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HomeMy WebLinkAbout2005-12 Repealing and Reenacting Ordinance No 8. Series 1995, Cascade Village, Amending and Reestablishing the Approved Development Plan for the Westhaven Condominiums site, Located within SDD No. 4 ORDINANCE N0.12 SERIES OF 2005 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 8, SERIES OF 1995, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR THE WESTHAVEN CONDOMIMIUMS SITE, LOCATED WITHIN DEVELOPMENT AREA A OF SDD N0.4, IN ACCORDANCE WITH SECTION 12-9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF THIRTEEN DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 11, Series of 1999, has become null and void, thereby necessitating a new approved development plan for the subject property in order to proceed through the development review process; WHEREAS, Mirus LLC, as the owner of the Westhaven Condominiums property, has submitted an application for a major amendment to Special Development District No. 4, • de Villa a Develo ment Area A; and Casca g p WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 8, Series of 1985 to amend and re-establish the Development Plan for Development Area A, specifically the Westhaven, a.k.a. the "Ruins" site (Westhaven Condominiums), to allow for the construction of the proposed Westhaven Condominiums; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and Ordinance 12, Series of 2005 WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning & Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish the Development Plan for Special Development District No. 4, Cascade Village Develo ment Area A. P NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: (Amended language indicated in bold italics, deleted is in s#~+IEe-tt~edgf~ lettering.) • Section 1. Purpose of the Ordinance Ordinance No. 8, Series of 1985, is hereby repealed and re-enacted by Ordinance No. 12, Series of 2005. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning & Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A, Westhaven Condominiums. • 2 Ordinance 12, Series of 2005 Section 3. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Westhaven Condominiums therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 4. Special Development District No. 4, Cascade ~Ilage shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created • to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning & Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. . Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a • 3 Ordinance 12, Series of 2005 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 accessib{e from common corridors, walks, or balconies without passing through another accommodation unit, dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to transient • dwelling units. For the purposes of determining allowable density per acre, transient residential dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit parking requirement shall be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA with a maximum of 1.0 space per unit. Established A. Special Development District No. 4 is established for the development on a parcel of land comprising 97.955 acres and Special Development District No. 4 and the 97.955 acres may be referred to as "SDD No. 4. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of the following approximate sizes: • 4 Ordinance 12, Series of 2005 Area Known As Development Area Acreage Cascade ~Ilage 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 with Section 12-9A of the Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-76- 3, (Commercial Core 1), Vail Town Code. The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; • 5 Ordinance 12, Series of 2005 • 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; • s Ordinance 12, Series of 2005 • 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. • 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C; Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. • 7 Ordinance 12, Series of 2005 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. 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 • g Ordinance 12, Series of 2005 ~ • 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. 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. • g Ordinance 12, Series of 2005 • 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 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. • 10 Ordinance 12, Series of 2005 • 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. • 11 Ordinance 12, Series of 2005 • Development Statistics for Area A. Cascade Village, and Area D, Glen Lyon Commercial Site CHART 1: Area A Completed Projects RetaiU Square OnSke Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking MILLRACE I 18 20,000 20 0.00 MILLRACE II 14 17,534 25 0.00 MILLRACE IIII 3 6,450 7 MILLRACE N 6 10,450 19 0.00 (COSGRIrr~ • WESTIN 148 55,457 0.00 115 Alfredo=s I I I 1104 Seats I I Cafb I I I I 174 Seats I I Little Shop I I I I 1 1 250 I I Pepi Sports I I I I 1 2 491 I I W & H Smkh, Vaumot 900 CMC BUILDING Cascade Wing I 1 8 15,870 I I 10.00 116 Clancy=s I ~ 11,600 I 10.00 113.3 I I 1 I i I • 12 Ordinance 12, Series of 2005 • RetaiU Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking Theater 4,220 28 College Classrooms 0.00 40 College Office 0.00 4 I TheatedMeeting Room 2J 1,387 0.00 11.5 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 • Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 PLAZA ll Conference 0.00 35 Retail g25 0.00 3 CASCADE CLUB Retail 300 000 I 1 Bar & Restaurant 252 0.00 (3.5 I Office fn CMC 828 10.00 13 ~ 1 I I • 13 Ordinance 12, Series of 2005 • Wellness Center 1,386 0.00 7 Office in Club 420 0.00 1.4 LIFTSIDE (WATERFORD) Units 27 5g Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 • Plaza Office" 925 ,7 TOTALS 288 AU 76 DU 239,880 24,598 129 449.9 (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 I~, no credits shall be given except for 300 s.f. to be allowed for each enGosed parking space. • 14 Ordinance 12, Series of 2005 i • CHART 2: AREA A REQUIRED PARKING Parking for Completed Projects per Chart 1 Parking Spaces in 461.9 Cascade Parking Structure Less 17.5% Mixed-Use