HomeMy WebLinkAbout1993-17 Approving a Special Development District (Known as SDD No. 28, The Valley Phase II) and the Development Plan in Accordance with Chapter 18.40 of the Vail Municipal Code~~~`-
ORDINANCE NO. 17
Series of 1993
AN ORDINANCE APPROVING A SPECIAL DEVELOPMENT DISTRICT (KNOWN AS SDD
NO. 28, THE VALLEY, PHASE II) AND THE DEVELOPMENT PLAN IN ACCORDANCE
WITH CHAPTER 18.40 OF THE VAII_ MUNICIPAL CODE AND SETTING FORTH DETAILS
IN REGARD THERETO
WHEREAS, Chapter i8.4q of the Vaii Municipal Code authorizes Special Development
Districts within the Town; ar~d
WHEREAS, Parkwood Realty has submitted an application for a Special Development
approval for a certain parcel of property within the Town known as The Valley, Phase li, a part
of Parcel A, Iwion's Ridge Subdivision i=iking Na. 2 to be known as Special Development District
No. 28; and
WHEREAS, the establishment of the requested SDD 28 will insure unified and coordinated
development within the Town of Vail in a manner suitable for the area in which it is situated; and
WHEREAS, the Planning and Environmental Commission has recommended approval of
the proposed SDD; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and bens#icial
to the Town and its citizens, inhabitants, and visitors to establish such Special Development
District No. 28.
NOW, THEREFORE, BE IT ORDAINED SY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. Amendment Procedures Fulfilled, Planning Commission Rer~ort.
The approval procedures prescribed in Chapter 18.4Q of the Vail Municipal Code have been
fuffilled, and the Town Council has received the report of the Planning and Environmental
Commission recommending approval of the proposed development plan far SDD 28.
Section 2. Special Development District Nn. 28
Special Development District No. 28 (SDD No. 28) and the development plan therefore, are
hereby approved for the development of Phase II, The Valley, a part of parcel A, Lion's Ridge
Subdivision Filing No. 2, within the Town of Vail consisting of two areas. Tract A (upper
development area} consists of .560 acres and Tract B-2 (lower development area} consists of
2.418 acres.
Section 3. Purpose
Special Development District 28 is established to insure comprehensive development and use of
Qrdinance No. 17, Series of 1993
1 Second Reading
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an area that will be harmonious with the general character of the Town of Vail. The development
is regarded as complimentary to the Town by the Town Council and meets the design standards
as set forth in Section 18.40 of the Municipal Code. As stated in the staff memoranda dated July
12, 1993 and April 26, 1993, there are significant aspects of Special Development District 28
which are difficult to satisfy through the imposition of the standards of the Residential Cluster
zone district. SDD 28 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 and
scenic features of this site, building envelopes and driveway alignments will be established which
designate the areas upon the site in which development will occur. SDD 28 provides an
appropriate development plan that maintains the unique character of this site given the difficult
site constraints which musk be addressed in the overall design of the project.
Section 4. Development Plan
A. The development plan for SDD 2$ 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:
1. 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.
2. Structural engineering drawings by Ray T. Davis dated July 7, 1993.
3. Soils report for Tracts A-1 and A_2 by Koechlein Consulting Engineers dated June
21, 1993.
4. Site plan of the lower development area {Tract B-2) by Randy Hodges dated April
24, 1993, {Sheet number 1.}
5. Site plan for the upper development area {Tract A) by Randy Hodges dated
November 6, 1991, (Sheet number 4.}
6. Detailed analysis of the retaining walls, driveway, prototypical building sections and
regrading for the upper development area {Tract A) by Randy Hodges dated Juiy
12, 1992, {Two sheets, unnumbered.}
7. Hazard analysis letters by Nicholas Lampiris, Phd dated September 18, 1992 (two
letters) and January 22, 1993.
8. A landscape plan by Randy Hodges dated April 23, 1993, (Sheet number 2.)
9. A drainage plan by Range West, Inc. dated January 28, 1993.
Ordinance No. 17, Series of 1993
2 Secorsd Reading
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1 ~. Elevations of the seven single family homes to be constructed in the lower
development area (Tract B-2}, (Sheet numbers 7, 9, 11, t3, 15, 17.) 't"hes~ Sft~ets
cc~rresportd tCi harries ~:l~k~y~ruy FxkJd,-
~ i;, ~lapi' p~al~s and ~levatleins of ~es~drice G',by ~t~ndy H+~d~e~ ~atec~ Se~tetrmbet
1;:;: Other general submittal documents that define the development standards of the
Special Development District.
B. The development plan shall adhere to the following:
1. Acreage: The site is made up of two parcels: Tract A and B-2, The Valley, Phase
ll. Site A is made up of .$60 acres and site B-2 is made up of 2.418 acres.
2. Permitted Uses:
a. Single family residential dwellings
b. Open space
c. Public and private roads
3. Conditional Uses:
a. Public utility and public service uses
b. Bed and Breakfasts as further regulated by Section 18.58.310.
4. Accessory Uses:
a. Private greenhouses, toolsheds, playhouses, attached garages or carports,
swimming pools, patios, or recreation facilities customarily incidental to
single-family residential uses.
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 or conditional
uses, and necessary for the operation thereof;
5. Setbacks The setbacks shall be those shown on the site plans for Tract A and
Tract B-2.
Ordinance No. 17, Series of 1993
Second Reading
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6. Density: Approval of this development plan shall permit nine (9) single family
dwelling units, two units located on Tract A and seven units located on Tract B-2.
7. Building Height: Building height shall be 33 feet for a sloping roof.
8. 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.
9. GRFA: GRFA for Tracts A and B-2 shall conform to paragraph t 1(E) of this
ordinance.
