HomeMy WebLinkAbout2024-04 An Ordinance Rezoning a Portion of Lot 4, Middle Creek Subdivision, a Resubdivision of Tract A, from General Use and Undesignated to Housing (H)ORDINANCE NO. 4
SERIES OF 2024
AN ORDINANCE REZONING A PORTION OF LOT 4, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A FROM GENERAL USE
AND UNDESIGNATED TO HOUSING (H)
WHEREAS, the Town is in the process of acquiring the real property more
particularly described and depicted in Exhibit A, attached hereto and incorporated herein
by this reference (the "Property");
WHEREAS, on November 18, 1986, the Vail Town Council adopted the Vail Land
Use Plan, via Resolution 27, Series of 1986;
WHEREAS, on February 26, 2024, the Town filed an application to rezone the
Property from undesignated and General Use (GU) to Housing (H) and to update the Vail
Land Use Plan accordingly (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on March 25, 2024, the Planning and Environmental Commission (the
"PEC") held a properly-noticed public hearing on the Application, and recommended that
the Town Council approve the Application; and
WHEREAS, on April 16, 2023, the Town Council held a properly-noticed public
hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the Application and
recommendation of the Planning Commission, hearing the statements of Town staff and
the public, and giving due consideration to the matter, finds and determines as follows:
a. The rezoning is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan, the priorities of
the Vail Town Council Action Plan and is compatible with the development objectives of
the Town;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
c. The rezoning 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 environment and its established
character as a resort and residential community of the highest quality.
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Section 2. Based on the foregoing findings, the Town Council hereby rezones
the Property from undesignated and General Use (GU) to Housing (H).
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect 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 4. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town and the
inhabitants thereof.
Section 5. 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.
Section 6. 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 16th day of April, 2024 and
a public hearing for second reading of this Ordinance set for the day of , 2024,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED
PUBLISHED this day of 2024.
_____________________________
Travis Coggin, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
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EXHIBIT A
Legal Description of Property
Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A