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HomeMy WebLinkAbout2007-31 Repealing and Reenacting Ordinance No. 33, Series 2005, Cascade Village, Amending and Reestablishing the Approved Development Plan for Area A of SDD No. 4, In Accordance with Section 12-9A-10 ORDINANCE N0.31 SERIES OF 2007 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 2005, CASCADE VILLAGE, AMENDING AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH SECTION 12- 9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF FORTEEN NEW 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previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 11, Series of 2007, repealed and re-enacted Ordinance No. 33, Series of 2005, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4; and; WHEREAS, Ordinance No. 33, Series of 2005, repealed and re-enacted Ordinance No. 12, Series of 2005, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences, and; WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No. 8, Series of 1985, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4; and WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 11, Series of 2007, to amend and re-establish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade Residences; and . 1 Ordinance No. 31, Series of 2007 WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, the Vail Town Counci( 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 Development Area A. NOW, THEREFORE, BE !T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose of the Ordinance Ordinance No. 11, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 31, Series of 2007. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Development District No. 4, Area A, Cascade Residences. 2 Ordinance No. 31, Series of 2007 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 Cascade Residences 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 Village shall read as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 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 pertorming arts theater or cultural center. 3 Ordinance No. 31, Series of 2007 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 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 4 Ordinance No. 31, Series of 2007 ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A 17.955 Coldstream Condominiums B 4.000 Glen Lyon Primary/Secondary and Single Family Lots C 9.100 Glen Lyon Commercial Site D 1.800 Tract K E 8.322 Dedicated Open Space 32.078 Roads 4.700 TOTAL 97.955 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Waterford and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Tawn Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-76- 3, (Commercial Core 1), Vail Town Code, except for in the CMC building, where office and educational uses shall be permitted on the first floor. The "first floor" or "street level" shall 5 Ordinance No. 31, Series of 2007 be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the 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 6 Ordinance No. 31, Series of 2007 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Municipal Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16 of the Town of Vail Zoning Regulations. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 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 7 Ordinance No. 31, Series of 2007 B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. 8 Ordinance No. 31, Series of 2007 Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities, customarily incidental to permitted residential uses. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to 9 Ordinance No. 31, Series of 2007 permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units, shall be amended as follows: 10 Ordinance No. 31, Series of 2007 (deletions are shown in e'e-t~e~/additions are shown in bold ifalics) 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 ~e#~-ei~~{~98~ one hundred one (101) dwelling units for a total density of two hundred seventy (270) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. Density--Floor Area 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. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary district of the Vail Town Code. 11 Ordinance No. 31, Series of 2007 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 RetaiU Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking MILLRACE I 16 20,000 20 0.00 MILLRACE II 14 17,534 25 0.00 MILLRACE IIII 3 6,450 7 MILLRACE IV 6 10,450 19 0.00 (COSGRIFF}"' 12 Ordinance No. 31, Series of 2007 RetaiU Square On-Site Cascade Structure Aus DUs GRFA Commercial Foot Parking Parking W ESTIN 148 55,457 0.00 115 Alfredo=s 104 Seats Cafe 74 Seats Little Shop 1,250 Pepi Sports 2,491 W & H Smith, Vaumot 900 CMC BUILDING Cascade Wing 8 15,870 0.00 16 Clancy=s 1,600 0.00 13.3 Theater ( 4,220 28 College Classrooms ~ I 0.00 40 College Office ~ 1 0.00 4 TheatedMeeting Room 2J ~ ( t 1,387 (0.00 111.5 TERRACE WING Rooms 120 58,069 0.00 105 Retail 5,856 0.00 20 PLAZA 1 i3 Ordinance No. 31, Series of 2007 Rooms 20 7,205 0.00 16 Retail 1,099 0.00 4 PLAZA II Conference 0.00 35 Retail 925 0.00 3 CASCADE CLUB Retail 300 0.00 1 Bar & Restaurant 252 0.00 3.5 Office in CMC 828 0.00 3 Wellness Center 1,388 0.00 7 Office in Club 420 0.00 1.4 LlFTSIDE (WATERFORD) Units 27 56 Employee Units 2 1,100 2 TOTALS 27 47,500 58 Cascade Club Addition Wellness Center 4,500 22.5 Plaza Office`" 925 .7 14 Ordinance No. 31, Series of 2007 TOTALS 288 AU 76 DU 239,680 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 IV), no credits shall be given except for 300 s.f. to be allowed for each enclosed parking space. 