Loading...
HomeMy WebLinkAbout2017-11PROOF 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.11, Series of 2017, First Reading, on the Town of Vail's web site, www.vailciov.com, on the 16th day of August, 2017. Witness my hand and seal this 16th day of August, 2017. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 11 SERIES OF 2017 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 Ordinance No. 11, Series 2017 -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 August 14, 2019 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. 11, Series 2017 -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 15t" day of August, 2017, and a public hearing for second reading of this Ordinance set for the 5t" day of September, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -3- READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of September, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -4- Exhibit A PRDPERIY DESCRIP1101,1 That part of Pomel 1, Golden Peok Ski goes and Recreation ❑IstrioL Pare-1, card ing ding to the mop thweof recorded in the office of the Eagle County, Colorado, Clerk rind Recorder, described oe follows; Dagrnning at a point on the northerly boundary of card Parcel 1, also being the southerly right of wuy of Vol Volley Drive, whence the northecstedy comer gf said Parcel 1 mmmgn with the northwastedy canner of Pinoa del Norte Condominiums, according to this map thereof recorded in the affloe of the Eagle County Colorado, Clerk and Recorder, bears S62'1922'E 57.51 feet; Wmoa deporting said line 52256'64iV 139.33 feet, thence n57TV56V 177.42 feet; thence N22'50'04'E 134.17 feet to sold northerly boundary of Parcel 1; thence along sold boundary S5721J'1>4-'E 24.42 feat to the ngrthxsaterfy cgmsr gf the Ski and Snpwbgurd Club Vail Parcel as recorded in Book 247, Page 19, in ths Write of ths Engle County, Colorado, Clerk and Recorder, thence the following 3 courses alone the rrsatsdy, vouthsdy, and castsrfy Ilnas of mid Ski onel Snowboard Club Vdl Peraal- 1] 53D'39'56"W 90.UD feet; 2} SS710'34'E 16128 feet; 3) N0735'59"E 90M fset; thsncs along said northerly Ilne of Parcel 1 38T19'22'E 311_18 feet; to the poinL of beginning, containing 6.2575 ac , mom ar less Stan H ld "i CWlorod 1�iP�!� 26586 , Eagle 'S^Y Surveying, Date:_ �l2. H4 . n LOR Ro a' 100' 2a0' SCALE: V� P` 55♦l2QOQ4'E { SKI AND SNOWROAR❑ CLUB VAIL S3C139' 13'W (WOK 247. PAGE I M.) 9D �0 213.42 582'19'22'E E.89, N2256'�4�E 9_fe 134.17 67,51 NOT35'59'E 90.Ono, T }a, 0 DESCRIBED PARCEL `Br 0,258 ACRES PINGS DEL 3$ NORTE PARCEL 1 w GOLDEN PEAK SKI BASE & RECREATION DISTRICT PARCEL 4 I JOB No.1a9B Ordinance No. 11, Series 2017 -5- Zone District Amendment Proposal Part of Parcel 9, Golden Peak Ski Base and Recreation District Parcel 460 Vail Valley Drive se;�,P,oPeN ru0�t t a 125 zso Ordinance No. 11, Series 2017 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.11, Series of 2017, Second Reading, on the Town of Vail's web site, www.vailaov.com, on the 6th day of September, 2017. Witness my hand and seal this 6th day of September, 2017. (:�:10--�11 Tammy Nagel Deputy Clerk ORDINANCE NO. 11 SERIES OF 2017 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 Ordinance No. 11, Series 2017 -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 August 14, 2019 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. 11, Series 2017 -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 15t" day of August, 2017, and a public hearing for second reading of this Ordinance set for the 5t" day of September, 2017, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -3- READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 5th day of September, 2017. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Ordinance No. 11, Series 2017 -4- Exhibit A PROPERT7 ❑ESCRIP116N That part of Parcel 1, Golden Peak Ski 9nee and Recreation District Porocl, a carding to the mop thereof recorded in the office of the Eagle County, Colorado, Clerk and Recorder, deecribed ee follows; aegrnning at a point on the northerly boundary of card Parcel 1, also being the eoutherly right of way of Vail Valley Dr-r , whence the northcastedy comer of said Parcel 1 wmmun w th the northwaatarly turner of Pines del Norte Condominiurrla, according to the map thereof retarded in the offlce of the Eagle County Colorado, Clerk and Recorder, beam SUT1922'E 57.51 feet; khmm deporting said line 5225G'64i4 13933 feet; thence Mfi7'l)W5WW 177.42 feed thence N22'50'04'E 134.17 feet to sold northerly boundary of Parcel 1; thence along sold boundary S`i•9'24'44'E 24.42 fact to the northw=bariy comer of the Ski and Snowbaard Club Vail Parcel as recorded in Book 247. Page 18, in tha office of the Engle County, Colorado, Clerk and Recorder, thence the following 3 couraee alone the ucetedy, southerly, and eastcrly linos of said Ski and Snowboard Club Vdl Poreal: 1) 530'39'36VI gaXD feet; 2) 5E71634'E 155.28 feet; 3) N07353WE 90M feet; thence along said northerly line of Parcel 1 38719'22"E 39.161 feet; to the point. of beginning, containing 0.2579 mores, mom or leas. Stan Color Eagle oats .S. Z5505 Surveying., In �j a' SCALE: V� BAR{ s i200Q4'E SKI AND SNOWBOARD CLUB VAIL S3C139' fi'W "K 247, PAGE 19) 90.00h 2U 42 592'19'22'E N2F56'Dd'E 9 T5 134.17. N0735'59'E 67,51 90.00' Tip, 0 OE3CRIEIE11 Z PARCEL r8 7 J 0.258 ACRES 6 PINGS DEL B 3} �' NORTE PARCEL 1 GOLDEN PEAK SKI BASE & RECREATION DISTRICT PARCEL JOB No. 1096 Ordinance No. 11, Series 2017 -5- Zone District Amendment Proposal Part of Parcel 1, Golden Peak Ski Base and Recreation District Parcel 460 Vail Valley Drive 41t. R a 125 250 Last Waditd, O-W 29, 2014 TWO M00,om, / Ordinance No. 11, Series 2017 -6-