Credit -80.8 Total Required Parking at Build-Out of Area A in Cascade Structure 381.1 Existing Parking in Cascade Structure 421.0 • Required Parking in Cascade Structure at Build-Out of Area A With 17.5% mixed-use credit 381.1 Development Plans Site specific development plans are approved for Area A and Area D. The development plans for Area A are comprised of those plans submitted by Vail Ventures, Ltd. and other developers. The development plans for Area D are comprised of those plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents comprise the development plan for the SDD as a whole, Waterford, Cornerstone, Cascade Club Addition Scenario 1 and 2, Millrace IV, and Area D-Glen Lyon Commercial Site and is not all inclusive: 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. • 15 Ordinance 12, Series of 2005 • 3. Watertord, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Watertord, Sheet #2.2, dated 11-13-92, Ptan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Watertord, 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. Watertord, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Watertord, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Watertord, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. • 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, Schultz. 12. Watertord, 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. Watertord, 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. • 16 Ordinance 12, Series of 2005 • 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace II1, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario 1, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. • 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, as attached (Exhibit A) to this Ordinance and containing the following Sheets: • 17 Ordinance 12, Series of 2005 • IDwg: # Title uthor ate ~A-1.0 Title Sheet I1Korter Architects 3-1 S-OS -1.1 VcinityMap IMorterArchitects 1-31-OS -l.2 GRFA Summary I1Korter Architects ~13-I S-OS -1.3 pring Equinox Sun Shading ~l~lorter Architects 01-31-OS -1.4 ummer Solstice Sun Shading ![blotter Architects 1 3l-OS f A-l. S I Fall Equinox Sun Shading otter Architects ~Ol -31-OS ~4-1.6 Winter Solstice Sun Shading otter Architects 01-31-OS -l. 7 ite Plan otter Architects 03-1 S-OS 0001 I Cover Sheet Alpine Engineering I03-14-OS 0002 Grading Plan (West Half (pine Engineering ~03-14-OS 0003 Grading Plan (East Hal, !pine Engineering ~03-14-OS 0004 torm Drainage Plan I Alpine Engineering I03-14-OS (COOS Grading and Drainage Details !pine Engineering ~03-14-OS 10006 Utility Plan Ipine Engineering ~03-14-OS I000~ Utility Details ~4lpine Engineering 3-14-OS 10008 emolitionPlan IAlpineEngineering 3-14-OS L-1 andscape Plan I Dennis Anderson Assoc. 3-1 S-OS L 2 andscape Plan -Cascade Club ennis Anderson Assoc 103-1 S-OS 12.0 arking Level Plan otter Architects 03-1 S-OS 42.1 first Floor Plan otter Architects 3-1 S-OS 12.2 econd Level Plan +1Korter Architects ~03-I S-OS 42.3 Third Level Plan ~lorter Architects 3-l S-OS 12.4 ourth Level Plan I Morten Architects 03-1 S-OS ,A2. S I Roof Plan Ili~torter Architects ~03-1 S-OS A3.1 wilding A Elevations I1~Iorter Architects ~03-1 S-OS 43.2 ~8uilding B Elevations ~Morter Architects ~03-I S-OS 44.0 uilding Sections I1tTorter Architects ~02-14-OS 1.44.1 uilding Sections I Hotter Architects 2-14-OS `A4.2 I Building Sections Il~lorter Architects 02-14-OS • 18 Ordinance 12, Series of 2005 . * 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 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each • development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in the approved development plan which is adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 74 feel. All buildings shall maintain a 50 foot stream setback from Gore Creek. • 19 Ordinance 12, Series of 2005 I • 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 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 flue 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. • 20 Ordinance 12, Series of 2005 • 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 shalt 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 raof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area maybe covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or • 21 Ordinance 12, Series of 2005 • educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading • A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, where 66.6% and the Westhaven Condominiums, where 71 % of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking 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 • 22 Ordinance 12, Series of 2005 • the Cornerstone building with 37 of the required spaces available to the public for short-term parking. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace lll. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums • Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way 23 Ordinance 12, Series of 2005 • along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a r~ q::~-e fee>`-e~##~e #lea' a 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. 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. • 24 Ordinance 12, Series of 2005 • G. In Area D, a manhole on the brewery service line shall be provided so that the Upper Eagle Valley Consolidated Sanitation District may monitor BOD strength. H. In Area D, the brewery management shall not operate the brewery process during temperature inversions. It shall be the brewery owner's responsibility to monitor inversions. I. All trash compactors and trash storage areas shall be completely enclosed within Special Development District 4. J. Protective measures shall be used during construction to prevent soil erosion into Gore Creek, particularly when construction occurs in Areas A and D. K. The two employee dwelling units in Area D shall only be allowed to have gas fireplaces that meet the Town of Vail ordinances governing fireplaces. Additional Amenities and Approval Agreements for Special Development District No. 4. A. The developer shall provide or work with the Town to provide adequate private transportation services to the owners and guests so as to transport them