HomeMy WebLinkAbout2011-27 Repealing and Reestablishing Special Development District No.22 Grand Traverse, to allow the employee housing requirements of the Special Development Districe to be met off site through employee housing unit deed restriction exchange programORDINANCE NO. 27
Series of 2011
AN ORDINANCE REPEALING AND RE- ESTABLISHING SPECIAL DEVELOPMENT
DISTRICT NO. 22, GRAND TRAVERSE, PURSUANT TO SECTION 12- 9A -10,
AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW THE EMPLOYEE
HOUSING REQUIREMENTS OF THE SPECIAL DEVELOPMENT DISTRICT TO BE
MET OFF -SITE THROUGH THE PROVISIONS OF SECTION 12 -13 -5, EMPLOYEE
HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE,
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter ");
WHEREAS, the members of the Vail Town Council of the Town (the "Council ")
have been duly elected and qualified;
WHEREAS, the Planning and Environmental Commission (the "PEC ") of the
Town of Vail has held public hearings on the proposed amendments in accordance with
the provisions of the Vail Town Code;
WHEREAS, the PEC recommended approval of these amendments at its
December 12, 2011, public hearing, and has submitted its recommendation to the Vail
Town Council;
WHEREAS, Ordinance No. 23, Series of 1988, established Special Development
District No. 22 (the "District "), for the following purpose (in part):
"...there are significant aspects of Special Development 22 which are difficult to
satisfy through the imposition of the standards of the Primary/Secondary zone
district. SDD 22 allows for greater flexibility in the development of the land than
would be possible under the current zoning of the property. The smaller single
family lots provide the opportunity for a common open space for the subdivision
as well as to preserve the southerly ridge line of the property. SDD 22 provides
an appropriate development plan to preserve the visual quality of the site from
within the subdivision as well as adjacent properties and the community in
general. ";
WHEREAS, Ordinance No. 13, Series of 1990, amended the District concerning
lot size and corresponding gross residential floor area (GRFA), curb cuts, employee
dwelling units, and architectural guidelines. Section 5 of that ordinance included the
following condition of approval:
"G. The development of Special Development District No 22 will have impacts on
Ordinance No. 27, Series 2011 Page 1
the available employee housing within the Upper Eagle Valley Area. In order to
help meet this additional employee housing need, the developer of Special
Development No. 22 shall provide employee housing on site. The following
restrictions shall apply to all employee housing units within SDD No. 22:
The developer shall build a minimum of six employee dwelling units within the
subdivision... ";
WHEREAS, the provisions of the District were subsequently amended as follows:
• Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and
corresponding development standards, and architecture guidelines.
• Ordinance No. 10, Series of 1991, concerning lot size and corresponding
gross residential floor area (GRFA) and employee dwelling units and
architectural guidelines.
• Ordinance No. 32, Series of 1991, providing typographical and wording
corrections.
• Ordinance No. 25, Series of 2005, concerning the elimination of gross
residential floor area (GRFA) limitations within the district and the number of
lots.
• January 21, 2008, administratively approved minor amendment modifying the
allowable roofing types (i.e. prohibiting wood shakes);
WHEREAS, at the time of this ordinance, the six (6) required on -site employee
housing units of the District have been constructed at the following addresses: Lot 1,
1402 Moraine Drive; Lot 5, 1410 Moraine Drive; Lot 10, 1420 Moraine Drive; Lot 13,
1426 Moraine Drive; Lot 18, 1700 Lions Ridge Loop; and Lot 24, 1403 Moraine Drive;
WHEREAS Ordinance No. 31, Series of 2008, established an employee housing
deed - restriction exchange program for the following purpose:
"The purpose of this Section is to provide occupied livable, affordable employee
housing units within the Town of Vail through the establishment of an employee
housing unit deed restriction exchange program. The exchange program allows
for the release of a deed restriction from an existing employee housing unit in
exchange for the conveyance of a free market dwelling unit to the Town of Vail to
be deed restricted. ";
WHEREAS Ordinance No. 10, Series of 2011, amended the employee housing
deed - restriction exchange program for the following purpose:
"The purpose of this Section is to provide occupied livable, affordable employee
Ordinance No. 27, Series 2011 Page 2
housing units within the Town of Vail through the establishment of an employee
housing unit deed restriction exchange program. The exchange program allows
the Town Council to release a deed restriction from an existing employee
housing unit in exchange for the placement of an employee housing deed
restriction on another dwelling unit and/ or a fee -in -lieu payment made to the
Town of Vail. ";
WHEREAS, the purpose of this ordinance is to amend the District to allow the
employee housing requirements of the district to be met within the district, off -site, or a
combination thereof;
WHEREAS, the purpose of this ordinance is to amend the District to allow
employee housing units to be exchanged in accordance with the procedures outlined in
Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail
Town Code;
WHERAS, the purpose of this ordinance is to "clean -up" the unclear, outdated,
and inconsistent provisions of the District;
WHEREAS, based upon the review of the evidence and testimony presented, the
Vail Town Council finds that the proposed amend to the District, complies with the nine
design criteria outlined in Section 12 -9A -8 of the Vail Town Code;
WHEREAS, based upon the review of the evidence and testimony presented, the
Vail Town Council finds that the applicant has demonstrated to the satisfaction of the
Council that any adverse effects of the requested deviations from the development
standards of the underlying zoning are outweighed by the public benefits provided;
and,
WHEREAS, based upon the review of the evidence and testimony presented,
the Vail Town Council finds that the request is consistent with the development goals
and objectives of the Town of Vail Comprehensive Master Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT: Special Development District No. 22, Grand
Traverse, is hereby repealed and re- established to read as follows:
SECTION 1. AMENDMENT PROCEDURES FULFILLED, PLANNING AND
ENVIRONMENTAL COMMISSION REPORT
The approval procedure prescribed in Section 12- 9A -10, Amendment
Procedures, 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. 22.
