HomeMy WebLinkAboutGLEN LYON LOT 39 ORDINANCE SDD 4|'otc-q,IL V,Mqc-
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CASCADE VILLAGE SDD #4
ORDINANCES AMENDING SDD #4
Ordinance No. 8, Series of 1995
Ordinance No. 7, Series ol 1993
Ordinance No. 1, Series of 1993
Ordinance No. 41, Series of 1991
Ordinance No. 45, Series of 1990
Ordinance No. 10, Series of 1990
Ordinance No. 20, Series of 1990
Ordinance No. 12, Series of 1989
Ordinance No. 40, Series of 1988
Ordinance No.20, Sedes of 1984
Ordinance No. 10, Series of 1982
Resolution No. 10, Series of 1982
Ordinance No.2, Series of 1979
Ordinance No. 31, Series of 1978
Ordinance No.28, Series of 1977
Ordinance No. 5, Series of 1976
I
MEMORANDUM
Planning and Environmental Commission
Community Development Department
November 11, 1997
A request for a major amendment to SDD #4 (Cascade Village), to allow
modifications to allowable GRFA and building height limitations, located at 1150
Westhaven Lane/Lots 39-1& 39-2, Glen Lyon Subdivision.
Applicant: Timothy Pennington, represented by Diane Larsen Planner: Dominic Mauriello
a
TO:
FROM:
DATE:
SUBJEGT:
DESGRIPnON OF THE REOUEST
The applicant is requesting a major amendment to SDD #4 (Cascade Vilhge, Development Area
C) to Lots 39-1 and 39-2 (single-family residential lots) located in the Glen Lyon $ubdivision. The
applicant is requesting the following:
That the lots be subject to the PrimaryiSecondary Residential zone district
calculation for Gross Residential Floor Area (GRFAXSection 1 8.1 3.080 of the
Zoning Code) which is consistent with all of the other residential lots in the Glen
Lyon Subdivision. Currently, each lot is limited to 3,100 sq. ft. of GRFA per
Resolution No. 10, Series of 1982. Under the proposed calculation, Lot 39-1
would be entitled to 6,446.65 sq. ft. of GRFA and Lot 39-2 would be entitled to
6,834.34 sq. ft. of GRFA.
That the lots be subject to the height limitations of the Primary/Secondary
Residentialzone district (Section 18.13.075 of the Zoning Code) which is
consistent with all of the other residential lots in the Glen Lyon Subdivision.
Currently, the building height for these lots is restricied to 25' per Resolution No.
10, Series of 1 982. Under this proposal, building heights wonld be restricted to
30' for flat roof structures and 33' for sloping roof structures.
That each lot be entitled to a Type ll EHU (which requires conditional use
approval). All other lots have been allowed to go through the Conditional Use
review process for the establishment of Type ll EHU's in this suMivision. The
current ordinance is silent 0n the EHU issue and is proposed to be amended to
clarify this issue. The actual number of EHU's allowed will also be limited based
on the access to the site. The skier bridge was approved at a width that will only
allow three dwelling units including EHU's on these two sites.
The applicant is proposing building envelopes on the property which will prevent the removal of
any existing trees and prevents development on slopes greater than 30% (see attached survey).
The envelopes are more restrictive than the typical setbacks for a Primary/Secondary Residential
zoned lot.
1.
2.
3.
Please note that the applicant's original request proposed t0 calculate the GRFA for these two
lots according to the Singte-Famity Residential (SFH) zone district but has amended their
application at the request ol staff. The sFR calculation results in GRFA for Lot 39-1 of 6,843.3
sq. ft. and Lot 39-2 ot 7,618.7 sq. ft. Please see applicant's statements attached,
II. BAGKGROUND
The Glen Lyon Subdivision, when originally planned in 1978, under SDD #4, contained a
provision that "no residential lot shall contain more than 4,200 square feet of GRFA." This
provision was also included in the restrictive covenanls for this subdivision, which the Town is a
party to. At mat ilme, Lots 39-1 and 39-2 were one large duplex lot, Lot 39 (2.4853 acres).
On February 16, 1982, Resolution No. 10, Series of 1982, was adopted allowing an amendment
to SDD #4 to allow Lot 39 to be divided into Lots 39-1 (1.043 acres) and 39-2 {1.221 acres). The
lots were restricted as single{amily residential lots, therefore not increasing the overall density of
the development. The proposal resulted in 0.2213 acres being dedicated to the Town as part 0f
the stream tract. The resolution restricted each lot to a maximum of 3,100 sq. fL of GRFA and
25' in building height. See attached Resolution No. 10, Series of 1982 and the staff
memorandum dated February 1, 1982.
On July 3, 1 990, SDD #4 was amended by Ordinance No. 20, Series of 1990, which removed the
4,200 sq. ft. of GRFA restriction for all "duplex" lots within the Glen Lyon $ubdivision. The
amendmsnt allowed the lots to be calculated under the PrimaryiSecondary Residential zone
district for GRFA. Lots 39-1 and 39-2 were specifically not amended by this change as these lots
were single-family residential lots (see Ordinance No. 20, Series of 1990 and the staff
memorandum dated June 11, 1990).
In July of this year, a minor amendment to this SDD was approved allowing the development of a
driveway and bridge to access the site via an easement across Lots 40 and 41 . The bridge
provides access for skiers lo travel beneath the driveway. The applicant worked closely with the
owners ol Lot 40 in order to develop a plan that was acceptable to all parties impacted by the
development.
III. ZONING ANALYSIS
Listed below is the zoning analysis for Lot 39-1 and Lot 39-2. In addition, an analysis of Lot 40
and Lot 41 , which are located nearest the site, have been included for comparison.
Zoning: SDD ,t4 (with no undorlying zoning)
Standard Existlno Standard Propos€d Standard
Lot 39-l
Lot size: 45,433.08 sq. ft. nla
Allowable GRFA: 3,100 sq. ft. 6,t146.65 sq. ft. (hcludoe 42li sq. ft. credh)
Affowablo Building Fbight: 25' 3O'flaU33'sloping
Allourable caraga Cr€dit: 600 sq. ft. 600 sq. ft.
Allo rable dvuelling units: 1 du 1 du + 1 Type ll EHU
Lot 39-2
Lot size: 53,186.76 sq. ft. n/a
Allowable GRFA: 3,100 sq. ft, 6,834-34 sq. fL {includes 425 sq. ft. crodlr)
Allowable BulldinE Height: 25' 30'flaVSil'sloplng
Allowable Garage Grcdit: 600 sq. ft. 600 sq. ft.
Allol rable dwelling units: I 1 du + 1 Typ€ II EHU
fur compafison: curr€nt SBndard
Lot 40
Lot size: 37,392.6 sq. ft.
Allowablo GRFA: 6,469.63 sq. ft.-
Allowable &rilding Height: 30'flavss' sloping
Allowable Garage Cr€dit: 1,200 sq. ft.
Allo{vable dwetting units: 2
Lot 4t Lotsize: 45,713 sq. fi.
Allowable GRFA: 6,885.€5 sq. ft..
AllowableBuildingHeight 30'flat/s3'sloping
AlbMrabl€ Garage Cr€dit: 1,200 sq. ft.
Allo/vable dwBlling units: 2
Not€: Lors 40 and 41 inolude an addlional 425 sq. tt. ot GRFA tor fie s€cond d.rslling unil erid ar€ ellor{Ed an additiofial 600 sq. ft.
for the second dwelling unit.
IV. CRITERIA TO BE USED IN EVALUATING THIS PROPOSAL
As stated in the zoning code, the purpose ol 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
new development within the town; to facilitate the adequate and economical
provision of streets and utilities; to preserve he natural and scenic teatures 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
developmenl district, in conjunction with a property's underlying zone district, shall
establish the requirements for guiding development and uses of property included
in the special development district.'
The following are the nine special development districl criteria to be utilized by the Planning ard
Environmental Commission when evaluating SDD amendment proposals:
A. Deslgn compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architeetural design, scale,
bulk, building height, buffer zones, identity, character, visual integrity and
orientation.
No specific building or design is heing requested by this amendment. Any proposed
development will be reviewed in accordance with the $DD #4 ordinance and the Town's
Design Guidelines. With this requested amendment, development on these lots will be
consistent with development allowances on neighboring lots and with this subdivision as
a whole, While homes on these lots will be quite large, impacts to the site and
neighboring properties will only be minimally impacted. Single-family structures will be
oriented within building envelopes on the properties and will be generally low on the site.
There is adequate room for buffering development on these lots from neighboring lots.
This property is mostly adjacent to Forest Service property and is only marginally adiacent
to neighboring duplex lots.
The applicant is providing building envelopes which protect all existing trees and prevents
development on slopes greater than 30"1".
Statf believes the proposed modifications to the development standards will provide equal
treatment to similarly situated residential lots and will not negatively effect the surrounding
properties or the environment.
B, Uses, actlvity and density \ilhtch provide a compatible, efficient and wo*able
relationship with surrounding uses and activity.
The proposal does not change the approved uses for the property. These lots will
continue to support development of single-family homes. The potential intensity of
development will be similar io that of adjoining lots. Staff believes that the proposal is
compatible with adiacent development and provides lor an efficient and workable
relationship with surrounding uses.
C. Gompliance with the parking and loading requirements as outlinod in Ghapter
18.52.
The applicant is not proposing to change the parking requirements as they relate to these
lots. Development on these lots will continue to be required 3 parking spaces, assuming
developmenl of structures of greater than 2,000 sq. ft. in size.
D. Conformity urlth applicable elements of the Vail Comprehensive Plan, Town
policies and Urban Design Plans.
1. This area has been platted and zoned under SDD #4 for residential
development. The proposed changes do not change the use of the
property. The Town of Vail Open Lands Plan, adopted by the Town,
identifies these lots as private development sites. The use prescribed by
zoning for these lots is consistent with the Open Lands Plan.
2.The following are the applicable Land Use Plan goals and policies which
retate to this proposal:
Goal1.1 Vail should continue to grow in a controlled
environment, maintaining a balance between
residential, commercial and recreational uses to
serve both the visitor and permanent resident.
Vail should accommodate most of the additional
growth in existing developed areas (in-fill areas).
Additional residential growth should continue to
occur primarily in existing, platted areas and as
appropriate in new areas where high hazards do not
exist.
Residential growur should keep pace with the
market place demands for a full range of housing
types.
Goal1.12
Goal5.1
Goal5.4
The staff believes that the proposed amendment to the approved development
plan is in compliance with the Town's Land Use Plan.
E. ldentilication and mitigation ol natural and/or goologic hazards that afiect the
property on which the special development distriet is proposed.
The property is not located in an area of natural or geologic hazard.
F. Site plan, building design and location and open space provlsions designed
to produoe a functional development responslve and sensitive to natural
features, vegetation and overall aesthetic qualtty of the community.
The proposed application allows the same type of development cunenfly allowed on the
site. The applicant has proposed building envelopes which respect existing trees, steep
slopes, and setbacks. The property, when divided into two lots in 1982, included the
provision ol land dedication for open space and stream tract, Any development proposals
for the property will be reviewed by the Design Review Board and will be subiect to the
Town's Design Review Guidelines. Stalf believes the proposal is sensitive to
environmental features of the site to a greater extent than exists under the current
allowances.
G. A circulation system designed for both vehicles and pedestrians addtqBsing
on end off-site traffic circulation.
The applicant is not proposing to change or affect this criterion with this proposal.
H. Functional and aesthetic landscaping and open space in ordor to optimlze
and preserve natural features, rgcreatlon, vierirs and functions.
The applicant has proposed building envelopes which respect existing trees, steep
slopes, and setbacks. The property, when divided into two tots in 1982, included the
provision of land dedication for open space and slream tract. Any development proposals
lor the property will be reviewed by the Design Review Board and will be subiect to the
design review guidelines. The building envelopes provide adequate buffer area on the
site. Staft believes the proposal is sensitive to environmental features of the site to a
greater extent than exists under the current allowances.
l. Phasing plan or subdivision plan that will maintain a workable, functional and
efticient relationship throughout the development of the special development
district.
This criterion is not applicable to this development.
V. STAFF RECOMMENDATION
The Gommunity Development Department recommends that the PEC recommend approval of
the applicants request to the Town Council for a major amendment to Special Development
District No. 4, subject to the following finding:
1. That the proposed amendments to Lots 39-1 and 39-2, Glen Lyon Subdivision,
within SDD #4 are consistent with the nine development criteria contained herein
and are consistent with the development standards allowed on the other
residential lots within this SDD.
The recommendation of approval is also subject to the following conditlons:
1. That the following language be placed on the development plan and included in
the ordinance for these lots:
All luture development will be restricted to the area within the building
envelopes. The only development permifted 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 (1zz)
the distance between the building envelope and the property line, or may
project not more than five feet (5') nor more than one-fourth (y4 the
minimum required dimension between buildings.
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c.SEN & KOVACEVICH. P.
Counselors at Law
953 S. Frontage Road West, Suite 1Os
Vail, Colorado 81657
Diane R. Larsen
Jill E. Kovacevich
Tef : (97O) 476.A711
Fax. (g7O) 476.a,€72
October 22,1997
VIA EAND DELTVERY
Dominic F. Mauriello
AICP Town Planner
Town of Vail
75 S. Frontage Road
Vail, CO 81657
Re; Amendment to Applicdtion for Amendment to SDD No. 4 on behalf of Hagopian
& Pennington LLC
Dear Dominic:
This letter is in response to your letter dated October 17, t997 - As we discussed over
the telephone, you do not believe that staff would support an amendment to SDD#4 that would
allow Lots 39-1 and 39-2 a GRFA calculation based on two dwelling units per lot, because this
would change the density of the SDD. You indicated the amount of allowable GRFA proposed
in your October 17, L997 let&er is the maximum staff could reasonably support.
After discussing the alternatives with Mr. Pennington, he has decided to accept your
proposed changes to his application, in order to expedite the approval prffass by having staff
support of the amendment as it will be presented to PEC.
Enclosed please find two full size surveys of the lots showrng existing trees and
setbacks, and an 8 L12 x 11 copy of same, as you requested.
My client's agreement to amend the Application as set forttr in your letter is conditioned
upon GRFA and buildiug height being calculated exactly as set forth therein, and the Building
Envelopes being as depicted in the enclosed survey. As we discussed on the telephone, he
would also like staff support of a Type II EHU for each of the lots, and he would like you to
specifically provide in the ordinance that the bddge and driveway may be constructed outside
the building envelope and within the setbacks.
LARSEN & KOVACEVICH, P.C.
Dominic F. Mauriello
Town of Vail
October 22,1997
Page 2
Please call me if you have any questions. Also please let me know the time that we will
be on the agenda for the PEC hearing on October 27, L997.
Very truly yours,
LARSEN & KOVACEVTCH. P.C.
Diane R. larsen
DRL/kes
Enclosures
cc: Mr. Tim Pennington
STATEMEI\TT IN SIJPPORT OF APPLICATION
FOR APPROVAL OF AN AMENDMENT
TO SPECIAL DEVELOPMENT DISTRICT NO.4
I. INTRODUCTION
I-ots 39-1 and 39-2 (sometimes referred to herein as the "Lots") are Single Family Ints
in Glen Lyon Subdivision that are treated significantly differently tlnn other Single Family [,ots
in the Town with respect to Gross Residential Floor Area ("GRF6"; and building height
limitation. Applicant, Hagopian & Pennington LLC, seeks equal treatm.ent with other Town of
Vail Single Family lots. Applicant is requestirg approval of an amen&nent to SDD No. 4 to
provide that GRFA and building height limiutions for Lots 39-1 and39-2 be calculated pursuant
to the requirments of the Single Family (SFR) Zone District, Sections 18.10.080 and 18.10.090
of the Town of Vail Zoning Code.
II. BACKGROUND OF EXISTING GRFA AND HEIGHT LIMITATTONS
The protective covenants for Glen Lyon Subdivision were recorded in April, 1978. At
that time, Lots 39-1 and 39-2 were combined in a single lot, designated Lot 39. Lot 39
consisted of 2.4853 acres and was the largest residential lot in Glen Lyon. From the inception,
the protective Covenants of Glen Lyon (the "Glen Lyon Covenants") contained the following
restriction: "No residential lot shall contain more than 4200 square feet of GRFA." Andy
Norris, the developer of Glen Lyon Subdivision, explains in a letter to Dominic Maurhllo dated
September 9, L997, a copy of which is attached hereto as Exhibit A, that when he developed
Glen Lyon Subdivision, "there was considerable looseness in the Town's definition of GRFA.'
He voluntarily restricted each lot to 4200 square feet of GRFA, even though the ordinance
governing SDD No. 4 provided that allowable GRFA on any lot in Glen Lyon was governed by
a formula based on lot size, which would have allowed more GRFA in many cases. SDD No,
4 was thereafter amended to match the more restrictive 4200 square foot GRFA restriction of
the Glen Lyon Covenants.
In 1982, Mr. Norris applied for an amendment to SDD No. 4 to rezuMivide Lot 39 into
rwo Single Family Lots, Resolution Number 10, Series of 1982 ("Resolution No. 10"),
zubdividing Lot 39 into two Single Family Lots, was approved by Town Council on Febnrary
16, 1982. Resolution No. 10 provides the maximum height for buildings on the two Lors is
tinited to 25 feet and the maximum allowable GRf'A is 3,100 square feet for each Lot.
Resolution No. 10 states in the "Recitals" that the lot "possesses characteristics making it
appropriate for two single family structures of a high quality, low rise nature" and that "the
owner of Lot 39 and the developer of Glen Lyon Subdivision agreed to the conditions and
limitations placed upon the division of Lot 39 into tsvo sepamte lots. " Except for the statement
&at the developer of GIen Lyon agreed to the conditions and limitations, there is no explanation
in Resolution No. 10 which gives insight to the reasons for such conditions and limitations.
Therefore, Applicant researched the Town files and consulted with Mr. Norris to see if there
was a legitimate reason to restrict GRFA and height.
The Town's files on SDD No, 4 provides helpful information regarding the history of
ttre subdivision of Lot 39 into two lots and the reason for the severe restrictions on GRFA and
height set forttr in Resolution No. 10. A staff memorandum to PEC dated February 1, 1982,
shortly before Resolution No. 10 was passed, states that Mr. Norris oronosed the limitations.
Mr. Norris' letter confinns that the GRFA limitation of 3100 square feet on each of the
resubdivided lots was esablished by him in consultation with Town staff "to be consistent with
the existing more restrictive Glen Lyon CC&R'$." Minutes from ttte PEC headng of February
8, L982 show that Mr. Norris requested 3100 square feet of GRFA, and that the limitation on
GRFA was gql a Town-imposed restriction. Mr. Norris also voluntarily proposed an extensiye
landscaping plan to aid in screening the Lots from view, which has been irqplement€d by the
present owner.
In May, 1990, the Glen Lyon Covenants were amended by the writtcn consent of more
than7l%o of the owners of the Glen Lyon Subdivision, as required under such covenants. The
sole purpose of the 1990 amendment to the Glen Lyon Covenants (the "Amendment') was to
delete the more restrictive Glen Lyon GRFA restriction, thus allowing thc then more-liberal
Town of Vail GRFA restrictions to govern all lots within Glen Lyon Subdivision. In fact, Ints
39-1 and 39-2 (then designated 39 (A) and 39 (B)) are specifically identified in the Amendment
as lots to which the GRFA increase applies. Thus, the Glen Lyon home owners' intent to
increase the GRFA allowable to l,ots 39-l and 39-2 is clear.
In May, 1990, shortly after the Glen Lyon Covenants were amend.ed, property owners
who had voted to pass the Covenants Amendment proposed an amendment to the ordinance
governing SDD No. 4 to delete the more restrictive Glen Lyon GRFA restriction that was still
reflected in said ordinance. A letter in the Town's files dated May 11, 1990 which was
submitted with the application to amend SDD No. 4 explains that as a result of the Tovrn of
Vail's adoption of the GRFA standards in the Glen Lyon Covenants, Glen Lyon propflty owners
were negatively impacted in relation to other similarly situated propefty owners in Vail. The
property owners were requssting parity in the Glen Lyon GRFA standards with the rest of the
Town.
A staff memorandum to the Planning and Environmental Commission dated June 11,
1990 confirms the GRFA restriction was initiated by the developer, with unintended negative
effects on Glen Lyon lots. It provides in pertinent part:
...At the time that SDD #4 was adopted, the GRFA definition was in the process
. of revision. By putting a maximum GRFA in the density requbement for the
SDD, the developer's intent was to lock in a specified GRFA allowed for the lots.
This was intended to protect against future changes in the interpretations of
GRFA. The ceiling, however, became a restriction for the Glen Lyon property
owners, as the GRFA requirements did not become more restrictive (as the
developer had anticipated). Jim Rubin, the Community Development Departrnent
director at the time of the original adoption, confirrns that the GRFA maximum
was initiated by the developer to guarantee the GRFA for Glen Lyon lots.,.
I
Thus, the Town's files on SDD No. 4 show that Mr. Norris proposed the GRFA
maximlrm, but that the unanticipated effect was not fair to Glen Lyon residents compared to
other Town of Vail property owners. The Glen Lyon homeowners' proposed amendnent to
SDD No.4 was passed by Town Council on July 3, 1990, as Ordinance No. 20, Series of 1990
("Ordinance No. 20") eliminating the Glen Lyon GRFA covenant as to duplex loB, but without
mention of Lots 39-L and 39-2.
Since there is nothing in the Town's file to justify treating Lots 39-1 and 39-2 differently
than other lots zoned Single Family, why was the allowable GRFA on Lots 39-1 and 39-2 not
specifically amended in 1990 to be governed by Town standards, as the other Glen Lyon
residential lots were? Mr. Norris' letter is helpful in answering this question. His letter stateg
there were several issues unique to Lots 39-1 and 39-2, but unrelated to GRFA or building
height, that the Town staff wanted resolved before the Lots would be brought into conformity
with Town of Vail SFR Zone District requirements. For example, portions of the access road
to Lots 39-1 and 39-2 encroached on Forest Service land, Vail Associates had raised concems
about an on-grade skier crossing that intersected the proposed driveway, and certain utility
easements needed to be vacated. The Town staff requested that all these matters be resolved
before the GRFA applicable to Lots 39-1 and 39-2 be amended. Applicant has recently
completed resolution of all these matters, the last one being the approval by the Town of the
construction of a skier underpass. Applicant now requests that SDD No. 4 be amended to treat
tots 39-1 and 39-2 the same as all other lots in the Town of Vail zoned Single Family.
Applicant and Mr. Norris believe that the process that was begun in 1990 !o have all Glen Lyon
lots treated the same as other similarly-zoned lots within the Town, should be automatic; based
on the recent resolution of the issues formerly affecting Lots 39-1 and39-2- Nonetheless, if the
Torryn desires to re+xamine the GRFA and height limitations, ttre facts that zupport the change
in GRFA and height to match the Town Zoning Code, are compelling
Presently, Lots 39-1 and 39-2 are 1.043 and L.22t acres, rcspecrively. (Lor 39 as
originally platted consisted of 2.4853 acres, but a portion of Int 39 along Gore Creek was
deeded to the Town when I-ot 39 was resubdivided into Lots 39-1 and 39-2.) They are still the
two largest lots in Glen Lyon, and are therefore large enough to support additioaal GRFA, as
calculated under Section 18.10.090 of the Zoning Code. The marginal increases in GRFA,
when compared to neighboring structures such as Liftside Condominiums and Glen Lyon Office
Building, are insigrdficant. L,ots 39-1 and 39-2 arc a significant distance from South Frontage
Road, compared to both Liflside Condominiums and Glen Lyon Office Building, which are
directly on South Frontage Road. Many Spruce and Lodge Pole Pine trees were planted by
Applicant, which have already grown to significant heiglrts, and will continue to grow aud screen
more fully any residence to be hrilt on the I-ots. The limitations to low-rise, 3100 square foot
residences on each lot is simply not justifiable considering the neighboring strucnrres, the size
of the Lots, the landscaping and the current Town Code governing Single Family homes.
III. LEGAL ruSTIFICATION FOR AMENDMENT
Town Code Section 18.40.090 governing Special Development Districts provides:
...before the Town Council approves development standards that deviate from the
underlying zone district, it should be detemrined that such deviation provides
benefits to the Town that outweigh the adverse effeets of zuch deviation. This
determination is to be made based on evaluation of the proposed Speciat
Development District's compliance with the design criteria outlined in Section
18.40.080.
The basic premise of Section 18.40.090 is that development standards for a lot in a Special
Development District should comply with the underlying zone district ard that any deviation
therefrom should not be taken lightly. It follows that since Lots 39-1 and39-Z are Single Family
Lots, they should be treated the same as other Single Family Lots.
Among the criteria in Section 18.40.080 that must be considered in determining thc
appropriate standards to apply to Lots 39-1 and 39-2 are "design compatibility and sensitivity
to the iffrmediate environment, neighborhood and adjacent properties relative to architeetural
design, scale, bulk, building height, buffer zones, identity, character, visual integrity and
orientation. " Applicant contends that any residence to be built on Lots 39-1 or 39-2 that
gsmplies with the square footage calculation under Town SFR Zone District requirements will
be compatible with the immediate neighborhood and adjacent properties. As discussed above,
neighboring property owners who were required to be notified of this application for amendment,
include Liffside Condominiums, a relatively recent addition to SDD No. 4, and Glen Lyon
Office Building. Both are large structurcs and are located closer to South Frontage Road than
would be any residences to be built on Lots 39-1 and 39-2. The visual impact of any residence
to be built on Iots 39-1 and 39-2 under SFR Zone district requiremcnts will be substantially less
than the visual impact of zuch existing structures, especially with the large trees already growing
on Lots 39-1 and 39-2. Furthennore, any residence proposed to be built on either lot will also
be subject to Design Review Board scrutiny, which is sufficient to en$re quality, site-
appropriate res idences.
Under Colorado law, the PEC and Town Council must not act arbitrarily or capriciously
in exercising their discretion in evaluating the criteria set forth in the Zoning Code. See Sellon
v. Manitou Springs, 745 P.zd 229 (Colo. 1987). With no rational basis in tlrc file for
discriminating against Lots 39-1 and 39-2 when compared to other Singte Family Lots within
the Town, to deny this application would seem to be arbitrary and capricious, and, therefore,
void under Colorado law.
4
IV. CONCLUSION
Lots 39-1 and 39-2 have different GRFA and height restrictions applied to them than
other Single Family Lots within the Town of Vail for reasons that are no longer justifiable. In
1990, the Glen Lyon Homeowners requested that the lots within Glen Lyon be treated the same
as all other lots within the Town, which request was grandd by Town Council with regard !o
all Glen Lyon lots except Lots 39-1 and 39-2. Due to other issues rmique to t[ose two lots,
GRFA and height limitations for the Lots have continued to be governed by Resolution 10 from
1982, which were self-imposed by the developer of Glen Lyon aod the tlren-owner of the [,ots.
Town files indicate the restrictions were proposed by Mr. Norris, and have not been removed
dqe to gther issues unrelated to GRFA and height. With the resolution of the iszues concerning
the access road and the vacation of easements, and, most recently, the approval by the Town of
a skier underpass separating vehicles from skiers, there is no rational basis for continuing the
restrictions in Resolution No. 10. Town Code requires that development standads not deviate
from the underlying Zone District unless the deviation provides berpfits to the Town that
ourweigh the adverse effects of the deviation. There appear to be no benefits to the Town that
outweigh the adverse effects of continuing the severe GRFA and height restrictions now imposed
on the Lots. Lots 39-1 and, 39-2 are two of the largest lots in GIen Lyon, are zoned Single
Family, and are located near two very large structues, Liftside Condominiums and Glen Lyon
Office Building. The visual impact of Single Family residences built in compliance with SFR
Zone District GPJA and height standards will be negligible compared to the vinral impacr of
those two neighboring structures. Applicant's Single Family Lots should be neated the same
as other Single Family Ints in the Town, and should be governed by Sections 18.10.080 and
18.10.090 of the Town Code with regard to GPSA and building height. To deny this
application to remove unnecessary restrictions on the Lots in order to treat them the same as
other Single Family Lots would be arbitary and capricious.
Andrew D. Nonis
195 Lo Veredo Rood
Sonlo Borboro, Colifomio 93108
'F
September 9, 1997
Dominic F. Mauriello, AICP
Department of Community Development
Town of Vail
75 South Frontage Road
Vait, Colorado 81657
Re: Glen Lyon Subdivision - Lots 39-1/39-2
DearDominic;
I was the developer of the Glen Lyon Subdivision and was therefore responsible for the
projecrs pranning, permitting, construction and sales. Development controls for the
i.ojr., *"..
"rtu[tiittrO
by the recorded plat and-the Condidons, Covenants and
lesUctioos (CC&R'g). An important element of the CC&Rs wee liraitetions on the
amounr of Gmss Residential Floor Area (GRFA), as defrned by the Town of Vail zoning
*!J.rioor, that could be constn:cted on each lol At the time it was considered
important to establish GRFA standards because there was considerable "looseness" in the
Toin's definition of GRFA. Glen Lyon's CC&R's were mo{e restrictive.
In 1989, rhe Town approved the division of Lot 39 into rwo lots. The approval
established Lot 39-1 and 39-2 as a minor development plan- Each lot was limited to a
single family home and the GRFA limitations were esBblished by me in consultation with
Toiln saff io be consistenr with the existing Glen Lyon CC&R's' A minor development
pfrn ** developed that included establishing building envelopes and a landscape plan'
iollowing the T-own's approval, significant components of ttre landscape plan were
implemeiteO by the ownir. These included earthwork and tree planting for screening'
In 1990, the Town made refinements and clarifications to its definition of GRFA' Town
council was interested in creating a uniform standard for all residential lots- The Glen
Lyon property owners supported this proposal and requested_that I conduct an election by
Gien iyon prppeny o*ne.s to seek approval m amend the CC&R's to bring Glen Lyon's
CnFAiundards inro compliance with the Town's standards. The amendment passed and
EXHIBIT A
o
Dominic F- Mauriello, AICP
Deparrnent of Community Development
Town of Vail
September 9, 1997
Page2
the GREA revision approved. The amendment applied to all Glen Lyon lots, including
Lots 39-1 and'39-2. However, since Glen Lyon Subdivision is in Special Development
District No. 4, Town approval was required for aay change in GREA.
A proposed amendment to SDD No. 4 was submined to the Town to provide that Town
GREA standards would apply to all Glen Lyon lots. By this time it had been discowred
ttrat portions of the access road to Loe 39-1 and39-Z encroached on Forest Service land
and that the planned on-grade skier crossing wift the driveway would be unacceptable to
Vail Associates. Vail Associates insisted that a separated grade crossing be construcEd.
Also, utiliry easements across Lot 39 needed to be vacated. Town suff requested that no
change be made in the GREA standards applicable to Lots 39-1 and 39-2 untii all such
issues surounding the Lots were resolved.
It has rcquired several years to resolve all of these requirements, the final one being
approval of the skier underpass. It has always been my understanding and agreement with
the Tpwn that once all the issues surrounding Lots 39-1 and 39-2 had been resolved, the
lots viould be broughr into conformiry with the Town of Vail's then current development
standards for residential lots.
If I can provide you with additional information, please do not hesitate to cail.
Sincerely,
ADN:sg
bc: Diane Larsorr
Etr{]BIT A
)'r
1,
RESOLUTION ,'].0 (Series of 1982 )
A RESOTUTIO}I OF TI.IX'TOT{N COUNCIT A}{END rNc SPECIAL DEVELOPT,IENT DISTRICT ' No. 4_ro pRovrDE ii,ri-ibi 3e oF rHE GLEN LYON ,SUIiDIVISICN ilEi gN DIVIDED INTO..TTYO (_Z ) SINcr.E FAI1ILY LOTS ; pRO_yIDING^A-M.AsIER IJEVELoPMiNT PLAN riinaronr :snrrrNc_FoRrt{ A rlllENry r,rvE (2s) i<jor_iiitrir LIMITATION AND THIRTY ONE HUNDRED TEiOOJ--..'SQUARE-IOOI TIAXI&JUII,I GEOSS RES IDNUtiAi -
riOON AREA-(cRFA) r,riurrATroN; AND sgrrrNc lonii-..DETAILS RELATING THENEiO.
IVHEREAS, the Town Councit- has previously approved Special
Devei.opment District 4, commonly knotvn as Glen Lyon Subdivision,
to insure its pr"anned and coordinated deveropment in a manner
suitable for the area in which it is situa.ted; and
I{IIEREAS, the To$,n Council was of the opinion that the
existing tot 3g of clen Lyon subdlvsion possesses characteristics
naking it appropriate for t\vo (2) single family structures of a
high quality, low-ri_se narure; and,
IfHEREAS, the planning alld Environmental Commission has
revierved said amendEent to Special Development District 4 atd
recommended its approval; a.nd
i{HEBEAS, the owner of Lot 39 ,qnd the developer of the cleo
tyon subdivision have agreed to the,conditions and linitations
placed upon the division of said. Lot into trvo (2) separate Lots;
and,
NOW, TSEREFORE, BE IT RESOLVED BY TI{E TO\TN COUNCIL OI, TIM
TOWN OF VAIL, COLORADO, THAT:
. Section 1, Lot 99 of the Glen Lyon Subdivision, a part of
Spe.cial Development District 4, shall be clj.videci into two (2)
resideltia1 lois in accordance with the llaster plan thereof.
. ' Section 2. The }laster Development plan for Lot 39 and. the divisiou thereof is hereby approved and tbe d.evelopment of sal.d .divtded Lot 39 shal1 be in accordance with the within approved
llaster Developmen plan and conditions herein imposed.
f s?
Section 3. {lhe maximum height of buiLdings on Lots 39 (A)
and 39 (B) of the Glen Lyon Subdivision, as herein approved, sha.lI
be trventy five (25) feet as determined in accordance vith the a---
applica.ble provisions of the Vail Zoning Code.
Section 4. The maximum alIowable gross residentiaL floor
area (GBFA) on tots 39 (A) and 39 (B) of the Glen Lycn Subdivision
as hereln approved, sha11 be flirty one hundred (3100) square feet
each,
IN?RODUCED, READ, APPROVED AND ADOPIED THIS 16TH DAY OI'
FEBBUARY, 1982,
Col-l-een KLine, Torvn CIerk
- --"(
-\l
I'IEM0RANDUI''l
TO: Planning and Environnental Comrnission
FROM: Departrnent of Community Devel opnent /Peter Patten
DATE: February 1, 1982
SUBJECT: Two anendnent Tequests for Special Developnent District 4:-
Cascade Village/Glen Lyon. Applicant: Andy Norris
Andy Norris is requesting t\,ro arnendrnents to Special Developnent District 4.
One is fior atea A of the District-.Cascade Vil1age, to a11ow the parking structure/
athleti.c club building to encroach into the exterior property line setback.
The second.request is to al1ow Lot 39 of Glen Lyon Subdivision (Area C), an
existing 2.48 acre prinary/secondary lot to be resubdivided into two single fanily lots.
I. AMENDMENT REGARDING PARKING STRUCTURE SETBACK
A. IlE_$auESr
The request is to allow the relaxation of Sections 18.46.I00 Setbacks
with regard only to this building and f8.46.170 Parking of SDD4 so that
the building containing the parking structuTe and athletic club can
be constructed to within 2 feet of the northern property line, abutting
the South Frontage Road, rather than the required 20 feet. The Parking
section dictates that no parking sha1l be located in any front setback area. Tire proposal is for gtfgglglggn.l parking to be so located. The
reason for this request at this time is an earlier overgight in the original Master Plan for Cascade Vi11age.
B. BACKGROUND
The original Master Plan was approved as a basic guide for placenent of each structure, but was not a detailed design for each individual building, Indeed, ninor adjustrnents in the placing of each structure naturally has occurred at the Design Review Board level.. In terms of
the parking garage and athletic cLub, the master plan simply did not
alLow for adequate room for a full size viable tennis court facil.ity with regard to the north-south dimensions as restricted by the existing road. As the Cascade Village project progresses according to the adopted Itbster Plan and reguLations contained in SDD4, each building site is restricted by such gi.vens as buildings both existing and planned, xoads,utility Locations, etc, This piece of the r,puzzle"--the parking structure
and athletic club--has simply been squeezed into the exterj.or property
setback by sone of these restrictions, a situation not envisioned, of course, in the 1979 Master Plan.
,r7,
o
Cascade Vil I age -2- 2/l/82
IMPACTS OF TI-IE PROPOSAL
The building is proposed to be located 50 feet from the existing pavement of the South Frontage Road, except where the new right turn lane will be located, the structuxe will be 45 feet away from the pavenent, As
one travels west on the road the grade changes so that one experiences less and less of the building impact the further west one gets. The building is 12 feet high at eave line on the north elevation with approxi-
mately a 6 in 12 roof pitch, The roof material proposed is a gray metal sinilar to the Millrace condominium roofs, ,No unsolvable problerns exist with regard to utility locations, A substantial landscaping proposal
with a large anount of evergreen trees is proposed for the area between the building and the South Frontage Road, It is highly unlikely that
7 the South Fxontage Road will be expanded to four lanes due to physical
(grade on the side of the road) and traffic amount factors.
The conclusion fron the above facts indicate no significant negative factors in moving the building close to the property line. lilaintaining
50 feet fron the road is a sufficient "breathingr distance for snow
removal, minor road improvenents (widen shoulders) and visual proximity.
A physical hardship exists in the givens of nandatory design criteria (tennis courts) and the existing road and adjacent buildings.
RECOTEGNDATION
The Departnent of Comrnunity Development recommends approval of the atnendment to sdd4 allowing the 1:arking structule/athletic club to encroach lB feet
into_ the north property setback and to qualify the requirerrent of no parking in the front setback to apply to parking other than entirely rmderground.
The staff feels that there are minimum impacts of this amendnent due to the large distance to the road surface. 'I'he building is designed to rnitigate visual impacts on the north side, and the landscaping should provide a viiual screen,, further improving the aesthetics of the site developrnent. we agree that the setback exception should be made only for this buiiding, r*ith ihe provision that other underground parking could be located within required exterior setback areas, subject to Design Review Board approval .
II...DIVISION OF LOT 39 . GLEN LYON SUBDIVISION
ru_sBgEsr
Lot 39 of Glen Lyon subdivision (Areaic of sDD4) was created with the original approval of sDD 4, The duplex lots are deveLoped basically in accordance with primary/secondary deveJ"opment regulations. The 1ot currently contains 2.48 acres of total site area., and the proposed division
would easil-y meet the requirement in the single Fanily District of contain-Lng 12,500 square feet of buildable site area. proposed is to have
two lotsr. one of.888 acre and one of 1.48 acres, while dedicating to the town .115 acre of land along Gore creek. The stream tract proposed to be dedicated is adjacent to property already o*ned by the tonn itrrough a previous dedication.
A.
o
Cascade Villagc -3- 2/L/B?
Mr. Norris is proposing and wilr conrnit to a naster plan for the develop-nent on these two lots.- He proposes two low-rise (1 to 2 story) luxury single family homes with extensive landscaping and water features. He requests that each house be allowed 3100 square feet of Gross Residential Floor Area and will restrict the houses to a 2s foot height linritation.
B. IMPACTS OF REQUESI
Currently, the lot could be developed into a duplex r.rrith a rnaximum floor area of 4200 square feet. This is the covenant restriction of which the town is a co-signator, and consequently, enforcer. The.proposal
r./ould increase the allowable GRFA by 2000 square feet to 620-0 sluare /feet total
visually, the site is quite open and contains onry one tree, a large evergreen lying very cl0se to the proposed conmon 10t r.ine of the two new lots. Thus, any developrnent on the site will be readily seen by passorsby on the south Frontage Road and r-70. Dividing tnl rot an'd accepting the development plan allows two separated structures of a low profile nature, but covering more of the site than under present restrictions. The 25 foot height limitation reduces by approxinately ten feet the allowable height of thc structures which touii be built rmder current regulations, The devclopment plan reflccts a very high quality design of structures and their surrounding grounds, andwouid assure such high quality if the anendment is approved.
Access for the new easterly 1ot would be provided by an access easenent on the northern side of lot l. The access drive would be heavily planted on the north side to reduce the visual impact from the north.
In sunrnary, the result of approval of the requested anendment is that developnent of a larger -portion of the sit.e would occur, but the d.eveloprnent would be of a guaranteed high quality with minimal negative visuaL impait,
c. \xEcot\o{ENDATION
The Departrnent of corrununity Development recommends approvar of the proposed division of Lot 39 into two single farnily lots with the condition that-each residence be restricted to 2100 square feet of GRFA. lte feel positive
about the devel opment plan proposed, but we consider an increase of
GRFA of 2000 square feet to be excessive and a grant of special privilege.
lhere- is no special circumstarrce or hardship involved in -the request for the extra GRFA, and we feel that we must be consistent in jridging
such requests. Thus, we reconnend approval of the amendrnent requistea uith a revised developnent plan reflecting a maximurn GRFA for each residence of 2100 square feet,
ORDINA}ICE NO.20
Series of 1990
Al[ oRDINANCE AI4ENDING ORDTNANCE NO. 10, SERIES OF 1990,
SPECIAL DEVEI.OPIIENT DISTRICT NO. 4,
SECTION L8.46.100 C, DENSITY FIOOR AREA, AREA c
CI.EN IJYON DUPIJEX TOTS TO PROVIDE FOR GROSS RESTDENTIAIJ
FLOOR AREA TO BE CALCULATED PER THE REQUIREI,IENT oF TIIE PRIMARY/SECONDARY ZONE DTSTRICT SECTION 1S.l-3.080 DENSITV CONTROI.,; AND SETTING FORTH DETAILS IN REGA8D THERETo.
WHEREAS, Chapter 18.40 of the vail Municipal Code authorizes
SpeciaL Development Districts vithin the Tovn; and
WHEREAS, the Town Council aFproved Ordinance No. LO, Series
of 1990 Special Developroent District No. 4 Cascade Village; and
WHEREAS, a najority of the property owners within Area C,
Gl-en Lyon Subdivision of Specj.al Developnent District No. 4 have
requested to amend Section LA.46. LOOC of Special Developnent,
District tio . q ,. and
WHEREAS, the Planning and Environroental Commission has
recomnended that the Gross Residential Floor Area for puplex l-ots
vitbin the GIen Lyon subdivision be calculated per section
18.13.0s0 of, the vaiL uunicipal code; and lD/S -q""tr/' C.*[+Q
WHEREAS, the To$rn Council considers that it. is reasonable.
appropriate, and. beneficial to the Tor.rn and its citizens,
inhabitants, and'visitors to aruend ordinance No. 10, Serj,es of
1990 to provide for this change in Special Development District
No. 4. Cascade ViJ.lage, Area C Glen Lyon Dupl-ex Subdivision,
NOW, THEREFORE, BE rf ORDATNED By ?HE TOWI{ COUNCIL Or T}iE
TOtrN OF VAII,, COLORADO, AS FQTLOWS:
section L
All the procedures required for a Uajor amendrnent to an SDD as
set, forth in Section 18.40.100 have been conplied vith.
Section 2.
Seceion 18.46.L00 Paraglaph C, Density Floor Area, Area C, clen
Lyon duplex lots is hereby anended by the deletion of the
following sentence:
"l{o residentiaL }ot shalL contai.n more than 4200 sq,
ft. of GRFA per the clen Lyon subdivision covenants.tt
Sect+on 3.
If any part, section, subsection, sentence, clause or phrase of
this ordinance is for any reason hei.d to be invalid, such
decision shall not affect the validity of the renaining portions
of this ordinance; and the Town Council hereby d.ecLares j.t would
have passed this ordinance, and each part, section, subsection,
sentenc-e, clause or phrase thereof, regardless of t.he fact that
any one or inore parts, sections, subsections, sent.ences, clauses
or phrases by declared invalid.
t
o
Section 4.
Ttte rolrn council" hereby finds, deternines and d.ecrares that this ordinarce is necessary and proper for the health, safety and
ueLfare of the Town of VaiI and inhabitants thereof.
Section 5,
The repeal. or the repeal and reenactnent of any provisions of vail Municipal code as provided in ttris ordinance shar.r not affect any right vhich has accrued, any duty irnposed, any violation that occurred prior to the effective date hereof, any prosecution connenced, nor any other action or proceeding as
connenced under or by virtue of the provision repealed or
reFealed and reenacted. The repeal of any provision hereby shall not re.vive any provision or any orClinance previously repealed or
superseded unless expressLy stated herein.
Seetion 6-
All bylatrrs, orders, resolutions and ordinances, or parts thereof,inconsistent here!"ith are hereby repealed to the extent onry of
such inconsistency. This repealer shalL not be construed to
revlse ahy by1a1,/, order, resolution or ordinance, or part
thereof, heretofore repealed.
INTFODUCED, REID AND PASSED ON FIRST READING THJS 3rd
July , l_990, and a public hearing shatl be hetd
ordinance on the 3rd 66" of July , 1990 at
in the Council Chambers of the VaiL Munlcipal Building,
on this
?;30 p.n.
Vail,
Colorado.
ordered published in full this 3rd 6ay 61 July
jianera A. Brandmeyer, Town Clerk
rNTRoDucED. READ AND APPROVED oN EEcoND READTNG AND ORDERED PUBLISHED hy rir're on.ry this IZLL day of ..,;;; -'---'-l *So.
ATTEST:
ATTEST:
Brandmeyer,
Pamela A. Brandrneyerd,
I.
TO: Planning and Environmental Commlssl-on
FRoM: Department of community Development
DATE! ;Iune 11, L99O
suBJEcT: A major amendment to Speciat DeveJ-opment District No.
4-Cascade Village, Area C, Sectj-on 1-8.46.LOO, Paragraph C: del-etion of the following sentence rrNo residential
tot shall contain more than 42OO square feet of GRFA per the Glen Lyon subdivision covenantsrr, which amends
the GRFA requirement to conform to the
Prirnary/Secondary zone district, Section 18.L3.08o,
DensitY Control .
Applicant: Greg Amsden for 758 of the property ol,rners.
DESCRIPTION OF THE REOUEST
The applicant is requesting a najor amendment to Special
Development District No. 4, Cascade Village. The request is
to delete the requirement which states trNo residential Lot
shatl contain more than 4200 sq. ft. of GRFA per the GIen
L,yon Subdivision covenants.tr The amended code will read
ItcRFA shalL be calculated for each lot per Section
18.13.080, Density Control A and B for the pr secondary
district of the Town of VaiI Municipal Code.
Because.-of
the lot sizes, the amendnent will allow 4O of the 51- duplex currently allowed lots to increase their GRFA over what is
by the sDD No. 4 density requirements. However, thesa lots will not be granted.more than what is al-Iowed under the
Townrs density control for Primary/Secondary lots. The
applicant is not requesting any other changes to the
development standards.
rT. BACKGROUND
At the tirne that SDD #4 was adopted, the GRFA definition was in the process of revision. By putting a rnaximun GRFA in
the density requirement for the SDD, the devel-operrs intent
was to lock in a specified GRFA allowed for the l-ots. This
was intended to protect against future changes in the
interpretations of GRFA. The ceiling, however, became a restriction for the GLen Lyon property owners, as the GRFA
requirements did not become more restrictive (as the
developer had anticipated). Jim Rubin, the Community
Development Departrnent director at the time of the original
adoption, confirms that the GRFA maxinum waa initiated by
the developer to guarantee the GRFA for GLen Lyon lots.
*
The applicant has received signatures from 76.07* of the property owners approving the change in the GRFA
requirement.
The amendnent will not include Lot 53 (Coldstrean). The
amendment will only affect duplex lots located Ln this Area
III. SPECIAL DEVELOPI.{ENT DTSTRTCT CRITERIA
Section 18.40.080 of the zoning code sets forth the
fo1lor,'ring design criteria to be used in evaluating the merits of a Special Development District. ft is the burden
of the applicant to demonstrate that submittal material and
the proposed development plan conply with each of the
following standards or demonstrate that one or more are not
applicable or that a practical solution consistent with the public interest has been achieved.
A. Desiqn compatibilitv and sensitivitv to the irnnediate
environment, neiqhborhood and adjacent properties
relative to architectural design. scale, bul-k. bulldlng
heiqht, buffer zones, identitv, character, visual
inteqritv and orientation.
The granting of the request will allow for an increase of the allowable GRFA for rnany of the duplex lots located in the GIen Lyon Subdivision. Currently the Iots are regulated by the density reguirements for
Primary/Secondary zoning with a maximum atl-owable GRFA
of 4200 square feet. 40 lots in Glen Lyon are restricted by this rnaximum. It is important to
recognize that by deleting the rnaximum for GRF'A, they will only be allowed to build what is allowed under
Section l-8.1-3,080 which regulates the GRrA on all
Prinary/Secondary lots. The mass and buLk of the buildings will increase in comparison to srhat wouLd be
al-Lowed with the 4200 sq. ft. of GRFA rnaximum due to the increase in allowable GRFA.
Uses, activitv and densitv which provide a conpatibl-e,
uses and activity.
The request will have no effect on the uses or
activities of the area. The application will have no effect on the number of units in the subdivision. It
B.
will increase the mass and bulk of the buildings
because the all-owable GRFA wil} be increased.
The following is a chart depicting the range
additional GRFA that woul-d be allowed f,or a
lots l
of
number of
c.
D.
# of Lots
L1_
18
Lo
5
6
Additional GRFA
o L-25O sq. ft.
250-5OO sq. ft.
500-750 sq. ft.75O+ sq. ft.
ComtrLiance rllith parkin€r and loadinq reouirements as
outlined ln Chapter L8.52.
off-street parking shall be provided as stated in the
SDD ordinance. This would require dweJ.Ling ,units wlth
up to 2,OOO square feet of GRFA to provide 2 parlcing
spaces, and dwelling units over 2rOOO square feet to provide 2.5 spaces per unit. These are the Etandard
Town of Vail parking requirements.
conformity with applicable elements of the Vail
comprehensive PIan, Town poLicies and Urban Desiqn
Plans.
The application does not request any additional GRFA
other than that which is allowed on other comparable
Prinary/Secondary lots in the Tovtn of Vail. There are
no planning studies that relate directly to this
request.
Identification and mitigation of natural and/or qeoloqic hazards that affect the propertv on hrhich the
special developnent distfict is proposed.
Geologic hazards wil-l- be identified and rnitigated as
reguired by Section 18.69 Hazard Regulations of the
Town of Vail Municipal Code.
site pLan, building design and location and oBen space provisions desl-gned to produce a functional deveLopment
responsive and sensitive to natural features,
vegetation and overall aesthetic crualitv of the
conmunity.
The only element of the above criteria that will be affected by this reguest is building design. By
E.
F.
deleting the 4200 square foot maxlmum, the mass and
bulk wiII be increased over what is currently aLlowed
in the subdivision. However, the mass and bulk of the
structures will be no more than what is aLloued on
other comparable Primary/Secondary lots in other areas
of Vail.
A circutation systern designed for both vehicles and
pedetrians addressinq on and off-site traffic
circulation.
There will be no change to the circulation systerr.
Since there will be no increase j-n densl-tyr there are
no expected increases in use that would require a
change to the circulation system.
Functional and aesthetic landscapinq and open space in
There witl be no change to the existinE landscaping and
open space p1.an. Individual lots wiII be requJ.red to
Iandscape 608 of lots as per the Section l-8.46.1-70 -
Landscaping of SDD #4.
I. Phasing plan or subdivision plan that wj-Il rnaintain a
workable, functionaL and efficient relationship
There will be no effect on the phasing or subdivision plan. 23 of the 5o lots involved have ej-ther existing
homes or are under construction. No additional- lots
are proposed with this application.
IV. DEVELOPMENT STANDARDS
AII devetopment standards fof SDD# 4 are very site specific.
For Area C, development standards including height,
setbacks, site coverage, parking and Landscaping are in
accordance with the requirements for the Prinaryr/Secondary
zone district. This request would al1ow the Area C density control (GRFA) to be in accordance with Section 18.13,080 of
the VaiI Municipal code.
G.
H.
v.STAFF RECOM},IENDATION
staff recommends approval of the request to delete the
statement that ItNo residential Lot shall contain more than
420o square feet of GRFA per the Glen l-,yon Subdivl-sion
covenantsrr as stated in Section 3.8.76.1Oo of SDD #4
ordinance #L0. series of 1990 as applicable to Lots 1-38 and
40-52. The staff feels that this restriction was ,used as a
means of guaranteeing GRFA to the GLen Lyon lots and
instead, the maxLmum became a restriction. We feel that the
deletion of the maximum will have no negatlve. Lnpacts on the
surrounding properties. The amendment will atrlow the above lots to be controlled under the density requ that
5
I
+at
w.lY
COLDSTREAM
55
UNPLATTEO
\
I T.?Hsilk
AN ORDINANCE REPEALINGAND REENACTING ORDINANCE NO.7, SERIES OF.Ig93. TO pRovtDE oHANGETS-TO AREA A REOUIREMENTS FOi bpD iiio:;. '-"
THAT CONCERN THE DEVELOPMENT PLATVS FOi TFiE WESTHA'GN i6}.iOOUrrurUr.,rS
o*o r',-ffit$?Tfi 'oo#ol,l3f#"t$^"Jfr"=*.ro.
- - -'-
*HEREAS, Gerard wuhrman has requested an amendment ro the existing speciar
Development Disfrict No. 4, fuea A; and
WHEREAS' the Planning and Environmental commission has recornmended that certain
changes be made to Special Devetopment Disrict No, 4; and
WHEREAS, fie To^,n Councit consftlers that it is roasonable, appropriab, aftl beneficiaj to
the Tonrn and iF citizenq inhabihnts, and visitors to repear and reenact ordinance No. 7. series of
1993 to provide for such changes in speciar Developrnenr District N0.4, cascade viflege.
NOW, THEREFORE, BE TT ORDAINED BY THE TOI,\'}I COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
ordinance No. 1, Series of 1gg3, is hereby repeared and reenacted, as fo'ows:
The appfovaj procedures described in chapter 18.40 ot the vail Municipal code have been
fulfilled, ard ttE Town courril has received fie recommendations of the planning and Environmental
Commission for an amendment to the development plan ,or Special Developmefi DistriA No. 4.
speciar Deveropmenl District No, 4 and the deveropment prans thefefore, are hereby
approved for the development of special Development District No- 4 wlhin the Tq{un of Vail.
section 3 chapter 18.46 speciar De\reropment District No. 4, cascade viilage, is hereby
repealed and re-enac,ted with amendments to read as follows:
18.46.010 purpose
special Devetopment Disfict No' 4 b established b ensure conFrehensive development and
use of an area in a manner that wilr be harmonious wifi the generar character or the Town, provide
adequate open space and recreetional amenities, and promote the objectives of the Tourn of vail
comorehensive plan. .srnciar De.vdoffnenr Di.t i|.J Nn d. ir..rc?rarr,ft e4sxre liet {,!i de..,:r9F=:i:
density will be relatively low and suitable for the arca and the vicinity in which it is situated, the
deveropment is regarded as comprementary to the Torn by the To,vn councir and the pranning
commission, and because there are signmcant aspecb of the special Developrnent Disrict rvhtch
cannot be satisned hrough the imposition of standard zoning districts on fte area.
tc ri!&
F lr
s
-(c,:t
t
18.46.020 Definitions
For the purposes ol this chapter, the tollowing definirions shall apply:
A. 'Speciel attraction" shall b€ defined as a museum, seminar or research center or
performing arts theat€r or cultural center.
B. 'Transient residential dwelling unit or rest.icted dwelling unif' shalt be defined as a
dwelling unit located in a multi-family drvelling that is managed as a short term rental in whicfr
all $uch units are operaled under a single management provirling the occupanls thereof
customary hotel soMcss and facilities, A short term rental shall be deemed to be a rental
lor a period of time not to e)a€ed 31 days. Eacfi unit shall nol exce€d 64s square teet ot
GRFA wfiich shall irlclude a kibhen having a maximum of 35 square teet. The kitchen shall
be designed so that it may b€ lockcd and s€parabd from the rest ot the unit in a clos€t, A
transient dwelling unlt shall be accessible from common conidors, walks, or balconies
$ithqJt pagsing thfougi anoher amornmodalion unit, dwelling unit, or a transienl residential
durslling unil. should such unlts be developed as condominiums, they shall be restricted as
sel torfi in chapter 17.26 condominiurm and conclominium conversions. The unit shall not
be used aE a permanent residence. Fractionat tee ownership shall not be allowed to be
aFFli€d to transient dwelling units. For lhe purposes of determining allowable density per
acre, transbnt residential d,r'relling units shalt be counted as ong half of a dwellirp unit, The
transient residental dwelling unit parking requirement shall be 0.4 space per unit plus o.l
spac€ per each 100 Equare teet 0f GRFA with a maximum of I .0 space per unit.
18.46.0:10 Established
A. S€cial De\relopflrent Disr'Et ll,o. 4 is established for the development on a parcel of
rland comp|bing 97.955 acres as more partidiarty described in the attached Exhiut A.
$pecial Development Dlstrict No.4 and th8 97.955 acres may be reterred to as "sDD No.
4-
E. The district shall consist of tour separaie development aress, as idenlified in this
ordinance consisting ot the tollowing approximate sizes:
Area Knovrn As Developmant Area Acreage
Caecade Vil.Iage
Col, d! trea.R Condc'miniurns
GIen Lyon Duplex Lots
Glen Lyon Conmercial Slce Dedicated Open Space
SordE
TOTAIJ
A 1?.955 B 4.000 c 29.100 D -- 1.800
40-400
4 - ?00
97.955
18,4€,040 Developmentplan-RequirerFApproval procedure
A. Each (h!'elopment area with the exception of Developrnent Areas A and D shall. be
subj€ct to a sir€le developmeil plan. Development Area A shall be allowed to have two
clevel@m8nt plans lor ihe cascade club sile as approved by the Tom council. The
waErknd and comerstone sftes shall b€ allorfled one developrnent Flan each, Development
Ama D shqll be allo^,€d to develop per &e aFproved phasing plans as approved by the Town
councll. The developer shall have the right to proceed with the devetopment plans or
scgnarios ns defined in Section i8.46.109, 1-4.
B' Amendmenrs to sDD No. 4 shall comply with the procedures oudined in section
18.40.
c. Each phase of dovelopment shall require, prior to issuance of building permits,
appro\r8l ol he Deshn ReviEw Board in accordance with applicable provisions of chapter
18.52.
18.46.050 PermittedUses
A. Area A. Caseade Village
r. Firsi froor commersiar uses shafl be rimited to uses risted in 1g,24.030 A-c.
The "firs fl00r' or "sueet bver shall be defined as that floor of the buildirE that is located at
grade or street level;
2. All otlrar floor levels besitles first floor street level may include retail, theater,
fesuu,Ent, 8nd office except that no protessional or hrsiness offce sha be located on streel
level or first floor (as defined in section 19.24-0s0 A ol the Town ol vail zoning code in Area
A) unless il is clearly accessory to a lodge or educational institution except tor an office
sp6ce having a maximum squars footage of 925 square teet located on the first floor on the
nor&west comer ot fi€ Plaza Conlerence Center building;
Lodge;
Multi-family dwefling;
Slngle Family dvrelling;
Two-Family diyelling;
Transient residential dwelling unit;
3.
4.
5.
6.
7.
8. Emptoyee dwelling as defined in Section 19.46.220;
S. Cascade Club addiilon of a lap pool or gymnasium.
B. Area B. Coldstream Condominiums
1. Two-familydwelling;
2. Multi-familydwelling.
C. Araa C- Glen Lvon Duolex Lots
1, Single family dweling;
2. Two-tamilydwelling.
D. Area D. Glen Lvon Commercial Slte
1. Retail;
2- Resburant and bar;
3, Business and professional oflices;
4. Multi-familydwelling:
I 5. Employee dwetting as defined in Section 19.46.A20.
18..18,060 ConditbnelUses
conditonal uses shatl be reviewed per rhe procedures as outlined in chapter 1g.60 of the
Town of Vail zoning c!de.
A. . Area A. Cascade Villaoe
1. casciae oub addfion or a wertness center not to exceed 4,s00 square feet.
. 2; Fractionar fee awnership as defined in the Tourn of vall Municipal code,
sec$on r8.04.13s shall be a conditional use for dwelling units in the westhaven
mufti-famity dwellings. Fracuonal lee ownership shalt not be applied to restricted
employe€ dwelling units or transient residentiat dwelling units. ownership intervals
shall not be less than five weeks.
3, Special attraction;
4- Ski tifrs:
5. PuMc park and recreationat facilities;
' 6. Mahr arcades wfth no lrontage on any pubtic way, street, waltfl/ay or mall
aft!4.
Area B. Coldstream Condominiums
1. Public pafi and recreational facitities;
2. Ski tifrs.
C. Area C. Glen Lyon Duplex Lots
l. Public pa]k and recreational facilities;
2. Ski lifls.
O. Aree D. Glen Lvon Commercial Sile
, | . l/idotre$€ry as defined in To^,n of Vail Municipal code, S€ction 18.04.253,
l8.ift'.070 Acressoryuses
A. fuea A. Cascad€ Village
1 . Minor arcade.
Z. Home occupations, subject to issuance of a home occupation permit in
accordance with fie Frovisions of Sections 19.59.130 through 1 B.Sg.l gO.
S. Attrched grarages or carpofts, privete greenhouses, swimming pools, tennis
courts, patios, 0r other recreational facililies customadly incidental lo permitEtt
resHential uses.
' . 4. Ofier usei customafily incldentel and accessory to permitted or conditional
uses, and necessary for the operation thereol.
5' Swimming poors, tennis courts, patios or ofier recrearional tacllit'res
customarily incidental to permitted or conditional uses, and necessary to the
operation ther@f.
B- Area B. Coldstreem Condominiums
l. Home occupttions, subject to issuance of a home occupation permft in
accordance with the provisionsot Sections 1g.Sg.i30 through 1g,5g.190.
2- ilrttaded garages or carports, private greenhouses, s'vimming pools, tennis
courls, patios, or other .ecreational facilities customarity incidental t0 permitted
. residendal uses.
3. O$er uses customarily incidentar and accessory to permitbd or conditional ,
uges, and ne@ssary for the operation thereol
4- Swimming poors, tennis courts, patios or other recreSti0nar racirities
customsrily incidental to permftted or condilional uses, and necessary to the
meratlon thereot
C, Area C. Glen Lvon Duplex Lots
1. Home occupqtions, gubj€ct to issuance of a home occupation permit in
accordance with he provisions of Sections 18.Sg.t g0 tnrough 1 g.Sg.1 90.
2. Attachql garages ar caForts, private greenhouses, swimming pook, tennis
',.-...'-....
courts, patios, or other rccreational facilities customarily incidentrat to permitted
resldential us$.
3, Other uses cusbmarily incidental and accessory to permitted or conditional
use6, and neces$ary for the op€ration thereof.
D. Area D. Glen Lvon Commercial Site
1. Home occupations, subject to issuance of a home occupation p€rmit in
accofttance with lhe provisions of Sections 18.58.130 through t 8.58.190.
2. Attached garages or carports, private greenhoulies, swimming pools, tennls
courF, patios, 0r other recreational tacilities customarily incidental to permitted
residential uses.
3. Odter uses cNJstomarily incidental and accessory to permitted or conditional
us€8, and necessary for lhe operation thereof.
4. Minor arcade.
18.46.080 Location of Fusiness Acfivitv
A. All offices, businesses, and seruices permitted by Sections 18.46.050 through
18.48.070 shall be operated and conducted entirely wifiin a building, except tor permiued
unencloEed parking or loading areas, and the outdoor display of goods.
B. The area to be used for.outdoor display must be localed directly in tront of the
establishment displaying the goods end entirely upon the establishments own pr@erty.
sldewalks, building entances end exiF, driveways and slreets shall not be obstructed by
oudoof display.
The nutnber of dwelling units shall not exceed the follovring:
A. Aree A. Caseede Village
In Area A, a minimum of three hundred fifty-two (352) accommodation or rarcient
dwelling unib and a maximum of ninety-four dvelling units as defined by the tables in
SB€tion 18.46.103 for a totat density of two hundred seventy (220) ctwelting unns.
B. Area B. Coldstream Condominiums
Sixtvjftve {65) durHllinn tnils
C, Area C. Glen Lyon Dqdex Lot6
One{rundred four (104) dwelling units.
D. Area D. Glen Lvon Commercial Sim
ThrF rlnelling unirs, tun of whi$ shall be efiployee du/elling units as defined by he
table in Section 18.46.103F.
18..06.100
A. Area A. Cascade Village
The gross residential lloor area (GRFA) for all buildings shall not exceed agg,l4!i
square het.
B. Area B. Coldstream Condominiums
Sixty-tive ftousand square feet (65,000 s.t.) GRFA.
C. Area C. Glen Lyon Duolsx Lots ;
GRFA shall be calculeEd lor each lot per section 1g.1s.080 density control A and
B for the Primaryl$econdary disrict ot the Town of Vail municipat code.
D. Ar€a D. Glen Lyon Commercial Site
The gross residentiar floor area for the two emproyee dwelling unih shafl be 79s
square feet and 900 square feet respectively. The gross residential floor area tor fie free
mail(et dwelling unit shall be 1 ,630 square feet.
A. Area A. Cascede Villaoe
Area A shall nol exceed 35,699 square leet of commercial area. commerclal uses
irxJude retail, otrEe, th6ater, resurirant uses risted in section 1g.46.0s0 A-1, and the special
altraction use.
B. Area D. Glen Lyon Commercial She
Area D shall not e,ceed 16,730 square feet of.office for phase l, lA & ll or 15,5&4
sguare f8€t ot offic€ for Phase lil per the approved development plans. The micrGbrewery
and associated uses shall be constructed per he approved development plan.
18.46.103
Commercial Site
GIIART 1: Ar6a A Completed Prciecrs
th€ Fl.pG€6 ol c€lDular g GTFA tor pErDd
,or oadl onalosed Fqrldng space, p€r Sectior t 3.46.AlO(oXEXi)
no credfis shall b€exc€pt for 300 to b€ ollotred
CMRT2:
PROPOSED PROJECTS
fdpb}ta Lffi! |hdt ior Go(ltt loNard dorsry or GRFA to. ttta Amor. ol thi9 gro
-Flaa q|E. tas rbdy b€€F co{fled lor . tqrr p.rl*lt ,!$i.gmen. lh. nfl p| *hl r.quioflBit b b.s.d orl fir diflar€ml bsry.fi tha tR||tr
rtd ofic| !|r*trg ,rqiltfillB
{.[C f',c rfrr tithr 6$-ry.nd aqfi'|.dJ tFce aoenaric.
;(l
CHARTS:AFEA A
REQUIRED PARKING
I
l
l
P8l|(lr€ for Corpleted Projects per Chart 1 in
Cas.cadF Parking Structure
Parking Spaces
42e.7
Fropoied Pmjec{s W req. parking in the
Cascade Paikng Structlre:
Scenario 1 - Wellness Center
OR
Scenailo 2 - Gyrnnasium
Plaza Otfic€
22.5
0.0
.07
Subtotal /t49.9
l€ss 17.5% MixE+Use Credit -78.7
Total Required Psking at Build-Out of Area A
in Cascad€ Stucture 371.2
Existing Pa*lng in Cascade Sfucture 421.0
Requirsd Pad{ng in Cascadd Structure at
tsuild€ut of Area A
Wilh 17,5% rnixed.use cr€dit 371.2
10
18.46.104 E€velopmentPlans
$iE speciffc developnr€nt plans are approved tor Area A and Area D. The developmeil
plen6 for Area A are comprised ol those plans submitted by Vail Ventures, Ld. and othEr
denelopers. The d€wlopment plans for Area D are comprised ot hose plans submitted by the
Glen Lyon Oilfce Building, a Colorado Pannership. The following documenb comprise the
dsvelopment plen for the SDD as a whol€, Waterford, Cornerstone, Cascade Club Addition
scenatio 1 and 2, Millrace lV, and Area D-Glen Lyon commercial site and is not all inclusive:
t. Waterford, Sheet #L-2, dated 1 l-12-92, Landscape plan, Dennis Anderson.
2. Waterford, Sheer#1.1, dated 11-19-9A, Site/Grading plan cwathmey, pratt,
SchulE.
3. Waterlord, Sh6et #2.1, dated I t-t&92, plan Level gB/49, 9,, Gwathmey, prat,
4. Waterrord, Sheet #2.2, dated 11-19-92, plan Level 48.-6.y83,-0,,, Gwathm€y, pratq
Sdlultz-
5. Waterbrd, Sheet#2.3, dated 11-13-92 ptan Levet 59,{/64'-9'by Gwathmey,
Pratt, SchulE.
6. Waterford, She€t#2.4, dared 11-4-92, plan Levet 69'-6"t4'-9', Gwathmey, pratt,
S€hu|a.
7 . Waterford, Sheet ,f2"5, dated 1 1-1&92, ptan Level 90.-0'/gE .g,, Gwethmey, pratt,
Scfrultr.
8. Waterford, Shest #2.6, dared 11-1g-9A, ptan Level 90,-6- Gwarhmey, pratt,
SdtulE.
S. Watorford, Sheet #e.7, dated I t -19-92, ptan Level 101 -0,' Gwathmey, pran,
10. Waterford, Sheet #2.8, dated 1 1-19-gA, ptan Level 11 1'-6,, Gwathmey, pratt,
Sehulte.
1 1 . Waterford, Sheet #2.9, dated 1 1 -13-9A, plan Level 1 22 -0,' Gwathmey, pratt,
12. Watertord, Sheet#2.10, dated l2-i4-g2, Roof plan Alt Levels Gwafrmey, pratt,
ScfiulE.
13. Watefiord, Sheettr3.1, daEd ii-13-92, Elevailons Gwathmey, pratt, Schultz.14. Watedord, Sheet #3.2, dabd 11-19-9A, Elevalions, Gwathmey, pran, Schultz.'t5. waterford, sheet #4.1, dated 114-92, sections Gwa$mey, pratt, schulE.
1 6. Wetertord, Sheet tH.2, dated 1 1 -4-9A, Sections, cwarhmey, pran, Schulrz.17. Wa&rfod, Sheet #,{.3, dated 1 1 -4-92, sections, Gwathmey, pratt, schulE.18- Waterf,ord, Sneet #9.1, dated t0-20-g2, Unit plans Gwathmey, pratt, SchulE.19. Watertord, She6t #9.2, (|aEd 10-2$9A, Unit ptens, Gwartrmey, pratt, ScirulE.20. Waterford, Sheet #9.9, dated 10-AG9Z, Unit ptans Gwathmey, pratt, SchutE.21. Waterford, Sheet*9.4, dat6d 1GA0-92, Unh ptans, Gwathmey, pratt, SchutE.
2?,. Warerford, Sheer*g.S, dated 1$,A0-92, Unir ptans Gwatnmey, pratt, SchutE.e3. Come*bne, Sheet#L-1, dated 11-ig-92, Landscape plan Dennis Anderson.24- comerstone, sheet #1, daF,d 12-21-92, cascade viilage Ma$er pran Gwafimey,
Pratl SchutE.
95. Comer$one, Sheet tfA, dar6d 1A-A9-92, Ftoor plans Gwathmey, prat, SchulE.
11
26. Cornerstone, She€t #3, dated 12-29-92, Floor Plans, Gwathmey, Prau, SchulE.
ScfiulE.
n . Gornerstone , Sheet #4, dared 1 2-2 1 -92, ElBvations Gwathmey, Prat, SchulE.
28. Comerstone, Sheet #5, dated 1 I -13-92, Site PlaniGradingPtan, Gwafrmey, pratt, . .
Schultz.
29. Cascade Club Addition Site Plan, Roma, 10/10/88.
30. Cascade Club Floor Plan, Roma, 10/10/88.
31. Millrace lll, Sheer *1 , dat€d t6/93, Site plan, Steven James Riden.
42. Millrace lll, Sheet#2, deEd 4/t3/93, Ftoor Ptans for Singte Famity Residence,
Steven James Riden.
3:1. Millrace lll, Sheet #3, dated 5/6/93, Etevations lor Single Family Residence,
StFvsn Jame$ Riden,
34. Millrace lll, SheeF #4 and #5, dated 3/20/93, Ftoor plans tor Duplex Building,
Steven James Riden.
35. Mi0race ilt, Sheets #6 and #7, dated 5/6/93, Etevations tor Duptex Euitding,
SiEven James RHen.
36. Millrace lll, She€t Ll, dated 5/6fi3, Site/Landscape plan, Steven James Riden.
37. Mlilrac€ lV, Scsnario l, anda Cosgrifi Parc€|, Site plan, Amold Gwatrmey pratL
ru28a1.
, 38. Millrace lV, Scenario l, aAi/a Cosgrif parcel, Ele\ations Arnold Gwathmey pratt,
10fin81.
39. Misrace lV, Scenario l, aikla Cosgritf Parcel, Floor plans Arnold Gwathmey pran,
' 1083F1.
40. Millrace lV, Scenario l, a./k/a Cosgriff parcel, Landscape plan, Dennis Anderson
A€smiaFs.
41. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/91/91 stamped.
42. Sunrey, a pan of Cascade Village, Eagte Valtey Engineering, Leland Lechner,
6nle7.
43. Site Coverage Analysis, Eagle Vattey Engineering, 10/10/BB.
u. Cascade Village Special Development Disfict Amendment and Environmental
tnrpact Reporf Peter Jamar Associates, Inc., revised I1t!2JBg.
45. The Ruins, sile ptan, Kattry Langenwalter, AtA, 1/16/pS.
r[6. The Ruins, basement and first floor plans, Kathy Langenwalter, AIA 1fi6p5.
47. The Ruins, second and fiird floor plans, tGlhy Langenwalter, AtA 1/j6/95.
48. The Ruins, elevafions and fourth floor plan, Kafiy Langenwalter, AIA lfi 6/gg.
{9. The Ruins, elelrations, Kathy Langenwalter, AlA, 1/t6l95.
50. The Ruins, Sun ey, Duane Feheinger, 121194.
51. The Ruins, Landscape plan, Land Designs by Ellison, 2l2rg5.
'A mardmun gf 1000 sq. ft of common area, in addition to the approved plans, may be
added b me Waterford project t0 allor, for compliance with $e Uniform Building Code,
urilom Fire cods and Ameilcan Disabiliues Act. The staff shalt rerriew all sudr addifions .
to ensure that they are requlred by such codes.
Ar€e D- Glen Lvon Commerciel Site
1. /A,rea D li,laster Site Plan, Geodesign by Sherry Dorward, ?2?g0.
1 -f
12
2. Landscape Plan for Area D, Geodesign by Sheny Doruard, UZZtgO.
3. Area D elsvations, Geodesign by Shery Donvard, 2/gtgo.
4- Vall Mhro-brewery, Seracuse, Lawler, end parmers, Denver, CO., sheeF A2.1,
1c.2, tc.3, A3.1, A3.2, A4.1, A4.2, dared 1/8t90 and she$A2.4 dated 12lr3/89.
5. Vail BrcweryRoofStudy, FrankFreyer, 1/8190.
6. Glen Lyon Pafiing Gaage Floor Plans and Site ptan, Roma, 11/28/BB.
7, Glen Lyon Parking Garage Sections/Elevations, Roma, 1 i/ZBl88.
8. Glen Lyon Condominium, Roma, l.ll2vg|,.
L Glen Lyon Condominium East Building, Roma, 1llzvgg.
10. Deck Enclosurs (phase lA) to Glen Lyon ofiice Building, pierce, segerberg and
spaeh, dated 9120190.
11, Landscape Plan, Phase lA D6ck Endosure, pierce, Segerberg and Spaeh, dated
u19t91.
12. OllicE Addition io Glen Lyon ffice Building, Buff ArnotdNed Gwathmey
Architeds August 25, 1989 Sheets Al through A4.
13. cascade Mllage special Developrnent Disfict Amendment and ErMronmental
lmpact Report: Peter Jamar Associates, lnc., Revised 1 l/2ugg. Letter ftom
.,, Feter +afiEr Associates, tnc,, dated January 16, 19g0.
14.:lt Deceleration lane design tor South Frontage Road, RBD, Ostober lg, 19gg as
iaPProrred bY Co. Div. ot Hgw]6.
A resubdivision of Lot 54 arnended ptat Glen Lyon Sutrdivision, Eagle Valley
Suryeying Inc. as approved by T.O,V.
Vail Brewery Parking Analysis, TDA Colorado, Inc., August 10, lggg ancl Vail
Brewery Parking Analysis Update, TDA Cotorado, Inc., January 16, 1980 pag6s 1-
8.
18.46,110 DevelopmentStandards
The development standards set out in sections 1g.46.120 frrough 1g.46.1g0 are
aptroved by the Tonn council. These standards shall be incorporaled into the approved
develapmeot phn pertinent to eaDh dBvelopment area to protect the integrity ot the development
of SDD No. 4. They are minimum development standards and shatl apply unless more restricliw
standads are in€orporated in th6 spproved devetopment plan which is adopted by the Torwt
18-46.lAn Sebacks
A. Area A. Cascqde Villeoe
Required setbacks shall b€ as indicated in each development plan wifi a
rnlnimum seback on the pedphery ot tho property of not less than twenty teet, wih th€
exception fiat fie ssrback requirement adjacent to fie existing cascade parking
sructur€l/eftletic dr& tuitding shal be two l€et as approved on February g, 1982, by the
Flanning and EnvJronmenel commission. All builclings shail maintain a 50 loot stroam
9etb6ck from Gore creek rhe waterlord buiHing shall maintain a minimum 20 foot
setback trom tne norh edge ot the recreational path along Gore Creek.
B. Aree b- Coldstream Condominiums
Required se&acks shall be as indicated on fie development plan.
C. Area C. Gten Lvon Dudex Lots
15.
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Requhed selbacl€ shall be govemed by Secdon ig.jg.O60 Setbacks ot the
Prhary/S€condary zon6 district of fie Tonrn of Vail Municipal Code.
D. Aree D, Gkgn Lyon Commercial Site
Required sebacks shall be as indicated on he approved dev€lopment plans.
18.46.140 Height
A. For the purposes of sDD No.4 car@tations of height, height shail mean the
dFtanc€ measured verdcally lrom the erdsting grade or finished grade (wtlichever is more
resridive), at any given point to the top ot a flat roof, or mansard roof, or to the highest
d{tge li&e 0f a sloping roof unless otherttvise specitied in approved development plan
drawing&
B. Area A- Cascade Villaoe
1. The maximum height for the westin Horer, cMc Leaming center, Terrace
wing' Plaza conference Euitding ard cascade Parking smE-hrre/Athl€tic ctub is
7l fesl
2. Comerstone guilding: Maximum height otzl feet.
3. waterfonr Buirding: Maximum height of teet as measured trom finished
grade to any portion or th€ roor arong the north erevation shalr be 55, {soutl
Flontage Road), 56 along the w€st elevation Westhaven Drive, and 65 feet along
fte south end 6ast elevation as measured from finished grade.
4. W€shaven Bullding: A maximum of 53 feet.
5. Millrace lll: A maximum of 36 feet.
6. Millrace lV: A maximum of 96 feet.
7. Cascade Club Adrliton. A maximum of 26 teet.
8. Cascade EntryTower: A maximum of 96 feet.g. The remainder of buirdings in Area A shal ha\re a maximum height ot 4g
feet.
C. Ar6a B. Cotdstream Condominiums
The maxtmum height sha[ be 4g feet
D. Afea C. Glen Lvon Duol€x Lots
The maxinum height shart be 33 feet for a sroping roof and 30 feet tor a frat or
mansatd roof.
E. Area D. Glen Lyon Commercial Site
51% of the rool shall have a height between 32 and 40 feet. 497c of the root area
shafl rave a height under 32 teet. on the perimeter or the hddings ror Area D, height is
measur.ed from finished grade up lo any point of the roof. on the interior area of any
buiktirq' h6bht is measured from exlsdng'grade up to fie highest point ol the roof.
Dweropm8nt pran drawings shal constitute fie height ailowances for Area D.
18.48,180 Site.Coverage,
In Areas A and B, no more fian 35% of the total site area shall be covered by bultdings,
Fottid€d' if any ponion of the atea is dev€loped as an instih.rtional or educadonal center,4s% of
dre araa may be correred unlees oherwisc indicated on he site spedffc development plans. In
lnea c' no .nom- t'an 25% of th€ btar site ar€a shail be covered by buiHings, unless he more
resibictiire s€ndarda of chapter 19.69 of the vait Municipal code apply. In Area D, no more than
37% ot lt|s total siE area shall be co\rered by buildings and the parking structure.
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18.46.170 Landscaping
At leaEt the h'llowing percenEges ot fie total development area shall be landscaped as
provftled in th€ dBvelopment plan. This shall include retenfion of natural landscape, if
spFropraate. Ar€aB A and B, fifty percent, and in Areas c and D, sixty percent, of rhe area shall
be landscaped unless ofienfflse indicated on tfie sfte specific development plans.
18.46.180 Parking and Loadino
A. Area A, Cascade Village
1. Off-sreet parking shall be provided in accordance with Chapter 18,52,
except that 75% ot the required parking in Area A shalt be located within a parking
strucrure or buildings with he exception of Millrace lv, scenerio l, where 66.6% of
required parking shail be encrosed in a buirding. tf lhe deveropment tabre in
Ssclion 19,46.106 is amended, lhe parking requiremenb shall be amended
accodingly.
2. There shall be a btal of 421 spaces in the main Cascacle Club parking
structrre- A 17.5 percent mixed-use credit per the Town ot vair parking code,
section 18.52.20 has b60n apptied to lhe total number of required parking spaces
in the Gascade stucture.
3. There 6hail be a total of 58 on-site parking spaces on tfie Wat€rtord
bullding site wih a minimum of ZS% ot lhe required space located below grede.
Na mixed use credit shall b€ applied to his site.
. 4. There shall be a minimum of gA enclosed parking spaces locatecl within
fie Cornetstone building with 37 ol the required spaces available to the public for
short-term parking. No mixed use credit has been applied to this lot.
5. The third floor of the cascade pa*ing structure shall not be used to meet
afiy parkirE requiremenb tor accommodation unib, transienl residential dwelling
uftits, emdgyee dwelling units or dwelling units.
6. Prraiing: Arr required pafting for cornerstone and waterford shalr be
located on tr|eir respective sites. Afl reguired parking tor the cascade crub
wellness cent€r Addition scenario r shall be provided in the cascade pafting
structure.
7, Sevenf-five percent ot fie requtred parktng shall be loeated within the
rnain building or buildings and hirlden from public view from adjoining propedes
wrttdn a randscaped berm for westhaven condominiums, and Mirrrace lll.
8. Ail roading and derivery shail be rocated wihin buildings or as appro\red in
the development plan.
E. 4rea E. Coldsteam Condominiums
Fffty percent of fie required parking shart be rocated within the maln buirding or
bui&.ling$ and hidden ftom pubric vierr from adjoining properties wrrhin a
landscaped berm.
C, Ar€a C. Glen Lvon Dlplex Lorrs
Off€re€t parking shall be provid€d in accordance with Chapter .1g.52.
D. Area D. Gten Llaon Commercial Site
r ' phase l, rA and il shart incrude 80 surface pSrkrng spaces plus 6 varet
pafiing spaces on fie east end of the surtace parking rot phase rA sha,r incrude
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2 additional required parking spaces tor a total of 49 required parking spaces.
2. Phase lll shatl indude a minimum ot 108 parking spaces. A minimum of
100 spaces shall be located in the pafking structure. Ail required parking for the
. east building shall be provided on€ite per Town of Vail parking requirements per
Section 18.52.100 for residential and olfice use. A minimum ot eleven spaces
shall be located in the garage ol he east building and a maximum of S surtace
spaces shall be located adiacent to the east building.
3. Area D de\'elopment shalt meet the operational requhements outlined in
tbe TDA Colorado Inc, Report, Section pa*ing Analysis Considerations, January
16, 1990. Parking Analysis Considerations pages 1-8.
4. Valet parking Bhall be prohibited on the u,est end of he surface parking
lot. 5. The Breu/ Pub shall not be open t0 the public untit after 4:30 p.m. for
Phase I and ll Mondaythrough Frklay. When phase lll development occurs
including he parklng sfucttre, the brew pub may operate during the weekdays
o,nce the parking struclure is available for public use.
6. The Beer Hall shall not op€rate or be used by ths public before 4:g0 p.m.
on weekdays, Monday through Friday at anytime.
7: Once the parking structure is constucted, the pafting and access lo Area
D shall be mMaged perthe TDA pafting Report, parking Management Section,
pagss 6 and 7, August 10, 'l9g8, and TDA Report, Vait Brewery parking Analysis
Update, dated January 16, 1990, both writren by M.. David Leafry.
8. No loading or delivery of goods shall be allowed on the public right-of_way
along fie South Frontage Road adjacent to the Area D development.
9. The owner of |he property and brervery management shail prohiblt
. semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only
truck loading that shall be allowed to the site shall b€ vans having a maximum
length ol 22 ,eel.
18./t6.190 Recreafon Amenities Tax Assessed
The r€creafional amenities bx due tor he de\,elopment within sDD No. 4 under chapEr
3.20 shall be assegsed at a rate not to exceed twentyJive cents per square foot of the floor area
in Developm€nt Area A; and at a rate not to exceed fitty cents peJ square foot of GBFA in
Dsvelopment AIea B; and at a rate not to exceed fitteen cents per square toot of GRFA in
Development Area c; and at a rate not to exceed seventy-five cenrs per square fool of floor area
in DevelorFrent Area D; and shal be paid in conjunction wtth eacn construction phase prior to
tll€ issuance of building permits.
18.46200 Conseruation and poltudon Controls
A" ' The de\€lopers drainage plan shall include a provision for preventon ot pollution
lrom sulface runotf.
B. The deveroper sha.rt incrude in the buirding construction, energy and rvat€r
conservaton @ntrols as general tectnotogy exists at he time of consuuslion.c. The nunber of fireplaces p€rmitEd shall be as set forth in section g.2g of the
Town of Vail Municipal as amended.
D- lt ffeplaces are provkred within $e deveropment, they must be heat etficient
through the use of glass enclosures and heat circulating devices as technology exists at
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the time of der/elopment.
E. All wator features within Development Area A shall have overflow storm drains per
the recomm€ndadon ot lhe Envifonmental lmpact Report by Jamar Associates on Page
34.
F. All parklng sfudures shall have pollution control devices to prevent oil and din
lrom drainiflg into Gore Creek. .
G. In Area D, a manhole on the brewery s€rvice line shall be provided so that the
Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength.
H. tn Area D, the brewery managern€nt shall not operate fie brewery process during
temperswe inversions. lt shall be the breyyery owne/s responsibility to monitor
irn easions.
l. All tresh compacrtors and rash storage areas shall be completely enclosed within
Speciat DGvelopment District 4.
J. Frobctlve measures shall be used during construclion to prevent soil erosion into
Gore Creek pafticularly when construction occurs in Areas A and D.
K. The two employee dwelling units in Area D shall only b€ allowed to have gas
flreplaces fiat meet the Town of Vail ordinances goveming fireplaces,
18.48.210 Addilionsl Amenities and Aooroval Agreements tor Special Developm€nt
District No. 4.
A. The develop€r shail povld€ or wgrk ivith the Torvn to provide adequete private
transpofta$on servhes to lhe owners and guests so as to transport th€m from the
dawhpment h th€ Village Cor€ area and Lionshead area as ouflined in th€ approved
cler/elopment plan.
B. Developer shall provide in its approvecl development plan a bus shelt€r of a
desbn end hcation mutually agreeable to developer and Town Council. Said shelter to
serve fie area generally.
C. Area A, Cascade Village
1. The developer shall be responsible tor.provlding a break-away bollard for
the emergency access road beMeen Eagle pointe/paft Meadows, 1472
Matterhorn Circle, and Westhaven Drive. The design of the bollard shall he
mutually acceptable to the dsveloper and Town ot Vait. This improvemenl shall
be constucted when a building permit is requestect lor the Comerstone, Millrace
lll, Mllkace lV, Weslhaven Condominiums, Watertord buitdings, or Cascade Club
addiuon. The bollard shatt be included jn fie pemit ptans. The bollard shall be
constructEd subs€quent t0 th€ issuance ol a building permit and prior to the
issuance ol a temporary cenificate ot occupancy for the Comersbne, Millrace lll,
Millrace tV, Weshaven Condominiums, Waterford buildings, or Cascade blub
addition.
2. The developer shall constuct a siderilalk that begins at he entrance to the
Cascade Club along Weshaven Drive and extends t0 lhe west in front ot the
Wglhaven building to connect wifi the recreational pafi to Donovan parh The
wak shall be constructed when a hrilding permit is requested lor Westhaven
Condominiums. The sidevya0< shall be part of the bullding permlt plans. The
sidewak shall be consFucted subs€quent to the issuance ot a txritding psrmit and
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pfior l0 the issuance ot a temporary certificate of occupancy tor Wesftaven
Condominiums.
3. The developqr shall provide 1oo-year floodplain information for lhe area
acljacsnt t0 he Watedord and Comerstone buildings to he-Town of Vail
Cornmunity Development Departnent before building permits are released for
eithef project.
4. The conditions for Area A in Seclions 1g.46.020 B, 18.46.1A0 A. 1-7,
18.46.200 A - F, I, J, 18,46210 C, 1-3, and 18.46.A20 shail be set torth in
regtrictive cor/€nanb subject to the approval of the Tourn Aftomey and once so
approved shall be recorded on fie l6nd records of Eagle County. The developer
shall be responsible for submining the writen conditions to the Town Atbmey for
approyal before a buirding p€rmit is requested for the cornerstone, or Millrace lll,
or Milkace lV, Weshaven Condomlniums, or Watertord buildings, or Cascade
Club Addition.
5. Westhaven Drive
The Town acknowledges that it has been paid the sum of $97,500.00 trom
otner sources to be used by the Tovim for the repair and reconstrucuon of
Westhaven Drive. The Town funher acknowledges that he title ol We$haven
Driye has be€fl fansferred rc fie Torvn. The daF tor the commencemant ot the
repair and reconstrucdon ot the right-of-way improvements shall be enfirely at the
discretion of the Tovyn. should the Town not require the entire amount of the
S97,500.00 tor the repair and fie reconstruction ot Westhaven Driv.e, the Town
will tonvard any amount remaining after all construction related costs have been
paid in full lo rhe pardes originally conribuung fie $97,500.00 who sharl refund
sueh amount Fo-rata to the parties oilginalty contribuling the $97,500.00.6, Millrace tV, Scenario l.
a. The developer shall obtain an easement from the owners of fie property
adjacent to the eastern boundary of the prope4y commonly called the cosgriff
Parcel, which is more specilicaly detined in Exhibir A, attached to this ordinance
and incorporatod herein by reference. The easements shall be sufficient to permit
the consruction, maintenance and replacement of retalning walls for the purposes
of grading and boulder retention all along the westem property line of said
adjacEnt property. The easement shall b€ in a form acceptable to the Town
Attomoy, shall run with the land, and shall be recorded on the rancr recods ol
Eagle County prior to Design Review Board review.
b. Th€ developer shall provide fre Community Development Department of
the Town with Mitten consent from the upper Eagte valley water and sanitation
Distict permitting he encroachment ot certain decks specitied in the development
plan for the Mitkace lv condominiums, as set forh in section 1g.46.140(1g) of tris
ordinance into their sener easement recordd in Book 217, page 4zg of the land
recofds 0f Eagle county- This consent shall be submitted prior to Design Review
Board review.
c, The d€veloper shall receive final approval of the site grading plan for the
csnstrucrion ot Mlllrace lv, scenario l, trom the Town Engineer prio, t0 Design
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Review Board review.
d. The Milkace Condominium Map, recoried at Book 926, page 257, of the
land records ot Eagle County sha be amended so that the access easement
shovvn hereon shall align with ttre present location of $e roadway on the westem
property line ot the cosgritf parcel, and the am€ndment shall be recorded on the
lancl records of Eagle County.
e, The d€veloper shail instalt 15 (6.-10') evergreens soulh of th€ Soufr
Fror age Road adiacent to the Cascade Club building, and S (6.-10.) evergreens
to the $oufi of he westhaven Apartment foundations and norh of westhaven
Drive. The developer shall obtain the wrinen approval of the Colorado
Departmed.of Highways (cDoH) pemifring the instailation of these trees along
lhe south Frontage Road prior b said instalration. rf cDoH approvar cannot be
obbined, then a minimum of 10 (6!10') evergreens shall be instalted actjacent to
the westhaven ApartmenE.
f. The deveroper sha[ appry ror and comprete the minor subdivision process
for the cosgriff Parcer and a subdMsion plat signed by the Towrl ot vail shalt be
recorcled on he land records of Eagle county prior to lhe release ot any building
permits for lhe consauction of any structure on the Cosgriff parcet.
s. Landscaping along the south and west property rines or the cosgriff parcel
shall be reviewed by the Design Review Board to insure a suitable bufter area
belween it and he other properties along said property lines.
h. The Design Review Board shall review the architecture and lanclscape
. plan further tor compatibitity with he surrounding area.
i- The deverop€r and the adjacent goperty owners shal submit a landscape
Flan tor the area north of the cosgrift property to fie Design Review Board tor
review.
j. For puFoses ot carcurating Gross Residentiar Froor Area permifted on the
Co8gritf Parcel, no cr€diF of any kind (overlapping stairs, mechanical, etc.),
€xcept for 300 sq, fL to be allowed for each enclosed pa*ing space, shall be
g iven.
7. Comerstone
a; Before the buirding permit is rereased for tie project, the dsveropgr shail
permanen y restrict three employee housing units in accordanc€ with section
18.46.2n of this ordinance
b. The landscape plan set torth in the development pran tor cornerstone between
the Tenace wng ard comerstone buirding shail be revised prior to ths review of
th€ ploject by fte ORB in th€ bilowing ways:
1. For emeqency services, an access lane shall be provid€d ,rom the
western courtyard to the ski lin.
2. ll deemed necesiary by fG developer and the Community
D6velopment D€partment staff, he waler teature on the landscape plan may be
rernoved or r6vised. The landscaping in fris area shall be part ot tre cornerstone
Gveropment, and, rherefore, it is he cornerstone deveroper,s responshiriry to
complete ftis portion ot the project prior to the release ol a final certificate of
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occupancy lor the project. These plans shail be incruded in the buirding permtitor
lhs Cornerstone dwelopment.
c. After the Town of Vall has uile to westhaven Drive, it shall convey titte ro the
d€veloper for the area of Westhaven Drive under which pafting ls located tor the
comerstone project. The amended minor subdMsion prat shail be submined by
the d€veloper before a building permit is releas€d lor the cornerstone siE. The
developer shall dedicate an access eagement to the Town over this portion of
We$haven Drive.
d. A[ rirepraces sha[ be gas appliances pursuant to section g.2g of the vail
Municipal Code-
e. Tho6e spaces alocaEd to commerciar areas as short term pubric parking shall
be permanenfly restricted for the uss of the comerstone project Arr required
parking associafed with the uses shall not be conveyed, used or leased
separdely trom the uses. puuic parking on the westhaven Drive level ol tfie
comerstone project shall be made available to the public for short term parking.8. Watertord
a. The developer shall permanenily restrict the tow employee housing uniE
proyided in lhe Waterford Development plan in accordance with Seclion
18.46.220 ot this ordinance.
b. A minor subdMsion plat shall be completed and recorded prior to the
release of any building pemits br either lhe Cornerstone or Waterford
developmenb.
c. The recr€ation pah shalt be relocatsd as set forth on the development
pran and shal be amended on the minor subdivision prat ror the waErford and
Comerstone lgF to conespond to fie new localion.
d- The DRB wirl review fie randscaping in tte ar6as of the retaining wafis on
the west and east ends of the site- The DHB wirr review fie norfi erevauons
architectural details. The applicant shatt revie\A, the possibility o, ellminatng the
skief acce$s on the east end of the projecl However, if the applicant can
$ignificanily decr€ase the retaining walrs necessary to buird fie access. the skier
access may remain.
e- Ar firepraces sha|| be gas rogs permined pursuant to section g.2g or th6
Vail Municipat Cocte.
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g. The Ruins / Westhaver Condominiums
a. All constuction shall conform to the development presented to the planning and
Environmentar commission on February 27, isgs, and b the drawings identified
in Section 19J46.140 (developmBnt ptans) numberect 4S-S1.. b. Prior to the.issuance of a buirding permit, rhe appricant shail sign Type ilr EHU
D6ed restrictons for lhe 17 amployee housing unib. The deed rest ictions shart
b€ rnadified to alloir floor area requiremenb to be less than 450 sq. tt. ln Eddition
ro the resfictions incruded in t.e Type ilr EHU deed resricuon, the appricant
agftlgs t0 tuture restricttons that fie Town will adopt fiat pertain to cleed restr,c{ecr
emproyee housirE, incruding, but not rirnited h, a hree percent cap on fesare
prhe' requirem€nts fiat emproyee housing units have a reduced homeovyners
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as$ociation fee relative to ttee market units; and requirements pertaining to resale
Procedures .
c. Prior to issuance of the building permit, cMl engineering plans for road
tnprovements mu6t be reyiewed and approved by the Town of Vail Engineer,
Eoad improvements shall.include culb afld gutter from the eastern edge of the
bike path to the westem edg6 of the curb cut servicing this property.
d. Prior to ths isqJance of a building p€rmit, the appticant shail dsdicste an
€aEemEnt for the bike path that crosses this property.
e. Prior to an issuance of a Emporary certificate of occupancy [ICO) the appticant
shall regrade and revegetate the b€rm adiacent to his site, in the Colorado
Depanment of Tran$portation (CDOT) rightof-way, so that its nortrern slope does
not exceed 2:1. Prior to the issuance of a TCO, the applicant shall remove the
two utility poles in he CDOT righl-oFway and shall bury the utiliry line to the t|hd
rrtility pole v'rest of this property.
f. Prior to f|e issuance of a T.C,O., a sidewalk shall be constructed that begins at
the entrance to the cascade club along westhaven Drive and exEnds to tie wsst
in front of fte W€sthaven Building b conned with the recreational path to
Donovan Park
S. The endre bullding, including the garage, must be sprinkled.
D. Araa D, Glen Lyon Commercial Site.
1. The devoloper shall agree to constuct a bus lane per Town ot Vait
stuxlards in the srea of the porte-cochere of the Micro-brewery in Area D. The
specific location for the bus lane shalt be mutually agreed to by the Area D owner
and/or dweloper, Cotorado Division of Highwa]rs, and Town of Vail. The bus lane
shall be construcbd subsequent to the issuance of a building permit and prior to
lhe issuarrc,ti of a temporary certiticate of occupancy lor either the brewery
ad<lition, office erpansion excluding phase lA, east ofiice buitding, or parking
slrudure. The developet and.ior owners of area D sha,ll be responshle tor
mainaining the new h$ lane, including snow removal, tf the lane is not
maintsined troperly or snow removal is not adequate, the Town will not provide
bus Eervice to the site.
2. The developer shall relocate the existing bike path on Area D and provide
a naf, bike pafi easement across the Glen Lyon propeily and CDOH properry per
u|e developnent pran for Area D. The bike path shail be constnrcbd per Ton n of
vall slandards. The bike path shall be con$ructed subsequent to the issuance of
a buikling permit and prior to the issuance ol a temirorary certificab ol occupsncy
for either the breuuery addition, otfica sxpa.nsioo excluding phase lA, east offoe
building, or paftlng structure. such temporary certificate of occupancies shall be
condiilonal upon c-onstruction of the bike patfr provided for herein. The bike patr
eas€ment shall be replatted and approval obtained tom lhe Town council prior to
the bsuance of a t8mporary cerlificate of occupancy for eith€r the Brewery
a<ltllthn, office expansion ercluding phase lA, east office building or parking
slIucture.
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3. The developgr shall underground the electrical utilities along the north side
of the Glen Lyon property from fie nonhu,est comer of the property lo lhe
nortfteast corner of the property. This utifity K/ort shall be constructed subsequent
to lhe issuance of a building permit and pdor to the issuance ol a temporary
cerdlicate of occupancy tor either the Erervery addition, oftice expansion,
excluding Phase lA east otfice building or parking stucture.
4. The developer shall be responsibl€ for relocating fte 20 toot utility
easement on the lvestern portion ot Development Area D as well as obtaining
approval trom the Town ot Vail for fie relocaEd utility easement before a building
permit is released for the micro-brewery addilion.
5. The developer ol the Glen Lyon Ofiice property shall not file any
remon$rance or pftrtest against the formation of a local improvement distict of
other financing mechanism approved by the Vail Town Council wlrich may be
established for the purpose of building road improrrements lor the South Frontage
Road.
6. The developer shallprovide a fire hydrant p€r Town of Vail Fire
Deparunent requirements on the northwest portion of the property. The specilic
location for the fire hydrant shall be approved by the Vail Fire Deparfnent The
fire hydrant shall be provided subsequent lo the issuance of a building perrnit and
prior to fie issuance of a temporary certificate of occupancy for the brewery
addition, ofiice expansion excluding Phase lA, east office buitding, or pafting
struclure.
7. The Developer shall consruct a deceleration lane along bouth FronUge
Road per the CDOH access permiL The developer shall submit plans tor the
Soulh Frontage Road improvements to the Town ol Vail Engineer for review and
approval before a building permit is released tor either phase I excluding phase
lA, ll, or lll construction.
8. The conditions lor Area D iri Sections 18.46.180 D, 19.46.200 A, B, F - K,
18.46.210 D, 1-7, and .|8.40.220 shall be set forth in restrictive covenanF subject
t0 he approval of the Town Anorney and once so approved shall be recorded on
the lend r€cords of Eagle Goun!. The developer.shall be responsible lor
sut|{nitting tha wrinen condi$ons to the Town Attorney for approval before a
bulldng p€rmit sttall be issued for the Micro-bre\irery, office expansion exctuding
Phase lA, 6a8t otfice building, or parking structure.
9 The minor subdivision for Area D shall be developed per the following
conditions:
a. The development of parcels A,, B, C, and D, shal bE limited to the
SDD No. 4 devdopment plan and govemed by the SDD No. 4 ordinance '
as approved by the Town ol vail and on file with the Departnent ot
Community De\relopment or trs amended and approved by tie Community
Development Departrnent, planning and Environmenbl Commission,
and/or the VailTown Council.
b. The minor Elbdivision plat shall include a statement that
developrnent of fre lour parceh shall be govemed by lhe approved SDD 4
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development dan for area D and governing ordinances.
c. The Community Developrnent Department and Town of Vail
Attomey shall have the tighl to review and require changes in any
"Agreemefis ol Tenan6 in common", "conveyance ot Easement and
Party wall AgreemenE", and any other easement or ownershh
agreemer s related to th€ development ol parcels A, B, C, and D to
engure that lhe four parcels are developed per the approved developmenl
plan in SDD No. 4 Ordinance.
d. The dweloper $rall be reqponsible for reptatting tr|e 20 foot utiliry
easement on fie westEm ponion of development Area D as w€ll as
obtraining eFproval from the Town ol Vail for lhe new utility easement
. before b|e minor subdivision plat is recorded. Any modifications or
€rnendmenB to fie minor subdivision conditions ol appro\al agreement
shall be review€d as a major amendment under the procedures outlined in
Seaion 18.40 of the Town ol Vail Zoning Code.
e. The conditions.for the minor subdivision in Section 18.46.210 (Dg)
A, B, C, and E, shall be sel torfi in re$rictive covenants subject to the
....--..--.....
I approval of the Town Attomey and once so approved shall be recorded on
the land records ot Eagle County. The developer shall be responsible lor
submining the wrinen c-onditions to the Town Anorney belore the minor
subdivision is recorded on the land records of Eagle County.' 10. The entire Glen Lyon Offtce Building and Brewery Buitding shall be
spdnklered and have a fire alarm detection system. Town of Vail Fire Depaftment
approval ol the sptinkler and fire alarm systems shall be required beiore a building
permit is released tor Phase I excluding Phase tA or ll.
t 1 . The cleveloper shall submit a set ol amended plans to lhe Colorado
DMsion of Highways for revier r and appfoval. The improvements on CDOH
propeny proposed by fie developer must receive CDOH approval before phase l,
.. excluding lA, ll, and ltl are presented to the Town of Vail Design Review Board for
final epproval.
le. The gast building including the trvo employee dwelling units shall be
constructed when the parking strucfure is built to ensure fiat the employee
units are builL
t8.46.2e0 ErnoloyeeHousin0
The dev€lopment of sDD No. 4 will have impacts on available employee houging within
r|e lJpper Eagle valley area. ln ord6r to help meet this additional employee housing need, the
.lewlop€r(61of Areas A and D shall provido €mdoyee housing on sib. The developer(s) of Area
A shall build a minimum of 17 employ€e dwel0ng unib within Area A Westhaven Condominium
builditlg, 3 wihin s|e Comerstone Building and 2 within tire Waterlord Building. Each employee
dwelling unit in the Weslhaven Condominium Building shall be cleed resficted as a Type lll EHU.
Eacfi smplByse unit in the comerstone Building snall have a minimum sguare tootage of 600
$q$are faeL There shall be a totsl of 2 emptoyee dwelling unib in the Waterlord Building. One
shall be a minimum of 300 square feet and the other a minimum of go0 square leet. The
dsveloper of Aree D shall fuild 2 employee dwelling units in tre Area D east building per the
_j
spproved dan for fie East Buitding. tn Area D one employee dwetting unit shall have a mtnimum
GFFA of 7+€ square teet and he second emptoyee drrvelling unit shall have a minimum GRFA ol
900 quare feet. Th€ GRFA and number of employee uniF shalt not be counted toward
a[ouable den6ity or GRFA for SDD No. 4. Atl Employee Housing Units shall be cteed restdcted
per Section 18.57, as am€nded, of the Vail Municipal Code prior to issuance of building permits
for tfie respectirre proJect.
18.46.C30 TimeHEuirements
SDD N0. 4 shall be govemed by the procedures outlined in Section j8.40.1A0 ol the
Tofln of V{il Mmicipat Code.
Seclbn 4.
r any part' section, subsection, sentence, clause or phrase of his ordinance is for any
teason deH to be invalid, such decision shatl not affect he validity of the remainirp portions ol
this ordirrance; and the Tovvn Council hereby declares it would have passed his ordinance, and
eecfi part, section, subsection, sentence, clause or phrilse hereof, regardless ol the fact that
any one or mor€ parts, sections, subsections, sentenoesr clauses or phrases be dectared invalid.
Secftn 5.
The repeal or the repeal and re-enactrnent of any provisions of the Vail Municipal Code
ss provided in his ordinance shall not affect any right which has accrued, any duty imposecl, any
violalion that occuned prior to the effective date hereof, any prosecution commenced, nor any
ofier acfon or prcceedlng as commenced under or by vinue of he provision repealed or
rep€aled and reenacted. The repeal of any provision hereby shall not revive any prqvision or any
ofdinance pr€$riously repealed or superseded unless expressly stated herein.
' E@io!-A
' AII by'aws, orders, re8olutions and ordinances, or parts thereof,
inq'nsisH hererrith are hereby repealed to the extent only of such inconsistency. The repeater
shall not be construed to revise any bylaw, order, resolution or ordinance, or pan thereof,
hEretofqre rep€aled,
INTRODUCED, READ, APPROVED, AND ORDERED PUBUSHED ONCE IN FULL ON
FIRST READING this 4th day ot April, 1995, and a pubtlc hearing'shafi be hetd on this Ordinance
on the 18$ dayaf April, 1999, at z3o p.M. in the councit chambers ol the vail Municipal
EuiHing, Vail, Cotgrado.
24
READ,-AND.APPROVED ON SECOND AEADIN} /; /a.,L! frlis tfhday ot f,r*tti-tz ,1995. A t
tJrnalq|.lontbd8.Sc
i .r"""-- '
erv Lapin,r Mayor Pro-Tem
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(._
ORDINANCE NO.7
sEFlrES OF 19{13
AN ORDINANCE REPEAUNG AND REENACTING ORDINANCE.NO. 1, SERIES OF 1993,
TO PROVIDE CHANGES TO AHEA A REOUIREMENTS FOR SDD NO.4
THAT CONCERN THE DEVELOPMENT PTANS FOR THE TiILLRACE [I
AN D s E'',ScEIE*|,$ESi'lg\R' XEff-? rHE BEro.
WHEREAS, l|lchel lrubrbrch hss Equest€d an arnendment to the exioting special
Devdoprn€nt Di6fict No, 4, Area A; and
WHEREA$' fte Planning and EnvironmEntal Commission has recommendect that certain
changes be marle to Special Dwslopment Distict No. 4; ard
WHEREAS' the Town coundl considers tiat it is reasonabls, approgiate, ard beneficial
to fte Town and lts citieens, lnhabitanb, and visito]s b repeal and re€nact ordlnanca No. 1,
serlss ot lggt to provide br such changBs in speciat D€vetopment District No. 4. cascade
Vl[age.
NOW, THEREFORE, 8E IT ORDAINED BY THE TOIA'N COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
The approval procedures describ€d in chapter 19.40 ot the vail Municipal code have
b€sn fultilled, and the To$rn Gouncil has received the recommondations ot ifie planning and
Environmental Commission for an amendment to the development plan hr Special Devtslopment
Disfict No.4.
Seation 2. Speclat Develooment Disirict No. 4
spocial De,relopment DisMct No. 4 and fre development plans therefore, are hereby
approved tor the dorrelopment 0t special Dewlopment Distict No. 4 within the Town of vait.
sec{ion 3 chapter 18.46 special Development Disfict No.4, cascacle wlage, is hereby
repeatect and rFenacted wisr amendments to read as tollows:
18.46.010 purpose
Spccial Development Disttic{ No. 4 b estaHished to ensure compreh6nsive devetopment
ard use ot an ar€a ln a mann€r tfiat witl be harmonious wih the gBrFral character of the Town,
Frovl(b e@uate opcn sp8c€ and r8cr€ational aflrenfti€s, and promotB the objsclives of the Town
of vail cilnpr€honsiv€ Phn. gecial Development Dbtict No. 4 is cr€ated to ensure hat he
developrnent deneity will be relati\r€]y lou, and suibbte tor the ar€a and the vidnlty in which it is
Ordinance No. 1, Series of 1999. b herebyrepealed and rsenac{ed, as follows:
ht
|!
\o ro
I
€ih|aled, the development ls regarded as oomptementary to lhe Town by the Toryn counctt en<t
tln Planning coilmission, and bocause there are significant asp€ds.ot thg special Development
Disuicl whtch cannot be sa$sfied trrough the lmposiiion ot standard zoning disgicts on the area.
t8.46.020 De{initions
For ths purposes of this chapter, $c lollowing definilions shall appty:
A- 'spscial atrEstion'shall be definsd as a museum, sBminar or rss€arch cenGr or
performing art3 th€at€r or cutt ral cent€r.
B. Transient residsntiat drvelllng unit or resficted d{slting unit'strail be delined as
a cls,slling unlt locdod In a mulii-tarnity dyvelling that i8 manag6d as a short bm r6ntat in
whidr all $uch units are op€raEd under a Single manag€ment provicling the occ{rpants
theteof arslomary hotel services and facilities. A short tsrm rentat shalt b€ deemed to be
a rEntal tor a period ot tlms nol to erceed 3l rtays. Each unit shall not exceed a45
8quane
'e€t
ol GRFA which shalt indude a kibhen havirq a maximum of &i square feef
The kibh6n shall b€ design€d so that it may b€ lockecl and separated from the rB$ of lh€
unit in a clos€t, A fanslent dlvelting unit shall be accessible from common @nidors,
wall€' or balconies without passing through another accommodation unlt, drvelling uniL
or a hanslent rssidential dtvelling unit. shoutd such units be devetoped as @ndominiums,
they shalt be restrict€d as set forth in chapter l7p6 Gonclominiums and condominium
conversions. The unit shall not be used a$ a permansnt residence. Fractionar fee
ownership shall not be allorved io be applied to transient dwelling units. For the purposes
ol determining allowable density per acr6, transient residential dwelling units shall be
counFd as one halt ol a dwelling unit. Th€ tansient residential dweiling unit pa,Kng
rsquifement thall be 0.4 space p€r unit plus 0.1 space per each 1oo square te6t ol GRFA
with a msximum of 1,0 space per unit.
18.46.090 Estabtished
A. sFecial Developm€nt District No. 4 ls established for the developrnent on a parcst
of land oolfiptiEing 97'955 acres as more particulady descdb€d in he attachod Exhiblt A"
spedal D€rr€lopment Dlstrid No. 4 and the g7.g55 acres may b€ reterred to as .sDD No.
4.
F, Th6 disnid shall consist of tour sEparate (hvetopment areas, as Hantified in this
ordinanc€ Bnsistir€ ot thE followlng approximab sizes:
.'1'
Arsa Known As Devolooment Area A66aoe
t
Cascade village A
Cel dstreen Condoad,nlums
Gtan tr'yon DupLex Lots
G].ea Lyon Cofimelclal Slte
Dedicated Open Space
Roadg
TOTA',
. 17.955 E 4.000 c 29.100 D 1.800
{0.400
18.46.040 DevslopmentPlan-Required-Approval Procedure
A. Each development area with the exc€ption ot Development Areas A and D shall
be sublect to a single development plan. Devdopment Area A shall b€ allovred b have
lxro dovslopment dans br th€ Cascade Club site as approved by the To\iln Council. The
Watattottt std Com€r8ton€ sites 6hall be allowed one clovalopment plan each.
DewloF[nent Arsa D shall be allowod to develop per the approved phEsing plans as
apFrovod by th6 Town Council. The developer shall have the right to proceed with the
devBl@ment dans or scenarios as clefned In Section 18.46.103, 1-4.
L Amendmenb to SDD No. 4 shall comply wifi the pocedures oullined in Section
18.40.
C, Each phass ol devslopment shall require, prior to issuance of building permits.
approual of the Desir.Xn Review Board in amordance with applicable provigions of Cheter
18.52.
18.46.050 PermittedUses
A, Area A, Cascade Villaoe
1 . Firsl tloor commercial uses shall be limited to uses tisbd in 1824.030 A-C.
The 'tlrst floot. or "street level" shall be d€fin€d as that ffoor of the builcling hat is located
at gracle or street level;
2. All other floor levels besides lirst floor stre€t l€vel may indude retail,
theater, restaurant" and office except that no protessional or business office shall be
loosted on street levsl or tirsl floor (as cle{ined in Sedion 1824,030 A of f|e Tovrn of Vail
ioning code in Araa A) unless it is clearly acoessory to a lodge or educafional lnsutution
exc€pt ftr an otfice spaoe ha/ing a maximum square tootage of 925 square feet locded
on the first fioor on the nonhwest com6r ol the Plaza Conterenca CsnFr building;
3. Lodge;
4. Multi-familydrelling;
5. Single Family clwelling;
6. Two-Farnilydwelling;
'n.",,..
I
' 7. Transi€nt residantial dlve[ing unit;
8. Ernployoe dwBlling as d€ftned in S€ction 19.46:A20;
S. Cascacte Club addition of a lap pool or gymnasium.
B. Area B. Coidstream Condominiums
t. Two-farnilydwelling;
2, Mutti-famitydweilirE.
C. Area C. Glen Lvon Duotex Lots
. 1. Slngle family d,r,elting;
2. Two-lamilydvrelling.
D, Area D, Gl6n Lvon Commercial Site
1. Fetail;
2, Festaurant arld bar;
3. Buslness and professional offices;
4- Mutti-familydwelling;
5. Employ€e clweiling as defined in Section 18.46.2A0.
.|8.46.060 ConditionatUses
Conditional uses shalt be reviewed per fre procedures as ouuined in Chapter .19.60 ot the
Town of Vail zoning code.
A. Area A. Cescade Viilaqe
1. Cascade crub addition ot a w€Iness center not to exc€ed 4,500 square
l€et.
2- Fractional f€e ownership as ctefined in the Town of Vair Municipar code,
sestion 18.04.135 shall be a conditional use for drivelting units in the wesfrraven
multFfamily dwetlings. Fraciionat fse qilnership shail nqt be 4,plied to resticted
employee d,velting.unib ortransient rcsidentiat dryeiling unib, ornership intervals
shall not be le$s han five weeks.
3, Speoial atfac{ion;
4. Ski [trs;
5. Pubtic park and recreational lacilities;
6. lvlajor arcades with no kontage on any public way, sirset, wall$f,ay or mall
area.
o
Area B. Coldstr€am Condominiums
1. Public park and r€croational facititi€s;
B.
o
2. Ski lifts.
C. fuaa C. Glen Lyon Duolex Lots
1. Public park and recreational tacitities;
2. Skl litts.
D. Area D. Glen Lyon Commercial Site
l. Micrebrevyery as d€finBd ln Tor,rrn of Vail Municipal code, Section
18.04.z$t.
18.46.070 AccessoryUses
A- ,tuBa A. Cascade Villaoe
L Minor arcade.
2, Home occufalions, subject to issuance of a home ocdrpalion permit in
aocordancs with the prodsions of Soctions 18.59.130 through 19.58.190.
3. Altached garagos or carports, privat€ greenhous€s, swimning pools, tBnnis
oourt9. palio6, or oth€r rsoreational tacitities cusbmarlly incidental to Fermitted
residenlial uses.
t
4. Oher uses bustomarily incidental and accsssory to permitted or conditional
uses, and necessary for the operation thereof.
5. swimmirg poors' t€nnis courts, patios or othgr rocr€afionar tacirities
auStomarily incidentat to permitt€d or conditional uses, and nscessary to the
operation thereof.
\ B. Area B. Coldstream Condominiums
1. Hom6 .cqJpations, subject to issuanos 0t a homE ocqipation permit in
accqdanca wnh the prcvisions of Sections lg5g,130 through 1g^5g.1go.
2. Attached garages or cuports, private greenhouses, srvimming poors, tennis
courb, patios' or offior rBcreationsr facirrties customadry incidentrr b permitbd
- rseidenlial usss.
3. Other usbs customarily inddental and accessory to permitbd or conditional
use6, and nec€Esary tor the op€ralion th8reof.
4. S$/imming pools, tennis courts, patios or othef r€creational facilities
qrgbmarily lncidental to pemlttect or condltional uses, and nscessary to th8
C.
I
thereof.oFeration
C. A€a C. Glen Lvon Duotex Lots
1. Hom€ ocdjpalions, subject !o issuance of a home occupation p€rmit in
' accordancs wllh lhe provisions of sec-tions 18,58.130 through 18.58.190.
2, Attached gaEges or carports, privaie greenhouses, swimming pools, tennis
coutts, paiio6, or other recr€atonal facilities cusbmarily incidentat f,o pErmitbd
r$idential uses.
3, Otrgr us6s customarily Inddental and accsssory to permitbd or conctitonal
u$os, atd necessary for the Op€ration thereof.
D. Area O. Gl€n Lvon Commercial Site
1. Home ocsJpafions, subj€ct to issnrane of a home. ocdrpq[on pgfit in
accoldanco with the provisions of SEctions 1858.130 through 18.58.190,
2. Atbehed garages or cerports, privab greenhouses, stcrimming pools, tennis
ooutu], patio€, or other rccr€ational facilities drstomarily incidental to p€rmitted
regldential uses.
3. Other u$es customarlly incidental and accessory io permitted orconditional
. uses, and necessary lor he operailon thereof.
. 4. Minor arcade.
18,'+6.080 Localion of Business Activitv
A. All otficeE, busineases, and services permttted by Sections IE.46.0SO through
18.46.070 ghall be operated and conduc,ted sntirety within a building, oxcept for permitFd
unenclosed parting or loading areas, and the out oor display of goods.
E, The area b be used for ouhtoor clisplay must be located directly in front of he
esEblldrmont displaying tie goods and entircly upon lhe establishmsnfs own property.
Sidewalks, buiUirE enhances and exlts, drivewala and strEeb shall not be obstructed by .
outcbor display.
18.46.090 Densitv-DwellinoUntb
Thb nwnber ol dlelllng unib shalt not exce€d the totlorving:
ln Area A, a minimum ot lfirEe hundred fitty-two (352) acoommodation or hansient
chrelling unlls and a mardmum of nlnety.four dwelling units as defined by fre tables in
Section 18.46.103 for a total denslty ot two hundred ssvenv (270) dryelling unib.
a
A]ea B. Coldstream Condominiums
Slxty-five (65) dwellirq units
Area C. Glen Lvon Duolex Lots
One-hundred tour (1{X) dwelling units.
Afea D. Glen Lvon Commercial Site
B,
c,
D.
4.Three dxro[ing unlb, teo of wttich shalt be smploy€a chvslling units as detined by
A. Arsa A. Ca6cad6 Villaq€
Th€ gloss resichnlial tloor ar6a (GRFA) for ail bulldings shalt not €xc6ed 2gg,,t45
$quar€ t€et.
B. Arsa,B,CqldstreamCondominiums
Sixty-five thousand square het (65,000 s.f.) GRFA.
C. Area C. Gtsn Lvon Duolex Lots
GRFA shall be calculated tor each tot per Section t g.1g.Ogo density control A and
B for the Primarylseconctary distriet of the Torrrn of Vail municipal code.
D. Area D. Gl€n Lvon Commerciat Site
The gross reslcbnlial ftoor area tor the two emptoyee dyvelling units shall be 795
squar€ leet and g00 square fest respectively. The gross residential floor area lor the tree
marlGl ciArelling unit shall be 1,630 square feet.
Area A, Cascade Villaoe
A|Ea A shall not oxosed 95,699 squere fset of commeroial are& Commsrcial uses
indudo r€tail, ofiice, theater, r€staurant, uses listed in section 19.46-os0 A-1. and the
sp€cial athaction use.
B. Area D. Gl€n l-von Commercial Site
Arsa D shall not exceed 16.730 square teet ot ofiic€ for phase t, lA & lt or 15,584
rquarc feet of offioe for Phase lll F€r the approwd dorrelopment plans. ThB
micrt.brewery and assodatsd uses shall be constructed per fie apprcved cb,lrelopment
A.
\
lhc tablE in Sec{ion 18.,{6.103F.
C
plan.
t6.103
I
ra A. Cascade Villaoc. and Arm. Glc rcn Develoilt Statistrcs lot
"'.' li!' UE F r'l-!r dcdcuLirio8 L'lU!,\ tu |i|.,hru l,€ E;r.r !r.!F tE 3$ rj. tL to bc dlor€d lor crA tnclccrl Fttu3 tFr. FS.{rkr ll.{ 6.2lq.Xixt
l- lrlllt.c. tll DU 6nF-r Coftriaarhl S6ur?. F..r cJaaaala
Sltsctuaad Prrllnd 3
A C.&d. Gl,rb
lddltlon AU 6raE DU GNFA Sdurra F!.1
OrtsSil,.
P.rklno
Gaacada
Structur.d Partlnt lcqn |oI
$.er..s Crr*r4
oa
Scg*'p 2
ft|}fin8lrlnl
4"500
a5d
25
o
S€rrft I
Salnrrid 2
,4.500
a 3t!t!
a.J5
8. Plrrr Oltlc.-lU or ln ot CNFA Cohnitrehl Soulra FaaI
t,a.slL
Prrllh6 clacrd.
Slrrrctrrr.d Prrkln6
HAEMfi|s *'6r In t{| 9g !crt,t5l|l515Z5 4.500 tr6 i.;t;a
.bdrt*t&tddbir-.t-GiFAb!N.F !...t$rsDD.6ftt
"qt
..t|.6ba{{s| h.. tt! Flnr rrrrr.a. Tr.-rFtilt ifrfrsa i L.t - rL 6tr.d !ri-{. rtjt|.d dloFfir'qiE ..* ed&w.i.€ ltL&.h d Gi{ Erts.
(
6ril.rln:r'l Tr-'lrFn1
Itobi:lnc Farccl
Cosgrlff ?arcel ..
'15.68
. :.-tt4J
1.045.
1?.955
2s2.00
1p.68
1b.3s
208.40
256, 437
' 18t ?52
r5,93?
291r 121
I
. 10r 150
. d00
2r400
. sDD 14.
'InE,\
,D DEVEUOPHENT SOUANE IEOOTACE Jrr.rD p^ru(tNc pER rowr.r oi vaifiuiiiit-rREHENrs
FEBRUJI'IIY 261 15gO
-*tiq_$-- Ft!AsE-r,:a_& rr piursE r,ra;rr l\ltD rrr pE\rELOp!,tENT DevELopi,tENT DEIIELOPHENT
..Sq.BE../paFking sq.FC. / parklno Sq.rt. '/ !q.FE.../ larhlng
Glalt Lyon
Cg$cE 8tdg.(Ex.tsting) 10r150 30,6 10,150 {0.6 ruro Glen t yon offtee Bldg. {00 1.G 400 1.6
?tt r5E.I .
Glen l,yon 3ldg.
- C.tflce 0 2,400 9. 6
.: r|./r.) f. I I
!{icro-Srcuery
-0tfice
-RecepLlon./
I'luieUm
-Rc Lal]
-Ferment a t 1on,/
3r.e,Fhou E e
-Beer l{al}
-!!.eH Pub
,10.5
1.6
9.6
0
0
0
0
3,?80 15.1
480 0.0 1?5 .6
9?0 0.0
1, ?00 10.0*(150 6cats)1r380 10.0*(80 acaLs)
.2t 634 10.5
rtSo 0.0 085 3.0
11406.' 0.0
1, ?00 . 1B .0r (150 aeats)1,380 10.0*' (80"eeatsl
su!?0TJ|:,
5uB30tal,- .
TO?A1,
sQur\RE
10r550 42.2 21f435 >D.J .21, 435 . g,l .1
."'lasE :11
East Dulldlng
-2 Dmpioyec.. Unlrs 0 -1 Dwelllng Unit 0 ' -off,l.ce 0 .
.i!1.
