parking Cascade Structure Parking MILLRACE IIII 3 6,450 7 MILLRACE IV (COSGRIFF)"` 6 10,450 19 0.00 WESTIN 148 55,457 0 00 115 Alfredo=s 104 Seats Cafe 74 Seats Little Shop 1,250 Pepi Sports 2,491 W & H Smith. Vaurnot 900 CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy=s 1,600 0.00 13.3 Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 Theater/Meeting Room 2J 1,387 0.00 11.5 Ordinance No. 5, Series of 2008 13 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 Rooms 20 7,205 0.00 16 Retail 1,099 000 4 PLAZA II Conference 0.00 35 Retail 925 0.00 3 CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CIVIC 828 0.00 3 Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 Ordinance No. 5, Series of 2008 14 LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 Plaza Office" 925 70TALS 288 AU 76 DU (includes 2 EHUS) 239.680 Z/ 24.598 129 449 9 "Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. "'For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. 15 Ordinance No. 5, Series of 2008 CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed-Use Credit -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 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: 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, 16 Ordinance No. 5, Series of 2008 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, 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. 17 Ordinance No. 5, Series of 2008 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 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: 18 Ordinance No. 5, Series of 2008 wg. # Title Author Date -1.0 Title Sheet orter Architects 03-15-05 -1.1 Vicinity Map orter Architects 01-31-05 -1.2 RFA Summary Morter Architects 03-15-05 -1.3 Spring Equinox Sun Shading Morter Architects 01-31-05 -1.4 Summer Solstice Sun Shading Morter Architects 01-31-05 -1.5 Fall Equinox Sun Shading Morter Architects 01-31-05 -1.6 Winter Solstice Sun Shading orter Architects 01-31-05 -1.7 Site Plan Morter Architects 03-15-05 001 over Sheet Alpine Engineering 03-14-05 002 Grading Plan (West Half) Alpine Engineering 03-14-05 0003 Grading Plan (East Half) Alpine Engineering 03-14-05 0004 Storm Drainage Plan Alpine Engineering 03-14-05 005 Grading and Drainage Details Alpine Engineering 03-14-05 006 Utility Plan Alpine Engineering 03-14-05 007 Utility Details ]pine Engineering 03-14-05 008 Demolition Plan Alpine Engineering 03-14-05 -1 Landscape Plan Dennis Anderson Assoc. 03-15-05 L-2 Landscape Plan - Cascade Club Dennis Anderson Assoc. 03-15-05 2.0 Parking Level Plan Morter Architects 03-15-05 2.1 First Floor Plan Morter Architects 03-15-05 2.2 Second Level Plan Morter Architects 03-15-05 2.3 Third Level Plan Morter Architects 03-15-05 2.4 Fourth Level Plan Morter Architects 03-15-05 2.5 Roof Plan orter Architects 03-15-05 3.1 Building A Elevations Morter Architects 03-15-05 3.2 Building B Elevations Morter Architects 03-15-05 4.0 Building Sections Morter Architects 02-14-05 4.1 Building Sections Morter Architects 02-14-05 4.2 Building Sections Morter Architects 02-14-05 Ordinance No. 5, Series of 2008 19 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets-. Dwg. # Title Author ate -2.20 Second Floor Plan KD Architects 01-28-07 -2.30 Third Floor Plan RKD Architects 01-28-07 -2.40 Fourth Floor Plan RKD Architects 01-28-07 -2.50 Fifth Floor Plan RKD Architects 01-28-07 -3.10 East and North Building Elevations RKD Architects 01-28-07 -3.20 West and South Building Elevations RKD Architects 01-28-07 * 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. (deletions are shown in +r;ke thFo ugh/additions are shown in bold italics) 43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets: wg. # Title Author ate -2.00a Site Plan GPSL Architects, P.C. 01-23-08 -2.006 tie Plan GPSL Architects, P.C. 01-23-08 -2.01 Lower Level Parking GPSL Architects, P. C. 01-23-08 -2.02 Upper Level Parking - Plaza Level GPSL Architects, P. C. 01-23-08 -2.03 Westhaven Drive Ground Level GPSL Architects, P.C. 01-23-08 -2.04 Westhaven Drive Level One GPSL Architects, P.C. 01-23-08 20 Ordinance No. 5, Series of 2008 -205 Level Two GPSL Architects, P. C. 01-23-08 -2.06 Level Three GPSL Architects, P. C. 01-23-08 -2.07 Level Four GPSL Architects, P. C. 01-23-08 -2.08 Level Five GPSL Architects, P. C. 01-23-08 -2.09 Level Five Loft GPSL Architects, P. C. 01-23-08 -2.10 Roof Plan GPSL Architects, P. C. 01-23-08 -3.10 Elevation: West @ Loft Side GPSL Architects, P. C. 01-23-08 -3.20 Elevation: East @ Cascade GPSL Architects, P. C. 01-23-08 -3.30 Elevation: North and South GPSL Architects, P. C. 01-23-08 -3.40 levationlSection: East @ Liftside GPSL Architects, P. C. 01-23-08 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 the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum 21 Ordinance No. 5, Series of 2008 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 (deletions are shown in stroke through/additions are shown in bold italics) A. For the purposes of SDD No. 4 calculations of height, height shall mean the 22 Ordinance No. 5, 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 74 91feet. 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. 5, 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 (deletions are shown in stroke /additions are shown in bold italics) A. Area A, Cascade Village 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 24 Ordinance No. 5, Series of 2008 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 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 56 enclosed parking spaces located within the Cornerstone building with 37 of the requiFed spaGes available to the 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 25 Ordinance No. 5, Series of 2008 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 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. 26 Ordinance No. 5, Series of 2008 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 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. 1. 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. (deletions are shown in stroke through/additions are shown in bold italics) 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 27 Ordinance No. 5, Series of 2008 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 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. Gornemtene- 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 28 Ordinance No. 5, Series of 2008 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 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 Town 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 29 Ordinance No. 5, Series of 2008 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 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 19th day of February, and a public hearing for second reading of this Ordinance set for the 4th day of March, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 30 Ordinance No. 5, Series of 2008 Attachment C CORNERSTONE CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE Owner/Applicant L-O Westhaven, Inc. Architect Gwathmey Pratt Schultz Lindall Architects, P.C. Civil En ineer Alpine Engineering, Inc. Landscape Architect Dennis Anderson Associates, Inc. Land Planning Pylman & Associates, Inc. n CORNERSTONE CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE TABLE OF CONTENTS 1.0 Introduction 1 1.1 Purpose of Report 1 2.0 Cascade Village SDD #4 1 2.1 Cascade Village History 1 2.2 Cornerstone Site History 2 3.0 Proposed Plan 4 3.1 Project Description 4 3.2 Development Statistics 5 3.3 Utilities 7 3.4 Parking Needs Assessment 7 3.5 Housing g 3.6 Rental Opportunities g 3.7 Other Site Issues g 4.0 Special Development District Review Criteria 10 5.0 Key Features and Findings 15 5.1 Key Features 15 Appendix Vicinity Map Cornerstone Building Matrix 1.0 INTRODUCTION 1.1 Purpose of Report The purpose of this report is to provide information relative to an application for an amendment to Area A of Town of Vail Special Development District # 4, Cascade Village. The application requests development plan approval for development of the Cornerstone Condominiums site located within the Cascade Village Special Development District. Submittal requirements for a formal Amendment to an SDD are set forth in the Town of Vail development regulations. This application complies with all of the submittal requirements as outlined in the Town of Vail SDD Application Form packet. 2.0 CASCADE VILLAGE SDD #4 2.1 Cascade Village History Cascade Village was approved by the Town of Vail as Special Development District # 4 in 1976. The overall SDD consists of 97.955 acres and includes four different components identified by areas. Area A, known as Cascade Village, includes the Cascade Hotel and conference facility, the Colorado Mountain College building, the Aria Athletic Club and Spa and a parking garage to serve all the above listed uses. The Liftside and Millrace residential complexes, two single family/primary secondary homes and the Westhaven Condominiums site are also within Area A. The Cornerstone parcel is located within Area A, on the south side of Westhaven Drive immediately adjacent to the Cascade Hotel, the Cascade Village chairlift and the Liftside Condominiums. Area B consists of the 65 unit Coldstream Condominium complex Area C consists of the Glen Lyon neighborhood, which is approved for 104 units in a single family/primary secondary lot configuration. Area D is the Glen Lyon Office Building located along the South Frontage Road on the east edge of the Cascade Village SDD. Over the course of years following the 1976 approval of the Cascade Village SDD many of the areas and individual sites have been developed. The Coldstream Condominiums are completed, there is an office building located on Area D and single family and primary/secondary homes have been built in the Glen Lyon Subdivision. The Cascade Village area, Area A of the SDD, is almost completely built out, with the Cornerstone site representing the last remaining undeveloped parcel. 2.2 Cornerstone Site History The Cornerstone site is a tightly defined building envelope located south of Westhaven Drive in between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference facility. The total site area is 0.6977 acres in size. The site slopes down steeply from Westhaven Drive to the Cascade Hotel Terrace Wing and chairlift level. The grade at the high point of the Westhaven Drive cul- de-sac is 8074 feet and the lowest grade at the chairlift plaza is 8047 feet for an overall grade change of 27 feet across the site. The Cascade Village chairlift is immediately adjacent to the site. The current public access to the lift is via a narrow wooden stairway that traverses the Cornerstone site and negotiates the grade transition from street to chairlift. A public pedestrian easement allows for this access across the site. A small skier facility building provides ticket office and public restroom space. The chairlift plaza level of the Cascade Hotel Terrace Wing includes a ski rental shop and a small amount of retail space to serve chairlift patrons. In 1992 the Vail Planning and Environmental Commission (PEC) recommended development plan approval for the Waterford (Liftside) and Cornerstone buildings. The PEC approval was forwarded to Town Council and the Town Council approved the development plan in early 1993. Construction commenced on the Waterford (Liftside) building in the spring of 1993 while the Cornerstone parcel has remained undeveloped. At some point in the construction and marketing phase the Waterford building was re-named as the Liftside Condominiums. The Liftside Condominiums building consists of twenty-seven (27) wholly owned condominium units with approximately 47,000 square feet of GRFA and two (2) EHU's totaling 1100 square feet. The development plan approval for the Cornerstone site included 64 Transient Residential Units of 28,110 square feet of GRFA, three employee units totaling 1800 square feet of GRFA and 11,100 square feet of retail/commercial space for a total building size of 41,010 square feet. The building also was to include 56 on site parking spaces for the residential component and 37 public spaces for the retail component. A Transient Residential Unit (TR) was a crossover condominium/hotel product specifically created for Cascade Village. The intention was to allow a hotel room type of product that could be condominiumized. A TR unit was essentially a slightly enlarged hotel room that included a small kitchen facility. The definition 2 of a Transient Residential Unit limits the room size to a maximum of 645 square feet and allows a kitchen area not to exceed 35 square feet. The kitchen area was required to be designed in such a manner that the kitchen could be locked off in a closet. The kitchen area was apparently only to be used by the unit owner. The 1992 plans for the approved Cornerstone building indicate a six-story building with an additional below grade parking level. While the plans indicated six stories of building from the plaza side (south elevation) the Westhaven Street side (north elevation) appears as a four-story structure due to the grade change of the site. The lowest level of the building was designed below the existing plaza level and contained parking. The plaza level consisted of retail space and the next level up included parking and three 600 square foot employee housing units. The Westhaven street level consisted of additional parking and retail space with three floors of units above. The Cornerstone building ridge in front of the Liftside building was designed to an elevation of 71 feet above the plaza level. In order to allow the different parking levels appropriate access and to provide a physical separation of the public/retail parking from the residential parking there were two points of vehicular access into the building. A skier passage and staircase allowed pedestrian access from the street to the chairlift. The real estate market never embraced the Transient Residential Unit concept or the retail space and the Cornerstone site did not move into the construction phase in conjunction with the Liftside Building. 3 3.0 PROPOSED PLAN 3.1 Project description The current Cornerstone proposal reflects the evolution of Cascade Village as a hotel and short-term/second home residential neighborhood with a limited amount of support commercial uses. The demand for additional commercial space and hotel style accommodations as anticipated by the original Cornerstone approval has failed to gain market support. The current condition of the Cornerstone site, particularly the skier access staircase and the skier services facilities, is not in keeping with the level of quality that the Cascade community and guests have come to expect. This proposal will fill in sidewalk links that are currently incomplete, will provide for an improved skier courtyard, create an improved lift ticket sales plaza, public bathroom areas and public spaces and significantly improve skier access to the Cascade Village chairlift. The skier portal will include a covered, heated staircase and a dedicated elevator to provide access from the street level to the chairlift level. The building proposal includes twenty-three (23) free market condominium units and four (4) deed restricted Employee Housing Units. Other than the lift ticket sales windows at the chairlift level plaza there is no commercial or retail component to the building. All parking will be located in a two level enclosed parking garage beneath the building. The residential portion of the building is designed as two distinct building elements separated by the open skier access corridor. Vehicular access to the garage will enter the building at the western edge of the property. Entering the building at this lower elevation along Westhaven Drive allows access to two full levels of parking beneath the residential portion of the building. An internal ramp at the west end of the garage circulates vehicles down one level below the existing plaza/chairlift level. This lowest level of the building will include parking and mechanical equipment. The next level up, the plaza level of the building includes parking, owner ski locker areas, and the skier services facilities dedicated to the chairlift operations. The skier services facility includes a three-window ticket sales area, administrative office space for lift ticket operations and public restrooms. A snowmelt equipped exterior staircase and a dedicated elevator will provide skier access to this level from Westhaven Drive. The east wing of the building consists of eight residences on four levels above the parking garage. Each of the first three levels includes two 1995 square foot units. The fourth floor of residences includes two 3384 square foot units that include loft space within the roof area. The roof ridge of this section of the building, which lies in front of a portion of the Liftside building, has been designed to an elevation of just under 8119 feet, which is slightly below 71 feet above the plaza 4 level grade. This proposed building height is slightly lower than the Cornerstone design that was initially approved in 1993, at the same time the Liftside building was approved for development. The west wing of the building steps between four and five stories above the parking garage. The ground level includes the parking ramp, trash facilities , four Employee Housing Units (EHU's) and one free market unit. The next three floors each consist of four units of approximately 1995 square feet per unit. The fifth floor includes 3,112 square feet of loft area for two of the fourth floor units. The western portion of the building remains at four levels above the garage. The maximum height of the west wing of the building is 82 feet at the highest point. This high point is measured from the plaza level to the ridge of the required fire stair tower. The steep slope of the site and the south side location of the stair tower combine to create this height situation. Approximately half of the roof ridge of this portion of the building falls below 71 feet. Vertical circulation from the parking levels to the residences above is provided by three elevator/stair tower systems. Building materials consist of stone and stucco with a metal roof system. The design provides an upgraded yet complementary material palette to the existing architecture of Cascade Village. 3.2 Development Statistics The following information outlines the development statistics specific to the Cornerstone Condominiums site as proposed and, as appropriate, compares those to the development statistics for Area A of the Cascade Village SDD as outlined in Town of Vail Ordinance #11 of 1999. This ordinance has expired and the development standards outlined in that ordinance do not specifically regulate the Cornerstone Condominiums site. Permitted Uses: Multi-Family dwellings Area A of the Cascade Village SDD, as a mixed use commercial, lodging, recreation and residential area includes a lengthy list of permitted uses. Multi- Family dwellings are included within this list. Conditional Uses: None Other than Fractional Fee ownership, none of the uses listed as Conditional Uses in Area A are applicable to the Cornerstone Condominiums site. Fractional Fee ownership is not contemplated for the site. Accessory Uses: 1. Home occupations, subject to issuance of a home occupation permit in Accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. The above listed accessory uses are common to many of the SDD's and standard Town of Vail residential zone districts. Density: Units Twenty-three dwelling units and four Employee Housing Units (EHU's) The original approval of the Cornerstone site included 64 Transient Residential units. The SDD language includes a 2:1 conversion factor from TR's to dwelling units. This would translate to 32 dwelling units previously approved for the Cornerstone site. Density - GRFA The Gross Residential Floor Area shall not exceed 52,500, square feet. The GRFA for the buildings has been calculated in accordance with Section 13B of Ordinance 14, Series of 2004. The original GRFA approved for Area A of the Cascade Village SDD appears to be 289,145 square feet and the existing build out information states that the existing GRFA in Area A is currently 272,680 square feet. This results in less GRFA available than the 1993 approval contemplated. Cascade Village was originally approved for 35,698 square feet of commercial space, including 11,100 square feet in the Cornerstone building. As Cascade Village has developed and matured it has become apparent that this vision of Cascade Village as a commercial hub will not be viable. Businesses within Cascade Village have struggled to remain successful and some commercial spaces have been converted into residential uses. There are currently plans to convert additional portions of the CMC space and the theatre area to residential use. GRFA and commercial square footage area issues within Cascade Village will require some discussion with the Town of Vail. Setbacks The building setbacks shall be as proposed on the development plan. The Cornerstone property lines appear to be designed as a development footprint area. 6 The proposed building lies completely within this envelope. In general, the setbacks are designed to meet building code clearance requirements. Hecht: Maximum height of the building will be in accordance with the final architectural plans. Previous development statistics for Area A of the Cascade Village SDD specified a 71-foot maximum height limit for the Cornerstone site. The east section of the building maintains this same height design as the original approval. The west portion of the building has been designed with a variable ridgeline that generally falls below 71 feet in height. A portion of this section of the building measures up to 82 feet in height. Site Coverage: The site coverage of the building footprint equals 66% of the site. Landscaping The proposed plan currently proposes 34% percent of the site in landscaping and paved pedestrian walkways. Parking and Loading: 56 fully enclosed parking spaces One hundred percent of the required parking for the proposed development plan is located within an enclosed parking garage. 3.3 Utilities Water and sanitary sewer mains are located within Westhaven Drive. A sewer line also runs along the lower level of the Terrace wing of the Cascade Hotel. Gas, electric, cable television and telephone services are all available at the site. 3.4 Parking Needs Assessment Parking demand for this project has been calculated in accordance with Parking Schedule B of Chapter 10, Off Street Parking and Loading, of the Town of Vail Zoning Code: 7 Residential units between 500-2,000 sq spaces per unit Residential units greater than 2,000 sq. spaces per unit ft. of GRFA require 2 parking ft. of GRFA require 2.5 parking 19 units at 500-2,000 sq. ft. GRFA = 38 required parking spaces 4 units greater that 2,000 sq. ft. GRFA = 10 required parking spaces 4 2br. EHU's (less than 2000 sq.. ft) = 8 required parking spaces Total 56 required parking spaces Parking Summary 56 spaces provided on site 56 spaces required per Town of Vail Zoning Code Loading Summary 1 loading berth shared with Cascade Conference Center I loading berth required per Town of Vail Zoning Code 3.5 Housing The 1995 ordinance detailing the approved Cornerstone plans required three Employee Housing Units to total 1800 square feet in area in the approved design plans. In this proposed plan the design includes 4 two-bedroom units of approximately 1000 square feet each. The applicant believes that this proposed unit design is more in keeping with current Town of Vail housing goals than the smaller dormitory style units that have been discussed in the past. The two bedroom unit designs should be very attractive to long-term local residents and the location provides an extremely rare opportunity to provide ski-in ski-out employee housing. The current Town of Vail housing code requires a 10% inclusionary requirement based on the proposed GRFA. The proposed GRFA totals 52,021 square feet. Ten percent of 52,021 equates to an EHU requirement of 5,202 square feet. The proposed on-site housing measures to 3,972 square feet. The remaining 1,230 square feet is proposed as a pay-in-lieu amount. At the 2007 Town of Vail pay- in-lieu rate this will result in a payment of $291,079. 