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2008- 5ORDINANCE N0.5 SERIES OF 2008 AN ORDINANCE AMENDING ORDINANCE NO. 10, SERIES OF 2008, IN ACCORDANCE WITH SECTION 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FORA MAJOR AMENDMENT TO SPECIAL DEVELOPMENT DISTRICT NO. 4, VAIL CASCADE SUBDIVISION; AND TO AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT STANDARDS FOR AREA A, CASCADE VILLAGE; AND TO AMEND AND RE-ESTABLISH THE APPROVED DEVELOPMENT PLAN FOR THE CORNERSTONE SITE, AREA A, CASCADE VILLAGE, TO ALLOW FOR THE DEVELOPMENT OF A MIXED USE DEVELOPMENT, LOCATED AT 1276 WESTHAVEN DRIVE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, Ordinance No. 10, Series of 2008, repealed and re-enacted Ordinance No. 31, Series of 2007, to amend and re-establish the approved development plan for Area A, Cascade Village, SDD No. 4, to allow for certain additions to the "Vail Cascade Hotel Site", located at 1300 Westhaven Drive, Cascade Village; and; WHEREAS, the purpose of this ordinance is to amend Ordinance No. 10, Series of 2008, to amend and re-establish the development standards for Development Area A, Cascade Village and to amend and re-establish the site specific development plan for the "Cornerstone Site", within Development :Area j4,,; to allow for the construction of the proposed Cornerstone Building; and WHEREAS, to the extend that there are any previous site specific development plan approvals or development standards established for the "Cornerstone Site", this ordinance is intended to specifically supersede and otherwise cause any previous site specific development plan approvals or development standards for the "Cornerstone Site" to become null and void; and 1 Ordinance No. 5, Series of 2008 -Second Reading WHEREAS, any and all site specific development plans and development standards approved and/or established for planning areas and sites within SDD No. 4, not specifically affected by this ordinance, shall remain valid and in full effect; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on the major amendment application and has submitted its recommendation of approval to the Vail Town Council; and WHEREAS, all notices as required by the Vail Town Code have been sent to the appropriate parties; and WHEREAS, on January 28, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval, with conditions, for the proposed major amendments to Special Development District No. 4, Cascade Village, to the Vail Town Council in accordance with the procedures and. criteria and findings outlined in Title 12, Zoning Regulations, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the major amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the amendment does further the general and specific purposes of the Zoning Regulations, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, 2 Ordinance No. 5, Series of 2008 -Second Reading and the evidence and testimony presented; and, WHEREAS, the Vail Town Council finds that the major amendment promotes the health, safety, morals, and general welfare of the Town, and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon the review outlined in Section VIII of the Staff's January 28, 2008, memorandum to the Planning and Environmental Commission, and as outlined in Section IV of the Staff's July 1, 2008, memorandum to the Vail Town Council, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Special Development District No. 4, Cascade Village is hereby amended as follows: Purpose Special Development District No. 4 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Vail Comprehensive Plan. Special Development District No. 4 is created to ensure that the development density will be relatively low and suitable for the area and the vicinity in which it is situated, the development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and because there are significant aspects of the Special Development District which cannot be satisfied through the imposition of standard zoning districts on the area. 3 Ordinance No. 5, Series of 2008 -Second Reading Definitions For the purposes of this chapter, the following definitions shall apply: A. "Special attraction" shall be defined as a museum, seminar or research center or performing arts theater or cultural center. B. "Transient residential dwelling unit or restricted dwelling unit" shall be defined as a dwelling unit located in 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.