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Home My WebLink About2011-07 Ever Vail Re-ZoningORDINANCE NO. 7 SERIES OF 2011 AN ORDINANCE REZONING PARCELS 1 AND 2 OF THE EVER VAIL SUBDIVISION FROM ARTERIAL BUSINESS AND SPECIAL DEVELOPMENT DISTRICT NO. 4 TO LIONSHEAD MIXED USE 2 PURSUANT TO SECTION 12-3-7 OF THE VAIL TOWN CODE, SUBJECT TO CERTAIN CONDITIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Section 12-3-7 of the, Vail Town Code, sets forth the procedures for rezoning property, also known as amending zone district boundaries; WHEREAS, the Town has received an application to rezone the property that will be known as Parcels 1 and 2 of the Ever Vail Subdivision, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Property is currently zoned as follows: 862 (Vail Resorts Maintenance Shop) zoned Lionshead Mixed Use 2("LMU-2"); 923 (Holy Cross lot) zoned LMU-2; 934 (Amoco/BP site) zoned LMU-2; 953 (Vail Professional Building) zoned Arterial Business District; 1000 (Glen Lyon Office Building) zoned Special Development District No. 4; and 1031 (Cascade Crossing) zoned Arterial Business District; WHEREAS, on January 10, 2011, the Town of Vail Planning and Environmental Commission (the "PEC") held a properly noticed public hearing on a proposed rezoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, to LMU- 2; WHEREAS, the PEC has forwarded to the Vail Town Council (the "Town Council") a recommendation of approval of the proposed rezoning, with certain conditions; WHEREAS, the rezoning of Parcels 1 and 2 of the Ever Vail Subdivision cannot become effective until the Frontage Road is relocated and the Final Plat for the Ever Vail Subdivision is approved by the Town Council, signed by all required parties and properly recorded with the Eagle County Clerk and Recorder; WHEREAS, the Town Council is willing to provide the applicant with time to relocate the Frontage Road; WHEREAS, the applicant and the Town have discussed the timing of the Frontage Road relocation, and the Town Council finds and determines that eight years is sufficient time to relocate the Frontage Road; and 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE N0. 7, SEPo ES CF 2011 , EVER VAI L ZON NG SECOI�D READI NG 121812. DOCX WHEREAS, the Town Council finds and determines that, should the Frontage Road not be relocated by December 31, 2020, the rezoning of Parceis 1 and 2 of the Ever Vail Subdivision shall not take effect. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Factors Considered. Pursuant to Section 12-3-7 of the Vail Town Code, the Town Council has considered the following factors prior to making its determination on the application to rezone Parcels 1 and 2 of the Ever Vail Subdivision: a. The extent to which the rezoning is consistent with all the applicable elements of the adopted goals, objectives and policies outlined in the Town of Vail Comprehensive Plan and is compatible with the development objectives of the Town; b. The extent to which the rezoning amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the Town's adopted planning documents; c. The extent to which the rezoning presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; d. The extent to which the rezoning provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole; and e. The extent to which the rezoning results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; f. The extent to which the rezoning is consistent with the purpose statement of the proposed zone district; and g. The extent to which the rezoning demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate. Section 2. FindinQS. Pursuant to Section 12-3-7 of the Vail Town Code and based on the evidence and testimony presented in consideration of this ordinance, the Town Council finds and determines as follows: a. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be necessary to achieve compliance with the Lionshead Redevelopment Master Plan and to achieve the development objectives of the Town; 2 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE NO. %, SEPo ES OF 2011 , EVER VAI L ZOM NG SECOI�D READI NG 121812. DOCX b. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be consistent with the adopted goals, objectives and policies outlined in the Town of Vail Comprehensive Plan and compatible with the development objectives of the Town; c. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will be compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and d. LMU-2 zoning of Parcels 1 and 2 of the Ever Vail Subdivision, when such parcels are created, will promote 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. Section 3. Rezoninq. Based on the foregoing findings, and subject to Section 4 hereof, Parcels 1 and 2 of the Ever Vail Subdivision are hereby rezoned to Lionshead Mixed Use 2. Section 4. Condition Precedent and Exqiration. The rezoning set forth in Section 3 hereof shall take effect on the date that the Final Plat for the Ever Vail Subdivision, creating Parcels 1 and 2, is properly recorded with the Eagle County Clerk and Recorder; provided that, if the Final Plat for the Ever Vail Subdivision has not been properly recorded by December 31, 2020, the rezoning set forth in Section 3 hereof shall not take effect. Section 5. Severabilitv. 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 6. Effect. The amendment of any provision of the Vail 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. The time period established by Section 5.3(d) of the Vail Town Charter shall commence on the date of adoption of this ordinance by the Town Council. Section 7. Repealer. 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. 3 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORDINANCE N0. 7, SEPo ES OF 2011 , EVER VAI L ZON NG SECOI�D READI NG 121812. DOCX INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of December, 2012 and a public hearing for second reading of this Ordinance set for the 18th day of December, 2012, at 6:00 P.M. in the Council Chambers of th�(ail Municipal Building, Vail, Colorado. / / A L n,'Town Cle ��1N•�F•� :' •.� : . : SEAL � . .�� . . . l�C�i; •••..••'�n i READ AND APPROVED O this 18th day of December, 2012. A Idson; Town Clerk P. Daly, �EADING AND ORDERED PUBLISHED Andrew P. Daly, Ma or �•OF� . •• i � • •• r . , : . . ; . ; SEAL : . • . • ., ;. ., ,. c�� ORP� 4 12/19/2012 IIVWS-STORAGEIDESKTOPS$ITNAGELIDESKTOPIORD/NANCENO. 7, SERI ES OF 2011, EVER VAI L ZCM NG SECOND READI NG 121812. 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