The URL can be used to link to this page

Home My WebLink About2001- 9 Correcting Ordinance No. 23, Series 2000, Amending the Official Zoning Map for the Town of Vail; Rezoning the "Vail Golf Course Clubhouse Subdivision" from Outdoor Recreations District to General Use District• • • ORDINANCE NO. 9 Series of 2001 AN ORDINANCE CORRECTING ORDINANCE NO. 23, SERIES OF 2000 AN ORDINANCE AMENDING THE OFFICfAL ZONING MAP FOR THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING THE "VAIL GOLF COURSE CLUBHOUSE SUBDIVISION" FROM OUTDOOR RECREATfON (OR) DISTRICT TO GENERAL USE (GU) DISTRICT. WHEREAS, the Town Council finds that this zoning designation is compatible with and suitable to adjacent uses, is consistent with the Town's Land Use Pkan and Zoning Regulations, and is appropriate for the area; and WHEREAS, The Planning and Environmental Commission of the Town of Vail has recommended approval of this zoning map amendment at its September 25th, 2000, meeting, and has submitted its recommendation to the Town Council; and WHEREAS, the Town Council considers it in the interest of the public health, safety, and welfare to amend the official Town of Vail Official Zoning Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN 01= VAIL, COLORADO, THAT: Section 1. Based upon the testimony presented and the documents considered including the entire Community Development file at hearings on the Conditional Use Permit and the amendment of the zoning map, the Town Council makes the following findings of fact: a. That there is a valid and complete application for the conditional use, the zoning amendment and the minor subdivision. b. That the Title work submitted and the deed from the Pulls Ranch to the Town of Vail properly reflect that the Town is the property owner of the land subject to the applications. c. That, without addressing whether the restrictive covenant in the deed has any legal effect, the uses on the property including the sheet of ice and the seasonal structure are included within the use "for a public golf course or open space or park for the benefit of the public and only such related support facilities required for those purposes. " • • • d. That the legal description provided by Eagle Valley Surveying properly identifies the area of land to be re-zoned {received on or about October 3, 2000) and the area of land subject to the conditional use of the seasonal structure and the parking available for that conditional use {received on or about October 30, 2000} and that area has been appropriately identified in the application and viewed in site visits and the legal descriptions have been properly mailed to the adjacent property owners on October 39 , 2000 and published in the Vail Daily on November 1, 2000. e. That the Town has met all of the requirements far the granting of the conditional use permit and the amendment of the Official Zoning Map. Section 2. Based upon all the facts and the Town of Vail Town Code and applicable Colorado law, the Town Council makes the following conclusions of law: That the General Use District {GU} is compatible with and suitable to the existing land use on the site and with adjacent land uses; and that the amendment is consistent with the Town's Land Use Plan and Zoning Regulations; and thafi the amendment is apprapria#e for the area. Section 3. The Official Zoning Map of the Town of Vail is hereby amended as follows: The "Vail Golf Course Clubhouse Subdivision," a parcel of land described as: That part of Section 9, Township 5 South, Range $0 West of the 6th Principal Meridian, Town of Vail, Eagle County, Colorado, described as follows: Beginning at the most northerly corner of Lot 3, Sunburst Filing No. 3, according to the final plat for Sunburst Filing No. 3, recorded in Book 263 at Page 429, in the office of the Eagle County, Colorado, Clerk and Recorder, said point also being on the northerly