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HomeMy WebLinkAbout1998-23 Amending Ordinance No. 8, Series 1995, Revising GRFA, Building Height Requirements, and Employee Housing Provisions for Lots 39-1 and 39-2, Glen Lyon Subdivision; Repealing Resolution No. 10, Series 1982' 1 ORDINANCE NO. 23 SERIES OF 1998 AN ORDINANCE AMENDING ORDINANCE NO. 8, SERIES OF 1995, REVISING GROSS RESIDENTIAL FLOOR AREA (GRFA), BUILDING HEIGHT REQUIREMENTS, AND EMPLOYEE HOUSING PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION, DEVELOPMENT AREA C, SDD NO. 4 (CASCADE VILLAGE); REPEALING RESOLUTION NO. 10, SERIES OF 1982, WHICH PROVIDES SPECIAL PROVISIONS FOR LOTS 39-1 AND 39-2, GLEN LYON SUBDIVISION; DELETING OUTDATED CONDITIONS AND REFERENCES TO EXPIRED DEVELOPMENT PLANS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Hagopian and Pennington, LLC, has requested an amendment to the existing Special Development District No. 4, Development Area C, Lots 39-1 and 39-2, Glen Lyon Subdivision; and WHEREAS, the Planning and Environmental Commission has unanimously recommended approval of the proposed building height, GRFA, and Employee Housing Unit restrictions for Lots 39-1 and 39-2; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to amend Ordinance No. 8, Series of 1995 and repeal Resolution No. 10, Series of 1982 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 8, Series of 1995, is hereby amended as follows: Section 1. Resolution No. 10, Series of 1982, is hereby repealed. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the development plan for Special Development District No. 4. 1 Ordinance 23, Series of 1998 • Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans therefore, are hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have expired. Section 4. Special Development District No. 4, Cascade Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Town of Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in amulti-family dwelling that is managed as a short term rental in which all such units are operated under a single management providing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The kitchen shall be designed so that it may be locked and separated from the rest of the unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional 2 Ordinance 23, Series of 1998 • . • fee ownership shall not be allowed to be applied to transient dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres as more particularly described in the attached Exhibit A. Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4.@ B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Aw~ye Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Dedicated Open Space 40.400 Roads 4.700 TOTAL 97.955 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. 3 Ordinance 23, Series of 1998 .~ .~ ~ • ~ ~ Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-7B-3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Municipal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. 4 Ordinance 23, Series of 1998 , • ~ ~ Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vail Municipal Gode, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dwellings. Fractional fee ownership shall not be applied to restricted employee dwelling units or transient residential dwelling units. Ownership intervals shall not be less than five weeks. 3. Special attraction; 4. Ski lifts; 5. Public park and recreational facilities; 6. Major arcades with no frontage on any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 5 Ordinance 23, Series of 1998 .~ ~ ~ ~ ~ 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Ordinance 23, Series of 1998 6 • 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a maximum of ninety-four dwelling units as defined by the tables in Section 18.46.103 for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined Chapter 12-13, of the Municipal Code . Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. 7 Ordinance 23, Series of 1998 . • ~ ~ C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Town of Vail municipal code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects Retail! Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parkin Parkin 9 9 MILLRACE I ws ~ww..ti, ................. 1•Y' MILLRACE II w MILLRACE IIII ~..~ .~.~ t MILLRACE IV (COSGRIFF)"• ~, .d .f I •»{•••J .~~.:.. N r•••.iia.- .•..~ ..h .A. ... \.::...... 3~8 ~.......... • WESTIN Alfredo=s Cafe Little Shop Pepi Sports W & H Smith, Vaurnot ;~, :.~• :i:g, . :r:,r :&.• .{:. ~.'. CMC BUILDING . Cascade Wing Clancy=s Theater College Classrooms College Office Theater/Meeting Room 2J Ordinance 23, Series of 1998 16 20,000 20 0.00 ,: ~; ,yr : •• ,~,5~ ~ ~ fj ' } ; ',,.. k"k,~ ti3~ ' 4. . IFC s I ['# . k>r•~i~, ~ v::t:.,••;.::. ` 3:;:•/.h.;:: ~•, .,... ::. ...:ir....