~~ 4 Ordinance No. 5. Series of 2008 -Second Reading B. The district shall consist of five separate development areas, as identified in this ordinance consisting of the following approximate sizes: Area Known As Development Area Acreage Cascade Village A Coldstream Condominiums B Glen Lyon Primary/Secondary and Single Family Lots C Glen Lyon Commercial Site D Tract K E Dedicated Open Space Roads TOTAL 17.955 4.000 29.100 1.800 8.322 32.078 4.700 97.955 Development Plan--Required--Approval Procedure Each development area with the exception of Development Areas A and D shall be subject to a single development plan. Development Area A shall be allowed to have two development plans for the Cascade Club site as approved by the Town Council. The Liftside Condominiums Building and Cornerstone sites shall be allowed one development plan each. Development Area D shall be allowed to develop per the approved phasing plans as approved by the Town Council. A development plan for Development Area E shall be established through the review and approval of a design review application and/or conditional use permit application. The developer shall have the right to proceed with the development plans or scenarios as defined in the development statistics section of this ordinance. Amendments to SDD No. 4 shall comply with Section 12-9A, Vail Town Code. Permitted Uses A. Area A. Cascade Village 1. First floor commercial uses shall be limited to uses listed in Section 12-78- 3, (Commercial Core 1), Vail Town Code, except for in the Cascade Residences building, where office uses shall be permitted on the first floor. 5 Ordinance No. 5, Series of 2008 -Second Reading The "first floor" or "street level" shall be defined as that floor of the building that is located at grade or street level; 2. All other floor levels besides first floor street level may include retail, theater, restaurant, educational, and office except that no professional or business office shall be located on street level or first floor, with the exception noted above, unless it is clearly accessory to a lodge or educational institution except for an office space having a maximum square footage of 925 square feet located on the first floor on the northwest corner of the Plaza Conference Center building; 3. Lodge; 4. Multi-family dwelling; 5. Single Family dwelling; 6. Primary/Secondary dwelling; 7. Transient residential dwelling unit; 8. Employee dwelling as defined in Section 12-13 of the Vail Town Code; 9. Cascade Club addition of a lap pool or gymnasium. B. Area B, Coldstream Condominiums 1. Two-family dwelling; 2. Multi-family dwelling. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Single family dwelling; 2. Two-family dwelling. 3. Type II Employee Housing Unit (EHU) per Chapter 12-13, of the Vail Town Code. D. Area D. Glen Lyon Commercial Site 1. Business and professional offices; 2. Employee dwelling as defined in Section 12-13 of the Vail Town Code. E. Area E, Tract K 1. Bicycle and pedestrian paths. 2. Interpretive nature walks. 6 Ordinance No. 5, Series of 2008 -Second Reading 3. Nature preserves. 4. Passive outdoor recreation areas and open spaces. Conditional Uses Conditional uses shall be reviewed per the procedures as outlined in Chapter 12-16, Conditional Use Pe rmits, Vail Town Code. A. Area A, Cascade Village 1. Cascade Club addition of a wellness center not to exceed 4,500 square feet. 2. Special attraction; 3. Ski lifts; 4. Public Park and recreational facilities; 5. Major arcades with no frontage on any public way, street, walkway or mall area. 6. Transportation Business. 7. Temporary Use of the Tennis Facility for Conferences and Conventions B. Area B, Coldstream Condominiums 1. Public Park and recreational facilities; 2. Ski lifts. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots 1. Public park and recreational facilities; 2. Ski lifts; D. Area D, Glen Lyon Commercial Site 1. Micro-brewery as defined in Chapter 12-2, Vail Town Code. E. .Area E, Tract K 1. Public parks. 2. Public utility and public service uses. 3. Access roads. 7 Ordinance No. 5, Series of 2008 -Second Reading 4. Ski lifts and tows. 5. Ski trails. 6. Snowmaking facilities. 7. Other uses customarily incidental and accessory to permitted and conditional uses and necessary for the operation thereof, with the exception of buildings. Accessory Uses A. Area A. Cascade Village 1. Minor arcade. 2. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 3. