HomeMy WebLinkAboutOrdinance No. 19, Series of 2011_ SDD 29 The Valley Phase II EHU on site removalORDINANCE 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.
WHEREAS, amendments to
a Special Development District are permitted pursuant to parameters set forth for such in Section 12-9A-10 of the Town Code of the Town of Vail; and
WHEREAS, the Planning and Environmental
Commission of the Town of Vail held a public hearing on September 26, 2011 to consider the proposed amendment in accordance with the provisions of the Town Code of the Town of Vail and
forwarded a recommendation of approval with conditions to the Town Council of the Town of Vail based on the criteria and findings presented in the staff memorandum; and
WHEREAS, Section
12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, was established in order to provide an option for employee housing deed restrictions to be removed in
exchange for a new deed restriction and/or payment to the Town of Vail; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special Development District No. 29,
complies with the review criteria outlined in Section 12-9A-8 of the Vail Town Code and that the applicant has demonstrated that any adverse effects of the requested deviations from
the development standards of the underlying zoning are outweighed by the public benefits provided; and
WHEREAS, the approval of the major amendment to Special Development District
No. 29, and the development standards in regard thereto shall not establish precedence or entitlements elsewhere within the Town of Vail; and
WHEREAS, all notices as required by the
Vail Town Code have been sent to the appropriate parties; and
WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to adopt the
proposed amendments to Special Development District No. 29, which removes the on-site employee housing requirement, thus allowing the applicant to exchange the deed restriction in accordance
with Section 12-13-5, Employee Housing Unit
Deed Restriction Exchange Program, Vail Town Code; and
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT:
Special Development District No. 29, as
established by Ordinance No. 17, Series of 1993, and amended by Ordinance No. 6, Series of 1997, is hereby repealed and reenacted as follows:
[Note: All additions are illustrated with
bold and deletions are illustrated with strikethrough.]
Section 1. Amendment Procedures Fulfilled, Planning Commission Report
The Town Council finds that all procedures set forth
in Chapter 18.40 Article 12-9A(Special Development Districts) of the Vail Municipal Code have been fulfilled, and the Town Council has received the recommendation of approval from the
Planning & Environmental Commission for the major amendment to Special Development District No. 29.
Section 2. Purposes
Special Development District No. 29 is established to ensure
comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the
Town Council and the Planning and Environmental Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of the standards
of the Residential Cluster zone district.
Section 3. Special Development District No. 29 Established
Special Development District No. 29 (SDD No. 29) is established for the development
on two parcels of land. Tract A (upper development area) consists of .880 acres and Tract B-2 (lower development area) consists of 2.418 acres.
Section 4. Development Plan
A. The
development plan for SDD No. 29 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted
by Parkwood Realty and consists of the following documents:
Final plat of The Valley, Phase II, a resubdivision of Tracts A and B, a part of parcel A, Lion's Ridge Subdivision Filing
No. 2, completed by Intermountain Engineering, Limited dated July 8, 1993.
Structural engineering drawings by Ray T. Davis dated July 7, 1993.
Soils report for Tracts A-1 and A-2 by Koechlein Consulting Engineers dated June 21, 1993.
Site plan of the lower
development area (Tract B-2) by Randy Hodges dated April 24, 1993, (Sheet number 1.)
Site plan for the upper development area (Tract A) by Randy Hodges dated November 6, 1991,
(Sheet number 4.)
Detailed analysis of the retaining walls, driveway, prototypical building sections and regrading for the upper development area (Tract A) by Randy Hodges dated July
12, 1992, (Two sheets, unnumbered.)
Hazard analysis letters by Nicholas Lampiris, PhD, dated September 18, 1992 (two letters) and January 22, 1993.
A landscape plan by Randy Hodges dated
April 23, 1993, (Sheet number 2.)
A drainage plan by Range West, Inc. dated January 28, 1993.
Elevations of the seven single family homes to be constructed in the lower
development area (Tract 8-2), (Sheet numbers 7, 9, 11, 13, 15, 17.) These sheets correspond to homes A,B,C,D,E, and F.
Floor plans and elevations of residence G, by Randy Hodges dated
September 1, 1993 sheet numbers 1, G2, G2a, and G3. This home is to be constructed in the lower development area (Tract B-2), and shall include a Type Ill employee housing unit, having
534 433 square feet. Prior to issuance of a building permit for Residence G, the applicant shall sign a deed restriction on a form provided by the Community Development Department
which shall conform to all requirements for a Type Ill employee housing unit, Section 18.57.060. This employee housing unit may be relocated off-site in accordance with Section 12-13-5,
Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code.
Other general submittal documents that define the development standards of the Special Development District.
Topographic
survey, dated 1/27/97 identifying the proposed building envelope for Tract A.
