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Home My WebLink About1996-24 Providing for the Establishment of Special Development District No. 33, Red Sandstone; Adopting a Development Plan for SDD No. 33 in Accordance with Chapter 18.40 of the Vail Municipal Code i ~ ~ ORDINANCE N0.24 Series of 199b AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF SPECIAL DEVELOPMENT DISTRICT NO. 33, RED SANDSTONE; ADOPTING A DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0.33 IN ACCORDANCE WITH CHAPTER 18.40 OF THE VAIL MUMCIPAL CODE; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Chapter 1$.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, the applicants, the Upper Eagle Valley Water & Sanitation District, the Town of Vail, and the United States Forest Service, or the successors in interest, have submitted an application for the establishment of Special Development District (SDD} No. 33, for a certain parcel oi' property within the Town, Legally described in the attached Exhibits A and B, and commonly referred to as the Red Sandstone affordable housing development Special Development District No. 33; and WI IEREAS, the United States Forest Service, as the present owner of the property described on F;xhibit B, has consented to including its property in this Special Development District process conditioned upon Fnal approval becoming effective when the ownership of the land is transferred to the Town of Vail pursuant to the Land Ownership Adjustment Agreement WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, an October 28, 1996, held a public hearing an the establishment of an SDD, and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council considers that it is reasonable, appropriate, and benef cial to the Town and its citizens, inhabitants, and visitors to establish SDD No. 33; 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 VAIL, COLORADO, THAT: Qrdinnnce 24, Series of 7996 SECTION 1 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 satisf ed. SF.CI~ION 2 Special Development District No. 33 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town, provide adequate landscaping, open space, employee housing, and other amenities, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission. SUCTION 3 Special Development District No. 33 is established fox the development on a parcel of land comprising of 69,887.66 square feet more or less; Special Development District No. 33 and said 69,887,66 square feet may be referred to as "SDD No. 33". SF.,CTION 4 The Town Council finds that the development plan for SDD. No. 33 meets 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 fox SDD No. 33 is approved. The development plan is comprised of those plans submitted by Morter Architects, and consists of the following documents: Sheet No. A0.1, Morter Architects, dated September 25, 1996 (Site Plan). 2, Sheet No. L-1, Fieldscape, dated September 23, 1496 (Landscape Plan). 3. Sheet No. A2.1, Morter Architects, dated September 25, 1996 {Elevations-Building A}. 4. Sheet No. A2.2, Morter Architects, dated September 25, 1996 (Elevations-Buildings B and C). 5. Sheet No. A2.3, .Morter Architects, dated September 25, 1996 (Elevations-Building D). G. Sheei No. A 1.1, Morter Architects, dated September 25, 1995 (Floor Flan-Building A). 7. Sheet No. A1.2, Morter Architects, dated September 25, 1996 (Floor Plan-Buildings B and C). 8. Sheet No. A1.3, Morter Architects, dated September 25, 1996 {Floor Plan-Building D}. 9. Sheets Na. C 1 and C2, Engineering Design Vi~orlcs, dated November 11, 1996, (Engineering Drawings), Ordinance 24, 2 Series of 1986 ,- l0. 