HomeMy WebLinkAbout1987-32 Repealing and Reenacting Ordinance No. 10, Series 1987, to Provide for a Reduction of the Number of Units Permitted; Adjusting the Gross Residential Floor Area Per Unit`' d Y
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ORDINANCE N0. 32
Series of 1987
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 19,
SERIES DF 1987, TO PROVIDE FDR A REDUCTION DF TFIE NUMBER OF
UNITS PERMITTED; ADJUSTING THE GROSS RESIDENTIAL. FLOOR AREA
PER UNIT; CHANGING CERTAIN WORDING RELATING TO HEIGHT
LIMITATIONS AND SETTING FORTH DETAILS IN REGARD THERETO
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes Special
Development Districts within the Town; and
WHEREAS, the Town Council approved Ordinance No. 19, Series of 1987
establishing Special Development District No. 16; and
WHEREAS, the Town Planning staff and Planning and Environmental Commission has
recommended that certain minor changes be made in Special Development District No.
1S; and
WHEREAS, the Town Council considers that it is reasonable, appropriate, and
beneficial to the Town and its citizens, inhabitants, and visitors to repeal and
reenact Ordinance No. 19, Series of 1987 to provide for such changes in Special
Development District No. 16, Elk Meadows.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL DF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Ordinance No. 19, Series of 1987, is hereby repealed and reenacted with
amendments to read as follows:
Section 1. Amendment Procedures Fulfilled, Planning Commission Report.
The approval procedures prescribed in Chapter 18.40 of the Vail Municipal Cade have
been fulfilled, and the 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.
Special Development District No. lfi {SOD lfi} and the development plan therefore,
are hereby approved for the development of Phase III, The Valley, part of Parcel A,
Lion's Ridge Subdivision Filing No. 2, within the Town of Vail consisting of 3.6
acres.
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Section 3. Purpose
Special Development District 15 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 complimentary to t:he Town by the Town
Council and meets all design standards as set forth in Section 18.4n of the
Municipal Code. As stated in the staff memorandum dated June 8, 1987, there are
significant aspects of Special Development District 16 which are difficult to
satisfy through the imposition of the standards of the Residential Cluster zone
district. SDD 16 allows for greater flexibility in the development of the land
than would be possible under the current zoning of the property. In order to help
preserve the natural land scenic features of this site, building envelopes will be
established which designate the areas upon the site in which development will
occur. The establishment of these building envelopes will also permit the phasing
of the development to proceed according to each individual owner`s ability to
construct a residence. SDD16 provides an appropriate development plan that
maintains the unique character of this site given the difficult site constraints
which must be addressed in the overall design of the proje~:t.
Section 4. Development Plan
A. The development plan far SDD 16 is approved and shall constitute the plan for
development within the Special Development District. The development plan is
comprised of those plans submitted by Lamar Capital Corporation and consists of the
following documents, which will be finalized at the major subdivision final p7 at
review:
1. Elk Meadows Subdivision Phase III, The Valley, final plat, a
resubdivision of part of Parcel A, Lionsridge Subdivision, Filing Na. 2,
Eagle Valley Engineering and Surveying, Mr. Leland Lechner, Surveyor,
August 6, 1987.
2. Elk Meadows Subdivision Phase III: Final utility plan, part of Parcel A,
Lionsridge Subdivision, Filing No. 2, Eagle Valley Engineering and
Surveying, February 23, 1987.
3. Elk Meadows Subdivision Phase III Access Road Design Drawing, John
Maci<owen, Surveying and Engineering, Inc., June a, 1987
4. Final Landscape Plan, Elk Meadows, Phase III, Mr. Dennis Anderson,
Associates, August fi, 1987.
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5. Elk Meadows Subdivision, Phase III, Final Drainage Plan, Mr. Don
Pettigrnve, P.E., August S, 1987.
6. Elk Meadows Subdivision, Phase III, final rockfall land slope analysis
plan, Mr. Leland ~l. Lechner, Surveyor, Eagle Valley Engineering and
Surveying, February 23, 1987.
7. Environmental Impact Report submitted by Mr. Peter Jamar, Associates,
Inc., August 5, 1987, which includes Design Guidelines and Rockfall
Mitigation Requirements.
8. Other general submittal documents that define the development standards
of the Special Development District.
B. The development plan shall adhere to the following:
1. Acrea~ee: 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. public and private roads
3. Conditional Uses:
a. Public utility and public service uses
b. Public buildings, grounds and facilities
c. Public or private schools
d. Public park and recreation facilities
e. Ski lifts and taws
f. Private clubs
g. Dog kennel
4. Accessory Uses:
a. Private greenhouses, tool sheds playhauses, attached garages or
carports, swimming pools, patios, or recreation Facilities
customarily incidental to a single-family use.
b. Home occupations, subject to issuance of a home occupation permit in
accordance with the provisions of Sections 18.58.130 through
18.58.190
c. Other uses customarily incidental and accessory to permitted ar
conditional uses, and necessary for the operation thereof
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d. Horse grazing, subject to the issuance of a horse grazing permit in
accordance with the provisions of Chapter 18.58.