B. The development plan shall adhere to the following:
Acreage: The site is made up of two parcels: Tract A and 8-2, The Valley, Phase II. Site A is made up of . 860 acres and site B-2 is made up of 2.418 acres.
Permitted Uses:
Tract A
Single
Family residential dwellings
Two Family residential dwellings
Primary/Secondary residential dwellings
Open Space
Public and private roads
Tract B-2
Single Family residential dwellings
Open
Space
Public and private roads
Conditional Uses:
Public utility and public service uses
Bed and Breakfasts as further regulated by Section 12-14-18 18.58.31
Type II EHU, located on Tract
A
Accessory Uses:
Private greenhouses, toolsheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family
residential uses.
Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190 12-14-12;
Other uses
customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof;
Setbacks: The setbacks shall be those shown on the site plans for Tract
A and Tract 8-2, or as provided for with the building envelopes.
Density: Approval of this development plan shall permit nine (9) Single Family dwelling units, two (2) units located
on Tract A and seven (7) dwelling units located on Tract B-2.
Building Height: Building height shall be 33 feet for a sloping roof.
Parking: Parking shall comply with the requirements of Section 18.52 (Off-Street Parking and Loading). Each unit shall have a minimum of two enclosed parking spaces.
GRFA: GRFA
for Tracts A and B-2 shall conform to paragraph 11(E) of this ordinance.
Landscaping: The area of the site to be landscaped shall be as indicated on the landscape plan. A detailed
landscape plan shall be submitted to the Design Review Board for their approval. The Design Review Board approved final landscape plan shall provide at least the minimum number of trees
and shrubs shown on the plan prepared by Randy Hodges dated April 23, 1993 reviewed by the Planning and Environmental Commission on July 12, 1993.
Design Requirements: At time
of DRS submittal, the applicant shall submit drawings that meet the following requirements:
The buildings on Tract A shall be "benched-in" into the hillside and stepped with the
natural contours of the site. Site excavation should be no more than necessary to accommodate the proposed development. Extensive site grading to create a flat building site shall
not be permitted. In order to ensure compliance with the above, finished grades on the north, east and west elevations of buildings shall not deviate more than 4 feet from existing
grade at any point.
The Buildings on Tract A shall be designed with the internal hazard mitigation recommended by Mr. Nick Lampiris in his hazard analysis dated September 18, 1992 (two
letters) and January 22, 1993.
The Buildings on Tract A shall be designed with a turn-around using the apron in front of the garage. The garage and apron may be located at any point
along the southern edge of the envelope. The Fire Department shall require that 35 feet be provided between the front of the garage door and the far edge of pavement of the driveway.
There shall be a minimum height of 12.5 feet of clearance in the turnaround area to allow for fire truck maneuvering.
The sod areas shall align with the existing sod areas of Grouse
Glen located to the west of Tract B-2 and the sod type shall match Grouse Glen.
The GRFA of the proposal shall comply with the following chart: The GRFA
allocated for each residence in the lower development area (TractB-2) and in the upper development area (Tract A) may be modified up to 50 square feet per unit as long as the total GRFA
for each tract does not exceed the maximum of 15,111 square feet 13,623 (13,314 +309) for the lower development area (Tract B-2) and 5993 (6,152 -159) for the upper development area
(Tract A).
Lower development area (Tract B-2):
Base Floor Area*
Credit
GRFA
Garage credit
A
1816
225
2041 2082
463
B
1816
225
2041 2115
493
C
1845
225
2070
2051
493
D
2148
225
2373 2100
486
E
1675
225
1900 1937
492
F
2157
225
2382 2409
483
G
1857+309**
450
2616 2417*
459
Total
13623
15,111
Upper
development area (Tract A):
Tract A-1
3784
Tract A-2
2813
Tract A TOTAL
5993
450
6443 6597
1200
*Includes EHU square footage that may be absorbed into
Residence G.
* Floor areas may change by up to 50 square feet from those shown in the "base floor area" column as long as the GRFA does not exceed the total shown for each tract.
**The
additional 309 square feet is made up of 159 taken from the lower development area and 150 granted by the Town of Vail.
Prior to excavation of either building site on Tract A, the
applicant shall either document that all excavation will occur on-site or shall provide letters from adjacent property owners allowing the excavation to encroach.
Prior to June 1, 1997,
the existing viewing deck on Tract A must be removed.
The existing driveway cut for Tract A shall be shown on the final plat as the only permitted access to the site.
Recreation Amenities
Tax: The recreation amenities tax is $.30 per square foot.
Drainage Plan: Prior to issuance of any building permits within this SDD, the applicant shall provide a drainage plan which meets the standards of the Town Engineer.
Section 5. If
any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 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 4th day of October, 2011 and a public hearing for second reading of the Ordinance set for the 18th day of October, 2011 in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_________________________
Richard D. Cleveland, Mayor
Attest:
__________________________
Lorelei Donaldson, Town Clerk