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HomeMy WebLinkAbout2006-12 Amending the Official Zoning Map of the Town of Vail; Zoning the Area More Commonly Referred to as "Front Door USFS Land Exchange Parcel" to Ski Base Recreation-2 District ORDINANCE NO. 12 Series of 2006 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; ZONING THE AREA MORE COMMONLY REFFERED TO AS "FRONT DOOR USFS LAND EXCHANGE PARCEL" TO SKI BASE RECREATION-2 DISTRICT (SBR-2), AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the Zoning Map has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on May 8, 2006, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment r to the Zoning Map to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, a complete legal description of the area to be zoned is on file in the Town of Vail Community Development Department and attached to this Ordinance; and WHEREAS, the Vail Town Council finds the proposed amendment to the Zoning Map is consistent with 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 the amendment to the Zoning Map is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the Zoning Map 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 ORDINANCE NO. 12, SERIES OF 2006 -1 - environment and its established character as a resort and residential community of the highest qua{ity. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Zoning Map Amendment: The purpose of this Ordinance is to amend the Official Zoning Map of the Town of Vail. The Official Zoning Map of the Town of Vail is hereby amended as follows: The Front Door USFS Land Exchange Parcel, as legally described on Exhibit A attached hereto, shall be zoned to Ski Base Recreation - 2 District (SBR-2).. Section 2. 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 3. 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 4. 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. ~~,, ORDINANCE NO. 12, SERIES OF 2006 - 2 Section 5. 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 16~' day of May, 2006, and a public hearing for second reading of this Ordinance set for the 6"' day of June, 2006, in the Council A Chambers of the Vail Municipal Buildi ail, Colorado. ~ j` arrow Hitt, Ma or Pro Tem Attes : o~N~OF ~ ••'qi ~.- ~ ~ ~ ~~ • SEAL o,~elei onaldson, Town Clerk • .J eoto~;ap INTRODUCED, READ, ADOPT ACTED ON SECOND CjEj D~ AND ORDERED PUBLISHED IN FULL this 6~' day of June,~6. fJ nr Hitt, Mayor P"ro~T.~m SE AL Att , t: `t~ ~ n \ `~ ~Lor~lei Donaldson, Town Clerk ORDINANCE NO. 12, SERIES OF 2006 - 3 - EXHIBIT A Legal Description of the Front Door USFS Land Exchange Parcel LOTS l AND 4, SECTION 8, TOWNSHIl' S SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL 1ViERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLE t ~v BY THE UN i i r v STATES DEPARTMENT OF THE IN i ~xIOR, BUREAU OF LAND MANAGEMENT DA i ~v FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1 /16 CORNER OF SECTION 8, TOWNSHIl' S SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1323.26 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FII,ING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) THE FOLLOWING TWO COURSES: 1) S00°21'52"W 165.00 r~1GT 2) S00°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSIVE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.22 FEET; THENCE N89°45'07"W 248.01 FEET: THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.29 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUAR i ~x OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSIVE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6,1962 AT RECEPTION NUMBER 96382) S89°43'59"E 99.99 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S00°15' 18"W 165.37 FEET TO THE SOUTHWEST CORNER OF MILL CREEK SUBDIVISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDIVISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDMSION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDMSION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POIlVT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDIVISION; THENCE ALONG SAID NORTH LIlVE (AGAIN ALSO BEING CO- EXTENSIVE WITH THE BOUNDARY OF THE FORMER VA1L VII.LAGE, FIRST FILING, RECEPTION NUMBER 96382) S$9°43'59"E 248.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. ~+` ORDINANCE NO. 12, SERIES OF 2006 - 4 - a ., ~ - ~..~»~~~~, 0 ~• r• N b, ti ~. o b o ~ ,••7 °~' r• r ~ ~ ".~ -~ tD 6 ~ ~ tlq ~ CD ~p r 3 o c~ o `~ ""' ~ ~ coo ~ ~ ~ '~' :'.. ~ = r h ~ °~, C~ O Cj ~D =~ N ~ C'L ~ ~ ~ ~ c ~o ~. a -a v ~ o ~ o ~ ..r 6 ~ ~ Oti btHO ~ O O+ O' N ~ ~ O .+, r. ~ . m .., A ¢, p. °a,- "' p LIB ~ ~ ~ ~ ~ ~ ~~ a ~~~ ~ ~ ~ ~ ~o' ~ ~~ ~ ~•~b O ~ .t 'g i~ ~ ,'~ji ~ ~ $,~ ~' N r+ $ cto ~. P ~' sy '~ cs' v, ~ O N ~• ? ~ O• ~ G a: c~v ~; N cP ~ coo r, ~.t ~ co d O ,a N^x ~~~. '~ ~ ~ r g ~ '~. o. ~ o aacP d ~ ~ ~ ~ ~ a. d ~~~°~ oA~ y , ~ ~ ~ o ~ ~ a n ~ N ~ "d G C ~ ~' O 4~, O r; ~~., C• N ~, '~ G O py U,., ~, ~~~ ~~s ~~ ~ ~ ~~ ~~ 'ti N ~i~4+ ,~ m ~ ~ ~~ ~~~ S! •.{ a ~~ ~~~ 4~ ~~ ~ ~ -~~ r~ ~. g~ ~~~4 ~ ~. o> ~ ~i ~.~ ~a ~9~ 41t1 ~-~ 4 ~m ~,~: > ~~ ~ "~ O 0 C'1 O' O'~ N z~~~~ ~~ ~~, , . ~~~~ i XWi 5 ~~ N~ ~~ ~~qqt N e 4 De..~ rt ~~ ~ _ ~ o ~~~~ m.~ ~ ~N~ ~ ~ ~~,. .~ ~ ~. ~. ~~. ~ ~ ~ ~~~~ ~ x]$75 Isar 1624 PROOF OF PUBLICATION "' STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado; and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated June 10 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated June 10 A.D. 2006. In witness whereof has here unto set my hand this 23rd day June, 2006 PublishettlCl`e~erall~ana itor Subscribed and sworn to before me, a notary public in and for the County of Eagle, State of Colorado this zs~a of June, 2006. ~~Y PUe`i O•' '•~ ~ ~ ~~ • • pgMEI.A~• ~. SCN~~~ ~. ~. .• q'•••...... ~OF Cd-- ,' ~ ~ ~~>~ Pamela Joan Schul Notary Public My Commission expires: November 1, 2007