5. Parcel Acreages and Uses
a. Building Envelopes
1. .0547 acres, 1 single family unit
2. .0517 acres, 1 single family unit
3. .0534 acres, l single family unit
4. .0483 acres, 1 single family unit
5. .0929 acres, 1 single family unit
fi. .0641 acres, 1 single family unit
7. .0498 acres, 1 single family unit
b. Tract l: 2.491 acres open space and drainage easement
c. Tract 2: .6927 acres private access road ar~d parking
S. Setbacks - Minimum setbacks fnr the location of structures in relation to
building envelope perimeter ]fines shall be as follows:
a. No structure shall be located on the utility easement as so
designated on the final plat of the subdivision.
b. No structure shall be located less than twa feet from either the east
or the west perimeter line.
c. No structure shall be located less than three feet from the north
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.
7. Densit.v: Approval of this development plan shall permit seven (7)
single family dwelling units.
A building situated on a single unit residential building envelope shall
not contain more than 2,285 square feet of GRFA.
8. Building Height. Building height shall not exceed 33 feet for a sloping
roof.
9. Parking: Two parking spaces shall be provided per unit with one of the
two being enclosed plus one guest parking space in the common parking area.
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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 general subdivision's landscape requirements.
The entire portion of the 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 shall be submitted to the Design
Review Board for their approval. The DRB final design guidelines shall represent
the approved design guidelines. Design guidelines for the site are as follows:
a. Roof pitch shall be between 4 feet in i2 feet and & feet in 12 feet.
b. Roof material shall be metal standing seam or a metal stamped
California the form and be either charcoal grey or dark navy blue in color.
c. Siding material shall be either cedar or redwood and shall be applied
horizontally as indicated on the prototypical building elevations. Only light
colored stain shall be applied to siding.
d. Either stucco or siding shall be applied to exposed concrete
foundation walls. If stucco is utilized, it shall be light in color.
e. All windows shall 6e white metal clad windows.
f. All roofs shall have overhangs of at least 1 foot in order to protect
walls and wall openings from rain and snow and to contribute to the building's
character.
12. Recreation Amenities Tax: The recreational amenities tax is $.30 per
square foot.
13. Protective Covenants: Prior to major subdivision final plat approval,
the developer shall 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 design guidelines and rockfall mitigation
requirements as outlined by the EIR by Jamar Associates August 5, 1987. Copies of
the guidelines and mitigation requirements shall be available to prospective
purchasers at the Community Development office and Developer's office.
The covenants shall also state that an owner may choose to have another
qualified engineer/geologist design appropriate rockfall mitigation measures, as
long as the mitigation solution does not have negative visual impacts and is
approved by the Town of Vail Community Development Department and Town Engineer.
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The covenants shall also provide in regard to the covenant dealing with design
guidelines and rockfall mitigation, that the Town of Vail shall have the right to
enforce the covenant and that the covenant may not be amended or deleted without
Town of Vail approval.
The protective covenants shall be approved by the Town of Vai] attorney, prior
to major subdivision final plat approval.
Section 5. Amendments
Amendments to the approved development plan which do not change its substance
may be approved by the Planning and Environmental Commission at a regularly
scheduled public hearing in accordance with the provisions of Section 18.66.060.
Amendments which do change the substance of the development plan shall be required
to be approved by Town Council after the above procedure has been followed. The
Community Development Department shall determine what constitutes a change in the
substance of the development plan.
Section 6. Expiration
The applicant must begin construction of the Special Development District
within 18 months 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 within the time limits imposed by the preceding subsection, the
Planning and Environmental Commission shall review the Special Development
District. They shall recommend t 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 2.
If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to
of the remaining portions
it would have passed this
clause nr phrase thereof,
sections, subsections, se
Section 3.
be invalid, such decision shall not affect the validity
of this ordinance; and the Town Council hereby declares
ordinance, and each part, section, subsection, sentence,
regardless of the fact that any one or more parts,
ntences, clauses or phrases be declared invalid.
The repeal or the repeal and re-enactment of any provisions of the Vail
Municipal Code as provided in this ordinance shall not affect any right which has
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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 repeated 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 AND PASSED ON FIRST READING THIS 1st day of September ,
1987, and a public hearing sha17 be held on this ordinance on the 1st day of
September, 1987 at 7:30 p.m. in the Council Chambers of the Vail Municipal
Building, Vail, Colorado.
Ordered published in fu11 this 1st day of S 198'].
Paul R. John~~o Nfayor
.A-T~ ST:
~L ~. ~~
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED b_v title
only this 15th day of
ATT T:
ivrc,r,~~,~. ~
Pamela A. Brandmeyer, T wn Clerk
be 1987.
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under ar by virtue of the provision repealed ar repealed and reenacted. The repeal
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