11J. 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 an July 12, 1993.
11. Design Requirements: At time of DRB submittal, the applicant shall submit
drawings that meet the following requirements:
a. Buildings on Tracts A-1 and A-2 shall be "benched-in" into the hillside and
stepped with the natural contours of the site. Site excavation should be no
mare than necessary to accommodate the proposed development.
Extensive site grading to create a fiat 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.
b. Buildings on Tracts A-i and A-2 shall be designed with the internal hazard
mitigation recommended by Mr. Nick Lampiris in his hazard analysis dated
September 1 S, 1992 (two letters) and January 22, 1993.
c. Buildings on Tract A-2 shall be designed with aturn-around using the
apron in front of the garage on envelope A-2. The garage and apron may
be located at any point along the southern edge of the envelope. The 1=ire
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
Ordinance No. 1~, Series of 1493
L~ Second Reading
*C
fqr fire truck maneuvering.
d. The sad 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.
e. The GRFA of the proposal shall comply with the following chart. The
GRFA allocated for each residence in the lower development area (Tract
B-2) and each envelope in the upper development area {Tract A} may be
modified up to 54 square feet per unit as long as the total GRFA for each
tract does not exceed the maximum of 1~~t;~~ (~',,~i~',a~ 31i39~ for the lower
development area (Tract B-2} and 593 (6~;a2 ;~~'~~ far the upper
develapment area {Tract A}.
Lower davalooment area (Tract B-2~:
Base Floor
Area
A. 1816
E3, 1816
C. 1$45
D. 2148
E. 1675
F. 2157
G>i f 85~±3Q9~,".
tOT~I 1'31
Credit GRFA current garage
average* credit
225 2041 16 463
225 2041 16 493
225 2070 -- 493
225 2373 24 486
225 1900 0 492
225 2382 26 483
45~J ~i?1,G ~!4 459
Upper development area !Tract Al:
total 5t3~3
225 ~9
225 ~t~~6
600
600
* The drawings submitted at this time exaead the allowable by the amount shown in this column. At time of DRB
review, the applicant shall reduce the plans so they do not exceed the allowable. Floor areas may change by
up to 50 square fraet from those shown in the "base floor area" column as long as the GRFA does not exceed
the total shown for each tract.
#. The archi#ectural design of Building B located in Tract B-2 shall be
redesigned so that it is distinctly different from Buildings A or C as
determined by the l7flB. The architect for Building B shall revise the
drawings so that the roof lines, the entries, the materials and color are
distinctly different from either Building A or C.
g. Prior to excavation of either building site on Tract A, the applicant shall
either document that al! excavation will occur on-site or shall provide letters
from adjacent property owners allowing the excavation to encroach.
h. Prior to Town approval of the Single Family Subdivision far the lower
Ordinance No. i7, Series of t99S
5 Second Reading
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development area, the applicant shall dedicate public access easements
fior the common driveway as welt as the pedestrian access path.
Immediately fiafiowing the second reading of this SDD, applicant shall
record at the Eagle County Clerk and Recorder's Office an instrument
which shall notify future buyers of the reports, drawings and Town of Vail
approved development plans for this parcel. The restriction shall state that:
"Tracts A and B-2 of The Valley, Phase II, a resubdivision of Tracts
A and B, a part of parcel A, Lion's Ridge Subdivision Filing No. 2
has been approved as an Special Development District by the
Town of Vail, Ordinance No. 17, Series of 1993. This approval for
Tract A mandates building envelope location and roadldriveway
alignments. These approved plans may be amended only by the
Town of Vail, per Chapter 18.40 of the Vail Municipal Code. Future
owners should review engineering drawings by Ray T. Davis dated
July 7, 1993 and a soils study by Koechlein Consulting Engineers
dated June 21, 1993 on file with the Town of Vail Community
Development Department. Future owners should also be aware
that all retaining walls should meet the maximum height limits set
forth in the Town ofi Vaii Zoning Code. Proposed plans dated July
12, 1993, by Randy Hodges meeting such requirements are on file
in the Town of Vaii Community Development Department."
12. Recreation Amenities Tax: The recreation amenities tax is $.30 per square foot.
~ ~ Di'aihadePlan~ ',: Pr~ar,;t~, ~ss~anc~ of ~~y i~wlding p~rmft~ trrrthrrr.!~hi~_ ate, #~e
~applica~t',shall, }?(av~t~~:'a drapage:~ian which rreet;~;';~he ty~and~rd.s.af #t~:~ Tr~w~',
t"C~r~er
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 and 18.40.100. 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 District. They shaft recommend to the Town
Council that either the approval of the Special Development District be extended, that the
Ordinance Nc. 17, Serres of 1993
6 Second Reading
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approval of the Special Development District be revoked, or that the Special Development District
be amended.
Section 7.
If any part, section, subsection, sentence, clause ar 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, clauso or phrase thereof, regardless of the fact that any one
ar more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 8.
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 ar by virtue of the provision repealed ar 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.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING THIS 17th day of August, 1993, and a public hearing shall be held on this
ordinance on the 7th day of September, 1993 at 7:30 p.m. in the Council Chambers of the Vail
Municipal Building, Vail, Colorado.
~ i ST:
.b ~~,~.n
Holly . McCutcheon, Tawn Clerk
Margaret A. Osterfoss, Mayor
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED in full this 7th day of September, 1993.
Y ,~
(~t~, <
Margar A. Osterfoss, Mayor ~
5T:
.1~~,1.I..~~f - ~ ~ t~.1.~71 ~ It
Holly L, McCutcheon, Town Clerk
C:lOF1D93.17
Drdinance No. 17. Serios of 1993
Second ~Eeading
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