HomeMy WebLinkAboutGOLDEN PEAK SKI BASE AND RECREATION DISTRICT PARCEL 1988"rr' :: '-
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ORDINANCE NO. 28
Series of 1988
ANoRDINANCEAMENDINGSECTI0NIS.39.0300FTHEMUNIcIPAL
CODE OF THE TO}IN OF VAIL BY THE ADDITION OF PARAGRAPHS
DANDESETTINGFoRTHUSESI,,HICHSHALLBEPERMITTEDoUTSIDE
THE MAIN BUILDING IN THE sKI-BASE RECREATI0N ZoNE DISTRICT;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, in a previous amendment to the skj-base recreation zone district
certa.i n sections h,ere inadvertently excluded from the zone district; and
IiHEREAS, the Town Council now wishes to add sajd permjtted uses back into the
ski-base recreation district.
NOh,, THEREFoRE, BE IT oRDAINED BY THE ToWN COUNCIL 0F THE Tol^lN 0F VAIL'
COLORADO:
1. Section 18.39.030 Permjtted Uses js hereby amended by the addition of
paragraph D, parts 2 and 3, and paragraph E to read as follows:
Section 18.39.030 Permitted Uses
D.2.Beforeactingonmultj-familydwellingunits,thePlanning
commiss.i on shall consider the following factors in regard thereto:
a. Relationship and impacts of the use on development
objectives of the Town.
b.Effectoftheuseonlightandair,distributionof
popul ati on, transportati on faci l i ti es, uti l iti es, school s, parks and recreati on
faci'l ities, and other publ ic facilities and public facjlitjes needs'
c' Effect upon traffic, wjth particular reference to
congestion, automotive and pedestrian safety and convenience, traffjc flow and
control , access, maneuverability, and removal of snow from the streets and parking
area.
d. Effect
use is to be located, including
to surrounding uses.
upon the character of the area jn which the proposed
the scale and bulk of the proposed use in relatjon
3. The Planning Commission shall make the findings set forth jn
18.60.050 B before permjtting multi-family units withjn the majn building'
E. The following uses shall be permitted outside the main building as
shown on the approved development plan:
1. Ski tra i I s, sl opes and I i fts
2. Snowmakjng facilities
3. Bus and skjer dropoff
t' ,L-"'(?(
4. Surface Parking lot
5. Ski raci ng faci I i ti es
6. Public park, tennis and vol'leyball courts and p]aying fie]ds
7. Uater treatment and storage facilities
8. Mountain storage buildings
9. Ski schoo'l acti vi ti es
10. SPecial communitY events
11. Food and beverage serv'i ce
2. If any part, section, subsection, sentence, clause or phrase of this
0rdinance is for any reason held to be invalid, such decision sha'l 'l not affect the
validity of the remaining portions of this 0rdinance; and the Town CounciI hereby
declares it wou'ld have passed this Qrdinance, and each part, section, subsect'i on,
sentence, c] ause or phrase thereof, regardless of the fact that any one or more
parts, se6tjons, subsections, sentences, clauses or phrases be declared inVa'l id'
3. The Town Counci'l hereby finds, determines and declares that this 0rdinance
is necessary and proper for the health, safety and welfare of the Town of vail and
the inhabitants thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal
Code of the Town of Vail as provided in this 0rdinance shall not affect any right
wh.i ch has accrued, any duty imposed, any violation that occurred prior to the
effective date hereof, any prosecution commenced, nor any other action or
proceedjngs as cornmenced under or by vjrtue of the provision repealed or repealed
and reenacted. The repeal of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein'
INTRODUCED, READ AND APPROVED ON FIRST READING this 51a- dav of December I
1988, and a public hearing shall be held on this Ordinance on the 6th day of
Decenber , 1988, at 7:30 p.m. in the Council Chambers of the Vail
Municjpal Building, Vai1, Colorado.
Ordered published in fu]1 this 6th day of , 1988.
Rose,
-2-
a-rF
f,
READING AND ORDERED PUBLISHED
this zQ!! day of December _, 1988.
