HomeMy WebLinkAboutOrdinance No. 19, Series of 2011 Memo 101811To: Vail Town Council
From: Community Development Department
Date: October 18, 2011
Subject: Second 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 second 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?
On October 4, 2011, the Vail
Town Council approved Ordinance No. 19, Series of 2011, upon first reading.
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. This condition was not included in the approved first reading of
Ordinance No. 19, Series of 2011.
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 second
reading. Should the Vail Town Council wish to approve this ordinance upon second reading, the following motion should be made:
“The Town Council approves, on second 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 second 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?
Ordinance No. 19, Series of 2011