from • the development to the Village Core area and Lionshead area as outlined in the approved development plan. B. Area A, Cascade Village 1. The developer of the Westhaven Condominiums building shall construct a sidewalk that begins at the entrance to the Cascade Club along Westhaven Drive and extends to the west in front of the Westhaven building to connect with the recreational path to Donovan Park, as indicated on the approved development plans referenced in this ordinance. The walk shall be constructed when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. • 25 Ordinance 12, Series of 2005 • 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. Cornerstone The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing ep-site. In • Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Watertord Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shal{ be a total of 2 employee dwelling units in the Watertord Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominuims building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling • 26 Ordinance 12, Series of 2005 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, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements • SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Municipal Code, unless such time requirement is amended herein Westhaven Condominiums Conditions of Approval 1. That the Developer submits a detailed contractors cost estimate identifying the costs necessary to relocate the existing overhead utility line along the applicant ~s north property line underground, and that the Developer establish a financial bond with the Town of Vail in the sum of 125% of said re/ocafing costs to ensure the burial of the utility line prior to requesting a Temporary Certificate of Occupancy, unless the work is otherwise completed by Holy Cross by that time. The work described above and in the bond shall be completed by July 31, 2006. • 27 Ordinance 12, Series of 2005 2. That the Developer re-grades and re-vegetates the knoll located at the northwest corner of the development site in association with a landscaping plan approved through the Design Review Application process. The re-grading shall be reviewed and approved by the Town Engineer and said re-grading shall be completed prior to the issuance of a Temporary Certificate of Occupancy. 3. That the Developer of the Westhaven Condominiums site, Area A, shall provide deed-restricted Employee Housing totaling at least 4,400 square feet and be comprised of at least two (2) units with a minimum of one qualified employee in each unit, which complies with the Town of Vail Employee Housing Requirements, Title 12, Chapter 13, Vail Town Code, and that said deed-restricted housing be in the Town of Vail and made available for occupancy, and that the deed restrictions be recorded at the Office of the Eagle Counfy Clerk & Recorder, prior to requesting a Temporary Cert/ffcate of Occupancy for the Westhaven Condominiums. • 4. That the Developer submits detailed civil engineering drawings of the required off-site improvements (street lights, drainage, curb and gutter, sidewalks, grading, etc.) to the Town of Vail Public Works Department for review and approval prior to the issuance of a building permit. 5. That the Developer provides written documentation from the Public Service Company granting approval of the construction of the Westhaven Condominiums in the location identified on the site plan relative to the high pressure gas line, as depicted on Sheet 0002 of the Approved Development Plan. Written approval shall be granted prior to applying for a building permit. 6. That a complete Design Review Board Application be submitted by the Developer, and be reviewed and approved by the Town of Vail Design Review Board, prior to applying for a building permit. • 28 Ordinance 12, Series of 2005 7. That this approval is granted with the understanding there will be no phasing associated with this project. By "no phasing'; this condition means one building permit will be applied for and issued which will encompass the entire scope of the Westhaven Condominiums project 8. That at the time a demolition permit is applied for, the Developer will include a plan detailing how the existing concrete from the "ruins" foundation will be properly recycled. 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 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 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 7. All 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. • 29 Ordinance 12, Series of 2005 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3`~ day of May, 2005, and a public hearing for second reading of this Ordinance set for the 17~' day of May, 2005, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. p~~a, o ~ '~'q~l ~%yf ~ • L Rodne E. Slifer, Ma or SEA Y Y ATTEST: ~o~o~~`' ~ i` i ~ Lorelei Donaldson, Town Clerk • READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17~' day of May, 2005. O`t'y N O ~ •~~9i SEAL Rodney E. 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Mav 23. 2005 The Daily C~siflods 970.845.9937 / vaildailv.com ' Ordinance No.12 Series of 2005 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 8, SERIES OF 1995, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR THE WESTHAVEN CONDOMIMIUMS SITE, LOCATED WITHIN DEVELOPMENT AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12-9A-10, VAIL TOWN CODE,TO ALLOW FOR THE • CONSTRUCTION OF THIRTEEN DWELLING UNITS; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to PsrmNted Uses previously approved development plans for Special Development Districts; and A. Area A. Cascade Village WHEREAS, Ordinance No. 11, Series of 1999, has become null and void, thereby 1. First floor commercial uses shall be limited to uses listed in Section 12- necessitating anew approved development plan for the subject property in order to proceed 7B- 3, (Commercial Core i), Vail Town Code. The "first floor" or through the development review process; "street level° shell be defined as that fk»r of the building that is WHEREAS, Mirus LLC, as the owner of the Westhaven Condominiums property, has located at grade or street level; ' submitted an application fa a major amendment to Special Develppment District No. 4, Cascade 2. All other floor levels besides fkst floor street level may include retail, Village, Development Area A; and theater, restaurant, and office except that ho profeealonal or business office shall be beefed WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 8, Series on street level or first fbor (es defined above) unless k is clearly :.