3.6 Rental Opportunities The Vail Cascade Resort & Spa has a total of 292 rooms. In 2006 the Vail Cascade Resort & Spa averaged an annual occupancy rate of 61.9%. The hotel 8 only sold out (defined as 98% occupancy) 29 out of 365 nights in 2006. There is no economically justifiable demand to build additional hotel rooms in Cascade Village at this time. Vail Cascade Condominiums, an operating division of Vail Cascade Resort & Spa, provides property management services to all of the condominium associations in the immediate neighborhood. Of the 160 condominium units under management in the Cascade Village neighborhood there are 85 units actively engaged in the short-term rental program. This equates to just over 50% of the units in these managed properties. The short-term rental occupancy of these units, exclusive of owner use, averaged 28% and provided 6,723 room nights in 2006. The premium rental rate of these units combined with the 29% occupancy rate provides a significant economic benefit to the community. The condominium guest amenity package is equal to the hotel guest package. The amenity package includes access to the Aria Spa and Athletic Club, use of the resort shuttle to Lionshead, Vail Village and the grocery stores, an on-call shuttle service that connects the condominiums with the hotel, ski and boot storage at the lift, daily housekeeping, room service and use of the hotel pool, hot tubs and library. The amenities and economic return make the short-term rental pool an attractive option for condominium owners. In the Liftside building immediately adjacent to the Cornerstone site 10 of the 27 units are enrolled in the short-term rental pool. The Cornerstone building will also be managed by the Vail Cascade Condominiums and Cornerstone owners will be encouraged to participate in the short-term rental program. With the prime lift side location and immediate proximity to the hotel these residences will be very attractive for short-term rental. 3.7 Other site issues The development of the Cornerstone site presents an opportunity to redesign and remodel the current Westhaven Drive entry and skier drop off area. This area is currently laid out in a confusing split lane boulevard design with very little formal landscaping. 't'here is poor organization to the bus stop and skier drop off area. The applicant is interested in working with the town to create a new entry design for this area. 9 4.0 SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA Title 12, Chapter 9 of the Town of Vail Municipal Code provides for the establishment of Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The Municipal Code provides nine design criteria, which shall be used as the principal Criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The applicant has addressed each of the nine SDD review criteria below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant response: The proposed building architecture respects the previous height design for the portion of the building that falls within the view plane of the Liftside building. This will ensure that the view impacts to Liftside are consistent with the expectations created by the initial simultaneous approval of the Cornerstone and Liftside buildings. The open air skier passage to the elevator/staircase allows for an open view to the mountain from the Westhaven Drive entry into Cascade Village and provides a dramatic and functional skier access to the chairlift. The three and four story building elements, as viewed from Westhaven Drive, are consistent with the urban village design of Cascade Village. The lower level skier plaza will be 10 finished in a high quality manner with a heated snowmelt system and a formal landscape planting and paver design. The architectural design utilizes similar exterior materials and expresses a scale that is compatible with the adjacent buildings. All required parking is located within an enclosed heated garage. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant response: The proposed use of twenty-three residential dwelling units is compatible with the surrounding uses. Area A of Cascade Village contains residential, lodging, athletic club and spa, and restaurant uses. The adjacent Liftside building includes twenty-seven wholly owned units. The residential and hotel uses are compatible and the building design and density fits well with the compact village concept of the area. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town of Vail Municipal Code. Applicant response: The parking requirement for the project is 56 parking spaces. The proposed development plan incorporates all 56 spaces within an enclosed heated garage. As a strictly residential building the need for loading facilities is only on an occasional basis. The adjacent Cascade Hotel conference center has a streetside loading dock immediately adjacent to the building that will be shared by the Cornerstone building as necessary. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Applicant response: The goals contained in the Vail Land Use Plan are to be used as the town policy guidelines during the review process of establishing or amending Special Development Districts. The following policies are relevant to the review of this proposal: 1. General Growth/Development 11 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. The proposed development plan is in compliance with these applicable elements of The Vail Land Use Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Applicant response: There are no natural and/or geologic hazards, including the Gore Creek floodplain, that affect the property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant response: The building design provides a fully functional residential site plan with good street access, parking that is visually screened from view and a much improved 12 public chairlift access experience. The design complements the urban nature of the site. There is very little open space associated with this site and there are no sensitive natural features or vegetation issues. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Applicant response: The proposed plan addresses vehicular and pedestrian circulation, parking and loading in a positive manner. Vehicles will enter the parking garage at the lowest point of the road frontage along Westhaven Drive. Two levels of parking with 56 spaces are available to the building. All parking is covered and visually screened from public view. Loading will be accommodated at the existing streetside loading zone used by the adjacent conference facility. A sidewalk running the length of the property along Westhaven Drive will connect the parking garage, and other residential properties from the west directly to the heated skier access to the chairlift. This access will accommodate stair and elevator circulation from street level to the chairlift plaza. This sidewalk will also extend to the east and connect Liftside and the public bus stop to the skier access. The entire south side of the building, at the chairlift level, is designed as a landscaped and snowmelt system equipped pedestrian plaza that links the hotel and conference center to the chairlift and skier services facilities H. Functional and esthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Applicant response: This site has been heavily disturbed by previous construction of the roadway, the surrounding buildings and the chairlift. There are no natural features of this site that are important to preserve. There are however important recreation and pedestrian functions of this site that are improved and enhanced by this proposed building and the associated landscape and site improvement plan. The proposed landscape plan is in full compliance with the intent of this specific review standard. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant response: 13 The project will be constructed in a single phase. A construction management and staging plan will be submitted for review prior to any request for a building permit. 14 5.0 KEY FEATURES 5.1 Key Features This proposed amendment to the Cascade Village Special Development District features: The proposed Cornerstone building will eliminate the existing wooden skier access staircase and replace this staircase with a heated skier plaza at the street level that leads to a heated covered staircase and a dedicated skier elevator. The skier plaza at the chairlift level is also paved and heated. • A much improved skier services facility including lift ticket sales windows, administration space and public bathrooms. • A development plan that consists of uses and densities that fit well within the confines of a small and constrained development site. • An architectural design and scale that fits well within the context of the existing neighborhood. • A redesign and expansion of the previous employee-housing requirement in a manner that allows for the creation of larger housing units that are in line with current Town of Vail housing goals. These two bedroom units are suitable for long-term ownership and occupancy and are a significant upgrade from the previously contemplated dormitory style unit. 15 (02/18/2008) Scot Hunn - Re: Cornerstone Loading Page 1 From: Tom Kassmel To: Scot Hunn; sid@gpsiarchitects.com Date: 02/18/2008 4:57 PM Subject: Re: Cornerstone Loading CC: 'Rick Pylman' Looks like a good solution to me. The additional loading bay would certainly help any conferences. I would suggest this loading bay would need to be required to be allowed to be used by Cascade Hotel, the Conference Center and the Cornerstone. An easement should be granted to allow this type of use into the future if for some reason one or more of the properties were sold. Thanks for finding a solution! Thomas Kassmel, P.E. Town Engineer Town of Vail Public Works Department 1309 Elkhorn Dr. Vail, CO 81657 (970) 479-2235 "Sidney Schultz" <sid@gpslarchitects.com> 02/18/2008 3:31 PM Scot and Tom, Attached is the loading zone proposal that we have come up with. We would like to show this to Council tomorrow. How does this look to you? Sid H rn ~ n C C Z m m °D (s ?J 00 TH D o r TH N O s O 2 z -n m ® TI [tom 00 0 y ~ ° co r ~ ~N N o~ ~ i 1 - CORNERSTONE STUDY MODIFICATIONS TO SLDD #4 g~ ee.s CASCADE VILLAGE, /AIL, COLORADO TOWN O WAIL JAN 2 2005 Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 www. vailgov. com MEMO To: Scot Hunn From: Tom Kassmel, Town Engineer Re: Cornerstone Development PEC Review Date: 1/25/08 I- The Town of Vail Public Works Department has reviewed the PEC plan set for the Cornerstone Development. Based on our review the following comments will be required to be resolved prior to approval. Additional comments will be provided when more detailed plans are provided. Comments 1. The convention center across the street, controlled by the Cascade Hotel, currently has two shortfalls; loading/delivery and parking, specifically during large convention center events. Since this is the last undeveloped lot in the area controlled by the Cascade Hotel these shortfalls should be considered when approving this new development. Currently the parking shortfall is mitigated by a yearly conditional use permit, allowing parking to occur on the Frontage Rd., and the additional needed loading and delivery occurs along Westhaven drive in the Town ROW when needed. 2. Please provide clarification on how loading and delivery will occur for this site. 3. The Developer shall comply with Public Works General Conditions of Approval. 1 Town of Vail Public Works General Conditions of Approval 1. Please add the Town of Vail General Notes to construction plans. (Notes can be e-mailed upon request) 2. Please add Utility Signature block and have all utilities sign acknowledging acceptance of utility design. 3. All construction staging issues shall be resolved prior to construction including staging, phasing, access, schedules, traffic control, emergency access, etc... 4. A ROW/Utility permit shall be obtained and approved by the Town of Vail prior to commencing any construction within public Right of Way. 5. A Town of Vail Revocable ROW permit shall be recorded for all private property improvements located within public ways. 6. Prior to approval of a Building permit all necessary permanent and temporary easements are recorded with Eagle County. 7. Prior to approval of a Building permit a shoring and excavation plan shall be submitted including; excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections and plans shall include all existing conflicts (i.e. utilities). 8. Any excavation shoring methods used that encroach upon adjacent public or private property shall have approval by the appropriate owner and have a recorded easement prior to construction. This includes CDOT and the Town of Vail Right of Ways. 9. A CDPHE Permit and all applicable ACOE permits (i.e. Dewatering) shall be submitted prior to construction. 10. If temporary and/or permanent dewatering is anticipated during construction, a dewatering soils analysis will be required by a qualified licensed engineer analyzing the impact to adjacent properties(i.e. settlement) 11. Provide full civil construction drawings meeting Town of Vail standards prior to building permit submittal. ~;~~1~11 ~~1 ~~~i'.111'17 ~~1 llt • ~,11~ • (t,I(,1:1t Is I f, T • 71) 6 11i Ilulrl (:;,gf~'lrq,r l.ui i ;i 1/'" 1 L/~rl, (b,I (.;III January 8, 2008 Mr. George Ruther Town of Vail 75 South Frontage Road Vail, Colorado 81657 Re: Cornerstone Dear Mr. Ruther: D n (Ci LF- UV/IF, JAN 1 2008 TOWN OF VAIL L-O Vail Holding, Inc., owns property to the west of the Cornerstone project, which is being proposed for Town of Vail approval. We are aware that construction of the Cornerstone project will result in the encroachment of certain improvements, namely a portion of the parking access ramp, upon our adjacent property. This letter will advise the Town of Vail that L-O Vail consents to the construction of the Cornerstone project as currently proposed for Town approvals, including the referenced encroachment. At the appropriate time, L-O Vail will grant a perpetual, exclusive easement for the existence, use, maintenance, repair and replacement of the encroaching improvements, to be constructed, used, maintained, repaired and replaced all at the sole cost and liability of the owner of the Cornerstone project (and without any cost or liability to L-O Vail or its successors and assigns). Thank you. L-O VAIL HOLDING, INC By: Gregg E. P Managing Director, Vail Cascade Resort & Spa A distinctive experience provided by Destination Hotels & Resorts. l.• i..l I ~ 1wi ~ r. .'11 \I ~ ~ .I \I ~i .i FI Irlht~i~ ~ I1._ irtru~.de>tiantionll~~ti•l;.renl 10/19/2005 11:03 9704764946 VAIL U,4M&.++m- " ,a, ass T ► I. 7yy.JJJ ~ * _..~4~1b' tj.~~S~ ~LA~-7r A.~ ~ 1~1 ~ ''r-7L~ w~[`g: i;64 . f t' r; 4t; I ~s s3! ~ #I (01/212008) Scot Hunn -Cascade Ticket Office Page 1 From: "Sidney Schultz" <sid@gpslarchitects.com> To: <shunn@vailgov.com> Date: 01/24/2008 3:29 PM Subject: Cascade Ticket Office Attachments: TicketSales.PDF CC: "'Rick Pylman<rick@pylman.com> Scot, Attached is a plan of the existing ticket office at the Cascade lift. calculate the area I have outlined in red is approximately 350 square feet. Call if you have any other questions. Sid JAN 1 2000 Memorandum Al~iw . Ibc. To: Tom Kassmel, TOV CC: Rick Pylman, Sidney Schultz From: Glenn Palmer AEI, 970-926-3373ph. 970-926-3390(fax) Date: January 10, 2008 Re: Cornerstone Traffic Study Tom: Please find attached, a Trip Generation Study and Preliminary Application for CDOT Access Permit, for the proposed Cornerstone Project (intersection of Westhaven Drive and the Vail South Frontage Road). Per Memo dated 9/7/07 (from you to Scot Hunn), the following items are noted: Item #3 says we need to enhance the Westhaven entrance for better traffic flow, transit stop, aesthetics, and snow storage. Item #4 says an updated traffic study is needed, "taking into account the TOV transportation study update", and future traffic numbers on the frontage road. Based on previous traffic studies, a left turn lane will be required with a substantial queuing area." Without seeing the previous traffic study (which mentions the need for a "substantial left turn queing area", I would assume there is (now) a lot less traffic as a result of deleting the Cinema and Colorado Mountain College, which are very high trip generators . The attached report estimates trips generated on Westhaven Drive, and indicates that the addition of the Cornerstone Project will increase Westhaven Traffic by around 5% (insignificant). I would assume that the intersection would behave similarly as it currently does. If you would like a LOS study of the intersection and a recommendation for the NB Westhaven left turn lane, we can have a traffic consultant (such as Kimley Horn) do an updated traffic study. (I believe that K-H is familiar with the TOV transportation study update and future traffic numbers on the frontage road). It is my understanding that the owner also desires to make improvements (including the deletion of one or both islands) to the Westhaven entrance, so the addition of a left turn lane could easily be accomplished. If you would like a traffic study, could you please review the trip generation numbers per Table 3, attached, PRIOR to completion of the study- 1. Based upon previous TOV traffic submittals, I have used all "Peak Hour of generator" (NOT 7-9:00am or 4-6:00 pm peak hour of adjacent street) rates for ALL uses. (Please verify). 2. "Resort Hotel" was used for the Vail Cascade Resort. 3. I have NOT included additional traffic for the Cascade Spa: should I include a generator for HALF of the area of the spa? 4. "Luxury Condo/Townhouse" (ITE # 233) was used for all condo projects. 5. "Single Family Detached Housing" (ITE#210) was used for all of the Glen Lyon lots (duplex and single +family). 6. "Rental Townhouse" (ITE #224) was used for Employee Housing. If you have any questions, or need additional information, please let me know. Glenn Palmer ComerstoneTripRateWa.doc CC~C~M D1 '~h JAN 1 _ 2008 ~L Memumdum 1 OVY A , .I To: Rick Pylman, Sidney Schultz CC: Tom Kassmel, TOV Engineer From: Glenn Palmer AEI, 970-926-3373ph. 970-926-3390(fax) Date: January 8, 2008, 2008 Re: Cornerstone Trip Generation Dear Sirs: The purpose of this memo is to study the trips generated from the proposed Cornerstone Project, to compare to the previously approved project (in 1992) for the same site (but never constructed). On January 8t', 2008, I contacted Daniel Roussin of CDOT to request a copy of the Access Permit for Westhaven Drive (which is the road which The Cornerstone Project accesses, and intersects the South Frontage Road). Daniel said that the access was permitted in 1996, for the Cascade Village Project (#396039), however, the permit does not provide any trip generation information or project data (proposed development units, commercial area or description of uses). The TOV was the applicant for the permit because the owner of the land (TOV ROW) is required to sign as the permittee. It appears that Westhaven Drive, and 1-70/US6 Frontage road improvements (Full right and left- in and out Accel & Decel lanes) were constructed as part of the overall Cascade Village Project construction, which included plans for the Cornerstone site. Since the access permit does not include trip generation data, Daniel suggested that traffic counts for Westhaven could be taken, and then checked to see if the Proposed Cornerstone Project was less than 20%v (of any peak hour) of the existing traffic. He recommended that an Access Permit be applied for the project, but did not expect any required Frontage Road improvements (since A/D lanes already exist). Table #1 (attached), provides the proposed Cornerstone project a.m./p.m. peak hour of generator trip rates, as well as the approved 1992 trip rates for the same site. (The current project generates 11% to 25% of the previously approved project). Table #2 compares the trip rates for a cinema and community college, as compared to condominiums: The previously existing and approved Cinema and Colorado Mtn College were changed to condominiums. A 1500sf condo generates 2.5% to 21% of a cinema or community college (much less). A larger condo would represent an even greater decrease in traffic. Table #3 estimates the Total Westhaven Drive Traffic, based upon an accounting of existing and zoned development (except Cornerstone) using Westhaven Drive: Included in the trip generation rate are: 1. Vail Cascade Resort and Spa.292 hotel units, 100 whole ownership condos. 2. Liftside Condos, 27 units and 2 employee housing units 3. Westhaven Condos , 13 units 4. Coldstream Condos, 65 units 5. Millrace Condos, 39 units 6. Cascade Residences, 14 condos, (replaced the cinema and CMC) 7. Glen Lyon Single and/or Duplexes, 104 units January 10, 2008 8. No additional traffic was added for the Cascade Spa (assume included in Hotel use) Based upon an accounting of the existing developments using Westhaven Drive, The Proposed Cornerstone development represents an increase of approx 4.4% to the PM Peak Hour enter, and 5.5% AM Peak Hour Exit, which is about a fifth (115) of the "grandfathered/allowed" 20% increase. Therefore, a traffic count does not appear to be necessary for verification. The TOV apparently was curious whether the additional traffic generated by the proposed Cornerstone Project would require a NB Westhaven Drive, left turn lane (to WB Frontage Road). It is my opinion that since the Cornerstone Project represents such a small increase in traffic to the existing Westhaven Traffic, that if the intersection currently appears to function adequately, it likely will not be significantly affected. Otherwise, the clearance between the islands appears to be approx 25 feet, so that one or the other islands would need to be removed to provide a left turn lane: I'm not sure what the purpose of the islands is. If you have any questions, or need additional information, please let me know. Glenn Palmer ComerstoneTripRateWdoc 2 r&LE l2 APPRvi/E~P DOVE Ln~PMGnjT 1f1At j Approved 1992 Cornerstone Project:64 Hotel + 11,100sf Retail Weekday AM/PM Peak Hour of Generator AM Peak PM Peak Description Quantity Unit Rate %enter %exit enter exit enter exit Resort Hotel ITE330 64 units AM Peak 64 units 0.41 0.63 0.37 16.5312 9.7088 PM Peak 64 units 0.51 0.5 0.5 16.32 16.32 Specialty Retail ITE#814 11.1 1000sf AM Peak 11.1 1000sf 6.84 0.48 0.52 36.44352 39.48048 PM Peak 11.1 1000sf 5.02 0.56 0.44 31.20432 24.51768 Total 52.97 491 47.52 40.84 z008 PfzoPoSt-C) PLAKI, t T I or T Current) Proposed Project: 23 Condo Units, 4 Employee Housing Units AM Peak PM Peak Description Quantity Unit Rate %enter %exit enter exit enter exit Luxury Condo/Tnhouse ITE233 23 Occupied AM Peak 23 Dwellings 0.65 0.32 0.68 4.784 10.166 PM Peak 23 0.65 0.6 0.4 8.97 5.98 Employee Housing Em to ee Unit: Rental Tnhse ITE #224 4 Units AM Peak 4 Units 0.73 0.35 0.65 1.022 1.898 PM Peak 4 Units 0.73 0.55 0.45 1.606 1.314 Total 5.81 1206 . 10.58 7.29 A #4 IFCAM G?IS{er) of /9f2 ~~0,-vvs c1 Plate Tr9 FFf c (rtNp s fI9-I1 C0 PYT& Ar-cess Per, AM PE-Aje x,~) c 25% vf_t {QZ _Nam Em Pe&Y- (ev4w~ : 27°/a a4 1492 in, F" P~<kiL (ex1 f) = % c f 1112 Pf,ti r- T -aLE Z Chan eout of Cinema and CMC to Condo Units (assume 1500 sVunit) 7-9am 4-6pm Description Luxury Condo Setion 233 ITE Quantit Unit Rate %enter %exit enter exit enter exit 1 Dwelling 7-9 am 1 Units 0.65 0.32 0.68 0.208 0.442 4-6 pm 1 0.65 0.6 0.4 0.39 0.26 MvieTheatrW/out Matinee (ITE 43 1.5 110q0 sf 7-9 am 1.5 1000 sf 2.87 0.5 0.5 2.1525 2.1525 4-6 pm 1.5 1000 sf 14.05 0.5 0.5 10.5375 10.5375 (Directional Distrib ution of Movie theater not avalilable, assumed 50/50%) Junior/Community College (#540 1.5 1000 sf 7-9 am 1.5 1000 sf 3.09 0.5 0.5 2.3175 2.3175 4-6 pm 1.5 1000 sf 2.64 0.44 361 1 1.7424 2.2176 ,44 PE:~ v'r'e2 A co e,-~ fps a f fhecr fe r 9% a a nolle fe, LEX: t) : 44 COp, 0 Refit ~~►f~o Zi'/o flf li 1eo,fcr, - 1 i I0 of a c,& t le jre, ~M >°~f1K ~Eh fc A w4 d 0 22''/0 u~ a C,O ej, e, FtA K. CtX(i-) i A ~o,,,, l2'/0 of a c.otl~fe, C~MQAc1'1~vCN Of QNEa< A it GDl✓liV)t~,(s17 CvCL 6c- r17 Sz~.t;4nHVTThL `elf Cti l~l. of a +heafer TALE 3 WEST I +AtVEYN PiUE Tg-1 P GENE ~4~1or~1 Existing Uses[Trip Rate of Westhaven Drive (All Values are AM/PM Peak Hour of Generator) AM Peak PM Peak Description Quantit Unit Rate %enter %exit enter exit enter exit Vail Cascade Resort and Spa &a not addecOncluded Resort Hotel ITE #330) 1 292 Rooms AM Peak 292 1 1 0.41 0.63 0.37 75.4236 44.2964 PM Peak 292 1 1 0.51 0.5 0.5 74.46 74.46 Lux Condos (ITE #233) 1 100 Units AM Peak 100 1 1 0.65 0.32 0.68 20.8 44.2 PM Peak 100 1 1 0.65 0.55 0.45 35.75 29.25 Lifthouse Condominiums Lux Condos (ITE #233 27 Rooms AM Peak 27 0.65 0.32 0.68 5.616 11.934 PM Peak 27 1 - 1 0.65 0.6 0.41 1 10.53 7.02 Employee Housing Rental Townhouse (ITE#224 2 Units AM Peak 2 Units 0.73 0.35 0.65 0.511 0.949 PM Peak 2 Units 0.73 0.55 0.45 0.803 0.657 Westhaven (13), Coldstream (65), Millrace (39), Cascade Residences 14 = 131 Total Condominiums Lux Condos ITE #233) 1 131 Units AM Peak 1311 1 0.65 0.32 0.68 27.248 57.902 PM Peak 1311 1 0.65 0.6 0.4 51.09 34.06 Glen Lyon Sin leFamil /Du lex Units Sin le Family ITE #231) 1 104 Units AM Peak 104 0.77 0.26 0.74 20.8208 59.2592 PM Peak 104 1.02 0.64 0.36 67.8912 38.1888 i oiai 150.4194 218.5406 240.5242 183.6358 enter Exit 7272 COLORADO DEPARTMENT OF TRANSPORTATION Issuing authority application STATE HIGHWAY ACCESS PERMIT APPLICATION acceptance date: Instructions: contact the Department of Transportation or your local government to determine your issuing authority. contact the issuing authority to determine what plans and other documents are required to be submitted with your application. complete this form (some questions may not apply to you) and attach all necessary documents and submit it to the issuing authority. Submit an application for each access requested. if you have any questions contact the issuing authority. Please print or type 1) Property owner (Permittee) 2) Applicant ro w W DFF VAS L street address, city 5 ~jGVTFS FZorlfiPrC~t IZ> street address, city VAI l state & zip (.O 81(157 phone # 97v-411 -Z113 9 state & zip phone # 3) Address of propety to be served by permit (if known) Zoo' yovrM pr= TvIf S~D~Tt~ FetavrA6( A0 ow wESTHAVEN PRIVE 4) Legal description of property: ,$LDG 'r C' 51TE '?An Cf' SW 4 OF 4 SECT 12, T, S (Z 81 W county subchvision bl k ( oc lot section township range 5X&LEE7 TokW oP VA1t_ 5) What state highway are you requesting access from? 1-70 5PL)W F2DNTaG.t jZ-pAD 6) What side of the highway O N X S ❑ E ❑ W 7) How many feet is the proposed access from the nearest mile post? How many feet is the proposed access from the nearest cross street? feet (circle: N S E W ) from: feet (circle: N S E W ) from: WEST 1 i/4V ElJ D1zl VE 8) Check here if you are requesting a ❑ new access ❑ temporary access ❑ improvement to existing access change in access use ❑ removal of access 9) What is the approximate date you intend to begin construction? FAt_L, 2006 10) Do you have knowledge of any State Highway access permits serving this property, or adjacent properties in which you have a property interest. ❑ no X yes if yes - what are the it b ? , perm num er(s) : 396039 and/or, permit date: o'rl (o 1 11) Does the property owner own or have any interests in any adjacent property? ❑ n 1 ( if t o yes, yes - please describe: The farcal t f: Pqr of t%7& pirevl ovl:l I a PPh° red CA5c,4DE VtLtA&IE, 12) Are there other existing or dedicated public streets, roads, highways or access easements bordering or within the property? ❑ no X es if li t th y , yes - s em on your plans and indicate the proposed and existin gq access points. ~ Gitil sr- wE~ eN Igivir W 1Gtf LS m PRO ~cf Lf.