Loading...
HomeMy WebLinkAbout1974-25 Establishing the Special Development District 3 and Amending the Zoning Ordinance and the Official Zoning Map• . ~ ~ • ORDINANCE N0. 25 Series of 1974 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT 3 AND AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING hiAP. WHEREAS, Article 1, Section 1.201, of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, established thirteen zoning dis- tricts for the municipality, one of which is the Special Development District; WHEREAS, Articles 1 and 13 of the Zoning Ordinance established Special Development District 1 for the Sunburst development in the Town of Vail, Colorado, hereinafter referred to as the "Town", and Ordinance No. 6, Series of 1974, of the Town of Vail, Colorado, established Special Development District 2 for the Northwoods development in the Town; WHEREAS, Bighorn Junction, Ltd., a Colorado yi::ziteu partnership, submitted as owner an application requesting that the Town establish Special Development District 3, hereinafter referred to as "SD3", for the development on its parcel of land comprising 8.29 acres in the portion of the Bighorn area, County of Eagle, State of Colorado, which was annexed to the Town effective on the 11th day of September, 1974; WHEREAS, the establishment of the requested SD3 will ensure unified and coordinated development and use of a criti- cal site as a whole and in a manner suitable for the area in which it is situated, and an Environmental Impact Report indi- cates that the development would have minimal nega~ive effects on the Town; and WHEREAS, the Town Council considers that it is rea- sonable, appropriate, and beneficial to the Town and its citi- zens, inhabitants, and visitors to establish said SD3; Town C1 rk , Depu y ~ ~ ~ ~ ~ Ord. 25, 1974 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Ordinance Establishing Special Development District 3". Section 2. Amendment Procedures Fulfilled; Plan- ning Commission Report. The amendment procedures prescribed in Section 21.500 of the Zoning Ordinance have been fulfilled, with the report of the Planning Commission recommending the enactment of this ordinance. Section 3. Special Development District 3 Estab- lished; Amendments to Zoning Ordinance and Official Zoning Map . Pursuant to the provisions of Articles 1, 13, and 21 of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, Special Development District 3 (SD3), a special development zoning district, is hereby established for the development on a certain parcel of land comprising 8.29 acres in the Bighorn area of the Town, and the Zoning Ordinance and the Official Zoning Map are hereby amended by the addition of the following provisions which shall become the Third Chapter of Article 13, the caption of which shall be "Special Development District 3", and a map which shall become an addition to the Official Zoning Map: A. Purposes. Special Development District 3 is established to ensure comprehensive development and use of an area in a man- ner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance; Special Development District 3 is created to ensure that the develop- ment density will be relatively low and suitable for the area Tow @ erk, Dep y • ~ • , • Ord. 25, 1.974 Page 3 and the vicinity in which it is situated, an Environmental Impact Report indicates that the special development will not have a substantial negative effect on the Town or its citizens, inhabitants, or visitors, the development is regarded as complementary to the Town by the Town Council and the Plan- ning Commission, and there are significant aspects of the spe- cial development which cannot be satisfied through the imposi- tion of standard zoning districts on the area. B. Special Development District 3 Established. (1) Special Development District 3 is established for the development on a parcel of land comprising 8.29 acres in the Bighorn area of the Town as more particularly described in Exhibit.A Legal Description attached hereto and made a part hereof; Special Development District 3 and said 8.29 acres may be referred to as "SD3". (2) SD3 shall consist of three separate areas, identified as Development Area A, Development Area B, and Development Area C; Development Area A shall be comprised of approximately 3.70 acres in the western portion of the parcel, of which .70 acre in the westernmost portion of the parcel shall be designated as an open space area; Development Area B shall be coi~iprised of approximately 1.50 acres in the central portion of the parcel; and Development Area C shall be comprised of approximately 3.09 acres in the eastern portion of the parcel. C. Approval of Development Plan Required Prior to Development. (1) Before the developer commences site prepara- tion, building construction, or other improvement of open space within SD3, there shall be an Approved Development Plan for said district and the developer shall have dedicated to the Town .70 acre in the westernmost portion of Development Area A of SD3 as an open space area. Town erk, Dep y 'f ~ ~ • ~ • Ord. 25, 1974 Page 4 (2) The Proposed Development Plan for SD3 in accordance with Section D hereof shall be submitted by the developer to the Zoning Administrator who shall refer it to the Planning Commission, which shall consider the plan at a regularly scheduled meeting, and a report of the Planning Com- mission stating its findings and recommendations shall be trans- mitted to the Town Council in accordance with the applicable provisions of Article 21 hereof. (3) Upon receipt of the Proposed Development Plan and the Planning Commission report, the Town Council shall determine whether the plan is acceptable to the Town in accor- dance with the applicable provisions of Sections 21.505 and 21.506 hereof, (4) The aforesaid determination by the Town Council shall be made through its enactment of an ordinance amending the provisions of this Chapter in an appropriate man- ner; in the event the Proposed Development Plan is wpproved it will be incorporated herein as the Approved Development Plan. (5) The Approved Development Plan shall be used i as the principal guide for all development within SD3. (6) Amendments to the Approved Development Plan which do not change its substance and which are duly recom- mended in a report of the Planning Commission may be approved by the Town Council by resolution. (7) Each phase of the development shall require the prior approval of the Design Review Board in accordance with the applicable provisions of Article 15 hereof. D. Content of Proposed Development Plan. The Proposed Development Plan shall include but is not limited to the following data: (1) The Environmental Impact Report which was submitted to the Zoning Administrator in accordance