4tber general submittal documents that define the development standards of the Special Development District. SECTI(}N 5 In addition to the Approved Development Plan described in Section 4 above, the fallowing development standards have been submitted to the Planning and Environmental Commission for its consideration and recommendation and are hereby approved by the Town Council; these standards are incorporated in the Approved Development Plan to protect the integrity of the development of SDD No. 33; the following are the development standards far SDD No. 33; A. Lot Area -The lot area shall consist of approximately 69,$87.66 square feet. Presently 52,b20 square feet is currently owned by the Water District, 17,267 square feet is owned by the Forest Service and subject to the Land Ownership Adjustment Agreement. B. Setbacks -The required setbacks shall be 20' for each setback, per Medium Density Multi-Family (MDMI~) zoning standards and as indicated on the approved development plan. C. Height -The maximum height of the development shall not exceed 35 feet per MDMI~ zoning standards and as indicated on the approved development plan.. D. Density Control -The maximum development of the site shall not exceed 16,275 square feet of GRF'A and/or seventeen dwelling units. This f gore is the maximum GRFA and dwelling units to he allowed on the lot. E. Site Coverage -The maximum site coverage far this Special Development District shall not exceed 12,029 square feet, or i 7% of the lot area, as indicated on Approved Development Plans. F. La~idscaping -The minimum landscaped area for this Special Development District shall not he less than 36,450 square feet, or 52% of the lot area, as indicated on the Approved Development Plans. G. Stream Setback -The minimum stream setback for this Special Development District shall not be less than 3Q feet from the center of Red Sandstone Creek, as indicated on the Approved Development Plans. SECTION f; The developer, jointly and severally, agrees with the following requirements, which are a part of the Town's approval of the establishment of this SDD No. 33: Ordinance 24, 3 Series of 7996 v A. Prior to issuance of building permits for any structure on the property, the applicant shall document how the overhead utility lines will be removed. The two poles on-site will be eliminated and the applicant will work with Holy Crass electric to determine how the existing service will terminate on the Sandstone Park site. 13. Prior to recording the condominium map, the applicant shall provide the fallowing easements on the map, which will take effect immediately upon recording at the Eagle County Clerk and Retarder: i) A public access easement for the Brooktree/Sandstone park. residents; 2) A public access easement for the portion of Red Sandstone roadway which crosses the subject property; and 3) A drainage easement for the storm drain crossing the site. 4) A public access easement across the property described in Exhibit A to serve future development in conformance with this approval located on the property described in Exhibit B. C. `f lie final condominium znap shall abandon all interior lot lines of the property. D. friar to first reading, the applicant shall add 4 additional spruce and 5 additional shrubs to the landscape plan, locating the additional plant material immediately south from the largest group of landscaping, located adjacent to the Red Sandstone Road right-of--way. SECTION 7 This approval shall take effect immediately as it pertains to the land described in Exhibit A and, as to that land described in Exhibit B, this approval shall became effective upon the transfer of title from the United States Forest Service to the Town of Vail. SECTION 8 Amendments to the approved development plan shall be reviewed pursuant to Section 18.40.100 of the Vail Municipal Cade. SECTION 9 The developer must begin construction of the Special Development District within three (3) years from the time of its final approval, and continue diligently toward completion of the project. The developer zxzust meet the requirements of Section 18.40.120 of the Municipal Code of the Town of Vail. Qrdinanca 24, L~ Series of 1996 SECTION 10 Tl~ any part, section, 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 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 11 The Town Council hereby finds, determines and declares that this ordinance is necessary and proper Jar the health, safety and welfare of the Town of Vail and its inhabitants thereoL SECTION I2 'T'he repeal ar the repeal and reenactment of any provision 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, nar any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. '1'hc repeal of any provision hereby shall not revive any provisions or any ardinance previously repealed or superseded unless stated herein. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ~a~4t,, day of November, 1996, and a public hearing far second reading of this Ordinance on the 1h~k_day of December, 1996, in the Council Chambers of the Vail Municipal Buil 'ng, Vail, Colorado. ~~ ~~«~ Robe W. Armour, Mayor >r rr~~~n~.. Ho1Iy L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED TN Ti't7LL this / Nh. day of ,~ 1(~z~S1996. ~ est:~ ,l z~ ~Q~ Holly L_ McCutcheon., Town Clerk i Robert W. Armour, Mayax Ordinance 24, 5 Serias of f995 r Exhibit A A PARC:EL OF LAND WHICH IS PART OF BLOCK "D" OF THE LION'S RIDGE SUBDIVISION, EAGLE COUNTY, COLORADO, SITUATED IN SECTION 1, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS I'OLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL, WHICH CORNER IS COINCIDENT WITH THE NORTHEAST CORNER OF THE SO[_JTI4EAST 114 OF THE SOUTHEAST 1/4 OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE 81 WEST', 6TH PRINCIPAL MERIDIAN, THENCE SOUTH OD DEGREES D4 MINUTES 45 SECONDS WEST 84.35 FEET, THENCE SOUTH 18 DEGREES 26 MINUTES 14 SECONDS WEST 86.06 FEET, THENCE SOUTH 85 DEGREES 24 MINUTES I 1 SECONDS WEST 153.30 FEET, THENCE NORTH 22 DEGREES 16 MINUTES 35 SECONDS EAST 35.97 FEET, THENCE NORTH 04 DEGREES O1 MINUTES 23 SECONDS WEST 79.80 t~E~;TTHENCE NORTH 22 DEGREES 33 MINLrTES DO SECONDS WEST 62.68 FEET, THENCE NORTH 87 DEGREES 48 MINUTES 35 SECONDS EAST 196.28 FEET TO THE POINT OF BEGINNING. AND A PARCEL OF I1AND IN BLOCK D, LION'S RIDGE SUBDIVISION, COUNTY OF EAGLE, STA'T'E OI~' COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER {SE 114 SE 1/4) OF SECTION 1, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS NORTH 33 DEGREES 38 MINUTES 59 SECONDS EAST 207.88 FEES'; THENCE SOUTH $5 DEGREES 24 MINUTES 11 SECONDS WEST' 65.15 FEET; THENCE SOUTH 22 DEGREES 16 MINUTES 35 SECONDS WEST 61.37 FEET; THENCE SOUTH 26 DEGREES 44 MINUTES 34 SECONDS EAST 93.63 FEET; THENCE SOUTH 11 DEGREES 27 MINUTES 55 SECONDS WEST 129.64 FEET; THENCE SOUTH 57 DEGREES 33 MINUTES 16 SECONDS EAST .90 FEET THENCE NORTH 17 DEGREES 00 MINUTES 49 SECONDS .EAST 51.99 FEET; THENCE SOUTH 16 DEGREES 58 MINUTES 11 SECONDS EAST 87.50 FEET; THENCE NORTH 07 DEGREES 19 MINUTES 29 SECONDS EAST 86.95 FEET; T'I-IENCE NORTH 27 DEGREES 19 MINUTES 49 SECONDS EAST 190.91 FEET; THENCE NORTH 18 DEGREES 26 MINUTES 14 SECONDS EAST 61.52 FEET; THENCE SOUTH 85 DEGREES 24 MINUTES 11 SECONDS WEST 88.15 FEET TO THE POINT OF BEGINNING. Ordinance 24, 6 Series of 1996 • ~ ~ Exhibit B A PARCEL OF LAND WITHIN THE NE I/4 SE I/4 SECTION 1, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE SIXTH PRINCIPAL IvIERIDIAN, EAGLE COUNTY, COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOtTHERLY LINE OF SAID NE 1/4 SE 114 SECTION I, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF BLOCK D, LION'S RIDGE SUBDIVISION, ACCORDING TO THE MAP T1~EREOF RECORDED IN BOOK 215 AT PAGE 648 IN THE OFFICE OIL' THE EAGLE COUNTY, COLORADO, CLERK AND RECORDER; THENCE, DEPARTING SAID SOUTHERLY LINE, N22°33'00"W 84.13 FEET; THENCE N49°45'28" E 55.05 FEET; THENCE 53.85 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, LAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 15°25'35" AND A CHORD THAT BEARS N57°2$'16" E 53.69 FEET; THENCE 41.90 FEET ALONG THE ARC OF A CURVE TO 'THE RIGHT, HAVING A RADIUS OF 27.00 FEET, A CENTRAL ANGLE OF 88 ° 54'26", AND A CHORD THAT BEARS S70°21'44" E 37.82 FEET; TI-IENCE S25°54'31" E 137.47 FEET TO THE SAID SOUTHERLY LINE OI'' THE NE 1/4 SE 1i4 SECTION 1, SAID LINE ALSO BEING THE NORTHERLY LINE OF SAID BLOCK D; THENCE, ALONG SAID LINE, S87°48'35'" W 150.82 FEET TO THE POINT dF BEGINNING, CONTAINING 0.3964 ACRES, MORE OR LESS. THE I3I~.ARINGS OF THE ABOVE DESCRIBED PARCEL ARE BASED ON A BEARING OF N87°48'35"I3 ON THE SOUTHERLY LINE OF THE NE 1i4 SE lJ4 SECTION 1, TSS, R81W, PER THE PLAT OF LION'S RIDGE SUBDIVISION. Ordinance 24, 7 Series of 1996 • ~y5.........: w J71;~ ~ 'Ot,~,~ o~ ~ ~ o • ~ DMZ .~: x ~; ~ 0,9 . ,~p•... 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