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 15 Ordinance No. 31, Series of 2007 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 Levet 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 48'-6"/53'-0", Gwathmey, Pratt, Schultz. 5. Waterford, Sheet #2.3, dated 11-13-92 Plan Level 59'-0:/64'-3" by Gwathmey, Pratt, Schultz. 6. Waterford, Sheet #2.4, dated 11-4-92, Plan Level 69'-6"/74'-9", Gwathmey, Pratt, Schultz. 7. Waterford, Sheet #2.5, dated 11-13-92, Plan Level 80'-0"/85'-3" Gwathmey, Pratt, Schultz. 8. Waterford, Sheet #2.6, dated 11-13-92, Plan Level 90'-6" Gwathmey, Pratt, Schultz. 9. Waterford, Sheet #2.7, dated 11-13-92, Plan Level 101'-0" Gwathmey, Pratt, Schultz. 10. Waterford, Sheet #2.8, dated 11-13-92, Plan Level 111'-6" Gwathmey, Pratt, Schultz. 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, 16 Ordinance No. 31, Series of 2007 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.i, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Plan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #i, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20!93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6193, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/Wa Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23191. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson 17 Ordinance No. 31, Series of 2007 Associates. 35. Cosgriff Parcel, Survey, Alpine Engineering, Inc., 10/31/91 stamped. 36. Survey, a part of Cascade Village, Eagle Valley Engineering, Leland Lechner, 6/8/87. 37. Site Coverage Analysis, Eagle Valley Engineering, 10/10/88. 38. Cascade Village Special Development District Amendment and Environmental Impact Report: Peter Jamar Associates, Inc., revised 11/22/88. 39. Topographic Map, Inter-Mountain Engineering, Ltd, 12/1/94 40. Improvement Location Certificate, Eagle Valley Surveying, Inc., 3/2/92 41. The Approved Development Plan for Area A, Westhaven Condominiums, containing the following Sheets: ~wg. # itle uthor ate I IA-1.0 itle Sheet orter Architects 3-15-OS ~A-1.1 icinity Map orter Architects 1-31-OS 'A-1.2 RFA Summary orter Architects 3-15-OS IA-1.3 Spring Equinox Sun Shading orter Architects 1-31-OS IA-1.4 Summer Solstice Sun Shading orter Architects 1-31-OS IA-1.5 all Equinox Sun Shading orter .Architects 1-31-OS -1.6 inter Solstice Sun Shading orter Architects 1-31-OS -1.7 Site Plan orter Architects 3-15-OS 001 over Sheet pine Engineering 3-14-OS 002 rading Plan (West Half) pine Engineering 3-14-OS 003 rading Plan (East Half) pine Engineering 3-14-OS 10004 Storm Drainage Plan pine Engineering 3-14-OS 10005 (Grading and Drainage Details pine Engineering 3-14-OS 006 tility Plan pine Engineering p3-14-OS 007 tility Details pine Engineering 3-14-OS 10008 Demolition Plan pine Engineering 3-14-OS ~1,-1Landscape Plan Dennis Anderson Assoc. ~03-15-OS 18 Ordinance No. 31, Series of 2007 ~L,-2 andscape Plan -Cascade Club ennis Anderson Assoc. 3-15-OS ~A2,.0 arlcing Level Plan orter Architects 3-15-OS .1 first Floor Plan orter Architects 3-15-OS .2 Second Level Plan ~Nlorter Architects 3-15-OS +A2.3 ~"fhird Level Plan ~Morter Architects 3-15-OS IA2.4 Fourth Level Plan ~vlorter Architects 3-15-OS ~A2.5 lRoof Plan ~1~lorter Architects p3-15-OS 3.1 Building A Elevations ~Nlorter Architects p3-15-OS 3.2 Building B Elevations orter Architects ~03-15-OS 4.0 Building Sections orter Architects ~02-14-OS 'A4.1 Building Sections ~Vlorter Architects ~02-14-OS IA4.2 (Building Sections ~Vlorter Architects ~02-14-OS 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets, shall be amended as follows: (deletions are shown in stems-#~8~.+~#/additions are shown in bold italics) 6eesert~al Rs-~rBSt+ve-#~cm 1~Fsetk~a~~~e ~s~rtia~l R3r~p~,•n l~Fes#~ia~ee-~E fir: phete s~ee~-~a-s R~e~ese~-sloe-~~ ~~,'th ~e~+e~-w~~ Ge~s~rt6a ~ 9-AAedel wg. # Title uthor (Date -2.20 econd Floor Plan IRKD Architects 01-28-07 -2.30 Third Floor Plan IRKDArchitects 1-28-07 -2.40 IF'ourth Floor Plan IRKD Architects 01-28-07 -2. SO f Fifth Floor Plan +RKD Architects I01-28-07 19 Ordinance No. 31, Series of 2007 -3.10 ast and North Building Elevations Architects I01-28-07 ~4-3.20 West and South Building Elevations Architects I01-28-07 * A maximum of 1000 sq. ft. of common area, in addition to the approved plans, may be added to the Waterford project to allow for compliance with the Uniform Building Code, Uniform Fire Code and American Disabilities Act. The staff shall review all such additions to ensure that they are required by such codes. 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 20 Ordinance No. 31, Series of 2007 setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from Gore Creek. The Waterford building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be governed by Section 12-6D-7 of the Primary/Secondary zone district of the Vail Town Code. For single-family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: Aii future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (3) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height 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 21 Ordinance No. 31, Series of 2007 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. 