I : .. ;
11 595 :t: j .| ;o,'i. iI ..'.. I . .'r3.'1,630 i z.o '. r;
2,400 .' 9.6 .' _ ,
0 0,
10.0
I I !
I 'l
I
I
Ol.l :SE \TING
t:
0.0
0.0
0.0
COI'EHENCIAL
'\}{D
RESIDEI.ITTII
FOOT,\CE AIID P}JIKINb:
.,- - ,21r435 96.3
iusso tttcHesT prRr-rHG IrEo. possrBt,E.BrrsED
10
. 18,46.104
. SitB 6p6cffic
1.,_ platlo tor Ares A are comprised of thoss Cans submlttect by Vail ventures, Ltd. and otier
(hYcloPets. TttB dovelopment Plans for Area D are comprised ot those ptans submittecl by he
Glen Lyon Office Building, a Cotorado parhership. The toilotving documgns comHise the
develoPment ptan lor the sDD as a whole, waterforct, comeratone, cascade club Addition
$eenatio t std 2, Millrace lv, and Area DGlen Lyon commeroiat Sit€ and is not alt inclusive:
1. Wst.rto'd, sh6et#L-2, dated 11-12-92, tandscape pran, Dennis AnderBon.
2- lilelsrio.d' sheet #1.'t, dated 11-13-92, site/Grading plan Gwathmey. pral,
SchufiE.
' 3. Wsterford, sheEt *2.1, dated 11-13-92, pran L€ver 3s/.|{|,3., G.'atimey, pratt,
SchulE.
{\- ' 4. WabrfoKt, shg6t #2.2, dabd 11-1&9e p|an Lavel.{gL5-63'{-, Gwathmsy, pran,
$dtultr,
' 5. Watertord, sheet #2.3, dated 11-1&92 plan tever 59,-0t64'€. by Gwafrmey,
Frat" ScfrulE.
' 6. Wat6rtocr, sheet #2.4, dated 11+92, pran Lever 69'-6.t4'-9., Gvathmey, prafi,
Schuttr.
' 7- Watertod, sheet#2.5,dated 11-13-92, ptan lsver 80-0./85,-3-Gwathmey, pratt,
SchulE.
' I' Walerfod, sheet #2-6, dabd 11-13-92, pran L6ver 90€. cwarhmsy, pratt,
Schultr.
s' watedord, sheet #2.7, dated 11-13-92, pran Lever 101'{. Gwathmey, praB
$chults.
' 10. wderrord, shee{ #2.8, dated 11-13-92, pran Laver r11,{- Gwathmey, pratl
S€fiulE.
11. t'nar'fon', sh€6t *2.9, dated 11-13.92, pran L€ver 122'-0. G\E$may, pratt
Sdtultr.
12. Walerlod. $heet #2.10, darsd 12-.ld-92. Fl+of plan ..lt !€..€5 3.,?c:?::lcy, r-,a-l,,
$qtslE.
13. Waterford, sheet #3.1, daEd 11-13-92, Erevations Gwathmey, prati sctrurE.
(-, 11. Wabdord' sheet #r.2, dabd 11-13€2, Ebvations, Gwatrmey, pratt, scfiuttr.
trt
DdvElopment Plens
dgvslopEEnt plans arg app(or€d for Area A and frea D. Th€ cfigvetopment
11
I
. 15. Water{ord, Sheet *4.1, dated 11-4-92, Sectjons Gwathmey, Pratt, Schultr.
t8. W8fed,ord, Sh6et *4.2, dabd 11+92, S€ciions, Gwathmey, Pratt, Scfiultr.
t?- WaFrlord, Sheet#4.3, daied 11-4-92, Sec{rons, Gwathmey, Pratt, ScfiulE.
18. Watertord, Sheet #t1.1, dated 10-20-92, Unit Plans G,vathmey, Pratt, SchulU.
19. Watertord. Sh€et #9.2, daied 10-20-92, Unit Phns, Gwathmey, Prat, Scfiuhz,
20, Watertod, sheet n9.3, dated 10-20-92, unit Ptans Gwathmey, pratt, schultz.
21. Waterfod, Sh€€t ttg.4, dated 10-20€2, Unit plans, Gwathmey, pratt, Sdtuttz.
2L Wat6rtord, Sheet #9.5, datsd 10-20-92, Unit Plans Grvahmey, pratt, SchutE.
23- Com6r5lone, Sh6et #L-1, dated 11-'l$92, l€n(hc€pe plan Dennis Anderson.
24. Come|Etone, Sheet #1, dated 12.21€2, Cascade Vilage Master ptan Gwafimey,
Pratt, ScfiulE.
45. OomeEtonei Sheei #2, datecl 12-29-92, Floor Plans G,vathmey, pratt, Schuhz.
26. Gomerstone, Sh€et *3, dat6d 12-29-92, Ftoor Ptans, Gr'rafrmey, prail Schultr.
Scfiultr.
27. Comerstone, She6t #4, dated 12-21-92, Elevations Gwathm€y, pratl Schuhz.
28- Comer8ton€, Sheet #5, dated 1 1-,|3-92, Site Plan/Grading Plan, Gvyafrmey, pratt,
Schultr.
29. Cascade Club Adclition Site Plan, Roma, 10/10/€9.
30. Cascade Club Floor Plan, Roma, 1Ct/10188.
31. lllllrace lll, Sheet *1, dated 5/6133, Slte Plan, SEyen James Rlden.
32. lrllllraac il, Sheet t2, dated /Ut3/9:1, Ftoor plans tor Slngle Famlly Rcsldenca,
Sbven James Rlden.
&|. Mlllrace lll, Sheet {fi}, deted 5/6/t93, Elevatlons tor Slngle Famlly Re3ldence,
Steven James Bl.len.
34. lllll|NcG lll theet3 *+ and *5, dated 3l!O/S], Floor plan8 tor Dupler Bultdlng,
SEven James Rlden.
35. lillll'Bce lll, Sheets #6 and #7, datad 5/6/lxl, Elerrauons tior Duplex Bulldlng,
Sbwn Jsmes Rlden.
' 35. A:illrsee lii,Shsei !.l,riateat 5,5'€S,Siieii,rardscape Fhn,sieuen.iamsa Riden,
97. Millrace lV, Scgnario l, anda Cosgritf Parcel, Site plan, Amold Gf,athm€y pralt,
10n8€1.
35. irtlkac€ lV, Scenario l, a/k/a Cosgrifi Parcet, Ebvaions Amold G$a$msy pratt,
I -_---.
12
t
10it22191.
49. tuli[race lV, Scenario I, alda Cosgtifi Parcel, Floor Plans Arnolcl Gwathmey Pratl
1ry8,91.
40. Millrac€ lv, $cenario l, a/k/a Cosgdff Patcsl' tandscaPe Pl8n, Dennis Anderson
AlBOCiates.
41, Cosgriff Parcel, Survey, Alpine Engineertng, lnc, 10/3181 stamped.
42- Surwy, a patt ol Cascade Village, Eagl€ Vallsy Engineering' I'eland Lechner'
6t8t87.
il(t. Site Covarage Analysis, Eagle Valley Engine€dng, 10/10/88'
it4. Ca"scarle Villags Spscial Development Disfict Amerdment and EtwironrFntal
fmFrct Fepoil: Petsr.latnar Aseoclstes, lnc., rlv|scd 111',2188.
' A maximum of 'l0oo sq. ft. ol common area, in addition to the approved plans, may be
add€d to lhe wat8rford project to allorv br complianc€ with ths Unitotm Bullding Code,
Uniform Fire Code and American Disabilites Act. The stafi shall review all suc*r additions
to en6ur€ that they are r8quir€d by such codes'
Area D, Glen Lvon Commercial Site
1. Area D Master Site Plan, Geoclesign by Sherry Dorward, 2t22190.
2. Landscape Plan.br Area D, Geodesign by Sherry Doruard, 2mn0,
3. Area D elevations, Geodesign by Sherry Dorwatd, 219/90.
4. Vail Micro-brewery, Seraouse, Lawl6r, and Partn€ts, Denver' CO.' sheets Az.'t '
A2.2, F,2.3, A3.1, 432, A4.1, A42, dated tl8l90 and sheet A2.4 dat6d 1fi349.
5. Vail Brewery Rool Study, Frank Freyer, 1El90.
6. Glen Lyon Parking Garage Floor Plans and Sib Plan, Roma' 11r?8/88.
7. Glen Lyon Parldng Oarage SectionJElevations, Roma, 11128/88.
8. Gten Lyon Condomlnium, Roma 11128l€8.
9. Gl€n Lyon Condominium East Building, Roma' 'l128l88.
10. Deck Enclosure lPhase lA) to Glsn Lyon Otlice BulldirU' Pierce. Segerbery and
9pssh, dabd 9120190.
1 1. tandscape Plan, Phase lA Deck Enclosure, Pierce, S€gatberg 8nd Spaeh' dabd
8/19191.
12- O{ftce Addition to Glen Lyon oflica Building, Bufi AmoldNed GwafimeyArchitecb
Augr.rt 25, 1989 Eheets A1 firough A4.
{
.,-/' i
t3
. 13. Cascade Village Speciat D6v6lopment Disfict Amendment and Environmental
|lrpact Rcport: Peter Jamar Associates, Inc, Hevised1r, m&g. Leter from p€ter Jamar
Ascodabs, Inc., dabd January i6, 1990.
14. De6lEretion rane design for south Frontage Foad, RBD, october 1g, 1988 as
approved by Co. Div. of Hgrwys.
15- A resuMivision ot Lot 54 am€nded prat Gren Lyon subdivision, Eagre vafl€y
Surveying Inc. as approved by T.O.V.
16. vair Brewery parrdng AnaDsis, TDA cororach, lnc., ArJgust 10, lggg ard va-l
Br€w.ry parkirg Analysls Update, TDA Colorado, Inc., January 16, lgg. pages i€.
18-46.110 Develoomentstandards
The de\relopmontstandads
'Gtout
in s€c{ons l B.46.iaotirough 1g.rt5.1g0 are approved
by ths Tovtn coundl. Th€se standards shall b6 incorporated into the approved developmant pl.n
peruflBnt to €8dl da/elopm€nt arsa to pfotect the in@rity ot $e development ol sDD No. 4;
They are miflimum dovelopment standads and shall apply unless more regfictive stanclaftts are
inesrporEted in tre approved developm€nt prsn rvhrch is adat€d by the Town Gouncir.
18-46.120 Setbacks
A. Area A. Cascade Villaoe
Reguired sebacks shail be as indicahd in eacfr deveropment pran wittr a minimum
serback on th6 p€dph.ry of the property of not t€s€ than twenty bst, with the gxception
$at the setback requirement adjacent to the existing cescade pafiing struchn./athr.tic
club bulrding shail b€ tryo teet as approved on February 8, 19g2, by tre pranning and
Environmental commission. A[ buildings shalr maintain a s0 toot str€am selback,rom
@fE cr6eh rhe wstertord bulrding shall maintain a minlmum 20 toot sBtback hom fie
ngrtt €clge of h€ recreational pa$ along Gore Oeelc
B. Area B. Coldsfeam Condominiums
Ftequirecl setbad<s sfralt be as indicabd on the developrnent plan.
C. Area C, gten Lvon Duolex Lots
Required sebacks shalr be govemed s seaion 1g.19.060 setbacks ot the
PrimarylSecondary rone distrlct of the Torn of Vait ivlunicipal Code.
D, Arca D. Glsn Lvon Commereial Slte
Feryirecr serbacls shalr bs as indicabd on fre approvad devetopment prans.
18,46.140 Heiohr
r4
' A. For the purpos€s of SDD No. 4 calculations of height, height shalt m€an the
diEtan€e m9€surd wrtically {rom thg existing grad6 or finishsd g rade twhlchevBr ts more
nestrict't €), at any given Point !o lh€ top ot a fiat root, or mansald rcof, or to the highest
rUge line ot s sloping root unless othemise specitied in approved development plan
dawings.
B, Af€a A. Cascacle Vittaoe
1. Th€ maximum height tor the Westin FtotBt, CMC Leaming Center, Terace
WitE' Plsza Conference Building and Cascade Parking Sfuciure/Athleiic
Ctub is Z't teel
2. ComsEtone Building: Maximum height of 7l te6t
3' Waterfo.tl Buiklirg; Maximum heigtrt of bei as m€asurBd hom finishod
grade to any Pottion of the roof slong the north el€vation shatt be 55, (Sogth
Froniage Boad)' 56' along th6 w6st elevation wesfrarcn Drive, and 65 feet along
the south and east etevation as measured from {inished grade.
4, Westhaven Building: A maximum of 55 feet,
O. Millrace lll: A ma(imum of 36 feet,
6. Millraca lV: A madmum of 96 tget.
. 7. Cascade Club Addition: /q maximum of A6 feet
8. Cascade Entry Tourer: A marmum of 36 feet.
9. ThB remainder of buildings in Area A shall have a maximum height of 4g
f€et.
( C. Area B. Colrlsheam Condominiums
t Th6 m&\imum height shall b€ 4g fe€t.
D. re*ea C. Gl€n Lvon Duplex lots .
The maximum hsight shall be 33 feet tor a sloping roof and 30 teet tor a fiat or
mansad rDot.
E. Ar€a D, Glen Lvon Commerdd Site
' 51% of the roof ghail hav6 a height bstyveen 92 and 40,igel 49% of the roof area
snax have a height under 32 feet On the p6rim€t6r of the buildings tor Area.D, hsight is
measured rrr nirn.o g,"0"
"o ,"'-t p"," "iir r*t-or ti intr*, area of any
buiktitE' lElight is measured from exlstng grade up to the htghest point ot the rool.
r Developnont plan drEwlngs shall constitute the hebht allowances tor Area D.
15
. 18.,16.160 Site Coveraqe
ln Areas A and B, no more than 35% ol $a total site area shall be covered by buildings,
provided, if any porton of the area is devoloped as an instihrtional or educational center, 45% ot
lhe area may be oov€red unless olherwise irdicaied on the site specific development plans. ln
Area c, no more than e5% of ths btal site area shall be covared by buildings, unless the more
r€stiq{ive €tandads of chapt€r 18.69 of the vait Municipal code apply. In Area D, no more than
3??. of lha total r$b area shall b€ covored by h.rildings and the pafking structure.
't8.€.170 Landscapino
, At l6E8t fis hllodng percsn@c$ of $s btal development ar€a shall b6 landscaped as
prgvidcd in tho dtveloprn6nt Plan. This shall includ6 rebntion of natrral landscape, if appropriato.
Areas A and ts, fifty percent and in Ar6as c and D, sixty p€rcsnt. ot the area shall be landscaped
unless othcrwise irdicded on the site specific dovelopment plans.
18.,f8.180 Parkino and Loadino
A. Area A, Cascede Viltaoe
1. Oft-street pqrking shail be provided in accodance with Chapter 1g.SZ.
except that 75% of the required parking in Area A shatt be located within a parking
structure or buirdings with the exception of Mi[race rv, Scenario r, where 66.6yo
ot r€quir€d pa*ing shall be enclosed in a buildlng. lf the devetopment tabte in
section 18.46.103 is amendsd, the parking requiremenb shalr be amended
accordingly..
2, Ther€ shail be a totar of 421 spaoes in the main cascacre crub parking
structur€. A 17.5 percent mixed-use credit per fie Town ol Vail parking sde,
8e6{ion ra.szzo has b€en applied to the total number of requirecr parking spaoes
in lhe Cascade strucilJre.
3. Th€r€ shail b€ a totar or 5g on-sil€ parking spaces on the water{ord
building slte witi a minimum ol 75% of lhe required spac€ locaFd below grade.
No mked use credit shall be apptied b this site.
4- Th6rB shall be a minimum ot 93 sndosed parldng spaces located witiin the
comerstone bullding with g7 of th€ required spaces avaitabte to th6 public for
shod-term parldng. No mkad us6 or€dtt has bEen appli€d to this lo!
5, Th6 $ird floor ot the Casca<te paddng structure shalt not be used to mset
any parkir€ Equh6m€nb tor accommodation unib. transient residential diyelling
r6
o
e'Iployels dwelling
{
unlts,unib or dyvelling unib,
6' phasing: Arr requir.d parking br com€rston€ and waterford shail b€
rocated on their respecth/e sit8s. Alr ,.quir€d parking for the cascade crub
w.llness cenhr Addition .scenario l shail b6 proMtled in fre cascade parking
st4Jcfure.
7. se\renty'five percent of the rsquir6d parrdng thar b€ bcatsd within the
main buirding or hJildlng8 ard hkrden from pubric vhw rrom ac{oinrng properties
wihin a landscap€d b€rm for Westhawn Condominiums, and Millrace llt.
I' A[ rsading ard detivery shar b€ rocded wrthin hrfldirEs or 8s approi/€d rn
the &volopment plan.
B. Arxra B. Cddsk8am Condominiums
Fitty percont of the requirad psrking shail b€ rocatgd wrthin the mdn hrirding or
(.
-.
bdldhgs and hidden fiom pubricviowfiom adjornir€ p,operties wir,in I randscaport berm.
c.
D.
Ar€a C. Glen Lvon Duplex Lots
Oft sfeet parking shalt be Fovided In accordance vrith Chapter I8S2.
Area D. Glen Lvon Commercial Site
l. phase t, lA and lt shall Include BO surfac€ parking spacss ptus 6 vatet
parking spaces on'the 6ast end of the surfac€ parking lot. phase lA shall inctude
2 additional required parking spacss tor a totat of 4{t requir€d parldng spacss,
2' . Phase ft shall incrude a minimum of 10g pa*ing spac6s. A minimum ot
100 spaces shafl be rocared in the parking structure. An requircd pa*ing for he
ea$ buirdrng shail be provH'd on-site per Twr'n of vair parking r'quiremenb per
section 18.52.100 ror r'esidentiar ancr orfice use. A minimum ot ereven spaces
shafi be rocabd in the gErage of tfi6 €asr buirding and a maxrnum of 5 surrace
epaces shall he located adjac6nt to tha oast builcfing.
3. Area D devehpnrentshafi m€gtttre op'rationar ,"quiremgms ouuinect in the
TDA Cororac,o Inc. Report, section pa*ing Anaryris considardions, January 16,
1990. Parkirp Analyeis Consideratkrns pages 1-8.
4' v8t6t Faddng thail be pf$ibirbd on he urest erd ot the surface parkirq rot
5. The Brerrv pub shalt not b€ open to the public urilil afbr 480 p.m. lor
Phase I and ll Monday through Frlday. Wlren phase lll dewlopment o6lrE
Incl|Jding the parldng shrctur€, the brew pub may op€rate duting th6 u€€*dayE
17
I
parHng struchJre
I
onc€ the ls available for public use.
5. The Beer Hall shall not operate or be used by.the public before 430 p.m.
on Yvoaldays, Morday through Friday at anylime,
7. Once the pa*ing stnJcture ls constucted, the parking and access b Area
D shall be managed per the TDA Parking Report. Parking Management Sec{ion,
pag€s 6 and 7, August 10, 1988, and TDA Fteport, Vall Brewery Parking Analysis
Update. dated January 16, 1990, both wdtten by Mr. David L€ahy.
B. No hadiq or dslivery ot goods shall be allowed on he public right{t-way
along the South Frontage Boad adacsnt to the Area D developmenL
S. The owner of the proporty and hewery managoment shall prohibit
sBmi.tud( and trailer tuck trdfic lo lhe Glen Lyon Commerdal slte. The only
truck loadirE that ahall b€ allowecl to the site shall b€ vans having a maximum
hngth ot 22 feet
18.46.190 Recreation Amentties Tax Assessed
The roorealional amenities iax due ior lhe d6velopm6nt yuithin SDD No. 4 under ChapEr
3"e0 dlall b€ ass€ssed at a raie not to exceed tw€nu-fiv€ cenb p€r square toot of the floor area
rn D€nelopmsnt Area A; and at a rat€ not to exceed fifty cenb p€r square toot ol GRFA. in
DeuehFnent Area B; and at a rate not to exceed fifteen centB per square loot ol GRFA in
Development Araa C; and at a rat6 not to €xc€ed seventy-five cenb per square toot ot oor area
in Devdopment ArBa D; and shall be paid in conjunclion wih each construction phase prior to
the i$suanc€ ot building p€rmib.
1S,46.200 Conseruation and Pgltution Controts
A. The developeCs drainage plan shall include a provision for prewnfion of pollution
lrom sur{ac€ runotl.
B. The devdoper shall include in the buitding construclion, energy and water
conserydion controF as gensrat tgcfinology exists at lie lime of consbuction.
- C. Tha numbar of fireplaces pemitted shalt be as set lorth tn Sec.tion 8,AB of the
Toum of Vail Municipal as amended.
D. f lireplaces are provided wifiin $e devslopmgnt they Fru6t be heat efiicient
through the use of glaris endosures ancl heat cirqJlating devices as bc.hnology exists at
the time of dweloprnent.
E. AJI water tsat res wifrin Development Area A shatl have ovgrtlow storm drains per
18
t
ol the
I
th6 recommendation
34.
F. All pa*ing struc{ures shall have pollution conbol devicss io prevent oil and ctirt
fom dralnlng into Gore Creek
G- ln Aroa D, a manhole on lhg bGwery seMce lrne shail be provided so that $e
'Upper
EagtE Valley Consotirhbd Sanitation Districl may monitor BOD strengh.
H. In Arsa D, the bfewery managFment shall not opeErte ths bfevrery process during
temp€rdu'E inv€rsions. lt shall be tho brdvery owne/g rssponsibility to monitor
inYersions.
l. Ail trash oonpactorB and bash storago areas shail be completely endos€d within
Special DEvelopm€nt Disfict 4.
J- Protective measures strsll be usad during construc{ion b prevent soil erosion into
G0re Crseh parucutarly wh6n conetruc.tion occrjrs in Argas A end D.
K. The two Bmproyee dweiling units in Area D shart onry b€ ailonBd to have gas
fkeplaces liat m€et the Torn of Vail ordinances govemirE fireptaces.
18.46.e10
District No, 4.
A. The developer shart provide or work wrth the Town to provicle adequaE pfiyate
transportation services to the ormers and guesb so as to transFrt them from the
dewlopment t0 the village core area and Lionshead area ari ouuined in the approved
developm€nt plan-
B. Developer shajl provide in lts approved deneiopment plan a bus shetbr ol a design
and localion mutually agreeable to daneloper anrt rown council. gaid sheltsr to serve th6
area generally.
C. Area A, Cascade Viilage
1. The devaroper shafl be msponsibre tor provHing a break-a,yay bortarct tor
the emergency acce€s road betriv€€n Fagre pointe/Fark M€adows" 1472
tulatterhom circle, and livesthavsn Drive. The (bsign of the bollard shalr he
mutually acoeptable to the devetoper and ro$rn of vail. This improvem€m shatt
be construcled s'hen a building permit is requEsbd for the Comerst ne, Millrace
lll, Milrrace rv, westhaven condominiums, wabrtord bufldrngs, or cascade crub
a(fttition. The bollard shail be inctuded in he p€rmit cans. The boilard shalt be
Environmental lmpact Rsport by Jamar Associates on page
roval Aoreements tor Soecial Development
1g
rl
conshr€led sub66quent to the issuance of a building peffnit and prior to the
i8suanco of a temporary c6rlificate of occupancy for $e comerstone, Mifirace lll,
Millraa€ lV, WEstha\rBn Co.ldominlums. Wabrtord bulldings, or Cascads Club
addiuon.
2- Th6 d$rsroper thar construct a sidervark that begins at the entrance to the
cascad€ club atong lff€sthavgn Drive end €xtends to the west in front of the
wssthawn buiHing to connect rvith the recreational path to Donovan parlc The
walk shall bsdconstruded wtren a buirding permit is Gquested for weshaven
conrlominiums. The aldewark shart b6 part ot the buirding permit prans. The
sid€walk shas b3 consfuctod subsequent to the issuance of a buirdrng permir and
p.ior to the bsuance of a temporary carlifiaats of ocoupancy tor W€sthaven
Conclominiuma
3. The dgv'rop€r shail pfovide l oo-year floodprain Intormation tor the ar€a
@cent b the wat€rtord and Gomerstone buirdings to fte Town or vail
community De\reroprnont Department berore buirding permits are rereasect for
sitner project.
4. The conditions tor Area A in Sections 18.46,020 B, tg.46.1g0 A_ 1-2,
18.{€.200 A. F, I, J. 18.46.A10 C, 1€, and 19.8.?20 shail be set torth in
reskiAivb oownants subiscl to thb applo\ral of the Town A,torney and once so
approved drall b€ recorded on he lanct records of Eagte county, The dovelop€r
shall be rBsporlsible for Eubmiting the written conditions to the Town Atbmey for
approrral b6torB a building permit is requested tor the Comer$one, or Millrace ilI,
or Mirrrace tv westhaven condominiums, or waterford buirdings, or cascade crub
Adcntion.
5. Hlllrsce tll
r. The dcnbFer d the ilillmcG llt project undeEtands thst the ,
rherope'ot thc w'brf.rd ind comeEtonc prcJecis located In sDD *4 L
.gn'".t b tumil specFrc obfig8ilons 3et torth In paragrsphs 18.46110 c ?bl -
| {CorncFtonG) or gcl - 4 (Wabrford) heeo, ln order to repelr rq4
'.cor'hrat w$thsurn Ddw. Thc ililrr@ ilr dewropsr,gr€es that H these
sb[g'flons
"nr not futfilred by rhe dewroFera ot the come*,one .n.t
w&rtord prulcctE d tf'" ume E bufldrng permn rs obtarned ior Milr,"Ce u,
20
(
thc illllnce [r devehpcr shail tultnr ar such obttgsuons In the manner ss
re$ofth below:
. 1. Prlor to the Ume any bulldlng permtt ls tssued lor the lillllracc
lll prcJect.nd no lrter than Decsmber 31, 1gg3, the dayetoper shall pay to
th€ Town by cash or cashler's check the sum ot $9Z,g0O to be usact by the
Town tor the rGpelr and t19oonatruc on of westhaven Drlve as set iorth ln
mcrE (btall In paragraph Sbz.4.
2. B€tore any T?tnporary Oedtflcate ol Occupancy lB lssued ,or
tha bulldlngs' the Town, rt no crpenEe of cosl to the Town, wlll obtaln tltlc
to warthayen Drlye. After the ftNnsler'or ute ot westhayEn Drlvc to rhe
Toun, llre tlcveloper ehall prorlde, .t tts cosf e due.Insuiance pollcy ln the
snounl of $50,000 Insurlng thEt t|te Tohrn has lce iltle ot we€thryen Drlve.
rf the owner ot westhsven Drrv€ ls unwrmng to votuntarily transier dtle ot
weSthavcn Drrve ro the Town, the Town of vert shafl Instttuto an scflon rn
condemnsflon to obtaln tlile to westhayen Drlve. shoutd such an acuon be
requtrcd, the deveroper sh8il pay ail costs tt€reor, rncrudrng attorneye tees,
courr co8t3, appralEal iBes, 8ny escnows requrrad prlor to taklng lmmadlEte
.1'
posrcsalon ol the property and any award whlch msy flnally be awarded by
the Court or by the Commlttee. The selecilon of legal coune€l snd
lppralseB to represent thG Town, should condemnaflon be n6cess.lry, thall
be salested by the deueloper wtth the approvat ot the Town. consent shall
n9t be unrEsonably wlthheld.
3. The Tgwn shalt commence the epalr and |E€on8truEuon of
llrBethaven Dilve and lts ongolng mslnFnance, subs€quent lo the r€celpt ot
the $971500 provrded tor In Becflon s-a,r. sf thrs ufle and the sausfactory
sont eyanqe ol il{e !o wgsthaven Drlve to the Towl qt v.8lt. The date tor the
oomrnlnoenent oil the ,rpalr 8nd |rconsbucilon and t9r lts compleflon shall
be entlGly at the dlscrufion ot the Town.
4. shoutd the Touyn not raqulre ttl3 enUE a ount of u,ts lg7;500
pald by uF develope. al the Town tor the repslr and the t€oonstrudlon of
westhaven Drrve, the Town wilr tonyard any enount |Emarnrng aftef arl
qonsrucdon and lelsErl costs have been pald In tull to the dc',eloper who
L
21
t
contrlb shall rufund auch amount ptorsta to the partles orlglnelly
$91,500.
6. Millracc lV, Scenario l.
utlng the
a. The devEloper shall obtrin an gasement itom the owners of lhe property
adecent b thB €ast€m boundary of he prop€rty commonly called the Cosgriff
Parcel, which is more specmcally defined In Exhibit A, attached to ihis orclinance
and incorporated herein by reference. The easements shall be sufiicient to permit
the consfuciion, mainbnance and replacement of retaining walls for lhe puposes
of grading and bouldgr retenlion all along thg westem property line ol sald
adiacent proFerty. The easement shall b€ in a lorm acceptable b the Town
Anomey, shall run wifi f|€ hnd, and shall be recorded on ths land records ot
Eagl6 County prior lo Design Review Board review.
b. The dev€loper shall proiidg the Community Development oepartment of
the To\m with writt8n oonsent tom the Upper dage Valley Wabr and Sanitation
District permilting fie encroachmeni ot certain declG spedfied in the development
plan forthe Millrace lV conclominiums. as sot brth in S€c{ion 18..16.140(18) of this
odinance into lheir sewer easement recorded in Book 217, Page 428 ot the land
iecords of Eagle County. This consent shall be submitted prior to Design Review
Board review.
c. The developer shall receive final approval of the site grading plan tor the
consfiJdion ot Millrace lV, Sc€nado l, trom the Town Engin66r prior to Design
Revi€nr Board review.
d. The Millrace Condominium Map, recorded al Book 326, page 257, of th6
land records of Eagle County shall be amend€d so that the acc€ss oasement
shown th€reon shall align with the ptEsent location of the roadway on th€ wesFm
property llne ot he Coogritt Parcel, anc, ths am€ndment shall be reoorded on fie
land records ot Eagle County.
e. The developsr shall install 15 (6'-10) evergrcens south of he South
F ontage Road adiacent b the Cascade Club building, and 5 (6'-10') evergreens
to the south of the Weslhaven Apartrnent foundations and north of Weshayen
Drlve. The developer shall obtain th6 vvrltten approval of the Colorsdo Departnent
of Fligl|ways (CDOH) psrmiting t|e anstallation o{ thase trBes along t|e South
I
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211
(
Frontiage Road
I
pfror to sqid installation. ll CDOH spproval cannot be obtained,
thEn a minimum of 10 (6'-10') oiergrcens shall be Installed adjacent to the
Wesftaven Apaftnentg.
l. Th€ developer shall apply {or ard cornplet€ thg minor subdMsion proc€ss
lqr he Cosgtifi Patcel and a subdivision plat signed by th6 To.m of Vafl shall b€
rocoftled on th6 hnd recods ol Eagle County prior to th€ r8lease of any buitding
p€rmits lor the aonslruction of eny structJr€ on the Cosgrifi Parcsl.
S. bndscaping along the south ard wBst prop€rty lines ot fte Cosgdtl Parcel
shall be rouewed by ths D€sign Raview Board to insuG a suitable buff8r area
bstfleen lt and the oftgr prop€dies along said g@erty lines.
h. The DesQn Raview Board shall r€rriow the arcfiitecfurp and landscape plan
furher tot compatibility with the sunounding area
i. Th€ develop€r ancl th€ adjacsnt property orvnors shall submit a lanGcape
plan for the area north ot the Coegrilf prop€rty to th€ Deslgn Review Boad for
review.
j. For purposes of calculating Gross RestoJential Floor Area permitted on he
Cosgritt Parcel, no credits ot any kind {overlapping stalrs, mechanical, etc.), except
tor 300 sq. ft. to be allowed for each endosed parldng space, shafl be Eiven.
7. Comerstone
a. Belore the building permlt ls rel€ased lor lhs projgct, the d€v€loper shail
Fermanenlly resfict three employge housing units in accordane with Sa6tion
18./t8.220 of this ordinance.
b. 1. Prior to the lime any building permil is issued for €it|er the
ComerBtons or Waterhd projects and no later han December 31, 1999, the
d€nrglop€r ehall pay to the Town by cash or cashie/s cfieck the sum ot $97,500
to be used by he Tqpn tor lhe repair and remnstruction of lffesthaven Drive as
sBt for$ in more d€tall in paragraph 7 b 2 thrgugh 4.
2. Bstors any Temporary Cedificds of Oocupancy is issusd tor fle
bullding, iha Town, at no sxpenss or cost to lhe Town, will obtain fde to
Wegtharr€n D,iv€. AJisr the hansfer of lide of Westhaven Drive b the Torvn, he
developer shall provide, at itB cost a ti[e insutance policy in fia amount ot gS0,00O
insudng fiat the Town has lee tifle ol Weslhaven Dfive. lf he owner of
i--r-
'1
i
a
t
Ddve is WEsthavcn unwilling b voluntarily fanster tiUe of Westhaven Drjve to the
Town, the Town of vail thall institJte an adion in condehnauon to obtain tifl€ to
wess'aven Drive. shourd such an action oe requireo, ttre oeveroper shar pay ail
€osb th6r.of, induding dtom€ys fees, court cosb, Appraisal fe's, any escroves
raquired pilor to taking rmmediate possession ot the pfoperty and any award wh ich
rnay finaily be awarded by the coun or by tie.commitbe. The serection of regar
€ounsel and appraisers to reprasent the Tovrn, should conctemnation be
nqa.ssary, shafi be eerecled by the crereroper with ttre spprovar of the To'un.
Cons€nt shall not unEasonably wilhh6ld.
3. Th€ Town shall commoncs the rapair ancl reconsfudion of
Wssthaven Ddve ard its orqoing mainbnanco, subsequent to the ,6caipt o, he
$97500 provH€d for In s€cuon 7.b.1. of this tiil€ and tbe satisfiactory @nvEyance
of sila to westhav.n Drive to th€ Town. Th€ rrate for the commencement of the
rspair and
'eeongtruc'tion
and tor its compretion shart be entirery at the discferion
of lhe To',vn,
4. Should $e Town not r€quire $e Entire amount of the $97,500 paid
by the developer to the Town tor th6 repair ard the rsconsruction ot westhaven
Drive, rhe Toyvn wi[ forward any arnounr remaining after ar constuction and {
related costs have been paid in rul to the developer who shall refurd sudr amount
prorata to the parties originaily coniributing the $9Z5gg.
c' Th€ randscape pran set fortr in the deveropm.nt pran br comestone
between the Tenace wing and comerstone 6uilding shal bs r'\rised prior to the
r6view ot th€ project by the DRB in fie fullowing yvays:
1. For ernBrgency servicss, an acc€ss lane shall be provided from the
wesbm courtlErd to tha *i lin.
2. lf deemed necessary by the <levetoper and fre Gommunity
Deyolopment Dsparfnent staff, the waler teafiJre on the tanGcap. plan may be
r€mov8d or revised. The lsnGcaping in this area shart b€ parr ot the comerstone
dgvelopmenL and, theretore, il t fre Comerstone develope/s responshility to
cornpreb thrs portion of the project prior to the r.r.ase of a finar c€rtificate of
ocq'pancy for the projeet. Thase plans siart be incrudecl in the buirding permit for
the Comerstone devdopment
24
I
(_.,
a
d. Afbr the Town or vair has ti0e to westhaven Drive, n shail convey tiile to
the de\reroper tor rhe ar6a of westhaven Drive under whici parking is rocated
'or $e comelBtone Frojec{. The anended minor subdivision prat shar be submitted
by lhe dBvetoper before a building permit is r€leased lor the Gomerstone site. The
rfeveloper shal dedicate an aocess easeme b the To'wn over tiis portion of
W€sthavon Drive.
e. Art fir€praces shart b€ gas apprianc€s purguant to section gcg ot the vail
Munidpal Cod6.
f. Those spaoes allocabd b comm6rdal areas as short term FJblic parking
shalr be permanenuy festict'd tor fie use of the come*bne projEct Art requirert
pa*ing associated vvith th' US9S Sha[ not be conveyed, used or reased separatery
rrpm the uses, pubric parking on rhe westhaven Drive rever of the comerstone
projBct shall be made availabte b the public lor short term parking,
L Watertorct
a. The developer shall permanen y resbict the two emptoyee housing units
provided in the wabrford D€veropment pran in accordance with section 1g.46.e20
ot this ordinance.
b. A minor subdivision Frat shat be completed and r.corded prior to fie
release of any building permib for either the comerstone or waterfod
, developments,
c. 1 . prior to the time any buirding permit is issuect for either come*tone
or Wat'rtord projectg and no later fian December 31, i993, the develop€r shall
pay to fie Town by cash or cashier,s check fre sum ot g9Z,S00 to be used by the
Town for the repah and ft,consfuction of Westhaven Drive as s6t ,orth in more
detail in paragraph 8 c 2 thrpugh 4.
2. Before any Ternporary cartifi€ate ot occupancy rs issu€d {or the
building, ths Town, at no expense or cost to tie Town, will obtain tiile to
westhaven Drive. Aft'r the fansfBr ot tiue of westhaven Drive to the Town, tre
developar shall provide, at ib cost a title insurance policy in the anount of $50,000
insuring lhat the Town has fee litte ot Westhaven Drive. L the owner o,
wssthsven Drive is unwiiling b vorunrarily tansfer tilre of wesfiaven Drive to he
Town, the Town ot vair shafl insttub an aclion in conctemnation to obtain tiue to
.-"1"'
25
oo
Westhaven Drive. $hould such an adion be required, the developer shall pay all
co€is thereot, including attomeys fees, @uri costs, appraisal tees, any escrows
mquired prior to taking immediate possession of the property and any award which
may tinalty be a'rrarded by the Coud or by the Committee. The selection of legal
counsol ard appraisers to rop|€sent the Town, should oondemnation be
necegGary. shalt be selgct€d by the. dewloper $'ith the appro/al ot the Town.
Con€€nt shall not unreasonably withheld.
3. The Town shall commonce the repair and Econsbuction ol
We€thaven DrivB and lb ongoing maintcnance, sub€equent to tfie receipt ol he
$97"500 providod for in psrag]lph I c I 8nd the sdisfac!0ry oonveyance ot tiile
lo Westha\ren Drive to the Toum. The dat6 for the @mmenoement of the repair
and reconEtru€{ion and lor its compl€ton shall b€ entir€ly at lhe discr€tion o{ the
Town.
4. Shout€t the Town not rBquir8 h€ enurs amount of |he g97,S00 paid
by tha developer to tha Torvn for thg repair and the reconstruc{ion of weslhaven
Drive, lie Town will forward any arnount r€maining atbr all eonstruction and
rclated cosb have been paid in full to the developer who shail refund such amount
prorda l0 the parties originally contributing the 997,500.
(t. The r€creation pati shall be r€located as set forth on fie dsvelopmont plan
and shall be amended on the minor subdivision plat for the Watedorcl and
Com€rstone lob b conaspond to tfte new location.
e. The DHB wilt review the lardscaping in th€ areas of tte retrining walts on
tho west and east ends of lhe slte. The DRB wifl revie$r the nonh ebvations
archibctural d6taits. The appticant shail revtew the possibitity of etiminding $e
$ki€r access on the €ast snd of the project Hou/6ver, it the applicant r€n
sbniticantly decrease fie retaining walls necessary to build fie access, $e skier
' as8s6 may remain.
t. All nreptaces shall be gEls togs permitted pursuant to Seotion E-eB of the
Vdl Municipal Cod6.
' D- nrea'tj, cbn iydn Commerciat Site,
1, The developer shall agreB b aonstuct a bus lane per Town ot Vafl
sHtdards in ths area ot rle porte€€fi€re ol the Micfotre, tery in Area D. The
specitic the bus lane shall be mutualty agreed to ry the Area D owner
afd/or developar, Colorado Division ot Highways, and Town of Vail, The bus tane
Ehall b€ cgnsuuc.l€d subsequent to he issuance of a buitding permit ancl pdor to
lhe issuanc€ of a temporary certificale of occupancy for either the brewery
acklition, otfics €ryansion €xcluding phase lA, east office building, or parking
structure. The develop€r andlor owners of ar6a D shall be responsible for
maintaining the new bus lane, indudirE snorv r€movat. It the lane is not
mainleined propedy or snow rgmovat is not adsqude, thg Town will not provide
bus sewics to he site,
2. The devaloper shall relocde th€ Bxistng bike pa$ on Aree D and provide
a new Hke palh easem€nl affoss the Glen Lyon property and CDOH prop€dy per
the development ptan fDr Area D. The bike psth sndi be construclecr per Town
ot vailstardads. The biks pa$ shalt be constructed subsequent to the lssuance
ol a building p€rmit and prior to the lssuance ol a tenporary cefiificate of
occupancy for either lhe brsr/ery. addition, ofiice expansion exduding phase lA,
east oftic€ buiHing, or parking slructure. such temporary certiticate of
occupanoies shall be conditional upon consbuction of the bike path provided lor
horgin. The bike paft easernent shail be replatted anct approvat obtained trom the
Town council prior to the issuance ol a Emporary certificate ot occupancy tor
either fie Brewery addition, office €xpansion €xduding phase lA, east ofiice
building or parking structure.
3, The deveroper shalt uncbrgrolncl the etectioat urilities arong the noilh sid6
ol tre Glen Lyon property trom the norftwsst comer of th€ property to the
northeast comer ot lhe property. This uflity work shall be consructec, subsoquent
to fie issuance of a buirding p€rmit and prior to rhe issuancg ot a temporary
certificate of occupancy for either fie Brelrv6ry addition, ottice expansion, exoluding
Phase lA sast olfice building or pad<ing strucfure.
4. The deveroper shafi b€ responsibre for retocating the ao toot utirity
€asemerd On lhe westem Fortion of Deraelopment Area D as u,E ?S cl*"lning
aFproval trom the Town ot vall tor the retocated utility easement bsfore a buikling
permit is relsas€d lor the mic'otlewory adctition.
5. The developer ot the Glen Lyon Otice prope.ty shafl noi fite any
o
looation for
t
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27
remonstrance or potest against the bmation of a local improvement disuict of
other financing mednnism eproved by the Vait Tdvn Council which may be
tstEblished for lh€ purpose of buitding road improvomenb for ihe South Frontage
Roact.
6. Ths dovaloper shallprovide afire hydrant p€r Town of Vail Fire Departrnent
requlrements on the northrvest portion of fie property. The specitic location for the
ffre hydranr shall be apFroved by the vail Fire Departmenl, The fire hydrant shall
be p(o/idsd subsequont to h9 is6uance of a builcling permit anct prior to the
assuance ot a temporary certr'ficab of occupancy for tie bfewery addiuon, office
€pansion excluding Phas€ lA, €ast office building, or parking structure.
7. The Developer strall conslrucl E de6lsEtion lang atong South Frontage
Fload per th€ CDOH accGss permit The daneloper shalt submit ptans lor the
south Frsntag€ Road improvements to the Toilm of vail Engineer tor review and
approval betorB e hrilding permit is r€leased tor €ither phase I excluding phase
lA, ll, or lll construction.
8. The conditions lor Area D in Sections 19.46.i80 D, 19.46e00 A, B, F - K
18.116210 D, 1-7, a;d 18.46.220 shall be set brfi tn testidiv8 @venails subject
to lhe approval of ths Town Attomey and once so aFproved shall be recorded on
tho land recods of Eagle county. The developer shall be responsible lor
submitting the written conditions to fig Town Attorney for approval betore a
building permit shall be issued for the Microfuevrery, ofiice expansion excluding
Pha€e lA, east ot ice building, or parking structure.
L Ths minor subdivision ior Area D shall be developed per the tolto$,ing
conditions:
a. The dswlopmont ot parcets A B, C, ard D, shall b€ limited to the
SDD No. 4 (hvelopment plan ar6 govomed by fi6 SDD No.4 ordinance
as appoved by the Town of Vail and on file wr.fr fte Department of
Gommunlty Darelopment or as amended and approved by the Community
DevelopmBnt Deparfii6nt, Planning anl EnviranmelTlal Cornmlssion, anC/er
the Vail Town Councit.
b. The minor subdivbion pld shall ln€lude a statemsnt that
developmsnt ot the four parcels shail be govEmect by he appoved SDD
i 'f
,
28
o
4 developmenl dan lgr ar€a D an{t goveming
o
ordinances,
c. Tha Community Devslopment Doparlnent and Town of Vail
Atomey shall have the right to rBview anO require cfianges in any
'Agre€mentB of Tonants in Common., .Convsyance ot Easement and party
tvall Agraemenb', and any other eas6m6nl or orvnershlp agr€emenE
relabd to thB de\€lopment of parcsls A, B, C, and D to ensure that r|e
lour parcels are developcd per the approved developmBnt plan in SDD No.
4 Ordinance.
d. The'devetoper shail be responsible for reflatting the e0 ,oot utitity
€asement on the westem portion of development fuea D as rvelt as
ot*aining approval from the Town ol vail for the new utility easement
before the minor subdivision ptat is recordect. Any rnoclifications or
amendm€nb to the minor subdivision conditions of approval agreement
siafl be revieured 8,s a m40r amsndment under th6 procsdur's oudrnsd in .-n''
S€ction 18.40 of fre Town of Vail Zoning Code.
e. The conditions tor lhe minor subdivision in Section 1g.46.2i0 (Dg)
A, S, C, and E, shajt be set forttr in restrictive @v6nanb subject to lhe
appro'valot.the Town Attomey and once so apgrovecl shall b€ recorded on
th€ land rBcofrls of Eagre county. The deveroper shafi be responsibte for
submitting rhe written conditions b the Town Attomsy before $e minor
subdivislon is recoded on the land records ot Eagle County.
10' The en[r6 Gren Lyon ffice Buirding and Brewery guitding shail be
sprinlder€d and have a fire ararm deteclion system. Town of Vait Fire Deparfnent
aFproval of the sprinkler and fire alarm systems shall be required b€fore a buitding
pormil ls Eleas€d for phase I oxduding phase lA or il.
11. The deveroper shart submit a set ot amerdect pran$ to the cororado
Division of Highwayr for r€view and approvar. ThB improvemenb on cDoH
property proposed by the dewloper must recsive cDoH approval before phase
l,_€rduding.lA, ll and.lll ar€ pr€s€nto€l to the Torryn d Vail Destgn Ravi€w Board
tor tinal approval,
12- The east hrirding lncruding the rwo enproyee dureilrrp unrts shail ba
construcEd when fie parldng sfucture ls built to ensurc that the Irnployee units
29
are bullt.
18.46.220 EmploveeHousino
Th6 dgyelopment of sDD No, rf wi[ har6 inpacts on availaHe employee housing within
tfia uper Eagle vatlay at,ga. h ord6r to.hatp meet lh'rs addilional Bmployee housing need, the
d€wlope(s) of Ar6as A and D shall provicb employe€ housing on site. The devetope(s) ot Area
A shell build a mlnimum of g €mploy€e dw€lling units wfiin Arga A wEsthavEn condominium
brxksng, I wffiiln th6 com8rstone Buitding and a witr|in fte waterford guilding. Each emptoyee
fi/elling unit in he Westhaven Condominium Building shall have a minimum square tootage ot
948 squarg t€et' Each employ8e unit in the Comersbne Buiklirg shall harre a minimum square
footage ot 600 square feel There shall be a total of 2 ernptoyee d,velling unib in the Watertord
Building. one ehall be a minimum of 800 square teet and the ofrer a minimum ol g0o square
leet. The clev€loF€t of Arsa D shatt build 2 €mployse d^fetling units in the Area D €ast building
Fer tr|€ appro\6d plan br the East Buitding. In Area D on€ emptoyee dflelling unit shall have a
minlmum GRFA of 795 squars t€et and th€ second gmployea dtivelting unit sha1t have a rninimum
GHFA ot 900 Equare feet. The GRFA anct number ot omploy€e units shall not be counted toward
atlowsle density or GRFA tor soD No. 4. In Area A, the GRFA and number ot emptoyee
drelling unib shall be r€striet€d as employee dwelling units tor 20 years plus the tife of Tiftany
Chtistin6 t owenthal hom the dats ol finat certiticate of ocarpancy for sail units exc€pt fiose unib
in the comerstone and watertord developments. The hffo emptoyee dwelling units in Area D
shall be resticted as rental employee dwelling units permanenily. In Areas A & D he following
restrictions shall apply to all employse dwslling unlis €xcept for those unib in the Waterford and
com€rsttrre Buitdings. The employee ctwailing unit shail not be leased or rented for any pefiod
of hss than 30 consecutive days, and that if rented, jt shalt be rentect only to Enanb who €ue tull
time erploy€es in th€ upper Eagte va[ey. The uppsr Eagl€ vailoy shalt b€ deemed to incNucte
the Gore V€lley, Minnjm, Red Cliff, Gllman, F gle-Valt, and Avon and their sunOunding areas.
.
A lull time emplol€e is a person who worr$ an av8rage or ao hours per week rn ArBa A, ff an
cmployeB dv{efling unit is sotd, it Bhatt b€ soE only !o a fult time emptoye€ in the upper Eagte
vdley. Tlie onrner thall qccupy thg unit or lease/rsnt as p€r the r€guiremenb in this sec{ion. |n
Areas A & D the orrFto,y€e dwelting {nit shall not be di!.id,€ into any torm ol.Jfiesiare, inier vai
ownershlp' or fraclional fes ownership. A declaration of covenants afft restrictions shall bg filed
on recolE| in tfio offe of fie Eagle county cl€tk and Recorder in a form approved by the Town
Attomsy for th6 b€nefit of th6 TOwn to ensure that $e resiriclions h€r€in shall run with $e larul
30
t
released
t
befo,rs a buitsing permit is for he construction of the employee unib in eilh€r Area A
or Area D.
Bofore eny buikling pemlls shall be Eleased for €ifier the Comerstone or Wateffoftt
dwelopmenb, the employee houslng unils shalt be permanently Bstdcted per the Tourn of Vail
Ftlt Elng ffiinence as lollorrs:
1. The EHU sharr have a parking requirement ot one (i) on-site pa*ing space and
ft6 EHU shall b6 looated 'on' the Tourn's bus route (as determined by the Town Zoning
Adminbtrabr);
2, The EHu shall not be subdivited into any lorm of um6 shares. inteilal ownerships,
or trac{ional fee;
3. The EHU shall be lea96d, but only b tenants sfio are tulFtjmo omptoypss who
work in Eagle county. The EHU sha not ts teased for a period less than hirty (30)
con$eartive days. For the purposes of this sestion, a fult-tim6 employ€e is one wfio
works an averags ot a.minimum of fiirty (90) hours each week;
4. No rater than February 'r of each year, the owner of the emproy€e housing unit
shall submit two (2) copies of a report (on a lorm to be obtainecl lrom the community
Development D€partment), to the community Development Department of the Town of
vail and th6 chaifperson of the Tc'\rrn of Vail Housing Auhority, setting forth Bvictengg
estaHishing that €ach tenanl whom resld€s wifiin lhe employee housing unit is a fulFtime
emdoyee in, Eagls County;
5- This agr66mBnt shell bo tecotdBcl at tfie Eagle County Cterk and iecord€/s Office,
18.46230 TimeRaouirements
sDD No. i+shallbs govemed by the procodures outined in section 1g.ro.l20 of theTown
ot Vail Municipal Code.
$ec-tion 4.
ll any part s€ction, subse€iign, sentsnce, clarse or phrase of this ordnance is to, any
res$on hoH to be invalid, sudt dedsion shall not atfgcl the valdity ot the remainlng portions of
tlris ordinanc€l and'th6.Town council her€by dedaras ir worrtct travc passed this .|.dinercs, !'llc
6ACh patt saction, subseaiion, santence. dausa or dtrase thefeot, r€gaftltess ot he tacl thst any
gne or mon' p8rb, sactions, Sub6actions. senlences, clauses or phrases be dedared invafd.
I
t
I
{
31
Section 5.
The rcpeal or fie repeal ancl re€nacfn€nt ol any provlsions of lhe Vail Municipal Code
aE Frovlded in liis ordinance shall not atfect any rbhl tvhich has accrued, any duty impossd, any
vidafion that oocuned pr'lor to th6 effeclive date hereof, any proseculion commenced, nor any
othar action ot procs€ding as comm€nd und€r or by virtue ot the provision rBpealed or rep€aled
and rB6n8ct8d. The repeal ot any provision hersby shall not r6vive any provlslon or any
ordinance previously r€pealed or superseded unl€ss expressly stated hsrein.
' Sectlon 6.
A[ bylans, ordeE, resolutions and ordinances, or parb ther€of,
incon8i8t6nt hsrsu,ith are hersby repealed b the extent only ot such inconsistency. The ropealgr
shalt not be construEd to revlse any bylarv, order, l€solution or ordinance, or part thgrEol,
hereblore ropealed.
INTRODUCED, HEAD, APPROVED, AND ORDEFED PUBLTSHED ONCE IN FULL ON
FlFsr HEADING this 18th day of May, 1993, and a pubtic hearing shafi be hetd on thls
ordinance on fie lst ctay of June, 1g9g, at 230 p.M. in the councll chambers of the vait
Munitipal Building, Vail, Colorado.
l4<
ATTEST:
Margaret Osterloss, Mayor
FEAD AND APPROVED ON SECOND READING fiis ./g/ day ot ,IuTzI- ,1ggg.
futltsr.tcf..!q V//€ c?:uy' t:-< - )''
ATTEST:
32
';; t. ' . 'i.:.*ii.:r.. ,..v . r XOELDEL PnOnlP.Ti- .
i;. "' ..,. . :'il:'l::'-;ipEVELoFi;lE:iT A'nqA' i
A-a..--,,,-r,.i,l-:Fd+.gf. thc sH t:/4 .NE t/4 oE sccrton t?,r_i..;:TgL:piir.-so!l!,h-i -nlnee .01 uisr ot thc 6rh !.lt;;"diil:iucd as ...:JoJIgllS :r. :,.r 1.. .,.1. ,,....i., . :1..--,..'r'
'rt.i1'Aeginnlni.!.! a.Dolnt.on the l{cst ].lnc o{ aaldt Sf.l t,/{..Nu I/t.l'trom rrlilch' ttie uort,ir oiie-oii.r:ii, EoF,.,nr ^r..-i,r.l
:: '.' ''" " ..'ir'r' 1,.,,,.,''.....,. v
:'.'i . ..itrin.t s. 20o4lt !1.'130.61 fect ltong the Ecntci lLna
,\ 'trrci of land siEltLcd Ln ths Sl.:ti:Et of ScEiion l:.''.:.TF 5.s. r l. r.8\..trt.:r.'o!.the 5rh F.l't.. I.Jin9 souiicrfi-oi-ttric'cc:iatn .tr:ctol..}and.dcsc:ibcd.inDooklgg,..l'agcI9?,llorlhc:!1r6n.1 ' .' :._l.lesrcilt .o{
_.j.flre. cfnicr tlnc of corc-preitr, oni ff.inf -loittrcrty-.ana.
.lL'- E! E tesli:: o t iithose certaj.n trs.cts dcicribcd in lolk ztr. uu lrDrr-c '106,'
': :9o{: 2ll aU'Pogc.100 anit Dool: 215 ad Fage 365. dcscrilcd as -'
' 'lolJ'or'rs:.'.d,'.'r:1; ', ':.'1 :..i'..-' : .'.t' DcAinning _!t .a point on Lhc llorih-south ecnrcr llne .-. 9f satd.Scction 12.whcncc.ghc Norgh quarEc: cornc= o! stld Scction
,'.: 12 bears ll. 00ol5r E. 2269.48 fccti I
-', bcainning, 'sald 'point bciirg on thc sbuth linc of that, tlacE dbgeribcd
' : lron thc .llorth AuartcE cornca of coid Scc:ion 12;.. ..'. "r. :.1:ji tlrcnac.N:' ?5oI5' E- 71?.04 f cct along tlre Southcrlv'f :-linc og th!ts EracE dcjcrLlred in llook lg9. !.agc 19? co Lhe ccsics ..{ '.:gl 6Df ei:Creeki t.L;r/'.,i. }..a ,
ri;;";t' rr-"iiii . 6Fi;.j ii; "::: $ . i!" ;i:i: .t1"".:;"1,1,?i
"oa!1 . 1 ;; ;1"i ' - alons said.:*csErlinc,..r5:. 16' rcoE-i6 i foiir"6i-ir-.l iluril":re;ry "-.rlshE or uav rine o.0: u.s...rrieh;;v rrJ.-s';-ii,'.niii,'li.ig'ilria . .-'.sourheas'.c.:ly cighc oI vay ti;;;' oi-io"ro,,",- .: ..-r;i tlrl.'i.....
:,'"';i,.il!til'i3i:l:::Hl:}l3:3},fl3li.'u'.:..:...'....North {8olf,r.Eastr.S.l9.0g'fcct, notc or Lcssl to a po!.nts , on thg North.Ilnc- of..sg{d Sri'f7l-tri-f/il; Ehcnce Norih Bttollr .'..l-a:!, 1!o1s thc.lrorth'rrnc or-'sard-sir r7a ni,-ioi-ii'drl uorc o!.'less' eo a po-inr on_rhe. ecnrcr[ne or cbre- cic;t; it,;;"";-aiong tr,c .r .cc:ltcfl,lne 'of Gorc Crce.l:,, a: Iollous:
'i,*;-: south 36d49, ucsi, 101 .0rl fcct:
,.-+i,- . 'souLh:l:ill.l{es:, 20s.02 rcer;( -. South 12ol0r nesE,, It0.23 iecll lnd south 2Eo,llr l{cs!, 2.l2.Js fect., thencc. soti..h ?5oIS,. l.'ilwcst, 1064.'r0 raBE ro ttre poini oi-icf in"ir.;; ' :-' -' !i .'.,
"tnono FSrcCI.lr, .li'. ..r,,,-.-..' ' t' 2 .r o.. r-+r.
-, i.' oS'sri.1: cte;[;1]i::''r i. -.L' --
. thcnec S. 05024t10" E. 104.50 fcet along thc ccnLcr . .,. . llnc of^batd'.crcckr: .J ^-.'-l.',...." i . ^ . thcnce 5. ,[9"29r 1'1. 95.50 fcct along thc ccntgr"l.inc
' ^
t;' ..:91' sqld...9rcckt.i.:ir,;:,:. .: i,! ..,
.: !.:l . _ . -' _' -thc.nce'S. 220:4r }t.'12,1 .4? fc.ct.llong tbc ccntcr llnb rl i:li;. Ofl .5rlq .'Cac-ckt.ir !.",. -.:r., . . . \-?''-'i .:. thcncc S- 5tlo00r .ll. 119.3{ f ccE alonc thn cEntpr 1{--i;;'. f,I: .:iA \tl *t Is-sr(J.it l.'.'. -':i., . . . \
;;1.'; ., -,".. 99. rrlc'ef c_ckt_l.to. lhe. Southcarl corjrc! of tb!r ccrtaln t,stct of ,
i. - . land,-dCs.crlbedr.J.n,.Dook l11r Fagc I0B1 bedr.J.n,.Dook ?11, Fagc I0Br thancc N."33"IG,30" ll. 1,10.12 fect al,ong-the EasLcrly
; : .:.,ltor;hctitlel;1.--v. ,r'ini.:i; tlii tioci'aoi;;ib.e:i; ;ioii'zii at prsc r00 .: . ' tlrcncctN:ii06:02130" tr. 162.92,f ceE !,long thc l{oitircrty ' . , ,.r,;11.! or...,!19{l .graEr!"aci-iiuca rir looy.- trr:ii rig"'rdg-r;;i-iii-': . "-.'l c Pagc lpc jco.'.!'pointt ;. '.i i ' o'th,:-rici- N. '1205?'f,o" t{.'76.00 fcaL nlono !,hc F -, i - rnerctr N. Jze5?'fo. t{. ?6.00 fcct along lhc
..-: T?:th::"!:lly-J,tnc o!_ rhlr rrnc! dcscribca-in-looti its at, lage .( . f55r Eo Eha poinE of bcginnlngf.
..j"...
: ";'. '
33
li
co::Trii' ),l i
'. ir.rn . t
.lHD .'
., t.* !ryt rare.:I_!hr;,111,"i !5 ;.1.i;0. ii; ,|j*,::"'i'."rr l;' .tho ccnEor' oE corc crcck -as.bhotr'.i 6n 'ctrii''iritiiil'fLiE'-iri. trro..orircE or tshc EisJ.c courily irerk' ano ncioiJci-iii'oEii;liit-iio.....9?.189 | dclc:ibed as f ollows r . ., i ::": .
. r.i:.lt .
:gJ
nc{inning a.E llR^Igttheasr corncr of said SS1HE!. ,:ti.;.'.'. , ttti:.
. :lit.Er::l:n lo"rr' nrsr r31.6? lcci to-i pliiil'i.,r *A iinuer.of.:i;..
thcncc souih io:t?: l.res r 9.t.04 !cc!, llong rhc ccnscr 6t saiat ci.rrl . thcnEe souEh l8oglr lrest ii.ori i"ce "ron6 iii";;;;;; ii sara cr:err.i:thcnce sourh lol.t'. lfcsr,205.02 io"i "roii iiii;;;;;;;i;;id &;;t;.' rhcnee souEh lzeld, ircit iio.is-i""r aroig-itr"-ciiir"r-i: said c:eeti!thcn?e South lBo.lI,..trcsc,.tiO.OO i"cr thongc so!:qh so:.tt3'o;;-il;[;:.i;o.o;-;l;r
"r"n;'.16,;:.;c,,r{ici..o! rrid,.. crccl: t ' thenec Soith A?o00r03i ltcs! 85,2,1 fect along thc ""nio= o! aald ,crcck;'thencc. South 54o00' l{cst ZSg.3,l fce!,. alonE thc. c.ntcr o! sald . cregki . . .. l. . r:ilt',.: - .'.thcnce'Soutb65o3d|l{est1o9.52Iect.atong.the.cent!rofsald
crc E.}. i :,' ' -'-; ; - :---. ,. -
. thcnce South 69o0.lr lfcst,:186.13 fccE.along.thq.ccntcr of sald c:iehi .,.' '...thcnec soueh \0set5:. !.!esr.60.gE f cer,..aronE'ttrc: cilil;-,oi griai crceki tlrenqc.ilo!:h.1i:l!: l{csr, t6.e6 fcee aloni iri; ;il;; Ei iiia ile=!;.i: .,thcncc. t,orth 5Ooi3t uc,:r, t99.19 fcee aloig-It e-eiinter-ic sai.a i=cei:r thence i.tor-.h 30e40r l{eie 239:09 fcec alon!;Ehe scn'tci o! saiti qeek.thence souta ?6of,5' r'les'. 89.91. f ecr, arohg-rhe ctn'iei-ot-saia-eaeij'..to I poinE.on thc tfestcrly Lin'e of 'said StitltEt; .. :tl:Bnce soulh 0or5r r'reli 461.90 f ccu g6rthc'iintcr,,of ralcl sct::cn 12i thcncc'Norih 89.02' EaEt 13u2.65 fccc,alon,, thc. $ouinelry l,.tn",or,stld, SliLtiEl to thc sou:hce3t colncr oI, sliil: S!ir5|1g1r.llill9 lrorsh 0o06,. Easr r:e .r .iz- {ccB alons .tlciiiiicrr:, rI!:e. o! s.ttd slthllEY to !,hc NorihcaEE cor:rcr oi saiC Stttt:!!... the poiit oi bcgLnnLng, I :
'altD ' j ir.
lhc illfhsEt of sccllon 12 I Towns.hlp 5 SouLh, nangc Bl*ttcua o, ,:."r,i ;:.6!h P.lt.j :. .. 1.,....i.:...3 ,..,;:..:i . i...,1, .i. ...lllD ' ..'
rr11 that Fafa of'thc sEttntri'of sec'tion :.2.-i..i"tilii;'s sout.l,, nanql -.:8l Hcsg' of thc 6bh I,.lt..r lying Souchcrly oi.;the- fout,hcrfy r,ighU 5f ve_y.Iine_ot U.S. ttlglr..;a1' lto.^6'.as shor.rn o1 -tSelplae on if!c:f; the ofiice of' thc Eagle County Cler!: and Rccordcr.'as DDcunEnE Ho. g?40s dcscribcd os' f oliolrs :!..
' Doglnning a!thcncc SouLlr
sa j d SEtNtlt
highuay 1 thsnce t{ort:l of uay ].lnc
SEtrl{ltt: i
tha sourhc!st corncr of ral,rl litrffilr
890OZ' Hcs!. tI36.95 f cct, aIong..rhe.. southcrly flnc oi.'ro a polnt on tlrc Souclrerly rlghE'gf uay l,l-ne oi-;ii6 ;'
51ol5t Eact I05?.0? f ccE,'llong'the:5o'.rt:of raldt hlehuay .ro a lornu-on"ir,":iiiil;l;tlI"lt3l'saldl .
thcnce .SouL,h
8El:l{l{k to ths bcbltnlngl
oolst ?lcat 628.21 fcet llorglthi Easterly IInc SouEheast corhcr of, sald FEtl{ltli'.:'thc point-oi ot' ra&l-
l' r-: '
ENCEtr. TllE ?ottollrllG :
'Lhat part dcsci
th!E part dcccrlbed
lbed in Dqok
,i'l ln.!$ok
100
rel
201
14
at
l-at
ab
.
'..1': :
pp.ge 545;
:-l .,..'.'
pagc 2{l;
pngc 2!1;'gh!E parc dc:crlbcd In
I - t;'
j ALSO,.I$F i.tollD:llirc FAnciL t0ffiiP.LT. rloxit
and
.c0sGilt;' FAR€ur' .'...
531;
adov e -d csc.;ibccl' propcr:y ,
.r.rlri ch..t,hc pa:'-ies ln.-c ird
' ',' :'.rlcgtnn'lng'at a point..uhcncc thc llorth QuirEcr . ... ;t!.Cor.ncr:..:of.:st ji Scct:lep lf bears li. 11....03,.h,..::??92..?'2;.f cct:.thcnce S. 60'02'30" l. 89.50'- f cct: .rhenEctS. 5q.42'30'. E,.- lC.9.Eb f cct:. rhcnc:i..,. '':r5..,.33116::0"..L. 140.I? f tcuio :'po!:ri ia thr i:j '.:. RcnLcr .o[:. sr i.d. crcek: Lhencc S. 65..]4' l.'.. ) 09.62 . 'I ect.'a).on5, thc ccn!cr Iina ol.sald crtska th:nc?"'
" ' 'r';. siid.,crtek:..thcncc !i. ?l.,12'io" tJ.'31?.!4 f cat,. !o !h!, poinr oI Lcg!nni:rg. containln6 l.Q5 !ctrJ,
. rr.or ? oi lesr. t
r.Ls0 Dxsc;.] x,rl,.i-ijr:,::;,;rr. .ffi
'. Eeninnjni oi o F(r! nt lll-,:rr.c t}c I'tofth Qugfte!. . i;?";i oi s"irJ lcctior, lJ bcerr l'1. !t'03'!t.
:', iiii.zZ lrdt: rl.tncc S. 85'43'lq" E.'8!.8{ fsct':
." ' ' ". rhinct S. 57'25'i0" L. 169.46 Jae ri Ehc'nce S. "
. .'...'-: .: 9i.,:Z'jS.30,.! E.. 141 .{7 f cer: r,o a polnt ln Lhe.'i' .'..i.:"lr:;.i[i';i'i;-rif oild ircct; rhcnce S'. 65'31'36', U. ::.' ,::'.l iO-g.gl f ect. slong' rhe ccntEr lJnc ot' teid crceli
crrDtEi lJne of rrid crceki thence lt .2l'2{'09"
.*...ft9.09 Icrt to..the point oI btS,lnnlng. ' i
..t .t .. 1'.rrr -' -.I .''':;. .''robitttrn'.}.:: rH en ernrincnB qr dcscrJbcd '!a'Docu:lEn'-':' r;' l"*"'reci;dc6'Alr;'.jst 5.'l96it ln'Doot 306 8l-"?08,i.4(l ' .i...... t:,*ii ond' tc.sordrd..J:r tot'( 30J sL ?rEG $6 'of thC
.' '.r. .'r.i..'i-'.E-a Fl..&: c.ounl y '.tecoqE5..
.li1',l .f.': .r.r.l.'A tract...o[ ]end riruarcd in rhc Stf l/4 Nt l/4 o[ ..r-:r..5.9.c.t1oq,)2, To;ngbi p 5 SouBh. ltang= El ,!lr,s r of .- LlrB 6th lrincipal llcririian, 11.in6-l{orEhucatcrl}'':.. .;;g[.t.the :.ccnLcr. l.jnc of Cors Crcct, dcscribcij .c,c . :tcil'lor.'s:i '.'i: ':.:,r:: ,.:.i ..:
rii.-iiZS in Eag)e coun!$ DistrJcr.courE,'.Dhd
ll I that Folltoir ol 1l!Lcr rlthLs otsr stu 4rr ;ii ii;l norit-o:' ol 1l!Lir rlphrs dt.s-r.stu e'
iii,.r.-it"..,.Ltr c.!1. +l 0, llatcr-Dlijslon l:o. 5,Eiir.-tt"..,.Ltt c.!l 4l 0, llarcr-Dlijslon l:o. 5,
'(Gor'e.lloi 1 l,flI - 0.05 cIi)
,-:'. '...,-, --ALSO'.includlnp: o1l Harcr and uell ^rlghrs . ": : .t' 1..i:.'l-'Lii,ioorjitcnint to thi ebovc'dcs.crlbed PtoPcrtL.' :' ";-'*':'-':"lhitijCinr, rii rhout llcirgrjon. llclJ Icroit.'l{o.'. i4ioZ. iiitcr. rlghrr ciccre ed tn Ciril Ac:'lba iti.-iizs in Ear,je counrr oisiiJcl courr,'.Dnd
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vay llne of toldl hlohvavr thencc South 50o{0r-Uesi-I00.00 fe,et along"tbe SoutfrlifV rlqhr .,r. r .
''til tti."".i,:: ::":::Hl",1ri"Ti$ohip s soucr,, nonno ur ucsr.or. ;,._,i i.; ,:'
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.3i;"ii":'::n,itl'ii"lli,i;,100'00 reet qlons ll' """:.-.']:"*v.
rieht or..)'.:. -' . '. thcnce south {7o5?'-l+es-t'Zff .S'S tcet'aloi.rg thc souhhcrfy:ifsht"of"r.'.' ."tray_ilne.of raldt lrigrrway to a pornt on uhi southcrly- [i,6.ro!..joi[1. .. .i HL|{EI . ----..-- .:--l; " ---"
ticnca lrorth Brorr r Easr {9-?. 6? rcct arine -tI".F9."tlt..ily'rrirc ag:.i -: i . . itfd t{lrltEt to ltra ccngcr of the.lflt-of-coia..Scibton-lZr''thcnce nor!,tr Bboril ri:r r:zs.rs-'iioi-.i;;E rii.:loiirtrrily:.1lnc .or:: '.
i taid ttltlEl to the SoubhcasL torncr-of .salcl'N!Hi!r: ...' ..r 2. i
tifili".3"tll !:ll:,I:ii"l'3i?il[;:',:i?l!"ll;ii*t:;li;1i". o!'said ,i ,' i srrgi''ray, thc poj,nE.of bcainnln!r. . . . ..-,... _.,] i . .,,1., -.r.r.
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36
l.
a-,
MINUTES
VAIL TOWN COUNCIL MEETING
April 1& 1995
Z3O P.M,
+ reg lalnee$ng ofjle Yail Town Council was held on Ttresday, April 18, 1995, in the council chambers of the vail Municipal Building. The meeting was called to order at
7:30 P.M.
MEMBERS PRESENT:
MEMBERS ABSENT:
TOYfN OTNChLS PRESENT:
Merv Lapin, Mayor PneTem
Tom 9teinberg
Paul Iohnston
Sybill Navas
Jan Saauch
Jim Shearer
Peggy Osterfoss, Mayor
Bob Mclaurin, Town Manager
Tom Moorhead, Town Attoiney
P,amela A. Brandmeyer, Assisani Town Manager
Anne Wright on behalf of the Town Clerk -
Th€ firet ltem on the agenda was citlzen participation, which there was none.
Tlre eecond iF- qr the agenda was first reading of ordinance No. 5, series of rggs, an animal conaol and carriage operations ordinanci.
Tom Moorhead and Bob slagle presented this ordinance. After two work sessioru, a comprehensive animal control ordinance which also address€s i or"" a"oi"g"r- i,presented for consideration.
th{ T Thlg council to select 1 or 2 alternatives for control of animals. Either the leash/tethering requirement as presently ocists or as presenbd in the new ordinanc".
fhe foltowing citizens made comments on this ordinance. Tom Talbot, Heather smith,B}cndie Vucich, Flo Steinberg and |osh Hall.
Paul |ohnston moved to approve ordinance No. s with conditions including a reash free zone, tme hmttations on second and subsequent offmders, and additional iquir"*"nt
fo_r horse.garriag: equipment ana testing';itr ;;il;Jtt ils#;;.'?;#;*taken and passed, .F1 with Jan Strauch opposed.
The third ttem 9n OE ug.ld:.y3s_fi1st reading of Ordinance No. 9, Series of 1995, an
Tdrnalce--rezogng Tract C, Vail Viltage First"Filing,rgi7 Vail ta6; d;";'f;'ri*General Use Zone Diskict to the f+imary,/Secoildary Residential Zone ptCct.Applicant Pat Dauphinais, on behalf of the vail valky bonsolidated w"t", onrntJ.
fim Cumufte pres€nted this Ordinance.
Qn Fe!ruary--2]a. 195, the water Disaict received pranning and Environmentar commission (PEC) review and approval of their request t" crraigJ ine vJi-h;i;Plan designation of this property froglP"rk to rnw'nensity nesfientiat. o* rraJ*,"2 1995, the Vail Town Council a,pplgved Rlsohtion No. 5 S€ri'es of 1S9S whi& aurhorized ge q*nge tg the_vail Land use pran from pa* to LolrDensity Residential. Resolution No. 5 contained five conditid* which must be addressed by ih"6;ii;ip'ti'r,L franstur of ownership d ,|:_g:-ryq. on April ig, pes th...pE--.d;;*;;y approved the water District's request to rezone .iraa c'from tr,e c"""i.r us"-iilta to the himary/Secondarv Residential Zone Dishict (see attaclrcd staff mem;r;"eu*;the pEc and drart mpv 6r the meeting *i""G-;;;ri; Adi r0;TdEEii*tiigl.
l-l Tdr C.IES Bhdj8 lr.ahr !ajiud.. Jrrt
t.o
Paul fo_hnston moved to approve ordinance No. 9, with a second by Jim shearer. A vote
was taken and failed to receive a majority, 3-3 with Tom steinbery Merv Lapin and |an Strauch opposed,
The council requested that Tom Moorhead consult "Roberts' Rules of order.' and come
back to this issue later in the meeting.
Jim Shearer left the meeting at this giint
dltr. rErfaEuf€- ranusrarrcE-I$o. /, lrenes ot rt 3 to Drovid€
glanges to Area A requirements for sDD #4 that concem the development ptani ror the
westhaven condominiums (The Ruins) Development site and settihg forih details ift
regard thereto.
Andy Knudtsen p'resented this Ordinance. On Febnuary 27, l94i', the pEC voted +1 recommending approval of the requested major amendment to the cascade village sDD.
Kathy Langmwalter and lerry Worman were present representing the Ruins.
Thi fi*n itern on
-the
agenda was Resolution No. 11, series ot r9fls, a Resorution
lesrgllting Bank One Wisco-nsin Trust Co., N.A., the One Group 'U.S. i*"*.y securities Money Market Fund, 111 East wisconsin Avmue, uitwaukie, w s3202 as a money market account for the funds of the Town as permitted by the charter of the Town, its Ordinances, and the Statutes of the State of iolorado.
Steve Thompson presented this Resolution explaining that our long-term invesmrents
managed by Dana Advisors is currently safukept at c;lorado Natioial sank we want
19 nrove. tle laje\eeping to Bank one whose airnuat fees are ress than half of colorado National Bank's fees.
Jan SEauch-moved, to approve Resolution No. 11 with a second by Tom Steinberg. A vote was taken and passed unanimously, 5-0.
The sixth item on the agenda was the Arpine standard/Amoco sign varian(e Recuest.s.rgn to be located at the vail Alpine-standard 28 Vail noaE vair nru"g"=i"a.Applicant
.Doug Sterkyl.
Fandy Stoud€r presented this req,rpst and explained that on April 5, 1995 the DRB voted
,5-0 lecor.nmelding appioval.of thi varianie request, ffre'Oanging g."*""y;;landscaping of the main vail interchange related to the mnstructioi oittie roundabout necessitates re-orientation of the sign-. since the sicar has to ue re-*ienteJ a,.o r€consfructed for effective signage purposes, the alpplicant wishes t - t"r." f,*gpPortunity to update all rtg""gj on prop€rty to refle,ci the cr'rmt .orpor"t" ,,u*"(Amoco) and reduce the non-conlorming aspects of the siggrage t" tte ma*imr.* "Jmt feasible.
staff asked council to approve variance request with conditions in staff memo.
Craig Klemz was presmt representing Doug Sterkyl.
fan strauctr moved to approve the request with a second by Tom steinberg. A vote was taken and passed unanimowly, S0.
v.tl T.'|l Co!!d $,q{nS tl.riDt E!d- qE/9S
{'I
a
I
o
The seventh item on the agenda was the Town council call up of the pEC approv€d
maJor exteriror alteration anf on$jonal
_use pe.rmit for the Village center birilding (LaTour Restaurant, cleone's and Gotthelfs caueryl. Iocated at"l.22 E*t ueaJo*Drive. Applicanf Fred Hibbard.
George Ruther presented this call up and asked Council to aclcrowledge the applicanf,s r€quest to withdraw the major o<terior alt€ration and conditional use-permit afprovat.
,dt the April 11, 1995, Towa council meeting the Town council members unanimously approled a motion to call up the prc approval of the maior exterior alteration and pLdl9o"ut use permit for an outdoor dining deck request for the Viliage Center Building. The major exterior alteration and conditiorial *se permit i"{""ri-**unanimously approved by the PEC on April 10, 1995.
lrpo-lllgaring 9f rhe Town council's desire to review the pEC,s decision, the applicant,Fred Hibbard has requested to have the item withdrawn.
J:i.T"-:1*:d-p."rceptrheapplicant's withdrawal with a second byTomSreinberg.A vote was taken and passed unanimously, F0.
At this time Merv reminded the council of the Torvn,s int€rest in having sorneone serye on the Board of Channel 5.
Tom Moc,rhead came back to the council with information oncerning the 3rd item on
lhe agenda, ordinance No. 9, series of 199s, and informed councii that the public hearing could be continued to a future councir meeting ro, r*a".-**"iri?a reconsideration of the Ordinance.
Paul johnston moved to continue the public hearing on ordinance No. 9, series of 1995 to th€ May lG, t99S Town CounoJ meeting, with isecond by T; at"fi;; ; ;"r"was taken and passed unanimously, S-0. -
The cighth item on the agenda was the Town Manager,s Report.
I1;:"
**t no turther business, Jan strauch moved to ad.|rum at approximatery 9:40
Respectfu lly submitred,
ATTEST:
inuB bl.n ry tuns Wdghl on botult ot tho Tdrn Cleft
Ol$|. ot c.||h a$id4 rtto a.v. Fdic hga rnry le.incom.l
tvlerV Lapi+ Mayor Fro-Tem
V{l To.r! cd!.0 E!.|n:,f lr.dirr XIld.. Irluld
o
I
MINUTES
VAIL TOWN COUNCIL MEETING
April a, 1995
Z3O P.M.
4 uoe * t"ten and passed,4-
, Jerres or ryyJ to plttuce cnanses to
{ regglalneefng of the Vail Town Council was held on Tuesday. April a, 1995, in the
council chambers of the vail Municipal Building. The meeting'was-called to order at
Z3O P.M.
MEMBERS PRESENT: Peggy Osterfoss, Mayor
+lT#ffi{taror Pro-rem
Paul Johnston
Sybill Navas
Jan Stauch
TOWN OFFICIALS PRESENT: Bob Mclaudn, Town Manager
Tom Moorhead Town Attomey
Pamela A. Brandnuyer, As3istani Tonm Manass
Anne Wright on behalf of the Town Clerk -
The firat item on the agenda was citizen participation. |oe stauffer epoke resardhe our flrrrent business license fee schedule and his thoughe that this systein rras iorked"well in the past and should continue with present fee schedule.
Eecond on the agenda was the Consent Agenda:A. Approval of the Mnutes for the meetings of March Z and March Z1,, l9fli.
Mayor'osterfoes read the conse.ry Agenda
-in
full. fan strauch moved to approve the consent AgB"d1 with a second by Tom steinberg. A vote was t"t* #o prs*a
unanimously, 6-0.
for SDD #4 that concem the developmmt'plans for the Westhaven
s (The Ruins) Development site and setting forfh details in regard ther.eto.
February 27. 1995, the PEC voted-4-1 recommending approvat of the requested maix :ndment to the Cascade Village SDD.
yor osterfcs read the titte in fult. sybill Navas moved to approve ordinance No.rith rewording of condition B, that owner aglees to be eubF* to a future emolcvee
Tls "*HT:^c:111._",1y-t :t*^*4ifit{. rhis motion ** *.*,a"a bii*
Furth on the agenda was Resolution No. 4, series of 1995, a Resolution Approving and Adopting the Town of Vail/Vail Associates program to Ma6ge peak peiilds.
Andy Daly was present to represent Vail Associates.
Bruce Chapman was _present !o repres€nt the W. Forest Road propertV owners. He dlscussecl a meeting that was held between vA, the Town and irinisett'in which they were not able to readr an agreement regarding snowcats and caegory m - --
Michael Jewett thanked council for giving the public tirne to r€view the agreement prior to voting.
Y.il ft'r Cdut Eidra f,.dha lGru!.. a/J5
cindy Jambson spoke in support of the w. Forest Road prope*ty owners and the fact *g! ,tr"y have been trying to work with vA for cevenal years regarding snowcats, etc.without guccess.
Mayor ostofoos read the title in fuIl. Menv Lapin moved to approve Resolution No 4
with a gecond by Jan Straudr. A vote was taken and passed unanimously, 6.0.
At this time Peggy that the Roundabout project was approved at the work
sessi'on earlier this date and that vail Associates will be making a tFfu0,000 conaibution
to this project.
Iifr 9l the agenda was Resolution No. 9, Series of 19p,S, a rcquest to ameird the Vail
Land use Plan fiom open Space to public-sesri public to auow f& the redev.elopmmt
9-f llE V-4 g9lf qo'r.r* maintmance facility, located at lZZl Vail Valley Drive, paioel E,
Vail Valley 7th Filing.
sinre 1966, the golf course maintenance facility has been trocated on parcel E. h 1gg0
tLis propsty
""as
annexed into the Town and iqred Natural Area preservation Districl This facility is a nonconforming use and any proposed changes to the facilitv ,uq;."
a_change in the vail Land use Plan and a zoning -change. ctinging the vail'Iani use
Plan is the first step in a three st€p process, tnit woutd enabte -tlre-vRD to rezone the
Property to tfie Gmeral Use (GU) Disrrict and apply for a conditional use p€rmit tor remodel the facility. The Planning and Environmental comsrisaion revi&,ved tris
reque6t on Mardrn, 7995 and urunimously (6{) voted to recommend approval of ttris
request
Russell Forrest explained the change to the Land Use plan.
Mayor osterfoss read. the title in full. Merv Lapin moved to approve Resolution No. 9 with a s€cond by sybill Navas. A vote was taken and passed'inanimously, 60.
lixth on the agenda was Resolution No. 10, series of 199s, a Resolution of.the Town council of the Town of vail expressing concern about "takings" legislation in general and urging elected repr€s€ntatives to oppo.e sB 196, rrB lln and slmar bgisf,tion.
At the work session on March 28, 1998, council directed staff to prepare a Resolution
9pp99ing the 'takings" legulations presenrly being considered iri tti,r corraao state Legislation and in both Houses of the U.S. CongreJs.
Tom-l\{oorhead prepared and explained this Resolution T}re Council suggested that this Kesoluuon should b forwarde{ to the state and Federal leFslators, dvernor Romer,qq*"+ Idgp4 L€ague Colorado Association of Sfl rounrs,-;;-N*tL;,
C.olo,rado Council of Govemmmts
Malor osterfoos read the title in full. paul tohnston moved to ap,prove Resolution No.
10 with a second by TGn steinberg. A vote was tal€n and pasfr r*ri-o*lt;64.
sqts.l $: agenda was Appear of DRB decision to deny theproposed additions and glodel of John Krediet's home located at 226 Forest ni.adrti:=+ el"* Cvrif Village lst Filing. Applicanr John Krediet
council was asked by staff to review the design revielrr guidelines pertaining tro Duplex ano rnrnary/betrondary deve{opment review the proposed arctritecture for-the xredlet remodel and uphold, modify or overtun the DRi deftial of tf* proi..t -
lhl for! C.ten EtEdla !a..aitr, tE uDr t il5
U-
Randy Stouder stated that although the DRB felt $at the propooed remodel was a
definite improveurmt to Mr. Kredieye home, they fult bound by the des;ign review
guidelines for duplex and primary,/secondary develo'pment which require arrhitechral
integration betn'een structureg, The existing l(rediet and Samuels residences are located
on the same lot in *€ frrimary/Secondary zone districu Althorgh the two units are
physically separated, the question rernained whether they are architecfiually inteqmted
according to the design review guidelines. The DRB felt itut ttre proposed rlrnodEl and
addition to the primary unif (Krcdiet residmce) produred an architectural look that
departed from the current architectural style of ihe unit (Sanuels residenoe)
and thus did not meet the design review guiderine requirement of arctritectural
integration between primary ana efoondary rrrIts.
Steve Riden made a short presentation on behalf of lohn I(r€diet. Mr. Rictm cited
several examples of other primary,/secondary units that lacked archiectriral integration
yet wer€ approved.
Ivfike Arnett and Hans wolrich w€re prcs€lrt the Deign Review Board-
Mike summarized the DRB's porition.
l,terv !,apin moved to uphold the DRB decisior to deny appeal with a seond by fan Strauch. A vote was taken and passed, Fl, with Sybil Nivis opposed.
Eighth o_n the agenda was Town council call up of the Desigpr Review Board (DRB)
approval for a proposed building expansion and-sie amendmEns at the Lions square
Lodge' located at 650 west rionslrcad Place,/Lot 1, vail uonshead First Filing,'Frst Addition. Applicant Bill Pierce, representing the Lion squale Iodge condoftnium
Association.
fim Cumutte asked council to rewiew the propoeed building expa$ion and site
am€ndm.elb Td uphold/overtum/modify ttre decision of ttre DdB to grant final desi$
approval for the proposed project.
On February 13, 1995, Ore Planningand Environmantal Comnission (pEC) approved ttre
requested oorunon area and parking variances and a major exterior alterahon in the
CCII Zone District, with conditions. The vote was Z-0.
on February 21, 1995, the Town council "called up" ihe pEC decision for further review.The council decided to let the pEC approvals siand in order to allow the proi€ct to
receive final Dqiql Review Eoard review The council made the applicant aiwaie that
they may thm "call up" the DRB approval for further review, if ttre],'so desired,
on M€rdr_ls, 1995, the Design Review Board approved the project, with conditions, with
a vote of 3-2.
Bill Pierce and Jim Turner were present representing Licu Square Lodge,
Bob Eorne, Flans Wolrich, and Mike Ameft were present tlte DRB.
Jan straudr moved to overturn DRB approval of the building expansioa with a second
b.y Merv Lap_in. A vote was raken ana rarca, l-t with lan"suiuch voting in favor or the motion; thereby leaving the DRB approval in place.
Ninth on the agcnda was the Town Managefs Repo*. Bob Mcl^aurin's only additironal note was that he would have an update on the- Glpsum bus route t tir*, uy-t"4/77/95 work session.
v. ltD c.udl Eililr X..tila E d...t !$
There being no further business, Tom Steinberg
P.M.
o
movedto adjourn at approximately 11:05
Respecft[y submitted,
1/\../l /)^..*MlU-W-
Margalet A. Osterfoee, Mayc
ATTE9T:
Pamela A- Brandrneyer, Deputy Town Clerk
lliuE best ry Ams lYli|hr on b.hattotfi€ T{r Ot .i(
cl{rlaa d *rh trt'il|d. rb !tr! fdlc igr tn t!.it cord.)
Ydl ndE C.Ia.tl fuq ra..ai{ U!!rx ryll5
MINIIIES
VAIL TOWN COUNCIL MEETING
JUNE 1, 1Sg:l
7:!lO P.M.
A regular w+tilg of tb Vail Tossn Cou!,cil ws bald ou gueeilay, June 1, 1998, in ttre
Coucil Chgmbue of the Vail Mulidpal Building. fre meeting was calted to otrder at ?:40
P.M.
MEMBERS PBESEMI: Peggy Oster{oss, Mayor
Merv Lapia, Mayor Pro-Iem
Jim Gibsoa
Jio Sbearer
Tom Steiuberg
tob t eVine
Bob Buckley
IOWN OFFICIAI,II PR.ESEMI: Ken Hugben Acting Tom Manager
Pem Braadmeyer, AssiEtaEt to the Town Maneger
Holly L lrtc0utchoou, Town Clerk
l,arry Eekwith" Towa Attoraey
Tbs ffret it6!i m the ageuds ras Citizeo Participation of which-trher,e wae Dotie.
Stem No ! on the agenila was the appointneot of tbree (3) Membere to the L,ocal Liceneing
There qnrc three (3) poeitions availeble, each tera begiuiug is June, 1999, a$d
exgiriag ir;IuBe, 1995- The candidates were BiIl Bishop, Liada trlied, and Davey Tfilson.
All thme of th€se candidates were applyiog for t?appoistmeut. No other applicatims had
been recEiwd. A ballot was taken, and Mew Lapiu moved to appoiat Bill Bishop, Liada
Flied, aod Davey Wileon to the Local Liceosiag Authority uatil Juae, f995. Jio Gibaon
eeeoodpd the notion. A mte waE taken aad the motion passed unanimously, ?.0.
Item lilo, $ rrag e Cmsent Agenda con*isting of, three iteoe:
A App'r'oval of Minutes of the May 4, 1993, aod Mry 18, 1998, Eveniag Meetiueg.
C. Ordinaffe No 14, Series of 1998, aecond reading, en ordirance amending
Seetioo 16.24.010(G) of the Vail Municipal Code, settiog forth pmvisio,'s
relatilg to signs displayed ou ballooas which arc aseociat€d with a speciel
event withio tle Town of VaiI. Aprplicart: the Towo of Vail.
Mayor Oatetfrea r€ail tbe titl6 ir fuIl. M€w Lapin moved to renove item C ft,om the
Conaent Ageada for ffrther dieoreeion, q/it} a s€cmd from Tom Steiuberg. A vote was ta&eD
aad thet motim praereed un*nirnorre ly, ?-Q,
MSn' Irpiq tha nored to approve Conseot fueoila iteus A and B, with a second fru Tom
SteiEberg. A'vote rvas taleo and tbe uotiron paseed unqnirnor'+ly, 7-0.
fhere me brrief disctssim about eafety issuee related to height restrictims for tethered bot
air balloods aad quality of the ballons, Mayor Osterfoes asked Fire Chief Iliek Iluran hr
hie input pertciding to exfessed Gafety beues. Dick stated he did not feel there was a
pnrbleu, onnghaeiqing hot air balloone could only be operated bry licenged pilots. lle iliit not
feel it wes neoessaty for thie oldinaD@ to iaclude mandatory Firc Deparloent iaspections
ofthe ballooue. Keo Hughey remhd€d Council all applicants would aeed to proceed through
the full epecial evetrts ploooss bebre reeiviag approval, aod Kristan Pritz felt the l.ite
Departnent suld be requestod to inspect for aafety issues ifther€ were aay queetions about
sa.&ty. Aftar further techaical clarificatiosa, Jin Shearer moved to approve Hiunce No.
the
higb visibility. IGistar Pritz noted Couucil had viEit€d the propoeed sit€, Maypns'parh
pmeeotS uadec coDstructioD, a4iacent to 1st Br'rlr, Krista[ noted th€ AIPP Board had voted
uranirnorsly, 9-o, ou May 12, 1993, to aoc€pt 'Terr= Haute" from the private beneftctor fcr
tbe proposed site, aad couocil's role in the pllcegs per the ArPP Guidelines waa to eas're
that th€ AIPP Boald had utilized the procedur,es aod criteria outlined in thoee guidelines.
sre hie&y referenced sone of the poiats in the ArPP Board's m€Eo to couacil dat*d Juae
1, 1993, ircludiag the AIPP Boad's feeling that, due to the a high cooeotratioo of art work iajle Umlhead area" sitee outside of that q)r€ area ghould be crnsidcrcA Secondly, the
AIPP Board diacuqsed the prooireuoe of the piee, aad felt a high visibility locatiou ;ouu
allow pdeotriaos tbe oppwtunity to view the piee cloeely. lbitdly, the AIpp Board had
diecueaed the inpwt,snee of locatiae a piece in the Mayors' Part. lbe AIpp Boald felt that ghould a pese be placed ia the park at the time of inetallation and dedication of the park,
9us piec would becme aod identified eleueot of t"he park vergus arr in5tallation dooe at a
lat€r dste, er& bry iastslling it duriry the tioe o,f coastruction, the opportuoity to itrst€U the piee mote cmveoiently asd at a rouch lorer coet erist d- Krista! Doteil an alea in the parh
hsd been plaased to acc@odate the art work. tr\rther, the ei rng of +his piece ae well ae .he developm.ent of an artwalk vas reiofu'ced ia the streetscape Master plan- This specisc
aite was lirt€d as an art wor* locatiou as well as a uunber of other sit€s "loug weet Meadow
Drirre. It ws aa iotelt d t+g$treotscapo Mast€r PLaD to creato aD art wall o eculpture gsrdsu ir thig atr*a" fte AIPF Boar4 when reviewing sites for iaataltatioc, mriaerea
vieibility of tbe oite to ba yery iroportarrt. In locatiag thie and other pieces, the AIpp Board
atteugcd to place thc pieoe ir an sriea wherre there wae a lot of trafrc, ae rell eg a
p€maneot bueinesaeE or public_ facility, to try' to avoid rnaligieue vandalism. Another
impoutalt criteria Iftietan poidt€d out was the fairly lolr maintenanoe 'lis piee would
require. Kri*tan distributed lofrsrs fmm AIPP Board memb€rs who were unsble to att€nd
thie n€GtiDg, Sally Brainer4 Kenneth M. Robins, aad Cissy Ilobson e4reseiug stcmg
support eail reases for the AIPP Board's decision.
Mayor Oateshgs rreoinded Council their role ia the procese of the decieion requeated at thie
time, pcr th€ AIrP GuideliDes, was to €oarrl.e that ttre AIPP Board had utilired the
prooedures and crihsia outlined in those guidelinee, Council's role wae &irly aarrow ia this
Fm.BrE, and tle pocess waa designed specifcallr as a check to deterhe tbat pmcedurres
and critefis hed bcea followed. It wae noted Council had a copy of the guideli.ne criteria
bcftre theu. Tle greetion under diecussioD rlab not a question of whether or aot Coqacil felt
tb6 criteria had beer net or wbether they liked o ilid not like the aesthetics of the piece, but . whetber or Dot tho pscess tbat the eit€ria had b€en add!'esEed and followed by the AIPP BedL l&thy Langpn$'alt€r, AIPP member, stated ehe ftlt the board had goce thmugh the
cf,itoria s$ they viewed the piece ad bllcmed the procedure outlhed i.o tbeir guidelines.
Jim GibEoD itritiat€d a lengthy discuseiotr coEcelnirg safety of the piece in the po,posed
Iocatioc. tle rccalled aculpturee had been renoved &,om the Children's FouttaiD because of
feer of childnn falhog on thero, and he had the sarne ootrcem about this piece, Kathy
Langenwalter aaid the AIPP Board had discuse€d the safety of the pieae, aad they did not
feel it proented the same sa$ty ooncen$ ae tbe Childret'o Fountain. Jim Shearer shaled
Jim Gibaou'e coBceru, noting p€ople were alwaye clinbins oD pieces to have their pictures
takeo and &agnr waa ever pres€nt. Kathy mentioued a few pieces she felt were 'less esfe"
that they did not have probleos with. Erich Hi[ eaid the artist had geaerously decided to
build a $atfom the pie@, ad it wae felt thet rould addreae safety and aesthetic questions.
Iftietar addid they were tryhg to uake it poagible for @estrians to he 6ble to walk
underneath tbf piece wheu it wao sited, and the artist was wiling to assist with that;
howerrcr, the pie was abeady 12 ?' high by 5'6' by 3" wide, and they did not want to make it too tall.
Rob l*Vine stated he was Eore than williag to support the r,econnendation propmod at thia
time, but ho asked if the AIPtr Board was willing to take or€ ttrcre look at an another site,
tJre pedestal sit€ at the eotraace to Uooshead by Vantage Point condominiums. IIe felt the
Mayors' Park wnrld-be a wmdeofrl gite, but, Lioosh€ad ne€iled hetp, alod tbie might be a rray
io h€lp that a!e& It also might tale tJria aculpture out of the pedestrian trafrc pattaru,
which might help with expressed safegr coacerns, and yet keep the pieee venry vieible on the
bus mu!e, and even more visible frou I70. He felt the Lionshead erea would appueciate
havirg it there. Ikthy Langeowalter said she would b€ winiDg to briry that up to t,he A-IPP
Board a.od tbe arfiel Mayor Oster&os felt Couacil apprreciated the fuct that t,he AIPP Board
prugram was goirg well and wae the rteeult of d€dicatcd volurt€er tiEe on the part of board
ueubere and genemus contributiols from the s6p4rrnify,. She felt Coulcil wantcd to
EyBtcE bEBdled the felt a joint diecussion would be helpfur to all in determiniog wrrat was bir.lld equiteble. T@ Stci'.berg a€reed that the syotpi needed t" t tteht"",fo',;" i"n BucHev agrecd rirh ro@ aaa iaquirea am't t".Iil;-fo violatom. ffi-b1-t*iii #ia Tov hrd thc rigbt to hrirg the ati'ers i" ro r[;;c;J-co'rt aaa nne tl"- r* """uT"" "r vidarioa. Larry saia he haa no kept Drdlen v,'itl tliJ, i"i r"rt it "oJt trui ii t"l*_ffi"a pn'*o rrcry quickly, eter'iecusiion" Co,-*u-"d""a t -J;'r1"-;t-fr;;fi j;*eesgim.
There baing qo ffrrther busiaege, 3 aotiog to adjoum tle ro*trag was Dede and passed t,nar'imoucly. Ths ueeting waa adouraed at g:Eit p.M,
Respecfily submitted,
ATIEST:
Margat6t A Oeterfoes, May
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lffit#lnoCutotrcn ffir
]kutr8 trbi t D.rid B.o.D
C:r fltl$ |{llB
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MINIITES
VAIL IOWN COI'NCIL MEETING
MAY 18, 1993
7:3O P.M.
{ regqlal neeting of the Vail Town Council rpar held on T'esdsy, May 18, 199$, in the council chamberg of the vail Mudcipal Bu ding. The meeting ras cat6a to oraer'at r:so P.M.
MEMBERS PRESE}IT:Pegg Oeter{oos, Mayc
Merv Lapia, Mqyor Pm-Teo
Jim Gibson
Jim Shearer
Rob L,eVine
TOWN OFFICIAL ABSEIVI Bob Buckley
Toro Steinberg
TOUE'I OFFICIAI^S PRESEIiIII: L,€rry Crrgfel, Actiag llown Manager
Pan Brandmeyer, AsEistant to the Toyro Maaegsr
Holly L. IficC\rtrheon, Town Clerk
lhe first ite-1 o1 tl9 egepda yqg $Uzen Participation. Heraann Stau&r exprrssed coacem about possible floodiog in the Valley, and inquired about the availabjlity oi ""rraUrc, a"a other equipaeat to heDdle any lloodiog emergencies. Larry Mel aavisea saodbs; ana equipment for trenching were available, and rlirected the public to clotact the puhll,c -wmks
Departnent br further infornation.
Item N' 2 on -the ageada -was an update and diecuseiou regading the vail yalloy
Perforoanoe aad conference center (wp&cc). Befurr puereoting $e ideas coepiled fu the manv comnittees working on this pmject, ctiff caditrer, vw&cc steetl"s C;Jttee chairnan, etated the group 1qs actively eoucidng iaput and o* or tne-ia"Gu-r*--r*La wele cast in stoue. rre began his presentation with a itstemeat of ttre Fupt viilo" a.. a perfomaace ceater that n'ill provide a year-round venue for the perforning;;r i" G v"il Yallev that Eeets our high strnrlardo of excellence, and a consi.e.nce *"t1" tu*-rr i r.6 grow a yearmund econoy as well ae improve oeupaocg and perfomare at alt tiEes"Jrre reviewed the goals and hiBtory; design plans 'A', "ti', atia 'c"i *o es,zm square r"ot autu ofplaa "c"; local ooferenee and treat€r space comparisoDs; p,Iaa "c-e esun;;t"*;i;*f""p*} qc-* 151a1;''g 922,000,000; tptal e*ti.mated- projeet-ixt egur,€e t"tdi"g ioEg,4,m,00O i:rcludine construction costs, bond iesuance, a''d-eirlowment n.a"; p*"rorii"ci-"e":t*private fuading ffgules aad conference cent€r reverue bond 6eu!es; rei'i;w of tfi;"f;;*
:e"q p"e *sl showing an anaual operati:rg shortfall of $f,OZA,OOO aod p;Gil;ih"d"ftyaising those tlolldrs aanually induaing qin i9g4 douarg) bueid." ti**d 6;$sg0_000,a 1lt@ touris:m tax on attractions, lodging, lestaurants" strit reotal o"r tur"*"'L- or $1'o5?90o, aad an &10% todsr"c Lt il firtl "" "II hoids and c*do*ioi,r- "iriJru reveu.e of $671,0o0; and curreol ani pmposed tares and aseesmeots fe vail, Beev€r Cr6€k,and Avon' Mr. Gardiner emphasized-rhat lt- runaing fm the v\rp&cc *J"a dpr*t"ry Eeparate isaue fimm the fuadiog qf val_ler wirle narkeHng. rre oontiorrea l*, p*-oo];ti*-lq r- +"t.t ehowing r€gionsl and national lo{tging tar dn're, and a July, rugi, Btia;dr of vail busiresE€s indicating rhat gz% of tho'e -pou"a ai ;i,ri G;;;;'f";'Ji "penonnanoe a-n'd conrerence cG..Dter.. He discusted tbe private firarling goal of $16 million for
$_ e pertmance center (98 mi I li6a by August f S, f Sgd ;th aseuranoe of ueeting the se6D.It *t f tho prooees included ontjn-ucil onriunity i",p,rf fo*" i.r*nf ffi;#q ido'oed decision makers, coomrmity-fwuue, ana nii$6or to ueighbtr contact, ."a *"t August 3l' 1993 was the date set for ffnal evaluation of the ruae ritity.f tbie;miect' rh"decisior ro co.rinu€ oy tq stgn the nguiect would be prin"rn; ba""d;'*i;tre;'rJil'" riira rasulg ellone rlad ra$ed adequate levels of fuirils and whetlsr ther.e wae public euDDort of tax amendmenls. B€fore discussion- war openerl t* irpi-a f,"o#,T;;*a*hiteets, Gordon Pierce and David %hren d*prayid *"el ddft, p"rriii"""y *,.r .:ffrn.
{:awincs_ qthe pedoroance gld .""t"i "it"
-fa,,. E**; a*rliltd ","*discussed- Jim Gibson ashed Mr. Gardiner if pnufessionat-iaput * tr. t"*l"i "ra roacirg tax had been cousidered. !Lr. Gardiner advised tner,e *ae ai iu aepth denao.l-us-e ;i;e studv presently uuder wav and was due by the end or.fuy, rssg- rtrvor ostarfres t"afr*d
if t'hat same study wou-ld include infomation or who would uee tle facility and in wbat
numbere. ldr. Gardiner said it would, and it would algo ioclude idorostion about whar
ugers would litse_ to Eee incorporated. Ailditioual discussioD related primarily to the speci$cs offuoiliag aail ffnanciel picture ofthis project as a whole. l[r. Gariliner advised the gmup's
Fiaaace comnittee had a detailed report sd&ggqing pryiected roveaue fm tbe pertoimaace
center which would be completed shortly. Rob hvine poiated out the $1,000,000 gho"tfall
pcr year was fiom both the performance centerr eide and eodfereEce oeoter eid€. dthougb.he felt the ec@@ic meritg of the conference center eid€ could be weuhs4 he did not lh.inr.
anlrcre was propoeing tbat the perforaaaoe center side wa8 aa ecoiouically viable eryb€.
He did not feel it was meant to make economic senee, rather it wae a quality of lift iiue.Mr. Gardiner aoted there were many oginiorrs as to what either of tbeee mpooeata would
do for the VaIIey, but he felt, short term, more benefit to busi!€s6 would be-eeen Aom the pe."forEa[ce snter than the conferene oeuter becawe he said the$ tr8s a marketing cycle
t"!at had to happeo to build busineee into tbe oonfererce mter. He agreed eith Rob dorign,
that the prinilry motivation for the perforaance caater wao a qu*i$of $fe isaoe t6t r;urd
make the valley a better year-murd co@ouriF. Ire ftlt it would enhance tbe reoutatio; of'thr valley. Frank Johnsou, wP&cc gteering connittee eerrber, spoke aborf the ure of
the perforuance eenter. He stated his co'a""ittee had spent a great tbal oftime talking with local lqer gmups ant found a great deal of usage there; d0-f80 days per y"* of b""l
activities which could be accomuodated by tbe per4orrnance ceotcr. tie said thev did aot atteEpt to quanti& the us8ge fr@ the universe of pedoraing arts opptrtullitie8 that nisht
be attrected to this perfornaaoe oenter. rtre added there had been no Jttempt to eetimate ine
amount of ue age the per6rrance enter coulil get 60m conventio gmupe, atthown re saia there was a geat deal of interest nr fxed g€at general seeeion-type tneatcr ednts- nrr.
said the seating capacity would aot he gufrcieat fu" -Ai& Froductions, but was
viewed more as a more istimate th6ater. Adttitioaal discureie includ& comnent ul*t tL poteotial of future scheduling conflicts, how the size of the cmferenco oeoter was detcrnine4
whether requeote for conference spaoe wer,re being reoeived ftoo groups ard how much arace wae requested, and if there would be conpetition between the iwo iircltiuee. Ivtr. Johigm explained thet the way the convention center side of the prqiec-t was detauined was by contact with Esjor hotel directms of sales aad uarleting with asoeuario similar to the ilmes & Phillips study. Jim Feldhaue disfissed his reeearch hcluiring clircct, rnair iaqsiry 6g6n'L aail reeponees, He noted his co@mittee was waitiag for the -rcsponse ton dhe aeaaoa
analysis study to eee if his r€search was validat€d. Mr, cerdiD€r 8aa Mr. Johnson iudicald
I yl"qegt plan, epace release policies, and geueral philoeophy fcr management of the facilities had not yet been developed. Rob L,evine ** t-.ettuio il"t tl" *a-n rG corrra
be raised by the stated deadlin.e. He suggested the ba[ot igsue be wuded auch ta"t tl"facility would be built if and when tbe necessary fulds werc rai6sd, but in the meautiue th.
Irx l?sueBt€d yould be i-n place. There was discus'io' about the tc?ing
'ceDario,
and Mr.Gardtrer uded maDy meetings had been scheduled fur tre i'rrnediate future to gather firrttrer public inint, feelingg, and points of view about firndiug aod "a.tlo it *a aku*to proceed or not. britial reasons for etarting this prqiect"- including eleat iEteMi in econouically leveling out the seasons, were revie'n'ed. -ur. carai"er ai'tiipatea u wouu return 10- cou,Dcil in appmximatery three weeks with puhlic f.edback eo; the "p.o.i"s scheduled meetings.
Iten No, 3 was a Coosent Agenda onsietiug of two itens:
A' ordiaance No. b, sgries of 1998, secoud reading, an orariranco amending 9!Cft* 16.o4,_aad _secriqii 16.12.010, $.?f.fuL, 16.s2.160, 16"?6.40,
16.20.015 aad 16.22.016 of the Town of vail Murdcipar coae to pr6viae ror *e pmhibition of neon ligLting and signs and extcrior i"" rn"a, id"-u"t"t ""a E!e1 optic liShfinq3n! sigas, and providhg regulqtions ,ega*i"e th"-;ri*_of all other gae filled, illuminatea aad ffber optic UsUti"g ""J sigs, ;d pmviding details il regard i;hereto.
B. Ordirance No. 9, Series of lgg3, eecoad readiag, an ordinasce amenrting chaptcr 18.04 ofthe-vail Municrpal code by the artiition .fs*tte- lg.04r3?,18.04.205, 18.04.251, 18.04.27A aad 18.04.867, eettiag forh ** U"OJir*rclating to tbe Z@ilrg. C"Fi *E"l-g Section 18.84-.08O(CX1 fI arnenaieg section r8-54-040(cXr) of the vail Mu'icipal code by tr" -i*uu*
"r lar1grytl (a) porddiry for outdoor li&ti:ad p&aDE to t" *l-in"a r" tl"
lesigrr Review B9a$ gf the Town of VaiI; amiiaiog S€ction t8j4.G0 ; th_Muaicipal codeof the Townof vail bv theadditbn&p;"cr-phio;#dt"c
a Dew fution of the Deeigrr Eevi'aw Boord Cluidelineg rtlatiag to outdoor
liehtiDg; aod pmvidiug details ire regard thereto.
Merv Lapia moved to reoove both items ftom the coEseot fueada for inrtividual rBvie{', sith
a second ftm Jis Shearer. A vote was takeq snd the motion pasoed uaanimousln E-0.
odliaeoce No. 5, series of 1998, second reading, was discussed firEt Mayor osterfoea read
the title in firll. Attoroev lfuvin Liadahl was preseut ia lov Attorney Larry Eekwith'g abs€rce' shelly Mello stat€d the outstarding issue re.garrling thie ordinance was amotization and how maay signe and busiresses thiE regllation woulil impaci. she stated
she had roviewed gicns in the Ellage, Lionshea4 cascarb village, weet vail Mall, anrt tbe Eastvail a!es. She said her researrch ghowed that approxinatcly l5-2o Eigng woura heve to
be lemove4 eitber hecause they were ia ercess of size or quaotity ellowances or tihey wpre rcon. Shelly discuss€d eeveral specific eigns lhat would be impactad and why. -Slely
clarified tbe questioo was ehould theee ei8nB becm'e tesel non-o!frr@ing ia tle future anit
the legal uoo-onforming sectioo of the code apply, with the amortiaatim indicating th+ .ig-s
had to be remm'ed withia five years. There was discuesion about tecboiqu€s regarding io'rit
nou-conforoiag signe could be made legaf Mayc Oaterfres pointea o"t tlat
therc ould be more than 1o equale ftet ofoeoo eigne as long as each oore wis only 4 square
feet. shelly enfimed that, A propoeed a}'arrgp to sectioo T ol'+Iis odiDmce to dsrilrai€
restrictime m ctaulative number or size of sigls was discugsed" Art Abdanalo tiit tuis
ordinance was addrsssing more 'l"n signs. Ile noted acoent lighting and lightilg iocatea on the exterior of ary building or structurc were also addne"se4 -ana tlt thal that was
iaappropriate within thir caliaalce. He felt the ordiuanoe rcached furthertbariotsndod ard
rsfere,ue and requirod fairly significaot chFngesl that any rcference to a@rt liebtinc located on the exteriror of aay building or structure sboulil-be deletert &ou the
ordinaiorc- _m. Abptgnlb reh the iaformation contained ia thie ordhanoe would logically be
found itr th9 zoDing code, rather than in the sien code. After brief discugsiotr, r<ti"ta" p"it"
sweosted the ordinance be tabled ia or&r tlat r[r. Abplanatp ourd neet with shdb aod Larry Eeh'ith to refine the ordinarce. Rob Icviue moved to -table orrtiaane No. s, series of 1993, for one moutb until June 18, 1998, with a e€c@d fiTm Jim Sheae,r. ,0, vote wae
taken a''d the uotioo paeeed, il0-1, Jin Gibroa taporar awqy froE coucil cbambers.
ordinance No. I, series of 1993, second readi.ng wae disfissed uexL Mayon osterfose nead t!" titl" itr fuu. Attomef rGvin- Lindahr was present ir Tov Attorney Iarry Eekwith'e
abseoce- Aa{v Knudtsen noted
^that the one change to thie ordiuance rii* it" p"""as *firgt r€ading was the additim of new sections a and b detailiag the atatus oe [$ti; Eor conformiag to tJde ordinance aad peaaltiee ftr violating the regulatims or tae iraintce.
$tol.ry {{. Abplaaalp, represeating }rol Corloration ana neoato lbarra, owner of a
I aa'a*c*!€ lGhtirg systen on Beavcr Dam Roa4 uoteil this oralinance haa been L the l"ocess ofdevelopnent for over one year since To\rs deeicu glriileline, section 1g.sa.ooot"xr-D, *au
decrarnd uoconstitutiooal by the Eagte county Digtrict courL He &h the ordirance'aom
uoder cooeidemtion did not follow the advie of the court He felt there
"r*o"
t*r .ruor asp€cts of this ordiaanee: (1)
-the streqlth of any light, anil (S) th€ ;p "f # tU"iU*t *sonebody else- He questioned the vali<lity of a lightilg ordirance intrudhg * t" pT"rt"
pDoperty. Iu a leogthy omrireatary, Mr. Abplanalp oug&eted if there wEs to t 8me'conkol
of lighling it should be besed on measurea impact-0,tr&-tue porperty of tle owner. Ire noted the court spccifically etated the problem with the pwiciue -ddrcance
-uq i" p"rt,-t
"cdiaaace rp "ot {euuatetl speeifi- e^lod tlere wgre no guidslines * rt"J;rdri;;il,v.Itu said Ordinance No. 9, Series of 1998, had gf,andards, nut tleg aia not fAfow iU ditt logic, because the court, in "" analo-gy,;aiil ughliug needed a -"is*iog d"oic* Itk, d*rt.l"in neasuring noise. The ToV and the stat€ of colorado botr hgve "o,i,se-ordiu;;, ;d IL.Abplanalp likrned thoee to lhis liCbtinC ordinaoce and quotert tle nes"*i"S t"fbrridrrc" fr*a nqee. o$na1ge. Mr. Abplaalp eugested e technicis. Bieht be "-t"tG ilrce- or regulation for this ordirance.__Ivlr. Abplanalp did not kaow *hJthe, *y i*s.uoo-",*ld result from this cditraaoe. He qras curious as to wlat TOV cxpectee ;T;-;th-;-Iightins. rn his opinion, the proviaim rnlating to thai withh tht, *dir-*would a.ffectively coqdem"n the landecap€-Iightirg in place at hie clicnf,s o**rt" -ll"inquired who was going to enforce tJrio. He felt thig ordinaooe ehoura aot te a$ptid 6auae it did not folloq the dhection giveu by the Eagl,e Coutty Distriet Cout, it ras ai imnoeitioa or a3Bthetrc varues' and it qras inappropriat€ly timed with rcftseDce to the o'estion of wbetler the people who would be inpact€d had any toowUagB of it.
{e.xt .l*a Snrltale, representin€ Mr. and Mrs. Henry lftavis, orrnera of pmperty on Foest fioad, reviewed the comments he had made during first .eadirg of tFi, iraii.""e, ""a requested council return the ordiuarce to the way it was critten-for fflrt *"ai"g ,iil""t
a
the non-oubruing aad peralty sections. He stated he aened with l[r. Abplaua]p's
oomllentc with leepect to the enforreability of the ner cdirence, and belierred it iae true
therre were oertain etatrdardE set f@th in this ordinarce that would pmbably be subject to
challenge. l{r. spillane discusd€d. the Iiravis cas€ and uoted t}et had doae a stutly of
liehtiug at the ti6e the old ordinance was uader coueideratim, and that they had ehered ahat
information with TOV with t,b€ idca of testirxg the luminssoeDce arld the illuminance ooaiog tog lights, aod how it ompared with any new study because they aseumed that aoy D€r,
ordinaace would be proepective only. ri[r. spillaae said thery bad worked Trith rov a;d had
voluntarily decreaaed tbe lulrisarce of the lights origi:aally inetalled at the l&avis regidenc€
by 75%, but felt they werre now gettiag ilrawo bae.k iato the controversy. Ia tbe abcence of
the prwisions ToY had added to oritiaance No. 9, seriee of lgg8, eiDce first resdine. he felt
the Krevis€s would not object to the ordinance. lfu suggested a quick rurdew of theliw. He
aoted that Lar:ry Eskcdth had advised couacil about eoe of the potential litieation ;1wlved
witlq t!is, and hoped cormcil uaderstood the differreoae betwecn the ordinanoe paseed on frat vg*4ng and how it read aow on second readiag with the addifioul provisions related to aon-
coofo*aing usee. He felt he understood To\Ps al€sirc to harle unismity ln application ofthis
orditraBce, but felt I'{f,v had to co:rsider the legal implications of atteonptt* to tetEiDae
legal pre-erieting uses. He said-that tat i"g away legal uses ofpmperty requird due prvceos
and just compensation, with the e*ceptioa, in limited cireumstanes, *ticu attowea ror
amortizatioo of legal noa+onfoming uses ia casee wherc, ia furthe.raloe o,f a municipalitt's
police power to advance the public health, eafety, and welfare, thene *ae a phasine-oui Doser that allocred ownors to recoup their investmots. He noted the only time tuat l]i ever bee"
applied in colorado was in the context of billboards, and that wae the caee he had di.scussed with l,artry Eekwith in terms of whether cot@ado allowed umtisation of bcal Don-cofr,lmins uees. That case irr colorado which alloweil br amctization of loial aon-cm$m-rng use applied oaly to commereial context or to conteat ia whicb the blal non-coDftrning use nraa geaerating reveDue, thie wae a aitical elenent because it *ra u"
determiaed how long reveuue would be geoerated. As log ae tle rrevenue leoeived back was
reasonable, the legal noa-onforming use could be requiled to be phaseatout over that neriod
of time. IIe gtated he was utable to fnd any case in which a legal non-onfrnning *"'-nld
be amortized ia a resid€ntial context where ,'o aoney wae being generat€d by tfr "", rr"
believed colorado courts would not approve an auortizatim program in a resid;ntial cortert,
eepecially where there was no compelling pubtic health or aa&ty ouiaeration invorved" He again asked couacil to reconsider returaing to the ordhance as paosed on 6rst reailisg.After further diecugsion, Mr. Abplanalp added he felt thie orilinance shouLl te a pro*titio,
of uoreasonable light off of a property and euggested thee issue ehoutd be aeat witl ln Chapter 8.24 of the Municipal Code of the Town of Vail.
Thcre was discussiou about light meaouremetrt t€cbaiques, and Andy l{oudtsen emohasiEed that tbe cousultants hired by Tov recomoeaded very s-pecific standads r* n a-rulg uglr The benefit witb the standeds p prolosed conpared to a method *"*-;d"d;t-M".Abplaaalp was that staff could -determire pg@ to installation it "*-""a ushfi"g-;,"da confom to the ordinance. Additional discussi@ prMed r"s"ffitt*ifi"; ;*t directiou given by the Ergle county Dietrict court aad the issue of enbicing tnil'oanane
!4 private propertv. Andv inilicated qtafr had spoken with' the omgultanls hirred by Mr.Iftavis as well ae another consultaat. In comparing opiaions of t&e therc -*Jt"nts; "tfu felt they had made the most appmpriate choie. Andy also poiatod ."t tL "p*te.*v ,ir-tnr"ordiaance with regad to lrr'rens- ard height. Maym oeterfoss saiil ehe greed;dh th"oligilral gtaff posiqm regarding legal uon-mformiug usea and suggested-the ""dlr";chenged !6ck accodingly.
A-ttorney IGviD Lindahl stated^he wqe- not aware of any caees which E€o8,tjsed eoonmic obsoleecetroe or amortization of a resideutial type uge of property *"" dn"tli"g-ilil*private prop€rty became a no-n-onfoning uee-. The cases- in bobrado ;; ;"t"d-;bilrboa'ds' and it would be di{ficult to coma up with a measureD€rt ft,r amo*iziry rigiri,g related to regidential use becauee, untike c;raercial *", tto" *""- rro "*J#*ffi1"ecmomic tralue,
Pll*Y,ry 9*1 -3.""a.t"^.parove0rdiaarce No. 9, Series of tgg8, on secmd reartingwith t-he deretion rn li€ction 4 of the verbiagr, "such non*ooforming ]ightiDg Bha[ be IedI aod may be ooatiuued and maintained for five (i) yearg after the etr&dfu a.-t"-.r *ir-"ffiiil,but thqeafter shall conform to every requirement ofthis o"dioaoce. me five tsiveer oerioa after the effeetive date of thie ordirancseba]l be ca[ed "the t**nd". p"i"A ;;;;f,tfil"
change of "uon-conformiaglighting" to "Iegal non-cmfor'iugl'8*i+J''ti-Edrffi;d
t
the notion.
Before a vote was takeu, Mr. flpillane suggeeted tabliug this o,rdinarae until rarry Fskwitb
could be further consulted about whether the additio.e and changes made sioce paeeage of
thie udiuance 6a flsl rcading were subject to challenge, Merv Iapin ageed-with-thie
suggestions. KristaD Pritz had no objection to tebling tle ordioare fJr furtler legal
cmeultatioo. After briefdiscussion about the gpecific guidaace given in the errliuaaoe abiut
oeaeuring nononforaiag lightiag, a vote was iaten aua tu -Jtio" eaaged +r, Mer,' tapia
opposed.
Item No. 4 was ffiinance No. 18, Series of lg93, first reading, an rirdinance ameoding pgragraphs 16.32-030(F) and 16.32.040($ of the Muaisipal coae oe fte Tow:r of vail, to prordde for the temiaation of any aon-confcning eiga five yeare after the effective date or
13v aryndaent to the sig. code ordinance, ana eettirs trtu aataits ia regerd td*t",Mayor osterfoes read the title in firll. Jim shearer morrcd to table oldinaae rio, is, i}eJi;
of 1993' to Jure 15, 1993, with a sec@d froe Menl Lepia. A vote rag teken and tbe m*ion passed uaanimously, 5-0,
a-EffinrBqafd !rctto. the applicant was Mie;hael Lauterbach, Mayor ogterfoes read the title in fi:]L Jim cunutte noted that in l98o the a"u"t"e-"ri-pi*approved fgo ^thi" pry!9"tv, ,the Milka.e III rite, ca]led for a tri-plex to be duft oo'-the property- ordinance No, 7, se'ries of 1993, was rgqu€sring a l[qi@ aosndnent to the sDD to allow Mr. Lautc'rbach to amend the 1980 plau eo he could conslruct a auprex aoi a single-
Snilv reeidense on the propertv. Jim hdicat€d that m l'ebruary g, tgss, ihe pla"ri'g ta Eivironmental Cooaiseio& (PEC) had reviewed and lecminindea'.pp"*JT llr.Laute$ach's application witli seven coaditions ae detail€il iq the co*-unfS o*am-e"t Department's (cDD) memo to cou:rcil rtated May 1g, 1998. Jim advi'ed tl"t iit ortn"l"r."cmditione hsd been met by Mr. Lauterbach; the exception lei"c the .uatioD t"-"-Ja.
DecosearJr iupmveE€nte to the portion of westhalen Drive directly in ft,oot of his prop"*y
b^ F-s-q. mad up to Tov standardg. Jim noted that as pa"t orooaiaaroe tto i, if,;u,of 1991, l[r. Lauterbach agreed to g"ant to ?ov a ten foot pedestdan t"1."-rot ""il*t aloag his prop*'tv tca feet in fron the sh@ of Gore g5'ui5 "ro',g the;GT*gth;irt"
grypertv and a public access easoment _over the bike path which *n" th*sh uis-p"operry.with regartl to the unnet conditim, Mr. Lauterbach had acn.ed to b€ bfid 6 fu*-."-"conditiog aereed tn by the developers of the watersrd ""d cc*t**-p"ql""t ,Gtl *"exception that Mr. Lauterbach wanted to have a clause added to th€ emditlr* "rt"ia *ra releaee him frog the obliations coutaiaed thereia when and if the d;ld;.,f ;h.cornerstoae and waterford -project applied fo a buil.ricg perrrit befue ne iia. tr tne developens ofco:nerotone or waterford-applied for a buildini permit prior to l[r. Lauterbach,they would proride the g9Z,E00 ueceeeary to upgrade tle iila *4 tl"ofo"e iJ;ffi;be -necessarry to biad Mr. Lauterbach to the conditione omtaired in ffiinanoe No. ?.o*dinance No. 7 woulil repeal aad reenact ordinance Na r, series Jrg$. Afta, d;;""and brief, oooaent iom Mr. lauterboch as to his unrterstaailiug of ordinaloe-N;-t, M"-lladn qgve_d to approve Ordinance No. ?, Series of 1998, @ fir.t ;,adirg *ith ,til *"i1"*change in Sectim 18.+t6.210(CX5Xa) to Btate, '... at the, +jrrra a U"ifAi"i per*it iu-"tt"iil*a
a
Iteu No. 6 was ordimnce No. 14, series oJ lgg3, fuet reading, an edinaace amending section 16.24.010(G) of the vail MuDisipar code, setting forrh F^.,;til *l"d"g d-16 dioplayed on balloons which are associated with a apeeialiveot withia the Town ofvail. The applicant was t"he Town of Vai-I. Ma;aor Osterfoos riad the title in ftilI. -n if"fi",G"*"a ordinaace item numberg r-9. Jim Gibroa moved to appove o.eiua"*-1ru. r4;;;;;;;rids,on firgt readiag, with a eecood frrom Jia shearer. i "ote was teker;d il;d";;;*d rrnanirnOtcly, g-Q,
rtsn No' ? was Rseolution No. 4, series of 1993, a resoluti,on approviag of the puchase by the Towu ofvail from the united sJates lorest s€""i*;;p"di, of ldd"or--*ry k";*,ae the Spraddle Creek Parcel and the Golf Cours" M"i"-tiu"o" par.oel, and eettinc 6rth details in regard thereto. Mayo Osterfoes reaa tfe titfe in tff. -C;;pi" ffi,#;approve Resolution No. 4, series of 1g98, with a se@nd non .li. ciusoo. A ;i"G'tak*
a l the motion paseed uranimously, 6-0.
