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HomeMy WebLinkAbout1997- 6 Repealing and reenacting Ordinance No. 17, Series 1993, Amending SDD No. 29 (The Valley, Place II) • ~ ~ • r" ORDINANCE NO. 6 Series of 1997 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17, SERIES OF 1993; AN ORDINANCE AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 29 [THE VALLEY, PHASE I1~ AND PROVIDING FOR A DEVELOPMENT PLAN AND ITS CONTENTS; PERMITTED, CONDITIONAL AND ACCESSORY USES; DEVELOPMENT STANDARDS, RECREATION AMENITIES TAX, AND OTHER SPECIAL PROVISIONS; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special Development Districts within the Town in order #o encourage flexibility in the development of land; and WHEREAS, an application has been made for the amendment of Special Development District (SDD) No. 29 for a certain parcel of property within the Town known as The Valley, Phase II, a part of Parcel A, Lion's Ridge Subdivision Filing No. 2; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission, on February 10, 1997 held a public hearing on the amended 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 beneficial to the Town and its citizens, inhabitants, and visitors to amend SDD No. 29; and WHEREAS, application has been made to the Town of Vail to modify and amend certain sections of Special Development District No. 29, which relate to Tract A (Upper Development), and which make certain changes in the development plan for Special Developmen# District No. 29 as they specifically relate toTract A; 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BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 17, Series of 1993, is hereby repealed and reenacted, as follows: [Note: Text that is~~ is being deleted ar~d text that is shaded is being added.] Section 1. Amendment Procedures Fulfilled, Planning Commission Report. The Town Council finds that all the procedures set forth in Chapter 18.40 (Special Development Districts} of the Vail Municipal Code have been fulfilled, and the Town Council has received the 1 Ordinance No. 6, Series of 1897 ~ ~ ~! report of the Planning and Environmental Commission recommending approval of the major amendment of for SDD 29. Section 2. Purposes. Special Development District No. ~8 29 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental Commission, and there are sfgnificiant aspects of the special development which cannot be satisfied through the imposition of the standards of the Residential Cluster zone district, Section 3. Special Development District No. 2$ 29 Established Special Development District No. X829 (SDD No. X829) is established far the development an two parcels of land. Tract A (upper development area} consists of .88Q acres and Tract B-2 (lower development area) consists of 2.418 arcres. Section 4. Development Plan A. The development plan for SDD No. ~8~9 is approved and shall constitute the plan for development within the Special Development Distric#. The development plan is comprised of those plans submitted by Parlcwoad 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 Na. 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 Kaechlein 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, pro#atypical building sections and regrading for the upper development area (Tract A) by Randy Hodges dated July 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.) z Ordinance Alo. 6, Series a} 1997 • • ! 9. A drainage plan lay Range West, Inc. dated January 28, 1993. 10. Elevations of the seven single family homes to be constructed in the lower development area (Tract B-2), (Sheet numbers 7, 9, 11, 13, 15, 17.