with Article 16 hereof. k ow ler , Dep y €~ . ~ ~ ~ ~ ~ Ord. 25, 1974 Page 5 (2) A Supplemental Environmental Impact Report which brings the original report to a current status and is acceptable to the Zoning Administrator. (3) Existing and proposed contours after grading and site development having contour intervals of not more than 5 feet if the average slope of the site is 20 per cent or less, or with contour intervals of not more than 10 feet if the aver- age slope of the site is greater than 20 per cent. (4) A proposed site plan, at a scale not smaller than 1 inch = 40 feet, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features ,, such as landscaped areas, recrea- tional facilities, pedestrian plazas and walkways, service entries, driveways, and off-street parking and loading areas. (5) A preliminary landscape plan, at a scale not smaller than 1 inch = 40 feet, showing existing landscape features to be retained or removed, and showing proposed land- scaping and landscaped site development features, such as out- door recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. (6) Preliminary building elevations, sections, and floor plans, at a scale not smaller than 1/8 inch = 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. (7) A proposed plan of parking, loading, traffic circulation, and transit facilities; and a proposed program for satisfying traffic and transportation needs generated by the development. (8) A volumetric model of the site and the pro- posed development, at a scale not smaller than 1 inch = 50 feet, Town erk, Dep y • . • , • Ord. 25, 1974 Page 6 portraying the scale and relationships of the proposed develop- ment to the site and illustrating ttie form and mass of the pro- posed buildings. (9) An architectural model of each proposed building, at a scale not smaller than 1 inch = 20 feet, portraying design details. (10) A proposed program indicating order and tim- ing of construction phases and phasing of recreational amenities. (11) A proposal regarding the dedication to the Town of .70 acre in the westernmost portion of Development Area A of SD3 as an open space area. E. Permitted Uses. (1) In Development Areas A and C the following uses shall be permitted: (a) Single family residential dwellings. (b) Two family residential dwellings. (c) Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. (2) In Development Area B the following uses shall be permitted: (a) Single family residential dwellings. (b) Two family residential dwellings. (c) Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. (d) Professional offices, business offices, and studios. (e) Banks and financial institutions. (f) Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Town ~ erk, Dep y • Ord. 25, 1974 ~ • ~ • Page ? Book stores. Building materials stores without outdoor storage. Town Jerk, Deputy Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drug stores and pharmacies. Florists. Food stores. Furniture stores. Gift stores. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. . Radio and television stores and repair shops. ~- Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. • . • Ord. 25, 1974 Page 8 (g) Personal services and repair shops, including the following: Barber shops. Beauty shops. Business and office services. Cleaning and laundry pickup agencies with- out bulk cleaning or dyeing. Coin operated or self service laundries. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. (h) Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. (i) Additional offices, businesses, or ser- vices, determined to be similar to permitted uses in accord with the provisions of Section 21.200 hereof. F. Conditional Uses. (1) In Development Areas A and C the following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accordance with the provisions of Article 18 hereof; (a) Public utility and public service uses. facilities. Town C erk, Deputy (b) Public buildings, grounds, and _.~ • . • , ~ Ord. 25, 1974 Page 9 (c) Public or private schools. (d) Public park and recreation facilities. (2) In Development Area B the following condi- tional uses shall be permitted, subject to issuance of a Con- ditional Use Permit in accordance with the provisions of Arti- cle 18 hereof: (a) Medical and dental clinics, and med- ical centers. (b) Public utility and public service uses. (c) Public buildings, grounds, and facilities. (d) Public or private schools. (e) Public park and recreation facilities. (f) Theatres, meeting rooms, and convention facilities. (g) Commercial laundry and cleaning services. (h) Any use permitted as a permitted use in Subsection E(2) hereof which is not conducted entirely within a building. G. Accessory Uses. (1) In Development Areas A and C the following accessory uses shall be permitted: (a) Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted residential uses. (b) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 hereof. (c) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. Tot~n' lerk De uty • . • , • Ord. 25, 1974 Page 10 (2) In Development Area B the following acces- sory uses shall be permitted: (a) Private greenhouses, swimming pools, tennis courts, patios, or other recreation facilities custo- marily incidental to conditional residential or lodge uses. (b) Horne occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 hereof. (c) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. H. Development Standards. The following development standards have been sub- mitted to the Planning Commission for its consideration and recommendations and are hereby approved by the Town Council; these standards shall be incorporated into the Approved Devel- opment Plan pertinent to each Development Area to protect the integrity of the development of SD3; the following are minimum development standards and shall apply unless more restrictive standards are incorporated in the Approved Development Plan which is adopted by the Town Council; where standards are not specifically enumerated herein, the standards set forth in Article 5 hereof shall apply to Development Areas A and C and the standards set forth in Article 10 hereof shall apply to Development Area B: (1) Lot Area and Site Dimensions. SD3 shall consist of three separate areas total- ling 8.29 acres as specified in Subsection B(2) herr;of; the pre- cise dimensions and legal descriptions of said three areas shall be specified in the Approved Development Plan; and Development Areas A, B, and C shall be developed in accordance with this and the following development standards. Tawn erk, Dep y u • • Ord. 25, 1974 Page lI (2) Setbacks. The required setbacks shall be as indicated on the Approved Development Plan, being a minimum of 20 feet from any site line. (3) Distances Between Buildings. The minimum