Ordinance No. 27, Series 2011 Page 3
SECTION 2. SPECIAL DEVELOPMENT DISTRICT NO. 22
Special Development District No. 22 (SDD 22) and the development plan
therefore, are hereby approved for the development of Lots 1 through 19, Block
2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69
acres.
SECTION 3. PURPOSE
Special Development District No. 22 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 meets each of the design standards and
criteria as set forth in Section 12 -9A -8 of the Vail Town Code. There are
significant aspects of Special Development District No. 22 that are difficult to
satisfy through the imposition of the standards of the underlying Two - Family
Primary/Secondary Residential District. Special Development District No. 22
allows for greater flexibility in the development of the land than would be possible
under the current zoning of the property. The smaller single - family lots provide
the opportunity for a common open space for the subdivision as well as the
means to preserve the southerly ridge line of the property. Special Development
District No. 22 provides an appropriate development plan to preserve the visual
quality of the site from within the subdivision as well as adjacent properties in the
community in general.
SECTION 4. DEVELOPMENT PLAN
A. The development plan for SDD 22 is approved and shall constitute the plan for
development within the Special Development District. The development plan is
comprised of those plans submitted by Dauphinais - Moseley Construction and
consists of the following documents:
1. Site development plan, Lionsridge Resubdivision of Lots 1 -19, Vail,
Colorado, Intermountain Engineering, dated July 7, 1998.
2. Conceptual landscape plan, Intermountain Engineering, dated July 7,
1998.
3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of
Lots 1 -19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail,
County of Eagle, State of Colorado, sheets 1 and 2, Intermountain
Engineering Limited, dated April 19, 1989, Amended Final Plat of
Dauphinais - Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5,
6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado,
Intermountain Engineering, dated July 21, 1998, and Amended Final Plat:
Ordinance No. 27, Series 2011 Page 4
A Resubdivision of Lot 5, Amended Final Plat: Dauphinais - Moseley
Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of
Vail, County of Eagle, State of Colorado, Intermountain Engineering,
dated February 3, 2006.
4. Construction, grading and drainage drawings for a resubdivision of Lots
1 -19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3,
Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited,
sheets 1 -8, dated March 9, 1989.
5. Soils and Foundation Investigation for Lots 1 -24, Lionsridge 5th Filing.
6. Lionsridge Color Palette, Arnold /Gwathmey /Pratt Architects, March
1990.
7. The subdivision plat for Dauphinais - Moseley Subdivision recorded
August 23, 1990, July 21, 1998, and February 3, 2006.
B. The development standards shall be as follows:
1. Acreage: The total area of this site is 10.69 acres or 465,650 square
feet.
2. Permitted Uses: The following uses shall be permitted in SDD 22:
a. Single- family dwellings.
b. Open space.
c. Public roads.
d. Employee housing units as further regulated by Subsection 5D of
this ordinance and Chapter 12 -13, Employee Housing, Vail Town
Code.
3. Conditional Uses: The following conditional uses shall be permitted in
SDD 22, subject to the issuance of a conditional use permit in accordance
with Chapter 12 -16, Conditional Uses, Vail Town Code:
a. Public utility and public service uses.
b. Public buildings, grounds and facilities.
c. Public and private schools.
d. Public park and recreation facilities.
4. Accessory Uses: The following accessory uses shall be permitted in
SDD 22:
a. Private greenhouses, toolsheds, playhouses, garages or
carports, swimming pools, patios, or recreation facilities customarily
Ordinance No. 27, Series 2011 Page 5
incidental to single - family residential uses.
b. Home occupations, subject to issuance of a home occupation
permit in accordance with the provisions of Section 12- 14 -12,
Home Occupations, Vail Town Code.
c. Other uses customarily incidental and accessory to permitted or
conditional uses, and necessary for the operation thereof.
