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1983-20 FailedORDINANCE No. 20 Series of 1983 AN ORDINANCE REZONING LOT 1, BLOCK 6, VAIL INTERMOUNTAIN SUBDIVISION FROM RESIDENTTAL PRIMARY/SECONDARY {Rp/S) TO HIGFI DENSITY MULTI-FAMILY {F1DMF) WTTN CONDITIONS; FOR THE PURPOSE OF AN EMPLOYEE HOUSING CONDOMINIUM PROJECT. W!-~EREAS, the Town Council believes that there continues to be a need in the community for owner-occupied, local resident affordable housing of a similar nature to the Pitkin Creek Park Condomiums project; and W1-IEREAS, the specific proposal referred to in this ordinance would provide such needed housing at a below-market affordable price; and WHEREAS, the rezoning of the property for use as employee housing would not cause negative impacts upon the neighborhood with relationship to use and density; and WHEREAS, the Planning and Environmental Commission has recommended such rezoning; NOW, THEREFORE, BE IT ORDAINED BY 7I#E TOWN COUNCIL OF THE TOWN OF VAIL THAT: SECTION 1. The official zoning map of the Town of Vail is hereby amended as follows: Lot 1, Block 6, Vail Intermountain Subdivision: current zone: Residential Primary/Secondary new zone: High Density Multi-Family SECTION 2. The following are conditions of approval attached to the rezoning: 1. The applicant be allowed to construct not more than 3250 square feet of GRFA and that the sale price average not more than $85 per square foot. 2. F, pull-off lane for vehicles shall be provided on the north side of the building for use for owners and tenants only. This pu71-off/drop- off space shall be generally limited to 10 minutes per vehicle stop, and this shall be generally reflected in the condominium by-laws and/or declarations. 3. The existing footprint of the building on the site shall not be expanded except for appurtenant decks and balconies. • w ~~ 4. The open space on the south side of the building remain. 5. Use of the tennis courts and parking maintenance services for the project shall be provided initially for $10/month per condominium for the first year after certificate of occupancy for each condominium, subject to reasonable rate increases in subsequent years. 6. Parking is provided as noted below in the variance section of this- memo. 7. The basic stipulations and restrictions concerning leasing, maximum resale prices, purchaser qualifications, etc. that are found currently in the Pitkin Creek Park Condominium declarations, are .formulated, adopted and enforced for ten years from the date of the filing of said covenants. This declaration must be filed with the Eagle County Clerk and Recorder. ~. The site plan, floor plan and elevations submitted tv the Community Development Department with this application, as designated on such plans, are hereby adopted as conceptual development plans and major changes to these wi11 require an amendment approved by the Planning and Environmental Commission. The determination of whether a change is major or not will be made by the Department of Community Development. Section 2 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 by declared invalid. M ~ ~ Section 3 The Tawn Caucil hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail end the inhabitants thereof. Section ~ The repeal or the repeal and reenactment of any provision of the Vai3 Nfunicipal 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 or reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed ar superseded unless expressly stated herein. INTRODl3CED, READ AND PASSED ON FIRST READING TfIIS day of 1983, and a public hearing shall be held on this ordinance an the day of , 1983, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this day of 1983. Rodney E. Slifer, Mayor ATTEST: Pamela S. Brandmeyer Town Clerk