Loading...
HomeMy WebLinkAbout2013-07 Repealing and Reenacting Ordinance No. 17, Series 1990 SDD No. 16 Elk Meadows GRFA off-site employee dwelling unit SCANNED ORDINANCE NO. 7 SERIES 2013 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 17 SERIES OF 1990, AMENDING SPECIAL DEVELOPMENT DISTRICT NO. 16, ELK MEADOWS, TO RELOCATE AND RECONFIGURE LOTS 1, 2, AND 3; ADJUST THE GROSS RESIDENTIAL FLOOR AREA ALLOWANCE FOR EACH LOT; ALLOW FOR OFF-SITE EMPLOYEE DWELLING UNIT MITIGATION; AND REVISE THE ARCHITECTURAL GUIDELINES, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Ordinance No. 32, Series of 1987 established Special Development District No. 16, Elk Meadows, per the approved development plan; and WHEREAS, Ordinance No. 17, Series of 1990 repealed and reenacted Special Development District No. 16, Elk Meadows, per the approved development plan; and WHEREAS, Section 12-9A-10 of the Zoning Regulations permits major amendments to previously approved development plans for Special Development Districts; and WHEREAS, the purpose of this ordinance is to re-establish Ordinance No. 17, Series of 1990, to amend the approved development plan, to relocate and reconfigure Lots 1, 2, and 3; adjust the gross residential floor area allowance for each lot; allow for off-site employee dwelling unit mitigation; and to revise the architectural guidelines; and WHEREAS, in accordance with the provisions outlined in the Zoning Regulations, the Planning and Environmental Commission held a public hearing on March 25, 2013 on the major amendment application and has submitted its recommendation of approval with conditions to the Vail Town Council by a vote of 4-1-0; and WHEREAS, the proposed major amendment to the Special Development District is in the best interest of the town as it meets the Town's development objectives as identified in the Vail Comprehensive Plan; and WHEREAS, the approval procedures of Article 12-9A, Vail Town Code, have been fulfilled; and WHEREAS, all notices as required by the Town of Vail Municipal Code have been sent to the appropriate parties; and 1 Ordinance No.7,Series of 2013 II WHEREAS, the Vail Town Council considers it in the best interest of the public health, safety, and welfare to re-establish Special Development District No. 16, Elk Meadows. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ORDINANCE NO. 17, SERIES OF 1990, IS HEREBY REPEALED AND REENACTED WITH AMENDMENTS 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. 16. Section 2. Special Development District No. 16 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. 16 is established for the development of a parcel of land comprising 3.619 acres (Lots 1-5, Elk Meadows) and shall be referred to as "SDD No. 16". Section 4. The Town Council finds that the development plan for SDD No. 16 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. 16 is approved. Section 5. The zone district underlying SDD No. 16 is Residential Cluster (RC). The uses allowed in SDD No. 16 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. Section 6. 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. 16: A. The development plan for SDD No. 16 is approved and shall constitute the plan for development within the Special Development District. The development plan is 2 Ordinance No.7,Series of 2013 comprised of those plans submitted b Elk Meadows Development LLC and consists of P P Y P the following documents, which will be finalized at the major subdivision final plat review: 1. Elk Meadows Subdivision Site Plan dated March 25, 2013. 2. Elk Meadows Schematic Landscape Plan dated March 25, 2013. 3. Environmental Impact Report submitted by Mr. Peter Jamar, Associates, Inc., August 5, 1987, which includes the rockfall mitigation requirements. Such rockfall reports are dated February 23, 1987, February 25, 1987, June 12, 1987, June 15, 1987, July 22, 1987 and March 12, 1990, and will be kept on file in the Town's Community Development offices. The development plan shall adhere to the following: 1. Acreage: The total acreage of the site is 3.619 acres 2. Permitted Uses: The permitted uses for the site are proposed to be: a. Single family residential dwellings b. Open space c. Private roads d. Employee dwelling units 3. Conditional Uses: a. Public utility and public service uses 4. Accessory Uses: a. Private greenhouses, tool sheds, playhouses, attached garages or carports, swimming pools, patios, or recreation facilities customarily incidental to single-family uses. b. Home occupations, subject to issuance of a home occupation permit, in accordance with the provisions of Sections 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. Parcel Acreages and Uses: a. Building Envelopes: as set forth on the Final Plat. 3 Ordinance No.7,Series of 2013 1. 0.095 acres, 1 single family dwelling unit + one optional employee unit. 2. 0.089 acres, 1 single family dwelling unit + one optional employee unit. 3. 0.078 acres, 1 single family dwelling unit+ one optional employee unit. 4. 0.093 acres, 1 single family dwelling unit + one optional employee unit. 5. 