distances between all buildings on the same site shall be as indicated on the Approved Development Plan, being a minimum of 15 feet, provided that additional separation between buildings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the buildings. (4) Height.. The maximum height of all buildings shall be 35 feet. (5) Density Control. The floor area of all buildings and number of dwelling units shall not exceed the following provisions: (a) General Density Plan: Development Development Development SD3 Area A Area B Area C Total i Maximum total floor area (square feet) ?0,500 ?0,000 59,000 158,000 Maximum number of dwelling units 54 36 46 116 Maximum gross residential floor area , (square feet) 56,410 32,670 47,110 126,500 Maximum gross commercial ~, floor area (square feet) none 18,000 none 18,000 (b) Although the aggregate amount of the maximum totals of floor area, dwelling units, and gross residen- tial floor area within Development Areas A, B, and C in the above General Density Plan exceed the SD3 totals, in no event Tow-~r~n C erk Deputy • Ord. 25, 1974 • ~ • Page 12 shall the aggregate amounts actually developed in all the Development Areas combined exceed the above SD3 totals; the purpose of this arrangement is to permit limited flexibility in the creation of a development plan while restricting the maximum areas and units to the SD3 totals. (c) Of the gross commercial floor area of a maximum of 18,000 square feet in the above General Density Plan proposed to be developed in Development Area B, 9,000 square feet are approved and the remaining 9,000 square feet are conditionally approved; of the approved 9,000 square feet, not more than 4,000 square feet may be used for restaurants and licensed liquor establishments excluding liquor stores; a maximum of 3,000 square feet shall be used by one person or entity for one business, except for restaurants and licensed liquor establishments excluding liquor stores; and before any proposed development can occur with respect to the condition- ally approved 9,000 square feet, the developer shall submit a Supplemental Environmental Impact Report which brings the ori- ginal or previously supplemented report to a current status to the Zoning Administrator who shall refer it to the Planning Commission for its consideration and recommendations, after which the Town Council shall determine whether to permit said development in accordance with the applicable provisions of Sections 21.505 and 21.506 hereof. (d) Not more than 35 square feet of gross residential floor area shall be permitted for each 100 square feet of site area in Development Areas A and C; not more than 50 square feet of gross residential floor area shall be per- witted for each 100 square feet of site area in Development Area B; provided, however, that not more than 35 square feet of gross residential floor area shall be permitted for each 100 square feet of site area for SD3 and in Development Area B Town ~ erk, Dep y .^ • ~ • ~ • Ord. 25, 1974 Page 13 gross residential floor area shall not exceed 65 per cent of the gross building floor area; and provided, further, that if the conditionally approved 9,000 square feet of commercial floor area is disapproved pursuant to Subsection H(5)(c) hereof, the total allowable gross residential floor area for Area B in the above General Density Plan shall be permitted. (6) Building Bulk Control. Building bulk, maximum wall lengths, maximum dimensions of building groups, and requirements for wall off- sets and for upper levels of buildings to be stepped back from lower levels, shall be as indicated on the Approved Development Plan; provided, however, that said standards shall not be less restrictive for Development Areas A and C than the specifica- tions under Section 5.506 hereof and for Development Area B than the specifications under Section 10.606 hereof. (7) Site Coverage. Not more than 35 per cent of the total site area shall be covered by buildings. (8) Useable Open Space. (a) Useable open space for multiple family dwellings shall be required as indicated on the Approved Devel- opment Plan, but in no case shall the useable open space requirements be less than the following: 1. A minimum of 1 square foot of useable open space shall be provided for each 4 square feet of gross residential floor area for each dwelling unit. 2. Not less than I50 square feet of useable open space shall be provided for each dwelling unit. (b) Useable open space may be common space accessible to more than one dwelling unit, or may be private space accessible to separate dwelling or accommodation units, or a combination thereof. Tow erk, Dep y • • Ord. 25, 1974 ~ Page 14 (c) At least 50 per cent of the required useable open space shall be provided at ground level, exclusive of required front setback areas. (d) At least 75 per cent of the required ground level useable open space shall be common space; the min- imum dimension of any area qualifying as ground level useable open space shall be 10 feet. (e) Not more than 50 per cent of the useable open space requirement may be satisfied by balconies or roof decks; the minimum dimension of any area qualifying as non- ground level useable open space shall be 5 feet, and any such area shall contain at least 50 square feet. (9) Landscaping and Site Development. (a) A minimum of 40 per cent of the total site shall be landscaped in accordance with the Approved Devel- opment Plan; provided, however, that in Development Areas A and B a minimum of 20 per cent of said areas shall be landscaped. (b) The substance and visual integrity of the aspen grove located in the eastern portion of Development Area C and of the coniferous grove located in the western portion of Development Area A shall be preserved; if any of the aforesaid trees must be removed, the developer shall use its best effort to replant or relocate them elsewhere within SD3. (10) Parking and Loading. (a) Offstreet parking shall be provided in accord with Article 14 of this ordinance; at least 35 per cent of the required parking for dwelling units shall be located within the main building or buildings, or within accessory garages. (b) The off-street parking and loading fac- ilities for Development Areas A, B, and C may be located in any area or areas of SD3 as indicated in the Approved Development Plan; it shall not be a requirement of the Approved Development Plan that the off-street parking and loading facilities be located on the same site as the use for which they are required. (c) No off-street parking or loading facility Town erk Dep ty r Ord. 25, 1974 Page 15 shall be located in any required setback area, and no parking or loading shall be permitted at any time in areas designated for recreation or open space use on the Approved Development