22 Ordinance No. 31, Series of 2007 Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21 of the Vail Municipal Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I, 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 Vaii parking code, has been applied to the total number of required parking spaces in the Cascade 23 Ordinance No. 31, Series of 2007 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. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. 24 Ordinance No. 31, Series of 2007 D. Area D, Glen Lyon Commercial Site 1. Once the parking structure is constructed, the parking and access to Area D shall be managed per the TDA Parking Report, Parking Management Section, pages 6 and 7, August 10, 1988, and TDA Report, Vail Brewery Parking Analysis Update, dated January 16, 1990, both written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shat! be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the 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. 25 Ordinance No. 31, Series of 2007 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 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 26 Ordinance No. 31, Series of 2007 when a building permit is requested for the Westhaven Condominiums. The sidewalk shall be part of the building permit plans. The sidewalk shall be constructed subsequent to the issuance of a building permit and prior to the issuance of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. 3. 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. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3 herein. The developer(s) of Area A shall build a minimum of 3 employee dwelling units within the Cornerstone Building and 2 within the Liftside (Waterford Building). Each employee unit in the Cornerstone Building shall have a minimum square footage of 600 square feet. There shall be a total of 2 employee dwelling units in the Waterford Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominuims building shall provide 4,400 square feet of employee housing pursuant 27 Ordinance No, 31, Series of 2007 to the terms of an agreement reached with the Town of Vail as described in Condition 3. The developer of Area D shall build 2 employee dwelling units in the Area D east building per the approved plan for the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number of employee units shall not be counted toward allowable density or GRFA for SDD No. 4. All Employee Housing Units shall be deed restricted per Chapter 12.13, as amended, of the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type ll, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each Jot. 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 iot 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. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 28 Ordinance No. 3i, Series of 2007 Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of October, 2007, and a public hearing for second reading of this Ordinance set for the Gtr, day of November, 2007, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. F~odne g. Slifer, ~Aa or Y Y ATT T: / .11N ~ F•'•q/~ ?Lorel i Donaldson, Town Clerk SEAL ~o~ot~"~ 29 Ordinance No. 31, Series of 2007 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of November, 2007. Rodney E. Slifer, ~y~r ATTES~: i 'F VA/ c~P.~, ' re~ Donaldson, Town Clerk o, ~y ~ 5~' ~•.....••QS' coo 30 Ordinance No. 37, Series of 2007 2154 1 PROOF OF PUBLICATION STATE OF COLORADO } SS. COUNTY OF EAGLE } I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily 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 and that said newspaper has published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated 10/20/2007 and that the last publication of said notice was in the issue of said newspaper dated 10/20/2007. In witness whereof has here unto set my hand t 29th day of October, 2007 ish~% Te ral Manager/Editor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this 29`h day of October, 2007. ~ amela Joan Schultz Notary Public My Commission expires: November 1, 2007 Ib P - Page C36 -Saturday, October 20, 2007 - THE VAIL DAILY 970.949.1,~me~/vaildail;c;:om ORDINANCE NO. 31 D. Area D, Glen Lyon Commercial Site SERIES OF 2007 1. Micro brewery as defined in Town of Vail Municipal code, Chapter 12-2. E. Area E, Tract K AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 2005, CASCADE VILLAGE, AMENDING 1. Public parks. AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH 2. Public utility and public service uses. SECTION 12-9A-10, VAIL TOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF FORTEEN NEW DWELLING UNITS; AND 3. Access roads. SETTING FORTH DETAILS IN REGARD THERETO. 