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Home My WebLink About1990- 2 Rezoning a Parcel of Land Legally Described as Parcel D, Stephen's Subdivision, According to the Amended Plat Thereof from Residential Cluster to High Density Multiple Family• ~g ~ Qeu,~Q r~rcf4~~' ORDINANCE NO. 2 Series of 1990 AN ORDINANCE REZONING A PARCEL OF LAND LEGALLY DESCRIBED AS PARCEL D, STEPHEN'S SUBDIVISION, ACCORDING TO THE AMENDED PLAT THEREOF RECORDED MARCH 19, 1985 IN BOOK 409, AT PAGE 160, AS RECEPTION #305440, WITH THE EAGLE COUNTY CLERK AND RECORDERS OFFICE FROM RESIDENTIAL CLUSTER TO HIGH DENSITY MULTIPLE FAMILY AND ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 24 IN ACCORDANCE WITH CHAPTER 18.40 OF THE VATL MUNICIPAL CODE AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.4D of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, application has been made for Special Development DistxiCt approval for a certain parcel of property within the Tawn known as a parcel of land legally described as Parcel D, Stepehen's Subdivision, according to an amended plat recorded with the Eagle County Clerk and Recorders Office to be known as Special Development District No. 24, commonly referred to as the Faessler Realty Property; and WHEREAS, application has further bean made to rezone a parcel of land Legally described as Parcel. D, Stephen's Subdivision, according to an amended plat recorded with the Eagle County Clerk and Recorders Office from Residential Cluster to High Density Multiple Family in order to allow for the range of uses and activities proposed for Special Development District No. 24; and WHEREAS, in accordance with Section 18.66.240, the Planning and Environmental Commission on January 8, 3.990, held a public hearing on the prapased zoning amendment and the proposed SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 7.8.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO, THAT: section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 18.66 of the Municipal Code of the -1-- • , . ~ . 1 Town of Vail have been fully satisfied, and all other requirements of the Municipal Code of the Town relating to zoning amendments have been fully satisfied. Sectlon 2. The Town Council hereby rezones the property mare particularly described as Parcel D, Stephen's Subdivision, from Residential Cluster to High Density Multiple Family with a Special Development District overlay. Section 3. The Town Council finds that all the procedures set forth for Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 4. The Town Council finds that the development plan for Special Development District No. 24 meats each of the standards set forth in Section 18.40.080 of the Municipal Code of the Town of Vail or demonstrates that either one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. In accordance with Section 18.40.040, the development plan for Special Development District No. 24 is approved and Special Development District No. 24 is hereby approved for the property described in Section 2 above. The development plan is comprised of those plans submitted by Sidney Schultz - Architect AIA, and consists of the following documents: 1. Architectural Plans designated as Sheet Alternate "A", and sheets 1-9, dated December 21, 1989. 2. Landscape Plan drawn by Dennis Anderson Associates, Inc., dated November 18, 1989, revised December 6, 1989. Section 5. The development standards for Special Development District No. 24 are approved by the Town Council as part of the approved development plan as follows: A. Density Control Total density shall not exceed 48 dwelling units and not more than 20,600 sq.ft. of Gross Residential Floor Area shall be permitted as indicated on the plans set forth in Section 4 of this ordinance. -2- • . • ? r B. Setbacks Setbacks shall be as indicated on the site plan set forth in Section 4 of this Ordinance. C. Height Building heights shall be as indicated on the elevations set Earth in Section 4 of this Ordinance. D. Coverage Site coverage shall be as indicated on the site plan set forth in Section 4 of this Ordinance. E. Landscaping The area of the site to be landscaped shalt be as generally indicated on the preliminary landscape plan set forth in Section ~ of this Ordinance. F. Parking Parking demands of this development shall be as indicated on the site plan set forth in Section 4 of this Ordinance. G. Employee Housing Restriction All dwelling units shall be restricted pursuant to Section ~8.7.3.D$D (B,1D) of the Vail Municipal Code. Section 6. Fallowing are conditions of approval for Special Development District No. 24: 1. The uses allowed under Special Development District No. 24 with the underlying High Density Multiple Family zoning shall be limited to: A. Multi-family residential dwellings. Retail businesses are specifically not allowed as a use with Special Development District No. 24. 2. Any landscaping, as indicated on the site plan set forth in Section 4 of this Ordinance, that dies within 2 years of installation shall by replaced with a similar size and type material by the property owner. Section 7. Amendments to the approved development plan may be granted pursuant to Section 7.8.40.7.04 of the Vail Municipal Code. -3- ~- ~ i Section 8. i • if any part, section, subsection, sentence, clause of phrase of this ordinance is for any reason held to be invalid, such decision shall not affect 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 by declared invalid. Section 9. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 10. The repeal or the repeal and reenactment of any provisions of Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. -4- ,,.. i • • .~ INTRODUCED, READ AND PASSED ON FIRST READING THIS day of , 1990, and a public hearing shall be held on this ordinance on the day of , 1990 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Calarado. Ordered published in full this day of 1990. Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of 1990. Kent R. Rose, Mayor ATTEST: Pamela A. Brandmeyer, Town Clerk - 5--