{^
INTRODUCED, READ AND APPROVED ON SECOND
by title only
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noN
- do solemnly s\^€or thol I om
e some is o \^/e€kly n€wspope(
lntv of Eoole. Stote of colorodo.
ev'ioooei hos b€en Publish€d
Eoole tor o oeriod of more thon
rbliEotion oi lhe onnexed legol
; been odmitted lo the United
ions of the Act of Morch 3, 1879,
per is o weekly nevvspoper duly
nents wiihin the meoning of the
os published in lhe regulor ond
rp€t fot the pelioc, ot Un'L-
of soid nolice wos in the issue ot
-HD. 19 KK ond fhot the lost
r of soid n€t\i'6poper doied
.?/Lt\0 doy of
AD.19 K6
Public Notice
ORDINANCE NO. 28
S.ti.. ol lgaa
AN ORDINANCE AMENDING S€CTION
is.ssogo or THE MuNtclPAL coDE oF THE
TOWII OT VAIL BY THE AODITION OF
pinacnlpxs c ANo E SETTING FoRTH
Lses wxtcx sFtALL gE PERMITTEo
OUTSID€ THE MAIN EUILOING IN TI !E SKI'
SASE RECnEATION ZONE OISTRICTi AND
ierrrr.ro ronlr oETAILS lN RE6ARO
WHEREAS. in a prevbut amgnddEnl lo the
ild-baso rccleation lone dblrid @nain socl|ons
wero Inadvortenlly otcludod kom lho zono
diarrd:and
!,VHEREAS. the Town Councilrlolv wishot to
add rait Dormrngd vsos baak into lho thi'base
€cr€alion dislftl.
NOW. THEREFORE. SE IT OROAINEO 8Y
THE TOWN COUNCIL OF TIIE TO/VN OF VAIL.
coloRA00:
1. Soclron 18.39.030 P6tmhtod Use3 i3
h€rgby amendod by th. additbn ol patagtaph C.
oans 2 and 3 and para0raph E lo road al
lollo$/s:
Soclion '18.39.030 Petmine<t use.
C.2. Beiot. acting on mulli'lamily dleolling
unit3. lho Planning Comoi$ion shall consdo'
ths lollowrng tadotr |n.egard li6relo:
a- Relat|on3hro and tnpacts ol lh€ us€ on
doveloprn€nl obloclivos ol the Town.
b. Ellsct oi tho uso on light and ai''
dltlribulion ot populallon' lran!porlalron
laciliti6. ulihb3, 3choob' patks and'ocreallon
tacrtilios and olhor Dublic lacililiat and ptJblrc
lacrklios n6ods.
c. Ellocl t pon llallic. wlh panicuhr @lorenco
to conoestion, aulornotlvo and pgdestt|an salety
and c;vonienca, lraltb llow and conlrol. accots'
fian€wsrabilitv. and lomoval ol 8no$ ltom lne
!tt6ot3 ancl parkng atea-
o. Etteci upo,irne charadet d tho atea in
whiih the ptoposed lso b to bo located'
induding lh; 6c:lb and bulk ol thr propos€d use
in tolatron to gulroundrng uaas.
a Th. Plannino Corimrs6ron ahal m'kr lho
llndlnas 36t lorih in rg.60.060 B belote
oeimriirng rnuhi'lamily unil! wrthin lho main
bualdrnq.
i. itt" iotto*ing u3er thall be pornirtod
oulside the marn building at aho n on lhe
aDoroved dovglopmenl Plan:
l. Skitraib. 6loPe3 and lrtl3
2. Snowmaking lacrlrtig3
3. Bus and sk|€r clroPon
4. Surlace Palkhg bl
5. Ski tacanq tacihlre3
i. p",r, r"-nnl. and volleyball coun! and
olaYrnq l|elds'
7. ivae, Ireal,t"nl and lto.ago lac iliot '
8. Mounlarn slorage builcling!
9. Skischool adNnr6 "
10, Spocial comrnonnY ovonl!
I l. Food and b€voraga 86 c4.
2. ll anY oan. soclion' aubseclion. 90nl€nco,
ilause or bhrase ol thb Ordinanco is {of any
a.agon hali lo bo invalid. ludl dec6ion 6hall ^ol
ali€c1tho validilY ot tho tet|ahing portonl ol lnrs
Ordrnance: and the Town Council hoteby
declarog rl would havo pass€d tnts Otdinanco
and oach pad. s€clron subsodlon senlgnce'
clauso or ohfase th6reol, rogardl€s3 d lho lacl
that aay one ol more 9arll. 3oclron6'
rubsoclron6. 3onlenca3, clau3os ot phtasea oe
doclarod invalrd.
3. Tho Town Council h€roby tlnol'
dEt;rmind and doclatos lhal thig Otctinanct i3
noca8iary and ploper lor lho hoalth, lalely eno
volare oi lne Town ot Val.and the hhab'tan6
thor.ol.
