HomeMy WebLinkAbout1991-24 TABLED TO 1992 Providing for the Establishment of Special Development District No. 26. ` . ~ ~ r~/Y~Gr~ UY~ ~UL4f /4.GGf.~n~
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ORDINANCE N0. 24 ~,~,^^„- ~w Iqq~ _ ~
Series of 1991 `^"'"`'~4
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AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF ~ ~~
SPECIAL DEVEL01'MENT DISTRICT N0. 26; ADOPTING A
DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT N0. 26;
TN ACCORDANCE WTTH CHAPTER 18.A0 OF THE VAIL MUNICIPAL CODE AND
aETTTNG FORTH THE DETAILS IN REGARD THERETO.
WHEREAS, Chapter 18.40 of the Vail Municipal Code authorizes
Special Development Districts within the Town in order to
encourage flexibility in the development of land; and
WHEREAS, application has been made for Special Development
District approval for a certain parcel of property within the
Town legally described as the SE 1/9 of the SE 1/4 of Section 1,
Township 5 South, Range 81 West, 6th Prime Meridian and generally
located north of Sandstone Drive and west of Potato Patch Drive;
and
WHEREAS, there is an identified need for employee housing in
the community; and
WHEREAS, the Town of Vail has adopted formal policies to
encourage the development of employee housing units; and
WHEREAS, this Special Development District provides for
creativity and flexibility to allow for the development of one
employee housing unit; and
WFIEFZEAS, in accordance with Section 18.66.140, the Planning
and Environmental Commission held a public hearing on the
proposed SDD, and has submitted a recommendation for denial to
the Town Council; and
WHEREAS, all notices as required by Section 18.66.080 have
been sent to the appropriate parties; and
WIIERFAS, the Town Council has held a public hearing as
required by Chapter 18.G6 of the Vail Municipal Code.
NOW THI3REFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
'S'OWN OF' VAIL, COLORADO, THAT :
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Section 1.
The Town Council finds that all the procedures for Special
Development Districts in Chapter 18.4Q of the Municipal Gode of
the Town of Vail have been fully satisfied.
Section 2.
purpose. '
A Special Development District is established to assure
comprehensive development and use of an area in a manner that
would be harmonious with the general character of the Town,
provide adequate open space and promote the objectives of the
Zoning Ordinance of the Town.
Section 3.
The Town Council finds that the development plan for Special
Development District No. 26 meets each of the standards set Earth
in Section 18.40.080 of the Municipal Cade of the Town of Vail or
demonstrates that either one or more of them is not applicable,
or that a practical solution consistent with the public interest
has been achieved. In accordance with Section 18.44.040, the
development plan far Special Development District No. 26 is
approved. The development plan is comprised of those plans
submitted by Bachrach VTP Ltd, Erwin Bachrach, and consists of
the following documents:
1. Topographic survey; dated 1/9/91, sheet 1 of 11.
2. Buildable area; dated 5/13/91, sheet 1A o f 11.
3. Site plan; dated 4/22/91, -sheet 2 of 11.
4. Site plan/utility trench; dated 4/25/91, sheet 3 of 11.
5. Site plan/utility lines; dated 4/22/91, s heet 9 of 11.
6. Site plan/landscape; dated 4/22/91, sheet 5 of 11.
7. Land profiles; dated 4/19/91, sheet 6 of 11.
8. Main level plan; dated 4/9/91, sheet 7 of 11.
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9_ Dower level plan; dated 9/8/91, sheet 8 of 11.
10. Elevations; dated 4/8/91, sheet 9 of 11.
11. Sections; dated 4/26/91, sheet 10 of 11.
7.?_. ~3arn and greenhouse; not dated, sheet 11 of Z1.
The development plan is, also comprised of thane plans submitted
by RBD Engineering Consultants, and consists of the following:
1. Driveway plan and profile, driveway crass sections and
driveway and retaining wall details; sheets 1-5, dated
E'ebruary 19 91 .