Item No. 8 wag Regolution No. 5, seriee of 1998, a reaolutim recogniziag 'June Resycling
M@th". Mayor Oetertoss brieffy discussed the rwolution. Uerv l.l'in ioved to uil*"
Rasolutim No. 5, Series of 1993, with a geomd ftom JiE Gibsos. A vote rras tske" a"a tU
motion passed uasnirngusty, !.0.
Item No. I was a reqaeot for apploval of utility ercroachmeort agreemeut for 2gg3 Belloover,rntermountain subdivieion The applicants were David A" aud r.aglie A. Daidels@. Mike
Brake expl"i''ed the new ownere wanted to r€c€ive permigsioo frr eriating decL aud stairway
encroar;bncnts o'u utility eas€meat.g. It was ooted !o other neigbbors-would b€ aected.
Merv lapia ooved to appmve the requeet br this utility encroachmeat aele€eent, with a
second from Jim Gibson, A vote was taken o'.d the motion paseed ,arniiously 5-:g.
Befue adounoent, Pam Brandneyer as,ked cormcil ftr donation sf a blue paikiae oas.i to
be uged as a rafle item for the upoming Bide the Bockies eveEt. coneengue ",r"-ri.n"a to aPprove 'r'ie donad@ from TOV,
Pan also adviseil couneil of ro\rs upconing fueak up Meetiry alates: July 21, July 29, aad August 4, 1993.
PaE Doted a letter had been received frm cisey Dobeoo indicating th€ bels at the Iaterfaitb chapel had to be replaced at a cost of appoorimately $18,000, a'd the vail neueious Fouudatim was asking for a ontribution fron Tov. pam asLed couucil ie Bh€ shouH af,vis€tlrst this request be resubmitted during the summer rLen queots frr ontributions froE lov werc ueually hear. l\fierv lapin felt, tbe srea or cmtributims *'* o." *hic]t A.mendment I would fiorce fuastic cutbacks. IIe aleo felt, iu the case of tG eoecifc
c_ogtribution ryguest, that state ard chur& Dooded to be separated. Rob Levine did r;t f€el thie was a religious iesue. He < tbe-chapel was -a laadna* iD vail. Jim cl*on agreea.Coasensus was reach to cmEibute $E0O ftion Council Cotingency F"!d, t ;a; tb"replacernent of the bells at the Interfaith Chapel.
Larry Grafel:
I 441*i 9lean-Up Day had been eueeessful 1lrcre had been 422 participants.* Advis€d Pet€ Bumett had announced he wo'ld reti'e froa rov.i iJy1, rg$.i Asked courcil if the ski M'seum contract was to be continued .r ""i,"lurn*a colncil eaid it was, aail Lal:y stated he would cmmunieat€ this information to Bill
Johnson.* suggegted that the aII day coucil croal settilg seeeion scheduled for May 26 be pmtponed uatil .after the citiaen survey has been revieweit council agreert"* updated council on changes plaaned in Nwccoc's bylawB targeting;;unities not pa4ng their dues.
th€re beila no further business, Jina _Gibqgq moved to a{inuro the ueeting to Executive session to digcuss Pimonoil Mattere. Jim shearer e€coodei th. -"$;-A;; "* ;;k-"aud the aotioo peea€d unaniEously. llhe meeting was aQiourmed to Exeeutive seseion at 10:tt6 P.M.
ReepectfuIly subuitted,
W Margu$t A- OsterfoBe, Mayw A
lfinubd hlsn bt oo&nn€ g lhb
ATIEST:
C:$lNltlYls.q|
tt
I
MINUIES
VAIL TONIN COIJNCIL MESITNG
JAI{UART5, $93
7:30 P.M.
{ negulal ee€tiry of the vail Tocra cormcil was hell on Trresdey, January b, usq i,n the corDdl charb€r' of the vail Municipol Buildi&g. lhe mectilg ryas called to ode,r at ?Bo P.M.
MEMBEASPRESENN Peggy OstErftss, Mayc Jis Gibson
Jim Sheor€tr
Rob Levine
Bob Buckley
Merv Lepir" Mayor pbTem
Tom Steinberg
MEMBEBSABSENT:
TOIitN OIT.ICIALS pRESENI: Rou phillips, fbra Manag€r
I€lry_Eehrfth, focn Attomey
Pau Branduepr, Assistelt to-thc Town Mr'rager
The first iteor @ the ageoita was citizen participation of wbich there was n@e.
Seeood on the agenda was a Consent Agenda cmaistiug dbur iteme:
A Apw,oval of .he Mi:rrrtes of the Deceo.br l, lgSZ, D*eo.bcr lE, 1gg*, aod Decenber 22, 1992 Toryu Couacil Eveniag lfl"edri Mi""t*. - --' ---' ,
B. Ordiuaace No. B.,.Seriee of l9gp, second readiog, aa ordinane ammdia"e Title tof the Muoicipal code of the Towa.rvr,'Fir" "aa-ililGliiffzio -Limitarion of Teroq,_to _pqovrde frr t,b€ linitati;if t"r_" f* JUT"Tbe_ "r perrnarcnt Towu of Vail Boatds aad Commiseiolrs,
C. Ordinance N' BB, Series of 19g2, second readiug, an otdbance repealiac aad reenacting Cbept€tr 18.82 of the Vait Munidp;i C"d., "dd";ffiffi;rd toboggauilg parks as a oondi.ioa-t "*. apfli"uot iuGU;;,Tnc:
D. Ordiusnce No. 84, Serica of 1992, eemd readiag, aa eriliasaee Epesliqg sec-rionllof tuiuanoeNo..14,seriesdresz,sffi*e;;'a;rfi *ft
"th detaile- in regard therelo. tttis ordinance-&ncerDs a m{or a,..ao,lnent to Special Develq,meat Disrf,ict (SDD) U" e, Vrif Vrff"g.-f"d t Gfi" "' prsvious conditior,of egryroval frtr Uuit No- 80, phas6 i, VdM;;ii;Condommurn{fo East M€adow Drive.l lpefi.""t, bSC .trV;iilA;.;L,L.p"ftink Cicero.
Mayor Oeterfosa read the d{H i" fulL Due to rtquestB frr further rliec|rssion @ botb ffiinsnG No. 3O $eriee of 1992, ard Orail;;-N":&;S"ri* of 199g, Rob leViae uqrcd to re.oye it4ns B & C fron t'e Cos€Dt A$dg, ,itU-ii"o*e Ao- Jim ghea'er. A wte was t Lelr and the motiou nassed -,,",,i-onledE,0.-- - -
{iE to*e tlTD moved.to app'rrove c@yt Aeud- item ,4r, with a gecmd fmm Bob Buc&rey.A eote uraa tater and the notion passea ",,it-orui"-g-6.
{h-_9ih *" noiej p approrrc cmee:rt Ageodaitcu D, with a secmd fta@ Jim ghea*r.
f,ffi;* takeu and the motion pasoed 4+1, Bob s".kL"
"b.td"i"s d;;iJffi..f
Mayor Oeterfrae felt ffiiaarrce No, S0, Series_of f g0a an ordinalc prwidilg ftr li"rlitati@ of t"'me for all meubere of peroanert mv t;;;; co'nmiasio*, ehould ircru&Iangusge to allow iaeumbeots
'o
apply f.";;p"i;;;t if not enough rew applicaats apflied for vacaar poeitions. Ji. cd;; .;"-d6ffi;o"d"r"* No. g0, serid of $ge,on gemd r€adir8' x/ith a 'ha4g. to iudicate tb"t,'i-o til ""*t there wae aD in.ufrci.nt
DUDbGlr of Bpplicants for opeoiugs m peraanent lov Boards and Cumissio!& in(Irnb€ot members who had rerved more thar eigtt oonsecutive years wourd be eligible to appty br reappoht'€nt ,liu Slearer s€coBded tbe motion- A rcte rae talen *a ff" .d'pu"."d,tt'l, Bob Buckley oppoeed
orrdiuaace No. 8B' series_of rgg4 aa odinance cmerniag au Eneudnent to chapier rs.sz of the vail Mrmicinal code to arld eleddiug u"a ffi,r"u ili'cuEeed nexL Bob Buckrey steped dJm a"e 6? conflict of intercBt A nenoo dat€d nnBZ fuon the Conmunity $vebpnmt n"p"rL*t (CDD) to ffp ptr''',iqg ad Euvironnentat conmieeio-n (pEc) de'tsiled . -i*,fut**
of the r.eq'es! backpnm.iDfrrnation' the pro'pooed code en;d'e'd * *Gt of the poopoeed code amc'd'entr ard staffg ttconeendati@ th1r-t11 tuai" th_ ffi*"d "r"-*iiri l" "lilrfrTrV "n""Epproval of the conditioual rrevi,ev, the roq'eeted i*" ,-"ra-"n't_-*oritir"?, ir _y uuitigated aegative i.pasts-. me propoiea "ddi,i; to tle zouiag-;;;;;ia
"lio. v*r A'sociates' roc' (vA) to applv -fo i .i-artm"r *" pgrmit to operatc a -eledding and tobogeanmrg psrk ({t rr}l in tle ri*"1""a
"*", G,ffi*ly on an unpratted tmct oflaa{cureotly owaed by VA located south of corc CGI?* td,G;b_rig.,iij!ift"i, e.K.ristan hitz noted geven rettere of oppoeiti." n".,iria""t"
"r til" "GtffiJ*a"*a had beea .eoeived- Arr Abplo-qlp, rtt;;iin*;;* eerrurar regiilente itr oppositio' to t'his popoeed amendmen', b"gri " t""gtny a'**.iJ" bv_6rot recating ne haa- appearea before Council ia Dec,mber, tSSe, ,n"i tJ.o i"g ilare Ve, bad r€qu€sted apprwal of a poo'eed F'neudoent to chaptr
'a,se, fu.i,.J6h;a open space District re'osu, ortne vail Mudcipar coae, to iacuae vt part""itt tl"-u"t; -rau*.r usee outlirGd ilt iilcstioo r'.gs.'Bo' He ind.icate4 after "q"--rh* "f
."t""d vi +i-dr"t-rfr6a?ffiffi l*"r*adjoining the area VA rrogoaed l*-1.* p""h-;6; * EE6 pmope,,v owrerr who would be atrected bv the bmwn iapact of thie ;d;"il'; oppoeed to it rre Eftrred to thG universality of oppoaition to thi_s tert anendmeni;;;d,ily'b"Gir,"iililffiit
"*a tJre oliectious were areo ftnerarized as to the inpact iitai" typ" or.uog" withb the AogD on adjoiaing prope*ies.- ut. afpl-Jp
"taEtTi Iaa lecoeniued +.hio ordinane was a propoaal for a teri anendmeot, 6ut eft tne td.* "f urir-tyl*-"r *rEulffiL ,'r"i.port&L He dietributed co-pi"" ot'ie'" p-]fr3".nuo"t"rl"u, orthe type of uce bciug co'sidered for trrie district. Meyot os'"rfu-asGa rrri. eml""rrp why he consiahed a s/t park diffennt frm other condiri,onal;; "t;;;-s;fi"r 1&Bz.oB0 ofchaprff l&8adrr€Vail Mu'icipet Code. She iadicated th"t;; il"-f"; of this discussion, aoa Couacil outd not diecuss a-n application thev lad not receiia" JtL"gn ln . Abfr;ffHH;.d ""apprieation ft'om vA had bee-n gubnitted t" a"tnf p*""p" t*o EotrthE ago. He felt Couacil would not lave congiae"ea-tle-clailefrVifio oot p*Bou.a tbe dt pal&.. Ee saial Tov. fad receiv4l. p"oe** r"a a"oa"a t"'"lrrc.fr" ''";',c r"* to fit it.- He said that was th€ rever€e of the way thg nrocesa ehould worl. Hp af1 t["t *u"-tl" probi"ifiurv*osterfoes repeatea councit, aia.iot ;;hf;;;;^th"t had Dot bcen pDeserd€d to the,n.she repeated tbrreuebout the discu$b; lh"t a;ffi;.d.chal*e was a c@eptuat erange,not a prran sr a dt oarL. Ianry Eskwitb
"a"i".a "ilffi*u* wrsaresently be6re co,r*il,ard added therc du* b€ .no lppricati* i"r tti"lliii*r"-t a change ir the zo.ing, ttre emphesized potential condifgil "* .ppuoti*i-ilo'not a*ued befors tbey were made.Mr. Abplanalp argued, tlirj:l1F_". t"rt--"il.i. a-*iiJpr" -a ,,,,rnt b6 inpacted *ere ng0 1:Ef :"d etTT ltr€. opporruBity to'naponil. XuF ailar? oe *e prpoeed o_t,.,1nrcDt. tho8d p.opte *ho world be imoacred either baa epecific ,mli""ti* *ii"l-.q ffiffi;;i"a *any :Fplicarion, harrc omveved to Co.;1,fl il"ur"iiffi saw with the text amendmenL rtre gaid they did not feel tf" i"t *io o*i-frtiliri*furftUg ffrom a sft, ps!& rur otr a oonmereiar basi' rvas .'nsiste.t wim either ffinG*, ,1" pure*" oa, c otler couditimal uscs $rithin the code' rle aoted vA *dd;;il;ff*"d &r.rhir par*" and < vA wourd Dot teks on riabilitv risle associa'ted *tt tut" p"qlir.r"sr thetr. wae eign:ificaat incone potenrid. For that reagon..he gaid it must be "rJ,ri:Ji"tl"*^grra u
"
g.Hffioiftuty the'e' and, agai4 etated that ya' not .*ri"ht;fr,AosD purpoeee. Nigbt t,hfi,,s,parking pr6lene, increased-tmfrc, ;-i r;""tiryild'il"o*"u, propertiee in the area were ammg other generalized ooncenre at"a * od-tor wi.y this arne'deeut Bhourd aot be exanted- y"' ,gprnnqrp fert th"o" ",* . t*frilil n+.d" *tth th" p##"*b"t"g followed" ne oea.nea- to vair Mi.t ip.I-C;.idftlif,ol*u"n ,"qoir.a Tov ro hold a pubric bBsriDg on applications "to-t".ipi "r. *p"J *a-il-neodatims froo the pgC. rbe fdlowing Section orrovided TOV act -.. p."Ga zoHg';""d-*e wirlri n 6sgntr, dap atter the closing of a public heariog.. u"_ AfpiJoJp ei*t *r?ffoo, ,"""*g of thsr wag there first was a hearios on * .dTlg? tr." -. d".i"* li*iiftr* b develop and ordinaoa. He did not feel that procediure harllappened iu o* i"*-;r" r"rt there was not only ro Dotie to people who would be atreste4 ti;h.tb""" ;;#nc. Iie reft the procedural aspect
o
of thie should be rerdewed- Mayor Ost€rbss clarift
ffirsrroffi fi';#[ff!!S,fr ryffi ffiSffi co'aiuoir-u;dil;;il,ll"i.H#,*"Tffi J*,HHffiEffi
,IiE Gibson Doted rhere,wer€_g? :gl*"f ear.ceta TTd AOSD. Under 18.gS.050, eacb parcer wae rrequired to be a 'ninimnm oras r*.Eit* advieed there wrere AosD pa*eb in e*bteEae that did nor ."et tl"-_i"il"ilfil ei;;", we[E lrarcels already ilt exiEteD.e befrre the,ninimnm rccui,glenf of sE "*";;;;,,ehe{L ffa ,,ew AO*D paroBl were beiae crcat€4 it aow woirrd hav-e tp neet tle niniuufr,or ure Equircm€oL JiD Gibsm felt tre uuuber of panel" *at coutt phvsicib;ffiffite,a stt per}' aho{d be b*n becaure ffitsil S*#l-".f***F,[iiili"ff',*,p*m". JimGibeonasredirar
*trTnff #il$*Hft {"tffi ,Hffi ,%t#."?*s?*^ffi i;H*tr#ffi-ffiHffi*?ruffiffitrm
ruffiffi;ffiffiH,".ffi,rum"*m Althou* there wag ;;;;;;;:X:-T-YT".partels EjiELt h8\le e@e potoutial.b"Ga_"; ,i,;;ffi#*H_;m#ffi Sff *#"Hffi ffi 1. .p""Tq tu {t parts, bur r.here ,r"
"o f6*go* dl ttrat strt of couditioual use r'",,,,i+ rc.iil::;:,-*j'::'T":.:€v_wourc 0e app,opriate ftr
#Hn':H#H.tr*nffiffiffi:ffi-dffi ffi m;
aad open spocq howerrer.
a pubtic park becauee i, *'YT H'*u "*t' st'fi #md1##iffiffi*
't'r"r'?iffi ffi"triffJ"1*lfrffi$:ff mffiH,wrrotn the mne district..o,,+ b e1't" * -ffi"au"r-
thmwh the ,mirg code *?.aendnent process was to chance the ;;-#ffi ffi,trfffiffr'- Lfffi#ffi ffi #*1p":*=iFp:ffi",m1rur*,*yffi i-d b""; ;b;H;r;#11_t1T "ld-{'..g the ordioance. .s!e said no Deed or iaterrresr
ffi E-E!,H#ffi $.ffi ffi #*'iilkH*gsilEffi wae a backwerd *"v or a""ri"g *itr g*a_c"ffi.'ff fffiilTffim #ffi HTIF wtat tne appticatio_n *"u i*. li *", *."iio the. zming code to orii' .ppri._"nt"ro
"nr,y r* *r ""liitt$ffl Hffi ffiril added that did not nean gitif_woura.t,iii."o""'itoil .perr*ro* or that the pEC wo'Id rufr:bHlgi,.r#:'trHfffi#'"#*v"rerr*{;i;;;J*v spcts rtret, ajd that sled *n* *r*ffi-tffiffi
ff _tt T*3i1.rh"f was pubric euppo,rr r* rt. -n,i"T,i ;,ffi;T*I*S T1 uv|ng uert to the othe,r E6 r :tgi*d"*u;-*;;*#*frlfl#*ffi"#1ffiru- "3ffiH uees o thoir parcels. rftieran ad;;ed.r"i
" *"aiffihT_t tnte 'ould chaaee allomed
ffiT#*%ffitrs pa*- tr[avor oeterfoss asted it L-6;;;-r;= :Hg oqP5ts to the r'opoEed dt
f"Ht"gffi *ffi #y_=at"u*'*;;Llffi
'pp*p'r't"ouo-or?fr ff#mmrt"mmutmffi ffi
conr'Gfcial developnent of ey't parls. Kri.taa mentioned e-aumber of pfivat€ psne* with potootial iacluding the xre8t alea of p_"t t" iht"hr-6;ffid".. ulreE arca own6d by the U.S.ilffi'ffi ffg*h$Tk cb.h ;d;ilT;e;l11 *,,..,roryx€d saldstee
"g*r*-[*u*#oi;t###,*H"Y"ffiffi #ffiffiffi fr-I, Jim Gibgon oppoeed; Bob Buckley
"b"t iui;.
BDD No. 4 that coocern O-*t*,nO
ffi#i$o\ffffi* 3"td"8 rod;d"o'i'- riis; th*.'". {he-apricents nere
Btatus of this uo*""r "^ a*JirH**HF**. maty u"u" maiffi;Th"
ffi$He-",,No. 4; cescade-viua;,-L; .c" o" dffiT;-#rffi,tfrrl:3H:::l.mr"H ploposed ,,nemdaent aqnq w.@f eeEsi@s. at GtTne,-Cqrnctt su€EFSed a number of ruffi'#'$iq:A*ffi H#:.-gs?.;a..dri-up"l"****"ld*. A" a r€Burr- or tudbar.k. s,_ cfiff t*.ffiff"? &&ffi*fltrffffi Corncrrstone Fqiect to,tt * , ,r"d-d;"G;;i-dl rir tbe Cmeretone site with 64 tra[8iert units
'Ea'us t'he-two developmeo.t -"""*tiil-p*tioo"ty
propoaed to the pEc m Deceuber ?, 1992. Witb F,yryr i,-p""Jh;;*_no qwe[ing uaits tocst€d iu the 9*"pt"_Ig t-:ect. lhe applicat ma ".it-ra" *, _.sinc the p'c revies. eu iin"*" o" G-vy1-frf,t t*ffiff"8$,"ffirruff meno to tbe pEC werre un_to-date. t" O*g"" _"il i ft€ Comrerstone prqiect as aresult of counc''e fe€dback duoac y,ort "*ri*"?"iffi&"t"a inlg fuinam No. l, series { $,q tuJ f"dyc Rather tha revie* th;;fi;;";mg';"*gffi"1=";ffi"*Vtffitrffiffi
arr&itecturar desip, a -4-o anloadeoifu; ;;;:,{lfonneot plans, includieg
ptooes. now uaderwav. dre 'ot a n'-a#ri.aruUr*H*ffiffim"*aplnove a minm euUivisio_a y{aqio s.€ndee!il'ilfru.r.r9. 4 Cascaite Mllage to s'eDd the Development plan for w-aterford";Jc*rffi;;;*g.rn Area A we.re &ra'ed iu the EeEo to couacil aatea December e, rsga iroffi fft^" i"1qgn"d a lengthy discussim fi1fff,*";tfffif1Yt { tn .-"*i.'Jfri i,l"*
_or wegthav€lr Drive 6rm s.p.qr""t-&;b,,,;,;ft Eii=ilffijff;f ffi ilf*$.*a*"""*,"J-uralfri#rua lbie mad had not been con ggffi'ffg
;'*.**ffi ,TJ,ffiS.ffi%%'#f"'iffi ff ""**ftrffi
ffiffi trit"Tfff ffif tr"*?ff*t#fi trngw6##
ff ffi?'ffi ,1flnmJfr l*-*'ffi ffiffi F{#ffi:tr"Hr"a d arl or the impno'emenL :T 4 u"+ *u*aT"l-$1ffffi*T,ffiffiT*
ffi"fi L$trffi"J*&ffi d,g;*.{*t*,o".*ss-isl,.;"ffi ib"
l"^S:dr.t developen,. and tle cascade vilft-i;;;;.the e|ttirr sDD. Ther€ leece aow
H9- ** neeponsitiuty for thig mad -G,-#il1frF^lTll: M' to a lare€ *te@t"
ffiiffi"'*t *i*T.#xfj*:_"*, ;i i,;rL.;H* d".'eroper' cmsidefts r,h;
new devetropere oo *, oo"T * Tapprcpriate or * "ffiygl,lTffiffiffiH Ig:jh"'i;iii";u*",tfr ::#-coilil:.Jl.Hl**tffi"fH*F#m aeT9perg, beiug I part of CVjb.TIle o *"p*ribl; ; Ji m. enbers ofCVA" ftr the needgd ffif"iltffi*"Hurv, Epres;rinc c"uo? r*rt i" cottese, rh€ cotsado
the rnad r.t-l-G a"Tt^#T3t"'3'1 gvA'expresoedoncens tr*t ti. t*-iffii"r n brougb this propooal. She encourgged Council to loo&. at
o
ac6ptilf the road ae it was, ard assune some resgonsibility for upgrading iL
I displared at 'his meeting. .I1 _thst Espect, be felt ienters of the .mtire sIlD *ere I ultimetelytheeo,rpr.upisibl"frr;;t;td;:;.bffi,-rr"zurrrr"""gono*i*toexpect
r t^e new d€veropers to imnrwe tle area ortie rdd rt'#a t" tno, proporty, and noted they I bad eaid they rroutd dothat. B"y""J tb;C-ff#;E rt waa appompriate fq, rherrr 16 I participste in the future
"f th;;;;il"_1gl .AftT turther digcussi@,I iocluding conca"*u* "rt'{u.e thi"-;tilqEpTi- tTr# p.** involved reached.:-*Iy I rerolutim to the problem., it waE- 8gfted the u*t at"n wEs to ascertajr the coet of | :1g. :t-p"'T,.,T.1 ia"t **ra-.dt Ji ;il;org*ai+e aprccess to bringthe road upto gtanaar,as*-offfflftm**rrtrbB could be rcli€ved of main=teao"ce
^qqsts
fG it- rr" "trt n ths' ME'M would @Eibut€gd'000'00 to a ehdv the torar osr (tr 'he.dbla ffi ;;Hr cudence frm Tov ras needed.Estecquio.corrina etat€d they- were _trd; t.;peia; ffi ffffiT,TI-:*X H,H*t"T,*m#"f$_ffiffiff"ffi
vote 17as taken" Jrm Gibeon advis€dle_* srddi; *t" u;rr*t app,ruval beeause he wanted , to seer (1) a tra.frc study, (p) a rceolution ,f tUJ.*"frtfE.fobreaE, (g) a frruro cr funat lotcooperationbetweenalltheentities*i"i&"r#i,lffigaco@.Ei-t@enttobrinetbero6d
I up to Tov etandErds. TheD" he i"ai*tff, fOi*rllffitl
Imaiatcoance poblens beiDs experiened there. there ."T^T.t tb" ru! aad rclierie the
la *lt€cfire efrrr to roro G:r"dui"-l -* "q;"*tfm ffiffiw
b.Levine.asled what guara.nteeg there *ere that the devek tutioo to the rcad p*L[i]-rr"a on", rnrcci{ "ne#;;ilf;,ffiffiH#ffi '' of eonomic motivation. rle_gtatedit**-.;ffi*ty-db; outtiatthey wGE meuberg fllflryt h"9
fie.n 1shts, ta;ns authdity, Ja-oriri -o* aaa6ii,ncnr.e q-in6+ -rr
Item No.4 was Resolution I
ffi*g+,
Itelr No. 6 was a rtview of a ffA) rqsDiling va,a o* or tf AgeeDent betweea fr* :f Y"a,13d vail Associates, I!c.u."*aii-t.or io-t [i-ffitsffif:**ffiH g; ],1_n.1*r"r *pp"a a*,i-ai,I-t"
s\p VA the nm+xclusive i"rt t,',rrtlff'^Lff^T-",t"lto*"9 a[ree@eut which would
rt pcovided vA would 1o6".rr*-?,"e" tllalNetie field firr partins this ye*. rI" ii[d
+l*tt n"ra p*Eeff;tr ffil Htr H"*$fflJj *ua o"p,r
"ia n";f,uilltu
at couacil work eession, and council ual Gil"i,frlIffi"fr"Tffi,W*
I
I Bituatiotr aad develop oontraet t"- gT"t T_tr" Esreeeedt _Jin Sheanr mornd to approra tJrie Agreement between Torn 9f flil_gd VA A?;;G llc. regudiug tbs athtetic neU ffffir$ffij ft'on nob Invrne. t"A-;;;t
" "aa
in" -t* p"*d d.'
Item No. 6 was the rreview of-a-sign varialce rcquest br erart{n's saloou at crossme.rs shopping cetrt€r located at 149 E. Meadow Dri;e/d;i,Tro"r s-o,_vo_ virage kt ailirs.The applicaat was Garton Developaeol Dave Garto *u" p*r*t. flhelry Ilrle*o noted staff qnd tb€ DsB had nnqnit'oualy t6com.*a"a aperoor'Ftt" ",* ,raluom. It *r'Iil altory fo a sigo to be hung @ an ew'irg rli.u **-iJ ftilt or c@lrect€d to the buginess,althougb it was mnect€d to tbG Cmgsroadg ilutftD8.-ffi partiarlee of tbe desriptim of t'he request, fnali,tee and staff,tsponsea, and stas-r,econEeodstios weme detailed in the cDD'e meoo to tle DnB dared D;;t; ro, rl[E '6[ffi
aoted there wer,e bur iteqs i!that remo rbich diecuEsed why.etafrrut *oi *""1 ffitif, iae.turting a saf€ty is'd .fh Sbearer norred to apprcve the fun "rri.r*;;.G;ilffiqq"a *itn
'nrliosr
per the CDD memo dated Deceober 16' $sa, ""d th" ffDd;.rtt"bne. JiE Gibeon s€odaled the aotion. A vote was taken and the ootion pasr"J u""Gorr"fy, SO.
Before adfourment' pam Brandmeyer-b-rief,y rcviewed datee, times, 8,,d placee ofa nuuher of upming funcions and meetiagr. t"i=-"ry"i:-"irtf;" busiaese, a notion to adiourn the oeetiog waE made and passed unaaino.sty. -rt" --"ilog *o Eqirut!€d gt 10:2d p.r[
neEp€etfully suboitte{
ATIESI:
p@crerk
Itinulr. tahn tt oorisnE S. oeb
cll|$8ri5.92
!.- )o
ORDINAII|CE NO. gt'
SERIES OF2(XF
AN ORDINANCE REPEAL]NG AND RE.ENACTING ORDINANCE NO. 12, SERIES OF 2005,
CASCAOE VILI,-AGE, AMENDING AND RE-ESTABLISHING THE APPROVECI
DEVELOPMENT PI.AN FOR AREA A OF SDD NO.4, IN ACCORDANCE WITH SECTION 12-9A.10, VAIL TOWN CODE,TO ALTOW FOR THE CONSTRUCTION OF ELEVEN NEW DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Section 12-9A-10 ol the Zoning Regulations permits major amendmonts to
previously approved development plans for special Development Dlstricts; and
WHEREAS, ordinance No. 11, ssries of 1gg9, has become nulland void, thereby
necessitating a new approraed development plan for the subject property in order to proceed
through ths development review process;
WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No.
8, seriesol 1985, to amend and re-establish the approved development plan for Area A,
Cbscade Mllage, SDD No.4;and
WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. i2,
Seriee of 2005, to amend and re-estiablish the Development plan for Development Ar€a A,
specifically the 'cMC Building" to allow tor the construction of th€ proposed cascade
Residences; 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 idsnlified in the
Vail Comprehensive Plan; and
WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, lhe
Ptanning & Environmental commission held a public hearing on the major amendment
application and has submitted its recommendation of approval to the Vail Town Council; and
(
I
(
Odinano€ No. 33, S€d€s of AO0S
a o
Sectlon 4. Speclal Devebpment Dlstrlct No.4, Cascacb Village ehalt read ac ioilows:
Purpe
Special Development District No. 4 is esliablished to ensure comprehensive development
and use of an area in a manner that will be harmonious with the generalcharacter of the
Torn, proMde adequate open space and recreational amenities, and ptomote the
obiestivs8 of the Vail Gomprehensive Plan. Special Development District No. 4 is created
to ensure that the development density witl be relatively lonr and suitable for the area and
the vicinity in wtrich it is situated, the der/elopment is regarded as complementary to the
Town by tha Town Council and the Phnning & Environmental Commission, and because
there are significant aspects of the Speciat Development Dirstri,ct which cannot be satisfiecl
through the imposition ot standard zoning districts on the area.
Deflnltione
For the purposos of this chapter, tha tollowing definitions shall apply:
A- 'Special attraction'shall be defineo as a museum, seminar or researcfi center or
performing arts theater or culturalcenfer.
B. "Transient residential<twelling unit or restricted dwelling unit, sha1 be defined as a
dwelling unit located in a multi-family dwelling $at is managed as a short term rental in
which all such units are operuted under a single nnnagement prwiding the occupants
thereof customary hotel services and facilities. A short term rental shall be deemed to be
a rentalfor a pedod of time not b exceed 31 days. Each unit shalt not exceed &t5 square
feet of GRFA wfrich shall include a kitchen having a maximum of 35 square feet. The
Ordinance l,fo. tr|, Series of 2005
97.955
Devsbpment Plan-Hequlred-Approval procedure
Eacfi development area with the exception of Development Areas A and D shall be subjec{
to a single development plan. Development Area A shall be ailowed to have two
development plans for the Cascade Club site as approved by the To^,n Council. The
Waterfod and Comerstone sitss shall be allovrred one development plan each.
Development Area D shall be allowed to develop per the appro\red phasing plans as
approred by the Totarn Council. The developer shall have the fight to proceed wtth the
development phns or scenarios as defined in the devetopment staflstics section of this
ordinance. Amendments to sDD No. 4 shall comply with section 12-gA of the vail To$rn
Code.
Permitted Usee
A. Area A. Cascade Village
1' First floor commercial uses shall be limited to us€s listed in Section 12-78.
3' (Commercial Core 1), Vail Town Gode, except for in the CMC building, vufrere oflice and
educational uses shall be pemritted on the first floor. The -first {loor" or "street level" shall
be defined as that floor of the building that is located at grade or strest level;
2. All otfEr floor levels besides first floor str€et level may include retail,
theater' restaurant, educational, and office except that no professional or business office
shall be located on stree* level or first floor, with the exception noted above, unless it is
clearly accessory to a lodge or educational institution except for an ofiice space having a
fuimncs No. 33, S€ri€s of A0Oo
TOTAL
(.
o
( Town of Vail Zoning Regulations.
A. Area A, Cascacle Mllage
1' cascade Glub addif'on of a wellness center not to exceed 4,s(X) squar€
feet.
2. Specialattraction;
3. Skilifts:
4- Publb Park and recreational facitities;
5. Major arcades with no frontage on any public way, street, u,all$r'Jay or mall
area.
6. Transporhtion Business.
7. Ternporary Use of the Tennis Facility for Conferences and Conventions
B. Area B, Coldstream Condominiums
\ 1. Public Park and recreationalfacilities;
2. Skilifts.
C. Area C, Glen Lyon primary/Secondary and Singte-Family Lots
1. Public park and recreationalfacilities;
2. Ski lifts;
D. Area D, Glen Lyon GommercialSite
1. Microbrewery as defined in Town of Vail Municipalcode, Ghapter 12-2.
AcceseoryUses
A. Area A, Cascade Mthge
1. Minor arcade.
Ordinance No. 33, Sedes ol2o05
permitted resid€ntial uses.
3. Othar uses customadly incidental and accessory to permitbd or conditional
uses, and necessary for the operation thereof.
D. Area D, Glen Lpn CommercialSite
1. Homo occupatibns, subject to issuance of a home occupalion permit in
accordance with the prorrisions of Tiile 12, Zoning Regulations, Toum of Vail
MuniclpalCode.
2. Attached gaBges or carporF, privata greenhouses, swimming pools,
lennis courts, patios, or other recreational facilities customarily incidental to
permitted residential uses.
3. other uses customarily incidental and accessoryto pemitted or conditional
uses, and necessary for the operation thereot,
4. Minor arcade.
locatlon of Buslnaos Activity
A. All offtces, businesses, and shall be operated and conduc,ted entirely within a
building, except for permitted unencloeed parking or loading areas, and the outdoor
display of goods.
B. The area to be used for outdoor display must be located direc,tly in front of the
establishrnent displaying the goods and entirely upon th€ establishment's oti,n propeny.
Sidewalks, building entrances and exits, drivewa),s and streets shall ncfi be obstnrcted by
outdoor display.
i
Ordinanoe No. 38, S€116 ot 2005
{ O. Area D, Glen Lyrcn Commerciatsite
The developnrenl plan for his area has epired. see ordinance l.lo. g, series ot
1998 for previous requirements.
Commercial Square Footage
A. fuea A, Cascade Village
Area A shall not excesd g5,698 square feet of commefcial area.
B. Area D. Glen Lyon Commerciat Site
The development plan for this area has expired. Ses Ordinanc€ No. & Series of
1 908 for previous requirements.
Ordinance No. &1, S6rl€e of 2005
11
(
tuinancE No.33, S6|i6e ot 2@5
13
( CHART2:AREA A
REQUIRED PARKING
o
Pad<ing for Completed Projects per Chart 1
in
Cascade Parking Structure
Parking Spaces
1161.9
Less 17.50/o Mb(ed-Us€ Credit -80.8
Total Required Parking at BuilGOut of Area
A in Cascade Structure 381.1
Existing Parking in Cascade Structure 421.a
Required Parking in Cascade Structure at
Build-Out of Area A
With 17.5% mixed-use credit 381.1
D,eveloprnent Plans
Sits specilic development plans are approved for Area A and Area D. The development
plans for Area A are comprised of those plans submifted by Vail Ventures, Ltd. and
oth€r developers. The development plans for Area D are comprised of those plans
submitted by the Glen Lyon Office Building, a Colorado Partnership. The foilowing
documents comprise the development plan forthe SDD as a whole, Watertord,
Cornerslone, Cascade Club Addition Scenario I and 2, Mitlrace lV, and Area D-Glen
Llon Commercial Site and is not all inclusive:
1. Waterford, Sheet #L-2, dated 11-12-94, Landscape plan, Dennis Anderson.
2. Walerford, Sheet #1.1, dated 11.13-92, Site/Grading ptan Gwafhmey, pratt,
SchulE.
Odinarce No. 33, Serl€3 ot 2005
15
1
( 23. Cascade Glub Addition Site Plan, Roma, 10/10/88.
24. Cascade Club Floor Plan, Roma, 1Ol1O88.
zEi. Millrace lll, Sheet #1, dated 5/6193, Site Plan, Steven James Hiden.
26. Millrace lll, Sheet #2, dated 4/1U93, Floor Plans for Slngle Family Residence,
Steven James Riden.
27. Millrace lll, Sheet #3, dated 5/6/93, Elevations for Single Family Residence,
Steven James Hiden.
28. Millrace lll, Sheets #4 and #5, dated Sl2olgg, Floor Plans for Duplex Building,
Steven James Riden.
29. Millrace lll, Sheets #6 ind #7, dated 5/6/93, Elevafrons for Duplex Buikling,
Steven James Riden.
30. Miltrace lll, Sheet Ll, dated lldB,Site/Landscape Plan, Steven James Riden.
31. Millrace lV, Scenario l, alVaCosgriff Parcel, Site Plan, Amold Gwathmey Pratt,
10t28t91.
92. Millrace lV Scenario l, aldaCosgriff Parc€l, Elevations Arnold Gwathmey Pratt,
10122191.
( 33. Mitlrace lV, Scenario l,alVaCosgriff Parcel, Floor Plans Arnold Gwathmey Pratt,
1ct/23t91.
U. Millrace lV, Scenario l, al*aOosgritf Parcel, Landscape Plan, Dennis Anderson
Associates.
35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped.
36. Survey, a part of Cascade Mllage, F.agle Valley Engineering, Leland Lechner,
618187.
97. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88.
38. Cascade Mllage Special Development District Amendment and Environmental
fmpact Report Peter Jamar Associates, Inc., revised 11nA88.
39. Topographic Map, Inter-Mountain Engineering, Ltd, 1A184
40. lmprovement Location Certiti,cate, Eagle Valley Surveying, lnc.,Sl2lg7
41. The Approved Development Plan forArea A, Westhaven Condominiums,
containing the tollowing Sheets:
o
Ordinance No, 30, Seri€ ot Ans
't7
( 42. Approved Development Plan for Area A, Cascade Residences, containing
the tollowing sheets:
Conceptual Perspective from Westhaven Drive
Conceptual Perspective from Westhaven Drive in photo
View From HotelCourl
Sheet A1.0- Proposed Site Plan
Sheet A1.1 - Sun/Shadow Plan
shoetE A2.0 - A2.5 - Floor Plans
East Elevation Plan
North Elevation Plan
South Elevation Plan . Conceptual3-D Model
* A maximum ol 1000 sq. ft. of common area, in addition to the approved plans, may be
added to the Waterford projgct to allow for compliance with the Uniform Building Code,
Uniform Fire Code and American Disabilities Act The staff shall review all such
additions lo ensure that they are required by such codes.
Area C, Glen Lyon Prirnary/Secondary and Single Family Loto ( f '
ilflffT:".H:lill.3l'andse2persheet'
L-1' preparedbvDesign
Ataa D, Glen tyon Commorcial Slie
The devehpment plan fortfiis area has epired. See Ordinance No. 8, Series of 1998 for
previous requirements.
Derclopment Standads
The devehpment strandards set out herein are approved by ihe Torn Council. These
standards shall be incorporated into lhe approved dev€lopment plan pertinent to each
development area lo protect the integrity of the development of SDD No. 4. They are minimurn
developmant standards and shallapply unless more restrictive standards are incorporated in.
the approved devetoprnent plan which is adopted by the Town Council.
Ordhanoe No. 33, S€rles ot 2005
19
t
Helght
A. For the puno€es 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 otheni,ise specified in approved development
plan drawings.
B. Area A, Cascade Village
1. The maxlmum height for the Westin Hotel, CMG Leaming Center,
Terrace Wng, Plaza Conference Building and Cascade Parking
Structure/Athletic Club is 71 feet.
2. Comerstons Building: Maximum height of 71 feet.
3. Waterford Building: Maximum height of feet as measured from finished
grade to any portion of the roof along the north elevation shall be 55' (South
, Frontrage 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 lll: A maximum of 36feet
6. Millrace lV: A maximum ot 36 feet.
7. Cascade Club Addition: A maximum of 26feet.
8. Cascade Entry Tower: A maximum of 36feet.
9. The remainder ol buildings in Area A shall have a maximum height of rt8
feet.
C. Area B. Coldstream Condominiums
The maximum height shall be € feet.
D. Area C. Glen Lyon Primary/Semndary and Single-Family Lots
The maximum height shall be 33 leet for a sloping roof and 30 feet for a flal or
mansard roof.
E. Area D. Glen Lyon CommercialSite
57o/o of the roof shall have a height between 32 and 40 feet. 49o/o of the roof area
. Ordinance l,lo. 33, Series ol ans
2l
o e
Municipal as amended.
l\ ll lira*h-- r*,,1^,^r^+-^-r ahtu*r^t L:r L&r ^Jai^i^^r
I 66.60lo and the Westhaven Condominiums, where 71% of required parking shall
be enclosed in a building.
2. There shall be a total of 421 spaces in the main Cascade Club parking
structure. A 17.5 percenl mixed-use credit per the Town of Vail parking code,
has been applied to the tolal number ol required parking spaces in the Cascade
structuro.
3. There shall be a total of 58 on-site parking spaces on tho Waterford
building site with a minimum ol75o/a of the required space located below grade.
No mixed use credit shall be applied to this site.
4. There shall be a minimum of $| enclosed parking spaces located within
the Cornerstone building with 37 of the required spaces available to the public lor
short-term parking. No mixed use crodit has been applied to this lot.
5. The third floor of the Cascade parking stru6ture shall not be used to meet
any parking requirements for accommodation units, transient fesidential 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 Centor Addition Scenario 1 shall be prwided in the Cascade parking
structure.
7. Seventy-five percent of.the required parking shall be located within the
main building or buildings and hidden lrom public view from adjoining properties
within a landscaped berm for Millrace lll.
8. All loading and delivery shall be located within buitdings or as approved
in lhe development plan.
Area B. Coldstream Condominiums
Fifty percent of the required parking shall be located within the main buitding or
buildings and hidden lrom public view from adioining properties within a
landscaped berm.
Odinance No. 33, Seri€E of ztx)s
29
t
ORDINANCE NO. 1
SERIES 1993
AN ORDINANCE REPEALING AND FEENACTING ORDINANCE NO.41. SERIES OF 1991.
TO PHOVIDE CHANGES TO ABEA A BEQUIREMENTS FOR SDD NO.4
THAT CONCERN THE DEVELOPMENT PLANS FOR THE WA.TERFORD,
AND THE COANERSTONE DEVELOPMENT BUILDING SITES;
ANO SETTING FORTH DETAILS IN REGARD THEFIETO.
WHEREAS, ilECM Enrerprisea and eommerclal Federal Savlngs have requested an
arnenchnont to the existing Special Development District No. 4. Area A; and
WHEREAS, lhe Planning and Environmenlal Commission has fecomm€nded that certain
cfinnges be made to Special Devel0pment District No. 4; and
WHEREAS. the Toarn Council conslders that it is reasonable. approp.iate, and ben€ticial
to tha Tolrn and its citizens, inhabitants. and visltors to (epeal and reenact ordlnance No.41,
serles ol 1991 to piovide tor such changes in Special Development Di$trict No. 4, cascade
Vitlage.
NOW, THEREFORE, 8E TT OROAINED EY THE TOWN COUNCIL OF THE TOWN OF
VAII- COLORADO, THAT:
Ordinance No.41, Series ol 1ggl, is hereby repealed and reenacted, as follows:
S€ction 1 . Am€ndment Pro@dures Fulfilled. Plannino Commission Reoort.
The approvat procedures described in Chapter 18.40 of the Vail Municipal Code have
been fulfil,ed. and the Town council has received lhe recommerdations of the planning and
ENkonmental commission for an amendment to lhe development plan for special Development
District No. 4.b
Seclion ?. Soecial Develoomenl Oistrict No. 4
Special Development Dist.icl No.4 and lhe development ptans therefors. are hereby
aFprcved lor the development of Special Devetopment Dislrict No. 4 witfrin the Town ot Vait,
Seciion 3 Ghapter 18,46 Special D€velopment District No. 4, Cascade Viltage, is hereby .
repealed ard re-enacted wilh amendments to read as tollows:
. 18.46.0f 0 Pursose
' Spec.il Development Dlstrict No. 4 is e$ablished to ensure comprenensive developrnenl
and use of an area ln a manner thai wlll b€ harmonious with lhe general character ot the Town,
provlde aEl€quat€ gp€n space and recreallonal amenilies, and promote the objectives ot the Town
of Vail ComFrehensive Plan. Speciat Dislrict No, 4 is created to €nsure that the
lor the area and the vicinity in which it is
,F
o
l,,'p
lF,
dsvelopment density will b€ .elalivety low and
situaled, lhe d€velopment is regarded as complementary to lhe Town by the Town Council and
lhe Planning Commi$sion, and because lher6 ar6 significant aspects of the Special Oevelopmenl
Dlsltlc-t which cannol b€ satistied through lhe imposilion ot siandard zoning distrlcts on the arsa
18.46.020 O€finitions
For lhe purposes ol this chapter, the following definitions shail appty:
A, 'Special attradion" shatl be detined as a museum, seminar or research center or
performlng arts lheater or culnJral center,
B. 'Transient residenfial dwGlling unit or restricted dwelling unit' shall b€ detinod as
a dwBlling unit located in a mutt-lamily dwelling that is managed as a shorl term rental in
which all such unils are operated under a single management providing th€ occupants
thereot customary hotel services and facilities. A shorl lerm renlal shall be deemed to be
a rental lor a period Df time not to exceed 31 days. Each unit shail not exceed 645
sguafe feet of GRFA which shall lnclude a kitchen having a maximum of 35 square feel
Th6 kitdren shall be designed so thal it may be locked and separated lrom the rest of he
unit In a closet. A transienl dwelling unil shall be accessible from common conidors.
walks. or balconles.without passing lhrough another accommodation unit, dwetling unit.
or a lransient residential dwelling unit. Should such units be developed as condomintums.
' they shall be restricted as set lorth in Chapter 17.26 Condomlniums and Condomlnlum
Converglons. The unit shall not be used as a permanent residence. Fractional fee
ownership shall oot be allowed to be applied lo transient dwetling units. For the purposes
ol debrmining allowable density per acre, transient residential dwelling units shall be €
cointed as one hall of a dwetting unit. The transient residential dwetling unit parking
requirEment shallbe 0.4 space per unit Flus 0.1 space per eactr 100 square te6t ot GRFA
wilh a mardmum ol 1-0 space per unit.
18.46.030 Estabtished
A. Specbl Development District No- 4 is estabtished for lhe deyetopment on a parcel
. ol land cornpdsing 97-955 aeres as more particulady described in the attached Exhibit A.
. Spedal Developmsnt District No. 4 and the gz.gss acres may be retened to as .sDD No.
4.
B. The district shall consisl ot tour separate development areas, Els identitied in this
ordinancF consisting of the folloirring approximate sizes:
2
l
-.1
t
Area KnOwn As Development Area Acreaqe
Cascade Village
ColGlream Condominiums B
Glen Lyon Duplex Lols
Glen Lyon Commercial Site D
Oedlcated Open Space
Roads
TOTAL
18,46.040 Development Plan-Required-Approval Procedure
A. Each developmenl area with lhe exception ol Oevelopmenl Areas A and D shalt
be suhj€cl to a single development plan. Developmenl Area A shall be allowed to have
tyvo development plans for the Cascade Club slte as approvBd by the Town Council.
The Walerford and Comerqtone sltes shall be allolred one development plan each.
DeveloFmenl Area D shall be allo^r€d to develop per lhe approved phasing ptans as
appmved by the Town Council. The developer shall have lhe right lo proceed with the
development plans or scenados as defined in Section 18.46.103, 1-4.
B, Amendmenls to SDD No. 4 shall comply with the procedures ouuined in Sectlon
1S.40.
C. Each phase ol development shall require, prior lo issuance of building permils,
approval of tfie D€sign Review Board in accordance with applicable provisions ol Chapter
18.52.
18,46,050 Permill€dUses
A. Area A. Cascade Villaoe
I . First floor commercial uses shall be limited to uses listed in 18.?4.030 A-C.b
The 'first floor' or'slreet level" shall be detined as that floor ot the building that is located
at grade or street level;
2. All other floor levels beqides first tloor street leval may include ctail,
lheater. restaurant, and ottice excepl thal no protessional or business of0ce shall be
located on streel level or lirst lloor (as defined in Sectlon 18.24.030 A of the Town of Vail
. zoning cods in Area A) unless it is clearly accessory to a lodge or educalional institution
,exc€pt tor an oftice.gpace having a maximum square footage of 925 square feet locatsd
on ths tirst lloor on the northwest corner of ftt phra Conferenoe Center buitding;
3. Lodge;
4. Multi.lamilydwelling;
5. Single Family dwelling;
17.955
4.000
29.100 - 1.800
40.400
4,700
97.955
o
6. Two-Familydw€lling;
7, Translent residential dvetling unit;
8. Emptoyse dwel[ng as delinad in Section 19.45.22 0;
9. Cascade Club addition ot a lap pool or gymnasium.
- B. Area B. Coldstream Condominiums
l. Two-familydwelling;
2. Multi-family dwelling.
C. Area C. Glen Lvon Duolex Lots
1. Single lamily rh^retling;
2. Two-lamitydwelling.
D, Area D. 6len Lvon Commerciat Site
1. Retait;
2. Restiaurant and bar;
3. Business and protessional offices;
4. Mutti-lamily dwslling;
5. Emdoyee dwetting as delined in S€ction 19.46.Ae0,
18.46,060 ConditionallJses
Condilional uses shall be reviewed per the procedures as outlined in Chapler 18.60 of thd
Town of Vail aoning code.
A. Area A. Cascade Vittaqe
shall nol be less than five w6eks.
3. Spegial attraction;
4. Ski lifts;
1. Cascade Club addition ot a wellness center not lo exceed 4.500 square
faAt
2. Fractional tee ownership as delined in the Town ol Vait Municipal Code,
Eecti0n18.o4.135sha||beacondi|iona|usefordwe|lingUnitsin|hewes|hayen
multi-tamily d\wellings, Fractional fee ownership shall not be applied to rest ict6d
cmployee dwelting unils or transient residential dwe[ing units. olnership intervals
5. Public park and recrealional tacilities;
6. Major arcades wilh no lrontage on any public way, street. walltway or mall i ,I
area. : I
i
i
_l 4t .l
B. Area B. Coldstream Condominiums
1. Public park and recreational facitities:
2. Ski tifts.
C. Ar€a C. Gten Lyon Ouolex Lots
Public park and recreational facitities;
2, Ski lifts.
D. Ar,ea D. Glen Lyon Commercial. Sile
l. Micro-brewery as defined in Town of Vail Municipal code. Section
18.04.?53.
18.46.070 AccessorvUses
A. Aroa A. CescadB Vi[ao€
1. Minor arcade.
2- Home ocflrpalions, subject lo issuance of a home ocorpation permit in
accordance wifi the provistons ot Sedions 19.59.130 through 19.58.190.
3. Atlached garages or carporls, private greenhouses, swlmming pools, tennis
courts, Patios, or other recreational tacilities customarily incidental to permitted
residenlial uses.
4' Oth6r uses cuslomarily incidentat and accessory to permatted or conditional
uses, and necessary tor lhe operation th6reot.
5. Swimming pools, tennis courts, patios or olher recreational facilities
crstomarily incidental to permitted or conditional uses. and ngcessary to the b
operation thereof.
1. Area B, Coldslream Condominiums
1. Home occupalions, subiect to issuance ol a home @cupalion permil in
accordanc€ with lhe provisions ot Sections 1g.Sg.1g0 through .1g.5g.190.
2. AttachBd garages or carports. private greenhousss, swimmlng poOls, tennis
. oourls, patios, or olher recreational facitities customarily incidental lo permitted
. residential uses.
3. Oth8r uses qrstomarily incidental and accessory to permitted or conctitional
uses, and necessary for the operation thereof.
4. swimming poors, tennis courh, patios or orher recrearionar racilities
customarily incuental to permitted or conditional uses, and necessary to the
c.
operation thereoJ.
Area C, Glen Lvon Duplex Lots
l. Home occupations, subiect lo issuance ot a home occupa$on permit in
ac@rdance with the provisions ol Sections lg.Sg.l30 through tg.58..t90.
2. Attached garages or carporls, pfivate greenhouses, swimming pools, tennis
courts, palios, or other recree$onal tacililies customarily incidental to permltted
residential uses.
3. Olhgr uses customarily incidental and accessory lo permitted or conditional
uses, and n€cessary for the operation lhereof.
Area D. Glen Lvon Commercial Site
1. Home occupalions, subiect to issuance ot a home occupation permit in
accordance with lhe povisions of Seclions 18.S8.i30 through ig.Sg.l90.
2. Altachedgarages or carports, private greenhouses, swimming pools.lennis
courts, patios, or other recreational lacililies customarily incidentat lo permitted
residential uses,
3. Other uses customarily incidenlal and accessory to permi sd or condiuonal
uses, and necessary tor lhe operation thereof.
. 4. Minor arcade.
18,46.080 Location ol Business Activitv
A. All oflices, businesses, and services permited by Sections 1g,46.050 through
t 8.46.070 shall bB operaled and conducled enlirely within a building, except tor permitted ir '.
unenclosed parking or loading ar€as, and the outd;or disptay ot goods,
B. The area to be used lor ouldoor display musl be locatod directly in tront of lhe
establishment displaying the goods and entirely upon the €slablishment'$ own property.
sideuralks, building entrances and exits, driveways and slreets shall not be obstructed by
oudoor display.
,The number of clwelling uilts shall not exceed the lollowing:
A. Area A, Cascade Villaoe
ln Area A, s mlnimum of three hundred flfty-MoryDcommodatlon or
trrnslenl dwelilng unlts and I maxtmum ot rlpwetilng unlls 88 deflned by
D.
.l
l
the tables ln Sectlon 18.46.i03 for a total denslty ot two hundred seventjf
o
dwelling unlts.
g. Area B, Coldslream Condominiums
Sixty.five (65) dwefling units
C. Area C. Glen Lvon Duplex Lots
Ons-hundred four (104) dwe[ing units.
D. Area D. Glen Lvon Commerdat Site
4' Three dwelling unirs, two or which shall be employee dwelling units as detined by
the table in section 't8.46.103F.
A. Arsa A. Cascade villaoe
Th6 gro$ residenliar floor area (GRFA) ror a[ buirdings shart not exceed 288,695
squar€ fBel.
B. Area 8. Cotdsheam Condominiums
Sixty-live thousand square feet (65,000 sJ,) GRFA,
C. Area C. Glen Lyon Duolex Lots
GRFA shall be calculated for each lot p€r section lg.ig.o8o density control A and
B tor the Primarylsecondary ctistrict of lhe Town ot Vail municipal code.
D. Area D. Glen Lyon Commerciat Site
The gross resic,enual floor area lor the h,vo employee dwelllng units shalt be 79S
'squarg fBel and g00 square feet respectively. The gross residentiat ltoor area for lhe free
market dwelling unit shall be 1.630 square leet..b
I 8.46,102 Commercial Sauare Footaoe
A. Area A, Cascade Vilao€
Area A shall not exceed 3li,69g square feet ot commercial area. commerciar uses
inch.*de retail, oflice, theater. reslaurdnt, usBs listed in section 1g.46.0s0 A-1. and the
cpecial atlraclion use.
. B. Area D, Glen Lvon Commerciat Site
, Arca D shall.not exceed 16.Z90 square f€et ot otfice tor phase l, tA & ll or tS,Sg4
square feet of ottice lor Phase ltt per the approved ctevelopment plarB. ThE
micro-hrewery and associaled uses shall be construcled per the approved development
plan.
18.46.103 -Develooment Statistics lorArea A. Cascade Villaqe, and Area D, Glen Lvon
Commercial Sitc
..... f.!' &c !sld.. !a cd.ul,rti'|t OIU3A fr. otG (jdt ifit|rEt (ttilli&. lV), m rrdi|' rh|lt t . lirtn .reF fc 3U0 ..] tL t|, b. dbr.d ,o. c*l !.dors, pti.t
aq, la' t*ior ta,r(2l0GJG)0.
4tbr.t'..l5r}.xlttq''.]latla.ta|!t.tl}[.!olr.E{?tEE!F.lht.r$tir.rH(Lb.tqrcrh..tir.|trc.tarc.itt.a.[.|
.fli.t F.rhc ,.4d.E r.r -.tdrI ftir lFF.r H!h.i das:U.ll!.g|rdcd t€!d.r.
Parking tor Completed Projects
per Chart I in Cascade Parking
Struc{ure
ea-xing Spaces
4?6.7
Ptoposed Projects w/ req. pailng
in the Cascade Parking Struc":
$cenado 1 - Wellness Center
OR
Scenado 2 - Gymnasium
Plaza O{fice
22.5
0.0
o.7 sbioFfl --4ilt:g
.ess 17.5% Mixed-Use Credit -74'l FEI-H-e4Fffi Insiei-Bmia:Oilf -
ol Area A In Cascade Struc.371.2
xist. Parking in Cascade Struclure 421-0
Required Pafting in Cascade Struc
at Build-Out of Area A
_Wilh 17.5% mixed-use credit 971.2
. ..-.=+!L O rp .,^-crf , ?:' O
briglnal Parccl tU.:.0 2s2.OO . . 2s6t 437
inobblns larceI 1 .23
cossslff,Parcel ..
ffi
or-flce BIdg.
PIWJ .
en I,yon
31dq.
- Oj.f,l.ce
FnrLtEltr
l{icro-Sronery
-Office
-Reeeptlon/
Huseum
-ne laIl
-Fernentatlon/
Stpxhous e
-Beer llall
-3rew lub
400 1.6
1P.68
1t.Jg
208.40
,r00 1.6
2,400 9. 6
3r?00 15.1
400 0.0 1?5 .5
9? 0 0.0
t r?00 18.8*
{150 Goat,s )1,380 10.0*(80 caat6 )
18,152 ...
15, 932
291r 121
PII^SE T,Ia,II nND III
DEVELOPMENT
10r 150 40.6
. {00 1.6
DF\rDLOpttEr{T FOq ;\RE;\ D, GLEN Lyotq cor.tl4E;cl'\I, SITE
SDD 14, AREA .D p_qvELOPMtNr bQunnu iFoorace ru{D p,|lU(]'NG pER rowN br..ia!-i nEeulREr_lElilTs FEBRU'\RY 26, 1b9O
_119t9-1S llttlsE r,ra & rr DEVALQPMENT DEVET,OPi.,ENT
.:s.lt./Par!..lng .sg.Tr.. .../ farhtng . sq.Fr.../ 1,artins
Glcrr Lyon :Cgflcc-Bldg :
I (E.Ylsttng) 10,150 .{0.6 10,.150 ,t0.6:
@.JA Glen Lyon
0
0
0
0
0
0
21400. 9.6
.
.2, 63{ 10.5
480 0.0 885 3.0
1r406.' 0.0 1r?00. 18.8r (150 Eeats)11380 10.0*' (80"acaLs)
SUDTOTJU, 10,550
r.AsE lrr
Etrst Bulldlng
-2 Eopioyce unlts 0 -1 D$eUlng UnIL 0 ' -olllcc 0.
42.2 21r435 96.3
SUDrOtAtr - 0 .0
TOT'IT COT.I}TERCIT\I/
'llID
RESTDENII,II,soll^Re ?Q0?IGE JUqD g-r\.Rl(.Igc:
*USED
.21r,135 . 9,t.1
0
0 0.
0.0
0,0
0.0
2t,435 96.3
xtlGllEST prrnJ{INC REo. POSSIBIE. BJ\SED ON
I
I
I
:SEATING
:
10
18.46.104 oevetoomentplans
sit€ BpBctfic ctevelopment plans are approved for Area A and Area D. The dev€lopment
plans tor Ar€a A are comprised o, those plans submitted by vail ventures. Ltd. and other
d€veloper$ The development plans lor Area D are comprisect ot those plans submitted by the
Glen Lyon office Building, a colorado partnershijp. The foilowing documents comprise the
devekrprnsnt plan for the sDD as a whole, waterlord. comerslone. cascade club Adc,ition
Scenario 1 and 2, Mill.ace tv, and Area D-Glen Lyon Comrirercial Sile and is not all inclusive:
1. Wst€rlord, sheet flL-2, dated 11-12-92, Landscape pran, Dennis Anderson.
2- watertord, sheet #1.1, dated 11-13-92, srte/Grading pran Gwathmey, pratt,
Schultz.
3. Waterford, Sheet #2.1, dated 1 1-1342, plan Level 98/43' 3'i Gwathmey, pratt,
Schultz
4. Waterford, Sheet #2.2, dated 11-13-92, plan Level 4g'-6,/S3L0-, Gwathmey,
Pratt, Schultz.
5. Waterford, Sheet #2-9, dated 11-13-92 ptan Level 59L0:/64.-3.. by cwathmey,
Pratt, Schultz
6. Waterford, Sheet #2.4, dated 1.1-4-92, plan Level 69'.6.f14'-g.., cwathmey,
Pratt, Schultz.
7. Watertord, sheet #2.5, dated 11-13-92, plan Level 80'-0"/g5.-3. Glyathmey,
Pratt, Schultz,
8. Walerfrrd, Sheet #2.6, dated 1t-1g-92, plan Level 90'-6,, Gwathmey, Fratt,'c
SchultL
g. watertof4 sheet #2.7, dated 1t-13€2, plan Lever ro1'.0,.Gwathmey, pratt,
Sohu!tr.
10, Waterlord, Sheet #29, dated 11-19-92, plan Level 11iL6., Gwathmey, pratt,
Schulte
, 11. Wgterford, SlEet #ag, dated I 1-.13-92, plan L€vet 122-0" Gwathmey, pratt,
Schuttr-
12. Waterford, sheet#z10, dated 12-1+92, Root pran A[ Levets Gwathmelrr pratt,
Schultz.
13. waterford, sheet #,.1, dated 11-i&9a, Erevafions Gwathmey, pratt, schurta
lrt. wstertord' sheet #3.a dated 11-13-92, Eleva onsr Gwalhmey, prau, schullz.
t'l
15. watertord' sheet #4.1, dated 11-4-92, secuons Gwathmey, prat|, schurtz.
16- Watertord, sheat #12, dated 11-4-92, secfions, cwathmey, pratt, schuttz.
17. Walerford, Sheet #4.9, dated 11-4-gZ, Sections, Gwathmey, pratt, Schultz.
18. Waterford, Sheet #9.1, dated 10-20-92, unlt ptans c,,".rnmey, pratt, schultT-
19- Waterford' sheet r!9.2, dared 10-20-92, unrt plans, Gwattrmey, prart, schulte
20. waterford' sheet #I1.3, dated 10-20-92, unrt prans Gwathmey, pratt, schurtz-
21. Walerford, she6t #9.4, dated 10-20-92, unll plans, Gwathmey, pratt, schuttz
2?- Waterford, Sheet Sg.S, dated 1&20-92, Unlt ptans Gwethmey, pratt, Schuttr.
a- cornerstone, sheer #L-i, dated 1r-13-92, Landscape pran Dennrs Anderson.
24" Cornerstone, Sheet #1, dated 12.21.92, Cascade Vlltage Master plan
Gwatl|mcy, Pratt, Schultz.
25. Comerstone, Sheet #2, dated 12-29-92, Ftoor plans Gwathmey, pratt, Schult&
26- cornerstone, sheet #9, dated 12-29-9a, Froor prans, Gwathmey, pratt, schurtz.
Schultr.
27. cornerstone, sheet #4, dated 12-21-92, Erevations Gwathmey, prau, schultz.
28- Comersrone' sheet #5, dated 11-13-92, site pran/Gradrng plan, Gwathmey,
Pratt, schultl
29..r Cascade Oub eoOition Site ptan, Roma, 10/10/88.
30. Cascade Club Floor ptan, Roma, j0/l0/Bg.
31- Miltrace rv, scenario r, a/ua cosgriff parcer, site pran, Amord Gwathmey pratt,
10€8/91.
b
32. Millrace tv, scenario l, a/tda cosgrill parcei Bevations Arnold Gwathmey pralt,
1ff2z91.
33. Millrace lv, scenario l, a/k/a cosgrill parcel, Floor plans Arnold Gwathmey pralt,
1Ue3/91.
a, Millrace rv, scena.io r, a/rda cosgrrtf parcer, Landscape pran, Dennis Anjerson
. Associates.
€5, Cosgrilf Pareel, Survey, Alpine Engineering, Inc., 10131/gl stamped.
36- Survey, a part of Cascade M[age, Eagte Vall6y Engineering, Leland Lechner,
8tst87.
37. Site Coverage Analysis, Eagte Valtey Engineering, iCylO/Bg.
cascade vlllage special Development District Amendment ancr Envifonmental
12
' A marimum of 1000 sq. ft. ot common area, rn addition to the approved ptana, may
bd added to the waterford prolect to allow for compllance wtth the unt{orm Buildlng
code' unlform Flre code and Amerlcan Dtsablllfies Act, The stafl shall revlew atl
Euch Addluons lo ensure that they are requlred by such codes.
Area D. Glen Lvon Commercial Site
1. Area D Master Site Ptan, Geodesign by Sherry Dorward. 2lZAgO.
2. Landscape Plan tor Area D, Geodesign by Sherry Dorward. Zl1af/l-
3. Area D elevatiqns. Geodesign by Sheny Dorward, 2/glg0.
4. Vail Micro-brewery. Seracuse, laurler, and partners, Denver, CO.. sheels AA.1,
42.2, A2.3, A3.1, A3.2. A4.1,. A4.2, dated 1/880 and sheet A2.4 dated 12n3ng.
5. Vait Erewery Boof Study, Frank Freyer, 1E/90.
6. Glen Lyon Parking Garage Floor ptans and Site plan. Roma, llfZgtsg.
7. Glen Lyon Parking Garage Sections/Elevations. Roma, 1112g/gg.
L Glen Lyon Gondominium, Boma, j t/29/Bg.
9. Glen Lyon Condominium East Building, Ftoma, I 1/28/98.
'lo. Deck Enclosure (Phase rA) to Glen Lyon office Buirding. pierce, segerborg and
Spaeh. dated 9120/90.
1.|. Landsc€pe Plan, Phase rA Deck Encrosure, pierce. segerberg and spaeh, dated
8/19/91.
12. ottice Addttion to Glen Lyon otfice Buitding, Butf ArnorcvNed cwathmey Architecb
August 25. 1989 theets A1 through .A4.
13. cascade viuage special Deveropment Districl Amendrnenl and Environmenral
f mpact Report; Peter Jamar Associales, Inc., Flevised 11tzz.lgg. Lelter trom peler Jamar
AssociatBs, Inc., dated January i6, 1990.
14. Deceleration lane design for south Fronlage Fload, F[BD, october 1g, 19g8 as .
apFroved by Co. Div. of Hgwys.
.'t5. A resuMivision 01 Lot 54 amended plat Gten Lyon sub-division, Eagte valley
.Surveying lnc. as approved by T.O.V.
16- vail Brewery Parking Anarysis, TDA cotoedo. lnc., August 10, lgBB and van
Brewery Parking Anatysis Update, TDA Colorado, tnc., January i6. 1990 pages l-g.
I
18.46.1 10 Dsvelooment Standards
The development standards set our in Seclions 1g.46,120 fhrough 1g.46,1g0 are approved
13
t
standards by lhe Town Council. These shall be incorporated into the approved development plan
pefiiftrnt to each devetopment area to protect the integriry ot lhe development of sDD No. 4.
They are minimum development standards and shall apply unless more restriclive standards are
incorForated In lhe approvBd dBvetopmenl plan whioh is adopted by ttre Town Council.
18.46.120 Setbacks
A. AE a ,q, Cascade Vi aoe
Required selbacks shall be as indicated in each dovelopment plan wilh a mlnimum
setback on the periphery of the property of not tess than twenty feet. with the exception
lhat the setback requirement.adiacenl to the existing Cascade parking structurey'athletic
dub building shall b€ two feet as approved on February B, 190a, by the pranning and
Environmenlal commission. Alt buildings shalt maintain a so loot stream seback kom
Gore Creek. The Waterlord building shall maintiain a mlnimum 20 loot selback trom the
north edge o[ lhe recrealional path along Gore Creek.
B. fuga B, Coldstream Condominiums
Required setbacks shall be as indicated on the development plan.
C.. Area C, Glen Lvon Duplex Lots
Flequired serbacks shart be govemed by section 18.13.060 setbacks of the
Primary/Secondary zone district of the Town ol Vail Municipal Code.
D- Area D. Glen Lvon Commerciat Site
Requked setbacks shall be as indicated on lhe approved developmenl plans,
18-46.140 Heioht
A. For lhe purposes ol SDD No. 4 catculatidns ot height, height shail m€an the
distanc€ measured verlically from lhe existing grade or linished grade (whichever is more
. restricuve). at any given point to the top ol a flat roof, or mansard root, or to the highest
fidge lin6 of a sloping roof unless olherwise specilied in approved development plan
dra,vings.
. 8. Area A. Cascacle Villaoe
. 1. The maximum height for the Westin Hotel, CMC learning Center, T.naee
wing' Plaza conrerence Buirding and cascade pafting structure/Athreric
Club is 71 feet.
2. Cornerstone Bulldlng: Maxlmum helght of n teet.
S. Waterford Bulldlng: Maxlmum helght of feet as measured trom
I
-'l
14
flnl$hed grade to any portion 0f the root along the north etevation shall be
55' (South Frontage Road), 56'along the west elevation Westhaven Drlve,
and 55 feet along the south and east elevation a$ measured from nlshe{t
grade.
4. l4/esthaven Building: A maximum of 55 feet.
5. Millrace lll: A maximum ot 4g leet.
6. Millrace lV: A maximum of 36 feet.
7. Cascade Ctub Addition: A maximum ot A0 leet.
8. Cascade Entry Tonrrer: A maximum of 36 teet.
9. The remainder o, buildings in Area A shall have a maximum helght of 4g
leot.
c. Area B. Coldstream condominiums
The marimum height shal b€ 4g feet.
D. Area C. Glen Lvon Duplex Lots
The maximum heighr shalr be gg leet lor a sroping roof and 30 leet for a flat or
mansard mol.
E, Area D. Glen Lvon Commerciat Site
5l% ol the roof sharl have a height betureen 32 and 40 feet.49% of the rool area
shall have a height under 32 feet. on the perimeter ot lhe buildings for ArEa D, herght is
measured lrom tinished grade up to any point ot lhe rool. on the interior area of any
building, heigit is measured from existing grade up to the highesi point ol the roof.
Oevelopment plan drawings shalt constilute the height a owances for Area D.
18.46.160 SiteCoveraoe
In Areas A and 8, no more than 3s% of the total site area shall be covered by buildings,
prwided, it any portion ot the area is developed as an institutional or educational center, 45clo ol
the area may b6 covered unless otherwlse indlcated on lhe slte speclllc development plans.
ln &oa c, no more than 25% ol the totalsite area shall be covered by buildings, unless the more
restricfiva standads of chapter lg.6g ot the vait Municipal c ode apply. In Area o, no more lhan
377o of lhe total sile area shafl be covered by buitdings and the parking structure.
18.46..|70 Landscapino
At least the tollowing percentageE of lhe tolat development area shall be landscaped as
pror,,ided in the developmenl plan. This shall include retenfon of naturat tandscape, it approprial6.
15
Areas A arlrl B, tifty percenl, and in Areas C and D, sixty percenl, of the area shall be landscaped
unle's otheiwlse Indlcated on the sile speclflc development plans,
18.46.180 Parkino and Loadino
A. Area A. Cascadc Villaoe
1. Otf-street parking shatl be provided in accordance with Chapter 1g.52.
except thal75% ot the required parking in Area A shall be located within a parking
sfucture or buildings with the exception ot Millrace lV, Scenario l, where 66.696
ot required parking shall be enclosed in a building. lt the development tabt€ in
Seciion 18.46.109 is amended, the parking requiremenls shatl be amendBd
accordingly.
2. There shall be a total of 421 spaces in the main Cascade Club parking
strueture. A 17.5 percent mixed-use credit per lhe Town ol Vait pa.king eode,
Seclion 18.52.20 has b€en applied to the lotal number of requirect parking spaces
in the Cascade slructure.
3. There shalt be a total of 58 on-slte parkhg spaces on the Waterford
bulldlng slte wlth a mtntmum ot 75o/, ol the requtred space located betow
grade. No mlxed use credlt shall be applled to thls slte.
4. There shall be a mlnlmum of 93 enctosed parklng spaces located
wlthln the Cornerstone bulldlng with 37 of the requlred spaces avallable to
the public for short-term parklng, No mlxed use credlt has been applled lo
thls lol,
5, The lhird tloor of th€ Cascade parklng structure shall not be used to meet
any parking requirements lor accommodalion units, ransient residential dlvelling
unils, employee dwelling unils or dwelling units.
6, Phasing: All required parking for Cornerslone and Waterford shall be
located on their respectlye sltes. All reguired parking lor lhe Cascade Club
. We$ness Center Addition Scenario 1 shail be provided in the Cascade parking
. struclure.
7. Sevenly-live percent ol the reoulred oarkino shAll be tar.rred within lhe
main building or buildings and hidclen from public view from adioining properties
, wilhin a landscaped berm for Westhaven Condominiums, and Millrace llt.
8. All loading and delivery shall be located within buildings or as approvsd in
16
the developmenl plan.
8. Area B. Coldstream Coqdominiums
Fitty percent of the required parking shal be located wirhin the main buirding or
bulldings and hictden trom pubricview trom adloining properties wittrin a randscapcd berm.
C. Area C. Glen Lvon Duolex Lots
Olf.stre€t parking shatt be provided in accordance wilh Chapter 1g.S2.
D. Area D. Glen Lvon Commercial Site
1. phase r, rA and il shal incrude 80 sur,ace parking spaces prus 6 varel
parking spaces on the east end of the surtace parking lot. phase lA shall include
2 additional required parking spaces for a totat of 43 requked parking spaces.
2- phase [t shal incrude a minimum of 10g parking spaces. A minimum of
109 spaees shalt be rocatect in the parking structure. Arr requhed parking ror the
east buirding shal be provided on-site per Town of vair parkinE requirements per
$ection 18-s2.r00 tor residenriar and ottice use. A minimum or ereven spaces
sharl be rocared in the garage ot rhe east buirding and a maximum or 5 surface
spaces shall be located adiacent to lhe east building.
3. Area D deveropment shafl me€t thepperationar requirements ou ined in rhe
TDA Cororado Inc. Reporr, Secrion parking Anarysis considerations, January 16,
1990. Parking Analysis Considerations pages .t-8.
4. Varet parking shal be prohibited on rhe west end of the surlace parking rol
5.
"The
Brew pub shall nol be open to the pubtic unlil aftBr 4:30 p.m. for
Phase r and I Monday through Friday. when phase flr deveropment ocsrrs
Incruding the parking structure, fie brew pub may operate during the w€ekdays
once lhe parking struclure is available for public use,
6. The Beer Hail shat not op€rare or be used by the pubric betore 4:g0 p.m.
on weekdays, Monday through Friday at anylime.
' 7 ' Once rhe parking srructure is construcred. the parkir€ and access to Area
' D shail be managed per the TDA parking Report, parking Management section,
pages 6 and 7, August 10, l9gg, and TDA Report, Vait Brewgry parking Anatysis
Update, dated January 16, 1990, both wrirten by Mr. David Leahy.
8. No loading or detivery ot goods shau be allowed on the Flblic dght_of_way
along the South Frontage Road adiacent to lhe Area D devetopment.
17
9. The owner of the property and brewery management shafl prohibit
Bemi-truck and traiter truck kaflic to lhe Glen Lyon Commerciat site. The only
rruck roading that shall be altowed to the site shall be vans having a maximum
length ol p2 leet.
1 8.46.190 Recreation Amenities Tax Assessed
The recreational anenities tax due tor the development wilhin SDD No. 4 under Chapter
3-20 shall be assessed al a rate not to exceed lwenty-five cents per square toot of the lloor area
in oeveloFment Area A; and at a rate not to exceed fitty cents per square foot of GRFA in
Development Area 8; and at a rale not to exceed fitteen cenls per square loot of GRFA in
Development Area C; and at a rate npt to exceed sevenly-live cenls per square loot ol floor area
in DevElopment Area Dl and shalt be paid in coniunction with each conslruction phase prior lo
th€ issuance ol building permits.
18.46.200 ConservationandpollutionControls
A- Th€ developet's drainage plan shall include a provision lor prevenlion of pollution
from surfaco runolf.
B, The dewtoper shall include in the buitding conslruction, energy and walsr
conseNalaon controls as general technology exists at the time of conslruction.
c' The number ot lireptaces. permitted shail be as set torth in section g.zg of ths
Town ol Vail Municipal as amended.
D. lf fireplaces are provided within the devetopm€nt, they must be heat efficient
' through the usq ol glass enclosures and heat circulating devices as technology exists at
the time of development.
E. All watet features within Developmenl Area A shall have over{lorv storm drains p€r
lh6 recommendalion ol the Envlronmenlal lmpact Rqiort by Jamar Associates on page
34.
F. All parklng structuris thatl have pollulion control devices to prevent oil and dirt
- from draining into Gore Creek.
G. ln Area D,.a manhole on rhe br€wery s.rvice fine shafl be prodded so that $o
Upper Eagle Valley Consolidaled Sanitalion District mav monttor RoD .lrength.
H. In Area D, the brewery management shall not operate fte hewery process during
tomperature inversions. lt shall be the brewery owner's responsibility to monitor
inversions.
18
l. Alt lrash compactors and trash storage areas shall be complelely enctosed within
Sp€cial Developrnent Districl 4.
J. Frotective measufes shall be used during consuuction to prevent soil erosion inlo
Gore Creelq particularly when construclion occurs in Areas e anO O,
K, The two employee dwelling units in Area D shal onty be allowed lo have gas
fireplaces thal m€6t the Town ol Vail ordinances goveming fireplaces.
'|8.45,210 Addilional Amenities and Aooroval Aoreemenls for Soecial Devetooment
Diskict No. 4.
A. The developer shall provid€ or work with the Town to provide adequate pdvate
bansporlauon services to the owners and guests so as lo transport them from the
developmenl to the viuage core area and Lionshead area as oullined in the approved
development plan.
B. Developer shall provicte in ils approved devetopmenl plan3 bus shelterota design
and localion mulually agreeable to devetoper and rown council, said shelter to serve lhe
afea generally.
C. Area A, dascade Village
1. The developer shall be responsibte tor providing a break-away bollard tor
the emergency access road between Eagle pointe/park Meadows, 14ZZ
Malterhom Circle, and Westhaven Drive. The design ol the bo ard sha he
mutually acceplable to the devetoper and Town ot Vail- This impovement shall
be conslructed when a building permit is requested for the Cornerslone. Millrace b
tll, Millrace lV, Westhaven Condominiums, Watertord buitdings, or Cascade Club
addition. The bollard shall be Included in lhe permit plans. The bo ard shall be
constructed subsequent lo lhe issuance ol a building psrmit and prior to ths
issuadce ol a temporary certiticale ol occupancy tor the comerslone, Miflrace lll,.
Mi[race lV, We$haven Condominiums, Waterford buildings, or Gascade Club
addition.
Z The developer shall construci a sidewalk that begins at the entranoe lo the
Cascede Club along Westhaven Drive and extends lo lhe west in fronl ot the
Weslhaven hJilding to conn€cl with the recreational palh to Donovan park The
walk shall be constructed when a building permit is requested for Weslhaven
Condoniniums. The sidewalk shall be part of the buitding permit plans. The
19
o
sidewalk sha be conslructed subsequenl to tho issuance of a building permit and
prior to lhe issuance ol a temporary certificate of occupancy tor westhaven
Condominiums.
3. The devetoper shafl provide loo-year fioodprain information tor the area
adjacent to lhe watefford and cornerslone buildings to lhe Town of vail
community Devslopment Departrnenr beror€ buirding permits are releasect tor
elther proiect.
4- The conditions for Area A in Sections 18.46.020 B, 1S.46.180 A. 1-2.
10.46.200 A - F, t, J, i9.46.210 C, t-3, anct 19.46_220 shail be set torth in
resldctive covenants subiecl to the approval ot lhe Town Attomey and once so
approvsd shall be recorded on he land records of Eagte counly. The developer
shatl be responsible lor submitting the writt€n conctitions to rhe Tovrn Atrorney lor
approval berore a building permit is requested lor the comerslone, or Millrace ,
or Millrace lV, Westhaven Condominiums, or Watertord buildingg, or Cascade
Club Adcfition.
5. MillracE lV, Scenario l.
a, The developer shalt obtain an easement trom lhe owners ef the
property adjacenl to the easlern boundary ot lhe properly commonly called
the Cosgrifl Parcel, which is more specilica y delined in Exhibit A, attached
l0 lhis ordinance and incorporated herein by reterence. The easemenb
.-shall b€ sufficient to permit lhe conslruction. maintenance and replacement
ol retaining walls Ior the purposes of grading and boutde, retention all
along the western property tine of said adjacent properly. The Easement
shall be in a lorm acceptable to the Town Attorney, shall run with lhe land,
and shall be recorded on the land records ol Eagle County prior to Design
Beview Board review.
b; The dweloper shall provide lhe Community Development
Depadm€nt ot lhe Town wilh written consent trom the Upper Eagle, Va[6y
water and sanitation District permitting the encroachment ot certain d6cks
specified in lhe deveropment pran lor rhe Millrace lV condominiums. as set
torth in section 18.46.140(19) ot rhis ordinance into their sewer easernent
recorded in Book217, page 428 of the land records ol Eagte Coung" This
2A
consenl shall be submitled prior lo Design Fleview Board review.
c. The developer shall receive tinal approval of the site grading ptan
for the construction of Millrace tV, Scenario l, from lhe Town Engineer prior
to Design Review Board review.
d. The Millrace Condominium Map, recorded at Book 9A6. page ZS7,
ot the land records ot Eagte County shall be amended so that lhe access
easement shown thereon shall align with lhe present localion Of the
roadway on lhe western properfy line of the Cosgriff parcet, and the
amendment shall be recorded on the land recorcls of Eagle,County.
e. The developer shall instalt l5 (6'- | 0') evergreens south of the South
Frontage Hoad adiacent to the Cascade Ctub buitding, and 5 (6,-iO)
evergreens lo the south of the Westhaven Apartment fourdations and nodh
of weslhaven Drive. The der)eloper shall obtain the wrilten approval ol the
Colofado Department of Highways (CDOH) permilting the instailation ot
these lrees along the South Frontage Road prior to said installation. lf
CDOH approval cannot be obtained, then a minimum ol 10 (6.-10.)
evergreens shall be installed adjacent to the Westhaven Apartments.
f. The developer shall apply for and complete the minor subdivision
process lor the Cosgriff Parcel and a subdivision ptat signed by lhe Town
ol Vail shall be recorded on the land records of Eagle County prior to the
inrelease ot any building permits for the construction ol any struclure on the
Cosgrilf Parcel.
S. Landscaping atong the south and west propefiy llnes ot the Cosgritf
Parcel shall be review€d by the Design Feview Board to insure a suitiable
bufter arila between it and the other properties along said property lines.
h. The Design Reviow Board shall review lhe archileclure and
landscape plan further for compatibllity with the sunounding area.
i. The developer and the adjacent property olvners shall submit a
landscape plan for lhe area norlh of the Cosqritt groeerty to th6 D8sbn
Review Board for review.
j. For purposes ol calcutating Gross Residential Ftoor Area permined
on lhs Cosgriff Parcel. no credits of any kind (overtapping stairs,
21
o
mechanical.
6.
etc.), except tof gO0 sq. lt. to be allowed tot each enclosed
parking space, shall be given.
CornErstone
a, Belore the bulldlng permlt ls released for the prolectr the dEveloper
thall permanontly festrlct three emptoyee housing unlts ln accordance wlth
Sectlon 18.46,220 ol thls ordlnance.
b. 1. Prior to the tlme any bultdlng permit is tssuect for elther lhe
Comerslone or Watertord projects and no taler than December 31, 1gg3, the
developer shall pay to the Town by cash or cashler's check the sum ot
t87"500 lo be used by the Town for the repalr and reconstructton ol
Westhaven Drlve as set lorth ln more detall ln paragraph 5.
2. Before any Temporary Certilicate ot Occupancy ls tssued lor
the bulldlng, the Town, at no expense or cost lo lhe Town, wlll obtaln tle to
w€sthaven Drive. After the transfer of lltte ol westhaven Drlve to lhe Town,
lhe deyeloper shalt provlde, at lts cast a tille Insurance pollcy In the amount
of $50,000 Insurlng that the Town has tee tlue ol Westhaven Drlve. lf lhe
owner of Westhaven Drive ls unwllllng to voluntarily transter tltle ot
Weslhaven Drlve to the Town, the Town ot Vall shatl lnstltute an ec on In
condemn€tlon lo obtaln title io Westhaven Drive. Should guch an ac on be
required, the developer sha[ pay a costs thereof, Includlng a ofiieys tees,
courlcoslsl appraisal leeq any escrows requlred prlor to takhg lmmedlate
Fos8ession ot the property and any award whlch may flnally be awarded by
the Court or by the Committee. The setec on of legat counsel and
appraisers lo represenl the Townr should condemnalion be necegsary, shall
be selecled by the developer with the approvat of the Town. Consent shalt
not unreasonably withheld.
3. The Town shall commence lhe repalr and reconstruc0on ol
westhaven. Drlve and lts ongolng malntenance, subsequent to the recetpt of
the $9?,500 provlded for in Sec$on 6.b.1. ot thls tttte and the satielactory
conveyance of tltle to Westhaven Drlve to the Town. The date lor the
commence ent ot the repair and reconstrucllon and lor lts compleuon shall
be enllrely at the dlscretlon ot the Town.
22
O
4- Should the Town not require lhe enlire amount ot the 997,500
pald by lhe developer lo the Town for the repair and the reconstructlon of
Weslhaven Drlve, the Town $rlll forward any amount remaining alter all
conslrucllon and related costs have been paid In full to the developer who
Bhall refund such amount prorata to the partles originalty contrlbu ng the
$97,500.
c. The landscape plan set forth In the devetopment ptan tor Cornerstone
belween the Terrace Wlng anct Cornerstone bulldinE shs be revlsed prlor
to the review ot the project by the DRB in the following ways:
l. For emergency services, an access laneshall be provlded from
the western eourlyard to the skl llft.
2. lf deemed ne@s$ary by the developer and the Communlty
Devetopment Department staff, the water teature on the landscape plan may
be removed or revlsed. The landscaplng In thls area shall be part of the
Comerstone development, andr therelore, it is the Comerstone developer's
responslblllty to complete thls portlon ot the prolect prlor to the retease ot
a flnal Certitlcate of Occupancy for the project. These ptans sha be
Included ln the building permit lor the Cornerstone development.
d. Atter the Town of VaU has tltle lo Westhaven Drive, lt shalt convey ttile
to the developer for the area of Westhaven Orive under whlch parklng ls
tocate.d lor lhe Cornerstone prolecl. The amendect mlnor subdlvlslon plat
shall be submltled by the developer be{ore a buitding permlt ls released tor
the Cornerstone slle. The developer shall dedicate an access easement to
the Town over this portlon ot Westhaven Drive.
e. All llreplaceg shall be gas eppliances pursuant to Sectlon g.28 ot the
Vail Munlclpal Code.
t. Those spaces allocated to commerclal areas as shorl term publlc
parklnE ghsll be permanently restrlcted for the use ot $e Cornerstong
Froject. All requlred parklng assoclated wlth lhe uses shalt not be conveyed,
used or leased separalely from the uses. Publlc parklng on the Westhaven
Drlve level of the Cornerstone prolect shall be made avaltable to the pubnc
tor sho lerm.parklng-
23
7 . Walerford
a. The developer shall permanenuy restrlct the two emptoyee houslng
unrts provrded'rn the watertord oevelopment plan In accordance wlth
Sectlon 18.46.220 of thts ordtnance.
b. A mlnor subdlvislon ptat sha be compteted and recorded prlor to the
release of any bufidlng permlts for erther the cornerstone or watertord
developments.
c. 1. Prlor to the time any building permlt ls lssued for elther
Gornerslone or Waterford prolects and no later than Deeember 3i, 1999, the
developer shall pay.to the Town by cash or cashier's check the sum ot
$97"500 to be used by the Town tor the repalr end reconstrucllon ot
Weslhaven Drlve as set lorth In more detall ln paragraph 3.
2. Before any Temporary Certificate ot Occupancy ls lssued for
thc buildlng, the Torrvn, at no expense or cost to the Town, wln obtarn trtre to
westhavsn Drlve, Alter the lransfer of iltte ot westhaven Drlve to the Town,
the developer shall provlde, at lts cost a ttue Insurahce pollcy In the amounl
ot $50,000 Insurlng that the Town has.lee ue of Westhaven Drive. lf .the
. owner ol westhaven Drive is unwllling to voluntarily transler ti$e of
wasthaven Drrve to the Town, the Town of Va[ shan rns tute an actlon ln
condemnation to obtain title to westhaven Drlve. should such an action be
requir€d, the devetoper shall pay all costs thereof, includtng a orneys tees,
coun costs, appraisal tees, any escrows iequlred prtor lo taklng lmmedlate
possesslon ot the property and any award whlch may llnally be awarded by
ahe Court or by the Commlttee. The selecilon of legal counsel and
appraisers to represent the Town, thould condemnatlon be necessary, shall
be seleeted by the developer rylth the approval of the Town. consent shalt
not unreasonably wtthheld.
. 3. The Town shall commence the repalr and reconstrucuon of
westhaven Drlve and lts ongolr€ malnlenance, subseguent to the recelpt of
the 897'500 provtded tor rn condrilon'r 8nd the safisfactory conveyance ol
tltle to Westhaven Drive io the Town. The date for the commencement ot the
repdr 8nd rcconstructon 8nd for lts compleflon shalr be entlrely at the
24
dlscretlon ol lhe Town.
4. Should the Town not rcqulre the enflre amount 0f the gg7,5oo
pald by the developer to the Town lor the repalr and the rEconstructlon of
Westhaven Drivs, 16s Town wlll forward any amount rematnlng after all
construcllon and related costs have been pald In fu to the developer who
shall relund such amounl prorata to the partles orlglnally contrlbutlng the
$97Foo.
d. The rec|Estion path shau be retocated as set forth on the development
plan and shall be amended on lhe minor subdivlston ptat for the Walerford
and Cornerstone lots to correspond to lhe new toca on.
a The DRB wlll revlew the landscaping In lhe areas of the retatnlng walts
0n the west and east ends of the site. The DRB wllt revlew the north
elevatlons architeclurat detalts, The apptlcanl shall revlew lhe posslblllty ot
€llminattng the skler access on the east end of lhe proiecL However, ll the
sppllcanl can signiticanlly decrease lhe retalning wals necessary tD buttd
the aecess, the skler access may remaln.
f. All llreplaces shall be gas logs permitted pursuant to Sectlon g.2g ot
the Vsll Munlcipal Code.
Area D. Glen Lyon Commercial Site.
'1. The developer shalt agree lo construct a bus lane per Town of Vail
gtandards in lhe area ol the porte-cochere. ol the Micro-brewery in Area D. The
specific localion lor the bus lane shall be mutua y agreed to by the Area D owner
and/or developer, Colorado Division of Highways, and Town ol Vail. The bus lane
shall be constructed subsequent to the issuance ol a building permit and prior to
the issuance of a temporary certificate ol occupancy lor either the brewery
addition, oltice expansion excluding Phase lA, east oflice building, or parking
structure. The developer ancl/or owners ol area D shafi be regponsible tor
mainlaining. the new bus lane, including snow removal. I the 'lane is not
mainlained properly or snow removal is not adequate, the Town will not $ovide
bus seNice to the site.
2. The developer shall relocate the existing bike path on Area D and provid€
a new bike path easement across the Gten Lyon property and CDOH property per
25
Ov
the development plan lor Area D. The bike path shall be constructed per Town
ol vail standards. The bike path shall be constructed subsequent to rhe issuan@
of a building permit and prior to the issuance ot a temporary certi,icate of
occupancy for eiher rhe brewery addition, ottice expansion excluding phass lA,
east. oflice building. or parkir€ struclure. such temporary certilicate of
occupancies shatl be conditionat Upon construction of the bike path provicted for
hersin. The bike path easement shalr be repratted and approval obtained lrom the
Town councir prior to the issuance of a remporary certificare of occupancy lor
either the Brewery €ddition, oflice expansion excruding phaso lA, East otfice
bullding or parking struclure,
3.Thedevelopersha||undergroundthee|ectrica|uti|jtie$a|ongthenorthside
of the Glen Lyon property trom the norlhwest comer of the property to the
nodheast corner ol me property. This utility work shall be constructed subsequent
to the issuance ol a buitding permit and prior to the issuance ol a lemporary
E€rtificat€ o{ occupancy foreilher the Brewery addition, olfice expansion. excluding
Phase lA east ollice building or parking structure.
4. The developer shall be responsible tor retocating the 20 toot utilily
' easement on lhe western. portion of Devetoprnent Area D as welt as obtaining
approval lrom the Town of vail lor the relocated utility easement belore a building
pgrmit is released for the micro-brewery addition.
5. bThe developcr ol lho Glen Lyon Ollice property shall nol lile any
remonslrance or protest agsinst the lormalion ol a local improvement district of
other linancing mechanism approved by, the Vail Town Council which may be
Bstablished for the purpose of building road improvements tor the south Frontage
Foad.
6.Thedeve|opershat|providea|irehydrantperTownofVai|FkeDepartment
. requirements on the northwest portion ot the property. The specilic location lor the
. fire hydrant-gha$ be approved by lhe vait Flre Deparhent. The fire hydranl shall
b€ provided subsequent lo lhe issuance ol a building permit and prior lo lhe
issuance ot a temporary certiticate ol occupancy for the brewery addition, orfice
expansion €xduding phas6 tA, east ol,ice building. or parkjng st ucture.
7- . The oeveroper shafl construct a decereration tane arong south Fronrage
26
o
the CDOH Road per access permit. The devetoper shall submit plans lor lhe
south Frontage Road improvements to the Town ol Vair Engineer for review and
spproval before a building permit is released for either phas€ I excluding phase
lA. ll, or lll construclion.
8. The conctitions lor Area D in Sections 18.46.180 D, 18.46.A00 A, B, F - K,
18.45-210 D, 1-7, and 18:46.220 sha[ be set torth in restrictive covenants subject
lo the approval or the Town A omey and once so approved sha be recorded on
the lard records ot Eagre county. The deveroper shafi be responsible for
submitting the written conditions to th6 Town Attorney tor approval betore a
building permit shalt b€ issued tor lhe Micro-brewery, oltice expansion exduding
Phase lA, east otlics building, or parking structure.
9. The minor subdivision lor Area D shall be developed per the lollowing
conditions:
r e, Th€ devetopmenl of parcets A, B. C. and D, shafi be limited to the
SDD No. 4 development ptan and governed by the SDD No.4 ordinance
as approved by lhe Town of Vail and on lile with the Department of
Community Development or as amended and approved by the Community
. Development Dqpartment, planning and Environmental Commission, and/or
lhe Vail Town Council.
b. The minor subdivision ptat shall include a statement thal
. clevelopment ol the four parcels shall be governed by the approved SDD
4 developmenl plan lor area D and governing ordinances.
c, The Community Development Department and Town of Vail
Attorney shall have the right to review and requke changes in any
'Agreements ol Tenanls in Common., .Conveyance of Easement and parly
wall Agreements", and any other easemenl or ownership agreemenb
relaled to the development ot parcels A, B, C, and D to ensure that the
fourparcels are developed per lhe approved development flan in SDD No.
4 Ordinance.
d. The developer shall be responsibte lor reptalting the A0 foot utility
easement on the we$em portion of dev€lopment Area D as well as
obtaining approval trom the Town ot Vail for the new utility easemenl
27
betore the minor subdivision plat is recorded. Any modilications or
amendments to the minor subdivision conditions of approvat agreement.
shall be reviewed ag a maior amendment under the procedures oullined in
Section. 18.40 of lhe Town ot Vait Zoning Code.
e. The conditions lor the minor subdivision in Section 19.4G.210 (Dg)
A, B, C. and E, shall be set lorth in restrictive @venanls subject lo the
approvat ot the To{^rn Attomey and once so approved shall be recorded on
the land records of Eagle Counly. The developer shail be responsible lor
submitting the wri en conditions lo lhe Town Attomey before the minor
subdivision is Fcorded on he land records of Eagle County.
10, The entire Glen Lyon Oltice Building and Brewery Building shalt be
sprinldered and have a lire alarm detection system. Town of Vail Fire Department
approvat of the sprinkler and.fire alarm systems shall be required before a building
r permit js released for Phase lexcluding Phase lA or ll.
t:
1 l. The developer sha[ submit a sel ol amended plans to the Colorado
". Division of Highways for review and approval. The improvements on CDOH
property proposed by the developer must receive CDOH approval before phase
l; excluding lA, ll. and lll are presented to the Town of Vail Design Review Board
for linal approval.
12. The east building inctuding the two emptoyee dwelting units shall be
construcled when the parking struclure is built to ensure lhal th€ employee units
are built.
18.i{6,e20 EmploveeHousinq
The devetopment of SDD No. 4 witl have irnpacts on available employee housing within
the Upper Eagle Valley area. In order t0 help meet this additional employee housing need, th€
dev€l0per(s) of Areas A and D shall provide smployee housing on site. The developer(s) ot Area
A sha$ build a minimum of I employeo dwelling units wilhin Area A Weslhaven Condominium
buikrrto, 3 wlthln lhe cornerstone Bulldlng and 2 wlthln the waterford Bulldtng. Eactr
smPloyee dwelling unit in th€ Weslhaven Condominium Building shatl havs a minimum square
footqe of 648 squar€ leet. Each employee unlt ln the corneFtone Bulldlng shall have a
mlnhfium Equare toolaEe ot G00 sguare teel There shall be a total ol 2 emptoyee dwelllng
unlt6 In the waterford Building. one shall beamlnimumof 300 square feet and the othEr
a mltrlnrum gl 800 square feet. The developer of fuea D shall buitct 2 emptoyee dwetling units
In lhe tuea D east building per the approved plan for the East Buitding. tn.Area o one employee
dw€[kq unlt shall have a minlmum GRFA of 795 squaG leet and the s8cond emptoyee dwelling
unit shall have a minimurn GRFA of 900 square feet. The GRFA and number of emptoyee units
shall noibe countBd toward attowabtB density or GRFA lor sDD No. 4. ln Area A. the GFTFA and
numb€r ol employee dwelling units shall be restricted as employee dwelling units lor 20 years
pkre lhe lile of Titfany Chti$tine Lowenlhal from the date of linal certificale of occupancy lor said
unrts except those unlls In the cornerstone and watertord developments. The two employee
dw€tling unils in Area D shalt be restricled as rental emptoyee dwelling units permanenlty. In
Areas A & O the following testrictiom shall apply to all employee dwelling units except for those
unlts tn the watertord and cornerstone Bulldhgs. The emptoyee dwelling unil shall not be
leased or renled tor any period ol less than 30 consecutive days, and that if rented, it shall be
rented only to tenants wio are tull time employees in the upper Eagle va ey. The upper Eagle
valloy shsll be deemed to include the core valtey, Mintum. Red cliil, Gitman, Eagte-Vait. and
Avon and lhair sunounding areas. A lult tirne employee is a person who works an average of 30
houts per week. In Area A, il an employee drarelling unit is sold, it shall be sold only to a full time
srnFloyee in the uprter Eagle valley. The owner shall occupy the unit or lease/rent as per the
requlrements in lhis section. In Areas A & D lhe emptoyee dwelling unit shall not be dividsd into
any lorm of limeshare, interval ownership, or lraclional fee ownership. A declaration ol covenants
and restrictions shall be tiled on record in the oftice ol lhe Eagte Coung Cterk and Becorder in
a form approved by the Town Attorney tor the benetit ot the Town lo ensure thal the reslriclions
herein shall run with lhe land b€lore a build;ng permit is released lor the @nstruction ot lhe
employgs units in either Area A or Area D.
Eetore sny bulldlng permlts shall be reteased tor elther the cornerstone or
wrtgrlord developmenF, the employee houslng units shalt be permanen[y restrlcted per
the Town of Vall Housing Ordinance as loliows:
1. The EHU shall have a parklng requlrement ol one (1) on-slte part(rng space
'and the EHU shall be tocated "on" the Town's bus route (Es delermined by the
.Town Zonlng Admlnlslrato r);
2. The EHU shall not be subcllvlded Inlo any lorm of ilme shares, lnterval
o$mershlps, or ttaction8l fee;
3. Ttc EHU sh8il be hased, but only to tenants who arE full-tlme emptoyees
who work In EaEle county. The EHU shail not be leased for a perlod less th8n thtrty
29
ol
(30) consecutive days. For the purposes of this Section, a tull-time employee ls one
nyho worlG an average of a mlnlmum ot lhirty (30) hours each weekl
4. No later than February 1 oI each year, the Owner of the emptoyee houslng
unlt shall submtt two (2) copies ot a report (on a torm to be obtatned fron the
Communlty Developmenl Department), to the Communlly Development Department
of the Town of vall and the chatrperson ot the Town of Vall Houstng Authorlty,
Eettlng lorth evldence estabfishlng that each tenant whom resldes wlthln the
' amptoyee housing unlt is a fu .the emptoyee in EaEle County;
5. Thls agreement shall be recorded at lhe,Eagle County Cterk and Recorder.s
Otflce.
18,46.230 TimeFequirements
SDD No.4 shallbe governed by lhe procedures outlined in Section 18.40,120 ol the Tolvn
of Vail Municipal Code.
Section 4.
ll any parl' section, subsection, sentence, clause or phrase ot this ordinance is lor any
reason held lo be invalid, such decision shall not attect lhe validity o, the remaining portions ol
this odinance; and the Town councit hereby declares it would have passed this ordinance, and
each Part. section, subsection, senlence, clause or phrase lhereol, regardless ol the fact thar any
one Ot more parts, seclions, subsections, sentences, clauses or phrases be declared invalid.
Section 5.
The repeal or lhe repeal and re-enactment of any provisions of the Vail Municipal Code i'
as pmvid€d in this ordinance shall not aflecl any right which has accrued, any duty imposect, any
violalion lhat occuffed prior to the effective date hereol, any prosecution commenced, nor any
glher action or proceeding as commenced under or by virtue ol the provision repealed or repealed
and rcenacted, The rep€al ol any grovision hereby shall not revive any provision or any
ordinance previousty repealed or superseded unless expressty sfated herein.
. Section 6.
All bylaws, orders, regolulions and ordinances, or parts thereol,
inconsislent here$rith are hereby repealed to the extenl onty ot such inconsistEncy. The repeatBr
ghall not be construed t0 revise.any bylaw, order, resolution or ordinance, or parl lhereof,
heretolore repealed.
INTRODUCED, REAO, APPROVED, AND OROEFED PUELISHED ONCE IN FULL ON
30
o
FIRST READING this sth day of January, 1993, and a public hearing shall be held on this
Otdinance on the znd day ol February, 1993, at 7:30 p.m. in the Council Chambers of the Vail
Muni$al Building, Vail. Colorado.
ATTEST:
READ AND APPROVED ON SECOND READING AND ORDEFED PUBLISHED
tt/ fit*this /t day ol ltARc| ,1993-
.|'
ATTEST:
31
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nadinning 1l !l,f Nor'iheast colnBr of sald SuluE\. t:,.?.'.'. . ,r.:!r
:lll.l,::i:h BBorrr r,rcsr, ur.oi-icii i;-; iliil'in uri' icntcr..o!.:ii.
thonce south 40009r I,leEt 94.04 fcet a).ong llrc ccnrcr of sairl creah:thence south IBoSIr t{est Sl.od icot "f"ng tno ccnt.r of sa:d cr3ehi:tbcncc sou..h tot.li- l{csr zos.0z reci;i;;i ifi;;;;;;;;i;;l; Eieer.i.thcnce Soulh I2u10t h.cst I10.:5 feet afong the ccntcr ol sairl c=calii 'shencc so.rth Z0o.lIr. ucaE.320.O0 fecr.:. .'.' ..::. -.::. ::- -- '--thcnc. sor:r.n so2.l'J'0" Ear'.,'...ii0.00-f ;"i ."roriri'.[r,i:lti'nicr' or sria crccli,tlrcncc solth 2?o00rOf,n llc,s t 05.24 fcct along the ""nio= o! rrlil ,creeh;'thencc- South SiloOOr l{e5! 25g.3,1 fcet. along thc centcr of sald ercgki . .. t..- .':;i.ir... -,..
.thcnce south 55ollr r{es: 10g.62 feet, along'ihc'center of Brld crcek;thenci sour;h 69!0.1 r l{cst 186.13 fcct arong.,i. """a", o! saltr c:tek;'.thcnce gouE:r'gso!5'. l{ast..e o.og-re"E. aiine'thc lc"nior-.or- soi,i crco.k:tlrcnqc.rror--5'??ol6t Nest 26.96 fcec aroni thc ccnrer il =oia c=c!!,.: . .thEnce llor--h 50ollr l..'ci i 199.19 f cee along tlrc Ccn1lr ol ia!a-c:eEl:.1 thencc i'rorrh 30040' r{esi 2i9:09 fecr arong:the gcnbei "i iuio c:eeki.thcnce south ?603st l'rcai, 89.9r. fecr along'rhe cEhlei-oi-"iio c:eeki to a Foint,. on thc Uest crl), Iine of said itilii{Et ! . . :tl:cnce south 0orsr trcai 461.90 facu Ld rllrc'iintcr.of ca!cl sctticn 121 thcrrr:c Nor!,h 09.02' East tt02.6j fecs alonq rtrc. souitreiii lfnc of Edid, SulliEl. t9-t'he Soui:ica3r corncr ot, saiil: ir.ttrui'ri:-----' -
thcncc rrorrh 0o0Gr E!sE 116,l .32 {ccL aron3.the.Essierly linc oi ieid sr.ihl{E: go thc Norlhelsg cor:lcr o{ saii s$l}t!:r. tfr"-p"iit-"} ..bcginningl I i
Ihe lll{tsEh of Sectlon 12, Tor.rnshlp 5 South, Itangc 8l-ttest of theii; :,
6bh P.tt., ;
- ii.:,i,r..:r .. i,..
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7', ?:t r JIII bhet pai.t' of'tha SElrl.lttri'of Section f :,-_f.'o'lhstrip. S SouLh, nanii ..8I Ncac' of rhc 6th p..lt. , lying Soultrerlv oi. lthc-.lolrhcrly-iighc 5i *ny.Iine _of U.S. ltigh,"'ay llo.-6..as shor.rir on'Ehe.'plat on 'f tfcltn ttre office of thc Eaolc county clcrl: and Rccorder. 'ra- Docunen L No. g?409,Ccscrlbccl as' foliows I
J\IID
laginning ab thg souEhE!st corncr of said sEll[ilr I thcnco souLh 09002' l.lc5L. 816.95 {cct along-llg.19ou$rcrly llnc. o!.tojilSEtNl{t:toar,oInbonthcsougltcrlyr19ht'.ofuayI1.nc-JIra1tl
Itiuhr.rav r '
thincc'Nortsh 5zgi5r East r05?.0? fect'a1on9' thc.so.rthorry rtglrt .g!. If-:/ llne of ruldl trlghuay .to a p6lnt on thc. nasrcrli-ftni-ot safa .SEkltut t thcncc'souLh ooIEr Hcst 6?0.21 faet, nlong,'thi Eastcrly llnc of uaii EEtrNl{k to thc SouEhcast corncr of saftl SEtNtrl;...thc point oi ". ..:.. -biglFnlngr
I}!C!TPF TIIE FOLLOUIIIG :
that plrt
thag pa! b
'thdt plrt
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dcscittld In sqok I88 at. plte 5{5'r ''.i 't r - .'l
clcscribcd ln .D{oF. 19I'ab pagc 241;
dcscrlbctl ln goolr zOJ at pagc 231;
33
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'jriotju t prx.t dcscribscl ln.' looll Z0l at prge S31i
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. Ll_rc 6Lh lrirrcl;ral t.f'cr jdian. lJing-ltorrtuccicrii.. ''.. :;gfi.,the:.ccnLer i.ina of 6orc CrtcX-riescribe6.es-'
; I d.l.l ous : i
", .. :...Jrr -.,.i ,,:: '.'.'i,Iteglnnttrg:nt o point rrhince thc ltorth Qunrrer . ... ;ig.Lo.f,ncr:..ro[:s! ji Scct jon lf bears l:. 1l?.ttl..N...::2291'. ?,?,:f eetI.!ircncq S. 6t,'O?'30" f,.-OS.lO''I ccr: .thencc 1S. 5$.42'30', E.. :6.9-. S6 f ecr:. rhencg i.,,. ,':;5;...J3116:30"..f,. tAo.12 irer.iio i' potni- j; ii;'--- '
;::;1;,; c.cn!cr oI:. sa jri crcck: llrence S. 65!11. t.. 109.6t , . 'I e ct.'a].ong, ihc ccnrer I jne of .sa jd crc:kl' thencr'.. '! '..:.sl:i 69s.(,,t-r.lt.. y(r.?g.f ccr alonp. tbc centc, l inc of .
' j'i s.!5ri.,cr'ccXi.thcncc li. 23.1?'10', Lt.'ll7-54 fsac ro rhc poinr ol bcginning, containlng 1.05 !crer.trof4 Ot t!Sr, .
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'i ;,...:u;,..ALSq:.lnE.ludJns 1ll. !ltgt .1nd 19J1,llE$l - .'"' : .
.t 'ir,ii. j]r.?'.llpouitenant to thc' obovc. 'dcscrlbad propcrt1. . :
. .. l?tr.7? Iet{t: Llre nce 5. 85'4?'lC" f .'89.8{ ft eCr . .. chenct 5, 57i ?5'30" L. 169'tr6 ftsti tl'cnca 5. "
: ; :'; : $trz.3s'30'.' E.. 1(1,47 Iccr:r,o a polnt 1n '.hc.': . .-i,'.t].'":.iic'r|r'er;of sa jd crecl*; r,hcnce S. 65.3I ,36,' l.'. :: ' ..::'I10.9.6? Iect olong. thc ccntcr lJnt of aald crcel:
ccn!Bi )lne oI tajd cree\i !hence ll. 23'2{'09"
,1.r.r..,319,(t9 frrt to..th€ poinL of beg,tnnlng.. ' | .a
.,, --;,.'''lt;;r''to'citttrr.'ll,lrll. en-crntocnr oe tJcscrtbcd.l J.'r;Docurenr i--'-reco;ried {up.u.rt 5.'19Fir ln'Dook 306 !t"FsFi 443 .;...... 1r,,.,'r,Ond,fg-c.ordrd.l:, toc,( 30/ r,L PLSc 85'of thE
."... . . '',"tt a:EF [:1..q- c.ount ! :,f c co r'i s .
' o.r..o99g1trun8nt to thc lbovq dcscftbcd Dropcfty.':'':'t;llilCtnl uirhout ltciret jon. tfc!1 FcrhtrH6.. 94702 - riir.cr. rlthtr <iccrac.d tn Civil Ac!l'on 9+701. riir.cr. rJghtr <iccrecd tn Civil Ac!l'on
. lio. 7'175 ln EaglG GounE!' Dis.rric!.Courr...!nd trv. 4J.lJ J ala !eb.s \.1rrJr.t.t ara --Lr.J . r...:..-EII that DFrtioir of r:iLeT rJchts Gtcrcc6 ln
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fli:ii4:ii:'ii;:ii;Hlil,:::,:: rect arons ti" i""...1'{l-r riehr b' j:E"lrcicr south srolt, -rioi'u,'roo. 00 f eeb alono olr" _.,;*,il;-,;.-. _'t'fy fine of, rairl h
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I
RE:
a od .f, lQ{3
. A reeular Beotitrg of the Vail Towu Council was held on Tuesday, l\{arch 16, 199& in the
Csunsil Chasbers of the Vail Municipal Building, lLe meeting was calhd to order at Z:48
P.[[.
MINI,TIES
VAIL IOSftI COI'NCIL MEETING
MARCH 16, 1993 '
7:30 P.M.
MEMBERS PR,ESENT:Pegy Oetrrfoss, Mayor
Jim Gibgon
Jin Shearer
Tom SteiDberg
Rob I*Vine
Merv Lapin, Mayor Pm-Tem
Bob Buckley
MEMEERSABSIENT:
SDD No.4 that concem the development plana for The Waterford and The Cornerstone
TOWN OFFICIALTT PRESEIfI: Inrry Grafel, Actiag Towa Manager
Larry Eekwith, Town Attorney
Pan Brandneyer, Assistaut to tbe Town Manager
Holly L. McCutcheon, Town Clerk
The dret item ou tha agenda was citizen Participation. Bill flanlon noted he had spoken
with l(en IIWhey oonceroiag iocreased policing ia the Village and walk-thmughs on private
prop€rtias as a dbterrett to any potential problems during the upcoming Spring bleaks. I(eD
Hugbey noted IIOV did not have the staffiag levels to meet peak demand times, but tle
Polfue Defasbent had bee! tryiry to lespmd to all requeels for additional walk-throughs
in hotele od the parking etructues. He added there were contingency plaas to put ata.ffon
over{irG to neet the needs of Iodge owners and peoptre the Yi[ae€ if oeeded.
M:. Haotm aleo expreseed his feelilg that TOV was at a point where a firll-time Mryor and
Coundl, ae well as a Town Manager, were oeeded.
Derelapmeat Buildisg $itee; ard settiag forth detaile in regard thereto. The applicanta were
MECM Enterprises and Coomewial Federal Saviugs. Mayor Osterfose read the title ia firll.
She y Mellp diseueeed igeuee +dd'?ssed in the Comnunity Development Department's (CDD)
Marth 11, 1$98, memo to Council requesting an iosertior i!.to paragraph 18.46.1& of this
oefnance to allorc the applican! with gtaff review, to modifr conmon areas aud add up to
1,000 s$rare &et of addrtiooal coErm(m area ia order to aeet adopted TOV codes. SGliy
9xe$ryd, after further dorrelopment of the structural plq"s for ' his pmject, tb€ applicanf had foud that, due to the Americen Disability Aet, Uui$'m Fire Code, andthe Unifor@ BuildiDg
Code tberi,ws a rkomnd for an incease in common area and modificatiou to conmon aueas fc the bu dire. Shslly noted staff found this was a cornmon request once buikliag plans
ooved fttu planniry Btagss to @nstruction stages, aad felt the requested ias,ertim into *is
ordiartrce qraa an eppr€'priate additim. Council agreed to the requested insertion,
FrEd Otto adrtissd bs bad learned he did oot osn Wegthaven Drivel it was still owneil by Vail
9emtures- Ilmver, .he eaid a cmlition of the four renaining 'undeveloped il;6, tht
MECM eite, tbe Buildlrg C site (Corrcrgtooe), the Ruins eite (Westhdven Apartmetrfs), ard
the ftipler a;ite tMillrace III) and the Cascad€ Wage Association (CVAI would oake a cdributio* of $9?,500 to IIOV to assist TOV with rcfuftighing Westhaven Drive and taking it ner. Mr. Otto stated the $97,500 would be conlributed as followg; $24,000 fron CVA,
$1S,000 &m Comnercisl Fede,ral who orrms the Buildins C eite (Comerstone), $5,000 frou
Mike Lsutrerbach frr Millrace IV, $24,500 from MECII, and $21,000 fron the owaer of the
Ruiag (w€dtheven Apartments.) ule 997,500 figure wae the fuure deriveil at aad detailed ia lerf Crrafol's D€Eo to Councit dated February 12, 1993, regardiag Westhaven Diive
iaprovg,mento. ?he mmo iadicated the Public Works Deparhent (PWl had reviewed the infoil]a*tie prwided by the applicaals at a meeting with Greg HaU, TOV Eneine€tr, Estequio
Cordo4 N€d C'.rxhmey, Je*ry Mullikea, srd Larry Grafel on February 10, 1gg3, and i)Tlr
had eealyzed thai infrumation sith Fgard to the subdivieion oralinance standards frr public
str€*te. th€ uen.o listed specific iEptLeB€nts required for w€stbaven Driver and cost
estimatee ftf tbos6 improvements.
The mechanica of transferring title anil dedicatiag Westbaven Drive to TOV wet e discussed.
Mr. Otto Dotsd that Aady Noris had no pmblem biooelf de€.+ing wer the road, but l/fr. Otto
inilicated that Mr. Norrie cotld no-t sup$ly information about the status of transfening title fom otber offrere. Mr. Otto eaid thie isoue woulil require further iovegtigation" wticU le
felt was a reepmeibility be hoped rov would assiBt with. lLere was digcussion about the
time&en€ for paymeot of the $97,5{X}. Mr, Otto eaid be had hoped to have that as a cooditim of Certificate od Ocarpancy (CO). He did not, howorrer, have a problem either
putting it up bcfor? that time or boDdirg it, He agsumed if TOV recEiraed title, TOV woulil
lake ovcr rnairt€.nfrece and snov removal. Mayu Osterfose felt it would be seneible for tgV
to cooside*taldog 6vs3 mtittenanno and snow rem.oval once it ecsived title to the road- aod-
in cojunrfion with tha! felt that woutd be the appmpriate time fu the applicatrts to pey the
$S7"500. Mr. Otto oaid that would wo*, but felt it was important to the participa"ts in this
pruject to uoderutood that the mly thine that was going to happen was an orrcrlay. there rould ho no €hange in the zurvatue or line of sigbt, no chauge in the bridge, and that.
existiDg mcmachmente lying withitr westhaven Drive would not require a license or
€bcnoa,c.bEent agreoeent. Mr. Otto anticipated the deeding of the mad aod paymeat of the
$&7'5fi1 would occqr in 1993. rtre < constructioa of tte road would not no*nally be doo"
' until hetvy conotcrrction ras croaplete4 so he exp€cted" if they could get started thii eumaer
with the hearry equipnent and gteel eeection, conotruction of the mad could be done in the
arunra€r of 1S€4. Ma],Dr Osterfose ask€d if, th€tre would be ary cogt ctiaryd as a rbsult, of,..'
pmoeediag h 1q94. tafiry Grafel etated if there fi.as a delay, crrrrent pricea with an
appetxiaate 6,96 increase would be appropriate to consider. Mr. Otto pointed out the $g?,800 estiset€ ia tarry Grafel's memo contaiaed a $19,600 oontingeacy, and lllr. Otto hoped if mstructim wae Loss than that, the di&rence would be rretumed pro rata to the particiDarts.
It4ayor oeterfrss felt tlat lvae a reasoaable request there was further discuegi,oa about the
prqiect s +ineftaroe, Tom stainberg indicating Tov diil not want to be held to this ageeneot
indefiniterly; this agreement was frr 1998 as far as he was coaoeraed. Ildr. otto also itrdicated
hie.Foup felt TOV should participefe in tbis iB sode forrm. He ssid he ha" been strugglhg
to gst Glerr Lyotr to participate in this as they n'ere tle di:rect beae6ciary of all of this, but
to da'tp thoy heve not been able to ffud a way to get Glen Lyon to participate. Tom said the buifdfngpeiait was tied to To'tts receipt of tbe $97,500 and the titte to ;he ba4 and if Mr.
Otto could uo0 gBt 6tle uatil 1994, the project would not go uatil 1994.
Mr. Otio &li TOV had to cooperate and conduct, at his coet, a coadennation nmceedins. trrlr.otto aad Larry Eskwith diesussed ibe deteils aDd tirning hvolved with condeuoiatiou
pmeeediaga iachrding appraisale and public bearings. It wag noted the condemned party had thirty d*p to obiab an appraisal, and lt[r. oito wou]d be responsible for oarges incurred fc that" Lanry ftlt it could be four to gix nonihe before actual receipt of imeediate
poreesioo could oocur.
]t[ayor osterfoBs s'r'ntnp'i r6d +.ha sequeace of events to occur: tbe title for westbayen Drive
was to b€ pr,ereated at no coet to TOV, that 997,800 would be contriluted to TOV by the
gmup of iutorroted prrrperty orners ia the a.rea, and bllowing that a building permit would.
be iesueil. Larry Eakwith confirned that MECM ilid Eot preaently own the ma4 and because ttoV could pasibly be +alring a Quit claim Deed, Lany iadicated he wanted a title
eormitoeut pdicy. The building peruit issu€ waa discussed. Mr. otto felt it was rleasonable
to "rsLe that a eoadition of oocrrpancy. Al agtoed it would be to the be.uefit of all tn see
buildiog sotum.enco ftig srrrnvner, but Mr. otto felt if rov nade acquisitim of the mad a
conditim ofthe buildiqg permil he did not feel eummer buildiog would be possible ifl,arr/s
-four to gir month €stinate {as corr€ct. Mr. otto said the moaey wolld be there, but title ro
the roail nry take the amount of tin'e Larry Eskwith tlought Mayor osterfoos etated until
litle and f,he arotrey w€$e there, TOV would not be naintainiag tbe road. She aIBo 6aid
becaus€ Larry Crra&l ard Greg Hall had analyzed the ooet fc thie projec! at $9?,800 it shoild be eonsidorled I'tov was ctmtributing the. cost of desigB, -testinc, aDd project
malagp4ent. Itece wae additional diecussion about the 1999 cost estiaates lrersus-fuiure
costs. Lsry Grafel notcd, as Mr. Otto had meatioued" there was a contingency in the
$9?2500, it was pm*rable to do tbe fqiect aU at once, aad he gh it wouH te possilte to do it efter tlp heavy equipment wae there and oostruction was uadenray. f,erry Cra n feh
the ianage woqld be Eininal and it oould be done at a later time without m{or cost
implicef,ions.
t
o
After ffrrtbr co[l'€trsation regartliog tioiag of tbe road conetruction, an ag$ement \i,aa
'e'd'ed &aq upm paymett ofthe $97,5OQ a bu ning pernit ould be issued even iftitte had
not been treoaferred to ToY with the understaading that meintpa4ase sflhe road *ould not
start aor rould tber? be isauaaoe ofremporary certiEe.ate of occuparoqy {rco) u.atil title wae
also tsanaferr€d, It wae also egtablisbed that if rov was required to pmceed with
condssnstian" that wouftl be at Mr. otto'e expenre. Larry Eskwitb said it needed to b€ ct+ar in the orrrliamce that when Mr. otto's eEpensc was addresed, not only the expense of the
p*ocesaias was to be addres$d, but also the expense of any bouril ae thi escrow for pmeeaebn. lfu. Otto eaid be theu wanted to have a heavy hard iD the co$daillatioo proceeiling because he felt ho could do it very fast and very cheaplv aad
waated to be *bb to select' the attorneys. It waa mutually agreed that the aevetoper fuutd participate in any neceseary coldonnation proc€e.tinge.
ao effort-wauld begin to obtgin tittrs to Westhaven Drive at uo cost to TOV, $92,600 srouH be pdd to.SOi bl-!F-g.*.p _yno had rnede csqmiiretrts to pay that, subeequent to the pavuent ofthe $9?,600 buildius permits could be obtained to begin projccts i[ w;terford 8!d pq _r*ctme, a Temporary Certiffcato of Orcupencies woula noite issLa Uy TOV i;; ;tb*
buildios ||[til titl€ fe l.he mad had been traosfered to t€v aad at that time maintenance
of that msd by TOV would begin, if the pmject came in for lesg than g9?,500, thogc futrds
would be returned fu Tov to thoee rho oootributed qrndemnetion oosts woulil be paid for
by the epsicant aad rov would qooperate in mnducting condemaatim proeeedingg ;th th6 applicmt choosing attomeys and appnaisew, the ipecific impovements 6"i""a to westhavto Drive were those i;hings speciffed in Larry GrafelJs memo dated Febnrary 12,
10@$' iacluding that all tranevene ard longitudiuqr cracks would be eealed *itu a pa"ei"ep
fi&ric prior to overlay, that auy asphalt .listr€s,s arreas would be renorred ana ""*o*ea ptr*
to overlay, 2'ofasphalt would be removed and the base recompacted and new asphalt p6ced
ft,on Statioctr {}+00 (Brid8p) to Station 6175 (Weatin Hotel Entrarce) right edge roa oo& tUt
qp"l"-y y*s cogpleted, the mirrimr:o section rould be 4' asphalt over 4' besecourse, tbat 2'
of ughalt would be removed and the base rrcompacted aud uew aephalt placed frum'station
5+00 (we*tbavea ApartnentslFarking structurg Exit) to station ?+00 0-oser cascade club Eatraoce).le& edge a*l once that overlay wae coapleted fis r'ini4rr-' section would be 4"ae!&alt wer 4' baaecorrree, that the existing cnncrete pao would be rcnoved and replaed with 1yp6 rJB curb and gutter at station or00 - E.r-txl right side, that the exieri"g docsete
paD muld be remo'ed at station 0+00 - 1+90 left side and $pe Ir B curb and guiter would
be_ itgtslled and approprirrte drive cuts and drive po"" woull be provided "r--rU,r. O side$alkilstail€d, $pe tr B wrb aad gutter would be installed from station 1+90 -E+$ left
siale Bnd approBriate &ive cuts snd drive plan* aad a ff eidewalk woulil be installed at ststion 1+9o - 5+0o bft side and a f walk would be instailed from station 2+s0 - 5+fi), that
at Station 5r{0 - 1o+fi} left eide, t}e exiating coucreto pan would be removed and replaced *ttl she u B curb aad gut&er and appopriate drive cuts and drive paas woula u goviaea
as nell ac a 6' sll,erealk, that at Statioc 6+?5 right side, the par would Ue rcwrnba ta
ensurre st6e floreE stay on weottraven f,biee, that at statim g+40 right side, the curb would
be renroaked and driwcut to eogure water would trot flow into delivery dmre ofthe conferene
@atsr' that the II B curb and gutten and a 6' eidewalk would be iastalled at statioa g+60 -
9+80 rigtrt' side, that any brcken curb sections in the cul-de-sac anea wolrld be repaired prior
to overlaying and tlet it would be assuned therc wonld be 30 I.f. of curb replacementithat
the entire road urould be overlayed with 1 v2" hot bituniaous pa:vement, thadg hooded inlets with eadimeot t'rapa and 15" onp pipug to discharge the flovrs to Gore creek would be idstslkd at stati@ 0+1o left and rigtt side that at statio! 5+Go left side the existing valley
inlat reld b6 cuytrted to a hooded inlet, thet at station p+00 - B+dO right side ro;kg ad laa&eapbg *ould be modified to iarprove sight dietan@, that at statioa a;00 - 4+?E left side
roerkg would b€ moved beck to improve slow stotiag€ capaeity, that at station B+s0 + 4+zF right si.te meke rotrld be moved back to improve sqow storage cepacity, that any eettled
pavera mrld bo r',enmrked ard b'rought up to grade, and tlat applicant woukt work tL control ru!{ffilciBg pmbleu ou tbe etairs to the Cascade CIub, and there would tre a paragraph
added to 18.46.1{x ofthe oillilance to allow t}e applicant to add as additionat r,rioo squere ftct of, cmmoc arEa in the Tllaterfo,rd Buildiug. Jim shea"e" seconded the motion. Avote
lead takeo qnd the motion p6ss€d rrnrnimolrely, g-Q.