` ~ 13) If you are requesting commercial or industrial access please indicate the types and number of businesses and provide the floor area square footage of each. business square footage business square footage 14) If you are requesting agricultural field access - how many acres will the access serve? 15) If you are requesting residential developement access, what is the type (single family, apartment, townhouse) and number of units? type number of units type number of units GOWDf7MlNfVM' 23 ~M~[-aYE~ ttfOvSrN('r '4 16) Provide the following vehicle count estimates for vehicles that will use the access. Leaving the property then returning is two counts. Indicate if your counts are peak hour volumes or O average daily volumes. 0 of passenger cars and light trucks If of multi unit trucks X of other vehicles A-M :1 E91 T PM 10 ENrEIZ- AM ' 1 leas{T PM. 1 ENTge o of single unit vehicles in eKCess of 30 n. s of lane vehicles (field equipment) Total count of all vehicles AM ; 12 Ex tT PN U E- ME 17) Check with the issuing authority to determine which of the following documents are required to complete the review of your application. (plans should be no larger than 24" x 36") A GGE I. / PE(-11EL. LANES bN F-VVA rrA6E' QbAo G09OF-PTLY EX t£~j . e) Property map indicating other access, bordering roads and streets. a) Highway and driveway plan profile. Proposed access design b) Drainage plan showing impact to the highway right-of-way. g) Parcel and ownership maps including easements. c) Map and letters detailing utility locations before and after h) Signing and striping plans. development in and along the right-of-way. i) Traffic control plan. d) Subdivision, zoning, or development plan, j) Proof of liability insurance. If an access permit is issued to you it will state the terms and conditions for its use. Any changes in the use of the permitted access not consistent with the terms and conditions listed on the permit may be considered a violation of the permit. The applicant declares under penalty of perjury in the second degree, and any other applicable state or federal laws, that all information provided on this form and submitted attachments are to the best of their knowledge true and complete. Applicants signature Date If the applicant is not the owner of the property, we require this application also to be signed by the property owner or their legally authorized representative (or other acceptable written evidence). This signature shall constitute agreement with this application by all owners-of-interest unless stated in writing. If a permit is authorized, the property owner will be listed as the permittee. Property owner signature Date Y s m 1~- a O 'Y y a " Nib ~ U Spabp 3 s Fi. ° v oyy 366 ' d.. 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Common Areas (Stairs, Elevators 8 Passageways1 0 -Attics 279 _ Units_ 1 Upper Loft One (1535 SF Each) Dwelling 1,535 1-259 _ Unit Decks not inc! in gross) 0 110/107 TOTAL: Level Five Loft - Sheet 2.9 f 535 1 259 1,814 ALL TOTAL: ALL Levels Support Areas - 60,340 ALL TOTAL: ALL Levels Gross Residential _ ALL TOTAL: ALL Levels Salable I 54 827 ALL TOTAL: ALL Levels Gross Square Ftwh a - 117 317 (01/23/2008) Scot Hunn - 11-28-07 AreaCaIC.XIS _ T Page 1 J 28-Nov-2007 Cornerstone Stud Cascade Village. Vai Colorado Total Site Area - 0.697 AC GRFA - Include. partial Floor Elev Brief Description Support Areas atucs a partial open to Salable Gross below spaces LOWER LEVEL PARKING _ arkin 17,623 Common (Stairs, Elev, Elev Lobbies, Elev Mach 1,484 Chill er/Generafor 1,197 36 TOTAL: Lower Parkin Level - Sheet 2.1 0 0 20304 UPPER LEVEL PARKING Parking 12,904 _ C_om_mon (Stairs, Elev, Elev Lobbies, Elev Mach 1,739 Storage 633 Owner's Lockers B Lounge 1,484 Owner's Off Season Storage 1,192 Owner's Toilet & -Circulation 425 Ticket Sales 623 Skier Access Elevator/Stair 481 Public Toilets 8 Janitor TOTAL P ki Sh t 2 2 U 480 ' 48 n - : ar ee pper . GROUND LEVEL 0 0 19.961 Common (Stairs, Elev, Elev Lobbies) 2,515 Parking Rawnp,,_ Trash, Deliveries 3,924 Skier Access Elevator/Stair 588 echanicallElectrical 1,825 Total Support Areas 8,852 HU:_4 993 SF Each 3,972 3,972 wellin _Units. 2 Typical One (1995 SF Each) 3,990 3,990 Dwelling Units: 1 Typical Two 1973 SF Each 1,973 1,973 Total Residential Areas 9,935 Unit Decks not incl in gross) TOTAL G d L l Sh t 2 3 964 9 5 9 935 18 787 62 _ _ _ : roun eve - ee . _ LEVEL ONE _ S _ 9, 3 , , kier Passage LElev.6_Stair) 2,376 Common Areas Stairs,_E_l_evafors 8 Passageways 2,487 Total Support Areas 4,863 wellin Units: _5 Typical One 1995 SF Each 9,975 9,975 Dwelling Units: 1 Typical Two 1973 SF Each 1,973 1,973 Total Residential Areas 11,948 6 Unit Decks not incl in gross) 1,189 77/74 TOTAL: Level One - Sheet 2.4 11,948 11,948 16,811 LEVEL TWO Common Areas (Stairs, Elevators 8 Passageways 2,336 2,336 Dwelling Units: 4 Typical One LIM SF Each 7,980 7,980 Dwelling Units: 1 Lower Loft One 1995 SF Each 1,995 1,995 Dwelling Units: 1 Lower Loft Two 1973 SF Each 1,973 1,973 2333 Unit Decks not incl in ross 1,189 (01/23/2008) Scot Hunn - 11-28-07 AreaCalc.xls Page 2 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: November 26, 2007 SUBJECT: A request for a work session to discuss a major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven, Inc., represented by, Pylman & Associates, Inc. Planner: Scot Hunn 1. SUMMARY The Applicant, L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc., has requested a work session meeting with the Planning and Environmental Commission to discuss the revised plans for a Major Amendment to Special Development District No. 4, to allow for the development of a mixed use project on the property known as the Cornerstone site, inclusive of: o Development of one (1) residential building containing a total of twenty three (23) free market condominiums, four (4) deed restricted employee housing units (EHUs) and two levels of underground parking within ten (10) stories, inclusive parking levels and loft space o Enhancement of skier drop-off and improved lift access through subject property, including a snow melted and covered exterior staircase and dedicated elevator from Westhaven Drive (ground) level to the plaza level below o Improvement of lift ticket sales office, public plaza areas and the provision of public bathrooms o Completion of sidewalk links through the subject property Discussion and feedback is requested with regard to the revised plans relative to certain documents applicable to any development of this site. To this end, Staff has prepared a preliminary analysis summarizing pertinent goals, policies, requirements and development standards outlined in: o The Town of Vail Land Use Plan o The Town of Vail Municipal Code o Special Development District No. 4, Area A (Cascade Village) II. DESCRIPTION OF THE REQUEST Purpose of Worksession The purpose of this meeting is to discuss how the revised Cornerstone development proposal and the amendment to Special Development District No. 4 (SDD No. 4) will be reviewed relative to the Town of Vail Land Use Plan, the Town of Vail Municipal Code and site specific development standards and parameters prescribed for SDD No. 4. In response to concerns voiced by adjacent property owners and the Planning and Environmental Commission during the first work session held on September 24, 2007, the Applicant has submitted a set of revised preliminary elevations for review and consideration, dated October 22, 2007, (Attachment B). At this time, the Applicant requests review of the revised building elevations only; again, the plans have been revised to reduce the number of stories and resultant building height on the East Wing to address concerns by neighboring property owners. Project Overview - (per plans dated August 13, 2007)* The attached plan sets generally indicate proposed improvements including but not limited to: Lower Parking Level • 20,162 sq. ft. (gross) area • Parking area to accommodate accessible space • Internal vehicular access ramp • Ancillary mechanical and trash elements (stairwells/elevator shafts; 33 spaces, including one ADA space and common circulation Upper Parking Level (Plaza Level) (p23 • 19,927 sq. ft. (gross) area • Parking area to accommodate 23 spaces, including three (3) ADA accessible spaces • Ancillary mechanical space and common circulation elements (stairwells/elevator shafts) • Skier services (commercial) square ~ootage located on the plaza level including a three-window ticket sales area and administrative office space • Owner ski lockers, Owner Lounge and skier services facilities • Two public restroom facilities L 5W Ground Level Residential (Westhaven Drive Ground Level) ~Uv*,- • 18,761 sq. ft. (gross) area • Four (4) employee housing units (EHUs) located within the 1=-ast- Wing" of the building • Three (3), one-story free market condominium units • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) 2 Level One Residential • 17,045 sq. ft. (gross) area • Six (6), one-story free market condominium units • "Skier Passage" way from Westhaven Drive drop-off point on the North side of the building to new snow melted (covered) stairwell on South side of the building • Common circulation elements (stairwells/elevator shafts) Level Two Residential ig Asp . 2 l~ ~Fc- u t-t r5 U5 1 • 14,477 sq. ft. (gross) area V•Y~,,rr ; -~CA I t "sS • Six (6), one-story free market condominium units Level Three Residential • 14,477 sq. ft. (gross) area • Four (4), one-story free market condominium units within "West Wing" of the building • Two (2), two- ry (loft) ee market condominium units within "East Wing" of the b Level Four Residential • 9,585 sq. ft. (gross) area • Two (2), two-story (loft) free market condominium units within "West Wing" of the building • Common circulation elements (stairwell/elevator shafts) 1 l.oi-T- Z FIATS Level Five Residential • 2,770 sq. ft. (gross) area • Loft area for two units in "West Wing" of the building ~ .~-off kv GQLOX~ • Common circulation elements (elevator shaft) _ ~~A_IDwL vC PLC Note: Per the Applicant, changes made to the building mass and height do not affect previously proposed density, parking layout or requirements. LVA7C~,, 1 l.o o~ ~N ~Fccs~ Requested Outcome The intended outcome of this meeting is for the Commission to have a greater understanding of the revised plans, as well as, the regulations and development standards affecting the amendment of a special development district. In addition, the work session should be viewed as an opportunity for the Commission, Applicant and public to comment on the project's potential benefits and impacts, as well as, revisions made since the previous work session held on September 24, 2007. Staff suggests that this amendment process will be an opportunity to discuss the existing SDD, specifically Area A, and to identify new opportunities propose any relevant and/or required changes to the SDD. While the Commission will not be taking formal action on the development application at this time, the Staff and the Applicant are requesting that the Commission provides: 3 1) Input and direction to the Applicant on the issues and opportunities related to the proposal; 2) Specific or additional requirements for the impending review and approval processes. Applicable Review Criteria To this end, review of the Cornerstone Building project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary Findings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 33, Series of 2005 - An Ordinance Approving a Special Development District (known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND Special Development District No. 4 Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the revised development plan for Cascade Residences in 2007. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village site is approximately 97.5 acres. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade 4 Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. Cornerstone Site The Cornerstone site is located south of Westhaven Drive, between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference center. The total site area is 0.6977 acres in size and slopes steeply from Westhaven Drive to the hotel terrace and Cascade Village chairlift level. The chairlift is located immediately adjacent to the site and a public pedestrian easement allows for access across the site from Westhaven Drive to the chairlift. The adjacent Waterford site (Liftside Condominiums) and the Cornerstone site are the only two development parcels within the SDD permitted to establish separate development plans. In 1992 the Town of Vail Planning and Environmental Commission recommended approval of the development plan for the Waterford (Liftside Condominiums) and Cornerstone buildings; the Vail Town Council subsequently approved the development plan via Ordinance No. 7, Series of 1993. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: o 41,010 total square feet of building area; o 64 Transient Residential Units/28,110 square feet of GRFA; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; o 11,100 square feet of retail/commercial space; o 56 on-site parking spaces for residential uses; o 37 on-site parking spaces for retail commercial uses o 71' building height limit IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of use/development, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planninq and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. Design Review Board: The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) District, Vail Municipal Code (in part) Chapter 9 - Special and Miscellaneous Districts 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-9A-10: AMENDMENT PROCEDURES (In part): B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Ordinance No. 33, Series of 2005 An Ordinance Repealing and Re-Enacting Ordinance No. 12, Series 2005, Cascade Village, Amending and Re-Establishing the Approved Development Plan for Area A of SDD No. 4 in Accordance with Section 12-9A-10, Vail Town Code to Allow for the Construction of Eleven New Dwelling Units; and Setting Forth Details in Regard Thereto (In Part). 6 Ordinance No. 7, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto (In Part) Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto (In Part). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 7 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. VI. PRELIMINARY ZONING ANALYSIS Legal Description: Cascade Village (Cornerstone Site) Parcel No. 210312119001 Address: 1276 Westhaven Drive Lot Size: .69 acres (30,056 sq ft) Zoning: Special Development District No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort / Spa Development Standard Allowed/Req. Exist/Approved Proposed Lot Area: N/A 30,056 sq. ft. No Change Buildable Area: 30,056 sq. ft. No Change Setbacks: North: Per Dev. Plan 5' 10' South: Per Dev. Plan 2'-6" 5' East. _ _ P_~r-Bev Klan 1'-6" 5' West: Per Dev. Plan 2' Building Height: 71' 71' 92' * Density (Area A): 15 DU/ac 13.4 DU/ac 13.6 DU/ac or 270 DU 245 DU** 268 DU GRFA (Area A): 289,145 sq. ft. 239,680 sq. ft. 52,021 sq. ft. Comm. Sq. Ft. (Area A): 35,698 sq. ft. 24,598 sq. ft. Unknown Site Coverage (Area A): 45%** or Unknown Unknown 8 Per Dev. Plan VII. VIII. Landscape Area (Area A): 50% Unknown Unknown Parking (Cornerstone): 93 spaces*** 93 56 spaces Note: Revised building height as detailed on elevation drawings dated October 22, 2007, show an increase in building height to a maximum of 92'; previous proposal limited building height to 82' Total existing density assumes approval of additional dwelling units proposed within the Cascade Residences, pursuant to File No. PEC07-0058. Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to 45%. SDD No. 4 states that "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." SURROUNDING LAND USES Land Use Zoning * North: Parking Structure/Liftside SDD No. 4 South: Vail Cascade Hotel/Glen Lyon SDD No. 4 East: Common Area/open SDD No. 4 West: Vail Cascade Hotel SDD No. 4 Note: According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. DISCUSSION ISSUES Overview of Review: Identification of Issues and Opportunities The Applicant has submitted revised building elevation drawings in addition to preliminary plans for discussion purposes at this time. Overall, Staff suggests that the level of detail and information provided for this stage of review by the PEC is adequate and appropriate to discuss overall issues of building design and feasibility of the project, as well as initial concepts and concerns regarding bulk, mass, building height, uses and any associated issues of code compliance In addition to the zoning analysis provided in Section VI of this memo, Staff has provided a more in depth comparison between previously approved development standards (requirements or restrictions) and those currently proposed. As a reminder, the previously approved development plan for the Cornerstone Site has expired and Staff is not aware of any pre-existing zoning on the site prior to establishment of SDD No. 4. Therefore, the following general topics relative to the proposed amendment and development plan should be addressed during the scheduled work session: 9 Development Standards Development standards previously applicable to the Cornerstone site, specifically building setbacks, building height, density controls, parking and loading standards, were tied to site plans, landscape plans and building plans made part of the approved development plan for the Waterford (Liftside Condominiums) and Cornerstone sites, provided via Ordinance No. 7, Series 1993, which is now expired. However, there are subsequent amendments thereto (Ordinance No. 33, Series 2005 as the most recent amendment to SDD No. 4 in its entirety) which do address the Cornerstone Site a part of Area A. Such standards are referenced below: Setbacks Ordinance No. 33, Series of 2005, states the following relative to required setbacks prescribed within Area A, in part: "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..." 'All buildings shall maintain a 50 foot stream setback from Gore Creek. " The current proposal establishes the building footprint at the approximate distances away from property lines: North: 10'; South: 5'; East: 5', and; West: 5'. The previously approved development plan established the building footprint approximately 5' from the North property line; 2'-6" from the South property line; 1'-6" from the East property line, and; 2' away from the West property line. Therefore, Staff believes that the current proposal provides for better separation between the proposed buildings and the footprints of adjacent buildings. As well, Staff suggests that the current proposal could be construed to create slightly less visual impact to adjacent properties closes to the East property line. Lastly, there is slightly more distance (by approximately 3 feet) provided between Gore Creek and the proposed structure. Site Coverage Ordinance No. 33, Series of 2005, states the following relative to 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. " As the Applicant moves forward in the review process, the Applicant will work with Staff to calculate proposed site coverage as a percent of total site area (for Area A) inclusive of the new Cornerstone Building. Landscaping Ordinance No. 33, Series of 2005, states: "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 8, fifty percent (50916), and in Areas C and D, sixty percent (60%), of the area shall be 10 landscaped unless otherwise indicated on the site specific development plans. " As the Applicant moves forward in the review process, the Applicant will work with Staff to calculate proposed landscaping as a percent of total site area (for Area A) inclusive of the new Cornerstone Building. Building Height The current proposal calls for increased allowable building height from 71' to 92' for the site. This increase is requested to accommodate additional height within the "West Wing" of the proposed structure and, specifically to address concerns voiced by adjacent property owners and the PEC during the work session on September 24, 2007. Specifically, the Applicant was asked to study reducing the proposed height of the "East Wing" of the building to mitigate or otherwise reduce the visual impact to property owners in the Liftside building to the north; consequently, the Applicant has reduced the building height by a full story on the east side, while showing a corresponding height increase in the middle portion of the building (West Wing) to accommodate relocated dwelling units in an area of the site thought to produce no negative (visual) impacts on surrounding properties. It should be noted that the Applicant has not increased the number of units proposed, only the location of two units, to facilitate this change. Pursuant to Ordinance No. 33, Series 2005, building height for SDD No. 4 is calculated as follows: "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." Staff believes the additional height requested is proposed within a portion of the structure that will not directly impact views of adjacent properties. However, the Commission should consider overall design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to building height. In addition, the Commission should review the proposal relative to architectural design, scale, bulk, buffer zones, identity, character, visual integrity and orientation, as criteria for any final review of this project. The Applicant has provided revised elevation and section drawings (dated November 26, 2007) representing the proposed structure in relation to site grades and surrounding buildings; these drawings as well as any available modeling should be reviewed as well. Parkin Ordinance No. 33, Series of 2005, states (for previously approved and expired development plan) that: "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. " 11 Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units", free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a .4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a .1 space per 100 sq. ft. ratio accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the 1993 development plan was 91 spaces. The current proposal contains no Transient Residential/accommodation units or commercial square footage. In addition, the twenty three (23) free market residential dwelling units (not including EHUs) proposed will generate significantly less on-site parking demand than the previous 32 units approved for the site. Employee Housing Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "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. " Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing 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." In addition to previously established requirements of the SDD, the development of the Cornerstone Building is subject to the Town' Employee Housing regulations, specifically Ordinances 7 & 8. Based on a proposed GRFA of approximately 52,021 sq. ft., and a required mitigation of 10% of that GRFA, approximately 5, 202 sq. ft. of on-site housing (or payment-in-lieu) will be required. The Applicant has proposed four (4) employee housing units (EHUs) within the Cornerstone building, each at approximately 1,000 square feet. In addition, the Applicant proposes to pay a fee-in-lieu of $291,079 to account for the remaining 1,230 sq. ft. of required housing. Such issues should be discussed relative to the ultimate benefits provided to the Town by development of the Cornerstone site. As well as opportunities to mitigate any potential impacts on adjacent property Owners. Work Session Review Discussion Items In addition, Staff suggests that the following questions or areas of focus apply to any review and discussion for the Cornerstone site: 12 Site Constraints/Opportunities: o Siting of proposed improvements relative to applicable setbacks (approved SDD No. 4 Site Plan), property lines, adjacent improvements, rights-of- way, and any easements of record o Improvements to streetscape and public areas - work with Town of Vail Public Works and property management for the Cascade Village to ensure coordinated street improvements to Westhaven Drive o Investigation/Feasibility study of integrating "green-building" and energy efficient site and building design principles and construction techniques in the design development of the project Design: o Massing and bulk - form based considerations, compatibility with surrounding neighborhood and potential view impacts o Roof composition - pitches, proportions, overhangs and forms o General exterior material and design elements o FaVade and Fenestration o Building height calculations - conformance with goals and objectives of master plans and potential impacts on adjacent properties Density: o Dwelling Units o Employee Housing Units (EHUs) - for sale/for rent? o Maximum Density - Units and GRFA Construction Considerations and Impacts o Code Compliance o Staging, Scope and Impacts to adjacent properties/uses Additional Information and Review Requirements Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Site Coverage and Landscape Analyses - information indicating existing and proposed site coverage and landscaping for the entirety of Area A; 2. Revised Site Plan showing all applicable setbacks to Gore Creek, as well as proposed limits of disturbance. 