HomeMy WebLinkAbout1981-39 Amending Ordinance No. 30 of 1977; Changing the Maximum Allowable Dwelling Units on Lot 6, Block 2, Potato Patch from a Maximum of 30 Units to a Maximum of 31 Dwelling Units Providing One Such Dwelling Unit be Restricted to Employee Housing!x' `
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JpHNNETTE F'HxLLIPO
11/17/89 14:45 F'G 1 01= 7
EAGLE CDUNTY CLERK, COLOl~ADO
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ORDINANCE #39
(Series of 1981}
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AN ORDINANCE AMENDING ORDINANCE #30 OF
1977; CHANGING TWE MAXIMUM ALLOWABLE DWELLING
UNITS ON LOT 6, BLOCK 2, POTATO PATCH, FROM A
MAXIMUM OF 30 UNITS TO A MAXIMUM OF 31 DWELLING
UNIT5; PROVIDING THAT ONE SUCH DWELLING UNIT BE
RESTRICTED TO RN EMPLOYEE HOUSING UNIT; SETTING
THE STANDARDS GOVERNING SUCH EMPLOYEE HOUSING
UNIT; SETTING THE PERMISSIBLE GROSS RESIDENTIAL
FLOOR AREA ("GRFA") FOR SAID 31 UNITS; AND
PROVIDING DETAILS IN RELATION THERETO.
WHEREAS, Ordinance #30 of 1977 zoned Lot b, Block 2, Potato
Patch to a maximum of 3O dwelling units; and
WHEREAS, the current owner of the property wishes t~o amend
the allowa~1e number of units to 30 plus 1 unit which would be
restricted to employee housing use as a caretaker facility; and
WHEREAS, the Planning and Environmental Commission has recom-
mended unanimous approval of this amendment; and
WHEREAS, the Town Council considers it important to obtain r~
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dwelling units restricted to employee housing; and
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WHEREAS, the Town Council is of the opinion that this amendment
is in the interest of protecting the health, safety and welfare of
the inhabitants of the Town of Vail;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Exhibit A of Ordinance #30, Series of 1977, fifth
paragraph from the top, is hereby amended to read as follows:
Lot 6, B1vck 2, Potato Patch shall be zoned Medium Density
Multi-Family (MDMF} with a maximum of 31 units with one unit
of the 31 which shall be restricted to employee housing
according to the following restrictions:
1. That the Gross Residential Floor Area (GRFA} of the site
as determined by the Community Development Department
under MDMF zone standards not be exceeded on the site.
2. That fifty percent of the required parking be enclosed.
3. The architectural design of the structure and the materials
and colors must be visually harmonious with the remainder
of the site.
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• 4. Access to the unit must not adversely affect the privacy
of adjacent structures.
5, The applicant shall agree in writing:
a. That the employee housing unit shall not be sold,
transferred or conveyed unit for a period of not
less than the life of Trent William Ruder, a life
in being, p1 us twenty one {21} years from date that
the Certificate .of Occupancy is issued for said unit,
and
b. That the employee housing unit shall nat be leased
or rented for any period of less than thirty {30)
'; consecutive days, and that if it shall be rented, it
shall be rented only to tenants who are full time
employees in the Upper Eagle Valley. The "Upper
Eagle Valley" shall be deemed to include the Gore
Valley, Minturn, Red Cliff, Gilman, Eagle-Vail, and
Avon and their surrounding areas. A "full-time
~ employee" is a person who works an average of thirty
(30) hours per week; and
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c. That the employee housing unit sha71 not be divided
into any form of timeshares, interval ownership or
' ~ fractional fee, and
d. That a declaration of covenants and restrictions sha71
be filed of record in the Office of the Eagle County ~'.~
~ Clerk and Recorder in a form approved by the Town ~7
Attorney for the benefit of the Town to insure that :~
o ~ the restrictions herein shall run with the land. '
`~ Section 2. If any part, section, subsection, sentence, clause
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~ or phrase of this ordinance is for any reason held to be invalid, such
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decision shall not effect the validity of the remaining portions of
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'~ 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
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parts, sections, subsection, sentences, clauses or phrases be declared
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invalid.
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~' j Section 3. 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.
ti? ~ Section ~. The repeal or the repeal and reenactment of any
~ ~ provision of the Vail Municipal Code is provid ed 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 o ther action or proceeding as
commenced under or by virtue of the provision repealed or repealed
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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 THIS 20th DRY OF OCTOBER, I981, AND 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 .3~- DAY DF
1981.
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ATTEST:
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TOWN CLE ~ }
INTRODUCED, READ, APPROVED ON SECOND READING AND ORDERED
P U B L I S H E D ~ ~.~-~ ~-~ T H I S ~/r-eC.__.,_ DAY O F
~d--~ ~ , 19 81.
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Mayor`'
ATTEST:
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