Plan. (d) Driveways, passenger loading areas, and parking areas not located within a building shall be permitted only as indicated on the Approved Development Plan. I. Recreational Amenities Tax. The recreational amenities tax due for the development within SD3 under Ordinance No. 2, Series of 1974, of the Town of Vail, Colorado, shall be assessed at a rate not to exceed $0.75 per square foot of floor area and shall be paid in con- junction with construction phases and prior to the issuance of a building permit; provided, however, that in the event the Recreational Amenities Tax Ordinance is amended prior to the assessment, said assessment will be imposed in accordance with said ordinance as amended. J. Limitation on Existence of Special Development District 3. Prior to the adoption of the Approved Development Plan, the Town Council reserves to the Town the right to abrogate or modify Special Development District 3 for good cause through the enactment of an ordinance; provided, however, that in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SD3, the procedures shall be as follows: (1) The Town Council shall adopt a resolution which states the grounds alleged for abrogation or modification and the relief that is sought by the Town and gives notice of the date, time, and place established for a public hearing to be held on the matter before the Council. .r. (2) The Town shall serve a certified copy of said resolution on Bighorn Junction, Ltd., or a successory owner of record indicated in the records of the office of the County Clerk and Recorder of the County of Eagle, State of Colorado; said service shall be accomplished by mailing said resolution to said owner at its last known address by registered or certified Town Jerk Deputy A ~. • Ord. 25, 1974 CJ • Page 16 mail directed to the addressee only with return receipt requested and shall be completed upon the depositing of said letter in a United States Post Office. (3) The public hearing on the matter shall be held not sooner than 90 days after the date of the mailing of said resolution to said owner. (4) At any time after the mailing of said reso- lution or at the public hearing, said owner may serve on the Town its answer to the allegations in said resolution and its request for relief. (5) At the public hearing said owner may appear with or without legal counsel and offer evidence in support of its position. (6) At the public hearing any evidence offered by the Town, said owner, or any interested person or entity, oral or written, shall be received by the Town Council if it is competent, material, and relevant to the issues in the pro- ceeding. (7) Based on all admissible evidence submitted i at the public hearing, including any answer served by said owner prior to or at said hearing, the Town Council shall determine whether to abrogate or modify SD3. (8) A determination to abrogate or modify SD3 shall be accomplished by the enactment of an ordinance at the public hearing or within 30 days thereafter and the serving of a certified copy of it on said owner in the manner prescribed in Subsection J(2) hereof; or, a determination to not abrogate or modify SD3 shall be accomplished by the adoption ~f a reso- lution and the serving of a certified copy of it on said owner in accordance with the aforesaid procedures. Town Clerk, Depu ,~ • • • Ord. 25, 1974 Page 1? K. Addition to Official Zoning !~iap. Special Development District 3 shall be indicated on a map which amends and shall become an addition to the Official Zoning !~iap. Section 4. Effective Date. This ordinance shall take effect five days after pub- lication following the final passage hereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 19th da;~ of November, 1974, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colo- rado, on the 3rd day of December, 1974, at 7:30 P.M., in the Municipal Building of the Town. ATTEST: --c ~~ Depu~Cy Town Cl rk C C~ r ~~ • . • Ord. 25, 1974 Page 18 INTRODUCED, READ ON SECOND READING, APPROVED AS AMENDED, ENACTED, AND ORDERED PUBLISHED ONCE IN FULL, this 3rd day of December, 1974 54ayor ATTEST: Town Clerk .. i .~. Township 5 Colorado, • • ~ ~ EXHIBIT A LEGAL DESCRIPTION A parcel of land being part of Sections 11 and 12, South, Range 80 West of the 6th P.hi., Eagle County, more particularly described as follows: Beginning at a point on a curve and on the East line of said Section 11, said point being S 00°24'28" E 412.80 feet from the Northeast corner of said Section 11; thence Northwes- terly along the Southerly right-of-way line of Federal Highway I-?0 and along the arc of a curve to the left having a radius of 2,705.00 feet a distance of 275.50 feet (the chord of said arc bears N 54°32'28" jV and has a length of 275.30 feet); thence N 59°28'16" W 276.60 feet to the true point of begin- ning; thence S 56°50'09" W 227.87 feet; thence S 46°19'25" E 260.00 feet; thence S 63°08'39" E 103.67 feet; thence S 46°31'52" E 511.01 feet; thence S 46°24'00" E 5.65 feet to a point of intersection of said right-of-way with the East line of said Section 11; thence S 46°24'00" E 555.29 feet to the Southwest Corner of Bighorn Subdivision Third Addition - Amended Plat; thence N 00°10'00" W along the West line of saiii plat a distance of 459.61 feet; thence N 52°11'10" W 220.57 feet; thence N 49°26'40" W 291.51 feet; thence 7.80 feet on the arc of a curve to the left having a radius of 2,705.00 feet (the chord of said arc bears N 51°32'26" W and has a length of ?.80 feet); thence 275.50 feet on the arc of a curve to the left havin~ a radius of 2,705.00 feet (the chord of said arc bears N 51 32'26" W and has a length of 275.30 feet); thence N 59°28'16" W 276.61 feet to .the true point of beginning; a par- cel containing 8.29 acres, more or less. Town C rk, Depu ,. ~ • • BIGHORN JUNCTION, LTD. November 21, 1974 Town Council Town of Vail, Colorado P. 0. Box 100 Vail, Colorado &1657 Re: Special Development District 3 (SD3) Gentlemen: Bighorn Junction, Ltd., a Colorado limited partnership, owner of the parcel of land comprising 8.29 acres in the annexed Bighorn area of the Town of Vail, Colorado, hereby requests that the SD3 zoning district established by Ordinance No. 25, Series of 1974, of the Town of Vail, Colorado, passed on first reading on November 19, 1974, be amended and passed by the Town Council on second reading on December 3, 1974, in the version of said ordinance attached hereto and made a part hereof, and hereby stipulates that the enactment of said ordinance in this form and the SD3 zoning district as thereby established will be acceptable to the owner. Sincerely, BIGHORN JUNCTION, LTD. B s ~~ Y ~' y D./Volzke, General Partner ATTESTED: i L~ Ro alcl andeck , Attorney r Owner 1` ~ ORDINANCE N0. 