HomeMy WebLinkAbout2006- 9 Repealing and Reenacting Ordinance No. 2, Series 1997 Providing for Changes to SDD No. 34, Flaum-the Valley Phase V, that Concern the Increase in the Allowable GRFA for Employee Housing Units and Associated Garages within the DistrictORDINANCE N0.9
Series of 2006
AN ORDINANCE REPEALING AND REENACTING ORDINANCE N0.2,
SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT
DISTRICT N0.34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE
INCREASE IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA)
FOR EMPLOYEE HOUSING UNITS (EHUS) AND ASSOCIATED GARAGES WITHIN
THE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 9 of the Vail Town Code authorizes Special
Development Districts within the Town; and
WHEREAS, The Town Council approved Ordinance No. 2, Series of 1997
Special Development District No. 34, Flaum-The valley Phase V; and
WHEREAS, The owners of the three lots within the SDD have requested to
amend the existing Special Development District No. 34; and
WHEREAS, Section 12-9A-10 of the Vail Town Code provides
procedures for major amendments to existing Special Development Districts; and
WHEREAS, The applicant has complied with the requirements outlined in
Section 12-9A-10 of the Vail Town Code; and
WHEREAS, The Special Development District provides for creativity and
flexibility to allow for the development of land within the Town of Vail; and
WHEREAS, On March 27, 2006, the Planning and Environmental
Commission held a public hearing on the major amendment proposal and has
recommended that certain changes be made to Special Development District No.
34, Flaum-The Valley Phase V; and
WHEREAS, The Town Council considers that it is reasonable, appropriate,
and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and
re-enact Ordinance No. 2, Series of 1997 to provide for certain changes in Special
Development District No. 34, Flaum-The Valley Phase V.
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1
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: Ordinance No. 2, Series of 1997 is hereby
repealed and re-enacted to read as follows:
SECTION 1
The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Town
Code have been fulfilled, and the Vail Town Council has received the report of the
Planning and Environmental Commission recommending approval, of the proposed
development plan for Special Development District No. 34.
SECTION 2
Special Development District No. 34 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 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
Special Development District No. 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".
SECTION 4
The Town Council finds that the development plan for SDD No. 34 meets each of the
standards set forth in Article 12-9A, Special Development District, Vail Town Code. In
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accordance with Article 12-9A, Special Development Districts, Vail Town Code, 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 Code.
SECTION 6
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 Development Plan is hereby approved by the Town Council. The
development standards for this SDD shall be those prescribed by the Residential Cluster
(RC) zone district unless specifically addressed herein. The following are the specific
development standards for SDD specifically addressed herein. The following are the
specific development standards for SDD no. 34:
Base Information
Underlying Zoning:
Lot area:
Development Standard
Number of Lots:
RC (Residential Cluster)
1.81 acres or 79,002 sq. ft.
Maximum Allowance/Limitation
3 single family lots
3
Dwelling units: 3 dwelling units
Density:
Employee Housing Units (EHU)
Buildable Area:
Site Coverage:
GRFA:
Type II EHU GRFA: 850 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 II EHU.
Garage Area:
600 sq.ft. allowed per dwelling unit
(exclusive of the EHU)
EHU Garage Area: 1 enclosed parking space required per EHU
per lot, which must be deed restricted for
use by EHU only. Up to 400 sq. ft. garage
credit allowed per EHU per lot.
1.66 dwelling units/acre
1 Type II EHU per lot 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 development plan and
building envelopes.
25% of lot area (per lot)
2,933 sq. ft./dwelling unit
Setbacks: Per building envelopes delineated on
4
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.
Parking:
Exterior Lighting:
Building Height:
SECTION 7
Per Chapter 18.52 Off-street Parking
and Loading, Zoning Code
Per Chapter 18.54 Design Review
Guidelines, Zoning Code
30' for a flat roof, 33' for a sloping roof
SDD No. 34 is subject to the following additional conditions:
1. The development plan shall be that plan entitled "Flaum Residence,"
prepared by Pierce, Segerberg, & Associates, Architects, dated 11/11/96,
with the latest revision on 1/10197.
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 rockfall hazard which sha{I
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
5
developer must meet the requirements of Section 18.40.120 of the Municipal
Code 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. All 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 lots.
