HomeMy WebLinkAbout1997- 2 Creating Special Development District No. 34 in Accordance with Chapter 18.40 of the Vail Municipal Codee
ORDINANCE NO. 2
Series of 1997
AN ORDINANCE CREATING SPECIAL DEVELOPMENT DISTRICT NO. 34 IN ACCORDANCE
WITH CHAPTER 18.40 OF THE TOWN OF VAIL MUNICIPAL CODE; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Lots 3 and 4 of The Valley, Phase V, were platted and approved as a
Planned Unit Development {PUD) by Eagle County on October 29, 1980; and
WHEREAS, the development plan for the Eagle County approved PUD allowed one
duplex (2 dwelling units) to be constructed on each lot, with a maximum Grass Residential Floor
Area of 2,200 sq. ft. per dwelling unit (8,800 sq. ft. combined total of Lots 3 and 4); and
WHEREAS, Lots 3 and 4 of The Valley, Phase V, were annexed to the Town of Vail
effective December 31, 1980; and
WHEREAS, Ordinance No. 13, Series of 1981, accepted and approved the Eagle
County approved PUD for the subject property; and
WHEREAS, the Town of Vail has determined that the establishment of a Special
Development District is the appropriate process to amend the Eagle County approved PUD and
development plan; and
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, the owners of the subject property, Jim and Ronna Flaum, or their
successors in interest, have submitted an application for the establishment of Special
Development District (SDD} No. 34, far a certain parcel of property within the Town, legally
described as Lots 3 and 4, The Valley, Phase V; and
WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental
Commission, on January 13, 1997, held a public hearing on the establishment of a SDD, and
has unanimously recommended approval #o 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, appropria#e, and
beneficial to the Town and its citizens, inhabitants, and visitors to establish 5DD No. 34; and
WHEREAS, the Town Councii has held a public hearing as required by Chapter 18.66 of
the Municipal Code of the Town of Vail.
Qrdinance No. 2 ,Series of 199T Page 1 of 6
NOW, THEREFORE, BE iT ORDAINED BY THE TOWN COUNCIL OF THE TOWN Oi;'
VAIL, COLORADO, THAT:
SECTION 1
The Town Council finds that all the procedures set forth for Special Developmen#
Districts in Chapter 18.4q of the Municipal Cade of the Town of Vaii have been #ully satisfied.
SECTION 2
Special Development District No. 34 is established to ensure comprehensive
development and use of an area in a manner that wih be harmonious with the general character
of the Town, provide adequate open space, employee housing, 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, and there are significant
aspects of the special development which cannot be satisfied through the imposition of
standard zoning on the area.
SECTION 3
Speciaf Development District Na. 34 is established for the development on a parcel of
land comprising 1.81 acres (Lots 3 and 4, The Valley Phase V) and shall be referred to as "SDD
No. 34"
5ECT1ON 4
The Town Council finds that the development plan for SDD. No. 34 meets each of the
standards set forth in Section 18.40.080 of the Municipal Cade of the Town of Vail, except "l."
which is not applicable. In accordance with Section 18.40.040, the development plan for SDD
No. 34 is approved.
SECTION 5
The zone district underlying SDD No. 34 is Residential Cluster {RC}. The uses allowed in SDD
No. 34 shall be limited to those uses indicated on the development plan and those uses allowed
by right, and those uses allowed by conditional use, which are set forth in said zone district of
the Town of Vail Zoning Cvde.
SECTION fi
In addition to the Approved Development Plan described herein in Section 7, the
following development standards have been submitted to the Planning and Environmental
Commission for its consideration, and the Planning & Environmental Commission has
forwarded its recommendation of conditional approval to the Town Council, and the
ordinance No. 2 , Series of 1997 Page 2 of 6
4
Development Plan is hereby approved by the Town Gauncil. The development standards for
this 5DD shat! be those prescribed by the Residential Gluster (RC) zone district unless
specifically addressed herein. The following are the specific deveEopment standards for SDD
Na. 34:
{:3ase Information
Underlying Zoning:
Lot area:
Development Standard
Number of Lots:
Dwelling Units:
RC (Residential Cluster)
1.81 acres or 79,02 sq. ft.
Maximum AIlowancelLimitation
Density:
Employee Housing Units (EHU):
Buildable Area:
Site Coverage:
GRFA:
Type II EHU GRFA:
Garage Area:
EHU Garage Area:
Setbacks:
Parking:
Exterior Lighting:
Building Haight:
SECTIQN 7
3 single-family lots
3 dwelling units
1.66 dwelling unitslacre
1 Type II EHU per Eot allowed. One Employee Housing Unit is required
for the entire development which must be provided prior to, or in
conjunction with, the Building Permit for the third dwelling unit
constructed on-site.