25 Series of 1974 ~ ~ AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT 3 AND AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP. WHEREAS, Article 1, Section 1.201, of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, established thirteen zoning dis- tricts for the municipality, one of which is the Special Development District; WHEREAS, Articles 1 and 13 of the Zoning Ordinance established Special Development District 1 for the Sunburst development in the Town of Vail, Colorado, hereinafter referred to as the "Town", and Ordinance No. 6, Series of 1974, of the Town of Vail, Colorado, established Special Development District 2 for the Northwoods development in the Town; WHEREAS, Bighorn Junction, Ltd., a Colorado limited partnership, submitted as owner an application requesting that the Town establish Special Development District 3, hereinafter referred to as "SD3", for the development on its parcel of land comprising 8.29 acres in the portion of the Bighorn area, County of Eagle, State of Colorado, which was annexed to the Town effective on the 11th day of September, 1974; WHEREAS, the establishment of the requested SD3 will ensure unified and coordinated development and use of a criti- cal site as a whole and in a manner suitable for the area in which it is situated, and an Environmental Impact Report indi- cates that the development would have minimal negative effects on the Town; and WHEREAS, the Town Council considers that it is rea- sonable, appropriate, and beneficial to the Town and its citi- tens, inhabitants, and visitors to establish said SD3; Tow C1 rk, Depu y Ord. 25, 1974 Page 2 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This ordinance shall be known as the "Ordinance Establishing Special Development District 3". Section 2. Amendment Procedures Fulfilled; Plan- ning Commission Report. The amendment procedures prescribed in Section 21.500 of the Zoning Ordinance have been fulfilled, with the report of the Planning Commission recommending the enactment of this ordinance. Section 3. Special Development District 3 Estab- lished; Amendments to Zoning Ordinance and Official Zoning Map. Pursuant to the provisions of Articles 1, 13, and 21 of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, as amended, Special Development District 3 (SD3), a special development zoning district, is hereby established for the development on a certain parcel of land comprising 8.29 acres in the Bighorn area of the Town, and the Zoning Ordinance and the Official Zoning Map are hereby amended by the addition of the following provisions which shall become the Third Chapter of Article 13, the caption of which shall be "Special Development District 3", and a map which shall become an addition to the Official Zoning Map: A. Purposes. Special Development District 3 is established to ensure comprehensive development and use of an area in a man- ner that will be harmonious with the general character of the Town, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance; Special Development District 3 is created to ensure that the develop- ment density will be relatively low and suitable for the area Tow erk, Dep y • • ~ • • ~ • ~ • Ord. 25, 1974 Page 3 and the vicinity in which it is situated, an Environmental Impact Report indicates that the special development will not have a substantial negative effect on the Town or its citizens, inhabitants, or visitors, the development is regarded as complementary to the Town by the Town Council and the Plan- ning Commission, and there are significant aspects of the spe- cial development which cannot be satisfied through the imposi- tion of standard zoning districts on the area. B. Special Development District 3 Established. (1) Special Development District 3 is established for the development on a parcel of land comprising 8.29 acres in the Bighorn area of the Town as more particularly described in Exhibit A Legal Description attached hereto and made a part hereof; Special Development District 3 and said 8.29 acres may be referred to as "SD3". (2) SD3 shall consist of three separate areas, identified as Development Area A, Development Area B, and Development Area C; Development Area A shall be comprised of approximately 3.70 acres in the western portion of the parcel, of which .70 acre in the westernmost portion of the parcel shall be designated as an open space area; Development Area B shall be comprised of approximately 1.50 acres in the central portion of the parcel; and Development Area C shall be comprised of approximately 3.09 acres in the eastern portion of the parcel. C. Approval of Development Plan Required Prior to Development. (1) Before the developer commences site prepara- tion, building construction, or other improvement of open space within SD3, there shall be an Approved Development Plan for said district and the developer shall have dedicated to the Town .70 acre in the westernmost portion of Development Area A of SD3 as an open space area. Town ~ erk, Dep y •: . • Ord. 25, 1974 • , Page 4 (2) The Proposed Development Plan for SD3 in accordance with Section D hereof shall be submitted by the developer to the Zoning Administrator who shall refer it to the Planning Commission, which shall consider the plan at a regularly scheduled meeting, and a report of the Planning Com- mission stating its findings and recommendations shall be trans- mitted to the Town Council in accordance with the applicable provisions of Article 21 hereof. (3) Upon receipt of the Proposed Development Plan and the Planning Commission report, the Town Council shall determine whether the plan is acceptable to the Town in accor- dance with the applicable provisions of Sections 21.505 and 21.506 hereof. (4) The aforesaid determination by the Town Council shall be made through its enactment of an ordinance amending the provisions of this Chapter in an appropriate man- ner; in the event the Proposed Development Plan is approved it will be incorporated herein as the Approved Development Plan. (5) The Approved Development Plan shall be used as the principal guide for all development within SD3. (6) Amendments to the Approved Development Plan which do not change its substance and which are duly recom- mended in a report of the Planning Commission may be approved by the Town Council by resolution. (7) Each phase of the development shall require the prior approval of the Design Review Board in accordance with the applicable provisions of Article 15 hereof. D. Content of Proposed Development Plan. The Proposed Development Plan shall include but is not limited to the following data: (1) The Environmental Impact Report which was submitted to the Zoning Administrator in accordance with Article 16 hereof. '~~~n " 1 e rk Tow , Dep y • ~ • . • Ord. 25, 1974 Page 5 (2) A