•... r• `.'Y. • a •. r .. •rv:::•xvh+: it :r3:.; '1 14 17,534 ~ • ~25 0.00 ~' `8 " ~ .., I.....`i•:~••3 3h4+14Y 3 1'f r l {p:i r i • ~ I \! ~ r .... 3 6,450 7 .ti ~ ~ •~,. ,r:._~. •,;:;;:;:S:::sr:iR:~::r::3i<. .,:.r;s::. .:: :r ..Y'y :k`r~,•'':.aI~:~~~':"•sw','•: :.,'k... .. .: ....•.•;;..• .,....;.;:: . :.. :::•. idol.,.,..;.!: v.•.;.•::.•r:•r:i•:•.•:.•.:: .y (.:..•f.••'a•..•.v. ''... ,... •h .,1.,... ... II,o:.:..,.:•::::::::::: •:•:..y ..............••K: n• I S .:,•,i • •3•'•4 •:i n..... ....._......... .. ~„ I,~ 6 10,450 19 0.00 r. s 3•• s i 4• M ', .• .:. :..::n:w:. •• •v 148 ,.` . .......... ... 55,457.... .......,..,,. •0'00 ....... 115....... ........., ...:.... 104 Seats 74 Seats 1, 250 2,491 900 i r 3. :::r:::S ~ r` .... w ~.~k. ~. :••r: . r.. !. i:::fd •.. .•:4" 1 i r ~ F w.. •dv: 3•.• t 7 M 3E 7 i'i+ ~ ~k•~:{.,a,...::it .k ... ~.....: .:d:•.i.. `6 .i:: i•'i v .r:.i ::•?r^:':{ 4:•i:.~. i:.• n3.r• . tiL. 8 15,870 0 00 16 1, 600 0.00 13.3 I+ 4,220 28 0.00 40 1,387 ~ 0.00 11.5 8 ' ~ • F 3 F°k :'yr`.2•s > •>:.r..~~k~ k~• ~ :.';.<'rF~'~.~ ~rrrr 2 hk k •kk ~rr~3 ~. i ... ~y, ~ .. Y .,. ..,.. ... RRACE WING I Rooms 120 58,069 0.00 105 I Retail 5,856 0 00 20 :::.v,,v: ?{ .•. '. •f••..i.4 v ,•.•.•.•imi:rv::.3.4 .`<v::::.•n:.::::.::Xi+.•h:•h::•:n:vtivi::v.•.•.;•tiii:•;•:•;: v:: •.•.•.• :::::::::::::::'• .. •.v+.....:... .Ak:. :.•h:v:.•h:•?:•ii?:•i:•::•i: +`•: is ••hl• .;.•},r,:•: ~:::..x:.v: n:v.•.• .; ..•.•::.A :.:........::::.::{{':•Y,¢i;.•h:^:4:•h:•h3 v .y. 4'v'k ':+.•::•: :iY+{+hh:•:.•.'v:v .vk %..4r..n.•. :+y'f.••i:S: v:• :.... ::.,,. .r+ 'i...v.....y...•.... .:......4s... .:: xh..^::v:•:•hh::•:•:•:•."':::::::: .n4 ................•............ i•,.: }h •h :v:':h;;r,•: •:•••F.•Ih,~•.2~'ti.•vnYv: v, v SaF''},'.:.3.,. s•. v h'vv:, vev.•.v.• h:..•v. ... r'.......... av}rh .:: •..~J,vv. \~?.v::.4... ~.•n'v~:•'.. {f3 '4~'.... ::.fi. , •.•.•.v..... b ...... a. .....',',:.. :........:::. :....... .,,, •..... ....vi:.., .,, ....,. ......... ....,. ......... s .... •: PLAZA 1 I Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 4.3v .fi.• yh; 3;:;::•h. :v:: u• ;•••: •:::.v •.. S:: i:•:::•:~i:::•:~•::.:f•:v.•: :: K••' 'hi •.: .:.x:. 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PLAZA II Conference I I I O 00 35 Retail I 925 I I 0.00 13 ':wr>:•~:.::~:.,n .:..:::...... ..........:r:.....: h--.: ~.•.-. -.:..,......,_..::.r:.:•x. .x...•xxvr'w•r:: •a>:.>::::::::•a;:rr:..•4.: - - <«^ tti+.::vx: v:.w:::. ::mot:: •,•:;:~• •~ .;.Y....•.••.o:::::•k'S''~~:2 F.. 4. ...•.. ...,1•.,~..:.•A:h.03'•3 :~:: kC::pi •'• •..~•;•.•.•.:••.v<:v:.vv v t .:: a:•x....... }... .•~y.•:h: •. :.:v.. ...:. .....•. ..: ... y::.:4Y.:•:::::•.. :..V : •;• ~.. r.•:•y:; •. •., ....• .• 3Y. s •.!..'r'•'•:ti:titih:•:•:•:•i h• •r.•:<•:ikrrh:•:•r.'•: 4 v .. }. wt:•:.:•:. .. :, . s ,aa•+::~~3.:.'• :,,:v., 3. ~4 .,.x.......... < t.:...••a..thh:•h:•h:•h •h CASCADE CLUB I Retail I I + 300 I I 0.00 11 I Bar 8 Restaurant I I I I 252 I I 0.00 3.5 Office in CMC I I I I 828 I I 0.00 ~ 3 Wellness Center I I I 1,386 I I 0.00 17 I Office in Club I ' I 1420 I I 0.00 I 1.4 . ryI: "•:••: •::: • ~ •S : v. : v.::xv::.0.: .•.:...:..:Y•'•:'.+1`' :«..v: n P+:r. .; of •:s.. ..: .:...,.•~%x ,.. .. ..... ............... .... :h.. .. ., ......... ... .4'~'Ya3a:~`h~. «. .:•. tc:•:.......... ...:.. hF: k~ ~:k::::...........r•:..a.;x..,.,,.;:,:..;•r:r.,y`;:•,••;?:'z.:;, ;::y:;~:i:'.'•':+25r~::2~:~ ...~;~`.::•••::•::.;+.?h+.::. .,...o r..: •.:.•.•:.:::.::,.. f,:S;, x•. '.,`,ta,.,a:.,} ~t.. ~. .:.:?,.;, F,k'k...... r...3p:.:.;•L.;.y:r:.,;:.::::., ..;,,.:,,,..::: •:s., .,.; ..,..;: { r :.; ...:. +r . ?~;:I:hr dr'•.':a+.•.•.:. •..'•b x v ,. ,~',•."?; ::,,..v ..,v....,......:.•::•~?}.•,:;h.; .:.; . v.•r: r~.:v. 4. Y..... .. ...a .n. ..,~. .~•§.:yrrrr.,,. ::r:::"...'~P.<-r+'• :.t.'.::.':.~.~.::n... .:•;:~:3„w:;;:a;: LIFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 ,;::.. ••.k.. v:.•:.•h•y ;.. y;:;.v:•'ti'v:•:::.. v 9fr:AV •o:v, .•.•:.•r •:•hh~•:}i:?h 4,4 •. r :.:: •:.....v :.:.};;... •v~'hn~3: ;.... .. .`:h•.'tti2yatt:..:vr :.:. :::1: ::•h:•1:•:v:~„h }• { < .•:::~:~v\h. •yv:•;Ci.•:. •r:•::;:•Y+"•':{k •:§•;, .•y.r ..•.q~{ :•. ... ~.~:: .......::::i::x:x.:..vv4 v.... .....x;y.:aY..v\;•,,,I.r fi Y.•:•\..~ ...:..::.v::::: .. •..:.. ... :.•:.. ..•+s.•. .......t. >....::,: ....J.!:.. .. Cascade Club Addition Wellness Center 4,500 22.5 r3 ~,'r,•~r.}}: ? r ::.:{•:{,:i•:•:•:.; ::: k ~ 'vV r• t' 4'322 ``V~iir ~„y~:.~roh:+.4 ~::"`..~ .,;h.~a~t2j 8 "v?,°+.:.a.~•~a:..•.:.•~r,~ +'~r'i~'~~' 4 .. ? t n .~.k'4' r• I • I ~. k •i _rrr~•.,.re+:.'i ~'hi,'7:.hh. .. .. .i.S'. ::;... .r12:+.~,.' h''4''. .. ......... •.. s. 't'k :4,.4 ,,,..'