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 more than ten feet (10') nor more than one-half (1/2) the
distance between the building envelope and the property line, or may project
not more than 5 feet (5') rioi'~more than one-fourth (1/4) the minimum
required dimension between buildings."
9. One Employee Housing Unit (EHU, Type II) 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. Eight hundred
and fifty (850) sq. ft. of additional GRFA shall be allowed for the construction
of an EHU on each lot.
10. As mitigation for impacts to large trees on-site, 21 additional trees will 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 8' for
conifers and shall be provided at the time of construction 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 shall be reviewed pursuant to Section
12-9A-10, Amendment Procedure, Vail Town 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 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 for the health, safety and welfare of the Town of Vail and its
inhabitants thereof.
7
'i
SECTION 12.
The repeal or the repeal and reenactment of any provisions of 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of April, 2006 and a
public hearing for second reading of this Ordinance set for the 2"d day of May, 2006, at
~,, 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATT
~ ~ ~ i~
L rele~ Donaldson, Town
~O~N O F .~~
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rt _ SEA
.~oiociP~~
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Rodney E~Slifer, Mayor
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 2"d day of May, 200 ~ ~
Rodney E. Slifer, Nfayor
~ ~N OF V
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~C9felei,t5onaldsd'n, Town Clerk ~ ~ SEAL
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1597
'ROOF OF PUBLICATION
TATE OF COLORADO }
} SS.
'OY OF EAGLE }
Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same
oily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and
rs a general circulation therein; that said newspaper has been published continuously and
interruptedly in said County of Eagle for a period of more than Fifty-two consecutive weeks next prior
t the first publication of the annexed legal notice or advertisement and that said newspaper has
ublished the requested legal notice and advertisement as requested.
he Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under
'olorado's Home Rule provision.
hat the annexed legal notice or advertisement was published in the regular and entire issue of every
umber of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of
sad notice was in the issue of said newspaper dated April 22 A.D. 2006 and that the last publication of
aid notice was in the issue of said newspaper dated Apri122 A.D. 2006.
) witness whereof has here unto set my hand this 28th day April, 2006. II~
,'9 >~'
Pu~Sh~/Gen/Editor
ubscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this
lb of April 2006. '~
~.,,
Pamela Joan Schultz 0
Notary Public
My Commission expires: November 1, 2007
QRD)NANCkNO.i _...,..._.
e.rru of sooe
Chepta e a the vex Town CoW~w1hw17Ac ~..Bpeclal'WwbPrnent DMdae lest
rm Town•COUndh p-Ppproyad „ , . taw 8, ean-a a 1661 BpbWe1 ~ , .. sm
fm avn~xa a ~ OViieaWiae yM11M die spaMrvaraam ~ , ilfrtrnd ale awing
Dlatrbt Na 34; arw
BeWOn f2r6A•10 a tm,vau Town Grout proYlMAr.Prooetluree tar myor Mretptrr
laf bawbpment aetrw,b: srM
me appHCard 1NIe oompuw lwfb N1s ~ oudlrpNl !n tleplbry r2-ayMO a t
Intl
rm 6peaal Dewlopmern nntrlM Prcd!1We b G!NdMW Imd flWMl4ty b allay br I
ins wim(n g~aTOwn a Vdli Md
On MarohQ7; 2086, tlb PbnMny and - ~~ , . aMN OommMiM9R'!h~ydp( a puNb hu
endmem .. r~. and has ~ 6N! oerYUn . MIlttMa to.Spedel
m Na 90, Fleum•TM Vepw Pnsw ~ ~ ~ .
