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;
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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
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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.
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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.
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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,
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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.
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Book stores.
Building materials stores without outdoor
storage.
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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.
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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
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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.
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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.
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(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
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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
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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.
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(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
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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
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Ord. 25, 1974
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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.
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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~
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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,
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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
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• ~ • ~ •
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,
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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,
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• . • . ~
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,
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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
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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,
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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
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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
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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,
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•
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
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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
..