` 4 •''~ ~ la'4+:,'"•'t.,h 4, ri:!:K,q~ ..'k; •~.~•.,'~4 ^' ~ h•~'~ Plaza Office" 925 ,7 L'i::>ti•tiv'2::4. 4 4;: ~~• •{•~,++••i4.4.. ...\. :•:•h:: q 4 :.•;{'?.; ~'i, `; <:.fG+d a:. ..: ~ t,z ~r .:3{. 'a ~.'•. :..~. ...4`•.. :•::::a:%i:• ..vn:'ti~:•'i::::~%;::'~::~::.•.~::.•.•.•.•:::::::..... ..t•.... nb :.v...v .•... • .,.y.r Mh 4 4}• .; .• :..• , .. .; •{,~....x: n.:.::,.;::.::::. ;.r:.; •.:: v • v ..: ...: .......•:::•....... r'.,v.;. ~ r.•';: .•.•: ~'.: tih•x:: ..h' k .3:1:•':nr•Y:44 fr4.::x..\.v::v r.:•>ti~~:::•: r.~•.:.•:.:.:. a•~.•::' :.;t...:r:: <l:•h: `•:xi. '+.::....:. .!^t~: •2 .•atr.. :•.,..... ..:............. r. st,::.,:. ~:;La:>::.:.>rr:~i:'.'ta:+,:..x .fi<:.:+.:.>:::.::+..a, ........:.::::::...:. ::.:. t:39.::...'...'...., ~:+..r.,t.}.~ri TOTALS 288 AU 76 DU 239,680 24,596 129 449.9 (includes 2 EHUS) "Plaza space has already been counted for a retail parking requirement. The new parking requirement is based on the difference between the retail and office parking requirements. ""For the purposes of calculating GRFA for the Cosgriff parcel (Millrace IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. 9 Ordinance 23, Series of 1998 ! ~ CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 in Cascade Parking Structure Less 17.5% Mixed-Use Credit Total Required Parking at Build-Out of Area A in Cascade Structure Existing Parking in Cascade Structure Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit • Parking Spaces 449.9 -78.7 371.2 421.0 371.2 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10 Ordinance 23, Series of 1998 ~ ! t 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Levet 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Waterford, Sheet #2.10, dated 12-14-92, Roof Plan All Levels Gwathmey, Pratt, Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet#4.1,dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Ciub Floor Plan, Roma, 10!10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riders. 26. Millrace III, Sheet #2, dated 4113/93, Floor Plans for Single Family Residence, Steven James Riders. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riders. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riders. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riders. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riders. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 11 Ordinance 23, Series of 1998 • 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. " A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. Area C, Glen Lyon Primary/Secondary and Single Family Lots Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Town of Vail Municipal Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than 12 Ordinance 23, Series of 1998 i ~ ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. 13 Ordinance 23, Series of 1998 • Site Coverage • Areas A & B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, _ unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent, and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% of required parking shall be enclosed in a building. - 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Waterford building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. 4. There shall be a minimum of 93 enclosed parking spaces located within the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 14 Ordinance 23, Series of 1998 . • • 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Westhaven Condominiums, and Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 7. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 8. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 9. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed twenty-five cents per square foot of the floor area in Development Area A; and at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Town of Vail Municipal as amended. D. If fireplaces are provided within the development, they must be heat efficient through the use of glass enclosures and heat circulating devices as technology exists at the time of development. 15 Ordinance 23, Series of 1998 • • •E. All water features within Development Area A shall have overflow storm drains per the recommendation of the Environmental Impact Report by Jamar Associates on Page 34. F. All parking structures shall have pollution control devices to prevent oil and dirt from draining into Gore Creek. G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength., H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park. The walk shall be constructed when a building permit is requested for Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 4. The Ruins /Westhaven Condominiums The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 16 Ordinance 23, Series of 1998 • C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing on site. The developer(s) of Area A shall build a minimum of 17 employee dwelling units within Area A Westhaven Condominium building (Ruins), 3 within the Cornerstone Building and 2 within the Liftside (Waterford Building}. Each employee dwelling unit in the Westhaven Condominium Building (Ruins) shall be deed restricted as a Type III EHU. Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Municipal Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shaii be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 ft is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that 17 Ordinance 23, Series of 1998 ~ ~ ~ any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed qr 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 7. Ail bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of December, 1998, and a public hearing for second reading of this Ordinance set for the 5th day of January, 1999, in the Council Chambers of the Vail Municipal Building, Vail, Color~lo. `'' / \~` `1 ~ :. ~ ~ ~ I f _ Robert ~. Ford. Mayor ATTEST: ~el~i Donaldson, Town Clerk :i_) ~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 5th day of January, 1999. _. '.~. . ~ ~-~ ~ , .-, ~ ~ _ .a+ i _ ,`~ ~ ATTEST: '; ~`~-°~ ~ ., ,i;;,u;uua, L-e~elei ~onaldson, Town Clerk Ordinance 23, Series of 1998 ~? i .~ i / /f /°f Robert E. Ford, Mayor 18 • EXIT "A" KOELBEL PROPERTY DEVELOPMENT AREA A Vail-Rose 12.370 acres Apart of the SW 1/4 NE 1/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: Beginning at a point on the West line of said SW 1/4 NE 1/4 from which the North one- quarter corner of said Section bears North 0 ° 15' East 2269.48 feet; thence North 0 ° 15' East, along said West Line, 152.36 feet to a point on the Southeasterly right of way line of U. S. Highway No. 6; thence, along said Southeasterly right of way line, as follows: North 52°27' East, 102.31 feet; North 49°20' East, 519.57 feet; and North 48° 13' East, 549.09 feet, more or less, to a point on the North line of said SW 1/4 NE 1/4; thence North 88°33' East, along the North line of said SW 1/4 NE, 368 feet, more or less, to a point on the centerline of Gore Creek; thence, along the centerline of Gore Creek, as follows: South 36°49' West, 101.04 feet; South 18°21' West, 54.08 feet; South 1 °24' West, 205.02 feet; South 12° 10' West, 110.25 feet; and South 28°41' West, 242.35 feet, thence South 75° 15' West, 1064.10 feet to the point of beginning. Rose Parcel 3.190 acres A tract of land situated in the SW 1/4NE1/4 of Section 12, TP 5 S., R. 81 W., of the 6th P.M., lying Southerly of that certain tract of land described in Book 199, Page 197, Northerly and Westerly of the center line of Gore Creek, and lying Northerly and Easterly of those certain tracts described in Book 211 at Page 106, Book 211 at Page 108 and Book 215 at Page 365, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North quarter corner of said Section 12 bears N. 00 ° 15' E. 2269.48 feet; thence N. 75 ° 15' E. 346.26 feet 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. 08°26' E. 2205.34 feet from the North quarter corner of said Section 12; thence N. 75 ° 15' E. 717.84 feet along the Southerly line of that tract described in Book 199, Page 197 to the center of Gore Creek; thence S. 28°41' W. 130.61 feet along the center line of said Creek; thence S. OS°24'30" E. 104.50 feet along the center line of said Creek; thence S. 49°29' W. 95.50 feet along the center line of said Creek; thence S. 22°34' W. 124.47 feet along the center line of said Creek; thence S. 54°00' W. 119.34 feet along the center line of said Creek; to the Southeast corner of that certain tract of land described in Book 211, Page 108; thence N. 33 ° 16'30" W. 140.12 feet along the Easterly line of that tract described in Book 211 at Page 108; thence N. 57°42'30" W. 169.88 feet along the Northeasterly line of that tract described in Book 211 at Page 108; thence N. 86 ° 02'30" W. 162.92 feet along the Northerly line of those tracts described in Book 211 at Page 108, Book 2l 1 at Page 106 to a point; thence N. 32°57'30" W. 76.08 feet along the Northeasterly line of that tract described in Book 2 l 5 at Page 365, to the point of beginning. F:\°veryonc\domUcorl b~l.leg • Heede Parcel 1.260 acres County of Eagle and State of Colorado, to wit: A tract of land situated in the SW1/4NE1/4 of Section 12, Township 5 South, Range S1 West of the 6th Principal Meridian, described as follows: Beginning at a point on the North-South center line of said Section 12 whence the North Quarter Corner of said Section 12 bears North 00 degs. 15 mins. East 2269.48 feet; thence North 75 degs. 15 mins. East 346.26 feet; thence South 