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HomeMy WebLinkAbout2023-22 An Ordinance Rezoning a Portion of Lot 1, Timber Ridge Subdivision, from Undesignated to Housing (H)ORDINANCE NO. 22 SERIES OF 2023 AN ORDINANCE REZONING A PORTION OF LOT 1, TIMBER RIDGE SUBDIVISION, FROM 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 June 21, 2023, the Town filed an application to rezone the Property from undesignated 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 August 28, 2023, 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 November 7, 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. 1012612023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES/23/ORDINANCE NO, 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX Section 2. Based on the foregoing findings, the Town Council hereby rezones the Property from undesignated 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. Section 7. This ordinance shall take effect on March 1, 2024. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of November, 2023 and a public hearing for second reading of this Ordinance set for the 7 day of November, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayo ATTEST: Step ha i�ens Town Clerk /N OF ff It 6q* 0 o�pORATEV" i• 1111512023 HTTPS✓/VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES123/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of November, 2023. ATTEST: Stephanie Bibbens, Town Clerk 3 J&-V" 01 _ im Langmaid, xy�r 1111512023 HTTPS✓/VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES123/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX Legal Description of Property Beginning at a point on the Right -of -Way ("ROW") of said 1-70 from which the center of said Section 12 bears S10007'54"W 1217.48 feet; thence S52050'29"W 408.80 feet; thence N37009'31 "W 109.99 feet to a point on the ROW of said 1-70; thence along said ROW the following two courses: (1) N52°50'29" E 108.80 feet; (2) N72°58'35" E 319.53 feet to the point of beginning. n 1111512023 HTTPS✓/VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES123/ORDINANCE NO. 22, SERIES OF 2023 (TIMBER CREEK REZONING)/ATTACHMENT A. ORDINANCE NO. 22, SERIES OF 2023.DOCX