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for 7, Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation Special Development Districts; and thereof, with the exception of buildings. WHEREAS, Ordinance No. 1 t, Series of 2007, repealed and re-enacted Ordinance No. 33, Series of 2005, to amend and re-estab- lish the approved development plan for Area A, Cascade Village, SDD No. 4; and; WHEREAS, Ordinance No. 33, Series of 2005, repealed and re-enacted Ordinance No. 12, Series of 2005, to amend and re-estab- A. Area A. Cascade Village lish the Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed 1 Minor arcade. Cascade Residences, and; 2. Home occupations, subject to issuance of a home occupation permit in accordance with the WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No. 8, Series of 1985, to amend and re-establish provisions of Title 12, Zoning Regulations, Vail Town Code. the approved development plan for Area A, Cascade Village, SDD No. 4; and 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, WHEREAS, the purpose of this ordinance is to repeal and re-enact Ordinance No. 11, Series of 2007, to amend and re-establish the or other recreational facilities customarily incidental to permitted residential uses. Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade 4. Other uses customarily incidental and accessory to permitted or conditional uses, and Residences; and - necessary for the operation thereof. WHEREAS, the proposed major amendment to [he Special Development District is in the best interest of the town as it meets the 8. Area B, Coldstream Condominiums Town's development objectives as identified in the Vai{ Comprehensive Plan; and ~ 1. Home occupations, subject to issuance of a home occupation permit in accordance with the WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held provisions of Title 12, Zoning Regulations, Vail Town Code. a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, I and or other recreational facilities customarily incidental fo permitted residential uses. WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and Other uses customarily incidental and accessory to permitted or conditional uses, and WHEREAS, the Vail Town Council considers it inthe best interest of the public health, safety, and welfare to amend and re-establish necessary for the operation thereof. the Development Plan for Special Development District No. 4, Cascade Village Development Area A. 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 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; provisions of Title 12, Zoning Regulations, Vail Town Gode. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, Section 1. Purpose of the Ordinance or other recreational facilities customarily incidental to permitted residential uses. Ordinance No. 1 t, Series of 2007, is hereby repealed and re-enacted by Ordinance N6. 31, Series of 2007. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 2. Amendment Procedures Fulfilled, Planning Commission Report. D. Area D, Glen Lyon Commercial Site The approval procedures described in Section f 2-9A of the Vail Town Code have been fulfilled, and the Town Council has received 1. Home occupations, subject to issuance of a home occupation permit in accordance with the the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special provisions of Title 12, Zoning Regulations, Vail Town Code. Development District No. 4, Area A, Cascade Residences. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. Section 3. Special Development District No. 4 3. Other uses customarily incidental and accessory to permitted or conditional uses, and Special Development District No. 4 and the development plans for all sites other than the development plan for the Cascade Resi- necessary for the operation thereof. deuces therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless 4. Minor arcade. they have otherwise expired. Location of Business Activity Section 4. Special Development District No. 4, Cascade Village shall read as follows: A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permit Purpose ted unenclosed parking or loading areas, and the outdoor display of goods. Special Development District No. 4 is established to ensure comprehensive development and use of an area in a g. The area to be used for outdoor display must be located directly in front of the establishment displaying manner [hat will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the de- driveways and streets shall not be obstructed by outdoor display. velopment 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 [he Town by the Town Council and the Planning and Environmental Commission, and because there are Density Dwelling Units, shall be amended as follows: significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts (deletions are shown in sHtlc~threugh/additions are shown in bold italics) on the area. The number of dwelling units shall not exceed the following: A. Area A, Cascade Village Definitions In Area A, a minimum of three hundred fitly-two (352) accommodation or transient dwelling units and a For the purposes of this chapter, the following definitions shall apply: maximum of ninety-eight-~98) one hundred one {lA1) dwelling units for a total density of two hundred - A. "Special attraction" shall be defined as a museum, seminar or research center or pertorming arts theater seventy (270) dwelling units. or cultural center. 