___.,,_.y to a lodge a of 1985 to amend and re-establish the Development Plan for Deveopment Area A, specifically the educational institution except for en office space having a maximum square footage of 925 Westhaven, a.k.a. the "Ruins" site (Westhaven Condominiums), to allow for the construction of the square feet located on the first fbor on the northwest corner of [he Plaza Conference Center proposed Westhaven Condominiums; and building; WHEREAS, the proposed major amendment to the Special Development District is in the 3. Lodge; best interest of the town es it meets the Town's development objectives as identified in the Vail 4. Multi-family dwelling; Comprehensive Plan; and 5. Single Family dwelling; WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the 6. Primary/Secondary dwelling; Planning 8 Environmental Commission held a public hearing on the major amendment application 7. Transient residential dwelling unit; and has submitted its recommendation of approval to the Vail Town Council; and B. Employee dwelling as defined in Section 12-13 of the Municipal Code; WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to 9. Cascade Club addition of a lap pool or gymnasium. the appropriate parties; and B. Area B, Coldstream Condominiums WHEREAS, the Vail Town Council considers it in the best interest of the public health, 1. Two-family dwelling; safety, and welfare to amend and re-establish the Development Plan for Special Development 2. Multi-family dwelling. District No. 4, Cescede Village Development Area A. C. Area C, Glen Lyon Primary/Secondary end Single-Family Lota NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, 1. Single family dwelling; , COLORADO, THAT: 2. Two-family dwelling. (Amended language indicated in balder deleted ie in sNike-threugFr lettering.) 3. Type II Employee Housing Unlt (EHU) per Chapter 12-13, of the Municipal Coda. Section 1. Purpwe o11M Ordinance D. Area D. Glen Lyon Commercial Site Ordinance No. B, Series of 19&5, is hereby repealed and re-enacted by Ordinance No. 12, Series of 1. ~ Business and professional oUices; P005, 2. ~"Employee dwelling as defined in Section 12-13 of the Municipal Code. Aowd/tlavn/!/asi Seeaon 2. A Praeadurss FulRlia, Planning Commleebn Report. Conditional uses shall be reviewed per if)e procedures as outlined in Chapter 12-16 of the The approval procedures described in Section 12-9A of the Vail Town Code have been futtilled, and Town of Veil Zoning Regulations. ~ the Town Council has received the recommendations of the Planning 8 Environmental Commission for A. Area A. Cascatle Village an amendment to the Development Plan for Special Development District No. 4, Area A, Westhaven 1. Cascade Cluti addition of a wellness center not to exceed 4,500 Condominiums.. square feet. 2. Special attraction; 3. Ski lifts; Section 3. Specid Development DlsVkt No. 4 4. Public Park enQ recreational facilities; Special Development District No. 4 and the development plans for all sites other than the development 5. Major arcades with no frontage on any public way, street, walkway or plan for the Westhaven Condominiums therefore, hereby remain approved for the development of mall area. Special Development District No. 4 within the Town of Veil, unless they have otherwise expired. 6. Transportatbn Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions Section 4. Spselal pewlopment Dbtr1M No. 4, CateaW Vilkti• rlatMl read o4 follows: B. Area B, Coldstream Condominiums Purpose 1. Public Park and recreatonal facilities; Special Development District No. 4 is established to ensure comprehensive development 2. Skl lifts. and use of an area in a manner that wlil be harmonious with the general character of G Aiea G Glen Lyon Primary/Secondary and Single-Famiy Lots the Town, provide adequate open space and recreational amenities, end prarndeUre' ~ - 1. Public perk and-rsareationrU lacllitiest objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to 2. Ski lifts; ensure that the development density will be relatively low and suitable for the area and the D. Area D, Glen Lyon Commercial Site vicinity in which it is situated. the development is regarded as complementary to the Town 1 Micro-brewery as defined in Town of Vait Municipal code, Chapter 12- • by the Town Council and the Planning & Environmental Commission, and because there are 2. sign'rficant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. Aeceseory Uses A. Area A. Cascade Village DeRnltlons ~ 1. Minor arcade. For the purposes of this chapter, the following definitions shall apply 2. Home occupations, subject to issuance of a home occupation permit A. "Special attraction" shall be defined es a museum, seminar or research center or in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail performing arts theater or cultural Center. Municipal Code. B. Transient residential dwelling unit or restricted dwelling unit" shall be defined 3. Attached garages or carports, private greenhouses, swimming pools, as a dwelling unit located in amulti-family dwelling that is managed as a short term rental tennis courts, patios, or other recreational facilities customarily Incidental to in which all such units are operated under a single management providing the occupants permitted residential uses. thereof customary hotel services and facilities. A short term rental shall be deemed to 4. Other uses customarily incidental and accessory to permitted or be a rental for a period of time not to exceed 31 days. Each unit shall not exceed 645 conditional uses, and necessary for the operation thereof. square feet of GRFA which shall include a kitchen having a maximum of 35 square feet. The B. Area B, Coldstream Condominiums kitchen shall be designed so that it may