3. Building and Fire Code Compliance Analysis Next Steps In Review Process Proposed* Next Steps and approximate time-frames inherent in the Development Review Process/Applications required: o Proceed to DRB for Conceptual Review in December time-frame o Return to PEC for final approval of a major amendment to a SDD No. 4 in December - January time-frame o Proceed to Town Council for review of recommendation by PEC in January - February time-frame o Return to DRB for Final Review in January - February time-frame 13 Note: The above steps and timelines are suggested by staff to aid the Commission and Applicant in planning for future application requirements and review schedules; additional applications may be required and timelines (meeting dates) may be subject to change). IX. STAFF RECOMMENDATION As this is not a final review, the Community Development Department will not be making a recommendation at this time. However, Staff recommends that the Commission listens to the presentation and identifies any comments or concerns that the Commission may have at this time, with further direction to table the application to a date certain in December or January for formal review. X. ATTACHMENTS A. Vicinity Map B. Revised building elevations/sections by GPSL Architects, dated November 26, 2007 C. Original building elevations by GPSL Architects, dated August 13, 2007 14 Attachment A 15 OQ d?JO~00 IIIVA ~9 d-f~l/ SQ dOS d0 7# aQS Ol SNOIl'dOI~1I6OV4 a J ti o 'Q N C'I V V z a ,~tl a ~4$a:~ it ~ 'i`- tillliE;.I~ ~ n OQ'dJ0100 "~I'd/~ ~39b'~1111~ ~Q'dOSHO t7# QQS Ol SN011dOI~IQOW i `R~° o m ~ J.Qf115 ~NOlSZl~NZlO~ fc~(~e,,, ~°n t r 9 'A h ~ o N J Q G • I LL ~nrl C~2 O / Z 0 oa~o~oo '-tidn 'ao~~in aabosdo 9 ! Attachment C (Sas Ol sNOIIV:)IdIaOW ®ar" ion-L5 DNOIGaGNZ100 j f gg °t`I y i a o~ s „a a a o~ ~ O L9 If~i~`~;~! ~ ~ B ~ ~ OQ~O'100 '~I do ~9 d 1~1/ ~Q dOS d0 w V~?a 9 iE"i~ 3 m ~F t,# COG 01 SNOIl'dO1=11aOW a € s!~ d, ~,CrliG :]NO e a 9 0 €g~ 'A M Ia~ I I I I V O C I r > O I L~ Z I I t---- F--- d I I i , I II~ Ia ~ l~ rs i I 7 I ! L i i i ~ ~ I B i o i i i ~ ® I ~ i i I I 0 i I ~F=liQ f x i ~ a I ~ N I I I I~ I I I 1 a rn ~ IJ" I ~ -a 'r' ,oo i 1 I I l , ~ I i ~ I i ~ O O I i 3 + Z O C ~ cy~~ N O O S L' u ~I C 0 O W ~ Off. O y a ~ Q. y. A re, ~ a y .a y w ~ ? o c rA y A y o O ~o a~ a ro ~7 C A O fD• ~ n CD CD cal O Il CD e"'r n N n r' CD n ~ ij ll1I a Q _ i i'LI !I A CD 0 CD rTl n O CD cn O CD C/) C/) Q (D Q w n S C a c d oNi O 7 o ~ G y 0. 0. ~afD ~ o a ~ Vi a y O QQ W ~ ? o c A y y ~ a r~ ~ Q ti d. ~ QQ p O d O a y ~D a~ n BCD N 0 CD b r~ V1 lrrI N _r rf l I rf l~ -3 s CD CD N (CD J G CXJ n 0 CD cn 0 n CD C/) Q. N C/) Q. a C CA a N O a• s O v~ O C c y a a ~afD v, o ~e y• a O QQ W •3 ¢ d ego 7 o C rD Vi b rF 0 0 0 0 o ~ 3 ay P.O. y y O 'Z rF K 0 a a ~ =tic a ~ a a n N CD O CD b T~ I C) N rr CD SI CD O j lI d A~ CD C r+ O e--r l CD n O CD cn O D ~7 o cQ C/) (D r-r Q. ~l in c o~ c N O 7 fD o c ~ y a y w ~ a d ~ ao°a 0 0 a• a~ Qa o ° o ~ rT a ° rT (ra• y ~ 9• ~ a, o o ~ ~ o a z S a 1'°~ -s a a n CD F r+ CD CL O CD b C7 N n CD r* H/ hm 3 1c;a 0 ITTO 1 a) Tl~ r+ CD O O O C O r V ` l I CD n 0 CD cn 0 CD iU Q. CD C/) Q. r% in c N d c O 7 (01/23/2008) Scot Hunn - cornerstone study... Page-1-11 From: Mike Vaughan To: Scot Hunn Date: 01/23/2008 11:28 AM Subject: cornerstone study... CC: Mark Miller; Mike McGee Greetings. After further review and research, I have discovered that we did review the cornerstone conceptual drawings. Our comments were sent over to planning. I reviewed the set you printed off for me this morning, and our concerns are as follows: Fire Department access is not clearly provided for or identified. Fire protection features including, standpipes, standpipe connections, sprinkler valve room, alarm room, proposed water entry, fire main size, and fire command room are not shown on plan. I would be available for a meeting this week. I am unavailable on the 29th and 31st of next week. Hope this helps, sorry for the confusion this morning. Thanks, Mike. Mike Vaughan Lieutenant/Fire Prevention Officer Vail Fire & Emergency Services 970-479-2252 Page 1 of 2 Scot Hunn - RE: RE: cascade Residences From: "Allison Kent" To: "'Rachel Friede'" , "'Scot Hunn'" Date: 06/24/2008 7:57 AM subject: RE: RE: Cascade Residences This chart may have more up-to-date numbers. Square Footage Breakdown for the Proposed Minor Amendment Use Common Area Restaurant/Office Existing Condos Private Storage Delivery Area/Loading Dock Colorado Mountain College Theaters Commercial/Office Space New Residential Units TOTAL Garage Allison Kent, AICP Mauriello Planning Group Existing 2005 Approval Mino r Amendment Change 17,245 8,083 9,463 1,380 3,547 2,573 2,103 -470 15,490 15,490 15,490 0 727 727 727 0 4,007 4,007 4,007 0 15,204 na na 10,568 na na na 5,061 5,061 0 na 31,056 30,934 -122 66,997 67,785 788 6,598 -----Original Message----- From: Rachel Friede [mailto:RFriede@vailgov.com] Sent: Monday, June 23, 2008 5:17 PM To: Allison Kent; Scot Hunn Subject: Fwd: RE: Cascade Residences Is Cascade Condos approved for a total of 22 or just 19 Dwelling units? Scot Hunn 06/23/2008 1:59 PM "Allison Kent" <allison@mpgvail.com> 06/23/2008 10:49 AM I have this chart if it helps. Use Existing 2005 Approval Common Area 17,245 8,083 Restaurant/Office 3,547 2,573 file://C:\Documents and Settings\Administrator\Local Se... 06/25/2008 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 24, 2007 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc. Planner: Scot Hunn 1. SUMMARY The Applicant(s), L-O Westhaven, Inc., represented by Rick Pylman, Pylman & Associates, Inc., has requested a work session meeting with the Planning and Environmental Commission to discuss the proposed plans for a Major Amendment to Special Development District No. 4, to allow for the development of a mixed use project on the property known as the Cornerstone site, inclusive of: o Development of one (1) residential building containing a total of twenty three (23) free market condominiums, four (4) deed restricted employee housing units (EHUs) and two levels of underground parking within eight (8) stories, inclusive of loft space o Enhancement of skier drop-off and improved lift access through subject property, including a snow melted and covered exterior staircase and dedicated elevator from Westhaven Drive (ground) level to the plaza level below o Improvement of lift ticket sales office, public plaza areas and the provision of public bathrooms o Completion of sidewalk links through the subject property Discussion and feedback is requested with regard to the proposed plans relative to certain documents applicable to any development of this site. To this end, Staff has prepared a written analysis summarizing pertinent goals, policies, requirements and development standards outlined in: o The Town of Vail Land Use Plan o The Town of Vail Municipal Code o Special Development District No. 4, Area A (Cascade Village) DESCRIPTION OF THE REQUEST Purpose of Worksession The purpose of this meeting is to discuss how the Cornerstone development proposal and the amendment to Special Development District No. 4 (SDD No. 4) will be reviewed relative to the Town of Vail Land Use Plan, the Town of Vail Municipal Code and site specific development standards and parameters prescribed for SDD No. 4. The Applicant has submitted a set of preliminary plans for review and consideration, dated August 13, 2007 (Attachment B) as well as a written summary of the project (Attachment C). Project Overview The attached plan sets generally indicate proposed improvements including but not limited to: Lower Parking Level • 20,162 sq. ft. (gross) area • Parking area to accommodate accessible space • Internal vehicular access ramp • Ancillary mechanical and trash elements (stairwells/elevator shafts; Upper Parking Level (Plaza Level) • 19,927 sq. ft. (gross) area • Parking area to accommodate accessible spaces 33 spaces, including one ADA space and common circulation 23 spaces, including three (3) ADA • Ancillary mechanical space and common circulation elements (stairwells/elevator shafts) • Skier services (commercial) square footage located on the plaza level including a three-window ticket sales area and administrative office space • Owner ski lockers, Owner Lounge and skier services facilities • Two public restroom facilities Ground Level Residential (Westhaven Drive Ground Level) • 18,761 sq. ft. (gross) area • Four (4) employee housing units (EHUs) located within the "East Wing" of the building • Three (3), one-story free market condominium units • Ancillary mechanical and trash space and common circulation elements (stairwells/elevator shafts) Level One Residential • 17,045 sq. ft. (gross) area • Six (6), one-story free market condominium units 2 "Skier Passage" way from Westhaven Drive drop-off point on the North side of the building to new snow melted (covered) stairwell on South side of the building Common circulation elements (stairwells/elevator shafts) Level Two Residential • 14,477 sq. ft. (gross) area 0 Six (6), one-story free market condominium units Level Three Residential • 14,477 sq. ft. (gross) area • Four (4), one-story free market condominium units within "West Wing" of the building • Two (2), two-story (loft) free market condominium units within "East Wing" of the building Level Four Residential • 9,585 sq. ft. (gross) area • Two (2), two-story (loft) free market condominium units within "West Wing" of the building • Loft area for two units in "East Wing" of the building • Common circulation elements (stairwell/elevator shafts) Level Five Residential • 2,770 sq. ft. (gross) area • Loft area for two units in "West Wing" of the building • Common circulation elements (elevator shaft) Of note is the creation of four (4) employee housing units (EHUs) and the enhanced pedestrian plaza ("Skier Passage") connecting to a snow melted and covered stairwell providing access from Westhaven Drive to the chairlift plaza level. Requested Outcome The intended outcome of this meeting is for the Commission to have a greater understanding of the regulations and development standards affecting the amendment of a special development district, as well as the existing and proposed development standards prescribed within approved development plans for Area A, Cascade Village, within SDD No. 4. As well, the work session should be viewed as an opportunity to for the Commission, Applicant and public to comment on the project's potential benefits and impacts. Staff suggests that this amendment process will be an opportunity to discuss the existing SDD, specifically Area A, and to identify new opportunities propose any relevant and/or required changes to the SDD. While the Commission will not be taking formal action on the development application at this time, the Staff and the Applicant are requesting that the Commission provides: 1) Input and direction to the Applicant on the issues and opportunities related to the proposal; 2) Specific or additional requirements for the impending review and approval processes. Applicable Review Criteria To this end, review of the Cornerstone Building project will include the following code sections and other relevant documents to be considered in any future submittal for formal review and approval by the PEC: o A major amendment to special development district application pursuant to Chapter 9 of Title 12, Town of Vail Municipal Code; Specifically, sections (in part): • 12-9A-4: Development Review Procedures • 12-9A-5: Submittal Requirements • 12-9A-6: Development Plan • 12-9A-7: Uses • 12-9A-8: Design Criteria and Necessary Findings • 12-9A-9: Development Standards • 12-9A-10: Amendment Procedures • 12-9A-11: Recreation Amenities Tax • 12-9A-12: Time Requirements • 12-9A-14: Existing Special Development Districts o Ordinance No. 33, Series of 2005 - An Ordinance Approving a Special Development District (known as SDD No. 4) and the Development Plan in Accordance with Chapter 18.40 of the Municipal Code and Setting Forth Details in Regard Thereto (Attachment D) o Ordinance No.(s) 7 & 8, Series of 2007 o The Town of Vail Land Use Plan III. BACKGROUND Special Development District No. 4 Special Development District No. 4, Cascade Village, was adopted by Ordinance No. 5, Series of 1976. At least seventeen subsequent amendments occurred from 1977 through the present day, inclusive of the most recent major amendment to approve the Cascade Residences in 2006. The subject property was a Planned Unit Development under Eagle County Jurisdiction when the property was annexed in 1975. SDD No. 4 includes the following: Area A Cascade Village Area B Coldstream Condominiums Area C Glen Lyon Primary/Secondary and Single Family Lots Area D Glen Lyon Commercial Site The entire Cascade Village site is approximately 97.5 acres. Because the property was annexed into the Town of Vail as a Planned Unit Development under Eagle County jurisdiction and early Special Development Districts were not based on an underlying zoning, there is no underlying zoning for Cascade Village. The uses and development standards for the entire property are as outlined in the adopting ordinance for Special Development District No. 4. 4 Cornerstone Site The Cornerstone site is located south of Westhaven Drive, between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference center. The total site area is 0.6977 acres in size and slopes steeply from Westhaven Drive to the hotel terrace and Cascade Village chairlift level. The chairlift is located immediately adjacent to the site and a public pedestrian easement allows for access across the site from Westhaven Drive to the chairlift. The adjacent Waterford site (Liftside Condominiums) and the Cornerstone site are the only two development parcels within the SDD permitted to establish separate development plans. In 1992 the Town of Vail Planning and Environmental Commission recommended approval of the development plan for the Waterford (Liftside Condominiums) and Cornerstone buildings; the Vail Town Council subsequently approved the development plan via Ordinance No. 7, Series of 1993. Although this plan is now expired, the 1993 development plan for the Cornerstone site included: o 41,010 total square feet of building area; o 64 Transient Residential Units/28,110 square feet of GRFA; o Three (3) employee housing units (EHUs)/1,800 square feet of GRFA; o 11,100 square feet of retail/commercial space; o 56 on-site parking spaces for residential uses; o 37 on-site parking spaces for retail commercial uses o 71' building height limit IV. ROLES OF THE REVIEWING BOARDS The purpose of this section of the memorandum is to clarify the responsibilities of the Planning and Environmental Commission, Design Review Board, Town Council, and Staff with regard to the review of any applications submitted on behalf of the Applicant. Major Amendment to Special Development District (SDD) Order of Review: Generally, applications will be reviewed first by the PEC for impacts of useldevelopment, then by the DRB for compliance of proposed buildings and site planning, and final approval by the Town Council. Planning and Environmental Commission (PEC): The PEC shall review the proposal for general compliance pursuant to criteria set forth in Section 12-9A-8: Design Criteria and Necessary Findings. The Planning and Environmental Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such medications as it deems necessary to accomplish the purpose of this title, or may recommend denial of the petition or rejection of the proposal. 5 Design Review Board: The Design Review Board has no review authority on a Major or Minor Amendment to a Special Development District (SDD), but must review any accompanying Design Review Board application. The Design Review Board therefore will make a recommendation to the Planning and Environmental Commission on any deviations proposed to the architectural design guidelines prescribed in the Vail Village Master Plan. Town Council: Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing within the following thirty (30) days. Within twenty (20) days of the closing of a public hearing on a proposed SDD, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental commission. The Town Council may cause an ordinance to be introduced to create or amend a special development district. V. APPLICABLE PLANNING DOCUMENTS Section 12-9A: Special Development (SDD) District, Vail Municipal Code (in art Chapter 9 - Special and Miscellaneous Districts 12-9A-1: PURPOSE: The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail comprehensive plan 12-9A-10: AMENDMENT PROCEDURES (In part): B. Major Amendments: 1. Requests for major amendments to an approved special development district shall be reviewed in accordance with the procedures described in section 12-9A-4 of this article. Ordinance No. 33, Series of 2005 An Ordinance Repealing and Re-Enacting Ordinance No. 12, Series 2005, Cascade Village, Amending and Re-Establishing the Approved Development Plan for Area A of SDD No. 4 in Accordance with Section 12-9A-10, Vail Town Code to Allow for the Construction of Eleven New Dwelling Units; and Setting Forth Details in Regard Thereto (In Part). 6 Ordinance No. 7. Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 23, Entitled Commercial Linkage„ and Setting for Details in Regard Thereto (In Part) Ordinance No. 8, Series of 2007 An Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, by the Addition of New Definitions to Section 12-2-2, and the Adoption of a New Chapter 2, Entitled Inclusionary Zoning, and Setting for Details in Regard Thereto (In Part). Vail Land Use Plan The Vail Land Use Plan was initiated in 1985 and adopted in 1986 by the Vail Town Council. The main purpose of the Land Use Plan is two-fold: 1. To articulate the land use goals of the Town. 2. To serve as a guide for decision making by the Town. The Vail Land Use Plan is intended to serve as a basis from which future land use decisions may be made within the Town of Vail. The goals, as articulated within the Land Use Plan, are meant to be used as adopted policy guidelines in the review process for new development proposals. In conjunction with these goals, land use categories are defined to indicate general types of land uses which are then used to develop the Vail Land Use Map. The Land Use Plan is not intended to be regulatory in nature, but is intended to provide a general framework to guide decision making. Where the land use categories and zoning conflict, existing zoning controls development on a site. Goals and Policies (in part): 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.4 The original theme of the old Village Core should be carried into new development in the Village Core through continued implementation of the Urban Design Guide Plan. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 2.0 Skier/Tourist Concerns 2.1 The community should emphasize its role as a destination resort while accommodating day skiers. 5.0 Residential VI. 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. PRELIMINARY ZONING ANALYSIS Legal Description: Cascade Village (Cornerstone Site) Parcel No. 210312119001 Address: 1276 Westhaven Drive Lot Size: .69 acres (30,056 sq ft) Zoning: Special Development District No. 4 (no underlying zone district) Land Use Plan Designation: Resort Accommodations and Services Current Land Use: Mixed Use Residential and Resort / Spa Development Standard Allowed/Req. Exist/Approved Proposed Lot Area: N/A 30,056 sq. ft. No Change Buildable Area: 30,056 sq. ft. No Change Setbacks: North: Per Dev. Plan 5' 10' South: Per Dev. Plan 2'-6" 5' East: Per Dev. Plan 1'-6" 5' West: Per Dev. Plan 2' 5' Building Height: 71' 71' 82' Density (Area A): 15 DU/ac 13.4 DU/ac ac or 270 DU 245 DU* 268 DU GRFA (Area A) Comm. Sq. Ft. (Area A): 289,145 sq. ft. 239,680 sq. ft 35,698 sq. ft 52,021 sq. ft. 24,598 sq. ft. 8 Site Coverage (Area A): 45%** or Unknown Unknown Per Dev. Plan Landscape Area (Area A): 50% Unknown Unknown Parking (Cornerstone): 93 spaces*** 93 56 spaces VII VIII Note: * Total existing density assumes approval of additional dwelling units proposed within the Cascade Residences, pursuant to File No. PEC07-0058. Ordinance No. 33, Series 2005 amended allowable site coverage for Area A from 35% to 45%. SDD No. 4 states that "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." SURROUNDING LAND USES Land Use Zoninq * North: Parking Structure/Liftside SDD No. 4 South: Vail Cascade Hotel/Glen Lyon SDD No. 4 East: Common Area/open SDD No. 4 West: Vail Cascade Hotel SDD No. 4 Note: * According to the records on file for SDD No. 4, the entire development district was zoned "PUD" within Eagle County prior to annexation to the Town of Vail; therefore, no underlying "zoning" exists for this parcel other than previously approved (and amended) development plans for SDD No. 4. DISCUSSION ISSUES Overview of Review: Identification of Issues and Opportunities The Applicant has submitted preliminary plans for discussion purposes at this time, however the application for final plan review has been deemed complete. Overall, Staff suggests that the level of detail and information provided for this stage of review by the PEC is adequate and appropriate to discuss overall issues of building design and feasibility of the project, as well as initial concepts and concerns regarding bulk, mass, building height, uses and any associated issues of code compliance In addition to the zoning analysis provided in Section VI of this memo, Staff has provided a more in depth comparison between previously approved development standards (requirements or restrictions) and those currently proposed. As a reminder, the previously approved development plan for the Cornerstone Site has expired. Therefore, the following general topics relative to the proposed amendment and development plan should be addressed during the scheduled work session: Development Standards Development standards previously applicable to the Cornerstone site, specifically building setbacks, building height, density controls, parking and loading 9 standards, were tied to site plans, landscape plans and building plans made part of the approved development plan for the Waterford (Liftside Condominiums) and Cornerstone sites, provided via Ordinance No. 7, Series 1993, which is now expired. However, there are subsequent amendments thereto (Ordinance No. 33, Series 2005 as the most recent amendment to SDD No. 4 in its entirety) which do address the Cornerstone Site a part of Area A. Such standards are referenced below: Setbacks Ordinance No. 33, Series of 2005, states the following relative to required setbacks prescribed within Area A, in part: "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..." "All buildings shall maintain a 50 foot stream setback from Gore Creek." The current proposal establishes the building footprint at the approximate distances away from property lines: North: 10'; South: 5'; East: 5', and; West: 5'. The previously approved development plan established the building footprint approximately 5' from the North property line; 2'-6" from the South property line; 1'-6" from the East property line, and; 2' away from the West property line. Therefore, Staff believes that the current proposal provides for better separation between the proposed buildings and the footprints of adjacent buildings. As well, Staff suggests that the current proposal could be construed to create slightly less visual impact to adjacent properties closes to the East property line. Lastly, there is slightly more distance (by approximately 3 feet) provided between Gore Creek and the