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HomeMy WebLinkAbout2019-18PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2019, First Reading, on the Town of Vail's web site, www.vailciov.com, on the 20th day of November, 2019. Witness my hand and seal this 20th day of November, 2019. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 18 SERIES OF 2019 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 A, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FILING NO. 1. THE REZONING WILL CHANGE THE ZONE DISTRICT FROM GENERAL USE (GU) DISTRICT TO THE HOUSING (H) DISTRICT, 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, described in Exhibit A, attached hereto and incorporated herein by this reference, (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; WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the property known as 2420 Chamonix Lane; WHEREAS, on October 28, 2019 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; WHEREAS, the Vail Town Council finds and determines that the amendment is 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; 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: Ordinance No. 18, Series 2019 -1- Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: General Use (GU) District to the Housing (H) District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, has not been properly recorded by December 3, 2024 the rezoning set forth in Section 1 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, 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 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 Ordinance No. 18, Series 2019 -2- 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 19th day of November, 2019, and a public hearing for second reading of this Ordinance set for the 3rd day of December, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of December, 2019. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 18, Series 2019 -3- Exhibit A Portions of Parcel A to be rezoned from General Use (GU) District to the Housing (H) District. EXHIBIT PARCEL A, A RESUBDIVISION OF TRACT D A RESUBDIVISION OF VAIL DAS SCHONE FILING No. I TOWN OF VAIL, EAGLE COUNTY, COLORADO SCALE: 1' POINT BEGINNI Gore Range Surveying, LLC n.or,. is iV]Ci �]4-m9a • la, iV1Gi �14,M5: Ordinance No. 18, Series 2019 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF PARCEL A, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FIUNG No. 1, ACCORDING TO THE PLAT THEREOF RECORDED MAY 23, 2011 UNDER RECEPTION No. 2011D9106 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERNMOST CORNER OF SAID PARCEL A; THENCE N57.32'29'E 140.88 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL A; THENCE DEPARTING SAID WESTERLY BOUNDARY S 12'42'48"W 106.54 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL A; THENCE N73'28'08"W 99.54 FEET ALONG SAID SOUTHWESTERLY BOUNDARY TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.1215 ACRES, MORE OR LESS. Z� J PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2019, Second Reading, on the Town of Vail's web site, www.vailciov.com, on the 7th day of December, 2019. Witness my hand and seal this 7th day of December, 2019. rI I I I �104 k�v Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 18 SERIES OF 2019 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 A, A RESUBDIVISION OF TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FILING NO. 1. THE REZONING WILL CHANGE THE ZONE DISTRICT FROM GENERAL USE (GU) DISTRICT TO THE HOUSING (H) DISTRICT, 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, described in Exhibit A, attached hereto and incorporated herein by this reference, (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; WHEREAS, the purpose of the amendment is to establish a development site with uniform zoning for the property known as 2420 Chamonix Lane; WHEREAS, on October 28, 2019 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; WHEREAS, the Vail Town Council finds and determines that the amendment is 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; 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: Ordinance No. 18, Series 2019 -1- Section 1. This ordinance adopts the following zone district boundary amendment as further described in Exhibit A: General Use (GU) District to the Housing (H) District Section 2. Condition Precedent and Expiration The rezoning set forth in Section 1 hereof shall take effect on the date that the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Subdivision Plat, Chamonix Vail Community Parcels A, C and E, has not been properly recorded by December 3, 2024 the rezoning set forth in Section 1 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. 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 Ordinance No. 18, Series 2019 -2- 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 19th day of November, 2019, and a public hearing for second reading of this Ordinance set for the 3rd day of December, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of December, 2019. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk Ordinance No. 18, Series 2019 -3- Exhibit A Portions of Parcel A to be rezoned from General Use (GU) District to the Housing (H) District. EXHIBIT PARCEL A, A RESUBDIVISION OF TRACT D A RESUBDIVISION OF VAIL DAS SCHONE FILING No. I TOWN OF VAIL, EAGLE COUNTY, COLORADO SCALE: 1' POIN' BEGIN P�00 LICE o ..0 n� 30091 -,10/30/2019 C'Y�L LAN�y Gore Range Surveying,LLL NSMMn,(D �•n�ac. —i.noo5s Ordinance No. 18, Series 2019 PARCEL DESCRIPTION: A PARCEL OF LAND SITUATED IN A PART OF PARCEL A, A RESUBDAASION OF TRACT D. A RESUBOMSION OF VAIL DAS SCHONE FILING No. 1, ACCORDING TO THE PLAT THEREOF RECORDED MAY 23, 2011 UNDER RECEPTION No. 201109106 IN THE OFFICE OF THE EAGLE COUNTY CLERK AND RECORDER, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERNMOST CORNER OF SAID PARCEL A; THENCE N57'32'29'E 140.88 FEET ALONG THE WESTERLY BOUNDARY OF SAID PARCEL A; THENCE DEPARTING SAID WESTERLY BOUNDARY S 12'42'48"W 106,54 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL A; THENCE N7328'08'W 99.54 FEET ALONG SAID SOUTHWESTERLY BOUNDARY TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.1215 ACRES, MORE OR LESS. J