Mountain Village City Zoning Code
17.3.10 Platted
Open Space Requirements.
A. Preservation as to Acreage and General Location. Active and passive open space shall be preserved as to acreage and general location as depicted on the open space map, which shall be maintained by the Town Clerk and may be updated by Town staff from time to time.
B. Open Space Percentage Requirement. Active and passive open space within the original PUD boundary as depicted on the open space map shall not be less than sixty percent (60%) of the total acreage within the original PUD boundary, excluding village core open space unless such open space has otherwise been provided as replacement open space as provided for in subsection (E) of this Section.
C. Prohibition on Rezoning of Passive Open Space. Passive open space within the original PUD boundary as shown on the open space map shall be maintained and shall not be rezoned, nor shall the acreage of such passive open space be reduced below 151.3 acres.
D. Rezoning of Active Open Space Permitted. Active open space as depicted on the open space map may be rezoned and replatted as envisioned in the Comprehensive Plan provided:
1. Any such rezoning or replatting is contemplated by and consistent with the Comprehensive Plan;
2. The active open space to be rezoned or replatted is replaced by an equal amount of acreage that is not depicted as such on the open space map, with such replacement acreage to be zoned as active open space (“replacement open space”);
3. The replacement open space is provided through either (a) a simultaneous land use application; or (b) the replacement open space acreage has previously been designated by the Town as replacement open space;
4. The replacement open space is located within any subarea plan as depicted on the open space map, or Lot 420 subject to compliance with the provisions of subsection (I) of this Section, in which case the replacement open space shall be deemed to be in the same general location as the active open space parcels that have been rezoned and replatted for resort development purposes; and
5. San Miguel County receives a courtesy referral of any such application and has twenty-one (21) days following such referral to provide comments to the Town.
E. Village Core Replacement Open Space. Village core open space as depicted on the open space map may be used as replacement open space within the Mountain Village Center Subarea Plan provided:
1. All of the foregoing criteria are met; and
2. The open space map shall be updated by Town staff to depict the replacement open space.
F. Replacement Open Space Outside of a Subarea Plan. Replacement open space for rezonings or replattings meeting the foregoing criteria may be proposed to be located outside of any subarea plan; provided, that:
1. Following delivery of the courtesy referral set forth in subsection (D)(5) of this section, the Town and San Miguel County enter into negotiations to determine if agreement can be reached on whether or not the proposed replacement open space is within the “same general location” as contemplated in section A above.
2. Failure of the Town and San Miguel County to agree on whether or not the proposed replacement open space is within the “same general location” shall not preclude the Town from processing and approving any such application in accordance with the CDC however any such processing and approval shall be subject to the rights of the parties to the 1999 Stipulated Settlement Order in BOCC v. Town of Mountain Village, 97 CV 133, as recorded at reception number 329093 on September 8, 1999, in the public records of the San Miguel County Clerk and Recorder’s Office (“Stipulated Settlement Order”).
G. Reduction of Active Open Space. Active open space may be reduced if it is rezoned to passive open space.
H. Lot Line Adjustments. Lot line adjustments that affect open space are permitted, subject to the approval of the Town, but only to the extent that there is no net loss of open space as required herein.
I. Lot 420 Rezone. Subject to and in accordance with the CDC, the owner of Lot 420 shall be eligible to rezone that portion of Lot 420 that does not retain the current single-family residential zoning, approximately 30 acres, to passive open space subject to the condition that the rezoned passive open space shall be conveyed to the Town. Upon the rezoning of Lot 420 to open space and TSG’s conveyance of the portion of Lot 420 rezoned to open space to the Town, the owner of Lot 420, subject to and in accordance with the CDC, shall then be eligible for the rezoning and replatting of the following designated active open space parcels for development purposes consistent with the Comprehensive Plan: Parcel A-1, Lots 122, 123, and 128; Parcel A-3 Peaks Northwest Addition; Parcel A-4 Telluride Conference Center Expansion; Parcel D Pond Lots; Parcel G Gondola Station; Parcel J Recreation Center/Multipurpose Facility; Parcel K Meadows Magic Carpet; Parcel O TSG Clubhouse; Parcel E Ski School; Parcel F Town Hall East; Parcel E Big Billie’s Apartments. The Town’s approval of any proposed rezoning and replatting of the Lot 420 to open space, as well as its approval of the rezoning and replatting of the TSG active open space parcels specified in this paragraph shall be expressly contingent upon an applicant’s development application to the Town satisfying the parameters set forth in the Comprehensive Plan in Table 7, Mountain Village Center Development Table, Table 8, Town Hall Center Development Table or Table 9, Meadows Development Table, as applicable. Should the Town find and determine that TSG’s development application(s) satisfy the provisions of this paragraph, and the requirements of the Town’s Land Use Ordinance, or its successor then in effect, then the open space resulting from the rezoning and replatting of Lot 420 shall be used to offset the open space required to allow a parcel to be rezoned from open space to another zoning classification. The Town and San Miguel County expressly understand and acknowledge that the provisions of this section I is an exception to the County’s stated position regarding changes to the “acreage and general location” of platted open space as set forth in sections A through G above and that nothing in this section, shall limit or impair San Miguel County’s enforcement rights granted to it pursuant to the Stipulated Settlement Order. (Ord. No. 2024-08 §2 (Exh. A)).