LaFy Grafcl intmdud. tl31/s ner Tonru Clerk, Itrolty Mc{utcheon.
At &P0 P-L!., a motion to a4ioun tbe meetiug to Executive S€ssiOD to discrree lagal,
'I
:
t
o
ard real estat€ Eatters wae made and paseed unanimously, S-0.
couneil loconveaed the ae$rler Evening l,Ieeting at g:45. Jio Gibeo'n wag not nrssent,duing this part of the meeting, The following iseues were addrcsged:
To'e Staiabarg Earr€d to approne the Ag6€0reot aod General Release c@tract for Rondall V, Pbilline' oeveranae a8 mditE€d, witb a eecond from Jim Shearer. A vote wea taken and
the motioo paeaeil uaqnirnonsh, 4-6.
I.,arry _Eslffiitb that authorization.for Coc&rell, Quinn, and Creighton to beCtr liti$tio,E, if aeoaear5,, ageiut Chevmn and Amoco conc€nd.ag thJ gmunttwaLr
oomtamiaation on the old fown s_h9r lryne*r was D€eded. Rob Levine moved to approve
suc.h authsiratim, qdth a eecoDd from Tm steinberg. A vote was taken anil the motim
paeeed rrnmi rrroruly, &O.
The ueetiug ras afioumed at 9:55 P.M.
Respectfi.rlly subnitt€d,
AfIESI:
t A. Oskrrfoss, Mayox
c.{fim#nrE B
"f .,1
0//1lt
v
^'f fr++eo\
" ttlrl
,+le?
a!ts rt
dtl
OFDINANCE NO. 41
Series of 1991
Ad OBDTNANCE REPEALING AND REENACTING ORDINANCE NO. 28, SERIES OF 1991, TO PROVIDE CHANGES TO AREA A REQUIREMENTS FOR SDD NO. 4 TIIAI CONCERN THE DEVELOPMENT PLAN FOR MILLRACE IV, SCEIIARIO I,A/K/n COSGRIFF PARCELT AllD SETTING FORTH DETAILS IN REGARD
THERETO.
WHERAAS, East tlsat Pafr.nsrs ancl Co6l!€rcial tredeaal Bank,
h!t,s reguested an aoendrent to the existing Special DeveLopment
District No. 4, Area A; and
I{HEREAS, the PLannlng and Envlronmental Commission has
recomraended that certain changes be made to Special Development
Dist.rict No. 4r and
WHEREAS, the Town Council considers thac it is reasonable,
appropriate, and beneficial to the Town and iLs citizens,
inhabicanE.s, and visitors to repeal and reenact Ordinance No. 28,
geries of 1991 to provide for such changes in special Development
District No. 4, Cascade viIlage.
IIO}I, THEREPORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
tol{N oF VAIL, coLoRADO, THAT:
Ordlnance No. 28, Series of 1991, is hereby repealed and
reenacted, as foIlolrs:
Section 1. Amendment Procedures FuIfilled, Planninq Commission
Report,
The arrproval procedures described in Chapler L8.40 of the VaiI
Municipal code have been fulfilled, and the Tonn counciL has
received the report of Lhe Planning and EnvironmentaL Conmission
recomrnending approval of the proposed development plan for
Special Developnent District No. 4. Section 2. Special
Develonment. DiFtrict No. 4 Special Development Dist,rict No. 4 and
the deveLopment pfans therefore, are hereby airproved for the
developnent of Speclal Development District No. 4 ?rithln tbe Town
of, vait. seetion 3 Chaptser 10.45 special Development. Dislrict. No.
4r Caseade vilfage, is hereby repealed and re-enacE.ed with
anendments to read as foltows:
{
{e
5
o |n
r.|
{\\
18. !16.010 Furpose
.l
- Special Devetopment DistrLct. No. 4 is established to ensure
complehensive developmenE and use of an area in a nanner
that witl be harmonious htith the general characler of the
?ownr provide adequate open space and recreational
amenitie$, and pronote the obJectlves of the Torn of VaiI
ConrprerrensLve PLan. Speciat DeveJ.opment District No' 4 is
crcated to ensure that the developnent density will be
relatively low and suitable for the area and the vicinity in
rrblch it is situated, the developnenL is regarded as
complementary to the Town by the Town Council' and the
Plannlng Conmission, and because there are slgnl'flcant
aspEcts of the Special Developmeng District hLch cannot be
satisfied Lhrough the imposition of, standard zoning
districts on the area.
'18.46.020 Definltlons
r'or the purPoses of this chapter. the followj.ng def,initions
8hall aPPIY:
A. "gpecial attraction" shall be def,ined as a museum,
seminar or research center or performing arts tbeater
ot culturaf center -
B, "Transienc residentiaL dwelllng unlt or restricted
dwelling unit" shall be defined as a dwellinE unit
Iocated in a nulti-family dwelling lhat is managed as a
shorc tern rental in which all such units are operaled
unde! a single management providing the occuPants
thereof eustomary hotel services and facilitles, A
short term rental. shall be deemed to be a renea! for a
perLod of tLme no! to exceed 31 days. Eactr unlt shall
not exceed 645 square feeL of GRFA trhich shall include
a kitchen havlng a rnaxinum of 35 square feeL. The
kitchen shall be deslgned so that it nay be locked and
separated from the rest of the unit in'a closet- A
transient dwelling uniu sha]l be accessible fron cotnmon
corridors. nalks, or balcgnles wlthout Passlng through
L
I ',t.!J'
. anogher acconmodation unit, dwelLing unit, or 2
transient residential dwelling un5.t. ShouLd such
units be developed as condoniniums, they shal} be
restrlcted as set f,orth in section 17.26.0?5--f1 -26.L2O
governing condonj.nium conversion. The unit shall not
be used as a pertnanent residence. Fract.iona] fee
odnership sha1l not. be aflowed to be applied to
transient dsel.ling unit,s. f'or the purposes of
deternining al.lowable densiE,y per acre, transient
residential dwelling units shall be count,ed as one half
of a dwelling unit. The transient residential dwelling
unit parlclng requirement shall be 0.4 space per unit.
plus 0,1 space per each 100 square f,eet. of GRFA erith a
naxirnum of 1.0 space per unit.
18.{6. 030 Establi.shed
A. Special Developnent District No. 4 is established for
the developrnent on a parcel of land comprising 9?.955
acres as mole particularly described in the attached
Exhibit A. Speeial Development District^ No. 4 and t,he
97.955 acreE may be referred to as "SDD No. {rl
ts. The district shall consisl of four separate developnent.
areas, as identified in this ordinance consisting of
the follorring approximate sizes:
Area Xnown As Development Ar€a Acreaqe
I
Cascade Village A
Coldstream Condominiums B
Glen Lyon Duplex Lois C
Glen Lyon comnercial Site D
Dedicated open Space
18.{5. 040 Developmenl Plan--Reguiled--Approval Procedure
A. Each development area with tbe exception of Development
Areas A and D sha1l be subject t,o a single developrnent
plan. DevelopmenL .Area A shall be allowed to have t$o
developnent plans for the waterford, Cornerstone,
ttillrace fV and Cascade CLub sltes as approved by the
Tgwn Council. Developnent Area D shall be alLowed lo
3
1? .955
4.000
29.100
1.800
40.400
a /"t
' deveLop per ihe approved phasing plans as approved by '-
tbe Toltn Council. The developer shall have the rlght Lo
proceed with the developroeng plans or scenarlos as
deflned in Section 18.{6.103 8-F.
B. Arnendnents Lo sDD lilo. 4 shal.l comply ltith the
procedures outlined in section 18-40.
C, Each phase of, developmenL shall' requLre, prior to
issuance of buiLdtng perniEgr approval of the Design
Review Board in accordance with applicable provlsLons
of chapte! 18.52.
18.{5.050 3ro!t-E@
A. Area A. Cascade vilfaqe
t. First floor comrnercial uses shalf, be linited to
uses lisled in 18.24.030 A-c. The "first f,loor"
or "streec level" shalf be defined as that floor
of the building that is located at grade or street
leveI;
2. AII other floor levels besides fif,st floor or
streec level may include retai.l, gheater,
restaurant, and offlce except that no professional
or business office shalf be locaged on streeL
level or first floor (as defined in Section
18.24.030 A of Lhe Town of vall zoning code in
Alea A) unless j.t is cLearly accessory to a lodge
or educationaL institution except for an office
space having a naxinum square footage of 925
sQuare feet located on tshe first floor on Lhe
northweg!. corner of, the Plaza conference center
bui Idingt
3. Lodge;
4. MuLti-fanllY dwellingt
5. slngle Family dwelling,'
6. Tno-Fanily dwellingt
't Transient residential dwelling unit; . .
a
o 'l'
8. Employee dneLling as def{ned in Section 19.46.220;
9. Cascade CIub addition of a lap pool or gyrnnasium.
B. Area 8 CoLdstrean Condominiums
1. Tlro-family d}lellingt
2. Multl-farnlly dwe11ing.
C. Area C, Glen Lvon DuDlex Lots
1. Singte farnity dwelling;
2. Two-fanily dwel.lfng.
D. Area D. Glen Lvon Comnercial Site
1. RetalL;
2. Rest.aurant and bar'
3. Business and professional off,ices;
4. Multi-f,anlly dwetting,.
5. Employee derellinq as defined in Section 19.46.220,
L 18.46,060 Condltional uses
Conditlonal uses shaLl be reviewed per the procedures as
ougLined in Chapter 19.60 of the Town of, Vait zoning code.
A. Area A, Cascade Vlllaqe
1. Cascade Club addit,ion of a wellness center not to
exceed 4r500 square feet.
2. Fractional fee ownership as defined in the Town of
Vail Municipal Code, Section 18,04.13S shalI be a
conditlonal use for dwelling units in the
Westhaven multi-fanily dwellings. Fractional fee
ownership shal1 not be applied to restrlcled
(\,_ employee derelLing units or transient residential
dwelling unlts. Ownership intervals shall not be
less than f,ive weeks.
3. Special attractlon,-
4. Ski lifrs,.
5. Public park and lecreational f,acitit,ies,
5. Major arcades with no front.age on any public way.
street, $ralkway or nall area.
i
B. Area B. coLdstream Condominiums
1. Public park and recreational f,acilities;
2. ski lifts.
C. Area C. GIen Lvon DUD
1. Public palk and recreational facilitiest
2. Ski llfts.
D. Area D, GIen Lvon Cornmerciaf Site
1. MLcro-brewery as defined in Tol,n of, Vail t'tunicipal
eode, Section 18 .04 . ?53
18.46.070 Accessorv uses
A. Area A, Cascade viflaqe
1. Minor arcade
2- Home occupations, subject to issuance of a hone
occupation perrnit in,accordance witb the
provisions of Seclions 18.58.130 through
18.58.190.
3. Attached garages or carportsr Private greenhouses,
swimming pools, tennis courtsr pat,iosr or ocher
recreational facitities customarily incidental to
perrnitted residenllal uses.
4. olher uses customarily Lncidental and accessory to
perniLted or conditionaL uses, and necessary for
the operation thereof.
5. Swimming pools, tennis courtsr paLios or other
recreational faciliLies customarily incldental to
pernitted or condilional uses, and necessary to
the operation thereof.
B. Area B, CoLdstream condominluns
1. Home occupations, subject to issuance of a hone
occupation permit in accordance with the
provisions of sections 18.58.130 through
18.58.190.
I
I
,. .
'.(o "\ 'l
2. Attached garages or carporls, lrivate greenhouses,
swimrning pools, tennis courLs, patios, or other
recreatLonat facilitles custornarily lncidental to
permitted residential uses.
3. Other uses custonarily incidentaL and accessory to
permltted or conditional uses, anct necessary fof
the operation thereof.
4. Swimming pools, tennis courts, patios or other
recreational facilities custonarily incidental to
parmltged or conditional uses, and necessary to
the operation thereof.
C. Area C, Gten tvon Duplex Lota
1-. Home occupations, subject to issuance of a home
occupation pernit, in accordance v,,ith the
provisions of SecCions tg.5B.13O t.hrough
18.58.190.
2. Attached Earages or carport.s, private greenhouses,
swimming pools, tennis courts, pat.ios, or other
recreational facilit.ies customarily incidental to
permitted resident,ial uses.
3. Ot,her uses cust,omarily incidental and accessory t.o
pernitted or condiLional uses, and. necessary for
the operation thereof,
D. AEea D, 61en Lvon Commercial Site
X. Home occupations, subject to issuance of a home
occupation perrnit in accordance with the
provisions of Sect.ions 1g.58.t3O t.hrough'
18.59.190.
2. Attacbed garages or carportsr private greenhouses, ,
swimming pools, tennis courlsr, patios, or other
recleational f,acil.itles cusgornariLy incidental to
permlt.t.ed residential uses.
3.otherusescustornari1yl'ncidenta1andaccessoryto
perm1ttedorconditiona1uses'andnecessaryfor
the operation thereof.
I
(-
f
18.46.080
A.
,8.
4. Mi.nor
I *.'''I
arcade
a
B.
Location of Business Aativitv
AlI of,f,lces, businesses, and services pernitted by
Sections 18.{6.050 through 18.46.0?0 shall be oPerated
and conducted entlrely wittfin a buitcling, excepg for
permitted unenclosed Farking or toading areas' and the
outdoox display of goods.
The area to be used for outdoor dlsplay nusl be I'ocated
directly in front of the establisturent displaying the
goods and entirely upon the establishmentt s own
property- Sidewalks, building entrances and exlts.
driveways and streeEs shall nol be obstructed by
outdoor display.
shalL not' exceed Llre following:
Two hundred eighty-rhree point flve (283.5) dwelling
unils, with a rninimum of three hundred l.hirty-eight
(338) accomrnodaLion units or transient residential
dwelling unlts and a naximum of ninety-sev€n (97)
dweLling units as defined by Lhe table in Sectlon
18.46-103 A-D.
Area B, Coldstream Condominiums
SixE.y-f,ive (65) dwelling unit's
Area C, Glen Lvon DuPIex Lots
One-hundred four (104) dwelling units-
Area D, Glen l,von Comlnerclal site
Three dwellLng units, tlto of which shall be employee
dlretlinq unlts as def,ined by the table in Section
18.4 6 - 103F.
pensilv--Floor Area
D.
18.46.100
The gross residentiat f,loor area (GRFI) for all
buirdings shalr not "*"""Gare feet:
of dvrelling Units
excepL that the total r0axitnun GRrA sha1l not exceed
C
ln-
ZgZ.245 square f,eet if, MilJ.race IV Scenario 2 (32
A.U., sl is constructed.
A. I'rea B. Coldstream Condominiums
sixty-f,ive thousand square f,eeE. (65r000 6.f .) GRFA.
C. ALea C, GIen Lvon Duplex Lots
GREA shall be calculated f,or each lot per Section
18.13.080 ctensity control A and B for the
Prlnary/Secondary district of the tor.rn of Vail
rnunicipal code.
D. Itrrea D. Glen Lvon Coinmercial Site
The gross residential floor area for the two ernployee
drelling unlts shall be Z9S sguare feet and 900 sguare
feet. respectively. the gross residential floor area
for the free narket dwelling unit, shall be 11630 square
f,eet .
18.d6.102 Ccmnercial Square Footaqe
A. Area A, Cascade Villaoe
Area A shafl not exceed 551538 square feet of
commercial area. Conmercial uses include retail,
of,fice, theater, reslaurant, uses listed in Section
18.46.050 A-1, and the special att.raclion use,
B. iArea D, Glen tvon Commercial Site
Area D shaLl not €xceed 16r?30 square feet of office
for Phase f, IA & II or 151584 square feet of of,flce
f,or Phase III per the approved developmen! plan$. The
micro-brewery and associated uses shalL be const.ructed
per the approved development plan.
1.8.46.103 Develop$ent Statistics for Area A. Cascade Villaqe. and
t;L
(.
,)
,)
AU .r Tn DU ORFA Comr rclrl $..1a 8ou!1r F.al
on-stb
Prrtln l
(;t|.,a(laAflrt rlord
8lructur.d PrrLlnn unIt
Saamrio t
o,
S*nario 2
'5
TR
30
tTFoo 60
oa
t5
3.m0 12,7
I rra*L5 .25 tlt
2 .30 Du
47.500 3,800 | - lz,7
of
2.477
l. W. hrv.n
Gondo r AU or TB OU 6RFA Commrrclcl 6.rlr s{urfr F..l
On.Slti
P.rklno
C.rcrddwrt.rfod
Slru.luaad P.rllno un0 ?o 5{X}ao
Els woa unil3 lMar l}.400
l. llillrrm l[tf4 a..-r - --AU of TF DI.l CRFA Commarcl.l S.!l l Qqucrr Fol on.s .plrllm Crrcidarwal.do.d
Slruclu'rd P.rllnd
3
5- lllllncr lV AU or TF DU GBF.[Gommarclrl S.rlr Squrrr Fmt
un.sl!a
Partlno
Crtcd a/WrLrlord
Slruclur.d Prrklno un85
Senodo I
of
Smnado 2 32 AU
6 10.450'"..
ot
t{.om
l9
26.8 I9IALE
slonsrio I
$odfisrio 2 T2 AU
6DU t0,{90--.
t {.000 t9
26.8
7. noom zJ cDtrtttanca
Cangrrl.d lo Ttr.rlaa .AU or TR DU GRFI Comm.rchl Sarl' -Sauaar F.ol
(,n.Sll.
Prrklnd
ga 3Cad ./Wrl!rlo rd
Struclur.d P!?klnq
IOIAL xrinH,ls*-lot,5 9u tlt,fio ird,r5z 13.365 E0lrinlmum 310librlmum
o1
?3S Lf nlmunr
'G.ldrF adb .6dl !a co.d r*.d &dlt B ORFA ,fl b FrFc c1&! SDD... noo ftu aL4q| ta.f tct&La I ao,.r.B. ?.s FrtLt8. fha Ert runa r!q&@!t L !.Ed E t!. duia.E Llr@ aaAF.a aD,t &.!., Fru.a F$rtrcdr.
"'PLt.F..L.*tarL.!F|!r.t!r-rEbtlFnbSr!$|l|!.e.rTEE*!.dbtF+hd.rLD.rodoorbdut.....!.a!Brbr.rrl!&dodL.Frtl!.FT|IE&..B"..Flcd flgF.rrFrd Ulh' erry |.!d aeedd r..uL..
"n'ft.brrF...,Gd.rublO&FAf..b&.frltttscl(N&fr..m.-q.dbd.lt!.d,,r!q.?ttl't@r{.aLlob.Ibrldlfqd.clo.,FrtbtT.c..F,€httL.rto(Cr(j)(D
€57 Mlnlmum wlth
17,5% Mired Use
Credit - 543 spacas
421 spac$ In
Cascade Slructure atrd
122 sp.ces In
at Euild€|Jl 292,245 732 Maxlmum xrllh
17.57" Mlxod Use
Crodil - 604 space3
42'l spacas In
Cascade Sttuclure and
183 spacrs In
' Total ligure8 fsprosonl hlghosl denslty and commerclal scenados.
" Maxlmum paftlng slrudur€ requlremenl assumss Cornerston€ Scenado 2. Watedord Senarlo 2. Milhaco lV Scenallo 2.
. and Caeeade Cbb Scsnarlo 1
"'l,finl.nilm parklng struG{ur€ r€quiromont sssumer Cornorstono Sconado 1, Waterlord Scpnado t. Milkace lV Scenarlo l.
and Casc*de Glub Seenado 1
L a\| ,rY'"ii"."GRFA
\ (.35)
. 256t431
. 18f ?52
rs,932
29Lt727
Area
(Acres )
briglnal parcel
Robbl,ns parcel
Cosgrlff Farcel
15.58 Zs2. Oo
1.23 19.6S
1 .045
1?.95s
2,400 9.6
16 .7!
288 ,110
I
F rtrsE I t-rlren Lyon
Eldg.- Offtce 0
PHISE II
Hlcro-Brewery
-Offlce
-neceIrLlon/
Huseum
-Reta11 -f€rnental lon /. Brewhouce
-8€er fiall
-8rex Pub
DFT\TELOP.HENT FOR AREA D, GLEN I,YON COMI,4ERCIAL SITE
oouu"oi3B"*n ioilffi Foo,no"AND FARKTNG pER toyrN br. vr,r r, REquIREMENTs
EEERUARY 26, ]-99O
PIIASE Ia PHASE I, Ia E rI oEvELopMENT oevelopiletrr
sg.Ft ../Farklng sg.Ft. / earklng
Gl€n Lyon Offlce Bldg.(Exlstlng) 10, 150. 40. 5 10, 150 40. 6
PIrlSE T}
Gl.en Lyon Offlce Blclg. {00 1.6 4OO 1.g
PHASE T,IA,II AND III
DEVELOPMENT
Sq.Ft. / parking
10r 150 40.5
400 1.6
2t 400 9.5
31 780 15.1
480 0.0 175 .6
9?0 0.0
1, ?00 18,8*
( 150 seatsJ 1,380 10.0*(80 seats)
2r634
480
885
1r 405
1, 700
( 1s0
11 380
(80
10 .5
0.0
3.0
0.0
18.8r
seats )10.0*
seats )
5T'BTOT}L 10r550 42.2 21,{35 96.3 21r 1t35 94.1
1,695.
11 630
21 400
. SE III
e."t A,rttakg
-2 Enployee Unlte 0 -l Duelltng Unlt 0 -Offi,ce 0
suEIotA& 0 o
TOT}& COISIENCIAL A}ID RESIDENTIAT]
SQUARE FOCIIA6E A}ID FIRKING3
. 21r 1t35.
*OSED SIGHES? FARI(ING REQ. 9OSSIBLE
0.0
0.0
0.0
95.3
BASED
24 t'l60
( \r I 1' o*
I8.46.104 Develooment Plans
Site specific devetopment, Plans ate apProved f,or Area a'and
&rea D. The development plans for Area A are comprlsed of
those plans subrnilted by Vail ventures, Ltd- and otbel
developers. The developtnent, plans for Area o arti -comprised
of those plans subrnit.ted by the GIen Lyon Offlce Building' a
Colorado Partnership. The followLng documents comprise the
developtnent plan for each area:
1. Ca$cade.Vi]]age Master Plan and Bullding Height, Romat
10,/10/88.
2. waterford and Cornerstone Floor Plansr Rona, 10/10/88r
p 1-9.
3. watelford and Cornerst.one Sections' RorRa, 10/10./88.
4. waterford Landscape PIan' Rona' 10/10/S8.
5. waLerford summer Solslicer Rorna, 10/10./88.
6, !{aterford Site Plan, Rorna, 10/10/88.
7. waterford Elevations, Rorna, 10/10/88.
8. waeerford wincer SoLstice, Roma, 10/10./88.
9. waterford East Elevation Height enalysjs. Rotna,
9/25/85.
10. gornerstone Site plan, Rorna, 10/10/88.
11. Cornerstone Elevations, Rona, 10./10/88. P. 1-3.
]2. cornelstone Sun/Shader 10/10/88.
13. Cascade Ent.ly Rendeling. Rona; 10/10/88-
14. cascade Club Additiot Site PIan, Roma' 10/10/88.
15. Cascade Cl.ub Floor Plan, Roma, 10/10/88.
16- Hillrace Iv, Scenario 2 (32 A-U.'s) Planr Rona, i
70/70/ 88 -
L7. Millrace rv, sc€narLo 2 (32 A-U.'s) Sloor Plans., Roma,
10/10/88
18. Uil]':raee IV, Scenari o tr, e'lkle Cosgliff Parcef. Site
Flan, Irnold Gwatbmey Pratt, 70/28/91 .
19. Millrace rlr, scenario I, a./k,/a Cosgriff Paacel,
Elevations Arnold Grathney Eratt, 7012219L.
20. l{illrace Iv, Sceoerio 7., alk/a Cosgriff, PeEcel, Sloo!
Plans Alnold cuatbnoy Paatt, L0l23l9L.
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2L. lrtillraca IVr.Scenario t, a/kla Cosgriff parcel,
Landseape PlaD, Dennig ,endefson Associatas.
22. Coagriff Parc61, Surrroy, tJ'piae EngLnosring, Inc.,
,,OlsLlgt stanped.
23. Survey, a part of, Cascade village, Eagle VaIIey
Engineeringr Leland Lechner, 6/S/87.
21 . Site Coverage Analysis, Eagle Va1ley Englneering,
10,/10/88.
25, Cascade Village Special Developrnent District
Amendment and Environmental Impact Report: peE.er Jamar
AssocLates, fnc,, Revised ]-]./22/BB.
Aqei D, Glen Lvon Commercial Site
1. Area D Master Sit€ plan, ceodesign by Sherry Dorward,
2/22/90,
2. Landscape Plan for Area D, Geodesign by Sherry Dorward,
2/22/90.
3. Area D elevations, Geodesign by Sherry Dorwardl Zlglg}.
4. Vail Micro-brewery, Seracuse, Lavrler. and partners,
Denver, CO., sheets A2.I, A2-2t A2.3, A3.1, A3,2, A4.1,
A4.2, dated L/8/90 and shee! A2.4 dated I2/t3/89,
5. Vail Brewery Roof SEudy, Frank Freyer, !/B/90.
6. Gfen Lyon Parking Garage Floor. plans and Site plan,
Rona, 11/28l88.
7. GLen l,yon Parking Garag'e sections,/Elevations, Roma,
tt/28/88
E. Glen I'yon Condoml.niun, Roma, tt/zl/gg.
9. Glen Lyon Cbndominiurn East Building, Roma, tL/?g/SS.
10. Deck Enclosure (phase IA) to clen lyon Office Buildingl
pierce, Segerberg and. Spaeh, daE.ed 9,/40,/90.
11. Landscape PIan, phase IA Deck Enclosure, pierceT
Segerberg and Spaeb, datect B/19,/91,
12. Office Addition to GIen Lyon Office Building, Buff
Arnold./Ned Glrathmey Architects August 25, 19g9 Sheets
A1 through A4.
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' 13. Cascade Village SPeeial Developnent District AmendmenL
and Environmental ltnpacL RePort: Peter ,farnar
Associates, Inc., Revised LLl22/88. let'ter ftom Peter
Jamar Associates, Inc'' dated January 15, 1990.
14. Deceleration lane design for south Frontaqe Road, RBD,
October 18, 1988 as aPproved by Co. Div. of, Hgltys '
15. A resubdivlsion of Lot 54 arnended plat Glen Lyon sub-
division, Eagle valf,ey $urveying Inc. as approved by
T -O.V.
L5. VaiI Brewery Parking Anafysis, TDA Coforado, Inc',
AugusL 10, 1988 and vall Brersery Parklng Analysis
Update, tBA Colorado, Inc., ,January X6, 1990 pages
1-8.
18.46. lf 0 D€velopment Standards
thg 6svelopnent standards set out in Sections 18.{6.120
', through 18.46.180 are approved by the Town Council" These
standards shall be incorporated into. the approved
developnent plan Pertinent to each develofiment area to
prot'ect the integrity of the develop:nent of sDD No' 4' They
are minimun development standards and shall apply unless
more restrictive standards are incorPorated in the approved
develoPmenL plan which is adopted by the Tor*n Councll'
18.4 6.120 Setbacks
A. Area A, cascade villaoe
Required setbacks sha]l' be as indicated in each
develoPment pJ.an with a nininun setback on the
periphery of the property of noL less than tfienty feett
nith Lhe exception that the setback requirenent
adjacent to the existing Cascade parking
strucLure/athteEic cLub building shall be two feef as
approved on February g, 1982r by the Plaoning and
Envlronrnental conmlssion. AIf buildings shall maintain
a 50 foot stream setback fron Gore Creek. The
waterford and Cornetstone buiLdings shall rnaintain a 20.
foot setback fron the north edge of the recreational
PaLh along Gore Creek.
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B. Area B, Col,dstream Condominiums
Required setbacks shaLL. be as indicat,ed on the
development plan.
c. Area C. Glen Lvon Duplex Lots
Required setbacks shall be governed by Section
18.13.060 Sbtbacks of the prirnary/Secondary zone
district of the Tovrn of vall Municipal Code.
D. Area D. Glen Lvon Comrnerclal Site
Regulred setbacks shall be as indicated on the approved
deveLopment plans.
18.45.1{0 lleiqht
A. For the purposes of SDD Ho" 4 calculations of height,l
height shall rnean the distance measured vertically from
L the existing grade or finished grade (whichever is more
restrlct.ive) r. at any given poine to the top of a flat
roof, or mansard roof, or to the highest riclge ]ine of
a sloping roof, unJ.ess otherwise specif,ied in approved
development, plan drawings .
B. Area A, Cascade Vi,llaae
1. The maximurn height for the westin Hotel, CMC
Learning Center, Terrace wing, plaza Conference
Building and Cascade Parkinq Structure/ALhIetic
Club is ?1 feet.
. 2. Cornerstone BuildJ.ng: Haxirnurn height of 21 f,eet.
\- 3. l{aterford Buildlng; Maxinum height of {g f,eet as
meagured fron finished grade to any portion of the
roof along the north elevaE.ion (south Froncage
Road) and $eat elevatiori (Westhaven Drive). e
rnaxirnum height. of 40 feet as measurecl frotn the
Ionest fLoor of the parking structure t,o the roof
eave is approved for the south and east building
elevations. A maximum helght of 61 feet as
tneasured from t.he lowesl floor of the parking
€lructure to the roof ridge is approved for the
outh and east buiLding elevations.
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4. westhaven Building: A maxinum of 55 fee
5. Millrace III: A maxinum of 48 feet'
, 6. Millrace Iv: A naxLmum of +g 3{ feet.
7. Cascade Club Addition:. A maximum of, 26 feets'
8. cascade Entry Tower: A tnaxirnutn of 36 f,eet '
9. The remainder of buiLdLngs in Area A shall have a
maximum heLghu of 48 feet-
c. Area B. coidstream condominiums
The maximun height shall be 48 feet.
D. Area C. Glen. Lvon DuDIex Lots
The maximum height sha1l be 33 feet for a sloplng roof
and 30 feet for a flat or nansald roof'
E- Area D. Glen Lvon Commercial siLe
51t of Lhe. roof shall have a height between 32 and 40
fee!. 49* of the roof area shall have a helgirL under 32
feet. On the perirneter of the buildings for Area D,
height is rneasured frord finished grade up to any Point'
of the roof. On the inLerior area of any building'
helght is rneasured from existing grade up to the
highest point of Lhe roof. Development plan drawlngs
sha1l constilute the heighL alfoeances fo! Area D'
18.46-160 Coverase
In Areas A and B, no more than 35t of the total site area
shall be covered by buttdings, provided, if any portion of
LhealeaisdeveloPedaSaninstitutionaloreducational
center, 45t of the area may be covered' In Area C' no more
than 258 of the toual slte area shall be covered by
buildingsrunlessthemorerestrictivestandardsofChapcer
18.59 of the vail Municipal Code apply' In Area D' no mole
than 3?* of the Eotal site area sha]] be covered by
buildings and the parklng structure'
18.4 6.1?0 Landscaoinq
At].eastthefollowingp€lcentagesofthetotaldevelopnent'
area shall b€ ]andscaPed as provided in the development'
.
p}an.Thissha11inc1uderetentionofnatura1Iandscape1if
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appropriate. Areas A and B, fifLy pelcentr and in Areas C
and D, sixty percent, of the area shall be landscaped.
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18,46.180 Parklnq and toadina
A. LreaA, c-aseade Villaqe
1. Off-street parking sba1l be provlded in accordance
with chaptet !8.52t except that ?5* of the
required parklng in Area A shall be located within
a parking structure or buildings with tbe
exception of ldlllraco IV, Scenario I, rbere 66.6t
of requiE€d prrki$g sball bo enclogod irr a
buJ.ld!,aE. If the devei.opnent table in Section
18.46.103 is amended, t,he parking requirenents
shall be arnerded accordingly.
2. There shall be a total af, 42L spaces in the main
Cascade Club parking structure and a minirnum of
122 underground spaces in tbe Waterford struceure,
3. The Cascade and lfaterf,ord parking structures shall
be considered to be one parking structure for the
purposes of calculating the mixed-use credit for
parlcing spaces. Soth parking structures shall be
nanaged as one entity. A 17,5 percent rnixed-use
credit per the Town of vail parking code, Section
18.52.20 has been applied Lo the total nurRber of
requlred parking spaces conbined in the Cascade
and llaterford structures. Alternative developnent
plans or scenariog r'rhich require additlonal
structured parking shall require an expansion of
the naterford parking structure below ground
level .
4. The thlrd ffoor of, the Cascade parking structure
sha.Ll not be used to neet any parking reguiremenls
for accoruoodation units, transient resldential
dweiLing un!.t,s. employee dwellj.ng units or
dr.relling units.
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5. Phasing: AII reguired Parklng for Cornersgone,
waterford, Millrace IV Scenario 2 (32 A.U.'s)r'and
ttre cascade Club We1lness Center Addltion scenario
1 shall be provided in the Cascade or vlaterford.
parking structures. At, the line a building perrniL
applicaLion Ls submitted to the Town of vail
Cotnmunity Development Department for the $lalerford
buildlng and parking structure, the developer
shaLL be requJ.red to make a f,lnal decision as to
which develoPment scenarios shall be used for the
Cornerstone, Waterford, Millrace IV and the
. Cascade cfub addition- A temporary certificate of
occupancy shaff, not be reLeased for any portion of
lhe cornerstoner lraterford, Millrace Iv Scenario 2
(32 A.U,ts) or Cascade Club Wellness additiont.
Scenario 1 whlch reLies on required parking being
provided in the waterford parking struct'ure until
the Wagerford parking structure has lecelved a
tenporary certificate of occupancy from the Toun
of VaiL Building Department -
6. Seventy-five Percen! of the required palking shall
be focated within the main building or buildings
and hidden from public view fron adjoining
. properLies lrilhin a landscaped berm f,or westhaven
Condorniniurns, and }tillrace II lr-and-}ffi$
Seertar:i+-*.
?. A1I loading and delLvery shall be located $ithin
buil"dings or as aPploved in the devel'opmenc plan'
B. Area B, Coldstream Condorniniuns
Flfty percenL of, the required parking shall be located
within the rnain building or bulldinge and hidden fron
public view from adjoining properties within a
landscaPed berm.
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' C- Area C, Glen Lvon DuDlex Lots
Of,f,-street parking shatt be providecl in accoratance with
Chapter 18,52.
D. Area D-Glen Lyon Com&ercial site
1. Phase I, fA and If shall include 80 surface
parking spaces plus 6 valet parking spaces on t.he
east end of the surf,ace parking lot. Fhase fA
shall include 2 additional required parking spaces
for a tot.al of 43 required parklng spaces.
2. Phase III shall include a minirnum of, 108 parking
apaces. A mininum of 100 spaces shall be located
in the parking structure. AL1 required parklng
for the east building shall. be provided on-aite
per Torrrn of Vail parking reguirements per Seccion.
18-52.100 for residential and office use- A
' ninirnum of ef,even spaces shall be focated in the
garage of the east building and a rnaxLnurn of 5
surface spaces shall be located adjacent to the
east building.
3. Area D development shall meet the operational
requLrements outlined in the TDA Colorado Inc.
Report, Section garking Analysis ConsideratLons,
.tanuary 16, 1990. Parking Analysis Consideracions
pages 1-B,
4. Valet parkinE shaLl be prohibited on the west end
of, the surface parking lot.
5. The Brew Pub shall not be open Lo the public until
after 4:30 p.m. for Phase I and II Monday through
Friday, !{hen Phase III development occurs
including the paiking structure, the brew pub may
operate during the Heekdays once Lhe parking
structure is avallable for publ.ic use.
6, the Beer HaIl sball not operate or be used by the
public before {:30 p,m. on weekdays, uonday
through Eriday at any line.
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't. Once the Parking structure ls consEructed, the.
parking and access to Area D sha1l be nanaged per
' the TDA Parking Report, Parking Management
section, pages 6 and ?., August 10, 1988, and TDA
Report, vail Brevtery Parklng Analysis Update'
dated itanuary 15, 1990, bolh firitten by Mr' David'
Leahy.
8. No loacling or dellvery of, goods shall be a]lowed
on tshe public righl-of-way along the South
Frontage Road adjacenL to the Area D developnent '
9. The or'rne! of the property and brewery rnanagement
shalt prohibit semi-truck and trailer truck
traffic to the Glen Lyon Commerclaf site' The
only truck loading that shall be allowed to the
site sha]l be vans having a maximum length of 22
feec.
X8.46.190 Recreation Amenities Tax Assessed
The recreational aneniti.es tax due for the development
within sDD No. 4 under chapter 3'20 shaLl be assessed at a
rate not eo exceed t$tenty-five cents per square foot of the
floor area in Development Area A,' and al a rate noL Eo
' exceed f,ifty cents per sguare fooL of GRFA in Developmenc
A,rea Bt and at a late not to exceed fifteen cents per sguare
foot of GRFA in DeveJ-opment Area C; and at a rate not to
exceed sevenly-f,ive cents per square foot of floor alea iri
DevelopnentAreaD;andshallbepaidinconjunctionwith
each construction Phase prior to the Lssuance of buildlng
Permlts.
X8.46.200 Conservation and Potlution Controls
A. The developer's drainage plan shall include a provision
for prevention of poflution from surface runoff,'
B. The deveLoper shall include ln the buildinE
construction, energy and ltater conservation controls as
general technology exists at the tine of construction '
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. C. The number.of f,ireplaces permitted shall be as set
forth in Section 8.28.030 of t,he Town of VaiI uuniclpal
' as amended.
D, If fLreplaces are provided nithin the developnent, they
nust. be heat efflclent ttrrough the uae of glass
enclosures and heat circulating devices as technoLogy
exists at the time of developnent.
E. ell $ater f,eatures rithln Developnent Area A shall have
overflor't atorm drains per the reconmendat ion of the
Environmental Impact Report by Janar Associates on Page
34-
f'. All parking structures shall have pollutlon control
devices lo prevent oil and dirt fron draining into core
Creek.
G. In Area D, a manhoLe on the brewery service llne shall
be provided so that the Upper EagLe vai.Iey Consolidat.ed
sanitation District may monitor BoD st.rength.
H. In Area D, the brewery nanagement shall not opelate the
brewery process during tenperature inversions. It
shall be lhe b-rewery owner's responsibil-ity to monit.or
inversions.
I. AII trash cotnpactors and tsrash storage areas shal] be
. conpletely enclosed within special Development District
4.
J. Protective measures shaLl be used during construction
to prevent soil erosion into Gore Creek, particularly
when construct.ion occurs in Areas A and D.
K. The two employee dwelling units in Area D shall only be
all.owed to have gas f,ireplaces that mee! t.he Town of
Vail ordinances governing fireplaces.
19,46.210 Additional Anenities and Conditions of ApDroval for
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Special Development District No. 4.
A. The developer sha]l provide or work with the Town to
provide adequate .privat,e transportation services to the
o$ners and guests so as to transpor! then fron t.he
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developnent to the village core area and Lionshead area
as outf,ined in the approved development plan.
B, Developer shall provide in its approved development
plan a buE shelter of a design and locat'lon mutually
. aEreeable to developer and Toern Council' sald sheluer
to serve ihe area generally.
C. Area A. Cascade Village
1.. tbe developer shall be responsibte for providing a
break-away bollard for the energency access road
between Eagle Eointe/Park lleadors, 1{?2 l'latterborn
CLrcle, and vfesthaven Drive. The design of the
bollard shall he lRutually acceptable !o the
cleveloper and Town of vail. This improvement
shall. be constructed when a building permlt is
requested f,or the Cornerstone' Millrace IIf,
Mitlrace IV, westhaven Condomlnlutns, waterford
buildings, or Cascade Club addition. The boLlard
shall be included in the pernlt plans' The
bollard shaLf, be conscructed subsequenc to the
issuance of a buildinq permit and prior to the
issuance of a lenporary certificate of occupancy
. for the cornerstone, Millrace III, Millrace IV,
westhaven Condominiuns, blaterford buildings, or
Cascade CIub addLtion.
2. The developer shall construct a sidewalk that
begins at the entrance to the Cascade CLub along
Itesthaven Drlve and extends to the west in front
of the lfesthaven building to connect nith t'he
recreatlonal Path to Donovan Park. The waLk shaIl
be constructed $hen a bui).ding perrnit l-s requested
for tfesthaven Condominiurns. the sideualk shall be
part of the building perrnit plans. The sidewalk
sha1l be constructed subsequent to the lssuance of
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a buil.ding .permit and prior to the issuance of a
temporary certificate of occupancy for West,haven
Condominiuns -
3. The developer shall provide L00-year floodplain
informatLon for the area adjacent to the waterford
and Cornerstone buildings to the Town of VaiL
Cornrnunity Development Department bef,ore building
pernits are released for elther project.
4. The conditions for Area A in Sections 18.46.020 B,
18.46.180 A. 1-?, 18.46.200 A - F, r, J, 18.46.210
C, 1-3, and 18.46.220 sball be set, forth in
resurlctive covenants subject to the approval of
the folrn ALtorney and. once so approveal shall be
recorded on t.he land records of Eagle CounLy. The
developer shall be responsible for subnitting the
written conditions to the tolrn Attorney for
approval before a bulldl.ng permit is request.ed for
the Cornerst.one, Mi]Lrace IfI, Millrace IV.
. Westhaven Condominiums, waterford buildings, or
Cascade CIub Addition.
5- ul].l.rac€ fv, scenario I.
a. Tbe developer shal1 obtain an €asemgnt from
tbe orners of the property adjacent to tb.e
eaatsrD boundary of the paoperty eoBnoaly
ca116d the CosgrLff Parc€l, which is roore
specifically defined in E*hibit A, attacbed
to tbis ordj.nance and incorSrorated barsia by
ref,erence. The eassments sball be rufficient
to per:mit tbs cosstruction, maintenance and
r€p1ac€lr€nt of rotaining ualls foa ths
puqposes of grading and bould€a ret€ntion alJ.
along the r€storn prop€rly LinE of gaid
adJacent prop€rty. fhe easemsnt eball ba in
.
a forn. acc€ptablo to tbe Tonn.trltorn€y, sball :
run ritb ths land, and sbalt be recorded on
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tho land records of Eagl€ gounty Prior to
DesLgn Revier Board revier.
b. Tbe develoP€r gball provide ths coudunity
D€v€loPment D€PartEent of tbe Sown rith
rlltten cous€at fron tb€ ttPPea Esgl6 vall€l'
fatea and Sanitation Dietaict per:ulttlng tbe
encroacb.m€nt of c€rtain deck3 apecifled la
tb6 develoP&ont PlaD for tb€ ltillrace Iv
coodoninlums. a3 8et forth in I 18'{6'1{0(18)
of, tbie ordiaance l.nto their aetser €ag€llent
recorded in Book 2U, Pag. 428 of tbe land
records of Eagle County. tbis consent gball
be aubeLtt€d prior to Das!.gn R6vl-etf Boatd
revier.
c. rhe develoPer sball recelve fiaal apProval of
tbe site grading Plan for the coartruction of
ttillrace Iv, Scenario I, froo the Town
Engineer prior to Design Revler Board revlss '
d. Th€ !.{illrac€ Condoniniua MaP, racorded at
Eooh 326, page 25?, of tb€ land rocords of
EagI€ County sball be aBsndad so tbat tbe
accsss €asenen! sboxn thor€on 3ba11 a1i9n
trith the pa€sent locatlon of tbe roadray on
the eeslertr ProPesty line of tbe Cosgriff
Parc€I, and ttre aroendnent sball be recorded
on th€ land records of Eagle Couaty '
€. Tbe dev€loPe! shal1 Lngtall 15 (6'-10')
eearEro€ns south of tL€ Soutb EroBtaga Road
adjacent to lLe ca3cade Club butlding, aod 5
(6'-10') €vergre€ns to tb€ soutsb of the
t{ssthavelr APartlant foundatJ.ona aad nortb of
lf€stbaven Drive. Tbe developar sball obtaln
tbe $rl-tteD approval of ths Colorado
DcPaftt!€nt of, Ei.gbrays (CDOB) peraittlng tbo
lnstallatloa of thEse traae alonE tb€ South
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Froatago Road prior to said installation. If
CDOX approvaJ. cannot be obtainod, than a'
mlnLmr:m qf 10 (6'-10,) evergreens gba].]. be
lnstallad edjac€nt to tb€ l{estbaven
eparta€Dts.
tbe developer aball Bpply for aod coepleto
tbe mlnor aubdivision proc€se for tbe
Cosgriff Parcel atrd a subdivision plat signed
by the Town of vail eball be recorded on ths
land racords of Eagl€ County p:'ioa to tbe
releaso of any bullding peraS.ts for tbe
coDstructlo! of any 8tructule on tha Cosgrlff
Parcel .
Landscaping along tb€ south and y€st property
lioes of the Cosgriff Parcel sball b€
raviawed by tbe Design Raview Board to insure
a suitable buffer area betresn it and tb6
oLb€r propBrties along said property lin6s.
Ihe Design Review Board shall rcview tbe
archit€clura and landscape plan f,urtber for
conpatibility witb tbe surrounding area-
Ihe developar and tbe adjacent prop€rty
orners shall suboit a landscapa plan for ths
area aortb of, tb€ Cosgrif,f, prop€rty to th6
Design Refj.€w Eoard for review.
j. tror purposgs of calculating Groas ResidentLal
Floor Area pemitted on the Cosgriff Parcel,
no cr€ditr of any kind (ov€rlapping aUails,
sochanica!, etc.), except for 300 rg. ft. to
be allowEd for €acb 6nc1os6d ltarhltg rpace,
Bhal1 be. given.
Glen Lyon Conrnercial sit.e.
The deveLoper .shall agree E.o construct a bus
lane per Town of VaiL standards in tbe area of the
porte-cochere of the Micro-brewery in Area D. The
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specific location for the bus lane shall be
mutually agreed to by the Area D owner and/or
developerr Colorado oivision of Hight'raysr and Tovtn
of, vait. The bus lane shalL be constructed
subsequent to Lbe issuance of a buil'ding pernnlt
and prior eo the issuance of a temporary
cerLificate of, occupancy for eiLher the brewery
addl.tLon, office expansion excluding Phase IAt
east office building, or parking structure- The
developer and/or ouners of area D shall be
responsLble for maint'aining the new bus laner
including snow removal . If the lane is not
tnaintained properly or snow removal is not'
adequate, the Toern will. no! provide bus service to
lbe site.
2. The developer shalL relocate the exisLing bike
path on Area D and provide a nen blke Path
easement across the Glen Lyon Property and CDOH
properly per the development plan for Area D'
The bike patsh sha1l be constructed per Town of
vail sLandards. The bike path shal] be
constructed subsequent to the j-ssuance of, a
building permit and prior to the issuance of a
tetnporary certificate'of occupancy f,or either the
brewery addition, office expansion excluding Phase
IA, east office building, or parking structure.
Such tenporary celtifj.cate of occupancies shal'] be
conditional upon construction of the bike Path
provided for herein. The bike path easenent shall
be repfaeted and approval obtalned from the Toltn
Council prior to the issuance of, a temporary
certificate of occuPancy for either tbe Brer'tery
addiEion, office expansion'excluding Phase IAt
east office building or'parking stEucture.
3. fhe developer shall underground the electrical
2S
',(t-o'
utilities along the north side of, the Glen Lyon
property from the northwest corner of the properEy
to the northeast corner of the property. Thi6
utility work shall be constructed subsequent to
the issuance of a bultding permit and prior to the
issuance of a tenporary certlf,icate of, occupancy
for either the Brelrery addition, office expansion,
excluding Phase IA east office butlding or parking
structure .
{. The developer shall. be responsj.ble for relocating
t.he 20 foot utility easement on the western
portion of Development Area D as well as obtaining
approval from the Town of vail for tbe relocated
utility easement, before a building permit is
released for the rnicro-brewery addition. ..:
5. The developer of the Glen Lyon Office properey
shaLl not file any remonstrance or protest agalnst
the format.ion of a local improvement. districL of
other financing nechanisn approved by the vaiL
Toern Council ?rhich nay be establlshed for t,he
purpose of building road improvement.s f,or the
South Frontage Road.
6. ?he developer shaL] provide a fire hydrant per
Town of Vail Fire DeparEment requirernents on the
northtrest portion of the property. fhe specl.fj.c
location for the fire hydrant shall be approved by
the Vail. Fire Department. The fire hydrant shall
be provided subseguent to t,he issuance of a
building pernrit and prior to the issuance of a
tenporary certlf,icate of occup'ancy f,or the brewery
addition, of,fice expansion excl.uding phase IA,
. east offj.ce building, or parking structure.
7. The Developer shall construct a deceleration lane
along South. Fiontage'Road per the CDoH access
permit. The developer shall submit plans f,oa the
-
.29
(I o
South Frontaqe Road improvements to the Town of
vail Engineer for review and apProvaf before a
builcllng pernit is released for eitber Phase I
excluding Phase IA, II, or III construction'
8. The conditions f,or Area D in sectlons 18-46.180 Dt
18.45.200 A, E, F - K, !8.46.210 Dr 1-7, and
]-8.46-22O shall be set f,orth in restricLive
covenants subject to the approval of the Tovln
Attorney and once so approved shall be recordeal on
the land records of Eagle CountY. The developer
shatL be responsible for submitting the written
conditions to the Town Altorney for approval
before a buiLding perrnit shall be Lssued for tbe
Micro-br€rery' office expansion excfudi'ng Phase
IAr east office building, or parking structure.
9. The ninor subdivision for Area D 6halt be
developed Per the following conditions:
a, The development of parcels A, B, C, and D.
shal.L be limited to the SDD No' 4 development
pLan and governed by the sDD No. 4 ordinance
as apProved by the Town of vail and on file
Hith Lhe DePartment of Conmunity Development
or as amended and aPproved by the Corununity
' Developmeng Departdent. Planning and
Environmenlal Corunlssion, and./or the Vail
Town Council.
b. The minor subdivision ptat shall include a i
statement t'hat developnent of, the four
parcels shall be governed by the approved SDD
4 developnents plan for area D and governing
ordinances.
c. The Community Developnent Department and
Town of vail Attorney shal.l have the rlght to
review and require changes in any nAgreet0ents
of Tenanls in Conmon", "Conveyance of
.
30
', '( ou I
Easenent and Party wall Agreements", and any
other easement or or+nership agreements
reLated to the development of parcels A. B,
C, and D to ensure that the four parcels are
i
developed per the approved deveLopnents plan
in SDD No. 4 Ordinance.
d. The developer shall be responsible f,or
replattlng the 20 foot utillty easement on
the Festern portion of, developmene Area D as
well as obtaining approval from the To$n of
Vall for the ner.r utifity easement before the
ninor subdivision plat is recorded. Any
nodifications or amendRents to the ninor
subdivision conditions of approval agreernent,
shall be reviewed as a major anendment under
the procedures outLlned in section 18.40 of
the Tordn of Vail Zoning Code.
e. The conditions f,or the minor subdivision in
Section 18.45.210 (D9) A, B, C, and E, sba]]
be seL forth in restrictive covenants
subject to the approval of the Town Attorney
and once so approved shall be recorded on the
land records of Eagle County. Tbe developer
shalL be responsible for submitt.j.ng t.he
writt,en conditions !o the Tonn Attorney
before the ninor subdivision is recorded on
t-he land records of Eagle County.
10. The entire GIen Lyon Office Building and
Breeery Building shall be sprinklered and have a
fire alarm detection system, To!,rn of ValI Fire
Department approvaf, of the sprinkler and fire
alarn syst,ens shalL be required befole a building
perririt is released for Phase I excluding Phase IA
or II.
11. The developer shall subnit a set of amended plans
to the Colorado Division of Highways for review
31
(fi
and aI . The improvement.s on CDOH ProperLy
proposed by the developer must recelve cDoH
approval before Phase I, excluding IAr If, and III
are presented to the ToHn of Vail DesLgn Revl-ew
Board for final aPProval .
12. The east building includlng the two empLoyee
dwelLlng units sha]L be consgructed vrhen the
parking struccure ls built to ensure thac the
ernployee units are bui1t.
18.46.220 Enplovee Housinq
The develoFment of SDD No. 4 will have inpacls on available
€nployee housing within the Upper Eagle valley area. fn
order to .heLp rneet this additlonal employee housing needt
the developer (s) of Areas A and D shalf proviie employee
housing on site. The developer(s) of Area A shafl' build a
raj.nimurn of I employee dweLLing units withj.n Area A l{esthaven
Condoninium building. Each enployee dwelllng unLt in Area A
shalL have a mininun s!{uare footage of 548 square feet. The
developer of Area D shall build 2 employee dwelllnq units in
the Area D east building per the approved Plan for the East
Building. In Area D one employee dwelling unit sha1l have a
minimurn GRFA of 795 square feet and the second enployee
dwelllng unit sha1l have a minirnum GFaA of 900 square feet.
The GRFA and nurnber of empS.oyee units shall not be counteal
toward allowable density or GRFA for sDD No- 4- In Area A,
the GRFA and nunber of ernployee dwelLing units shall be
restricted as employee dwelling units for 20 years plus tbe
Iife of Tiffany chrisLine l,o!'renthal f,rom the date of flnal
certif,icate of, occupancy for said units. The tlro employee
dhrelling units ln Area D shall be restricted as rental
employee dwelling units pennanently. In Areas A & D the
following restrictions shall apPly to all enployee dwelling
units: The employee d$e}]ing unit shall not be leased or
rent,ed for any period of less than 30 consecutive days, and
that lf reneed, it sha]I be rented onl'y to tenants lrbo are
o
apProv
32
"t \s tl
. . full tirne ernployees in the Upper Eagle Valley. The Upper
Eagle Valley shall be deemed to Include the Gore valley,
'llinturn, Red Cllff,, GlLman, Eagle-VaiI, and Avon and thelr
aurroundl-ng areas. A fuLl tlme empLoyee Ls a person who
works an average of 30 hours per week. rn Area .i. if urt
enrployee dwelling uniL is sold, it shal.l" be sold only to a
fulL tLne ernployee Ln the Upper Eagle Val].ey- The owner
BhaII occupy the unit or lease/renL as per the requiretnents
in this section. In Areas A & D the ernployee dwelling unit
Ehall not be divided into any form of timeshare, inLerval
. ownershlp, or faactional fee ownership. A declaration of
covenants and restrl"ct.ions shall be flled on record in ttle
off,ice of the Eagle Counly Clerk and Recorder in a f,orm
spproved by the Tonn Attorney f,or the beneflt of Lhe To?rn to
ensure that tne rest,rictl.ons herein shall run with Lhe Iand
hefor'e a building pernit is released for the construcLion of
the employee uniLs in either Area A or Area D.
1S.46.230 Time Reoulrements
SDD No. 4 shall be Eoverned by the procedures outtined in
Section 18.40.120 of tbe ToHn of Vail Municipal Code.
Section 4,
If any part, sectlon, subsection, sentencer clause or phrase of,
this ordinance is for any reason heLd t,o be invalid, such
decision shall not affect the validit.y of the reruaining portions
of, this ordinancer' and the Town council hereby declares it woul.d
have passed lhls ordinance, and each part, section, subsectlon.
sentencer clause or Phrase tbereof, regardless of the fact that
any One or nore parLs, sections, subsections, sentelrces. clauses
or phrases be declared invalld.
SscLica-l,,!.
The repeal or the repeal and re-enacttnent of any provlsions of
the vail Municlpal Code as provlded in this ordinance shall noE
aefecC any right which has accrued, any duty imPosect, any
viol.at j.on thac occurred prior to the ef,fective dale hereofr any
prosecution commenced. nor any other aclion or Proceeding as
33
t I
conmeneed under or by virtue of the provision ".epealed or
repeared and reenacted, The repeal 0f any provision hereby shall
nol r€vive any provisl,on or any ordi.nance previousry repealed or
su;rerseded unless expressly stated hereln.
Section 6.
AIl bylans, orders, resolutLons and ordinances, or parts thereof,
inconsiatenE. herewith are hereby repealed t.o Che extent only of
such inconsislency, The repealer shall not be construed to
reviae any bylaw, order, resolutlon or ordinance, or part
thereof,, heret.ofore repealed. XNTRODUCED, READ AND PASSED ON
rIRSt nnADIIrtc THIS l9rh day of
No*.oober_ , 1991. and a public hearing shall be held on this
ordinance on the 3rd day of Decenber , 1991 at ?:30 p.m. in
the Council Chambers of the Vail Municipal Building, vail,
Colorado .
Oralered published in full this lgrh day of Novernber _, 1991.
ATTEST:
TNIRODSCED, nEAD Al.tD APPROVED ON SECOND BUBIISHED bv.rltle 1[is r..3rd da!
READING AND ORDERED of Decernbet I 1991.
-t
A. Brandneyer; Town Clerk
ATTEST:
34
4..
BeqlnnLno at a point on lhe ltes! Iine of, sald Sll 1,/4 NE l/'t rron wtitc!r tl-re North one-qu3rr.cr ."inii"ir-loii-i.Iiii"bcars 'orth 0ols. Easr-?i6?..ts f;;i; -il,en". rror:tr ool5. Easi,along said l{est line._-f ?.i.39 feet io a foi;rt orr Lhe sourheas!e ::y
1igh.E of llay line of U.S. lghs.ay llo. 6r thencc, Elong siia-'sout.heasterly right ol way 1ine,'as ioiio,r",
North 520?7' East. I02.31 feec;' lror ch 490?o, easr, gtg.S?lieeel ane North 4BoI3..East, 5,t9.Og feet, more or 1ess. to a pol_nt on the North line of sald SN I/4 uE l/.1 ; ih.nce llorth SgoJt,E.st. along the North. line oE said St.t 1/4 NE, gOS ieet.. u,o." o.ress' to a pornt on the cen-,-erl:ne of 6ore Cree!.i thence, alonq the centerLine o! core Creek. as f ollor.rs:
Sourh f 6049, tte.si, tol. O{ f e€b,South l8o?1, t tjest. 5.1 . O8 f eet ;Soutlr Lo?il' ttest. 203.02 f eeL,souLh 12o10' l.lest, 110- 25 ieeL; alrd sourlr ?Bo4lr li'est, 242.J5 fee!, thence Souih ?5oI5.l{est, 1064.10 feet to the point of beginn:;ig.
Ilosc larccl 3.190 acrcs
A trset of, land siturted ln the Stit-.ltE\ of, Section lf,,TP 5 S.. R. 8l l{., o.f the 6th p.}t. , 1;,in9 Sourhelty of that ce::3in trlct of }and describeri in Book I9i, i'agi 19?, Ilori.herly and tlesterly of the cenier Line of Gore Crei!:, anri 1i,ing tloitlert:r and Easterly of those certaln tracts described in so6k itt at pag-e 106,Dooh 2ll aL Page f08 and Bool: 215 at Fage f,65. described as follor,rs:
Beginning aE a point on the t,lorih-South center o! said Section 12 vhence bhe North quarter corner of said lZ hears N. 00015t E. 2269.48 feert thence l.t. ?5015' E. 346.26 feer to the true point of beginning, said point being on the South line of, Lhat tract described ln Book 199, Page 197 and slrich bears S. 08036t E. 2205.3.1 feer f-€m the |rprth quarter corner of said Sec:lon 12i thence N. ?5oI5' E. ?1?.84 feet. along tlre SouCherly line of tlrat lrracg describedl ln Book 199, Fage igl to the celter of Gore Cre ek r
thence S. 2go4lr W. 130.61 feet along the center line of sa i(l Cr€ek t thence S. 05oZ4rfOo D. 104.50 feet, along the center trlne of sald Craek; ..- thence i. lgoZg, lt. 95.50 fee! along the cent9r llne of E. idl Creek t
- thence S. 22('34' t{. 124.47 feet along tbe celrler llne of sald Creek!
- thence S. 5!lo00r tf. 119.34 feet along lhe cEnter Llne ot sald Creekr !o Ehe Sourheast corner of, thaE iurt"fn Ciiit of land dcacrlbed ln Eook !11, pase I08r thence N. 33t,16'30,, $. l{0.12 feet along the Easterly Itne of tlrot tracc described in Book ?II aL page l6a;thence N. 52o42.30. l{. }69.88 feei itor,g itre NorihcaEtcrly llne of that t!act descriuect-In So"i'Zii-"t page I0B;tlrencc N. B6002ijo. w. 162.92-teec along-the Ho'rtherLy-.llnc of thosa t!!cr's described rn Book zlr-;a lige-roii s;ok rrr ag Prgc 106 Co a polnt;i thencc N,,3lo5?r30" t{. 76.08 feet along the NorthcaBr,crty Llne of. that t,rac! descfibed in gootr ZIS at page 365, !o thc poinr of begj nntng.
t
't
E:IIIIBIT "A"
KOELOEL PROPEP."I
DEVELOFI.II:IT AREA A
S-il-,!$, lz.lio acre:
, ._ I parg of the Slil l,/4 HE tl4 of. sectlon 1?,TonnshlP'5 south, Ronge BI l{est oE thc 6llr p.}1., desi:ibed as f oI lours :
Iine
Sec Eion
35
I L
lle€de ?a rcc I
-): '.''.' "'t
Countv of Eaqle and gtDt€ of Colorado, to vlbi
^ trsct cf, laDd iltuotc,j ln ttre slrhNE\ of Scctlon 12, To"rnslrlp 5 !
56uelr, tlotrge SI l.lest of the 6hlr I'ritrcibcl llcrldian. deserlbccl
as f gllor{g: Beginnirrq at a Polllt on th€ l'lorttr-Soueh cenLor
line ot soir,l Sictiorr'12 ruhcncc the Nortl\ Qulrter Corner of saiC
Sectlotl l? bears llorth 00 degs. I5 mLns. Eost 2]69.48 feett thcnce
Iortlr ?5 degs. l5 nini. east'146.26 fee!; thence sout'h 32'degs'
5? mins. 3C'secs. eist;4.08 feeu: tlretrcc South 1I degs' 00-nins'
f,0 6ecs. I'tesE ??9.99-ieet to.a PoinL ln tlre centcr of core Creel"i
thc €e Norbll 5o <teqs. 32 rltrs. ttesu Ill-ll feet along tha cen:er
Iine oF saio creei.i-it,ttt.o tlorth 3B deqs. 40 nlns' ttest 239'09 feet
along Ltre cenLer lirre of said creek; thence South 76 {"g".35 rnins. t{est 89.9I ieei atong the center line of said creek to a
point on tlre tlorth-SouLlr cenEir line oE said Sectiotr 12: thence
i'torth 0g degs' l5 mins' Eas! L3'95 feeE a1on9,the .llorth-south Eerrts! line-of said secriorl If bo the poittt' of beginning'
I.250 acr es
16.820 ac:es
80.?00 acres
Total
GOT,E CREEK ASSCCItrTES PP.OPERTY
DEVILO!:\IE:IT AREr\S Br C & D
'.eoil Desc:iJcion
,\II that part o.f Sectlon 12, Tornshlp 5 South' Range 81 tfest of
tlre 6Lh P.!1., described as fol.Lors:
J\II that par'- of the NtiNElr ot Sectioll .12 ' lying southerly. of the 'cli tt,"" iv' "ig he-or-rvay'irnr- "r- u. i. ltig hru".'- tlo. 6 and Northerl:i
"i-iii.-ii,r:hirry rin-e'oi-lila-N',rrif , ui Eh-or.rn on the plat on file
i; ;i;;;iii;; oi ttt.-c"tre couniir crerj" and Recorder as Dosunebt
llo. 9?rt89, described as foLlor'rs:
ileiiii"g'"1-Lt.-rtrgni'"v-*"ittv t?nYT"": at the intersection of the
Soutlrerly line o! said irighr+ay and the Easterly line oi said
lt\l,tEk, shence tl,. rroiilei;t;;t;"= of 'said section 12 bears Norlh
0rio.l j'ttest 614. ?85 feet,
tlrence south ?3026'i6;-w.tt l'112' 13 feet along the Southerly right
of wav ltne of said highway;;;";;'" iiiiit'-io"ll; i'r;it 1i3'10 reet alons the southellv rieht or
tlav line of sald high!'ayt
tlr6nce south 69a25";j;;i'1oo'00 f eet' along tlre soulherly rlgtrt of
iil"l:";"i[n"tt$rl*nliX3{'roo.oo reer alone rlre sourherrv llne or
aald hlqhtray t -i;;;.;-til;ir'ezors' 11esr 100.00 f,eet alons the southerly'rlsht of
tii,::";oitn"it*nt*n*il"rtroo.oo reer arons rhe sou*rerrv rrshc or
$t",,::":":[n"ltgo!+t*:lv.troo. 00 reer alone rhe sourherry rtshr or
rrav llne of ta ldl h5'ghuaY;H'".;:'-;";lr,-sr"lii'iieli'roo.00 f eer atong the southerlv rlght of,
vav llne of said hlghtraYl l;I.;;";";il-liosz;"w"=i'zrz'58 feet arone the southerlv rlshL or
;:;"ii";-;i sara hrsi;itv io a Pornts on ehi soucherlv llne of sal'd
tllj::l North 88ol3r East '[e?.67 teet arons the sautherrv line of
eald NhtlEk to Elre ""ii"i or-ile llst or-eaia sectlon.lli,-- 'thence ttortlr 88o3f,i-iast 13?9.15 feet afong,.the. souLherly llne of
""ia-irrrrri to the SoutheasE corner of-sald N"NErri. r.. ir--i'nii.i-'iiiici-o;iii'-i"ri-zao.e5 reet, alone the Easrerlv Lihe of said
rliifiii-ti-ii" rntutt."lion.wlth the southir]y rlne of sald
hish;"t; lr,e Por"t' ef beglnnJ'ns'
36
t
co:rTri:uco
AND
'&11 th:rc Fart of t,he st'lhNEl of section 12. lying sourherly of
thG cenCor of Gors Cre€k aE slrown on eha ploc on f i.le in thG offlcc ol the. Eagte CountV Clerk ond Rccordci as Doculnent tlo.
9?.1g9 . dGsciibEd as f ollor.,sr
Bedinnlng at the Northeast, corner of sa j.d SHYI|E!;thence South 88o33' l.leab lll.6? feee Eo a point in the center of said Cresht :
thenco South {OotJg' l.les! 9.t,04 feet alc,og blle €cater of said Crg*k:thencc SouEh l8o2t' l{esE 5{.08 leec along tlre ccnge! of sa.rd Crcel";
Eh€rtce South loi{' lte5t 205.02 feee along the ccnter of said Creek;
thence South 12"10r l\'est 1I0.?5 feet along llre center o! sald c:eel'.i
thence south 28o.ll' l{esE 320.00 feett
thence South 502.1 '30" Eas!r 170.00 feet, along the center of said
creeli r thence soLth 2?ooo'02" lfesr 85.2{ leet along the center of said
creek ;thence South 3{o00r llest ?59.3,1 teet along the center of said
creek t j..i-il:r
.thence s9uth 6503.1 r l{est I09.62 feet along the cenier of sald
craek;thenee South 6990.1 r l,test 186.13 f€6ts alonq the center of said c:eeki
th€ncE South 850!5r lrest.68.88 f,eet along the center oi salri cre:k;
th€nce tlorth ??o35' llest 26,96 feei along the cenEer oi said cise!'.i.
thence llori.h 50032r l'les., 199,19 feeE along the cen'.er oi salc c=eel:;
thence Nor-.h 3Bo40r l,les-,- 239.09 feets along the cen:er oi said c:eek;
thence South ?6035r ltesi 89.9I feet, alonq the cenLer of said c:saki
to a point on the lrest,erf y line of said Sl'iki'lE\:
tlrencl South ool5t tresi. 441.90 fccE to ttle center of said Secticn 12;
tltcncc North 89.0?' East llU2.63 fceE along tl)e SourlreJly linc oi
said Slt! El to the Souihesst corner of said Slilillf,tji
Ehence Norgh 0006r East 1384.32 feeb along the Easierl:.t line oi seid
SthllE! ta the Nori.heasL cor;'ter of said Slil.rllEY r the Poi:1t oi
beginning.
AIID
Thc N$lrsEt of section 12, Torvnshlp 5 south, Range Bl ''t'tu"t of ch"
6th P.ll.1
AND
. All Ehat part of the SELNI'lli of, Section 12, To'.rnship 5 South, Range
8I I'test ol the 6Lh P.lr., Iylng southerlli of the southerly right of
vay line of u.s. lrighr';ay No. 6,- as shor'rn on the plat orr file ln the
oflice of, the Eagle County Cler!: and necorde! as Docunen! No. 9?499.described as f,ollows:
f,
I t
(
Beglnning at thc,|€a Ssuth
EaJd SE'.NWk
Itlghway I thenca North of way line
SEtfitib i theiee gouth
EEtiNllk to the
beglnnlng r
EXCDPT THE EOLIOI{II.IG:
that Fatt described tn Book 188
the Southeas t corner of saidl SEhllltt t
89oo?. l.lest 815.95 f,eet along the southerly IIne of to a pbint on the Soutlrerly right of, vay llne of Eald
5eo35' East 1g5?.07 fee! along the southerly righL
of, said highway to a P6int on lhe Easterly line of said
0ol5t West 628.21 feet, along the Easterly ltne of sald
Souiheast colner of said SEhllt'tl , lhe point of,
at page 545;
at page 24I;tha t.
thu ts
pAlt dEscribed Ln.gook 191
part de;crlbedt ln Boolt 203 at Page 23Ii
,f,
l't
co:rtI:!uED
t.hs f Farg deeetl.bed ln Eook 2ol at page 53I;
tlu! c€rEaLn lstand adjocen! to the above-rlescrlbed.propert'y. "ni ili"t"a in the *ieate-6t core c!ee!'.f ulrich thc Par:ics inLend
to €.tclude trcm this trlnsac'-iot;
Eourty cf, Erg I€ ,scaLe of colorado
ALSO TuE tolt0:tlilc pARCuL toPi'iiP.L'f n{oxil AS rE 'CotGilF; PAEC:L"
l ''-
A tract of land situated in the St{ 1/& Nt 1/{ oi
;";'.;;; ii.-io'"it'rp 5 soutn, Range. Bl..llest of
il';'e;; i'ii".iprr ttlridian, lvinS-.tlorEhuesLerlt
il-ct'," ..tt.", ii.," of Gore CreeX descrlberi as
follor.'s:.
Eesinnln! at 3 Doint uhence the l{orth^Quartef
;;?;;;"d? =irE 5".iio" l? bears-rr'-ll'03'L"
izgi-iz reet; tlrencu-i. aa"oz'1!"^t'.69'50
;:;i;'ir'"."i s, 5q'+z;lo" E' 169'E6.rretr thencg
i:';i.i6:lo; i- iqo.iz te"t to a point in the
iunil.'ir-ia;o ..d"i.-tr.''ncE s' 63'34' 1"' 109'62
ii: i,i I,it'",i ;i,,:;Et i a
" I I : !,i i -ii,:,'.lii:! :, :: ;":?
sajd creek: thEnce ir'-il;i2'50' t'J' .31? '54 fe:t
ii'it!'pii".-.i t tginning' cootaining l '05 acret '
r,ori or'tets'
FLSO DESC-r.]EiL
*?l:l':?:;';E:;t}'!'iili,lii^$:'ll;!ii:t'.;
ItH#il" il ;ii it,,i:,fli ;il{,itir;_.
i ni:: : l::i;ilti:i;'i, "iri= r*i::.;i, iil,;ii,l-'centEr I tne ot EEI
li. 3lt.(r9 t"8! ro it'i pcint' of beE!nntng'
TOGETI|Er. lilTH rD-Ge$€oent as desctlbed tn'Docu:renr
;;;;;;; 4uqrst t.-ii5i'-tn Book 306 at Pane 443
6nd recorcro ,'' 5i't'('iil'it-iiat 86 of tht
Eagl t C,ount Y recoros'
ALSo lncludlng. sll usEer snd uell .t{ghcr ' :
"oourt.ntnt tb thc above descri,bed ProPlrty '
; l;;il;;;";'r it'out-ri'i titi on '
f:l1 ,Ferni t l{o '
94;702. riatet r)6.'ti-E"it""d in.Civll Acilon
ili"iizi- i"' c" si --it"'ii-pi s ir i cr,Goutr' and
el I rhat port5.or.,-oi-ttii'""- Iiil:: -decrced
In
cgse No. eu c'w qti, Hater.Dliision tio' 5'
i;;;-"lt;.-i u"ri ''tr'05 ctr)
38
t7
1
rl
MINUTES
VAIL TOWN @T'NCIL MEEIII'IG
DECE}IBER 3, 1991
7:30 P.M.
A regular meeting ot the vail rown councilwas hetd on Tussday, Docember B, tggl, at zg0 p.M., in the council
Chambers ol the Vail Municipal Building.
MEI,€ERS PHESENT:
MEMBERS ABSENI:
TOWN OFFICI/IIS PRESENI:
P€gpy Ostertoes, Mayor
Bob SLrcld€t
Ton s:leinberg
Rob Levine
Jim Shearsl
Men Ladn, Mayor Pro.Tsm
Jim Gibson
Ron Phil,ipo, Town llanager
Larry Eskf,ith, Tonn Afiomgy
Pam Brardmey€r, T*n Ued(
The {irst item ofi lhe qends was Citizon Participation, ol wtlioh thsre was none.
Second on the aBenda was a Consert &enda con$isting o, thtse its'ns:
A. Approval 0t Minutes ot Novsmber S and ovsmber i g, .l9gl
, evsning meetirys.
C. ordinance No. 46, SBries ol lS1,second rerding, an ordinance amending he plan Dodrment ot
the Town of Vail Emptoyees' Pension plan; and setting todn &t8ib in ega.d thereh.
Mayor Ostetfoss read the tiths in full. Tom Steinbsrg [pv6d h enprove all [ems on lhe CorEent Agenda, wifi a
$ocond flom frob Levine. A vote was laken and the motbn passed unanhlcusv, t0.
ttsn ll0. 3 on lhe agenda vras Ordinance No. 45, Serias o{ 1991, tirs eading, an ordir|ancc r6p€sli|q and reenacting
Chagler 3.tf0 - Sales Tar ol the Municipal Code ot lhs Town ot vail; and sotir€ brth detaih in r€gard thers. Maygr
08terf€69 read th€ li{e in lu[. St€vs Ttxcm@n.sxdair@ the m4odty ot fi6 am€rdrFntg bttrsoods uere m€di kl
. otdE to adopt several unitorm amendmen$ as proposed and adodgd by the CML.Boad of DiGcbrs go lhe Coh.ram
Associalion oJ comnerce and lnduW (CACI) would uclude tom trir expendikre fimihtbd bill stsh cort$l oyer
all municipal sales taxes. He added all hone rulE municipalirlies ttal sef colFc{ sebs tax were a&ditq th€se
amendmenls to help simdily the tax coltedion p@ss. the amandnen& tto nol d|arE@ the To*n,s tax basp, and
wBIe sxp€cled b have ns impacl upon the total amount ol lareg oollgcted by ths Toiln of Vail. Sew brHV Gvle{sd
ths six atnendmenB summatized in his memo daled lbvernber 20, 199.| ti Torrn Courcil Rob leVine iuestbnco
whether lhe delinitron ot lo0g lerm refltal was chang6d, and Stsve Ttompon Baid f€ mjkt researsb the q|s6thn
tltlhel beiofe second reading. Tom Steinberg tnowd lo aFpDve Ordinance Ho. 45 on first rosding, rvift a sscord
lom Jim Shearer. A lote was taken and the motion passsd ufianimqusly, S"0.
lEm N0. 4 on tfte agenda yras Ofdinance llo. 4Z Sodes o{ 1991, lFrt urding, an ordhanoe anandlng Sction
18.52.170 - Leasing ol Pa*ing Spaces, ot the Vait Municipal Code, and se ry iofih &tail$ in regard thgreto. lho
applicants were Pder Jeobs ol 0ays Inn and Alan Lyborgar o{ fhffiy Car Rentd. luayd O6te*oss reed fte ti e in
fulL Afdy l0udtsen rsvbvied the Communlty Dwelopmailt Departlteflt's mflno b ihe Phmiru ard Ennironnenhl
Commission dal6d l,lowmbet l l, t991, describing spedlic dtarEes b the code snd ofter housak€s$ing dlangcs to
clarify the ordinanco. Alan Lyberger ol Thrifty Car Fsnlal said ho hnl Gc€ivd e ca[ lro,m B€By Rosol€ct mlitying
him the zoning code did nol albw a commerciat car lEnhl business to bB opsrsed Aut ol fte pafting tot ol the oeys
Inn Lodge, and he requested an al|tsnd|nent to the ooda so his h,sineg$ wr,ts ba uittrh code. Alter dsqlssion
irEluding a que$bn trom Tom Steinberg as to how the number ol parking spaces wefg ftt€min€d, Andy adced lhiB
otdinance only allo$s for applications which rvould still requko ravieyr pdor to aFproval, and uhich isuld be radafle0
l1
rl
s{}en l6a8€6 f,BrB tandsed 6ach year. Rob Leyine thsn mot€d to rpproE @inarEe }ft. 47 on first readi|E, rdth
a second lom Tom $einberg. A wte was laken and the noiion per66d manimo$ly, $0.
letn l,lo. 5 on t|.9 agenda was Fesolutirn t{0. 28, Sed€s ot .|99t, a resolr.rtior} dedaring thB intention ot tk To n
Co{ncil ol the Town ol Vail, Colorado, tic neata a local lmprovsment D!*rit commbdy rsh.red b as "Utility
Un$rgouM Disfid f'lo. 1', within the boundades of lfte Town ot Vailbr fB purposs of convefiir€ existing $rerheao
slectric {acilities lo undeBound bcations; adoding the dehils ard Epw1i:slions therclore; a|d ordsring puUtiXiln
and meiling of nolica ol hsating lo he owners ol ltre gopeily io be assessed tor the imp.or€rEnts in saiJ Diglrid.
Mayor &€rioss read ths tfrle in full. larry E3k$rith not€d thE ordinanoe provi&d br n6tb O Ae sant U proper:y
ofrnefs within ths poposed Distrn regading a F$lb hearirg on ths proposed inpowmenh as wellas miice thsrr
ptoperty uouH be assessed for lhe cosl d lhs imForemert. He addod rdcant lds NDuld not be ass$ssd, and HoV
Aoss $4,1d bs buryitrg lbe main cable at no i;oo. Peggy O*eftse asiGd it the c0sl xfas bsing dtvided equary. larry
advised i! was. After bdd discussion, Rob Levine mwsd b apgD're ResoMirn llq. po, wlrr a swnit tr6m Tom
Steinberg. A vole was taksn $d ftE motion pas8sd unsnimousry, $0.
There bOing no lu hsr businsss, a moibn lo adFum the mesting was mado and pes€d unanimoully. ThB mee1ng
r€s adoumed at 8:10 p.m.
Respecilully sr.funified,
AITEST:
/.1 /W{exuA&lulp
Pamsla A. Biandmeyer, Torin Cleft
Mid'{6 blcn by tbn$no S. Deto
C:Llll'15.123
1A
;i {
I
ltslrTEs
VAIL 1OWN @IJNCIL MEETING
ITIOVEMBER 19, 1991
7:30 P.M.
A rogular meeting ol fte vailrorm council waE held on Tussdsy, November 19, .|99i, al zB0 p.M., in tho cound
Chan$e|g ot the Vail Munilpal Building.
MEI'BER,S PRESENT:
TO{IIN OFFICIALS PRESENI:
Kenl Fose, Mryor
Tofir $sinbeE, Mayor Po.T€ffi
futrri LgVine
[r€{r, tapdn
Lynn Fritrlen
Peggy ostados
Jirm Gibsoa
Boo Phillips, To0n ftlamg$r
Lany Eskwith, Town Atbmey
The first itsm on the ag€nda w* Citilen PartiDipalion. As lhis me€ting b€g8n, rcbs trom fie dat's reouhr muflirllal
effibn $ero being oounted, and oan corcoran and Jay p€tBtBon thariled-MeN upin, rom $eiitergl Lynn FfE[n,
8nd Mayor Kent fo6s br lfteir seMce on the To*n Counc . l(ent uff rocognid for fiis dedicdion a;d orren, alrd
reo6ir/€d a standing otalirn.
Sscond on thg agen& was a Conssnt Agenda conslsting ol three itsms:
l, odinarpe llo. 43,. serbs of 1991, seoond reoding, an ord[narm mondinE chsptsr rs.04,
Dejintion& ol fie Munrcipal $!e { h9 Town ot Vait ry the addtbn d S€dion 18,04in, sstting toft a definition for dafi ptodds; by the addilion of Socilon '18.04.289, sedfiq lodh a delinition lor
'S€6onal Plant Prcd$'t Bueiness"; smsnding Sectbn 13.30.$0, tlBsvy Saffl6 Digfilt Conrltir:nat
Us6 d tha Muniipat Coq ot fie Toun d Vail ry ths ditbn d paE$@ T, $easmal planr
Pmdud Brciness; and sstting lorth d€fails in regad herEb. (Applican[ RiciEd D|fihgff{csr vail
Texaco).
B. Ofdinanoe No. 42, &tus of 1991, se6nd.@ing, ar odinanoe artfrorizing ttu isarance d Torrn d vair, colorado sares Tax Rsvenue Bonds, $eries 1991; pmvkfng fte fom, brns snd condtions
ot the bon&, the mAnner and teflns Ol is€uance, lhe manmr Ot €ili,dltbn, the mothod ol payment
and ths security hefetor; plB4ing a poilion of ttre sal€8 hx pruo€s& of me tcrm and ttie na
rerenues deri/ed ftbJn t9 parkirq Facitity tor fie parmont of sail bor$; Fwiding o6|hfi
ooYsfi8tfis and othet delails and. makiru olher proyisiom rorEsrnlng he Oonde arid trs ai4paeO
sales tax rsvenues and n6t cvenu€s; rdfying action prsvio$ry taken and Qgertaining ther6; anil
.
.repeding all ordinarEs in contfrS hs8vrith.
C. On$nanc6 No. 44, Fsrias ot lggi, $acond Eadhg, sn odinarcg snendng Odtran', lb. 29,
Seri€e 0f 1991, Jslating tolhe Torn ol VailSatosTs brenue Bond8, Sed6s d tggg.
Mryor fuse read tha tilhs in full. idqrv Lapin nared tu am{sre all flons on fis consent d0enda, wffi a s8cold comi|! iofli TorD $aiflbsrg. A vots uas teken and fis mottrri pasosd unanirctrdy, 7-0.
I .t
".I
a It6m ilo. 4 on the agenda {as oKfinamg }b. 46, s€d66 ot i991, tiGt rsadrg, an ordharcB ffi€ndit€ the phn
Dodrftert ol the Tqrm ot Vail E npbyoe's Pension Phn; anrt sElting to{th doarF in rugcrd tlErdo. Mapr Rose.road
the lille in full. Slao Thonpeon ordainsd fie specifics of this ddlnance, inchdrE lhil tt$s ordinfle inrolwd a 6c6
ffi$tiotl fom second €mdoyeB s pay which would bs put in lho ponsion plan, repla6irE the eRt ot seeson bodu$,
Mc|v Ffin clcd it srngloysBs ha\a a dlobe as to hos, ths monE is inved€q end r* edvised onty il finy are o,er
55. Jim Gibon moved b appnve Odiname l.lo. {8 on fi|s readng, nih a s€cold comftU fiom Tom StsitbsQ. A t@ r,as takofi and th€ motion p$sd unanimotdy, 7-0.
[em ],10' 5 on lhe ag6nda was Hs8d$bn lb. 24 Ssies d t901, s rsgolutbn ad)oririr0 lhe Town h im,€d ib
sutplus tunds uilh ofi8r govomnenl enliliGs in CENTRUST (fomsrly JEFF|RUSI); and $ttilE lodh dstsib in regad
thsteb. Mayor Rose read lhe tille in full. Slw6 Thomp6o[ noted he had tuilh€r r€so$chd CENTBUSr as Coincil
had rwe€ted d tlB Bwning mesling on 0ctober 1 , 1 991 , uhan R€6olution tb. ?0 was labldd. Anef disslss'ron. Tom
Sdnbaq morcd b apForr6 Hesolution No. 20, wilh a secortrl ccnring lrom Rob loVhe. A rctB was tal€n ard the
mdbn lail€d 2-5;Jim Gibeon, filerv Lapin, Peggy oslsrks, Kent fuse, and Lynn Fritrl$ omossd, hetidg fie ddr
faclor ua6 t@ great
ttom l,lo. 6 on ths ag8nda was R€soluthn flo. 22, Sedes ol 1991, N Bsoludoil apFroytng the $nebcape Masbr Har tfi the Tom ol Val; and eattiru loilh detalls in rGgard thorub. MaFr Ros6 lBad the tite in tutt. Mlfe lhllica Ond Kislan Fritz elphined draf,ings d mrp6 wore not inotudsd in t|e dbth{&d l$wnb€r t4, 1991, i$s$ qt tho
Stt€€hcaee M*tsr Plan simply b save on unnsce$ary rsdudbn snrl Eprinti6 Oerts d {tustraiirns $lch mighl
roquire €dr8flinq by fie consuf\hflt Jog ilacy asksd whil f|os6 Bss r$rs. Mt(E sid dro md{ hed to ba don;in
D€nw and uouH run bet$€en P00 - $300. &e Masy asl€d Rssotrtior llo A2 bg trbted un$the 6n a[o; maos wa,e
Incbdod i[ ihe plan book aDd made avaitaue b fis plblic, M lGflt sakl tho oqlinalfull sire man wers nis, aru
havo been, publlly atailabl€ long sruugh lor anyone hbrested b havs s8en {tsm, and lurfigr, thers had be6n a pddic sib vieil. Ktistafi oftled the narrative in lhe plan book lully ddaih ewylhtrg. Jim oilxon im,tod cilirefls b
c0m8 in b 60e the tufi size map€, f,hich he dBsdibed a$ mor€ moanirqful ftan thg smalhr m4q ading a lot b hst
on tfte smafler maps. Afler brief speculatbn about a i$4l yea dmafmms for the troisct i,tm, t-Ein rnorna r
appor€ ttesolrxion l'lo. 22, wih a second ooming tom Tom s.teinberg. A rote $4r'ta6n {d the niotim pasod
lnanimolsly, 7-0.
Item llo. 7 0n fie agsrda rvas adion on council smployss' comFerFafioil. A 4% incBase fof tho Town Manag6r
a|d a 5% lltcrsass hr ths Town Altome-y werg $uglld€d. Actbn on cdnpen$dion hrtha Muniip*lcourtJudgo;aB
tabled, pending revi$r 0i addtionat infomaiion- Jim Giryon more<t b approve fre sqgeded rom Mar$r ail
lown Attomoy increases, with a ss6nd c0miflg tom Rob L8yme. I intg *as tdten and dF motbn
-p888sd
unanimo{r6ly, 7-0.
t$l 0n the agenda, but raised lor discussion by Merv |xpin was a qr€otbn about the bsb for approvino or
disappndng liluor lirenses by the Lmal Lic€nsing Authoiry. Lary Edorith ailhsd late pryment o sais ru -was
b€sis ht rolrocstion ol a lioense, as well a9 tho char€dor ol an applijad. Jay Petecon'srill it nas a privilege o
rocoiw a licanse, and he fett the Locat Li{€neing tuflbirty Counefi nas coruBtam in @roving lijsEe$'larry-sail
suspension headn$ are fEkt
Thors beiflg no funhet business, a molbn lo adFum the msding was rnadg and peesed unanimousty. The meelirg {rs Edioumed at 895 p.m.
lri'x,t ! Eblt bt 0qiaons S. Ds
Re€pec{dly submithd,
C:lllll'Sl1.19
ORDINANCE NO. 45
Series of 1990
lc
ffi
*q -t<dfr
t
AN
'RDTNAN.E
REFEALTN. AND REENA.TTN. oRDrNrlNcE No. 10. sERrE$ or 1990. TO PROVIDE CII'\NGES-_TO AREA D NECUiREMSN:IS TtrAr CONCERI,I THE pflAsrlrc pr,AN ron srrE rMpRovEMENTs rofr airna o; alro -ssxrii;"ionrlr
DETAII,S IN RECAND -TIIERETO
wrEnE^s r clrapter rg.40 o! tha varl Munlclp.r cod6 qughorrzeg
speclal Development DLshrLets h,lthin ure Town, and
I|HEREAS, the Town Councll approved Ordlnance 10. Series of
1990 Specl.a1 DeveLopnent DL8tricf, No. 4, and
WIIEREAS, Glen Lyon Office Buikllng, I Colorado part.nerehj.p,
has requested to anend the exrstlng special Developrnent Distriet
No. 4, Area D; and
WIIEREASr the planning and Environrnental Cemmission has
recoronended that certaLn changes be made Lo special Developnent
Dlstrlct No. 4r and
$IIIEREAS, the Town Counclf consl.ders that it is reasonable.
approprlahe, and berref icial to lhe 'l'o!a'n and ite cltJ.zens,
inhabltants, and visib,ors to repeal and reenact Ordinance l{o. 10,
series of 1990 to provide for such changes in Special Developnent
Dj.etrlct No. 4, CaBcade VIIlaqe.
NOW, TIIEREFORE, 8E I.f ORDI\INED BI T:lE TOWN COUNCLT OF TltE
TOWN OF VAII,, COLORADO, TII'\T:
Ordlnance No. 10, Series of 1990, Is hereby repealed ancl
reenacted, as follows:
Section 1. Anendrnent proceduEslulf llled . pl annlnE Comnisslon
nebort.
The approval procedureE descrlbed in chapter ts.4o of the vall
Municlpal Code have been fulfilled. and the ,Iown Council has
recelved the report of the PlannJ-ng and EnvlronnenEal Commissi.on
reconmencllng approval of, the proposed developnrJnt plan for
Speclal Developnent District No. 4.
s ecjLlon z. sbecigl Developrnent Distrlq!-jg-1.':t
$pecial DEv€loprnent Dlstrict lto. 4 and the development plans
therefor€, Bre hareby approved for the development of Speclal
tr;,
l,
iDavelopnent-'District No. 4 ulthln the Town of vail .
.i
sect,lon 3' i
Chapter 10.46 specLal Dev€loFrnent Dlstrlct No. 4, caaeade
Vlllage. LE: hereby repealed and re-enacted nlth anendrnents to
r6dd as foflowBs '
L8.{6.OIO lufpose
SpocLal Developtnent Dlstrlct No, 4 i6 establLshed to.ensure
comprehenslve developnent and trse of an area ln a hanner
thst !,tllt be harmonious vith the general character of the
Town, provlde adequate open space and recreatlonal
arnentt.les, and pro:note the obJectlves of, the Town of Vail
cornprehensive PIan. Speclal Developrnent Dist,rlct No. 4 ts
created to ensure that the deveLopment denslty r'r111 be
relatlvely J.ow and sultabLe for the area and the viclnlty ln
nhlch it ls sltuaLed, the deve!.oplaent lE regarded as
complemenEary to the Toun by the Tovn councll and the
Flannlng commLssion, and because there are Elgnlflcant
aspects of the Special Developrnent Distrlct rrhich cannot be
satisfled through the ftnpositlon of standard zoning
dlgLrlcts on the area.
14.46, O2O Definltlons
For the purpoaes of thls chapterr.the f,ollowlng def lnltions
ehall applyl
A. Itspecial atLractlonrt sha1l be deflned a6 a museun,
EenLnar or reaearch center or perfornlng arUE theater or
cultural center.
g. rrTranslent. rcsldentLal clrrel].lng unlt or restrlcted
duelllng unltrr ehall be def,Ined ae a dwelllng unlt
Iocated'in a rntltl-famlly dwelling that ls nanaged aB a
Ehort t€rn rental ln which alL auch unlts are operated
under a slngle managenent provLdtng the occupants
thereof custonary hotel servlces and facllittes. A
shorb term. rentaL, shall be deerned to be a rental for a
trrerlod of tfune not to exceed 31 days. Each uni! ahall
' nst exceed 6,t5 square feet of, GRFA whictr shall include
{'
t
a kitchen having a rnaxL:num of 35 square feet. The
kitchen shall be desJ.gned so that it rnay be lockell anil
reparated from the rest of, the unlt Ln a closet- A
transLent Clhrelllng unLt ehall be acc€ssible f:ron cohrron
corrldors, valks, or balconles r,rithout pasrlng
through another acconnodatl.on unit, dwel) ing uni!, or 2
I tranelent resldenblal dwel].lng unie. should suctr
uDLts be developed as condonini,urns, they shall be
restrlcted as set forth in section 1?.26.025--12.A6.12o
governing condominLum conversion. The unlt sha1l not,
be.used aE a permanen! resldence. FractLonal f,ee
ownershlp shall not be allowed to be applied to
translent dwelllng units. For the purposes of
deterrnlning aLtol.rabLe density per acre, translent
residentiaL d'relling units shalI be counted as one hal.f
of a dvelllng unlt. The transLent resldent,ial dwellIng
unJ.t parlcing reguirement sha]l be O.4 space per unit
plus O.1 space per each 1OO square feet of GRFA lrlth a
. naxiroun of 1.0 space per unlt.
18. 46. 030 Estab_llshed
^. speoial Dcvelophenh, DiBtrlcb No. 4 la aetabltehed for
the developnenL on a parcel of Land comprislng 9?.955
acres as nrore parbJ.cularly described Ln the attaclred
ExhibtU it. speclal DeveLoprnent DlstricL No. 4 and the
97.955 acres may be referred to as rrSDDA.rl
(-- g. The rllstrlct sha11 conslaL of four separat.e developnent
I \- ar€aE, aE LdenLlfled ln thls ordinance consJ.et,ing of
tlts foLlowl"ng approxlmate Blzea !
ilrea_Knor,rn As DeveloFment Area Acrease
. caaeadle Vlllage A Coldstrean Condaninluns B
17 . 955
4.000 . 29.100 G16n Lyon Duplex Lots GIen Lyon conmerclaL sLte Dedl.catecl Open Space
c .D 1.800
{0.400
97.955 ': . :i.
18. { 6. Oil 0 Developroent pLan--RequLred--Apploval procedure
A. Each deveLoptnent area ulth the except,ion of Dev€l,opnen!
o
Ar€as A and D shal1 be subJ ect to a single developrnents
plan. DeveloFment Area A Ehall be all.owed to have two
tlevelo?mei:'-. Fleri3 f,or the Waterf ord, cornerston€,
ltlUrace IV and Cagcade club sltes as approved by the
To n Councll. Developnenu Area D shall be allowed to
d€velop per'the approved phaslng plans as approved by
the Town CouncLl. The developer FhaII bave the right to
proceed wlth the develoilnent plans or scenarios as
d€f,1-ned in Section 18.46.103 B-r,
Arnendments to SDD4 ehall comply with the procedure6
orrtllned ln Section 18.4 o.
Each phase of developnent Ehall teguire, prior to
lssuance of bulldlng pernj.ts, approva] of the Design
RevLew Board Ln accordance nlth applicable provlsions
of Chapt er LB.52.
Pernltted Uses
Area A. cascade Vll.l aoe
1. first floor conmerclal uses shall be llnlted to
uses llsted ln 18.24.030 A-c. The I'first ffoor"
or rrsttreet level shal] be defined as that floor
of, the bulldlng that ls tocated at grade or street
Ievel t
2. AlI other floor levels besides first f,toor or
street leve1 may include retail, theater,
r€staurant, and offlce except thaE no professional
or business office shaLl be Located on street
leve1 or flrEt floor (as def,ined in Section
18 . zrt . 03 0 I of, the ltor.tn of vail zoning code ln
trrea A) unless lt ls clearly accessory to a lodge
or educational lnstitutlon except.for an office
epace havlng a maxfunurn square f,ootage of 925
Equare f,eet located on the first floor on the
northuest corner of, the Plaza Conference Center
building;
I
a.
c.
18.,'15.050
A.
3. Lodge;
jt. Uu1tl-fanily dwelJ.ing;
5. Transient resident.ial duelling unit,
6. Enployee dwelling as deflned in Section IB.46.220;
7. Cascade Club addition of a lap pool or gymnasiun.
B. Area B, Coldstrean condohlnluns
1. Two-f,anrJ.ly dt Et LLng i
2. I,tuttl-fanily ttwelLlng.
C. Area C, Glen Lvon DuE,lex Lots
1. Single fanily
. duelting i
Z. Tlco-fahlly dwelling.
D. Area D. cleh Lvon connerclal site
t. Retall;
2. Restaurant and bari
3. Buslness and professional offices;
. {, Multl-f,anily dwellingt
5. Enployee dwel].lng as deflned Ln Sectlon 1S.46.?2O.
18.46, 060 CondLtl-orral Uses
Condltlonsl uses shal.I be reviewed per the procedures as
outLined J.n Chapter 18.60 of the ToHn of Vail zoning code.
A. ,llrea A. Cascade VLllacre
1. Cascade CIub actdition of a weLfness cent,er not to
exceed 4r500 sguare feet.
2. Fractional fee or.rnershlp as defined in the Town of
Val-l Municlpdl Code, section 18.04.1J5 slrall be a
conditLonal uee for dwel).lng units in the
l'Iesthaven nulti-fanlly duellings. Fractional fee
otnershlp shall not be applled to rest,ricted
ernployee dwelllng unlts or transLent resldentlal
dwelllng units. Or,rnerEhlp intervals shaLl not be
Iess than five veeks,
3. specJ.al attractioni
{. Skl Llf,tsI
5. PublLc park and reereatl_onal facilities;
(_
t
5r
l,
6. Dtajor arcades uith no frontage on any publlc way,
street, walksay or ma11 area.
B. Area_B.- coldstrean condoni
1. Publlc park and recreatlonal facilltles;
2. AkI llfts.
C. Area C, GIen l.von Duplex Lots
1. ?ubllc park anal recreatlonal facillt.iest
2. Stci llfts.
D. Area D, Glen Lvon cornrnercial slte
1. Ulcro-brehtery as def Ined ln Town of, Val.l l,luntclpa]
code, sectlon 18.04.253
18. !f 6. 070 Accessory Uses
A. ^rea A, Caseade vlflaqe
1, Minor arcade.
2. llone occupatlons, subject to issuance of, a hone
occupation perrnit in aecordance uith the
provlelons of s€ctLons 18.58.130 through
18.58.190.
3. Attached garages or carports, private gtreenhouses,
swlraning pools, tennls courts, palJ,os, or other
recreational f,aclLities custonrarily incidental to
permittetl reaidentlal uses.
4. other useE customarlly lncldental and accessory to
pernltted or conditLonal usesr and necessary for
the operation thereof.
5. sefunnlng pools, tennis courts, patios or othbr
recreational facllities customarlly incidental to
perrnitteA or condltlonal uses, and neceasary to
the operation thereof.
B. Area R. coldstream condomlniuns
1. Ilome oecupattons, subject to issuance of a hoD6
occupation permlt in accordance nith the
provi6ion8 of, Sectlons 18.59.130 through
18.5S.190.
c.
2.
3.
rl .
2,
a
Attached garages or carport,s, private greenhouses,
sulnning pools, tennis courts, patios, or other
recreatLonal. f,acillties custonarily incidental to
pernlLted resldenbial uses.
Other uses custonarily incidental and accessory to
pefnltted or conditional uses, and necessary for
the operatlon thereof.
S$tlnrnj,ng pools, tennis court,s, patios or other
recreatl.onal facilities customarity incidental to
pernitted or conditional uses, and, necessary to
tlte operatLon thereof.
Area C, _clen tvon DuDIex tots
1. llone occupatlons, subject to issuance of a horne
occupation pernit ln aecordance with the
provlslons of Sestlons 18.5S.130 through
18.58. 190.
Attached garages or carports, private greenhouses,
swimnlng pools, tennis courts, paEios, or ourer
recreational tacllltles customarily incidental. to
perrnS.ttea resLdentlal uses.
other uses customarlly lncldctlt.aI and accessory to
pernitted or condLtLonal uses, and necessary for
the operation thereof.
Area D, cLen Lvon Conmerci.al Site
1. Hone occupations, subject to issuance of a home
occupation perrnit ln accordance wiLh the
provJ.slons of sectlons 18.58.13o through
l8 . 58. 190.
lttached garageE or carportr, prlvate greenhorrse=,
swinmlng poo1s, tennls courts, patios, or ogher
recreatl.onal f,acllit1es customarily incidental to
permltted residential uses.
Other u6es customarLly incidental and accessory to
pernritted or condLtional uses, and necessary f,or
the operation thereof,.
trILnor arcade.
I
2.
3.
D.
(.
4.
o
Ipcatlon of Buslness Activitv
AII offlces, buelnesses, and servlces permitted by
Sgctions 18.i!6.O50 through 18.46.0?O shall be operated
and conducted entlrely rrlthln a bulldlng, except for
pemitteil unenclosed parking or loading areas, and the
outdoor dlsplay of goods.
The area to be used for outdoor d_t splay nrust be located
directly ln front of the establishnent dlsplaying the
goods and entirely upon the establlshmentr a own
property. sldeua1ks, bulldlng entrances and exlts,
.l
driveways and streets sha1l hot be obstructed by
outdoor display.
exceed the follotn ing l
Two hundred elghty-three polnt five (283.5) dwelling
unlts, wlth a rnlnimurn of three hundred thirty-eighc
(338) acoonnodation unlts or transLent residential
dtrelling units and a naxinum of ninety-nine (99)
dtrelllnE unlts as deflned by the table ln Eection
18.46.103 A-D.
one-hundred four (104)
o
18. { 6. 080
A.
B.
three dwellinE
d$reLllng unlts
18.{6.103F.
units, tto
as defl,ned
of
by
which shall be employee
the table ln sectlon
Area A, Cascade Vl.l l aqe
The gross residential f,loor area f,or alL buildlngs
shall not exceed 299,445 square feet, except that th€
total rnaxlmun GRFA 6hal]. not exceed 2gZ,Z45 sguare f,eet.
lf Ml11race fV Scenarlo ? (32 A.u. rs) is constructed.
I
Slxty-f,lve (65) dwelling units
dwe1 I in9
A.
E.Area 8,, Coldstrearn Condoniniums
Slxty-31n" thousand square feet (65,000
GRFA Ehatl be qalculated for each
18.1.3.08o density sontrol A and B
Prinrary/secondary district of the
munlcipal code.
s.f.) GRFA.
lot per Section
for Lhe
Tolrn of Va II
(
L
o.
The gross resldentLal floor area for ttre tro employee
dwelllng unlts shall be ?9S square f,eet and 9oo square
feet respectlvely. The gross resldent.ial .f loor area
f,or the free narket dwelling unlt shall be 1,630 square
f eet..
18.46.10? ComE$rela1 Square Footaqe
Area J\ ehalJ. not exceed 56.538 square feet of.
ionrnercial area. ComrnercLal uses include retall,
of,flce, .theah,er, reslauranL, u6€s 116t,ecl ln aecllon 'rl
18.46.050 A-1, and the specJ.al at,traction use.
l\rea D ehaJ,l. rrot exceed 16,?30 square feet of, of fj.ce
for Phase Ir IjI & XI or I5r504 gquare feeh. of office
f,or Plrase III per the approved <levelopment plans. The
rnicro-brenery and associated uges shall be constructed
per the aFprqved Clevelopmrnt plan.
1g-.16.1o3 Feveloorrent stotlstics for r\rea A. cascade vilraqe. and
Area D. clen Lvon commercial site
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E. DedeLopnentContrc-.r
orlglnal Parcel
Robblns Parcel i
cosqrrlff Parcsl'
Area
(Acr€s )
15.68
L.23
:l-.045 ::
17.955
UnLts
15 DU/Acre
252. O0
19. 68
L6.72
288. { 0
GRFA
{.351
256.43? :
!8 175/-
15.932
29L,IzJ.
PHASE I, TA,II AND III
DEVEI.OPHENT
sg.Ft. / Parking
10r 15O .t0.6
400 1.6
? r 4OO .9.6
i
2,634 10.5
{80 0.0 sB5 3.0
1,4 06 0. O 1,70O 18.8*
(1s0 6eats)1,380 J"O. 0*(80 seats )
F. DET'ELOPI'ENT TPR IREA D. GIEN LYON coUltERcI AT, SITE
SDD {4, AREA D
DEVEI.oPI'IENT SQUARE TOOTAGE
P}RKING PER TOWN OF VAIL REQUIRE}IENTS
FEBRIJARY 26, 1990
Glen Lyon Oftlce BIdg.(E*ietlng) .10r150 . ito'6 10.150
INTAE IA
G16n tyon
of,f,loe Bldg. 400 1.6 4oo
PT{I8E I
Glen LYon
Dldg.
- offlce o z,doo
DtTAgE II
Hlcro-Breuery
-offlee o
-Receptlon/lilugeurn O -Retall 0
-Fbrrnentation,/Breuhous€ o
-Beer HaIl 0
-Breu Fub 0
AND
PfiASE fa PIIASE f .Ia & II
DEVELoFI{ENT DE\IELOP},IENT
Sq. ft.,/Parklng ' Sg.Ft. ,/ Parklng
40.6
1.6
9.6
3 r 78O 15.1
480 0.0
175 .6
970 0,o 1,?00 19.8*
(150 seats)11380 10.0*
(8O seats)
suBroTAL 10, sso 42.2
PrlAAE III
EaEt Bullding
-2 EDployee unltE o -l Duelllhg Unlt o -9tfLcs O
21r 435 96.3
o
o
o
o.o
o.o
0.o
21,435. 94.1
11 695 4.0
lr630 2.O
2.{00 9.6
i
I .t
I
l
I
l
I
I
I
I
.i
SUBTCTTAI. O o 0.0
?CTTAL CO}TIIERCIAL AND RESIDENTTAIJ
SgUTNE TOOjrAGE AND P}RKING:
tt:1tt e6.3
IUSED HIGHES? P}RKIIIG N3Q. POSSIBLE BASED ON SEATING
3,325 15.6
24,760 110.0
l6
I
I ;,
18. {6.104 De}rel ooment P}ans
Site speclflc developnent, plans are approved for Area A and
Area D. The developnent plans f,or Area A are comprised of
ttloaF plans eubnitted by Vail ventures, Ltd. The
developnent plans f,or Area D are cornprised of, those Flans
submltted by the clen Lyon Office auilding, a colorado
Partnerahip. The followlng documents comprise the
developnent ptan for each area:
1. Cascade Village Master llan and Building ueightr Rorna,
Lo/to/88.
2. Waterford and Cornerstone Floor FLan6, Roma, 1O/10/BB,
P l-9.
3. I{aterford and CornerEtone Sections, Rona, }0/10/98.
{. Waterf,ord Landscape Plan, Rorna, fo/Lo/8B.
5. Waterford Summer Solsticer Rorna, 10,/10,/88.
. 5. lfaterford Slte Plan, Rona, 10,/1.0/8s,
7. Waterford Elevations. Rorna, Lol10,/88.
8. llaterford winter solstice, Roma, lo/Lo,/Bs.
9. l{aterford East Elevation }lelght Analysl.s, Rona,
s/28/ss.
10. Cornerstone Site plan, Rona, 10/10/Bg,
11. gornerstonr Elevations. Roma, 1o/1or/88, p. 1-3.
12. Corner6tone sun,/Shade, 10/10r/88..
13. Cascade Entry Rendering, Rorna, lo/Lo/ss.
74. caseade club Addition slt.e Plan, Roma, lo/Lo/9e.
I 15. Cascade club Floor Plan, Ror0a, 1o/La/88.
15. ttllllrace IV (32 A.U. rs) PIan, Ronar 10,/1.0,/8e.
17, MlLlrace Iv (3a A.U. ts) Floor Plans, Roma, I,/LD/99.
18. gurvey, a part of cascacle Vlllage, Eagle vaLley
Englneerlng, Leland Lechner, 6/8/87
19. flite Coverage AralysLs, Eagle Valley Englneerlng.
10/10,/88.
20.' cascade Vlllage Speclal. Development oistric! .: .
Anendnent and Environmental Impact Report: Peter Janar
Aseoclates, Inc. , Revi6ed fLl7zlaa.
L7
r, I
C
t.
Arqa D. Glen. f,voE Conmercial site
' 1,' Area D llaster site Plan', Geodesign by sherry Dor$ard,
2/22/94.
.. 2.. .Landicapa Plan for Area Dr CeodeslEn by sherry .Dor$ard,
2/22/eo.
3. Area D slevatlons, Geodesign by Sherry Dorward, 2/9rl9},
4. Vall lrlicro-brewery, seracuEe, Lar/rler, and Fattners,
Denver, CO.. sheets A2.1, A2.2i A2.3, A3.1. A3.2, A4.1,
tr4.2, d.ted L/8/9O and sheet A2.4 dated 12/L3t/89.
5. Vail Bretrery Roof Sgudy, Frank Freyer, f/a/g0.
6. GIen tyon Parklng Garage I'1oor Plans and Site PIan,
Rona, 11./28/88.
7. Glen tyon ParkinE Garage sectl.ons/El evations, Rotlla,
Lt/ 28/88.
B. G]en Lyon condoniniun, Rona, 77/28/88.
9. Glen Lyon Condorniniurn East Buitding, Rona, ]-]./28/88.
10. D6ok Enclosuro (Phns€ fl|] to Gf,€rr Lyon Olfia€ Dulldlng.
?Ierce, Segerberg andl Epaeh, 9/2o/9o.
11. LBndlscapa Plrn, Phase IA Deck Enclosure, Piercef
8eg€rberg and 6paeh, 12/ 5/so .
12. of,f,ice Addltion to Glen Lyon office Building, Buff
Arnold./Nedl cwathney Architects August 25, 1989 sheets
]|1 through A{.
13. Carcade Vl}lage Specia]. Developnent, Dj.strict Amendment
and Environmental lrnpact Report: Peter Jamar
Associates, fnc., Revised If/22/88. Letter frorn Peter
.tamar Associates, Inc., dated January L5, 1990,
14. DeceLeration lane design f,or South Frontage Road, RBD,
october 18, 1988 as approved by Co. Div. of Hgwys.
15, A resubdLvision of Lot 54 arnended ptat clen Lyon Sub-
dlvlelon, Eagle Valley surveylnE X.nc. as approved by
T.O.V.
1,6. VaiI Brewery Parklng Analysls, TDA colorado, Inc.,
Augugt 10, 1988 and Vall Brewery Parklng Analy6ls
Update, TBA Colorado, Xnc., ,fanuary 16. 1990 pages
1-8.
I
..1
I
18
18..16. 110 Developnent qtandards
The developrnent gtandards set out in sect,ions Is.46.120
through 18.46.190 are approved by the Tovn Council. These
rtandardE 6hal]. be incorporateql lnto thc approvecl
'- development plan pertlnent to each developmcnt. area to
protect the lntegrity of the developnent of SDD4. They are
rnlnlnun' deveropment rtandards and rhall apply unless more
restrictlve standards are J.ncorporated in the approvecl
devalopment plan $hich ls adopted by the Town council .
18, i!6.1e0 Setbacks
A. Area t\. Ca6cade Vl"llaoe
\-__
Required setbacks shall be as indicated in each
d€velopnent plan vlth a rninimum Eetback qn the
perlphery of, the property of not Less tlran twenty feet,
with the exception that the Eetback requlrehent
. adJacent to the exisbing Cascade parkirrg
structure/athletic club bulLding sha]l be tlro f,eet as
approved on FebEuary g, 1992, by lhe planlring ancl
Envlronnental Commission. ALl, buildings shall maj.nLain
a 50 foot Etrean setback fron corc creek. The
t{aterford and Cornerstone buildirrl: shall naint,ain a 2O
foot setback f,rorn the north edge (-f the recreational
path alonE Gore Creek.
B. Area B, Coldetrean Cgndominiuns
RequLred Eetbacks shalL be as indlcaEed on the
dEveloprnent plan,
C. Areq-C. GLen lrvon Dublex Lots
Regulred eetbacks 6ha11 be govern-d by Section
18.13.050 Setbacks of the Primary,'secondary zone
dlstrlct of, the Io$rn of, VaiL Municipal Code.
D. Area D. clen Lvon Conrmercial Site
Requlred Eetbacks Ehall be as indj.cated on the approved
development plans.
t 19
t
18. r[5. 14 O Helqht
A.
a
:
B.
For the purpoBeE of SDD4 calculations of heJ.ght, heiqht
shall rnean the distance neasured vertical).y from the
exlstJ.nE grade or flnlshect Erade (lrhlchever 1s rnore
restrlctive) , at any glven polnt to the top of a f1at
roof, otr nansard troof, or to the highest rldge llne of
a iloplng roof unless othervise speclfled in approved
development plan dra lngs.
lrea A. caacade VlLLage
1. The rnaxLmum helght for the WestLn Hotel , Cl'lC
L€arninE centerr ferrace Wing, Plaza Conference
BulldlnE arrd cascade Parklng structurer/lthletlc
Club ls ?1 feet.
2. cornerstone Bulldlng: llaxitnun helght of 71 f,ee!.
3. wat.erford Building: !.'taximun height of 48 feet as
rneasured fron finished grade to any portlon of the
roof, along the north elevation (soutlr Frontage
Road) and vest elevatlon (westhaven Drivel . A
rnaximum height of 40 feet as measured fron the
lot^rest floor of the parking structure to the roof
eave is approved for the south and east building
eLevations. A naxinum height of 61 feet as
rneasured fron the lowest floor of the parking
Etructure to the roof ridge is approved for the
south and east bulldinq elevations.
Westhaven Bulldingl A rnaxinum of 55
!,tLllrace IIf r A naxirnurn of {8 feet.
Ulllrace IV: A maxirnum of 48 feet..
Cascadle CIub Adtlitlon: A haximurn of
Cascade Entry Tower: A maximun of 36
Th€ rcrnaLnder of bulldlngs ln l\rea A
mal.imum height of.48 feet.
4.
5.
o.
7.
8.
9.
feet.
26 feet.
feeb.
shall have
Area B. Coldstrean condominiurns
lrhe maxlrl|urn belght shall be 48 feet.
c.
20
D. Arqa C. clerL.Lyon Duplex Lots
Thc haxinu|fl tlelght EhaII be 33 feet for a sloping roof
and 30 feet for a flat or mansard roof.
E. . Area D. cl€n lJvon CornmerciaL Site
51* of, the roof, sha1l have a heigh! bethreen 3? and 40
f,eet. tt9t of, the roof, area stratl have a height under 32
fcht. On the perJ.rneter of the buil,dings for Area D,
hetghu is Deasured fron f,inlshed grade up to any polnt
of the roof, On tbe lnterlor area of any building,
height Ie neasured f,rern exletlng grade up to the
hlghest po{nt of the roof,. Developroent plan drawings
' shall constitute the height aLLolrancea for Area D.
1S. {5.160 Coveraqe
In AreaE A and B, no nor€ than 35* of lhe total site area
( shall be covered by buiLdlngs, provided. if any portl.on of I
the area Ls developed aE an lnstitutional or educational
center, 45t of the area nay be coverecl. In Area c, no tnore
than 25* of the total eLte area shall be covered by
bulldings, un1ess the more restrictive standards of, chapter
18.69 of the Vait Municipal code apply. fn Area D, no nore
than 3?* of the total sl,te area shafl be covered by
bulldlng* and the parklng structure,
18. 46. 170 ldndssrapinq
At Least the f,ollowing Froportlons of the total development
area shal,l be Landscaped as provided in the develophent
p1an. Thfs shall lnclude retention of natural landscape, if
appfopriate., Areas.A and B, flf,ty Fercent, and in Areas C
and D, eixty percent, of the area Ehall be landscaped.
1S.46.18O Parkincr ancl Loadino
A. Area A. cascade VlLlaqe
1. off-street parkLng sha1l be provided in accordance
vlth Chapter 18.52, except that ?5t of, the
required parking ln Area A shall be located within
a parking struoture or bulldings. If the
developnent table in Section 18.46.1O1 is amended,
t
2L
2.
3.
o
the parklng requlrenents shalL be anended
aceordLnEly.
There 6hal1 be a total of 42I spaces ln the naln
cascade club parking structure and a minlrnurn of
122 undergEound spaces in the waterford structure.
The cascade and l{aterford parking structures shaIl
be consldered to be one Farking structure for the
purposes of caiculatlng the rnlxed-use credit for
parking sFaces. Both parklng structures ahall be
nanaged a6 one entlty. A x7.5 percent rnixed-uEe
credit per the ?oun of, Vail parking code, sectlon
18.52.20 has been applled to the total number of
regu.lred parking spaces comblned ln the cascade
and waterford structures. Alternative developrnent
plans or Ecenarios which require additional
structured parklng shall reguire an expansion of
the Waterford parking structure below ground
].eveI .
The third floor of, the cascade parking structure
Ehall not be used to meet any parklng requirernents
for acconmodatlon units, trans Lent residential
dwelling unlts, empLoyee dwelling units or
dvelling unlts.
Phasing: A11 requlred parklng for cornerseone,
vlaterford, Ml]Lrace Iv scenario 2 (32 A.u.rs), and
the cascade club weLLness Center Additlon scenario
1 Ehatl be provided ln the cascade or Waterford
parkingr structures. At the tinre a bullding perr$it
applicatlon LE submitted to the Tonn of Va.lI
Cotnmunity Deveilopnent Department for the naterford
bulldlng andl parkLng structnre, tlre developer
ehall be requ!,red to make a final declsion as to
which development scenarios shall be used for the
Cornerstone, Waterford, Uillrace IV and the
cascade Club addltlon. 'A temporary certlf,lcate of
{.
5.
22
I l,
occupancy Ehall not be released for any portion of
the Cornerstone, ?taterford, llillrace fV Scenario Z
(3? A.U.r6l or caEcade club l{elLness additio:r,
Scenario L hrhlctr relies on requlred parking belng
trrrovLded ln the Waterford parking structure until
the t{aterford parklng structure has receiveC a
tenporary certtf,lsate of occupancy from the lown
of Vail Bullding Departnent.
6. Seventy-f,ive percent of the required parking shall
be located vithin the rnaln bullding or bui:tdings
and hidden f,rom publlc vlew from aaJolnlng
propertle8 ulthin a ]andscaped bern for Westhaven
Condoninluns, !{Lllrace IIf, and ttlllrace IV
geenario 1-
1. All loadlng and dell.very Ehall bE located within
bulldings or as approved in the development pIan,
B. Area 8. Coldstream condominiurns
Flfty percent of the requlred parklng shalI be locaterl
nithln the nain buildlnrg or buildings and hldden from
public vl.€w fron adJointng properties vithln a
landsaaped berm.
C. Area C. cLen Lvon Duplex Lotg
Of,f,-ritreet parklng shall be provided ln accordance uiCh
Chapter L8.52.
D.+rFa .9, Glen Lvon Connerciat Slte
1. PhaEe I, Ilt and fI shall incLude 80 surface
parlcing spases plus G valel parking spaces on the
east end of the surf,aoe parking 1ot. ?hase tA
ahall Lncludle a addlltlobal requl.red pErklng spaces
fo! r total of a3 r€qulled parking spaces.
2. Phas€ III shall lnclude a nj,ninrum of 1OB parking
apace6. A ntnl,mum of 100 spaces shall be located
ln the parklng struclure. Al.1 required parking
for the east building shall be provided on-site
p6r Tonn of Vall parking requJ.renents per secLion
(
f,;23
18.5?.100 for tesldentlal and office use. A
mlnlrrum of eleven Epaces shall be locat€cl in the
garage of the east bullding and a natimun of 5
..r:. ., ...t.'t Eutrface spaces sha1l be located adJacent to the
' east bulldlng.
3. Area D development 6ha1l meet the operatlonaL
requirenents outlLned in the ?DA cotorado fnc.
Report, Sectlon Parklng Analysls Cons.lderations,
pageB l-8.
4. Valet parklng sball be prohlbtted on the lrest end
of the surface parking lot.
5. The Breur Pub shall not be open to the publlc until
after rt::O p.l[. for Phase tr and II Monday through
Friday. When Phase III developnent occurs
lncluding the parklng structure, the bren pub nray
opBrate during th€ ueekdays once tlre parking
struclure 1s avalLable f,or public user
6. The Beer uall shaLl not operate or be used by the
publlc before 4:30 p.n. on veekdays, Monday
through Frfday at any tirne'
1. once the parklng structure is constructed, the
parklng and access to Area D shal1 be managed per
the TDA Parklng Report, Parking Managenents
section, pages 6 and 7, August 10, 1988, and TDA
Report, Val] 8relrery Parking Aralysls Updatel
dat€d ;tanuary J.6, 1990, both wrltten by Mr. Davld
IeahY.
8. No loadlng or delivery of goods shall be aLlowed
on the public rlght-of,-way along the south
. Trantage Road adjacent to the Area D d€volopm€nt.
9. The ouner of the property and brelrery nanagenent
shall prohlblt seni-truck and trailer truck
trafflc to the Glen Lyon Conmercial site. The
only truck loading that shall be allowed to the
-
24
I a
Elte 6hall be vans having a maxlmun length of 22
feet.
13.45.1g0 R€creatLon Arnenltles Tax Assesseat
(- lhe recreatLonal amenitles tax due for the developh€nt,
'. ulthin SDD4 under Chapter J.2O 6ha11 be assessed at a rate
not to exceed twenty_flve cehts per sguare foot of the floar
area rn Devel.pment Area Ai and at a rate not. to exceed .
rifty sent6 per square f,oot of GRFA ln Deveropmcnt Area B;
and at a rate not to exceed fifteen cents per square foot of
GRFA ln Developnent Area Ci and at a rate not to exceed
Beventy-.flve .cents per Bquar€ f,oot of, floor area in
Doveloptrent Area D, and. shall be pald in conjunction r,rri ur
each construction phase prior to the Lssuance of building
perrnlts .
( 18.il6.eOO eonsenratio:n and pollutlon Controls
A. The devetoperrs dralnage pLan shall include a provision
for prevention of pollution fron surface runoff.
B, The deveLoper 6ha11 Lnclucle 1n the buiLding
constructl,on, energy and watcr co'servatl.n controls as.
general technoJ.ogy exists at the bime of construcb.ion"
c. The nuhber of fireplaces perrnitted shall be as rcc
forth In sectr'on 8.2s. o3o of the Tol.rn of varl DruiliciDar
as anended.
D. If, f,ireplacGs are provided nithln the developmenL, tlrey
nust be heat ef,ficient, througlr the use of glass
( enclogures and heat circulating devices as technology
exiEts at the tlne of, developnent.
E. Alr uater features uithin Devel0prnent Area A shalr have
overflor,r stotn dralnF per the reconnendation of, the
EnvLronnental Xl|pact Report. by Jahar Associates on paqe
. 34.
F. AII parhlng atructures shall- have. pollution control
devices to prevent oil and dirt frorn draining into Gore
. Creek.
G. fn Area D, a nanhole on the brgwery Bervl.ce l,lne shatt
z5
r-
be provlded so that the UpPer Eagte valLey conEoLl.dated
sanitation Dlstrict nay monitor BoD strength.
. H. In Area D, the brewety $anagenrent 6hall not oPeEate the
brerrery procets durlng temperature inversions. It
.. :6ha1L.be the breuery o$nerrs responsibility to nonltor
Lnverslons.