32 degs. 57 mins. 30 secs. East 76.08 feet; thence South 11 degs. 00 mins. 30 secs. West 279.99 feet to a point in the center of Gore Creek; thence North 50 degs. 32 mins. West 111.31 feet along the center line of said creek; thence North 38 degs. 40 mins. West 239.09 feet along the center line of said creek; thence South 76 degs. 35 mins. West 89.91 feet along the center line of said creek to a point on the North-South center line of said Section 12; thence North 00 degs. 15 mins. East 13.95 feet along the North-South center line of said Section l2 to the point of beginning. Total GORE CREEK ASSOCIATES PROPERTY DEVELOPMENT AREAS B, C & D Leal Description 1~i.R20 acres X700 acres All that part of Section 12, Township 5 South, Range 81 West of the 6th P.M., described as follows: All that part of the N1/2NE1/4 of Section 12, lying Southerly of the Southerly right-of--way line of U.S. Highway No. 6 and Northerly of the Southerly line of said Nl/2NE1/4, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the highway survey monument at the intersection of the Southerly line of said highway and the Easterly Iine of said N 1/2NE1/4, whence the Northeast corner of said Section 12 bears North 0°03' West 634.785 feet; thence South 73°26'30" West 1112.13 feet along the Southerly right of way line of said highway; thence South 70°34' West 125.10 feet along the Southerly right of way line of said highway; thence South 69°25' West 100.00 feet along the Southerly right of way line of said highway; thence South 65 ° 50' West 100.00 feet along the Southerly right of way line of said highway; thence South 62° 15' West 100.00 feet along the Southerly right of way line of said highway; thence South 58°40' West 100.00 feet along the Southerly right of way line of said highway; thence South 55°OS' West 100.00 feet along the Southerly right of way line of said highway; thence South 51 °32' West 100.00 feet along the Southerly right of way line of said highway; thence South 47° 57' West 232.58 feet along the Southerly right of way line of said highway to a point on the Southerly line of said N1/2NE1/4; thence North 88°33' East 497.67 feet along the Southerly line of said N1/2NE1/4 to the center of the NE1/4 of said Section 12; thence North 88°33' East 1379.35 feet along the Southerly line of said N1/2NE1/4 to the Southeast corner of said N1/2NE1/2; thence North 0°03' West 760.95 feet along the Easterly line of said N1/2NE1/4 to its intersection with the Southerly line of said highway, the point of beginning, C:leveryonv~dom~koel6el.lrg 2 • ~ • AND All that part of the SW 1 /4NE 1 /4 of Section 12, lying Southerly of the center of Gore Creek as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the Northeast corner of said SW1/4NE1/4; thence South 88°33' West 131.67 feet to a point in the center of said Creek; thence South 40°09' West 94.04 feet along the center of said Creek; thence South 18°21' West 54.08 feet along the center of said Creek; thence South 1 °24' West 205.02 feet along the center of said Creek; thence South 12° 10' West 110.25 feet along the center of said Creek; thence South 28°41' West 320.00 feet; thence South 5°24'30" East, 170.00 feet along the center of said Creek; thence South 27°00'02" West 85.24 feet along the center of said Creek; thence South 54°00' West 259.34 feet along the center of said Creek; thence South 65°34' West 109.62 feet along the center of said Creek; thence South 69°04' West 186.13 feet along the center of said Creek; thence South 85 °25' West 68.88 feet along the center of said Creek; thence North 77°36' West 26.96 feet along the center of said Creek; thence North 50°32' West 199.19 feet along the center of said Creek; thence North 38°40' West 239.09 feet along the center of said Creek; thence South 76°35' West 89.91 feet along the center of said Creek; to a point on the Westerly line of said SW1/4NE1/4; thence South 0° 15' West 461.90 feet to the center of said Section 12; thence North 89.02' East 1382.65 feet along the Southerly line of said SW1/4NE1/4 to the Southeast corner of said SW1/4NE1/4; thence North 0°06' East 1384.32 feet along the Easterly line of said SW1/4NE1/4 to the Northeast corner of said SW1/4NE1/4, the point of beginning, AND The NW1/4SE1/4 of Section 12, Township 5 South, Range 81 West of the 6th P.M.; AND All that part of the SE1/4NW 1/4 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. Highway No. 6, as shown on the plat on file in the office of the Eagle County Clerk and Recorder as Document No. 97489, described as follows: Beginning at the Southeast corner of said SE 1 /4NW 1 /4; thence South 89°02' West 836.95 feet along the Southerly line of said SE1/4NW1/4 to a point on the Southerly right