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 4. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. B. Area B, Coldstream Condominiums 1. Home occupations, subject to issuance of a home occupation permit in 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 8 Ordinance No. 5, Series of 2008 -Second Reading Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. D. Area D, Glen Lyon Commercial Site 1. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Title 12, Zoning Regulations, Vail Town Code. 2. Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreational facilities customarily incidental to permitted residential uses. 3. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 4. Minor arcade. Location of Business Activity A. All offices, businesses, and shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. B. The area to be used for outdoor display must be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor display. Density--Dwelling Units The number of dwelling units shall not exceed the following: A. Area A, Cascade Village In Area A, a total of two hundred eighty eight (288) accommodation or transient 9 Ordinance No. 5, Series of 2008 -Second Reading dwelling units and a maximum of one hundred thirty one (131) dwelling units for a total density of two hundred seventy five (275) dwelling units. B. Area B, Coldstream Condominiums Sixty-five (65) dwelling units C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots One-hundred four (104) dwelling units. D. Area D, Glen Lyon Commercial Site Three dwelling units, two of which shall be employee housing units (EHUs) as defined within Chapter 12-13, Vail Town Code. Density--Floor Area A. Area A, Cascade Village The gross residential floor area (GRFA) for all buildings shall not exceed 356,680 square feet. B. Area B, Coldstream Condominiums Sixty-five thousand square feet (65,000 sq. ft.) GRFA. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots GRFA shall . be calculated for each lot based on the Two-Family Primary/Secondary Residential District, per Section 12-6D-8 Density Control, Vail Town Code. D. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Commercial Square Footage A. Area A, Cascade Village Area A shall not exceed 35,698 square feet of commercial area. B. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. 10 Ordinance No. 5, Series of 2008 -Second Reading TABLE 1: AREA A PARKING & DEVELOPMENT STATISTICS This table is a compilation of information from `Chart 1' and `Chart 2' in Ordinance No. 31, Series of 2007, and `Table 1: Area A Parking & Development Statistics' in Ordinance No. 10, Series of 2008. Liftside Condos (formerly Waterford) 29 48,600 2 56 Westhaven Condominiums 13 32,000 29 Millrace Phase I, II, IV 39 47,984 64 The Cascades (formerly Millrace III) 6 11,987 12 Cascade Residences a roved 22 47,151 13 16 Blue Tiger 1,600 13.3 Office/Retail 5,061 16.3 Cascade Hotel 148 55,457 115 Chaps Restaurant 4,735 39.5 Hotel Cafe 2,160 18 Pepi Sports 2,491 8 Fireside Bar 1,800 15 Terrace Rooms 120 58,069 105 Terrace Retail 5,856 20 Plaza Rooms 20 7,205 16 Plaza Retail 2,024 7 Plaza Conference 8,297 35 Fitness Club 5,886 30 Cornerstone 22 0 48,407 4 623 56 0 Total 131 288 356,860 6 40,533 230 454.1 Multiple Use Credit (1 0% of required ) -45.4 Total Required Parking in Cascade Structure 408.7 Total Parking Spaces Provided in Parking Structure 421 Total Surplus Parking Spaces in Parking Structure 12.3 *GRFA includes DU and AU square footage. EHUs do not count towards GRFA in SDD #4. 11 Ordinance No. 5, Series of 2008 -Second Reading Development Plans Area A, Cascade Village Site specific development plans are approved for Area A. The following documents comprise the development plan for the SDD as a whole, Liftside Condomiums Building (formerly known as Waterford), Cascade Residences (formerly known as the "CMC Building"), Cornerstone, Cascade Club Addition Scenario 1 and 2, and Millrace IV: 1. Waterford, Sheet #L-2, dated 11-12-92, Landscape Plan, Dennis Anderson. 2. Waterford, Sheet #1.1, dated 11-13-92, Site/Grading Plan Gwathmey, Pratt, Schultz. 3. Waterford, Sheet #2.1, dated 11-13-92, Plan Level 38/43' 3", Gwathmey, Pratt, Schultz. 4. Waterford, Sheet #2.2, dated 11-13-92, Plan Level 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, 12 Ordinance No. 5, Series of 2008 -Second Reading Schultz. 13. Waterford, Sheet #3.1, dated 11-13-92, Elevations Gwathmey, Pratt, Schultz. 