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1974- 6 Establishing Special Development District 2 and Amending the Zoning Ordinance of the Town, the Official Zoning Map and the Boundaries of the Zoning Districts pertaining to the area of special development • ~ ~ • t t ORDINANCE N0. 6 Series of 1974 AN ORDINANCE ESTABLISHING SPECIAL DEVELOPMENT DISTRICT 2 AND AMENDING TFiE ZONING ORDINANCE OF' THE TOWN, THE OFFICIAL ZONING MAP, AND THE BOUNDARIES OF THE ZONING DISTRICTS PERTAINING TO THE AREA OF THE SPECIAL DEVELOPMENT WHEREAS, Article 1, Section 1.200, of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, established twelve zoning districts for the Town of Vail, Colorado, hereinafter referred to as the "Town", one of which is a Special Development District; WHEREAS, Article 13 of the Zoning Ordinance established Special Development District 1 for the Sunburst development; WIiEREAS, Vail Associates, Inc., submitted an application requesting that the Town establish Special Develop- ment District 2 and make necessary zoning amendments for its I~lorthwoods development on 7.643 acres in the Gold Peak area of the Town; WHEREAS, the requested rezoning would in effect down- ~.-:or~e the area of the special development as a whole and reduce therein the allowable development density, the development would provide more covered parking for vehicles and more open space than is required under the present zaning, and an Environmental Impact Report. indicates that the development would have minimal negative effects on the Town; WHEREAS, the Planning Commission and the Design Review Board of the Town have duly recommended the establishment of said Special Development District 2; WHEREAS, the Town Council has hold three public hearings on said request and considers that it is reasonable, appropriate, and beneficial to the Town and its citizens to establish said Special Development District 2; and • ~ • . ~ WHEREAS, the request for the establishment of said Special Development District 2 for the Northwoods development has been processed by the Zoning Administrator, Planning Commission, Design Review Board, and Town Council in substantial compliance with the provisions of the Zoning Ordinance; 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 2". Section 2. Purpose of special development district. A special development district is established to assure comprehensive development and use of an area in a manner that will be harmonious with the general character of the Town of Vail, Colorado, provide adequate open space and recreational amenities, and promote the objectives of the Zoning Ordinance of the Town; ordinarily a special district will be created only when the development density will be lower than allowed by the existing zoning, an Environmental Impact Report indicates that the special development will not have a substantial negative effect on the Town or its inhabitants, the development is regarded as complementary to the Town by the Town Council, Planning Commission, and Design Review Board, and there are significant aspects of the special development which cannot be satisfied under the existing zoning. Section 3. Special Development District 2 established. A. Pursuant to the provisions of Articles 1 and 21 of the Zoning Ordinance of the Town of Vail, Colorado, Special Development District 2 is established for the Northwoods development on 7.643 acres as more particularly described in the legal description in Subsection B hereof. A portion of • • ~ . • Block 2, Lot A, and a portion of Tract B, Vail Village Seventh Filing, said portions together containing 5.774 acres, to be known as Development Area A, may be used for development in accordance with Section 9 hereof; the other 1.869 acres in said parcels, to be known as Recreational Area B, shall be reserved for open space, recreational amenities, and if necessary a maximum of 15 overflow parking spaces; and said 7.643 acres shall be referred to as "SD 2". B. The legal description of SD 2 is as follows: A portion of Tract B, Vail Village Seventh Filing, and a portion of Block 2, Lot A, Vail Village Seventh Filing, Subdivision in the Town of Vail, County of Eagle, State of Colorado, more particularly described as follows: Beginning at the most westerly corner of said Tract B thence S 79°20'05" E a distance of 1244.17 feet along the southerly line of said Tract B to the true point of beginning; thence N Ol°19'57" E a distance of 357.45 feet to a point on the southerly right-of-way line of Vail Valley Drive; thence along said southerly right-of-way line for the following 3 courses: (1) S 82°25'03" E a distance of 182.75 feet to a point of curve, (2) thence an arc distance of 286.19 feet along a curve to the left, said curve having a radius of 525 feet, a central angle of 31°14'01" and whose chord bears N 81°57'56" E a distance of 282.66 feet to a point of tangency, (3) thence N 66°20'56" E a distance of 609.71 feet; thence N 68°32'30" E a distance of 54.52 feet; thence S 21°27'30" E a distance of 217.00 feet; thence S 73°54'26" W a distance of 292.34 feet; thence S 81°50'55" W a distance of 245.00 feet; thence S 02°12'40" E