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HomeMy WebLinkAbout2012-22PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 8th day of May, 2013. ^^ Witness my hand and seal this day of Y Y )L--) my m 4wn of V ' Deputy Clerk (seal) 0 SEAL , 2013. ORDINANCE NO. 22 SERIES OF 2012 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF THE VAIL GOLF COURSE PARKING LOT FROM THE GENERAL USE DISTRICT TO THE OUTDOOR RECREATION DISTRICT, LOCATED AT 1775 SUNBURST DRIVE/LOT 3, SUNBURST FILING 3, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, Lot 3, Sunburst Filing 3, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "subject property") is part of the Vail Golf Course; WHEREAS, the subject property is the site of a portion of the existing golf course parking lot; WHEREAS, the adjacent unplatted Vail Golf Course property (the "adjacent unplatted Vail Golf Course property") is the site of the remainder of the golf course parking lot, clubhouse, driving range, starter's shack, numerous golf holes, various accessory buildings, and winter Nordic facilities; WHEREAS, in 1972, the Vail Golf Course, including the subject property and the adjacent unplatted Vail Golf Course property, were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town's archives, the adjacent unplatted Vail Golf Course property appears to have been subsequently zoned Agriculture District; WHEREAS, in 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the subject property; WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The adjacent unplatted Vail Golf Course property site was subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the Sunburst Development, which included the subject property; Ordinance No. 22, Series 2012 -1- WHEREAS, on August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the subject property from Special Development District No. 1 to the Public Use District; WHEREAS, on September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the subject property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re -subdivision of Sunburst Filing 2; WHEREAS, in January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch; WHEREAS, on October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Use District. This ordinance also established a new zone district named the Outdoor Recreation District; WHEREAS, on November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Certain areas of the Vail Golf Course, including the adjacent unplatted Vail Golf Course property, were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow "golf course" as a permitted use. WHEREAS, the subject property and the adjacent unplatted Vail Golf Course property are currently zoned different districts, General Use District and Outdoor Recreation District respectively; WHEREAS, the purpose of this ordinance is rezone the subject property to be the same district as the adjacent unplatted Vail Golf Course property; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the golf course parking lot, located at 1775 Sunburst Drive/lot 3, Sunburst Filing 3, from General Use District to Outdoor Recreation District; WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment; NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: Ordinance No. 22, Series 2012 -2- A rezoning of Lot 3, Sunburst Filing 3, from the General Use District to the Outdoor Recreation District. Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21 st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 22, Series 2012 -3- Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 22, Series 2012 -4- S/ l a r. _ •aw �F I '.! ��\ `" a �`•x i \ i. �- r.. -= ` _dL �n S'Y'lt gyp• � - ... r s W PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 22 Series of 2012, on the Town of Vail's web site, www.vailgov.com, on the 22"d day of May, 2013. Witness my hand and seal this ' day of l� , 2013. Tamil y�Nagel T.Ot�I; lTown-f Vail Depuu�blerk ; ' sealj'•-;0�,. . . S?: •- • � � r- ORDINANCE NO. 22 SERIES OF 2012 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF THE VAIL GOLF COURSE PARKING LOT FROM THE GENERAL USE DISTRICT TO THE OUTDOOR RECREATION DISTRICT, LOCATED AT 1775 SUNBURST DRIVE/LOT 3, SUNBURST FILING 3, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule Town duly existing under the Constitution and laws of the State of Colorado and its home rule charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; WHEREAS, the subject property, Lot 3, Sunburst Filing 3, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, (the "subject property") is part of the Vail Golf Course; WHEREAS, the subject property is the site of a portion of the existing golf course parking lot; WHEREAS, the adjacent unplatted Vail Golf Course property (the "adjacent unplatted Vail Golf Course property") is the site of the remainder of the golf course parking lot, clubhouse, driving range, starter's shack, numerous golf holes, various accessory buildings, and winter Nordic facilities; WHEREAS, in 1972, the Vail Golf Course, including the subject property and the adjacent unplatted Vail Golf Course property, were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is not clear from the Town's archives, the adjacent unplatted Vail Golf Course property appears to have been subsequently zoned Agriculture District; WHEREAS, in 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision which included the subject property; WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In establishing comprehensive regulations, this ordinance created 12 new zone districts including the Agriculture and Open Space District. The adjacent unplatted Vail Golf Course property site was subsequently rezoned to the Agriculture and Open Space District. This ordinance also established Special Development District No. 1 for the Sunburst Development, which included the subject property; Ordinance No. 22, Series 2012 -1- WHEREAS, on August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which rezoned the subject property from Special Development District No. 1 to the Public Use District; WHEREAS, on September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which established the subject property as Lot 3. On December 20, 1977, the Town of Vail approved the final plat for Sunburst Filing 3, a re -subdivision of Sunburst Filing 2, WHEREAS, in January of 1984, the Town of Vail purchased the Vail Golf Course property from the Pulis Ranch; WHEREAS, on October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In part, this ordinance repealed the Public Use District and reestablished it as the General Use District. This ordinance also established a new zone district named the Outdoor Recreation District; WHEREAS, on November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of 1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor Recreation District, or General Use District. Certain areas of the Vail Golf Course, including the adjacent unplatted Vail Golf Course property, were rezoned from the Agriculture and Open Space District to the new Outdoor Recreation District. This ordinance also amended the Outdoor Recreation District to allow "golf course" as a permitted use. WHEREAS, the subject property and the adjacent unplatted Vail Golf Course property are currently zoned different districts, General Use District and Outdoor Recreation District respectively; WHEREAS, the purpose of this ordinance is rezone the subject property to be the same district as the adjacent unplatted Vail Golf Course property; WHEREAS, on October 22, 2012, and on November 12, 2012, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the golf course parking lot, located at 1775 Sunburst Drive/lot 3, Sunburst Filing 3, from General Use District to Outdoor Recreation District; WHEREAS, on November 12, 2012, the Town of Vail Planning and Environmental Commission forwarded a recommendation of approval to the Vail Town Council for the zone district boundary amendment; NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: Ordinance No. 22, Series 2012 -2- A rezoning of Lot 3, Sunburst Filing 3, from the General Use District to the Outdoor Recreation District. Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the evidence and testimony presented in consideration of this ordinance, the Vail Town Council finds and determines the follows: a. The zone district boundary amendment is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; b. The zone district boundary amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and, c. The zone district boundary amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of May, 2013, and a public hearing for second reading of this Ordinance set for the 21st day of May, 2013, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 22, Series 2012 -3- Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21st day of May, 2013. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 22, Series 2012 -4- c fRUY -miE RO F i �N YP m .-. w� c 1'RONtsL'E RU F .*, 7 '^ �n •M1• . - '�� w . SS I t{ EA ir ' fw- -IV Y