HomeMy WebLinkAbout2015-09 Approval for Golf Course Extension:
RESOLUTION NO. 9
SERIES OF 2015
A RESOLUTION OF THE VAIL TOWN COUNCIL EXTENDING THE
DEADLINE FOR COMMENCEMENT OF CONSTRUCTION OF THE
IMPROVEMENTS CONTEMPLATED IN THE AMENDMENT TO THE
EXISTING VAIL GOLF COURSE CONDITIONAL USE PERMIT (PEC12-
0036)
WHEREAS, the Town is the owner of the Vail Golf Course;
WHEREAS, in November 2011, the Town's voters approved a ballot question
allowing for certain improvements to the Vail Golf Course, including improvements to
the Golf Course Clubhouse;
WHEREAS, in 2013, the Town filed an application to amend the existing
Conditional Use Permit for the Vail Golf Course to allow for the improvements to the Vail
Golf Course, including improvements to the Golf Course Clubhouse, as approved by the
Town's voters in 2011;
WHEREAS, on April 22, 2013, the Town of Vail Planning and Environmental
Commission ( "PEC ") approved, with conditions, an amendment to the existing Vail Golf
Course Conditional Use Permit (PEC12 -0036) (the "Amended CUP ") to allow the
improvements approved by the Town's voters in 2011;
WHEREAS, on May 10, 2013, certain homeowners appealed the PEC's decision
to approve the Amended CUP pursuant to § 12 -3 -3.0 of the Vail Town Code;
WHEREAS, on June 4, 2013, the Town Council heard the appeal, upheld the
decision of the PEC and approved the Amended CUP;
WHEREAS, pursuant to § 12 -16 -8 of the Vail Town Code, a conditional use
permit will lapse if a building permit is not obtained and construction commenced within
two years from the date the approval becomes final;
WHEREAS, the approval of the Amended CUP became final on June 4, 2013,
which would set the two -year deadline at June 4, 2015;
WHEREAS, the Town Council desires to implement the intent of the Town's
voters by constructing the improvements contemplated in the Amended CUP;
WHEREAS, since the final approval of the Amended CUP, the Town has
encountered difficulties beyond its reasonable control, including without limitation cost
overruns, engineering difficulties and concerns about the effect of ongoing litigation
involving the Vail Golf Course, which difficulties have prevented the Town from
commencing construction of the improvements contemplated in the Amended CUP prior
to June 4, 2015; and
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WHEREAS, the Town Council finds and determines that an extension of the
Amended CUP is in the best interest of the public health, safety and welfare.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby finds and determines that the Town has
encountered difficulties beyond its reasonable control, including without limitation cost
overruns, engineering difficulties and concerns about the effect of ongoing litigation
involving the Vail Golf Course, which difficulties have prevented the Town from
commencing construction of the improvements contemplated in the Amended CUP.
Section 2. The Amendment to the existing Vail Golf Course Conditional Use
Permit (PEC12- 0036), as approved on June 4, 2013 (the "Amended CUP "), shall not
lapse or become void under § 12 -16 -8 of the Vail Town Code, and the timeframe for
commencing construction of the improvements contemplated in the Amended CUP shall
be extended until June 4, 2017.
INTRODUCED, PASSED AND ADOPTED this 7th of April, 2015.
Andrew P. Daly, yor
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