I. AII tfash compactors and traah Btorage areas Ehal] be
completely enclosed lrithin Special DeveLopnent Dlstrict
4,
J. ProtectLve r|ea6ureB thall be used during conEtruotlon
to prevent soil erosion Lnto Gore creekr particularly
unen constructlon occurs ln Areas A and D'
X. The two ernployee dwelling unlts in Area D shall only be
alloved to have gas fireplaceE that meet the Town of
vaLl ordinances governing fireplaces.
18.46.210 Additional Arnenities and conditions of ApDroval for
sneel.al Development f,lstrict No- 4.
t\. ?he developer Ehall provlde or work ultlr the Town to
provide adequate pEivate transportation services to the
owners and guests so as to transport then fron the
developnent to the vlllage core area and Lionshead area
as outlined ln the apProved development pf,an.
B. Developer shall provide in its approved develoPnent
plan a bus shelter of a design and location mutually
agreeable to developer and Toetn council. SaLd sheLter
to Betnte the atea generallY.
e. Area Ar cascade Vlllage
x. The developer shall be responsible for providing a
break-away bollard for the energency accees road
betueen Eagle Polnte and l{esthaven Drive. The
deslgn of the bo1l.ard ahall he mutually acceptable
to the developer and To!'rn of Vall. Thls
J.rnprovenent 6hall be constructed when a building
permit Ls requested for the cornerstone, Millrace
Iff, ltlllrace Xv, westhaven Condonlnlurns,
I
('
Waterford bulldlngs, or Cascade CIub addition. The
bollard shall be lncluded ln the pernib plans.
lhe boLlard shall be constructed sub.sequenb to the
lseuonce of a bullding perrnit. and prior to the
Lesuance of a tenporary certificate of occupancy
for tlre Cornerstone, l{illrace III, llillrace IV,
W€sthaven Condor$lniurfls, waterford buildlngs, or
Cascade CIub addition.
The developer shaLl construct a sidewalk tbat
begtns at the entrance to the cascade club along
We6thaven Drlve ahd extends to the vese ln front.
of the lilesthaven building to connect with the
recreational path to Donovan parli. The h,alk
shall be constructed fihen a buildlng permit is
requested for westhaven condonl,niuos. The
sldewalk shall be part of re buil<ling pernit:
plans. ?he slderla}k ahaLl be constructed
subGeguent to the lssuance of a bullding perrnit
and prior to the lssuance of a temporary
certiflcate of occupancy for ttesthaven
CondominLuns .
The developer shall provlde loo-year floodptaln
lnf,ormat{on for the area adjacent to the
Waterford and Cornerslone buildings to the ?own
of Vail Comnunity D€velopment DepartmenE before
bulldlng permits are released for either project.
The conditlons f,or Area A in Sections 18.46.020
B, 18.46.18O A. 1-7, 1S.46.200 A - F, I, J,
18.46.210 C, 1-31 and 18.4O.AAO shall be set
forth in restrlctive covehants subject to the
apBrovaL of the Toun Attorney and once so
approved 6ball be recorded on the land records of
Eagle county. The developer shall be responsible
for subnittlng ttre wrilten conditions to the Town
Attorney f,or approval bef,ore a buildlng perrnit is
2.
(
3.
I
4.
L 27
I l-
Hlllrace Iv, westhaven Condoniniums, Waterford
. bulldlngs, or cascade Club Addltlon.
D. Area D, Glerr Lyun Conmerclal SIte
1. The developer Ehall agree to construct a bue
Iane per Town of ValI standards ln the area of the
porte-cochere of the Micro-brewery ln Area D. The
' speclflc locatlon for the bus lane shall be
nutually agreed to by the Area D owner and,/or
developer, .Colorado Divlslon of Highuays, and Town
of VatI. Th€ buE f,an6 Bhall be cDnstructed
subseguent to the issuance of, a buildlng perrn5.t
and prlor to the issuance of a tehporary
certif,icate of occupancy for elther the brewery
addltton, offlce expansJ.on excludLng pbare fe,
east office bulldlng, or parklng structure. The
developer and/or owners of area D shall be
responslble for malntainlng the ne$, tlus ].ane,
including sno$r removal . If, the lane is not
naintained properly or snow renoval is not
adequate. the Tor,rn ulII not provLde bus eervLce to
the slte.
_ 2. The developer shalL reLocata the exlstlng blke
path on,Area D and pr6vlde a net, blke path
easement across the cLen Lyon proFerty and CDOH
property per the developrnent plan for Area D..
The blke path EhaLl be conEtructed per Torrrn of
Vail Etandards. The bike path shall be
constructed subsequent to the lesuance of a
buildting penlit and prior to the issuance oi a
tenporary certificate of, occupancy f,or elther lhe
brewery addltlon, off.lce expanslon errclu{H.rg phase
fe, east otf,Lc'e buildlng, or parking structure.
guch tenporary certif,icate of occupancies shal.l be
. condttlonal upon constructlon of the bike path
Frovided f,or herein. The blke path BaseBent Ehall
2S
o
provided. f,or herein. The bika path easement, shall
. be replatted and approval obtained fron the Town
Councll Frlor to the issuance of a temporary
certifLcate of occupancy for eltlrer the Brewery
addltlon. of,fice expansion exslualing phas€ IA.
east office building or parking structure.
3. The developer shall underground the electrical
utillties along the north side of the clen Lyon
property from the northwest corner of the
property to tbe northeast corner of tha
property. Thls uttltty flork sha1I be consLruct.ed
subsequent to the issuance of, a building permit
and prior to the Lssuance of a tenporary
certlf,icate of occupancy for tbe office expansion
as Clesorl,bBd in phase Ii\.
4. the developer sha11 be responsible for
relocat,lng the ZO foot utility easement on the
western port,Lon of Developroeng ^rea D as Lrell as
obtainlng approval from the Town of vail for tl.te
telocated utlltty easernent before a buildj-ncj
pernlt ie released for the rnicro-brewery
addition.
5. The developer of the Glen Lllon Office property
sball noE file any renonst.rance, or protest
agains! the fornation of a local inprovement
dlstrict of, other flnancing mechanism approved by
the VaIl Town Council which nay be established
for the purpose of, bulldlng road inprovements for
the south Froncage Road.
6. The dev€loper shall provLde a fire hydrant per
Town of Va1l Fire Departnene requirenents on the
northweEt portlon of, the properey. The speeific
locatlon for the fire hydrant shall be approved
by the Vall l.lre Departnent. The fire hydrant
shaLl be provlded cubsequen! to the issuance
29
(
7.
of a buildlng pernlt and prlor to the lssuance of
a tenporary certLflcate of oceupaney for the
brerery addLtlonr offlce expanalon erccluding phas€
ri II\, east offl.se bulldlng, or parklng Btructure.
The Developer 6ha11 construct a deceleratlon lane
along South Frontage Road per the CDOn access
p€rrnlt,. Th€ developer. sha1l Eubmlt, plans for the
South frontag€ Road lmprovement8 to the Town of
VaiI EngLneer for revl,ew ahd appEoval bef,ore a
bulldLng perrllt Ls released for elther phase I
arolutllng Phase It, II, or IfI constructlon.
The conditlons for Area D ln Sect,lons 18.46.190 D,
1a.-46.2OO Ar B, F - K, 18.46.21O D, 1-?, and
18.46.220 Ehall be ret forth in restricLive
covenants Eubject to the approval of the Town
Attorney and once 60 approved shall be recorded on
the land records of Eagle County. The devel,oper
shall be re6ponglble for eubrnittlng the lrrlt,ten
conditlons to the Town Attorney for approval
before a building permLt, shal.l be issued for the
Mlcro-brelrery, offlce expanslon €r(cludllng phase
IIr, 6ast offlce building, or parklng structure.
The rnlnor subdlvlslon ior Area D Bhall be
developed per the f,ollowLng condLtions:
a. The development of, parcels A, B, C. and D,
shall be linited to the SDD 4 dev€lopment
plan and governed by the SDD { ordlnance as
approvsd by the Toun of vail andl on fll€ ulth
the Departnent of, Cornrnunlty Developnent or aa
amended and approved by the Cornnunlty
Developm€nt Department, planning and
Envlronnental cornnllsion, and/or the vall
Toun Councll.
B.
30
b. The ninor subdivision plal shall include a
statenent that devel.opnent of, the four
parcels shall be governcCl by the approvcd SDD
4 developnent plan for area D and gover;ring
ordinances.
c. The Connunlty Developmcnt Departnent an,.l
To$n of VaIl Attorney slrall have the ri<_;lrt to
revlew and reguire chaiirjes In any rrAgrecments
of Tenants ln Comrnonir, $ Conveyance of
Easenent and Party urall Agreenentsr, and any
other easenent or.gwncrship agEeements
reLated to the development of parcel.s A, B,
C. and D to ensure that the four parcels are
developed per the approved developnent plan
ln 6DD 4 Ordinance.
d. The developer 6ha11 bc responsible for
replatting the z0 foot utllity easemen,; on
the rreEtern portion of development Area D as
well as obtaining approval fron the Town of
Vail f,or the net.t utili-r' easenent before the
nlnor subdivLsion plat is recorded. Any
modlflcatl"ons or arnend:,rents to the minor
subdLvision condltLons.of approval agreement
shall be reviewed as a maJor amendrnent under
the procedureg outlineJ in section 18.40 of
the Toltn of, Vail ZoninJ Code.
e. The condLtions f,otr tlre rninor subdivision in
Sectlon 18.il6.210 (Dg) A, Br c, and E, shalL
be aet forth ln restrl;tlve covenant,s
EubJect to the approva I of the To!,rn Attorney
and once so approved s:rall be recorded on the
land records of Eagle County, The developer
shall be responsJ.ble i.or subnj.tting the
written conditions to the Town Attorney
bef,ore the dlnor subd-vlsion is recorded on
the land records of Eirgle County.
31
t
t
e.
10. The entire Glen Lyon Office Bulldlng and
Bre\rery Bullding ehaLl be spr!-nklered and
have a fire alarm detectlon 6yste!n' Town of vall
Fire DcpartnenU apProval of, the sprinkler andl fire
alarm systems 6ha11 be required before a building
permlt ls released f,or Phase I sxcludlng Phase rl
' or II.
11. The developer sha1l Eubrnlt a set of anended plans
to the Colorado DlvLElon of, High$ayE for revler,t
and approvaL. fh€ lnprovementa on cDoll property
proposedl by the developer nust receive cDol{
approval before Phase f, exalutllng IA' ff, and IIf
'are presented to the Town ot Vail D€sign Revier.t
Board for flnaL aPprovaL.
x2. The east buildlng lncludlng the tlro enployee
dwelling units shall be construcled lrhen the
parking atructure Is built to ensure that the
employee unlts are bullt.
L8.4 5,220 Emplovee llousin
The developnenl of sDD 4 will have impact.s on available
ernploy€e housing withln the Upper Eagle val]ey area. In
order to help rneet this additional employee housing need,
the developer(s) of, Aleas A and D shall provide enployee
housLng on sLte. The developer(s) of Area A shall build a
nLnirnum of I etrployee dwelling units withln Area A westhaven
condomLnLum building. Each enployee dwelling unlt in Area A
shall have a rnlnlmun sguare footage of 64s square feet. The
derrelopar of,,[rea D ,shall build 2 enrployee dwellLng unitE in
the Area D east brillding per the approved plan for the East
Bul}dlng. In lrea D one ehployee dluell ing unit shall have a
ml,nLrnurn GRFA of 795 aquare f,eet and the second enployee
dl{elling unlt shall }rave a mininunr GRFA of, 900 square feet.
The GRFA and nunber of enployee unlts EhaLl not be counted
toward allowablo density or GRFA for SDD4. fn Area A, the
GaFA and nunber of, enployee dwe}lJ.ng untts shall be
32
(
O'
.restricted as ehployee dlre11ing uni.ts for Z0 years ptus the
rif,e of rif,fany chrlstLne Lowenthar fron the date of f,inal
cdiiffl'iit6"6f occupancy f,or saLd units. The tvo e:nployee
d$€lling unlts Ln Area D sha11 be restrlct.ed as rent.al
enpLoy€c dwelllnE unlts Ferrlanent1y. In Areas A & D the
follovlng restrlctions shall apply to all enptoyee dweltlng
unLts: 'Th6 employee dwellLng unlt. sha1l not be 1eased or
rented for any perlod of leEs than 30 consecutLve days, and
tltat lf, rented, it shatl be rented only to tenants vho are
full tlne ernpLoyees l_n the Upper Eagl-e Valley. The Upper
tagle Valley shall be deemed to inclu<le the core valley,
l{inturn r Red Cllff, cilman, Bagle-vail, ancl Avon and ureir
eurroundlng areas. A full tine enployee ls a person r.rho
$orks an average of 30 hours per r,reek. In Area A. Lf an
€nployee duelllng unit ls so1d, it shall be solil only to a
fuLl tlne e$ployee ln the Upper Eagle Valley. The oirner
shall occupy the unit or J.ease/rent as per the requirements
in thls aectLon. In Area6 A & D the employee dwelllng unit
Ehall not be dlvlded lnto any form of tineslrare, interval
ot'nershlp, or frastl.onal fee ownership. A declaration of
covenants and restrictlons shall be filed on record in the
off,ice of tlre Eagle county clerk and Recorder in a forrn
approved by the Town Attorney for the benef,it of the Town to
Ensur€ that, the restrictions herein shall run Hith the 1and
bef,ore a bullding permlt ls reLeased for the const.ruction of
the enployee unlts In elther Area A or Area D.
18.46.230 qlrne Reoulrernsnts
EDD{ ahall be governed by the procedures outlined tn Seetion
18. 40 . 1?o of the Tor^rn of, vaIl trfunlclFal Code .
Sectl.on 4.
If any gart, eectLbn, subsectJ.on, eentence, clause or phrasg of
thle ordlnance Ls for any rBason held to be inva]id, 6uch
deelslon shall not affect the validlty of the renalning portions
of thls ordinance; and the toun council hereby declares it, lrould
hav6 passed thls ordinance, and each part, section, subsectlon,
C
33
I
sentence, elauBe or phrase thereof,, regardless of the fact' that
any one or Dore parts' sectlons, subsectlons, sentences, clauses
or phrae€s ba declared I'nvalld.
S6ction 5.
The fepeal or thB rePea} and re-enactrDent of aDy provislons of
the ValI Munlclpal code as provlded ln thls ordl'nance shall not
affect any rlght lrhLch.has accrued, any duty irnposed, any
violatlon that occurred prior to the ef,fective date hereof' any
prosetrutlon comhenced, nor any other action or proceedlng as
son:i€need und€r or by vlrtu€ of, the provlsion repeal€d or
repealed and reenacted. The repeal of, any provislon hereby shall
not revLve any provlsLon or any ordinance prevlously repealed or
superBededl uhfess expressly Btated herein.
S€dt ior, 6 ..
All bylaws, orders, resolutions and ordinances, or Farts thereof,
inconEletent herevlth are hereby repealed to the extent only of
such Inconelstency. The repealer shatl not be construed to
revl,ee any bylavr, orderr resolutl.on or ordinance, or parc
thareof, heretofore repeafeil.
IIITRODUCED, READ AND PI\SSED ON FIRST READING TIIIS lStl' day of,
--Oesg!hrl-, 1990, and a publlc hearing shall be held on thi8
ordinance on the tSth day of
-DgceDber-,
1990 at ?;30 p.n. in
the councll chaaberg of the ValL Munlclpal Bulldlng, vall'
Colorado.
ordered publlEhed ln full thls 18th day of, Deceober , 1990.
Kent R. Rose| Hayor
ATTEST:
I
r$TRODUCED, READ }ND
-APPROVED ON.SECOND READING ATID ORDERED PuBr.,rsHED LJr rrtra onlv thi; jlh:-il; ;.. Januarv , x!g(!t5.rggl.
m.-<-.
AqlggTt,r. :
L
fr
E:{nr8rr "o"o
I(OELiIEL PROPENTT
DEVELOPi.IE:TT ANEA A
va i I -Rose
Rosc PJ rccl
_ l Fart of the st{ I,/4 NE 1./4 of sectlon 12,Tgunship'S sourh, Rsnge Bl He;r of bha 6t,h p.li., aesi:fbed aa follor'rs:
Beqinnina at a p6int on the l{esb. Ilnc of, sald Stt 1./4 NE f ,/4 from wlich ttie Nortir or,.-quor ter".orrr.. of aoid Section bcars Nor:h 0oI5. East_2169..1 8 fdetl-tf,erce l|or!h ool5r Easr,along said t{esE Line. 15f,.36 feet io i point on the ioutneisirrf.,right of uay line of U.s. ltighr..ay tio. ei- thence. along said southeasterly right of way fine.' as- ioiiour, ,
Hort.h 5 o??, EasL, 102.31 feet;' NorEh 4e"?g: east. irg.sirei!ti .ne uorth 40ol3r.East, S{9.09 feEt, nore or less. to a point on the NolLh line of said St{ },/4 }tE 174; b:rence North ggol3l Easc, along the Norih. Iine of said SH' l7l Nr, ieS i."t, -rii" o,Iess, .o a poinb on the. centertine of CLre Creekr thence, along the cen t.erL ine of Gof,e Cree!: . as f ollor.rs I
South 360.tgrr Itest, 10I.04 feet;Sour.!r ].Bo2l r Nest., 5,1 . O8 f eE!,South Io?4r l.tes.., 205. O2 f,eetr souLh 120l0r ttest, 110.25 ieet; and Sourh 2Bo4l.r i\'est, 2.12. 3 5 f,ee E. thence Sou.sh ?5oIS ,WesC, L06{.I0 f,eet to re polnt o! beginnl:rg.
rr.rio ac)
3. L90 acre
.J
A trsct of land sl_tu3tei ln the Slih:E! of S€ciion 13,TP 5 s-, R- 81 1,1.. of the 6th p.il,, I:ring sourherly of tfrai--cer:rin trrcc of, lanrl describe<i in gook igi, -i"q" I97, Nor-.hes!.r and ltesterly of Ehe cen-.cr rine of Gore'cre;!:,-;"; i;,i;;-irliti,.ir" u"a Easterly oi those certain tracts described in So'of iff "t n"q; iiii,Dool: zlt ah pase l0B and .Bootr 2I5 ac page 3;i.-;;;";ii"i-"r-t f o I lorvs :
Beqinnincr. aE a Foint on the Nor-.h-South centeE line of sairr secci6n rz whence_tr't.-'Hor[n-qiutt"t.o.n"r of said Section 12 bears - O0olSr E. 2269.48 feet,thence N. ?5oI5' E. 346_?6 feets to the tEue poLnt of beginning, said poinc being on tlre saqlh tine of Lhat tracb. described il_!.gl ree,.pasl re? and ir,icr, rreaii il oe"iei-r."iioilIi-eu".trom the l.lorth quarEer corner of said Sect.ion t2t thence N. ?5oL5, E, 7I?.84 f eet. along the Southerly J line of ttrat trach clescrl.bed ln Book lii, fage i9f i"-ih" -.e,re",
of Gore Creek t thence s. ZBo4Ir l.r. 130.61 feet along the center Llne of sairl ereekt thence s. 05024r30' E. 104.S0 fe€t along the cenLer line of said Creek I
of said;r.:l:"." s. {9029. w. 95-10 f."r along ths cenr?r ].l'ne
thence S- ZZoJ4 r W. 124,47 feet along the eenter ILnE of, sald. Creek r
?r_:" le_e::;ti.!: t,1=l3i!!i"!;.'13;!1.':;..f; :1":,:t:1S.lllIo'il"Iand dcscribgd ir. Ilook ZII, eig. ioiii- ,'erEarn Eritct
thence I.t.. 33o16;30"-1.t.-I4it.12 feeE along-the tasterly tine of rtraE rrncr d"::Ii!Cg i, i";k-iii ar page t00i
No rllrea's rcri|"li;"tt; -57o4 2 r 3 s "-'tr' -
r-o sl B s ruut ironi - lr,e
b,rencc,,,':llli: iil.,i:.1;;:ii:!":a iiH,ii""i"ttfl:,lgo,Ilnc of Ehosc EracLs_described f" g""k-jrf aE page 108 Dook zII aE P.:gc l0G t.o. a pDinE;
NorEheasrcril"lli"to;.t3::J'lo" lf. -?6.08 reeL arons rhe 36s,'I;-il;-i,ii'i-"!'u:|il"lil:t described rn so;i ili ar rase )
36
o 1.260 actes
_ County of Eagle and Stahe oe Colorrdo, to wiLr A tracb, oE land sltuarcct ln tlre Sttlt.tEl of SccLion 12, To,nstrip 5 SouEh, Rsnge Sl l.res b oE tlra 6th prLrrcioal ltoridlon, rleecrtLort as follo1{s! Degtnnitrq ab a poirrL on hhi Nolgh-South cenecr line of said Sect,ion- 12 $lreircc tlle Nort,h quarter Corner ot sa iC Sectio' 12 bears Norttr 00 degs. 15 nrins. East, 2:69.48 feeL; rence Hortlt 75 degs. 15 r.rins. EaEE 3,16.26 feeer bhence South 32 deqs.57 mins. 3$ secs. Edst ?6.09 feet; L.hance south 1I degs. oO riins.3O secs. $ese 279.99 feeL to.a poirrt J.rr bhe center of-Gors Cree,L.;tlrcnce _Nortlr 50 degs. J2 rnins. ilesL ll,l.3I leet alons thc cen:er Iine of_ said creeki ttrerrce NorEh 38 degs. 40 mirrs. l.tisE 2J9.09 feet along tlre center lirre of said creek; thence Sout.lr 76 degs.
35 -rnins. l.lest 89.91 feer, along the cenler llne of said iroek to a pol,r t on the North-South centcr ll.ne of sairl Section.l2; ttrence North 00.degs. 15.nins. East 13.95 feeE along tlre Norih-South santer line of sald Section l! to.the point 6f beglnnj.ng.
Total .16.8 20 ac=ea
80.7 00 acrss
GORE CREgIi ASSCCIATES PROTERTT
BEVELOP:\IE|IT ARE:\S B, C & D
h t
$
g
+()
c ry
$
H
Ledal geFc!1rtion
All that Dart o f Section 12, Tor.nship 5 Sout'h, Range 81 l.test of the 6 th P.:.1 . . described as f ollo:..s I
All that par: of the NtNEk of Section 12, tying souc,herly of the SouUherly righl:-of -r.ray llnc of U.S. Illghway l.lo. 6 and NortherlT of, the Sou:herly line of said iJriNE!, as shor'rn on t,he p1at, on f ile Ln the office of the Eagle county ClerF. and RecordEr as Doc\rmenE,No. 97489, described as f ollor.rs:
Eeginning at the highr'ray survey moDunrent ae the intersectLon oi tlre Soubherly llne of sai.d highuay and the Easherly line oi said
N.!a'rEt, whence the Northeast corner of, said Section 12 bears North
0003 | l{esE.634.785 feet t tlrence South 73o25r30" West 11I2,13 feee along the Southerly righL of, lray llne of said highuay;
thence South ?0ol4r West 125.I0 fee! along the Southerly rlght of
way line of said highway,tbince SouLh 69025r -West, 100.00 feeh along Lhe southcrly rtght of vay lJ.nc of sa ld lrlEhr.tay I therrce SouHr 6SoSOr'llests J.00.00 feet along the Souhherly lirre of,
,sa1d lrlghway;
thence South 62015r l.lest 100.00 feet along the Southerly. rJ.ght of way IIne of sald hlghways
thence sout,h 5Bo40r wes! 100.00 feeb along the southerly right oE tray line of saidl hlghway;thence South 55u05' WesE 100.00 feet along the Southerly rlght of way line of Bald hlghvay;
thence South 51o32' l,lest 100.00 feet. along the Southerly righe of,way llnc ot said hlglrtray;
thence Soug.6 47o57r UesB 232.58 feet a1on9 the SouLherly right of *ay llne of sald highreay to a polnt on the Southerly line of said
NLNEI;tlrence Nortlr 8go33t East 497.67 f,e€t along th€ SouLh€rly llne of sald Ntl'lEl to tlre center of the NEk of BaLd Sectlon 12;thcnce Nortlr 88o33r East 1f,79.35 feet along tlre goutherly llne of said lllrlrE! to the Southeast corner of said NlrllEtr;thence t.lorth 0oO3t Wesh ?60.95 feet along ttre Easterly line of said HrrlrEt Eo les lntersecElon elth the Sourhirly llne of, said
hlghway, tshc polnt of beglnnJ.ng,
37
IND
-o
ca'lTriiuE?
AII that. Pari, of the St'rlNEt of, SacEion 12' lying SoulheEll'- oE
the cen!,ei of, core.creek as shot'tn on Ehc Plitr' on f ile in the
offlce of Ehe nagle CountY Clerk and Racordcr aa Documene llo.
9?.19 9 , described as follo\rs:
sedinnins at the Northeast corner of said Sl'llNE! t thincs Sauth 88o3lr t{est IlI.6? feec to a polnt ln Uhe cenEer of
said Creeki :
thence South 40009' Itest 94.04 feet along tlte ccnter of sald CrEekr
thence Soubh l8o2tr l.test 54.08 leet along the ccnter of sard Creef-t
thence Soulh Io!4' l,test 205.02 feeE'along the ccnEer of said Cree:{t
thence souLh I2a10r h'esE 110.15 feeb along hhe center oj said C:eeki
tlr€ncs souEh 28o.llr l'fesE 320.00 f eeEi lhence SouLh 5o2't'3o" EasC, l?O.Oo f,eet along tlrc center of sal'd
croer:,thcnee Soirth 2?o0o'o2q Itest 05.24 fe€t along the center of said
€reek i thence South 54000' t.lest 259.3,1 feeL along the center of Baid
cteek i .thenee Soulh 65o3't | !.lest 109,52 feet along the cenler of sald
creek i then€e South 69o0.tt ltest 186.11 feet alonq the center of, sald c:eek;
thence south 85035' l.lest 68.88 fe€E along the center of sald cre=ki
Llrence llorth ?fo36r west 26.96 f,eet along the censer of said c:ee!.,'
thence llorih 50032| l"'es t. I99.19 feet along the center of sald c:eehi
thence Norih 30040r I'lest 239.09 feeb along the cenler oi said c:eek;
thance South ?6035' l'fesi 89.9I feet along lhe center of, said c:eeki to a pelnt on the ttesterly line of said sl'iki'lE\,thence Soutlr ool5' ttest 4(i1.90 fcau to the center of said Secticn I?l
[tta$co !{or th 89. O2' EasL l]{12 _ 65 f eeL a}otr.l tlle $oubllqjfT llne of
s.1id SlikNEl to tlre Sou:haasC corner of said Sltlillc\t
thentre North 0006t East, 1384.32 feeb, along el'.e Easterl:, i.i*e oi said
$ttlrHEb to the Northeas! cor:ler of said SlllrNEk, the poi:l'. of
beg inn ing ,
JIllD
lhe NHhsEk of Section 12, Tounship 5 South, nange
6th P.!1. i
,tNO
EXCEP? TIIE FOTLOUING:
8l uest ot the
All Lhat part of, hhe SEkNlll.r of Section 12, Tol.rnshlp 5 gouth, Range 8l t{est of the 6Lh p.l't., lying Souiherly of, the southerly rl,ght of,t{ay llne of U. s. Itighr+ay No. 6 ' as shor'rn on the plat on f ile ln the office of the Eagle County clerli and Recorder as Docunents No. 97489 descrlbed aE f oLlolrs
Deginning at the Southeast cornetr of saLd sELNwk,thence souL.h B9oo2' Hes! 836.95 feeE along the southerly llne of,sald SETTNI\II to a poJ-nh on the Sougherly riglrh of, way llne of said hightray t thince- NoEth 52ol5r trast 105?.0? f,eet along- the SouLhetly rJ.ght of way lLne of, said highway to a point on the Easterly line 6t sald
SEblll.ltr;
thence south 0ol5t lrest 628.21 feet, along hhe Easterly llne of said 6EtNt{,{ tc tlrg EoutheasL sorner of, sald SEh}lttl, the point. o!beglnnlng I
that part descrLbed Ln Book ,I80 at page
that pdrt describedl Ln Eook 191 at page
that part descrlbedl .ln book 203 qt psgg
38
5{5;
24 r:
231t
I
CO:ITII!UED
thft pare desqrl,bed ln Dook 203 ae puge 53I:
C
tlrtt ceEEaln. lsland adjacent to the above-dusc:ibed propcrt.l, and IocatEd in the miCdle 6i core Creel, rvhich lhc paj:l.is intcia to $Eclude lrom this Erensac1ioni
Cor.nt$ o f Eag Ie ,S'rat€ of Colorado
ALSO NE FOLLO:.II||G PARCiL FOPJ.i;RL] ruIO',IiI AS THi 'COSGRIFT PARC:LU
I
A t.racc of land si tusEed in the Sll 1/4 liE 1/4 oi Secrlon 1?, To';nsbip 5 Sourir. Range 81 lfesr of the 6th Iri nc ipa I l{eririian, lying tlorthuesterly
of the cenLer ljne of Gore CreeX describe<j as follor,'s:
Ileginnlng at a Dolnt uhence tlre llorEh qurrLer
Corner of saii Section l? bears li. ll"03' L'.2291.72 feet; thence 5. 66"02'30" [,. 69.50 feet; Llietrce 5. 5t\'42'30" t. 1C9,68 feeti therrcg S.33o16'30" E,. Iq0,l2 feet Lo a point in che cen!er of saiti creek; Lhence S.65'34'h'. 109.6?
feer alonE the cen!er line of said cretki thence
5. 69'(rt' U. 9(t.?8 f eet alonp the. centci I ine of said creel(i thence li. 23"12'30" N.317.54 feet
ro th€ point of beginning, containing 1.05 acrel .
u10r a or lGEs,
ALSO DEsCF. i EEU
Eeqinajnr ai a F.,jnt tJience r}e I'lorth Querte;
Co?ner ol ss:d Sectioti lJ bcarr il. ll'03'. u.
21.1r.?Z le€ti tl,enqe 5. 85".i3'lq" E. Ef .8{ fee.t';
clrerrce 5.57.25'30" L. l69.diS Ie€L; Elrence S.
32"59'30" E. 141.47 feet to a point in the
cenLer of said creek; lhencc S. 65"31'36" t^r.
109.6? feet alonE, Elre centcr line of sairi creeki
rhence 5' 69o01 '36" l!. lO3.t'? feet alonB tlle centp? llne of Baid creeki LhcncF ll . 23"24'09"!:.31 9.(t9 feet to rbe point of beg.lnnlng.,
TOGETIIEII 1,'lTll en ees6oenr as described Jn'Docuaenr
recorded AuF.ust 5. 196ii in Dook 306 at ?aSe 443
and tesord.d l;. lao( 307 ar. Pege 86 of thii
Eagl e Gounty recor<i s.
ALSO including all uarer and uell righcs
appurt€nanL to chc above dascribed property,
JncluCjng, r.'irhout licitecjon, Vell Fernit l{o.
9+702, $ater rightr. decreed in Civil Ac:.ion Iio. 2375 ln Eagle C.ount5 District Gouft. and ell that porLioi. of t,'aLer ri EhLs decrccd in Gi're No. 80 C.l, +t0, Uater DJi'ision lio. 5,(Gore llo. l llell - 0.05 cls)
39
tl I
MINUTES
VAIL TOUN COUI'ICIL MEETING
JANUARY 8, 1991
7:30 P.M.
A r:egular rneeting of the Vaj l Town
1991, at 7:30 P.M., in the Council
MEMBERS PRESENT:
I,IIEI'IBERS ABSENT:
TOI{N OFFICIALS PRESEI{T:
Council Has held on Tuesday, January B,
Chambers of the Vall frlunicipal Building.
Kent Rose, lilayor
Tom Steinberg, Mayor Pro-Tern JIn Gi bson
filerv Lapi n
Robert LeVi ne
Peggy 0sterfoss
Lynn Fritzl en
Ron Phillips, Town lilanager
Laffy Eskwith, Town Attorney
Pam Brandmeyer, Town Cl erk
The fi.rst- item on the agenda was approval of the minutes of the December 4,18,.and-19, 1990,_meetings, _with a corrected spelling of Edward l,layne's narne in the December 19, 1990, minutes. Ton Steinberg moved the approvil of the three sets of minutes, seconded by Merv Lapin. ihe motion paiieo unanimouitv,o-u.
The second itern on the agenda was citiz€n participation, of which there was none.
Item No- 3 on the agenda was Ordlnance No. 44, series of 1990. first readinq.an.ordinance requesting a special Devel opment District for the sonnenalf ''
redevelopment, located at_20 Vail Road; a part of Lot L, Block S-i, Viii Village 1st_.Fillng. Applicant: Sonnenal p' pnoperti es , inc. - ,lohinnes Faessler, Mayor Rose r ead the full title of tire ordinance. ,:otrinnei -raess
t er stated that a letter had been written requesting the Town council [;tle-';hi;-ordinance.indefinitely. Mayor Rose stated the proposal was close to someihing the council could approve, but.the applicant should be willing to enter inio negotjations wlth the Town to determine just what changes nouTd ,""i a consensus of the couneil- Instead of-tabling this ordinance indefiniieiy,Merv Lapin suggested it be tabled until JuIy Z, 1991, while ttre preleni "'
council members are stil'l on the board. Meiv Lapin rnade a motioh io iior"this ordinance until that tirne, which Torn steinblrg seconded. A vote was taken and the motion passed unanimouiiy, g-0.
The.fourth item on the ag6nda was 0rdinance No. 36, Series of 1990. second reading, an ordinance repealing and reenacting Seciion 19.52.160, i";ii;;-Exemptions and repealing Section 19.b2.190, viriances or the iown oi u.ii Municipal-code and s€tting fopth the detaiis in p€gard thereto. l4iyor-Rose read the fu'll titie of the ordinance. Kristan prifz asked to wimaraw itrii ordinance and go back to the task force. There was no discr.rssion uv corniir.Tom.Steinberg made a motion to.this_effect, including a review on rinruiry ri,1991' which motion was seconded bv Rob Levine. A voie was talen, ana i["" --
rnotlon passed unanimously, 6-0.
The next item to be discussed was Ordinance No. 42, series of 1990, second reading, an ordinance repealing and reenacting chaiter g.29 of re'muniiipar code of the Tolrn of vair to expand, str.engthen, ani crarify
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p"ouiiiois relating_to_air pollution control , App'l icint: Town of Vaif, -wtricfi';iii;-;;.
.real ]? full. by t,tayor Rose.. Kristan pritz proposed ttrat a 6uUiii aisiri"ion be held et the evening session on January 15, 199r, _and that this ordinance be DrougnE Dack ror the next evening session on Februaiy 5, 1991. Rob Levine noved to table this ordinance until the February sth'Meiting, "iir'-puuiil-discussjon on January 18.
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The next item for consideration was ordinance No. 46, Series of 19g0, second reading, an ordinance anending sections 18,54.020 E of the vall Muniiipal code to provide for Design Review Board Meetings on the First and rhird l{ddnesdays of each month_only; anending section 18.54.050 A.5 to provide that asphalt ind fiberglass shingles may be p€rmitted on structures within the Town of'Viii -
under certa'in circumstances; deleting Section 19.54.0S0 8.13 of the Vail Municipal code; and setting forth details in regard thereto. Apolicant: Town of vail- ltlavor Rose read the title in fulr. 'A-motion for afpriial -nii
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lv-Merv Lapin and seconded by Tom steinberg. The motion p".lia un"ni*ouiiy,6-0.
The final item on the agenda.was Resolution No. 25, Series of 1990, a resolution declaring the need for a housing authority to fuhctio; in the Tovrn of vail' colorado. Kristan Pritz asked thit a publ ii discussion be h;id ;;'''.January 15, 1991, $rith co'nsi deration of this Resolution set for that evenins.The council said this was acceptable, and a motion to table ttris rJsoiuiion-'was made by Peggy 0sterfoss and seconded by Rob Levine and vJas unanimously'approved, 6-0.
There being no furthep business, the meeting was adjourned at g:ZZ p.n.
Respectful ly submi tted,
At tcst:
wli nutes taken by Janet Cassady
Sec
'fLJ Tdwn C lerk
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VAIL TOflII COUiICIL IIEETING
DECEI4BER r8, 19eo
7:30 P.14.
A regular [teeti ng of at 7:30 p.n., in the
MEI'IBERS PRESE{IIT:
TIIEMBERS ABSENT:
TOIIN OFFICIALS PRESENT:
the Vail Town Council was held on Tuesday, Decenber 19, 1990,Council Chambers of the Vail Municipal Building.
Kent Rose, llayor
Tom Steinberg, l,layor Pno-Tem
Jim 6i bson
Peggy 0sterfoss
Robert LeVl ne
Merv Lapi n
Lynn Fr i tzl en
Ron Phillips, Town !'lanager
Larry Eskwith, Town Attorney
Pam Erandmeyer, Town Clerk
The-first item on the agenda was approval of the minutes of the Hovember 6 and 20,
1990, meetings, with a corrected vote outcome for the November 20 minutEs. Tom steinberg moved to approve both sets of rnlnutes contingent on this correction, ano
Rob LeVine seconded that motion. A vote was takenr and th€ notion passed
unanimously 5-0.
Iten No. 2 was citizen Participation. There being none, the council moved forward to Item 3.
Jtem ,{o. 3 was appointnEnt.of a Liguor Authority Menber. pan Brandneyer stated because John Milligan had just moved to the Highland l*|sadolrs area, ani this area was not_currently a part of the Town of vall, that she was asking the goard to appoint oavid l/ilson to a Z-year term to the Authority. Jim Gibson ioved to approve lrlr.ilson's appointnent' and a second u,as made by Toh steinberg. A vote was iiken, ana the vote was unaninous 5-0.
Item ttlo. 4 was ordinance No. 43, Series of 1990, a second reading, an ordinance haking suppiemental. appropriations frorn the Town of vail General-Fund, police
seizure Fund, vail Marketing Fund, Booth creek Improvement Fund, and ihe l{est vail
Assessment District Fund of the 1990 Budget and the Financial pian for the Toffi of vail, colonado, and authorizing the expenditures of said appropriations as set forth henein. [tlayor Rose read the title in full. steve Barwick noted $2s,000 had been added to this ordinance in the General Fund to al'low for a workman,s'comp. utitins newly received by the Town of vail. Jim Gibson moved to apppove the ordinance an second reading. Peggy osterfoss seconhed that Botion. A vote was taken, ina tne.motion passed unanimousi y 5-0.
Item ltlo. 5 on the agenda ras Opdinance No. 42, Series of 1990, first reading, an ordinance repealing and neenacting chapter B.zg of the trluniciial code oi ttri rown or Vail to expand, strengthen,_and clarify code provisions relating to the air pollution control . The applicant: Town of vail, Flayor Rose riad the ti e in full. (ristan Pritz and susan scanlan spoke to the iisue, indicating siaf,f had been directed by the council and planning commission to update the existiig iir quiiriv regulations to incorporate technological changes and'to inrprove the air qu"i'ity ii the Town of Vail. The.PEC had approved thig draft ordinance E-0. The bjilqround on the proposed amsndnents to 0rdinance yrere as follows; 1) Only one certifiel nood stove or fireplace is permitted pen dweliing unit; 2) In-new ionstruction" up to three firneplaces can be constructed to be e{uipped with gas logs, bui ir nrori tnan one gas log fireplace is constructed, woodburning is no ionger-ai lor,red ln the unit;3) 6as-app1 iance fireplaces can be instaired in any dwellin! unit, not to exceed three in number; 4) The only.excepfion to these points is mide in"re;tri;t;J units,which are those secondary units in primary/secondary, duplex or sinqle-fanilr dist'ricts, where the restricted unit cannot ue suldir/ided or sold siparatelvl tn those restricted units, woodburning is no longer allowed. One tirepiace ii-n'oe cons,tructed for.gas 1ogs, and up to two gas appliance fireplaces can be installed.5) lJhen any nunber of separate units are cornbined to form i larger unit, and'each previously contained a solid fuel burning unit (fireplace or woidstove;, att sofiu fuel burners nust be renoved except one or be converied to gas with a riixlmun of three gas logs and three gas appliances per unit. Kent Rosi suggested the ordinance
needed to be strengthened even more. Tom steinberg indicated he thought it was
appropriate to forbid woodburning in any new construction, to plece a sales tax on all nood products with proceeds earmarked towand conversion to gas appliances, and that thls I anguage should be added to the actual ordinance ttto. 42. Later, he
suggested tt would be none appropFiate to add the earmarked funds as a maiter of.policy rather than incorporating thefi into the ordinance. Peggy osterfois
reconmended providing strong incentives to choose alternatives for allowing one
woodfiurning appliance and to put the proce€ds fron cqnversions into a fund to provlde assistance to others to he'lp in conversion to gas. She suggested this uould
be both beneficial and fair. Further discussion ensued regarding setting a. fee at a premium price, such price to be left blank until second Feading of the ordinancs,Also considered ge1 logs as a.further possibility to those in lierr of gas and also t0 consider the price fop the set fee for woodburning units to be.in a ten to one conversion rate, i.e., if the cost of the conversion to gas is estifiated between
$800 and $1000, that the pernit fee per woodburning unit be set.at $10,000. Rob
LeVine then moved to approve 0rdinance No.42 on first reading, $ith the suggested
changes Iisted belon. Tom Stei nberg - seconded this motion. The suggtisted c[inges wePe: l) lrlo woodburning should be allowed in new construction rjr renodels exc;Dt if a person _is.willing_to pay $10,000 for a woodburning fireplace peF new dwelling unit; and 2) An estinated fee in the amount of $10,000 for a mildburining fireflace would be used to assist conversion of woodburning fireplaces to gas, A vote wis taken, and the notion pa$sed unanlmously 5-0.
Item l'lo. 7 on the agenda was 0rdinance No. 46, Series of 1990, first reading, an ordinance amnding sections 18.54.020 E of the vail Municipal code to provili for Design Review Board l'{eetings on the first and third }lednesdays of each nonth only;amending s€ctio 18,54.050 A.6. to provide that asphalt and fiberglass shingles may be p6rmi tted on structures within the Town of vail under certii n
- ci rcumstaices;deleting Section 18.54.050 8.13_of the Vail Municipal Code; and setting forth details in regafd thereto. Applicant: Town of vail. sayor Rose read the title in full. shelly Me11o reported this ordinance nas for houseieeping purpos;; fon the aoning code. She explained the minor modifications to the g;iaelinei. Toft Steinberg moved to approve this ordjnance on first rerding.: peggy.0sterfoss
seconded that motion. A vote was taken,-and the.motion pissea unin i mousl y-+-0. (At this point, J'in Gibson had stepped out of the room.)
I te,$ No. I on the agenda was Resolution No. 26, Series of 1990, an honorarv resolution on behalf of the Town council of the Towr of vall, colorado, reiognizing the contributions of red Kindel for his years of service to ihe conrnunity of*vail,-Colorado. Following conments by Tom Steinberg and Kent Rose, Tom StJinUirs noved to approve_the nesolution, with a second from peggy 0sterfoss. A vote was ta[.en, and the motion passed unanimously 5-0.
Iten No. .9 on the agenda was a sign variance for Big Horn Rentals, located at 4327 Streanrside Circle; Lot 6, Big Horn 4th Fjling. Appi.icant: Douglis Hillen. Andy Knudtsen explained the owner of Big Horn Rental$ rroui d lJke to ieplace the existing non-confonmi ng, freestanding sign with another sign of the same size, at the sane rlocation. Ilr" ltgn code pnohibits alterations to nonconforrning signi wittrout a variance. The DRB voted 3-0, recocmending approval of the reqlest-wi th the conditions that the height of the sign be reduced to g feet, and a planter-with flowers to be added to the base-of the sign. sumariring ie vaniance uicrgrouna
"931e::, the -fi ndi ngs,
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and. staff analysis, Andy stated t[e oRB genera y ha; agreed e,ith tne staff rationale that a_variance could be,approved if tfie sign were brought closer to conformance with the Town sign code. After the applicant iade a few rnodifications, the DRg recommended appnoval with a 3-0 vote.' The stifi-pos.iiion was to support a request for an alteration to the nonconforml ng sign which riuld be more
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compati bI e with the surrounding residentlal neighborhood. The staff did not feel that the current proposal , hoy,rever, tas close enough to confornance or net the findings of the slgn code- specifically, Finding c, which speaks to general harrnony
was not met, Flnding E also was not met as the request vras too gneat a deoartune fron the sign code. Douglas Hiller stated that the sign lrould ba z fest lbwer than th€ current sign, and wanted to upgrade the sign and beautify the area. After discussion, at 9:00 p.m., Jim Gibson moved to go into an executive session. This motion was seconded by Rob LeVine, and the motion passed unanimously 5-0. At g:10 p.m.' the council reconvened the meetingo and Rob Levine made a motion to aosrove the variance for the sign. This rnotion was seconded by l(ent Rose. Rob basei his motion on the fact that the applicant did have a physical handship, and this rElated to each of these findings: A) a.physical hardship; B) special circunstances; C)special ci rculrstances not created by the applicant or anyone privy to the apiliiant;D).the granting of the variance would be general hawnony with the surrounding neighborhood; E) the.va.riance applied for did not depart from the provisions-ef this title-anlmore than is required to identify the applicant,s businesi or use, peggy
0sterfoss daclaned based on the criteria, there was no physical hardship, and thi!'this was not in general harmony with the :urrounding neighbonhood, and eicouraged the applicant to comply with the general guidelines. Kent Rose siated because-of the location of this business on Big Horn Road and wlth the knowledge that many condo projects already have obvious signing, the sign ruould be r seivile to Ientere. since the business was on the edge of the neighborhood on a busy road"special circumstances and physical hardship existed. Kint Rose also statid that the site topography in the area of the sign nade it sonehhat difficult to see from Bighorn Road. Jim Gibson stated he did not wish to support this varlance beciuse he uould be legallzing a nonconforning sign. At this point, a vote vias taken. and the vote passed 3-2, with Jim Gibson and Peggy osterfoss voting no.
Item lilo. 10 on the agenda was the Ski Muser,nm Lease. Following discussion, Jin Gibson moved to approve the lease as presented by the Town Atiorney, with a second fnom Kent Rose. A vote was taken, and thls motion passed unanimouiiy S-0,
Iten ilo. 1l was action on the Town Manager conpeosation. xent statEd that thB Tovrn i4anager's productivity and his accomplishments nene quite good, that Ron was thougtrt of highlv, and that a l0% increase to.his base compensatioi hai been rugg"ited by-the councii. Rob Levine suggested this was not to be considered a preciient, bul in fact put Ron's salary more in line for overall TOV ernpl oyee compensati on, Jim
Gibson. rnoved to approvo the 10% increase. Rob Levine sei:onded that motion. A vote was taken, and the fiotion passed unaninously 5-0.
There being no further busjness, the rneeting was adjourned at g:40 p.m.
Respectful Iy submi tted,
ATTEST:
Hinutes taken by Pamela Brandmeyer
PameTa A .- Brdndm*-e r,--ToM -eTe rE
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ORDTNANCE NO.20 Series.of 1990
AN ORDINANCE AMENDING ORDINAIICE NO. 10, SERIES OF 1990,
SPECIAT DEVEI.oPI4ENT DTS1RICT NO. 4,
SECTION 18-46.100 C, DENSITY FIOOR AREA, AREA C
ELEN I,YON DUPLEX IPTS TO PROVIDE FOR GRO55 RESIDENTIAIJ
FI€OR AREA TO gE CALCIJIATSD PER THE REQUIREIiIENT or' rl|E pRrr,rARy/sEcotrDARy zoNE DrsTRrgr sEcrlofi LB.13.O8O
DENSXTY COIITROT; AND SETTING FORTH DETAII,S IN REGARD THERETO.
WHEREAS, Chapter 19.40 of the vill Municipal code authorizes
Special Developnent Districts withln the Town; and
WIIEREAS, the To\,rn Couneil approved Ordinance No. t_0, Series
of 1990 SpeclaL Developnent District $o. 4 Cascade Vil1aget and
WHEREAS. a najority of, the property olrners withln Area Ci
cLen Lyon Subdivision of Special Developmqnt DLstrict No. 4 have
requeEted to anend Section 18.46.L00C of Special Development
District No, ili and
WHEF;EAS, the Planning and Environmental Commission has
recormlended that the Gross ResidentLal Fl-oor Area for Duplex lots
within the clen Lyon subdivision be calculated per Section
18.L3.080 of, the Vail Municipal code; and
WHEREAS, the Town councLl considers that it is reasonable,
appropriate, and beneficial to the Town ancl Lts citizens,
inhabitants, and visitors to amend ordl-nance No. l-0, SetLeE of
1990 to Frovide for this change in Speclal Oevelopnent District
No. 4, Cascade Village. Area C Glen Lyon Duplex Subdivj.sion.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COTORADO, AS rOttOWS:
section 1.
All the procedures required for a MaJor amendment to an SDD as
set forth in Section 18.40.100 have been co:nplied uith.
Section 2.
sectioD 18.46.10o Paragraph c, Density Fl-oor Area, Area c, clen
L,yon dupLex !-ots is hereby amended by the deletl.on of the
follo$ing sentence:
If any part, sectionr subsection. sentence. clause or phrase of
thlE ordlnance is for any reason held to be invalid, such
decision shall not affect the validity of, the rernaining portions
of this ordinance i 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 facl that
any one or nore patts, sections, gubsectLons, sertences, clauses
or phrases by declared invalid.
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gection 4.
Itre To$n Council hereby find6, deterrnines and declares that this
ordinanee is nacessary and proper f,or the health, safety and
9r61far€ of the Tolrn of, VaiI and inhabitants thereof.
section 5.
The repeal, or the repeai- and reenactnent of any provS.sions of
vail Uunicipal Code as provided in this ordinance shall not
affect any right which has accrued, any duty iraposed. any
violation that occurred prior to the effeclive date hereof, any
prosecution comnenced, nor any other action or proceedinq as
connenced under or by virtue of, the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
section 5.
All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent hereuith are trereby repeated to the extent only of
sueh inconsistency. This repeaLer shall not be construed to
ravis€ any bylaw, order, resolution or ordinance, or part
thereof, heretofore repealed.
INjrFODUCED, READ AND PASSED
JulY , 1990, and a
ordinance on the 3rd 46y
ln the Councll Chambers of
Colorado.
ON
pub
of July . 1990 at 7:30 p.n.
Vail Municipal Bul}ding, Vail,
FIRST READING THIS grA dAY OT..
lic hearing shall be held on thts\
Ordered publLshed. Ln fulL this 3rd day of July , 1990.
ATTEST:
II{TROOUCED, RXAD A}ID APPROVBD ON SECOND READXI{G AND ORDERED FUqLISHED bv rirle onry this tztt' day of .Trrr]r , 1990.
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ATTEST:
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MTIIUTES
VAIL T0l{l'l COUI{CIL t'lEETItlC
,IULY 3' 1990
7:30 P.14,
A regular neeting of the Vail Town
7:30 p.m., in the Councjl Chambers
MEilBERS PRESENT:
M€ilIBERS ASSEI{T;
TOI.IN OFFICIALS PRESENT:
Council was held on Tuesday, tluly 3, 1990, at of the Vaii Municipal Bullding.
Kent Rose, .ayor
Tom Steinberg, l.4ayor Pro Tem
Lynn Fri tzl en
. ltlerv Lapi n
Robert LeVi ne
Peggy 0sterfoss
Jim Gibson
Ron Phi I I ips, Town tlanagep
Lanry Eskwith, Tonn Attonney
Pam Brandneyer, Tolrn C lerk
The first ltem on the agenda was citizen Participation. Janss Johnson discussed the present outlying bus schedule and revi ewed a proposed new schedule he developed.
I'tlayor Rose stated council appreciated the time and effort Jarnes had sDent on this item, and lt had been discussed at the l{ork session that afternoon. ite aouiu tnat the proposed schedule may not be feasible because of the Town's budqet. but staff would look into chenges and be neady to discuss wlth Council next wiek.
Next was a Consent Agenda of the following ltems:
A. Approval of lllnutes of the June 5 and 19, 1990 meEtings
B. Ordinance No. 18, Series of 1990, second reading, an ordinance amending Section 18.12 of the Vall Mun.icipal Code to pnovide for bed and breakfist operations under certajn provisions and ci rcumstances and setting forth details in regard thereto. (Applicant: Tonn of Vail)
C. Tabiiqs to..]uly 17 Evqr.rinq t4eetinq of Ordinance No. 21, Serles of 1990,second reading, an opdinance designatlng an underiying zone district of high dEnsity murti-family to special Development Distitct l'ro, 7, conmonly referred.to as the Harriott Uark R€sort; and sett.ing forth details jn
. regard thereto.
D. @ 0rdinance N0.22, Series of 1990,Ill.st readtng, an ordtnance amending Special Devel opn€nt District No, Z,
conmdn ly
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referred to as the l'iarriott trrark Resort, aird the development pian ' in accordance. witb Chaptbr 19,40 9f the Vail Municipal Code; and settiirg forth details in regard thereto.
E. fablinq to.Jgly 17,Ev?ninq ilq€tinq of an appeal of a planning and Lnvironnentar commission decision regarding the pECrs denial of a request
f9r a hgigh! variance for an addition to Condomi ni r,nn Unit E-6, Lot p,' Block 50, VaiI Village lst Filing (l4l East l,leadow Drive - Crossroads
Condominiums) (Applicant: Sid Schuitz for H. l'liIIiam Snrith)
F. Resolution t'lo. 16, series of 1990, a resolution authorizins the acouisition by the Town of vail, colorado (the "Town") of certain reai -prooeriv- located ln the Town frorn Robert H. Glake and Fepn F. Glake (,'Selterii) ior I purchase price of 9109,000; such real property to b; devoted to public p[rposes; authorizing the issuance by the Tor*r of its promi ssopy note ln the amount of $97,200 payabre in thrie annual installmlnts, and-seiured by a deed of trust upon the subject real property; and prescribinS ot[ir details in connection with such acquisition ani purchase,
G. Resolution No. 17, Series of 1990, a resolution authorizing the acouisition by the Town of Vail, Colorado (the ,,Town") of certain real -property located in the Town from Dixon Keyser and Lucille Keyser (',Seller,,) foi a iurchase prlce of 9109,000; such real property to be ievotid to puUi i c
-punp5ies;
authorizing the iEsuance by the Town of its promi ssory hote in'thi amount
r,of i87,200 payable in three annual installm€nts, rnd secured by a deed of trust upon the subject real property; and prescribing other detalls ln
connection with such acquisition and purchase.
Mayor Rose read the ful1 tltles of all iterns. After a short discussion, Merv Lapin
made a motion t0 approve the consent agenda a$ presented, Ton steinberg seconded the motion- A vote'was taken and the motion passed unanimously 6-0.
No.
primary/
deta
amendment
deve
Lnvt
oppos
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l'lext nas Ordlnance t{o. 23, series-of 1990, first reading, an ordinance amending Section 18.26-040 of the Municipal Code of the Town of Vail to include as a condltional use "Television stations" in the conmercial core II zone district and settlng forth the details in regard thereto. (Applicantt Vail/Beaver Creek Televlsion l'letwlrk) i4ayor Rose read the full title. flike itollica gave backgrouno
i nfornati on and revl ewed the zoning criteria used in evaluating the-nequest io add
"TV statlonsrr as a fipst floor level , conditional use in the comercial core II zone district. f'li ke noted staff reconmended denial because the request was not consistent with the reviev{ criteria and $as inappropriate for'first floor level space. He reviewed the Planning and Envi rorurental Comtisslon's vote of 4-Z for
dEnial , with chuck christ and Oalton !{illiami opposing. Mihe also referred to the staff memo dated July 3, 1990 showing PEC nrembers, conments. Bill perkins.
representing the vaii/Beaver creek relevision Netlrork, geve reasons why he'felt the reqrest for conditional use should be approved. After much more discuision, lfierv Lapin nadE a notion to approve the ordinance on first neading. seconding ihe motion was Peggy 0sterfoss. Lynn Fritzlen suggested two additional iterns be iniluded in the criteria for conditional use: l) a studio or production roorn be visibie from the street' and 2) only eable casting with no broadcast antennas being permi tted.llerv amended his motion to include the addltional crlteria. A vote wis'taien anc the motion passed unanimously 6-0.
Fifth on the agenda was 0rdinance No. 25, Series of 1990, first reading, an ordinance anending special Devel oprnent District No. 23, ihe vail Natioiil danr Building,_and setting fopth the detaili _in regard therito. (Appllcant: Vail National Bank Bu.ilding corp.) ltlayon Rosb read the full titl; ;i the ordinance.Mike ltlollica mentioned the vail National-Bank had been before council a few months earlier to rEquest an amendment to sDo No. a3. The request noh. was almost identical in that it included the enclosdre of tr'ro third floor decks. Mike gave brief background lnfonmation, noting the pnoblems with the prior nequestl and how tne request has changed. ||e then detailed the SDD criteria used in thi evaluation,adding staff reconmended approval of the request, with two conditions: .
l. The Town of vail.nill not issue a tenporary certificate of occupancy to the v-ai.l National Bank (for. the enclosure of the two balconies), untit suih lime as ttre Medical center receives a temporary certificate of occupaniy for the iariiiii structure.
2. If for some unforeseen reason the l'ledical Center's parking structure is not completed, the newly constructed deck enilosure shall only ni attoieo-to-bi useo ror cofimon storage. The owner shall be required to submit a wpltten agreemeni-addressing this condition.on the use of the space for.the rown ntiirnev;s -revi
eu,and this shall be recorded on thE iand recordi at the'Eagle Countv Ciiif-anJ Recorder's offi ce.
Mike reported the Planning and Envi ronmental Conrnission voted 6-0 for a
reconmendati on . of approval . At this time, Rob Levine made a notion to approve the ordinance on first reading, with the conditions as recormended in the staif nemo dated June 25, 1990. |i|erv Lapin seconded the rnotion. After some discusiion, Tom
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represent
explained why he would have to vote against the request. Jay peterson,
ing the app'l icant, responded to Torn's concerns,
There was discussion by council to add language in the ol{hereas" section to indicate this was a special ci rcumstance to solve intricate parking probiems. Rob anrenddd his motlon to include the added language, and I'ilerv amended his Eecond. A vote was
taken and the motlon passed 4-2, with Tonr Steinberg and Lynn Fritzlen opposing.
Sixth on the agendr was Ordinance llo. 26, Series of 1990, an emergency ordinance for the purpose of allowing pasking as a tenporary penni tted use in an area south of the Vista Bahn terminal fiom Vail Road to Chair 12, and setting forth details in negard thereto. The full title of the ordlnance was read by Mayor Rose. Ron phillips
cormantEd the ordinance was written to alleviate the telporary parking 'problern, and
was discussed with Vail Associates (ownen of the property), the Foresi lervice, and surroundlng business owners - all approved. Ron then reviewed drawings of lhe ppoperty where the ptoposed parking would take place. He added the planning ard
Environmental Cownission, at the Council tlork Sission today, was infbr*ned oi the plan' and there uere no obJections voiced. There nas some dlsiussion that lt would be a good idea to notify the property ovrners around Mill creek circle by letter of the plan. A motion to approve the oidinance as an €lprgency ordinance ias made.by Ton Stelnberg and seconded by Peggy 0steffoss, A vote was laken and the motion passed unanimously 6-0.
There being no funther business, this meeting was adJourned at 9:40 p..m.
Respectful ly subnitted,
ATTEST:
Jilinutes taken by Brenda Chesman
Parnel a A. Biindmeyen,
' i'R.El O,t,2f, nqo o
ro: ","..,StilQs&$,,ileRg* c.P
Department of Cornmunity Development
June L1-, 1990
A major amendment to Specj-al DeveLopment District No.
4-cascade Vi1lage, Area C, Section l-8.46.1-OO, Paragraph C: deletion of the following sentence rrNo residential lot shall contain more than 4200 square feet of GRFA per the clen Lyon subdivision covenantslr, which arnends the GRFA requirement Lo conform to the
Prirnary/Secondary zone district, Section 18.13.O80,Density control .Applicant: Greg Amsden for 75t of the property olrners.
.qEscRIPTrON OF THE REOUES? i
The applicant is requesting a major amendment to ]special Development District No. 4, Cascade Village. Th4 request is to delete the requirenent which states '!No residdntial Lot shatl contain more than 4200 sq. ft. of GRFA per the GLen .
Lyon Subdivision covenants.rr The amended code will read xcRFA shall be calculated for each lot per Section
18.13.O8O, Density Control A and B for the primary/secondary
dlstrict of the Town of Vail Uunicipal Code. -With the
ors
overned
3.Because of the l"ot sizes, the amendrnent will a}low aO of the 5L dup}ex Iots to increase their GRFA over what is currently allowed by the SDD No. 4 density requirements. However, these Lots will not be granted more than what is allowed under the
Townrs density control for Primary/Secondary lots. The applicant is not requesting any other changes to the
FROM:
DATE:
SU&IECT:
r.
*
At the tirne that sDD #4 was adopted, the GRFA definition was in the process of revision. By putting a naximum cRr'A in the density requirement for the SDD, the developerrs intent
was to lock in a specified GRFA allowed for the lots. This
vras intended to protect against future changes ln the interpretations of GRFA. The ceiling, holrever, became a restrictj-on for the GIen l4ron property--ownersr'-as--the GRFA
requirernents did not become more restrictive (as the
developer had anticipated). Jim Rubin, the Cornnunity
Developnent Department director at the time of the original
ilrse";:;'ilT":Hl.::if;:'t#l.ill-"n; *$*trtB8*g
GEI Od.1o, l.flo
TO: VaiI Town Councll
FROM: Department of ConmunitY
SU&T! .Rnrendment to SDD #4 - Cascade Village concerning the naximum
allowed GRFA for all duPJ-ex lots.
DATE! ,tuly 3, L99O
on,fune 11, 1990 the PEc reviewed a request for an amendrnent to sDD
#4 - Cascade Village. The amendment would delete rrNo residentiaL
lot Ehafl contain more than 4,2oo sg. ft. of GRFA per the Glen Lyon
Subdivision covenants.rr The amended code will read ftGRFA shal1 be
caleulated for each lot per Section 18.13.o8o of the Town-glVail
MunicS-pal Code.D(See attached nemo dated June 11, 1990) fThe PEC
recorunended approval of the amendment by a vote-jof 4-l-.'-* Diana
Donavan voted against the request because she did$lfeel comfortable
with the increase{development that would be aLlowed over what is
eurrently aIlowed.
J
The Etaff ""t""6C.d the issue in order to find any background
infornation that might be available that would give reference to
the Limit on the maximum on GRFA for duplex lots that was
instituted. Attached are ninutes from The Planning Connission
meetings on July 14 and Decernber 27tn.' L977. On JuLy 27 the PEc
reviewed the original subdivision plan. There l-s reference to the
downzoning that was proposed in the development plan, but no specific reference to a maxLmum GRFA for the duplex lots' On
December 2?, the finaL plat was reviewed. There is .specific
reference to the 42oo sq. ft. GRFA maximum in the ninutes. The
maximum however, had not been discussed in any other previous staff
nenos or minutes of the ireetings during the review period. In
addition, at this tj-me the Town was in the process of reviewing a
Grohrth Management Plan for the Town which inplemented downzoning
for a nurnber of areas in Vail. There were references to the
applicability of this project to this plan. rn the July 14th
nimrtes th-eFE-- is- e refe?cnce -to--l !r by one of
the FEC nembers. (See attached memo for furtber
background informatlon. )
Rilll*trt\ {,lo*c.n
Developrnent r
tr
Uo
LCIL ftiad" w{
Tb,ul +?s\Wbry"/v(
[,{r,rv. [aq'v'-.-
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RE: Otrl ro' lilli
nt0
Rose read the full titles of all items. After a short discussion,f'lerv Lapi n
seconded
setting forth the details in regard thereto. (Applicant: Vail/Beaver Creek Television I'rletwork ) Mayor Rose read the ful1 title. t'like litolllca gave background infornation and reviewed the zonlng criteria used in evaluating the-request [o add "IV stations" as a first floor level , conditional use in tha Comraerciai Core Il zone district,. Mike noted staff recommended denial because the request was noE ' consistent lrith the review criteria and was inappropriate for. first floor level space. He reviewed the Planning and Environmental Cornrnissionrs vote of 4-A for denial , with Chuck Christ and Dalton ltil'l iams opposing. l.li ke also referred to the staff memo dated July_3, 1990 showing pEC members' conments. BiIl perkins,
representlng the Vail,/Beaver Creek Television Netwopk, gave r€asons why he felt the requost for conditional use should be approved. After riruch nore discussion, Merv Lapin made a notion to approve the ord'inance on first reading. Seconding tfte motion was Peggy 0sterfoss. Lynn Fritzlen suggested two additional-ltems be iniluded ln the cfiteria for conditional use: 1) a studio or production room be vjsible from the street, and 2) only cable cast'ing wjth no broadcast antennas bejng permitted,
Merv amended his motion to include the additiona'l criteria. A vote wis taken and . the motion passed unanimously 6-0.
Fifth on the agenda
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was
_
Ordi nance No. 25, Series of 1990, first reading, an ordinance arnending.Special Development.District No. 23, lhe Vai l National Bank . Building' and setting forth the detaili ln regard therito. (Applicant: vail National Bank Building Corp. ) Mayor Rose nead the fulI title of the ordinance.
in that it included the enclosrrre of two third floor decks. t{lke gave uiief ' - --
background 'information, noting the problems with the prior requesti and hor{ the request has changed. He then detaiied the sDD criteria used in thi evaluation,adding staff recommended approval of the request, with two conditions:
1. The Town of Vail will not issue a tenporary certificate of occupancy to the Uail National Bank (for' the enclosure of the tio haiconies), untll such time-as the Irledi ca'l center receives a temporary certificate of occupaniy for ihe parking structure.
2. If for some unforeseen reason the lrledical Center's parking structupe is not completed, tfe neryly constpucted deck enilosure shalI only lL arioieu-to-be'usea ror conmon storage' The owner sha'll be required to submit a itritten "gree*ini-
-
addressing this condition.on the use of the space for.the Town Att6rney;l reviev{,and this shall bE recorded on the land records at the'Eagre c.rniv-ii'.".r-"ni'Recorder's 0ffi ce.
Mike reported the Planning and Environmental conrmission voted 6-0 for a recommendati on . of approval . At this time, Rob Levine made a motion
-to-approve
the ordinance on_first reading, with the conditions as reconmended in ir,"-silii-r"ro dated June 25, 1990. trlerv Lapin seconded the motion. After sorne ai".u"iion', rorrl
motion to Tor4l$inberg
Sect i on 18. 26. O4FFlE-l,4uni c iffi nclilFlli?conditional use "Television stations, in the connercial core ll uone district and
fii..i on the agenda was Ordinance No, 20, Series of 1990, flrst reading, "F
f
ordinance amending Ordinance No. 10, series of 1990, special Developmei[ District
reading, which Peggy Osterfoss seconded, A vote was takin and the motion paised
1194pimously 6-0.
No, 4, Section 18.46.100 C, Denslty Floor Area, Area C Glen Lyon duplex lots to ppovide _for gross residential floor area to be calculated per the rlquirement of the pri mary/secondary zone district section 18.13.080 Density control; and setting forth details in_ regard thereto. (Applicant: 75% of Glen Lyon subdiviiion property owners) The full title was read by tr,layor Rose. Shellt ilel 1o explalnda tire
amendment and exactly what the changes would do. she reviewed the s00 criteria and developnent standards used in evalsatlng the request, noting the planning and Envlronnental commission approved the request by a vote of 4-1, wittr Diaia Donovan opposing. she'lly and Kristan Pritz then answ€red questions of'council. Andy Norris gave some background infornation to help c'lear up some mi sunderstandi ng of riasons for.the changes. Tom steinberg then made a motioh to approve the ordiiance on first
of 1990, f
-L-
I
fniwtrr
ralrslttro
REls&t15,
ft
needed to be strengthened even more. Tom Steinberg indicated he thought it was
appropriate to forbid woodburning in any ne$, construction, to place r sales tax on aII wood products with proceeds earmarked toward conversion to gas appliances, and
that thls language should be added to the actual 0rdinance N0.42. Later, he
suggested it would be more appropriate to add the earmank€d funds as a matter of'
policy father than incorporating then into the ordinance. PeggJ 0sterfoss
recomnended providlng strong incentives to choose alternatives for allowing one
urodburning appliance and to put the proceeds from conversions into a fund to
provide assistance to others to help in conversion to gas. She suggested this would
be both beneficial and fair, Further discuss'ion ensued regarding setting a fee at a
premiun price, such price to be left blank until second reading of the ordinance.
AIso considered gel logs as a further possibility to those in lieu of gas and also
to consider the price for the set fee for woodburning units to be in a ten to one
conversion rate, i.e., if the cost of the conversion to gas is estimated between
$800 and $1000, that the permit fee per woodburning rnlt be set at $10,000. . Rob
LeVine then moved to approve Ordinance No.42 on first reading, with the suggested
changes Iisted below. Tom Steinberg seconded this motion. The suggested changes were: 1) No woodburning should be allowed ln new constnuction rir remodel s except if
a pepson is wi] Ilng to pay $10,000 for a ce per new dyrelIing
uni t; and 2 ing fi repl ace
be permitted on structures within the Town of Vail unden certain circumstances;
deleting Section 18.54.050 B.13 of the Vail Municipal Code; and setting forth details in regard thereto. Applicant: Town of Vail. f'layor Rose read the title in full. Shel 1y Mello r€ported this ordinance was for housekeeping purposes for the
zoning code. she explained the minor modifications to the guidelines. Tom
Steinbeng moved to approve this ordinance on first r€ading. Peggy.0sterfoss
.seconded that motion. A vote'was taken, and the motion passed unanlmously 4-0. (At
tllis_poiq!, Jim Gibson had stepped out of lhe roorn. )
Item No.8 on the agenda was Resolution N0.26, Series of 1990, an honorary
resolution on behalf of the Town Council of the Town of Va'il, Colorado, recognizing the contributions of Ted Kindel for his years of service to the community of Vail,Colorado. Fol lowing comments by Tom Steinberg and Kent Rose, Tom Steinberg moved to
approve the resolution, with a second fron Peggy Osterfoss. A vote was taken, and the motion passed unanlmousiy 5-0.
Item No. I on the agenda was a sign variance fof Big Horn Rentals, located at 4327
Strearnside Circle; Lot.6, Big Horn 4th Filing. Applicant: 0ouglas Hi11er. Andy
Knudtsen explained the owner of Big Horn Rentals would like to replace the existing
non-conforrni ng, freestandjng sign,wii.h another sign of the same size, at the same location. The sign code prohibits alterations to nonconforming signs without a variance. The DRB voted 3-0, recommending appnoval of the request with the
conditions that the height of the sign be reduced to I feet, and a planter with flowers to be added to the base of the sign. Surmarizing the variance background request, the findings, and staff analysis, Andy stated the DRB generally had agreed with the staff rationale that.a variance could be approved if the sign were brought closer to conformance with the Town Sign Code. After the appiicant made a few modificltions, the oRB recommended approval with a 3-0 vote. The staff posjtion was to aupport a request for an alteration to the nonconforming sign which would be nore
ass'ist conversion of woodburning fireplaces to g
, and the motion passed unanimously 5-0.\
Item No. 6 was Ordinance l,lo. 45, Series of 1990, an ordinance requestlng a najor
landscaping around the site, Jim Gibson moved to approve this otdinance on first reading. Tom Steinberg seconded the motlon. A vote ryas taken, and the motlon
passed unanimously 5-0.
amendment to SDD #4, commonly known as Cascade Viliage, Section 18.46-Area D, in
order to adjust the phasing in order to allow for an office addition to the Glen
Lyon office bujlding, 1000 S. Frontage Road llest, Lot 45, Block K, clen Lyon Subdivlsion. Applicant: Glen Lyon 0ffice Building Partnership. trlayor Rose read
the title in full. 5he1Iy Mello explained the applicant nas request,ing to amend SDD
#4 in order to allow for the enclosure of an existing deck without meeting all of the conditions of approval related to this SoD. The proposed deck enclosure would
be papt of the 2800 sq. ft. office expansion previously approved by the Pianning
Conmission and Councj l in March 1990. The Planning Commission had voted unaninously to approve the amendment. The applicant would be adding 400 sq. feet. As a part of the approval, the applicant further would be undergrounding utjlities and increasing
-2-
Series of, 199 0 '6f,!52o
.s
- AII ORDTNAT{CE REPEAI,ING i,ND REENACTTI.IG ORDINANCE NO. 12,$ERIEs OF 1989, TO PROVIDE CHANGES TO AREA D REQUIREMENTS THAT
CONCERN PARKING PROVISIONS; AND I{ICRO-BRXWERY AND
EAST BUTLDING ADDITIoNS; AND
SBTTING FORTIT DETAII,S IN REGARD THERETO
IIIIEREAS. CbapteE 18.40 of, the Vail Municipal Code authoriEes
Speeial Developroent DLstricts within the Totn; and
I{I{EBEAS, the Town Council approved Ordinance 12, Series of t9a9
sgreclal Developnent District No. 4; and
l{]lgR8,[,S, Glen Lyon Off,ice Building, a eolorado partnership, has
requeet€d to amend the existing speclal Developnent District No. 4,
Area Dt and
WIIEREtrS, the Planning and Environmental Commission has
recom€nded that certain ctranges be made to Special Develophent
Pistrict No. 4i and
ItEgREls r the Toqrn Council considers that it is reasonable,
appropriate. and beneficial to the To$n and its citizens,
lnhabitints, and visitors to repeal and reenact Ordinance No. 1?,
Seri€s of, 1989 to provide f,or such changes in Special Development
District Ho. 4, cascade viLlage.
t{ot{. TTTEREFORE, BE IT ORDAINED By THE TOWN COUNCIIJ OF THE TOWN
08 VAIL, COI,ORADO, THAT:
Ordinance No. 12, SerLes of, L989. is hereby repealecl and
reenactBdl, as folLows:
l led
Report.
fhe approval procedures described in Chapter 19,40 of the Vail
uunlcipar code have been fulf,ilLecl, and tbe Town council has received
the report' of, the Planning and EnvLronmentaL conhission reconneniting
approval of the proposed development plan f,or speciaL Developnent
District l{o. 4,
section ?. speclat DeveloFnent District No. 4
Special Developnent District No. 4 and the developnent plans
theref,ore, af€ hereby approved f,or the deveLoploeDt of s])ecia].
DeveE opnsnt Dirtrict lfo. 4 within the Toun of vaiL.
)l
)
I fr
Secti. 3.
Chapt6r 18.45 Speclal Developnent District No.
hereby ropealed and re-enacted with anendnents
X8.46,010 Pqgpose
Special Daveloprlent Dlstrlct No. 4 is established to ensure
couprehenslve developnent and use of, an area in a manner that
!.111 be harrnonious with the general character of, the Tol{|n,
provide adequate open space and recreationaL amenities, and
promote the obJ ectlves of, the Town of vaiL Cornprehensive plan.
Special Developnent District, No. 4 is created to ensure that the
developnent density will be relatively low and suitabLe for the
area and the vicinlty in which it is situated, the development
is regarded as conplementary to the To\.rD by the Toyn council. and
the Planning Coumission, and because there are significant
aspects of the Special Development District lrhich cannot be
satlsfled through the inposition of standard zoning districts on
the area.
18.46.020 Definitions
for the purposes of this chapter, the following definitions
shall apply:
A. .rspeelal attractiontt shalt be defined as a museum, seminar
or research sentsr or performihg arts theater or cultural
center.
B. rrfranaient residential dwe).ling unit or restrieted
dlrelling unit.r shal1 be def,ined as a dwelling unit located
j-n a nulti-f,araily dwelling that ls managed as a 6hort terrn
rental Ln erhich aII such units are operated under a single
nanagement providing the occupants thereof custonary hotel
servlces and f,aclLlties. A short tenn rental shall be
deened to be a rental for a period of tine not to exceed 3L
days. Eaclr unit shall not exceed 645 square feet of GRFA
uhieh shall include a kitchen having a maxilruru of 35 square
f,eet. Ebe kitchen shall be designed Eo that, it may be
Iocked and separated frorn the rest of the unit in a
clos€t. A transient dnelling unit shall be accessible frorn
conulon corridors, !,ralks, or ba]conl_es without passJ.ng
through another accoumodation unit, dwelling unlt, or
to
Cascade Village, is
read as f,ollows:
transient resiOtiar d tring unit. srroura sul iis bu
developed as condominiuns, they shalL be restricted as set
fortb in section L?.26.025--L7 .26.I2o governing condoniniurtr
conversion. The unit shall not be used as a penrnanent
residence. Fractional fee ownership shaI1 not be allolred
to be applied to transient duelling units. I.or ttre
purposes of determining allowable density per asre,
transl-ent reEidential dwelling units shall be counted as
one half of a dwelling unit. The transient residential
drelling unit parking requirenent shall be 0.4 space per
unit plus 0.1 space per each LOO square feet of, cRFtr wtth a
naxinum of 1.0 space per unit.
18.46.030 Established
A. Special Development District No. 4 is established for the
development on a Farcel of land conprising gz.gss acreE as
nore particularly described in the attached Exhibit A.
Special Development District No. 4 and the 97.955 acres nay
ba ref erred to as rrSDD4 . rt
B. The district shal1 consist of four separate developnent
areaa, as identified in this ordinance consisting of the
following approxinate sizes:
'/.2.4-".'-..
Area l$lorrn As
Cascad€ Village
Coldstream Condoniniuns
Glen l.yon &,rpl,ex Lots
\ clen Lyon conrnerelal slte
Dedicated Open space
Roads
Development Area Acreaqe
1.800
40.400
4.700
97.955
A 17.955
B 4.000
c 29.100
1;
oo
18.dd .,10 Developnent PIan--Requi J--Approval procedure
A. Eaeh deveLopment area lrLth the exception of Developnent
Areas A and D shall be subj ect to a single development
p1an. DeveLopnent Area A shaLl be allowed to have two
development plans for the Waterford, Cornerstone. tlillrace
Iv and cascade Club sites as approved by the Town counc j.I.
Oevelopnent Area D sha11 be allowed to develop per the
approvad phasing plans as approved by the Tolrn council.
fhe devel,oper sha1.1 have the right to proceed vith the
deveLopnent plans or scenarios as defined in Section
t 8.46.103 B-F.
B. lmendments to sDD4 shatl cornply with the procedures
outlined in Section 18. 4 0.
C. Each phase of developnent shall reguire, prior to Lssuance
of building pernits, approval of the Design Review Board in
accordance !'rith applicabls provisions of chapt,er 18.52.
18.46.O50 Per0itted Uses
A. Area A, cascade vilLaqe
1. First floor conmercial uses shall be Lirnited to uses
listed in 18,24.030 A-c. The "fi-rst floorr' or
nstreet levelrr shall be defined as that floor of the
bu5.lding. that j.s located at grade or street level.
2. A11 other floor levels besides first floor or street
Level nay include retail, theater, restaurant. and
of,f,ice except that no professional or busifiess office
shall be located on street level or first floor (as
defined in Section L8.24.030 A of the Town of Vail
zoning code in Area A) unless it is clearly accessory
to a lodge or educational institutlon except for an
office space having: a maxiroun sguare footage of, 925
square f,eet located.on the first floor on the
northwest corner of ttre Plaza Conference Center
building.
I
3. Lodge
4. UuLti-f,anily dlreUing
5. TranEient resldential dwelling unit
5. Employee dwelling as defined in Section tB.46.ZZO.
?. Cascade CLub addition of a Iap pool or gyrnnas ium
B. Area B. ColdEtrear. Condorniniums
1. ltwo-f,anily dwelling
2. !tul-ti-fan11y dwelling
C. trrea C. Glen Lyon Duplex Lots
1. single family dvelling
2. n"o-fanily duelllng
D. Ar€a D, Glen lJvon Comnercial Site
t. Retail
?. Regtaurant and bar
3. Business and professional offices
t_ 4. Multi-fanily dr{ret.ling
5. Enployee dwelling as defined in section 19.46.220
18 . il6 . 050 CoJditional Uses
condltional uses shal1 be reviened per the procedures as
outlined in Chapter L8.60 of the Toun of Vail zoning code.
A. Area A, Cascade Villaqe
1. Cascade Club addition of a wellness center not to
exceed 4r500 square feet.
2. Fractional f,ee ownership as.defined in the Tolrn of
Vail Municipal code, Seetion 18.04.135 shall be a
,. "onditional use for dwelling units in the Westhaven
' r,rlti-farnily dlrelLings. Fract,ionaL f,ee ownership
Ehall not be appJ.ied to restricted ernployee dwelling
units or transient residential dwelling units.
ownership intervals Eha11 not be less than five weeks.
3. Special attraction
il. Ski lifts
5. 2b11c park ancl recreational facilities
6. Major arcades sith no f,rontage on any public way,
street, walkr*ay or naII area
v.
C
ti
o
Area E, Coldstrean gon6 iniuns
1. Public park and recreational facilities
2. ski litts
Area c. clen Lvon Duplex Lots
1. Public park and resreational facilities
2. $ki lifts
Area D, cfen tvon commercial Site
x. lticro-brewery as def,ined ln Totrn of Vail ltunicipal
code, Section 18.04.253
Accessory Uses
Area A, Cascade VL]laqe
1,. Minor arcade.
2. Home occupatLons, subject to issuance of a hone
occupation pemit in accordance with the provisions of
Sections 18.58. L30 tbrough 18.58.190.
3. Attached garages or carports, private greenhouses,
swiarming poo1s, tennis courts, patios, or other
recreational facilities custornarily incidental to
pernLtted residentiat uses.
il . other uses custonarily incidental and accessory to
pernitted or conditional uses. and necessary for the
operation thereof.
5. swinning pools, tennis courts, patios or other
recreational facilities custornarily incidental to
perrnitted or conditional uses, and necessary to the
operation thereof.
Area B, coldstreann egndoniniums
1. Home occupations, subject to issuance of a hone
occupatlon pernit in accord,ance wj.th the provisions of
sections 18.58,130 through 18.58.19O.
2, Attached garages or carports, private greenhouses I
swimming poolg, tennis courts, patios, or other
recreational faciLities custonarily incidental to
pernJ.tted residential uses.
c.
D.
18.45.070
A.
B.
oo 3. Other uses custona. .ly J_ncidental and accessL. to
pernitted or conditional uses, and nece66ary for the
operation thereof.
4 . Sr{il'0ning pools, tennis courts , patios or othel
recreational f,aeillties custornarily incidental to
pernitted or condLtional uses, and necessary to the
operation thereof.
e. Area C, Glen Lvon Duplex Lots
l. Hone occupations, subJect to issuance of a hone
occupation permit in accordance r"rith ttre provisl,ons of
Sections 18.58.130 through 1,9.58.19o.
2. Attached garages or carports, private greenhouses,
swinmLng poo1s, tennis courts, patios, or other
recreational facllitles custornarily incidental to
permitted residential uses.
3. other uses customarlly incidental and accessory to
pernitted or conditlonal uses, and necessary for the
operation thereof,.
D. erea D, Glen Lvon Com rercLal Site
1. Home occupations. Eubject to issuance of a home
occupation pemit in accordance with the provisions of
Sections 18.58. L3O through lB.gB.19O.
2. Attached gaEages or carports, private greenhouses,
swimrning pools, tennts courts, patios, or other
recreational facil_ities custonariLy incidental to
pernitted residential uses.
3. Other uses custonariJ.y incidental ancl accessory to
permitted or conditional uses, and necessary for the
operation thereof.
4. ltinor arcade.
t
C'
J
o
Location 6f Business Ac vity 18.46 d0
A.
(t
A11 offices| businesses, and services perxoitted by sections
18.46.090 tlrrough 18.46.O?0 shalL be opelated and conducted
entirely within a building, except for pemigted unenclosed
parking or loading areas, and the outdoor display of goods,
the area to be used for outdoor display nust be located
directly in front of the establishnent displaying the goods
and entireLy upon the establishment's own property.
Sidewalks, bullding entrances and exits, driveways and
Btreeta shall not be obstructed by outdoor dl.splay.
Eh€ nurlbar of drlrelling units shall not exceed the following:
f\ro hundred eighty-ttrree point five (283.5) duelling units.
totaL naxinum with a mininum of three hundred thirty-elght
(338) aceonnodation units or transient residential dwelling
units and a naximun of ninety-nine (99) dwelling units as
defined by the table in Section 18.46.1o3 A-D.
B.
(
Three dwelling units, two
dwelling units as def,ined
Section 18.46.103F.
18.46. LOO DensLtv--Floor Ar€a
wnicn stra11 be ernployee
the table in
of
by
The gross residential floor area for aLL buildlngs shaLl
not exceed 289,445 E quare feet, except that the totaL
maxlnun GRAA shall not exceed 292,245 square feet if
Hillrace fV scenario 2 (32 A.U.'s) is constructed.
I
glxty-five (65) dweLling units
-
(1o4) d$elling units.
Sixty-five thousand square feet (65,000 s.f.) GRFA,
each lou per section
18.,13.080 density control A and B for the
prLnary/secondary district of the Tovn of vail rnunicipal
code. No residential Lot sha1l contain nore than 4.200
squar€ f,eet of GRPA per the Glen L,yon subdivision
covenants.
fhe gross residential floor area for the two ernployee
dwelling unit6 shalL be Z9S square feet. and 9OO square
feet respeetively. The gross residential floor area
f,or the f,re€ narket dPelling unLt shalL be tr63o
eguara feet.
t ArEa A sba1l not exceed
area. conmercial uses
restaurant, uses listed
.special. attraction use.
561538 square feet of conmercial
include retail. officer theater,
in sectlon 18.46.090 A-L, and the
Area D shall not exceed L6,73o sguaia-EEt of office for
phase f & II or 1S'SB4 square f€et of office for phase III
paf the approved developnent plans. The hicro_brewery and
associated uses shall be constructed per the approved
development plan.
18.46.103 DelreLophent statisticq for Area A, caseade villaqe, and
Area D, clen Lvon coromercial Site
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oriEital Parcel
Robbins Parcel
Cosgriff Parcet
Area
( Acres )
1.5.68'
r.23
1.04 5
17 .gss
Units
16 DU/Acre
232.OO
19.68
IO. r4
;
GRF'\
(.3s)
256 .4f,1
Lg t152
r5.932
291r1?1
F.
Glen Lyon office Bldg.(Existing)
FEASE T
Glen Lyon
81d9,
: of,fice
?EA8E rr
Hicro-Bresery
-office
-Receptj.onl
Uuseum
-Retail
-Fetaentation/Breithouse
-Beer Ha].l
-Bre$ zub
SUBIOTAIJ
PEN8E III
East Bullding
-2 Employee Units
-1 Dne]ling Unit
-Office
SUBTOTAL
SDD *4, AREA D
DEVEIPPI,TENT SQUARE FOOTAGE
AND PARKING PER TOIf,N OF VAII, REQUIPSI{ENTS
FEBRUARY 26, 1990
PIIASE I & II
APPROVED PIAN DEVEIOPI'{XNT
sq.Ft. / Parklng sq.Ft. ,/ Parking
10,150 40.6 LO,1 50 40.6
2,800 11. 2 2r8OO 11.2
?00 2.8
4A5 0.0
446 1.5
61 600 0.0
L,7?4 L4,7
(180 seats)
1,858 15.5
(L2O seats)
3.780 15.1
480 0.o
175 .6
970
1,700
(L50 seats)
1, 38O 10. 0't
(80 seats)
PTTASE IrI
DEVEIOPI{SNT
sq.Ft. ,/ Parklng
10.150 40.6
2,800 11.2
2,634 10.5
480 0.0
885 3.0
1r tl06 0. o
1,7oo 18.8*
(150 aeats)
1,380 10. 0*
(80 seats)
0.0
18.8*
24,743 86.3 21 .435 96.3 2r.435 94.1
1, 695
1r 630
2 ,4OO
it.o
2.O
9.6
o.o
0.0
o.o
0
0
o
1,695 4. O
1,630 2. O
2,400 9.6
3,325 15. 6
TOTAL COHHERCIAT AND RESIDENTIAL
SQUARE FOOTAGE AND PARKING:
41,018 102.0 21,435
*USED HIGHEST PARKTNG REQ. POSSIBTE BASED ON
o.o
96.3
SEATTNG
3,325 15. 6
24,760 110.0
' L8.46.104 DeveLopnent Plans
Site speeif,ic developnent pJ.ans are approved for Area A and Area i__._ i -
D. The clevelopment plans for Area A are comprised of those .,'-"
{. plans EubBittecf by ValI ventures, ttd. The devel_opment. plans
for Area D are coDprised of, those plans subnitted by the Glen
Lyon Of,fice Building, a Colorado partnership. The following
dacunentg co'nFrise the devetop rent plan for each area:
1, cascade Village tlaster pl.an and Building Height, Roma,
10/X0/BS.
2. Waterford and Cornerstone F1oor plans, Rorna, L0/10/BB, g
1_9.
3, Waterford and Cornerstone Sections, Rona, Lo/to/Bg.
4. Waterford landscape pt an, Roraa, :.o/LO/gB.
5. tlaterford sumner Solstice. Rorna, t0/10,/88.
(_ 6. I{aterford Slte PIan, Roma, 10/10/88.
7. waterf,ord Elevations, Roma, 10/10/88.
8. Waterford l{inter soLstice, Rona. 1ol10lg8,
9. Waterf,ord East Elevation Height Analysis, Rona, 9/28188.
10. Cornerstone Site plan, Rona, Lol1o/Bg.
11,. gornerstone Elevations, Rona. 1O/LO/AB, p. L-3.
12. eornerstone Sun/Shader LO/Io/gg.
13. Ca6cade Entry Rendering, Roma, LA/IO/SB.
14. Cascade Club Addition Site plan, Rorna, LO/LO/BB.
15. Cascade club Floor p1an, Roma, Lo/LO/eB.
16. Millrace Iv (32 A.U..s) plan, Roma, Lo/Io/sg.
i 17. Hillrace IV (32 A.U.rs) Floor p1ans, Roma, 1Or/10/BB.
18. Survey, a part of Cascade Village, Eagle vaI1ey
Engineering, Leland Lechner, 6/8/gZ.
19. 6ite Coverage Analysis, Eagle Va1ley Engineering,
Lo/LO/88.
ZO. Ca6cade Village Special ?Deve1op [rnent District Amendnent
and Environmental Irnpact Report: peter Jamar AsEociates,
. Inc., Revised 7L/Z7/BB.
C L7
. ,a D. Glen Lyon co-rcial Jte
ceodesign by sherry 1. Area D Ua6t€r Site Plan,
2/2?'/eo.
2. If,ndEcaIre Plan f,or }rea D, Geodesign by sberry Doffard t
z/22/9o.
3. AFeA D €levatons, Goodesign by sherqr Dorsard, 2i/9/9o.
4. YaiI llicro-br€verf, serasuse, Iavler, and Partners, Denver,
CO., sheets A2.L, A2.2, A2.3, A3.1, 43.2, A4.1, A{.? dated
L/8/9o and sheet A2-4 dated L2/\3/89.
5. Vail Brewery Roof Study. Frank Freyer, l/A/9O.
6. Gl€n fJyon Parking Garage
. tL/28,188.
7. clen lJyon Parking Garage
LL/28/88.
Floor Plans and Site Plan. Rona,
sections/E1evatLons. Rona,
8. Glen Lyon Condonlniun, Rona, lL/2s/88.
9. Glen l,yon Condonriniun East Building. Roma, Ll/?g/ss.
10. of,fLce Addition to cren Lyon office, Building, Buff
Arnold./Nad cilathmey Architects August 25, 1989 sheets A1
tlrrough A4.
11. cascade Village Special Development District Amendment, and
EnvironnentaL fnpact Report l Peter Jamar AssociatBs, Inc.,
Revised lL/22/88. Ietter froD Peter fiauar AssocLates,
Inc.r dated January 16, 1990.
12. Dcceleration lane design for South Frontage Road, RBD,
October 18r 1988 as approved by Co. Div. of Hgwys.
13. A resubdivision of Lot 54 anended plat Glen Lyon Sub-
divLsion, Eagle Valley Surveying Inc. as approved by T.o.v.
'X{. Vail Brerterl' Parking Analysis, TDA Colorado, fnc., Augiust
l"O, 1988 and vail Bresery Parking Analysis Update, fDA
Colcrado, fnc., January 16, 1990 pages l-8.
18.45.110 Development Standards
The developnent standards set out in Sections 18.46.120 through
18.46.180 are approved by the Torrn Council. Thege standards
eha1l be incorporated into the approved deveLoprnent plan
p€rtinent to each development area to protect the integrity of,
the development of SDD4. They aEe nLnimun devetopnent standards
and shalL apply unless notre restrictive standards are
inaorporated in the approved development plan which is adopted
by the Towrl council.
I
Dorarard
V'.
18,46 J Setbacks
A. Area A, Cascade VLllage
Required setbacls Ehall be as lndicated in eaclr developnent
. plan uith a hininun setback on the periphery of the
property of, not less than twenty feet, wi r the exception
that the setback requirement adjacent to the existing
Cascade parklng structure/athletic ctub buiLding shall be
t!'o feet as approved on February 8, L982, by the planning
and Environmental Conmission. AIl buildings shal.l nraintain
a 50 f,oot Etream setbaclc frorn Gore Creek, The Watefford
and Cornerstone buildings shalJ. naintain a zo foot setback
f,rom the north edge of the recreational path al_ong core
creek.
B. Area B, coldstfean condominiums
Reguired setbacks shall be as indicated on the development.
Plan.
C. Area C, Glen Lyon DupLex Iots
Required setbatrks shall be governed by Sect,ion 18.13.060
Setbacks of the PrirBary/Secondary zone district of the Totrn
of VaiL Municipal Code.
D. Area D, Glen Ly6n CoxlmersiaL Site
Reguired Betbacks shall be as lndicated on the approved
development p1ans.
18.46.140 Heiqht
A. For the purtr)oses of SDD4 calculations of height, beight
shall mean the distance deasured vertical,Ly frorn the
existlng grade or flnished Erade (whl,chever is rnore
restrj.ctive), at any given point to the top of a flat roof,
or nansard roof. or to the highest ridge line of a sloping
roof unless othernise specified in approved development
plan drawings.
B. Area A, Cascade VLllaqe
1. The maxinurn height for the Westin Hotel, cMc Learning
. Center, Terrace Wing, plaza Conf,erence Building and
CasEade Parking Structure/Athletic Club is Z1 feet.
I t
I9
..4
tl
qornerstone Buildi : Maxj.xnum he j.ghL of 71" i ": E,
waterford Buildins: Maxinun height of 48 feet as
neasured fron finished grade to any portlon of, the
roof along the north eLevation (south lrontaqe Road)
and r,rest eLevation (westhaven Drive). A maximurn
beight of 40 f,eet as neasured frorn the lowest f,loor of
the parking structure to the roof eave is approved for
the south and east building elevations. A naxinurn
height of 6L feet. as neasured fron the louest floor of
the parking structure to the roof ridge is approved
for the south and east buLlding elevations.
4. westhaven Buildinq: A maxinum of, 55 feet..
5. l,rtlllrace IIf : A naximurn of 48 feet.
6. Hillrace rv; A naxlt0un of 48 feet.
7. Cascade club Addition: A naximum of 26 feet.
8. Cascade Entry Tower: A maxinun of 36 feet.
9. The renainder of buildings in Area A shall have a
naxinurn beight of, 48 feet.
c. Area B, coldstream condominiums
The naxirRum heigbt shall be {8 feet.
D. AreA C, GIen lrvon Duplex f,ots
the maxinum height shall be 33 feet for a sloping roof and
3o feet for a flat or rnansard roof.
E. Area D, GIen LYon Connercial site
51+ of the roof shall have a height between 32 and 40 feet,
49* of the roof atea shall have a height under 32 feet. on
th6 perineter of the buildings for Area D, bej.ght is
meaaured from finished grade up to any point of, the roof.
on the interior atea of any building, height is rneasured
fron existing grade up to the highest point of the roof.
Development plan drawings sball constitute the height
allotrances for Area D.
2,
3.
20
18:46 il coverase a
In Areas A and B, no more than 358 of the total site area sha11
be coveted by buildings, provided, if any portion of the area is
developed as an institutional or educational center, 45t of the /,'
t
f , area may be covetred,. In Area c, no more than 25* of the total
site area shall be covered by builctings, unless the nore
reetrictive standards of chapter 18.69 of the Vail Municipal .
code apply. In Area D, no more than 3?t of the tota] site area
shall be covered by bulldings and tbe parking structure.
LB , { 6. l.7O landscapinct
At lea8t the f,olloning proportlons of the totaL developnent area
chall b€ landscaped as provlded in tbe developnent plan. This
shal1 include retention of natural landscape, if appropriate.
Areas l and B, fifty percent, and in Areas C and D, sixty
percentr of, the area shal1 be landscaped.
18.{6.180 Patkino and Loadinq
A. Area 4, Cascade village
L. Of,f-street parking shalt be provided in accordanee
with Chapter L9.52, except that 7Sg of the required
parking in Area A shall be located within a parking
structure or buildings. If the development table in
Section 18.46.103 Ls arnended, the parking requi.rements
shall be amended accordingly.
2. lltrere shall be a of 421 spaces Ln the nai.n Cascade
CIub parking structure and a mininum of 122
. underground spaces in the Waterford structure.
(' 3. The Cascade and Waterford parking structures shall be
considered to be one parking structure for the
purposes of calcuLatlng the nixed use credit for
parking spaces, Both parking structures shall be
nanaged as one entity. A IZ.5 percent rnixed use
credit per the Town of Vait parking code, Seetion
18.52.20 bas been applied to the total number of
required parking spaces combined in the Cascade and
Waterford structures. Alternative developrnent plans
or scenarios which require additional structurecl
( parking shall require an expansion of the Waterford \-
parking structure below ground level.
4. rhe third llor o, .re cascade parkins ,..u"?e srrall
not be used to meet any parking requirernent,s for
acconmodatl.on units, transient residentj.al dr+eJ_Iing
units, ernployee dwelting unjts or dwelling unLts.
5. Phasing: AII required. parking for cornerstone.
Waterf,ord, Uillrace IV Scenario A (32 A.U. rs), and the
Cascade club WelLness center Addition scenario I shalL
, be provlded ln the Cascad.e or Waterf,ord parking
structures. At the tine a building pernit applicat,ion
is subnltted to the Town of VaiI Comnunity Developnent
Departnent for the Waterford buiLding and parking
structure, tbe developer shal1 be requlred to make a
final decLsion as to l'hLch developrnent scenario6 shall
be used for the cornerstone, waterford, Millrace rv
and the Cascade Cj.ub additlon. A ternporary
certificate of occupancy shatl not be released for any
portion of the cornerstone, waterford, Millrace IV
, Scenario 2 (32 A.U.lrs) or Cascade Club Wellness
addition, Scenario I which relies on requirect parklng
being provided in the Waterford parking structure
until the Waterford parking structure has received a
ternporary certificate of occupancy fron the To?n of
Vail Building Departnent.
5. Seventy-five percent of the reguired parking shalL be
looated within the nain building or buildings and
hidden from public view fron adJoining properties
within a landscaped berm for !{esthaven Condominiums,
tlillrace III, and Millrace Mcenario l.
7. Atl J-oading and delivery shall be located within
buildings or as approved in the developrnent plan.
B. Area B, Coldstreanr Condominiumg
Flfty percent of the required parking shal1 be located
vlthin the najn building or buj-ldings and, hictclen f,rotn
pubLlc view f,rom adjoining properties within a tandscaped
barm.
Area C, Gl.en I rt.or". -o..
Of,f-street parking shall be provided in accordance lrith
Chapter 18.52.
D. Area D. clen Lvon connnercial site
1. Pfrase I and fI shaLl include B0 surface parkirrg spaces
plus 6 valet parkinE spaces on the east end of the
autrface parking 1ot.
Z. Phase IXI shall include a ninimum of 1OB parking
spaces. A ui:rfunun of 1OO spaces sba].]. be Locatcd j.n
tlre parkl.ng structure. Alt required parking: for the
east building shall be provialed on site per ToL'n of
Vail parldng requirements per Scction 18.52.100 for
resedential and office use. A nininun of eleven
spacea shall be located in the garage of the east
building and a maxinuu of 5 surface spaces shall be
].ocated adj acent to the east building.
3. Area D developnent shaL]. neet the operational
requirenents outlined in the TDI! colorado Ins.
Report,, section parking Analysis Considerations,
January l-6, 1990. parki-ng Analysis Considerations
pages 1-8.
4. Valet parking shall be prohibited on the vest end of
the aurf,ace parking 1ot.
5. Itre Bres pub shall not be open to the public until
af,ter 4:3op.r. for phase I and If l{onday through
Friday. when phase III developnent ocurs including
tbe parking structure, the brew pub may operate during
the reekdays once the parking structure is available
for public use.
6. $le Beer BalL shalL not operate or be used by the
public before 4:3op.r!. on reekdays. ltonday through
Friday at any time.
7. once tJre parking structure is construc ted, the parlcinE
and acces6 to Area D shall be nanaged per the TDA
Parking Report, parking ltanagenent Section, pages o
and. 7, August L0, 19gg. and TDA Report, Vai"]. Breiaery
Farking Analysis Update, dated January 16, 1990, both
rritten by Ur. David lEahy.
C
oo
8. No loading or deli --O .t goods shall. be allo I on
I
the public right-of,-way along the South Frontage
Road adj acent to the Area D development.
9. Ihe owner of the property and brewery nanagement shal.I
prohibit serai-truck and traLler truck traffic to the
GIen lJyon Commercial site. The on1y truck loading
that shal1 be alloued to the site shal1 be vans having
a naximum length of 22 feet.
18.46.190 Recreation Anenities Tax As6essed
Etre recreational anenities tax due for the developrnent
trithln sDD4 under chapter 3.20 shall be assessed at a rate
not to exceed tuenty-five cents per square foot of the
f,1oor are in Development Area A; and at a rate not to
exceed fifty cents per square foot of GRFA in Development
Area Bi and at a rate not to exceed f,ifteen cents per
square foot of GRIA in Developnent Area C; anal at a rate.
not to exceed seventy-five cents per square foot of floor
area in Developuent Area Di and shall be paid in
conJunction with each construction phase prj.or to the
Lssuance of building pernits.
18.45.200 conservation and Pol]ution Controls
A. 1rhe developer, s drainage p].an shall lnclude a provision f,or
preventlon of, pollution f,rom surface runoff.
B. The devetoper shall include in the building construction,
energy and water conservati.on controls as general
technology exists at the time of construction.
c. The number of, flreplaces permitted shall be as set. forth in
SeetLon 8.?8.030 of the Town of Vail Municipal- Code as
amended.
D. If fireplaces are provided within ttre developnent, they
nust be beat eff,icient. ttrrough the use of glass enclosures
and heat circulating devices as teohnology exlsts at the
tlue of, developnent.
E. All water features ltithin DeveLopnent Area A shall have
overf,lou stonn drains per the reconmendation of the
EnvLrdnnental hpact Report by ,Tanar Associates on page
3,1.
(_
All parking ratuclru- .
to prevent oil and dirt.
rll have pollution "ort roQ*ui"ot
f,rorn draining into Gore greek.
G.
H.
fn Area D, a nanhole on the brewery service line shalL be
provided so that the Upper EaEIe Valley Consolidated
Sanitation District nay rnonitor BoD strength.
In Area D, the brenery nanagenent shall not operate the
brerrrery process during temperature inversions. ft shaLl be
the bnewery owner, s responsibility to tnonitor inversions.
All trash conpactors and trash storage areas shall be
conpletely encLosed vlthin Speclal Development District 4.
Protective Deasures shall be used during construction to
prev€nt soil erosion into Gore Creek, particularly uhen
construction occurs in Areas A and D.
Ihe teo ernployee dnelling units in Area D shal1 only be
a].lor'ed to have gas fireplaces that meet the Town of Vail
ordinances Eoverning fireplaces.
Developrnent District lto. 4.
A. The developer shal1 provide or uor]< with the Town to
providE adequate private transportation services to
the owners and guests so as to transport then fEon the
developnent to th€ Vil.Iage Core area and Lionshead
area as outlined. in the approved development plan.
B. Developer shatL provide Ln its.approved development
plan a bus strelter of a design and location rnutually
agreeable to developer and Tonn Council, Said shel,ter
to serve the area generally.
C. Area A, cascade vitlaqe
1. The developer shall be responsible for providing
a break-ariray bollard for the energency access
road between Eagle pointe and Westhaven Drive.
The design of tbe bollard shall be mutually
acceptable to the developer and Town of VaiI.
This inprovement shalL be sonstructed uhen a
building permit is requested for the cornerstone,
DtiLlrace III, Millraee Iv, westhaven
Condoniniuns, Vlaterford buildings, or cascade
J.
K.
(
18.45.2t0
lu-
L
crur tition the bollard shatl be in).a i,'t
the pernit plans. the bollard sha1l be
constructed gubsequent to the issuance of a
buiS.ding pemlt and prior to the issuance of a
temporary certificate of ossupancy for the
cornerEtone, Millrace fff, MiLlrace fv, westhaven
Condonlniqms, I{aterford buildings, or cascade
club addltion.
2. The d€veloper shal1 construcl a sideUalk that
begins at tlre entrarce to the cascade club along
Weethaven Drive and extends to the nest in front
of the ltesthaven buildlng to connect with the
recreational path to Donovan Park. The walk
shall be constructed vhen a building per'nit is
requeste.d for Westhaven Condoniniuns. Th€
sidewalk shall be part of the building pernrit
plans. The sidewalk shal] be construct,cd
subseErent to the issuance of a building pernLt
and prior to the isEuance of a temporary
certlficate of occuFancy for Westhaven
condohiniuils ,
3. The developer shall provide 100 year flood plain
, inf,ornation for the area adjacent to the
Waterford and Cornerstone buildlngs to the Tolrn
of Vall CorBrnunlty Developnent Department before
buitdlng permits are released for either proJect.
4. The conditions for Area A in sect,ions 19.46.020
B, 18.46.180 A. 1-7, 18.46.200 A - tr, I, J,
L8.46.210 C, 1-3, and 18.46.220 shal.I be set
fortlr in restristive covenants subj ect to the
approval of, tbe Tonn Attorney and onca so
approved shall be recorded on the land records of
Eag1e County. The developer shall be responsible
f,or subnittlng the nritten conditions to the To$n
Attorney for approval before a building penlt is
r€quested for the Corrrerstone. ltillrace III,
Uillrace IY, flesthaven Condominiums, WaterforCl
buildings, or cascade club Additj-on.
D.Cori -'cia} site
fbe developer shall agree to construct, a bus lane
per Town of Vail standards in the area of the
porte-cochere of the Micro-brervery in Area D.
The specific location for the bus lane shal_I be
nutually agreed to by the Area D owner and/or
devel.oper, Colorado Dlvision of HJ.ghways, and
Town of, VaiL. The bus lane shall be constructed
subsequent, to the issuance of a building pernit
and priot to the Lssuance of a tenporary
certifisate of occupancy for either
the brelrery addition, off,lce expanslon,
east office building, or parking structure.
The develoFer andr/or o"ners of area D shall
be responsl.ble f,or naintaining tbe ner,r bus
lane. including snor,l renoval. ff the
naintained properly or snow rernoval j.s
t
I lane is not
not
adequate, the ?orm will not provide bus
service to the site.
2. The developer shall relocate the existing bllce
path on Area D and provide a new bike path
eaEement asross the GIen Lyon property and
CDOH property per the developnent plan for Area
D. fhe bike path shall be constructed lrer Tovn
of Vail standards. The bike path shall be
constructed subsequent to the issuance of a
bullding pernrit and prior to the issuance of a
temporary sertificate of occupancy for either
the brewer-y addition, office expansion, east
office building, or parking structure. Such
tenporary certificate of occupancies shall be
conditional upon construction of the bike path
provided for herein. The blke path easenent
shall be replatted and approval obtained.
from the Town Council prior to the issuance of
a temForary certificate of occupancy for either
the Brewery addition, off,ice expansion, east
offlce builcling or parking structure.
3.
fl
The developerLrha[ underground the elec
utilities aLong the north side of the Glen
Froperty frora the northwest corner of tbe
ical
Lyon
property to the north€ast corner of the
property. llhts utility worlc shaIl be constructed
subsequent to the issuance of a building pertnit
and prior to the issuance of a temporary
certificate of occupancy for the bretrery
addition, office expansion, east office
building, or parking structure.
The developer shall be responslble for
relocating the 20 foot utility easement on the
uestern portion of Development Area D aE r'rell as
obtaining approval fron the Tolrn of valL for the
relocated utility easenent before a building
pennit it, is released for the micro-brer'tery
addition.
The developer of the Glen Lyon office property
shall not file any renonstrance or protest
against the fornation of a locaI irnprovenent
district of other financing nechanism approved by
ttre Vail Town council which may be established
for the purpose of buil.ding road J.mprovements for
the south Frontage Road.
The developer sha1l provide a flre hydrant, per
Tor.ln of Vail. fire Department requirements on the
northwest portion of, the property. The specif,ic
Location for the fire hydrant shaLl be approved
by the Vait Fire Departnent. The f,ire hydrant
shall be provided subaequent to the issuance
of a building permLt and prior to the iesuance of
a tenporary certificate of, occupancy for the
brelrery addition, office expansion, east office
bullding, or parking structure.
4.
(
5.
6.
28
*n" otton*, .ratt construct. a decet-or.l "n ,o,-,o
along Souttr Frontage Road per the CDOH access
permit. Tlre developer shall sulrnit plans for the
South fro[tage Road 5-nprovenents to tbe Torn of
YaiJ- engineer for review and approval before a
building pe:.!it is released for either phase f.
II, or III construction.
fhe conditions f,or Area D in Sections 18.46.180
D, 18.46.200 A, B, f - X L8.46.2LO D, 1-7, and
L8.45.22O shall. be set forth in restrictive
covenants subj ect to the approval of the Tovn
Attorney and once so approved shall be recorded
on the land records of Eagle County. The
developer sha1l be responsible for submitting the
!'Eitten conditions to the Town Attorney for
approvaL before a building pernit sha]L be issued
for the lticro-breuery, office expansion, east
office building, or parking structure.
The ninor subdivision for Area D shaI1 be
developed per the f,olLouing cond.itions:
a. The developnent of parcels A, B, C, and D.
shalL be linited to the SDD 4 developnent
plan and governed by the SDD 4 ordinance as
approved by the Town of VaiI and on file
lrith the Departnent of Comrnunity Developnent
or as amended and approved by the Comnunity
Developmant Departnent, planning and
Environmental Cornrnission, and/or the Vail
Tonn Counsil.
b. The xninor subdivlsion plat shaLl include a
Etatement that developnent, of the four
parcels shaU be governed by the approved
SDD 4 developnent plan for area D and
governing ordinances.
8.
C
9.
29
i
i.../'- "
-'I
I
c.
t
?he
a
conre ity Development, Departrnen and
d.
Town of VaiI Attorney shall have the right
to review and require changes in any
ItAgreements of, Terants in CorBmon[,
rrconveyance of Easement and Party waL]
Agreenentsrr, and any other easement or
onnership agreements related to the
development of parcels A, B, c, and D to
ensure that the four parcels are developed
per the approved developrnent, p).an in SDD 4
ordinance.
The developer shall be responsibLe for
replatting the 20 foot utility easernent on
the western portion of developtlent Area D as
fleLL as obtaining approval from the Town of
Vail for the new utility easement before the
rninor subdivision plat is recorded.
Any nodifications or amendnents to the ninor
subdivision conditions of approval agreement
shall be revierred as a rnaJor anendnent under
the procedures outlined in Seclion L8.40 of
the To$rn of vail zoning code.
The conditions for tfre rninor subdivision in
Section 18.46.210 b9 A, n, c, and E, shall
be set forth in restrictive covenants
subj ect to the approval of the ?own Attorney
and once so approved sha1l be recorded on
the land records of eagle county. The
developer shall be responsible for
subhitting the written conditions to the
Toun Attorney bef,ore the ml,nor subdLvlsion
is recorded on the land records of, Eagle
County,
(_
e.
1n
-"^i ,. I
to. *n" "rt" "t r,yon officc Duiltlins unl"ror"
building shal1 be sprinJcLered and have a fire
alar:n detestion systen. To*Tr of, vail Fire
Departrent approyal of the sprinkler and fire
alarm systemE shaLL be required before a building
pernit is released for phase I or II.
11. The developer shall subrit a set of arended plans
. to the colorado Division of nLghi ays for review
and approval. The inprovenents on CDOF prope*y
proposed by the developer llust receive CDoIt
approvaL before phase f, II, and II are presented
to the Aolrn of Vail Design Review Board for final
approval.
12. The east building including the trto enployee
dwelling units shal1 be constructed rrhen the
parking structure is built to ensule that the
eEployee units are built.
18. 46. 22O Enployee Eousl,nq
'lFhe developnent of sDD 4 vill have impacts on available ernproyee
houglng trlthin the Upper EagLe valley area, fn order to help
neet this additional empJ.oyee housing need, the developer (s ) of,
Areas A and D shall provlde enp].oyee housing on sl-te. The
developer (E) of Area A shaU build a rnininurn of 8 enployee
duel.ling units within Area A westhaven cond.oniniun building.
Each mployee dwe].Iing unit in Area A shall have a nininum
aquare footage of 648 square feet- The d.evel.oper of Area D
shall build ? erlployee dvelling unLts in the Area D east.
building per the approved plan for the East auiJ.ding. rn Area D
one ernployee drelling unit shau have aniniroun GRFA of 79s
sEuare feet and the second e'pl.yee dwerring unit shalr have a
miniuun cRfe. of 9OO square f,eet. The GRFA and nunber of
enpl.yee units sharr not be counted toward arl.wable density or
GRFA for SDD4. In Area A, the GRFA and nurnber of enployee
dueLling units sha11 be restricted as enployee dwerring units
for 20 years plus the rife of Tiffany christine LovJenthal f,rom ' the date of f,inar certificate of, occupancy for said units. The
tno +nployee dreJ"ling unLts in Area D shall be restricted a$
rental enproyee dwelring units peraanently. rn Areas A & D the
z'i
. .louing restrictit srrat'l, Jpty to all enproye" u*l .,n
unlts: The employee duelling unit shal1 not be leased or rented
f,or any period of less than 30 consecutive days, and that if
rented. it shall be rented onLy to tenants ltho are fu1l tine
emXrloyees in tshe Upper Eagle valley. fhe Upper Eagle valley
shall be deemed to incLude the Gore valLey, l{inturn' Red clifff
ciLman, EagLe-Vail, and Avon and their surrounding areas. A
f,uII tine empJ.oyee is a person who \,torks an average of 30 hours
per rreek. rn AEea A, lf an €NlploYee drtellj.ng unit is sold, it
itralt ue sold only to a full tine enployee in the upper Eagle
VsIIey. The ouner shall ocsupy the unit or leaser/rene as per
the requirenents in thLs section. In Areas A & D the employee
dwelling unit shall not be divided into any form of, timeshare,
. interval ownership. or fraitional fee ounership. A declaration
of covenants and restristions sha11 be filed on record in the
office of the Eagle county clerk and Recorder in a form approved
by the Torrn Attorney for the benefit of the To$n to ensure that
the restrictions herein sha1l run with the land before a
building pernlt is released f,or the construction of the emPloye€
units in either Area A or Area D.
18.45. 23o Time Resuirements
$DIX EhaII be governed by the procedures outlined in Section
18,40.120 of the To$n of Vail Municipal Code.
section 4.
If, any part. section, Eub6ection, sentence, clause or phrase of this
ordinance ie f,or any reason held to be invalid, such deciEion shall
not alfect the validity of the remaining portions of this ordinance;
and the Town council hereby delares it would have passed this
ordlnance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts,
aactLona, subsections, sentences, cLauses or phrases be declared
lnvalid.
32
The repeal or the repear. and re-enactruent of any provisions of the
vail l{unicipal code as provided. in this ordinance strarr not affect
any rlght whiclr has accrued,, any duty irnposed, any violation that
occurred prior to the effective date hereof, any prosecuLion
conneneed. nor any other action or proceeding as corllmencecl under or
by vl*tue of the provision repealed or repealed and reenacted. The
repeal of any provision hereby shall not revive any provision or any
ordinance previousry repealed or superseded unress expressly stated
herein.
Section .
All bylaws, orders, resolutions and ordinances. or parts thereof,
lncsnsi'stent herewith are hereby repealed to the extent onr.y of such
inconsLstency. The repealer shall not be construed to revise any
bylau , order, resolution or ordinance, or part thereof, heretof,ore
repeal6d.
I}fTRO9UCED, READ AND PASSED ON rIRST READING TIIIS zoth day of
uarch , 199o, and a public hearing shall be herd on this ordinance
on the 20Eh day of March , L99O at 7:30 p.rn. in the Council
chanbers .6f the Vail Municipal Buildingr, vaiL, colorado.
Ordered puhlished in f,ulI this 20rh day of March , 1990.
Secti 5.
INTRODUCED, READ
by tltle only
AND APPROVED ON
this 3rd day
SECOND READING AND
of April
ORDERED FUBLISHED
?
C
ATrEsr! Kent R' Rose'
, ..-\
ljanela A. Brandneyer, Tohrn clerk
C
, 1990.
ATIEST:
ENrrcIilA" o
KOELtsEL PROPERTY
DEVELOPI.IEIIT AREA JI
Va i 1-Rose 12.3?0 acres
'l
}
_ A part of the 5l.l lrl4 NE 1rl4 of section I?,Tor+nship's South, Range 8l tfest of thc 6th p.!1., descr:bed as fo Ilor.rs :
- Beginning a! a point on lhe wesE, line of said SIt I/4 NE t,/4 flom vlhich the North one-quarter corner of iaid Sectlon bears Nor--h 0oI5' Easr 2269.48 f6et; lhence Nolih 0ol5' East,along said trest tine.__Il:.!g feet to a poinr on the Southeasie:Iy right of way line of U.S. Highr+ay tto. 6i thence, along said Southeasterly right o: way Iine,-as follor.rs:
Norrh 5zo27'East, 102.31 feet;' North 490?0' East, 519.57ifeet; anC North 48ol3r East, S49.09 feet, mo:e or less, to a point on the North line of sai<i SI,l 1,/4 NE f/4 r ih.r,ce North ggo33' ' '
Easi, along the. Norih- line of said Sl.l I,/4 NE, 365 f eet, more or Iess, Lo a polnt on the cen--erline of Gore Cree!..; thence, along the centerl ine of, core Cree!: , as f olf or.rs :
South 3 6o4 9 ' I.Iesi , 10I.04 feet;South L8o21 ' I.test, 54 .08 feet;South Lo2.l' I.lesr, 205. O2 feer.i
SouCh l20I0t'l.tesr, ll0.2S feet; and south 2804I' h'est, 2.12-35 feet,, thence South lfest, 1054.10 f,eet to the poinr of begin;::ng,
Rose Parcel
7 5015 ,
3.190 acres
)
A traci of land situ3r.ed in the St'tNE! of Section Il,TP 5 S.. R. 81 r.1., oF rhe 6rh p.il., Iying SouLhe=}y oi thar cer:3in tract of land described in Book I99, eage 197, Horir,e-1v and I'lesEelly of the center line of Gore Cree!:, anri ]yj.ng Noiilrerly and Easterly oi those certain tracts deserlbed in aolr irr at eaqi toe,Boo]: 211 at Page 108 and Book 2I5 at page 365r tiescr.ire<i as f ollor.ls:
Beg!.nnin-c at a point on the Norih-South cenier line of said section 12 r+hence the North quarter corner of said section 12 bears N. 00015r E. 2289.48 feet.;thence N. 75015' E. 346.25 feet to the true point of beginning, said point being on the south line of Lhat tiacts described in Book 199, Page 19? and which bears S. 09025, E. 2205.34 feer from the Noreh quarter corner of said Section 12;thence N, 75oI5' E- ?1?.94 feet along the southerly line of that tracc described in Book 199, page ig? to the center o€ Gore Creek I thence S. 28o41r !1. 130.6I leet along the center line of said Creek;
thence S. 05024'30' E. 10d.50 feet along the center line of, said Creek;. thence S. agoZg, W. 95.50 Eeet along the center line of said creek;
- thence S. 22034 | H. 124.4? feet along the center }ine of said Creek i thence s. 54000' i.t. 119.34 feet, along the center line of, said Creek: t'o the Southeast corner of that certain tract of land dcscribed in Book !11, page lOB,thence N. 33o16'30"-w. I40.12 feet along the Easterly line of that tracr described in Book 2Ll at page lOe;thencc N. S7o42'30" t{. 169.BB feei: ifong ite Nof,lheascerly line of thac tract described in C""i'Zii-re page 108;thence N, B600Zr30. tt. L62.92 _f eet along tfre lloi:ttrerfy Linc of Ehosc rraccs described in Dook 2rr aE pige'rOit-e;"i -zrr
at Page 106 Eo a point,
thence N. _32oS?rJ0" t{. ?6.08 feet aLong the Norbhcasrcrly llne ?t-ll.,gt tracc desciiU"a in S""k ZIS at Fage 355, to thc poinr of beginnin;. -------
1.?60 acres
County oE Eagle and State of Colorado, to wit:A tract of land siLuaEed in the st'rkNEk of section 12, To,,rnslrlp 5 south, Range Sl l.lese of the 6th princi:al ueridian, describcd as foLLows: Beginning ac a point on the North-gouth centcr line of said Section-12 wheirci the North Quarter Corner of saiC Section 12 bears North O0 degs. 15 mins. East 2?69.48 feet; thence North ?5 degs. 15 nins. East 3,16.26 feeti ehence South 32 degs.57 mins. 30 secs. East ?6.08 ieet; thence South ). ). degs. 00 rni.ns.30 secs. hlesE 279.99 feet to.a point in the ceneer of core Creekt thence North 50 degs. 32 mins. l.tes t tll.3l Eeet along the cen:et line of said creeki thence North 3B degs, 40 mins. I.tist 239.09 feet along the cent,er line of said creek; tience South 76 degs.35 mins. !{est 99.91 feet. along the center line of, said ireek to a point on the North-South center line of said Secelon l2; thence North 00-degs. 15 mins. East 13,95 f,eec along tshe Nor-.h-south cehter lj.ne of said Section 13 to the poine of, beginning.
Tota I 16;820 ac:es
80.700 acres
GORE CRE5K ASSCCTATES PROPERTY
DEVlr,OPlrE:.lT ARE!.s B, C & D
c l!. 9l
6d.(t0 s|F
:.8
=v,J<os IJ
I
I
Lecil Desc:i?tion
All that part, of Section 12, Tor,rrship 5 South, Range 8!. Ifest of the 6Lh P,:.1- , desc;ibed as follo."'s:
ALl that part of the NINEk of section f2, lyins southerly of the Southerly right-of,-way line of U,5. Ilighr.ray No. 6 and Northerl-v of the Sou:her1y line of sald i{LNEk. as shor,rn on the plat on file in the office of the Eagle Counry Clerk and Recolder as Docunenc No, 9?489, described as f ollor:rs:Beginning at the highuay survey monument ac the Lnb,ersection of Lhe Southerly lLne of said highruay and the Easterly line of said NhNEt, rrhence the Northeast corner of, said Sect.ion 12 bears North 0o0f ' West 634,785 f,eet;
thence South ?3o26t30" West 1112.13 feet along the Southerly right of, way l.ine of said highway;thence South 70034r West 125.10 feet along the Southerly right of way line of, said highway;thince Sout,h 69025 I -!.lest-100.00 feet along the Southerly right of way linc of said hlghlay;
thence South 55050r West 100.00 feet along the Southerly line of .said highr.rayt
thcince South 62015r llest I00.00 feet' along the Southerly.right of way .line of said highway;
thlrice south 5Bo40r-Wes-t'100.OO feet along the southerll' righc of way line of said highlray;
thince south 55005 '
-Wesl' 100.00 f,eet along the Southerly rlght of way line of said highvay;
thence South 5Io32' West I00.00 feee along the Southerly right of,way line of, said highr'ray;
thence South 4705?r West 232.58 feet along Che Southerly riqht of way line of sald highr+ay to a point on the Southerly line of said
NlrNEt;thence North 88"31r East 497.67 feet aLong the Soueherly line ot said NkNEt t,o the center of the NEk of said Sect,ion 12;thence Nort,h 88033' East L3?9.35 feet. along the Southerl.y l3.ne of said NlrNEk to the Soubheast corner of said NtiNEt,thence North 0003' West 750.95 feet along Ehe basterly line og 5614 NhNEt to its intersection uith the southerly line of said
highway, thc Foint of beginning.