Supplemental Environmental Impact Report which brings the original report to a current status and is acceptable to the Zoning Administrator. (3) Existing and proposed contours after grading and site development having contour intervals of not more than 5 feet if the average slope of the site is 20 per cent or less, or with contour intervals of not more than 10 feet if the aver- age slope of the site is greater than 20 per cent. (4) A proposed site plan, at a scale not smaller than 1 inch = 40 feet, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features, such as landscaped areas, recrea- tional facilities, pedestrian plazas and walkways, service entries, driveways, and off-street parking and loading areas. (5) A preliminary landscape plan, at a scale not smaller than 1 inch = 40 feet, showing existing landscape features to be retained or removed, and showing proposed land- scaping and landscaped site development features, such as out- door recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. (6) Preliminary building elevations, sections, and floor plans, at a scale not smaller than 1/8 inch = 1 foot, in sufficient detail to determine floor area, gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed development. (7) A proposed plan of parking, loading, traffic circulation, and transit facilities; and a proposed program for satisfying traffic and transportation needs generated by the development. (8) A volumetric model of the site and the pro- posed development, at a scale not smaller than 1 inch = 50 feet, Town ~ erk, Dep y • . • . ~ Ord. 25, 1974 Page 6 portraying the scale and relationships of the proposed develop- ment to the site and illustrating the form and mass of the pro- posed buildings. (9) An architectural model of each proposed building, at a scale not smaller than 1 inch = 20 feet, portraying design details. (10) A proposed program indicating order and tim- ing of construction phases and phasing of recreational amenities. (11) A proposal regarding the dedication to the Town of .70 acre in the westernmost portion of Development Area A of SD3 as an open space area. E. Permitted Uses. (1) In Development Areas A and C the following uses shall be permitted: (a) Single family residential dwellings. (b) Two family residential dwellings. (c) Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. (2) In Development Area B the following uses shall be permitted: (a) Single family residential dwellings. (b) Two family residential dwellings. (c) Multiple family residential dwellings, including attached or row dwellings and condominium dwellings. (d) Professional offices, business offices, and studios. (e) Banks and financial institutions. (f) Retail stores and establishments, including the following: Apparel stores. Art supply stores and galleries. Bakeries and confectioneries, including preparation of products for sale on the premises. Town ~ erk, Dep y • . • Ord. 25, 1974 Page 7 Book stores. Building materials stores without outdoor storage. Camera stores and photographic studios. Candy stores. Chinaware and glassware stores. Delicatessens and specialty food stores. Department and general merchandise stores. Drug stores and pharmacies. Florists. Food stores. Furniture stores. Gift stores. Hardware stores. Hobby stores. Household appliance stores. Jewelry stores. Leather goods stores. Liquor stores. Luggage stores. Music and record stores. Newsstands and tobacco stores. Pet shops. Photographic studios. Radio and television stores and repair shops. Radio and television broadcasting studios. Sporting goods stores. Stationery stores. Toy stores. Variety stores. Yardage and dry goods stores. Tow`~Sn :el e rk Deputy • . • • Ord. 25, 1974 Page 8 (g) Personal services and repair shops, including the following: Barber shops. Beauty shops. Business and office services. Cleaning and laundry pickup agencies with- out bulk cleaning or dyeing. Coin operated or self service laundries. Small appliance repair shops, excluding furniture repair. Tailors and dressmakers. Travel and ticket agencies. (h) Eating and drinking establishments, including the following: Bakeries and delicatessens with food service. Cocktail lounges, taverns, and bars. Coffee shops. Fountains and sandwich shops. Restaurants. (i) Additional offices, businesses, or ser- vices, determined to be similar to permitted uses in accord with the provisions of Section 21.200 hereof. F. Conditional Uses. (1) In Development Areas A and C the following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accordance with the provisions of Article 18 hereof; (a) Public utility and public service uses. (b) Public buildings, grounds, and facilities. Town C erk, Deputy • . • , • Ord. 25, 1974 Page 9 (c) Public or private schools. (d) Public park and recreation facilities. (2) In Development Area B the following condi- tional uses shall be permitted, subject to issuance of a Con- ditional Use Permit in accordance with the provisions of Arti- cle 18 hereof: (a) Medical and dental clinics, and med- ical centers. (b) Public utility and public service uses. (c) Public buildings, grounds, and facilities. (d) Public or private schools. (e) Public park and re creation facilities. (f) Theatres, meeting rooms, and convention facilities. (g) Commercial laundry and cleaning services. (h) Any use permitted as a permitted use in Subsection E(2) hereof which is not conducted entirely within a building. G. Accessory Uses. (1) In Development Areas A and C the following accessory uses shall be permitted: (a) Attached garages or carports, private greenhouses, swimming pools, tennis courts, patios, or other recreation facilities customarily incidental to permitted residential uses. (b) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 hereof. (c) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. To n lerk De uty ~ ~ ~ ~ Ord. 25, 1974 Page 10 (2) In Development Area B the following acces- sory uses shall be permitted: (a) Private greenhouses, swimming pools, tennis courts, patios, or other recreation facilities custo- marily incidental to conditional residential or lodge uses. (b) Home occupations, subject to issuance of a home occupation permit in accord with the provisions of Section 17.300 hereof. (c) Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. H. Development Standards. The following development standards have been sub- mitted to the Planning Commission for its consideration and recommendations and are hereby approved by the Town Council; these standards shall be incorporated into the Approved Devel- opment Plan pertinent to each Development Area to protect the integrity of the development of SD3; the following are minimum development standards and shall apply unless more restrictive standards are incorporated in the Approved