4. Tho @g€al or the repoal and 'o'naddronlol anv DrovBron ol lhe Municipal Code ol the
iown'oival as ptotlled In thi! ordrnanco lhai
noi attecr any fiirrr *trich ha3 accruod. any duly
inrosed, ani v6rar,on thal @cufled ptot lo lho
"it-Ji"i oar" hetool. any prosocutiorany Ptgsocl,rtion
commoncgd, not anY othor acllon or
iro.rJ'noi a" .p.*n;d uodor ot by vrnug ol
ini- o."i"'on ropcalod or topoalod tnd
ieenJcreo. rne rdoat ot any ptovision hot€by
shall not r€vivo any paovbion Ql any orornance
oteviously ,"peatei or aupett'dgd unletl
*'iiii[?iii3o'31 3'&o
^No
APPRov€o oN
rrnsr iErono itHo oRDEREo PUBLTSHED
ijr.rie rliiur-r. rni. orrt dav ol Decsrd't' 1998
inJi ouuric hoanng hoafrng Ehall b' hold on
irlj otir,n"nc" on t-h.6th day ol o€ctmb"'
isia "i r,o p... in tho councrl chadlbot' d
lh. Varl Municbal guilding.
TOW! OF VAIL
Kslt n' R6'
Ut}!l
ATTEST:
Pafibh A gtandrEYef
Torvn Clerk
irrnoouceo. REAo Ar'lD APPRovEo oN
secoNo neaorlc ANO oRoEREO
iieusiEo ottcE n ruu tnr itrh d.Y ol
olloclivs
ATIEST
P|,rrL A g||lddrrytr ' .
To0n ClsI
PubtirtFd In lha Vd Tt l
orl D!..nbar A' i98a
I)9c.fib€r, 198t.- ioww or ier
Krrl R. Roaa
I in ono fcrgeCounty of Eogle,
t',l
ORDINANCE NO. 28
Series of 196E-
,ilrlp
AN ORDINANCE AMENDING SECTION 18.39.030 OF THE MUNICIPAL
ODE OF THE TOI,,N OF VAIL BY THE ADDITION OF PARAGRAPHS
AND E SETTING FORTH USES l,lHICH SHALL BE PERMITTED OUTSIDE
HE MAIN BUILDING IN THE SKI-8ASE RECREATION ZONE DISTRICT;
AND SETTING FORTH DETAILS IN REGARD THERETO.
IJHEREAS, ln a previous amendment to the skl'base recreatlon zone dlstrict
certain sections were inadvertently exc'l uded from the zone distrjct; and
WHEREAS, the Town Council now wishes to add said permitted uses back lnto the
ski-base recreation district.
NOl.l, THEREFORE, BE IT ORDAINED BY THE TOI.''N COUNCIL OF THE TOl'lN OF VAIL,
COLORADO:
1. Section 18.39.030 Permitted Uses'is hereby amended by the addition of
./paragrap\r{, parts 2 and 3, and paragraph E to read as fo1 'l ows:
18.39.030 Permitted Uses
s.D z.efore acti ng on mul ti -fami'ly dwelling units, the Planning
in regard thereto:i ssi on consider the following factors
a. Re1 ationship and impacts of the use on development
objectives of the Town.
b. Effect of the use on light and air, distribution of
population, transportation facjlities, utilities, schools, parks and recreation
facilities, and other pub'l ic facilities and public facilities needs.
c. Effect upon traffic, with particular reference to
congestion, automotive and pedestrian safety and convenience, traffic f'l ow and
control , access, maneuverability, and removal of snow'from the streets and parking
area.
d. Effect upon the character of the area in which the proposed
i
use is to be'l ocated, including the scale and bu1 k of the proposed use in relation
to surrounding uses.
3. The P'lanning Commission sha'll make the findings set forth in
18.60.060 B before permitting multi-family units within the main building.
E. The fol'lowing uses shall be permitted outside the majn building as
shown on the approved developrnent plan:
1. Ski tra'i 'l s, slopes and lifts
2. Snov*naking faci'l jtjes
3. Bus and skier dropoff
Ioo
ry,4-
Surface parking 1ot
Sk\ rac'i ng f ac i I i ti es
Pay'k, tenn i s and vol 'l eybal 'l courts and playing fields
faci 'l i ti ester treatment and storage
Mountain storage bui ldings
9. Ski school activities
10. Special community events
11. Food and beverage service
2. If any part, section, subsection, sentence, clause or phrase of thls
Ordinance is for any reason held to be invalid, such decision sha'l I not affect 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.
3' The Town Council hereby finds, determines and declares that this ordinance
is necessary and proper for the hea]th, safety and welfare of the Town of Vail and
the inhabitants thereof.
4, The repeal or the repeal and reenactment of any provlslon of the Municipal
Code of the Town of Vajl as provided'i n this Ordinance shall not affect any right
which has accrued, any duty imposed, any violation that occurred prior to the
effectjve date hereof, any prosecution commenced, nor any other actjon or
proceed'ings as commenced under or by virtue of the provision repea'led or repea'led
and reenacted. The repea'l of any provision hereby shall not revive any provision or
any ordinance previously repealed or superseded unless expressly stated herein.