14. Waterford, Sheet #3.2, dated 11-13-92, Elevations, Gwathmey, Pratt, Schultz. 15. Waterford, Sheet #4.1, dated 11-4-92, Sections Gwathmey, Pratt, Schultz. 16. Waterford, Sheet #4.2, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 17. Waterford, Sheet #4.3, dated 11-4-92, Sections, Gwathmey, Pratt, Schultz. 18. Waterford, Sheet #9.1, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 19. Waterford, Sheet #9.2, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 20. Waterford, Sheet #9.3, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 21. Waterford, Sheet #9.4, dated 10-20-92, Unit Plans, Gwathmey, Pratt, Schultz. 22. Waterford, Sheet #9.5, dated 10-20-92, Unit Plans Gwathmey, Pratt, Schultz. 23. Cascade Club Addition Site Ptan, Roma, 10/10/88. 24. Cascade Club Floor Plan, Roma, 10/10/88. 25. Millrace III, Sheet #1, dated 5/6/93, Site Plan, Steven James Riden. 26. Millrace III, Sheet #2, dated 4/13/93, Floor Plans for Single Family Residence, Steven James Riden. 27. Millrace III, Sheet #3, dated 5/6/93, Elevations for Single Family Residence, Steven James Riden. 28. Millrace III, Sheets #4 and #5, dated 3/20/93, Floor Plans for Duplex Building, Steven James Riden. 29. Millrace III, Sheets #6 and #7, dated 5/6/93, Elevations for Duplex Building, Steven James Riden. 30. Millrace III, Sheet L1, dated 5/6/93, Site/Landscape Plan, Steven James Riden. 31. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Site Plan, Arnold Gwathmey Pratt, 10/28/91. 32. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Elevations Arnold Gwathmey Pratt, 10/22/91. 33. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Floor Plans Arnold Gwathmey Pratt, 10/23/91. 34. Millrace IV, Scenario I, a/k/a Cosgriff Parcel, Landscape Plan, Dennis Anderson Ordinance No. 5, Series of 2008 -Second Reading 13 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 -1.0 itle Sheet orter Architects 3-15-OS -1.1 icinity Map orter Architects 1-31-OS -1.2 RFA Summary orter Architects 3-15-OS -1.3 Spring Equinox Sun Shading orter Architects 1-31-OS -1.4 Summer Solstice Sun Shading orter Architects 1-31-OS -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 004 Storm Drainage Plan pine Engineering 3-14-OS 005 rading and Drainage Details lpine Engineering 3-14-05 006 tility Plan pine Engineering 3-14-OS 007 tility Details pine Engineering 3-14-OS 008 emolition Plan pine Engineering 3-14-OS -1 andscape Plan ennis Anderson Assoc. 3-15-OS 14 Ordinance No. 5, Series of 2008 -Second Reading -2 andscape Plan -Cascade Club ennis Anderson Assoc. 3-15-OS .0 arlting Level Plan orter Architects 3-15-OS .1 first Floor Plan orter Architects 3-15-OS .2 Second Level Plan orter Architects 3-15-OS .3 bird Level Plan orter Architects 3-15-OS .4 ourth Level Plan orter Architects 3-15-OS .5 oof Plan orter Architects 3-15-OS 3.1 uilding A Elevations orter Architects 3-15-OS 3.2 uilding B Elevations orter Architects 3-15-OS 4.0 uilding Sections orter Architects 2-14-OS 4.1 uilding Sections orter Architects 2-14-OS 4.2 uilding Sections orter Architects 2-14-OS 42. Approved Development Plan for Area A, Cascade Residences, containing the following sheets: wg. # itle uthor ate -2.20 Second Floor Plan Architects 1-28-07 -2.30 bird Floor Plan Architects 1-28-07 -2.40 ourth Floor Plan Architects 1-28-07 -2.50 fifth Floor Plan Architects 1-28-07 -3.10 ast and North Building Elevations Architects 1-28-07 -3.20 est and South Building Elevations Architects 1-28-07 43. Approved Development Plan for Area A, Cornerstone Site, containing the following sheets: wg. # itle uthor ate 1 andscape Plan ennis Anderson 6-20-08 S 1 Schematic Bus Turnaround pine Engineering 6-03-08 15 Ordinance No. 5, Series of 2008 -Second Reading -2.OOa Site Plan PSL Architects, P.C. 6-12-08 -2.OOb Stie Plan PSL Architects, P.C. 6-12-08 -2.01 ower Level Parking PSL Architects, P.C. 6-12-08 -2.02 pper Level Parking -Plaza Level PSL Architects, P.C. 6-12-08 -2.03 esthaven Drive Ground Level PSL Architects, P.C. 6-12-08 -2.04 esthaven Drive Level One PSL Architects, P.C. 6-12-08 -2.05 evel Two PSL Architects, P.C. 6-12-08 -2.06 evel Three PSL Architects, P.C. 6-12-08 -2.07 evel Four PSL Architects, P.C. 6-12-08 -2.08 evel Five PSL Architects, P.C. 6-12-08 -2.09 evel Five Loft PSL Architects, P.C. 6-12-08 -2.10 oof Plan PSL Architects, P.C. 6-12-08 -3.10 levation: West @ Loft Side PSL Architects, P.C. 6-12-08 -3.20 levation: East @ Cascade PSL Architects, P.C. 6-12-08 -3.30 