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Home My WebLink About2014-17PROOF 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. 17 Series of 2014, on the Town of Vail's web site, www.vailciov.com, on the 5th day of November, 2014. Witness my hand and seal this day of , 2014. Ta my Na el Depp-Et6rk (seal) ORDINANCE NO. 17 SERIES OF 2014 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, /TO ALLOW FOR A REZONING OF A PORTION OF PARCEL 1 OF THE GOLDEN/PEAK SKI BASE AND RECREATION DISTRICT PARCEL SUBDIVISION FROM Ski BASE RECREATION DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 460 VAIL VALLEY DRIVE/PARCEL 1, GOLDEN PEAK SKI BADE AND RECREATION DISTRICT PARCEL SUBDIVISION, 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"); and, WHEREAS, the members of the Town Council of the Townl, (the "Council") have been duly elected and qualified; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary; and, WHEREAS, the subject property, described in Exhibits A and B, attached hereto and incorporated herein by this reference, (the "subject property"); and, 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; and, WHEREAS, Vail Resorts, Inc., intends to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel; and, WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject property from Ski Base Recreation District to Ski Base Recreation 2 District; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the zone district boundary amendment; and, WHEREAS, the Vail Town Council finds and determines that the amendment is Ordinance No. 17, Series 2014 - 1 - consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote 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. 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 Exhibits A and B: A rezoning from the Ski Base Recreation District to Ski Base Recreation 2 District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, has not been properly recorded by October 27, 2016 the rezoning set forth in Section 2 hereof shall not take effect. Section 3. 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. Ordinance No. 17, Series 2014 -2- d. This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. 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 5. 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 6. 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 4th day of November, 2014, and a public hearing for second reading of this Ordinance set for the 18th day of November, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 17, Series 2014 -3- READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18th day of November, 2014. Andrew P. Daly, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 17, Series 2014 -4- Exhibit A PROPERTY DESCRIFTON That part of Pomel 1, T9elden Peak Ski Base and Recreation District Parcel, according to the mop thereof recorded In the office of the Eagle County, Colorado, Clerk and Recorder, described as rollowc; Begrnning at a point on the northerly boundary of said Parcel 1, also being the southerly right of way of Vail Valley Orwe, whence the northemtedy comer at said Parcel 1 common with the northwesterly earner of Pines del Norte Condominiums, according to the map thereof recorded in the office of the Eagle County Colorado, perk and Recorder, bears S0271922'E 137.51 fact; thmm departing said line 52250'D4 UV 139.33 feel; thence NB7D9'56%r 177.42 feet; thence N22'50'04'E 134.17 feet to Bald northerly boundary of Parcel 1; thence along Bald boundary 55720WE 20.42 fact to the northwesterly comer at the Ski and Snowboard Club Vail Parcel as recorded in Back 247. Page 16, in tha office of the Eagle County. Colorado. Clark and Recorder, thence the following 3 courses alone the wceterly, eautherly, and cautery lines of cord Ski and 5nowboard Club Vail Parcel: 1) 53739'76V BO.OD feet; 2) 5571D'34'E 165,28 feet; 3) N0735'59'E 90.00 feet; thence clang sold northery line of Parcel 1 58719'22E 39.18 feet; to the point of beginning, containing D.2579 okra, mere or less. i F _ Stan H fold �S Colored P.L' 'ZB588 Eaglc 1 5 y1iTg:%I�. ;!!iM l� D' fool 20D' SCAM 1'—too-' V� Per} SKI AND SNOWBOARD CLUB VAIL S3U39' 6'W (BOOK 2-47, PACE 16) 9D.00 582.19'22'E 9.99, 9. T8 67 51' -• - --•� N073650 E 80.00' ~�` T7p• o DMRISED PARCEL *- ras,q o,25B ACRES A8 an PINOS 7>>,Qz• � NORTEEL �A, m PARCEL 1 $i GOLDEN PEN( SKI BASE k RECREATION DISTRICT PARCEL ` 4 Ordinance No. 17, Series 2014 -5- JOB No. 1098 T7 ! -~sL 1ti 1 xfi 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. 