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Home My WebLink About1990-33 Amending Section 3 , Subsection 18.46.050 (B) and Repealing and Reenacting Section 3, Subsections 18.46.090(B), 18.46.100(B), 18.46.160(B), 18.46.180(B) and 18.46.220 if Ordinance 10, Series 1990lL~ ~/~fU ORDINANCE N0. 33 Series of 1990 AN ORDINANCE AMENDING SECTION 3, SUBSECTION 18.46.050(B} AND REPEALING AND REENACTING SECTION 3, SUBSECTIONS 18.46.09b{$}, 18.46.1b0(B), 18.46.160{B}, 18.46.18b(B} AND 18.46.220 OF ORDINANCE 10, SERIES OF 1990, TO PROVIDE CHANGES TO AREA B, SPECIAL DEVELOPMENT DISTRICT NO, 4, COLDSTREAM CONDOMINIUMS THAT CONCERN DENSITY, GROSS RESIDENTIAL FLOOR AREA, SITE COVERAGE, PARKING AND EMPLOYEE HOUSING AND SETTING FORTH THE DETAILS IN REGARD THERETO. WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order to encourage flexibility in the development of land; and WHEREAS, an application has been made to amend Special Development District No. 4, commonly referred to as Cascade Village, Area B Coldstream Condominiums; and WHEREAS, in accordance with section 18.66.14D the Planning and Enviranmenlral Commission held a public hearing on the proposed amendments and has submitted a recommendation to approve said amendments to the Town Council; and NOW, THEREFORE, BE TT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town Council finds that the procedures for a zoning amendment as set forth in Chapter 1.8.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all other requirements of the Municipal Code of the `.COWn relating to zoning amendments have been fully satisfied. Section 2. The Town Council finds that the procedures set forth for amendments to Special Development Districts in Chapter 18.40 of the Municipal Code of the Town of Vail have been fully satisfied. Section 3. Section 3, 18.46.050, Subparagraph B of Ordinance No. 10, Series of 1990 is hereby amended with the addition of Subsection 3 to read as fellows: 3. Employee unit as defined in Section 18.46.220(A). Section 4. Section 3, 18.46.090, Subparagraph B of Ordinance No. 10, Series of 1990, is hereby repealed and reenacted to read as follows: B. Area B. Coldstream Condominiums 48 dwelling units, 3 of which shall be permanently restricted employee dwelling units as defined by Section 18.46.220(A}. Section 5. Section 3, 1.8.46.100, Subparagraph B of Ordinance No. 10, Series of 1990, is hereby repealed and reenacted to read as follows: B. Area B. Coldstream Condominiums Sixty-seven thousand nine hundred thirty (67,930) square feet of GRFA. 1 Section 6. Section 3, 18.46.160 of Ordinance No. 10, Series of 1990, is hereby repealed and reenacted to read as follows. A. Area A. Cascade Village Tn area A, no more than 35% of the total site area shall be covered by buildings, provided, if any portion of the area is developed as an institutional or educational center, 454 of the area may be covered, B. Area B. Coldstream Condominiums In area B, Site Coverage shall be restricted to thirty- six thousand five hundred {36,500) square feet. Should the owner wish to enclose the existing carports, any site coverage generated by the enclosures shall not be counted as site coverage and shall not be deducted from the total allowable site coverage of 36,500 sq. ft. C. Area C. Glen Lvon Dublex Lots Tn Area C, no more than 25% of the total site area shall be covered by buildings unless the mare restrictive standards of Chapter 18.69 of the Vail Municipal Code apply. D. Area D. Glen Lvon Commercial Site Tn Area D, no more than 37% of the total site area shall be covered by buildings and the parking structure. Section 7. Section 3, 18.46.180, Subparagraph B of Ordinance No. 10, Series of 1990, is hereby rrepealed and reenacted to read as follows: B. Area B. Coldstream Condominiums Fifty percent of the required parking shall be located within the main building or buildings and hidden from public view Pram adjoining propertie;~ within a landscaped berm. The Town of Vail may require at any time, should it be deemed necessary, that the owner add up to five (5) parking spaces wittx the total parking not to exceed eighty-four (84) spaces. Section S. Section 3, 18.46.20 of Ordinance Na. 10, Seri+~s of 1990, is hereby repealed and reenacted to read as follows: Emnlovee Housing A. Definition: The development of SDD 4 will have impacts on available employee housing within the Upper Eagle Valley area. Tn order to help meet this additional employee housing need, the developer(s) of Area A shall build a minimum of 8 employee dwelling units within Area A Westhaven Condominium building. Each employee dwelling unit in Area A shall have a minimum square footage of 648 square feet. The developer of Area D shall build two 2 (2) employee dwelling units in the Area D east building per the approved plan far the East Building. In Area D one employee dwelling unit shall have a minimum GRFA of 795 square feet and the second employee dwelling unit shall have a minimum GRFA of 900 square feet. The GRFA and number o~ employee units shall not be taunted toward allowable density or GRFA far SDD 4 except in Area B. In Area A, the GRFA and number of emplayee dwelling units shall be restricted as employee dwelling units for 20 years plus the life of Tiffany Christine Lowenthal from the date of final certificate of occupancy for said units. The three (3) employee units in Area B and two employee dwelling units in Area D shall be restricted as rental employee dwelling units permanently. In Areas A, B, and D, the following restrictions shall apply to all employee dwelling units: The employee dwelling unit shall not be leased or rented for any period of less than 30 consecutive days, and that if rented, it shall be rented only to tenants who are full time employees in the Upper Eagle Valley. The Upper Eagle Valley shall be deemed to include the Gare Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and Avan and their surrounding areas. A full time employee is a person who works an average of 30 hours per week. In Area A, if an employee dwelling unit is sold, it shall be sold only to a full time employee in the Upper Eagle Valley. The owner shall occupy the unit or lease/rent as per the requirements in this section. In Areas A, B, and D, the emplayee dwelling unit shall not be divided into any form of timeshare, interval ownership, or fractional fee ownership. A declaration of covenants and restrictions shall be filed on record in the office of the Eagle County Clerk and Recorder in a form approved by the Tvwn Attorney for the benefit of the Town to ensure that the restrictions herein shall run with the land before a building permit is released for the construction of the employee units in either Area A, B. or Area D. B. Special Requirements, Area B, Coldstream Condominiums: Should the developer at any time convert the existing racquet facility at least two (2) employee dwelling units as defined in Section 18.46.220(A) shall be located in the existing facility. Section 9. If any part, section, subsection, sentence, Clause or 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 3 ,. ~ . ' ~ _ 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 10. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper for the heal~h, safety and welfare of the Town of Vail and inhabitants thereof. Section 11~ The repeal. or the repeal and reenactment of any provisions of the 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. Section 12. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall oat be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore. repealed. INTRODUCED, READ AND 1~9a, Ordinance on the in the Council Chamb~ Colorado. Ordered published in PASSED ON and a pub day of ors of the full this FIRST READING THIS day of Lic hearing shall be held an this 1990 at 7:30 p.m. Vail Municipal Building, Vail, day of , 1990. ATTEST: Kent R. Rase, Mayor Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERE^ PUBLISHED this day of , 1990. ATTEST: Kent R. Rose, Mayor Pamela A. Brandmeyer, Town Clerk 4