of way line of said highway; thence North 52°35' East 1057.07 feet along the Southerly right of way line of said highway to a point on the Easterly line of said SE1/4NW1/4; theme South 0° 15' West 628.21 feet along the Easterly line of said SE1/4NW1/4 to the Southeast corner of said SE1/4NW1/4, the point of beginning; EXCEPT THE FOLLOWING: that part described in Book 188 at page 545; that part described in Book 191 at page 241; that part described in Book 203 at page 231; that part described in Book 203 at page 531; F:\everyone\domUcoel6eLleg 3 `I) 1 • that certain island adjacent to the above-described property, and located in the middle of Gore Creek, which the parties intend to exclude from this transaction; County of Eagle, State of Colorado ALSO THE FOLLOWING PARCEL FORMERLY KNOWN AS THE "COSGRIFF PARCEL" A tract of land situated in the SW 1/4 NE 1/4 of Section 12, Township 5 South, Range 8l West of the 6th Principal Meridian, lying Northwesterly of the center line of Gore Creek described as follows: Beginning at a point whence the North Quarter Corner of said Section 12 bears N. 1 l °03' W. 2292.72 feet; thence S. 86°02'30" E. 89.50 feet; thence S. 54°42'30" E. 169.86 feet; thence S. 33 ° 16'30" E. 140.12 feet to a point in the center of said creek; thence S. 65 °34' W. 109.62 feet along the center line of said creek; thence S. 69°04' W. 90.78 feet along the center line of said creek; thence N. 23 ° 12'30" W. 317.54 feet to the point of beginning, containing 1.05 acres, more or less. ALSO DESCRIBED Beginning at a point whence the North Quarter Corner of said Section 12 bears N. 11 °03' W. 2292.72 feet; thence S. 85°43'14" E.89.84 feet; thence S. 57°25'30" E. 169.46 feet; thence S. 32°59'30" E. 141.47 feet to a point in the center of said creek; thence S. 65°31'36" W. 109.62 feet along the center line of said creek; thence S. 69°01'36" W. 103.02 feet along the center line of said creek; thence N. 23°24'09" W. 319.09 feet to the point of beginning. TOGETHER WITH an easement as described in Document recorded August 5, 1980 in Book 306 at Page 443 and recorded in Book 307 at Page 80 of the Eagle County records. Also including all water and well rights appurtenant to the above described property, including without limitation, Well Permit No. 94702, water rights decreed in Civil Action No. 2375 in Eagle County District Court, and all that portion of water rights decreed in Case No. 80 CW 410, Water Division No. 5, (Core No. 1 Well - 0.05 cfs) A part of the Northeast Quarter Southwest Quarter of Section 12, Township 5 South, Range 81 West of the 6th Principal Meridian, described as follows: Beginning at the center of said Section 12; thence S. 0° 15'00" W. Along the east line of said Northeast Quarter Southwest Quarter, 162 feet to a point on the north line of a tract described in Book 189 at.Page 591; thence along said north line S. 88°59'31" W. 353.7 feet; thence southwesterly along a curve to the left whose radius is 78.93 feet, and whose chord bears S. 52°25'32" W. 94.05 feet, an arc distance of 100.74 feet; thence N. 10°05'39" E. 222.12 feet to a point on the north line of said Northeast Quarter Southwest Quarter; thence N. 38°59'31" E. along the north line of said Northeast Quarter Southwest Quarter 390 feet, more or less, to a point of beginning, Eagle County, Colorado. Unplatted parcel added to Cascade Metropolitan District (copied from Land Title Policy No. B1672770) ri~everyonaldom\Jcoelbel.l~g 4 ~~ PROOF OF PUBLICATION STATE OF COLORADO ) SS. COUNTY OF EAGLE ) I, ALLEN KNOX do solemnly swear that I am the PUBLISHER of THE VAIL TRAIL; that the same is a weekly newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspapers for the period of ~ consecutive insertions; and that the first publication of said notice was in issue of said newspaper dct~ ~s~~su ~~/ ~ , , 19 `J`~ and that the last publication of said notice was in the issue of said newspaper dated ~1~V ~l 8 , 19`3" . In witness whereof I have hereunto set my hand this ~C` day of ~ ~~J~~l , 19 `~9 Subscribed and sworn to b~fore me, a notary public in and for the County of Eagle, State of Colorado, this ~~- day of ~ __ S~~-`( , 19 ~~ ~_ . ~ ~~ ~,y N K/~~ ~ .~~ }' • j v~Q'o••,~AR • • I' ! r • ~ ~1~ i -~ • • My commission expires on 2d, 2000 s~'.•AVgV~ oQQ- ~~ OF GOB. i Only $4900! Call Chris Assad 949-6211 810 HOT TOYS NEW Beanie Buddies: Rover,.,.,575. Stretch..... Sbl). Beanie Babies: '97 Holiday Teddy, lots more.... '97 McDonalds Teanie Beanie Babies Col lectlon..... $120. Star Wars Episode I ~~11 Mark 390-3444 SAlf~l'T JUDE- Thank you for answering all of my prayers- Jeanne B. 815 ~ ' Tell Them You Saw Their Ad In "The Trail" They'll Appreciate It And So Will We discuss. 