NOW THEREFORE, BE IT OROAtNED BY'Q(E~7gWN C.OUNCdI c)F THE T041M pF VAIL, 1
RApb. THAT: ,.. No.2, BerMe 41 t987 u ttMlly r~ptaMS1, 4!14 flsnaotad W roed,Y boa
~el proCatluro prescribed in Title 12, Chapter 0 8edlbn t0(B) ~ tM Vail Town -0od
been NHIrW, and Me Vail Town Caundl hoe racelvetl im report a me IannMp and Emamn
CommlFalon raoomrnMding epp~aM ?r OMt .~ .. ,. ,, M . , , ~, " pbrl to $peWS1.OMUopm+
SbEbt N~a 94. ~ -
Bpeold Dwelopmanl DlNrict Nd. &rfe OO arMUnr s do ~.~ antl
en eras M e manner 1Mt veal Pe mrmonioW vAln Mte Peharat ~ d bb lawn, pmNde ad
open space, em~4~e houalnp, end prdna- the ob(echwe a pis Tbwn'p ZonMO adManoe. T
wlcpmMt b npartla ee oomplPngillbry tP1ha 7pHm Mq Tlritn Ct~u~ anrllM~PMnnhp aM
ronmMbt ~nNaebn, antl Mere aro elp~i6Faint a 6».epPaM~rwabpmbnt wHOP rwn
aetlHbtlMlrou gwFNnpoeleohagantla >canmtl tl+8.na..
s8 a ~ol P3 and ~ Nlii Vatby PltWais~v]~d alyU be Poh~rrW~maMM `SDD No. ~ a lentl com
dewkpms~m~ ppl~an Nx BDD No. 34 meeW each a bla stands
rmTilnnat VaH Town COW. M eocorWnOe Nid1 Artlde
ITarmCoW, 6M da ~.., ~ plan 10r BDb No.94 N epprovetl.
No. 34 b AeNderlglt! Gloater lNC), Tae uwa POOwsd M SDD
aabd on tiM pfarr and brave efiwretl by i0
wa.MpOh #ra,~br~m ero'mn. aaWd~a` bro Team arVe
sop speomcaly egdroeeaa nersM. TM 1dgMYrjirani tPe. eDgolpc . ~ 1 , ~ i~ ~. . ,~ au' of
a4: -
Date lnbrmatlon
Untlorying Zoning; RG (Re6ldenad Ciwtery
Lot eras: 1.81 scree w 70,002 tq. h,
Nu~mberd LOb~~ Nn 'u.t~.~~1N0YB00II
bwalllnp unlb: 3
Density: a.06 a/Mq/eCro. ..
~mployse Hcuehtg UnM$ (EHU) b
ya
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m
1 1ypP N EHU
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rerw E
rovlWtl prier
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to, or M con(uno6onvdtlr. Me
Ing laNf aabt
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on-site.
BuI1Wda Area -
SiN Co
era Per appro~epde, ..,, pbn and huedng emwbpes.
((ppaer loft
2b96 of l
t
ge:
v
GRFA:
TYDe 11 EHU gRFA:
per o
aroa
2.039 eeqq R:/Owa(8np unit
ibb Obp ate tt dAowetl pBr Id fa d~ a an
'!y{76 U EMU aegrdwmeme. rrlannMO and
ronmental Com ralaalen ridew it red pe
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ee ~iremanta for
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EHU Darega Area: slbwaf per tlwa
Hnqq u~nn (oz
Ua
va a
s
6
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.
1 andoeed panrag grace rMUaed ~pM EHU par la,
must ba deetl reatdctW far We trI EHU omy.
BPa 000 s9,
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s fl.raga oreda eHOw~ad per EH per bt.
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Extedor Lighting: Per Chapter 18.64 Doeign Revlevr gUatglme. Zoning Cor
Bulltlar0 Height: 30' br a bal rca, 33' for s ebpinp roof
9ntltled `Ftaum RetMtnae,^ p M F
ash tM latest revision on lllg/87.
I.ourbelde ..',.r, sad dWttpatene MaOr
lea ae depla'led on the devNoOment plan.
6, Thie approval sfxll become vdtl it dre aortetyalon a at Maas om bt le 11a m . ~ , lYt6Xn
ysaro a the goal I a the SDD. 111e rMvsbper moat rmet Ole nql -~ a &
18.40.120 a the Aearl pal CoW a tl» Town a VaH.
8. The recreatlonal tmsnNee tax Aor mis d, ~ amU b0 etaewad ad OM rete Wretl T
ReahNntial CPU6ter (RC) ,tom tlltNat. ee Provl~W for hl Cmpbr 936 d tM. Twm a~ HAw
Co W.