5. Setbacks: Minimum setbacks shall be as indicated on the approved site
development plan by Intermountain Engineering, dated July 7, 1998. A 4-
foot roof overhang shall be allowed in the front setback for Lots 15 -19,
provided the rear setback is increased by 4 feet. A 4 -foot roof overhang
shall be allowed in the rear setback of Lots 20 -24, provided the front
setback is increased by 4 feet. Roof overhangs shall be allowed to
encroach up to 2 feet into the required side setback of 10 feet for each lot.
An unenclosed, unroofed, deck or patio within 5 feet of finished grade may
encroach into the rear setback by 5 feet for Lots 1 -14 and Lots 20 -24. No
other setback encroachments shall be allowed.
6. Density: Approval of this development plan shall permit a total of 23
single - family dwelling units on the entire property. A maximum of 23
employee housing units shall be permitted on the entire property.
7. Building Height: For a sloping roof, the height of the building shall not
exceed 33 feet. The height calculation shall be made by measuring from
the existing grade as indicated on the Intermountain Engineering
Topographical Survey dated March 13, 1990 or finished grade. Height
shall be calculated pursuant to Section 12 -2 -2, Definitions, Vail Town
Code.
8. Site Coverage: Not more than 25 percent of the total site area on each
lot shall be covered by buildings. "Site coverage" shall be calculated
pursuant to Section 12 -2 -2, Definitions, Vail Town Code.
9. Parking: Parking shall be provided pursuant to Chapter 12 -10, Off
Street Parking and Loading, Vail Town Code. Each employee housing
unit within SDD 22 shall have at least one enclosed garage parking space.
10. Design Guidelines: The development of each lot shall be guided by the
architectural and landscape design guidelines as approved as part of the
Special Development District No. 22. The guidelines are as follows:
a. Architectural The architectural design of the buildings upon the
site shall be such that buildings relate harmoniously to each other.
This is not to imply that each building must look exactly similar to
Ordinance No. 27, Series 2011 Page 6
those around it, but that compatibility be achieved through the use
of scale, materials and colors, and building shape and form. The
overriding concern is that, upon completion, the Special
Development District, because of the clustered nature of the small
single - family lots situated around common open space, should
appear to be an integrated development possessing a common
architectural quality, character, and appearance. To this end the
following general design criteria shall be followed by the developer
and individual lot owners:
b. Color. A palette of colors shall be as set forth in the Lionsridge
Color Palette from Arno ld /Gwathmey /Praft dated March 1990.
Colors are indicated for the use on different types of building
materials and elements such as stucco colors, siding colors, metal
flashing, windows, accent colors, etc. The palette of colors
indicates a range of acceptable colors in order to encourage
similarity on one hand, but also diversity within the acceptable
range.
c. Building Standards and Materials. The following building
standards and materials shall be adhered to:
(1) Roof The roof pitch shall be a minimum 8/12 and a
maximum of 12/12. A gable, clipped gable or hipped roof
shall be mandatory. Dormers shall be allowed. The roofing
material shall be synthetic wood shingles with staggered
butts.
(2) Chimneys. The chimneys shall be stucco with chimney
caps of weathered copper.
(3) Flues. All flues shall be galvanized or painted sheet
metal, painted to match the roof.
(4) Main Fascia The main fascia shall be a solid color stain,
with brown, taupe, or gray.
(5) Secondary Fascia and Metal Railings above the First
Floor. The secondary fascia and metal railings above the
first floor shall be a muted accent trim color.
(6) Walls Walls shall be of stucco and horizontal or vertical
wood siding. Stucco colors shall be gray, beige or off - white.
Wood siding colors shall be gray, brown or taupe.
(7) Stone Residences shall have a minimum of a two foot
Ordinance No. 27, Series 2011 Page 7
high stone wainscot in rainbow mix with a sandstone cap
around the perimeter of the structure, except under decks
where substantially concealed by landscaping.
(8) Windows. Windows located within stucco areas shall
have a minimum of two inches of relief from the outside wall
plane and have a sandstone sill.
(9) Outdoor Lighting. Outdoor lighting shall be indirect with a
concealed source except for an entry chandelier, two
carriage lights and one pilaster light which may be exposed
globes with a fixture of black or weathered copper look
metal. The maximum number of outdoor lights permitted on
each lot shall be 15, as calculated pursuant to Section 14-
10-7, Outdoor Lighting, Vail Town Code, regardless of lot
size.
(10) Garages No garage doors shall directly face the street,
except on Lot 24 and Lot 14.
(11) A residential address /nameplate, if desired by the
owner, shall be located on the side of the garage facing the
access point to the lot.
(12) When the individual landscape plans are designed for
individual lots, special care shall be taken in the design of
side yard landscaping in order to provide adequate
screening between structures.