17 Series of 2014, on the Town of Vail's web site, www vailoov.com, on the 19" day of November, 2014 Witness my hand and seal this PI day of (—)O- >Y_r/ 2014. (TamMy)Nage) Deputy Clerk (seal) ORDINANCE NO. 17 SERIES OF 2014 AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A REZONING OF A PORTION OF PARCEL 1 OF THE GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL SUBDIVISION FROM SKI BASE RECREATION DISTRICT TO SKI BASE RECREATION 2 DISTRICT, LOCATED AT 460 VAIL VALLEY DRIVE/PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL SUBDIVISION, 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), and, WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and, WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures for amending a zone district boundary, and, WHEREAS, the subject property, described in Exhibits A and B, attached hereto and incorporated herein by this reference, (the "subject property"); and, 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; and, WHEREAS, Vail Resorts, Inc., intends to transfer the subject property to the Ski and Snowboard Club Vail so that it may be combined with the existing Ski and Snowboard Club parcel, and, WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the redevelopment of the Ski and Snowboard Club Vail Clubhouse; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission held a public hearing on the zone district boundary amendment to rezone the subject property from Ski Base Recreation District to Ski Base Recreation 2 District; and, WHEREAS, on October 27, 2014, the Town of Vail Planning and Environmental Commission forwarded a unanimous recommendation of approval to the Vail Town Council for the zone district boundary amendment, and, WHEREAS, the Vail Town Council finds and determines that the amendment is 0,dma No 17, Series 2014 _1_ consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the town; and, WHEREAS, the Vail Town Council finds and determines that the amendment to the Town Code furthers the general and specific purposes of the Zoning Regulations; and, WHEREAS, the Vail Town Council finds and determines that the amendment promotes the health, safety, morals, and general welfare of the town and promote 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 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 Exhibits A and B. A rezoning from the Ski Base Recreation District to Ski Base Recreation 2 District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, is properly recorded with the Eagle County Clerk and Recorder, provided that, if the Final Plat for the Golden Peak Ski Base and Recreation Parcel Subdivision, creating Parcel 3, has not been properly recorded by October 27, 2016 the rezoning set forth in Section 2 hereof shall not take effect Section 3. 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. Ordinance No 17, Series 2014 -2- d This ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof Section 4 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 5. 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 _ 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 INTROD CED, READ ON IRST READIN_, APPROVED, AND ORDERED PFB-]SHED ONCE IN - ON i IRST READIN this 4" day of November, 2014, and a public hearing for second reading of this Ordinance set for the 18'h day of November, 2014, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTESTi Patty McKenny, Town Clerk Ord,n.n a Na 17, Series 2014 -3- READ AND APPROVED ON SECOND READINi AND ORDERED P_ BUSHED this 18In day of November, 2014 Andrew P. Daly, Mayor ATTEST Patty McKenny, Town Clerk Ordinance No 17 Series 2014 -4- Exhibit A —d I a ,.wb.e ". an.. a u. raI °.;ar..1i clna — ki—,e., ...I", m u 'eir, - ma re,HN, an^i9 a .ma I ... I I a. abq m. WIaar rli a i,v Gf wv wnvanes.. v a'M. vaN. nwgn.oanv wn., ... P..I m .« a. ,adh nv e«wn of Pna eN IbIY conWm.Lm. —ai 1° la nW meedi •e o. eXls..1 h. si or.nss.�d�MM..]a.M G�e INxN«X 6 ,, . a, 1 .i sa— N221 GE 11« F—I 1: n.w. Gana .la M..n ssszuw E zo is . 1....e whw Qom.. a u. sG .d mG.w.e aw Poll Pe..I e...�N.1 In 9ed ]n. Pais 11, m rn. I— er rn. aii C—ai,, bl«..a el. mG P...wer. on n Ov b6.NingwJ �e G=,nlGn„e fu �Qoy..wtnnls. Q'i pi Inu Gf ne,P9Ml.q TJn°N6S)5'Sq'E tl00 LdoGlbnc. d9 ufG wrinvN Il" M P-1 E —1. n4 >9_1e p m fq•nn.g ixemmq tall. ee.n. mart e, kv II,I • � Dai PL zss. mw_ �! f/r/nr �• D• IDD' zoo' _M—M—— seas r-Im' SKI ME SMCA9(WA CLL9 VNL S0 S6Y' DJ�it�e'na;i (.me ]q PKF IE) �� Iwrx'svE f ns � _� PINDS DEL wii PAP6EL 1 L GXDEN PE SKI SaY R 4 RECRGPDN DISfRICr PARCEL — JOB No 1098 Ordinance No 17 Series 2014 -S- Zone Drstncr Amendment Proposal Part of Pa lc el I Golden Peak Skr Base and Recreation Dostncr Parcel 460 Vail Valley Orrve Ordinance No 17 Series 2014