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Home My WebLink About2012-14 Repealing and Re-Establishing Special District No. 34, Flaum-the Valley Phase VORDINANCE NO. 14 Series of 2012 AN ORDINANCE REPEALING AND RE-ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM — THE VALLEY PHASE V, 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, Ordinance No. 2, Series of 1997, established Special Development District No. 34, Flaum — The Valley Phase V(the "District") and the District was subsequently amended by Ordinance No. 9, Series of 2006; WHEREAS, the Planning and Environmental Commission (the "PEC") of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of these amendments at its October 8, 2012, public hearing, and has submitted its recommendation to the Vail Town Council; 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; WHEREAS, the purpose of this ordinance is to amend the gross residential floor area (GRFA) provisions of the District; WHERAS, the purpose of this ordinance is to "clean-up" the unclear, outdated, and inconsistent provisions of the District; Ordinance No. 14, Series 2012 Page 1 WHEREAS, based upon the review of the evidence and testimony presented, the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 oufinreighed 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. 34, Flaum — The Valley Phase V, is hereby repealed and re-established to read as follows: SECTION 1. 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. 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 of a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase � 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 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, Chapter 12-6E, Residential Cluster District, Vail Town Code. Ordinance No. 14, Series 2012 Page 2 SECTION 6. In addition to the Approved Development Plan described in Section 7 herein, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning and 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 No. 34: Base Information Underlying Zoning: Lot area: Development Standard Number of Lots: Dwelling units: Density: Employee Housing Units (EHU) Buildable Area: Site Coverage: RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance/Limitation 3 single family lots 3 single-family dwelling units 1.66 dwelling units/acre 1 Type II EHU per lot allowed. Per approved development plan and building envelopes. 25% of lot area (per lot) GRFA: The combined area of the dwelling unit and any associated Type II EHU shall not exceed 3,800 sq. ft. per lot. Type II EHU GRFA: Garage Area: A Type II EHU constructed in this special development district shall be calculated as GRFA. 600 sq. ft. garage 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. GRFA garage deduction allowed per EHU per lot. Ordinance No. 14, Series 2012 Page 3 Setbacks: 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. Parking: Exterior Lighting: Building Height: Per Chapter 12-10, Off-street Parking and Loading, Vail Town Code. Per Section14-10-7, Exterior Lighting, Vail Town Code. 30' for a flat roof, 33' for a sloping roof SECTION 7. SDD No. 34 is subject to the following additional conditions: 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 1/10/97. 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 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 12-9A-12, Time Requirements, Vail Town Code. 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 2-5, Recreational Amenities Tax Chapter, Vail Town Code. Ordinance No. 14, Series 2012 Page 4 7. All retaining walls on-site shall conform to existing sede Vail Town 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') nor more than one—fourth (1/4) the minimum required dimension befinreen buildings." 9. One employee housing unit (EHU) 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. The employee housing requirements of this special development district may be met within the district or off-site. All employee housing units constructed within SDD No. 34 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. 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 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, Ordinance No. 14, Series 2012 Page 5 • , } i 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 the inhabitants thereof. SECTION 12. The amendment of any provision of the Town 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 amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 13. 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 6th day of November, 2012, and a public hearing for second reading of this Ordinance set for the 20th day of November, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _ Daly, T ATTEST: ,�`:� � '•; . • . . SEAL : _ . . . L re i naldson, Town Clerk '• � � •�4LORP� READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20�h day of November, 2012. � �� Ludwig Kurz, M or ProTem ATTE : . relei onaldson, Town Clerk Ordinance No. 14, Series 2012 O�� O F •V�,� �. : . � . • � . • � . �s • . . . . . . . . . , .. .� o � '•�....•�Pp - , � �R Page 6