HomeMy WebLinkAbout2022-16PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 16,
Series of 2022, first Reading, on the Town of Vail's web site, www.vailgov.com, on
the 3rd day of August 2022.
Witness my hand and seal this 3rd day of August 2022.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 16
SERIES 2022
AN EMERGENCY ORDINANCE SUSPENDING THE ISSUANCE OF
PERMITS FOR THE BOOTH HEIGHTS PROPERTY
WHEREAS, the real property more particularly described as Lot 1 East Vail
Workforce Housing Subdivision, Vail, Colorado, located at 3700 North Frontage Road
East (the "Booth Heights Property"), is currently vacant land, without any improvements;
WHEREAS, the Booth Heights Property contains significant natural and wildlife
resources, and provides critical habitat for a Colorado bighorn sheep herd;
WHEREAS, the Town values open space and holds as part of its mission
environmental stewardship and the care of wildlife and natural resources;
WHEREAS, the Town is seeking to acquire the Booth Heights Property as open
space, and thereafter to maintain the Booth Heights Property as open space pursuant to
Section 13.11 of the Town's Home Rule Charter;
WHEREAS, because the current owner of the Booth Heights Property, Vail
Resorts, has declined the Town's offers to purchase the Booth Heights Property for fair
market value, the Town is now seeking to acquire the fee interest in the Booth Heights
Property by condemnation;
WHEREAS, on May 3, 2022, the Town Council approved Resolution 22,
authorizing the exercise of the Town's eminent domain power to acquire the Booth
Heights Property in the form attached hereto as Exhibit A and made a part hereof by this
reference, and subsequently provided notice of Resolution 22 to Vail Resorts;
WHEREAS, Colorado law requires that Vail Resorts receive just compensation for
the interest condemned by the Town, regardless of the suspension imposed by this
ordinance;
WHEREAS, the Town has engaged experts to consider the bighorn sheep herd
habitat located on the Booth Heights Property, and such experts have recommended that
the Booth Heights Property not be disturbed in any manner;
WHEREAS, Vail Resorts has applied for a permit to conduct soils testing and other
geologic activities on the Booth Heights Property, both of which would create large
disturbances on the Booth Heights Property;
WHEREAS, to date, the Town's consideration of the application for a soils testing
permit has been stayed, because of numerous appeals filed by adversely affected
property owners, but those appeals will be concluded on August 2, 2022; and
WHEREAS, to avoid irreparable damage to the bighorn sheep herd and other
natural and wildlife resources on the Booth Heights Property, the Town Council finds it in
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the best interest of the public health, safety and welfare to stay all permit activity related
to the Booth Heights Property, effective immediately.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Suspension. Based on the foregoing recitals, the Town hereby
suspends the issuance of any permits for the Booth Heights Property, from the effective
date of this ordinance through November 1, 2022. This suspension applies to grading
permits, soils permits, building permits, right-of-way permits, sign permits, fence permits
and any other permits, licenses or approvals that would allow disturbance of the Booth
Heights Property.
Section 2. Severability. 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 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. Emergencv. Pursuant to § 4.11 of the Vail Town Charter, the Town
Council hereby finds and declares that this ordinance is necessary for the preservation of
the public health, safety and welfare, because the suspension is necessary to prevent
irreparable damage to the wildlife and natural resources on the Booth Heights Property.
Section 4. Effective Date. This ordinance shall be effective immediately upon
adoption.
INTRODUCED, APPROVED, AND ORDERED PUBLISHED IN FULL this 2nd day
of August, 2022.
Kim Langmaid, Mayor
ATTEST:
Tammy Nagel, Town Clerk
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