levation: North and South PSL Architects, P.C. 6-12-08 -3.40 levation/Section: East @ Liftside PSL Architects, P.C. 6-12-08 Area C, Glen Lyon Primary/Secondary and Single Family Lots 1. Building Envelopes for Lots 39-1 and 39-2 per sheet, L-1, prepared by Design Workshop, Inc., dated 11-9-98. Area D, Glen Lyon Commercial Site The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Development Standards The development standards set out herein are approved by the Town Council. These standards shall be incorporated into the approved development plan pertinent to each development area to protect the integrity of the development of SDD No. 4. They are minimum development standards and shall apply unless more restrictive standards are incorporated in 16 Ordinance No. 5, Series of 2008 -Second Reading the approved development plan adopted by the Town Council. Setbacks A. Area A, Cascade Village Required setbacks shall be as indicated in each development plan with a minimum setback on the periphery of the property (Area A) of not less than twenty feet, with the exception that the setback requirement adjacent to the existing Cascade parking structure/athletic club building shall be two feet as approved on February 8, 1982, by the Planning and Environmental Commission, and with the exception that the setback requirement of a portion of the Westhaven Condominiums building, as indicated on the approved development plans referenced in this ordinance, shall be 14 feet. All buildings shall maintain a 50 foot stream setback from the centerline of Gore Creek. The Liftside Condominiums Building shall maintain a minimum 20 foot setback from the north edge of the recreational path along Gore Creek. B. Area B, Coldstream Condominiums Required setbacks shall be as indicated on the development plan. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Required setbacks shall be based on the Two-Family Primary/Seconday Residential District, Section 12-6D-6, Setbacks, Vail Town Code. For single- family Lots 39-1 and 39-2, development shall occur per the approved building envelopes and is subject to the following: All future development will be restricted to the area within the building envelopes. The only development permitted outside the building envelopes shall be landscaping, driveways (access bridge) and retaining walls associated with driveway 17 Ordinance No. 5, Series of 2008 -Second Reading construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (1/2) the distance between the building envelope and the property line, or may project not more than five feet (5') nor more than one-fourth (1/4) the minimum required dimension between buildings. D. Area D. Glen Lyon Commercial Site Required setbacks shall be as indicated on the approved development plans. Height A. For the purposes of SDD No. 4 calculations of height, height shall mean the distance measured vertically from the existing grade or finished grade (whichever is more restrictive), at any given point to the top of a flat roof, or mansard roof, or to the highest ridge line of a sloping roof unless otherwise specified in approved development plan drawings. B. Area A, Cascade Village 1. The maximum height for the Westin Hotel, CMC Learning Center, Terrace Wing, Plaza Conference Building and Cascade Parking Structure/Athletic Club is 71 feet. 2. Cornerstone Building: Maximum height of 71 feet. 3. Liftside Condominiums Building: Maximum height of feet as measured from finished grade to any portion of the roof along the north elevation shall be 55' (South Frontage Road), 56' along the west elevation Westhaven Drive, and 65 feet along the south and east elevation as measured from finished grade. 4. Westhaven Building: A maximum of 55 feet. 5. Millrace III: A maximum of 36 feet. 18 Ordinance No. 5, Series of 2008 -Second Reading 6. Millrace IV: A maximum of 36 feet. 7. Cascade Club Addition: A maximum of 26 feet. 8. Cascade Entry Tower: A maximum of 36 feet. 9. The remainder of buildings in Area A shall have a maximum height of 48 feet. C. Area B. Coldstream Condominiums The maximum height shall be 48 feet. D. Area C. Glen Lyon Primary/Secondary and Single-Family Lots The maximum height shall be 33 feet for a sloping roof and 30 feet for a flat or mansard roof. E. Area D. Glen Lyon Commercial Site 51 % of the roof shall have a height between 32 and 40 feet. 49% of the roof area shall have a height under 32 feet. On the perimeter of the building for Area D, height is measured from finished grade up to any point of the roof. On the interior area of any building, height is measured from existing grade up to the highest point of the roof. Development plan drawings shall constitute the height allowances for Area D. Site Coverage Area A: Not more than 45% of the total site area may be covered by buildings unless otherwise indicated on the site specific development plans. Area B: No more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 45% of the area may be covered unless otherwise indicated on the site specific development plans. 