11. Recreational Amenities Tax: The recreation amenities tax shall be
assessed at the rate for a Single- Family Residential District.
SECTION 5. CONDITIONS OF APPROVAL
A. The development of Special Development District No. 22 will have impacts on
the available employee housing within the Upper Eagle Valley Area. In order to
help meet this additional employee housing need, the developer of Special
Development District No. 22 shall provide a minimum of 6 deed - restricted
employee housing units. These required employee housing units may be located
within SDD 22, off -site, or a combination thereof. Any required employee
housing units located within SDD 22 shall be subject to the restrictions outlined in
Subsection 5D of this ordinance. Any required employee housing units located
off -site shall be subject to the provisions of Chapter 12 -13, Employee Housing,
Vail Town Code, as may be amended. The required employee housing units,
both on -site and off -site, shall be eligible for exchange in accordance with the
procedures outlined in Section 12 -13 -5, Employee Housing Unit Deed Restriction
Ordinance No. 27, Series 2011 Page 8
Exchange Program, Vail Town Code, as may be amended.
B. The following restrictions shall apply to all employee housing units, required
and non - required, within SDD 22:
1. Each employee housing unit shall have a minimum square footage of
400 square feet not to exceed 800 square feet and shall have a kitchen or
kitchenette. The square footage of an employee housing unit shall be
measured from the inside face of the walls creating the unit (i.e., not
including furring, sheetrock, plaster, and other similar wall finishes).
2. The employee housing units may be located on any of the lots within
the subdivision providing all the development standards are met for each
lot. Only one employee housing unit shall be allowed per lot with a
maximum of 23 employee housing units allowed. Each employee housing
unit shall be incorporated into the structure of the single - family dwelling
and shall not be allowed to be separated from the single - family dwelling.
Each employee housing unit shall have at least one enclosed garage
parking space. This parking space shall not be detached from the single -
family garage or structure
3. The employee housing unit shall be leased to full -time employees who
work in Eagle County. The employee housing unit shall not be leased for
a period less than thirty consecutive days. For the purposes of this
section, a full -time employee is one who works an average of thirty hours
each week.
4. The employee housing unit may not be sold, transferred, or conveyed
separately from the single - family dwelling it is a part of.
5. The employee housing unit shall not be divided into any form of
timeshares, interval ownership, or fractional fee ownership as those terms
are defined in the Vail Town Code.
6. No later than February 1 of each year, the owner of each employee
housing unit within SDD 22 shall submit a sworn affidavit on a form
provided by the Town of Vail to the Community Development Department
containing the following information: evidence establishing that the
employee housing unit has been rented throughout the year by an
employee, the rental rate, the employer, and evidence to demonstrate that
at least one tenant who resides within the employee housing unit is a full -
time employee in Eagle County.
7. All employee housing units within SDD 22 shall be eligible for exchange
in accordance with the procedures outlined in Section 12 -13 -5, Employee
Housing Unit Deed Restriction Exchange Program, Vail Town Code.
Ordinance No. 27, Series 2011 Page 9
8. The provisions of these restrictions may be enforced by the Owner.
The provisions of these restrictions may also be enforced by the Town of
Vail in accordance with Chapter 12 -3, Administration and Enforcement,
Vail Town Code.
9. The conditions, restrictions, stipulations, and agreements contained
herein shall not be waived, abandoned, terminated, or amended except by
the written consent of both the Town of Vail and the Owner of the
property.
C. The architectural and landscape design guidelines shall be incorporated into
the subdivision covenants before the final plat is recorded at the Eagle County
Clerk and Recorder's Office. The Town Of Vail shall be party to these
agreements.
SECTION 6. AMENDMENTS
Amendments to Special Development District No. 22 shall follow the procedures
prescribed in Section 12- 9A -10, Amendment Procedures, Vail Town Code.
SECTION 7. EXPIRATION
The applicant must begin construction of the Special Development District within
3 years 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 within the time limits imposed by the preceding
subsection, the Town of Vail Planning and Environmental Commission shall
review the Special Development District. They shall recommend to the Vail
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 8. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect 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 9. 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 the inhabitants thereof.
SECTION 10. The amendment of any provision of the Town Code as provided in this
Ordinance No. 27, Series 2011 Page 10
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 amended.
The amendment of any provision hereby shall not revive any provision or any ordinance
previously repealed or superseded unless expressly stated herein.
SECTION 11. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20 day of December, 2011,
and a public hearing for second reading of this Ordinance set for the 3 day of January,
2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
U
lei Donaldson, Town Clerk
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INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING
AND ORDERED PUBLISHED IN FULL this P day of January, 2012.
W
Donaldson, Town Clerk
Andrew P. Daly, Mayo
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Ordinance No. 27, Series 2011 Page 11