be locked and separated from the rest of the unit 1. Home occupations, subject to issuance of a home occupation permit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or in accordance with the provisions of Title 12, Zoning Regulations. Town of Vail balconies without passing through another accommodation unit, dwelling unit, or a transient Municipal Code. residential dwelling unit. Should such units be devebped es condominiums, they shall 2. Attached garages or carports, private greenhouses, swimming pools, be restricted as set forth in Section 13-7 Condominiums and Condominium Conversions, tennis courts, patios, or other recreational fecilltles customarily incidental to Subdivision Regulations. The unit shall not be used as a permanent residence. Fractional permitted residential uses. fee ownership shall not be allowed to l>e applied to transient dwelling units. For the Other uses customadly incidental and accessory to permitted or conditional purposes of determining allowable density per acre, transient residential dwelling units shall uses, and necessary for the operation thereof. be counted as one haU of a dwelling unit. The transient residential dwelling unit .parking C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots requirement shall be 0.4 space per unit plus 0.1 space per each 100 square teat of GRFA 1. Home occupations, sublect to issuance of a home occupation permit with emeximum of 1.0 space per unit. in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Municipal Code. Eetabllshed 2. Attached garages or carports. private greenhouses, swimming pools, A. Special Development District No. 4 is established for the development on a tennis courts, patios, or other recreational facilities customarily incidental to parcel of lend comprising 97.955 acres and Special Development District No. 4 and the permitted residential uses. 97.955 acres may be refereed to as "SDD No. 4." 3. Other uses customarily incidental and accessory to permitted or B. The district shell consist of four separate deveopment areas, as identified in this conditional uses, and necessary for the operation thereof. ordinance Consisting of the folbv~ing approximate sizes: D. Area D, Glen Lyon Commercial Site Ana Known As pet !pros 1. Home occupations, subject to issuance of a home occupation permit Aona~ in accordance with the provisions of Title 12, Zoning Regulations, Town of Vail Cascade Village A 17.955 Municipal Code. Coldstream Condominiums B 4.000 2. Attached garages or tarpons, private greenhouses, swimming pools, Glen Lyon Primary/Secondaryend Single Family Lots C 9.100 tennis courts, patios, or other recreational facilities customarily incidental to Glen Lyon Commercial Site D 1,800 permitted residential uses. Dedicated Open Space 40.400 ~ 3. Other uses customarily incidental and accessory to permrtted or Roads 4244 conditional uses, and necessary for the operation thereof. 4. Minor arcade. ss TOTAL 97.955 Loesdon of Businsss Activity A. All offices, businesses, and shall be operated and conducted entirely within e Development Plan-RSquhsU-Approwl Rrooedure building, except for permittetl unenclosed parking or loading areas. end the outdoor display Each development area with the exception of Development Areas A end D shall of goods. be subject to a single development plan. Development Area A shall be allowed to 8, The area to be used for outtleor display must be located directly in front of the have two development plena for the Cascade Club site es approved by the Town establishment displaying the goods end entirely upon the establishment's own property. Council. The Watedord and Cornerstone sites shall be alowed one development Sidewalks, building entrances end exits, tlriveways and streets shall not ba obstructed by plan each. Development Area D shall be allowed to develop per the approved outdoor display. 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 Denelty-Dwelling Unbs development statistics section of this ordinance. Amendments to SDD No. 4 shall The number of dwelling units shall not exceed the following: comply with Section 12-9A of the Vail Town Code. A. Area A, Cascade Village In Area A, a minimum of three hundred fifty-two (352) accommodation or transient The Dally celflede 970.845.9937 / vaildaily.com ~ Monday- Mav 23; 200 ~ Pais 631 ~ dwelhng units and a maximum of ninety-four gwellingunits for a total density of two hundrec 5. Waterford, Sheet #2.3, dated 11-13.92 Plan Level 59'-0:/64'-3 ..y Gwatnmey, seventy (270) dwelhng units. Pratt. Schultz. ~ B. Area B, Coldstream Condominiums 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"(74'-9', Gwathmey, Sixty-five (65) dwelling units Pratt, Schultz. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 7 Waterford, Sheet #2.5, dated 11-13-92, Plan Level BO'-0"/85'-3" Gwathmey, One-hundred four (104) dwelling units. Pratt, Schultz. D. Area D, Glen Lyon Commercial Site 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Three dwelling units, two of which shall be employee dwelling units as defined Schultz. Chapter 12-13, of the Municipal Code . 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, • Schultz. Denagy-Floor prey 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, A. Area A, Cascade Village Schultz. The gross residential Door area (GRFA) for all buildings shall not exceed 289,145 11. Waterford, Sheet #2.9, dated 11-13-92, Plan Level 122'-0" Gwathmey, Pratt, square feet. Schultz. B. Area B, Coldstream Condominiums 12. Waterford, Sheet #2.10, dated 12-14-92, Root Plan All Levels Gwathmey, Pratt, ' Sixy-five thousand square feet (65,000 sq. tt.) GRFA. Schultz. 0. Area 0, Glen Lyon Primary/Secondary and Single-Family Lots 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. GRFA shall be calculated for each lot per Section 128D-8 (Density Control) for 14. Waterford, Shoat #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. the Primary/Secondarydistrict ofthe Town of Vail municipal code. 15. Waterford, Sheet #4.1, dated 11-492, Sections Gwathmey, Pratt, Schultz. D. Area D, Glen Lyon Commercial Site 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. The development plan for this area has expired. See Ordinance No. 8, Series of 17. Waterford. Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 1998 for previous requirements. 18. Waterford, Sheet #9.1, dated 10-20-92, Unlt Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet J19.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. ' Commercial Square Footage 20. Waterford, Shoat #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. A. Area A, Cascade Village 21 Waterford, Shoat #9.4, doled 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. Area A shall not exceed 35,698 square feet of commercial area. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. B. Area D, Glen Lyon Commercial Site 23. Cascade Club Addition Site Plan, Roma. 10/10/88. The development plan for this Brea has expired. See Ordinance No. 8, Series of 24. Cascade Club Floor Plan, Roma, 10!10/88. 19981or previous requirements. 25. Millrace III, Shoot #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Dave . Statlsdea for Area A. Caseads Village, sod Area D, ONn Lyon Steven James Riden. Commerolel SNe 27. Millrace III, Sheet #3, dated 5/6193, Elevations for Single Family Residence, CHART 1: Arse A Completed Protects Steven James Riden. ws us nrA ietall/ quare n-sne ~ascaae svucwre 28. Millrace III, Sheets 84 end #5, dated 3/20/93, Floor Plans for Duplex Building, Commercial Foot arkin4 Parkino Steven James Riden. I"9ACFI 16 OOW 0 000 29. Millrace III, Sheets #6 end #7, dated 5/6/93, Elevations for Duplex Building. Steven James Riden. ]'ILRACF II d 17,534 5 00 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31 Millrace IV, Scenario I, a/Wa Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, It ~ ~ - III 450 10/28/91. _ 32. MiIIra61ti1V, Scenario I, a/Wa Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 0,450 9 W 10/22/91. r•.nz~~l~~j°• 33. Millrace IV, Scenario I, a/Wa Cosgriff Parcel, Floor Plans Arnold Gwathmey . Pratt, 10!23/91. • FSTIN dR 54.57 011 15 34. Millrace IV, Scenario I, a/Wa Cosgriff Parcel, Landscape Plan, Dennis Ifretld-s U4 Anderson Associates. p,Pt< 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. af4 4 S^al% 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lochner, Liff18 Shpp- , 25~ 6/6/87. sni SpMS 491 37. Site Coverage Analysis. Eagle Valley Engineering, 10!70!88. -8 H Smith Vaurnm 0 38 Cascade Village Special Development District Amendment end Environmental Impact Report: PetoPJamar Associates, inc., revised 11/22/88. MC RIII) DING 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 asrarle Winn 587n On i6 q0. Improvement Location Certificate, Eagle Valley Surveying, Inc., 312/92 ~lanrvs firm ~ 7 3 41. ThI Apprnrred ArutHgpmsol Pon 1W Anv A, W ilGe/red (Er/dblt A/ ro IThearer 2211 e I M/e OM/naius NMCOnLaM/nD fM Ao/MwMy Sheets: 1• PwA.f Ille Nutnor Vate ~nllege ]Aicx Hams ~ , I'naa(BrIMDBtmA noom ,gg7 00 11.5 I .II ~ II J p1.U IIIIe SIIeeI MOnBr AfC011aCI5 pJ-10-U~ m q,gnu 1 y, t I I I r1.t Iclniry Map orterAmmtects 1-31-UJ • .n u. n W-1.z ~HrA Summary over NCnltects '-u-tra I 1.3 'prang tquln0x Sun 5nading Oner AfCNI80IS 1-31 -U5 '~"I ~ ~1.4 ummersdlsticeSunShadmg overNCnnects 1-11-1u W1a au equinox sun snamng over Arcnnects tat-tq g • rl I l ' y1-1.6 inter solstice sun Snading onar nrcnnens t-a1-w I Ice m u I .4 W-T 7 ~ns Plan over ucmtects ~ -15-Us 1001 'over sneel IDlne tnglneering 's-14~u m 002 Tatlmg Plan (West Halp Iplne tngineering N3-14-05 Iln,l< II II W3 'ratling clan (test non) Ome tnglneenng 3-14-u5 ~0pq ~torm Oralnape Ylan pine tngmeenng G3-14-w '005 ~radmg and Orainape Oetans pine tnAmeenng 3-14-Ib OTALS 88 AU includes 2 39,600 4,598 129 49.9 '006 mry Plan pine tngmeenng ~ -w~15 I --Haze space Has airoe y n coumee or a rerai parxiny requiremenr. i ne new parking 'W 1 IOIy uatall$ IpIOe tngI1188r1ng 3-19-1p 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 ~+OUg molltlon Plan pine tnplneering 3-14~1D given except for 300 s.f. to be allowed for each enclosed parking space. I 1 ntlscapePlan ennlsantlersonASSOC. 3-tD-w CHART 2: AREA A - REQUIRED PARKING -Y OSCapB Ylan-UdSCatle GIUD BnnlS Mtlers00 NSSOC. 1DiA Parking for Completed Protects per Chart 1 in Parking Spaces Cascade Parking Structure 461.9 U arking Level Ylan onar Arcnnects ~ 15-U5 Less 17.5% Mixed-Use Credh ~D.O ~ onar Arcneeds g0-1a0o 1 Fsst floor Ylan Total Required ParkinA at Build-Out of Nee A in Cascade Slrudure 301.1 I Existing Parking in Cascade Slrudure 421.p W2~1 nd Level Ylan Doer nrcnltects a-t h-ge Required Parking in Cascade Slructum at Build-Out of Area A 381 1 I 3 nn0 Leval Plan onar Ncnneds ~ -1a-Us With 17.5 % mixed-use credit gewkxpmsn/P/ins y1Z.4 Dunn Level Plan onar Arcmteas 3-1o-u5 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 ~ a Dot Ilan Ixler ArcmlBCts ' -15-W developers. The development plans for Area D are comprised of tMse plans submitted by the Glen Lyon Office Building, a Colorado Partnership. The following documents 3.1 wldingAUevauOns Moner Arcnnects n-1o-u5 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 .2 InlOmg 8 elevations over Arcmteds 3-15-U5 not all inclusive: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. .0 mltlmg Secllmns onar ArcnnectS Z-14-U5 2. Waterford, Sheet #1 1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 4.1 Dlitling SeCIIOnS MOnOf AfCNIedS 2'14-UJ 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt • Schulte-,,..._ k14.L u1101n9 JOC1i0n5 MonBr AlCnnaCtS 112-19-U5 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0". Gwathmey, I I I Pace 632 Aontlay, May 23, 2005 The Daily ClawHleda 970.845.9937 ~ 1,dailv.com _ • ' A ,,,uximum of 100b sq. tt. of common area, in addition to the approved plans, may be No mixetl use credit shall be applietl to this site. added to the Waterford protect to allow for compliance with the Uniform Building Code, 4. There shall De a minimum of 93 enclosed parking spaces located Uniform Fire Code and American Disabilities Act. The staff shall review all such additions within the Cornerstone building with 37 of the required spaces available to the to ensure that Ihey are required by such codes, public for short-term parking. No mixetl use credit has been applied to this lot. 5. The third Ibor of the Cascade parking structure shall not be used to Aron C, Clan Lyon Prlmary/Secondary end Single Psmily Lots meet any parking requremenis for accommodation units, transient residential 7 Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design dwelling units, employee dwelling units or dwelling units Workshop, Inc., dated 11-9-98. 