19 Ordinance No. 5, Series of 2008 -Second Reading Area C: No more than 25% of the total site area shall be covered by buildings, unless the more restrictive standards of Chapter 12-21, Vail Town Code apply. Area D: No more than 37% of the total site area shall be covered by buildings and the parking structure. Landscaping At least the following percentages of the total development area shall be landscaped as provided in the development plan. This shall include retention of natural landscape, if appropriate. Areas A and B, fifty percent (50%), and in Areas C and D, sixty percent (60%), of the area shall be landscaped unless otherwise indicated on the site specific development plans. Parking and Loading A. Area A, Cascade Village 1. Off-street parking shall be provided in accordance with Chapter 12-10, Vail Town Code, except that 75% of the required parking in Area A shall be located within a parking structure or buildings with the exception of Millrace IV, Scenario I and the Westhaven Condominiums, where 66.6% and 71 %, respectively, of required parking shall be enclosed in a building. 2. There shall be a total of 421 spaces in the main Cascade Club parking structure. A 17.5 percent mixed-use credit per the Town of Vail parking code, has been applied to the total number of required parking spaces in the Cascade structure. 3. There shall be a total of 58 on-site parking spaces on the Liftside Condominiums Building site with a minimum of 75% of the required space located below grade. No mixed use credit shall be applied to this site. zo Ordinance No. 5, Series of 2008 -Second Reading 4. There shall be a minimum of 56 enclosed parking spaces located within the Cornerstone building. No mixed use credit has been applied to this lot. 5. The third floor of the Cascade parking structure shall not be used to meet any parking requirements for accommodation units, transient residential dwelling units, employee dwelling units or dwelling units. 6. Phasing: All required parking for Cornerstone and Liftside Condominiums Building shall be located on their respective sites. All required parking for the Cascade Club Wellness Center Addition Scenario 1 shall be provided in the Cascade parking structure. 7. Seventy-five percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm for Millrace III. 8. All loading and delivery shall be located within buildings or as approved in the development plan. B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view from adjoining properties within a landscaped berm. C. Area C, Glen Lyon Primary/Secondary and Single-Family Lots Off-street parking shall be provided in accordance with Chapter 12-10 of the Municipal Code. 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 21 Ordinance No. 5, Series of 2008 -Second Reading written by Mr. David Leahy. 2. No loading or delivery of goods shall be allowed on the public right-of-way along the South Frontage Road adjacent to the Area D development. 3. The owner of the property and brewery management shall prohibit semi-truck and trailer truck traffic to the Glen Lyon Commercial site. The only truck loading that shall be allowed to the site shall be vans having a maximum length of 22 feet. Recreation Amenities Tax Assessed The recreational amenities tax due for the development within SDD No. 4 under Chapter 3.20 shall be assessed at a rate not to exceed fifty cents per square foot of GRFA in Development Area B; and at a rate not to exceed fifteen cents per square foot of GRFA in Development Area C; and at a rate not to exceed seventy-five cents per square foot of floor area in Development Area D; and shall be paid in conjunction with each construction phase prior to the issuance of building permits. Conservation and Pollution Controls A. The developer's drainage plan shall include a provision for prevention of pollution from surface runoff. B. The developer shall include in the building construction, energy and water conservation controls as general technology exists at the time of construction. C. The number of fireplaces permitted shall be as set forth in the Vail Town Code as amended. 