Development Plan which is adopted by the Town Council; where standards are not specifically enumerated herein, the standards set forth in Article 5 hereof shall apply to Development Areas A and C and the standards set forth in Article 10 hereof shall apply to Development Area B: (1) Lot Area and Site Dimensions. SD3 shall consist of three separate areas total- ling 8.29 acres as specified in Subsection B(2) hereof; the pre- cise dimensions and legal descriptions of said three areas shall be specified in the Approved Development Plan; and Development Areas A, B, and C shall be developed in accordance with this and the following development standards. Town erk, Dep y • , • Ord. 25, 1974 Page 11 (2) Setbacks. The required setbacks shall be as indicated on the Approved Development Plan, being a minimum of 20 feet from any site line. (3) Distances Between Buildings. The minimum distances between all buildings on the same site shall be as indicated on the Approved Development Plan, being a minimum of 15 feet, provided that additional separation between buildings shall be required for each 2 feet of building height over 15 feet, calculated on the basis of the average height of the buildings. (4) Height. The maximum height of all buildings shall be 35 feet. (5) Density Control. The floor area of all buildings and number of dwelling units shall not exceed the following provisions: (a) General Density Plan: Development Development Development SD3 Area A Area B Area C Total Maximum total floor area (square feet) 70,500 70,000 59,000 158,000 Maximum number of dwelling units 54 36 46 116 Maximum gross residential floor area (square feet) 56,410 32,670 47,110 126,500 Maximum gross commercial floor area (square feet) none 18,000 none 18,000 (b) Although the aggregate amount of the maximum totals of floor area, dwelling units, and gross residen- tial floor area within Development Areas A, B, and C in the above General Density Plan exceed the SD3 totals, in no event Tow- ~~~~i C erk Deputy ~ • ~ • Ord. 25, 1974 Page 12 shall the aggregate amounts actually developed in all the Development Areas combined exceed the above SD3 totals; the purpose of this arrangement is to permit limited flexibility in the creation of a development plan while restricting the maximum areas and units to the SD3 totals. (c) Of the gross commercial floor area of a maximum of 18,000 square feet in the above General Density Plan proposed to be developed in Development Area B, 9,000 square feet are approved and the remaining 9,000 square feet are conditionally approved; of the approved 9,000 square feet, not more than 4,000 square feet may be used for restaurants and licensed liquor establishments excluding liquor stores; a maximum of 3,000 square feet shall be used by one person or entity for one business, except for restaurants and licensed liquor establishments excluding liquor stores; and before any proposed development can occur with respect to the condition- ally approved 9,000 square feet, the developer shall submit a Supplemental Environmental Impact Report which brings the ori- ginal or previously supplemented report to a current status to the Zoning Administrator who shall refer it to the Planning Commission for its consideration and recommendations, after which the Town Council shall determine whether to permit said development in accordance with the applicable provisions of Sections 21.505 and 21.506 hereof. (d) Not more than 35 square feet of gross residential floor area shall be permitted for each 100 square feet of site area in Development Areas A and C; not more than 50 square feet of gross residential floor area shall be per- mitted for each 100 square feet of site area in Development Area B; provided, however, that not more than 35 square feet of gross residential floor area shall be permitted for each 100 square feet of site area for SD3 and in Development Area B Tow erk, Dep y ~ ~ ~ ~ ~- Ord. 25, 1974 Page 13 gross residential floor area shall not exceed 65 per cent of the gross building floor area; and provided, further, that if the conditionally approved 9,000 square feet of commercial floor area is disapproved pursuant to Subsection H(5)(c) hereof, the total allowable gross residential floor area for Area B in the above General Density Plan shall be permitted. (6) Building Bulk Control. Building bulk, maximum wall lengths, maximum dimensions of building groups, and requirements for wall off- sets and for upper levels of buildings to be stepped back from lower levels, shall be as indicated on the Approved Development Plan; provided, however, that said standards shall not be less restrictive for Development Areas A and C than the specifica- tions under Section 5.506 hereof and for Development Area B than the specifications under Section 10.606 hereof. (7) Site Coverage. Not more than 35 per cent of the total site area shall be covered by buildings. (8) Useable Open Space. (a) Useable open space for multiple family dwellings shall be required as indicated on the Approved Devel- opment Plan, but in no case shall the useable open space requirements be less than the following: 1. A minimum of 1 square foot of useable open space shall be provided for each 4 square feet of gross residential floor area for each dwelling unit. 2. Not less than 150 square feet of useable open space shall be provided for each dwelling unit. (b) Useable open space may be common space accessible to more than one dwelling unit, or may be private space accessible to separate dwelling or accommodation units, or a combination thereof. Towh' erk, Dep y .~ ~ 1 • , • Ord. 25, 1974 Page 14 (c) At least 50 per cent of the required useable open space shall be provided at ground level, exclusive of required front setback areas. (d) At least 75 per cent of the required ground level useable open space shall be common space; the min- imum dimension of any area qualifying as ground level useable open space shall be 10 feet. (e) Not more than 50 per cent of the useable open space requirement may be satisfied by balconies or roof decks; the minimum dimension of any area qualifying as non- ground level useable open space shall be 5 feet, and any such area shall contain at least 50 square feet. (9) Landscaping and Site Development. (a) A minimum of 40 per cent of the total site shall be landscaped in accordance with the Approved Devel- opment Plan; provided, however, that in Development Areas A and B a minimum of 20 per cent of said areas shall be landscaped. (b) The substance and visual integrity of the aspen grove located in the eastern portion of Development Area C and of the coniferous grove located in the western portion of Development Area A shall be preserved; if any of the aforesaid trees must be removed, the developer shall