@
j-'+/
@l eil
co:ltIliuED
AND
Alr thaE part of the st''kNEk of section 12, Iying souEherr'/. of
the cencei of, Gore creek as shor'rn on the plot on filc in Lhe
ofEice of tshe Eagte County Clerk and Rccorder as oocuinenc llo'
9?.189, desc:ibed as f,ollo\us:
Eedinnins aL the Norlheas-. corner oE said St'JhllE!;
thEnce S6uEh 88033' I'lest I31.57 feet. to a Poinc in the center of
said Creek;
thence South 40o09r !{esg 94.0{ feeL along E-he center of said ct3ek;
thence sou tsh I8o2I' I,test 5.1 . 08 f eec aLong the ccnEer of sa:.d cree.k;
thence SouEh lo3.l' wests 205.02 f,eec aLong the ccncer of said creek;
thence south lzelor l.Iest 110.25 feet along the ccnter o! said c:eel'.t
the$ce souttt 28o4l' tles! 320.00 feet;
the$ce south 5024'30" Eas!, 170.00 feet along the centEE of said
creek;
thence soith 2?000'03" l{est 85,24 feee along the center of said
creek t
thence south srtooor I'lest 259.34 feet along the center of said
creek i ..thance South 65034 t lrlest I09. 62 feet. along the cent.e! of said
creek t thence gouth 6900;l' lvest 186-13 feet along the centar of said c:eeki
thence Souch 85o?5r l{esi, 58.88 feet a}ong the center oi said craeki
thence trorth 77036r irlest 25.96 f,eet along the cencer of said c:eek;
thence North 50032' I'lest I99.19 f,eet along the cent.er oi sald c;eel:;
thence Norih 38040' l{es-. 239.09 feet along the cen'.e= oE saii c:eek;
thence Souin 76035r i'lest 89.91. feet along the cenLar oi sai<i c:le-k;
to e point on the ltesterly line of said SlikNEt;
thenci soutsh 0()1.5' lres: 4?1.90 feet to the center of said Sect:cn 12;
thenca Nor--h 89.02' Eas€ 1382.65 feet alon<r the Southerfy line of
said SltkNEt to the Southeast corner of saici 5ll!115t''
lhEn€e North 0006' East 1384.32 feet along che EasterLj' liie oi said
SthNEl to .the Nor'.heese cor;rer of saii Sli!;NEl r the Poi:li oi
beginning ,
AND
fhe N$tSEt of Section 12 , Totrnship 5 South . nange 8I i'lis'. of lhe
6rh P.H.;
AND
Al1 Ehat part of, the sE\Nwk of section 12, Torvnship 5 South. Range
81 t{es! oi the 6eh P.l'l., lying southerl:' of the sou-,-herly right of
'way line of u.S' ilighwal' No. 5, as shor'rn on the Pi.ae on file in the
ofEice of the Eagi.e county Clerl: and Recorder as Docunent No. 9?489,
described as f,ollovrs:
Beginning at
thence Soueh said SEtNt{k
highvay;
thence North of r*ay line
SEkNwt t thence south
sElrN!{k t.o the
beginning;
EJ(CEPT THE FOLTOI'IING:
ttra i part described in Book 188 at page 545;
that part described in Book 191 at page 2ill;
thac part 4escrl'bed in Book 203 at page 231;
the Southeast corner of said SEtNI'ftr;
89o02r l.rest 836.95 feet aLong the southerly line of to a Foint on the Sout'herly right of way line of, said
52035' East 1057,07 feet along the Southerly right
of said highway to a point, on the Easterly line of said
0ol5, vfest G28.2L feet along the Easterly line of said
Southeasg corner of said SEltNHt, the point of,
36
A Eract of lanci situaged in rhe SIJ I/4 NI 1/( oi Secrion 12, Touaship 5 Souch, Eange 81 1'lesc oI the 6th Principal Heridian, lying _North\,testerl).of the cenEer line of Gore Creek ciescribeci as
f ollor','s:
Beginning at a point lrhence che l..'orch Quarrer Corner of saii Section 13 bears N. lloO3' l{.2797.72 feet; thence S. 66"02'30" E.89.50 feet; rhence S. 5A'42'30" E. 169.86 feec:S. 33416'30" E. I{0.I2 feer co ; poini in cenLer of said creek; rhence S. 65"34' l,',
feer along t'h e cen!eF line of said creekl S. 69oC'+' l,l . 9('.?8 feet alon61 the center I sajd creelr; thence li. 23"12'30" Ul. 317.54 ro the point of beginning, containing 1.05 nora o; less.
r.LSo DESC:,i EE:,
Deginnin; a'. a p'-,int rJhs-*ce tl;e North Quarte;
Co?ner of said Section I2 bearr N. ll'03' W.
2212.77 ieef,: il,ence 5. 85D+3'14" E. 89.81 feet,t'hence S.57'25'30" L.769.46 feer: thence 5.
32"59' 30" E. 141.47 feet to a poinL in t.he cenrer of said creek ; thence S. 65"31'36" W.
109.62 feet along Ehe cenrer line of sai<5 creel:;
rhence S. ('9o01 '36" l..!. 103 .02 f eet aJong the ce$rei ljne of sajd creeki Lhence N. 23"24'09"l.i. 319.(r9 feel to the pcint of beg,:'nnlng.
TOGETHET HITH an easenent as described in 'Docueenr
recoided AuFusr l, I96ii Jn Book 306 at Page 443 6^{ tecorded i;, tr'o( 301 ar. Pa.ge 86 o* thE
Eagl e County tecords.
o
II:UED
e
thrt part described in BooP. 203 at page 531;
theE certain island adjacent to the above-rlesc; ibed propcr'.?, and
Iocabed in the rniidle oi Gore creek, lrhich thc partics inuenC to exclude frcrn this transactiolli
counti- o f Eag le ,Slaee of, Colorado
ALSO THI FOLLOI.IIiIG PARCEL FoFi.iEP.LY ru{oi.rir As THa "CCSGi,iFi PARC:1"
SE (9 r!
gH
*J J<6g
Ehencs
the
109 . 6?
therIcs ine of
feer
acreS,
ALSO includin6: all r"rater and uel1 righrs appurIenanL to che above descri.bed properry.jncluCing. s'i rhout licirarjon, Vell Fernir llo.tl+712, $aLet ri gl'.ts ciecreed in Civil Ac:.ion lio- 2375 in tagle C,ourrtl Disrrjcr C.ourr. and al I rh.ei por'ti oi, of r..arer rirhEs decrced in Case )io. g0 CW +10. ater Djirision tlo. 5,(Gore No. I lJelI - 0.05 cis)
'l?
IIINUTES
VAIL TOIIN COUNCIL IIiEETING
JULY 17, 1990
7:30 P.M,
A regular neeting of the Vail Town
7:30 p.m., in the Gouncil Chambers
TIEI,IBERS PRESEI'IT: .
MEMBERS ABSEI'IT:
TOIIN OFFICIALS PRESENT:
Council was held on Tuesday, July 17, 1990, at of the Uail lilunicipal Buildlng.
Kent Rose, ltlayor
Tom Steinberg, mayor Pro-Ten
Lynn Fri tzl en
ilin Gibson
lilerv Lapi n
Robert LeVi ne
Peggy 0sterfoss
None
Ron Phi lI i ps, Town Manager
Lanry Eskwith, Town Attorney
Pam Brandneyer, Town Cl erk
The first item was a ten year employment anniversary award to Linda Barca. Ron Phillips gave brief background information on Linda who is a Bus Driver with the Public l{orks/Transportati on Departhent. skip Gordon made some additional cornents.
and llayor Rose thanked Linda for her hard vrotk and her years of service.
The next order of business was Citizen Participation. There belng none, Council
mov6d on to the thind item of business.
Iten three
stated a l 'l
of 1990
subdi vi
Pri
bs en
in order
thl s
taken and
on it the agenda was a Consent Agenda. Based on Council request, Mayor Rose
eaC
; and setti ty
ln current
to
on
n9,
Item B under the Consent Agenda was 0rdinance No. 23, Series of 19g0, second readlng, an ordinance ariending section 14,26.040 of the Municipnl coie to include as a conditional use "Television stations" in the cornnercial core II zone district {Applicant: vail/Beaven creek relevision frletwork). The full tle was read by l4ayor Rose. ltli ke l'lollica stated there had been one change only, and that was to "$ection I' Definition of rv stations." Blll perkins, ripresenting the applicant,stated he did have a guestion in regard to the term "satellite disi,,, and'iunther questions on the two foot di ameter requi rem€nt and exemptions. Furiher disiussion prompted deleting the verbiage for sateilite dishes frorn the end of sect.ion't.
Peggy 0sterfoss also requested clarification of the production studlo and whit views would be available to the public. Bill perkins stat;d the public would ue iute to vieu inside the production equipment with seating provided within the studio. and another studio for taping interviews wouid be on-tire wal klray imedi;teiy to ihe exterior of that studio space. Rob Levine noved to pass orii nance No. 23 on second reading, with a second coming from Tom steinberg. A vote was taken and ihe motion passed unanimousJv 7-0. Mike cacioppo spoke agiinst the approval of this ordinance indicating that he had a serlous problem with ahe location bf television 3t{rdlos on the first floor level , in that this has previously been reserved for restaurant or retail space and should be the continued use in c6nmerci al core I and'ii. inu tl,"t if.the council were to approve this ordinance, it would,'smack oi JpJ.iii piiuirise
and election payoffs. "
Item C under the Consent Agenda was 0rdinance l{0, 25, Serles of 1990, second
reading, an ordi nance anending_SDD t'lo._23, Vail_National Bank, Part of Lot D, Block
2, Vail Village 2nd Fillng, 108 South Frontage Road !,lest (Applicant;/ Uail National
Bank Building Corp.). Mayor Rose read the title of the ordinance iri'full. lke
Mollica indicated numerous changes to the "tlhereas" section at the beginning of the
ordinance had been included based on a request by lihnv Lapin, These changes were !0
acknowl edge the singular and unique situation in which the Bank finds itself. Jim
Gibsqn had guestjons in regard to future use of this parking facility and the
ri ght-of-reverter clause. Specifica.lly, he asked whether the reverter clause had
been lifted, stating the reverter clause was of some lssue because lf in the future
the medical facility were not located on this site o|if the structure were
destroyed and not to be rebuilt, Vail Associates could once again obtain exclusive
use of this portlon of land which l,ioul d then negate any parking arrangement the Vail
National Bank Buiiding had with the Medical Center. Larry Lichliter nith Vail
Assoclates acknowl edged the reverter clause situation and stated the clause had.not
been lifted. However, the situation was one with *hich they had dea.lt. Following
discussion, Rob LeVine moved to approve 0rdlnafice llo. 25, with a second coming from
Kent Rose, At this point, Jay Petepson asked to table this ordinance in order'to clarify the revefter clause question. Rob LeVine withdrew his rnotlon, and Kent Rose his second. Peggy osterfoss then moved to table this ordinance 1'lo. 25 to the August
7 neeting, with a second coning fron Jim Cibson. A vote lras taken and the notion
passed 5-2, with Tom Steinberg and Menv Lapin opposing
The fourth ltem of business was Ordinance ilo. 21, Series of 1990, second reading, an
ordlnence designating an underlying zone distrjct of high density multi-family ao
Special Devel opnrent District N0, 7, comonly refepned to as the ll|arflott fdark
Resont; and setting forth detalls in regard thereto (714 ttest Lionshead Circle,Lots 4,7, C, D, Block 2, Vail-Lionshead 3rd Filing) (Applicanti M-K Corporation,
lilark Lodge Condominiums, and Mark Resort & Tennis Club). lrlayor Rose read the fu'll title. Kristan Pritz presented a brief history relating to the applicatlon of HmlF
zoning tg the Speciai Development District. Because this item had been presented in its entirety at the June 19 evening meeting, Kristan focused on changes that had
occumed since that meeting. The GRFA had been reduced to 58,800 square feet, which has a Feflection of 56 timesharing units at approximately 1,050 square feet per unit. lfed Gwathney, architect for the project, explained that a conputer anilysls prss€nted a refinement 0f the plan and had altered the original figures and reduced the total GRFA by approximately 8,400 square feet. Krlstan explained the conslderation of both the ordlnance l{o. 21, as previousiy stated, Es well as
Ordinance I'lo. 22, relating to amending the SDD No. 7 to allor{ timeshare, could be
discussed in the same arena, but she asked specifically that indivldual votes be
taken on each of those ordinances. Fron research staff had put together, it
appeared'tne S0O actually had two underlying zone distr.icts. The iastern Lot ? had public acconmodation zoning. Hoyrever, that was in conflict with John Ryan, who had prepared the original EtR in 1977 and referenced Lot 7 as being zoned UUqf in tis EIR, Lots 4 and 5, which are to the west of Lot 7, appeared to have been zoned
HDMF. staff recommendati on for using the HDIIF zone district as an underlying zone district to-the sDD l{o. 7 was then presented. Kristan. noted several areai rigarding . 'HDMF'zoning'that made this zoning appear appropri ate aird appticaute to ihe t'taniott site.- l{erv Lapin then raised the _issue about the appropriateness of the HDilrlF
underlying zoning for all three lois at the ihrriott'site. I discussion ensuea ana it aas pointed_gut by the Town Attorney that the under'lying zoning uould affect the uses speclflcally fon the SDD and that the Council should ionsidei the critenia from the vall Land use Plan and whether this was a furtherance of that Land use plan. At this_polnt, Peter Jamar, Jay Peterson, Kaiser llorcus, Ned Gwathmey, Jeff Jacquard,
and John sweeney wepe introduced, alt as representatives of the trli'i'ri ott ark appllcation. Peter Jamar responded to suggestions nade by members of the council at the June 19 meeting and indicated that four revisions, comn.ltnents, and clarifications were being proposed in a ftemo fron the applicant daled July lo, 1990.
1. GRFA
The previous GRFA total proposed was 71,A00 squane feet, excluding 4,000 for_the ten enpl oyee units. After further study and analysis of-the floor-plin, the applicant proposed to reduce the total td 64,800 square f-et. Both figures'inciude the 4,000 sguare feet for enployee units,
2, Architectural features of existlng hotel exterior
Peten said it had been.suggested that in addition to their previous
commifiient to-repaint the-exterior of the existing hotel , they wou)d study alterations of the balconies in order to inprove ihe buiidingis appearanci. Feeling this vras an excellent suggestion on the Council,s part, the ippiitant was investigating various design solutions and agreed to iriclude i'nen balcony deslgn ln the proj ect,
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a
3. Time sharing
Due to sevenal questions regarding the timeshare nature of the expansion,the applicant had prepared an informational nemorandum addressing speci fi c' questi ons
and this was included in the Gouncil pachet.
4. Left turn lane
As a point of clarification, the applicant fully understood that if for
some.reason the overall funding strategy for Frontage ftoad improvet cnts is not established prlor to issuance of the applicant's certificate of occupancy, the
lpplicant may be responsib'le for 100% 0f the cost of the left tunn lane -oit ttre
Frontage Road to l,lest Lionshead Circle with a right of reinbursement for costs exceeding their fair share at sorne future date. should an overall funding rnechanism
be put i nto place.
'Kaiser Morcus stated that a $4.5 million upgpade.had been planned for the l4anriott facility, and this would include a total refurbishnren.t of the interior as weli as the 6xteri0r. As far as maintenance of the new building, Kaiser €xplained th€ne was a reserve fund thet had been established which repnesent€d ten perc€nt of the total
operating fund to lpgrade and nraintain the n€H facility. At this point, ,Jay
Petepson remi nded council that the applicant was establishing underlyin! roning and not changing it; that the origlnal zoning had been placed back in 19i3.- Cindy-
Jacobson presented coffients negative to the granting to the approval of this ordinance. Jim Lamont also spoke about the sDD special I {s and whather this was
being.handled in a procedurally correct nranner, he noted that with the two zoning districts involved in this property and the most restricttve use should apply. Xe slated his concern about fracti onal i zati on of acconrnodati 0n units and proteciing the
bed base and convention business for the Lionshead ar€a, as well as th! Town of-vail. KaisEp llorcus reiterated his desire to cat€r to ionvention business. Eric
Affel dt spoke ln regard to clarjfication of the underlying zoning being HDMF, and restated the actual locations of the parcels in question. Jirn Gibson ixpresied his concern with ordinance No. 22, the ordlnance allowing tirneshare d€velopnent at the f{arriott, and stated the report received fron the applicant seenred veri, sub.iective.
He felt that maintenance of privately ovmed properties r{as certainly nrire dEsinable than the timeshane scenario. ltlerv Lapin then nadE a motion to apprirve Ordinance l{o,?1, based on hls scrutiny of the surroqnding neighboFhood and noting that the Vail spa across the street currently ls zoned HDlrlF, Antlers ccll, and thi Enzlan ccII.
Tom Steinberg seconded this motion. Tom Steinberg then withdrew his second explaining he believed the eastern lot, i.e., the actur'l Marriott physiial facility,
was to remaln public accormodati on, and rvhen he understood thls wai iot so, withdrlw his second of that notion. Kent Rose then seconded llerv Lapin's notion to approve Ordinance i'lo. 21. Rob LeVine stated that even if the Council approved both 0rdinance Nos. 21 and 22 on this.evening, if the applicant wantli to do something outside the cuprent_soo, he rould have to corne in again fop a &aJop ar endnent to-the 590. Merv Lapin cailed the motion. A vote was taken and the rnoii on failed Z-S,with Rob LeVine and Kent Rose voting for approval of Ordinance No, 21, and the renaining five members of Council voting against.
Baied on this vote, J'ay Peterson reguested 0rdinance No, zz, series 0f 1990. be tabled to. the next regular meeting of.the vail roun councll, lugust 7, 1990: peggy
Ostepfoss noved to table 0rdinance t'ro. ?z to ihe August 7 m6etiis, with a second
comi ng from Rob Levine. A vote was taken and the motion passed irianimouit u-z-0.Eric Affeldt then requested a synopsis of the vote, with i^easons from each-of the
counci lmenbers to explain their votes. Rob Levine stated in order t0 protect the Tonn of vail zoning, the entire parcel, i.e., all lots, H0fiF seemed t0 make thi nost sense and was a cleaner sDD. .There was a procgss al ready set up for furthen revielr and change and he felt that the Town had explicit protecilon. Llrnn Fritzlen felt it
v{as inportant to establish underlying zoning, but felt that any increase in bulk and mass should not be addressed on a.singulan basis, Tora Steinbeig felt that having spl.it zoning-on the property was inappropriate. Kent Rose fel t-nuch ttrJ iame as-nob Leuine, stating that the HDMF already existed on this parcel , and he felt that HDI{F for the w€stern parcel was more appnopriate and so should be-ackhowledged as ttre overall zoning. filerv Lapl'n stated that he was against tineshane, alttriugft he did feel that HDMF was the appropriate zonin! for this particular paicel . ii'slated he was agalnst timesharing because of the nurneroug foreclosure nolices he seei for timeshare owners in. Eagle county. peggy Osterfoss stated she voied againii ttti.ordinance because she objected to changing denslty i ndependent of the-approval of the ordinance arnending the sDD. Jim Gibs;n statdl he was against ttre oiiinan""because of the uncertain quality of tineshare projects, and that HDlr[F would allow the timeshare use.
The tine being 10:30 p.m., Mayor Rose cal led for a five minute break.
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ol
The next item of business was 0rdi nance No. 19, Series of 1990, first reading, an
ordinancE nodifying Section 18.13.080(A) of the Municipal Code of the TOV regarding
density control for the pr imary/secondary zone dlstrlct (Applicant: Town of Vail). mayor Rose read the ful l tltle of the ordinance. Andy Knudtsen stat€d this
en€ndlng ordlnance was to coffect a typographi cal error. ltlike Cacioppo asked questions in negard to the affect this ordinance would have on his personal property
and was satisfied with the input from staff. Tom Steinberg made a motion to approve
ordinance l{0, 19 on first reading. Lynn Fritzlen sec0nded that motion. A vore was
taken and the motion passed unanimously 7-q.
l{ext was ordinance lrlo. 24, Series of 1990, first reading, an ordinanqe making
qupplenental appropriatl ons frorn the Town of Vall general fund, capital projects
fund, Conmunities for Drug-Free Eagle Vailey fund, special parking assessment fund,Vail marketing fund-and the real estate transfer tax fund, of the 1990 budget and the finencial plan for the Town of Vail, Coloradd; and authorizing the exptndituies -
of said appropr,iati ons as set forth herein. Mayor Rose nead the full ti e. Merv
Lapin suggested he ordinarily was not in favor of supplemental apppopriation
ordinances, but in this case, the majority of items were roilovers from l9E9 ani passage was appropriate- Jim Gibson moved to approve ordinsnce o. a4. with a
second coni ng from Ton Steinberg. A vote was taken end the rnotion pasied
unanimously 7-0.
The next item of busln€ss was 0rdinance l{o. 28, Series of 1990, first reading, an
ordlnance amending _the plan document of the Town of Vail ernpioyees, pension pian;
and 3etting forth details.in_ regard thereto. The full titli wis reai Ui ttiyor Rose. Charlie tiick stated that the next three iterns, 0rdinanc6 l'lo. 2A,-ordinance o. 29, and 0rdinance No, 30 were neariy identical documents, that state law requires separate documents for police and fire as oppored to Tonn of Vail employees' pension plan, and they must be reviened independen y of each, erv
Lapln moved to approve 0rdinance ltlo. 28 on first reading. Lynn Fnitzien seconded that nrotion. A vote was taken and the rnotion passed unanimously 7-0.
Ondlnance.No. 29, Series of 1990, first reading, an ordinance anending the Townrs PoIJce and Fire pension plan documeht subject to approval by sixty-five percent
(65%) of the Town's Police and Firenen; and setting forth details in regird thereto,
was next on the agenda. l4ayor Rose read the title ln full. Charlie ltiak stated that an election had been held on-July 2 and 3, 1990 at the vail Munlcipal Building fol the Town of vall and the pesults were as follows. The Town of vail'has 15 swoin fine personnel with 13 votes cast for anendment slx; one vote against anendment six;
and one fire personnel not voting; therefore, 93 percent voted ior angndftent six.In regard to the po1 ice election, the Town of Vail has 27 sworn police personnel; Zz vot€s cast were for amendment-six; none voted against amendnent six; ani five poiice pensonnel dld not vote; therefone, 8z pencent of the svJorn police personnel voled for amen*aent six.. In ofder to pass, 65 percent sworn personnel must vote on an jssue. Merv Lapin moved to approve 0rdinance No. 29 on first reading, and Lynn Fritzlen seconded that motion. A vote was taken and the motion passdi unaniirously /-u.
Iten ten on the agenda was ordinance No. 30, Series of 1990, first readinc. an
oTdi nance amending the trust agreenent pursuant to the Town of Vail emoloi;es,pension plan; and setting forth details in regard thereto, The full titli was read by Mayor Rose. This amendment allowed li RD t0 have a voting member on the goard of Trustees for the Town of vail Employees' P€nsion plan. tilerv Lapin moved to approve this ordinance, and Lynn Fritzlen seconded the motion. A vote was taken and the motion passed unaninously 7-0.
Item eleven was an appeal of a Planning and Envi ronnental connrission decision regarding the PEC's denial of a request for a h€ight variance for an addition to
Condominium Unit E-6, Lot P, Elock 50, Vail Uillage tst Filing (fal iiit t|eadow Drive - crossroads condominiums) _{App1 icant: sid schultz foi H. Hilliam smith).
l'4i ke Mollica requested that council uphold or overturn the decision ot ine pec. rne
PEC at their June 25, 1990,. public hearlng had unanimously denied the requested height variance, that vote being 6-0. tite-iv Lapin stated ihat h€ ovrned sri pencenr interest in unit c-l of crossroads, which dtsqualified hin from voting on lhis issue' so he stepped down from the hearing. Ton steinberg divutged tSat he had a 3 pepcent interest in a nortgage in a unit at crossroads, but dld not feel that was a significant conflict, so he opted to vote on the itan. ,tal peterson stateA'he was an attorney representi ng the applicant, and sid Schultz was the archltect on behalf of the applicant. Some discussion ensued in regard t0 whether other condonini un owners had been notified of this request for thi use of their collective GRFA, ana iierle sachnoff, who is secretary of the associafion, stated letters had bJin sent out to zz condominium owners vrith 20 responding they wepe in favor of this iudition
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and two voting against. Rod.slifer spoke on behalf of the applicant, stating it was
impontant to encourage upgrading of older facilities within the Town of vail. Lynn Fritzlen voiced her di scontent with the procedures statlng that she would prefer
havlng a policy statenent rather than treating this as a singular it€h. Mlke lilollica stated no additional parking requirem€nt would be neiessary since the total
square feet of the unit, including the addition, t,lould norr come to 1,695 square feet. Peggy osterfoss. noted that this h,as not 'l ike other in-fill ln the Village,
and uas nore an extension of an existing archi tectural elenent. peggy Osterfoss
moved to uphold the Planning comnission's decision for denial of thii-request, iith a second co$i ng fron Kent Rose. Her findings included that this would be a giant of speclal privilege becau$e the building itself is not a physicai hardship. A-vote was taken and the mot{on passed unanimously 6-0.
At this point, Susie Bruce, who was not represented by counsei, requested an audience wlth the Town council to di scuss the lease for space currintiy held by the.
Town of vail in the vi llage Inn project. Her questions Felated to the- terrn of the.
lEase as well as the cPl or adJustment over time. steve Barwickrs recomendation
was to conpronise, with the market value adjustnent after flve years. He suggested that an appraiser shouid evaluate the property. This lrould guaiantee after i-five year period of time, the Town of vail would be getting its equltable leasehold space amount. The council unanimously agreed and gave direc on to staff tb proceed r*ith signing of the lease with fls. Bruce.
There being no further business, the meeting was adjourned at 11:4F p.m.
Respectful ly submi tted,
ATTEST;
i4inutes taken by Pam Brandneyer
tLl-J
Cl erk
-9-
t,
'l MII{UTES
VAIL TOI{1'I COUNCIL MEETII{G
APRIL 3, 1990
7:30 P,M,
A negular meeting qf the Vajl Town
7:30 p.n,, in the Council .Chanbers
MEMEERS PRESENT:
ilE}AERS AESENI:
TO}'N OFFICIALS PRESENT:
Council was held on Tuesday, Apri'l 3, 1990, ;t of the Vail $unicipal Building.
Kent Rose, Mayor
Tom Steinberg, l'layor Pro Tem
Lynn Fri tzl en
Jim Gi bson
Merv Lapi n
Robert LeVi ne
Peggy 0sterfoss
I{one
Ron Phi l lips, Town Manager
Larry Eskwith, ToHn Attorney
The meeting began with a ten year employment annivensary award to charlEs l,llck. Ron Phillips gave brief background information on charlie, Director- of Administrative services and Assistant rown Manager, and then presented charlle with a Town of vail sl]ver belt buckle. After a few words of cormendation by Ron and KEnt, charlie thanked evoryone.
llett on the agenda was approval 0f the minutes of the l{arch 6 and 20, 1g90 neetings' ThEre was no discuss'ion by council or the public. Merv Lipln nrade a motion to appnove the ninutes as presented, and peggy osterfoss seconied. A voue was taken and the notion passed unanirnously 7-0.
tax code.
Mayor Rose read the full titles of the ordinances. Larry Eskwith stated thene lrere no changEs to either oFdinancE_since first reading. Kristan pritz and Larny then answered questions _from council. Tom steinberg made a notion to approve thi consent agenda as ppesen-ted, which Merv Lapin seconded. A vote was taken ind the notion passqd unanimousiy 7-0.
Ordinance No.6, series of-1990, first reading, an ordinance nelatlng to smoking in public places and places 0f empl oyment was neit. The full ti e was-read uy mayor Rose. susan scanlan gave brief background i nfornati on on how the ordinance-had come about. Aften some discussion regapdlng posting outs.ide of buildings, suiin answareo questions of council. Matt carpentep felt thii was a watered aown-p6liiy ind that the ordinance should have been wonded nuch more strongly, fonr Stei iibers'miJe a rption to appfove the ordinance, and Lynn Fritzlen seioirded. A vote wai tilien anu the notion passed unaninrously 7-0.
Fifth on the agenda was 0rdinance No. 11, series of 1990, first reading, rezoning Lots 3' 4,,and 5, vail valiey 3rd_Filing, a part.of sunburst replat fririr prinrarvT
secondary Residential to a.Specia1 Devel opment District. tttayor'Rose reJa irre t-urr title. Kristan Pritz reviewed the sDD request and gave backlround i nformaiion, she revi ewed the criteria used in evaluating the proposil and exllained wtrv iiirr reconnended derial . Kristan noted the itannihg ind Envi ronrnintal Conrml ssion voteo unanlmously 7-0 for deniai. Robert llarner, tht applicant, gav" .eason"-wt v' t . t"tt the sDD should be granted, and explained why the pbol arei in<ter the tariti wouta not affect the floor ar€a. . Jin ulunge, architect for the project, g"v6 ruiiher reasoning-why the reguest should be approved. Kristan ani noueri inswerld
'luesti
ons of council- Mayor Rose felt that since the i'larner's were offering on"r ilodi .qrar*feet in three employee units, naybe council could approve as an i icenti ve 'because tt was a benefit to the Town. Robert Levine made a motion to approve ttre orainance.
The third item vras a consent agenda of the following:
readi ng ,
|t vrhich v{as seconded by Peggy osterfoss. Tom Steinbet g requested Mr. l{arner to deed restrict the pool so jt nould renajn that way perDanently, and to d€ed restrict the
enpl oyee housing units so they are pernanently enployee housing; also, to ensure the
enpl oyee units would not be fop sale, but remain rentals only. Robert LeVine
amended the motion to lnclude Ton's suggestions, and Peggy amended the secono,
Peggy 0sterfoss stated she wanted it included in the ordinance that the reason for
approval ras for a gain in enpl oyee housing. Kristan conmented it would be added
sone[here in the beginning of the ordinance, in the "Uhereasr sectlons. There.was
th€n son€ discussion by Council negardlng Enforcenent and contnol. lalton llilliams,of the PEC, renarked that all menbers of the PEC feit it was a good design, a good
proposal , but they were concerned about using an SDD as the mechani snr to do this and s€tting a precedent. ilay Peterson added he felt the SDD should be granted because it was a very creative way to add three enployee units. peggy 0sterfoss cormented
Council was concerned with providing addftlonal affordable housing fop the.comunity
and it was appropriate to approve this SDD. A vote was. taken and tha motion pasied.
uhaninously 7-0,
Item six was Ordinance No. 13, Serles of 1990, first readlng, a requ€st for an
anendment to SDD 1'10. 22, a resubdivision of Lots 1-19, Block 2, Lionsridge Filing
Ho. 3. The ful l tltle was read by Mayor Rose. Krjstan pritz stated the SDD had
been approved and the final plat approved, but not recorded with the County yet,
She noted this was an amendment to the original SDD and that the final plat was also
being revised. She reviewed the changes requested, and cotrtrented staff pecomend€d
approvai with the condltions shown in the ordinance. Buff Arnold. archltect for the project, gave further explanation of the imendments to the SDD and reasonino for
approval . t4r. Pat Dauphinais addressed the item of number of driveways. Tfiere was then some discussion by Council regarding additional curb cuts. peggy Osterfoss
made a motion to approve to provide changes rith the finding that tttt changes are in
accordance uith the SDD criteria conditlons as llsted in the staff m€moraniun to the
PEC dated ltlarch ?6, 1990; except under empl oyee dwelling units, the nording ,'any
lot" should be used; a I etter of cnedit should be provided for a bus stop, so one
can be provided once a school or Town bus schedule is established within five years;
add the PEC recommendations that 1) each phase of devel opment shall include a
mininum 0f one employee unjt until the six employee unit minimun is fulfilled, Z)garages for employee units shall be connected to the maln stnucture, 3) the developer shall construct a sidewalk along the north side of Lionsridge Lane
beginning at the cul-de-sac and extending to the nain entry to the suldivisicn, and 4) at grade, unroofed, unenclosed decks may extend five feet into the r€ar setback for Lots 1-14; including conditions 3, 4, 5, and 6 in the staff recomnendation: and the four additional curb cuts not be approved. Menv Lapin seconded the motion.
Robert Levine was concerned that enployee housing figures wepe not included in the total GRFA, and wanted them shown up front, because they should be addressed and not
1gnored. Kristan Pritz remarked.they would be added in the density section. peggy
0.sterfoss suggest€d they be added in the preamble tike the last ordinance, in tht--
"Uhereas" sections, whlch Kristan agreed to. Dalton Hilliams, of the pEC: stated the PEC voted on the curb.cuts 4 for and 3 against, and explained their reasonings
and concerns. to the Cbunci'l . Ton Steinberg stated he would vote against the
ordinance as presented beiause of the lack 0f safety for children 6n the sideralk;the curb cuts belong oh thd north side only. Jim Gibson agreed. A vote was taken and the nDtion pa3sed 5-2, -with Tom Steinberg and Jin Gibson opposing.
Ordinance l{o. 14, series of 1990, first reading, a request for a special Development District at the carden of the Gods on Lot K, Block 5, Vail Village Sth Filing, and a portion of P-2, Biock 3, Vail Village 5th Filing, at 365 Gore Criek Drive. ihe full title was read by Mayor Rose. Kristan Pritz gave chronological background infornation of the sDD pequest to am€nd the 0riginal sDD, -she revieied the critEria used in evaluating the request, explained why the staff recommendation was for approval with the eight conditions and three rocomendati ons to the DRB as shown ln the staff nemorandum to the PEC dated March 26! 1990. Don Hare, repres€nting the ouner, reviewed again.why this soD amendnent was before the council. pam Hopkins,representing the architect, explained changes in the building footprint plans. Rrt carroll, a resident in the vorlaufer, was against the sDD beiause it wouia block the view of Vail Mountain. After much discuisiin by Council, peggy 0sterfoss made a notion to approve the ordinance with findings based on the eviiuation of the proposed S00 criteria are appropriate, with all condJtions in the staff reconmendation as shown in the staff memopandun to the pEc dated Narch 26, 1990.After some discussion by council, Jim cibson seconded the motion. A vote'wii taren and the motion passed 4-3, with I'lerv Lapin, Lynn Fnitzien, and Robert LeVinJ
opposi ng .
At this time, l{ayor Rose asked that the next few agenda items be p'laced on a cohsent agenda:
-?-
o
A.
order of
I
,..I
o
rst read
8. Resolution l'lo. 8, Series of 1990, proclaining the week of April 21-27 as Earth Awareness l'leek.
C. Resolution llo. 9, Series of 1990, setting rules for Council public
hearings.
After some discussion by council, Merv Lapin nade a motion to place ordinance o.15, Resolutlon l{o. 8, and Resolution No. 9 on a consent agenda, Tom Steinberg
seconded the motion. A vote $as taken and the moti0n passed unanimously 7-0.
f'layor Rose then read the full titles of 0rdinance l'lo. 15, Resoiutlon go. g, and Resolution f{o. 9. Robert Leulne nade. a notion to approve the consent-agenia, which
Merv Lapin seconded. A vote was taken and the rction passed unanimousty f-0.
ll,ext was Resolution No. 10, series of 1990, a resolution opposing mandatory social securlty end Medicare coverage. for publlc employees. Lynn Fritzlen stated she would not support this resolution-because she felt publlc employees should be subjected to the same- prograns as the private sector. There was some dlscussion by counlil and
Ron Phillips. Merv Lapin nade a motion to approve the resolution, and peggy
0sterfoss seconded. A vote was taken and the motlon passed 6-1, with Lynn-Fritzlen
opposIng.
The Jackal.ope cafe & cantina sign variance request was next. Shelly l{ello gave
background lnfornation on the variance neguest. she revievred the f6ur critiria used 1n evaluating the variance and.explained vrhy staff and the DRB reconmended approval of the request. Merv Lapin made a motion to appfove the request for reasons and findings as shown in the Harch 7, 1990 staff nemorandum to dhe DRB. peggy 0sterfoss
seconded the motion. A vote was taken and the motion passed unani noust J-i-0.
There was no Citizen Participation.
Itferv Lapin comnented councJ lmeqRbers had received a l€tter from l{oody geardsley
regarding the Baaptree iot. He requested Ron phitiips write a lettlr to I,lr,Eeardsley reguesting detailed inforrnation; Ron replied staff vr0uld follow up on the fequest.
There being no further business, the meefing was adjounned at 1l;15 p.m.
ordinance No. 15, Series of 1990, fi
business at Council meeti ngs.
ing, an ordinance changing the
ATTEST:
ill nutes taken by Brenda. Chesman
Respectful ly submitted,
I
,f NINUTES
VAIL TOTI'I COUNCIL MEETING
fiARCH 20, 1990
7r30 P-M.
A regular m€eting of the Vail Town
7;30 p.m., in the Council Chanbers
IIEI{BERS PRESENT:
MEi4BERS ABSENT:
TO}IN OFFICIALS PRESENT:
Council was held on Tuesday, March 20, 1990, at of the Vail ilunicipal Bui lding.
Kent Rose, l'layor
Ton Steinberg, l{ayor Pro Ten
Lynn Fritzi en
JJm Gi bson
Merv Lapi n
Rober.t LeVine
Peggy oqtepfoss "
None
Ron Phil I ips, Town Manager
Larry Eskwith, Town Attorney
Pam Brandmeyer, Town C lerk
The first item was the County Recreatjon and lffordable Housing Election presentation. Don llelch introduced members of the Task Force who were Dresont. He
explained the history of the County's plans for recrEation and affordabie housing
and brought the publlc up-to-data. Peter Jamar gave a slide presentation of prospecti ve plans. Kevin Lindahl reviewed the pianned capital costs for phase I of the recreation area, and once it becomes fully operational , the annual proceeds and costs. Jim Stovall gave closing remarks givlng an overviEw of the tentative olans.
He then urged the public to get out and vote April 10. Don llelch then held a question/answer session for the public.
Item two was a public hearing reganding the proposed Tennenbaum land exchange.
Itlayor Rose gave brief background information on the proposed land exchange. He then gave a sunnation of pasb Council philosophies and decisions negarding open space,real estate transfer tax, and the pursuit of land acquisitions to keep open space,
Counci l's concern nolr over a precedent that.will be set, and that Couircii did not
vrant to see local land degradation to preserve other lands. Andy trliessner,
reprgsenting the Tennenbaums, discussed anendments to the proposed legislation to
appease the Torrn of Vail, noting the basis of the request was.that the loss of one acre would not do the Town any harm. He then addressed some issues brought up at the Special Council l{ork Session me€ting last Thursday, and answered nunirous questions of the public, Afterwards, pro/con statenents frorn the public were nade.
Emmet li'lossman, who lives at 166 Forest Road, was against the exchange. Kirk Kepsel ,of Lake&od and pepresenti ng the Colorado Enviro rental Coalition, felt the'land trade would be outstanding for_Colorado. He felt the 2,10O acres were all ecologically significant land in the state, and thbone acre was not: Arthur Gould,a iicensed engineer and part-tine resident of vail*nd nepresenti nq .the homeowners on Rockledge Road, wai very much against the trade. fuody Beardsi e! of Denver,
nepresenting the Colorado 0ivision of the l{i I dernes{..*6gi a1", endoried the land
svrap, but would help if Vail residents could raise enoUgh money to purchase the lands; then the Society would drop their^ support of the'land tiade.' Moni Beal felt this trade nust be stopped now, because others would be coming up in the future if this did go through. Hermann staufer was against the trade, and felt residents had
worked hard for vail and want to keep it the crown jewel of the ski industry, Diana }lllliamson opposed the trade stating neighbops may have probiems if it happinea,
Lee Baker, from 0enver and on the Board of the colorado Mountain club, congratulated the council on their cofimitnent to open space, and stated tho position of lhs club on this issue ur,rs that it was a good deal for the people of Colorado; it may no! be for Vail, but it was for the State. He also felt lt lras too good a aeal to- turn
down and too good a deal for Vail t0 stop. Lew Meskiman, a Viil resident, feit the trade was not in the best interest of the toern. He sugge$ted the TovJn look inuo extending town limits over the Forest Service land and designate this overlappeo area as open space; this would provide a double block for any land transfers, He noted that ltlinturn does this. Joe staufer was concerned thal this transfer v+ould establish.a precedent and urged the Council to fjght it. Dorothy Colenan,representing the colorado Envlronmental coalition, stated she understood why vail
was against the trade, but felt the other lands wene vrorth saving; also, shi felt the ski area nay expand over the one acre eventual ly. Diana Don6van wai very rnuch
sgainst the proposed trade. At this time, Counci lmembeps gave their com|e ts rsgarding the proposed land trade. Jim Gibson was very disappointed with the
environmental groups; he felt theJ saw only one thing - 2,100 acres of Hhat they ftrnted. He felt this was an extremely dangerous preccdent which r$oul d affect Viil very adversely. He also remarked if it could be done here, then it could be qone
anwhere in the country. PegSy osterfoss comnented jt nas interesting t0.see the polerization of the Vail grdup and envi ronmental groups, and felt we should be
Horking together for a net increase in public lands, not exchanges. She also noted the probleft she had'with this exchange was that it involvEd subjective Judgenent -nhatrs good for whom? ltlerv Lapin v{as very much opposed to all iand trades that involve Forest service lands for privlte lands. He encouraged the public to contact our Colorado delegates and let them know inmediately that vre are against this trade, i,layor.Rose was against the trade because he did not went to lose bur open
space to_acguire some elserhere; the land was important here. Tom Steinberg, uho
was completely against the trade, pieaded with Mr. Tennenbaum to total ly.wiihdraw his request. He felt this was in the best intepest of the conmunity ani the lennenbaums. Lynn Fritzlen first thanked everyone for coming to express theif opinions, the cormented she was against this trade because it was a local land use decision being decided cn a national level with no local input. Robert Levine was worried about this trade setting a pnecedence, and felt that each time after this
would be easier and easier unti l the system fell apart, Ron phillips stated a
sumtary of councilrs conments would be in a urltten form sometime tomorrow for the public. Jim Gibson ask€d that a list of the Colorado delega on's addnesses and phone numbers be included for the public. Torn Steinberg then made a notion authorizing the Tovrn Nanager to make a summary of council's attitude and draft a letter to thE coiorado deiegation opposing the Iand trade as presented for reasons stated, and to have this letter sent to each nenber of the delegation, and also make this lnfornati on available to the public, along with the del egaai ons, ' addresses and phone numbers. Menv Lapin seconded the motion, A vote was taken and the motion passed unanimously 7-0.
Due to the lateness of the hour,
accormodate those members of the
present.
Counc:l decided to n|ove agenda itens apound to public involved in agenda I tens who uere stil l
The next item discussed was ordinance No. 9, Series of 1990, first reading, a request to anend Special Developnent District No. 23, the Vait National B;;k Bui.lding,. Hayor Rose read the ful l title. Tom Braun stated no changes had been
made to the ordinance and staff had done no additionai Herk on it wj[h Jay Peterson. He remarked staff had no other corments and would be i nterestei to hear ihe Bank's presentation, Paul Pov{ers of the vail ational Bank Building revi ewed the rsquest, gave som€ background information, and answered questions oi council,Peggy Osterfoss noted the council had problems with two issues basically: l) the timing of the construction before the parking-spaces were available, ani z)'adequate parking, Lynn Fritzlen stated it was difficult to vacate the space'if th-'conditions weFe not met, and the enforcement would pnove to be overwhelrni ng to staff. Tom.Eraun added that staff could not support the rbquest as it stalds. Tom steinberg nade a motion to deny _the ordinance, which was seionded by Lynn Fnitzlen.Dlana Donovan did not-understand why the council was against thi s. r6qu-6st. After
sorDe discussion by council, Byron Rose, one of the ownirs of the Banli bui lding,addressed the timing issue as far as Land Title and the VNB Building were concgrned- P€ggy osterfoss responded to Diana's concepns, and added she would vote against the ordinance. Robert Levine suggested the Town lssue a building permi t at the tine the parking structure was begun, but no occupancy permit until [hi parkinj structure was conplete. After much discussion by Council, Gail lCahr! i ch-Lowenthal -
responded to council's timlng concepns, asked questions oi counc.il and stiff, and gave reasons why the request should be approved, A v6te Has then taken and ihe notlon passed 6-1, with Mayor Rose opposing, so 0ndinance No. 9 was deniEd.
The fifth item was Resolution l{o. 7, Series of 1990.act on behalf of the Town of Vail in negotiating and terninatlon agreenent with the U.S. postal Service.
authorizlng the Town Manager to
entering into a I ease
There was no discussion by the
-2-
publlc or Councll. Uerv Lapin made a motion to approvB, r{hich *obert LeVJno
seconded. A vote was taken and the motion passed unaninously 7-0.
Next was 0rdinance No. 11, Series of 1990, first reading, relonlng Lots 3, 4, and b,uail valiey 3rd Filing, a part of sunburst replat from Pr inany/secondary Residentiai to.Special Devslopment District. Tom Braun stated the applicant was requesting the
ordinance be tabled and the application be remanded to the Planning Comission.
ThErg was no other discussion. Merv Lapin made a notion to tabje the item and
remand the.appiication back to the planning Conmission. The motion was secondod by Robert Levine. A vote ulas taken and the notion passed unanimously 7-0. .
Ordinance Uo.7, Series of 1990, second reading, increasing futune Council
compensati on, was discussed next. Mayor Rose read the full title of the ordinance.
Lynn Friizlgn made a notion to approve, with a second by Tom steinberq. Jin Gibson
was opposed to the ordinance because he felt it would not get youhgen people to.run for council. Also, he felt council would be open to considerable irit-i c.i sn sine Planning co misslon and Design Review Board menbers received no compenlati on, Aften
sone discussion regarding this, Diana Donovan corment€d she feit an across the board increase for councilmenbers was alright, but not for attending meetlngs.. A vote was then teken and the motion failed 3-4, with Robert Levine, peggy Dsterioss, l.lerv Lapin, and ,Jim Gibson opposed, so Ondinance No. 7 was denled.
The next order of business was 0rdinance No. la, Senies of 1990, fiist reading,
amending.the Town's. sales tax code. The full ti e $ras read by t'layor Rose. ihere
was no diseussion by Council or the public. Merv Lapin made a'motlon to approve,which Peggy 0sterfoss seconded. A vote was taken and the motion passed unanimouily 7-0.
The Jackalope cafe & cantina sign variance was next. Due to the absence of the appli€ant, lilerv Lapin nade a rnotion to table this itEm to the next Evening lrtee ng April 3.. Peggy Ostepfoss seconded the notion. A vote was taken and the iotion passed unanlnously 7-0.
The-tenth item on the agenda was appointnent of a Design Review Board member.lpplicants. for the openjng.were Carolyn Edrington, Don Galgan, George King, and
George Lamb. council voted by secret ba] lot for one member. There-was a-riraiority vote for €eorge Lamb. erv Lapin then made a motion to appoint George Lamb lor a tno year term on the DRB, which rorn Steinberg seconded. A vote was iaken and the motion passed unanimously 7-0.
Thsre was no Citizen Participation.
There being no further pubiic business, the meeting was adJourned at 12:15 a,n.
Respectful ly subnri tted,
ATTEST:
Minutss taken by Brenda Chesman
-3-
Vn9:!-&
A^tn'e! Jn.qL ffi,4"x
\r
b h ORDINANCE NO. 12 Series of 1989
AN ORDINANCE REPEAI.,T}IG AND.REEI{ACTING ORDINANCE NO. 40,
SERIES OF 1988, TO PROVIDE CTIANCES TO AREA D REQUIREMENTS THAT
CONCBRN THg COI.IDITION OF I'NDERGROUNDING Uf,ILTTTES'
A NET{ IPCATION FOR lHE EUS STOP' A DECE!8R3,TION IANE ON THE
solxrH rRONTAGE ROID; A t{INoR SUBDMsIONT AND STAIMEL,L \ADDIIION, AND SETTING FORiTH DETAIIS IN REGARD TIIERETO
lfIiEREAS, Chapter 18.40 of the vail MuniciFal Code
special Developnent DLstlicts trithin the fortrn r and
I{HEREAS, the Town Council approved ordinance 40,
Special Deltelopnent District No. 4; and
authorizes
Series of 1988
18.40 of the VaiL
Town Council has recelved
Cornrniss ion reconnending
t\ l|J aaL
Rb (DF
ruH
*t
dH
WIIEREjAS, GIen Lyon Office Building, a colorado Partnership, has
requested to am€nd the existing special Development Dlstrict No. {,
Area D; and
HHEREAS, the Planniug and Environmental Comrnisslon has
reconrnended that certain changes be nade to SpecLal Developnent
olstrict No. 4r a$d
WHEREAS. the lovn Council consLders that it is reasonable,
appropriate, and beneficial to the Tonn and its citizens,
inhabitants, and visitors to repeal and reenact ordinance No. 40,
serles of 1988 to provide for such changes in Special Developnent
District No. 4, cascade vil.Iage.
NOW, THEREFORE. BE XT ORDATNED BY THE TOWN COUNCIL OT THE TOI{N
OF VAIIJ, SOLOFADO, THAT:
ordinance No. 40, Series of 1988, is hereby repealed and
reenacted, as follows i
Section L. Anrendrnent Procedures Fu1filled, Planning Connission
Report.
The aFproval procedures described in chapter
l,tunicipal code have been fulfilled. and the
thg report of the Planning and Environnrenta].
approval of the proposecl development plan for Special Develophent
District No. 4.
seqtion 2. S}recial DeveloEnent District No. 4
SpecS.al Development District No. 4 and the developnent pJ.ans
tbe*fore, are hereby aPprovecl fof, the development of sPecial
opnent District No. 4 within the Tohtn of vail.
I I
i
I ffi:.fpe"iar Deveropr'enr Districr *ol, cascade vilrage, ls
hereby repealed and re-enacted with anendnents to read as f,ollors:
18.46.01O P\rrDose
Spgcj.a]. Development Distlict No.r 4 is establ,Lshed to ensule
cornprehensive development and use of aD area in a nanner tlrat
*itf le hatr$orrious with -'he general character of, the Town,
provide adequate open sPace and recreationa] anenities, and
promote the obj ectives of the Town of, Vail codprehensive Plan.
special Developnent District No. 4 is created to ensure that the
developnent density will be relatively lor,r and suitable for the
area and the vicinity in which it is situated, the developurent
ls regarded as conplementary to tbe tor,ln by the Tovn Council and
the Planning conmission, and because there are sJ.gnif,icant
aspects of, the Special DeveLoFnent DistrLct which cannot be
satisfied through the lnposition of standard zonl'ng districts on
the area.
18.46.020 Definitions
tor the purposes of, this chapter, the f,ollowing definitions
shall applY:
A. rrspecial attractiontt shat! be defined as a nuseum, seminar
or research center or perfonning arts theater or cultural
center,
B. r'Transient residential dr^relling unlt or restricted dvelling
unit" sha1l be defined as a duelling unit located in a
raulti-f,anily duelling that is manag'ed as a short telt
rental in *hich all such units are operated under a single
Danagement providing the occupants thereof customary hotel
se:rrices and facilities. .e short ternr rental shall be
desned to be a rental for a period of tine not to exceed 31
dayg. Each unit shall. not exceed 645 square feet of, GRFA
rrhich shall include a kitchen having a naxLmurn of 35 Equare
feet. The kitchen sball be designed so that it roay be
locked and separated f,ron the rest of the unit in a closet.
A trans ient dnelling unit stral} be accessibXe fron comnon
corridors, qralks' or balconies r,iithout passing through ..'.\*-
&.tt s6 o,
gH
AE
o :.=::.".,:":::,*"":::' ffi:"H'::,." ::":::il"."
as condoniniuns, they shall be restricted as set fotth in
..section L7.26.o75--L7.26.L20 governing condoniniun
conversion. The unit strall. not be used as a pernanent
residenca. Fractional fee ownership strall not be alloired
'to be applieil to transienf, duelling units. for the
purposes of, deterrnining allowable density petr acre.
transient residential dlwelling [nits shall be counted as
.one half of a dwelling unit. The transient resldential,
dweUing unit parking requirernent shall be 0,4 spacE per
' unit plus 0.1 space per eaeh 1OO square feet of, GRrA nith a
haximu:n of 1.0 space per unit.
t8.46,030 Established
A. Special Developnent District No. 4 is established for the
developnent on a parcel of land cornprising 97.955 acres as
uore particularly described in the attached Exbibit A.
Special Development District No. 4 and Che 97.955 acres may
be referred to as "sD4. rr
E. The district, shall congist of four separate developrnent
areasr as identified in this ordinance consisting of the
following approxinate sizes:
Atr'ea Kno$rn As Acreaqe
17.955
4.O
?9.10
1.8
40.4
4.7
9?.955
18.46. 04O DevelopneEt Plan--Reouired--ADDrovaI Procedure
A. Each deveLopnent area vith the exception of Developnent,
__'
Areas A and D shatl,. be subj ect to a single deveLopnent
plan. Developnrent Area A shall be aLlor,red to have tlro
developnent plans for the Waterford, Cornerstone, Uillrace
Developnent Area
cascade village A
CoLdstream Condominiuns B
Glen Lyon Duplex Lots C
Glen Lyon Connercia:. Site D
Dedicated Open Space
Roads
B.
c.
Iv and Cascade Club sites as qproved by the f otrn Council '
Development Area D shall be t".a to have 2 devetoprnent
plans as approved by the Eown Counci:'. 1!he developer shaU 'l
have ttre right to Froceed rrith either one of the
devefopnent plans or scenarios aE defined I'n section
18.46.103 B-F.
A$endments to sD4 shalL cornply vlth the procedures ou+-] ined
ln Section X8.4 o.
Each phase of developrnent shall require. Prior to lsguance
bf building perurits, approval of, ttle Design Re'riew Board in
accordance r.rith applicable provisions of chapter 18.52.
Perfli"'ted Uses
Area A, cascade village
1. First fLoor conrnercial uses shaLl be linited to uses
listed in 18.24.030 A-c. The rrfirst floor't or irstteet
levelt' shall be defined as that floor of the building
that is located at grade or street l-evel.
2. All other f,loor levels besides first floor or stleet
level rnay include retail , theatre, restaurant, and
office except that no professional or buslness office
sha11 be located on street level or f,lrst floor (as
def,ined in Section 18.24.030 A of the Toi'n of, Vail
zoning code in Area A) unless it: is clearly accessoty
to a lodge or educational institution exeept for an
off,lce space having a rnaxirnum square footage of 925
square feet ]ocated on the first floor on the
northwest corner of the Plaza Conference Centetr
3.
4.
5.
6.
building.
Lodge
Uultl-farnilY dwelllng
Transiene residential dwelllng unit
Employee dnelling as def,lned in Section 18.46"220.
Cascade club additlon of a lap pool or gynnasiun
18.46.050
I
HE s:
Eq
dE
o
A. Area B, Coldstre,an eondorniniuns
1. Two-fanily drelling
Z. ltulti_fanily dwelling
C. Area C, clen Lvon Duplex Lots
'1. Slngle fantily dwelling
2. Tvo-farnily dltelling
D. Area D, GIen tvon CoFnercial srte
1. Retail
2. Restaurant and bar
3. Business and professional offices
4 . I'Iulti-familY dwelling
5. Enployee dwelling as defined in section 18.46.220
18.4 6.060 ConditionaL Uses
condltional uses shall be reviewed per the Procedures as
outlined in Chapter 18.60 of the Tor,tn of vall zoning code.
A. Area A, cascade villaqe
1. cascade CIub addition of a wellness center not to
exceed 4,500 square feet.
2. lractional fee ounership as defined in the To!'n of
Vail MunicipaL code. section 18-04.1.35 shall be a
conditional use for dwelling units in the westhaven
' mu1ti-f,amily dvellings. Fractiona] fee oltnershiP
5ha11 not be applied to restricted enPloyee dwelling
' units or transient residential dwelling units'
Ownership intenrals shall not be less tban five
{eeks-
3. Special attraction
4. Slti llfts
5. Public park and recreational facilities
6. Major arcades with no frontage on any public vay,
street, r^ralknaY or rnal1 area '
B. Area B, CoLdstrean Condominiuns
1. Public park and recreational facilities
2. Ski lifts
o
Area C, Glen Lvon DuDIex Lots o
c.
1
2.
Public park
ski lifts
and recreational facilities
1. Micro-bresery
code, section
as defined in Toun of Vail Hunicipal
18.04 .253 .
Accesgorr' Uses
Area A. cascade Villa<re
1. Minor arcade.
'2. Hone occupations, subject to issuance of a hone
occupation per:nit in accordanc.e with the provisions of
seclions 18.58.130 through 18'58-190.
3. Attached giarages or carports, private greenhouses,
swirnnring- poo1s, tennis courts' patios' or other
recreational f,acilities customarily incidental to
pernitted residential" uses.
4. other uses custornaril.y incidental and accessory to
perflitted or conditional uses, and necessary for the
operation thereof.
5. Swinrning pooLs. tennis courts, patios or other
lecreational facilities custoloariIy incidental to
pernltted ori conditional uses, and necessary to the
operation thereof,.
Area B, coldstrearn condoriliniums
1. Horae occupations, subject to j'ssuanee of, a hone
occupation pennit in accordance nith tbe provisions of
Sections 18.58.130 through 18.58.190.
2. Attached garag'es or carForts. private graenhouses,
swirnrning pools, tennis courts, patios, or.other
recreational facilities customarily incidental to
peri$ieted residential useE.
other us€s customarily incidental and accessory to
pertnitted or conditional uses, and necessar? for the
operation thereof.
Swirnning pools, tennis courts, patios or other
I
18.46.070
A.
)I ]
.l
recreational facilities sustoharily incidental to
pernitted or conditional uses, and necessary to the
operation thereof.
lrea C, 61en Lvon Duplex Lots
1. Home occupat,ions, subject to issuance of a hone
occupation permj.t in accordance vith the provisions of
Sections 18.58 . !3 0 tbrough 18.58.190.
Ittached garages or carPorts, Private greenhouses,
swim:ning pools, tennis courts, patios, or other
recreational facilities custornarily incidental to
pe!'nitted residential uses.
Other uses custonarily incidental and accessory to
perfiitted'or conditional usesr and necessary for tbe
operation thereof.
Area D. Glen Lvon conrnercial site
1. Home occupations subject to issuance of a hone
occupation perrnit in accordance with the provisions of,
Sections 18.58.130 throuqh Lg .58. I90.
2. lttached garages or carports, private greenhouses,
swirnnring pools, tennis courts, Pat'iosr or other
recreational facilities custourarily incidental to
penflitted residential uses -
3. other uses custonarily incidental and accessory to
perrnitted or conditionaL uses, and necessary for the
operation tbereof.
4. Mlnor arcade.
Location of Business Activitv
All offices, businesses, .and services permitted by sections
18.46.050 through 18.46.0?0 shal-L be. operated and conducted
entiraly rlithln a building, excePt for Permitted unenclosed
parking or loading aleas, and the outdoor display of :
Eoods.
The area to be used for outdoor display rnust be locat.ed
dlreetly in front of the establishnent displaying the goods
and entirely upon the establishnent's own property.
c,
2.
lt
18.45.080
A.
Et.
I
sidewal.ks, building entrances and exits' driveways and
stleets shall not' be obstructed by outdoor dLsplay'
Densitv--Drtellinq Units
nunber of dwelling units shall not exceed the follolring:
Area A, caEsege-ILllf-CSg
fwo bundted eighty-three point f ive (283 ' 5) dt'teUing units'
total rnaxirnu:n with a rnininurn of three hundred thirty-eight
(338) accohr$odation units or transient residential dr,rel l ing
units and a naxirrun of ninety-nine (99) dwelling units as
def,ined by the table in Section 18'46'103 A-D'
sixty-five (65) dwelling units
Area C, Glen Lvon Dublex Lots
one-hundred four (104) dwelling units'
l
19.4S.09O
A.
18.46.100
Sceneric L shall al.1or,t f,or three
vhich shatl be ernPloYee dvelling
tabte in Section 18.46.103F.
DensitY--!Lee$ggg
d$telling units, t$o of
units as defined bY the
tt.
Area A, csgSede--Yi-l-l-eqC
The gross residential floor area for all bui'ldings shall
not exceed 289,445 square feet, except that the total
maxirnurn GRFA shall not exceed 292,245 square feet if
Mlllrace Iv Scenario 2 (32 A.U''s) is constructed' )
Area B, CoLdstrean eondg.'iiniur:rs
Sixty-five thousand square feet (65.000 s'f,') GRFA'
Area c, Glen Lvon Duplex Lots
GRFA shatt be calculated for each lot per Section 18.13-O8O
density control A and B f,or the prinary/seconaary district
of the Town of Vail nunicipal code. No residential lot
shall contain rnore than 4,?00 square feet of, GRFA per the
dlen LYon subdivision covenants '
D. Area D, GIen Lvon connercial Site
Scenario 1 shall allov for three dwelling units. lthe groso
i-
o ol o
.ul
residential floor area for the t:{o ernployee d$elling units
shall be 795 square feet and 9Oo sqdare feet respectiveLy'
The gross residential floor area for the free narket
.dwelling unit shall be L,530 square feet.
13.45.102 col:|nercial Souare Footaoe
A. Area A. cascade villaqe
Irea A shall not exceed 56,538 squr.re feet of cornraerciaL
alea. commelcial uses include retail, offiee, theater,
trestaurant, uses listed in section 18.46.050 A-1, and the
special attraction use-
B. Area D- GLen Lvqn conTnercial Site
Area D shall not exceed 14'950 lguare feet of, office for
scenario I or 18,2?5 sguare feet of office for scenario 2
per tbe approved dev e l oprnent p1ans. The micro-brervery and
associated uses shalL be construeted per the approved
developnent pLan.
18.46.103 DeveloErflent Statistics for Area A. Cascade Villacte, and
Area D, Glen Lvon connercial site
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Area
(Acresl
15.68
1 .23
t-7.955
square f,ootage
plan.
units GRFi\
16 Du/i\cre f .351 I
original Parcel
Robbins Parce!
Cosgriff Parcel
252.Oo
19.68
256,43?
18 t752
15,.932
29L,!2L
!t
DEVEIOP!.IENT roR AREA D, GLEN LYOII Cor'fiERcrAL SITE
1.04 5 1"6.72
288.4
ls allocated for connon
I
* Additional
devel opnbnt
10.150 1. EXISTI$G OFFICE
2.4OO ?. Glen LYon of f j'ce
7oo | 2.8
r,77a I rq.r
I 1,858 | rs's
I 446 I I-s
6.600 [ o
41s I 0
3. HICAO.BRE\'TERY*
oFrI'cE
BEER HALL
Brei,r Pub
Retail
Breu House
lluseum
2.400 I 9.6
EASI BUIIDING
Scenario I
2 EnPIoYee
Dwellings lress
1 Dr.relling 11630
5,725
Scenario 1 3325 of,fice 14'950
Brew. 11,793 1O1.
of f ice 18..275-
Brew. 11,?93 109
18.46.O Develoordent plans O
Site specific developrnent plans are app
F.
6
t&
u,2
1 (J
UJ o.*
roved for Area A and Area
D. The devetopnent plans for Area A are comprised of those
pl.tt:. subnitted by vail. ventures, Ltd. The develoPment plans
for Area D are conprised of, those plans sub itted by the GIen
Lyon of,flce Buildingr, a colorado Partnership. The following
alocuments comprise the developrnent pl.an f,or each area:
Area A, cascade Vi]laqe:
1. Cascade Village Master Pl.an and Building Height, Roha,
to/Lo/88.
2. Waterford and cornerstone FLoor P1ans, Rona, 10/10./8E, p.
1-9.
Waterford and Cornerstone Sections' Roma, LS/LO/B9,
Waterford Landscape PLan, Rona, Io/lo/gs.
Waterford sumrner Solstlce, Ror,la, 10,/10/88.
Waterford Site Plan. Rona, 10,/10/88.
t{aterford Elevations, Rorlla, 10,/10/88.
l{aterford Winter Solstice, Rorda, 10/!.0/86.
Waterford East Elevation Height Analysis, Roha, 9/28/86.
Cornerstone Site PJ,an, Rorna, 10,/f 0/88.
Cornerstone Elevations, Rarna, 10/10/88, p. 1-3.
Cornerstone Sun/Shade, 10/70/88.
Cascade Entry Rendering, Rona, 1o/r10rl88.
Cascade club Addition site PIan' Rona, 10il10/88.
Cascade Club Floor PIan, Rona, lo/Io/88.
Millrace fV (32 A.U.'s). PIan, Rona, lo/IO/88.
Millrace Iv (32 A.U.'s) Floor Plans, Rona' 10/ro,/88.
Survey, a part of Cascade Village, EagLe valley
Engineering, Leland Lechner' 6/8/87.
1
4.
6.
8.
o
10.
.t r.
L2.
13.
14.
15.
16.
I7.
18.
19. Site Coverage Analysis, Eagle valley Engineering,
10,/10,/88.
20. Caseade Village Special DeveloPnent Dlstrict Arnendnent and
Environnental frnpact Report: Peter Janar Associates, fnc.,
Revised 1l/22/88.
L7
I
I
l t-;
Area D, GIen tvon cornmercial site
:..fvalr Brenery cotnPany GIen Lyon }"" Site Developrnent Area
D Uasler Plan, Roma, 7I/28144'
2. vail Bre\tery Floor Plans, Rona' 11,/10/88'
3. vail Brenery Sections and Elevations, Roma. fL/:.:o/}lr P' f )
and 2,
4. vail Brenery HeiEht study, Rotra r u/22l88.
5. Glen lJyon Parking Garage Floor Plans and Slte P!'an' Roma,
Lt/28/88.
6. GLen L,yon Parking Garage secuions/Elevations ' Rona,
Lr/28/es.
7. GLen Lyon condoninium, Roma, L)-/28/88.
8. clen Lyon condorninLum East BuiLdLng, Roma ' ]-]/28/88-
9. Off,ice Additlon to GIen l,yon Of,fice, Floor Plan, BUFF
ARNOLD/NED GWATHI{EY ARCHTTECTS MAY 3 ' 1989 SHEETS I AND 2 ' }
{
AND ROI{A, ELJVATIONS. TTTE VAII, BREI{ERY UARCH 16, 1989. ,
10. cascade vill.age Special DeveloPnent District Arendnent and
Environmental ltnpact Report: Peter Jamar Assoclates, Inc-,
ReviEed \L/22,t88 -
11. DECET,EnATION LANE DESIGN FOR SOUT4 TRONTAGE ROAD RBD,
ocToBER 18, 1988 AS APPROVED BY CO. PrV. OF HGI{YS '
:-2. A RESUBDIVTSION OF I,oT 54 A$ENDED PI.AT GLEN LYON SUB-
DIVTSION. EAGLE VALLEY SI'RVEYTNC INC. AS APPROVED BY T.O.V.
L8.46.110 Developnent Standards
The developnent standards set out in Sections 18.46.120 through
18.46.180 are apProved by the Tovn Council ' These standards )
sha1l be incorporated into the approved developnent plan
perEinent to each developnent area to protect the integrity of,
the deveLopnent of SD4. They are rnlnimum deveLoPnent standards
and shall apply unLess hore restrictive standards are
incorporated in the approved developrnent plan uhlch ls adopted
by the Town council.
18,46.120 Setbacks
A. Area A' Cascade village
Required setbacks shall be as indicated in each developrnent
. plan with a nininu:n setback on the periphery of the
pEoperty of not less than tr,renty feet, ith the exception
that the setback requirernent adjacent to the existing
casc.ade parking structure/athletic c].ub bulfding shall be
trro feet as approved on February 8, 1982, by the Planning
G }H
#5 rgf F
= {rt
J<,jE
l
O.ro Environrnental cornmission. I oortot"gs shall rraintain
a 50 f,oot stream setback fron Gora creek' The t{aterford
and Cornerstone buildings shall rnaintain a 20 foot setbacf'
-fron the north edge of the recreational Path along Gore
Creek.
B. Area B.-coldstream ccndoniniums
Requiredsetbackssha}lbeasindicatedonthedevelcpient
Pran.
C. Area C' Glen Lvon DuDlex Lots
Required setbacks shatl be governed by Section 18'13'05o
setbacks of the Prinary/secondary zone district of the Tottn
of, Vail uunicipal code '
D- Area D, Gfen Lvon coinnercial Siie
Required setbacks shall be as indicated on the approved
. develoPnent Plans.
18.46' 140 Heiaht
A. i.or the Purposes of sD4 calculations of height' height
shal1 mean the distance rneasured vertically fron the
existing grade or finished grade ($thichever is rnore
restrictive), at any given point to the toP of a flat roof,'
or nansard roof, or to the highest ridge line of a s)'oping
roof unless otherwise specified in approved developnenc
Plan drawings.
B. Area A. Cascade Villaqe
1. The maxinum height. for the Westin Hote]' cllc Learning
center. Terrace wing, Plaza conference Building and
cascade Parking structure/Athletic ctub is 71 feet'
2. Cornerstone Buildlnq: Maxirnun height of ?1 feet'
. 3. Waterford Buildinq: Maxirnun height of 48 feet as
heasured frorn f,inished grade to any portion of the
roof along the north elevation (South Frontage Road)
and uest elevation (westhaven Drive) ' A naximu!| height
of 40 feet as heasured fron ttte lowest floor of the
parking structure to the roof eave is approved for the
south and east buildinv f,"tion" ' A rnaximun height
of 51 feet a6 neasured fron the lo!'test floor of, the
parking structure to the roof ridge is approved for
the south and east buildlng elevations'
4. Hesthaven Buildino: I :naxirnurn of 55 feet'
5. MilLrace III: A rnax irnurn of 48 f,eet.
6. Millrace IV: A naximun of 48 feet.
7. Cascade Club Addition: A rnaximurn of, 26 feet.
8. Cascade Entrv Toner! A maxirnum of, 35 f,eet.
.9 - The rernainder of buildings in Area A shall have a
rnaxirourn height of 48 feet.
Area B, coldstreaF condominiuns
The naximurn heighl shall be 48 feet.
Area c. Glen Lvon DuDIex Lots
The haxinun 'heiqht shall be 33 fEet for a sloping roof and
30 feet for a flat or r$ansard roof.
Area D. GIen LYon conhercial site
548 of the roof sha]l have a height betlteen 32 and 40 f,eet.
464 of the roof area shalI have a height under 32 f,eet. on
the perineter of the buildings for Area D' heiEht is
heasured fron finished grade uP to any point of the roof'
on the interior area of any bu1lding, hcight is measured
from existing grade uP to the highest point of the roof,'
Developnent plan drawings shall eonstitute the height "\
allowances for Area D. I
18.46.].60 Coverage
In Areas A and Bf no nore than 359 of the total site area shall
be covered by buildings, provided, if any portion of, the area is
developed as an institutional .or educati-onal center. 45? of the
area may be covered. In .Area c, no more than 25* of the total
site area shaLl be covered by buildings, unless the roore
. lestrictive standards of, chapter 18.59 of tne vait Uunicipai
code apply. In Area D, no nore than 38t of the total' site area
shall be covered by buildings and the parking structure.
I
D.
tf)
L8.46.L t frh At least the following proportions o e tobal develoPilent area
shall be landscaped as provided in the d€veloPnent Plan' This
shall include retention of natural landscaPe' if appropriate'
Areas A and 8. fifty percent, and in Areas c and D, sixty
percent, of the area shall be landscaped'b
18.{6.180 Parkinq and Loadino
A. Area A. CaBca!e-\t!-&gg
1. off-street parhing shall be provided !n accordance
' vith chapter 18.5?' excep| that 758 of the requireC
parking in Area A shall be located within a parking
structure or buildings. If, the developnent table in
section 18,46'103 i9 anended. the parking requirernents
shal1 be arnended aecording).Y.
There shal1 be a nininun of 421 spaces in the nain
cascade CIub parking structure and a rninir,rutn of 12 2
underground spaces in the waterf,ord structure.
The cascade and $aterford parking structures shall be
considered to be one parking structure for the
purposes of calculating the rnixed use credit for
parking spaces. Eoth parking structures shall be
hanaged as one entity' A 17.5 Percent nixed use
credit per the Town of vail parkinq code. section
:.8.32.20 has been applied to the total nunber of,
requited parking spaces cornbined in the cascade and
waterford structures. Alternative dev€loPment plans
or scenarios vhlctr require addilional structured
parking shall require an exPansion of the waterford
parking structure below ground leve1.
The third floor of 'the cascade parking structure shall
not be used to meet any parking reguirenents for
acconmodation units, transient residential dveLling
units, enptoyee dwelling units or dwelllng units.
phasing: AII required Parlcing f,or cornerstone,
.Waterf,ord, Hillrace Iv Scenario 2 (32 A.U.'sl , and the
.'
3.
i
5E
8A
<g r-
4H
.'.to Yql
l
4.
5.
2L
cascade club wellnest a#"t Addit ion scenario I shall
be provided in the cascade or Waterford parhing
structures. At the tir0e a building Perrait aPFlication I
is subrnitted to the Town of vail coBmunity DeveloPnent -
Department for the waterford buildinE and parking
<ir!r.t-r'tro . the developer shal} be feguired to rnake a
final decision as to which developnrent Ecenarios shall
be used for the CornerEtone, Waterf,ord, I{illrace IV
and the cascade club addition. A ternporary
' certificate of, occupancy shall not be released for any
portion of the cornerstone, waterford, ltillrace Iv
Scenario 2 (32 A.U.'s) or Cascade CIub l{ellness
addition, scenario 1 which relies on reguired par!:ing
being p.rovided in the waterford parking structure I
until the waterford parking structure has received a
ternporary certificate of occupancy from the foun of
Vail Building Department.
5. Seventy-five percent of the required parking shall be
located within the nain building or buildings anc
hidden frorn public vieu fron adJoining properties
within a landscaped bern for westhaven condonin j.ues.
Millrace IfI, and Millrace Iv scenario 1.
?. AIt loadinq and delivery shalJ. be located uithin
buildings or as approved i.n the development plan.
B. Area B, coldstream Condoninigns i
Fifty percent of the required parklng shall be located
wlthln the rnain building or buildings and hidden froro
public view from adjoining properties wlthln a landscaped
beran.
C. Area C, GIen tyon lUplCtc--lels
Off-street parking Ehall be Provided in accordance nith
Chapter 18.52.
D. AEea D, clen Lvon CoRnercial Site
t. 1oB parking spaces shaLl be provided on-site accordinE
.to the approved Area D developrnent plan.
-/
2?
(
z. rr.. pattg and access to Area D shaLl olno"unno
per the TDA Parking Report, pages 6 and 7, August
Lo, 1988, by the owner of the property.
3. No loading shaLl be alloned on the public right-
of-uay along the south Frontage Road adjacent to
the Area D develoPnent.
4. The owner of the property and brewery management
shall prohibi.t seni-truck and trailer truck
traff,ic to the Glen Lyon Comrnercial site. The
only trucl< ).oading that shal1 be allowed to the
site shall be vans having a maxinum length of, 22
feet.
18.46.f9o Recreation Arnenities Tax Assessed
The recEeational anenities tax due for the development
vithin sD4 under chapter 3.20 shall be assessed at a rate
not to elcceed tnenty-five cents per square foot of the
floor are in Developnent Area A; and at a tate not to
exceed fifty cents per square foot of GRFA in Developrfient,
.Lrea B; and at a rate not to exceed fifteen cents per
square foot of GRFA in Developnent Area ci and at a rate
not to exceed seventy-five ceDts per square foot, of floor
area in Developnent Area Di and shall be paid in
oonjunction with each construction Phase prior to the
issuance of building Ferlnits.
18.{6.2O0 gons€rvaEion and Pollutio''l Controls
A. T}re developer's drainage plan shaIl include a provision for
,, Frevention of, pollution from surface runoff.
B, Ebe developer shall incluae in the building construction,
enerEil' and $ater congerrration controls as general
technology exists at the tine of construction.
C. fhe nunber of, fireplaces permitted shall be as set forth in
Section 8.28.030 of the Town of Vail Municipal code as
amended.
" D. If fireplaces are provided uithin the deveLopnent, they
[uat be heat ef,ficient through the use of glass enclosures
and heat circulating alevices as technology exists at the
tine of AeveloPnent.
G.
tl ort water features e,ithin o"t.to"t Area A shall have
overflow storn drains per the recomnendation of, the
Environnentrl Inpact Report by Janar Issociates on Page
AtI parkinq structures shaIl have pollution controf devices
to prevent oi.l and dirt fro:n draining into Gore creek'
In Area D, a nanhole on the breuery sertice line shall be
provided so that the Upper Eagle valley Consolidated
Sanitation District may monitor BoD strength'
In Area D, the bretrery managenent sha1J. not oPerate the
brewery process during tenperature inversions' ft sha1I be
the breuery owner's responsibility to rdonitor lnversicns'
All trash compactors and trash storage areas shall be
cotnp:.etely encf,osed $ithin Speeial DeveloPnent District 4 '
Protective neasures shalL be used during construction to
prevent. soil erosion into Gore Creek, particularly l,hen
construction occurs in Areas A and D'
)
Developnent District No. 4.
The devetoper shall provide or work uitb the Toutn to
provide adequate private transportation se:rrices to the
owners and guests so as to transport then froR the
development to the Village core area and Lionshead area as
outlined in the approved develoPmen! plan'
Developer shall provide in lts approved development plan a
bus shelter of a design and location nutualLy agreeable to
developer and Toun Councll. Said shelter to serve the area
generally.
Area A. cascade village
1. The developer shall be responsible for providinq a
break-away bollard for the eBergency access road
between Eagle Pointe and l{esthaven Drive. The design '
of the bollard shall be nutually acceptable to the
developer and Town of Vail. This inprovevoent shall be
.construcled nhen a bui)'ding pennit is requested for -l
I.
a
18.46-210
El.
c,
the Carnerstone, !'lillracc fII, i'lj.llrace Ir/, i'Iesthaven
Condorniniuras, waterford bulldings , or Cascade club ./---"-. .,,
additlon. The bollard shall be included in the pernit
pIans. Tbe bollard shatl be constructed subsequent to
' the issuance of a building perrrit and prior to the
lssuancE of a temporary cert:ficate of occupancy for
the Cornerstcne, MiIlrace III, Millrace IV, ltesthaven
Condoniniunrs ' waterford buildings, or cascade ctub
addigion.
?. The developer shall construct a sidevalk that begins
at the entrance to the cascade club along l'testhaven
Drive and extends to the r,rest in front of the
ltesthaven building to connect with the recreatlonal
path to Donovan Park. The waLk shall be construc-'ed
, when a building permit is requested for I'lesthaven
Condorniniums, The sidewalk shall be part of the
building Pennit p1ans. The sidewalk shall be
constructecl subsequent to the issuance of a building
, pernit and prior to the issuance of a tenporary
certif,icate of, occuFanclt for Iltesthaven condoniniuns.
3. The develoPer shall provide loo year flood plain
lnforination for the area adjacent to the l'taterf,ord and
cornerstone buildings to ine Toun of vail connunity
Dev€lopnent Departhent before bui'lding permits are
released for either Proj ect.
4. The conditions for Area A in sections 18.46.020 B'
18.46.180 A.l-?, 18.46.200 c, E, r, I' J, 18.45.210 C'
1-3r and 18.46'220 shall be set forth in restrictive
eovenants subj eit to the approval of the Totatn Attorney
and once so approved sball be recorded on the land
records of Eagle County. trhe developer shalL be
responsible for subnitting the ltritten . condit'ions to
the Tor,ln Attorney uithin 30 days af,ter the Town
Council's final approval of the SDD ordinance.
(
I
25
Area D, Glen Lvon cornmerclal site
The developer shal1 agree to construct a bus LANE Per
Tosn of vail standards fN THE AREA oF THE PORTE-
cocHERE oF TIIE UfCROBREI€RY in Area D' The speclfic
location for the bus LANE shall be nutually agreed to
by the. Area D o$tner and/or developer, colorado
Division of, HiEhways, and Tosn of VaiL' The bus i'ANE
' shall be constructed subsequent to the issuance of, a
building permit and prior to tbe issuance of a
tenporary certificate of occupancy for either the
brewery addition, office expansion, east office
building, or parking stncture. THE DEVEI,oPER AND/oR
THE NFW BUS I,ANE, JNCITIDTNG SNOW REMOVAI]. TF T$E I'ANE
XS NOT I.{AINTAINED PROPERLY OR SNOW REMOVAT IS NOT
SITE.
The developer shall reLocate the existing bike Path on
Area D and provide a ner,, bike path easenent across the
GLen Lyon property and CDoH property per the
developr0ent plan for Area D. the bike path shall be
constructed per Tortn of vail standards- The bike path
shall be constructed subsequent to the issuance of a
building permit and prior to the issuance of a
temporary certificate of occupancy for either the
brelrery aitdition, office expansion, east off,ice
building' or parking structure. such tenporary
certl.ficate of, occupancies shall be conditional upon
construction of the bike path provided for herein.
THE BTKE PAfH EASE}IENT S1IALIJ BE BEPI'ATTED AND APPROVAIJ
OBTATNED FROI.T THE TO}JN COUNCIL PRIOR TO THE ISSUANCE
OF A TEI.{PORARY CES,TIFICAIE OT OCCUFANCY FOR EITHER THE
BREWERY ADDITION. OFFICE EXPANSION. EAST OFI'ICE
SUTLDING OR PARKING STRUCruRE.
The developer shall underground the electrical
utillties along the north slde of the GIen Lyon
2.
Ou
propertY fron the northvest corner of the FroPerty to
the northeast corner of the property. This utility
vork shall be constructed subsequent to the issuance
of, a building pernit and prior to the issuance of a
tenporary certif,icate of occupancy for the brewery
additLon, off,ice expansion, east of,fice building, or
lrarkinE structure.
The developer shall be responsible for r€,Iosating the
20 foot utility easement on the uestern portion of
Developrnent Area D as uell as obtaining approval from
tbe Tol.'n of, Vail for the relocated utility easer0ent
before a bullding perrnlt is released for the micro-
brewery addltion.
lhe devel.oper of the Glen Lyon office property shall
not file any rernonstrance or protest against the
f,omation of a loca1 irnprovernent district of, other
f,inancing rnechanisn approved by the vail Toun Council
which may be established for the purpose of building
road improvements for the south Frontage Road.
The developer shaLl provide a fire hydrant per Town of,
vail Fire Departnent reguirernents on the northirest
portion of the property. The specific location for
the f,ire hydrant shall be approved by the Vail Fire
Departxflent. The fire hydrant shal1 be provided
subsequent tq ttre issuance of a buildl-ng permit and
prior to the issuance of a terflForary certif,icat,e of
occupancy f,or the brewery addition, office expansion,
€ast office building, or paEking structure.
THE DE4r'EIOPER STIATT CONSTRIJCT A DECELERATTON I,ANE
}IONG SOT]IIH FROI{TAGE ROAD FER THE CDOH ACCESS PERMTT.
The eonditions for Area D in Sect,ions 18.40.180 D,
18.46.200 C, F, G, H, I. J, 18.46.210 D, 1-7, and
18.i15.?20 sball be set forth in restrictive covenants
4.
5.
I t*
6.
7.
(
8.
..ti'
--II
-U subject to the aPproval of, the Tol'tn Attorney and once
so apProved shall he recorded on the land records of
Eag1e county. The developer shall be responsible for
subrnittinE the rritten conditions to the Toltn Attorney
FOR APPROVAL BEFQRE A BUILDTNG PERT TT SHALT BE TSSI]ED
qoR THE MXCRO-BREWERY, OFFTCE EXPANSTON ' EAST 0FFTCE
BUILDING, OR PARKING STRUCTURE.
9. rHE ltrNoR quBprvrsroN FoR AREA D SHALL BE DEVqtOpED
PER TIIE FOLIOWTFG CONDTTTONS:
a. THE DEVELoP!{ENT oF PARCELS A' B, c, AND D, sHALt
BE LIIfITED TO THE SDD 4 DEVEIOPMENT PI,AN AND
GOVERNED BY THE SDD 4 ORDINANCE AS APPROVED BY
THE TOWN AF VAIL A}ID ON FILE WITH THE DEPARTMENT
OF COUMiTNITY DSVEI.OPMENT OR AS AMENDED AND
APPROVED BY THE COMUUNITY DSVELOPMENT DEPARTMENT,
PI,ANIIING AND EI'IVIRONMENTAL COMMTSSION , AND,/OR TH.E
VAIL TOWN COUNCIL
b. TTTE MINOR SUBDIVTSION PI.AT SHALL INCLUDE A
STATEIENT THAT DEVELOPMENT OF THE FOUR PARCELS
SHALL EE GOVERNED BY THE APPROVED SDD 4
DEVELOPMENT PLAN FOR AREA D AND GOVERNTNG
ORDINANCES .
c. THE COUUUNITY DEVELOPI,IENT DEPART}IENT AND TOI.IN OF
VATI, ATTORNEY SHALT HAVX THE RIGHT TO REVTEW AND
REOUTRE CHANGES IN ANY 'IAGREE},IENfS OT TEEA}ITS IN
COMMONII . IICONVEYANCE OF EASET.IENT AND PARTY WALL
AGREET,IENTST', AND ANY OTHER EASEMENT OR OWNERSHIP
AGREEMENTS RELATbD TO THE DEVELOPMENT OF PARCELS
A. B. C, AND D TO ENSI'RE THAT THE FOUR PARCEI,S
ARE DEVEI,OPED PER THE APPROVED DEVEI.OPMENT PLAN
IN SDD 4 ORDINANCE.
d. THE DEVEIOPER SHALL BE RESPONSIBTE FOR REPI,ATTING
THE 20 FOOT UTILTTY E.ASEI{ENT ON THE WESTERN
PORTION OF DEVELOPMENT AREA D AS WELI AS
OBTAXNING APPROVAI FROI4 THE TOWN OF VATL FOR THE
HEW UTTLITY EASEMENT BEFORE THE UTNOR SUBDIVISION
. PLAT IS RECORDED.
e.
to
ANY lroDfffCATIONS oR A ENDMENTS TO TLE I'lltlor{
(-- ;
PROCEIUEES OUjILINED IN SECSION 18'40 OF THE sol'lN
oP vArL zo$rNc gooE '
f. THE CONDTTTONS TER THE I{I}TbR SUBDIVTSTON TN
SECTION 18.46-210 D9 A, C, AND E, SqILL BE sET
. FoRTE rN RESTRTCTM COVENANTS SUBJECT TO TH!,
APPROVAL OF THE TgIIN ATTORNEJ AND*ONCE SO
APPROV€D SHALL BE RECORDED ON THE I,AND RECORD5 OF
EAGLE COUNTY. THE DEVELOPER SIlAr,rr BE RESSoNSTBLE
OR SUB}ITTTING THE \'IRITTEN COND:TIONS TO THE TOI'TE
ATIORNEy BEFORE THE MrNOR SUBDIVTSTON r5 RECORDED
oN tLE _LANp RECORDS OF EAGLE COUNTY.
18.{6.220 EnPlgyee
"
flousinq
The developrnent of SDD 4 ltilI have lnpacts on available enployee
housing tlithin the UpFer Eagle Valley area. fn order to help
raeet this additional enployee housing need, the develoPer(s) of
Areas A and D shall provide ernPloyee housing on site' The
develop€r(s) of Areas A and D sball build a nininun of 10
enPloyee dr,relling units within either AEea A llesthaven
condorniniun buildinE or Area A westhaven condorninium Building
and Ar€a D Eas! building. Each enployee dr"relling unit shall
haveaninimutisquarefootageot64Ssquarefeet.TheGRFAand
nunber of employee units sbalt not be counted toetard allowable
density or GRFA for SDA. The GRFA and nuElber of enployee
d$elling units sltal-l be regtricted as enployee dwelling units
f,or 30 years plus the lif,e of ?iffany christine Loltenthal from
thedatgoffinatcertificateofoccupancyforsaidunits.tbe
entrtlol,ee dwelling unit 6ha1l not be leased or rented f,or any
period of less than 30 consecutive days, and that if rented, it
shatl be rented only to tenants l,ho are ful'l tine enployees in
tbe Upper Eagle vaLley. The Upper Eagle valley shall be deemed
te. lnclude the Gore vaIley' llinturn, Red cliff, Gilnan. Eagle-
VaiI, and Avon and their surrounding areas' A full titne
eDplayee is a person $ho uorks an average of 30 hours per week'
If a unit is'sold, it shalI be sold only to a fult tfune enployee
f t*
in the upper Eagre t"". The ok'ner sha)'r occupy tni,,,'t ot
laaser/rent as Per the requirements in this section' The
enployee dlrel]ing unit shall not be divided into any form of
tirreshares, interval ownership, or fractional f,ee oranership. A
daclaration of covenants and restrictions shall be filed on
record in the office of the Eag1e county clerk and Recorder in a
forur approved by the To$n Atlorney for the benefit of, the Town
to en3ure tbat the restrictions herein shall run with the land
befere a building pernit is released for the construction of the
enployee units.
18.46. !30 Tine Reguirernents
SD4 shatl be governed by the procedures outlined in Section
18.40.120 of the folrn of vail Municipal code-
Section 4.
If any pa*. E€ctlon, subsection, genlence, clause or phrase of this
otrdinanee is for any reason held to be invalid' such decision shall
hot af,feet the validity of the renainlng portions of this ordinancet
and the Town councit hereby declares it l'ould have passed this
ordinance, and each part, section, subsection, sentence, cJ.ause or
phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences ' clauses or phrases be decLared
invafid.
Section 5.
The r€P€aI or the repeal and re-enactlrent of any provisions of the
vail Municlpal Code as provided in this ordinance shal1 not affect
anY right vhich has accrued, any duty iroposed, any violation that
occutred prior to the effective date hereof, any prosecution
eonnenc€d, nor any other action or proceeding as comrnenced under or
by virtue of, the proviElon repealed or rePealed and reenacted. The
repea!, of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated
herein.
I
1
lG |.{ IIJ {{t s&
{}1-ri ur .LFt \6
J.(.{(3
i
I
i
rNrRoDucED, F.EAD AND PASSED ON FIRST RSADING TIIIS
' June , 1989, and a public hearinE shall be
ordinance on the 6th datf of June , l9g9
council Charflbers of the Vail Municipal Building,
Ordered published in full this 6rh _ day of
ATTE5T T
INTRODUCED, READ AND
Town cLerk
.TPPR,OVED ON SECOND
6rh day of
held on tbis
at 7:3O p.n. in
Vai1, Colorado.
,1999.
Mayor
READING AND ORDERED IJL'ALISHED
.1989,hv t{ tle onlv this zottt 63y of,
ATTEST:
Town CLerlc
."1:' cfl G*"S r5 t
vail-Rose
A palt of the
Township'5 South, Ringe follorvs:
l-.\l I t-l:t I .t
KOELIEL PROPERTY
DEVELOFi.IE:IT AREA A
\
L?.3?0 a --:s
SI.l I,/4 NE 1,/4 of Section 12,
81 t'lest of the 6t,h p..t., desc:lbed as
F Beginning at a point on the ttest line of said SIt lrl1
NE trl4 from which the North one-quarter corner of, said Sec+,ion
bears Nor:h 0oI5' East 2269.48 feet; thence Nor:h Oo15' East,along said West tine, 152.36 feet to a poi;rt on the Southeaste:ly right of way line of U.S. Highway tto. 6; thencc, along said Southeasierly right oi way ]ine, as foll.orvs:
North 52o2?' East, 102.31 feet;' Norrh 490ZC' East,, 519,57;feei; anC Norrh 48013' East, 549.09 feet, more or fess, to a point
on the North line of said Sr{ l,/4 NE I/4; ihen"e North Eio33' '
East, along the Nor'-h line of said SI.l 1,/4 NE, 36S feet, more or less, to a point on the centerL:ne of Gore Cr:ek; thencer along the centerLine of Gore Creek, as follor,rs r
South 360.!9' I{es'., 10I-04 f,ee+-;
South l8o2Ir l.iest,. 54.08 f ee+-;
South Io24' I.tes.., 205.02 feet.;
South 12010 | I.Iest, Il0. 25 r-eet; and
South 28041t h'esr, 242.35 feet, thence South ?So15'
Wes-,, 1064.I0 feet to the point of beginn:ng.
Rose Parcel ? I qn 5^?ac
l
)
A trac-- of lanC siiu:ted in the SIikNEk of, Secf,ion 13,TF 5 S., R, 81 l{., of the 5th P.il., I:ring Southerl:/ of, that certfin t=act of land describe<i in Eook I99, Page 197, Northerlv and r.fesierly of the cen'-er line of Gore Cree!:, anri lying noltherly and Easterly of those certain tracts describeC in Booli 211 at paqe I06,
Book 2ll at Page 108 anC Book 215 at Page 355, desc=ibeci as follotrs:
Beginning at a point on the Nor--h-South ceni,er lLne of said Section 12 whence the Nori,h quarte! corner of said Section 12 bears N. 00oI5 | E. 2269,48 feet;
thence N. 75015' E. 346.25 feer, to the true point of beginning, said point being on the south line of that tract described in Book 199, Page 197 and which bears S. 09025' E. 2205-34 f,eer fron the North quarter corner of said Section 12;
thenCe N. ?5oL5' E. 71?.84 feeL along the Southerly ]'ine of that tract described in Book I99, Page 19? to the cenEer of, Gore Creek;
thence s. 28o41r W. 130.61 feel along the center line of said Creek;
thence S. 05024'30" E. 104.50 feet along the center line of said Creek;. thence S. 49029' !{. 95.50 feet along the center line of said creek;
- thence S. 22034' W. 124,47 feet along the center line of said creek t . thence S. 54000, t{. 119.34 feet aLong the center }lne of said Creek; to the Southeast corner of that iertain tract of land described in Book !II, page I08t thence N_ 33.JI6'30" I{. 140.t2 feet along the Easterly line of thae tracc described in Book At1 at page 16g,thence N- S?o42'30" r{. 169.88 feet irong i,he Nor'-heastcrly line "f^!I1! cracr described in Book-211 at page rog,thence N. 86u02'30" t{. 162.92-feec along ttre Hoitherly line of thosc tracrs described in Book 2lr ar page'ro8 sook-ltt -
at, Page 106 Eo a point;
thencc N- -32oS7'J0" i{. 76.08 feet along the Norrhcasrcrly line of. that tract described in Sooi ZIS at page 365, ro Ehe point of beginnino.
Countv of Eaqle and slatc of Col'orado. to wit:
A tract of land. iituatci in the s1'ttNEk of sectlon 12, To:rnship 5
South, Range sI I'Iest. of the 6Eh Principal ileridian, describcd
as folloss: Eeginning at a point on lhe North-Sourh centcr
line of said Section-12 whencc the North Quorter corner of saic
Section 12 bears North 00 degs. 15 mins. East 2:69.{8 feeti thence
North ?5 degs. 15 mins. East 345.26 feet; thence South 32 degs-
57 mins, 30 secs. East ?6.08 feet; thence South lt degs. 00 nins-
30 secs. west 279.99 feet to.a point in the center of Gore Creek;
thence North 50 degs. 32 mins. I'lest f11.31 feet along ihe cente:
Ilne of said creek; thence North 38 deqs. 40 mins. l'test 239.09 feet
along the center Line of said creek; thence south 76 degs.
35 mins. I{est 89..oL feet along the center line of said creek to a psint on the North-South center line of said section 12t ehence
North 00 degs. 15 mins. Eas-. 13.95 feet along the NoE--h-soulh
center line of, said Section 1: to the poi.nt of beginning.
GORE CP.EEJi .ISSCCIATSS PR,OPERTY
DEV=ioPltEllT ARi-\S B, C & D
l.a..r 1 nac.-.i -rt i ait.\
1.260 acles
1.5.820 ac:es
acres
along the SoutherLy right of,
along the Southerly line of
Tota 1
80.?00 I
I
le.r:P
R5 {DF
gE
ds
i
All tha'L part of, Section 12, Tor,:rship 5 sout.h. Range 8I ltest oi
the 6th P.i'l., described as follovs:
ALl that par'- of the N\NEt of Section 12, lying southerl'y of the
soutberLy right-of-1.ra:r line of U.s. Highltav No. 5 and Northerlv
of ihe sou:her.L:r line of said i,l!NEt, as shorr'n on the plat on f ile
in the office of the Eagi.e county CLerk and Recorder as Docrrnent
No.97489, described as follovrs:
EeEinning at the hightray survey nonument at the iBtersection of the
Southerly llne of said highlday and the EasteEly . line _ oi said
NfNEk, wience the Northeast corner of said Section L2 bears No=:h
0o03' !,lest 534. ?85 feet;
thence South ?3o26'30" West 1112-13 feee along the souiherly right
of wav line of said highwaY;
thenc6 south 7Oo34r west 125.10 feet along the Southerly right of,
wav line of said highwaY;
thEnce south 69025r West 100.00 feet
wav ll,nc of, said highrvaY;
th6nce south 55050' ltesL 100.00 feet
@
.said highttaY;'thence South 62o15r west 100.00 feet along the southerly' right of
wav line of said highwaY;
thlnce south 58040r west 100.00 feet along the southerll' right of
way line of said highwaY;
thlnce South 55005'-West 100.00 feet along the Southerly right of
wav line of said highvaY;
thi,nce south 5Io32'-west 100.00 feet along Ehe Southerly right of
wav line of said high\'ray;
th6nce South 47057' glest 232.58 feet along the Southerly righ: of,
way line of said highway to a point on lhe Southerly llne of said
NINEK;
thence North 88033r East 497.67 feet along the southerly line of
said NhNEt to tbe s6nE€r of the NEI of said Section lzt
thence North 88033t East 1379.35 fect along the Soulherly line of,
said NfNEb to the Southeast cotner of said NINEIt
ifrun." -ltoitfr Oo03r ?,tesc 760.95 feet along the Easterly llne of, sald
NINEk to its intcrsection $rith the Southerly line of, sard
highway, the poinE of beginning,
,: : "m*
@oo
r,t 'i3/
AND
All that part of the st'ilNEY of s€ction 12, lyinq Southerly. of
the centei of Gore Creek as shorln on the plat on EiLe in the
office of the Eag:le County Clerk and Recorder as Docut$ent No'
9?.199, de.sc:ibed as f ollows:
Bedinninq at the NoElheasi corner of said SI'ilNElt
th6nce s6uth 88033' I{est f31.67 f,eec to a point in the cenEer of,
said Creek;
therce south 40oo9r tfest 94-04 feet along the ccilter of saidl Craek:
thence south 18031' west 54.08 feet along the ccnter of sard cree-kt
thence south Io?{' west 205.02 feets along the ccnter of said craE:-r;
thence sou!.h I2e10' I{est 110.?5 feet al.ong the center oi said c=eel.i
thence soulh 28odlr l,test 320.00 feet:
thence South 5024'30" East, 1?0,00 feet along the center of sa.iC
creek ;thence soi'.h 27ooo'02" I.lesi, 95.24 feet along the cente= of Eaid
cte ek t thence South 54000' l.fesi 259.34 feet along the center of said
creek ;thence SoutX 65o3{' h'est 109.62 feet along ihe cente= of said
thence sou--h 6900.1 ' I'Ies t 186.13 feet along the center of s8id c=:ek;
thenee south 85025' l{es -,. 68.88 feet. along the cent.er oi sald craekt
thence llorih 7?o36t l{es! 25.95 feet alortg Lhe cenEe! of said c:eek;
thence Notth 50o32r l\'esi 199.19 feet along the cen:er ol saiC c:eeki
lhence Norih 3go40t Itesi 239.09 feet along the cenler of saii c:eek;
thence sou'-h 75o35r l'lesr 89.91 feet along the center of said c:3ek;
to a point on the I'testerl:/ lLne of said SI'itNEt t
thence South 0ot5' wesE 45I.90 feet to the cente! of, saiC Sec--icn 12;
therce North 89.02' East 1382.55 feet along the SoutherlSr line or-
saiC Srikf.iEk to the southeesi corner of said. SlikNEl t
thence North 0o06t East 1384.32 feet along the EasterJ-i' Iire oi said
SltlsNEl to the Nor',heasi co!:1e! of saiC slilrN5t, the poi:r-- o!-
beginning,
AND
The Mr'r:SE\ of Section 12, Toronship 5 South, Range gl i'lis t of tl:e
Arh D |!l .
AND
All that part of the sElNwk of section 12, Tounship 5 south, Range
8I l.test of the 6th P.!r., lying Southerll' o!- the Souiherly right of,
reay line of U. S. iligh";ay No. 6, as shor*n on the Plat on f il'e in the
ofiice of tha Eagle County Clerk and RecorCer as Doeument No. 9?489'
described as folLolrs !
Eeglnning at
thence south
said SEtNw!
highway;
thence North of way line
SEKNI{I;
the southeast corne! of said sEkNl{k;
89002' West 835.95 feet along the Southerly line of
to a po.ln! on the Southerly right of way line of saidl
52035, East 1057,0? feet along the SouLherly right
of, said highway to a point on the Easterly line of saidt
thence Soulh
SETNI{h to the
beginning;
ool5' west 628.2I
southeast corner
feet along the Easterly line of saidl of said SEkNI.lk , the point of
at page 545;
EXCEP1 THE FOI],OI{ING:
that part described in Eook 188
thac parts described in Book 191 at page 241;
thae part described in Book 203 at page 231;
.l lt l'lIilUTES
VAIL TOUl'l C0U|'ICIL MEETII'lG
JUNE 20. 19S9
7:30 P.l'{.
{ legutar meeting of.the Uail Town Council was held on Tuesday, June 20, 1989, at 7:30 p.m. in the Councii ChambeFs of the Vail Munlcipal Building.
MEI{BERS PRESENT:Kent Rose, Mayor
John Slevin, Mayor Pro Tem
€ri c Affel dt
Itli chae l Caci oppo
Merv Lapin
Gal I lrlahrl i ch-Lowenthal
Ton Stei nberg
None
Ron Phill ips, Town !{anager
Larry Eskwith, Town Attorney
Pam Brandneyer, Town Cl erk
uti
fr
dete
MEMBERS ABSENT:
TollN oFFICIALS PRESENT:
The flrst opd€r of business was an update by the coiorado Department of Health on the Eagle ltline clean-up. Dick Parchini, the on-site field officer of the D€Dartment of Health overseeing the construction on the mine, discussed the health and Environnental monitoring issues of the clean-up, After some discussion with Council, it was decided he would give anoth€r update at the July ll Evening
Meeti ng.
The next item was a consent agenda of the follovring itens:
1. 0rdinance No. 11, Series of 1989, second readlng, an ordlnance adding recreational amenities tax rates for new zone districts wiich have been forned-since the original ordinanEe was written.
The third item was OrdinancE f,ro. 13, serles of 1989,'second reading, an ordinance establishing the Booth FaFls Local Improven€nt District. The full*ittle wis--read by !'layor Rose. Lanfy Eskwith stated there was a problem, as there was a nel, insineer -
at Banner Associates, and he gave a different and higher estimate on the cosi. stan B€rryman c(rdimnted the i ten was going befone the Design Review Board tomorrow, and dependi ng on their requ.irements, the project could coit up to $50,000 more.- Stan stated the problems with the district were: 1) the Booth Falli t6wnnorne Association representatives wepe present and wanted to be included in the district; thii would re_quire the rork to go 500 more feet and would involve Forest service nequlrenenrs,and 2) that portion would have to be engineered and a cost estimate made. Mayor Rose said he uould rather table the item,'staff cou'ld put it out to uia, s""-ir fire price wou'ld be.acceptable to the property owners, and !o forward rrorn itrere. ,lacr Acuff conm€nted he was disappointed to hav€ come so fai and the engineers nake so large.a misiake; he wants to go forward wrth the original amount qioi.a.- 'f.."v
r€marked the Tor{n used the_€ngineer reconmende<l by the neighborhood, and what Jacl(wants.would take. longer unless the rown rvas willing to pic[ up the ilick. ih""" n""some discussion by council about why lt had to go io thl Desiin Review Board, ana nhsn the item would come back for the public heiring and secoid neaaing. ,lJi"v Gravin of the Booth Falls Tov',nhones gave an explanaiion Hhy the lg towihome-unl ts
t
l
.t
f
fiantod to be inciuded in the mttigation. Gall uahr'l ich-Lonenthal asked why thsy were not here earlier, and can the project be phased? Stan r"epl ied a secoid district could be formed. Susan Fritch gave some background infonnation on what had llappened up to this point-and how they were very intenested in fornlng a district,strn responded. Jack Acuff stated he nould llke the Booth Falls Tovniomes to oe
l-ncl uded. Lanrv felt it would be best to table this lten until the July 1g Evtning S:tig. . f,ferv Lapin made a motion to table the ordinance until July lS; 19S9, ),,hi;h
John Slevin seconded. At this ttme, Eric Affeldt comrented that aithe July Ig meeting, the Tounhomes would not be included, and he encouraged the group t6 start their. own proress. Larry lemarked he would help all he couli, Ron Fhlljips stated
{?sr !u! the _Town -woul d
_
take over the adrnlnistration of the special devei oirnent districts and notiflcation of ail propenty ofiners, so to take the burden oir tne pFoperty owners. Jeannine Hallenbeck lnitiated s6me discussion with councii over th€ upcoming process. It was clarified that staff would use the new cost estimatg,put.lt out to bid, and notify the property ownersl also, they wouid work r,ri th the enginoer on substantiating the cost. A vote was taken ind the motion p-assed unanimously 7-0.
The next order of buslness was 0rdinance o. 17, Series of J,989, finst reading,concerning the issuance of iocal inprovement bonds for the Booth creek Local Improvement District. llayor Rose read the futl ti e. A motion to approve'tne ordinance and schedule second reading. for the July 1g Evening iteeti ng'wai'made by ItLrv Lapin, and seconded by-Tom Steinberg- A vot; wa$ taken-and ttreiJiion-passeo unanimolsly 7-0. Er ic Affeldt comented he would support the motion, Uut wa!unconfortable with approvi ng blank figures.
The next agenda iten was Ordinance No. 14, Series of l9gg, first readino. an oFdinance rnaking supplemental appropriations from the Tolin of vail geneiil funo,crpltal proJects fund, real estate transfer tax fund, and vail rnar.kiti ng fund oi the 1989 budggt and financial plan, and authorizing the ixpenditures of sucF appropriations- The full title was read by l.layor Rose. Steve Barwick stated the ordinance had been revi ewed at the l{ork seision that afternoon, and thai rnoit w"""roll.forwards for plojects from 1988, 9200,000 ln the general fund wai tor-itre p*king stfucture,.and that this money was not to be spent, but by law had io oe shown as an_expenditure. tle noted 9rs0,000 was for the streamwal k, and 9414,000 was for street improvenents. There was much discussion by council ""sird{ng'iir".t improvements, costs, and the parking structure. filke cacioppo rai" i'*ition to approve the ordinance with amendments t0 eliminate g150,000'ion lfre streangiff<, ana elininate $1,500 for an acoustic wail ln the Library. ihere was no secono,-ana tne motion failed. Eric Affel dt made a motion to appro-ve the ondinance "ittr itre'e.xclusion of 9150,000 fop the strearmvalk, so the total wsuta le-$i.Oii5.iiei.'- e"it ltahr'lich-Lowenthat seconded. Ron phillips srated he would iit<e ;d;-;i-ih; i150,000 to stay in for design costs. There was much discussion by council, non, and'peter Patten regarding the strearft{al k money. Tom steinberg opp;s€d the removil oi the $150'000 for the streawal k. At thi; time, Eric mouitrii his rnotion io-ieiu" .n Ipl!! lot to.exce€d 910,000 for preli.nrinary srudies of.the striannJti, wniit, e"if seEonded.- Iqik€. cacloppo stated he did not feel it.was irecessery to priceed with the.study and $pehd the 910,000. A vote was taken and the motion pissea' s-e, -r{i tt mir"Cacioppo and Tom $teinberg opposingi
The sixth i tom was Ordinance.No. 16, series of 1999, finst reading, an ordinance vacating a portion of a cul-de-sac in Internountain, adjacent to [6t i, aioii r,Internountain subdivision. trlayor Rose read the ruti tiile or irre-oraiiaii.]' nl"r Pylmrn revlewed the drawi ngs oi the cul-de-sac and propcrty 1ines. tie ihin'revieweo the plens. and reasons why, staff recomrended approval . 'lterir Lapinlnoui i"rltion to approve- ths ordinance, rhich.was seconded by John slevin. There wii itJn iirn"discussion by counctl regarding the cost. A vote was taken an<l
-
the
-rnolioo-ia.r.o
uhanimously 7-0.
The hext orden of business was an appeal of the Design Review Board decision to
lpp.r.oyg !!!!ses to destglr details for the chester reiidence I ocated on Lot ig, etoct 1, Vail Villege First Filing. The appeal was made by l,t. Grant Ui.ltiams-iiaiicenr property .o{nep) - l'rayor Rose noted the process was t; discuss preciselv ;hii;""prescnt€d_ to th€ Oesign Revi€li Boapd and,nothing.rnore. Itern flur or t[e"i[ute, oyer & l'liller letter was the only item to be discussld. Larry Eskwi th ug"i"a,-.iiting stutz was dealing with the three other issues in Districl cou;i: fiiiiii,i prit,
and ,lay Peterson reviewad the plan approved by the DRB and cJmpareJ' trrii 'to' ih. no plans. Greg stutz remarkad the probrem was wlth thc des ign
-ihinge-oi"i'h" -ioor,
ano gavg details. There was much discussion by ,Jay anU ereg iegirdift ;;di;r;;,ith the roof tine. There was rhen some discussion-by iouniit aio iiiri ,igirii,ii"'ir,li
.t
'.
'i
o
Planning and Environmental Cofinissionts and 0esign
motionto uphold the DRB decision regarding chang€s
by ltlerv Lapin and seconded by John Slevin. A vote
6-1, vrith Mike Cacioppo opposlng.
The next item iyas certification of election judges for the July tl, 1999 special election. pam Bpandneyer remarked Kay chaney, Lee Senngtt, and Joan llorrii were the proposed elEction Judges- Merv Lapin made a notion to appFove the appointurent of
these election judges, which John Slevin seconded. A vote was taken &nd the motion passed unrninousiy 7-0.
Under.Citizen Participation, Gordon Pierce stated oven the last 30 years, he never
worked_.on a proJect that did not have changes. He wanted to apologize; ihings used to be "loose" and the staff has been working hard.to tighten thtnga.up: He ieels things are back in the right direction now. He steted. he was not trying to g6t aray with anything, and will work hard lrith staff so things 'l ike this do irot-happEn.
John_cogsneli discussed the subject of public.art, and encouraged council to support public art, Kristan Pritz noted she was working on an ordinanie now.
I'lerv Lapin. questloned where things stood on polnt of sale sales tax. Ron phillips
responded he would check on it,
Tom Steinberg questioned how the Donovan Park reseeding proJect was goins. Krlstan Pritz replied the vail valley Foundatlon was supposed to gei back to hep-regarding this; she was just waiting on their call. Ton also had a question regardini the -
snow dunp I and.
lli_ke cacioppo, stated he remarked at the ljork Session today the Town had gss0,o00 additional sales tax revenues, He asked busine$s owners io go before thi council and ask for the business license fee ordinance to be rescindid. There was some discussion by Council negarding the pros and cons of this.
John cogswel I noted he was glad to see the marketing going on, but was concerned about Front Range marketi ng.
There being no further business, the ne€ting nas edjourned at 11:25 p.m.'
Rovi eu Boerd's charges, A
on the Chester residence r|as made
was taken and the notion Dassed
Respectfully subnitted,
ATTEST:
i4inutes taken by Brenda Chesnan
-3-
t
o
ilIt{UTES
VAIL TOI,N COUI'ICIL IIEETING
JUI{E 6, 1989
7:30 P.]tl.
A regular neeting of the Vaj l Town Council was held on Tuesday, June 6, lgg9. ar 7:30 p.m. in the Council Chambers of the Vail l,lunicipal Buildins.
IIEMSERS PRESENTI Eri c Affeldt, Acting llayor
Mlchael Cac i oppo
f'4erv LaDin '0ai I ltahrl i ch-Lor+enthal
Ton Stei nberg
Kent Rose , I'layon
John Slevin, f,layor Pro Tem
Ron Phillips, Town ltlanager
Larny Eskwi th, Tolrn Attorney
Pam Brandmeyer, Town CI erk
iIEIIIBERS ABSEI{T:
TO}IN OFFICIALS PRESENT:
Gail tdahrl I ch-Lowenthal was not present at the tine the rneeti ng began.
The first itcm on the agenda was the approval of mi nutes of the May z and 16. 19g9 n€etings. There nas no discussion by council or the public. Tom iteinberq made a notlon t0 approve the minutes, and Mike cacioppo seconded. A vote Has takin and the motion passed unanimously 4-0.
The next order of business was 0rdinance o. 11, series of 19g9, first reading, an ordinance adding recreational amenities tax rates for new zone iistricts which-have
EgIr aqdeq since the original ordlnance was vrritten. Acting trlayor Affeldt rtad the title in full. Larny Eskwith explained the reasoning for the oidinance. t4i ke
Mol lica noted the first five zone distpicts shovn on the ordinance were the new additions. He then answered questions of councll- Tom steinberg made a motion to approv€ the ordinance, and l'lerv Lapin seconded. A vote was taken and the motion pas8ed unanimously 4-0.
_ ]- The devsloFment of parce:l's A, B, C, lnd D shal l be rnited to the SDO 4.Developinnt l:!9n a1d governed by the SDD 4 Oidhance as approved by the Tovrn of 'uail and on file with the Departrnent of connrun i ty Developirlnt or ai amendeJ ano
lppFovad by the _comnunity Devel opment Department, plannlirg and Environnenial Comrission, and/or the Uajl Town Council.
2. The mlnor subdivision plat shall include a Etatenent that devel opment of the four parcels shall be governed by the approved sDD 4 Devei opnent plan hor Area D and ordl nance 40.
. 9. The cormuni ty Devel opment Department and ro||n of vail Attorney shall have the right to review and require. charges in any "Agrements of tenants ii iormon,',
"conveyance of Easenent and Party Uail Agreenlntsn, and any ottrer iiie*;";-;;ounershi p -agreenents related to the development of parcels A, B, c, and D to ensure that the foun parcels are developed per the approved devel oprirenl pi"n .nu i6o q
0rdl nance.
4._ Any nodification or amendments to the ninor subd.ivision conditions of apploval agreement shall be-revjened as a nrajor anendment undef ttre proiedures outlined in Section 18.40 of the Tosm of Vaii zonins code.
5. The applicant shall be responsible for preparing the wording of these
agreormnts for review by the Planning staff and Town Attorney. The specific legal
wordlng must bE submltted before thE ninor subdivision 1s fecorded with the County.
The Toun of Uail shall recond the mlnor subdivision plat, however, it wiII be the
rEsponsibility of the developer to cover any fees for recording the plat.
Kristin stated the.PEC approved the p'l an by a vote of 4-1, uith Jim Viele
abstaining, She then revjewed the five SDD amendments. She cormented the
undergroundi ng of the utilities seemed to have been worked out; HoIy Cross reviewed
the plans again and decided it was possible to underground from th€ €ast end of
Caseade Ulllage to the east end of the clen Lyan prop€rty. Ted Huskey of Holy
Cross confi nmed her remerks, Kristan next discussed the bus stop. The plans-had
.changad so it hrould be located in front of the breweny instead of being faither w{rst, BubIic Horks was looking into the design and p1ans, and. Andlr Norrls uould be taklng responsibility for snow rernor{al. as yJel I as overai l naintenance of the bus lane. She then on lane and stainHell. Kristan
Krlstan and Andy ilorris answered
the staff recomendation was for
cri teri a used.
Kri stan noted
condJtion: The developer shall agree to of the porte cochere -to by the Area D
Town of Vai l
bus lane shall be constructed subsequent to the issuan
The specific design for the bus iane shall be mutually agreed
owner and/or the developer, Colorado Division of Highwayi, and The t and
She added
ffilding, or parklng structupe.wording to Section 18.45.?10 013: The developer and/or
Area 0 shal I be responsible fon maintainlng the new bus lane, including is not
0wn n0
the oPdinance and noted where the
questions
ng the undergrounding of utilitleE; tbey woul d
on the wording in
90 to the f ive
the cost; ai so, she
a notion to approve the g_[i ke Cacl oppo
The naxt order of business was Ordinance No. 13, Series of 1999, first reading, an ordinance estabiishing the Booth Falls Local Improvement District. Actlng ttrlayor Affeldt read the full title of the ordinance. Larry Eskwlth called stan Berryran,
Di rector of Publlc llorks/Transportati on as his first witness. stan was sworn-in 6y
Pam Bnandneyer. stan testified the ordinance was for the formation 0f a sDecial
lnprovement District for Booth Falls, and showed Council a map of the area'identifying the 25 property owners. He testified the district was being formed to instail a rockfal l mitigatlon device in the Booth Falls nelghborhood, aid that all pp{iperties on the map were located in a high hazard.zone. trea. He tesfified notices of the pi.rb:l i c hearing had beon mailed out lfay 23, 1989 to all of the property ooners. Stan then ravieued the map dnd plans uith ths Councli. He testified the total cost of. the District would be f335,000 for the property owners,and the Town of vail would be donating $20,000 toward engineering cost!. fie then -
nevl ewed the forrnula used to assess each property owner,i share.- Larry had his next witn€ss, Ron Phil1ips, Town Manager, swarn. Ron testified he had-received four wnitten protests and two letters in favor of the District. Larry's final rlitnsss, Gerald lrt'llliams, a registered clvil engineer, vras ${orn. Oerald testlfied he had been hired to study the rockfall mitigation and draw up plans so the hazard r+ould be reduced. Art Kleimer stated he was repnesenting the four ouners of hls lot who had fi led a protest, and explained why they were-against the district,
Gail llahrl i ch-Lovienthal arrived at this tlme.
Jeann{ne Hallenbeck reviewid the chronoloiical events over the last t}ro yeers. she statcd she was trying to address Art's concerns and explained'why she juit tranted to gct the job done. Mr. Pat Baker cofimented the process had bein ongiing for a long.time; he. owns property on both streets and vtanted both places pritecled; the area's been shown as being hazardous, and he wants to mitigate tt. 'Carol Acuff noted Jack Acuff could not attend, but he had written a letter to Ron phillips
(which had be€n copied and distributed to council). she explained it wis unirue that one area was more hazardous than the other, and asked ilick Lampinii to address c{fiments nade by Art Kleimer. she then neferred to the letter in support of the
lgn review
bns of Counci I . Afterward
-?-
district, and the ttlo major consldopations uere 1) I i felsafety, and 2) rernoval of the properties from the current hazard designation. Ned Glrathm€y renarked he nas in f.vor of the distrlct formation, but obJected to th€ apportionment methods.
Stan Eerryman responded it was difficult to arrive at a formula that nas fair to everyone, ick Lanpiris addfessed the risk factor, and that he could not assign
varying riEks; the risk factor Has fairly equal . Joe Tonnahil'l agreed the nltigttion needed to be done, but did not feel his property was in danger, though
he would have to pay. Ray Story then addressed the Council. He stated all the properties wepe in a high hazard area; the inap Art Kleimer referred to earlier was a prelininary nap only and not a finished ona. Since then engineering studies and final mps had been done. The engineer told them nitigation for the Booth Falls
Court street would be higher than for Katsos Rrinch Road because the Booth Falls
Court anea would nequire fill. He suggested they a1l do it together because the risk tras unknown; he might benefit from a nelghbor taking the brunt of the rfsk,'
but he Hould hel-p economically because the neighbor benefits.him. He stated Council agreed to only get involved for two things - if it was a l lfe/safety issut,
and not a noney issue; and if the engineer would certlfy the rockfall hazard mltigation so the area could be taken out of the high hazard eone, He did not want to erait for an inJury; he wanted to proceed. Byron Rose, a n€nber of the Board of 0lrectors of the l4ountai n School , stated they were very nuch in favor of the dl3trict. Art Klelmer asked that the Town cover the opEn space areas, to whtch
Acti ng_ ltlayor Affeldt responded _the Town -had designated 920,000. Larry Eskwith gave a legal opinion regardi ng the djstrict formation. Ella Knox supported the distnict. Jeannine Hallenbeck felt since only four out of 26 were negatlve about the assessment, the Council should go forward wlth the ordinance. Caiol Acuff
renarked she had been appointed secretary for the mailings to the owners, and noticeE of all rfiEetings lrent to. all 26 proFerty owneps. Joe Tonnahill felt he was being assessed twice, but would withdraw his protest if the assessment was refigured. After scme discussion by Council, Hlke Cacioppo made a motion to
approvs the ordinance, and ron steinberg seconded- Acting Mryor Affeldt felt since there were so few protests and l'lick Lampiris stated all $ere at equal risk, he felt confortable approving the district. A vote was taken and the motion passei
unanimousiy 5-0.
The fifth order of business was Resolution l,lo. 24, Seri€s of 1989, a resolution creating a t€nporapJ Town.of vail Marketing Advisory Board, Larr! Eskwith briefly explained why the resolution was drawn up, and noted a correction on 3,A..
changing the wording to read "three rnembers appointed by the Vail Town Council,',
Mlke cacioppo cormented the conrposition of the conmittei was unfair to only have three appoi ntees from the lown of Vail because of the anount of money Vail-ls providing. Gail l{ahrl i ch-Lowenthal renarked she did not disagree with Mike, but supported the spirit of cooperation that was so important to this marketins effort and it was healthier. ||lerv Lapin also stated the Uail Associates nembers irobably iive in Vai'l , and if problens did a'ise, Vail could withdraw some suppori in ttre future. Mike di sagreed and sti1l felt it was unfair. Torn steinberg'iid not feel it Has inEquitable because vail would receive the most from the narketinq efforts.Gail tlahpl i ch-Lononthal made a motion to approve the resolution, and rom-steinberg seconded, A vote nas takon and the motion Dassed 4;1, lrith l4ike Cacioppo opposing.
Th€ next iten yias Resolution No, 25, series of 1989, a resolution settinq the date for a special elsction to submit the question of the Town's participatio; in the Eagle county Television Transiator District. Larry Eskwith said this resolution lras drawn up just in case the Council wanted to set a date for the election.Aeting l4ayor.Affeldt Bxplained he was now comfortable brlnging the issu€ to a vote of rown residents. After some discussion, Tom steinberg cornninted he winted to wait to set a date until after council'|s meeting with Hiritage next Tuesday. After more dlscussion by counci'l , Mike cacioppo made i motion to aiprove ttre resitution.Gail l{ahr'l lch-Lowenthal seconded the motion. Acting Mayor niieldt agreed uith rom that the councll could wait, but felt it was not the iaigs issue soni thought, and therefone was comfortabl e with ietting it.go to a vote. l4i ke cacioppo iaaEa rre anted the cownunity to have the oppoptunliy to decide. A vote uas'laten ano ttre motion passed 4-1, v{ith Ton Steinberg opposlng.
t-ten seven on the agenda was an appeal of the Planning and Envl Fofiiental Corrnission decision on nevr tennis courts and tennis pro shop. llike Mollica stated counc calied this lssue up for revlew due to concerns over the sidewalk on ttre
-norttr
Eiae of the courts, the proposed Town of Vail bus stop layout, and the pavtng oi the parking lot, He then reviewed the plans, and the pEt conditions fbr apiroval:
-3-
ta 1. That spotlights be instalied on the eaves of the ppoposed building.
2. That the existing path south of the tennis courts be extended to the parking iot and be paved.
3. That condui t necessary for permanent lighting be installed at the time of
con3tFucti on.
4. That the parking lot be paved per previous approval
5, That a sidewalk be provided on the north side of the tennis courts.
He noted the reason the VMRD was not proceeding with all four tennis courts was the prohibitive cost at this point in tine, He stated staff recommended dpproval to the PEC because they felt the plahs were in conformance with the master plan and zoning on the property. There was sone discussion regardi ng the sidewalk on thE north side of the tennls courts. Tonr Steinberg suggested eiiminating the paved.
scction and the sidewal k for et least a y€ar, Ron Phillips also noted that as long as this area was being used as a snow dump, it would be better lf it renained unpaved. Ton Steinberg made a notion approving the project with a hold on the
requirement of providing-the sidewalk on the north side of the courts and paving of the parking lot until a final decision has been made on the con3truction oi the last two tennis courts. lrlerv Lapin seconded. A vote was teken and the notion passed unanimously 5-0.
There was no Cltizen Participation.
At this time, Ron Phillips asked Council to address the lssue of the July 4th Hork
Sessi.on and Even{ng Meeting scheduled. Since that Tuesday nould be a legal holiday, he suggested they cancel the l{onk session and poitpone the Evening Heeting untJl the noxt day or the following Tuesday, July 11. iorn lteinberg nade i motion-to hold the Evening Meeting the following Tuesday, July ll, which lilerv Lapin sEconded. A vote rvas taken and the motion passed unanimousty S-0,
Acti ng- Mayor Affeldt noted that at the uork session that afternoon councii approved a supplemental approprlation to the road construction funds. He stated a friend from out of town had cormented to him how surprised he was to find how well thlngs
worked here and hor{ well things were taken care of. Er-ic felt this nas refresh.iig point of view; somebody notlces.
Tom Steinberg asked why there uas only a Colonado flag and no U.S. flag on the
-Information Booth.flagpole, to which stan BerrJnnan reiponded they yrere walting on a largar flag and llghts before putting it up.
filike cacioppo remarked he was opposed to increasing the street funds because he felt the business tax should be repealed and sales tax revenu€ used for marketing instead of adding to the street funds. '
There being no further business, the meet,ing was adJourned at 10:00 p.m.
' Respectful ly submi tted,
ATTEST:
Ittinutes taken by Brenda Chesmah
-4-
/'\i O
Lqrlad!" V',l,i,aa4-
ogwNdrcn No. 40'
Series of L988
?***k
TII OBDTNANCE REPEATIITG AIID RE-ENACTING CI'APT8R
19.45 OF TI{E TOWN OF VATI, I.IUI{ICIPAL CODE,
SPECTAL DEVEIOPI{E}IT DISTRICT NO . 4 ' AND
.; SETTING FORTH DETAII,S IN REGARD f}IERETO.
WtlE .REAS, ValL Ventures, Ltd. and Glen Lyon off,ice BuildinE, a
CoJ"orado Partnership, have requ€.sted to amehd the existing Special
Development. Digtrict No. 4; and
WHEFD.AI', the amendments to Special Development District No. 4
ArehE A * D nlll ensure unified .and coordinated developnent and use
6f, tlre property as a lrhole and in a nanner suitable for tbe area in
uhich it is situated; and
I{HEREAS, the amendnents are necessary due to changes resulting
f,rom the constnrction of the Cascade chair lift, the conpletion of
the Westin Hotel. and the changing ruarket for real estate and guest
eervices vhich have aLl affected the overall master plan for speoial
Developnent No. 4; and
IIIIEREAS ' the planning and Environr.ental comnission has voted to
aFIrrWe ttre anendrnents to Special Developnent Districe No. 4 i and
}IIISRBAS, the To$n CounciL considers that it is reasonable,
appro;rriate, and beneficial to the Toun ancl its citizens,
intrabitants, and visitors to amend Special" DeveLop:lent Distrlct No.