6. Phasing: All required parking for Cornerstone and Waterford shall be located on their respective sites All required parking for the Cascade Club • Area D, GNn Lyon Commardal Sf[a Wellness Center AddiLOn Scenario 1 shall be provided in the Cascade parking The development plan for this area nos expired. See Ordinance No. 8, Series of 7998 for previous structure requirements. 7 Seventy-true percent of the required parking shall be located within the main building or buildings and hidden Irom public view hom adjoining ~/~~°f°~ properties within a landscaped berm for Millrace III. The development standards set out herein are approved by the Town Council. These standards 8.' All loading and delivery shall be located within buildings or as shall be incorporated into the approved development plan pertinent to each development area to approved in the development plan. 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 B. ~ Area B. Coldstream Condominiums plan which is adopted by the Town CouneiL Fifty percent of the required parking shall be located within the main Duilding or buildings and hitlden from public view from adjoining properties wimin a lantlscapetl berm. A. Area A, Cascade Village Requiretl setbacks shall be as indicated in each development plan with a C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots minimum setback on the periphery of the property (Ana• AJ of not less than twenty test, OfF-street parking shall be provided in accordance with Chapter 12-10 of the with the exception that the setback requirement adjacent to the existing Cascade parking Municipal Code. structure/athletic club building shall be two feet as approved on February 8, 7982, by the Planning and Environmental Commission, snd wVM Ms sxwpMao Abd Ms srnvet D. Area D, Glen Lyon Commercial Sita roqu/romenf o/i poiNOn of Me NWtluwvr Conabm/nkxru !w//dlnR ~r /nd/cipd 1. Once the parking structure is constructed, the parking and access on Mi sPMOwd nYvs/gvnwnt pbns 7rls/s/rusd M Mb oioWunaA ahs//!r lI IINt to Area D shall be rnanagetl per the TDA Parking Repon, Parking Management All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford Section, pages 6 end 7, August 70, 1988, and TDA Report, Veil Brewery Perking building shall maintain a minimum 20 foot setback from the rwdh edge of the receeational Analysis Update, dated January 16, 1990, both wriaen by Mr. David Leahy. path along Gore Creek. - 2. No loadin or deliver of g y goods shall be allowed on the public B. Area B, Coldstream Condominiums right-of-way along the South Frontage Road adjacent to the Area D Required setbacks shall be as intlicaletl on the development plan. development. C Area C, Glen Lyon Primary/Secondary and Single-Family Lots 3. The owner of the property and brewery management shall prohibit Requiretl setbacks shall be governed by Section 126D-7 of the Primary/ semi-truck and trailer truck traffic to [he Glen Lyon Commercial site. The only Secondary zone district of the Town of Vail Municipal Code. For single-family Lots 3&1 truck loading that shall be allowed to the site shall be vans having a maximum and 39-2, development shall occur per the approved building envelopes and is subject to length of 22 feel the following: i Allfuture development willbe restricted to the areawithin the building envelopes. R•erostlon Am•nNMs TaxA . ,1 The only development permittetl outside the building enveopes shall be The recreational am7Mlities tax due tw the development within SDD No. 4 under Chapter landscaping, driveways (access bridge) and retaining wells associated with 3.20 shell be assessed eFe+ah-net-t_ _ .vieMY - _ . 'oat-ef-the driveway construction. At-grade patios (those within 5' of existing or finished fk-. - rtvkeee-Agend at a rate not to exceed fifty cents per square foot of gratle) will be permitted to project beyond the building envelopes not more GRFA in Development Area B; and at a rate not to exceed fiheen cents per square foot of than ten feet (1D') nor more than one-half (2) the distance between the building GRFA in Development Area C, and at a rate not to exceed seventy-five cants per square envelope and the properly line, or may project not more than five feet (5') nor foot of floor area in Development Area D; and shall be paid in conjunction wim each more than one-fourth (3) the minimum required dimension between buildings. construction phase prior to the issuance of building permits. D Area D. Glen Lyon Commercial Site Requiretl setbacks shall be as indicated on the approved development plans. Cons•rvtlbn end Pollution Controls A. The developer's drainag,¢ plan shall include a provision for prevention of Flsight pollution from surface runoff. A For the purposes of SDD No. 4 calculations of height, height shall mean the B. The developer shall include in the building construction, energy and water distance measuretl vertically from the existing gratle or tinishetl grade (whichever is more conservation controls es general technology exists at the lime of construction. restrictive), at any given point to [he lop of a flat roof, or mansard roof, or to the highest C. The number of, fireplaces permitted shall be es se[ forth in me Town of Vail ritlge fine of a sloping roof unless otherwise specified in approved development plan Municipal as amended. drawings. D, If fireplaces are provided within the development, they must be neat efficient B. Area A, Cascade Village through the use of glass enclosures and heat circulating devices as technology exists at 1. The maximum height for the Westin Hotel, CMC learning Center, the lime of development. Terrace Wing, Plaza Conference Building and Cascade Parking Structure/ E. All water features within Development Aree A •hrlLlaava.wwr' Athletic Club is 77 feet. per the recommendation of the Environmental Impact Report by Jamar Associates on 2. Comeretohe Building: Maximum height of 71 feet. Page 34. 