7. NeM regular meet)ng of the Vail Local lJ- censing Atrthorrry will be Wednesday, February 10, 1999. TOWN OF VAIL LOCAL LICENSING AUTHORITY Lorelei Donaldson Secretary to the Authodry Published in The Vail Trail on January 8, 1999 Public Notice ORDINANCE NO. 23 Sertea of 1998 AN ORDINANCE AMENDING ORDINANCE NO. B, SERIES OF 1895, REVISING GROSS RESI- DENTIALFLOOR AREA ((GRFA), BUILDING HEIGHT REQUIREMENTS, AND EMPLOYEE HOUSING PROVISIONS FOR LOTS 39-1 AND 3&2, GLEN LYON SUBDIVISION, DEVELOP- MENT ARFJ1 C, SDD NO.4 (CASCADE VIL- LAGE); REPEALING RESOLUTION NO. 10, SERIES OF 1882, WHICH PROVIDES SPECIAL PROVISIONS FOR LOTS 3&1 AND 38.2, GLEN LYON SUBDIVISION; DELETING OUTDATED CONDITIONS AND REFERENCES TO EX- PIRED DEVELOPMENT PLANS; AND SET TING FORTH DETAILS IN REGARD THERETO. WHEREAS, Hagopian and Pennington, LLC, has requested an amendment to the existing Special Development District No. 4, Development Area C, Lots 39-1 and 39-2, Glen Lyon Subdivi- sion; and WHEREAS, the Planning and Environmental Commission has unanimously recommended ap- proval of the proposed building height, GRFA, and Employee Housing Unit restrldlons for Lots 39.1 and 39-2; and WHEREAS, the Town Councl consklers that tt is reasonable, approprfate, and beneUdal to the Town and Its dtlzens, inhabitants, and visitors to amend Ordinance No. 8, Series of 1995 and re- ppeeel Resoluton No. 10, Series of 1982 to provide for such changes in Special Development District No. 4, Cascade Village. NOW, THEREFORE, BE iT ORDAINED 8Y THE TOWN COUNCIL OF THE TOWN OF VAIL, HLY GUYSI Learn how To win betting COLORADO, THAT: On fOOTballl Send $12.95 for bOOkl Ordinance No. 8, Series of 1995, le hereby Wayne Sine, PO. Box 1665, Provo, amended as follows: SECTION 1. UTOh 84601 • Resolution No. 10, Sedes of 1982, is hereby repealed. SECTION 2. Amendment Procedures Ful- filled, Planning Commlulon Report. The approval procedures described In Sec- tion 12-9A of the Varl Municipal Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Envlron- • ~ mental Commission for an amendment to the de- velopment plan for Special Development District Development Plan-Required-Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Coundl. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as ap- proved by the Town Council. The developer shall have the right to proceed with the development plans or scenarfos as defined In the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply Section 12-9A of the Municipal Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses Ilsted In Section 12-78-3, (Commercial Core 1), of the Municipal Code. The "first floor" or "street level" shall be defined as that floor of the building that Is located at grade or street level; 2. All other floor levels besides first floor sheet level may include retail, theater, restaurant, and office except that no professional or business office shall be located on street level or first floor (as defined above) unless It Is clearly accessory to a lodge or educeUanal InstltuUon except for an office space ha~~ng a maximum square footage of 925 square feet located on the (Irst floor on the northwest corner of the Plaza Conference Center buildingg; 3. Lodge; 4. MuIU-family dwelling; 5. Single Family dwellrrrg; 6. Primary/Secondarryy dwelliry; 7. Transient resident(al dwellirg unit; 8. Employyee dwelling as defined in Section 12-13 of the Munidpal Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1.Two-family dwelling; ~~ 2. Multi-family dwelling. C. Area C, Glen Lyon PrfmarylSecondary and Single-Family Lots 1. Singte family dwelling; 2. Two-family dwelling 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Municipal Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined In Section 12-13 of the Munidppal Code. CondlNonal Uaea Conditional uses shall be reviewed per the procedures as ouUlned In Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness cen- ter not to exceed 4,500 square feet. 2. Fractional fee ownership as defined in the Town of Vall Municipal Code, Section 12-2 shall be a conditional use for dwelling units in the Westhaven multi-family dweliirgs. Fractional fee ownership shall cwt be applied to resVidod em- ployee dwelling units or transient residential dwelling units. Ownership Intervals shall not be less than five weeks. 3. Sp~c~al attraction; a. Ski Ut1s; 5. Public park end recreational fadlitles; 8. Major arcades with no frontage an any public way, street, walkway or mall area. B. Area B, Coldstream Condominiums 1. Public park and recreatlonal facilities; 2. Ski lifts. C. Area C, Glen Lyon Prfmaryr5econdary employee dwelling units as defined Chapter 12- 13, of the Municipal Code . Density-Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not excised 289,145 square feet. B. Area B, Coldstream Condominiums Slxly-five thousand square feet (65,000 sq. h.