Per approved developmen# plan and building envelopes
25°to of lot area (per tot)
2,933 sq. ft.ldwelling unit
500 sq. ft. allowed per lot for development of an EHU, per Type II EHU
requirements. Planning and Environmental Commission review is
required per conditional use requirements for Type it EHU.
600 sq. ft. allowed per dwelling unit (exclusive of the EHUs)
1 enclosed parking space required per EHU per lot, which must be
deed restricted for use by EHU only. Up to 300 sq. ft. garage credit
allowed per EHU per lat.
Per building envelopes delineated on development plan. No GRFA is
permitted within 20' of the front property line. Garage area is allowed
within 20' from the front property line within the established building
envelopes.
Per Chapter 18.52 off-street Parking and Loading, Zoning Code
F'er Chapter 18.54 Design Review Guidelines, Zoning Code
30' for a flak roof, 33' for a sloping roof
SDD No. 34 is subject to the following additional conditions:
1. The deveEopment plan shall be that plan entitled "Flaum Residence," prepared by
Pierce, Segerberg & Associates, Architects, dated 11111/96, with the latest
revision on 1110197.
Page 3 of 6
2. Trash collection shall be typical residential curbside collection and dumpsters
shall not be permitted on these lots or in the adjacent right-of-way.
3: This site shall be limited to one curbcut for all three lots as depicted on the
development plan. The entire curbcut shall be developed upon initial
construction on any of these three lots.
4. The applicant shall submit a mitigation plan for the rockfalf hazard which shall be
reviewed and approved by the applicant's geologist prior to Design Review
Board approval for construction of homes on these lots.
5. This approval shall become void if the construction of at least one lot is not
commenced within three years of the final approval of the SDD. The developer
must meet the requirements of Section 18,40.120 of the Municipal Cade of the
Town of Vail.
6. The recreational amenities tax for this development shall be assessed at the rate
required for the Residential Cluster (RC} zone district, as provided for in Chapter
3.36 of the Town of Vail Municipal Code.
7. Al] retaining walls on-site shall conform to existing code requirements. No
retaining wall shall exceed 3' in the first 20' from the front property line on these
Tots.
8. All development standards contained in this ordinance site shall be noted on the
development plan and the final plat for this development. Those notes shall
include the following note regarding development within building envelopes:
"All future development will be restricted to the area within the platted building
envelopes. The only development permitted outside the platted building
envelopes shall be landscaping, driveways and retaining walls associated with
driveway construction. At-grade patios (those within 5' of existing or finished
grade} will be permitted to project beyond the building envelopes not mare than
ten feet (10') nor more than one-half ('/2) the. distance between the building
envelope and the property line, or may project not more than five feet (5') nor
more than one-fourth ('/4) the minimum required dimension between buildings."
9. One Employee Housing Unit (EHU, Type ll) is required for the entire
development which must be provided prior to, or in conjunction with, the Building
Permit far the third dwelling unit constructed on-site. Five hundred (500) sq. ft.
Ordinance No. 2 ,Series of 1597 Page 4 of 6
! i
of additional GRFA shat! be aT~owed for the construction of an EHU on each lot.
1 p. As mitiga#ian for impacts to large trees on-site, 21 additional trees wil! be
provided on-site (7 additional trees per lot). These trees shall have a minimum
caliper of 3" for deciduous trees or a minimum height of $' for conifers and shall
be provided at the time of cons#ruction on individual lots.
SECTION 8
The owners, jointly and severally, agree with the following requirement, which is a part
of the Town's approval of the SDD No. 34: All previous approvals and development plans,
including the County Approved PUD for the subject property, are hereby null and void.
SECTION 9
Amendments to the approved development plan steal! be reviewed pursuant to Section
18.40.100 of the Vaii Municipa! Code.
SECTION 10
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
#his ordinance; and the Town Counci! hereby declares it would have passed this ordinance, and
each part, see#ion, subsection, sentence,.c{ause 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 for the health, safety and welfare of the Town of Vail and its inhabitants
thereof.
SECTION 12
The repeal or the repeal and reenactment of any provision of the Vai{ Municipal Coda as
provided in this nrdinance 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 provisions or
any ordinance previously repealed or superseded unless stated herein.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE iN FUt_l., this 4th day of February, 1997. A public hearing on this ordinance shall tae
Qrdinance No. 2 ,Series of 9997 Page 5 of 6
~ ~ i
held a# the regular meeting of the Town Counal of the Town of Vail, Colarada, on the 18th day
of February, 1997, in the Municipal Building of the Town.
w
Ro ert W. Armour, Mayor
ATTEST:
Holly cGutcheon, Tawn Gferlc
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED {IN FULL) BY TITLE ONLY) THIS .,~~ DAY OP , 1997.
r ~,
Robert W. Armour, Mayvr
ATTEST;
l
r~~
Holly McCutcheon, Tawn Clerk
Page S of 6
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