4.
NOfl. T$ERETORE, Bg IT ORDAIITED By TltE TOWN COUNCIL OF THE TOI{N
oF vAu,. c€rrRADo, As roLlows!
geqf,io[ 1, .4r$endnent procedures Eulfi11ed, p].anninq con:oission
Report.
The approval procedures described in ctrapter 18.40 of the Vail
llunicipal cod.e have been fulf,irred, and the Town council has received
fire report of the PLanning and Environrnental corn:oLssion recotnmend.ing
approval of, the proposed developnent plan for Special DeveLopnent
District, No. 4.
,S€etion ?- SJecial Dev€lopnent Distriet No. 4
spesial DevelopEent Oistrict l{o. { and. the developEent plans
therefqrer are bereby approved f,or ttre developuent of SFFq++I .",i.j::i
Developuent Dlstrlct No, 4 withln the Toun of vail. '{''r "i&s
fr!'c 4n
3/4,1A 1
p
l \
Section 3.
ghapter 18.46 Special DeveloprBent District No. 4, caEcade Village. is
hereby ttBFealed and re-enacted with amendrnents to read as follows:
tr8.46.ol0 Purpose
:bgeciaf Development District No. 4 is established to ensure
conFrehBnglve development and use of an area in a roanner that
will. be harnonious with the general character of the Town,
provide adcquate open sFace and recreational anenities. and
pronote the objectives of the Town of VaiJ. cornprehensive Plan.
Specla]. DevelopDent District 1'lo. 4 is createCl to ensure that the
devalopment denEity will be relatively low and suitable for the
area and the vicinity ln which it is situated, the developnent
ie regarded as cornplernentary to the Tonn by the Tolrn Council and
tlre Plannlng csru0ission, and because there are significant
aFF€cts of the Special Development District which cannot be
satisfied througtl the inposition of standard zoning districts on
the area.
18.46.02o oefinitions
for the purposes of this chapter, the following def,initions
shall apply:
A. rrspecial attractionl shall be defined as a museun, seminar
or researctr center or perf,orrning arts theater or cultural
center'
B. rtfransient resldential dhtelling unit or restricted dwelling
'. unitrt shall be defined as a dwelling unit Located in a
nulti-f,anily dwelling that is nanagecl as a short tern
rental in vhieh all such units are operated urlder a single
management providing the occupants thereof custonary hotel
serviceg and facilities. A short term rentaL shall be
deemed to be a rental for a period of tihe not to exceed 31
days.Eachunitsha]'1notexceed645squarefeetofGRFA
which shatt include a kitchen having a maximum of 35 square
feet. The kitchen shal! be designed so that it nay be
Iocked and separated fron the rest of the unit in a cLoset.
A transi€nt dvellinE unit shall be accessible from connon
corridors, ualks' or balconies without passing throuqh
(a
another acconnodation unit, dwelling unit, or transient
recld€ntial. drell.ing unit. Should such units be developed
, as condoDind.uns, they sha1l be restricted as set, f,orth in
aection 17.26.075--IZ. A6. L2O governing condoninium
lr conversion. fhe unit shall not be used as a permanent
resid€nce. practional fee ownership shall not be al.loued
. to be. applied to transient dwelling units. For the
Furposes of detennining allolrable densily per acre,
transient residential dwelling units shall be counted as
, one half of, a dwelling unit. Ttre transient. rosidential
f,relling unit parking reguirenent shall be o.4 space
unit plus o.t space per each 1Oo square feet of GR!'A
nexihum of, 1.0 space per unit.
18.46.O30 Established
A. Special Development Dtstrict No. 4 Ls estabLished for the
development on a parcel of land conprLsing 9?.955 acres as
Eore particularly described in the attached Exhibit A.
SpecLal Development District No. 4 and the 92,955 acres may
be r€ferred to as {SD4.tl
S. lhe district ahalt consist of four separate developrnent
areas, as identified in this ordinance consisting of the
foll.owing approxinate sizes:
per
vith a
A.r€a Knoffn As
Cascade Yll-laEe
coldstrsan' CondoninS.uns
Glen tygn lhrplex Lots
Glen &ysn CoreerciaL Site
Dediaated opcn space
Roads
Development Areg
A
B
c
ecreage
17,955
4.O
29.10
1.8
40.4
4.7
97.955
L8. 46. O{0 gevelopnent Plan--Reouired--AbprovaL procedure
A. Eacb developlrent area with the exception of Development
Ar6as A and D shatl be subject to a single development
p1an. Developnent Area A sha].l- bc allowed to have t$o
de\relopnent plans for the Haterford, Cornerstone, IrlilLrace
(
IV and Cascade club Eites as approved by the Town council'
Developnent Area D shall be allowed to have 2 developr0ent
p1a.n6 as approved by the Town council. The developer shall
have the rlght to proceed with either one of the
:p developne4t plans or Ecenari.os as defined in Section
18.45.103 B-r'.
B. Abendnents to sD4 shall comply with the Procedures outlined
in sectiolr 18.40.
C. Each phas@ of developnent sha]1 require, prior to issuance
of building perurits, approval of tbe Design Revj-ew Board in
accordanca uith applicable provisions of chapter 18'52'
18. 46. 050 Pemitgl, Uses
A. Area A, eascade villa<te
1. First floor connersial uses.shall be linited to uses
Iisted in 16.?4.030 A-c. The trf,irst floorrr or rrstreet
levelr! shall be defined as that floor of, the building
that is located at grade or street level'
z. All other floor levels besi.des first floor or street
level rnay include retail, theatre, Eestaurant, and
office except that no professional or business office
shall be located on street level or first floor (as
defined in section 18.?4.o3o A of the Town of vail
zoning code in Area A) unless it is clearly accessory
to a lodge or educational institution except for an
of,fice space having a rnaxiroum square footage of 925
square feet located on the f,irst fLoor on the
' norLhwest corner of the Plaza conference center
building.
3. Lodge
4. Multi-fanily duelling
5. Transient resldential dwelling unit
6. Enployee dwelling' as defined in section 18'46'220'
7. cagcade club aclclition of a lap pool or gynrnasiun
i
B. Area B, Coldstrean condominiuns
f. *"*"t* tr.tt*t
e. l.tu1tj.-fanily dwelling
C. Area C, Glen Lvon DuDlex L,ots
i 1. single fa:nily dvelring
2. Tlto-fanily dwelling
D. AreLD, Glen_Irvon Cohnercial Site
r, Retail
2. Restaurant and bar
3. Business and professionaL offices
rl . Uulti-faloily dwelling
5. Eroployee duelling as defined in section 1g-46.220
18.46,060 Conditional Uses
Conditional uses shal.l be reviewed per the procedures as
outLined in Chapter 18.60 of, the Tor''n of vail zoning cocle.
A. Area A. Cascade Villa<rg
1. Cascade Club addltion of a lrellness center hot to
exceed 4,500 square f,eet.
2. Fractional fee or.rnership as defined in the Tonrn of
Vai! Uunicipal code, Section 18.04.135 shall be a
conditional use for dwelling units in the westhaven
nulti-fanily dwellinqs. Fractional. fee ounership
shall not be applied to restricted enployee dwelling
units or transient residential duelling units,
ownership intervals shall not be less than five
veeks.
3.. special attraction
4. Ski lifts
5. Public park and recreational facilities
6. MaJor arcades with no frontage on any public uay,
street, walkr'ray or maLl area.
B. Arga B, cold6trean condominiuns
L. Fublic park and recrea'tional facilities
2. ski 1if,ts
E t- l!
Hb (pts
ES
6E
-Area C, Glen Lvon Duplex Lots c.
e
'^'
:l D.
1. Public park and recreational facilities
2. ski lifts
Area D, Glen Lyon Cornnercial Site
1. llicro-bre$ery as defined in Town of Vail Uunicipal
code, sectlon 18.04.253.
18.46.070 Aceessorv uses
A. Area A, cascade villaqe
1. Minor arcade.
2, Home occupations, subj ect to issuance of a horne
occupation permit in accordance lrith the provisions of
Sections 18.58.130 through 18.58,190.
3. Attached garaltes or cartr'orts, private greenhouses,
swimrning pools, tennis courts, patios, or other
recreational facil-itids custonarily incidentaL to
pernitted residential uses.
4. Other uses custornarily incidental and accessory to
permitted or conditional uses, and necessary for the
operation thereof.
5. Swinrning pools, tennis courts, patios or other
recreational tacilities custornarily lncidental to
peraitted or conditional uses, and necessary to the
operation thereof.
Area B, coldstream condoniniuns
1. Hone occupations, subj ect to issuance of a home
occupation pernit in accordance lrith the provislons of
. Sections 18.58.130 through 18.58.190.
2. Attached garages or carports, private greenhouses,
swinnring pools, tennls courts, patios, or other
recreational faciLlties custornarily incidental to
pe!"nitted residential uses.
3. other uses customarily incidental and accessory to
perritted or conditional uses, and necessary for the
. operation thereof.
4, Svinning poo1s, tennis eourts, patios or otl.er
B.
recreatio[al facilities customarily incidental to
pernitted or conditior,"a ul, and necessary to the
operation thereof.
c.
18.46.080
A.
D.
Area C, GIen Lyon DupLex Lots
t. Ilome occupations, subj ect to Lssuanse of a hone
the provisions of occupation per! it in accordance with
Sections 18.58.13O through 18,58.190.
2. Attached garages or carpotrts, private greenhouses,
swirorning pools, tennis courts, patios, or othet
recreational facilities customarily incidental to
pemitted residentiaL uses,
3. Other uses custonarily incidental and accessory to
perroitted or conditional uses, and necessary for the
operation thereof.
ALea D , GIeg lr:ron Connerglal S ite
1. llome occupations subject to issuance of a frohe
occupatLon penait in accordance with the provisions of,
sections 18.58. X30 through 18.58.1-9o.
2. Attached garages or carpod,s. private greenhouses.
slllnnLng pools, tennls courts, patios, or otlrer
recreatj.onal facilities customarily incidental to
pernitted residentLal uses.
3. Other uses custonarily lncidental and accessory to
permitted or eonditioDal uses, and necessary for Lhe
operatj.on thereof.
4 . I,(inor arcade.
Iocation of Business Activity
A1l offices, businesses, and services pernitted by Sections
18.46.050 through 18.45.070 shall be operated and conducted
entirely within a building, except for pernitted unencLosed
parking or loading areas; and the outdoor disptay of
$oods. ,
The area to be used for outdoor display must be located
directly in front of the establishsent dispJ-aying the goods
and entirely upon the establishment's or,{n property.
t!, tt rr fI
&&EIF
*q . :it q[fl
]J
l
B,
fiaewafxs,
building entrances alxitsr driveways and
streets shall not be obstructed by outdoor display,
18. 45. O9O Densitv--Dnelling units
.The number of cluelling units shaf,l not exceed the following:
Two hundred eighty-three point f,ive (283.5) dvell.ing units,
total uaxinurn vith a ninirnun of three hurdred thirty-eight
(338) accoromodation units or transLent residential dwelling
units anil a naxirnum of ninety-nine (99) dwelling units as
defined by the table in Section 18.46.103 A-D.
sixty-five (65) drtelling units
Scenario I shall allo!'' for three dwelling
which shall be enployee dwelling units as
tabLe in section 18.46.103F.
18 . .16. X00 DensitY--Floor Area
units, two of
defined by the
The gross residential floor area for aII buildings shall
not exceed 289,445 square feet, except that the total
naxinun GRFA shall not exceed 2921245 square feet if
Mi]-lrace Iv scenario 2 (32 A,U.'s) is constructed.
Sixty-five thousand square feet (65,000 s.f.) CRFA.
*nfa shall be calculated f or each lot per Section 18 . 13 . OgO
density congrol A and B for the prirnary/secondary district
of the Town of Vail rrunicipal code. No residential lot
shaf,l contain rnore than 4,200 square feet of GRFA per the
clen Lyon subdivision lo',r.n.rrtt .
sha1l allow for three dwelling units.
one-hundred four (104) dwelling units.
The gross
residential f,loor area for the
{
two employee dwellinqi units
A.
ive1y.
Eea A. cascade villaqe
Area A shall not exceed 56,538 square feet of cornnercial
area. Commercial uses include retaiJ., office, theater,
restaurant, uses listed in Section L8.46.O50 A-I, and the
special attraction uEe.
Area D. G].en Lyon commercial site
Area D shall not exceed 14,950 square feet of, office for
Scenario 7 ot L8,275 square feet of office for Scenario 2
per the approved developnent plans, The micro-brewery and
associated uses shal1 be constructed per the approved
devel oprnent p1an.
Developrnent statistics for Area A, cascade villaqe, and
Area D, Glen Lyon connercial site
B.
18.46.103
aa
$
ul,3 +(,!
u,
o
!t
o
1r630
F m
cl c
=r rrl 1 m E'
.9 .F
q c-r
m ct d
o
CJ
.r=o'J E=-
ta
{
.90 >z
c)Fi
UI E-{ (1 >;D >F c, r.,tr r< c'r (1
zc,9 6ri0m m
F
*rEFll I
r g * ? sH : g F .l .+ '.| Piq - vt ;..a t B ; : Fli .,, ,q :-5 E=it g16 s'c€
.Lr^+i f EE s
'l-l t lFr al3 alF
lE
t
!l
q,DABFE
ID
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for conmon area per the
ql Developnent controls
- Area t."
JAcres) 16 Du/Acre (-351
Priginal Parcel 15. 68
F Robbins Parcel L.23
Cosgriff Parcel 1. 045
3.7.955
?52 . O0
L9.68
16.72
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256 ,437
l_8 r 752
15,932
z9r,!2L
r. DEVELOP}TENT FOR AREA D, GLEN I,YON COMI''ERCTAL SITE
* Additional square
developnent Plan.
zr4oo 2. Glen LYon Office
2.8
t-4.7
13.3
1.5
o
0
700
7- ,7'l 4
1. 858
446
5, 600
415
3 . MICRO-BREI{ERY'L
OFFICE
BEER HALL
Brer Pub
Retaif,
Brev l{ouse
lluseun
4
2
9.6
1695
163 0
EAST BUILDING
Scenario 1
2 Enployee
Dwellings
1 Dwelling
orrIcE
5 t725
14.950
LX..793
of f ice l8,.275_
Brelr, LL,793
footage is allocated
B Nar aa fis
16l l_
._^N g6
fl dg
18.46. lO4 Dev$Iopment plans
fe specieic dteveloprnent plans ufnn"or.d for Area A and Area
D. The developnent plans for Area A are cotnprised of those
plans subrnitted by Vail Ventures. ttd. The development plans
Itor erea D are comprised of those plans subnitted by the Glen
L,yon Office Building, a Colorado partnership. The follolring
docunents conprise the development plan f,or each area:
Area A, Cascade VilLaqe:
1. Caseade Village Master Plan artd Building neight, Rona,
L0/ro/88.
2. Waterford and Cornerstone Floor plans, Rona, 1Ol10/88, p.
t -9.
3. Waterford and Cornerstone Sections, Rona, 1O/lO/88.
4. ?laterf,ord Landscape Plan, Rona. tO/tOr/gB.
5. l{aterford Sunmer Solstice, Rona, 10/10/88.
6. !{aterf,ord Site plan, Rona, Lo,/Iolg8,
?" Waterf,ord Elevations, Rona, 1ol10/gg.
8. Waterford Winter Sol,stice, Rona, 1.0/1OIBS.
9. Waterford East Elevation Height Analysis, Proma, g/Zt/ga.
10. Cornerstone Site Plan, Rona, 1ol10,/88.
11. Cornerstone Elevations, Roma, 1ol10,/gg, p. l-3.
L2. Cornerstone gun/ShaAe, 1Ol10/88.
13. Cascade Entry Rendering, Rona, IO/LO/gg.
14. Cascade Club Addition Site Plan, Rona, LO/L!/98.
15. Cascade CIub Floor PIan, Rona, L0l10/BB.
L6. llilllace Iv (32 A.U..s) plan, Rona, to/I|/gg.
L7. Millrace IV (32 A.U.ts) Floor Plans, Rona, IA1/LO/BB.
18. Survey, a part of Cascade viLlage, Eagle Va1ley
Engineering, Leland Lechne.r, 6/g/81 .
19. Site coverage Analysis, Eagle Valley Enqineering.
70/to/88.
20. Cascade village Special Development District Amendnent and
Environrnental fnpact Report: Pe.ter Jamar Associates, Inc.,
Revised LL/22/a8.
Area D, Glen Lyon cotnmercial site
vail Brer.rer, aorn.rr" "r*olfrra" slte Developnent Area
D ltaster PLan, Rona, LL/28/8e.
Vail Brewery Floor Plans, Roma, LL/Lo/8g.
vail Brewery Sections and Elevatlons, Roma, LL/Lo/aA, p. 1
and 2.
vaiJ. Brewery Height Study, Roma, LL/22/8A.
GIen Lyon earking Garag'e Floor Plans and site Plan, Rona,
LL/28/84.
6. Glen Lyon Parlclng Garage Sections,/Elevations ! Rona,
Lr/28/88.
Glen Lyon Condoninium, Rona, Ll/28/88.
GIen Lyon condornj.niun East Building. Rona. 11/28/88.
of,fiee Additlon to clen Lyon off,ice, Floor PLan, Rona,
tL/28/88.
10. Cascade Village Special Developnent District Amendment and.
Environnental rnpact Report: Peter Jamar Associateg, rnc.,
Revised tL/22/88.
18.45.1L0 Developnent standards
Ttre developnent standards set out in sections 18.46,120 through
18.46.180 are approved by the Town CouncLl- These standards
strall be incorporated into the approved development plan
pertinent to each development. area to protect the inteErity of
the deveLopnent of SD4. They are ninirniln development standards
and shall apply unless more restrictlve standards are
incorporated in the approved developnent plan which is adopted
by the .Town CounciL .
19.46.120 getbacks
A. Area A. cascade villaqe
Required setbacl$ shall be as indicated in each develop::..;nt
plan with a nininum setback on the periptrery of the
property of not l.ess than twenty f€et. ith the exception
that the sefback reguirement adjacent to the existing
Cascade parking structure/athletic club building shall be
two f,eet as approved on FebruaEy 8, 1982, by the Planning
2.
b.
4.
5.
8.
o
rat
and Environnental connission.all buildings shatl maintaln
a 50 foot stream setback from Gore Creek. The waterford
and comerstone buildings shall haintain a 20 foot setbaek
from the north edge of tlre recreatLonaL path along' 6ore
creek,
Area B. coldstream condonriniurns
Required setbacks shall be as indicated on the developnent
plan.
Area C, elen Lvon Duplex Lots
Required setbacks shall be governed by Section 18.13.060
Setbacks of the Prinary/Secondary zone district of, the To$n
of vail uunicipal code.
Area D, GIen Lvon Cornnercial Site
Required setbacks shaLl be as LndLcated on the approved
developrnent plans.
Heiqht
For the purposes of SD4 calculatl-ons of height, height
sha1l nean the distance rneasured vertically fron the
existing grade or finished grade (r'rhichever is nore
restrictive) , at any given point to the top of a flat roof,
or nanEard roof, or to the highest ridge line of a sloping
roof unless othenrise specified in approved deveLopnent
plan drawings.
AIea A, Cascade VilLaqe
1. The maximum height for the Westin Hotel, CMC Learning
. Center, Terrace lling, Plaza Conference BuildLng and
Cascade Parking Structure/Athlet.ic Club is 7l feet.
2. Cornerstone Buildinq: Maximwn height of 71 feet.
3, Watgrford Buildinq: Maxinum height of 48 feet as
Eeasured fron finished grade to any portion of the
roof al.ong the north elevation ($outh Frontage Road)
and west elevation (Westhaven Drive). A naxirnum height
. of 40 feet as measured from the lowest floor of the
parking structure to the roof eave is approved for the
18.46.140
A,
B.
c.
tc t. Ut .i! (L
8E €rF
9H
dfl
B.
l9
south and east, buif ainS $ations. A maxinum heigtrt
of 61 feet as measured froh the lowest floor of the
parking structure to the roof, ridge is approved for
the south and east building elevations.
Westhaven Buildinq: A naxLmun of 55 feet.
Millrace fII: A maximum of 48 feet.
Millrace fVr A naxinum of 48 feet.
Cascade glub eddition: A haxinun of, 26 f,eet.
Cascade Entry Tor{rer: A rnaxirnum of 3 6 feet.
The remainder of buildings 5.n Area A shall have a
maximum height of 48 feet,
sloping roof and
4.
5.
6.
7.
8.
9.
c. Area B. coldsLream condotniniurrE
The rnaxinum height shall be 48 feet.
D. Area C, GIen Lyon Duplex Lots
The naximun height shal1 be 33 feet f,or a
30 feet for a flat or nansard roof.
E. Area D, Glen tYon commercial Site
548 of the roof shal} have a height bet$reen 32 and 40 feet,
46? of tha roof area shall have a height under 32 feet. on
the perirneter of the buildings for Area D, height is
beasured f,rorn finished grade up to any poLnt of the roof.
On the interior area of any buLldi.nq, height Ls measured
f,rom existing grade up to the highest point of the roof,.
DeveLoplrent plan drawings shall constitute the height
:allowances for Area D.
18. tt 6. 160 coverage
In Areas A and B, no more than 35t of the total site area sha1l
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. In Area C, no nore than 258 of the total
site area strall be covered by.buildinqs, unless the nore
restrictive standards of chapter 78.69 oi the Vail Uunicipal
Cod€ apirly, In Area D, no rlore than 38* of the total site area
shall be covered by buildings and the parking structure.
zo
tl At least the f,ollouing FroportionE of the total development area
shall be lanilscaped as provided in the development p1an. This
shall j.nclude retention of natural Landlscape, if appropriate.L {Areas A and B, fif,by percent, and in Areas c and D, sixty
percent, of the area shall be landscaped. b
L8.46.:.80 Parkinq and Loadinq
A. Area A. Cascade vilLaqe
1. Off-street parking shaLL be provided in accordance
with Chapter 18.52, except that 7St of the required
parking in Area A shall be located within a parking
structure or buiJ.dings. If, the developnent tabl.e in
Section 18.45.103 is arnended, the parklng requirements
shall be amended accordingly.
There shall- be a ninirnum of, 421 spaces in the rnai.n
Cascade Club parking structure and a mininun ot 122
underground spaces in the Waterford structure.
The Cascade and l{aterford parking structures shall be
oonsidered to be one parking structure f,or the
purposes of, calculating the nixed use credit for
parking spaces. Both parkinE structures shaLl be
nanaged as one entity. e 17.5 percent nixed use
credit per the Town of Vail parking code, section
18.52.?0 has been apptied to the totaL nunber of
required parklng spaces conbined in the Cascade and
Waterford structures. Alternat.ive develop:nent plans
or scenarios rrhich require additlonaL structured
parking shall reguire an expansion ot the waterford
parklng structure below ground level.
The third f,loor of the cascade parking. structure shall
not be used to neet any parking requirenents for
accomnodation units, transient residentiaL dlrelling
units, ernployee dwelling units or dwelling units.
Phasinq: A11 required parking for cornerstone,
Waterford, Millrace fv Scenario Z (32 A.U.,s), and the
2.
3,
I
Fg,tl o-
fiF
-_[ t.r v6 *)J<
4S
I
I
4.
G
2T
I Cascade Club wellness Celr Addition Scenario 1 shall ; cilr Addition sce
be provided in the Cascade or Waterford parking
structures. At the tine a building perrnit application
Ls subnLtted to ttre Town of Vail conhunity Developnent
:3 Department for the waterford building and parking
structure, the developer shall be required to make a
final decision as to vhich development scenarios shall
be used for the Cornerstone, Waterford. l{illrace IV
and the cascade Club add.ition. A temporary
certificate of occupancy sha11 not be released for any
portion of the Cornerstone, waterford, Millrace IV
Scenario 2 (32 A.U.'s) or Cascade Club Wetlness
addition, Scenario 1 which relies on required parking
beLng provided in the llaterford parking structure
until the.waterford parking structure has received a
temporary certificate of occupancy fron the Town of
vail Building Departnent.
6. Seventy-five percent of the required parking shall be
located within the nain building or buildings and
hidden fron public view from adjoining properties
witbin a landscaped berm for westhaven condominiuns,
MilLrace fII, and Millrace Iv scenario I.
7. AlJ. loading and delivery shall be located within
buildingrs or as approved in the developnent plan,
. 8. Area B, Coldstream Condoniniums
Fifty percent of the required parking shall be located
lrithin the main building or buildings and hidden fron
public view fron adjoining properties llittrin a landscaped
bern.
C. Area C, GIen LYon DuPIex Lots
off-stree! parking shalI be provided in accordance !.tLth
chapter 18 ' 52. t
D. Area D, GIen Lvon conmercial site
1. 1og parking spaces shall be provided on-site according
to the approved Area D developnent p1an.
7't
2. *" n.J}n and - ':ess to Area D shalr nl =go.i po.
the TDA Parking Report, pages 6 and ?, August 10.
1988, by the o!,tner of, the property.
3. No loading sha1l be allowed on the public right-of-way ""
along the South Frontage Road adjacent to the Area D
. developnent.-+' o. Tlre owner of the property and brewery rnanagement shall
prohibit seni-truck and trailer truck traffic to the
Glen Lyon Conhercial site. The only truck loading
that shall be al]owed to the site sha11 be vans havingr
a maxinun length of, 22 feet.
18.46.Lgo Recreation Ahenities Tax Assessed
fhe recreational anenities tax due for the developnent within
SD4 under chapter 3.20 shal-l be assessed at a rate not to exceed
trenty-61e" cents per square foot of the fLoor area in
DevEloFment Area Ai and at a rate not to exceed fifty cents per
sq[are foot of GRFA in Developnent Area B; and at a rate not to
exceed fif,teen cents per square foot, of GRFA in Development Area
Ct and at a rate not to exceed seventy-five cents per square
foot of GRFA in Developnent Area. Di and shalL be pal,d in
eonJunetion with each qonstruction phase prior to the issuance
of buildinE pernits.
18:46.2oo conaervation and Pollution control.s
A. The developer's drainage plan sha1l include a provision for
prevention of pollution fron surface runoff.
B. The developer rha1l include j.n the building construction,
. energy and water conservation controls as general
technolggy exists at the tirne of construct,ion.
C. The nunber of fireplaces perrnitted shalL be as se! forth in
Section 8.28.030 of the Tonn of Vail Munlcipal code as
anended.
D. If, f,ireplaces are provided within the developnent, tbey
mugt be heat ef,f,icient through the use of glass enclosures
and heat circulating alvices as technology exists at the
tiue of, developnent.
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AII water features within ofonnent Area A shal1 have
overflolt storm drains per the reconmendation of the
Environmental Inpact Report by tanar Associates on page
34.
All parking structures shall have poJ.lution control devices
to prevent oil and dirt frorn draining into Gore Creek.
In Area D. a rnanhole on the brevery service tine sball be
provided so that the Upper Eagle valley Consolidated
Sanitation District may nonitor BOD strength.
In Area D, the breuery nanagement sha}l not operate the
brewery process during ternperature inversions. It shall be
the brewery oirner, s responsibility to monitor inversions.
All tra6h compactors and trash storage areas Eha]l. be
conpletely enclosed !,tithin Special Developnent District 4.
Progectj.ve neasures shall be used durLng construction to
prevent soil erosion into Gore Creek, particularly rirhen
construction occurs in Areas A and D.
18.46.210 Addltional Amenities and conditions of Approval for sFecial-
Developnent District No. 4.
A. The developer shaL] provide or h'ork with the Tovn to
' provide adequate private transportation services to the
otrners and guests so as to transport them fron the
developrnent to the village core area and Lionshead area as
outlined in the approved development p1an,
. B, Developer shall provide in its approved developnent plan a
bus shelter of a design and location nuuually agreeable to
developer and Town Council. Said shelter to serve the area
generally.
c. Area A, cascade villaqe
1. The developer shalL be responsible for providing a
break-away bollard for the etnergency access road
between Eagle pointe and Westhaven Drive. The design
of the bollard shall be nutually acceptable to the
developer and town of vail. This irnprovernent shall be
constructed when a building peralt is requested for
G.
tl
I.
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::":,::,"-:, T:.::::::H ll ;]=l'.."""11""1' :::""'
addition. The boltard shall be incluiled in the pernit
plans. The bollard shalL be constmcted subsequent to
the issuance of a buildling permlt and prior to the
issuance of a ternporary certiflcate of occupancy for
the Cornerstone, Millrace III, Millrace fV, Westhaven
Condorniniurns, Waterford buitdinqs, or Cascade CIub
addition.
The developer shall construct a side alk that begins
at the entrance to the Cascade CIub along Westhaven
Drive and extends to the west Ln front of the
llesthaven buildlng to connect ['ith the recreationa].
path to Donovan Park. The walk shall be constructed
when a building perrait is requested for Westhaven
Condorniniuns. The side$ra1k shall be part of the
building permit plans, The sider^ralk shall be
constructed subsequent to the issuanse of a building
pernit and prior to the issuance of a ternporary
certificate of occupancy for Westhaven Condominiuns.
The developer shall provide 100 year f,Iood plaln
infornation for the area adjacent to the Waterford and
Cornerstone building:s to the Town of VaiI Connunity
DeveLopnent Departnent before building permits are
released for either project.
The condj.tions for Area A in Sectlons 18.46.020 B.
18.46.180 A.l-7, 18.46.200 C, E, F, I, J, 18.45.210 C,
1-3, and L8.46,22O sha1l be set forth in restrlctive
covenants subject to the approval of the Tolrn Attorney
and once so approved shall be recorded on the land
records of Eagle Couhty. The developer sha1l be
responsible for subnitting the written conditions to
,the Town Attorney lrithin 30 day6 after the Tovrn
Council's final approval of the SDD ordinance.
2.
a F'U
Hg oF
sg
+*()E 'l
4.
z)
zo
The developer shall agree to construct a bus shelter
per Tor,rn of Vail standardE adj acent to Developnent
Area D. The specific location for the bus shelter
shall be nutually agreed to by the Area D ohrner and/or
developer, colorado Division of ltighways, and Tol|Tt of
Vail. lfhe bus shelter shall be constructed subsequent
to the issuance of a building permit and prior to the
isEuance of a tenporary certificate of occupancy f,or
either the brewery addition, office expansion, east
office building, or parking structure,
The developer shall reLocate the existing bike path on
Area D and provide a new bike path easenent across the
Glen l.,yon property and CDOE property per the
developneirt plan for Area D. The bike path shall be
constructed per Town of Vail standards. The bike path
sha1l be constructed subsequent to the issuance of a
building pernit and prior to the issuance of a
tenporary certificate of occupaney for either the
brewery addition, office expansion, east of,fice
building, or parking structure. Such tenporary
certificate of occupancies sha]l be condLtional upon
construct.ion of the bike path provided for herein.
The developer shaLl underground the electrical
utilities along the north side of the clen Lyon
property frorn the northwest corner of the property to
the northeast corner of the property. This utility
uork shaLL be constructed subsequent, to the issuance
of a building pennit and prior to the issuance of a
temporary certificate of occupancy for the brewery
addition, office expansion, east office building, or
parking structure. The undergrounding of the
utilj.ties is contingent upon Holy Cross approving the
work.
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ln'
\Ihe developer shall be reqonsible for relocating tlre
20 foot utiLity easeroent il*" erestern portion of
Development Area D as steIl as obtaining approval fron
the Town of VaiL for the relocated utility easement
before a bullding per.nit is released for the nicro-
breltery addition.
f,lre developer of the Glen Lyon office property shall
not f,ile any renonstrance or protest against the
fornation of a local J.mprovenent district or other
financinq mechanism approved by the vaLl Tor,'n council
uhich nay be established for the purpose of buildlng
road irnprovenents for the gouth frontage Road.
The developer shalL provide a fire hydrant per Tot'n of
vail Fire Departhent requirenents on the northt est
portion of the property. The specific Location for
the fire hydrant shall be aPproved by the vail Fire
Departrrent. The fire hydrant shall be provided
subsequent to the issuance of a building perlt\lt and
prior to the issuance of a teurporary certifl"cate of
occupancy for the brewery addltion ' office expansion,
east office building, or parking structure.
The condltions for Area D in sections 18.46.180 D'
18.46.200 C, r, G, H, r, J, 18.46-210 Dr 1-6, and
La.46.22o shal:. be set forth in restricLive covenants
subj ect to the approval of the Tor"n Attorney and once
so approved sball be recorded on the Land records of
Eaq1e county. The developer shall be responsible for
subnitting the written conditions to thc Toltn Attorney
vithin 30 days after the Town council's final approval
of the SDD ordinance.
LA. 46.22O EmPloyee llousinq
The developnent of sD4 vill, have irnpacts on availabJ.e ernployee
housing within the Uppef, Eagle valLey area' In order to helP
. rneet tbis additional enployee housing need, the developer(s) of
D.
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tJ" o and D shall provLde enployilousing on site. the
developer(s) of Areas A and D shall build a ninimurn of 10
employee dwelling units vrithin either Area A westhaven
Condominiua building or Area A westhaven Condoniniun Building
..gtnd Area D East building.Each employee dwellingi unLt shall
have a ninirnuru square footag,e of 548 square feet, lhe GRFA and
nunber of enployee units shalL not be counted tosrard allowab1e
density or GRFA for sD4. Tbe GRFA and number of employee
. dwelling units shall be restricted as employee dwelling units
for 20 years plus the life of fiffany christlne Lonenthal fron
the date of final certificate of oceupancy for said units. The
ernployee dwelling unit shall not be leased or rented for any
period of Less than 30 consecutive days, and that if rented, it
shal.l be rented only to tenants who are full tine enployees in
the Upper Eagle Valley. The upper Eagle valley shall be deened
to incLude the Gore valley, Minturn, Red cliff, Gilman, Eagle-
vail., and Avon and their surrounding areas. A full time
enployee is a person who works an average of 30 hours per week.
If a unit is so1d, it shall be sold only to a full tirne enployee
in the upper Eag1e valley. The owner shall occupy the unit or
lease/rent as per the reguirements in this section. The
employee dltelling unit shall not be dividect into any forrn of
tineshares. interval olrnership. or fractional fee onnership. A
declaration of eovenants and restrictions shalL be filed on
record in the office of the Eagle county Clerk and Recorder in a
forn approved by the Tolrn Attorney for the benefit of the toatn
to ensure that the restrictions herein shall run with tbe land
before a building pernlt is released for the construction of the
enployee units.
18.46.230 Tirne Requirernents
sD4 shaLl be governed by the procedures outl.ined in Section
18.40.120 of the Tostn of VaiL Municipal Code'
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ir UJ <rG fit 9F
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If any part, section, subsection,, clause or phrase of, this
ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the renaining portions of tttis ordinance;
ana &e Town council hereby declares it wouLd trave passed this
' ot'dLnance. and each part, section, subsection, sentence,
clause or phrase thereof, regardleEs of the fact that any one or rDcrre
parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
section 5. The repeal or the repeal and rc-enactnent of any
provisions of the VaiL Municipal Code as provided in this ordinance
shall not affect any right which has accrued, any duty irnposed, any
violation that occurrecl prior to the effective date hereof, any
prosecution corulenced, nor any other action or proceeding as
commenced under or by viitue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive
any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS zoth day of,
Decernber, 1988, and a publlc hearj"ng sha]l be held on this ordinance
on tlre 20th day of December, 1988 at ?:30 p.h. in the Council
chanbers of the Vait Municipal Building, vail, Colorado.
ordered publ.ished in full this 2oth day of Decetnber, 1988.
;,1:i"tilt,4
Brandmeyer, Town
29
INSFODIFCED.
. ln full
READ AND APPROVED ON SECOND READING
I
AND ORDERED PUBITSHED
this 3rd day of
January , 1989.
-".'
Brandneyer. Toun
r--v
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Vai 1-Rose
rol'tt1ship 5
foll\cws:
Beg
NE 1/4 f,rom whic bears North ools along said titest right of way Ii Southeasterly r
North
North
North
centerlire of
South
South
South
South
South West, 1064.10 f
Rose Parcel
.4. trac R. 8l w.land des of the c of those at Page
on the North lin East, aLonq the less, to a-ooint
EXHIB.IT "A" I
v'ru
XOELBEI PROPERTY
DEVELOPI4ENT AREA A
12.370 acres
of the^SW t/4 NE I/4 ot Section 12,Range 8l t{est of ehe 6th p.lt,, aescribed as
ing at a point on the t{est 1ine of said SW 1/4 :l:. Ng:!|, one-quarrer corner of said secrion
?162;a7 feet; thence Norrh o.ti'-;;;;;
::,,,1:r.:!_I.::. -l; "-poi"r ""-ir," ii"tillJi.rrv (Jr- U.5. HtonLtav Nl.i 6- |.Lan^^.9r y.s. Highway llo. 6i rhence, ui""q-""ia ht of waw lina --o r^rr^-.--way line, as follows;
52o-27' Easr., 102.31 feet =1::?g: Easr; srt:s7;i"Jii ""a nl?.]].1":,t,,sas._os'i".4; ;;;" or tess, to a poinr oL s3+d sw _I/4 NE 1,r4; ir,"r.. lro.ii-d{os-i,
r(
Ap
Sou
'F'
.}
rr,h. rine of said si L/4 lirl-:ed-i."-t]-.ii" o_n_the. cenrerline of cbre cieer; ii""i.l'-lr"ng the Creek, as folLows:
6c)4 g r
802r r
024'
2010 'go4l'
Ilest. 10I.04 feet;,West, 54 .08 f eet;West, 205.02 feet;West, II0.25 feet; and
, west, 242-35 feet, thenee south 75015 r the point of beginning.
F- tl
*i*eF.
slB
=J J,<dtfi
TP 5 S.,tract of,
Wes terly
Eas terly
Book 211
follows:
of, said
J.2 bears
of land situated in the gI !tt. 6th p.M., Iying ibed, in nook I99, iage ter line of Gore Creek.
3.190 acres
SwkNEk of Section 12,Southerly of that certain 197, 56rg5"r1v and and lying ttoitherly and
_in Book 2l-I ac nage tOe,365, described as
certain tracts described 08 and Book 215 at, paqe
Beginnfng at a point on the North-South center line quarter corner of said section sectio! I| whence the worth N. 000151 E. 2269,48 feet,thelce N. ?5015' E. 346.25 feet to the !.si""i"er _;;g-;"i;r'i.iin. i;. i;:.#"ffi"ir': :i"J:l..llll.u3l ln Bogl< 199, 9us" L9? and wrricrr teais i. og"ze, E. 220s-ra r--n that tract described
fron the North quartef_ggfler ot saia iectron t2;E. 2205.34 f,eer
rine or .h.:hil::,t;.113]11"";-tl]:ln, ieet-arong' the soltherrv ilT":: ll:1n1..". described in aooi rgs, -eiil"ie;"io-;;:..:;;{",
Creek;
)
thence s. 28041, I{- 130.6I feet along the center Line of said Creek;
thence S. 05024'30" E. 104.50 feet, along the center line of said Creek;. thence S. 49o29r II. 95.50 feet along the center line of, said creekt
of said "..!lin..
s. 22034' w. L24.47 feet atong rhe center line
thence S. S4o00-' W. 119.34 feet al.ong the center line of said Creek; to the. Southeast ""i"..-Jt that certain tract of Iand dcscribed in aook 2lt, piq.-i6;l- -
thence N. 33oL6i30"-w.-iao.fz feet along the Easterly line of thar rracr d":9l+!9q i"';";k-zii at pase r08;r.henee *l.r]:a3,:0,, w.-i-e9.a-i. reet atons rhe Northeast.erly line of_that lract described in SooX-ZiI at page I08;. thence N- 86002,30" w. i;t:e;-;";; ;i;;s-il"-"-olii",ry line of rhosc tracts a"""iitia i; ;;k,;., ar page 108 Book 2IL at. page 106 to a point,. --- ---" :
thence N.-32o57,30, w. ?6.08 feet along the Northcastcrly line of-thar ai..i'a.".riu.a in Booi 215 at page 385, ro rhe poinr of beginnin;:- -"-".-"
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H"ea*.c"r
County of Eagle and State of Colorado, to r,rit !A tract of land situated in the SWtNEk of Sectlon 12, Township 5 South, Range 51 west of the 6th principal Merl,dian, describett as followsr Beg5.nning at a point on the North-South center line. of said Section 12 whence the North euarter Corner of said Sectton 12 bears North 00 degs. 15 mins. East 2269.4S feeti thence
Iorth 75 !egs. 15 mins. East 346.26 fee!; therce South 32 degs.57 mins. 30 secs. East 76.08 feet; thenci Souttr ll degs. OO iins.30 secs. West 279.99 feet to a point in the center of Gore Creek;thence _llor!! 50 degs. 32 rnins. West lll.3L feet along the center ILne of said creek; thence North 38 degs. 40 rnins- W6st 239.09 feet along the center line of said ereek; thence South 76 deqs.35 mins. West 89.91 feet along tbe center line of, said ireek to a poLnt on the North-South center Line of, said Sectlon 12; thence Nortlr 00 degs. 15 mins. East 13.95 feet along the North-South center Line of said Section 12 to the point of beginning.
1.260 acres
15.820 acres
80.700 acres
Total
GORE CRIET ASSOCIATES PROPERTY
DEVELOPI'TENT AREAS B, C & D
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LegaI Description
A1l that part of Section 12, Tor"nship 5 South, Range 81 West of the 6th P.M., described as follorvs:
All that part of the NbNEk of Section 12, Iying $outherly of the southerly right-of-way line of U,S. Highr,ray No. 6 and Noitherly of the SoutherLy line of said NkNEk, as shoim on the plat on fj.le in the office of the Eagle County clerk and Recorder is Docurnent No. 9?489, described as f ollo.rrs:Beginning at the highway survey monument at the intersection of the Southerly Line of said highway and the Easterly Line of said NltNEl, whence the Northeast corner of said Section 12 bears North
0o03 ' l{est 634.785 feet;
thence South 73026'30'i west 1112.13 feet along the Southerly right of way Line of said highway;
thence South 70034' West I25.10 feet along the Southerly right of way line of saLd highway;
th-ence South 69025r-WesL 100.00 feet along the SoutherLy right of way linc of said highway;
thence South 65050r West 100.00 feet along the Southerly line of said ttighway;
thence South 62015r West I00,00 feet along the Southerly right of uay line of said highway;
thance South 58040r'Wes-t 100.00 fee! along the Southerlv riqht of,r*ay line of saLd highway;
thence South 55"05 I ftest 100.00 feet along the Southerly right of way line of, said hig'hway;thence South 51032r llest 100.00rfeet aLong the Southerly right of way line of, said highway;
thence South 4?057' West 232.58 feet along the SoutherLy right of way line of said highway to a point on lhe Southerly line oi said
N*NEI 'thence North 88"33r East 497.67 feet along the Southerly line of said NINEI to the center of the Nrt of said section 12;
thence North 88033r East 1379.35 fee! along the Southerly line of,said NtNEk to the Southeast corner of said NINE!;
thence North 0003' l,rest 760.95 feet along the Easterly line of said NtNE! to its interseclion with the South6rlv line of iaid highway, thc point of beginni.ng,
t F l@ &
AND
A].l that part of the SWtNEk of Section 12, Iying Sourherly of the center of core Creek as shor^rn on the plal on fite in tne office of the Eagle County Clerk and Recorder as Document No.
97489, described as follows:
Begihning at the Northeast corner of, said SWtNEk,thence South 88433 I West 131.67 feet to a point in the center of said Creek;
40o09i West 94.04 feet along the center of I8o2l' West 54,08 feet alonq the certer of Ioed'l west 205.02 feet alon! the center of 12-10r West 110.25 feet al.ong the center of 29041' West 320.00 feet;5024'30r' East, 170.00 feet along the center
,'i
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gH
Ji<dH.d
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@ thence Soulh thence South thence South thence South thence south thence South
creek i thence South
creek;
thence south
creek;
thence South
creek;
said Creek;
said Creek;
said Creek;
saitl Creek;
of said
2?oO0'02" West 85.24 feet along the center of saidl
54000' west 259.34 feet along the center of saial
65034r West 109.52 feet along the center of said
thence South 69004' 'hlest. 186.13 feet along the center of said creek;thence south 85o25t llest 68.88 feet along the center of said creek;thence North 77036r lrlest 26.96 feet along the center of said creek;thence North 50o32t West 199.f9 feet along the center of saict creek;thence North 38o40r lvest 239.09 feet along the center of said creek;thence South 76035r west 89.91 feet along the center of said creek;to a point on the WesterLy line of said SWtNEk;thence South 0ol5' West. 461.90 feet to the centet of said Section IZ;thence North 89-02r East 1382.65 feet along the Southerly Line of said SWtNEk to the Southeast corner of said Sr,IkNEk,thence North 0o06' East 1384.32 feet along Che Easterly line of said
SWkNEt to the Northeast colner of said SWkNEt, the poi;t of beginning ,
AND
The NWkSEk of Section 12, Tovrnship 5 South, Range 8l'wesL of the 6rh P.M. ;
AND
AIl thal part of the SEkNwk of section 12, Township 5 south, Range 81 West of the 6th P.M., lying Southerly of the Southerly right of way line of U.S. Eighway No. 6, as shown on the plat on file in the of,.fice of the Eagle County Clerk anal Recorder as Docurent No- 97,i199,clescribed as follows
Deginning at the Southeast corner of said sEhNWt;
thence South 89002r West 836.95 feet along the Southerly line of saiil SEtNWt to a poiat on.the Southerly right of way line of said
highway;
thence North 52o35r East 1057.07 feet along the Sotrtherly riqht of way lLne of said highway to a point on the EasterLy line of, saiil
sEtNi{k t thence South 0"I5! West 628.21 feet along the Easterly ).ine of said
SEtNWt to the Soutlreast corner of said SElNl,tk, the point of beglnning ;
EXCEPT THE FOLLOWING :
that part described in Book 188 at page 545;
that part described in Book 191 at page 24Li
that part described in Book 203 at pagc 231t
@ e ocl$
CONfINUED
that part described in Book 203 at page 531;
thats^certain island adjacent to the
located in the middle of, core creek,
to exclude from this transaction;
County of Eagle,
StaLe of Colorado
above-dcscribed property,
which the parties intend
ALSO THE FOLLOHiNG PARCEL FORMERLY KNOI.IN AS THE "COSGRIFF PARCEL"
A lract of land situated in the SW 1/4 NE 1/4 of
Section 1.2, Townsbip 5 Souch, Range 81 l,Iesu of tbe 6th Principal Heridian, lying liorrhuesterly of the center line of Gore Creel: described as follous:
Beginning at a poinr whence the North Quafter Corner of said Section 12 bears N. 11003' W.
?292- t-2 f eet; theoce S. 86o02'30" E. 89.50 feet; lhence S. 54'42'30" E. 169,88 feet; rhence S, 33'16'30" E. 140.12 feet to a point in rhe center of sai<i creel:; rhence S. 65"34' \'- 109.62 feet alonB t'he center line of said creel: I tbence S.69"04'U.90.78 feer aiong the cenler ljne of seiti creelr; thence lt. 23'12'30" H. 317.54 feec to ch€ point of beginning, conta!ning 1.05 acres,
ErOt€ oi less.
F.LSO DE.SCRTEfD
?,egin;in6 ai a Fojr,i rihsr,ce tlre lio;th Oua:rer Cc:r,sr c.i si. jC Seci j o';. il: be;;s l:. ll't'3' i.;.!29!.i't ieei; tl'ence S:. [:<43'11." I. 89.[.1 f eei';
thence S. 57..25'30" E. 769.46 feer; chence S-
32"59'30" E. 141.47 feet to a poinL in the center of said creeli; thence 5. 65"31 '36" H.
109.6? feer along the center line of sai<i creek;
rhenc€ S. 69"01 '36" I.J. 103.02 feet along the
ceTitei line of said creel:; thence l:. 23r24'09"
l'1. 319.(r9 f eet- t.o chc pcinr of beg,inning.
TOGETHEI. HlTll an easenen! as described in Docunenr
recortied AuFust 5, 196(i in Bool: 306 at Page 443 ;;i rcgc,;ded irr }ool 3('l' ar i'age 6(, oi thr-
Ea6l e County recor<is..
ALSO includjng all. Fater and well righrs
appur!enant to thc' above described property,
incluCing h.'jEhout linitarion, l*el I Pernir llo.
9!-1O?, r.'ater rights decreed in Cir-il Act-ion lio. 2375 in tagle County DisIrjct Courr, and
al I that portion of r.'aLer riEhLs decreed in
Case tio, L(r CU' al0, l'.'aLer Dii'is jon tlo. 5,(Gore ]io. I r.Je11 - 0.05 cf s)
."I I{INUTES
VAIL TOTN COUNCIT I'IEETING
JANUARY 3, 1989
7;30 P.Fl,
A regular meeting of the Vail Town Council was hald on Tuesday, JanuEny 3, 19g9, at
7:30 p.m, in the Council Chambers of the VaiI lllunicipal Bui lding.
MEI'IBERS PRESENT:
ME'lBtRS A8SEl'lT:
T0l,,N 0FFICIALS PRESENT:
reoui rEment
and D r'ras added i n
Z. The fireplace number shall
Code. The requirement is in Sect.ion
3. The emp loyee housing shal l
Tiffany ChFistine Lowenthal i nstead
18.46.220.
Kent Rose, Mayor
John Slevin, mayor Pro Tem
Eric Affe l dt
Michael Cacioppo
Merv Lapi n
Gai l Hahrl i ch-Loyrenthal
Tom Stei nberg
None
Ron Phi I I ips, Town I'lanager
Larry Eskwith, Town Attorney
Pam Erandneyer, Town Cl erk
The flrst item was a ten year anniversary awaFd to Alex Gotdon. Ron phillips gave brlef backgpound informatioh on Alex, who is a Golf Course Speclalist with ihe-Uai't
l4etropoi itan Recreation District. Pat Dodson said a few words of praise, and Mayor
Rose thanked him for his hard work and years of service.
The next order of business was the approval of the minutes fron the Decenber 6 and 20, 1988 m€etings. Merv Lapin made a rnotion to app?ove the fi?inutes, with Tam Steinberg seconding. There was no discussion by Council or the public. A vote was
taken and the motjon passed unanimously 7-0.
The thipd order of business was 0rdjnance No. 39, Series of l9gg, s€cond reading,
regarding daily special boards. Mayor Rose read the ful'l title of the ordinance.
Pet€r Patten noted there were no changes nade since first reading, with the
exception of a typographical error at the bottom of page 1. Theie was no other discuEsion by council or the public. Gail ulahr'l ich-Lowenthal moved for approval of ordinance No. 39, and Eric Affeldt seconded. At thls time, llike cac i oppo"requested the ordinance be tabled until the_next Evening lreeting so that he could bninj back from Las.vegas broqhures on backlit boards and their attractiveness. Lamy Eskwith
suggested to proceed with the vote, and that the ordinance could be anendei as any time. Afterwards, there was some discussion on chalk boards vs. white plastic
boepds, and their attractiveness. A vote was taken and the motion passed s-2, .with
John Sievin and Mike Cacioppo opposing.
that the developer record the conditions of approval for s€ctlon 18.46.210 C4 and 18.46.210 Di.
be controlled by 8.28.030 of the Town of Vail
18,46.200 C of the ordinance.
be rEstrjcted for 20 years plus the llfe of of fifteen years. This change is in Section
The f ifth order of
:oning the property
Mayor Rose r€ad the
business was 0rdinance No. l,
commonly known as the Ulbrich full title of the ordinance.
Series of 1989, first reading,
propepty to Hi I lside Residential
Ri ck Pylman gave background
rl infornation on the property and Hillside Residential eonlng, He stated the applicaflt had applied for this type of zoning, and the staif recormended aoDroval.
He then Feviewed the criteria used in evaluating the rcguest:
l. Suitability of existing zonlng.
2. The anendnent rou)d-present_a convenient, workable relationship anrong.Jand
uses consistent with nuniclpal objectives.
3. The rezoning proposal would provide for growth of an orderly and viable
communi ty.
After r short discussion anong council and Jay Peterson, Merv Lapin made a motion to
apppove the ordinance, which was seconded by John Slevin. A vote was taken and the motion passed unanimously 7-0,
At this tine, there was dlscussion on the areas of the Town r*rich ryere still not
reannexed.
There was no Citizen Participation.
Hayor Rose pemafked there had been an Executive Session at
afternoon relating to 1989 compensatjon for the Council,s
Councll would like to continue that Executive Session with
the llork Session that
employees. He stated the
Ron Phi I I ips and Larry
Eskw ith .
There being no further business, the meeting was adjourned at 8125 p.m.
Respectful ly suhtni tted,
ATTEST:
l,4i nutes taken by Brenda Chesrnan
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I
i o
a
;I'lIllUTES
VAIL TOIdII COUNCIL MEETING
DECEMBER UO, 1988
7:30 P.l'tl.
A regular meeting of the Uai l Town Council .was held on Tuesday, December 20, 1988,
at 7:30 p.m. in the council Chambers of the Vail Municipal Buiidtng,
MEI{EERS PRESENTT Kent Rose, Mayor
John Slevin, f{ayor Pro Ten
Eric Affel dt
Michael Cacloppo
Itlenv Lap i n
Gai 1 llahrf i ch-Lohenthe l
Tom Steinberg
I'lone
Ron Phi 11ips, Town llanagor
Larry Eskwith, Tonn Attorney
Pan Brandmeyer, Town Cl erk
MEMBERS ABSENT:
TO}IN OFFICIALS PRESENT:
The first oFder of business was ths presentation of a ten year anniversary award to
Itlark Benson. Mapk Banson was present Lo accept this belt buckle, and short
introductory speeches were given bJ Ron Phillips 8nd Dick Duran.
Th€ second item of business was Resolution lto. 45, Series of 1988, a resolution
honoring Lesley Davies for her outstanding achieverent of being the first woman to
solo fly a hot air ba] loon over the Contjnental Divide. Lesley Davies was present
and spoke a few words and later in the m€eting a vote was taken on this pes;iution.
John Slevin noved for approval . ftlerv Lapin seconded the rnotion, and the resolution
was approved unanimously 7-0.
The thlrd item of business was 0rdjnance ilo. 38, Serles of 1988, second reading,
regarding business license fees for narketing. I'layor Rose read the full title of the ordinance. Those speaking for passage of Ordinance t'lo. 38 lncluded Rob Levine.
Debbie Marquez, Hepmann Staufep, Pepi Gramsharnmer, and 0an Mulrooney. Those
speaking against approval of this ordinance were Char'l ie Crowiey and Michae'l
Cacioppo representing BilI Boyd and Diana oonovan through letters that had been
submitted to him. . Following discussion, Gail llahrl i ch-Lowenthal moved for approval of this ordinance, and this was seconded by Tom Steinberg. A vote was taken and the
ordlnance passed unaninously 7-0.
Consent Agenda, the following ordinances w€re read by title in full by ltlayor 0n the
Rcse:
A. ordinance No. ?8, Series of 1988, second reading, adding certain
back lnto the ski base,/recreat i on district which were inadvertently oni tted this year .
B. $rdinance t{o. 35, Series of 1988, second reading, a supplenentel
appropriation for 1988 fisca'l year.
secti ons
ear'l ier
C. ordinance no. 36, Series of 1988, second reading, anending Chapter 19.71 of the zoning code relating to additionai 250 square feet of GRFA,
At this point in the meeting, l4erv Lapin requested Ordinance l{o. 36 be removed from the consent Agenda. Merv Lapin then made a motion to approve both ordinance Nos. ag and 35. This motlon was seconded by Torn steinberg. A vote was taken and the result nas unanimously 7-0. In regard to Ordinance ltlo. 36, Merv Lapin expressed his concern about lhe inequity of.allowing such a change to the zoning ordinance, and
sone discus$ion followed. Eric Affeldt noved to approve this ordinance; Joh; slevin seconded this notion. A vote was takEn and the ordinrnce was approved ti-2, rith
Merv Lapin and Ton Steinberg opposing.
Area
1. Alternative Develooment Scenari os
Uariations in number of units, GRFA, type of unit, and amount of
comrercial are reguested for four undeveloped sites within Area A. Tlie variations result in two deve loprnent plans for four sites. The exteriors of the buildjngs
remain the same under all alternatives except ofle. Tno scenarios are requested for
Area D. Either residential/office or office will be constructed in the eastern.buildlng on the Glen Lyon sjte..
2. GRFA/Units
Both apeas are within the allowable GRFA and number of units for the
existing SDD except that Area A exceeds the allowable GRFA by 1,124 square feet for
one scenario. Staff supports the scenario as the additional GRFA is for lodge
roons on the Mi llrace IV parcel,
3. Parki ng Ail neguired parking is provided. The two parking structures in Area A
are treated as on€ structure for the purpose of calculating the mixed use parking
credi t.
4- Comnerci al
Conmercial has increased from 37,000 to a maximun of 56,538 square feet for Area A. A mjcro-brewery and more office are added to Area D.
5. Enployee Housi ng
The existlng SDD does not provlde for any on-slte employee housjng. The
emendment calls for a minimum of ten employee units to be located in Apea A and/or
Area D. The units are restricted for 15 years and allowed to be sold as long as it is to a Jocal.
6. Tpansient Residential Dwelling Unit
A ne type of unit is requested for Area A. A TR js basically an
accorxnodati on unit that is al?owed to have a snall kitchenette. The unit will function as a lodge unit.
8. Fi replaces
In Area A, 95 wood burning fireplaces ape requested which is eoulvalent to the nunber of dwelling units approved yet unbuilt. The r€quest allows for wood
burning fireplaces to be located in lodge roons, transient residentlal units as nell ss in dlrelling unlts. Staff only supports locating wood burning fireplacee in constructed dwel Ijng un i ts.
9. lili cro-brewery
A rii cro-brewery is proposed for the Glen Lyon site. It would be located ot the lr€st end of the existing office building.
tt this point in the discussion, Xristan p?iEz took over the presentation and began with the fequest to amend Special Deve'lopnent District No. 4, Area A, known as the
9"*ldq Viilage. Under staff reco0rmendati ons, the stqff recormended
-approval of the folldvring amendments proposed for SDD 4 with the foildwing conditions:"
. 1. - ldood burning fireplaces shal l only be allowed for dwelling units. The
number of wood burning fireplaces allocated to dweliing unlts shal l not exceed the nunber approved under the existing Special Developneht District 4,
1- Special Attracti on
A special attraction is defined as or performi ng arts theater, or other similar
conditional use for Area A-
a nuseum, seminap, or reseapch center,cultural center. This use is a
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__2. The existing first floor netail space in the plaza Conference building shall not be converted to a real estate office.
3. The pestricted dwelling unit or transient residential dwelling unit sha'l l
neet .ll of the requi renEnts outlined in the def{nition of Section 28.
*- The l4illrace IV d€velopment plan shall be approved for the 32
accotmodation units having a total GRFA of 14,000 squale feet, The Millrace IV
deva l oprnent plan for eight dwelling units having a GRFA of 14,000 sguare feet shall
not be approved, The original plan for eight dwelling units wlth a GRFA of 11,200
square feet is approved. The developer is reguired to subnit a develognent plan to
FEC before proceeding to DRB.
5. The fractional fee use shall be approved as a.conditional use fop the
dwelling units within llEsthaven Euilding rith the condition that the ninimum
ownershlp interval shall be five weeks.
6. Ten employee housing units as defined in Section 2L shall be provided by
the deve I oper.
7. First fioor Commercial Core I zoning shall be applied to all first floor
spac€s of buildings having comnercial uses within Development Area A. The first floor or street level shall be defined as that floor of the building that is tocated at grade or str€et level .
8, The total d'l lowed GRFA for the project shatl be 29?,245 square feet only if the MiIlrace Mhirty-two accormodation pian is utilized. If the trlillrace IU-eight dwelling unit p'lan is used, the GRFA shall be 11,270 square feat for the 8 dwelling unlts. The total allowable GRFA for the proJect if the ltillrace IV elght dwelling unit p'lan is used shall be 289,445 square feet.
9, The olrnership entity for the developnent Area A shall enter into an
agreement outlining the conditions that relate to the restricted dwelling units oF transient residential unlts and restricted enployee houslng units,
10. All water features within Development Area A shall have ovenflow storn drains per the necorilnendation in the environmental jmpact report.
. 11. The developer shall be responsible for pnoviding a breakaway bollard for the enepgBncy access foad betueen Eagie Pointe and l{esthaven Drive. This
inprovement shall be constructed when a building permit is requested for the
cornerston€ IilJllrace iII or IV L,esthaven or ldaterford bui)dlngs. The bollard shall be included in the permit plans.
12, The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along l{esthaven Drive and extends to the west in fpont.of the
l{esthaved Building to connect with th€ recreationai path to Donovan papk. The walk shall be constructed when a buildinSj permit is reqrJested for hfesthayen. The sid€ alk shall be part of the bui1djn9 pernit plans.
13. The developer shall provide 100 year floodplain information for the ar€a adjacent to the Haterford Building and cornerstone Building before building permits
are rel eased.
14. All required parking for the Cornerstone,
A.U.) buildings shall be provided within one of the certificatE of occupancy shal l not be released for
structured parking is avai I ab le .
llaterford, and Miilrace IV (32
parking structures. A temporary
any of these projects until the
Kristan pointed out that the PEC recommendEd approval of the amendments Dius conditions axcept that they approved the finst floor offlce space in the plaza
conference Building. Additionally, Kristan passed along strong feconmendations to the Design Review Board,
1. Substantial landscaping should be required for the llatenford Building,particularly on the north and creekside elevations.
2. Substantial landscaping should be required in the Cornerstone plaza ro soften the paved plaza areas as much as possible.
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3. The mass and bulk of the bridge connection bEtween the {o buildings that
cofipri se Cornerstone should be decreased as nuch as possible to open up the view of
the mountain from the transit mall.
4. The floor plans for the l{aterford Building should indicate clean}y
enclosed trash and loading aieas.
Rristin then pnoceeded to the next section of the presentati on whjch was a requesr to am€nd the SDD approved plan for the Glen Lyon office property in Special
Devel opmBnt District 4 Area D. Kristan indicated the staff reconnended aporoval of the ni cno-brewery request. The micro-brewepy me6ts the square footage Iimits
described in the definitlon and the brewhouse area is per yENr. The breweiy area production capaci ty is limited to 7,500 barrels. The environmental impact report
had indlcated there are no significant environmental inpactq.due to thb proJect. In addition, the use n€ets all the conditional use criteria. ilierefore.. stiff-
recomnended approval of the request with the fotlowing conditions:
The owner shall agree in wrlting to the follorying conditions which shall be recorded
by the Torn of Vail Clerk at the Eagle County Clenk and Recorder's office within thirty days after Toyrn Council's final approval of the SOD ordinance. The time per{od may bs extended if approved by Town of Vail staff-
1. The owner shall provide a manhole under brerrcpy service Iines so that the
Upper Eag)e Val ley Consoiidated Sanitation District may nonitor 80D stnength.
a, The brewery managetnent shall not operate the brewing process during
bcmperature inversions. It shall be the brew master's responsibility to nonitor
i nverli ons.
. 3. The trash compactor and trash storage area shall be completely enc?osed.
Th€ nanagement of the brewery shall not allow any trash to be stored ln an
unencJosed area.
.4- The owner of the property and brenery nanagenent shall agrae in wrjting that seni-truck tpaffic to the Olen Lyon Office site shali be prohibited. The o;iy truck Ioading that shall be allowed to the site for the brEwery or any other uses on the site will be vans having a naxinum slze of 22 faet.
5. The owner of the Glen Lyon 0ffice property shall not file any remonstrants oI protest against the formation of a local improvement district or other financing
mechanisrn which may be established for the purpose of building road lmpnovenents to the South Frontage Road.
6. The owner shall utilize protective neasupes during construction to prevent soil erosion into Gore Creek.
continuing rith the.request for Area D, the second part of the request vras to anend Specjal Developnent Distrlct 4 Area 0, to allpw a micro-bFe*ery, office expansion,parking structure, and residentiil units. Kristan indjcated thi staff again
reconmended approval -of the proposed amendments to Ar€a D. The project ieets a of the design criteria for amendments to special devel opnent distiicts. The project wjll be of significant benefit to the conmunity due to the unique mix of uses and high quality design. Our approval is contingent upon the following conditions being met by the app I i cant:
The owner shall agree in writing to the following conditions which shall bs recorded by the Town of Vail Clerk at the Eagle County Clerk and Recorder,s 0fflce within thipty days after the Town council's final approva) of the sDD ordinance. The time period may be extehded if approved by Town staff.
1. The ownep shall agree to constnuct the bus shelter per Town of Uail standards. The bus shelter will be constructed subseguent to the issuance of a buildlng permit and prior.to.the issuance of a temporary certificate of occupancy for either the brewery addition, office expansion, east- office building, or parking stfucture.
Z. The owner shaiI relocate the bike path and proyide a bike path easenent across the Glen Lyon propel ty and cDoH pfoperty. The bike prth shali be constructed per To}^,rr of vail standards. The bike path shal l be constpucted subs€guent to the issuance 0f a building permit and prior to the issuance of a temporary certiflcate
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of occupancy for either the brewory additlon, office expansion, east office building, or parking structure. Such temporary certificate of occupancy shali be condltional upon construction of the bike path provided for herein.
3. The owner shall provide in the enployee housing agreement for the two
efipl oyee housing units in the east office building. This agreenent shall be provided to the Toun of Vail before a temporary certlficate of occupancy is released for the two employee housing units or the free market dwelling unit. The agreenent shall include the sane provisions as outlined in the enployee.housing agreement for
Area A.
4. The parklng and access to the property shall be managed per the TDA parking report, pages 6-7, August 10, 1988 by the ormer of the ppoperty.
5. The owner shall underground the electrical utiliti.s along th,e north.side of the Glen Lyon property ffom the northlrest corner of the property to. ihe northeast corner of the property. This utility work shall be construct€d subseouent t0 the issuince of a building pernit and prior to the issuance of a tenporary certificate of occupancjr for the brewery additjon, office expansion, east office building, or parking structure. The undergrounding of the utilities is contingent upon Hoiy
Cross approving the h,ork,
. -^6_. The tvrenty foot-utility easement on the western portion of the propenty
shal? be relocat€d as well as appnoved by the Town of Vail before a building peririt is released for the ni cro-brewery addition.
7. The owner of tha Glen Lyon Office propenty shall lot file anJ renonstrance or proiest against the formation of a local inprovenent district or other financing
nechanism approved by the vail rovrn council which may be established for the purpose of building road inppovenents to the South Frontage Road.
8. The owner shali provide a fire hydrant per Town of Vaii Fire ocpartn€nt reguirenents on the northwest portion of the pfoperty, The fire hydrant shall be provided 'subsequent to the issuance of a building permit and prior-to the issuance of a temporafy certlficate of occupancy for either the brewery addition, office
expansionn east office buildlng, or parking structure.
The staff would recomend that the 0esign Review Board took at the following issues rclated to this proJ ect-
1. Pedestrian access from the east slde of the structure t0 the east offic€
bui I.dlng should be requjred.
. _ ?. .The pedestrian path from the parking structure to the brewery entpy should be locatGd on 0len Lyon pfoperty.
I 0ne. addjtional loading space should be provided for the main office building in the parking structufe. ,
At this time,'some discussion ensued regarding the real estate office, employee housing units sales to locals, and changlng the flreplace requirement to work concurrently with the curfent Town of Vall ordlnance regarding fireplaces. The
empl ayee housing restriction was extended to th€nty yearc plus the llfe of Tlffany uahrlich-Lo enthal . Kfistan explained that all the condltlons of approval pcp tha
PEC reconmendation were included in the ordinance, lrlerv Lapin movei to appi.ove the ordinance, He included changes in regard to employee housing saies to lotils,recordation at the clerk and Recorder's office as opposed to the Assessor,s 0ifice,
and the flreplace requirements vrorki ng in conjunction wlth the Town of Vall nunicipal ordinance regulating fireplaces in the Town of Uail. This motion was
seconded by Ton steinberg, A vote was taken and the ordinance passed unanlmously 1-0.
The sixth iten of business was 0rdinance No. 39, Series of l98g, first reading,regarding daily speclal boards. lr{ayor Rose read the full title of the ordinance.Following discussion, Ton steinberg moved for approval of Ordinance flo, 39, and Eric Affeldt seconded. A vote was taken and the notion passed 4-3, with !4erv Lipin, John Slevin, and I'ti ke Cacioppo opposing.
The next itern of business was Ordinance No. 37, Series of l9gB, first reading,
regard'lng bed and breakfasts, was tabled to a further neeting.
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Iten eight on the agenda was Resolution No. 46, Serles of 1988, regarding the Town of Vail and yail tletropollten Recreation District agreeDent, Larry Esknith included
nany cofiments to describe revisions that had been made as requests fpon both sides for this agreenent. 0n page 6 of the agreement, Section 108, Compliance with All
Laws and Regulations, the Town grants the Distrlct the right to utilize ten parking
spaces on the land connonly known as the l{ud Lot. Sone discussion ensued on page 7 in regard to lten 7, page 7, the control 0f the John Dobson lce Arena. It was
agrecd that an index should be included showlng other nonprofit groups that are
allowed to use the Dobson Afeha as nell as groups that qualify for special rates.
Also, at the end of the full'paragraph on page 8, a change wa! nade with the new
wording feading 'The 0istrict shali be entitled.to receive th€ gross receipts or rent produced by any such event less all expenses and costs thereof,,' 0n page g,
qnder Section 8, Recreation Plan, at the end of thls paragraph to be inserted ls a
sentsnc8. indicating a discussion shall be held annually regarding the subsidy, and..the annual plan should include this discussion. Under. Section 9, Financial
Contributions, Larpy indicated Exhibit E was a new exhlblt showing a breakdown of
the financial contributions. 0D page 10, the first paragpaph was cornpietely nen indicating what procedures should be followed in regard to the 0istrict's electioh to subnl t a mill levy increase to the authorized voters of this dlstrict. 0n page
11, $ection 12, District Boundaries, this had been a new sectlon that was added by Larry at the rcguest of both VMRD and ToV in order to take whatever steps necessary to make the boundaries of the Oistrict and the Town coteminous, Larry further
concluded by saying that he had no Exhiblt A or B currentiy because thise were legal descriptlons of vatlous properties and land afeas that |tere to be included under -
this agreenent and that he was having difficulty finding exact legal descriptions for then. He was advised by the Council to come up with a generic description for
each of those. At this point, Merv Lapin moved to approve thB resolution, which lras
secondEd by Eric Affeldt. A vote ras taken and the reso?ution passed 5-2, with
Mayor Rose and John Slevin opposing.
There was no Citizen Partjcipatlon.
There being no further business, the meeting was adjourned at 12:02 a.m.
Respectful 1y subnitted,
ATTEST I
Mlnutas taken by Pamela Brandmeyer
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,t I'IIIIUTES
VAIL T0l{l{ C0UilCIL tIEETI;rlG
APRIL 1, 1985
7:30 p.fir.
A regular meeting of the Vail Torn Gouncij was held on Tuesday, April 1, 1986, at
7:30 D.m, in the Council Chanbers.
MEIIIBERS PRESENT:
MEHBERS ABSENT:
Totlil oFFICIALS PRESENT:
Kent Rose, Mayor Pro Tem
Eric Affel dt
Dan Corcoran
Gordon Pierce
Hernann Staufer
Paul Johnston, lrlayor
Gai 1 llahrl ich-Loffenthal
Ron Phillips, Town llanag€r
Larry Eskwith, Town Attorney
Pam Brandneyer, Torfi Clerk
The first item 0n the agenda was a consent agenda for the follouing itens:A. Approval of minutes of ltlarch 4 and 18, 1986 neetings,B, 0rdinance f'lo. 5 Series of 19gE second reading, concernlng the Doubletree
Special Develosment 0i stni ct.C. ondinance No. 6, Series of 1986, second neading, on tltle certificates.
Ordi nance No, 7, Series of 1986, second readlng, concetning horsE drafin
vehi c I e$.
Oldinance No. 8, Series of 1986, second neading, regarding the
Ann€xati on of Solar Crest.
0ndinance f{o. 9, SerJ€s of 1986, second reading, vacationing tlre gnall
portion of a Chalet Road cul-dE-sac at oolden Peak.
ordlnance l{0, 10, Series of 1986, second reading, zoning the r€annexad
oortion of l'rest Vai i .
f'layor Pro Teln Rose read ail the titles in full- Dan Corcoran abstained fronr voting
on i tem E, .ordinance f{o. I, due to his involvement in th€ issu6. Eric Affei dt aEked that i t€tr 8, Ordlnance No. 5, be renoyed because he rrould not be able to vote affinative on it. ilay Peterson aiso asked that ordinance lrlo. 5 be removed fron
consant agenda because he had questions r.equiring funther discussion, llayor Pro Ten
Rose renov€d items B and E fron the consent agenda. Hernann Staufer then nade a
motlon to approve i tens A, C, D, F, and G, r{hich Gordon Pierce secofided. A vote vras
taken and the motion passed unanimously 5-0.
Th€ next item wES ordinance llo. 5, Sepies of 1985, second reading, concerning the
DoubletFge SDo. Mayor Pro Tem Rose read the full tltle, Jay Peterson had questions
conoerning Section 9 I to which P€tdr patt€n r"esponded. After a short discussion,rn additional sent€nce was included: "Any proposal to condoninimizs. the
accolinudatl on units would require approval as per the Subdivision Regulations of the
Town of Uall.tr oan Corcoran made a motion to approve th€ ordinance trith the
atrEndDent, and Hernann Staufer seconded. A vote was taken and the motiofi passed
4-1, with Eric Affeldt opposing.
.Tbe third item was ordinence llo. 8, Series of 1986, second reading, rggardi nE the
annexatlon of Solar Crest. I'tayor Pro Ten Rose read the title in full. There was no
discussion by Council or the public. Gordon Pierce mdde a notion to approve the
ordinance, and Eric Affeldt seconded. A yote l{as taken end the Botion passed 4-0.wlth Dan Corcoran abstaining due to his vrork on the project.
ThE next itea on the aginda was Resolution lrlo, 9, Series of 1986, coneerning
authorization to deal with l4emill Lynch. Charlie l{ick gave a bnief explanation of the resolutlon notlng changes requested by counci I at the aftennoon wonk sesslon had
been nade. There was no discussion by Council or the publie. A Dotion to approve
the r€solution uas made by Herrnann Staufer and seconded by Eric Affeldt, A vote nas trk€n and the $otion passed unanimously 5-0.
r.
G.
I
.-r
I I
in
3-0,
in
The next item was Resolution No. 11, Series of 1986, approving th€ payrcnt to Eric
Affeldt for personal hudgeting class for Town enployees. chaplie llick gave
background infornation.on the resolution. L ry Eskwith gave details from the Tonn
Charter noting theFe u€re no conflicts. Aften a brief discussion by Council,
Hernann Staufep made a motion to approve the resolution- Gordon Pierce seconded the
notion. A vote was taken and the motion pasged 4-0, with Eric Affeldt abstaining.
Th€ seventh item |*as the consideration of the Fond Anphi theiter lease agriement ryith
the Vail Valley Foundation. John Horan-Kates di scussed the wopding of the lease
with the Council. He noted that first ten itens listed in paragraph 6 were alrerdy
funded and would be done this year. Jack Hunn gave an expl anati on of some
construction plans on the turphi theater. John Horan-Kates wanted to include a
section giving them the ability to take small groups of people onto site for fund
raising Burposes. AftEr a lengthy discussion wlth CounciI, Ron Phillips mad€ the
fol lowing wording suggesti ons:
1) Tel^m of lease changed from five years to one year. If the Foundati on dogs
not conpiete Phase I, the lease ffill terminat6, but the five year
rnaintenance Fequirement will still be in effact.
2J Lunches/p icn i cslperformances could be done before completion for func
rai si ng efforts .
3) Paragraph 6, first sentence to read "During the tem of this lease the
Foundation shall be pernitted t0 construct the folloring elements of the
Arnphitheatgr in accordance wtth plans approved by th€ Tot+n of Vail".
Efic Affel dt made a motion to approve the lease agreenent with the changes suggested
by Ron Phillips, and Hennann Staufer secondad. A vote was taken and the motlon
paisad 4-1, nith Dan Corc0ran opposing, mayor Pro Tem Rose suggested that Ron Phlllips, Larry Eskwith or he should approach the Upper Eagle Ualley ldator and
Sanitation District to drop the tap fees for the Amphitheater.
Has citizen Partlcipation. Sissy Dobson stated she as glad to hear thEre will
noof on the Amphi theater.
The Town lttarager's report was next. Ron Phillips not€d there was only one apglicant
so far for the Planning and Environmental Cormission opening and none for the Deslgn
Review Board. opening. Also, Tof Braun had been pponot€d to a Senior Planner in the
Conmuni ty Devel opnent 0€partnent.
Ther'a baing no furthei business, the neeting'adjourned at 8:55 p.m.
Resp€ctful ly submi ttcd,
ATTEST I
$ext
bea
Minutes taken by Erenda Chesnan
-2-
ORDINAN{,L, NU. ZU
(Series of 'l984)
AN ORDIIIANCE COMPREHENSIVELY AMENDING
SPECIAL DEVELOPMENT DISTRICT 4 P""f#d l ltl dS
0F THE Z0NING C00E).
I'IHEREAS, the developer of the Cascade V'i11age portion of Special Development
District 4 has requested a number of amendments to the approved development plan
and ordinance regulating Special Development District 4 which chanles it's substance;
WHEREAS, the proposal represents a sign'ificant private sector contribution toward
implementat'ion of numerous policies contained withjn the Cormunity Action Plani
and
I,,HEREAS, the Vail Town Council finds the amendments proposed are a positive com-
munity benefit, and
}|HEREAS, the Planning and Environmental Commission has recormended to the Town
Council the adoption of this ordinance:
NOt,l, THEREFORE, BE IT ORDAINED BY THE TOI,IN COUNCIL OF THE TO!'IN OF VAIL, COLORADO,
THAT:
Section 1
6/14184
SPECIAL DqVEL0PMENT DTSTRTCT 4
18.46.010 PURPoSE.
18.46.020 ESTABLISHE0.
18.46.030 DEVELOPMENT PLAN-REQUIRED-APPROVAL PROCEOURE.
18.46.040 DEVELOPMENT PLAN-CONTENTS.
18.46.050 PERMITTED USES.
18.46.060 CoNDITToNAL USES (AS pER CHAPTER 18.60
18.46.070 ACCESSoRY USES., : 18-46.O80 -.-DENSITJ-DWELLING UNITS.
18.46.090 DEVELOPMENT STANDARDS.
18.46.100 SETBACKS.
18.46.120 HEIGHT.
18.46.140 CoVERAGE.
18.46.160 LANDSCAPING.18.45.170 PARKING.18.46.180 RECREATION AMENITIES TAX ASSESSED.
18.46.190 CONSERVATION AND POLLUTION CONTROLS.
18.46.200 RECREATIONAL AMENITIEs.
18.46.210 ADDITIONAL Al,lENITIES.
18.HOUSI NG.
t'
A
B
f
D
18.46.010 PURP0SE
. _Special development district 4 is established to ensure comprehensive
development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space and recreational amenities..-and promote the objectl'ves oi'the ioning ordinance
AND C0${MUNITY AcrI0N PLAN F0cus 1985. speciat development disirict 4 is-crerted to ensure that the deve'lopment density will be'relatively low and suitable for the area and the vicinity in which it is situated, ihe*develop-ment is regarded as complementary to the town by the town couniil and the planning commission, and because there are significant aspects of the ipecial
development which cannot be satisfied through the imposition of standar.u zoning dlstricts on the area.
18.46.020 ESTABLISHED
t
A. Special deveiopment district 4
a_pn.feel_of land comprising 97.955 acres attached Exhibit A. Special Development
feferred to as ':.SDD4. t'
is established for the development on
qq nlorq particularly-degcribed in thg-Distrcif 4 and the 3l.gSS acres may be
{L
B. The district shall consist of four separate development areas, as identified in this ord'inance consisting of the fo1 lowjng approxinrate size:
Area Known As Development Area
Cascade Vi'l I age
Coldstream Condomi niums
Glen Lyon Ouplex Lots
Glen Lyon 0ffice Bldg.
Dedicated Open Space
Roads
Acreage
17.955
4 .00
29.10
1.8
40.4
4.7-
97.955
I
18.46.030 DEVELOPMENT PLAN-REQUIRED-APPROVAL PROCEDURE.
A. Before the owner corunences site preparation, building construction or other lmprovements within sD4, there shall be an approved development plan for sD4. Development of sD4 may be phased by development area and within'
development area, but a sufficient amount of informaiion shall be supplied with respeet to all development areas in order to allow the planning cormission
and town council to ensure the compatabil'i ty of any proposed development p'l an with the remainder of SD4.
B. Each development area with the exception of development area D shall
be subject to a single deve'lopment plan. Development area D shalt be required only to go through the design revjew process.
. - q. A proposed develop_ment plan for SD4 shall be submitted to the zoning administrator who shall refer the development plan to the planning conanissioi
and to_the design review board, which shall consider the pian at i regular'ly
scheduled meeting, and a report of the planning commission setting foith fts findings and reconrnendations shall be transmitted to the town council in accordance with the applicable provisions of Chapter 18.56.
D. Upon receipt of the proposed development plan and planning
comn'ission report, the town counc'i I shall determine whether the plan js
acceptable to the town in accordance with the applicable provisions of
Section 18,66.150 and 18.66.160. This determination by the town council shall
be made through its enactment of a resolution which incorporates the devetop-
ment plan as an officjal Town of Vail document.
E. The-approved deve'lopment plan sha'll be used as the principal guide . .--,for: a1'l development wjthin SD4. Amendments to an approved development-p1 an
. whjch do not change'its substance may be approved by the PLANNING AND
ENVIROI{MENTAL COMMISSION IN ACCORDANCE I,IITH SECTION 18.66.060 . 18.66.100 OF
Tl{E \IAIL MUNICIPAL C0DE. Each phase of development shall require, prior to
issuance of buj'lding permits, approval of the design review board in accordance with applicable provis'ions of Chapter 18.52.
(\
18.46.040 DEVELOPMENT PLAN. CONTENTS.
(
______fhg proposed__devel opment p1 an
following data:
A. A complete envjronmenta'l impact report subrnitted in accordance with
Chapter 18.56.
- 9.. Existing contours having contour intervals of not more than five (5)feet if the average slope of the site is twenty percent or less with contoir'jntervals of not more than ten (10) feet if the average slope of the site is gfeater. than twenty percent. Existing and proposed contours after grading for each phase.
__-^ Cr. A conceptual site plan, at a scale not smaller than one inch equals fifty feet, showing the locations and dimensions of all buildings and
structures with the exception of single-family and two-family structures,
uses therein, and a1'l principal site development features, sirch as landscaped areas, recreational facilities, pedestrian plazas and walkways, service entries, driveways, and off-street and loading areas.
D. A conceptua'l landscape plan, at a scale not sma'l ler than one inch
equals flfty feet, showing existing iandscape features to be retained or
renoved, and showing, proposed landscaping and landscaped site development
features such as outdoor recreational facilities, bicycle paths, tra.i ls,pedestrian plazas and walkways, water features and other eiements.
E. Preliminary buiiding sections and floor plans at a scale not smaller
than one inch equals twenty feet, in sufficient detail to determine floor area,gross residential floor area, general uses within the buildings, and the general scale and appearance of the proposed development for each development
area.
F. A proposed plan of parking, 'l oading, traffic circulation, and transit faci.littes; an{ a proposed.program for sat'isfyinq traffic and transportation
needs generated by the project
C. A vo] umetric model at a scale not smaller than one feet, portraying the scale and relationships of the proposed
the site and illustrating the form and mass of the proposed
development areas A, B and D.
shail include, but is not 'limited to the
{
inch equals fifty
development to
bui ldings for
!: A proposed program 'i ndicating order of construction phases, trans-portati0n facilities, and recreational amenjties.
: - I., A proposal reg-arding the dedication to the torrln or private owner-shiF and maintenance of that portion of the development area'wjthin the one-hundred year floodplain of Gore creek. In the event the one-hundred year floodplain is.not dedicated to the town, such lands shall be subject io a
figBt gf public access to Gore creek and the right to use a portion of the ,---laldr for a-bfcycle path, and for park purposes provided thai ttre locat'ion and use of the facilities and access shall be iletermined by mutual igreement between the town and the owner of the development areai involved.
18.45.050 PERMITTED USES.
Single-fami]y residential dwelling shal'l be permitted uses in development area D. Two famity 9y.]lings,-resr'dential clustei^ dwellings, and multiplb
t'
family dwellings shall be permitted uses in development arias
Profes 95 r.
ha-
18.46.060 CONDITIONAL
A. MAJOR ARCADES
OR I-IALL AREA.
USES ( AS PER CHAPTER 18.60 OF THE ZONING CODE).
|{ITH N0 FR0NTAGE 0N ANY PUBLIC l,lAY, STREET, I^IALKWAY
B. PUBLIC PARK AND RECREATIONAL FACILITIES.
C. SKI LIFTS.
18.46.06s 0FFICE USE
NO PROFESSiONAL OR BUSINESS OFFICE SHALL BE LOCATED ON STREET LEVEL
OR FIRST FLOOR (AS DEFINED IN SECTION 18.24.030(A) OF THE ZONING CODE)
_
If.I AREA A UNLESS IT I5 CLEARLY ACCESSORY TO A LODGE OR EDUCATIONAL . INSTITUTION.
18.46.070 ACCESSoRY USES
A. The following accessory uses shall be permitted in development areas A, B and C:
1. Home occupations, subject to issuance of a home occupations pgrTit-in accordance with the provisions of sections 19.s8.130 through
18 .58. 190 ;
2. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereoi.
3. Attached garages or carports, private greenhouses, swimminq poo1s, tennis courts, patios, or other recreational facilities
customarily incidental to permitted residential uses.
{
I {
B. The fol'low'ing accessory uses shall be permitted in
C only:
. Attached garages or carports, private greenhouses,
tennis courts, patios, or other recreat'ional fac'i lities
incidental to permitted residentiql uses.
C. In additjon, the following accessory uses shall be
ileVEloprnent areas A and Bl
Sw'imming poo1s, tennis courts, patios, or other facilities customarily incidental to permitted or
necessary to the operation thereof.
D. The following accessory use sha'l I be permitted
Minor arcade (0rd 6, 1982).
develognent area
swimming pools,
customari 1y
permi tted 'in
recreational
conditional uses, and
in Development Area A:
18.46.080 DENSITY.DVIELLING UNITS.
The number of dvrelling units shall not exc.eed the following:
18.46.081 DENSITY-FLOOR AREA
In Area C, any s'ite
shal I not exceed 407 of
(GRFA) .
containing two
the al lowable
dwelling units, one of the units total gross residentia'l floor area
(r
PROJECT
COMPLETED PROJ,ECTS fiTNFffiAT-
Millrace II
llestin Hotel {Z/unit) 148
Al fredo t s
Cafe
18.46.089 COMPUTER PRINT-OUT TABLE AS REVISED
ACCOM DIdELLING
UNTTS,, UNITS SF GRFA SEATS
o t
PARKING REQM.
Non-sTruE'TTr['c
(sf )
COMMERCiAL
28
25
16
1,4
20,000
1.7,534
1,250
-2.4aa-
15,870
3 ,111
4,220
4,792
879
1 ,387
22 ,500
55,000
6 ,399
.|
8 ,333
t 9,500
I9,500
9,500
6 ,500
1.l,200
49,2?7
900
20,000
17,534
55,457 r15
104
74
B Llttle. Shop
Pepi Sports
CMC Bui ldi n{t
Cascade lJing (2/unlt) B
Compass Rose
Cascade Theater
Col lege-Classrooms
Col I ege-Offl ce
Meeting Room 2J
PROPOSED PROJECTS Fes[EavenEnaos 25
Terrace lJing
Guest Rooms (2/unit) 120
Retai 1
Plaza Building
Guest Rooms (2/unit) 40 Condomlniums 15
Retai I /0ffl ce
Conference Facil.-Net
Millrace tII 3
Millrace IV I
l'lansf i el d V'i 1
'lage Condos 45
lrlestin Additions
Retai'l -Accessory
Cafe Expans{on
Rumours Expans'ion
Cascade Club
Retai 1-AccessorY
Restaurant,
0ff{ces-Hel I ness Center
Cascade Court
Retai l -Ski er Accessorry
Guest Services
1.5,870
80
275
319
22 ,500
55,000
t 8,333
l9,500
633
6,500
ll,200
49,?27
l6
8
28
40
4
33
30
63
40
3,111
4,220
50
I
l6
84
103
2T 6 ,3gg
19,000
308 * ? ]34
=154
I,025
945
2,160
522 36,860
(minus O6 (muttiplc
use) i2 .5Y"1 =
456 requjrement.
1,025
945
2 ,160
z,000
2,000
4
B
9
280,053 291 ,l2l 1,493 2il
(,
DEVELOPMENT CONTROLS
Original Parcel
Robbins Farcel
Cosgriff Parcel
I
Area
(Acres )
(
GRFA
('-1s)
256,437.
18,752
L5 ,932
291 ,121
Uni ts I6 d.u./Acre
252
19..68
16.72
288.4
15.68
r.23
1.045
r/.ylJ
18.46.090 DEVELOPMENT STANDARDS
The development standards set out in Sections 18.46.100 through 18.46.210 are approve{ b.V tle town council. These standards shal'l be incorp6rated into the approved development p1 an pertinent to each development area to protect the integrity of the development of SD4. They are minimum deve'lopmeirt
standards and sha-l 1 apply unl,ess-rnor:e restri,etive-stand+rds-are,incorporated in the approved development p'lan which is adopted by the town council.
18.46.100 SETBACKS
- Required setbacks shall be as indicated in each development plan with a
minimum setback on lhe ngrlRheqv of the property of not lesi than'twenty feet,
}'|ITH THE IXCEPTION THAT THE SETBACK REqUIREMENT AOJACENT TO THE PARKING STRUCfURE/
ATHLETIC CLUB BUILDING SHALL BE TI^IO FEET AS APPROVED ON FEBRUARY 8, I9B2 BY
THE PLANNING AND ENVIRONI.IENTAL COMMISSION.
18.46.120 HEIGHT
IN AREA A, THE MAXIMUM HEIGHT FOR THE FOLLOI,IING BUILDINGS SHALL BE 7I FEET:
}IESTIN HOTEL, CMC/LEARNING CENTER, TERRACE I^IING, PARKING STRUCTURE/ATHLETIC
CLUB' PLAZA BUILOING. THE REI'{AINDER OF BUILDINGS IN AREA A SHALL HAVE A
MAXIMUM HEIGHT OF 4B FEET.
IN AREA B, T}IE MAXIMUM HEIGHT SHALL BE 48 FEET. IN AREA C, THE MAXIMUM
HEIGHT SHALL BE 33 FEET, IN AREA D, THE MAXIMUM HEIGHT SHALL BE 38 FEET.
HEIGHT SHALL BE AS OEFINTD IN SECTION 18.04.170 OF THE VAIL MUNICIPAL CODE.
18.46.140 CoVERAGE
In areas A and B, no more than thirty-five percent of the total site
area shall be covered by buildings, provided, if any portion of the areas is
developed as an institutional or educational center, forty-five percent of the
area may_be.covered. In areas c and D, no more than twenty-five percent of the total site area shall be covered by buildings, UNLESS THE M0RE RESTRICTM
STANDARDS OF CHAPTER 18.69 OF THE VAIL MUNICIPAL CODE APPLY.
18.46.160 LANDSCAPING
At least thc fo] l.owing proportions of the total development area shall be
landscaped as provided in the development p1an. This shall'inc]ude retentjon of natural landscape, if appropriate. Areas A and B, fifty percent and areas c and D, sixty percent, of the area shall be landscaped.
(,(7
I8.46.I70 PARKING
. 0ff-street parking shall be provided in accordance with Chapter .18.52, except that seventy-five percent of the required parking in Area A shal'l be:located vritilin
the main building or buildings. USING THE DEVELoPMENT TABLT IN SECTI0N 18.46.089,
THE I'II}IIMUM PARKING REqUIREMENT FOR AREA A SHALL BE 456 SPACES PLUS Tt,lO SPACES
PER t}t,'ELLING UNIT FOR MILLRACE CONDOMINIUMS, WISTHAVEN CONDOMINIUl4S AND MANSFIELD
VILLAGE CONDOMINIUMS. AT LEAST TEUE}IIY-FIVE PERCENT OF THE 456 SPACES SHALL BE l'llTHlll A PARKING STRUCTURE. THERE SHALL BE A MINIMUM 0F 435 SPACES IN THE MAIN
PARKII'IG STRUCTURE AND A MINIMUM OF 15 UNDERGROUND SPACES IN THE PLAZA BUILDING.IF THE DEvELoPMENT TABLE IN stcTl0N 18.46.b89 IS AMENDED, THE PARKTNG REqUTREMENTS
SHALL BE AMENDED ACC0RDINGLY. In areas B and D, 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 ber"m.
0n-site parking shall be provided in Development Area A for common carriers providing charter service to the developmep_t._ -BqS pqrking s.hqll be i_ndt_cAted _on the developnent pl an. No parking or loading area shal 1 be located'in any required front setbacK area, UNLESS SUCH PARKING IS LOCATED NOT I.IITHIN A STRUCTURE. NO
CERTIFICATE OF OCCUPANCY SHALL BE ISSUED FOR THE TERRACE l,lING, PLAZA BUILDING,
ATHLETIC CLUB OR EXPANSION OF THE t.lESTIN HOTEL OR CMC/LEARNING CENTER UNTIL THE
PARKING STRUCTURE CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED FOR THE ENTIRE FiNISHED
(AS APPROVED) PARKING STRUCTURE.
I8.46.I80 RECREATION AMENTIES TAX ASSESSED.
The recreational amenities tax due for the development within SDD4 under
Chapter 3.20 shalI be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A and a rate not to exceed fifty
ceats per square foot of GRFA in Development Area B; and at a rate not to dxceed fifteen cents per square foot of GRFA in Development Area c; and at a rate not to exceed seventy-five cents per square foot in Development Area D; and shall
be paid in conjunction with each construction phase prior to the issuance of building
permj ts.
18.46.185 LEFT.TURN LANE.
THE DEVELOPER SHALL PARTICIPATE Iry A 5TUDY (INITIATED BY THE TOI,IN OF VAIL)
TO DEVELOP A REASONABLE PLAN FOR A LEFT TURN LANE ON THE SOUTH FRONTAGE ROAD.
I8.46.I90 CONSERVATION AND POLLUTION CONTROLS.
A. Deve'loper's drainage plan shall include provis'ion for prevention of pollution
from surface runoff;
B. Developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of consfiuction.
C, NO I,|OOD-BURNING FIREPLACTS/WOODSTOVES SHALL BE ALLOI^IED IN ACCOMI4ODAT]ON UNITS.
D. If fireplaces are provided within the development, they must be heat efficient . through the use of g'lass enclosures and heat circulating devices as technology
exlsts at the time of develonment.
(r
I
18.46.200 RECREATIONAL AMENITIES.
The approved development plan shall include the following recreational
ameni ti es :
Bike and pedestrian path traversing property from east property
line to west property line shall be provided by developer with exact
location to be mutually acceptable to developer and town council.
18.46.210 ADDITIONAL AMENITIES.
A. Developer shall provide 0R l^l0RK l,lITH THt T0WN T0 PROVIDE adequate private transpoftatjon services to the owners and guests of the development
so as to transport them from the development to the village core area and
Lionshead area as outlined in the approved development p'lan.
B. Developer shall provide in jts approved development plan a bus shelter of a design and location mutually agreeable to developer and town council.
Sald shelter to serve the area generally.
I8.46.220 EMPLOYEI HOUSING.
ON A YEARLY BASIS A CONTRACTUAL AGREEMTNT BETI'IEEN THE EMPLOYER AND THE
DEVELOPER SHOI.,ING EVIDENCE OF EMPLOYEE HOUSING THAT IS SATISFACTORY TO THE TOI,JN
OF VAIL SHALL BE MADE AVAILABI-E TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT.
previous ordinances amendi ng specia e ioprnerrI
Section 3.
lf any part, section, subsection, sentence, clause or phrase of this ordinance iS
for arry reason held t0 be invalid, such decision shali not affect the validity of
the renaining portions of this ordinancei 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, sentencesr clauses or phrases be decl ared invalid.
Section 4.
The Town council hereby finds, determines and declares that this ordinance is
necegtary and proper for the health, safety and welfare of the Town of vail and
the inhibitants thereof.
Section 5.
The repeal or the repeal and reenactnent of any provisions of the vaii Municipal
code as provided in this ordinance shail not affect any right which has accrued,
any duty imposed, any violatiion that occurred prior to the effective date hereof,
any prosecutlon conrnenced, nor any other action or proceeding a5 comnenced under
or by virtue of the provision repealed or repealed and reenacted. The repea.l of
any provislon hereby shall not revive any provision or any ordinance previously
repealed or superseded unlesg expressly stated herein.
\
Sec
This ordinance hereby repea
District 4.
INTRODUCED, READ AI'ID PASSED ON FIRST READING THIS 19th dAY Of
1984' and a public hearing shall be held on this ordinance on the srd d6y
of Jsly , 1984 at 7:30 p.:n. in the Councii Chambers of the Vail
l,lunicipal Building, Vail, Colorado,
Ordered published in full this 19th day of Jne 1984.
I
ls all
o
I Dev
June
II{TR0DUCE0, REA0 AND AppRoVE0 0N sECoND
_hy il tl e gnlv th'is grd day
READING AND ORDERED PUELISHEO
of Jul y ,1984.
4
rF r(o
EXIIIBIT NA"
KOELBEL PROPERTY
DEVELOPMENT AREA A
Vai 1-Ro se 12.370
of Section 12,6th P .l'1. . d.escribed as
A part of the St{ 1/4 Township 5 South, Range 8I l{est follows:
NE 1/4 of the
l - Beginning at a point on the west line of said SW I/4 NE l/4 from erhich the Nortir one-quarter corner of said seclion bears North 0015, Easr_ 2269.-48 f ,i.il iir.nce North 0ol5, East,alonq said West Line,--1!2.19 feet to i-point on the southeasterly right of way line of U.S. Highway Ho. 6i thence. along said Southeasterly right of way line,-as follows:
North 52027' East, 102.3I feet;North 49020' East, 5L9_57;feet; and North 49013, East, 549.09 feet, more or less, to a point on the North line of- said Sw I/4 NE I,/4; ihence North g8o3ir East, aLong. the Norrh. Iine of said sn fia Ns, ie-ti-t""t, -rJi" o"less, to a point on the centerline oi Cb.u Creek; thence, aLong the centerline of core Creek, as foLLows:
South 36049, West, 101-04 feet;South IBo21 ' West, 54-08 feet;South Lo24' lfest, 205.02 feet.sourh t2oto' wesi, rio.is-i.J[; ."a South 28041, west, Z4Z.3S feet, thence South ?5015,West, 1064.10 feet to the poi-nt of beginning.
Rose ParceL 3- r90 acres
A rract of Land situated in the SWkNEk of Seetion 12,TP 5 S.1S. qI w., gI the 6rh p.!4.. tying Sourherly of rtrii certain tract of r-and describei-in Book 199. -nag6 rgz, lroiinerry'"ia r'resterly of the center line of Gore cre6k, and lying Northerry and Easterr-y of those certain tracts described in so6[ hi-ai"ilge roe,Book 21I at page 108 and Book 215 at page SSS, de;cill"i-_r-'folLows r
Beginning. at a point on the North_South center 1ine of said section 12 !./hence the ttorth quarter corner of said section 12 bears N. 00oI5' E. 2269.49 feet:thence N. 75015' E. 346,26 feet to the true point of beginning'_said point being on the south rine of that *;;t describedr in Book 199, pase r9z and which bears s. 08026i-E.--iioilli-r""t from the Nor-th guarter corner of said Section 12,thence N. 75015' E. ZI?.94 fee! along the Southerly line of that tract described in Book 199, eage r97 to the cenrer of Gore Creek;
thence S. 29041' ?q- IjO.6l feet along the center line of said Creek;
thence S. 05024,30" E. I04,50 feet along the center line of said Creek;. thence i. aSoZS' W. 95.50 feet along the center line of said Creek;. thence S. ZZo34t W. 124.47 feet along the center line aF <:id /'raaL.
thence s. 54000' W. 119.34 feet along the eenter line of said Creek; to t'he Southeast corner of that luil.i"-tru"t' ":Land described in Book !J.1, page 10g;thence N. 33"16'30" W. I40.12 feet along the Easterly Iine of that tracr described in Book 2lt at page ldg;thence N. 5?042,30" w. 169.gB feei ;to;;-irhe Northeasterlv line of^!n1l !:ger described-in g""j.'"zii-at page r0B;rhenc€ N- 86402'30" w. .-62.92_reer atonq-ir,"-H"i[it".ry rine of rhose tracts described in Book 21r ;a p"s;'to-ii-dJi-lrr at Paqe 106 to a point;
thencc N. -32057'30" Dt. ?6.08 feet alonqr the
I::.h-.i=_.:liy^lil"^?f. thar rracr described in Booi iis at naqe Jb5, to the point of beginning.
hl '*e {'r .p
lu 2
J a
U q F\
l',4
&
coN;ItD
AND
O@
A1l that part of the SWkNEk of Section 12, J.ying Southerly of the center of Gore ereek as shown on lfru ifut-o" iife f"-in"-9!f19" of the Eagte County Clerk ana necoraer as Document No.97489, described'as folloi.rs:
Beginning a! !!: Northeasr corner of said SwlNSh,thence south 88o33t west 13r.67 t""i [o-i point in the center of said Creek;thence south 40o09'| west 94.04 feet ar-ong the center of said creek;thence south 1'o2r' west 54,08 feei "i""i trt" center of said cree)c;thence south 1oR4, West 205.0A feet "i""i tfr. center of saidt creek;thence south r2"ro' west tt0.2s teet ii-ng the center of said creeki thence South 28041' W.st 320.00 feet;thence South 5024,30', East, fZO.OO ieet al.ong the center of said
thence South 27000'02,' Vtest 95.24 feet along the center of said creek;
thence South 54000r West 259.34 feet along the center of said creek i thence South G5o34' West 109.62 feet along the center of, said creek ;thence south 69004' wes! 185.13 feet arong the center of said creeki thence south 85025' I:"1 !g.gg leer atong-the centei or-siia-creer;thence North 77036' west 26.96 feet aloni tne cencer ot sata creek;thence North 50o32r west 199'19 feet al.oig the center of said creeki thence North 38040' west 239.09 feet along the center ot ,iia creeki thence south 76035' west 89.91 feet ar.ong-the center ot-siia-ereex,.to a point on the westerLy Line of said 6wlNEk;thence south 0ol5t west 4G1.90 feet to the center of said section rz;thense North 89.02r East 1382.65 f."t-"io"g the Southerly line of said swkNEt to the southeasr corner or sai6 iwilrati-"---, *-"
thence North 0006r East 1394.32 feet along the eaiierly line of said swkNEt to the Northeast corner of said swiNEt. tt" poiit-"i-beginning .
AIID
The 1{WkSEN of Section 12, Township 5 South, Range gl'wlst of the 6th P.M. t
AND
11L- that oart of the SEkNlik of section 12,,Township 5 south, Range g1 Wesr of the 6rh p.M.. lving sourherry 6r trr" d"itir.ilv-iiqilr "t $ray.l.ine-"I.U-1. IiSl*.V No. 6, as showir on rhe plar on ifie'in *c ottr-ce of, the Eaqle county crerk and Recorder as Document No. 974gg,described as folior"es,
Begibning "! llrF Southeast corner of said SXkNltt;thence South 89o02r west 836.95 feet along the Southerly line of
,said SEkNwk to a poinr on the sourherty right of way iiie-if-saia nr.gnr'ray i
f
I
@
@
thence North of, way line
sEtNWt,
thence south
SEkNWk to the
beginning;
52035, East 1057.Cr? feet along the Southerly riglrt.of said highway to a point on ihe Easterly rine 5t satC
0ol5' West 628-21- feet along the Easterly line of said southeast corner of said SEkNI{k, the point of
EXCEPT T}IE FOII,OWING :
thai part descri.bed in Book
that part described in Book
188 at page
Lgl at page
545;
24r;
23t;that part described in Book 203 aC page
t rt
I
I[INIT1BS
VAIL $OITN COUNCIL
TUESDAY, JIJNE 19,
7:30 P.U,
A regular neeting
Juue 19, 1984 at
UEDTII'IG
1984
of the Vail
7:30 p. m. in
I.IEIIBER.S' PBESENT:
OTITER,S PBESENT:
Town Council-.wa6 held on Tuesday,the Courcil Cbambers.
Rodney E. Slifer, llayor Paul Johnston, !trayor Pro-Teul
Chuck Anderson
Kent Bose
Colleen Kline .
Eermann Staufer Gail Wah"lich
Rj.chard CapLau, Town Uanager Larry Eskwith, Torn Attorney
Pam Bf,andmeyer, To$rn Clerk
The first issue on thd agenda was BesoLution #12, Serles of 1994,a aeaol"utlon accepting dedi.cat ion of certain parcels of i.and by Vall Assoelates, Inc. to the Town of Vail, paul Johnston Eade a.trot:on to approve Sesolution #L2, ae aaended to exclude parqels 1
a.nd 2 a,nd to re-nunber remaining parcels, rrhl.ch wes eeconded by Chuck Anderson. A vote was taken and the notioa unantmouslv pEased.
The nent itetr on the agenda uas tbe appeal of tbe pEC decision regarding the Coucert HaLl P1aza Expatslon. Mayor Slifer read a letter received earlier in the day from Mr. SeLby, the appelant,withdrawj.nB his appeal .
The third ite@ rea6 the f i:"st reading of Ordinance #11 , Series of 1984, an ordinance setting forth provlslons for the protection of tbe inhabitants of the Town of Vail from geologlcal hazards. peter
Patten reviewed the language of the ordinauee, T,here were some questions as to what was arl acceptable leve1 of safety. Larry Eakwith iudicated that "reasonabl€r' might be used to replace
"qcseptab1e". Peter Patten iuforned Councll that Arthur Meers has been authorized to update the bazard rDap. The work lras begub, but it is, of course, not. completed. Mr. Jay peterson, atto"ney representing Lionsridge Flling 3 owners, said that the current hazard nap is very nuch out of alate. The people he represents have mitigated the dan g_er but are still on tb€ flap as a hauerd area.IIow wlll these property owners be treated uoder thls ord.inance?flilL they again ha.ve to go through the whole process as -deflned ln the ordlnance, as they have already done all the 6tudies? Ron Todal,
a,l.so repreeeuting the Llons"ldge Fl1i.ng 3 owners, roentloned that the 1977 rnaps have Eot been adjusted to refleet mitlgation and the current legislation should be based on current data, Arthur M6ers,wbo has been hlred to update the rnaps, has sald tbat the 1g?? maps \rrele very prelimina?y, based on aerial photos. Since then, a lot of new thLbgs have been learned. Rick Pirog, a rnernber of the Vail Board of Aea,ltors and on'ner of a Balcl lfiouDtain Towbhome, sald that the peopLe affected by the ordinance shoutd be involved. The VaiI Board of Realtors has soliclted the services of a zoning Ettorney and is veay wiLLing to work vrith the Couneil and staff on this metter.ceorge Eallenbeck sal.d that there seemed to be e high 1evel of bostllity tolra.rd the o"dlnance; no-one has come out in favor of lt.[e need Egne nore input from outslde sou]ec€a. Dlane Doaovan said that the lack of people in the room was evldence that the ordinaace should be passed. There is also an obligation to 1et non-resident own€rs know that hazards do exist in the a.rea. After much general discussi.on, Kent Rose tnade a motion to table Ordinance #11 unti]approxirtrEtely septenber, when $e recelve updated map and that thF
Town AttorEey be soliclted to get mor€ input. Gail Wahrlich secbnded the motion. A vote was taken and the motion paesed 5-2, Mayor Slifer and Paul Johnston opposing.
't*
t t '1
Minutes Vail Town Council Meeting
Tuesday, June 19, 1984
Pg,ge 2
Cbuek AnderBon made a notlon to direct the Co !0unlty Development
Depaf,tm€nt to contilue to use the guldelineF of the energency
. ordinaace concerning hazard areas until further notice, which was
sesoaded by llernann Staufer. A vote was taken aad the ootion pasaed unanlmously.
Tbe next item on the agenda $ras the appeal of pEC decision on poraro
Wagon. Pete" Patten presented tbe appeak, saying that the Zoning
Code allows for appeal of a Cunmrtrity Developnent Departsrent inter-pretatlotr of the Zonlng Code. The is6ue is whether or not the proposed is outside veDding. Vail Associates rould lease potato
Wagons from Buck Latourneau's company to sell potatoes. The st&ff had made the determination this Fas an outside vendlng facility,After nuch discussion regardlng the locatlon of the wagons and how they would be used, lt seemed that'there $Bs possibly a nisunder-etanding by staff on the request. It now b€came elear that tbe n,agons were only to be usbd at VA's currently exlsting food facilltlea such ag the barbeques at Golden PeaJr and for thls no permission was needed. Chuck Andelson made a Eotiofl to overturn the pEC decision,whloh wa6 aecolded by Hermann Staufer.A vote lpas taken and the motion passed unaninous Iy.
The next ite$ on the agenda saB tbe appo int urent of a liquor License Autborlty member. The term of Lew tr[eekinen is expiring and he has decided lot to run again. The only appllc&nt, Colleen Mccarthy, was lntervierBed during the councilts aftef,noon rrork sesslon. paul
Johnston moved to appoing ColleeD Mccarthy to the tiquor License Autborlty, whlch was seconded by Colleen Kline, A vote n'as takeu and the noti.on passed utaninously.
The neat item otl the agenda 1{as the Toa,n Manag6r's report.l[ayor Slifer mentloned that this nras Blch Caplanrs last pub].ic
meeting as Town Manager. Mayor Slifer atated how much we bad atl appreciated Rich Caplanrs efforts over the last flve years a,nd how he wa"s leavlng behind a very gualifled and dedicated staff. Rich Caplan then spoke about the goal-s he had when he started the Town
Man&g:er job. The first n'as to leave the Town with an organization
a t,.
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a
Minutes Vail Town
Tuesday ,Page 3
Council eeting:
June 19, 1984
As there f,'as Do
1O:45 p. n,
in.better sh&pe a.n d the aecond was to leave it in better flnancial condition. Hard work helped acconplish both of these goals,
The Town Attorney had no report.
fuf,ther business the meetiDg was adJourned at
Respect fuLly submitted,
ATTEST :
,,,,.1'
?i3,rTli'5,-#h I
AN ORDINANCE OF THE TOI.IN COUNCIL
AMENDING SPECIAL DEVELOPMENT DISTRICT
NO, 4 TO PROVIDE THAT THE TOTAL GROSS
FLOOR AREA FOR USE A5 PROFESSISIAL AND
BUSINESS OFFICE SPACE IN DEVELOPMENT AREA
D I4AY BE INCREASED FROM IO,OOO SQUARE
FEET T0 13,000 SQUARE FEET; AND SETTING
FORTH DETAILS RELATING THERETO.
I'IHEREAS ' the Town councl'l has previousry approved Special Deveropment
Distrlct 4, comnonly known as Cascade Village/Glen Lyon Subdivision, to
insure its planned and coordinated developrnent in a manner suitable for
the area in which it is situated; and
I,IHEREAS, the Town Counci'l ls of the opinion that the existing
Developnent Area D possesses characteristics making it appropriate to
increase the total .gross floor area for use as professional and business
offi ce space; and
HHEREAS, the Planning and Environnental Comnission has reviewed
sajd amendrnent to Special Development District 4 and recormended its
approva'l;
NOI,I, THEREFORE, BE IT ORDAINED BY THE TOl,\lN COUNCIL OF THE T{)I,IN
OF VAIL, COLORADO THAT:
Section 1- Section 18.46.050 of Special Development District
4 ls amended to increase the total gross floor area for use as professional
and business office space from 10,000 square feet to 13,000 square feet
so that it reads;
18.46.050 Permitted uses
Single*famfly residential dwelling shall be permitted uses
in development area C. Two family dweliings, residential cluster
dwellings, and multiple family dwellings sha11 be permitted uses
in development areas A and 8.
Section 2. If any part' section' sub-section, sentence, clause or
I
i
I
i
l
I
lal
ftE G'F iu
=ah 3{
rir I
i
phrase of this ordinance is for any
shall not affect the validity of the
and the Town CouncJ I hereby declares
and each part, gection' subsection,
reason held to be inval irr,
remal ni ng portlons of this
it wouid have passed this
sentence, c lause or phrale
such decision
ordi nance;
ordi nance,
thereof,
* iF't'"'1-;'1Y*
,o (
Page 2
regardl ess 0f the fact that any one or more parts, sections, sub-sections,
sentences, clauses, on phrases be declared invalid.
sej-ti on 3, The Tovrn Council hereby finds, detennines, and declares
that this ordinance is necessary and proper for the health, safety and
welfare of the Town of Vai.l and the inhabitants thereof.
section 4. The repeal or the repedl and reenactnent of any provision
of the Vail Municipal Code as provided in this ordinance shall not affect
any right which is accrued, any duty imposed, any vio'lation that occurred
prior to the effective date hereof, any prosecution conmenced, nor any other
acti on or" proceeding that has c uffnenced under or by virtue of the provisions
repeaied or repealed and reenacted. The repeal of any provision hereby shall
not revive any provision of any ordinance previously repealed or superceded
unless expressly stated herei n.
INTROU.|CED, READ ON FIRST READINC, APPROVED ANO ORDERED PUBLISHED
ONCE IN FULL THIS 6TH DAY OF APRIL, T982.
ATTEST:
ffi
INTRODUCED; RDAD A]TD APPROVED ON
PUBLISTiED Bv TITTB ONLY this 20th day
SECOND READING AND OBDEBBD
of April, 1982.
(
ATTES?:
'r
.l
:l
fii"tfhssn";r,Tffi-"
7:30 P.M.
On TueBday,
held 1n the
Aprj.I 20, 1982, a regular meeting of tbe Vail Town Couucil was Val1 Municipal Building Council Chambers.
PBESENT: Bill Wtlto, l[ayor Pro-Tem
Chuck Anderson
Paul Johnston
Ron Todd .
Gail Wahrl ich
UEUBERS
ABS NT :
OTflENS PRESENT :
Rod Sliier, Mayor
Hermand St&ufer
Richard Caplan, Town Manager Larry Rider, Town Attorney
Colleen Kline, To$n Clerk
First ltem on the agenda was the presentation of a ten-year employee servlce award to Dennls Jerger, uaintenance supervisor, at tbe lce Arena. Dennis was preaented with a silver belt buckle for bis years of servlce by Mayor pro-Tem Bill Wilto.
$econd iten on tbe agenda was a presentation of the 1983 $orl-d cup ski Race p"'sented by John Uoran-Kat€s of Vail Associates. John gave an outline of w" c the face would mean to the Town of vair aDd ai;time table of events to establish where the race would be held. Tbe council vras asked to give their support and to give a tentative comlitment of $15,000. from the 1gg3 Budget to help witb the cost of the race. There was nuch discusslon that folrowed.A motion wa6 made by Ron Todd to give the Vail Associates conceDtual approval of, the 1983 $orld Race al1d tentative committnent to th; g15,0o0.
requested, pe')ding sal.es tax figures for the remalbder of the year and the final 1983 budget. Tbere $as some discussion following the uroiion. Gail wahalich stated that the vRA should be cautioned that this non6y allocatlon nay affect what sontributions the Town woul-d. make to the VRA neit year. A vote was taken and passed unanimously.
?he neJ.t item on the agenda w4s the second reading of Ordinance #6, Series of 1982, an ordinance related to the estabLisbmeni of arcades in Vail. Mr.caplan stated that there were no changes to the ordlnance from first reading.Ms. sam Pbillips fron surnmer Mountain presented the council with a proposed-anendaent to the ordlnance she would like to have put into effect relating to the setback all0wances for the arcades. Gail lyahrlich stated she felt tbat the second "Wbereas" should be atricken from the ord.inance as it was repeated in the body of the ordinance. After some d.i"scussisn Ron Todd stated t' t he felt the ordinance was too restri.ctlve and tbat he would vote against i'. Paul Johnsto! made a motion to approve Ordinance #6 on second readine tc)includ6 Wabriichrs.ameddment to striks che second ,'Whereas" and to include ' the ameodment of San0 Pfrltlips. Gail Wahrlich seconded the mcition. Thd,re raa aome discussion. A vote was called and the rootion wa6 defeated 3 -.2.Anderaon, Wi.1to and Todd opposing. A secoDd notion vas made by Chuck
.Anderaon to approve Ordinance #6 with the ametrdmeut of ahrlich only.( tfelrlich seconded the motion, A vote was taken and the Eotion passed \--B E*{- wilro and Todd opposing.
The next iten otr the agenda was the flrst reading of Ordinance #11, Series of t982, an ordinance amending the Munlcj.pal Code of the Town of Vai.l in I atlon to hei-ght limitations ilr comlerci&l core r. Dick &yan presented
t^..e ordiaatoe to the Council. He st4ted tbat the ordinance !ave- a good Folution for building heights in the core and that it has boih stafi and PEC approval. After aome diacussion Paul Johnaton made a notlon to approve otdinanee #11 on first reading and Eon Todd secondeat lt. All voted la- favor and-tb€ motion passed unanimously and tbe ordinance wa,s oralered published in fu1l.
1
flitlb;:s'tl ,u,,
Pa.ge 2
The next item on the agenda was the first rea.ding of Ordi.nance #12, Serles c 1982, an ordj-nance relating to the construction of a helipad ln the Town o:r vail for emergency aBd/ot collmunlty uses. DicN Byan presented the ordinance to tbe Council. T!'e proposed site for the helipad ard the propoaal n'ilt be coelng befor€ the Plannlng and Environmenta.l cormission sometig|e in ![ay of 1982. Tbere was sone dlscussion. It was deternined that the comniunitv use6 0f the belipad would have to be approved by the Fire Depsrtmeni, p6rice
Departmeat or Toqro Manager's office. paul Johnston made a moti_on to approve ordinance #L2 on first readlng and cbuck Analeraoo secoaded i.t. a vote waa taken e.nd the motion pessed uaanimously and the ordinerce was ordered publ.l6hed ln. full on flrat readlng,
under citizen Participation, !1o steinberg asked.the counci] to reevaluate the dog leash ordiuance as there had been numerous dogs running loose in the vi1lage. ltr, capran stated that this would be a discussion :.tem ot a work Besalon iD June.
Martsa Moeer expreased ber
rpere to be unpaved. BllL
cussion.
support of a blke path in Se€t VaiI even if it Wilto stated that this item nrae stlll under dis-
al.t announced the Fun Run for Chtldren would be held in VatI t-Tm .Ih-e age groups are 3-Z and ?-18 ,
llarka l[o6er announced tbat Cleaa Up Day eitl be held Uay gth.
The next itero on the agenda was the appeal of tbe DRB decision on Lot 26,Bl-ock ?, vail vlrlage Ftlst Flring. Rort slifer. stated that the council had visLted the site today in their work session. A presentation was msde by Peter Looms, the architect, and Bob Ruder, the contractor. After aone discusBion, a motion was nade by Ron Todd to ovef,turn the DRB d.ecisi.on and applove the pxoJect. Chuck Anderson seconded the motion. A vote wa.s taken and the motion passed uaanimously.
Th€ next ltem on the agenda was the dlscussion of tbe bua idling ordlnance.paula Pa.knateer voiced ber eoncern of dlscouragi.ng eharter. bus iervice to vaiL over one iaolsted problem. Jon Eberle, public trorkF Dlreetor, stated he feLt the problem had been solved 1n this particular case. rt was felt that a solution had to be reached before the beglnulng of next ski s62,gen so that the council had some Leverage ln de{ling 61th the probtem 1n the future. Bill wi.lto suggested brlnging back the ordina.nce in october for revl-ew for th€ vrinter season. Paula..palmateef stated tbat she would brlng up the probelm a.t the next Lodging conmunity meetlng the vRA held and that s would be ffilling to work nrith tbe ?ofln in coming up with a solution to the pxobeLn.
Bi-lr^Ivlrro recognized. former counci.lmembers ln attendaace at the mebting -ton Steinberg; Paula Palmateer and Bob Rude!,
gnder Town Mana,ger Report, Rlch caplan stated th8.t the Denver sater Departtreut would be issuing a statement at a meetlng in Eagre next ruesday aftern-oon re-garding Eagle-Piney.
The hospital will be sponsoring a Human Resources oleetlng on d.rug and arcohol abuse on May 11 at 7:3O p.m. in the Councit Chambers.
The arterial business district ordinance has been ta.bted and s€nt back to the PlanniDg 4nd Envlronmental Comnisslon for study,
The croai.ng on land in East valr purchased from Eaton IJaDal and cattle co.has been postponed until- trext week d.ue to a discreps.ney ln snow reEoval reeponsibi l it ies .
t
a
UINUTEO
VAIL TOTN COIINCIL
Tuesday, April 20, 1982
Page 3
I re fl&s no Tonn Attorney Report,
Bill Wilto wlshed nlch CaDlan qell on to Europe.
As tbere was no further business the
ATTEST :
his upconing wedding and honeymoon
meetlng was adjourned at 9:3O p.m.
Respectfully subeitted,
fil.,t4u,4
Colleen lt. Kllne,
t
a
$k")
?i30 P.ll.
COUNCII, IIEETING
APBTI 6, 1982
OD
l-tr
Tuesday, April 6, 1982, a regular meeting of the Vall To$n Council was helcl the Vall lfunicipal Bullding Council Chambe"s.
UEI|BENS PRESENT:llo.yor Rodney E. Slif er Bill Wllto, Mayor Pro-Ten
Chuck Anderson
Eermann Staufer
Ron Todd
GaiL ltahrllch
Paul Johnston
Richard Caplan, Town Matrager Larry Ridef, Tosrn Attorney
Colleen Kline, Town Clelk
ABSENT:
O|$TENS PAESENT:
First itern on the agenda was a presentation made by Bernie Mcl,Ienany, presldent of tbe colorado association of ski rowns. Mcl{enany reported on the pest yearr6 activities of the organization
Secoad iten on the agenda was the flrst reading of OrdineDce #6, Series of 1982,an ordlLanee relating to the arcades and amusement devices in the Town of vail.Tt ordinance was presented to the Couucll by Jim g&yre of the ComEunity Develop-m!-c Departnent. several citizeBs in the audience spoke in f&vor of th6 paseage 'ot the o?dinance. An orrner of a proposed arcade pallor in the sest valr Mall addreEsed the council in regards to hls proposed bualnesa- After discussior,GaiL Tfahxlich m4de a motLon to approve Ordinance #6 on fir6t readlng rrlth the additi-on of recoDnended chatges in ComEercial Core III, addin€i the rvords
"audib1e" wherever it read I'visable" in the ord.ance and the addition of "five or nore" or "four or less" for mi.nor areades. Hef,nann Stauf€r sesonded the rtrotion. A vote was taken and th9 motion passed 4 to z - Iyilto and rodd opposing.The ordinance was ordered published in fu1l on fi"st readi[g with che,nges.
Bod slifer announced the reaults of the Library Bond Election, The etectlon passed. favorably - ?33 votes for and 121 agaiast,
The next lten oa the agenda uas the fif,st reading of Ordinaace #g, Series of 1982, an ordinance amendi.ng the vail Municipal code ln relation to overnight parkiDg of veblcles, including trucks and busses. Mr. Caplan explained tbat this was a draft ordinance, Jon Eberle, publlc wor&s Director, itated that he had epoken with Ji.n Osterfoss, owDer of the Roost Loctge, anil Osterfoss had stated that tbis would not. be a problem next wilter,-&s tbe busseB woulal no louger be all0wed to park there. A citlzen lu the audlence ststed that tbe p' 'll€tn waa there last surDmer and she did not see it discoDtinutng. Larry Rialer sr.*ced that if the Boost Lodge was slngred out, the problem would. surface some-$there erse ln Town, and thst .the problem shourd be aedlt wlth in general terms.There wae much di-scusaion that forloB'ed, reLatiug to the probleE if the Towa eacouragiug. busses_ to bfingi guests to tow! aDd to try and flDd a viable way to aolve thls probl€lr. Much discusslon followed. Bilt wlrto Btated that there was a deJiDite noise problem bere that afJeeted the cltizens of vail abd the nettef should be dealt with. Hermann staufer atated that he felt the ploblen was not addressed properly in the ordioance. chuck Anderson mad.e a fioti.on to trble the ordinance and send it back to tbe staff for rewording.H€rnaDo staufer aeconded tbe motion. Eod slifer suggested involvirig tbe lodging coflmunity in the preparation of thls ordtnance. Ron Todd stated he felt the probren needed acting on quickly. Ee stated there was a Lodging cortrmunlty neetiug scbedirled for Aprlr gznd and poeslbly it could be urougnt-up at tbat tine. a vot€ was taken ahd the motion pass6d ura[lmous1y to lable Ordina.nce #8. urtil the next regularly scheduled neLtlng.t,i z 2 r'it.dL,tt
t
a
vArL, lnl coulicr,. trEErrNG
TUESDAY, APBrL 6tb, 1982
Pa.ge 2
A- there was no Citizen ParticlpatLoa, the next item oD the agenda *as tte rr-*dest for easement vaeatioD in Lions Ridge Subdivlsion #2, This lten had be€n contLnued fron the Council meeting held on ltarch 16th. Mr. Caplan atated that the couDciL had vialted the site that afternoon before the work sesslon, The appllsant, Stexrart Brown, and tbe lrurchaser of the property,Jin l[eeba!, attorDey Bill Post, presented tbeir pTol]osal to the Councll.'lfuch discussion followed f,efating to tbe eaEeEetrt, A motion was made by Ron Todd in favor of vacating the easenert with a "hold harmress" clause vri-tten into it. Hermann striufer seconded the ootLon. A vote eia6r tak6n aud the notioa paEsed 4.- 2 - Slifer and Auderson oppoaing.