INTR0DUCED, READ AND APPR0VED ON FIRST READING this _ day of
1988, and a public hearing shal't be held on this Ordinance on the day of
, 1989, at 7:30 p.m, in the Council Chambers of the Vail
Municipal Building, Va'i1, Colorado.
Ordered published in full this day of ,1988.
ATTEST:
Pamela A. Brandmffi
-2-
Kent R. Rose, Mayor
rfir{oaVrn ls0osr 2 t $ffi
SKI ( HAN1TIO\SHIn;
StS E\a[f l?a[3]tse- VfrII.Gt6ra6 gt6ct &* ti6.satt
Tekx 150261
October 20, 1988
Mr. Ron Phillips
Town Manager
THE TOWN OF VAIL
75 South Frontage Road WestVai1, Colorado 8t657
Dear Ron:
Enclosed please find a memorandum regarding proposed amendmentsto the Golden Peak Ski Base/Recreation Zone District preparedby our planning consultant. You may not have been aware of
some of the issues as you were not here during the Golden Peak
neighborhood negoti-ations. I find the content of the memo
extremely disturbing.
Quite frankly, someone in town hal1 is not laying all of thecards on the table. By not disclosing the true nature of the
changes being proposed, I believe someone on the town staffcould be manipulating the planning process. I have askedrepeatedly to be immediately informed by members of the staffon any matters which affect Golden Peak, Manor VaiI, or theneighborhood. Clear1y, I have not been, and I am incensed.
f am not gullible enough to accept these omissions asfinadvertent exclusions" ot, as explained and shrugged off byone of the planning staff, as a computer word processing
malfunction. If there is a word processing malfunction, it iswith the staff, not the computer. Furthermore, I find it
unconscionable that there would be any attempt to disguise thegravity of this matter by sneaking it by the Town Council. Thebehavior of some of the staff in this matter lies beyondacceptable standard.s of bureaucratic professionalism andperformance.
VAIL
l{r. Ron Phillips
Page Two
October 20, 1988
At the present time I do not intend to cirquLate this
memorandurn to members of the Town Council or the press.
Providedr however, that the omissions cited in the accornpanying
memo are included in the upcoming Golden Peak amendrnent and
that any additional infornation requested by myself or my
representative is innediately forthcorning.
I anxiously await your conments on the attached memo and would
like to diEcuEs these with you prior to the Planning Comnrission
meeting on llonday afternoon.
Sincerely,
MANOR VAIL CONDOI.IINIUIII ASSOCIATION
/6lpf,ffi.--
Q3glasins Asent
JR/san
Attachment
To: Jack Rush, General Manager, Manor Vail LodgeFrom: JF Lamont, Planning ConsultantDate: October 19, 1988RE: Amendments to Golden peak Ski Base,/Recreatj-on District
The oversights and inadvertent exclusion concerning theamending procedure currently underwav for the Golden peak SkiBase/Recreatj.on District inlicates tfre need for closerscrutiny of the Town of Vai1. It is evident that independentoversight j-s necessary in order to maintain accuracy on thepart of the Town of Vail's legislative procedures. Thenecessity for closer scrutiny is due in part to the followingchain of events.
The Town of Vail at Vail Associates request adoptedOrdinance 38 in 1983 establishing a new zone d.istrict forGolden Peak entitled as the Ski Base/Recreation District.The ordinance created a comprehensive plan for Golden peak.After considerable neighborhood advocacy, the ordinance anddevelopment plan provided certain prote-tions for thesurrounding neighborhood. These protections included thelocation of certain uses as werl as architectural heiohts andsize Iimitation
In the same effort, at the initiation of theneighborhood, Vail Associates amended the areas protective
covenants to included additional protections not found in theTown of Vail ordinance and development plan. These covenantchanges remain to be ratified by the property owners withinthe affected area, however the unilateral adoption by VailAssociates gives credence to the more restrictive provisionof the revised covenants.
In February of 1988 (Ordinance 6 Series l98B) at VailAssociates' request the Town of Vail repealed section18.39.030 of the original ordinance ( oidinance 38 SeriesI983), substituting in its place a section which contained aprovision that would permit the construction of a ,'Secondary
Building." The new 12,000 square foot buildinq is to houseChild care, Children's ski scliool, ski school s6rvices andprogram, community events, and summer recreational programs.Vail Associates represented to neighborhood interests thatthe inclusion of a "Secondary Building" was the only changethey sought to the existing legislation and development plan.
Under the provision of the protective covenants VailAssociates was obligated to initiate an election of thesurrounding property o\,vners to provide for the inclusion ofthe "Secondary Building" in the protective covenant.
