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HomeMy WebLinkAbout1987-32 Repealing and Reenacting Ordinance No. 10, Series 1987, to Provide for a Reduction of the Number of Units Permitted; Adjusting the Gross Residential Floor Area Per Unit`' d Y .. `., f ORDINANCE N0. 32 Series of 1987 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 19, SERIES DF 1987, TO PROVIDE FDR A REDUCTION DF TFIE NUMBER OF UNITS PERMITTED; ADJUSTING THE GROSS RESIDENTIAL. FLOOR AREA PER UNIT; CHANGING CERTAIN WORDING RELATING TO HEIGHT LIMITATIONS AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town; and WHEREAS, the Town Council approved Ordinance No. 19, Series of 1987 establishing Special Development District No. 16; and WHEREAS, the Town Planning staff and Planning and Environmental Commission has recommended that certain minor changes be made in Special Development District No. 1S; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and reenact Ordinance No. 19, Series of 1987 to provide for such changes in Special Development District No. 16, Elk Meadows. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL DF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Ordinance No. 19, Series of 1987, is hereby repealed and reenacted with amendments to read as follows: Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Cade have been fulfilled, and the Town Council has received the report of the Planning and Environmental Commission recommending approval of the proposed development plan for Special Development District No.,16. Section 2. Special Development District No. 16. Special Development District No. lfi {SOD lfi} and the development plan therefore, are hereby approved for the development of Phase III, The Valley, part of Parcel A, Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consisting of 3.6 acres. ., ~ • Section 3. Purpose Special Development District 15 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 complimentary to t:he Town by the Town Council and meets all design standards as set forth in Section 18.4n of the Municipal Code. As stated in the staff memorandum dated June 8, 1987, there are significant aspects of Special Development District 16 which are difficult to satisfy through the imposition of the standards of the Residential Cluster zone district. SDD 16 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. In order to help preserve the natural land scenic features of this site, building envelopes will be established which designate the areas upon the site in which development will occur. The establishment of these building envelopes will also permit the phasing of the development to proceed according to each individual owner`s ability to construct a residence. SDD16 provides an appropriate development plan that maintains the unique character of this site given the difficult site constraints which must be addressed in the overall design of the proje~:t. Section 4. Development Plan A. The development plan far SDD 16 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Lamar Capital Corporation and consists of the following documents, which will be finalized at the major subdivision final p7 at review: 1. Elk Meadows Subdivision Phase III, The Valley, final plat, a resubdivision of part of Parcel A, Lionsridge Subdivision, Filing Na. 2, Eagle Valley Engineering and Surveying, Mr. Leland Lechner, Surveyor, August 6, 1987. 2. Elk Meadows Subdivision Phase III: Final utility plan, part of Parcel A, Lionsridge Subdivision, Filing No. 2, Eagle Valley Engineering and Surveying, February 23, 1987. 3. Elk Meadows Subdivision Phase III Access Road Design Drawing, John Maci<owen, Surveying and Engineering, Inc., June a, 1987 4. Final Landscape Plan, Elk Meadows, Phase III, Mr. Dennis Anderson, Associates, August fi, 1987. 2 . • • . 5. Elk Meadows Subdivision, Phase III, Final Drainage Plan, Mr. Don Pettigrnve, P.E., August S, 1987. 6. Elk Meadows Subdivision, Phase III, final rockfall land slope analysis plan, Mr. Leland ~l. Lechner, Surveyor, Eagle Valley Engineering and Surveying, February 23, 1987. 7. Environmental Impact Report submitted by Mr. Peter Jamar, Associates, Inc., August 5, 1987, which includes Design Guidelines and Rockfall Mitigation Requirements. 8. Other general submittal documents that define the development standards of the Special Development District. B. The development plan shall adhere to the following: 1. Acrea~ee: The total acreage of the site is 3.619 acres 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b. Open space c. public and private roads 3. Conditional Uses: a. Public utility and public service uses b. Public buildings, grounds and facilities c. Public or private schools d. Public park and recreation facilities e. Ski lifts and taws f. Private clubs g. Dog kennel 4. Accessory Uses: a. Private greenhouses, tool sheds playhauses, attached garages or carports, swimming pools, patios, or recreation Facilities customarily incidental to a single-family use. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Sections 18.58.130 through 18.58.190 c. Other uses customarily incidental and accessory to permitted ar conditional uses, and necessary for the operation thereof 3 d. Horse grazing, subject to the issuance of a horse grazing permit in accordance with the provisions of Chapter 18.58. 5. Parcel Acreages and Uses a. Building Envelopes 1. .0547 acres, 1 single family unit 2. .0517 acres, 1 single family unit 3. .0534 acres, l single family unit 4. .0483 acres, 1 single family unit 5. .0929 acres, 1 single family unit fi. .0641 acres, 1 single family unit 7. .0498 acres, 1 single family unit b. Tract l: 2.491 acres open space and drainage easement c. Tract 2: .6927 acres private access road ar~d parking S. Setbacks - Minimum setbacks fnr the location of structures in relation to building envelope perimeter ]fines shall be as follows: a. No structure shall be located on the utility easement as so designated on the final plat of the subdivision. b. No structure shall be located less than twa feet from either the east or the west perimeter line. c. No structure shall be located less than three feet from the north perimeter line. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. 7. Densit.v: Approval of this development plan shall permit seven (7) single family dwelling units. A building situated on a single unit residential building envelope shall not contain more than 2,285 square feet of GRFA. 8. Building Height. Building height shall not exceed 33 feet for a sloping roof. 9. Parking: Two parking spaces shall be provided per unit with one of the two being enclosed plus one guest parking space in the common parking area. 4 • 10. Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary 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 represent the general subdivision's landscape requirements. The entire portion of the building envelope not covered by pavement or buildings shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. Design Guidelines: The Design Guidelines shall be submitted to the Design Review Board for their approval. The DRB final design guidelines shall represent the approved design guidelines. Design guidelines for the site are as follows: a. Roof pitch shall be between 4 feet in i2 feet and & feet in 12 feet. b. Roof material shall be metal standing seam or a metal stamped California the form and be either charcoal grey or dark navy blue in color. c. Siding material shall be either cedar or redwood and shall be applied horizontally as indicated on the prototypical building elevations. Only light colored stain shall be applied to siding. d. Either stucco or siding shall be applied to exposed concrete foundation walls. If stucco is utilized, it shall be light in color. e. All windows shall 6e white metal clad windows. f. All roofs shall have overhangs of at least 1 foot in order to protect walls and wall openings from rain and snow and to contribute to the building's character. 12. Recreation Amenities Tax: The recreational amenities tax is $.30 per square foot. 13. Protective Covenants: Prior to major subdivision final plat approval, the developer shall file protective covenants on the land records of Eagle County which will provide that each owner who builds a structure on a designated building envelope shall comply with the design guidelines and rockfall mitigation requirements as outlined by the EIR by Jamar Associates August 5, 1987. Copies of the guidelines and mitigation requirements shall be available to prospective purchasers at the Community Development office and Developer's office. The covenants shall also state that an owner may choose to have another qualified engineer/geologist design appropriate rockfall mitigation measures, as long as the mitigation solution does not have negative visual impacts and is approved by the Town of Vail Community Development Department and Town Engineer. 5 • The covenants shall also provide in regard to the covenant dealing with design guidelines and rockfall mitigation, that the Town of Vail shall have the right to enforce the covenant and that the covenant may not be amended or deleted without Town of Vail approval. The protective covenants shall be approved by the Town of Vai] attorney, prior to major subdivision final plat approval. Section 5. Amendments Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 18.66.060. Amendments which do change the substance of the development plan shall be required to be approved by Town Council after the above procedure has been followed. The Community Development Department shall determine what constitutes a change in the substance of the development plan. Section 6. Expiration The applicant must begin construction of the Special Development District within 18 months from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development within the time limits imposed by the preceding subsection, the Planning and Environmental Commission shall review the Special Development District. They shall recommend t the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to of the remaining portions it would have passed this clause nr phrase thereof, sections, subsections, se Section 3. be invalid, such decision shall not affect the validity of this ordinance; and the Town Council hereby declares ordinance, and each part, section, subsection, sentence, regardless of the fact that any one or more parts, ntences, clauses or phrases be declared invalid. The repeal or the repeal and re-enactment of any provisions of the Vail Municipal Code as provided in this ordinance shall not affect any right which has 6 ,' ~ . • 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 repealed or repeated and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ AND PASSED ON FIRST READING THIS 1st day of September , 1987, and a public hearing sha17 be held on this ordinance on the 1st day of September, 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in fu11 this 1st day of S 198']. Paul R. John~~o Nfayor .A-T~ ST: ~L ~. ~~ Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED b_v title only this 15th day of ATT T: ivrc,r,~~,~. ~ Pamela A. Brandmeyer, T wn Clerk be 1987. tem Sep / ~ Pau o n Mayor 7 ~ ~ ~ a U J m 0 a } C 0 a O M~~ ~ (~ ~ O (J ~ o nNLLpJ~Mr os zno ~~o aaoF"F'-~Z~¢ vii O~ ~ ~ ~ ~ w9F~z~wO ac ~wo wt~ ~NF-~q¢rLL ~3 7nr p' ~~ N ~0. ~UFC7 roaf i¢LU~n }iW ~°[~ O ~W~ JO~ tr .. C7~0 `w a r O ~ ~~ ZG~ asu¢HrnZ?H¢ '9~~ ^z~ M~ jm Z W' WUWYp7~UWi= t~',~ p 4QZ v~ mzO~m W Uo aw ~ oN iC c nU~ ~9 ZW ZWLL~W nn VLN a?J ~ ~.E Z~ U~pOWa ZQQ o c~~ ¢C7 ~- m p o r Z = N inc~ ¢~ E Nv W ufQ W ''-m U [Prn ~ ~ p ozp~Za~OZ oa~ fln°: mx ~o ~U~2~" Z¢~ vc~ OZ~~ hmU LLLL pZ~ ~O~~4 o~~HO~m wmc wrua~ptL~H pn~c' Zpm n I- E 3 ZuJ U.=P..~W.-W ~~ -w7~t 4-cno QROF-¢u.U~W 0.v Ula{17 ¢2F ~ ~ O ~ ~+~-_ C°O~ ~ ~ O ~ ~ -p ~ ~„~ ~ ~ ~ O ~ .~ ~ L ~ ~ ~ ~ w _~I ,~ O, ~ ~~ O N N ~ NC3Q~a~tUQ~C ~ ~ ~ ~ } ~ ~ O ~' TpCQCp~v+U ~ ~ ~ *` ~ ~ ~ ~~ ~ ~ O ~ C ~ ~ '~ ~ ~- ~ d O C 0 ~~ O ~~ +- ~ ~ ~ O Q37 ~! 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