right-of-way line of Sunburs# Drive, as shown on said final plat; thence the following two courses along said northerly right-nf-way line: (1) 119.32 feet along the arc of a curve to the left, having a radius of 135.00 feet, a central angle of 50°38'21" and a chord that bears N72°59'22"W 115.47 feet; (2} S81°41'30"W 187.43; thence, departing said northerly right-of way line, N08°18'30"W 266.90 feet; thence N79°28`56"E 939.41 feet; thence S11°28'38"E 91.78 feet; thence S40°01'19"W 490.77 feet; thence S77°00'32"W 165.16 feet to the northerly line of said Lot 3; thence, along said northerly line of Lot 3, 148.02 feet along the arc of a curve to the left, having a radius of 189.10 feet, a central angle of 44°50'53" and a chord that bears N65°08'56"W 144.27 feet to the point of beginning, containing 6.47 acres, more or less, shall be rezoned to Genera! Use (GU) District, in accordance with the attached map exhibit. 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 Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 6. The amendment of any provision of the Tawn 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 7. A11 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 third day of April, 2001 and a public hearing for second reading of this Ordinance set for the 17th day of April, 2001, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~~t1119111i1iiil/ilii . ~~`,~a~~n~ G,t_ Y ri~~J'ri a`~`v , ` '9/l J~~r~ ~ti ~ '~~ a E ~ L ..,~ r~l c~u F~` _ ~~ =~~naru~,~ys~~";~_~ _i Ludwig Kurz,l+~Vlayor • • • Attest: Lore~~on 1dson, Town - ,~ ~~~ . ~_.- Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 17th day ofi April, 2001. ~~ -.~ ~ ~, SEAL Attest: ,~ (~,~.; - ;. .. ~. f , << ~rele Donaldson Town Clerk ~''~ ~(.~ Ludwig Kurz, ~yor • • • . ;, ,` Exhibit Proposed Rezoning Graphic Parce! Description • uNw~.a~-rEo ,,:, ~+>~r+C5 .`,Jr. •~.,~ SFr yn rrF9aR b. n+?lu r:AF~ I s V~ ~ 266.90' ~~ 'Sf3'30" ' , .. _ N 08 ' Q 1 ,,.` ~ 1 .~,, iQl1rN ~uiru, rr)+Nr i.ur r ..- ~ ~ d R B . r } , U )J ~+ rrF.IYnR k nrIAA, l ~ :AP L.S. ~?68a~ li `\ ~ V A I l.. ' V A l _ L F Y \, '0 1=50'38'21 " `~ I) R I V E . ( CFO' } , ~ ~ =135.00' i ~.ci.~. L=119.3.2' CLEN=1 15.47' BRG~N 72•S~'zz" w 1=44'50'53" f7=189.10' VAIL GOLF COURSE CL.U8~iOl1SE L=14a.az' cLENc 144.27' SUBDIVfSiON 8RG=N 65'08'56" w ---~ a.:iio} 6 r i ai:Rf'; LOT SUNBURST FILING NO. 3 uuaNarJSE rn u~ la UNPIATTED __._~_ ,~ fllS~ 1G0' 1.fp' s #°a, . ~9 h- V `UO j .~ IIDII{;C: a.CCDR[IIIaC .D f:DE3RaDD rAw r31J MDST CD~rrrEr~CE zrrY LE.4AL .~CIIUrJ EIASED hPON Ar~Y L~EFf:f.i +N 1HI5 SUR~`E'i swats{r? Ir+REE 'rC«i'S rdrEra '.^rl E+RSa CISWVER SuCr+ nEr'£':1. +r? ~a{; C'•iL'aaa, rsAY arri '_ '~~.~. arllDra BA;a'U ur~~]N AMr p£rECT u~ qug surrv;y BE CnrdK£NCE^ lJDP.C FaCIE~-vAq IltAfl iFr! YEARS PRUA+ THE pnrE 9P ?NE CER~NfaCArIGN 5113ti<rJ HERCDI? z a ~O N m m i<f va va '.~ UNPtATT1r[ 5 1 ~g .78 O• ~ :~ ~r rM~ ~e • ~~~~ `, a K 0 x 'o m 0 m w Q m ~ o n O c~D d o a. a ~ 4 7 ~~~ Q `~ O ~ @ O ~ 4 O_ ~' Q ~~ b m Q (Q m Q Q ~ m ~ Q ~ ~ m O ~ o ~ c~ Q _ z ~, ~ ~ ~ o ~ ~ 0 ~ 0 ~' cD ~ ~ ~ ~ -~ Q ~ a ~ m O cU ~ y ~ Q Q 0 0 p Q z m 0 ro ~ Q ~ ro o Q ~ o ~ Q ro z v 0 o ~~ a ~ ~ ~ ~ ° c o ~ 0 ~ ~ _ o N x ~ o m m ~ ~ ~ ~ n ~ ~ Q p ~ C ( ~ C -..3 < O Q -S Q ~ in Cn ~ A O O Q Q ~ - O m ~ /~ ~ ~ O a ro ~ ~ ~ m - c ~ ~ Q . ~ ~ y ~. ~ Q ~ o ti ~ N ~ ° ~ m ~, ~ y T a ~ cD ~ ~ O ~ ~ ~ x ~ ~ ~ 0 O o ~' ~ - C 0 ~"' r ~ u, ~ f~ ~ _ ~ N Q ~ Q ~ ~ ~ Q -+ _ (~l iv rL O ~ O cp ~ Q {? ..O ~ O ~ ~ 5 ~ ~ D ,~ ~ C ~ Q ~ '~ ~ C ~ ~ ~ ~ I ~ ~ ~ ~ ° ° ~ ~ r ° ~ n _ ~ ° ~ o v a ~ o ° Q ~ a. ~ Z ~ ro ~ ~ Q ~ ~ m ~ o ~ ~ o o ~ ~ fl Q ~ N fl ~ {~ m ~ ~ ~ Q Q Q ~ a ~ D ~ ro ~- -~ ~' o v c ~ m o m ~ r- ~ ~, O ~- ~ _~ ~ ~ ~ O D ~' d -~. m r ~ m O ~ C m o a CD ~ o ~, ro Q ~ ~ m o o d ~~ Q m ~ m ~ ~ ~ ~: ~" ,. ~:. o h' ~'~~~" <~y ~ ~ r ~~ m .~m~n z.: ~;: ~~~ T ~ .~ ~ . ~ ~, ~~~ ~~: ~ ~ ~ ~~ ~~ , ~~ n .C Q ~m g a ~~ ~ ~~ _ ~~ z ~1~~0 -, ,. ~~ `~ >~ !.~