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 22 Ordinance No. 5, Series of 2008 -Second Reading 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 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 23 Ordinance No. 5, Series of 2008 -Second Reading of a temporary certificate of occupancy for the Westhaven Condominiums. 2. The developer shall provide 100-year floodplain information for the area adjacent to the Waterford and Cornerstone buildings to the Town of Vail Community Development Department before building permits are released for either project. C. Area D, Glen Lyon Commercial Site. The development plan for this area has expired. See Ordinance No. 8, Series of 1998 for previous requirements. Employee Housing The development of SDD No. 4 will have impacts on available employee housing within the Upper Eagle Valley area. In order to help meet this additional employee housing need, the developer(s) of Areas A and D shall provide employee housing. In Area D, the above referenced employee housing requirement shall be provided on site. For the Westhaven Condominiums site, the employee housing requirement shall be met as set forth in Condition 3, as set forth in Ordinance No. 12, Series of 2005. There shall be a total of 2 employee dwelling units in the Liftside Condominiums Building. One shall be a minimum of 300 square feet and the other a minimum of 800 square feet. The developer of the Westhaven Condominiums building shall provide 4,400 square feet of employee housing pursuant to the terms of an agreement reached with the Town of Vail as described in Condition 3, as set forth in Ordinance No. 12, Series of 2005. 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 24 Ordinance No. 5, Series of 2008 -Second Reading the Vail Town Code prior to issuance of building permits for the respective project. In Area C, Lots 39-1 and 39-2, shall be required to provide a Type II, Employee Housing Unit (EHU) per Chapter 12-13 of the Zoning Regulations of at least 500 sq. ft. each, on each lot. These lots shall not be entitled to the 500 sq. ft. of additional GRFA. The 500 sq. ft. shall be included in the allowable GRFA on these lots. Each lot shall also be entitled to 300 sq. ft. of garage area credit for the employee housing unit, in addition to the 600 sq. ft. garage area credit allowed per residence. The driveway width of 12 is allowed to remain (no increase in driveway width is required) for all allowed/required dwelling units and employee housing units on these lots. Time Requirements SDD No. 4 shall be governed by the procedures outlined in Section 12-9A of the Town of Vail Town Code, unless such time requirement is amended herein. Section 2. Special Development District No. 4 Special Development District No. 4 and the development plans for all sites other than the development plan for the Cornerstone Site, hereby remain approved for the development of Special Development District No. 4 within the Town of Vail, unless they have otherwise expired. Section 3. Conditions of Approval for the Cornerstone Site Development Plan The following conditions of approval are herein made part of this amending ordinance and shall specifically and exclusively apply or pertain to the site specific development plans approved and referenced herein for the Cornerstone Site: 1. That the Developer revise the approved plans for the Cornerstone Building, prior to or concurrent with any submittal for design review, to ensure that each employee housing unit also include provisions for no less than one-hundred (100) square feet of storage, per unit, on-site and within the structure; 25 Ordinance No. 5, Series of 2008 -Second Reading 2. That the Developer obtains final review and approval of the proposed development plan by the Town of Vail for Review Board, prior to making an application for the issuance of a building permit. 3. That the Developer pays in full the employee housing mitigation fee of $691,476.44 or otherwise complies with the Vail Town Code with regard to the required mitigation, in a manner acceptable to the Town of Vail, using any one or a combination of the permitted mitigation methods, pursuant to Section 12-23- 6B, and Section 12-24-6B, Vail Town Code, prior to the issuance of a building permit. 