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HomeMy WebLinkAbout2011-17PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 17, Series of 2011, on the Town of Vail's web site, www.vailgov.com, on the 3d day of August, 2011. Witness my hand and seal this _ day of m CSE wn of V Depu erk , 2011. ORDINANCE NO. 17 SERIES OF 2011 AN EMERGENCY ORDINANCE TO APPROVE THE GENERAL PLANNING DOCUMENT FOR THE 2011 USA PRO CYCLING CHALLENGE, TO ALLOW FOR TEMPORARY SUSPENSION OF CERTAIN FIRE LANES, NO PARKING AREAS, PEDESTRIAN ZONES AND OUTDOOR DISPLAY AND SIGN REGULATIONS TO FACILITATE THE 2011 USA PRO CYCLING CHALLENGE, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the inaugural USA Pro Cycling Challenge will take place August 22-28, 2011 throughout Colorado; and WHEREAS, the USA Pro Cycling Challenge will hold a time trial in Vail on August 25, 2011, with the racecourse running from Village Center Chute through Vail Village, along the Frontage Road to Bighorn Road to the cul-de-sac on the Vail Pass recreation path; and WHEREAS, the Town of Vail supports temporary suspension of the Town's regulations to facilitate the USA Pro Cycling Challenge, as it provides a major benefit to the community; and WHEREAS, Section 4.11 of the Charter provides that an ordinance may be passed as an emergency measure for the preservation of the public property, health, welfare, peace or safety, upon unanimous vote of all members of the Council present or a vote of five members of the Council, whichever is less, and WHEREAS, the Vail Town Council finds that this ordinance is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Vail Town Council finds that this ordinance further the general and specific purposes of Title 11, Sign Regulations, and Title 12, Zoning Regulations, Vail Town Code; WHEREAS, the Vail Town Council finds that this ordinance promotes the health, safety, morals, and general welfare of the Town and promotse 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; WHEREAS, the Town Council finds that the passage of this ordinance preserves the public property, health, welfare, peace or safety of the Town of Vail, and WHEREAS, in order to properly administer the 2011 USA Pro Cycling Challenge in the Town of Vail, the Town Council finds that it should take this action and adopt the proposed suspensions and procedures as set forth herein. Ordinance No. 17, Series of 2011, second reading 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAI L, COLORADO, THAT: Section 1. The Vail Town Council endorses the 2011 USA Pro Cycling Challenge planning document (see Exhibit A). Section 2. It is understood that in order to facilitate the 2011 USA Pro Cycling Challenge in Vail, certain temporary improvements and structures may be constructed, as sanctioned by the Vail Valley Foundation, on August 24 and August 25, 2011 only, and these improvements may include, but may not be limited to, the following: A. Flags and banners B. Temporary structures C. Entertainment and hospitality D. Race start E. Race exposition F. Media centers, including television and radio transmission equipment G. Temporary signage associated with the race and race sponsors only These improvements shall be reviewed administratively by the Department of Community Development in conjunction with the Special Events Permit. Section 3. The Fire Marshal of the Town of Vail may temporarily suspend fire lanes as part of the USA Pro Cycling Challenge from August 24, 2011 through August 25, 2011, as further detailed in Exhibit B. Section 4. The Vail Village pedestrian zones on Meadow Drive from Village Center Road to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Road shall be temporarily suspended from August 24, 2011 through August 25, 2011, as further detailed in Exhibit C. Section 5. Parking will be permitted on the North and South Frontage Roads, west of Elkhorn Drive only, on August 25, 2011, as further detailed in Exhibit D. Section 6. Outdoor display of goods shall not be permitted within the Town of Vail right-of-way and other Town of Vail property. Section 7. No additional signage is permitted for any business within the Town of Vail, except signage permitted and approved by Title 11, Sign Regulations, Vail Town Code. Section 8. Loading and delivery in Vail Village is not permitted on Village Center Road, Meadow Drive from Vail Valley Drive to Willow Bridge Road, Willow Bridge Road from Meadow Drive to Gore Creek Drive, and Gore Creek Drive from Willow Bridge Road to Vail Valley Drive on August 24, 2011 through August 25, 2011, as further detailed in Exhibit E. Section 9. 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. Ordinance No. 17, Series of 2011, second reading Section 10. 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 11. 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 12. 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 2nd day of August, 2011. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 17, Series of 2011, second reading PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Tammy Nagel, Town of Vail Deputy Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 18, Series of 2011, on the Town of Vail's web site, www.vailciov.com, on the 3rd day of August, 2011. Witness my hand and seal this 3r—'�day of mmy Na I Town o ail Deputy Cler O , 2011. ORDINANCE NO. 18 SERIES OF 2011 AN ORDINANCE FOR ZONE DISTRICT BOUNDARY AMENDMENTS, PURSUANT TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM TWO-FAMILY PRIMARY/SECONDARY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 2846 BASINGDALE BOULEVARD/LOT 1, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION (RUDER CEMETERY); A REZONING FROM MEDIUM DENSITY MULTIPLE FAMILY DISTRICT TO OUTDOOR RECREATION DISTRICT, LOCATED AT 715 NORTH FRONTAGE ROAD (RED SANDSTONE PARK)/PART OF LOT 9, BLOCK 2, VAIL POTATO PATCH; A REZONING FROM RESIDENTIAL CLUSTER DISTRICT TO NATURAL AREA PRESERVATION DISTRICT, LOCATED AT 1448 BUFFEHR CREEK ROAD/PARCEL G, RESIDENCES AT BRIAR PATCH SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, zone district boundaries may be amended pursuant to the provisions of Section 12-3-7, Amendment, Vail Town Code; and WHEREAS, in the late 1800's Jacob and Mary Ruder homesteaded along Gore Creek and a family burial site was established on the Ruder's Ranch in the location today known as 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery); and WHEREAS, on June 26, 1991, a warranty deed was signed by Timothy Garton (recorded on July 6, 1992) that transferred the ownership of 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) to the Town of Vail; and WHEREAS, in the spring of 2011, Bob Ruder, local resident and descendent of Jacob and Mary Ruder, expressed his family's desire that the Town of Vail maintain the existing cemetery in a naturalistic condition into the future; and WHEREAS, on June 27, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a proposed rezoning from Two -Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery), and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 6-0-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder Cemetery) is not an appropriate location for future residential development, but the subject property is the appropriate location for open space uses such as a cemetery; and Ordinance No. 18, Series of 2011 WHEREAS, for years the Town of Vail maintained a public parking lot on private property with the property owner's consent at 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park); and WHEREAS, on July 30, 2010, the Vail Town Council approved Resolution No. 20, Series of 2010, authorizing the Town of Vail to purchase the property know as 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch for the purpose of owning and maintaining the existing public parking lot for Red Sandstone Park; and WHEREAS, on July 11, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5-0-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park) is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and recreational uses such as a public park; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing and approved a major subdivision application amending the Residences at Briar Patch plat. In part, the approved plat established Parcel G, Residences at Briar Patch. Parcel G is the steep hillside portion of common area Parcel F, Residences at Briar Patch, which is located directly above Lions Ridge Loop and the Timber Ridge employee housing development site; and WHEREAS, Parcel G, Residences at Briar Patch, is a geologically sensitive area with excessive slopes (>30%) and rockfall hazards; and WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental Commission held a public hearing on a rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch Subdivision, and has forwarded a recommendation of approval for the amendment to the Vail Town Council by a vote of 5-1-0; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch is not an appropriate location for future residential development, but instead the subject property is the appropriate location for open space and rockfall hazard mitigation; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are consistent with the adopted goals, Ordinance No. 18, Series of 2011 objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council finds that the amendments 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. This ordinance adopts the following zone district boundary amendments: 1. A rezoning from Two -Family Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale Boulevard/Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery). This zone district boundary amendment shall be effective upon the adoption of this ordinance. 2. A rezoning from Medium Density Multiple Family District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot of Red Sandstone Park)/Part of Lot 9, Block 2, Vail Potato Patch. This zone district boundary amendment shall be effective upon the adoption of this ordinance. 3. A rezoning from Residential Cluster District to Natural Area Preservation District, located at 1448 Buffehr Creek Road/Parcel G, Residences at Briar Patch Subdivision, and setting forth details in regard thereto. This zone district boundary amendment shall be effective upon the adoption of this ordinance and the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat. 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. Ordinance No. 18, Series of 2011 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. 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 2nd day of August, 2011 and a public hearing for second reading of this Ordinance set for the 16th day of August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2011