} These sheets correspond to homes A,B,C,D,E, and F. 11. Floor plans and elevations of residence G, by Randy Hodges dated September 1, 1993 sheet numbers 1, G2, G2a, and G3. This home is to be constructed in the lower development area (Tract B-2}, and shall include a Type III employee housing unit, having 534 square feet. Prior to issuance of a building permit for Residence G, the applicant shall sign a deed restriction on a form provided by the Community Development Department which shall conform to all requirements for a Type III employee housing unit, Section 1$.57.060. 12. Other general submittal documen#s that define the development standards of the Special Development District. 13. Topr~graphic-survey,. dated 1127197 identifying ttte p>+opo~ed building envelope for Tract A. 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 11, Site A is made up ofi .860 acres and site B-2 is made up of 2.418 acres. 2. Permitted Uses: a. Tract A 1. Single Family residential dwellings 2. Twa-family'residential dwelliri~s 3. Primarylsecondary resitlential;dwell~ings 4. Open Space 5. Public and private roads b. Tract B-2 1. Single family residential dwellings 2. Open space 3. 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 3 Ordinance No. 6, Series of 1997 • • c. Type !f EH~1, .located on Tract A 4. Accessary 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, or as provided for with the building envelopes. 6. Density: Approval of this development plan shall permit nine (9) ~e-~#~r~;il~r dwelling units, two (2) units located on Tract A and seven (7} s'irtgl~='famEly units loco#ed on Tract B-2. 7. Buildin H i t: Building height shall be 33 feet for a sloping roof. 8. Parkins: 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 11(E) of this ordinance. 10. Landscaninq: 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 on July 12, 1993. 11. Design Requirements: At time of DRB submittal, the applicant shall submit drawings that meet the following requirements: a. The buildings on Tracts A-1-crd .~ shall be "benched-in" into the hillside and stepped with the natural contours of the site. Site excavation should be no more than necessary to accommodate the proposed development. Extensive site grading to create a flat building site shall not be permitted. 4 Ordinance No. 6, Series of 4997 i • • 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. The Buildings on Tracts A-r-a;~~ shall be designed with the internal hazard mitigation recommended by Mr. Nick Lampiris in his hazard analysis dated September 18, 1992 {two le#ters) and .January 22, 1993. c. The Buildings an Tract A-~ shall be designed with aturn-around using the apron in front of the garage e.~ cl;v~~. The garage and apron may be located at any point along the southern edge of the envelope, The Fire 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 for 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 eaelfier~vele~e in the upper development area (Tract A) may be modifiied up to 50 square feet per unit as long as the total GRFA for each tract does not exceed the maximum of 13,623 (13,314 + 309) for the Power development area (Tract B-2) and 5993 (8,152 - 159) for the upper development area (Tract A). Lower development area (Tract 8-21: Base Floor Credit GRFA nurroi~ garage Area" aa:,ra~:," credit A. 1816 225 2041 ~-6 463 B. 1816 225 2041 46 493 C. 1845 225 2070 - 493 I~. 2148 225 2373 ~4 486 E. 1675 225 1900 g 492 F. 2157 225 2382 26 483 G. 1857+309"" 450 2816 46 459 total 13623 Unner development area !Tract Al: A 1. 322 33 - 3 .'2" ~5 3~0~ ggg A-z. 293^ '3 -- 2~'?}"= 2~ 3946 Egg fete) 5993 Tract A 5993 450 X443 X200 "' ~ I•,:; ~ra .ViHE~S-9Ei~HF~ftte~t :h ~ :;~i ~c"e2irt '~ ull~eYd~}B-~3y~-t}3c F; r,~ u~t 3~eVVf~i1'r'Fh~3 ~~ a,-rRr.