In the September 20, 1988 Town of VaiI agenda a noticeappeared for Ordinance 28 Series of 1988. The purpose of theproposed ordinance was to again amend section 18.39.030 inorder to include certain uses that were ',inadvertently
page 2
excluded" from the previous amendment (Ordinance 5 Series
1988). The Town Council did not act upon this amendment.
The matter hras remanded to the Planning and Environmental
Commission. The process by which the amendment was remanded
is at the present time unclear. (The planning conmission does
not hold hearings upon the exact text of the proposed
ordinance, only upon the concept to the proposed change. )
A review of alI of the foregoing ordinances indicates
that additional items which appeared in the original
ordinance (Ordinance 38 Series 1983) have still been
"inadvertently excluded" in the latest proposed amendment
(Ordinance 28 Series of 1988).
The consequences of these additional inadvertent
omission upon the interest of the surrounding neighborhood
are as follows:
1. The opportunity to retain a "public" park, tennis
and volleyball courts, and playing fields wilI be lost.
Currently the VaiI Metropolitan Recreation District is
negotiating with Vail Associates to relocate the Golden Peak
"pub1ic" tennis complex to Ford Park. The existing "public"tennis complex would be converted to a surface parking lot.
2. The opportunity to appear before the Planning
Commission to present the neighborhood concerns with regards
to their findings on matters relating to permitted dwelling
units within the main building wj-l1 be 1ost.
Should the alteration of the architecturafconfiguration of the main building or the relocation of
dwelling units and/or their accessory uses (e.9. surface and
structured parking) be proposed, the criteria prescribed in
the planning commission's finding of fact becomes very
important. Increasingly, in recent years land use decisions
have been overturned by the courts because of the reviewing
agency's lack of definitive review criteria in their enabling
legislation.
The specific criteria which have been repealed and
inadvertently not replaced are as follows:
a. Relationship and impacts of the use on developmentobjectives of the Town.
b. Effect of the use on light. and air, distribution of
population' transportation facilities, utilities, schools,
parks and recreation facilities, and other public facilities
and public facilities needs.
page r
c. Effect upon traffic, with particular reference to
congestion, automotive and pedestrian safety and convenience,
traffic flow and control, access, maneuverability, and
removal of snow from the streets and parking area.
d. Effect upon the character of the area in which the
proposed use is to be located, including the scale and bulk
of the proposed use in relation to surrounding uses.
3. The Planning Commission shall make the findings setforth in 18.60.060 B before permitting multi-family unitswithin the main building.
B. The planning cornmission shalI make the following
findings before granting a conditional use permit:
1. That the proposed location of the use is in
accordance with the purposes of this title and the purposes
of the district in which the site is located;
2. That the proposed location of the use and theconditions under which it would be operated or maintainedwill not be detrimental to the public health, safety, orwelfare, or materially injurious to properties or
improvements in the vicinity;
3. That the proposed use wiII comply with each of theapplicable provisions of this title.
Prior to the Ski Base/Recreatj-onal Zone District(Ordinance 38 Series 1983) dwelling units had not been
allowed in the Golden Peak zone district. In the opinion of
the surrounding neighborhood the inclusion of dwelling units
and their accessory uses significantly altered the height,size, location, of the main building resulting in adetrimental impact upon the character of their neighborhood.
A compromise was struck which perrnitted six dwellingunits to be included provided that when a final design for
the main building and its improved parcel was brought before
the Town of Vail, the proposal would be considered under
separate review criteria. It was agreed that the reviewcriteria would duplicate the conditional use provisions of
ttre zoning code because the criteria specifically addressed
impacts upon the immediate vicinity.
The essence of the compromise was that the dwellingunits would be a t'permitted use" rather than a
"conditional use" which provided that the review criteria for
conditional use could be used to alter the height' size, and
location, of the dweLling units and thej-r accessory uses so
that they would not be materially injurious to properties or
page 4
improvements in the vicinity.
From the standpoint of planning protocol the absence of
specifi.c review criteria may have the consequence of voiding
any authority which the Town of Vail or an adversarial party
nray have had in future rnunicipal reviews or 1ega1 proceeding
on these matters
From the standpoints of the neighborhood, if the design
or location of the main building were changed, the loss of
these criteria would mean that surrounding property owner's
ability to contest the inclusion of dwelling units or alter
their design because of negative impacts on the neighborhood
would be negated.
From this perspective there may have been a suborning of
the integrity of the Golden Peak planning process. It may be
deduced that an "inadvertent" manipulation of the municipal
repeal and amending procedures may have created a legislative
shel1 game. The results may have neutralizecl any substantive
power that the neighborhood has concerning the foregoing
matters.
If the public notice had gone undetected and had the
item not been removed from consideration by the Town Councilthe opportunity to correct these oversights would have been
lost or severely compromised.