proposed structure. Site Coverage Ordinance No. 33, Series of 2005, states the following relative to 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." As the Applicant moves forward in the review process, the Applicant should be required to calculate proposed site coverage as a percent of total site area (for Area A) inclusive of the new Cornerstone Building. Landscaping Ordinance No. 33, Series of 2005, states: "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 (5051o), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans." 10 As the Applicant moves forward in the review process, the Applicant should be required to calculate proposed landscaping as a percent of total site area (for Area A) inclusive of the new Cornerstone Building. Building Height The current proposal calls for increased allowable building height from 71' to 82' for the site; this increase is requested to accommodate additional height within the "West Wing" of the proposed structure. Pursuant to Ordinance No. 33, Series 2005, building height for SDD No. 4 is calculated as follows: "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. " Staff believes that although the additional height requested is proposed within a portion of the structure that will not directly impact views of adjacent properties, the Planning and Environmental Commission should consider overall design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to building height, in addition to architectural design, scale, bulk, buffer zones, identity, character, visual integrity and orientation, as criteria for any final review of this project. The Applicant has provided section drawings representing the proposed structure in relation to site grades and surrounding buildings; these drawings as well as any available modeling should be reviewed as well. Parking Ordinance No. 33, Series of 2005, states (for previously approved and expired development plan) that: "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. " Staff believes that a majority of the spaces previously required were generated by the approved number of "Transient Residential Units", free market units (GRFA) and retail/commercial square footage approved for the site. Specifically, sixty four (64) TRs were approved for the site with a .4 space to unit ratio, for a total of twenty six (26) spaces required; 28,110 square feet of GRFA with a .1 space per 100 sq. ft. ratio accounted for 28 additional spaces dedicated for the residential component. Additionally, 37 spaces were required at a ratio of 1 space per 300 sq. ft. of commercial space. The total requirement in the 1993 development plan was 91 spaces. The current proposal contains(fnc~Transient Residential/accommodation units orr commercial square footage. In addition, the twenty three (23) free market ('residential dweing units (not including EHUs) proposed will generate significantly less on-site parking demand than the previous 32 units approved for the site. Employee Housing Ordinance No. 33, Series of 2005, addresses employee housing in the following manner: "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. " Further, that: "The developer(s) of Area A shall build a minimum of 3 employee housing 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." In addition to previously established requirements of the SDD, the development of the Cornerstone Building is subject to the Town' Employee Housing regulations, specifically Ordinances 7 & 8. Based on a proposed GRFA of approximately 52,021 sq. ft., and a required mitigation of 10% of that GRFA, approximately 5, 202 sq. ft. of on-site housing (or payment-in-lieu) will be required. The Applicant has proposed four (4) employee housing units (EHLls) within the Cornerstone building, each at approximately 1,000 square feet. In addition, the Applicant proposes to pay a fee-in-lieu of $291,079 to account for the remaining 1,230 sq. ft. of required housing. Such issues should be discussed relative to the ultimate benefits provided to the Town by development of the Cornerstone site. As well as opportunities to mitigate any potential impacts on adjacent property Owners. Work Session Review Discussion Items In addition, Staff suggests that the following questions or areas of focus apply to any review and discussion for the Cornerstone site: Site Constraints/Opportunities: o Siting of proposed improvements relative to applicable setbacks (approved SDD No. 4 Site Plan), property lines, adjacent improvements, rights-of- way, and any easements of record o Improvements to streetscape and public areas - work with Town of Vail Public Works and property management for the Cascade Village to ensure coordinated street improvements to Westhaven Drive o Investigation/Feasibility study of integrating "green-building" and energy efficient site and building design principles and construction techniques in the design development of the project Design: o Massing and bulk - form based considerations, compatibility with surrounding neighborhood and potential view impacts o Roof composition - pitches, proportions, overhangs and forms o General exterior material and design elements o FaVade and Fenestration 12 o Building height calculations - conformance with goals and objectives of master plans and potential impacts on adjacent properties Density: o Dwelling Units o Employee Housing Units (EHUs) - for sale/for rent? o Maximum Density - Units and GRFA Construction Considerations and Impacts o Code Compliance o Staging, Scope and Impacts to adjacent properties/uses Additional Information and Review Requirements Additional information and/or processes may be required in any subsequent submittals in order to adequately address the following issues and/or requirements: 1. Site Coverage and Landscape Analyses - information indicating existing and proposed site coverage and landscaping for the entirety of Area A; 2. Revised Site Plan showing all applicable setbacks to Gore Creek, as well as proposed limits of disturbance. 3. Building and Fire Code Compliance Analysis Next Steps In Review Process Proposed* Next Steps and approximate time-frames inherent in the Development Review Process/Applications required: o Proceed to DRB for Conceptual Review in October time-frame o Return to PEC for final approval of a major amendment to a SDD No. 4 in October-November time-frame o Proceed to Town Council for review of recommendation by PEC in November time-frame o Return to DRB for Final Review in November-December time-frame Note: * The above steps and timelines are suggested by staff to aid the Commission and Applicant in planning for future application requirements and review schedules; additional applications may be required and timelines (meeting dates) may be subject to change). IX. STAFF RECOMMENDATION As this is not a final review, the Community Development Department will not be making a recommendation at this time. However, Staff recommends that the Commission listens to the presentation and identifies any comments or concerns that the Commission may have at this time, with further direction to table the application to a date certain in August for formal review. X. ATTACHMENTS A. Vicinity Map B. Reduced Architectural Plans C. Cornerstone report/analysis (by Rick Pylman, Pylman & Associates, Inc.) D. Ordinance No. 33, Series of 2005 - Special Development District No. 4 13 Attachment A 14 ~ M fi oa~o~oo ' ~idn 'ao d-t tin aados'do p G~, 6 E u p-e •~,,EF~ lla► Mi ~;r~ ,►,anis ~NO1s~~N~o~~~[Bg~~ n g d MINN.., 4 8 J ,On 0.'m Attachment B Hill t:'# aa5 Ol SNOIldOI~IQOW i tk~a~ °9 ,lQ(11.S 3N015?J~NZl00 ~ ~,(~(,4;1€! ~g ~ ~ IN 11 n~ t_ OQd~O'f07 '~fl d/~ '39d-i TVA 3QbOSdO • IIa'•' b# QQS 01 SNOIIVO1~4I00W Owl It ! 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F q 2 i~ ~ 1= 3 U Q K R' I Il TOWN OF PAIL THIS ITEM MAY AFFECT YOUR PROPERTY PUBLIC NOTICE NOTICE IS HEREBY GIVEN that the Planning and Environmental Commission of the Town of Vail will hold a public hearing in accordance with section 12-3-6, Vail Town Code, on September 24, 2007, at 1:00 pm in the Town of Vail Municipal Building, in consideration of: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units, located at 1310 Westhaven Drive/Vail Cascade Subdivision, and setting forth details in regard thereto. (PEC07-0058) Applicant: Vail Cascade Residences, LLC, represented by Mauriello Planning Group Planner: Scot Hunn A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 4, Vail Cascade, pursuant to Article 12- 9A, Special Development District, Vail Town Code, to allow for the development of a mixed use project on the property known as the Cornerstone site, located at 1276 Westhaven Drive/Vail Cascade Subdivision and setting forth details in regard thereto. (PEC07-0055) Applicant: L-O Westhaven , Inc., represented by Rick Pylman, Pylman & Associates Planner: Scot Hunn The applications and information about the proposals are available for public inspection during office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Please call 970-479-2138 for additional information. Sign language interpretation is available upon request, with 24-hour notification. Please call 970-479-2356, Telephone for the Hearing Impaired, for information. Published September 7, 2007, in the Vail Daily. *""LA I -G -0-1 Page 1 TOWN OF VAIL Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 www.vailgov.com MEMO To: Scot Hunn From: Tom Kassmel, Town Engineer Re: Cornerstone Development PEC Review Date: 9/7/07 The Town of Vail Public Works Department has received the conceptual plans set dated 8/13/07 for the Cornerstone Development. Based on our review the following comments will be required to be resolved prior to approval. Additional comments will be provided when more detailed plans are provided. Comments 1. Please provide a stamped survey and title report. This should show all existing easements within the property. 2. The Cascade Special Development District currently has numerous shortfalls. As this may be the last major development of the Special Development District the following issues should be considered when approving this new development in the Special Development District; a. The Loading and Delivery for this Special Development is generally insufficient, specifically during large events held at the convention center. If it were possible to structurally reenforce the roof of the parking structure at the far east end of the convention center to support loading and delivery vehicles this could alleviate the shortfall. b. The Parking for this Special Development is also insufficient, again specifically during large events at the convention center. If additional parking could be added at this proposed site it would benefit the entire Special Development District. Currently the lowest parking level is 12' below grade on the south side and 38' below grade on the north side, is it possible to provide an additional level of parking below grade? c. There is currently no pedestrian walk along the South Frontage Road along the entire Special Development. The construction of a walk along the South Frontage Road would provide connectivity for future expansions of the South Frontage Rd walk that currently skips this section, ending at Donavan and starting back up at the Glen Lyon Office Building. It would also provide a walk for the emergency/backdoor access points along the Convention Center and provide a walk to the existing ECO bus stop. 3. The Westhaven Drive entrance to the cascade Special Development should be enhanced to provide better traffic flow, transit stop, skier drop off, aesthetics, landscaping and snow storage. 4. An updated traffic study shall be provided to assess the vehicular and pedestrian traffic impact this development will add. It shall also take into account the changes in uses of the Cinema, CMC and provide an analysis of the need of a left turn lane coming out of Westhaven Dr. at the intersection with the South Frontage Rd, taking into account the Town of Vail Transportation Study Update and future traffic numbers along the Frontage Road. Based on previous traffic studies a left turn lane will be required with a substantial queing area. 5. The project is proposing to share the small Loading area to the west. Does this accommodate the existing and proposed need effectively? 6. Show grades and typical dimensions in parking structure. 7. Can the wooden deck support walls of the ski lift be redesigned to provide better sight distance for the bike path? This is an dangerous location currently. 8. Coordinate with AIPP for Public Art contribution. 9. Will the construction of this project require shoring on adjacent properties, have easements been granted? 10. The Developer shall comply with Public Works General Conditions of Approval. (See attached) Town of Vail Public Works General Conditions of Approval 1. Please add the Town of Vail General Notes to construction plans. (Notes can be e-mailed upon request) 2. Please add Utility Signature block and have all utilities sign acknowledging acceptance of utility design. 3. All construction staging issues shall be resolved prior to construction including staging, phasing, access, schedules, traffic control, emergency access, etc... 4. A ROW/Utility permit shall be obtained and approved by the Town of Vail prior to commencing any construction within public Right of Way. 5. A Town of Vail Revocable ROW permit shall be recorded for all private property improvements located within public ways. 6. Prior to approval of a Building permit all necessary permanent and temporary easements are recorded with Eagle County. 7. Prior to approval of a Building permit a shoring and excavation plan shall be submitted including; excavation phasing, engineered shoring plans with plan, profile and cross sections. Cross Sections and plans shall include all existing conflicts (i.e. utilities). 8. Any excavation shoring methods used that encroach upon adjacent public or private property shall have approval by the appropriate owner and have a recorded easement prior to construction. This includes CDOT and the Town of Vail Right of Ways. 9. A CDPHE Permit and all applicable ACOE permits (i.e. Dewatering) shall be submitted prior to construction. 10. If temporary and/or permanent dewatering is anticipated during construction, a dewatering soils analysis will be required by a qualified licensed engineer analyzing the impact to adjacent properties(i.e. settlement) 11. Provide full civil construction drawings meeting Town of Vail standards prior to building permit submittal. PYLMAN 6z ASSOCIATES August 13, 2007 Mr. George Ruther Director of Community Development Town Of Vail 75 S. Frontage Road Vail, CO 81657 Re: Cornerstone Condominiums Dear George, Under cover of this letter please find the required application materials and documentation for an application for an amendment to Special Development District # 4, Cascade Village. The purpose of this amendment to the Cascade Village SDD is to approve a revised development plan for the Cornerstone site. Specifically, attached is the following: • 4 copies of an application narrative • 4 sets of architectural plans and a stamped survey • a completed application form and fees in the amount of $6000.00 • a copy of the title report • self addressed stamped envelopes and a corresponding list of adjacent property owners. Please call if there is any additional information you need to accept this application as complete. A complete sun/shade analysis and a massing model will be available for review within the next two weeks. On behalf of GPSL Architects and the Cornerstone property owners and management team I look forward to working with you on this project. Sincerely,., Richard Pylman, AICP Copy: Jim Pavisha, Destination Hotels & Resorts Sid Schultz, GPSL Architects Office: 137 Main Street, Suite C-107W Edwards, Colorado 81632 Mail: P.O. Box 2338, Edwards, Colorado 81632 Phone: (970) 926-6065 Fax: (970) 926-6064 Email: rick@pylman.com 0 CORNERSTONE CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE Attachment C CORNERSTONE CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE Owner/Applicant L-O Westhaven, Inc. Architect Gwathmey Pratt Schultz Lindall Architects, P.C. Civil En ineer Alpine Engineering, Inc. Landscape Architect Dennis Anderson Associates, Inc. Land Planning Pylman & Associates, Inc. TABLE OF CONTENTS 1.0 Introduction 1 1.1 Purpose of Report 1 2.0 Cascade Village SDD #4 1 2.1 Cascade Village History 1 2.2 Cornerstone Site History 2 3.0 Proposed Plan 4 3.1 Project Description 4 3.2 Development Statistics 5 3.3 Utilities 7 3.4 Parking Needs Assessment 7 3.5 Housing g 3.6 Rental Opportunities g 3.7 Other Site Issues g 4.0 Special Development District Review Criteria 10 5.0 Key Features and Findings 15 5.1 Key Features 15 Appendix Vicinity Map Cornerstone Building Matrix 1.0 INTRODUCTION 1.1 Purpose of Report The purpose of this report is to provide information relative to an application for an amendment to Area A of Town of Vail Special Development District # 4, Cascade Village. The application requests development plan approval for development of the Cornerstone Condominiums site located within the Cascade Village Special Development District. Submittal requirements for a formal Amendment to an SDD are set forth in the Town of Vail development regulations. This application complies with all of the submittal requirements as outlined in the Town of Vail SDD Application Form packet. 2.0 CASCADE VILLAGE SDD #4 2.1 Cascade Village History Cascade Village was approved by the Town of Vail as Special Development District # 4 in 1976. The overall SDD consists of 97.955 acres and includes four different components identified by areas. Area A, known as Cascade Village, includes the Cascade Hotel and conference facility, the Colorado Mountain College building, the Aria Athletic Club and Spa and a parking garage to serve all the above listed uses. The Liftside and Millrace residential complexes, two single family/primary secondary homes and the Westhaven Condominiums site are also within Area A. The Cornerstone parcel is located within Area A, on the south side of Westhaven Drive immediately adjacent to the Cascade Hotel, the Cascade Village chairlift and the Liftside Condominiums. Area B consists of the 65 unit Coldstream Condominium complex Area C consists of the Glen Lyon neighborhood, which is approved for 104 units in a single family/primary secondary lot configuration. Area D is the Glen Lyon Office Building located along the South Frontage Road on the east edge of the Cascade Village SDD. Over the course of years following the 1976 approval of the Cascade Village SDD many of the areas and individual sites have been developed. The Coldstream Condominiums are completed, there is an office building located on Area D and single family and primary/secondary homes have been built in the Glen Lyon Subdivision. The Cascade Village area, Area A of the SDD, is almost completely built out, with the Cornerstone site representing the last remaining undeveloped parcel. 2.2 Cornerstone Site History The Cornerstone site is a tightly defined building envelope located south of Westhaven Drive in between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference facility. The total site area is 0.6977 acres in size. The site slopes down steeply from Westhaven Drive to the Cascade Hotel Terrace Wing and chairlift level. The grade at the high point of the Westhaven Drive cul- de-sac is 8074 feet and the lowest grade at the chairlift plaza is 8047 feet for an overall grade change of 27 feet across the site. The Cascade Village chairlift is immediately adjacent to the site. The current public access to the lift is via a narrow wooden stairway that traverses the Cornerstone site and negotiates the grade transition from street to chairlift. A public pedestrian easement allows for this access across the site. A small skier facility building provides ticket office and public restroom space. The chairlift plaza level of the Cascade Hotel Terrace Wing includes a ski rental shop and a small amount of retail space to serve chairlift patrons. In 1992 the Vail Planning and Environmental Commission (PEC) recommended development plan approval for the Waterford (Liftside) and Cornerstone buildings. The PEC approval was forwarded to Town Council and the Town Council approved the development plan in early 1993. Construction commenced on the Waterford (Liftside) building in the spring of 1993 while the Cornerstone parcel has remained undeveloped. At some point in the construction and marketing phase the Waterford building was re-named as the Liftside Condominiums. The Liftside Condominiums building consists of twenty-seven (27) wholly owned condominium units with approximately 47,000 square feet of GRFA and two (2) EHU's totaling 1100 square feet. The development plan approval for the Cornerstone site included 64 Transient Residential Units of 28,110 square feet of GRFA, three employee units totaling 1800 square feet of GRFA and 11,100 square feet of retail/commercial space for a total building size of 41,010 square feet. The building also was to include 56 on site parking spaces for the residential component and 37 public spaces for the retail component. A Transient Residential Unit (TR) was a crossover condominium/hotel product specifically created for Cascade Village. The intention was to allow a hotel room type of product that could be condominiumized. A TR unit was essentially a slightly enlarged hotel room that included a small kitchen facility. The definition 2 of a Transient Residential Unit limits the room size to a maximum of 645 square feet and allows a kitchen area not to exceed 35 square feet. The kitchen area was required to be designed in such a manner that the kitchen could be locked off in a closet. The kitchen area was apparently only to be used by the unit owner. The 1992 plans for the approved Cornerstone building indicate a six-story building with an additional below grade parking level. While the plans indicated six stories of building from the plaza side (south elevation) the Westhaven Street side (north elevation) appears as a four-story structure due to the grade change of the site. The lowest level of the building was designed below the existing plaza level and contained parking. The plaza level consisted of retail space and the next level up included parking and three 600 square foot employee housing units. The Westhaven street level consisted of additional parking and retail space with three floors of units above. The Cornerstone building ridge in front of the Liftside building was designed to an elevation of 71 feet above the plaza level. In order to allow the different parking levels appropriate access and to provide a physical separation of the public/retail parking from the residential parking there were two points of vehicular access into the building. A skier passage and staircase allowed pedestrian access from the street to the chairlift. The real estate market never embraced the Transient Residential Unit concept or the retail space and the Cornerstone site did not move into the construction phase in conjunction with the Liftside Building. 