--r"z'f t:i'i~ ~~f ©n~ ~~~~' >,,~ plor,~ ae~ey-d:, ~c: ;:seed tl;~ wli~~~~~,L. Floor areas may change by up to 50 square feet from those shown in the "base floor area" column as long as the Otdinanra Afo. 6, Series of 1997 • GRFA does net exceed the tots! shown for each tract. ""The additional 309 square feet is made up of 159 taken from the lower development area and 150 granted by the Town of Vail. T#:. arm"rtrt`••.rt1 .,....:gn e# [3uil--E3 laect~-i~; T,=~,:.# d ~-s~r~ll >r:, wed sc ti-,~t it i~ ~istia~irtl~. -'~:.r~ ~s-z~ JF S-~s ~`edbs Ef~f3. Tire rt"~cr 13uiI~i~F'~ehell r~vi:,~ tl :e y1/~~v V1}~rt4_~~rt w~ iIIIV J, tl~l Gi ~~114 'j[ ~~ ~~44VV~~ ~I~t = 1 ~P gf. Prior to excavation of ~a#~:,r I;u;l~-eiEe an Tract A, the applicant shall either document that all excavation will occur on-site or shall provide letters from adjacent property owners allowing the excavation to encroach. #. :.I F}, t'-e Ei,~e-~,~i~. E~isit:<~ #~the I tt :.°~ euee:MT~~ f :E p.. , t•: e€ t:~ic EEC, appl~c! t e`~~~ ~I+v CFr •rty~l~ ;: a:~ cr; i~:sc; rt ;e~ri~h eY~alt ~et+fy-future ~a~ers-~ef the rcF~r~~, dravv+~~ a:~d TE-~~~ ~ `~`~rl a~sro•:cd de~el•ap.~r~: ~ ~Ih+s p;.reei. The-F:.c#r;:.~teirel :a11-state the ~aafe .~-a~~' E ~-e€ TI :e ':-ai+ey~, rf~:.~ 1!, ~, r~.eat~+~-is~teF~-~{ Tr-aets >~~ E, c ~~t ;}. par~1, Li~:~':, I',ieige~~Sa>3di~~sn ~iliag Fk~. ~ `mss ~ee~-a~ps`ave~s:, ;r: E~eeiel-Be~reFaprF:c~;iet~; the Teams-~e# ~+~©r~i~ee-f~€e~'', E~riee ~,f 1E~`3. This, ap~r~a#-fcr T->r elates t;uild+t~g ;.n~,~wl~pa-}eeatic~;. a~-Feedf~4~e-n~e~• ~li~-~~ Th~:~ ~r~~J pi~~ ~:~.~ ~c ..a...., ..~. ~:; tre Tev:rt c#!,'-a~+; p:.. ChEptcr 9 E. ",3-t'}th~ 1,`e;l ft~iei~al-6ed~. ~~turc ,. ..~....'-' .3 ua~~d Jule ~, ~n~,-39.'~-rn~-iQ a-t~~. bS. I~_~.~~,.~.,:~ r..~....~~;ti~g ~rgir.,..-.. a..~..,~ ~.. ;:. ~-1-- ~33--or €il~ eb~ith th.. D4.~~~ ~t. ru:~tife-eVlft~G;'3 3h :Ulf .:.~$:: ~::i ~;GV"~tFe-~ns~ all ret~&ti ` `.i:~ i~e~;i:~:ta:~ I:ei EF:h iri tre Tarrot3 ef~cll ~~-ring-~i:.~~. r~ s~e~~a ~r'~-r~a~ez, ~.. r ~eettr~~ s+~c.". ; egtttret~re~:~ a; e ~ `~+;, it the Tara r c# ~'ai~l Gon7r„tFfti#~r--BeVe}epF'19e1~t Dc,~a.:...ot g. Prior to June '[, 1997, the. ~xi'st~r~g ~~e~wity ~l~c~ on Tract A m>rrst removed. h. The existing driveway cut for Tact A sFiall be shown nn tf~e final pta# ~s the only permitted access ,to the site. 12. Recreation Amenities Tax- The recreation amenities tax is $.30 per square foot. 6 Ord[nancs No. 6, Series of 1997 ~ i ! ' ' 13. Drainage Plan: Prior to issuance a# any building permits within this SDD, the applicant shall provide a drainage plan which meets the standards of the Town Engineer. Section 5. Amendments to the approved development plan which do not change its substance may be approved by the Planning and Environmental Commission at a regularly scheduled public hearing in accordance with the provisions of Section 1$.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. 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 shall recommend to the Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. Section 7. If any part, section, subsection, sen#ence, 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 8. The repeal or the repeal and reenactment of any provisions of the Vail Municipal Cade 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 ar 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 ar any ordinance previously repealed or superseded unless expressly stated herein. 7 Ortlinance No_ 6, Series of 1997 • ~ • INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 4th day of March, 1997. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 25th day of March, 1997 in the Municipal Building of the Town. rr ~- S Navas, Mayor Pro-Tem ATTEST, Q a~ ~~ Holly L. McCutcheon, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (iN FULL) (BY TITLE ONLY) TH15 -7s'~°` da f J`~a ~,~ , 1997. Robert W. Armour, Mayor ATTEST: ~~~~ Holly L. 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