a distance of 342.21 feet; thence S 89°42'37" W a distance of 515.00 feet; thence N 79°20'05" W a distance of 135.11 feet to the true point of beginning, ~ ~ ~ ~ ~ containing 332,913.41 square feet or 7.643 acres, more or less. Section 4. Development within the special district. A. The Development Plan of Vail Associates, Inc., for its Northwoods development, which is a part of its said application, is approved, incorporated by reference herein, and made a part of Special Development District 2, and con- stitutes a general plan which shall be complied with for the development within the special district. B. Amendments of the Development Plan shall be approved by the Town Council by resolution. C. Each phase of the development shall require the approval of the Design Review Board of the Town, pursuant to the provisions of Article 15 of the Zoning Ordinance, before the commencement of site preparation, building construction, or other improvement of open space within the special district by the developer in accordance with`the Development Plan. Section 5. Content of Development Plan. The Development Plan includes but is not limited to the following data: A. The Environmental Impact Report which was submitted to the Zoning Administrator in accordance with Article 16 of the Zoning Ordinance. • • • • • B. Existing and proposed contours after grading and site development having contour intervals of not more than 2 feet where the average slope on the site is 25 per cent or less, and contour intervals of not more than 5 feet where the average slope on the site is greater than 25 per cent; supple- mental documentation of proposed contours shall be submitted to the Zoning Administrator with the plans for each phase of the development. C. A site plan, at a scale of 1 inch equals 30 feet or larger, showing the locations and dimensions of all buildings and structures, uses therein, and all principal site development features such as landscaped areas, recreational facilities, pedestrian plazas and walkways, service areas, driveways, and off-street parking anal loading areas. D. A preliminary landscape plan, at a scale of 1 inch equals 30 feet or larger, showing existing landscape features to be retained or removed, and showing proposed landscaping and landscaped site development features such as outdoor recreational facilities, bicycle paths, trails, pedestrian plazas and walkways, water features, and other elements. E. Preliminary building elevations, sections, and floor plans, at a scale of 1/8 inch equals 1 foot or larger, in sufficient detail to determine gross residential floor area, interior circulation, locations of uses within buildings, and the general scale and appearance of the proposed buildings shall be submitted or_ a phase basis. F. An architectural model of the site and the proposed development, documented by photographs, at a scale of 1 inch equals 30 feet or larger, portraying the scale and relationship of the development to the site, and illustrating the form and mass of structures in the development. • • • . ~ G. Since phased construction is contemplated, a program must be submitted indicating order and timing of construction phases, phasing of recreational amenities, and proposals for interim development. Section 6. Permitted uses in special district. The following uses shall be permitted: A. A maximum of 129 dwelling units. B. A maximum of 6 dwelling units to house on-site management personnel. Section 7. Conditional uses in special districts. The following conditional uses shall be permitted, subject to issuance of a Conditional Use Permit in accordance with the provisions of Article 18 of the Zoning Ordinance: A. Private clubs and civic, cultural, and fraternal organizations. B. Ski lifts and tows. C. Public buildings, grounds, and facilities. D. Public park and recreational facilities. Section 8. Accessory uses in special district. The following accessory uses shall be permitted. A. Private underground garages, swimming pools, patios, or recreational facilities customarily incidental to permitted residential uses. B. Meeting room and ancillary facilities not to exceed 3,000 square feet of floor area. C. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 17.300 of the Zoning Ordinance. D. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. ~--. t_ • • • • ~ Section 9. Development standards. The following development standards are required in the special district: A. Lot area and site dimensions. The special district shall consist of two development areas totalling 7.643 acres as specified in Section 3 hereof. B. Setbacks. The required setbacks shall be as indicated in the Development Plan, being- a minimum of 10 feet. C. Distances between Buildings. The minimum distances between all structures shall be as indicated in the Development Plan, being a minimum of 30 feet. D. Height. The maximum height of buildings shall be 45 feet. ~;. Density Control. The combined gross residential floor area (GRFA) of all buildings constructed in the special district shall not exceed 175,000 square feet. F. Building Bulk Control. The maximum length of any wall of a building face shall be 175 feet with a minimum offset of 7 1/2 feet for every 80 feet of wall length; and the maximum distance in the same plane between any twa corners of a building shall be 225 feet. G. Site Coverage. Not more than 25 per cent of the total site area may be covered by buildings. ~ • • • • H. Useable Open Space. 