3.0 PROPOSED PLAN 3.1 Project description The current Cornerstone proposal reflects the evolution of Cascade Village as a hotel and short-term/second home residential neighborhood with a limited amount of support commercial uses. The demand for additional commercial space and hotel style accommodations as anticipated by the original Cornerstone approval has failed to gain market support. The current condition of the Cornerstone site, particularly the skier access staircase and the skier services facilities, is not in keeping with the level of quality that the Cascade community and guests have come to expect. This proposal will fill in sidewalk links that are currently incomplete, will provide for an improved skier courtyard, create an improved lift ticket sales plaza, public bathroom areas and public spaces and significantly improve skier access to the Cascade Village chairlift. The skier portal will include a covered, heated staircase and a dedicated elevator to provide access from the street level to the chairlift level. The building proposal includes twenty-three (23) free market condominium units and four (4) deed restricted Employee Housing Units. Other than the lift ticket sales windows at the chairlift level plaza there is no commercial or retail component to the building. All parking will be located in a two level enclosed parking garage beneath the building. The residential portion of the building is designed as two distinct building elements separated by the open skier access corridor. Vehicular access to the garage will enter the building at the western edge of the property. Entering the building at this lower elevation along Westhaven Drive allows access to two full levels of parking beneath the residential portion of the building. An internal ramp at the west end of the garage circulates vehicles down one level below the existing plaza/chairlift level. This lowest level of the building will include parking and mechanical equipment. The next level up, the plaza level of the building includes parking, owner ski locker areas, and the skier services facilities dedicated to the chairlift operations. The skier services facility includes a three-window ticket sales area, administrative office space for lift ticket operations and public restrooms. A snowmelt equipped exterior staircase and a dedicated elevator will provide skier access to this level from Westhaven Drive. The east wing of the building consists of eight residences on four levels above the parking garage. Each of the first three levels includes two 1995 square foot units. The fourth floor of residences includes two 3384 square foot units that include loft space within the roof area. The roof ridge of this section of the building, which lies in front of a portion of the Liftside building, has been designed to an elevation of just under 8119 feet, which is slightly below 71 feet above the plaza 4 level grade. This proposed building height is slightly lower than the Cornerstone design that was initially approved in 1993, at the same time the Liftside building was approved for development. The west wing of the building steps between four and five stories above the parking garage. The ground level includes the parking ramp, trash facilities , four Employee Housing Units (EHU's) and one free market unit. The next three floors each consist of four units of approximately 1995 square feet per unit. The fifth floor includes 3,112 square feet of loft area for two of the fourth floor units. The western portion of the building remains at four levels above the garage. The maximum height of the west wing of the building is 82 feet at the highest point. This high point is measured from the plaza level to the ridge of the required fire stair tower. The steep slope of the site and the south side location of the stair tower combine to create this height situation. Approximately half of the roof ridge of this portion of the building falls below 71 feet. Vertical circulation from the parking levels to the residences above is provided by three elevator/stair tower systems. Building materials consist of stone and stucco with a metal roof system. The design provides an upgraded yet complementary material palette to the existing architecture of Cascade Village. 3.2 Development Statistics The following information outlines the development statistics specific to the Cornerstone Condominiums site as proposed and, as appropriate, compares those to the development statistics for Area A of the Cascade Village SDD as outlined in Town of Vail Ordinance #11 of 1999. This ordinance has expired and the development standards outlined in that ordinance do not specifically regulate the Cornerstone Condominiums site. Permitted Uses: Multi-Family dwellings Area A of the Cascade Village SDD, as a mixed use commercial, lodging, recreation and residential area includes a lengthy list of permitted uses. Multi- Family dwellings are included within this list. Conditional Uses: None Other than Fractional Fee ownership, none of the uses listed as Conditional Uses in Area A are applicable to the Cornerstone Condominiums site. Fractional Fee ownership is not contemplated for the site. Accessory Home occupations, subject to issuance of a home occupation permit in Accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. The above listed accessory uses are common to many of the SDD's and standard Town of Vail residential zone districts. Density: Units Twenty-three dwelling units and four Employee Housing Units (EHU's) The original approval of the Cornerstone site included 64 Transient Residential units. The SDD language includes a 2:1 conversion factor from TR's to dwelling units. This would translate to 32 dwelling units previously approved for the Cornerstone site. Density - GRFA The Gross Residential Floor Area shall not exceed 52,500, square feet. The GRFA for the buildings has been calculated in accordance with Section 13B of Ordinance 14, Series of 2004. The original GRFA approved for Area A of the Cascade Village SDD appears to be 289,145 square feet and the existing build out information states that the existing GRFA in Area A is currently 272,680 square feet. This results in less GRFA available than the 1993 approval contemplated. Cascade Village was originally approved for 35,698 square feet of commercial space, including 11,100 square feet in the Cornerstone building. As Cascade Village has developed and matured it has become apparent that this vision of Cascade Village as a commercial hub will not be viable. Businesses within Cascade Village have struggled to remain successful and some commercial spaces have been converted into residential uses. There are currently plans to convert additional portions of the CMC space and the theatre area to residential use. GRFA and commercial square footage area issues within Cascade Village will require some discussion with the Town of Vail. Setbacks The building setbacks shall be as proposed on the development plan. The Cornerstone property lines appear to be designed as a development footprint area. 6 The proposed building lies completely within this envelope. In general, the setbacks are designed to meet building code clearance requirements. Height: Maximum height of the building will be in accordance with the final architectural plans. Previous development statistics for Area A of the Cascade Village SDD specified a 71-foot maximum height limit for the Cornerstone site. The east section of the building maintains this same height design as the original approval. The west portion of the building has been designed with a variable ridgeline that generally falls below 71 feet in height. A portion of this section of the building measures up to 82 feet in height. Site Coverage: The site coverage of the building footprint equals 66% of the site. Landscaping The proposed plan currently proposes 34% percent of the site in landscaping and paved pedestrian walkways. Parking and Loading: 56 fully enclosed parking spaces One hundred percent of the required parking for the proposed development plan is located within an enclosed parking garage. 3.3 Utilities Water and sanitary sewer mains are located within Westhaven Drive. A sewer line also runs along the lower level of the Terrace wing of the Cascade Hotel. Gas, electric, cable television and telephone services are all available at the site. 3.4 Parking Needs Assessment Parking demand for this project has been calculated in accordance with Parking Schedule B of Chapter 10, Off Street Parking and Loading, of the Town of Vail Zoning Code: 7 Residential units between 500-2,000 sq spaces per unit Residential units greater than 2,000 sq. spaces per unit ft. of GRFA require 2 parking ft. of GRFA require 2.5 parking 19 units at 500-2,000 sq. ft. GRFA = 38 required parking spaces 4 units greater that 2,000 sq. ft. GRFA = 10 required parking spaces 4 2br. EHU's (less than 2000 sq.. ft) = 8 required parking spaces Total 56 required parking spaces Parking Summary 56 spaces provided on site 56 spaces required per Town of Vail Zoning Code Loading Summary 1 loading berth shared with Cascade Conference Center 1 loading berth required per Town of Vail Zoning Code 3.5 Housing The 1995 ordinance detailing the approved Cornerstone plans required three Employee Housing Units to total 1800 square feet in area in the approved design plans. In this proposed plan the design includes 4 two-bedroom units of approximately 1000 square feet each. The applicant believes that this proposed unit design is more in keeping with current Town of Vail housing goals than the smaller dormitory style units that have been discussed in the past. The two bedroom unit designs should be very attractive to long-term local residents and the location provides an extremely rare opportunity to provide ski-in ski-out employee housing. The current Town of Vail housing code requires a 10% inclusionary requirement based on the proposed GRFA. The proposed GRFA totals 52,021 square feet. Ten percent of 52,021 equates to an EHU requirement of 5,202 square feet. The proposed on-site housing measures to 3,972 square feet. The remaining 1,230 square feet is proposed as a pay-in-lieu amount. At the 2007 Town of Vail pay- in-lieu rate this will result in a payment of $291,079. 3.6 Rental Opportunities The Vail Cascade Resort & Spa has a total of 292 rooms. In 2006 the Vail Cascade Resort & Spa averaged an annual occupancy rate of 61.9%. The hotel 8 only sold out (defined as 98% occupancy) 29 out of 365 nights in 2006. There is no economically justifiable demand to build additional hotel rooms in Cascade Village at this time. Vail Cascade Condominiums, an operating division of Vail Cascade Resort & Spa, provides property management services to all of the condominium associations in the immediate neighborhood. Of the 160 condominium units under management in the Cascade Village neighborhood there are 85 units actively engaged in the short-term rental program. This equates to just over 50% of the ur.;s in these managed properties. The short-term rental occupancy of these units, exclusive of owner use, averaged 28% and provided 6,723 room nights in 2006. The premium rental rate of these units combined with the 29% occupancy rate provides a significant economic benefit to the community. The condominium guest amenity package is equal to the hotel guest package. The amenity package includes access to the Aria Spa and Athletic Club, use of the resort shuttle to Lionshead, Vail Village and the grocery stores, an on-call shuttle service that connects the condominiums with the hotel, ski and boot storage at the lift, daily housekeeping, room service and use of the hotel pool, hot tubs and library. The amenities and economic return make the short-term rental pool an attractive option for condominium owners. In the Liftside building immediately adjacent to the Cornerstone site 10 of the 27 units are enrolled in the short-term rental pool. The Cornerstone building will also be managed by the Vail Cascade Condominiums and Cornerstone owners will be encouraged to participate in the short-term rental program. With the prime lift side location and immediate proximity to the hotel these residences will be very attractive for short-term rental. 3.7 Other site issues The development of the Cornerstone site presents an opportunity to redesign and remodel the current Westhaven Drive entry and skier drop off area. This area is currently laid out in a confusing split lane boulevard design with very little formal landscaping. There is poor organization to the bus stop and skier drop off area. The applicant is interested in working with the town to create a new entry design for this area. 9 4.0 SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA Title 12, Chapter 9 of the Town of Vail Municipal Code provides for the establishment of Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The Municipal Code provides nine design criteria, which shall be used as the principal Criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The applicant has addressed each of the nine SDD review criteria below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant response: The proposed building architecture respects the previous height design for the portion of the building that falls within the view plane of the Liftside building. This will ensure that the view impacts to Liftside are consistent with the expectations created by the initial simultaneous approval of the Cornerstone and Liftside buildings. The open air skier passage to the elevator/staircase allows for an open view to the mountain from the Westhaven Drive entry into Cascade Village and provides a dramatic and functional skier access to the chairlift. The three and four story building elements, as viewed from Westhaven Drive, are consistent with the urban village design of Cascade Village. The lower level skier plaza will be 10 finished in a high quality manner with a heated snowmelt system and a formal landscape planting and paver design. The architectural design utilizes similar exterior materials and expresses a scale that is compatible with the adjacent buildings. All required parking is located within an enclosed heated garage. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant response: The proposed use of twenty-three residential dwelling units is compatible with the surrounding uses. Area A of Cascade Village contains residential, lodging, athletic club and spa, and restaurant uses. The adjacent Liftside building includes twenty-seven wholly owned units. The residential and hotel uses are compatible and the building design and density fits well with the compact village concept of the area. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town of Vail Municipal Code. Applicant response: The parking requirement for the project is 56 parking spaces. The proposed development plan incorporates all 56 spaces within an enclosed heated garage. As a strictly residential building the need for loading facilities is only on an occasional basis. The adjacent Cascade Hotel conference center has a streetside loading dock immediately adjacent to the building that will be shared by the Cornerstone building as necessary. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Applicant response: The goals contained in the Vail Land Use Plan are to be used as the town policy guidelines during the review process of establishing or amending Special Development Districts. The following policies are relevant to the review of this proposal: General Growth/Development 11 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. The proposed development plan is in compliance with these applicable elements of The Vail Land Use Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Applicant response: There are no natural and/or geologic hazards, including the Gore Creek floodplain, that affect the property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant response: The building design provides a fully functional residential site plan with good street access, parking that is visually screened from view and a much improved 12 public chairlift access experience. The design complements the urban nature of the site. There is very little open space associated with this site and there are no sensitive natural features or vegetation issues. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Applicant response: The proposed plan addresses vehicular and pedestrian circulation, parking and loading in a positive manner. Vehicles will enter the parking garage at the lowest point of the road frontage along Westhaven Drive. Two levels of parking with 56 spaces are available to the building. All parking is covered and visually screened from public view. Loading will be accommodated at the existing streetside loading zone used by the adjacent conference facility. A sidewalk running the length of the property along Westhaven Drive will connect the parking garage, and other residential properties from the west directly to the heated skier access to the chairlift. This access will accommodate stair and elevator circulation from street level to the chairlift plaza. This sidewalk will also extend to the east and connect Liftside and the public bus stop to the skier access. The entire south side of the building, at the chairlift level, is designed as a landscaped and snowmelt system equipped pedestrian plaza that links the hotel and conference center to the chairlift and skier services facilities H. Functional and esthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Applicant response: This site has been heavily disturbed by previous construction of the roadway, the surrounding buildings and the chairlift. There are no natural features of this site that are important to preserve. There are however important recreation and pedestrian functions of this site that are improved and enhanced by this proposed building and the associated landscape and site improvement plan. The proposed landscape plan is in full compliance with the intent of this specific review standard. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant response: 13 The project will be constructed in a single phase. A construction management and staging plan will be submitted for review prior to any request for a building permit. 14 5.0 KEY FEATURES 5.1 Key Features This proposed amendment to the Cascade Village Special Development District features: The proposed Cornerstone building will eliminate the existing wooden skier access staircase and replace this staircase with a heated skier plaza at the street level that leads to a heated covered staircase and a dedicated skier elevator. The skier plaza at the chairlift level is also paved and heated. • A much improved skier services facility including lift ticket sales windows, administration space and public bathrooms. • A development plan that consists of uses and densities that fit well within the confines of a small and constrained development site. • An architectural design and scale that fits well within the context of the existing neighborhood. • A redesign and expansion of the previous employee-housing requirement in a manner that allows for the creation of larger housing units that are in line with current Town of Vail housing goals. These two bedroom units are suitable for long-term ownership and occupancy and are a significant upgrade from the previously contemplated dormitory style unit. 15 Q 9 n T 0 0 v O N O a a w N V a~ O vw U) L L O V LL- Q J r= Cf! a a D` ❑ 1 f1. =Y~ b !n ~ CJ L c7j ch ~ r_, ry ■ L d W V C O U) ea O C. C. ev E Q U) L_ C, O o~ CL , 0E: o' U d w = d Cw E o . N C. t w C) 0 O U c O ' a~ W 1 N 0 C1 ro a II`' h M ~ O b to O ` ~ M 10 O00 to (M m m N 0 CO IV 0 Q 0 0) N m N 00 ~ 00 00 to i 1 0 1 = = 11 0 (n ~ M ~ e co N N h U Q e k; t , m m cc ~ O to O M O 01 O h C. h p Q C N O j O f w O i G O l m X n ~ v ^ M V: I ~ M lti Le i y Qua ~L - 10 , r m CO V' ro n M O o 00 O p N 0 n Q N e- 1D h T O O ' Al h,. t it o V ~ 3 ~ °7 t W W m ~ m e ~ W m H R W y t h y y L L U- u 14 y ~ cr, CO G o W L a L y o rn rn ct c p Q. h M h 4n W h ) M ' v o Z ' r y g r e 3 ~O W O 3 J O m O y a i L a R V O ~ d O 0 0 0 7> j y ~ O O O w. O ~ ,N J W 1 m ` ~ O ` V 00 ~ O ~ m V1 a J W R . i r J W O m J W J ' N to y m ~ ' 3 3 G ~ y L 3 m l m cai ti v ~ . y o o m o y O J O J G m m J » V L O G y N ~ O ~ h . C9 y O 7 ! ! 0 ~ 3 y _ m m m m J J L Q Q J O V m Q O O J y 4 m Y Q , [ Y ` b > m J J J J J J J J O G O m Q J G O v V G m s i Q Q Q Q i G E~ G S a G ~ J A 1 O - OQ - JF- U QO o ti O P O R R 2 o o N t p CL q O O J J J J Q 0 1 Q Q Q Q n r ~ ~r r e pqq Land Title Guarantee Company CUSTOMER DISTRIBUTION Land Title CUAFANTEE COMPANY Date: 02-24-2006 Our Order Number: VC50013538-2 Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance: Vail Title Dept. Roger Avila 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 EMail: ravila@ltgc.com PYLMAN & ASSOCIATES PO BOX 2338 (137 MAIN ST., STE. C107W) EDWARDS, CO 81632 Attn: RICK PYIAIAN Phone: 970-926-6065 Fax: 970-926-6064 EMail: rick@pyhnan.cocn Linked Commitment Delivery Land Title Guarantee Company rde Date: 02-24-2006 Our Order Number: VC50013538-2 WARAN I EE COMPANY Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE Buyer/Borrower: L-O WESTHAVEN, INC., A COLORADO CORPORATION Seller/Owner: L-0 WESTHAVEN, INC., A COLORADO CORPORATION Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com airections to anv Or our 34 OIIlce locations. ESTIMATE OF TITLE FEES Information Binder $150.00 if Land title Guarantee Company will be closing thia transaction, above fees rill be collected at that times. TOTAL $150.00 F, CO RAM THANK YOU FOR YOUR ORDER! LAND TITLE GUARANTEE COMPANY rde INVOICE (:UAKANTU COMVANY Owner: L-0 WESTHAVEN, INC., A COLORADO CORPORATION Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE Your Reference No.: When referring to this order, please reference our Order No. VC50013538-2 -CHARGES- Information Binder $150.00 --Total- $150.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC50013538-2 Schedule A Cust. Ref.: Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE 1. Effective Date: February 06, 2006 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: L-0 WESTHAVEN, INC., A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: L-0 WESTHAVEN, INC., A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: CORNERSTONE LIFI'SIDEICORNERSTONE ACCORDING TO THE FINAL PLAT RECORDED NOVEMBER 30 1994 IN BOOK 656 AT PAGE 197. COUNTY OF EAGLE. STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VC50013538-2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC50013538-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any.. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JULY 17, 1981, IN BOOK 326 AT PAGE 255. 12. DECLARATION AND GRANT OF EASEMENT AS SET FORTH IN DOCUMENT RECORDED AUGUST 6, 1985 IN BOOK 421 AT PAGE 651. 13. TERMS, CONDITIONS AND PROVISIONS OF ORDER AND DECREE CREATING THE CASCADE VILLAGE METROPOLITAN DISTRICT RECORDED APRIL 07, 1986 IN BOOK 439 AT PAGE 349 AND ORDER OF INCLUSION RECORDED APRIL 17, 1978 IN BOOK 461 AT PAGE 122 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC50013538-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. TERMS, CONDITIONS AND PROVISIONS OF FINDINGS, JUDGMENT AND DECREE RECORDED JULY 14, 1986 IN BOOK 445 AT PAGE 156. 15. PEDESTRIAN ACCESS EASEMENT AFFECTING A PORTION OF BUILDING C SITE RECORDED JUNE 23, 1987 IN BOOK 464 AT PAGE 940. 16. TERMS, CONDITIONS AND PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 23, 1987 IN BOOK 464 AT PAGE 898. 17. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED MARCH 02, 1988 IN BOOK 479 AT PAGE 741 AND RECORDED JANUARY 27, 1989 IN BOOK 499 AT PAGE 354 18. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MARCH 24, 1988, IN BOOK 481 AT PAGE 107. 19. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF PUBLIC ACCESS EASEMENT FOR PEDESTRIANS AND ROADWAY RECORDED NOVEMBER 30, 1994 IN BOOK 656 AT PAGE 196. 20. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS RECORDED DECEMBER 08, 1994 IN BOOK 656 AT PAGE 846 AND FIRST AMENDMENT RECORDED SEPTEMBER 19, 2005 AT RECEPTION NO. 929901. 21. EASEMENTS CONDITIONS COVENANTS RESTRICTIONS RESERVATIONS AND NOTES ON THE FINAL PLAT OF LIFTSIDEICORNERSTONE RECORDED NOVEMBER 30 1994 IN BOOK 656 AT PAGE 197. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISCLDS E 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. a believe that making you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your hansactions with, or from the services being performed by, us, our affiliates, or others; # From our Internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to agents, brokers or representatives to provide you with services you have requested; # to thud-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest- In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. Fonn PM.P(X.CHI QUIT CLAIM DEED ~j(l THIS DEED, Made this ENTERPRISES, LTD. A COLORADO d e 4 b e M , LIMITED PARTNERSHIP of the Eagle and State of Colorado, grantor of County and T , OWN OF VAIL, A COLORADO MUNICIPAL CORPORATION h w ose legal address is 75 South Frontage Road, Vail, Colorado 81657 of th e County of Eagle and State Of Colorado, grantee: - WITNESSETH, That the grantor for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD ' Cn U1 m w ac c y w AND VALUABLE CONSIDERATION the receipt and sufficiency of which is hereb k cao y ac nowledged, has remised, released, sold, conveyed and QUIT CLAIMED present d d , an s by these oes remise, release, sell con , vey and QUIT CLAIM unto the grantee, his heirs, successors and assigns, forever the right title all i Noo , , , nterest, claim and demand which the grantor has in and to the real property togeth i -9-3 , er w th improvements, if any situate, lying and being in the County of Eagle and St Colorado des ib 10 cr ate of ed as follows: 0C C M ac WESTHAVEN DRIVE AS IT PRESENTLY IS LOCATED AND EXISTS. AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MAD o E A PART HEREOF. nI` o n- C \ as known by street and number as: (vacant land) 5 TO HAVE AND TO HOLD the same, together with all and singular the a ppurtenances and privile e th ID g s ereunto belonging or in anywise thereunto appertaining and all , the estate, right, title, interest and claim whatsoever of th , law or e e grantor, either in quity, to the only proper use, benefit and behoof of th grantee his heir , e s and assigns forever. The singular number shall include the plural, the plural h 0 t of an e singular, and the use any gender shall be applicable to all genders o a , IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. o MECM ENTERPRISES, LTD A COLORADO LIMITED PARTNERSHIP C [I' C] C O by: Eustaqu or a C C, State of Colorado ) ss. C County of Eagle ) 'I , H The foregoing instrument was acknowledged before me this day of December, 1994, by by: Eustaquio Cortina 19th ,as general partner of MECM Enterprises, Ltd., Colorado Limited Partnership, a Col My commission expires official seal. May 14 , 19 97 , Witness my hand and NOTA, Notar My Commission Expires 5-14-97 Stewart Tale of Eagle County, Inc. - 94011071 y JP~.. n4`• 6J o~ TR:,',T < '9`eG SEE 122'D2-0~) 99 .0~5 ♦>~Ri,rEN IE 1p0 pr • ♦ 1 _~C4DE _ CREEn • ooz \N X;\~ 4'b I `0 11 PEE ~ 1 1 IIX OCS 39 --GLEN E' lQAX cu/ SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST, 6TH P.M. 7 30 7 Jd d06: b0 66/7.7./7T ROR-d L99-H OP8E99 515699 B-619 P-629 09/16/93 01:51P PG 1 OF 2 Sara J. Fisher Eagle County Clerk & Recorder I QUIT CLAIM DEED THIS DEED, Made this 29th day of July 19 93 betweetlAIL VENTURES LTD., a Colorado llimited partnership of the `County ofEagle and State of Colorado, grantor(s), and TOWN OF VAIL, a Colorado municipal corporation whose legal addrg is South Frontage Road, Vail, CO 816 of the County of Eagle and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and inconsideration of the sum Zen Dollars and other Dod and valuable consideration-------------------------------DOLLARS the receipt and sufficiency of which is hereby acknowledged, has mmisod, released, gold and QUIT CLAIMED, and by these presents does remise, release, sell and QUIT CLAIM unto the grantec(s), it s heirit, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) his in and to the real property, together with improvements, if any, situate, lying and being in the County of Eagle and State of Colorado, described as follows: As set forth on Exhibit A attached hereto and made a part hereof, subject to all easements and encroachments affecting said real property, specifically including, but not limited to any easements described in the Condominium Declaration for Cascade Club Condominiums and The Condominium Map for Cascade Club Condominiums recorded June 23, 1987 in Book 464 Page 886 and Book 464 Page 887, respectively, in the office of the Eagle County, Colorado Clerk and Recorder. also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s),i t s SUC "Rssigns forever. I IN WITNESS WHEREOF, The grantor(s) ha S executed this deed on the date set forth above. VAIL VENTURES LTD., a Colorado Limited Partnership BY: CON AM VAT ATnyTRnRS, TNC a California Corporation, PA rt- r l~G B I, STATE OF eoEeRatnff C4 F&AM 1 ss. County of,/) r v i f- 1 The foregoigg ir)strumcnt was acknowledged before fns this 29th day of July Nfis r „I /l1 i> 1i~ ~f-I as r 1-`. 