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HomeMy WebLinkAboutOrdinance No. 19, Series of 2011 Memo 100411To: Vail Town Council From: Community Development Department Date: October 4, 2011 Subject: First reading of Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District No. 29, The Valley Phase II, pursuant to Section 12-9a-10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on-site employee housing unit (EHU) requirement in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto. WHAT IS THE PURPOSE OF THIS HEARING? The purpose of this hearing is to review and take action on the first reading of Ordinance No. 19, Series of 2011. The purpose of this ordinance is to amend Special Development District No. 29, The Valley Phase II, to allow the on-site EHU to be off-site, provided the applicant exchange complies with the EHU exchange program, as may be amended. WHAT IS THE BACKGROUND OF THIS APPLICATION? The background information, as well as other supporting documentation, can be found in Staff’s memorandum to the Planning and Environmental Commission, found in Attachment B of this memorandum. WHAT DID THE PLANNING AND ENVIRONMENTAL COMMISSION RECOMMEND? The Planning and Environmental Commission recommended approval of this SDD amendment at their September 26, 2011 hearing, with the following condition: “The approval of a major amendment to SDD No. 29 is contingent upon the approval of an employee housing unit transfer in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code.” Staff believes that because the ordinance is written to accommodate either an on- or off-site EHU, this condition is not necessary. WHAT ACTION SHALL THE VAIL TOWN COUNCIL TAKE ON THIS REQUEST? The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 19, Series of 2011, upon first reading. Should the Vail Town Council wish to approve this ordinance upon first reading, the following motion should be made: “The Town Council approves, on first reading, Ordinance No. 19, Series of 2011, repealing and reenacting Special Development District No. 29, The Valley Phase II, pursuant to Section 12-9a-10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on-site employee housing unit (EHU) requirement in accordance with the provisions of Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; located at 1460 Buffehr Creek Road, Unit G/ Lot G, Crossview At Vail, Phase 3, and setting forth details in regard thereto.” Should the Vail Town Council choose to approve Ordinance No. 19, Series of 2011, on first reading, the following findings should be made: “1. The proposal to amend Special Development District No. 29, The Valley Phase II, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code; and, 2. The applicant has demonstrated to the satisfaction of the Vail Town Council, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan.” WHAT IS ATTACHED TO THIS MEMO FOR REFERENCE? Ordinanc e No. 19, Series of 2011 Staff memorandum to the Planning and Environmental Commission, with Attachments A and B only