8. Area B, Coldstream Condominiums B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit Vocated Sixty five (65) dwelling units in a multi family dwelling that is managed as a short term rental in which all such units are operated C. Area C, Glen Lyon Primary/Secorusary and Single-Family Lots under a single management providing the~occupants thereof customary hotel services and facilities. A One hundred four (104) dwelling units. short term rental shall be deemed to be a rental for a period of time not to exceed 31 days. Each unit D. Area D, Glen Lyon Commercial Site shall not exceed 645 square feet of GRFA which shall include a kitchen having a maximum of 35 Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. square feet. The kitchen shall be designed so that it may be locked and separated from [he rest of the , unit in a closet. A transient dwelling unit shall be accessible from common corridors, walks, or balconies Density Floor Area without passing through another accommodation unit, dwelling unit,-or a transient residential dwelling A. Area A, Cascade Village unit. Should such units be developed as condominiums, they shall be restricted as set forth in Sec The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square tees. tion 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not B. Area B, Coldstream Condominiums be used as a permanent residence. Fractional fee ownership shall not be allowed to be applied to Sixty five thousand square feet (65,000 sq. tt.) GRFA. transient dwelling units. For the purposes of determining allowable density per acre, transient residen C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots - tial dwelling units shall be counted as one half of a dwelling unit. The transient residential dwelling unit GRFA shall be calculated for each lot ner Sarfinn ~~-an-a rnA~<,n, c~nn.+n ,tea o.;,.,~,,,,ca....,..,.,_, M I acknowledge the accuracy of the November 10 publication of Ordinance No. 31, Series of 2007. Matt Mire own Attorney Scot Hu ,Town Planner _4 THE VA1~ vA1LY 970.949.0555/vaildaily.com Saturday, November 10, - Paza ORDINANCE NO. 31 2. ski efts; SERIES OF 2007 D. Area D, Glen Lyon Commercial Site 1 Micro brewery as defined in Town of Vail Municipal code, Chapter 12-2. AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 33, SERIES OF 2005, CASCADE VILLAGE, AMEPIDING E. Area E, Tract K AND RE-ESTABLISHING THE APPROVED DEVELOPMENT PLAN FOR AREA A OF SDD NO. 4, IN ACCORDANCE WITH 1. Public parks. SECTION 12-9A-10, VAIIbTOWN CODE,TO ALLOW FOR THE CONSTRUCTION OF FORTEEN NEW DWELLING UNITS, AND 2. Public utility and public service uses. SETTING FORTH DETAILS IN REGARD THERETO. 3. Access roads. 4. Ski lifts and tows. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for 5. Ski trails. Special Development Districts; and 6. Snowmaking facilities. WHEREAS, Ordinance No: 11, Series of 2007, repealed and re-enacted Ordinance No. 33, Series of 2005, to amend and re-estab- 7 Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the Iish the approved development plan for Area A, Cascade Village, SDD No. 4; and; operation thereof, with the exception of buildings. WHEREAS, Ordinance No. 33, Series of 2005, repealed and re-enacted Ordinance No. 12, Series of 2005, to amend and re-estab- lish the Development Plan for Development Area A, specifically the "CMC Building', to allow for the construction of the proposed Accessory Uses A. Area A. Cascade Village Cascade Residences, and; WHEREAS, Ordinance No. 12, Series of 2005, repealed and re-enacted Ordinance No. 8, Series of 1985, to amend and re-establish 1 Minor arcade. the approved development plan for Area A, Cascade Village, SDD No. 4; and 2. Home occupations, subject to issuance of a home occupation permit in accordance with the WHEREAS, [he purpose of this ordinance is to repeal and re-enact Ordinance No. 11, Series of 2007, to amend and re-establish the provisions of Title 12, Zoning Regulations, Vail Town Code. Development Plan for Development Area A, specifically the "CMC Building", to allow for the construction of the proposed Cascade 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, Residences; and or other recreational facilities customarily incidental to permitted residential uses. WHEREAS, the proposed major amendment to the Special Development District is in the bestinterest of the town as it meets the 4. Other uses customarily incidental and accessory to permitted or conditional uses, and Town's development objectives as identified in the Vail Comprehensive Plan; and necessary for the operation thereof. WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held B. Area B, Coldstream Condominiums a public hearing on the major amendment application and has submitted its recommendation of approval [o the Vail Town Council; 1. Home occupations, subject to issuance of a home occupation permit in accordance with the and ~ provisions of Title 12, Zoning Regulations, Vail Town Code. WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to amend and re-establish or other recreational facilities customarily incidental to permitted residential uses. the Development Plan for Special Development District No. 4, Cascade Village Development Area A. Other uses customarily incidental and accessory to permitted or conditional uses, and NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: necessary for the operation thereof. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Section 1. Purpose of the Ordinance 1. Home occupations, subject to issuance of a home occupation permit in accordance with the Ordinance No. 11, Series of 2007, is hereby repealed and re-enacted by Ordinance No. 31, Series of 2007. provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, Section 2. Amendment Procedures Fulfilled, Planning Commission Report. or other recreational facilities customarily incidental to permitted residential uses. The approval procedures described in Section 12-9A of the Vail Town Code have been fulfilled, and the Town Council has received 3. Other uses customarily incidental and accessory to permitted or conditional uses, and the recommendations of the Planning and Environmental Commission for an amendment to the Development Plan for Special Devel- necessary for the operation thereof. opment District No. 4, Area A, Cascade Residences. D. Area D, Glen Lyon Commercial Site 1 Home occupations, subject to issuance of a home occupation permit in accordance with the Section 3. Special Development District No. 4 - ~ provisions of Title 12, Zoning Regulations, Vail Town Code. Special Development District No. 4 and the development plans for all sites other than the development plan for the Cascade Resi- 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, deuces therefore, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless or other recreational facilities customarily incidental to permitted residential uses. they have otherwise expired. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Section 4. Special Development District No. 4, Cascade Village shall read as follows: 4. Minor arcade. Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a Location of Business Activity manner that will be harmonious with the general character of the Town, provide adequate open space and recreational ameni- A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permit _ ties, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the fed unenclosed parking or loading areas, and the outdoor display of goods. development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded 8. The area to be used for outdoor display must be located directly in front of the establishment displaying as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are signifi- the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, cant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the driveways and streets shall not be obstructed by outdoor display. area. Density Dwelling Units, shall be amended as follows: Definitions (deletions are shown in ~ir'rkc'Z:rc..yt,additions are shown in bold italics) Por the purposes of this chapter, the following definitions shall apply: The number of dwelling units shall not exceed the following: A. "Special attraction' shall be defined as a museum,, seminal or research center or performing arts theater A. Area A, Cascade Village or cultural center. In Area A, a minimum of three hundred fifty-two (352) accommodation or transient dwelling units and a B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in maximum of ninety-eight{98) one hundred one (101) dwelling units for a total density of two hundred a multi family dwelling that is managed as a short term rental in which all such units are operated under a single management provid- seventy (270) dwelling units. ing the occupants thereof customary hotel services and facilities. A short term rental shall be deemed to be a rental for a period of B. Area B, Coldstream Condominiums 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 Sixty five (65) dwelling units 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 ~ C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots dwelling unit shall be accessible from common corridors, walks, or balconies without passing through another accommodation unit, One hundred four (104) dwelling units. dwelling unit, or a transient residential dwelling unit. Should such units be developed as condominiums, they shall be restricted as D. Area D, Glen Lyon Commercial Site set forth in Section 13-7 Condominiums and Condominium Conversions, Subdivision Regulations. The unit shall not be used as Three dwelling units, two of which shall be employee dwelling units as defined within Chapter 12-13, Vail Town Code. 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 halt of a dwelling unit. The Density Floor Area transient residential dwelling unit parking requirement shall.be 0.4 space per unit plus 0.1 space per each 100 square feet of GRFA A. Area A, Cascade Village with_a maximum of 1.0 space per unit. The gross residential floor area (GRFA) for all buildings shall not exceed 289,145 square feet. - B. Area B, Coldstream Condominiums Established Sixly five thousand square feet (65,000 sq. ft.) GRFA. A. Special Development District No. 4 is established for the development on a parcel of land comprising C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 97.955 acres and Special Development Distrct No. 4 and the 97.955 acres may be referred to as "SDD GRFA shall be calculated for each lot per Section 12-6D-8 (Density Control) for the Primary/Secondary No. 4." district of the Vail Town Code. B. The district shall consist of four separate development areas, as identified in this ordinance consisting of D Area D, Glen Lyon Commercial Site Th< rlevelnnmeni nlon fur thie orno hoe evrvro.V coo n..lin o..~r. ni,. a C..ri..c ..4 t nnu