1 Advisors, Inc., a California corporation, General it Ventures Ltd., a Colorado limited partnership. My commission expires '19 .Witness my hand and official seal. OFFICIAL UHN AW 20, CALIFORNIA] OUNTY Ii4s *If in Denver, Insert "City and." ,1993 , of ConAm Partner of Naa y Nbl No. 933. Rev, 491. QUrr CLAIM DEED Bradford Poblishmg, 1743 Waace St., Dcnver, CO 80202 - (303) 292-2500 - 2-92 REC DOC 10.00 EXHIBIT A WESTHAVEN DRIVE That a part of the SW 1/4 NE 1/4, Section 12, Township 5 South, Range 81 West of the Sixth Principal Meridian, said Property being 50 feet in width, lying 25 feet on each side of the following described centerline: Beginning at a point on the southerly right-of-way line of Interstate Highway No. 70, whence an iron pin with plastic cap marking the center of said Section 12 bears S 32°16'03" W 1386.00 feet distant; thence S 37°16'19" E 173.91 feet; thence S 52°43'41" W 194.55 feet; thence 78.18 feet along the arc of a curve to the right having a radius of 1096.72 feet, a central angle of 4°05'04", and a chord which bears S 54°46'13" W 78.17 feet; thence S 56°48'45" W 410.57 feet; thence 200.83 feet along the arc of a curve to the left having a radius of 118.20 " '1 ° W 177.53 8 08 feet, a central angle of 97°20'55", and a chord which bears S 8 feet; thence S 40°32'10" E 3.00 feet; thence 87.77 feet along the arc of a curve " , and a to the right having a radius of 102.21 feet, a central angle of 49°12'10 chord which bears S 15°56'05" E 85.10 feet; thence S 8°40'00" W 108.62 feet to the point of terminus, which is also the northerly terminus of the centerline of Westhaven Drive as shown on the Amended Plat - Glen Lyon Subdivision, as recorded in Book 272 at Page 370, of the records of the Eagle County, Colorado, Clerk and Recorder, whence said center of said Section 12 bears S 43°45'14" W 385.80 feet distant. n~ AND That part of the SW 1/4 NE 1/4, Section 12, Township 5 South, Range 81 West of the Sixth Principal Meridian, Town of Vail, Eagle County, Colorado described as follows: Beginning at a point on the southerly right-of-way line of Interstate Highway No. 70 whence an iron pin with a plastic cap marking the center of said Section 12 bears S 32°37'29"W 1,409.43 feet, said point also being the most northerly corner of a non-exclusive easement for ingress and egress, known as Westhaven Drive recorded in Book 421 at Page 651 in the office of the Eagle County, Colorado, Clerk and Recorder; thence departing said southerly right-of-way line S37°16'19"E 198.86 feet along the right-of-way line of said Westhaven Drive; thence continuing along said Westhaven Drive right-of-way S 52°43'41"W 46.82 feet; thence departing said Westhaven right-of-way 132.24 feet along the arc of a non-tangent curve to the left having a radius of 55.00 feet, a central angle of 137°45'30" and a chord that bears N 42°11'46"E 102.61 feet; thence N 52°50'29"E 10.14 feet; thence 69.48 feet along the arc of a non-tangent curve to the left, having a radius of 65.00 feet, a central angle of 61°14'42" and a chord that bears N 58°55`53"W 66.22 feet; N 37° 09'31"W 118.50 feet to said southerly right-of-way line of Interstate Highway No. 70; thence along said southerly right-of-way line S 52° 50'29"W 40.00 feet to the point of beginning containing 0.2530 acres more or less. 515699 B-619 P-629 09/16/93 01:51P PG 2 OF 2 . WILLIAM C. & CINDY ELLIOTT LA NECEDAD LLC SIMON EXEMPT CORP 3323 DILLARD RD C/O JIM DOURAS C/O GARFIELD & HECHT,PC BLAIRSVILLE, GA 30512 PO BOX 1266 PO BOX 5450 EDWARDS, CO 81632 AVON, CO 81620 LIFTSIDE INVESTMENTS LLC 5930-E ROYAL LN PMB 117 DALLAS, TX 75230 KOTYAINC C/O LATHAM & WATKINS ATTN: D.P. BAKER 633 W 5TH ST STE 4000 LOS ANGELES, CA 90071-2007 GUAMO CORP BOSQUES DE ARAUCARIAS II COL BOSQUE DE LAS LOMAS DF 11700 MEXICO DONALD & MARLA GUIDRY 503 RICHLAND AVE LAFAYETTE, LA 70508 TORQUIL INVESTMENT TRADING 45 E 53RD ST NEW YORK,NEW YORK 11022 THAD D. & SUZANNE R. KING 2763 RAMSGATE ATLANTA, GA 30305 LIFTSIDE A-61 LLC C/O NORTH STAR ADVISORS LLC 1000 WINTER ST BOX 203 WALTHAM, MA 02451 THOMAS B. NEFF 190 GLENWOOD AVE ATHERTON, CA 94027-3114 VARON FAMILY LP 7400 FANNIN 1775 HOUSTON, TX 77054 LIFTSIDE B12 INC 1234 WESTHAVEN DR B-12 VAIL, CO 81657 EA HOLDINGS LLC PO BOX 3149 AVON, CO 81620 COOPER-HARRIS FAMILY TRUST C/O DYNA LLC 10 VIA DE LA VALLE STE 200 DEL MAR, CA 92014 JASMINE INVEST C/O ADAMS-GALLINAR ATTN: MR. ROBERT ADAMS P.O. BOX 522614 MIAMI, FL 33152 EILEEN M. & JOHN J. HARDY 9 DERBYSHIRE WAY GREENVILLE, DE 19807-2575 LIFTSIDE C11 INC 1234 WESTHAVEN DR C-11 VAIL, CO 81657 LIFTSIDE C-51 CO LTD 1234 WESTHAVEN DR VAIL, CO 81657 RMR INVESTMENTS LLC 5930-E ROYAL LN PMB 117 DALLAS,TX 75230 RANDY F. DAVIS TRUSTEE 305 HOSPITAL DR STE 303 GLEN BURNIE, MD 21061 LIFTSIDE C-31 LLC C/O NORTH STAR ADVISORS LLC 1000 WINTER ST BOX 203 WALTHAM, MA 02451 EA HOLDINGS PO BOX 3149 AVON, CO 81620 LIFTSIDE CONDOMINIUM ASSOC DONALD F. DETAMPEL, JR ASM WILLOWS LLC 1234 WESTHAVEN DR 369 STEELE ST 200 SPRUCE ST VAIL, CO 81657 DENVER, CO 80206 SUITE 200 DENVER, CO 80230 THOMAS A. & JEAN MCDONNELL 4909 SUNSET DR KANSAS CITY, MO 64112 LIFTSIDE C-42 EXEMPT CORP 1234 WESTHAVEN DR C-42 VAIL, CO 81657 L-O VAIL HOLDING INC C/O DELOITTE & TOUCHE LLP 555 17TH ST STE 3600 DENVER, CO 80202 TOWN OF VAIL 75 SOUTH FRONTAGE RD VAIL, CO 81657 BLUME FAMILY PARTNERSHIP PO BOX 504 CHEYENNE, WY 82003 NANCY & JOHN HEINEN 2565 SOM CENTER HUNTING VALLEY, OH 44022 VAIL PARKING LLC CASCADE CLUB LTD 2990 BOOTH CREEK DR C/O DELOITTE & TOUCHE LLP CO 81657 VAIL 555 17TH ST STE 3600 , DENVER, CO 80202 ARIA CLUB AND SPA 1300 WESTHAVEN DRIVE VAIL, CO 81657 JULIANNA DEWS ALAN R & GLORIA HASSMAN 8 CREEKSIDE LANE PO BOX 362 CAMP HILL, PA VAIL, CO 81658 17011 JAMES A BELTZ REVOCABLE TRUST HUGH MCCULLOH J ANNE BELTZ REVOCABLE TRUST 375 SAINT PAUL ST 447 PEAVEY RD DENVER, CO 80206 WAYZATA, MN 55391 Nail. 23 May 2007 Town of Vail Community Development 75 South Frontage Rd. West Vail, CO 81657 Dear Community Development, L-O Westhaven, Inc/Destination Hotels and Resorts ("Developer") has requested that we prepare this letter regarding the redevelopment of the area at the base of Vail Resort's Cascade Lift, as discussed in Developer's Cornerstone Study for Modifications for SDD #4, Cascade Village, Vail, CO. We understand that the redevelopment will include the replacement of facilities supplied by Developer for the use of Vail Resorts, including restrooms, the Cascade Lift ticket office, and a lift operator's shelter. We further understand that Developer will furnish Vail with temporary facilities during the redevelopment, and that both the temporary and new permanent facilities will be the equivalent of our present facilities at the Cascade Lift. Based on these understandings, the Cornerstone Study, and Developer's current plans and drawings, and subject to successful negotiation and documentation of an agreement with Developer, we have no objection at this time to the Developer's proposal for redevelopment. Very Truly Yours, I rr. \ William A. Jensen President, Vail Resorts Mountain Division and Chief Operating Officer, Vail Mountain Vail Associates, Inc. Poet Office Box 7 • Vail, Colorado 81658 • 970-845-2500 • wwmva8.com X09/20/2007) Scot Hunn - Here is some language I gave to PEC on Solaris regarding housing Page 1 From: Warren Campbell -4)) To: Scot Hunn Date: 09/20/2007 11:42 AM Subject: Here is some language I gave to PEC on Solaris regarding housing Employee Housing Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal presented to the Planning and Environmental Commission on January 23, 2006, for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. In the time since the last major amendment to SDD No. 39, Crossroads, was approved, the Town Council has adopted Ordinances No. 7 and No. 8, Series of 2007, which have established an employee housing mitigation requirement for both commercial linkage and inclusionary zoning. The following is an analysis of how the currently proposed Solaris would be reviewed under the new regulations. However, the changes proposed in this major amendment to increase the number of dwelling units from 75 to 77 would not generate any additional employee housing requirement as the approved GRFA and commercial/retail floor area is not increasing. Existing Requirement for Solaris 22 Employees - mitigation negotiated as part of the DIA II. Net New GRFA for Solaris A. Residential Increase = Inclusionary Zoning Increase in GRFA from 25,385 sq. ft. to 198,859 sq. ft. = 173,474 sq. ft. increase Inclusionary Zoning requirement = 10 percent of net new residential sq. ft. 173,474 sq. ft. x 10 % = 17,347.4 sq. ft. required deed restricted employee housing B. Possible Methods of Mitigation for Inclusionary Zoning 1. On-Site Provide on-site deed restricted units of at least 17,347.4 sq. ft. 2. Off-Site Provide off-site deed restricted units of at least 17,347.4 sq. ft. 3. Fee-in-Lieu Provide a fee-in-lieu payment to the Town of Vail of 17,347.4 sq. ft. x $236.65 / sq. ft. _ $4,105,262.21 4. Dedicate land to the Town of Vail suitable to develop at least 17,347.4 sq. ft. of units. Requires Vail Town Council approval III. Net New Commercial Sq. Ft. for Solaris A. Commercial Increase = Commercial Linkage Commercial Linkage requirement = 20% of net new employees generated 1. Increase in Retail sq. ft. from 22,116 sq. ft. to 36,336 sq. ft. = 14,220 sq. ft. increase (09/20/2007) Scot Hunn - Here is some language I,gave to PEC on Solaris regarding housing Page 2 14,220 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation = 6.8 employees to be provided deed restricted employee housing Decrease in Office sq. ft. from 20,000 sq. ft. to zero sq. ft. = 20,000 sq. ft. decrease 20,000 sq. ft. / 1,000 x 3.2 employees (Business Office) x 20% mitigation = (12.8) employees - credit Increase in Eating/Drinking sq. ft. from 13,550 sq. ft. to 22,779 sq. ft. = 9,229 sq. ft. increase 9,229 sq. ft. / 1,000 x 6.75 employees (Eating/Drinking) x 20% mitigation = 12.4 employees to be provided deed restricted employee housing 4. Decrease in Bank sq. ft. from 2,750 sq. ft. to zero sq. ft. = 2,750 sq. ft. decrease 2,750 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation = (1.4) employees - credit 5. Decrease in Grocery sq. ft. from 6,240 sq. ft. to zero sq. ft. = 6,240 sq. ft. decrease 6,240 sq. ft. / 1,000 x 2.4 employees (Retail Store/Personal Service) x 20% mitigation =(2.9) employees - credit 6. Total 2.17 employees to be provided deed restricted employee housing B. Possible Methods of Mitigation for Commercial Linkage 1. On-Site Provide on-site at least a 438 sq. ft. studio unit and pay a fee-in-lieu for the remaining .92 employee requirement Provide on-site at least a 613 sq. ft. one-bedroom Unit and pay a fee-in-lieu for the remaining .42 employee requirement Provide on-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) Off-Site Provide off-site at least a 613 sq. ft. one-bedroom Unit and pay a fee-in-lieu for the remaining .42 employee requirement Provide off-site at least a 788 sq. ft. two-bedroom Unit (exceeds requirement) Fee-in-Lieu Provide a fee-in-lieu payment to the Town of Vail of 2.17 employees x $131,385 = $285,105.45 4. Dedicate land to the Town of Vail suitable to develop at least a 788 sq. ft. unit. Requires Vail Town Council approval According to the calculations above, the project, if reviewed under the current regulations as a new project, would be required to provide 17,347 sq. ft. of deed restricted employee housing per the options listed above and provide employee housing for 2.17 employees per the options listed above. In previously amending SDD No. 39, Crossroads, the Town Council required the applicant to provide twenty-two (22) employee beds. Staff recommends that this number of employee housing units not be increased as there is no increase in j,09/211 0/2007) Scot Hunn - Here is some language I gave to PEC on Solaris regarding housing age GRFA or commercial floor area with the proposed amendment which would require an increase the number of employee housing units to be provided. Staff would suggest the following language be forwarded to the Town Council. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two-bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. Staff believes that the proposal complies with this portion of the criterion. 0 0 CORNERSTONE CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE CORNERSTONE CONDOMINIUMS AN AMENDMENT TO TOWN OF VAIL SPECIAL DEVELOPMENT DISTRICT #4, AREA A, CASCADE VILLAGE Owner/Applicant L-O Westhaven, Inc. Architect Gwathmey Pratt Schultz Lindall Architects, P.C. Civil En ineer Alpine Engineering, Inc. Landscape Architect Dennis Anderson Associates, Inc. Land Planning Pylman & Associates, Inc. TABLE OF CONTENTS 1.0 Introduction 1 1.1 Purpose of Report 1 2.0 Cascade Village SDD #4 1 2.1 Cascade Village History 1 2.2 Cornerstone Site History 2 3.0 Proposed Plan 4 3.1 Project Description 4 3.2 Development Statistics 5 3.3 Utilities 7 3.4 Parking Needs Assessment 7 3.5 Housing 8 3.6 Rental Opportunities 8 3.7 Other Site Issues g 4.0 Special Development District Review Criteria 10 5.0 Key Features and Findings 15 5.1 Key Features 15 Appendix Vicinity Map Cornerstone Building Matrix 1.0 INTRODUCTION 1.1 Purpose of Report The purpose of this report is to provide information relative to an application for an amendment to Area A of Town of Vail Special Development District # 4, Cascade Village. The application requests development plan approval for development of the Cornerstone Condominiums site located within the Cascade Village Special Development District. Submittal requirements for a formal Amendment to an SDD are set forth in the Town of Vail development regulations. This application complies with all of the submittal requirements as outlined in the Town of Vail SDD Application Form packet. 2.0 CASCADE VILLAGE SDD #4 2.1 Cascade Village History Cascade Village was approved by the Town of Vail as Special Development District # 4 in 1976. The overall SDD consists of 97.955 acres and includes four different components identified by areas. Area A, known as Cascade Village, includes the Cascade Hotel and conference facility, the Colorado Mountain College building, the Aria Athletic Club and Spa and a parking garage to serve all the above listed uses. The Liftside and Millrace residential complexes, two single family/primary secondary homes and the Westhaven Condominiums site are also within Area A. The Cornerstone parcel is located within Area A, on the south side of Westhaven Drive immediately adjacent to the Cascade Hotel, the Cascade Village chairlift and the Liftside Condominiums. Area B consists of the 65 unit Coldstream Condominium complex Area C consists of the Glen Lyon neighborhood, which is approved for 104 units in a single family/primary secondary lot configuration. Area D is the Glen Lyon Office Building located along the South Frontage Road on the east edge of the Cascade Village SDD. Over the course of years following the 1976 approval of the Cascade Village SDD many of the areas and individual sites have been developed. The Coldstream Condominiums are completed, there is an office building located on Area D and single family and primary/secondary homes have been built in the Glen Lyon Subdivision. The Cascade Village area, Area A of the SDD, is almost completely built out, with the Cornerstone site representing the last remaining undeveloped parcel. 2.2 Cornerstone Site History The Cornerstone site is a tightly defined building envelope located south of Westhaven Drive in between the Liftside Condominiums and the Cascade Hotel Terrace Wing and conference facility. The total site area is 0.6977 acres in size. The site slopes down steeply from Westhaven Drive to the Cascade Hotel Terrace Wing and chairlift level. The grade at the high point of the Westhaven Drive cul- de-sac is 8074 feet and the lowest grade at the chairlift plaza is 8047 feet for an overall grade change of 27 feet across the site. The Cascade Village chairlift is immediately adjacent to the site. The current public access to the lift is via a narrow wooden stairway that traverses the Cornerstone site and negotiates the grade transition from street to chairlift. A public pedestrian easement allows for this access across the site. A small skier facility building provides ticket office and public restroom space. The chairlift plaza level of the Cascade Hotel Terrace Wing includes a ski rental shop and a small amount of retail space to serve chairlift patrons. In 1992 the Vail Planning and Environmental Commission (PEC) recommended development plan approval for the Waterford (Liftside) and Cornerstone buildings. The PEC approval was forwarded to Town Council and the Town Council approved the development plan in early 1993. Construction commenced on the Waterford (Liftside) building in the spring of 1993 while the Cornerstone parcel has remained undeveloped. At some point in the construction and marketing phase the Waterford building was re-named as the Liftside Condominiums. The Liftside Condominiums building consists of twenty-seven (27) wholly owned condominium units with approximately 47,000 square feet of GRFA and two (2) EHU's totaling 1100 square feet. The development plan approval for the Cornerstone site included 64 Transient Residential Units of 28,110 square feet of GRFA, three employee units totaling 1800 square feet of GRFA and 11,100 square feet of retail/commercial space for a total building size of 41,010 square feet. The building also was to include 56 on site parking spaces for the residential component and 37 public spaces for the retail component. A Transient Residential Unit (TR) was a crossover condominium/hotel product specifically created for Cascade Village. The intention was to allow a hotel room type of product that could be condominiumized. A TR unit was essentially a slightly enlarged hotel room that included a small kitchen facility. The definition 2 of a Transient Residential Unit limits the room size to a maximum of 645 square feet and allows a kitchen area not to exceed 35 square feet. The kitchen area was required to be designed in such a manner that the kitchen could be locked off in a closet. The kitchen area was apparently only to be used by the unit owner. The 1992 plans for the approved Cornerstone building indicate a six-story building with an additional below grade parking level. While the plans indicated six stories of building from the plaza side (south elevation) the Westhaven Street side (north elevation) appears as a four-story structure due to the grade change of the site. The lowest level of the building was designed below the existing plaza level and contained parking. The plaza level consisted of retail space and the next level up included parking and three 600 square foot employee housing units. The Westhaven street level consisted of additional parking and retail space with three floors of units above. The Cornerstone building ridge in front of the Liftside building was designed to an elevation of 71 feet above the plaza level. In order to allow the different parking levels appropriate access and to provide a physical separation of the public/retail parking from the residential parking there were two points of vehicular access into the building. A skier passage and staircase allowed pedestrian access from the street to the chairlift. The real estate market never embraced the Transient Residential Unit concept or the retail space and the Cornerstone site did not move into the construction phase in conjunction with the Liftside Building. 3 3.0 PROPOSED PLAN 3.1 Project description The current Cornerstone proposal reflects the evolution of Cascade Village as a hotel and short-term/second home residential neighborhood with a limited amount of support commercial uses. The demand for additional commercial space and hotel style accommodations as anticipated by the original Cornerstone approval has failed to gain market support. The current condition of the Cornerstone site, particularly the skier access staircase and the skier services facilities, is not in keeping with the level of quality that the Cascade community and guests have come to expect. This proposal will fill in sidewalk links that are currently incomplete, will provide for an improved skier courtyard, create an improved lift ticket sales plaza, public bathroom areas and public spaces and significantly improve skier access to the Cascade Village chairlift. The skier portal will include a covered, heated staircase and a dedicated elevator to provide access from the street level to the chairlift level. The building proposal includes twenty-three (23) free market condominium units and four (4) deed restricted Employee Housing Units. Other than the lift ticket sales windows at the chairlift level plaza there is no commercial or retail component to the building. All parking will be located in a two level enclosed parking garage beneath the building. The residential portion of the building is designed as two distinct building elements separated by the open skier access corridor. Vehicular access to the garage will enter the building at the western edge of the property. Entering the building at this lower elevation along Westhaven Drive allows access to two full levels of parking beneath the residential portion of the building. An internal ramp at the west end of the garage circulates vehicles down one level below the existing plaza/chairlift level. This lowest level of the building will include parking and mechanical equipment. The next level up, the plaza level of the building includes parking, owner ski locker areas, and the skier services facilities dedicated to the chairlift operations. The skier services facility includes a three-window ticket sales area, administrative office space for lift ticket operations and public restrooms. A snowmelt equipped exterior staircase and a dedicated elevator will provide skier access to this level from Westhaven Drive. The east wing of the building consists of eight residences on four levels above the parking garage. Each of the first three levels includes two 1995 square foot units. The fourth floor of residences includes two 3384 square foot units that include loft space within the roof area. The roof ridge of this section of the building, which lies in front of a portion of the Liftside building, has been designed to an elevation of just under 8119 feet, which is slightly below 71 feet above the plaza 4 level grade. This proposed building height is slightly lower than the Cornerstone design that was initially approved in 1993, at the same time the Liftside building was approved for development. The west wing of the building steps between four and five stories above the parking garage. The ground level includes the parking ramp, trash facilities , four Employee Housing Units (EHU's) and one free market unit. The next three floors each consist of four units of approximately 1995 square feet per unit. The fifth floor includes 3,112 square feet of loft area for two of the fourth floor units. The western portion of the building remains at four levels above the garage. The maximum height of the west wing of the building is 82 feet at the highest point. This high point is measured from the plaza level to the ridge of the required fire stair tower. The steep slope of the site and the south side location of the stair tower combine to create this height situation. Approximately half of the roof ridge of this portion of the building falls below 71 feet. Vertical circulation from the parking levels to the residences above is provided by three elevator/stair tower systems. Building materials consist of stone and stucco with a metal roof system. The design provides an upgraded yet complementary material palette to the existing architecture of Cascade Village. 