It is important that these omissions be pointed out to
the Town of VaiI's staff, planning commission and town
council during the upcoming amendmenL process. In the future
any modification to existing legislation and development plan
should be rigorously scrutinized.
A detailed review of the differences between theoriginal ordinance, amending ordinances, protective covenants
and agreements has been conducted. Legislation to resolve
outstanding difference should be brought before the Town
Council for inclusion in a redraft of the pending ordinance.
Consideration should be given to resuming discussion on
subjects of mutual disagreement with Vail Associates (e.9.
parking structures ) which could result in the deletion of
offending uses included in the existing protective covenants
through a ratification election to be held at the initiationof the effected property owners.
The proposed deletion of four tennis Courts' their
replacement with surface parking, and the disposition of the
remaining Golden Peak tennis courts should be considered as a
change in the development plan, thus requiring an amendmentto the original development p1an.
ht
ogI
.a
IIII
--I rl
August 31, 1988
I,IEMORANDTJM
T0: V.M.R.D. MEMBERS
RON PHILLIPS
PETER PATTON
FROM: BILL WRIGHT- DIRECTOR OF TENNIS
A11 of us connected with
felt the "Biggest" thing
Peak Eennis facilitv.
We think it is very important to keep this facility and
keep it as strong as possible for the fol-lowing reasons r
1) The old adage that the important thing about property
is its ttlocation, location, locationtt, is never more
important than here. The courts are perfectly (or near
perfectly) located for the village guests. They can
wa1-k, take the bus, or drive very easily. We have much
walk-in traffic from both guests and locals.
2) While the facility is not aesthetically beautiful, it
is very functional; it is qui€b, the shop is large and
we have restrooms.
3) trlhen Vail Associates sought permlsslon to build the
new Children's Center, it was represented that two of
our three courts would be relocated r,,above courts 3-6.
We encouraged many properEy olnners to vote "Yes", based
on this representation and promise. We should fulfill
this promise to Ehe property ornrners. Many loca1 residents
have asked us when the new courts would be started and
comol-eted.
the tennis program have always
we have going for us is the Golden
Vaif Tennis Shop . P.O. Box 1462 . Vail, Colorado 81658 . (303) 476-5823
ogII
-
II
--I rl ht Clinics
Lessons
Tennis Camps
Having only six courts has limited the effectiveness
of many of our programs; our Ladies Day, our camps
and tournaments. lie need at least eight courts here.
"Good Wi11"- Golden Peak, Ehe place to play tennis
in Vail since Arthur Ashe's Exhibition in L97L, the
Bobby Riggs in 1974 and through the many events,
throughout the years.
deal of good wi11.
tale have established a greaE
We shouldreven with the development of a facility at
Ford Park, keep Golden Peak with eight courts. ![e
can have tournaments, camps, and special events at
Ford Park and keeo Gofden Peak for the locals and
tourists .
Conclusion
We should fight hard to keep Golden Peak as a tennis
facility. Recreation and tennis in particular must
not be pushed out of this great location.
4)
s)
6)
Vaif Tennis Shop . P.O. Box '|.462 . Vail, Colorado 81658 . (303) 476-5823
:
tr . ;rt.l (r cc ,!i4 C'ri
ORDINANCE NO. O
Series of 1988
ANoRDINANCEREPEALINGANDRE-ENACTINGSEcTI0N-18.39.030'penmlrrro"ijii* oF cxnpren re'ig, Crt ensr/nrcREATIoN DIsrRIcr ' '"'"" ;'i'
lp 0F THE VAIL MUNICIPAL CODE'
HHEREAS, Section 18.39.030 of chapter 18.39 of the vai] Municipal code , r
describes the permitted uses of the Ski Base/Recreation zone district; and
:i1i:,,.i,.
I,IHEREAS, vail Associates, Inc. has submitted an application to amend section
18.39.030 of the Vail ltlunicipal Code; and
WHEREAS, the Plannjng and Environmental conmission of the Town has recomended
approval of the amendment to section 18.39.030 pf the vail trlunicipal code; and
I{HEREAS, the Town counci'l considers it in the public interest to amend said
section of the MuniciPal Code.
NOI.I, THEREFORE, BE IT ORDAINED BY THE TOI'IN COUNCIL OF THE TOI'IN OF VAIL'
COLORADO, THAT:
Section l.