1. Useable open space for dwelling units shall be required as indicated in the Development Plan, but in no case shall the useable open space requirements be less than: a. A minimum of 1 square foot of useable open space for each 4 feet of gross residential floor area. b. Not less than 150 square feet of useable open space shall be provided for each dwelling unit. 2. Useable open space may be common space accessible to more than one dwelling unit, or private space accessible to separate dwelling units, or a combination thereof. At least 50 per cent of the required useable open space shall be provided at ground level, exclusive of required front setback areas. 3. At least. 75 per cent of the required ground level useable open space shall be common space. The minimum dimension of ar~y area qualifying as ground level useable open space shall be 10 feet. 4. 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. I. Landscaping and Site Development. At least 60 per cent of the total site area shall be landscaped as provided in the Development Plan. J. Parking and Loading. 1. The quantity of off-street parking and loading facilities shall be provided in accordance with Article 14 of the Zoning Ordinance. • • • • • 2. At least 85 per cent of the required parking shall be located within the main building or buildings, or beneath accessory decks, terraces, or plazas, and shall be completely enclosed and screened from view; and provided, further, that no required parking shall be exposed surface parking unless such is necessary and approval therefor is obtained from the Planning Commission of the Town. 3. No parking or loading area shall be located in any required front setback area. Section 10. Rezoning of portion of Block 2, Lot A, Vail Village Seventh Filing, not included in SD 2. The portion of Block 2, Lot A, Vail Village Seventh Filing, which is not included in SD 2, shall be rezoned as Single Family Residential or Residential within a reasonable time. Section 11. Recreational Amenities Tax. The recreational- amenities tax due for the Northwoods development under Ordinance P1o. 2, Series of 1974, of the Town of Vail, Colorado, shall be assessed at the rate of $0.75 per square foot of gross residential floor area and shall be paid on a phase basis. Section 12. Amendment of Zoning Ordinance, Official Zoning Map, and pertinent zoning districts. A. This ordinance, which establishes Special Development District 2 and sets forth provisions applicable thereto, constitutes an amendment of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the `.Pawn of Vail, Colorado, and requires that the Official Zoning Map and the boundaries of the zoning districts pertaininq to the area of the special development be amended to indicate the establishment of said special district, and Zoning Administrator is hereby directed to promptly have said map physically modified in accordance with said amendments. •. . • ~ • B. The provisions of this Ordinance shall become the second chapter of Article 13 of the Zoning Ordinance; the caption of Article 13 is amended to read "Special Development District"; and the caption of the first chapter of Article 13 shall be "Special Development District 1"; and the caption of the second chapter of Article 13 shall be "Special Development District 2". Section 13. Effective date. This ordinance shall take effect five days after publication following the final passage hereof. IT IS HEREBY CERTIFIED that on the 16th day of April, 1974, this ordinance was introduced, read on first reading, approved, and ordered published once in full and a public hearing was scheduled at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 4th day of June, 1974, at 7:30 P.M., in tre Municipal Building of the Town. INTRODUCED, READ ON SECOND READING, APPROVED AS AMENDED, ENACTED, AND ORDERED PUBLISHED ONCE TN FULL, this 4th day of June, 1974. ATTEST: l ~~ Town Clerk ~ ayor • ~ • ~ .. CERTIFICATE Oi= DISPOSITION OF ORDINANCE IT IrS HEREBY CERTIFIED purusant to the Charter of the Town of Vail, Colorado, Article IV, Section 4.14, that Or- dinance fro. ~ Series of 1974, to the original of which this certificate is affixed, was duly adopted on second~f,~/ reading by the Town Counci I at its regu I ar meeting on the `'/ "'" _ day of ~~~~'~ 1974, its adoption was authenticated ~ by the s gn i lures of the P~layor and the Town Clerk, and sal d ordinance was duly published in full after said ado tion in ~ .. The Vai I Trai I newspaper on the ~/%lh~ day of , 1974, as indicated by the certificate of publication of said newspaper which is attached to the original of'said ordinance, and accordingly on the date hereof said ordinance was duly re- corded in the official records of ordinances of the Town of Vail, Colorado. DATED ; Va i I , Co I orado, th i s ~%'~" day of ~JI,,~ 1974. Town I~~ Q J '. I •