3. Watedord Building: Maximum height of teat as measured from F All perking structures shall have pollution coneol devices to prevent oil and tlirt • finished grade to any portion of the root along the north elevation shall be SS' Irom draining into Gore Creak. (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 G. In Area D, a manhole on the brewery service line shall be provided so that the feet along the south and east elevation as measured from finished gratle. Upper Eagle Valley Consolidatetl Sanitation District may monitor BOD strength. 4. Westhaven Building. A maximum 0155 feet. H. In Area D, the brewery management shall not operate the brewery process 5 Millrace iii. A maximum of 36 feet. during temperature inversions. It shell be the brewery owner's responsibility to monitor 6. Millrace IV: A maximum of 36 feet. inversions. 7 Cascade Club Adtlition: A maximum of 26 feet. I. All trash compactors and trash storage areas shall be completely enclosed 8. Cascade Entry Tower A maximum of 36 feet. within Special Development District 4. 9. The remaintler of buildings in Area A shall have a maximum height of J. Protective measures shall be used during construction to prevent soil erosion 48 feet. into Gwe Creek, particularly when construction occurs in Areas A and D. C Area B. Coldstream Condominiums K. The two employee dwelling un~is in Area D shall only be allowed to have gas The maximum height shall be 48 feet. fireplaces that meet the Town of Vail ordinances governing fireplaces. D. Area C. Glen Lyon PrimarylSecontlary and Single-Family Lots The maximum height shall be 331eet for a sloping roof and 30 feet for a flat or Atldhlonsl AmsnMNS end Approval Agrwmsnta for SpxW DswloprMM mansard roof. Dlstr(ct No. 4. E. Area D. Glen Lyon Commercial Site A. The developer shall provide or work with the Town to provide adequate private 51% of the roof shall have a height between 32 and 40 feet. 49% of the roof transporlation services to the owners and guests so as to transport them from area shall have a height under 32 feet. On the perimeter of the Duilding for Area D, height the tlevelopment to the Village Core area and Lionshead area as outlined in ilia is measured from finished grade up to any point of the roof. On the interior area of any approved development plan. building, height is measured from existing grade up to the highest point of the root. Development plan drawings shall constitute the height allowances for Area D. 8. Area A, Cascade Village 1. The tlevebper of the Westhaven Conmbm/n&uns building shall S/M Coksrsys construct a sidewalk that begins at the entrance to the Cascade Club along Anas A: Ablmurs MSn45%n//As/ob/sgssnlvrmsybs rntwsdbybulM/nys unAUU ~ Westhaven Orive and extends to the west in Irom of the Westhaven building odnn•/ss L..,,,, nn MS I/N SPM/~d•kr/oprrrsnlpbns to connect with the recreational path to Donovan Park, as indicated on the Area B: No more than 35%oi the total site area snail be covered by buildings, provided, approved development plans referenced in this ordinance. The walk shall it any portion of the area is developed as an institutional or educational be constructed when a building permit is requested for the Westhaven center, 45 % of the area may be covered unless otherwise indicated Conobm/n/ume. The sidewalk shall be part of the building permit plans. on the site specific tlevelopment plans. The sidewalk shall be constructed subsequent to the issuance of a building Area C No more than 25% of the total site area shall be covered by buildings, unless permit and prior to me issuance of a temporary certificate of occupancy tw the the more restrictive standards of Chapter 12-21 of the Vail Murircipal Westhaven Condom/mums. Code apply. 2. The developer shall provide 100-year floodplain information for the Area D No more than 37% of the total site area shall be covered by buildings and the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail parking structure Community Development Department before building permits are released for either protect. l-andspping 3. Comerstone At least the following percentages of the total development area shall he landscaped The development plan for this area has expiretl. See Ordinance No. 8, Series of as provided in the tlevelopment plan. This shall include retention pf natural landscape, 1998 for previous requirements. if appropriate. Areas A and B, tihy percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific C. Area D, Glen Lyon Commercial Sile. development plans. The development plan for this area has expiretl. See Ordinance No. 8, Series of 1990 for previous requirements. Parking and Lording A. Area A, Cascade Village Empbyes Rousing i Off-street parking shall be provided in accordance with Chapter 12- The development of SDD No. 4 will have impacts on available employee housing within 10, except that 75% of the required parking in Area A shall be located within a the Upper Eagle Valley area. In order to help meet this additional employee housing parking structure or buildings with the exception of Millrace IV, Scenario I, where need, the developer(s) of Areas A and D shall provide empbyee housing err site. In 66.6%antl the Westhaven Condominiums, where 71%of required parking shall Aron D, tM snow rdw•ncsd empbyee housing rpulrortlsM stall W provldad on be enclosed in a building. - sib. For the Westhaven Contlominlums alts, tM NnplOyss howing roqulroltunt 2. There shall be a total of 421 spaces in ilia main Cascade Club dull W rnet u set forth In Condgbn 3 Mroln. The developer(s) of Area A shall build parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking a minimum of 3 employee dwelling units within the Cornerstone Builtling and 2 within the cotle, has been applied to the total number of required parking spaces in the Lihside (Waterford Building). Each employee unit in Ina Cornerstone Building shall have a • Cascade structure. minimum square footage of 600 square feet. There shall be a total of 2 empbyee dwelling 3. There shall be a total of 58 on-site parking spaces on the Waterford units in the Waterford Building. 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