0.141 acres, 1 single family dwelling unit + one optional employee unit. b. Tract 1: 2.5 acres, open space. c. Tract 2: 0.59 acres, private access road. 6. Setbacks- Minimum setbacks for the location of structures in relation to building envelope perimeter lines shall be as follows: a. No structure shall be located on any easement as so designated on the final plat of the subdivision. b. No structure shall be located less than two feet from either the east or the west building envelope perimeter line. c. No structure shall be located less than three feet from the north building envelope perimeter line. d. Notwithstanding anything contained hereinabove to the contrary, roof overhangs and decks may encroach into the setback areas described in b and c so long as such roof overhangs and decks are totally within the perimeter lines of the building envelope. No portion of the unit, decks, walls, etc. shall encroach beyond the building envelope. Driveways connecting the structure to the shared access drive for the development are permitted outside of the platted building lots. 7. Density: Approval of this development plan shall permit five (5) single family dwelling units, plus five (5) optional employee dwelling units total. One single-family dwelling unit plus one optional employee dwelling unit shall be permitted per each platted building lot. The maximum allowable gross residential floor area (GRFA) shall be 3,520 square feet per lot. GRFA which is unused on a lot cannot be transferred to another lot in the development. The developer shall record the deed restriction for the off-site employee housing unit identified as Unit 7-A of the Pitkin Creek Condominiums prior to the submittal of the amended final plat for Elk Meadows subdivision to the Town for recording. 4 Ordinance No.7,Series of 2013 8. Building Height: For a flat roof or mansard roof, the height of buildings shall not exceed thirty feet (30'). For a sloping roof, the height of buildings shall not exceed thirty-three feet (33') 9. Parking: Parking shall be as required in Section 12-10, Off Street Parking, Vail Town Code. At least one enclosed parking space, per dwelling unit w hall have shall be required. Each employee dwelling g uni i s e one enclosed parking space. 10, Landscaping: The area of the site to be landscaped shall be as indicated on the preliminary 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 represent the subdivision's general landscape requirements. The entire portion of every building envelope, not covered by pavement or buildings, shall be landscaped as well as any areas outside the building envelope disturbed during construction. 11. Design Guidelines: The Design Guidelines for SDD No. 16, Elk Meadows, shall be as regulated by Title 14, Development Standards, Vail Town Code. 12. Recreation Amenities Tax: The recreational amenities tax shall be assessed at the rate for the Residential Cluster zone district. 13. Protective Covenants: In conjunction with the recording of the amended final plat, the developer shall amend the and file protective covenants on the land records of Eagle County which will provide that each owner who builds a structure on a designated building envelope shall comply with the rockfall mitigation requirements as outlined by the EIR by Jamar Associates August 5, 1987. A copy of the mitigation requirements shall be available at the Town of Vail, community Development office. The covenants shall also provide in regard to the covenants dealing with rockfall mitigation and employee housing that the Town of Vail shall have the right to enforce the covenants and that the covenants may not be amended or deleted without Town of Vail approval. The protective covenants shall be approved by the Town of Vail attorney, prior to major subdivision final plat approval. Section 7. Conditions of Approval 1. The amendments to Special Development District No. 16, Elk Meadows, shall not be effective until the major subdivision amended final plat is 5 Ordinance No.7,Series of 2013 i approved by the Planning and Environmental Commission and is recorded by the Town of Vail at the Eagle County Clerk and Recorder's office. 2. The major subdivision amended final plat shall be recorded at the Eagle County Clerk and Recorder's office before a building permit is released for any construction within the subdivision, including common area improvements as well as individual residences. 3. The applicant and the Town shall continue to work on the proposed driveway design and have a final solution to be presented in conjunction with the major subdivision application and review. 4. The applicant shall record the deed restriction for the off-site employee housing unit identified as Unit 7-A of the Pitkin Creek Condominiums prior to the submittal of the amended final plat for Elk Meadows subdivision to the Town for recording. 5. The applicant shall amend the covenants to remove the architectural design guidelines and reflect the need for compliance with the design standards and guidelines found in the Vail Town Code. The protective covenants shall be approved by the Town of Vail attorney, prior to major subdivision final plat approval. 6. The applicant and Town shall enter into a developer's agreement which shall provide that no building permit shall be submitted to the Town until security is provided by the developer to ensure completion of the common improvements for the development. Section 8. 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 Planning and Environmental Commission shall review 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 9. 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 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. 6 Ordinance No.7,Series of 2013 Section 10. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 11. 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 12. 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 7th day of May, 2013 and a public hearing for second reading of this Ordinance set for the 21 st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vai Colorado. 'V rew P. D , ayor ATTEST: ��14 OF V ; SEAL Lor i U6naldson, Town Clerk READ AND APPROVED ON S ••O,^,•II� D RD PUBLISHED this 21St day of May, 2013. C>;3ftP► Andrew P. Daly, Mayor ATTEST: OF Lorelei Donaldson, Town Clerk '� • '• SEAL 'o cOLORPO 7 Ordinance No.7,Series of 2013