Section 9.
Development standards for Special Development District Na. 2G are
approved by the Town Council as a part of the approved
development plan as follows:
A. SETBACKS AND SITE COVERAGE,:
Setbacks shall be as indicated on the sate plan set
forth in Section 3 of this Ordinance.
H. HEIGHT:
Building height shall be as indicated on the elevation
plan set forth in Section 3 of this Ordinance.
C. DENSITY:
Development in 5DD No. 26 shall be limited to 1 single
family dwelling and one permanently deed--restricted,
employee dwelling unit for. the 6.844 acre parcel,
(1.395 buildable acres). Gross Residential Floor Area
(GRFA) within SDD No. 26 shall be as follows:
1. GRFA for the primary unit shall not exceed 3,425
square feet.
2. GRFA for the employee unit shall not exceed 1,.200
square feet.
D. LANDSCAPING:
The area of the site to be landscaped shall be as
indicated on the landscape plan set forth in Section 3
of this Ordinance.
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E . PARKING
Parking in SDD No. 26 shall be met in accordance with
the off-street parking requirements as specified in
Section 18.52 of the Municipal Code of the Town of
Vail, and as generally indicated in the site plan as
set forth in Section 3 of this Ordinance.
F. RETAINING WALL HEIGHTS AND CUT/FILL SLOPES:
Retaining wall locations, heights, lengths and
materials, and all cut and fill slopes shall be as
indicated an the development plan set forth in Section
3 of this Ordinance.
G. EMPLOYEE HOUSING UNIT
The employee housing unit indicated on the floor plans
referenced in Section 3 of this ordinance, shall be
permanently restricted for long term employee housing
as set forth in Section 18.13.Q80 of the Municipal Code
of the Town of Vail, with the exception that the
employee unit shall be so restricted in perpetuity.
The applicant shall set forth such restrictions in
covenants which shall be submitted to the Town of Vail
and approved by the Town attorney and recorded on the
land records of Eagle County prior to the issuance of a
building permit for any construction and furtherance of
this Special. Development District. The agreement shall
run with the land and shall provide that it shall not
be amended or terminated without the written consent of
the Town of Vail, Colorado. The applicant or his
successor in interest shall submit an annual report to
the Town of Vail within 12 months of the date this
Ordinance becomes effective, and on the annivErsary
date of such submittal for each year thereafter, and
setting forth the individual to whom the unit is rented
and providing sufficient information so that the Town
of Vail is able to determine that the restrictions set
forth in this Section G have been complied with by the
applicant or his successor.
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Section 5.
Amendments to the approved development plan may be granted
pursuant to Section 18.40.100 of the Municipal code of the Town
of Vail.
Section 6.
The 'own 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 inhabitants thereof.
Section 7.
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
kiave passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that
ar~y one or more parts, sections, subsections, sentences, clauses
or phrases by declared invalid.
~7ection f3.
'I'~~~e repeal or the repeal and reenactment of any provisions of
Vail Municipal Code as provided in this ordinance shall not
affect any right which has accrued, any duty imposed, any
violation tYaat 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 and reenacted. The repeal of any provision hereby shall
not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Sect:~.or~ 9.
A11 bylaw;;, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are hereby repealed to the extent only of
such inconsistency. This repealer shall not be construed to
revise az~y bylaw, order, resolution or ordinance, or part
thereof, heretofore repealed.
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INTRODUCED, READ AND PASSED ON
1991, and a pub
Ordinance on the day o~
in the Council Chambers of the
Colorado. Ordered published
1991. '
FIRST READING THIS day of
lic hearing shall be held on this
1991 at 7:30 p.m.
Vail Municipal Building, Vail,
this day of
ATTEST:
Kent R. Rose, Mayor
Pamela A. Brandmeyer, Town Clerk
INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of , 1991.
Kent R. Rose, Mayor
ATTEST:
Pamela A. Brandmeyer, Town Clerk
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