Sectjon 1g.39.030 of the vail llunicipal code is hereby repealed and re-enacted to
read as fol 'lows:
18.39.030 Permitted Uses
A. The following uses sha'l'l be permitted within the main building in the Ski
Base/Recreation Distri ct:
'1 . Ski Lockers/Employee Locker Rooms
2. Ski School and Ski Patro'l Facilities
3. Lift Ticket Sales
4. Tennis Pro ShoP
5. Ski Repair, Rental , Sales and Accessories
6. Restaurant/Bar/Snack Bar/Candy Sales
7. Summer Seasonal Town of Vail Recreation Offices
S.MeetingRoomsforOwnerUseandCorrnunity.Orientedorgan.izations
g.InjuryPreventionandRehabi]itationFacilitiesforowners.Use
10. Basket Renta'l
11. SPecial CommunitY Events
B. Permitted Uses l,ljthin the Secondary Building
1.Year-roundchildcareandchi.|dren.sskjschoo.|andappurtenant
recreational facilities and programs
2. Children's ski school services and programs
"3. Conrmunity events and programs
4. Summer recreational Programs
j.
rc (c CC
C. Retail and Meetjng Room Space Limitation
1. Retail sales space, whether it be a permitted or conditional use, in the
firsttwofloorsshal]belimitedtoamaximumof15%ofthenon-
.*residentia.|grosssquarefootageofthema.inbui]ding.Undersection
18.39.030, retail sha.|
.| be defined as tennjs pro shop, candy sales, ski
repair/rental/sales and accessories, and basket rental'
i.
2.lrteetingroomssha]1belirnjtedtoamaximumof5%ofthenon.residential
gross square footage of the main build'ing'
D. Multi-family dwelling units within the main bui'lding if the following
requirements are met:
1. The dwelling units shall be a secondary use within the main building if
theY meet the fo1 lowing criterja:
a. No residential use on ground level '
b. Visual impacts such as surface parking for the dwe'l ling units shall
be minimized by providing at least 40% of the required parking
withjn the main building.
c. The maximum gross residential floor area (GRFA) devoted to dwe'l ling
unitsshal]notexceedthirtypercentofthetotalgrosssquare
footage of the main structure.
Section 2.
In accordance with Section 1g.39.110 of the ski Base/Recreation zone district, the
development plan submitted by the developer, Vail Assocjates, Inc., is hereby
amended by the Town Council and incorporated into this ordjnance. The approved
development plan shall be amended by the inclusion of Snowdon & Hopkins, sheets
!,2,4,5, dated 2/l/88 and sheet 3 dated 2/4/88 as well as Vai'l Associates revised
Master plan dated l2/L4/g7. l{ith regard to the recreational path relocation south
of tennis courts 3-6, Sheet 3 shalI be amended by Matthews Associates Sheet L-l
dated February 8, 1988. The approved and amended developnrent p'lan shall
incorporate by reference in this ordinance the following conditions:
vail Associates shall contribute 50 percent of the cost of a walkway to be
constructed between the Ramshorn and Manor vai'l at commencement of
construction of the main bui'ld.i ng as described in the Gol den Peak Development
Pl an.
Vail Associates shall contrjbute $10,000 for a traffic control gate
lnstallation at the bus stop upon cormencement of construction of the main
buildingasdescribedintheGo]denPeakDeve.|opmentPlan.
-2-
cr cr cc
Section 3.
If any part, section, subsection, sentence, c'l ause or phrase of this ordinance is
for any reason held to be invalid,.such decision shall not affect the va'lidity of
the remaining portions of this ordinance; and the Town Counci'l hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence'
c'lause or phrase thereof, regard'l ess of the fact that any one oP more parts'
sections, subsections, sentences, clauses, or phrases be declared invalid'
Section 4.
The Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vai'l and its
inhabitants thereof.
Section 5.
The repeal or the repeal and re-enactment of any provisions of the Vajl Municipal
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 prosecutjon corunenced, nor any other action or proceeding as commenced under or
by virtue of the prov'ision repealed or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein'
INTRODUCED, READ AND PASSED ON FIRST READING THIS 16th dAY Of -.[g!TUgY-'
1g88, and a public hearing shall be held on this ordinance on the 16th day of
@,l988at7:30p.m.intheCouncilChambersoftheVai]Municipal
8ui'l ding, Vail, Colorado.
0rdered published in full this 16th
AND APPROVED ON
this lst
Kent
READING AND ORDERED PUBLISHED
March _, 1988.
SECOND
day of
day of j.Lrg-, 1988.
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FIFIT NEID|IB A'O OrcCREO RIiLI!}I€D
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ORDINANCE NO. 6
Series of 1988
AN ORDINANCE REPEALING AND RE.ENACTING SECTION 18.39.030'
PERMITTED USES OF CHAPTER 18.39, SKI BASE/RECREATION DISTRICT
OF THE VAIL IIUNICIPAL CODE.