use its best effort to replant or relocate them elsewhere within SD3. (10) Parking and Loading. (a) Offstreet parking shall be provided in accord with Article 14 of this ordinance; at least 35 per cent of the required parking for dwelling units shall be located within the main building or buildings, or within accessory garages. (b) The off-street parking and loading fac- ilities for Development Areas A, B, and C may be located in any area or areas of SD3 as indicated in the Approved Development Plan; it shall not be a requirement of the Approved Development Plan that the off-street parking and loading facilities be located on the same site as the use for which they are required. (c) No off-street parking or loading facility Town erk Dep ty . • •' Ord. 25, 1974 Page 15 shall be located in any required setback area, and no parking or loading shall be permitted at any time in areas designated for recreation or open space use on the Approved Development Plan. (d) Driveways, passenger loading areas, and parking areas not located within a building shall be permitted only as indicated on the Approved Development Plan. I. Recreational Amenities Tax. The recreational amenities tax due for the development within SD3 under Ordinance No. 2, Series of 1974, of the Town of Vail, Colorado, shall be assessed at a rate not to exceed $0.75 per square foot of floor area and shall be paid in con- junction with construction phases and prior to the issuance of a building permit; provided, however, that in the event the Recreational Amenities Tax Ordinance is amended prior to the assessment, said assessment will be imposed in accordance with said ordinance as amended. J. Limitation on Existence of Special Development District 3. Prior to the adoption of the Approved Development Plan, the Town Council reserves to the Town the right to abrogate or modify Special Development District 3 for good cause through the enactment of an ordinance; provided, however, that in the event the Town Council finds it to be appropriate to consider whether to abrogate or modify SD3, the procedures shall be as follows: (1) The Town Council shall adopt a resolution which states the grounds alleged for abrogation or modification and the relief that is sought by the Town and gives notice of the date, time, and place established for a public hearing to be held on the matter before the Council. (2) The Town shall serve a certified copy of said resolution on Bighorn Junction, Ltd., or a successory owner of record indicated in the records of the office of the County Clerk and Recorder of the County of Eagle, State of Colorado; said service shall be accomplished by mailing said resolution to said owner at its last known address by registered or certified Town Jerk Deputy ~ • • Ord. 25, 1974 •. Page 16 mail directed to the addressee only with return receipt requested and shall be completed upon the depositing of said letter in a United States Post Office. (3) The public hearing on the matter shall be held not sooner than 90 days after the date of the mailing of said resolution to said owner. (4) At any time after the mailing of said reso- lution or at the public hearing, said owner may serve on the Town its answer to the allegations in said resolution and its request for relief. (5) At the public hearing said owner may appear with or without legal counsel and offer evidence in support of its position. (6) At the public hearing any evidence offered by the Town, said owner, or any interested person or entity, oral or written, shall be received by the Town Council if it is competent, material, and relevant to the issues in the pro- ceeding. (7) Based on all admissible evidence submitted at the public hearing, including any answer served by said owner prior to or at said hearing, the Town Council shall determine whether to abrogate or modify SD3. (8) A determination to abrogate or modify SD3 shall be accomplished by the enactment of an ordinance at the public hearing or within 30 days thereafter and the serving of a certified copy of it on said owner in the manner prescribed in Subsection J(2) hereof; or, a determination to not abrogate or modify SD3 shall be accomplished by the adoption of a reso- lution and the serving of a certified copy of it on said owner in accordance with the aforesaid procedures. Town`s Cl rk, Depu _ • . • . r Ord. 25, 1974 Page 17 K. Addition to Official Zoning Map. Special Development District 3 shall be indicated on a map which amends and shall become an addition to the Official Zoning Map. Section 4. Effective Date. This ordinance shall take effect five days after pub- lication following the final passage hereof. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of November, 1974, and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colo- rado, on the 3rd day of December, 1974, at 7:30 P.M., in the Municipal Building of the Town. ATTEST: ` -/ ~ F Depu~y Towii Cl r v~ Mayor t' ~ • ~ t Ord. 25, 1974 Page 18 INTRODUCED, READ ON SECOND READING, APPROVED AS AMENDED, ENACTED, AND ORDERED PUBLISHED ONCE IN FULL, this 3rd day of December, 1974 ATTEST: ,~~,~, Towr C1 k •' Township 5 Colorado, • * ~ EXHIBIT A LEGAL DESCRIPTION A parcel of land being part of Sections 11 and 12, South, Range 80 West of the 6th P.M., Eagle County, more particularly described as follows: Beginning at a point on a curve and on the East line of said Section 11, said point being S 00°24'28" E 412.80 feet from the Northeast corner of said Section 11; thence Northwes- terly along the Southerly right-of-way line of Federal Highway I-70 and along the arc of a curve to the left having a radius of 2,705.00 feet a distance of 275.50 feet (the chord of said arc bears N 54°32'28" W and has a length of 275.30 feet); thence N 59°28'16" W 276.60 feet to the true point of begin- ning; thence S 56050'09" W 227.87 feet; thence S 46°19'25" E 260.00 feet; thence S 63°08'39" E 103.67 feet; thence S 46°31'52" E 511.01 feet; thence S 46°24'00" E 5.65 feet to a point of intersection of said right-of-way with the East line of said Section 11; thence S 46°24'00" E 555.29 feet to the Southwest Corner of Bighorn Subdivision Third Addition - Amended Plat; thence N 00°19'00" W along the West line of said plat a distance of 459.61 feet; thence N 52°11'10" W 220.57 feet; thence N 49°26'40" W 291.51 feet; thence 7.80 feet on the arc of a curve to the left having a radius of 2,705.00 feet (the chord of said arc bears N 51°32'26" W and has a length of 7.80 feet); thence 275.50 feet on the arc of a curve to the left havin~ a radius of 2,705.00 feet (the chord of said arc bears N 51 32'26" ~v and has a length of 275.30 feet); thence N 59°28'16" W 276.61 feet to the true point of beginning; a par- cel containing 8.29 acres, more or less. Town C1 rk, Depu ..