4. That the Developer submits a complete set of civil engineered drawings of the Approved Development Plans, including the following required off-site improvements; a. Design and Construct Westhaven Drive entrance improvements including; additional turn lanes and adequate queuing areas, landscaped and irrigated medians, (6') sidewalk connections from the proposed skier portal to the Frontage Road on both sides of Westhaven Drive, a bus turnaround and bus stop meeting Town of Vail and ECO standards, 3 skier drop-off spaces, landscaping and adequate snow storage areas as approved by the Public Works Department. b. Design and Construct A 10' concrete walk along the South Frontage Road from the western most point of the Cascade Parking/Conference building to a point in front of the Liftside Condominiums, approximately 680' in length (including crosswalk). The walk shall be detached wherever feasible and separated by a minimum of a 5' landscaped and irrigated buffer. Such drawings/plans shall be submitted to the Town of Vail Community Development Department for review and shall receive approval prior to the 26 Ordinance No. 5, Series of 2008 -Second Reading Developer making application for the issuance of a building permit. 5. That the Developer shall address and resolve, to the satisfaction of the Town Engineer, all the comments and conditions identified in the memorandum from the Town Engineer, and addressed to Scot Hunn, dated January 25, 2008, on any civil engineered plans submitted in conjunction with building permits. 6. That the Developer pays in full, the Traffic Impact Fee of $117,000 (based on the 18 net pm peak hour trips) prior to the issuance of a building permit. All or a portion of the fee may be offset by specific capacity improvements including the cost of the design and construction of the left turn lane on Westhaven Drive. 7. That the Developer prepares a Cornerstone Building Art in Public Places Plan, for input and comment by the Town of Vail Art in Public Places Board, prior to the request for a temporary certificate of occupancy. Subject to the above input and comment by the Art in Public Places Board, the Applicant will work with Town Staff to determine the type and location of the art to be provided. Said Plan shall include the funding, up to 50 000, for one (1) public art improvement to be developed in conjunction with the Cornerstone Building project. 8. That the Developer provides the legally executed and duly recorded Type VII deed restriction with the Eagle County Clerk & Recorder's Office in a form approved by the Town Attorney for the four (4) on-site employee housing units, and that said units shall be made available for occupancy, prior to the issuance of a temporary certificate of occupancy for the Cornerstone Building project. 9. That the Developer integrate sustainable and/or energy efficient technologies such as geothermal or ground source heating, active solar and high efficiency heating and cooling systems and equipment in any further design and construction specifications, to be approved by the Town prior to installation, for 27 Ordinance No. 5, Series of 2008 -Second Reading all portions of the heated bus turn-around and skier drop-off areas identified on the plans labeled "Cornerstone Schematic Bus Turnaround" by Alpine Engineering, dated June, 3, 2008; 10. That the Developer submit a master sign program for design review for those areas along Westhaven Drive and near the intersection of Westhaven Drive and South Frontage Road, specifically for the purpose of directing skier parking within the Cascade Resort parking structure and reducing, to the extent possible, the amount of vehicles parked on South Frontage Road; Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 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 28 Ordinance No. 5, Series of 2008 -Second Reading not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1St day of July, 2008, and a public hearing for second reading of this Ordinance set for the 15th day of July, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleve an ,Mayor ATTEST: , Town Clerk ' ~~~ j ._ INTRODUCED, READ, ADOPTE'l~'~IQD ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 15th day of July, 2008. D. lev a d, a or ATTEST: J : O • ~:. Donaldson, Town Clerk ~ : ~~ 29 Ordinance No. 5, Series of 2008 -Second Reading