WHEREAS, Section 18.39.030 of Chapter 18.39 of the vail Munjcipal code
describes the permitted uses of the Ski Base/Recreation zone district; and
I,HEREAS, Vail Associates, Inc. has submitted an application to amend Section
18.39.030 of the Vai'l Municipal Code; and
WHEREAS, the P] anning and Environmental Comnission of the Town has recommended
approval of the amendment to Sectjon 18.39.030 of the Vajl Municipal Code; and
WHEREAS, the Town Council considers it jn the public interest to amend said
section of the Municipal Code.
NOI'', THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL'
COLORADO, THAT:
Section 'l .
Section 18.39.030 of the Vail Municipal Code is hereby repea'led and re-enacted to
read as follows:
18.39.030 Permitted Uses
A. The following uses shall be permitted within the main building in the Ski
Base/Recreation Distri ct:
1. Ski Lockers/Employee Locker Rooms
2. Ski School and Ski Patrol Facilities
3. Lift Ticket Sales
4. Tennis Pro Shop
5. Skj Repair, Rental , Sa] es and Accessories
6. Restaurant,/Bar,/Snack Bar./Candy Sa] es
7. Summer Seasonal Town of Vail Recreation Offices
8. Meeting Rooms for 0wner Use and Community-0riented Organizations
9. Injury Prevention and Rehabilitation Facjljties for 0wners' use
10. Basket Rental
11. Special Community Events
B. Permitted Uses Within the Secondary Building
1. Year-round child care and children's ski school and appurtenant
recreational facilities and programs
2. Children's ski school services and prograns
3. Community events and Programs
4. Summer recreatjonal Programs
C. Retail and Meeting Room Space Limitatjon
1. Retaj't sales space, whether it be a permitted or conditional use, in the
first two floors shal] be limited to a maximun of 75% of the non-
residentjal gross square footage of the main bujldjng. Under Sect'ion
18.39.030, retail shall be defined as tennjs pro shop, candy sa1es, ski
repair/rental/sales and accessories, and basket rental .
2. Meeting rooms shall be limited to a maxjmun of 5% of the non-residential
gross square footage of the main building.
D. Multi-family dwelling units within the main bujldjng if the following
requirements are met:
1. The dwelling units shal] be a secondary use within the main building jf
they meet the following criteria:
a. No residential use on ground 'l evel .
b. Visual impacts such as surface parking for the dwelling units shall
be minimized by providing at least 40% of the reguired parking
within the main buildjng.
c. The maxjmum gross residential floor area (GRFA) devoted to dwelling
units shall not exceed thirty percent of the total gross square
footage of the main structure.
Section 2.
In accordance with Section 18.39.110 of the Skj Base,/Recreatjon zone district, the
development plan submitted by the deve'loper, Vail Assocjates, Inc., is hereby
amended by the Town Council and incorporated into this ordjnance. The approved
development plan shall be amended by the jnclusion of Snowdon & Hopkins, Sheets
L,2,4,5, dated 2/L/88 and Sheet 3 dated 2/4/88 as welI as Vail Associates revised
Master Plan dated 12/74/87. Uith regard to the recreational path relocatjon south
of tennis courts 3-6, Sheet 3 shall b6 amended by Matthews Associates Sheet L-l
dated February 8, 1988. The approved and amended development plan sha11
incorporate by reference in this ordinance the following condjtions:
Vail Associates shall contribute 50 percent of the cost of a walkway to be
constructed between the Ramshorn and Manor Vai I at cornmencement of
construction of the main building as described in the Golden Peak Development
P'lan.
vail Associates shal'l contribute $10,000 for a traffjc control gate
installation at the bus stop upon commencement of constructjon of the main
building as described jn the Golden Peak Development Plan.
-2-
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 affect the validity of
the remaining portjons of this ordinance; and the Town Council hereby declares it
would have passed this ordjnance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsectionso sentences, c'l auses, or phrases be declared jnvalid'
Section 4.
The Town Council herebY
necessary and proper for
inhabitants thereof.
Section 5.
finds, determines and declares that this ordinance is
the health, safety and welfare of the Town of Vail and its
The repeal or the repeal and re-enactment of any provisjons of the Vai) Municipa1
Code as provided in this ordinance shall not affect any right whjch 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 repea'led or repealed and reenacted. The repeal of any
provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
INTRODUCED, READ AND PASSED ON FIRST READING THIS 16th dAY Of FCbTUATY ,
1988, and a public hearing shall be held on this ordinance on the 16th day of
February , 1988 at 7:30 p.m. in the Councjl Chambers of the Vail Municipa1
Buildjng, Vai l, Colorado.
Ordered publ ished in ful I this i 6th
AND APPROVED
this lst
SECOND READING AND ORDERED PUBLISHED
day of March , 1988.
day of _lebruary-, tggg.
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