The next ltem on the agenda vas the presentation of the pt'oposed anbulance distri€t, Balph Davis, Chairman of the Vait Vatley Uettlcal Center ryas ,.p"esenr to ansn€r any que6tioEs anyone had regerding the proposed district.UI. CBplaa stated that there was e eoncern regardlng the f,ir; Department,s responso to ealls out of the Town llnlts. Cap1an stated that the Flf,e DepartneDt bad prevtously responded to theBe salls at no charge, but that with the establishment of a new district it would be required to charge fox their aervices.
The next item on the agenda rgas the calL up of the condition&l use per&it fr the office building on th€ Texaco site. peter patten present€d the p: dosal lro the Councll. He stated that the plan $as apprlved by the Planuing and EnviTonnental connlasiotr, howeyer, the stefi had noi approved the proJeet. Jim Morgan, the applicant, B1l1 post, attorney end several otber persons gave presentations on the propoeed bulrdlng. - There lras buch dlscuesLotr relative to the size of the buiLding, the traific problen,pqEiEg spaces, etc. After nuch debate, nod glifer outlined ihree courses of a.ction the councLl coutd taFe: 1) upholal the pEc d€clslon and approve the building, 2) reverse the PEC decision by denyln6 the proJect, or--3)tabllag the matter for further study. A otion was-then had6 ny'Ron toao to disapprove the condltional use permit and deny the p"oject. I{ewrenn staufer seconded the rnoti-on. chuck Anderson abstained- fr6m voting. A vote wa.€ tsken of thre remaini.ng members aud the motion peased unanimoirsry,
The next item on the agenda rra.s the approvar of lanat zurchase from Ee.ton Lanil and cattle company for property east of pitkin creek park for g1s0,ooo.oo,After some diecussion, a moti.on was made by Bltl Tflrto anat seconded. by cbuck Ande"6on to approve the purchase. All voted in favor and the motion passed
uaan imous 1y .
The uext iteE on tle agenda wa€ the consideratlon of eaeeoent vaeation on L' 14' vail virlage First F lng, coraron pierce apllrcant. plerce gave a pl-dentation on his request. After some discussion, a Eotion to approve the easerent vaeation was made by Bilr ilitto and seconded by chuek !,ndereon. A1l voted Ln fevor wi.th the exeptlon on the ![ayor and the .E;t10n passed 5 - 1.
under Town l[aheger Report, Mr. cap]-an reported on negotiatlons with vail A6socl-a,tes lelating to land in Booth creek for a partr area.rrefatlng to tbe Tennis court area, The Council gave its approval for Capla.n to eontinue wlth negotiat 1ons.
There wae no Tosn Attorney Repart.
As there was no furtheT business, the meetiug waS adjoUrned at 12:00 D.sr.
ATTEST:
I
,E $#ft* coulrcr,,
TUESDAY, FEBRUARY
?:30 P.lI.
IIEETI!{G
16' r 1932
O Tuesd*y, February
wr.- held iD the Vsil
UTIIBSRS PBESENT:
OTHEBS PBESNNT :
16, 1982, a regular neeting of the VaiI Town Couacil lfunicipal Building.
Mayor nodney E. Slifer
Bi 11 Wilto, Uayor Pro-?em Paul Johnston . Chuck Anderson germann Staufer
Ron Todd
GaiL Wabrlich
nlchard Caplan, To\Du llaoager '
Laffy Bj.der, Town Attorney Colleen Klln€, Town Clerk
The first item on the agenda was the second readirg of ordinance #1 , series of 198t, slhlch had been tabled from the prevj.ous r-gutar neeting. phi] Ordvay astsed tbat the Council withdrasr the Oxdinance_as therts pas a problen fn noiiili.ng all of the property owners and that he wourat ltke to take-ii i,u"i. to the pran;iEg Co|ltuLsai.otr. Paul Johnstotr made a motiolr to nithdraw Ordinance #1 and nernann sl 'fer eeeonded it. all voted in favor anal the Doti;; A;-passeo ,ro"niror sry.
The bext item on the agendo was the aecond f,eading of ord.inanee #2, series of 1982, an ordlnance appfoving ihe suppr^eBent to the valr ![uniciprt coo". Mr.c'ptan stated tbat this was a "housekeeping" ordinance ;d-;h;;;" ohanges bad been made to i-t fron first readlng.- Hlrmann staufer eade a motion to app?ove ordinance #2 on secsnd readiDg and chuck Anderson u".onaua i.t. Arl voted in f,avor aad the motion passed. unanioously,
The uext item on the agenda $as the second reading of Ordinance #3, Series of 1982' an ordinance rerating to the coflmerciar corE rrr ;i;;;ij"'. peter Jsms.r,CoEaunity -Development Departm€ot, \fleut over the changes that bad been naale froBl fir€t readi$g. There was some discussion. It ras aiseussea to* " u.,"io"ss could apply for a varlatce lf they were not able to conply wittr cooe
- i imttatlons . rt was steted that they could apply for a variance. rt was deci.ded ano.g the council that the ordinance strouio be *ritten to accomnodate most businesses,not written 60 that variances would be a frequent item. cbuck Auderson made a motion to send the ordina.nce back to the sfaff for i"rtn", -r"iinltrg
and Bill Wilto seconded it. non Todd stated that be felt the ordinance wae q,etl wrltten in general but felt that it dtd need more work in tnis- partlcular a!ea.all voted in favol and the rnotion tyas pasEed u$ani;;;;1t--*ni-irr;-""oiDance tabled ur I the next regular meeting.
{:l!. t_tgr "n !!9 agenda was the,read.ing of Besol ution #7, Series ot LggZ, a.resolution carling for-a. specla' electlon.on Aprir o, is6al-f"":th* p.r"po"*of constructiug a new public r.ibrary. ' There wes nuch dlscussion i.n regarcrs to the plans for the new library. Steve Clark trom SoJiich""-*.a Co. was in atte.ndance and explaited to the coutrcil the p"ocedur" tor enleriig into the bond- market for this project. .Mayor srifer stated that thle *'as &erely a reeorution to go fox the electi.on'of the voters "n aprir el-olt-* resolution to atalt the rlbrary project. There were sevef,al coiments 'a;d -qiieetions from th€ audience. There was concern fram couociloembers w"rr"ii"n-un'a Ancrerson that the Toern w4s movi.ng too fast on this project. uayor siiter aod lyilto stated that the ToryD had been working on tlris-project lor """"i"i years and f61t it was tlme to take the mattef fo the voters. Gail lfahrl ich asked if anv discusaions had tleen herd with cotorado Mountain c;i t"J.- "ei'irdlng possib16 dupllcation of efforts gn rh9 library aDd the cldc,s new tuEiritil ayor srlfer read a. tetter that had just been recliveal from Randy llilhoi;;-ifri, support itrg the" uew libr&ry facirity. Mayor srifer reatated tirat tnrs-rirai-joet "o approvel to hold an erection and. there was plenty of time bet'een uolv and April 6 to infor' the publlc oI to carr off tle erlctlon if the councii did not fe61 they Iere-19agy to go ahead wi-th it. A motior. was nade uy naur-Jotrniton *nd secouded !l 111 Wilto to appaove Resolution #?. A vote u,as iakea ana ini rnotion pas€ed 5 - 2 - ADdereon anal lfahrlich opposlng.
I
rilffI]'I|o
F€bruary 16, Agaz
Page 2
Next,itert on tbe agenda yras the reading of Resolution #9, geries of 19g2, a r )lution approving a lease agreenent with the Muni.cipal rnvestment company Jor two John Deef,e 644c front end roaders. Mr, captan stated ttrat tbe loadars F€re ne€ded by Public works for snow rernoval. Hermann staufer made a notion to approve ReBolution #8 aad paul Johnston secoBded it. Al1 voted in favor and the motlon passed unanimously.
Tbe next item on the agenda was tbe }eading of ReEolutlon #9, series of 1ggz,I xesorutlon relating to the renoval of the municipal sales isx on fooal.ur. eaplsn stated that the state had }equested the "esorution for their records ' Laary Rider, Tori'n Attorney, stated that an addltional r'whereas"
had been added to resolution stating that tbe state dj-d not xeceive a ceftlfieal copy gf ordinance #41, serles of Lgr9, relating to sales tax on-tooo. .gtier-= ,
sone dlscusslon Bill lfilto made a motiotr to approve sesolution #9 and Bon Tottd seconded it. al1 voted in favor and the hotio; was paseed unanimously.
The next itern on from the floor.was Citizen Particlpetio!.There were no corments
The lext ltes on the agenda was the discussion of the epportionnent of county gales Tex to the Town of vair. paula palErateer, presidlirt ot vatt Besort Association, gave a presentati.on to the council 'regaraint their--iequest ot $82,000, to be aLroeated to tbe vRA from the counti sareE tax l*lat". ALso fron- VRA- were Molly from VRA narketing and. Harvey wro has been emptoyed by the vRA for advertising consul tat ioi-l--Gif-EGic-E ftotn the lteil rnstitute also asked the council io consiaJr ine varr rnstltute for funds from the county sales tax rebate. ![ayor $].ifer siaied--tuat the soprle t{ertaL Health hAd a16o asked for g?soo. ?rom tne councriis unconnltted general fund budget. llaTge Burdick aeacr a letter she had *riii.n in support of the vail rnstitute. several other people in audience' ai". -
"p"t" relative to.the couaty sales tax fund.s _and theii support of the vnl, tue'vail rnstltute and tbe sopris Mental llealth clinie. Theri'was much d.iscusaion as to how tlrese Junda could be disbursed. Gail wahrrich stated that sh; - i;it - ine' vna shourd be tiven additional funds but felt that some accouttability should be r€ceived fl r vRA as to bow these funds were used. paur Jotrnsion "iri"a-[e strongry fe1t.that_the-.sopris Metrtal Ilealth clinic was cleserving of tbeir requested .anouat, Ron Todd stated-that he felt the Council should waii-al*iife before eomlttlng any of tbls-money to any of these groups and would i:.*e ,o aee sorne acc.ountabilllv . from vRA reiative t; the $1zo,ooo.-that h;d pr""i"usiv ;;;"-;;;.,to ttren. Rod Stifer agreed vrith Ron Todd, siatin8i that "fru'f"ii-in" money shoulal be put to iocrease the general fund balance. He ltated tnat ire-rert the res€rve lbggl.d have $500'000- in it. After mucb dlscussion, BllI silto ma.de the followtng motlobe:
1. A mot1.n-to-give the soprls Mental Irealth.clinic 9?500. frorn the Town,s uacoBnltted fund balance for 1992. Motion wa.s aeconded by paul Johnston and aLl voted 1n favor.
2. To givs the vail rnstitute $1o,ooo from the county sales tax rebate.Ilerrnenn sta,ufer seconded the motion. Gail wahrlicn .i"i"a-irrii"tire vair rnstitute.has requested $ls,ooo. tro years ago and had not ast<ed ior any-tbins itr 1981 and fert that the council shourd t"""r itrei" "!qiI"i t",$15,OO0, Gail Stauch stated. that the fnstitute did in fact ".i"J-*rS,OOO,for their sulmer progra,m. There was sone conment trom tne ffoor]
the agenda
F'-- :.
I {
it"l
il*il
Februaf,y 16, 1982
Page 3
The next iten on the agenda was the appoj-ntment of the new Board lleeber6. Dave Irwin, Robert paiker e.nd Allen i"t.Va &s nev mernbers to the DRB.
Tbere waa no Town Matrager Report.
There was no Tox'n Attorney Report.
Gail lfahrrlch made a notion to ameDd the motion made by tri1to and to give t r vail rnstltute $15,000. to be paid as the funds weie receiveo from the c -rnty- cbuck Anderson seconded the ooti-oD. A vote was taken and the g"ligl was approved 4 -^3, - SLlfer, Johnston and Wllto opposing, ca.i1 Ifehrlich.asked hotr' the funds wourd. be atlocated aad Mayoi'sliiEr uiui"a . that that would be worked out betryeen the Town Man&ger and the fi;;;;;-Director.
Rod sllfer aakeat Mr. caplan if these antic_ipated funds would be received monthly flon Eagle County. Ur., Caplan stated that y€st tney wouiA.
3. _A motio' to give the VRA $3O,O0O,OO of the uncol.lected fund.s from Eagle county to be used_ specifically for the sur mer !'a"k€t ing p."lri.ald t9 be paid to the VRA as tbey aie rgcslys6 tr". ifr"- C"uo[V-"nA tn"t the vRA 'rmatch'! the funds being giveB to then. paula painatei" "si..I--wilto what be bad ln mind 1n regards to "matching fundsii . triiio stated that the vRA sbourd enlarge their nembershlp to contribute to the funds needed by theB fof,;their surune-r mark€titrg progran. Staufer sugigested tbet since the vRA wourd. probabry be rai-i-ng ihe mernbersnrp i-6!-ry !o%, he felt this wourd_ berp in natcbrng tnE funds oonaiea''uv-ihe Town.Palmateer Etated that the VBA would be Eontlnually workl;t ;; ;; ee.ber_ships- staufer asked to have more discussion. H€ stated-tbat he fert $"''oo0.oo u'as just a "drop in the bucket" ata """ro-iiai i6"iriia vllto,s ld ion #3, but since the motion had not been second.ed, wilto n'iitrarew ris motlon and staufer made a notion that the vlA be erven $o0,ooo.oo orrt "t the u4colLected county saLes tax. staufer stated that ine'councir coura not actually dlctate what the vRA should do as fah as natchln; ihe ,oni"",but felt tha.t they \Boutd do their very best to cone up wlth ai &uch money as they cou1d. paul Johnston seconded the motion. slifer stated for tbe record tbat thls noney r9ould be given to the VRA as tt was receirruO t"ol[the county. slifer also statear for the record that he flou]d vote against this motion a.s he had against the notion regard.iBg the vaii institute beeause he fel-t tbis money should go to tbe reserve or th; fund tarance-anc the Town sbould not commit any uncorlected funds at iuis ii*e. Gail Walrlich expressed her.concern as to glvitrg the VRA a ,itia"t
"frEfu,, ""A asked paula parmateer if she hact a concern-wr.tn repoitini u*.i.--ii'tn.Council a year fron now and shoviag Just how they i:ad pui th".e monaes to use. Palmateer stated this would not be a p"obrem aaei felt that sbe h3d dg19 this previousry but evidentr.y not wer.1 enough. parnateer stated that $10,000.00 would be reserved for the 2o year celebratio!.. The motron was carled for a vote by srlfer. The motion iailed - 4-3 - ioaa,- srrter,IlLlto' and Anderson opposing. chuck Anderson nade another motion to give the vRA $45,000'00 .ut of the uncollectear county sales tax, payabre as it w received from the county. The motion was seconded oy eiir"frirt". There wa.' some discussion. A vote nas take' and the Eotio' paised 5 --i - slifer and Todd opposing.
lhe next ltem.on the agenda was the sign varianse request by col'raato r,,-sight. Due to the lateness of the meeiing, lt wae decided to hear thls request at the Eext regularly scheduled meeting on Tuesday, uarcn 2, 1gg2,
The next item on the ageada wa,s the €,ppolntmert of the nef,' planning and EnvironBental cormiseion Members, Dilna Donovan aud Jim vrele were appointed as the Eew membefs ,
Design Review $ere appointed
As there was tro further business the meetiag wae adjourned at 11 :Bo p.m.
CoIl€en . Kline,
ftespectfulty,
tqte Pgc- mg+.c'q z/a/82
Seco4d, the request to al1ow Lot 39 of Glen Lyon Subdivision (area C), an
EffiEIng 2.48 acre prirnary/secondary lot to be resubdivided into a,lo single
family 1ots.
Peter Patten explained the rnemo and showed the site plan adding that the staff
recomended all:owing the anendment with the restriction that each house not be
Larger than 2100 square feet.
fuidy Norris explained that t,he lot was planned originally for CMC to use and
was very visible fron the frontage road. Jay Peterson stated that he had brought
the project before the eonunissionets originally and felt that in light of Andy's
track lecord, there shotlld be some trade off given. He reminded the meuibers
that fuidy had invited the town to be co signators to be able to enforce the
covenants.;
DiscUssion followed concerning whether or not a PTecedent would be set if the
request r{reae glantec.
Will moved and Duane seconded to recorunend to the Tor.rn Council an approval of
the amcndment without the condition of limiting the GRFA to 2100 square feet for each dwelling, but allowing 3100 as the applicant requested. The vote
was 4-1 in favor with Jim voting against the rneasure, and Dan abstaining.
Jirnrrotedagainst,becausehefe].ttheGRFAshou1dnotbeincreased.
6t'
i.1 )
Peter stated that this would be heard at the next Council meeting on Feb. I
4. Rgquggt_foT a_gon4itlonal uge permi! to E>erate a regL_gstate office jJr
'the -lppiEan#--TFs-ffiabs
Peter Patten explained the staff memo and explained that this business woirtd'
only be narkdting earth sheltered housing and would not generate traffic. ; It
was explai,.ned that this space had been used only comnercially or for offic.es
for a very long tine, and also it was subtrledestrian level
Dan raoved and Trlill seconded to approve the request per
the rremo dated 2/3/82, fhe vote was 6-0 in favor,
the staff findings in
.'t-'-,:
.(' ' ..i.
5. Request for exterior alteration and urodification in Commercial Core I -fiol encl E?wEsrl:.de;F1",
the !g!.Lion. Applicant: Jeff Selby. :ffii
Peter Jamar explainbd the memo and added that the staff recornrnended appr'oiiJ'
with the restriction that the,.glass panels be removed by-at least June lS.iinil
reinstalLed no earlier than Septembei .f S, -',
:,':
'_]'-...Bill. &uoff explained that the roof would be metaL *ittt an ayning covering '1.tj,-to rnake it apiqar to be a canvas roof. He explained that the pinels on itr6,;;
b
c.IMPACTS OF TT]E PROPOSAL
Frb. l rlltL
C:r-sc:rrlc Vil I age -2- 2/ | /82
Tlre building is proposed to bc located 50 fcet fron the oxisting pavemcnt of the South Frontage lload, cxcept where the ncr,r right turn lane l^ril J.be locatcd, the structurc will be 45 feet away from the pavement. As one trevels vrest on the roatl the grade changes so that one experienccs less and less of the building impact the further west one gcti. .I,lre
building is 12 feet high at eave line on the north elevation with approxi-nately a 6 in 12 roof pitch. The roof material pr.oposed is a gray nretal sirnitar to the lvlillrace Condominiurn roofs. No unsolvable problems exist with regard to utility locations. A substantial landscaping proposal lrith a large amount of evergreen trees is proposed for the area between the building and the South Frontage Road, It is highly unlikely that
,, the South Frontage Roacl will be expandecl to four lanes'due to pirysical
{grade on the side of the roadJ and traffic anount factors.
The concLusion from the above facts indicate no significant negative factors ln noving the building close to the property line. Maintaining
50 feet fron the road is a sufficient "breathing" distanco for snow
rernoval , ninor road improvenents (widen shoulders) and visual proximity.
A pltysical hardship exists in the givens of narrdatory d.esign ciiteria (tennis courts) and the existing road and adjacent buildings,
The DcPaxtnent of Conununi.ty Devclopment recommends approv*I of tho arnerrdurqnt to Sdcl4 allowing tltc parking structulc/athletic club to encroach lB feet into tlro north property setback and to qualify the rcquirernent of no parkilg in thc front setback to apply to pirrking othcr than critircly undergroun4. -
'Ihe staff fccls thatl there are nrininum impacts of this arnendnent due to tlre largc distance to tlre road surface. 'l'he building is designecl to mitigatc visual inpacts on the north side, and the landscaping should provide a viiual - sc"ree llr-frrrther inproving the aesthetics of ttre site devetoprnent. We agree thot the setback exception shoutd be made only for this buiiding, with ihe prov.icion that other underground parking could be located within requiTed exterior sotback areas, subject to Design Review Board approval .
'EYJ€IoN-or,IE--19AW
Lot 59 of Glen tyon Subdivision (Areaic of sDD4) r+as created h'ith the original approval of sDD 4. The duplex lots are developed basically in ac.cordance with primary/secondary development regulalions. The Lot curr€ntly contains 2,48 acres of total site area. and the proposed division lrould easily rneet the requirement in the single Farnily nisixilt of contain-ing 121500 square feet of buildable site area. propoled is to haye trto lotsr'one of .888 acre and one of 1.48 acres, while dedicating to the town ,115 acre of land along Gore credk. The sirean tract froposed to be dedicated is adjacent to property already o*ned by the town i:trriugtr a previous dedication.
, "q-I
(lrrsc:rde Vi I tugc -3- 2/l/82
l"lr. Norris is proposing and will comnit to a naster. plan for thc devclop-ncrrt on thcso two lots. l{c proposes two low-rise (l to 2 story) luxury single faniLy homes r.rith extensive landscaping and water features, lle roquosts that cach house be allowed 3100 square feet of Gross Resiclential Floor Area and will restrict the houses to a 25 foot height }inritation.
B. JHPACTS, gF RFQUES!
Currently, the lot could be developed into a duplex with a max1murn floor arca of 4200 square fect. This is the covenant restriction of which the tor,,m is a co-signator, and consequently, enforcer. The proposal
,{ould increase the allowable GRFA by 2000 square feet to 620b s-quare 'feet total.
visually, thc site is quite open and contains only one tree, a rarge evergreon lying very close to. the proposed common lot lino of thc two new lots. Thus, any developnent on the site will be readily seon by passcrsby on the south Frontagc Road ancl r-70. Divicling thl lot and flccepting tho cleve).opncnt plAn allows tt,ro separated structurcs of a low profile nature, but covcring more of the- site than under present restrictions. Thc 25 foot hcight lirnitation reduces by approiimatcly tcn foct thc al. lowablc hcight of thc structurc$ which touii be built'under currcnt "eguL4tions. Tlre.devcLopment plarr rcflccts a vcry high quality rlcsign oll structures and thcir surrounding grounds, anrl woulcl assuro such high quality if thc arncndnent is approvecl ,
Access for the ncw oasterly lot would be providecl by an access easenont an the northern sidc of roi r. 'i'he acces! drive woulcl bc heavily plantod .xr the north sidc to reducc the visual inrpact frorn the north.
rn sunnnary, the result of apploval of the requestcd anendmcnt is that devclopment of a largcrportion of--the-site would-oesurr-but thc-<levelopm€rrt
wouLd be of a guaranteed high quality with minimal negaiive visual impact.
c, rBEcotvftiENDATIoN
The-Department of_Comnunity Development reconrnends approval of the proposed division of Lot s9 into two singte family tots with iire condition that-each residonce be restricted to 2100 squate- feet of GRFA. lrle, -feel posi.tive
1!!F tle developnent plan proposed, but we consider an increase of qRFA of 2000 square feet to be excessivg 1nd a grant of special privilege.
lrere- is no speciaL circumstance or hardship involved in ihe reqlest for the extra GRFA, and we feel that we musl be consistent in jridging
such requests. Thus, we recornmend,approval of the amendnent requistiA with a revised development plan reflelti.ng a maximun 6RFA ror each residenee of 2100 squire feet,
G F- ltl rte
&&9tF
u*
J<ds
ORDINTINCI NO. 7
SERIIS 19?9-.
AN ORDINANCB AMENDING CIIAPTEN IE.46 NELA'IINC TO
SPECIAT DBVELOPIIENT DISTNICT 4 OF TITLE 18 l.zoNING'', pROVIDING T'r{AT DIVELOpiltrNT AnDA D
O}ILY NEEDS TO GO TIIROUCH DESIGN RNVIEW PROCESA;
TIIAT NO ADDITIONAL BNVIRONIIBNTAL IMPACT REPORT.
NEED BE SUBMITTBD; tl{AT ARCIIITECTURAT MODBLS
FOS INDIVIDUAT BUILDINGS NOT BE RNQUIRED; TIIAT TIIE DEVEI,oPMTN? PLANS BN APPROVND BY RESOLUTIOT{
RATEER TIIAN ORDINANCE; SETTINC TOETE DETAILS IN REI",ATION TO THE FORECOING; AND PROVIDING A SEVERABIIJITY CLAUSE FOR TIIIS ORDINANCE.
I|HEREAS, tbe Tonrn Councll has previously appfovect a
Special Development Dtstrict 4; and
WIIEREAS, the changes as proposed are primarily aclministra_
tive and generaLly sirnplify the review process; and
I,IHEREAS r the Town CouacLl is of the opinion that the
proposed chatrges to Special Development District 4 are proper and
l[ould be in the best interest of public health, safety and werfare;
WHEBEAS, the Plauning & Environmental ComEission has
reviewed the proposed amendments to Chapter 1g.46 relating to
speeial DeveLopnent District 4 and have recommended. approval of said
cbanges;
NOIY, TfiENEIUNE, BE IT ORDAINED BY TIIE ?O$I{ COUNCIL OF
THE TOIfN OF VAIL, COLORADO, TUATI
SeetLon 1. Paragraph B of Section 18.46.OgO "DEVELOpIIENT
PIAN-REQUIRED-APPROVAI PROCEDURE: is amend.ed to rerd as f ollorvs;
19.46,030 (B) Each development area with the exception of development area D_3!4I !. subject to e sing1l development
PLAN-REQUIRXD-APPROVAL PROCEDURtr,' is amended to read as follows:
18.46.030 (D) Upon recelpt of the proposed develop$ent _ platr ard planning & environmental eommission report, the town council shal1 deternine rvhether the plan is accept_able to the town in accordance with the a.pplicable provisions of Sections 18.66.150 and 18.66.160. This deternination by the town councj.l shall be rnade through l'ts enactment of a resolution rvhlch incorporates the development plan as an officiaL Town of Vij.I document.
Section 3. Section 13.46.040'TDrYELOPNENT PLAN_CONTENTS,,
Ls repealed and reenacted to read, as follou,s:
],8.46.040 DEVBLOP}IENT PLAN-CONTDNTS
Tbe_proposed. development plan shal1 includc, buL is not Limited to the follorving data:
A.. A complete environmental impact report submieted in accordance with Chapter 18.56.
Section 2. Paragraph D of Section tg.46,OB0 "DDVELO?]IBNT
Pg. 2
B.
D.
Existine contours ha.vlng contout intcrvals of not
more thi,n five (5) Ieet if the averagc slope oI
the site is twenty perccnt or Less rvith contour
intervals of not more than ten (IO) feet if thc
average slope of the site is greater thtrn twenty
percent. Existing :rnd proposed contours rfter
gra.dlng for each Phase.A conceptual site plan, at a scale not smaller than
one ineh equals fifty feetr showing the locations
and dimensions of all buildings and stfuctures with
the exception of single-family and trto-family structures'
uses therein, and all principal site development fea-
tures, such as landscaped areas, recreational facilitiest
pedestrian plazas and walk$tays, service entxiesr drive-
ways, and off-street and loading areas.
A conceptual landscape plan, at a scale not smaller
than one j.nch equals flfty feet, showing existing
landscape features to be retaiued or temovedr and
showing, proposed landscaping and landscaped site
development features such as out door recreational
facilities, blcycle paths, trails, pedestrian plazas
and walkways, wat er features and other eLements.
PreJ.iminary building sections and floor plans at a
scale not sma,11er than one inch equal-s twenty feet 'in sufficient detail to deternine floor area, gross
resldential floor area, general uses $/ithin the
bulldlngs, and the genetal scale and appearance of
the proposed development for each development area.
A proposed pl&a of parklng, loading' traffic circu-
lation, and transit facilitiesi and a proposed
program for satisfying tralfic and tlansportatlon
needs generated by the Proiect.A volumetric model at a scale not smaller than one
inch equals fifty feet, portraying the scale and
relationships of the proposed development to the
tt
G.
I
site and illustrating the form and mass of the proposed
buildings for development areas A, B and D.
'II. A proposed Erogram indisating order of construction
phases, transportati-on 1'acilities, and recreational
ameuities.I. A proposal regarding the dedication to the tolvn or private ownership and maintenance of thr.t portion
of the development area rvithin the one-hundred year
fLoodplain of Gore Creek. In the event the one-hundred
year floodpLain is not dedicated to the town, such
fands shall be subject to a right of publi.e access
to Gore Creek, and the right to use a portion of the
lands for a bicycLe path' and for park purposes
provided that the location and use of the faciLities
and access shall be determined by mutual agreement
between the town and the or,vner of the development areas
invo lved.
. Section 4. If any part, section, subsectlon, sentence,
cla.use or phrase of, this ordinance is for any reason held to be
lnvalld, such decision shall not affect the validity of the remaining
portJ.one of this ordLnance; and tbe Torvn Councll hereby declares
that it uould have passed this ordinance' &nd each prrt, sestion,
subsectton, 6entence, clause or phrase hereof regardless of the
fact that any. one or more parts, sections, subsections, sontences,
clausee or phrases be declared invalid.
o
Pg.3
Sectj.on 5, The Torvn Council hereby
ordinance is neccssary for the llrotection of
saf,ety and welfare.
Ord
f inds that this
the public hcalth,
l
I '&l\ lr,*E
F&(9r-
ss *t J<.t(9
INTRODUCtrD, RtrAD ON FIRST READINC, APPNOVED AND
OnDBRED PUBLISiIED O]'ICE IN ITiJLL, this *_lA_ day of Januarv ,
1979' and a public hearing on this ordinance shalr- be h(:ld :rt the
regular meeting of the Town council of the Town of vair., colorado,
on the 6 dajr of Feburary , l9?9 at ?:3O p.M. in the }lunicipal
Building of the Toryn.
ATTEST;
INTROOUCED, REAO ON SECOND REAOING.
THIS 6 DAY OF FEBRUARY, 1979.
APPROVED AND ORDERED PUBLISHED BY TITLE ONLY
TOl{N CLERK
I I
I
..'-/5/i
I'IAYOR ,/'
t'
ORDINANCE NO.
"O Series or t9TE--
AN ORDINANCE A.!4ENDING CHAPTER 46 OF TTTLE 18 oF TIIE VAIL MUNICIPAL coDE, RELATING To
SPECTAL DEVEIOPMENT DISTRICT 4 (SDD4);
PROVIDING THAT IN DEVELOPMENT AREA B ONE
EOWER MAY BE BUILT NOT TO EXCEED STXTY-FIVE
FEET IN HEIGHT; IN DEVELOPI,IENT AREA B oNE
OF AIIE REQUIRED PARKING SPACES IIAY BE TOCATED WITHIN THE TWENtY FOOT SETBACK; AND SETTING
FORTH DETAILS REI,ATING THERETO
WHEREAS, the developer of Special DeveLopment District
4 has requested an ar0endment to chapter 19.46 of Title 19, Vail
l4unicipal Code;
WI{EREAS, the planning Connission has reviewed the
request anil recommended approval to the Tobrn Council; and
WHEREAS, the Tovrn Counell has reviewed the request and
believes that it is proper and should be approved;
NOW, TIIEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOIVN OF VAIL, COLORADO, TI{AT:
Section 1- Section 18.46.120 entitted ',Height" is
repealed and reenacted to read as fo.Llows:
l8 .4 6. L20 Heiqht
il]l]*lnrrn heishr or a buiLdins in Area A shal1 be forty-five (45) feet. The
nax imum height of buiJ.dings in Areas B,C and D shall be thirty-five (35) gss1,
In Area B, one tower may be built not to exceed sixty-five (65) feet in heiqhr.
The size of the base of the tower ;hall not exceed. sixteen (16) feeC square.
Section 2. Section 18-46.170 "parki.ng" is repealed and
reenacted to read as follows r
L8,46.170 Parkinq
4 58
RE (DF
gH 3-?.1 ()E
Off-street parking shall be provided in
accord.ance i','i th Chapter I8 .52 , except that sevent]'-five percent (758) of the required in Area A shall be located within the main building or buildings. In Areas B and D,fifty percent (50t) of the required parking shall be located within the nain buildincl or buildings and hidden from public view-or shalL be completely hidden frorn public view from adjoining properties within a landscaped berm- One underground, bermed parking space in Development Area B shall be permitted to be Located. t'en feet within the required tvrenty foot setback. On site parking shal-l be provided for corunon carriers providing charter service to the development.
'|ttrffiftfii, fi{",fllf,lripii "
Ord.a<Je 2
Bus parking shall he indicated on the
Development P1an. No parking or loading area shalL. be located in any required front setback area. If any portion of Areas A and B is developed as an institu-tional or,educationaL center, these limi-tations may be modified in accordance with the amended procedures specif,ied j.n this Tir,le 18.
$ection 3. If, any part, section, subsecti.on, sentence,
clause or phrase of this ordinance is for any reason held to be
invglid, such decision shal1 nat affect the validlty of the
remaining portions of this ordlnance; and the Town Council hereby
declares it trrould have passed this ordinance, and each part, sec-
tion, gubsection, sentence, cLause or phrase thereof, regardless
of the fact that any one or mote parts, sections, subsections,
sentenees, clauses or phrases be declared invaLid.
Section 4. The Town Council hereby finds, determines.
and declares that this ordinanqe is necessary and proper for the
health, safety and welfare of the Town of Vail and the lnhabitants
thereof .
INTRODUCED, RSAD ON FIRST READING, APPROVED, AND
ORDERED PUBTISHED oNCE IN FULL. this 3rd day of October, 19?8,
. and a public hearing on this ord.inance shall be held at the
regular meeting of the Town Council of the To!,rn of Vail, Colorado,
on the 17th day of October, 19?8, at 7:30 p.14. in the Municinal
Building of the Town.
Introduced., read,
by title only this
-
t
a
adopted
17 day
and enacted on second of 0ctoben, 1978.
ATTEST:
reading and ordered publ i shed
tl\
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AGENDA
VAIL TOWN COUNCII,
RAGUIAR I{EETING
17 ocfoBER 1978
7|30 P-M.
ORDINANCES AND RESOLUTIONS
1. ordinance No. 30, Series of 19?Er.second reading, amending
fitle 18 of the Vail Municipal Code with regard to notifi-
catiDn of adjacent property owners.
3. _
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:.
6.
8.
ordinanc€ No. 32, series of !978, first reading. arnendiag
e.itl,e 18 of the Vaj.L uunicipal Coale relati.ng to Special-
Development Di6trict 3, pithin Creek Park.
Ordinance No. 33, Series of 1978, first reading, anrending
Title 18 of the Vail Municipal code relating to Special
DevqloPment District 5r vail Run,
Ordinance No. 34, Series of 1978, first reading, aiopting by r..eference the Colorado Modlel Energy Efficiency Construc-
tion and Renovation Standarcls for Nonresiclential Buildings.
Ordi;nance No. 35. geries of 19?8, first reading, amendling Titlle 9 of the vail Municipal Code to prohibit overnight
camping wilhin the Tovrn of Vail .
Resolution No. 25, Series of 1978, approving
of the condola I sile by the Town of vail.
Res@lution No. 26, geries of 1978, expressing
of the Town Council Co Propositlon 2.
the purchase
the oppositiotl
PRESENTATTONS
9. Disoussion regarding Eagle county Trash billing sy6tem.
10. Sunbird todge - appeal of Flanning Commission denial of request for variances f,rorn alLowable units per acre and
. 'parking provisions.
1I. Christiania - appeal of Planning Cornmission approval- of,
eetback and distance between buildings variances for
Leeward res idence -
]-2. Westbye - appeal of PLanning conmission denial of cItFA
vari.ance.
13. Benbhmark fnvesttnent, Inc. - appeal of Planning Cormrission dental of conditional use permit for real estate officb in Lionshead Center Buil-ding.
14. Citizen request for reconsideration of cloud seeding appropriation.
TO'{N MANAGER REPORTS
TOWN ATTORNEY REPORTS
CITIZEN PARTICIPATION
DRAFT
HINUTES (ex€rpted )
REGULAR I4EET1NG
VAIL TOIII{ CflJNCIL
TUESDAY, OCTOBER 17, 1978
The Vail Toun Council convened for its regular meting at 7:35 p.m. on Tuesday, 0ctqber 17,1978, in the Town Counci I Chanbers of the Vail tr,tuntcipal Builrfiirg. .
The Follouing Councilmerbers and l4ayor Rodney Slifer were present:
Tom Stel nberg
Paula Palmateer
Robert Ruder
Scott tloHnan
Also present werc: Toun Attorney, Larry Rider and rorn lilinager, Ter€l I J. l4inger,
The first matters for councl I attention were the following 0rdinances and Resoiutions:
ordlnance #30, Series of 1978, second.read{ng, anending Title 18 0f the VaiI lrlunicipat Code,with regard to notification of adjacent- property 6urners. orainince wis introdirced, read"voted upon and adopted on second reading,
dinance #31, Series of 1978,.second-reading, aroendinE litle lg of tfte Vail Municipal Code
:glgqins to special . Devel oFnent .Di strict 4, aoldstreaml 0rdtnance wai tniroauCea, i"ead,voted upon and adopted on second reading.
0rdinbnce #32, seri es of 1978,.first Fldlng: amending Title lB of the vail Municipat code relating to Special .Development Distrlct 3,-Pitkln craek Park. 0rdinance xai"intrbduced,read, voted upon and adopted 0n first reading.
Ordinance #33r Series of 1978,.first reading, anending Title l8 of the Vall Municipal Code relating to Speci.al . Development Distrlct 5,-Va Run.- 0rdtnance wai introauita, rlad anO voted upon and sdopted on flrst reading.
0rdinance l{o. 34, Series of 1978, first reading, adopting by reference the Colorado lilodel EnergJ Efficiency constructlon and Renovation Sianaai.as ioi tton residential 'iuildings.
urdinance was intrcduced, read, voted upon and adopted on first reading.
0rdinance #35' Series of 1978'.first readi ng-anendi ng Title g 0f the Vall Municipal Code to
!p!i91t overnight camping within the Town of Vail, ias introduced, read, vJiea-irpon and adopted on fi rst reading.
Resolution l{o. 25, Series of 1978, approving the purchase of the Gondola I site by the Town of il v|as intmduced, read, voted upon anO adopted.
Reso.lution l,l''. 26' SePlcs of 1978' expressi ng the.opposftion of the Tor,rn Council to stdte of Colorado Proposition 2, was introduced, read, voted'Lpon and adoDted.
The follonlng Presentations were then considered by the Council: -
Discussion regarding Eagle County Trash billing system - a r€presentative of the public utillfie Lo0srtSston explained PUC regulations regnrding billing for liiensed operators.
Discussion regardlng Sunbird. Lodge appeal of Planning Conmi ssion denial of variance request,fiatter v{as postponed untit the first [Eeting in l,lovember.
Discussjon regarding Christiania.appeal of planning Corimission approval of setback variance.fiaEEer t{as postponeo unti I the first neeting in Novenber.
Discussion regarding Westbye appeal of Planning Coflnission denial of GRFA variance. r & l'lrs.llestbye. appeared before Council. Fol I or*ing diicussion, Council voted-3 Jsiinii"anA Z in favor of granting tie appeal . Decision of planning Conmissiin denial stanas. ---"'--
Di scussl on- regardi ng. genchmark_ lnvestmnt', Inc, appeal of planning comnission denial of rditionai use pennit for real estate office in Lionshead Center-Bui ldi ng.
-Atiorney
,lay reterson -appeared_on behalf,of Bencftmrk requesting peflnission to use the-spaCe, wtri'cn is now vacant' for a real estate office for a limided amolnt of time - 2 to-+ -iiaiSl-aiter
such time,it could be converted back to retall space. Hls appeal wis nasea on ir,b-iiii lnat ttr" ipice-is
ffiilSISi*"'
ocroBER 17, 1978
PAGE Tl'10
,i
cumently 'rrdead" space and that an active busincss r,roul d be better than none. Councii discussed the mtter. Councilnember Palmatter and Councji ember Steinberg were inf,avor of ttre'appeal .---'
Counci I nernbers. Hopmn, Rudef and Sllfer r*ere in favoF of upholding g1g denial , The volb was
taken.on a notlon.n|ade. by Councilmenber Hopnan to uphold the denitl of the Plannlng conrrission,
_sqconded by councilmember Ruder' The vote nas 3 to 2 in favor of upholding the de;ial of the '
Planning Connlssion for Conditional Use permit.
Discussion regardiqg Citizen request for reconsideration of cloud seeding appropriatlon.Follorving a lengthly discussion, The Council declded to naintain. the cloud iieoing progrrrn.
There be{ng no further buslness for the council, th€ metlng was adjourned at li:e5 F,m:
ATTEST:
o
ORDI}IANCE NO, 28 Series of a977
AN ORDTNANCE AMENDING SPACTAL DEVETOPMEN1r
DISTRICT 4 TO PROVTDE FOR ?HE AREA THEREOF',
DEVE].,OPMXNT PLAN AND TTS CONTENTS, PERMITTED USES, CERTAIN ACCESSORY USES. DENSITY,
PARKING I RECREATIONAL A!,TENTITIES TA.\ ,FIREPTACES. AND TRANSPOR?ATION; AND SETTING
FORTII DEfAII,S REI,ATTNG THERETO; AMENDxNG
SPECITIC PROVISIONS OF CHAPTER 18.46 Or THE VAIL MUNICIPAL CODE; AND AIIENDING THE ZONINb
MAP
WHEREAS, the Tor,rn Council has previously approvecl
Special Development District 4 as eontained in chapter 19.46
of the Vail Munj.cipal Code;
WHEREAS, application has been made for certain changes
to sDD4;
WHEREAS, the Town staff and the planning Conmission
have considefed said application and recomnended approval
thereof i and
WHEREAS, the Town Council is of the opinion that. said
aRenilments shoulil be made to SDD4;
NOW, THEREFORE. BE IT ORDAINED BY ?HE ?OW}T COUNCIL OF
TI1E TOI{N OF VAIL, COLORADO, THAT:
(1) Chapter 18.46 of the Vail Municipal code is. amended
as follows:
(A) Subsection (B) of 18.46,020 is repealed and
reenacted to read:
B. The district shall consist of four separate development ateas as identified on the map, consisting of the following approxi-
mate siee:
Development Areas Acreage Roatls 4.7 A 1 6.82 B 4.00 TOTAi 80 . c 29.10 ' D 1.8
Dedicated Open space 40.4
(B) subsecrions (e) (3); (B) (4) I (B) (7) r andt (B) (B)
of, 18.116.040 are repealed and reenactecl to readl:
a Fqt
SB (o r-
9H fd ()s
-z-
o
Ordinance No. 28
5.
A csnceptual 'Eite plan, at a scale not snalLet than
one inch equals fifty feet, showing the locations and
dimensLons of all buildi-ngs and structures with the
exceptLon of. sing'le-family and trvo-famil"y structures
uses therein and all princi.pal site develo5 ment fea-
tures, such as landscaped areas, recreationaL facilit-
ies. pedestrian plazas and walkways, service entries,
dtriveways, and off-street and loading areasi
A conceptual landscape plan, at a scale not smaller
than one inch equaLs fif,ty feet, sho.,ving existing
J.andscape features to be retained or removed., and
sho!,,ring . proposeal landscaping and landscaped site
development features, such as outdoor recreational
f,acilities. bicycLe paths, trails, pedestrian pl"azas
and riralkBays. l,'ater features and other elements for
each developnent areai
A volumetric model of the site and the proposecl ilevelop-
nent, at a ecale not smaller than one inch equals one
hundredl feet, portraying the scale and relationships
of the proposed ilevelopment to the site and. illustiat-
ing the form and nass of the proposed buildings for
development areas A, B, and D.
An architectural model of each proposed building at a
scaLe deemed appropriate to the deveJ.opment by the zon-
ing atkainistrator portraying design d.etaiLs for each
phase in alsivelopment areas A, B, and D.
(C, Sect,ion 19.46.050 is repealed and reenacted
to resd:
J.8.46.050 Permitted Uses
Single-fanily residential. dwellings and two- family resi-
clentlal dlrrrelLilgs shall be permitted uses in development area
C. Tlo-f,amily dwellinge, residential cluster dwellings, and
3.
.t.
1
8.
I
-\J---" - \ r uY\- ii
ment
with
feet ,
uuree-ramily dnellings shali. u" p"to"d uses in develop-
a!ea6 A and B. Professional offices and business offices.
a totaf gross floor area not t
shall be pennitted use in development area.D.
(D) Subsection (A) of Lg.46.070 is amended by the
addition of Subsection {3) to reaal:
3. Attached garages or carports, private green houses, swinuning
pool-s, tennis courts, patios, or other recreational facilities
customarily incidental to permitted f,esidential uses.
(E) section 18.46.080 is repealed and reenacEed to
read:
The nunber of dwelling units shal1 not er.ceeCl the foLlowinql
(E i. tl,rar
SE
ss AJ J<rjS
(F) Section I8.46.]30 is repealed. and reenacted to
The gross residential fLoor area of aLL buildings in each
development area shalL not exceed. .35 GRFA in area A., 65,000
square feet GRFA in area B, and .25 GRFA for the first 15,000 sq.
ft. of site area, plus not more than .10 6REA shall be permitted
for each sq. ft. of site area over L5,000 not to exceed 30,000
sq. ft. of site area, pl-us not more than .05 sq. ft. of GRFA for
each sg. ft of site area over 301000 sq. ft. in area C.
On any site containing t$ro dffell_ing units, one of the units
shall not exceed one-third (1,/3) ot the allowable total gross
residential floor area (GRf'A).
(G) Section L8.46.170 is repealed and reenacted to
read :
18.4 6. l7 0 Parking
Off street parking shall be provideii in accordance rvith
Chapter L8.5zt except that seventy-five percent of the required
parking in area A sha1l be located within the main buil.ding or
buildings. In areas B and. D, fifty percent of the required
parking shall be located within the rnain truilding or buildings
and hidden from public view or shalL be completely hidden frorn
read :
\
ord No- 28
o
Page 4
public view from adjoining Properties vtithin a landscaped
bert.
onsite parking shal! be provided in Development area A for
collunon carrie.rs providing charter service to the development.
Bus parki$g shall be indicated on the development plan. No
parking or loading area shall be located i.n any required front
setback area. If, any portion of areas A and B is develoPed as
an institutional or educational center' these limitations may
be modified in accordance t ith amendment proceilures specified
in Sections 18.66.100 through 18.66.166.
(H) Section 18.46-L80 is repealed and reanacted
to read:
13.46.I80 Recreation amenities tax assessed
The recreational amenities tax due for the development $tith
SD4 under Chapter 3.20 shall be assessed at a rate no! to exceed
ttrenty-five cents per square foot of the floor area in development
A anil 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 centa per square foot in development
area Di and shalL be paid in conjunction with each construction
phase prior to the issuance of building pernit.
(I) Section 18.46.190 is amended by the addition
of subsection (C) to read:
(Cl if fireplaces are providled 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.
(J) Sub section A of 18.46.210 is repealed and
reanactedl to read:
A. Developer shalt provide adequate private transportati-on
servicEs to the owners and guests of the deveLopnent so as to L,
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i al l-.
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oRD NO. 28 PAGE 5
transport them fron the development to the village core area and
Lionshead area as outlined in the apptoved developnent plan
in the event development area A anil or B are developed as an
institutional or ed.ucational center,
SECTION 2. If any part, section, subsection, sentance,
clause of phrase of this ordinance is for any reason held to
be invalid. such decision shalL not affect the validlty of the
remainLng portions of this ordinance, and the Town Counci.L
hereby. ileclares it would have passed this ordinance, and each
part, gection, subseclion, sentance, elause or phrase thereof,
regarilless of the fact that any one or more parts, sections,
subsectionsr sentences, clauses or phrases be deelared invalid.
SECTIqN 3 The repeal or the repeal anil reanactment, of
any provision of the Vail Municipal Code as provid.ed in this
ordinance shal1 not affect any right r^rh ich has accrued, any duty
imposed, any vioLation that occurred prior to the effective
alate hereof, any prosecution commenced, nor any other action or
proceeding as conmenced under by virtue of the provision
repealed or repealed and reenacted,. The repeal of any provlsion
hereby shal1 not revive any provision or any ordinance
previously repealed or superseded unless expressly stated,herein,
INTRODSCED, READ ON FIRST READING, APPNOVED AND
ORDERED PUBLISHED ONCE IN FULL this 18th day of October, 1977 and
a public hearing on this ordinance sha11 be held at the regular
rneeting of the Town Council of the Tor4rn of Vail, Coloradlo, on
the Ist day of November. 1977, at 7:30 pm in the Municipal
Building of the Town.
l'- lU {q.&s
{Fr t-
dts gl
EH J<dg
TOT.N CLERK
ADOPTED ANO ENACTED ON SECOI'I! REAOING AND ORDEREO ,^rfu0,(BY TITLE ONLY)
4-',19 / /..-r_
)'
-')
'.!
I
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- tr,,*
REOI'|LAR I,IEETING
VATL TOIIiI COUNCIL I t{wE}.tBER, 1977
The regular meeting of the Town Councll of the Tolrn of at 7:45 P.t{. on. Tuesday, November 1, 1977, in the Vail
Chanbers,
ayor John 0obson and the fol lowing councl lRrnbers were
Josef Staufer
Rodney Sl lfer
HJllian Heimbach
Robert Ruder
tlilllarn tdi lto John Donovan
others present i ncl uded:
Stanl ey F. . Bernstein, Assi stant Town lilanager
Lawrence Rider, Town Attorney
Yai l, Colorado vras convened
l,lunici pal Bulldlng Council
present:
nding and suMividing SDD4, Glen Lyon, uas in-s n0 dlscussion and Councilman Donoyan: rmved t as no discussion and
0RDltlANcE.N0. 29, series of 1977, rezoning a portion of vail Run fr0m Rc to sDDs ms
iltnlu:!1-9l,tirst..reading, havrng been iontinued frrnr the-0ctober te, tiir-rueitrng or the council. councilman Heimbach moved, to continue the first readiiq of the ordinance for.30 days, until the Decenber b, lgTz councii nreeting. - C6uicitniji-uonovan secondsd the nbtion, all present voted in favor; and the-mofioo carried,
91?l!4191,N9. 27, Series.of le7z, resardlns.short-term tax anricipation notes, was rntroouced on second readlng, councilnan llilto nnved to approve Lhe ordlnanci on second readinsi councilman-Ruder seconJeo irii-,ilri;;;-uii";;;d;-dil"il;ail"and the noti on caffied.
@sn0dlscussionandcouncilmanDon0yaninoved.to
apprcve the ordinance on second readingi councllman sllfer seconJed ttre mJttiri;- ar ali present voted in favor and the notion iirriea.
oR0IHAllcE N0. 30, series 9l-1917, ammdils Ttile tB of the vait trlunlcipal code and re-zoning certain parcel s within the Toum of-Vail in accordance with Groslh l{anaqement recormendati ons, was introduced on flrst reading by l,layor Dobson. The Mayor [hen
ilt19"::9,I9*! Attornev,^Lawrence Rider_who ex[tainea-th. regai asp€itliia ili" p"ocess 0r rne urolnance, Atten Gerstenberger, Director of conmunl ty Develbprnent for the Town of.Vail, was then introduced. He.ouuined the agenda roi trii ioii6winl"i"iiiniition
and explained the background which led to the deielopment of th; o"iii ninie-now -unoe.
consideratfon. He tpaced the hi story to the formatibn of the rown or viii goirs Comlttees and the results of their iork, then foi lowed ny ttre itafi worii nq-to' cot t ect data and information Hith the help of Briseoe, tlaphis ana tarnonti- a coniuiiins-lim rtmr
Pylggi,-g9]Cladot..g.lgng with assisrance from'Royiron, Hdnanor0, Beck &'Aoeyi-a con_
.1!jli.lg^fifl-Ilom Mill-valley, California, for a'pert6d of qro yeaiJ. -rtren",'working
wlEn cne vlannlng 0onmisslon and the subsequent fomation of the Citizens Cinmi ttee on Growth tlanagement, through bt-weekly rneeffrigs for a perlod or 6 months, "ep6"ti *e.e submttted bv subcomittees of the citizens Conmittee'to the Planning C6miiiioi, ioirning the basis and serving as an impetus for the current plan. re itren iniroouiii-ilict hllas' Lnaltman ot the cltizens Comittee 0n Gro[th l,lanagenent who outlined the details of .the process and results of the conmi ttee's uork and aided itriC-rre iei l-ine"ionmr ttee
1d,i!t-l!b::g1r1ittees represented a responsibte *oss-siitton oi ltre iiitiij-wiae interests.He rurthen stated that the conmittee was not a no-growth co ni ttee ano thaf he believed the recolmendations made vrere "middle of the rcad,'-recomenaations. ne ioiniinoia re cosnitte€ and the staff fol^ their v{ork.
Al I en,GerstenbergeF then sumarized the issues of the coml ttee,s report. stating that tlg cqrmlltge las strlving for equitv for all property oqmers and reim naiu ihe p."rons present- that the process is an ongoing one, deilgired to manage gfor,,th as op#seb to controlling gro th. Town Attorney Lairy Rider p6tnts out, io* iG'-#coia,'[ili- tne rutt report has been revieued by the councll- and thai copies hive uein miai-avitiiEie to trre publ i c.
Zoning A&tlnistrator,. Diana Toughlil, then defl ned the technl ca.l asDects of the deflnitions contained in the.refort.ind gave a urtet taiigrouna'oi-lrri-iriceil-tar"n to determine the reconnpndations wtich were being nnde . -Ed urager, Cl,iirmii-oi ttre Vait Planning comnission rvas i ntroduced' He outlined the proceos of itre'piinrii nq"conmi ssion and restated the approval of the planning comlssion hor the Growth lhnagendni-project.
tes/Regular Heeti ng
vsrber, 1977
e Trp
He relnterated that the Planning Comlssion had recen y passed Resolution #l of the vail Planning cormission which incoorporates ihe re-poit or ure iiiiziii,i' -
ctrIlttee on Growth fi'lanagernent. He pointad out that the vote of the planninq
Lomnrssr0n on the Resol ution was unaninpus for the recompndations which weri belng_presented here tonight. Resolution # I was presented to tG counlii-il the official docunent representing the planning coimissioni rec6,ilLiiilii,isl-
ltayor 0obson then invitbd citizen co ment. llr. Bob Byrd, a menber of the citizen.s ccftni ttee pointed out that the plan was based on-iiclors nog known and asks that the coarittee monitor the plan and review the sltu;iion on a yearly basis or he fears that.the plan might fair. He reconnenuea itrii a revien co,nmi tiii rie rmplemented aS soon as possible.
Mr. Bill Luke asked that the Town of vail not apprcye the flan. He stated that he fett that.the_plan was arbriuary, and cited seviFii-gene"it'oUjectiini-ij-tdidd;r;i;;of the plan based on inequities.
ilr. Lou Parker, a member of .the citieen's comlttee, reinterates that the sub-cornlttee on which he served has asked for.a lower maxtmum poiutition iigure"irlan-'int-oni'*r,i
"r,appears .in the r€port, and points our rhar ttre ei<iiling rigu"i nas-;iiniiiiuliy iii"du"a as a naxfmum reconmended figure,
Councilman Heinbach stated that he has been concerned with Section # Z.of the opdnfnance,and asked Diana Toughill to.clarify_the primary/iecondary Zoning-ltisiiiicition. r,rs.I!!q!f1l then.explained, usins a vitiey-wiiJ nib,-iiiciriciiiy irrii-ir;il il";"io be zoned.Louncr rman_nermDach again states.concern over the apparent ability to tell aru/,one rhat can be bui.lt on private land,_antl further states thil ne wttt votl against se-ciion + z of the Ordinance. r"rn. Ron Todd, a member or ure viii-pii"nt,ig-cofriiiiinl-iiu"rrl.,ilg.!rtfll of Secti0n #2, _sratins . that the zoning-ii based on pir_cent -or-eirA. - ur,uudre.y AbDott' a member of the vail planning conmission, responds in an attempt Eo flalfy tlt.e section in suesrion by stairns ihaa ;;;-;i ihe d;i;-oi"di iiiiiSi L 3 lgf" Ene.rrequency of rarge nrrror-irEge duplexes. councilman thinbach stated that ne oro noE Hrsn Eo berabor the polnt but that he still is opposed to the section.
l,lr._BlIl Shephard, a homowner. on Forrest Road, stated that he understands the DFoblems facins the Tonn of varr, but that he was concernea-doe"'ioin"uail;;,-;il;";i; lnut u,*zoning had_ been arbritrary-in that it did not include all areas oi-,iupi"*"il'-Hi ,tat.o that he felt that ovrners -of existing uuii.ainds wiie-uqi;g ri'o"iy-p"iiiiili-ina"Lqu.sts thdt a srandfather clause be incorporated inio the ordinince fo; &i;iiil b;iiaings in an area t0 be down zoned.
May.or Dobson expresses concerns also over sone elerEnts of the ordinanc€. s. Toughill and t'tr. Todd made a brief expranation in an attenpi io ciarrtiy ihi int"ii oi-ir,"'ordinance and. speci.ficalty Sbcrion #2. A brrer oiJcuision ue"twien i,ii56rs-it-ii"counci I and the audience then took place c0ncerning the question'ot repiaceien['or any buildings which might be destroyed and effects of'tne proposed new z0nlng on rebuilding.fir. Luke asked for coflnents in. rdsponse to nts earlier coNBnents. A brief dlscussion took place between counci.l members and lih. Luke "eiaiive to possrbre chanoes in p$Ia9!9i jn.:".n.. neishborhoods as a resurt or tni priiosiis"i;-i[;-offiiliie'ino r'rr.:lf:-s:l!e. cnat.he has great concern over what he perceives to be a different set of rures ror upcoflmrng deve ropflEnts as opposed to those governlng prcvious develbpments.Councilman staufer poinrs our that ruils do cha;d;.- ur, lure-flrirc"-qu.iiiini 'in"
rorrn,s rlsht to zone use of land but not popurarion. ciuncirrnan-siir{';il;;i;y';oiniing ort that courts and state statutes havb ipheld density iontr.ols. Town Attornei Lirrv Rtaer stated that this ordinance and the prdcess for i* iwlerentatton ari ieJiin"a'ii eorrect deficienctes in the_originai zoning ordinance'ano irrii iompict-nii iii6o"iioa,ere a goal of the new regulations rather ahan havi ng patchr{ort zoliirii, - ''-- ''
At this point in the rc€ting,.l4s._Toughill began a parcel by parcei explanation of the pppoqeg cfinq!'beginnins.with The Racquer ctul aia conti-nuins'io il,i'iiii'pi"ler listed in the Plannino cormission nrernoraridum of peport wtrictr is-atiaihia'ini iloi u po"t of these minutes.
trlembers of.the.audience speaking on behalf of property olrners who Here opposed t0 the changes being discussed were:
lltgrsy. Dick. Hart spoke on beharf of the owners of parcel 4, (,lackson. cook & Zablins(y)statlng that the owners felt they were not being rrealed fatit:i in ifri'p"iii:.iriin or zoning up the val i ey.
Attorney ilay Peterson spoke for the owrnri of parcer # 6, Lot 6, Block 2, ya potato
tes/Regul ar Meeting
uember, 1977
e Three
P|tch and_Lot 34, Elock I, Vail Potato Patch; stating that the olrners had suggested
a colpromlse. Roger Tilkemeier connended the o[ners for rrolunteering a dotfi ioni0g
cdlpromi se and expne$sed a hope that Parcel.C in Potato Patch cor/ld redni n open space.
He further stated that the covenants at this tine caII for Tract C to be recieafion
space'0r open spaoe. Diana Toughill and Larry Rlder state that future plan$ do call for that parcel to be dedicated to the Town of Vatl.
Regarding Parcel # 9, Lots l, 2, 3, Biock 3, Bighorn Subdivision 3rd Addition, Hs.Toughill cxplained the proposed rezoning. llqyor Dobson asked for any further conments fron the owner, l'lr. Bill Luke. Mr. Luke declined any further coment stating that he
does so on the advise of counsel.
l4r. Abe Shapiro spoke on behalf of'hls interest in the proposed zoniig of Pancel # i0,Lot 26, Block 2, Vail Village l3th Filing, statlng that he has proposid a conpromtse
and explained.the el ements of his proposal , r€mindiflg the cormci I that the ?laniting coNrnission had recornended approval of the coftpronise.
Dq,Fr..'pFn Ron Lustick sopke on behalf of the o{ners of parcel # ll, Lot 7, Block B,
Lionsridge Filing No. I' stating his case for retaining the existlng zoning and that
the owners of the lot feel that if Lot # I can retain the LDHF zoning, then Lot # li
sbould be al loued to do so also-
Regarding Parcel # 12, Ms. Toughill explained the zoning and the topography of th€ Lot
and read a letter of protest from the owners of Lots 3,4, 5,6,7, Block 1, Bighom
Subdivision 3rd Addition.
Regarding Parcels # 15 through 2.I, Ms. Toughill explained that all parcels in this grloup were to be changed from two-fami ly residential to prfnary/secondary r€sidential district. She read ietter of protest fron Fred Lazarus (Lot l, Block l, Vall Village lst Flllng)l .and- a letter of agreement vrtth proposed zoriing tion John iyler, the
olrner of a 3rd filing iot. She read a letter of protest fiom Col. Eauaia n. Brown,Lot 9,.Blk 5, Blghorn Subdivision sth addition, reqiesting additlonal infonnation and objecting to the down zoning. Joanna Peterson was preseni to speak on behalf of the
oxners of Lot 2, Vail village 7th Filing (Crawford House) objecting to the pKrposed
downzoni ng and presented a request for possible cpnsideration of viriance sincb tlle owners had wanted to build an additional buildlng next door. Counci lrnan Sl.ifer
ard l'layor Dobson agre€d in stating that perhaps design or variances could solve tne the problam.
A brief discussion followed l,lr. Shapiro's request for an0ther clarlfication of the
meaning_and purpgle of.the Primary/Secondary Zoning District. 14r. Lou Parker requests that all of the llth flling be placed under the pri mary/secondary district. Fol iowing
sorne discusslon, Councilmen l,lilto and Slifer stated that the llth f ing probably couid not he added t0 this proposal by the cowrcil. l.lr. Parker disagreed.
t4r. Hilliam Sheppard, owner of Lot 4, Block 'l , Vail ViJlage 6th Filing spoke on his otrr behalf in opositlon of the proposed zoning of his propert!.
!4ayor Dobgon- questi oned hol| far zoning could be used to accofiplish other goals.
counci lnan Donovan stated that these are selected parcels to be rezoned in an effort to preserve developing neighborhoods. Councilnnn Staufer stated that protection of a developing neighborhood can on'ly be done by zoning. Mr. shapiro asked for a clatifica on of the use of the word "density". A brlef dlscussion followed. Councilmar Staufer stated that basically the goal of this plan was to Dreserve the quality exoerience and that it can only be preserved through r€stri cti on o'f zoning for densltjes.' Lou parker
questions the ratio of pri mary/secondary distfict roning to straight residential zoning.l.ls. Toughill explained that they were the same,
Tovrn Attorney Larry Rider recormended to the council that the public hearing pontion of the meeti ng be closed and that the ordinance under dlscussion be taken sectio; by section
and any changes to be made be done by motion of tt|e council.
Councilnan Heinbach moved to remove Section #2 from the ordinance. illyor oobson Seconded the rEtloni Councllman Hetmbach and Mayor Bobeon voted ln favoF and all others present
voted against the motlon. The nntion faiied.
Tolrn Attorney Larry Rider explained that sorne elements of section #2 had been lnadvert-ently been omitted from the copies of 0rdinance #30 and he explained those addlfions.
Councilman llilto noved to approve and include those sectlcns iitt out. Counciiman Staufer
seconded the motloRi all present voted in favon and the nrotion carried.
ilfisffi:"lil,*"'nn
Sections of the ordinance were.explained brJefly to thE council by Larry Rider.Following the planning comission memo, each paicel proposed for iown-z-oninq
vras thsn considered and voted upon individualty: t{o nntion Bas necessarj' foi parcel
#1.
Counci lrnan lll lto noved that parcel #e remai n LDMF. Counci tman Ruder seconded the n611oni all present voted in favor and the motion carried.
Gouncllman Heinbach s,iroved to- approve the propDsed changes in zonlng for parcel #3.councilman Donovan seconded the notion; ill'present v6ted in favoi and lhe nrotion carried,
councilnan Heinback moved to retain LIltrtF for parcel # 4; councilman staufer seponded;all present voted in favor and the motion cari.ied.
councilman l'lilto rcved t0 approve the proposed rezoning for parcel #sl councilrnan H€inbach seconded the rnotioni alt preient voted in faior anh ttre motion iJii.ieu.
Councilman Heimbach moved to approve_ the compromise plbposal .that the owner's interest in Tract c be deeded to the Town bi vait. ' -cil;ciiman
Rudep secondgd the motionj councl lm'in Donovan voted against the no ofli all others present yoted ln favori and the notion carried. Parcel # 6 uas the parcel voted upon.
councilman Ruder noved to approve the proposed rezoning of parcel #2, councilman t{ilto seconded the motioni all present voted in favor and dte moilon carried.
councilnan Hilto noved to retain the L[fiF zoning for parcel # g. councilnan Heimbach secon&d the motion I all present voted ln favor and the notion carrled.
Councllr,nan Ruder moved to rezone parcel #9 as proposed; Councllnan Donovan seconded the notion; all present voted in favor and the noiio; carrled.
courcilnan Heimbach moved to-accept the conproni se proposed for parcel # 10. councilman lfl lto seconded the nBtion: councilmen stauier, sllier; Hilto ani Hetrtictr voted ln favor of tlre motioni counci lmen Donovan and nuaer votid agiinst tha motioni- -ihe
motion carried,
Counci lrnan llilto moved to leave parcel # 1'l as LDf'lF. The motton sas seconded by counci lnan Heirbach. councl Inen staufer, Donovan, Heimbach and ltilto voted in ravor oi thi motion;Councilman Ruder voted against the motion; The ftntion carried.
counci lman Ruder moved to rezone parcel # 12 as recorncnded, counci'lnan staufer
seconded the motion; all present voted in favor and the rDtion carried.
Counci lman Hilto moved t0 rezone parcel # 13 as recormended; Councllman Ruder seconded the rrctloni all present voted in favor and the motion carrled.
councllman Ruder noved to accpt the proposed rezofiing. of parcel #J4. counci ]man tElttDach sscolded the notion. . All present voted in favor and-the ilotion. iarr.iea. " -" :'
counci lnBn slifer "rnved to accept the proposed zoning for parcel s #'15 though zl . councll-
man Donovan secondsd the notion' Counci linan Heimbac6 votei against ttre moiion. All otherg present voted in favor and the motion carried,
councllnan Hilto moved to adopt 0rdinanc€ #30, series of 1917, r.ith the anendnents maoe by the council, on first reading. Counci lman Donovan secondei the motion.-Ai i-fresent
Ygteq i]t favor' except_Counci I nan Heinbach vrho again expressed his opposltiqn oi $ectlon f,Z 0f the ordinance, The motlon carried.
Resloutlon #20, Series of 1977 was introduced by lihyor Dobson. Councilman t'li I to npved to rlprove Resolution #20; Councilrnan Donoyan secoirded the rntion; all preseni voted in favor and the Reiolution was approved ty the councll. Resoluiion Jeo ieii forttr the upcoming week as llater Conservation l,leek in Vail.
hayor Dobson then tunned the meeting t0 the presentations and other natters, peoi
Gramshanmar. offi ci al ly requested the withdraial of a parking viriance for i'cari'for the Vail Athlctic Club. It t€s so noted for the record.
l,layor John Dobson then requested a roll call vote for the appointment of tryo members ro
|s$'r:fl'lirTneetins
serve on the Sign Revle* Conmlttee of the oeslgn Revie{ Board. The applicant! t{ere:
Toni Berns; Fred Distel horsti and Gail Strauch.
Fred oistelhorst and Toni Berns were elected to serve on the Sign Reviev Conrnittee of
the Deslgn Revley Board.
$ldyor Dobson then read the names 0f those persons to be appoi nted clerks and judges
for the upconing Councl I election on Novenber 22. 1977. All persons b,ere appointed to the positions, A listing of those persons is attached, and made a part her€to,of these mi nutes.
' Counci lman Donovan moved to adjoum the flFetlng, there being no further business for
the.Council t0 conslder. Councilrdn Ruder seconded th€ rctioni all pr€sent voted ln
favor and thc rneeting was adjourned at ll:15 pm.
ATTEST:
clerks and Judges
o
,roers, ,oect,,|cr +. te
LYI{N LAIIGI.IAID
cIr{DY ilor{RY
TOIII BERTIS
. CLERKS PRECII{CT # 12
DIAN}IE HA6EN
CHRISTA ELIAS
JUOGES, PRECINCT * Iq
KATHY ROSSI
DEBBIE SCOTT
NORIIII I. FREY
CLERKS, PRECINCT # 13
OOR()THY BACHRACH
JACKI PYKA
% *rsAr{u/qlL
SANBARA TOKET
KIT ABRAHAT{S
JOA}INE TILKq{EIER JILL BECffIilI
.:n ! oPPENHETH
I o
tlEt{oRAl{DUl4
TO:
.FRi0fi:
TotlN C0UiICIL
PLAI{I'|I }G COl'il{ISS I 0['|/DEPARTI'|ENT 0F C0{MUttITy. DEVEL0PI{ENT
0ATE: llOVEl,lBER I, 1977
RE: FECOI'$,IENOATIOIIS ON PROPOSED ZONING MENDI'IEIITS AIID DOhIN ZONII{G.
..- -I!9 rol.lowing is.a-stmtary 9I tle Planning Corrmission rreeting of September '19, 1977 and recomnendations of the Cormission-to the Council. -
:. Resolution llo. t .of the Vail Planning Conm'ission was approved vilhich adopted Phase-I sf the Comprehensive Plan and by ieference the maps ind alt aocumenti-to which the maps refer, as well as recognizing the Reporl and Recommendations ot the GpoHth Management subcomn'ittee.
._-Thq Plannlng Cormfssion then unanimously approved the Zoning Amendments putlined in the attached memorandum.
Eaeh parcel proposed for dourn-zoning was then considered individuatly:
I. Racquet Club (lS acres)
Fr@EEilFezorii ng: Reriuction of uni ts.
!{aximum units current zoning - 390 units, county approval 360 units l4aximum units proposed - 247 units Planning Cormission recormendation - Flaintain trlDl,lF with 247 units total maximum.
Ualter Kirch p.ropgsed to the, Planning Corm'ission that they consider his remaining undeveloped land and.a proportional share of the linA uaed i;; "-
recreatlonal amenities.at the proposed f'loMF maximum of lg unlts per acre or a maximm of 247.units. _This represents a 30% down-zoning toi'the bi'lance of the proposed proiect. All members were in favor with the-exception of miits.
2. Vail Inye:tment Properties (0.4 acres)
t Foposed Rezoning: LDMF to RC
Iila*irum units current zoning - 76 units
Maxlnum units amended LDlrlF - 57 units
ltlaximm units proposed rezoning - 3g units Plnnnlng Cqnnission recormendation - Rezone to RC
-$rafg Folson was present to obiect to reduction in density ('letter attached).The Planning corm'ission voted s for and Ron Todo opposeo-io ilri rezoning.----"-
3.',gs Eg4gs:g 17.971-!.glest approximately 6 acres buitdable),froposed Rezoning: LDMF with 60 units maximum to RC
Ittaxinnrm units current zoning - 60 units
I'tax'inum units amended LIMF : 54 units lhrimn units proposed rezoning - 3g units
Pa$e 2
Reconmendatlons
Anenffints and
o
posed
ning.
on pro
Ibwn Zo
Zoni ng
Planning Cornission recorrnendation - Rezone to RC
-8o! l$arner, representing the owners, notified me to inform the plannino
Cmnisslon that he has wlthdrawn his employee housing proposal anJ ttrit-tf,"i 'could procecd with the down-zoning to RC. -Planning coflnri;ai;n voieJ'ununffiusrv to rezonc the parcel
4. {ackson, Cook, Zabinsky (3.0 acres)
Proposed Rezoning: LDMF to RC
Itlaxinum units curuent zoning - 3E units
!4aximum units amended LDMF - 27 units . ltlaximum units proposed rezoning - lg units
Planning Coumission reconmendaiion - Rezone to RC
Cass Zabinsk.I !9s present to protest the proposed rezoning. After a lengttry discussion' all of the Plannjng commission. excbpt'Ed Dragir votea to reduce th-e iensity to.RC. l{a zabinsky later requested that the Plinning Coffiission "Llonlrtii} Iirlr"vote.in light of their decision on the }Jeisen parceli ttre mofion rai-aiiiiiej"'unanlmously.
5. Lots 2 andj+-9]9ek&.Eighol! Subdivision' 3rd Rdattton (.ZSS and .419 aryes)
llaximum units current zoning - 8 units
I{aximum units amended LDMF - 6 units
l4aximum units propoged rezoning - 4 un.its
Planning Conmission recormendaiin - Retain LDl,lF
€rika l,tcca'll was present-representing vail East Lodging. she pointed out that t|all East had a]lelgy vor.untarily doin-zoned two oi-tfrit" p""cEii'i;- ---
agricultural.and nroutd like to retain-the.possibifiiy it ievefoFing-iivi-or sfx units on-the-s$bJect-Property. The Planniirg comrnission'vJiea tb idtain-ilri ror,rr ronlng with Scndy Mills oppoiing the mot.ibnl
6. Lot 5, Block Z, Vail/potato patch (3.91 acres)'i.ggz-i""Ill
rroposed Rezoning: lilDMF to RC
I'laxim^m units current zoning - Lot 6 - 1.|7, Lot 34 _ Ag !4axirun units amended MDtitF - Lot 6 - 70, Ldt g4 _ tZ !'laximum units proposed rezoning - Lot 6-_ 23, Lot 34 - 5 ' Haxinm units proposgd compromi ise- tot g---tfi$fi(ff ilfiiH frsllffi#'
Planning conmission reconmendation - accept compromise
Page 3
Recsnmcrdations en pfised Zoning
Anendmnts and 0ettn Zoning.
_{ay Peterson was present representing the owner, John HaIl. He requested
the Planning Conmission to retain the ttlDMF Zoning whjch permits .35 GRFA as
oppased to RC at .25 6RFA and limit the unit maximum to 30 units on Lot 6 and g
unlts on Lot 34 to allow large luxury units. Peterson further proposed that Hal'l
xouJd be witl.ing to quit-claim to thl Torm of Vail his right to'deletop reireittonat
amenities and a tramilay on Tract c (adjacent to sandstone-Tot Lot). white, Abbott,0ragerardToddvotedinfavorofthecomprcmisewith1|an|onandMitlsvoting
aga i nst .
7 . Bel inda l{ard Weisen (1.5 acres)
l,faximum
llaxirurm
Flarimrnn
Planning
Rezonlng: LDMF to RC
units curent zon'ing - l8 units
units amended LDMF - 13 units
units proposed rezoning - 9 units
Conmission recornendation - Retain LDMF
Ms. l{eisen t.tas representeo by Jay Peterson who requested the property remain at LDMF sinee it is located between the Racquet Club and Timberfa'lis.' Miils nade a mot'ion for rezoning to Rc which was seconded by Han'lon; Todd, Drager, and Abbott voted agajnst', notion for rezonlng failed.
8. Lot 7, Elock A, Lionsridge Fiting No. I (1.234 acres)proposed rezoning: LIMF to RC
lilaximum units current zoning - 14 units
llaximum units anended LDMF - Il units
llaximum units proposed rezoning - 7 units
Planning Cormission recmmendation - Retain LDMF
representing the new owners, was present to protest the proposed
and to request the property renain LDMF beciuse of its iocitton Honnstake. Planning cormission voted ungnimously to retain the
Gary FIanders,
reduetion in density
direct:ly adjacent to
LDf'lF zming.
Proposed
flaxinun
Maximrn
Maxlmum
Planning
Block 3 rn Subdivi 1(}n
acres,
Rezoning: LDMF to RC
ion (Lot 1 - .800 acres,
I'lr. Bill Luke
the neetfng. Our
unaninnusly to
sl 9.
units current zoning - lot I - 9 units, Lot Z - l.l units, Lot 3 _ g unit unitsamendedLDI4F --LotI --7units, LotZ - Sunits, lot3-6unit units-proposed rezoni.ng - Lot'l -4 units, Lot Z - s uniirlLot 3_4 un Conrnission recormendation - Rezone to RC
Lot f.is owned by Jakob who has submitted no written protest.
who owns Lots 2 and 3.cailed in a protest at 6;00 F.m.-tiie'aay or staff'has since net with his attorirey. planning comnisiiin voteo down-eone all the lots to RC.
Anendments and Dorn Zoning
10. Lot Zt6, Block 2., Vail Villaqg.l3th Filing (2.891 acres,2.43 acres buildable)
l,laxlmum units current zoning - 34 less hazard = 29 units
l{aximum units anended L0ftlF - 26 less hazard = 2'l units ' lNaximum units proposed rezoning - 17 less hazard ' 14 unlts ' ihxlmum units pnoposed compromise - Llll'lFll6 unit maximun
Planning Comdssion recormendation - accept compromise
Abe S*nplro, the owner of Lot 26, appeared before the Planning Cmurisslon to ... present his proposed conpFomise, rhibh is a 55f, down-zoning. The Planning Cormission
voted unrnimously to recflrnend the compromise of retaining LD}IF with a 16 unit
naxinun.
Il. Lot'7, Block B,Lionsridse Filino No. I (1.541 acres)
ilaximum units current zoning - 18 units
llnximum unlts amended LDMF - 13 units
llaximum units proposed rezoning - 9 units
Planning Cormission recomnendation - Rezone to RC
LRB subnritted a site plan showing l8 unlts prior to the hearing v*hich 'was
dt*apprroved due to lack of requined drawings for zoning approval. 0n 0ctober 26,
gftsthcr set of drauings pas submitted for zoning approval. These contained
sufficimt detail fon pre'liminary zoning approval; however, these were disapproved
because 6RFA was in excess of allowable and insufficient separation between buildings
was provided. Ptannlng Comission voted unanimously to rezone from LOMF to RC.
12. Lots 3, 4, 5, 6, 7, Block '1, Bighoni Subdivision 3rd Addition (t-ot S - .442 acre res,
LotT-.822acres)
Proposed Rezoning: LIMF to RC
Maxirum unlts current zoning - Lot 3 - 5 unitsn Lot 4 - 5 units, Lot 5 - 5 units
llaximrmunits anrended LDiIF - Lot 3 - 3 units. Lot4 - 3 units.ltaxiunmunits anrended LDiIF - Lot 3 - 3 units, Lot4 - 3 units, Lot 5 -4 units
Lot 6 - 6 units, Lot 7 - 7 unjts
, l,hximumunits proposedrezonlng - Lot3 - 2 units, Lot4 - 2 units,
Lot 5 - 2 units, Lot 6 - 4 units,LotT-4units
Planning Conmission recomnendation - Rezone to RC
Lots 3, 4 and 5 are owned by Everling from whom no protest was rece'lved, 0r.
Bnmi, the swner of Lots 6 and 7 phoned in a protest after the Planning Comrission
hearing and has. now submitted a written protest to the Council (copy attached).
Planning Cmnission voted unanimously on.al1 lots to rezoRe to RC.
Page 5
Recomendatlons on
Afier&ents a$d D0{n
Proposed
ltaximm
ibximmr
fiaximum
Planni ng
I proposed Zoning
Zoning
t3.ivision Addition (Lot I - .526 acres,
43U acresr Lot 3 : .4
Rez9ning: LDI'IF to RC
units current zonlng.- Lot'l - 6 units, Lot Z - 5 units,Lot3-5units,
units amended Lt)llF - Lot I - 4 units, Lot 2 - 3 units, Lot 3 - 3 units unlts proposed rezoning - Lot I - 3 units, Lot Z : Z units,Lot3-2units
Gomnission reconmendation - Rezone to RC
Lots 1 and 2 are ogned-by Kidder and Lot 3 by Simpson neither of whom protested the_doun-lontng. Plann'ing Cormission voted unanimously to rezone ttre t-ots trom LIll{F to RC.
14. lbrld Savings and Loan (6.733)
@i/witt''97 unit maximum to LIIMF
!{axinurm units current zoning - 97 units
Maximum units anended I'IDMF - 97 units
l'lrxinun units proposed rezoning - d0 units
P'lanning Commission recormendation - To LDMF
ilalter Kirch, who has exercised an option on the subject prrperty, indicated ll,ll th9 qropgs{ rezoning appears ro wor.i< with his plans for Ltre'pari6t. Th;Ptanning cofimlission voted unaninous'ly to rezone the land frorn tDllF'to Rc.
Lots currently zoned_for Two-Family Residential (duplex) are proposed for rezoning t0 the new Zone 0istrict Primary/Secondary Rdsiiential, These aie iisted below by neighborhood:
15. W - Lots l-2l,.Vail Val]ey 3rd Filing.' Inese lots already have a covenant identical to the proposed rezoning.
-'16.' ltill"Creek-..grclg - !o!:-l-t9, Block 't, Vai.t Vi.nage tst Filing.F-tr1ffi"prffiwas fired oi r"eJ uaiarui'rii,'wrro owns Lor r.
17. Beaver D*am,Forest and Rockledge Road - Lots l-41, Block 7, Vail Vittage Ii- Finns.
18.
_to$ J;6, Block'l; Lots l-10, B'lock 2; Lots l_5, Block 3; Lots l-5, Block 4i Vail Village 3rd Filing.
Tharc were no protests fron property owners in this neighborhood.
Lower Forest Road - Lots'l-'l5, Block l; Lots l_g, Block Z; Vail Village 6iTTTifrs:--
A written-protest was filed by l,lillian p. Sheppard, the owner of Lot 4, Block on *hich is constructed a preientlv non-conioiriing'cuii"il'
tr+{ffi#,t iili,I:f:.3ltil l: tlii l;l;,ll"ih'i,f;H,-14, B,ock 6;
Lotr l-10, Block 't, Vail ,Village gth-Filing.--lb protests were received from-this area.
19.
:' lHfog**-ions on o*fr Zonine - f,men&nailts and Dorn ?on'ing
zA. gotato Patch - Lots l-33, Block'l; !o!9 2-5, Block 2i Lots 10-12,. dffiE[SdfvTFion of Lot 7, Block 2; Vail/Potato Patch.
Lots 1-7, Vail/Potato Patch Second Filing, a Resubdivision of Lots I and 2,. Vai'l/Potato Patch.
Property oryners dld not obJect to proposed rezoning.
, ' 2L Ejsllorn - Lots l-16, Bighorn Subdivision Second A<ldition.
f6lFil:6, Bornick SuUatvisron" a Resubdivision of Lot 14, glock-4, Bighorn
Subdivision 3rd Addition. Lots l-8, Block 4; Lots l-19, Block 5; Lots l-4,
Block 6; Lots I-20, Btock 7; Blghorn Subdivision Sth Attdition.
Ito protests mre receJved from owners in Bighorn Second Addition. The
Borwick Subdivision was approved with covenants similar to the proposed
nen Zone. One written protest was recelved from Colonel Browne who owns
Lot 9, Block 5, in the Sth Addition.
Plannlng Commission voted unanimously to approve the rezoning of each 1ot
enilrmrated in Items l5-2.l from Tvo-Fanily Residential to Primary/Secondary
Res'irtentlaL
Total density reduction as outlined
in Growth l{anagerent Subcoilnittee report - 447 units
Total density reduction as recorrnended
by the Planning Cornnlssion - 440 unlts
' There fs no "lcientific" way of ca'lculating the population reduction for the
Primary/Secondary rezonlng, but we are confident that it will have a positive effect
due to the smaller size of the second allowable unit.
I
!,IIHUTES
REGULAR }IEETIN6
VAIL TOI{N COUNCIL l8 0CToBER, 1977
The regular rneeting of the Town Council of the at 7:30 P.ll., on Tuesday, october 18, 1977. in Building of the Town of Vail.
ig!_r!ge rdi ng
.
parcel s A, B, C and O, stiting
Town of Vail, Colorado was convened ,the Council Chambers of the l,lurricipaf
;.rl
lilayor John Dobson and the following Council $embers were present,
John Donovan
Rdd Sl i fer
l,llliiam Heinbach
Bob Ruder
Uilliam l,ilto
others present were:Terrel] J. Minger, Town I'lanager
Lawrence C, Rlder, Town Attoiney
el opment Di strict rnr rne area tner@s, ierrnl tted usis,accessory uses, density, parking, recreationai amenititi iax- ft."nr"i"i q\,r.rsru.J ule5, uensrEy, parKrng, recreational am€nitits tax, fireplaces portation' and setting forth deiails relating tfiireto, was introduied -on
Attorney Jav peterson-and Deveroper.Anov tioiii i"iresented the ,uy ini
0rdinance No' 26' Series of 1977 rras introduced on second reading, Toxn Attorney Lalrrence Rider.explained that the purpose of 0rdinanie #a6 was to amend the irunicipar code by the additlon of Private clubs as.a conditional use'in the riJioiiiiiii iiuiler ano .tow
densitv nultiple familv zong:,1!9 settins forth details in "Jiiiio,i-io-il;";;.. councilman t{ilto nbved- to approve the ordinance on second reading., Councilman Ruder seconded the motion! ali present voted in favor and re oruinince-r.ras passed on second reaoing.
Ordinance No. ?7, Series of .1977, to contract a special and linlted obligation on behalf of the Town of vail' coiorado,,by.issuing ttis irroii-19rr notes in the aggregate principal anount not exceeding $300,000.00 in.anitcipation of rhe coilection-oi ;;i;;";u* revenues for the months of December, 1977 and Januai-y and February, rdza,-;aia noiii to o.tur*on or before Nav r' 1978' for the^purpose o? defraving ci,""unt-e*e"niri-iio il.ting current contractual obligations_of thl lown, and fresiribing tne iorm-or-siia snort_erm notes; Assistant Town ManagerlFinance Direitor, ltan gernil"in-.ipiii n"a-it I pu"por*of the ordinance and read tfie iitre into ttre-oririiir ie"o"J. c;ffi;;iil; ilui.. *u"o to apprcve the ordinance on.first reading; councilman u;tto seioniea'liu i.ilii on, nrr present voted in favor and the motion caified.
4, to provi de
certai n
and trans -first readi ng.
expl
that
property.
and that
Town Attornei Lawr6nce Rider sfield Corporati on that owns Diana Toughll l explains that lilansfield will need to come in with a masterplan when they
each subdivision can nnsterolan
are ready to develop i EIR.
cilman Donovai
seconded the motion;Au preibnt vored tn i;*;; a;; ir,i-,ioii""'iiiri"il
0rdinance No' 29, series of ig77,.amendin9 speciar ,development district 5 and providing for a developnent plan and its contents! pernritiEa -ionai
tionai
-
ind i.i*ii.y-"rii., devetopf ment.standards, recreation.anenitiei iax, and oitrei speciat p;o;i;i;;;,';s-introduced on first.readinE. Developer.Bob Byrd.made i p""riniJitoh reea"lins'ibu"iin.iip*"nt ot an additional phase of vail..Run-and introalcia-irri'a.ir,ii6it wnJ iiiciiiei-{i," oesign elenents of. the project. , Mr;_Byrd statea-irrit -irre
present plan |,ds an effort to comprorni se bettYeen the originai development piin-fribr to aniiiir-tiin iiia-ir,"' proposed plan after the annexation or Lionsridgb;;d Iffi [he-aevelopers-riio r,op.o-ir,"t this plr would eliminate the necessity ot pursiing i piiririg runsuii'igirnii inE'i*n'ot v.ir reiative to the proposed zonlng. oh denstiy oi-ine"iroperty roirowins-l;e'iinexatto,councilman 0onovan stated that-he
.
qris ti o'ns- hon"irlh br u" corp.oriiE r,ii il'iii n.r,stated that he failed to see the : risti fi iiii on oi*ine denslty of rhe currently project. tte further stated that ine rensity of-ih. .r""ent project is unaccr hi{: He reminded the deveropers that the cirrreni iveiage aeiiiiv-Jr'iiilil;"unites per acre and that at gtrg tine of anni*ifionl the residents of thar theJ wanted less density in future dever;fi#;. -"ri"
then stated that I reduction in the proposid project t"om-ttE iiiginai' proposats for de,Ruder stared thar he was slrpiisia *rit-iio;i,fi;;i lenitty irrinir.i r*
asks-ThE FTh'e-!
neighborhing its own project
,i
,rnulhrur.oR r.rEETINc
IB OCTDBER. 1977
PAGE 2
l{ayor Dobson then moved on to a disucssion of the Town of Vail 1977-'18 CaDitol
Program- Members of the audience were provided copies of the proposed prbgram
Mayor suggested that it be studied by all those in attendanc€ in that it was a
program subject to later approval .
The t'layor then explained the proposed rates for the 1977-78 Transportation center and the increases. Stan Bernstel n discussed the need for rate increases to generage additionat
revenues to offset the debt service on the facility. He stated that the-termihal will
open for -pai d -parking- on ilovember 23rd. Councilnan 0onovan mved to adopt the pnoposed rates; Councllman tl|'l I t0 seconded the motion; all present voted in favoi and the inatton
passed.
The Mayor presented the names of applicants to the vail Planning conmission as: scott
Hopman; Jin Potter; Tohi Berns; Dennis Mtnshalli llill t4ilter and Barry Lasbert; A wt€
Nas taken and Scott Hoprndn was elected to serve on the Vail planning Cormission.
Appointment of tto nembers to the Sign Com ittee of the Design Review Eoard was discussed.since all the candidates were not present for intervie$, Counc i'lman llilto rnoved to Dost-pone appointments for two weeks, untii lilovember'l ,1977, Councilnnn Slifer secondei the motion; all present voted in favor and the motion carried.
and that he agrees with Councllnan Donovan. He further stated that he sees the pliln as
unacceptable in terms of denslty. Councilman Slifer stated that having voted agalnst the
original development plan when he was serving on the county Planning Coflnission, piior to
annexa'tion of the area to the Town of Vail, feels that the project is too dense for the
area and regrets the arbunt of 'comercial space in the proJect.. Dudley Abbott cornrlonted
that he would remind the councii and the public that the area is comFrcialiy zoned so
a higher density would be acceptable in that area. Ed Drager devended the action of the
planning connission in approving the project and stated that lt is compatible with the
philosophy of the growth managernent plan for the town ln deeping high density projscts
together in the same neighborhood and further that. he felt that this r*as the logioill place
for a project of this nature. Two owners of the Breakaway ll€st project requested dhat
the parking question be addressed in terms of the density of the proj€ct. Bob Byrd
then expressed dissappolntment and concern that the Council had waited untii such d.late
date to expness its negative responses to the denisty 0f the project. ti,layor John Dobson
stated that apparentiy the basic problem tras one of density only and expressed appy€ciation
for the efforts of litr. Byrd in the growth nanagefient program and explained the cholce 0f
the council in teffis of delay 0f the project or voting on the project that night-
Councilman Heimbach r,'bved to continue the hearing until the regular meeting sn l,lovenber lsti
Councilman Donovan seconded the motioni Al.l present voted in favor and the motion carried.
Resolution No, 'l9. Series of 1977, authorizing notice of bond sale for $2,350,000 General
obligation 8onds, Series Decelber 1,1977, of th€ Todn of Vail, Colorado was read and
introduced by llayor John Dobson. Councilman Donovan moved to approved the Resolution i
Councilman Siifer Seconded the notioni all present voted ln favor and the motion phssed.
The next item of business on the agenda was a dlscussion of an dppeal of the Design, Revier(
Board's approval of the Alice Parsons duplex on Forest Road. 0iana Toughill explained the
history of the request for approval and the results of the approval by Deslgn Review Board.
Citizen Tom Jacobson and several other neighbors of the project expressed concern a[out
placefient of the dupiex on the lot, disruption of views in the neighborhood and of the quality of the project. Design Review Board member Biil Ruoff defended the decision of
the board and stated that al] precautions have been taken to insure the quality of the proiect. l,layor Dobson stated that the Council can only be guided by the best j udgenrent of
the Design Review Board. Ms. Parsons stated that the duplex and the lot values exceeds
those of the neighborhing hornes, Mayor Dobson asked for clarification from the counci I
as to approval of Design Review Board decision or not. Councilman Heimbach loved to
uphold the decision of the board; Councilnan Slifer seconded the notion; all presont
voted in favor and the motion to uphold the decision to approve the duplex carried,
Improvements
and the
proposed
Hith no further business, the meeting was adjourned
Parcel
Etce|pt {nrvr E tl' l1?"
- Exhibit No. Z
^Schematic of permitted Land Uses Special Development oist"iii nol-q
Approximate Permitted
A
B
c
0
The }fansfield Corp-
Gore Creek Associites
Gore Creek Associates
GoFe Creek Associates
17
?0
57
3
SF,DF,MF
SF,DF,MF Cluster
SF,0F, Cluster
Offices
.Density Controi
(l'laximum Limits)
252 units
240 units l7l units
10,000 sq. ft.
Note: Cluster
SfG;nb
DF means
MF means
ntsans a residential
single family.
duplex familv.
mul ti -fami lyl
c'luster, 6 sites per acre.
Source: Title 1g! ghapter .18.46 of the speciai-oeielopment District ,,.o:'l]ttout code of the Town of vail,
-3-
SECTION 2. THE SETTING
Vjsual Impressions of the Entire Tract
As one drives west from the Town of Vail along the South
Frontage Road past the Town's majntenance and storage shops, one is not aware that the open land lying south of the highway for the
next three-fifths of a mile is in several different ownerships.
The observer ls only aware of the fact that there is a gap iir ttre
deve'lopment between the western edge of the Town of Vaii hnd a point
alftost three-quarters of a mile to the west where housing develbpment
begins again in llest VaiL
The Glen Lyon property south of Gore Creek is large'ly in its fiatural state, with the exception of an unimproved road-which
fo1 lows a land bench running from west to east about 200 feet
south, and east of Gore Creek and about 40 feet above the elevation of the channel . The Mansfield Corporation's property is also
undeveloped. An unimproved road takes off from the South Frontage
Road and slants downhilI toward Gore Creek to a cluster of rustii
log buildings which are in a separate Z.2-acre parcel on the north
bank of the Creek.* The 1og buildings by Gore Creek seem to be
the farmstead or ranch buildinqs (datinq from the 1930's) for the
vacant land on both sides of the Creek. Viewed from the South
Frontage Road, this is a tranquil setting, with the Town of Vail
out of sight to the east and only part of the developrnent in blest VaiI visible.
Vfess into the Property**
Our primary interest is in the larger Glen Lyon property. To
the casua'l visitor to the area, it can be seen from the South Frontage
Road or from the interstate highway. 0n the highway, an observer
would be trave'ling at a reJatively high speed, and theproperty would
be fully in s'ight for about only 45 seconds at 55 mi'les per hour.Traffic on the South Frontage Road is somewhat s1oweri there is a greater opportunity for travelers to look at the property more c1osely.
Various aspects of the property can be seen from djfferent parts of
ttrc South Frontage Road.
I At the east end of the property, just west of the Town shops,
I the observer is aware of the narrohr bench between the south Fronlaie
Known as the Robinson-Daniels property.
Exhibit No. 4 contains a summary of major view corridors.
-'t0-
VIEWS into from the site
Exhibit No. 4
Visual Analysis of the Site
Glen Lyon Property
and Surroundings
ao
((*^.,',-1
;A.
-"uJ,
LT(JEND
&f:ffi ^:,#:
ct ou'6tior'n d,tdd&
{f
|,ry fnt' Frsahfs r",l onA
nrgroaq,
Fvovn toithin lht d{t,.
A, Af otroom le,vd .
s,
,I
'
GliwluA.lLgh,'ra1ad
rrroviq cDB td vi.erbloor
rnoqrnatlq viabte,
b, l.{r*hoari Elw5[ron ,6w
*diq co*L"t *fr hghtq.
bp iral* lravtry valt",.
'
C. LohinqJown f hghrq utd
othrdav'eJopun efr .0u a*ufuftno
-11-
Fdo'A " * ,no
30 2OO
Road and Gore Creek. This bench is about 800 feet long and 100
feet wide. The stream bed is not visib]e since it lies approximately
30 feet 'lower than the bench. The backdrop for the bench is a
steeply rising, forested hillside on the south side of Gore Creek.
Proceeding west on the South Frontage Road, the observer can
look across Gore Creek to the narrow strip of Glen Lyon property
0n the south side of the Creek. The meadow 'lands are part of the
6len Lyon property and a'l so part of land managed by the U.S. Bureau
of, Land ltlanagement (BLl4). Beyond the meadow is a tree-covered hlllside in the nationa] forest to the south.
Beyond this constricted point, views are afforded across the
Filansfield property to the Glen Lyon property beyond. One is
visually aware of the open Flansfield land, which slopes to the
Creek. The Creek is outlined by vegetation along its banks and an
open meadow which rises away from the Creek on the Glen Lyon property
to the south. A fringe of white and light green aspen at the upper
reaches of the meadow is backed up by the darker green conifers
extending up the steep h'i1'lsides. This view is partially defined
on the west by the Fall L'ine Apartments and Park Meadows condominium
project.
This panorama of a major part of the site is visible for a
distance of about 1,200 feet along the South Frontage Road. At its
Hestern end, nean a point where Gore Creek again comes c'l ose to the
South Frontage Road, the view into the site is blocked by a mound of earth left on the south side of the South Frontage Road when it
was constructed. Once this obstruction is passed, only limited
yiews into the lower port'ion of the site along the Creek and into
the meadow area are afforded because of the trees.
There are additional views 'into the property from other
vantage points, but these views are not available to the Vail visitor or traveler. These views are from several residences
located 0n the h'il Isides across'the highway -to-the-north;' -Observers'--
in these locations wi'll be afforded a bird's eye view of any
development which takes place on the site. They wi1'l see the roofs
as well as the facades of the structures.
Views From tJithin the Site
Views from within the site vary with 'location and e'levation.
Views fron the buildable bench just west of the Town's maintenance
shops and serv'ice stations include the development on-the nopth --
side of the South Frontage Road and down the va11ey to the west.
Views are closed jn from behind (to the south) by the steeply rising,
tree-covered slopes of the BLM land. Above ground 'level , views are
those of the surrounding peaks that frame the Gore Val1ey.
-12-
I
The centra'l and major portion of the G'l en Lyon property has
varied topography and allows for different visua'l impressions.
(See Exhib'it No. 4.) From the south s'ide of Gore Creek and from
the level of the Creek, the activity of Interstate 70 is screened
out by the stream bank vegetation. Through gaps in the trees,
npvement of the tops of cars can be seen on t,he highway, but the
roadway itself cannot be seen, and the sounds of the traffic are
almost lost in the sounds of Gore Creek" The area along the Creek is the most private and cloistered part of the property. This
suggests that it should be disturbed as little as possjble to
acconunodate the proposed deve'lopment. Th'is approach will protect
the floodplain, keep a natura'l area free of development, and al'low
incorporation of a natura'l amenity jnto a future development plan.
As one moves upward (south) from Gore Creek, highway traffic
and nojse become more apparent. At about elevation 8,060, highway
movement is about level with the eye, although the roadway itself
cannot be seen. At elevation 8,100, both the traffic movement and
the roadway can be seen; the traffic noise replaces the softer
sounds of Gore Creek -- 400 to 600 feet away.
From an elevation of 8,.|00 feet or above, there are three distinct views from the site, A tree-lined Gore Creek softens
the immediate foreground; the interstate highway and its frontage
roads lie in the middle distance; and if the eyes are liftqd above
a horieontal p'l ane at this elevation, excellent views are afforded to the peaks on either side of the valley.
This triad of views is not universal throughout the site
above I,.|00 feet elevation. In some places, aspen extend down
the s'lopes. These views are blocked from locations behind the
trees, or at least filtered through the trees.
The remaining northwest corner of the G1 en Lyon property has its own visual character. It is defined by a south property line
i n-firont of the -Fal l- {- i ne -Apartments and Pa rk -}leadows - condomi n i ums,
by the bend in Gore Creek at this location and by the topography
which consists of two well defined benches -- one lower than the
other, between the higher Park Meadows project and the lower Gore
.Creek. The trees along Gore Creek and the higher surrounding
topography give this small enclave a sense of enc'losure. Some
highray traffic can be seen through the trees from the upper bench.
The highway is almost lost from view from the lower bench. The
peaks defining this part of the Gore Va11ey can be seen from most 'locations in this area. There is no view of"the west-end of the
Town of Vail from this point.
-l3-
I
(
ORDII.IANCE IIO. 5 series of f-t7 6=-_
AN ORDINAI.iCE..ESTABLISHIIIG SPECIAL DEVELOPI4ENT DISTRICT 4 AND AHEIIDIIIC trrE iOiiUC ORDII.IANCE AND TUE oFFrcrAL zoNrNc MAt. --- -
I{ltEnnAS, ArLicle 1, Section 1.20t, of the Zoning
Ordinance, Ordinance No, B, Series of 1973, of the Torvn of
Vail, CoLorado, as amended, establishcd. ehirtcen zonj.ng dis_
tricts for the nunicipality. one of rvhich ls the Special
DevelopmenC Dis trict;
Iimi ted
IVHEAIAS, Mansfield corporation and Gore Creek Associates,
^artnership,
submicted as ov/ners applications requesting ti)at
the Tor,rn establish Special Dcvelopmcnt DisLrict 4, hereinafter
referred to as "SD4',, for the development on its parcel of land
comprising 97.52 acres in the portion of the Lions Ridge area,
County oi Dagle, State of Colorad.o, which vras annexed. to thc
Town effective on the lSth day of December, I9?5:
I{HEREAS, the establishment of thc requested SD4 uriII
{
ensure unified and coordinated developmeni.ancr use of a criticar.\ sitc as a vrhole and in a manner suitable fo! the area in rvhich
it is situated; ancl
(
I,IIIEREAS, the Town Council. consid.crs that it is
reasonable, appropriate, and beneficial to the To\.rn and its
citizens/ inhabitants, and visitors to estabr_ish said sD4;
NOI{, TI]ERNFORE, BE IT ORDAINED BY TIIE TOITN COUNCIL
OF TIIE TO! N OF VAIL, COLORADO, AS FOLLOI.IS :
Section 1. Title.
This ordinance shall be known as the ,,Ordinance
Establishing Special DcveLopment District 4,,,
section 2. Amendnent proced.ures pulfiLj-ed; pLanninq
Cornmission Report.
The amendment procedures prescribed in Seetion 2I.500
of the Zoning Ordinance have been fully cornplied. with and the Torvn
CounciL has received the report of the planning Coruflission recomrnending
)
Lllc cnactmcnt of Ehis ordinancc.
, section 3.. spcciar Devclopmen. Dis'rict, 4 Est.abrished:
Amcndments to Zoning Ordinance ancl Official Zoninq ilao.
rursuant to the provisions of l\rt.ictcs t, 13, and Zl of the Zoning Ordinancc, Orclinance Sto. g, Scrics oi 1973, of the
?own of Vail, Co1orado, as amencled, Specral Dcvclopment District 4 (SD4) ' a speciar developmerlt zoning district, -is hercby csiabl.ished for the dcvelopment on a certain parcel- of 1and conprising 97.52 acres in the Lions Ridge area of the Torvn, and the Zoning Ordinance
and the Official Zoning Map are hereby anendcd bl,. the addition of the following provisions which shal,l beconc thc Fourth Chapter of Article i_r, the caption of which si)aIf be ,,Special DeveloDnent District 4,,, and a map vrhich sha.LL bcconre dn addition to the Official Zoning Map:
A. purposes.
Special Dcvelopment District 4 is established to ensure comprehensive d.evelopment and use of an area in a manner that witl be harmonious vrith the general character of the Torrn,provide adeguate open space and recreat.ional amenities, and
Promote the objcctives of the zoning Ordinancc; Special Develop_nent District 4 is created. to ensure that the cievelopment density wi1.L be relatively low and suitable for the area and the vic:.nrty rn which it is situatecl, the d.ever-ooment is rcaarded as comprernentary to the Town by the Tawn Council and the planning Com,nission, and there are significant aspects of the special clevelopment i.rhich cannot be satisfied through the imposition of st.andard zoning disericts on the area.
B' special Dever-opment District 4 Established-
(1) Special Development District 4 is estabLished for the development on a parcel of land comprising 97.52 acres as more particulari-y described in Exhibit A Legar Description at.tached hereto and nade a part hereof; Special DeveloFment District 4 and said 97.52 acres may be ref,exred to as ,,SD4,,,
(2) The oistrict shall consist of four separate
I l;..
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development arcasr as idcntified on the x!tachccl map consisting
of the follorving approximate size:
DIiVnt Op[tENT AREA ACRI'TIGE C
16. 82
!0 +
J/ f
D 3*
Ilcvcropmcnt Area A is norv orvned by thc itansf iclcr
Corporation, uominee. Development rlreas iJ, C, ancl D are no\y
owned by Gorc C'eek Associates, a limitecl partnersi)_ip o'ganizcd
under the larvs of the State of Coloraclo.
C, Development plan Requirecl .
(1) Before the otyner commences sitc preparation,
buiJ.ding consttuction or other improvments rvithin SD4, ghsls ,6.11
be an lpprovcd Development plir.n for SDzl . Devclopment of SD4 may
be phased by Dcvelopment Area ancl tyithin Dcvclopnlent Area but a
sufficient amount of information shalL be suppLlect rvj.th respect
to all Developmcnt Areas in orcler to aLlo\y the planning Commission
( and Torvn Council to ensure the compatability of any proposed
Development plan with the rcmaincler of SD4.
(2) Each Development Area sha11 bc subject to a s1ngle
Development Pfan. Devclopment plans -f or a portion of DeveLopment
Area must conlply with the provisions, terms, anci conditions of the
Development pIa-n for the Development Area.
(3) A proposecl DevelopmeDt plau for SD4 shall be sub_
mitted to the Zoning Adrninistrato! lvho shalr refer the Devel.pmenr
Plan to theFlanning Commission and to the Design Reviev Board.
which sbaLl consider the ptan :rt a regularJ-y schecluJ.ed meeting, and
a report of the planning Commission setting Jorth its f:-ndings and
recommendations shall be tra-nsmitted to the Torvn council in ac-
. "ordance rvitlt the applicable provisions of Article 2L hercof.(\
Dn
(.1 ) Upon r.cceipt o-t rc proposod Dcvcloprnenr plan
and Planning commission rcport, the Town Council shall determine
rvhether the plan is acccptable to the ?o1vn in accorclancc rvith t.hc applicable provisions of Sections 21.SOS ancl 21.506 hercof. This determinat'ion by the Torvn counci.l sl:arr be made througl.l its enactment of an ordinance arnending the provisions or sD4 to incorporatc the Development plan as an amenclment thereto, and shaLl become the approved Development plan.
(5) The Approvecr Deveropmeht pfan sbalr. be used as the principll guicte for all deveropmeut vithin sD4.
^mcnclemnts to an Approved Devel.pment plan rvhich rro not change its substance and tvhich are duly recommencled 1n a report of the planning Comrnisston
may be approved by the Torvn Council by resolution. lacll phase of dcvelopmeit shall require, prior to issutncc of builcling permits,
approval of the Design Rcviel Board in accorc1aace l,iith appljcable provisions of Article 1.5 hcreof.
D. Contents of proposecl Development plans.
(1) Before any site prepr-rarror, buircring construction or improvements of any arca rvithin SD4, thc cie'eJ.oper s.halL submit to the Zoning Admihistra_tor an ovcraLf Environmental Impa.ct Reporl for SD4 in accordance $ith the alpricabre pl.ovisions of Articre 16 hereof; providecl ,rat such overall En'it_o'mentaL lmpact Report shall be supplementecl lvith respect to each Devclopment Area as herclnafteJ.provided.
(2)
is not liDited to
$
A Proposed Development plan shall inclucle, but
thc f ol L otvi ng data:
I. The complete Env:.toger her,;i;n-l' aliilil:il"i'"ffff l":;ff H:",rnpact Report vhicir' urtngs-irri"o.i*ir"r Report to a current status, supplementing such report with respect to ti,i-OevJi"p_ment. Area or Development ai.uir-inioiiea and is acceptable to tne t;;i;s-;;irl:.strator.
2. Existing contours_having contour intervals of_nor more than rrve (i1 i,j"i-irt""",rhe-average srope of trie'siiJ'i!-20 per cent or less .tvi r. contour intervals or not
3?.:":n:l_l"l^(1gl feet if trie-""eraie srope ;:..:i: srLe_rs greater that 20 per cenr,:I].:i"F and proposect contours aricr-graaine ror each phas e.
\v TownTl-eTI.--
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fr
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3. A conc€ptua] sitc plan, rt a scalc not smaller that onc (i) inctr = 40 leet,shorving thc locations ancl clirncnsions o-f all builclings r.nd structures, uscs thcrein,ancl all pri n cip:rl sitc cicvcloprnent features,such as La,ndscapccl ,r.,...s ro".L.tion:rl facilitics, per.lcstri:tl pI:rzai ancl \,jr.lkrvays,scrvlcc entrics, dri,,,cways, .rncl off_strcet par.liing ancl loacliirg ar.cas.
4. A prcliminary lanclsc:rpe pIan, at a scale not smaller ttrai one (i) incir =,10 f eet , shoreing c.\is ting la,irlseape fcaturcs to bc retaiuccl 6r rcmoved, and shorving, proposecl landscapj,ng ancl landsea.ped sitc devcloproot i"rtr,""r,such as an ouLdoor r.ecrcational f aci j.it j.es,bicycle paths, trails, pedesiri an plazas and tvallitvays, waier features ancl other eLements for' each clevelopmenr area.
5. PrcJ.iminary building elevatj-ons, sections,and floo! plans, at a scale not smaller thc,n.1/8 j.nch = I {oot, in suf f ici.ent detail to detel.mine f J,oor area, gr.oss residential floor area, interior. circulation,location of uses \yithin luilaings, anO the gencxal scale and appearance of the proposed development for each clevclopment a.rea,
6. A proposed plan of per:l<ing, loadlng,traffic circulation, atrd lransit facilities;a.nd a proposed progr.:un for satisfying traffic and tra.nsport.Jtion Deccls r.Fnr.r.,rr6.t by the clevelopmen"t ror. e""r,
-Jer.rEprJ"i "ii"".
'1 . A volumetric model of the site and the proposed developmcnt, at a scale noc smaller than 1 incl.r = I00 f cet, portr.:Iying the scale ancl relationships of 'tirc p.oposEA deveLopment to the sj-ce allcl ilLustratang the f orm ancl mass of . thc proposeci builc.lings for each clevsL6pmsnt :r1\,.a'
8. An architectural model of cach pr.oposed builcling at a scale cleemecl appropr-Lats to the development by tha Zoning Administrator portraying design cletails f,or each phase.
9. A proposerl program incticating order of construction phases, transportation facilities,and recreational amcnities,
10. A proposal regardilg the cledication to the Torvn or private ownership a.nd maintena-nce of that portion of the Development Area rvitllin the iOO_year floor plain of Gore Creek. In the event tbe 100-year flood plain is not dedicateci to the ?orvn such lands shalL be subject to a right of public . a.ccess to Gore Creek, and the right to use a portion of, such Lands for a. .bicycle path, and for plrk purposes providecl tira.t the locaiion and use of such fa.cilities ancl access shall be deter_mi.ned by mutual agreement betrveen the Town a.nd the orvner of the development areas involved.
D, Permitted Uses.
SingLe-family residential drveJ.lings, trvo_family
-{
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t
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rcsidcntial drve11i,,* c.nd resldent.ia.l clust.cr chvctlings shall be
permitted uses in Derrelopment Arcas A, B, ancl C. Trvo family
drvelli.ngs, resldential cluster drvellings, and multiple family
dwellings shall be permitted uses in Development Arcas A & 8. .
Professional off i.ces and business oflices, tvl_th .r total
gross floor area not to exceed
shrl1 be a. permitted use in Dcvclopment Arca D.
F. Conditional Uses.
Thc follorving conditionnl uses shall be
subject to the issuance of a Conditional Use permit in
rvith the provisions of Article lS of this ord.inance,
various Development Areas as hercin specifiecl:
CONDITIONAL USES DEVELOPNINTAREA-ABCD
per.mj. t t ed
ac corclan ce
Ior the
Private clubs, c j-vic, cultural
and fraternal organ i zat rol] s
Pubtic utility anct public services
Public buildings, grounds and facilities
PubIic park and recreation tacil-itics
Ski. lifts a.nd torvs
Institutionr-l or educational ccnter: providccl that if said ccnter is constructecl , thcn the follotving shall be conclitional uses 1n conjunction therewith: lodges i ncJ.u cli ng accessory eating, drinkj.ng or recreational establishments--not occupying more than ZO%of the total gross floor area- of the 1ocl|{e to which it is accessory;Public or commercial parking facititics;Professionat offices, business offices and
s t udios .
xxxx
XXXX
xxxx
xxx
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The term ,'InstitutionaJ- or Educational Center', sha11
mean a public or priva.te institution for learni,ng, i.nstruction or
continuing educa.tion. such facilities may be utiri_zed for seminars
or educational programs and may include conference and meeting rooms,
a.udio-visual facil,itics and necessary accessory useage such as
dini-ng rooms and eff i-ciency drvelling units. The phrase "efficiency
drvelllng units" sha.ll nean any room or group of rooms \vithout full
kitchen facilities, but ivhich may include a refrigerator, sink 'nd
cook top of no more than trvo heating units, designed for or adapted
A\f
=_-'.-_:-.-lovrn L rerK b,
to occupancy by inclrvi.duars attending the rnsticutional 0r, Educational
Ccnter; the ef f icierrty chyelling units shalL be acccs-siblo from
common corridor.s, ryalks or balconics rvi Chour passrntj through anorne!
efflcicncy drverring unit, s.Ccornrnodr.t ion urli L or dwcrring unlt and each
said unit shalr. not exceecr 400 square feet, :lncl shall bc consrcrcred in
determining thc total CnIrA aLlolvecl for each clcvcLopncnt irrea.
C. Accessory Uses.
The fol.Iorving accessory uses shaLL be pelmitted in
Development Areas A, B, & C.
1. Ilome occupations, subject to issuancc of a hone occupations pernit in accorcl rvith the provisions of Section 12.300 hereof.
2, Othex uscs customarily inciclcntal and accessory , to permitted or conditiotral uses, ancl necessary for the opelation rer.cof .
The follorving accessory uses shaLl
Development Area C on.ly,
be permittcd in
I
L. Attached gs.rages or ca.rports, private gt,centrouses,swlrnming pogl!, tcnnis courts, patios, ot other reer.ea.tional facilitics custoxrti.iLy inci clcn tal lo pelrni t t ed residential uses.
In addition the follotving accessory uses slt.rll be pe.r.mitted in
Dcvelopment Areas A and B.
1. S',vimming poo1s, tennis courts, patios, or other recreational f acil-i ties eustomari)-y incidental to permitted .or conclition"t uin",a.nd necessary for the operati.on thereof.
.*
1.The number of clrvelling units sha11 not cxceed
the fol lowing :
Development Area A - 2S2 units
Development Area B - 240 units
I. Development Standards.
The follorving developnent standard.s are hercby
approved by the Torvn council; these standarcls shalr be in cor.pol.irtecl
into the Approved Development plan pertinent to each Developmenl
Area to protect the integrity of the devel.pment of sD4; the for.l'iving
are miIrimun development stanclards and sha1l appJ.y unless more
restrictive stancrards are incorporated. in the Approved Dever.opment pran (:
I. Sctbaci(s. ll.cquircd setb clis slrall bc lts indicrLcd
Dcvelopment Plan rvith a. minimum setbacl( on the periphery
property of not tcss than 20 feet.
2, Distance Bet.ween Buildings. Thc mlnimum clistances
between aII buildings shrll be as lndicatcd on each Developmen,
Plan rvith a minimum of 15 feet, providecl that one foot of additionaj.
sepafation between bui-r-dings shall be rccluirecl for ca.cir 2 feet or
building height over lS feet, calculated on the basis of the ,.verage
height of the trvo buildinrs
3. Height. The maximum hej-ght of a buitding in Area
shall be 45 feet. The maximum height of builclings itr Areas B,
and D sha1l be 35 feer.
The gross residential f loor
(
ln each
of the
all buildings in each clevelopmcnt area shall not esceed
A in Area A, tltffi i.n Area B, an
5. Site Coverage. In Areas A and B, Do utore lnan
35% of the total site area shall be covcred by buildings, provided,
lf any portion of said areas is dcveloped as an ).nstitulionr.l or
educational center, 45% of the area- may be coverecl . In Areas C
and D, no more that 25% of the total site arca sho.ll be coverecl
by buildings.
6. Useable Open Spacg. Useable open spacc shalt be
as indicated on the Development plans but in no cese shall the
same be ]ess than 250 square fect exclusive of requl,red front ser_
back areas shall be provided at grouncl level for each d\yeIling
unit. useable open space may be common space accessible to more
than one dtvelling unit, or may be private space accessibLe to
separate dwelling units, or a combination thereof, At least 50
per cent of the required ground level useable open space shali
be common space. The minimum dimension of any area qualifying as
ground Level useable open spa-ce shaLl bc ten (]O) feet.
area qf
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7 - Landscapi.ng. At least thc follotying proportions
of the total Devclopment Area shall bc lo.ndscapccl as provj.<letl in
tlrc Dcvclopmcnt plan (t,his sh:r1I includc rcLcntion of naLural
Iandscape, if appropriarc). Ar.cas .r\ ancl B, 50[ anci Arcts C anci
(' D' 6oio ' rf lny portion of Arens A antl B is dcvcropea as an institutional
or cducatj-onal ccntcr, these limitr.tions m:ly be nrodiJiccl in accordance
\r'ith a.mendment procedures spccifiecl in section 2r.500 0f the
Zoning Ordinance.
8.' parking. Offstreet par.liing shalL be pr.ovj.decl in
accorda.nce lvith Article 14 ol the Zoning Ordinance except rat
7 1d,o of the requirecl parliing in Area A shal l. be located. rvithin
the main buircting o. buirdings. rn Areas B ancr D, 50% of the
required parliing shall bc toeatecl rvithin the m!"in builciing or
buildings. on-site par.liing slrall be pr.ovi.dcd f or com:r:on carrier.-s
providing charter service to the development; saj.d bus parriing sha.lr
be indicated on the Development plan. No pa.rliing or loacling area
shall be loer,ted in any requirecl front setb:.r.cli area. If any
portion of Areas A ancl D is devel0pecr as an institutio'al or educational
centex, these rimitations may be modif iec in accorc.lancc r,;ith amend-
ment proccdures spccified in scction 21.500 0f the Zoning ordi,nance.
J. Recreation A.menities Tix. The recreational ameni,ties
tax due for the cjevelopment rvith SD4 under Ordlnance No. Z, Series
ot 1974, of the Torvn of vair, cotorado, sharr bc assessecl at a
race not to exceed $0,2b per square foot of the floor ar.ea in cievelop_
ment Areas A, B, and C, and at a rate not to exceecl $O.Tb per
square foot in Development Area D; ancl shall be paid in conjunction.
with each constructi.on phase prior to the i-ssua-nce of a buildtng
peroit.
Conservation ancl pollution Controls,
(I) Developer's drainage plan sha11 include
provision for prevention of pollution from surface run-off.
(2) Developer. shall j-nclude in the building
coDstruction energy and water conservation controLs as generaL
technology exists at the tine of constluction.
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L, Re crerIt i on.r I Amenities.
(1) The approved Development
follotving recreationa.l amenities :
from east property line to lvest property line
developer vith exa.ct locttion to be mutually
and. Torvn Co uncil .
l,l . Add it ion n-l Amenities.
( 1 ) Developcr shal J. provicl" .a"quoPt=o)I1l?sport"t ion
services to the o\vners and guests of the cleveropmcnt so as to transport
them from the development to vir.lage core a.ca and Lionsbead area as
outlined in the approved Development plan.
(2) Developer shall provide in its approved
a bus sheltet' of a design and location mutually agreeable
Town Couniil. Said sheltcr to serve the area generally.
District 4.
Prior to the adoption of the Approved Devclopment pIan,
tbe Totvn Council reserves to thc Tolvn the right to abrogate or nociify
SD4 Jor good cause through the enactment of an ordinance; provided,
however, that in the event the Torvn Council finds it to be a.ppropriate
to consider rvhether to abrog:ate or modify SDrl the proceclures.. sh al t
be as prov j"ded in Section Z].S00 oI the Zoning Ordinance pertaining
to an]endrnents,
O. Addition to Officj.at Zoning ifap.
Special Development District 4 shalJ- be inciicatcd
on a map which amends and sha1l become an adcrition to the official
Zoning Map.
Plan shall include thc
path traversing propexty
sh.rl] be provided by
acccpt c.bl c to dcvclopcr
Devel.opment Plan
to developer and
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Section 4. Elfcctive Datc.
Thls ordinance shr,Il take effect in accordencc rvith the provisions of the Charter of the Tolen of Vtil.
INTRoDUceD, READ oN FIRST nUAD]N6, APpRoVED, T.nd
ORDERED PUBLISIED ONCE IN FULL, this loth <tay of Fcbruar.y, 1976,and a public hearing oa this ordinance shall be helcl at ,.le regular neeting of the Torvn Council of the Town of VaiI, Coloraclo, on re 2nd day of llarch, 19T6, at Z;30 p.trt ., in the l,lunicipel Buildins of the Torvn.
in ful]
INTRODUCED,
this 2nd cta.y of
READ, ADOPTID and ORDURtrD PUBLISHED
Iarch, 19?6.
ayor
TOIiiN
\[
, ( Beginning ae a poine on the tfest line of said S\:I L/4 \ NE L/4 from which the Noreh one-quarter corner of sald sect.ion ' bears North 0oI5, East 2269.48 fdet; thence .\orrh 0015, Ilast,arong said i.le s t Line, r52.38 feet to a point on the southeasterry right of way line. of U.S. I{ighvay }io. 6l t.hence, along said Southcasterly right of way line, as iollor.rs:
North 52027, East, I02.31 feer;Norlh 49o20' Dast, 5I9.57;feeU; and North 48ol3t East, 549.09 fect, more or lcss, to a point on the North line of saicl SI.r I/4 NE l/4; ihence Norrh BSo jj | -' '------.Dast. along the North line of said SI,l I/4 NEt 3Gg feet, nore or ress, to a point on rhe cenrerti.ne of Gorc- a;.;k; th.r,"", arong the centerline of Gore Creek, as follolvs:
South 36049, !,lest, IOt.04 f eet;Sout.h IBo2L, West., 54.08 feet;South 1o24' t,Iesr, 205.02 feet;South 12o10' tvest, 1L0.25 fee!,. and SouCh 2Bo4l t t,lest, 242 - 35 f ect. thence I'lest. 1064.10 f cct to the poinL of beginn.:.ng.
Rosc Parce I
va i I -Rosc
A Fart torvnship 5 sou th,follows:
thence S.Line of said Creek;
thence S.of said Creek;
thence S.of said Creek;
95.50 feet along the center line
L2A -47 feet along the center line
FVllTn.lm I: rr
XOEIBEL PROPERTY
DEVELOPI.IENT AREA A
I2.3 70 acres
of the SW I/4 NE I/4 of SecE.ion 12,Range 81 trest of ehc 6th p.l!., dcscribed as.
Sourh 7 50l,5 '
3.190 acres
05024'30n E- L04.50 feet alonq the center
i
A tract of land situated in the St&NEk of Section IZ,TP 5 S., R, BI I.1., of the 6th p.Il., Iying Southerly of that certain tract of land described_ in Book f99, i,age 19?, nort.herll, and Westerly of the center tine of core Cre6k, and lying lroitherJ-y and Easterly of those certain tracts describcd in eo;i irr ut rig! roo,Book 2II at Page I08 and Book 215 at page 365, described. as -
folLows: -
Bcginning at a point on the. NojjEh-South center line ot sard Section 12 rvhence the NorLh quaric: corner of said Section 12 bears N. 00oI5' E. 2269.48 feet; '
thence N. 75oI5r tr. 346.25 fectr f.- fhl' +rrra h.ri n+ of beginning' -said poinb bcing on the sour.h itrJ .='rrrri"tili^t'alscrinea rn booK I99, Page l-97 and rvhich bears S. 08026, E. 2205.34 feer from the North quarter corner of said Section 12;thence N. 75ol5t E- 7l-7.84 feet along the Sourherly Iine of that tract described in Book 199, page igz to the ceni.er of Gore Cre ek;
thence S. Zgo4I, I,I. 130,61 feee a3.ong the center line of said Creck;
49029' w.
22034 | w.
thence S. 54000' w, 119.34 feet along the center Line of said Creek; to the Southeast corner of that iertain tract of l-and described in Book !1I. page 10S;thence N. 33"]5'30,' I,i. 140.12 feet al.ong the Easterl.y Iine of that tract described in Book 2Il at page 168;thence N_ 57042'30u W. 169,88 eeel itong ihe Northeasterly line of that. tract described in eook'zii-at page J.0B;thence N. 86002'30,' !.t. IG2.92 feet a).ong the Noitfrer1y rine of those tracts described in Book 2rr at page-r0g so"k-2rr.at Page 105 to a poine;
thence-N. 3ioS7,3O. tl. 76.08 feet aLong the \^/Northeasterly line of, that tract described in nooi ZI5 at page