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot ppeer Section 12-6D-8 (Density Control) for the Prl- mary/Secondary district of the Town of Vail mu- nicipal rode. D. Area D, Glen Lyon Commercial Site The development pplan for this area has ex- pired. See Ordinance No. 8, Series of 1998 for previous requlraments. Commercial Squaro Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commerdal area. B. Area D, Glen Lyon Commerdal Site The development pplan far this area has ex- pired. See Ordinance No. 8, Series of 1998 for previous requlraments. Development Statlstica for Area A. Cascade Village, and Area D, Glen Lyon Commerclel Site CHART 1: Area A Completed Projects CHART 2: Area A Required Parking NOTE: The two charts Ilsted above are an in- tegral pert of the Ordinance and are available for public Inapactlon In the office of the Town Clerk during normal business hours. Development Plana Site specific development plans are ap- proved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other evel- opers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the develop- ment plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Com- merdal Site and Is not all indusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Slte/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated tt-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet If2.3, dated 11-73-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 89'-6"/74'-fl", Gwathmey, Pratt, Schultz. 7. Watedord, Sheet if2.5, dated 11-13-92, Plan Level 80'-0"/85'-3` Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated tt-13-92, Plan Level 90'-6" Gwathmeyy, Pratt, Schultz. 9. Waterford, Sheet A'2.7, dated 11-73-92, Plan Level 101'-0" Gwathmey, Pratt. Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0° Gwathmey, Pratt, Schultz. SDD No. 4. They are minirnur+: development standards and shall apply unless more restrictive standards are Incorporated In the approved de- velopment plan which is adopted by the Town Cc~.;ncil. Setbacks A. Area A, Ca ~cade Village Required seti»cks shall be as indicated in es^h developPment plan with a minimum setback o:r the periphery of the property of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 6, 7962, by the Planning and Environmental Commission. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creak. B. Area B, Coldstream Condominiums Required setbacks shall be as Indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Sedion 12-6D-7 of the PrimerylSecondary zone district of the Town of Vail Municipal Code. For single-family Lots 39-1 and 39-2, development shall occur par the approved building envelopes and Is subject to : ~a lolluwing: All Suture duvelopment will be restrided to the area within the building envelopes. The only development permitted outside the building enve- lopes shall be landscaping, driveways (access bridge) and retaining walls assodated with drive- way cons[niction. At--ggrode patios (those within 5' of existing ur unished grade) will be permitted to project beyond the building envelopes not more than ten leaf (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than flue feet (5' nor more than one-fourth (3) the mini- mum required dimension between buildings. D Area D. Glen Lyon Commercial Site ~ ~ ~'• ..7 setbacks shall be as indicated On the appproreJ development plans. Height A. For the purposes of SDD No. 4 calcula- tions of height, height shall mean the distance measured vertically from the existing grade or fin- ished grade (whichever fs more restrictive), at any given point to the top of a flat roof, or man- sard roof, or to ttre highest ridge line of a sloping roof unless otherwise specified in approved de- velopm•~nt plan drawings. B. A.:aa A, l;ascade Village 1. l ha maximum height for the Westin Hotel, Ct.rC Learling Center, Terrace Wing, Plaza Con- ference Building and Cascade Parking Struulure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Waterford Building: Maximum height of feet as measured from fin!shed grade to any por- tion of the roof along the rwrth elevation shall be 55' (South Frontage ~Hoad), 56' along the west el- evation Westhaven Drive, and 65 feel aln~~ the south arxf east elu~allun as moasin. ! h n fur fished grade. 4. Westhaven Building: A m; !~num of 55 feet. 5. Millrace III: A maximum of 36 feet. r;. Millrace IV: A maximum of 36 tout. Y. Cascade Club Addition: A max~,m;:n of 26 feet. I ~.~ rode Entry Tower: A maximum of 36 Seel. r~melnder of buildings In Area A shall have ura.,,:rum height of 48 feet. THEr SAIL T1R.AIL l;Janua= ,~, £~ --14~ ~ 99~?' '~.~- .- . .