7, AH retainingg voila on•aib Mail corlbrm b azlatinp coda roqulwmanb. pb rwMing was shall e
3' in the INaf 20' tronl die from properly 1 son tMee lob:
e. Ail .. ,,. .and ebnWrW oont4~in mie orcHmnw eibshell oe rrotad w the devel~mer
and lm tinel'•plat Tor Ihk dawbpmaM. 7'hge odes anWl Irrclutle Oro rtob rapgrtHr~g dH
pwrlt wlOUn builtlaro a ~.. ~ . MI fubro , ~., ,.. ~.. sell. W ~ ....,.~, b BiearWwatluM-tlu i
a na mars ttrn s tKit le) mr msro 1rMa:0lN-fbUr61 (trs) m
H(.1~n7ySpap 01 k roqufred. for ma entlre tlevelopmsM whaoh n
with, Ma BVOtlInp Permd for the third unit cansmrc~
Oed duel OflY (860) ap. fl. a eddObnal gfiFA' ae be ebowed
to trees on-sba, 21 atldltlonal trees wUl be ProWWd onatta
lall hew a minimum caaper a 9• br degduow tress or a m
provided at the arrre a conebuctlon on Indivbual lob,
~Ilr ~Q ere, (olndyy and aewratty agree wNh tlla blbwM~ rogWremam, when 4 a part a the
approval of the 6DD No. 34: All previous approvals antl tleyNOPmam pbm, inqudhlp IM Cou
proved PUD for the aub;ed Property. ve hereby nWl end vdd.
SEGIIQN-8
Amendments to the approved devNgtmem PIM shell be revlewstl punumt b Beclbn 12
I e~iry p~,eaaion, suheectlon, samenoe, dauae, or phrase a Mis ortlinwke it for any reason
be alvelitl, such decWon smll rklt sliest the validly of the remaining portlont d thM ordMance:
TavnCouncll hereby declares It would haw patwd mat oMlherrce, and aaM part, eecdan, tub
aernence, clause or phrase maraca, rogar0leee a Ole fact thtl ary one or moo pane, aectlorte,
tlorb, sentencaa, olsuesa, or Phroseebe deaarotl ImgIW.
a~."~"mmwr`r d 1a0'~ ~ maM r~m4it~o ~ p necesawy am
~vwwon nsr.uy...nan lan reww .ry arovalon or ary .. ~ ,. prevlouNy. rePaArorl or aeptrer
ad axpreasy ebtetl heroin.
INTRODUCED, READ ON FIRST READING, APPRWEQ AND ORDERED PUBLISHED O
FULL ON FIRST READING this ltlth tlay a Apnl, 2008.aIM a public hemMg for teaontl nadir
Ortlinence set br the 2rtd day a Ma% 2008, at Ot00pm.in t!b potalcH ChrMrre Of.PN 1Wi A
BuiMing, Vail, Cobrodo.
ATTEST: ~ Rad"eY E;>~kr~
LoreWl UOnnltl64n,'iown Gia~:.
PuNished In mo VeN Daily Aprii 22. 2006, 1325114PP(
~~ 1604
PROOF OF PUBLICATION
TATE OF COLORADO }
} SS.
COUNTY OF EAGLE }
I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and
has a general circulation therein; that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or advertisement and that said newspaper has
Published the requested legal notice and advertisement as requested.
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of
said notice was in the issue of said newspaper dated May 06 A.D. 2006 and that the last publication of
'"`~`"""5~1`Ct"OCttY~"W~"`fYC~~h~ issue of said newspaper dated May 06 A.D. 2006.
In witness whereof has here unto set my hand this 19th day May, 2006. ~.,1'
Publ' e en .~l M~„ a er/Editor
1~ ~ ~ "Lg
subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this
19th of May 2006.
Y
PAMELA J.
SCHULTZ
N9j~•••....••~
OF t~A~,
r;,, .
Pamela Joan Schul,~
Notary Public
My Commission expires: November 1, 2007
e ~~w
,~~A
rHar
FoR EM~.~
APIA st:rrn
WHEREAS.
a~
WHEREAS.
-~
WHEREAS,
Developmerti
wHEaeAS,`
fisting Specie
WHERfA3,
Town Cade; :
vuHEt~AS.
r :.ate
WHEREAS,
meat
WHEREAS,
and its citiz
vide for cecl[
NOW, THF#
DO, TIiAT: t~