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HomeMy WebLinkAboutPEC110051 SDD 29 Attach EOrdinance No. 19, Series 2011 1 ORDINANCE NO. 19 Series of 2011 AN ORDINANCE AMENDING 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 ____________ 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 Ordinance No. 19, Series 2011 2 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: *All additions are illustrated with bold italics and deletions are illustrated with strikethrough. Section 1. Purpose of the Ordinance The purpose of Ordinance No. 19, Series of 2011, is to amend Special Development District No. 29 to allow for the requirement for an on-site employee housing unit to be met on- or off-site. Section 2. Establishment Procedures Fulfilled, Planning Commission Report The procedural requirements described in Chapter 12-9A of the Vail Town Code have been fulfilled and the Vail Town Council has received the recommendation of approval from the Planning & Environmental Commission for the major amendment to Special Development District No. 29, The Valley Phase II. Requests for the amendment of a special development district follow the procedures outlined in Chapter 12-9A of the Vail Town Code. Section 3. Special Development District No. 29 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 amended as follows (sections not being amended are omitted): Section 4. Development Plan A. The development plan for SDD No. 29 is approved and shall constitute the plan for Ordinance No. 19, Series 2011 3 development within the Special Development District. The development plan is comprised of those plans submitted by Parkwood Realty and consists of the following documents: 11. Floor plans and elevations of residence G, by Randy Hodges dated September 1, 1993, sheet number 1, G2, G2a and G3. This home is to be constructed in the lower development area (Tract B-2), and shall include a Type III employee housing unit, having 534 square feet. Prior to issuance of 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 II 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. B. The development plan shall adhere to the following: 11. Design Requirements: At time of DRB submittal, the applicant shall submit drawings that meet the following requirements: e. 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). Section 4. Conditions of Approval The following conditions of approval shall become part of the Town’s approval of this amendment to Special Development District No. 29, The Valley Phase II: 1. This amendment shall only be effective upon execution of an employee housing deed restriction exchange in compliance with Section 12-13-5, Employee Housing Deed Restriction Exchange Program, Vail Town Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is Ordinance No. 19, Series 2011 4 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