3.2 Development Statistics The following information outlines the development statistics specific to the Cornerstone Condominiums site as proposed and, as appropriate, compares those to the development statistics for Area A of the Cascade Village SDD as outlined in Town of Vail Ordinance #11 of 1999. This ordinance has expired and the development standards outlined in that ordinance do not specifically regulate the Cornerstone Condominiums site. Permitted Uses: Multi-Family dwellings Area A of the Cascade Village SDD, as a mixed use commercial, lodging, recreation and residential area includes a lengthy list of permitted uses. Multi- Family dwellings are included within this list. Conditional Uses: None Other than Fractional Fee ownership, none of the uses listed as Conditional Uses in Area A are applicable to the Cornerstone Condominiums site. Fractional Fee ownership is not contemplated for the site. 5 Accessory Uses: Home occupations, subject to issuance of a home occupation permit in Accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. The above listed accessory uses are common to many of the SDD's and standard Town of Vail residential zone districts. Density: Units Twenty-three dwelling units and four Employee Housing Units (EHU's) The original approval of the Cornerstone site included 64 Transient Residential units. The SDD language includes a 2:1 conversion factor from TR's to dwelling units. This would translate to 32 dwelling units previously approved for the Cornerstone site. Density - GRFA The Gross Residential Floor Area shall not exceed 52,500, square feet. The GRFA for the buildings has been calculated in accordance with Section 13B of Ordinance 14, Series of 2004. The original GRFA approved for Area A of the Cascade Village SDD appears to be 289,145 square feet and the existing build out information states that the existing GRFA in Area A is currently 272,680 square feet. This results in less GRFA available than the 1993 approval contemplated. Cascade Village was originally approved for 35,698 square feet of commercial space, including 11,100 square feet in the Cornerstone building. As Cascade Village has developed and matured it has become apparent that this vision of Cascade Village as a commercial hub will not be viable. Businesses within Cascade Village have struggled to remain successful and some commercial spaces have been converted into residential uses. There are currently plans to convert additional portions of the CMC space and the theatre area to residential use. GRFA and commercial square footage area issues within Cascade Village will require some discussion with the Town of Vail. Setbacks The building setbacks shall be as proposed on the development plan. The Cornerstone property lines appear. to be designed as a development footprint area. 6 The proposed building lies completely within this envelope. In general, the setbacks are designed to meet building code clearance requirements. Height: Maximum height of the building will be in accordance with the final architectural plans. Previous development statistics for Area A of the Cascade Village SDD specified a 71-foot maximum height limit for the Cornerstone site. The east section of the building maintains this same height design as the original approval. The west portion of the building has been designed with a variable ridgeline that generally falls below 71 feet in height. A portion of this section of the building measures up to 82 feet in height. Site Coverage: The site coverage of the building footprint equals 66% of the site. Landscaping The proposed plan currently proposes 34% percent of the site in landscaping and paved pedestrian walkways. Parking and Loading_ 56 fully enclosed parking spaces One hundred percent of the required parking for the proposed development plan is located within an enclosed parking garage. 3.3 Utilities Water and sanitary sewer mains are located within Westhaven Drive. A sewer line also runs along the lower level of the- Terrace wing of the Cascade Hotel. Gas, electric, cable television and telephone services are all available at the site. 3.4 Parking Needs Assessment Parking demand for this project has been calculated in accordance with Parking Schedule B of Chapter 10, Off Street Parking and Loading, of the Town of Vail Zoning Code: 7 Residential units between 500-2,000 sq. ft. of GRFA require 2 parking spaces per unit Residential units greater than 2,000 sq. ft. of GRFA require 2.5 parking spaces per unit 19 units at 500-2,000 sq. ft. GRFA = 38 required parking spaces 4 units greater that 2,000 sq. ft. GRFA = 10 required parking spaces 4 2br. EHU's (less than 2000 sq.. ft) = 8 required parking spaces Total 56 required parking spaces Parking SummgU 56 spaces provided on site 56 spaces required per Town of Vail Zoning Code Loading SummaU 1 loading berth shared with Cascade Conference Center 1 loading berth required per Town of Vail Zoning Code 3.5 Housing The 1995 ordinance detailing the approved Cornerstone plans required three Employee Housing Units to total 1800 square feet in area in the approved design plans. In this proposed plan the design includes 4 two-bedroom units of approximately 1000 square feet each. The applicant believes that this proposed unit design is more in keeping with current Town of Vail housing goals than the smaller dormitory style units that have been discussed in the past. The two bedroom unit designs should be very attractive to long-term local residents and the location provides an extremely rare opportunity to provide ski-in ski-out employee housing. The current Town of Vail housing code requires a 10% inclusionary requirement based on the proposed GRFA. The proposed GRFA totals 52,021 square feet. Ten percent of 52,021 equates to an EHU requirement of 5,202 square feet. The proposed on-site housing measures to 3,972 square feet. The remaining 1,230 square feet is proposed as a pay-in-lieu amount. At the 2007 Town of Vail pay- in-lieu rate this will result in a payment of $291,079. 3.6 Rental Opportunities The Vail Cascade Resort & Spa has a total of 292 rooms. In 2006 the Vail Cascade Resort & Spa averaged an annual occupancy rate of 61.9%. The hotel 8 only sold out (defined as 98% occupancy) 29 out of 365 nights in 2006. There is no economically justifiable demand to build additional hotel rooms in Cascade Village at this time. Vail Cascade Condominiums, an operating division of Vail Cascade Resort & Spa, provides property management services to all of the condominium associations in the immediate neighborhood. Of the 160 condominium units under management in the Cascade Village neighborhood there are 85 units actively engaged in the short-term rental program. This equates to just over 50% of the units in these managed properties. The short-term rental occupancy of these units, exclusive of owner use, averaged 28% and provided 6,723 room nights in 2006. The premium rental rate of these units combined with the 29% occupancy rate provides a significant economic benefit to the community. The condominium guest amenity package is equal to the hotel guest package. The amenity package includes access to the Aria Spa and Athletic Club, use of the resort shuttle to Lionshead, Vail Village and the grocery stores, an on-call shuttle service that connects the condominiums with the hotel, ski and boot storage at the lift, daily housekeeping, room service and use of the hotel pool, hot tubs and library. The amenities and economic return make the short-term rental pool an attractive option for condominium owners. In the Liftside building immediately adjacent to the Cornerstone site 10 of the 27 units are enrolled in the short-term rental pool. The Cornerstone building will also be managed by the Vail Cascade Condominiums and Cornerstone owners will be encouraged to participate in the short-term rental program. With the prime lift side location and immediate proximity to the hotel these residences will be very attractive for short-term rental. 3.7 Other site issues The development of the Cornerstone site presents an opportunity to redesign and remodel the current Westhaven Drive entry and skier drop off area. This area is currently laid out in a confusing split lane boulevard design with very little formal landscaping. 't'here is poor organization to the bus stop and skier drop off area. The applicant is interested in working with the town to create a new entry design for this area. 9 4.0 SPECIAL DEVELOPMENT DISTRICT REVIEW CRITERIA Title 12, Chapter 9 of the Town of Vail Municipal Code provides for the establishment of Special Development Districts in the Town of Vail. According to Section 12-9A-1, the purpose of a Special Development District is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design character and quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the properties underlying zone district, shall establish the requirements for guiding development and uses of property included in the Special Development District." The Municipal Code provides nine design criteria, which shall be used as the principal Criteria in evaluating the merits of the proposed Special Development District. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan comply with each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The applicant has addressed each of the nine SDD review criteria below: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. Applicant response: The proposed building architecture respects the previous height design for the portion of the building that falls within the view plane of the Liftside building. This will ensure that the view impacts to Liftside are consistent with the expectations created by the initial simultaneous approval of the Cornerstone and Liftside buildings. The open air skier passage to the elevator/staircase allows for an open view to the mountain from the Westhaven Drive entry into Cascade Village and provides a dramatic and functional skier access to the chairlift. The three and four story building elements, as viewed from Westhaven Drive, are consistent with the urban village design of Cascade Village. The lower level skier plaza will be 10 finished in a high quality manner with a heated snowmelt system and a formal landscape planting and paver design. The architectural design utilizes similar exterior materials and expresses a scale that is compatible with the adjacent buildings. All required parking is located within an enclosed heated garage. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Applicant response: The proposed use of twenty-three residential dwelling units is compatible with the surrounding uses. Area A of Cascade Village contains residential, lodging, athletic club and spa, and restaurant uses. The adjacent Liftside building includes twenty-seven wholly owned units. The residential and hotel uses are compatible and the building design and density fits well with the compact village concept of the area. C. Compliance with parking and loading requirements as outlined in Title 12, Chapter 10, of the Town of Vail Municipal Code. Applicant response: The parking requirement for the project is 56 parking spaces. The proposed development plan incorporates all 56 spaces within an enclosed heated garage. As a strictly residential building the need for loading facilities is only on an occasional basis. The adjacent Cascade Hotel conference center has a streetside loading dock immediately adjacent to the building that will be shared by the Cornerstone building as necessary. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. Applicant response: The goals contained in the Vail Land Use Plan are to be used as the town policy guidelines during the review process of establishing or amending Special Development Districts. The following policies are relevant to the review of this proposal: 1. General Growth/Development 11 1.1 Vail should continue to grow in a controlled environment, maintaining' a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.2 The quality of the environment including air, water, and other natural resources should be protected as the Town grows. 1.3 - The quality of development should be maintained and upgraded whenever possible. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill). 2.1 The community should emphasize its role as a destination resort while accommodating day visitors. 2.2 The ski area owner, the business community and the Town leaders should work together closely to make existing facilities and the Town function more efficiently. The proposed development plan is in compliance with these applicable elements of The Vail Land Use Plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Applicant response: There are no natural and/or geologic hazards, including the Gore Creek floodplain, that affect the property. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Applicant response: The building design provides a fully functional residential site plan with good street access, parking that is visually screened from view and a much improved 12 public chairlift access experience. The design complements the urban nature of the site. There is very little open space associated with this site and there are no sensitive natural features or vegetation issues. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Applicant response: The proposed plan addresses vehicular and pedestrian circulation, parking and loading in a positive manner. Vehicles will enter the parking garage at the lowest point of the road frontage along Westhaven Drive. Two levels of parking with 56 spaces are available to the building. All parking is covered and visually screened from public view. Loading will be accommodated at the existing streetside loading zone used by the adjacent conference facility. A sidewalk running the length of the property along Westhaven Drive will connect the parking garage, and other residential properties from the west directly to the heated skier access to the chairlift. This access will accommodate stair and elevator circulation from street level to the chairlift plaza. This sidewalk will also extend to the east and connect Liftside and the public bus stop to the skier access. The entire south side of the building, at the chairlift level, is designed as a landscaped and snowmelt system equipped pedestrian plaza that links the hotel and conference center to the chairlift and skier services facilities H. Functional and esthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. Applicant response: This site has been heavily disturbed by previous construction of the roadway, the surrounding buildings and the chairlift. There are no natural features of this site that are important to preserve. There are however important recreation and pedestrian functions of this site that are improved and enhanced by this proposed building and the associated landscape and site improvement plan. The proposed landscape plan is in full compliance with the intent of this specific review standard. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Applicant response: 13 The project will be constructed in a single phase. A construction management and staging plan will be submitted for review prior to any request for a building permit. 14 5.0 KEY FEATURES 5.1 Key Features This proposed amendment to the Cascade Village Special Development District features: The proposed Cornerstone building will eliminate the existing wooden skier access staircase and replace this staircase with a heated skier plaza at the street level that leads to a heated covered staircase and a dedicated skier elevator. The skier plaza at the chairlift level is also paved and heated. A much improved skier services facility including lift ticket sales windows, administration space and public bathrooms. • A development plan that consists of uses and densities that fit well within the confines of a small and constrained development site. • An architectural design and scale that fits well within the context of the existing neighborhood. • A redesign and expansion of the previous employee-housing requirement in a manner that allows for the creation of larger housing units that are in line with current Town of Vail housing goals. These two bedroom units are suitable for long-term ownership and occupancy and are a significant upgrade from the previously contemplated dormitory style unit. 15 N O m ro a ' N a O lG. h O to 01 Iti ' m Olt G tr 01 o F''- CC7 h 00 4m } 9' N b O at M a to I W) b M t, M N coco ° A O O O i Oll o i o~ T OI O ~ y M M F O) F F U Q ~ a . O o W nm h { m awn N w ~ a ~ 'ry i ~ n ~ n rM. 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J Q „ ~ y tGf Q .7 U 4.ym; J J J J C r 4 4 ~ m ~ , _ G [ a a x V G E ~ m O J Q J Q ..I Q~ J 0 t E m m m G ~ E y ~ m m ro Q ~ ~ y ~ m c FQ fQ IQ ~1~ 0 3 3 3 , 0` o 3 3 3 ; e0 0 x 3 ~ - 0 - 0 - 00 V U O O O ~ F; U o o o O = U i 0 o Q ~ ; Q O o - h h 1~ 1= N f0 ~ O' C O J J J J J J J J Q Q 0f T Q Q Q .9 Land Title Guarantee Company CUSTOMER DISTRIBUTION rnd-ritle GUARANTEE COMPANY Date: 02-24-2006 Our Order Number: VC50013538-2 Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE If you have any inquiries or require further assistance, please contact one of the numbers below: For Title Assistance' Vail Title Dept. Roger Avila 108 S FRONTAGE RD W #203 PO BOX 357 VAIL, CO 81657 Phone: 970-476-2251 Fax: 970-476-4732 EMail: ravila@ltgc.com PYL MAN & ASSOCIATES PO BOX 2338 (137 MAIN ST., STE. C107W) EDWARDS, CO 81632 Attn: RICK PYLMAN Phone: 970-926-6065' Fax: 970.926-6064 Mail: rick@pyhnan.com Linked Commitment Delivery 4 Land Title Guarantee Company Date: 02-24-2006 rnd-ritle Our Order Number: VC50013538-2 CUARANTEE COMPANY Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE Buyer/Borrower: L-0 WESTHAVEN, INC., A COLORADO CORPORATION Seller/Owner: L-0 WESTHAVEN, INC., A COLORADO CORPORATION Note: Once an original commitment has been issued, any subsequent modifications will be emphasized by underlining or comments. Need a map or directions for your upcoming closing? Check out Land Title's web site at www.Itgc.com for directions to any or our 54 orrice locations. ESTIMATE OF TITLE FEES Information Binder $150.00 If Land Title Guarantee Company will be closing this transaction, above fees will be collected at that time. TOTAL $150.00 F r.= comwWr 06/04 THANK YOU FOR YOUR ORDER! pq' LAND TITLE GUARANTEE COMPANY INVOICE Land Title GUARANTEE COMPANY Owner: L-0 WESTHAVEN, INC., A COLORADO CORPORATION Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE Your Reference No.: When referring to this order, please reference our Order No. VC50013538-2 - CHARGES - Information Binder $150.00 --Total- $150.00 Please make checks payable to: Land Title Guarantee Company P.O. Box 5440 Denver, CO 80217 Chicago Title Insurance Company ALTA COMMITMENT Our Order No. VC50013538-2 Schedule A Cust. Ref.: Property Address: CORNERSTONE PARCEL IN CASCADE VILLAGE 1. Effective Date: February 06, 2006 at 5:00 P.M. 2. Policy to be Issued, and Proposed Insured: Information Binder Proposed Insured: L-O WESTHAVEN, INC., A COLORADO CORPORATION 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: A Fee Simple 4. Title to the estate or interest covered herein is at the effective date hereof vested in: L-O WESTHAVEN, INC., A COLORADO CORPORATION 5. The land referred to in this Commitment is described as follows: i G CORNERSTONE LIFTSIDEICORNERSTONE ACCORDING TO THE FINAL PLAT RECORDED NOVEMBER 30 1994 IN BOOK 656 AT PAGE 197, COUNTY OF EAGLE. STATE OF COLORADO. ALTA COMMITMENT Schedule B - Section 1 (Requirements) Our Order No. VC50013538-2 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to-wit: Item (c) Payment of all taxes, charges or assessments levied and assessed against the subject premises which are due and payable. Item (d) Additional requirements, if any disclosed below: This product is for informational purposes only and does not constitute any form of title guarantee nor insurance. The liability of the company shall not exceed the charge paid by the applicant for this product, nor shall the company be held liable to any party other than the applicant for this product. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC50013538-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records.o the Treasurer's office. 7. Liens for unpaid water and sewer charges, if any_. 8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof. 9. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542. 10. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNI'T'ED STATES PATENT RECORDED AUGUST 16, 1909, IN BOOK 48 AT PAGE 542. 11. RESTRICTIVE COVENANTS WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING RESTRICTIONS, IF ANY, BASED ON RACE, COLOR, RELIGION, OR NATIONAL ORIGIN, AS CONTAINED IN INSTRUMENT RECORDED JULY 17, 1981, IN BOOK 326 AT PAGE 255. 12. DECLARATION AND GRANT OF EASEMENT AS SET FORTH IN DOCUMENT RECORDED AUGUST 6, 1985 IN BOOK 421 AT PAGE 651. 13. TERMS, CONDITIONS AND PROVISIONS OF ORDER AND DECREE CREATING THE CASCADE VILLAGE METROPOLITAN DISTRICT RECORDED APRIL 07, 1986 IN BOOK 439 AT PAGE 349 AND ORDER OF INCLUSION RECORDED APRIL 17, 1978 IN BOOK 461 AT PAGE 122 ALTA COMMITMENT Schedule B - Section 2 (Exceptions) Our Order No. VC50013538-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 14. TERMS, CONDITIONS AND PROVISIONS OF FINDINGS, JUDGMENT AND DECREE RECORDED JULY 14, 1986 IN BOOK 445 AT PAGE 156. 15. PEDESTRIAN ACCESS EASEMENT AFFECTING A PORTION OF BUILDING C SITE RECORDED JUNE 23, 1987 IN BOOK 464 AT PAGE 940. 16. TERMS, CONDITIONS AND PROVISIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED JUNE 23, 1987 IN BOOK 464 AT PAGE 898. 17. TERMS, CONDITIONS AND PROVISIONS OF CONTRACT FOR ELECTRIC SERVICE RECORDED MARCH 02, 1988 IN BOOK 479 AT PAGE 741 AND RECORDED JANUARY 27, 1989 IN BOOK 499 AT PAGE 354 18. RIGHT OF WAY EASEMENT AS GRANTED TO HOLY CROSS ELECTRIC ASSOCIATION, INC. IN INSTRUMENT RECORDED MARCH 24, 1988, IN BOOK 481 AT PAGE 107. 19. TERMS, CONDITIONS AND PROVISIONS OF CONVEYANCE OF PUBLIC ACCESS EASEMENT FOR PEDESTRIANS AND ROADWAY RECORDED NOVEMBER 30, 1994 IN BOOK 656 AT PAGE 196. 20. TERMS, CONDITIONS AND PROVISIONS OF DECLARATION OF COVENANTS RECORDED DECEMBER 08, 1994 IN BOOK 656 AT PAGE 846 AND FIRST AMENDMENT RECORDED SEPTEMBER 19, 2005 AT RECEPTION NO. 929901. 21. EASEMENTS CONDITIONS COVENANTS RESTRICTIONS RESERVATIONS AND NOTES ON THE FINAL PLAT OF I IFTSIDE/CORNERSTONE RECORDED NOVEMBER 30. 1994 IN BOOK 656 AT PAGE 197. LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: A) The subject real property may be located in a special taxing district. B) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained from the County Treasurer's authorized agent. C) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Tide Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. B) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. D) The Company must receive payment of the appropriate premium. E) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. A) That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B) That such mineral estate may include the right to enter and use the property without the surface owner's permission. Nothing herein contained will be deemed to obligate the company to provide any of the coverages referred to herein unless the above conditions are fully satisfied. Form DISC UMM 09/01/02 JOINT NOTICE OF PRIVACY POLICY Fidelity National Financial Group of Companies/Chicago Title Insurance Company and Land Title Guarantee Company July 1, 2001 We recognize and res the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. W believe that makiu you aware of how we use your non-public personal information ("Personal Information"), and to whom it is disclose will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: * From applications or other forms we receive from you or your authorized representative; * From your transactions with, or from the services being performed by, us, our affiliates, or others; * From our internet web sites; * From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others; and * From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information: * to ageats, brokers or representatives to provide you with services you have requested; * to third-party contractors or service providers who provide services or perform marketing or other functions on our behalf; and * to others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest. In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability to Correct Errors Or Request Changes Or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests submitted to the Fidelity National Financial Group of Companies/Chicago Title Insurance Company shall be in writing, and delivered to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. 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