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Home My WebLink About2022-25PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2022, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 21 st day of December 2022. Witness my hand and seal this 21St day of December 2022. Stephanie Bibbens Town Clerk ORDINANCE NO. 25 SERIES OF 2022 AN ORDINANCE REZONING LOT 5 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO HOUSING (H); LOT 4 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO GENERAL USE (GU), AND THE REMAINDER OF TRACT A, MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM GENERAL USE (GU) TO NATURAL AREA PRESERVATION (NAP) WHEREAS, Town of Vail (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on June 10, 2022, the Applicant filed an application to rezone the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU), and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on December 12, 2022, the Planning and Environmental Commission (the "PEC") held a properly -noticed public hearing on the Application, and recommended that the Town Council approve Application; and WHEREAS, on December 20, 2022, 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 recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant 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 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 promote the coordinated and harmonious development of the Town in a -1- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- D 121522. DOCX manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU); and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP). 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 effect 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 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 20t" day of December, 2022 and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk -2- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT COM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- 0121522.DOCX this V day of January, 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk -3- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- 0121522.DOCX EXHIBIT A Middle Creek Subdivision, A Resubdivision of Tract A Zone District Amendment Proposal Middle Greek Subdivision - Tract A1r' 199 North Frontage Road West a-.' /' _ I= Horsing (H) = Natural Area Preservation (NAP) = General Use (GU) I Feet ..,.,... m.. �,.-_,..,._ a.-. ®.e-e.-.- -¢«. ..,.-...dw. �....�..,« ;. "an. `.d = trJ 0 %100 " 3w Lase?J 6ned:D-be 13.2072 7MY!YhIIJ -4- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINTCOM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- 0121522.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 25, Series of 2022, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 4t" day of January 2023. Witness my hand and seal this 4t" day of January 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 25 SERIES OF 2022 AN ORDINANCE REZONING LOT 5 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO HOUSING (H); LOT 4 OF THE MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL AREA PRESERVATION (NAP) TO GENERAL USE (GU), AND THE REMAINDER OF TRACT A, MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM GENERAL USE (GU) TO NATURAL AREA PRESERVATION (NAP) WHEREAS, Town of Vail (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on June 10, 2022, the Applicant filed an application to rezone the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU), and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP) (the "Application"); WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for rezoning; WHEREAS, on December 12, 2022, the Planning and Environmental Commission (the "PEC") held a properly -noticed public hearing on the Application, and recommended that the Town Council approve Application; and WHEREAS, on December 20, 2022, 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 recommendation of the Planning Commission, hearing the statements of Town staff, the Applicant 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 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 promote the coordinated and harmonious development of the Town in a -1- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- D 121522. DOCX manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. Section 2. Based on the foregoing findings, the Town Council hereby approves the Application and rezones the Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU); and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP). 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 effect 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 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 20t" day of December, 2022 and a public hearing for second reading of this Ordinance set for the 3rd day of January, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk -2- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT COM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- 0121522.DOCX this V day of January, 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk -3- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- 0121522.DOCX EXHIBIT A Middle Creek Subdivision, A Resubdivision of Tract A Zone District Amendment Proposal Middle Greek Subdivision - Tract A1r' 199 North Frontage Road West a-.' /' _ I= Horsing (H) = Natural Area Preservation (NAP) = General Use (GU) I Feet ..,.,... m.. �,.-_,..,._ a.-. ®.e-e.-.- -¢«. ..,.-...dw. �....�..,« ;. "an. `.d = trJ 0 %100 " 3w Lase?J 6ned:D-be 13.2072 7MY!YhIIJ -4- 12/15/2022 HTTPS://VAILCOGOV-MY.SHAREPOINTCOM/PERSONAUGROY_VAILGOV_COM/DOCUMENTS/GREG/PEC CASES/WMC/TC/WMC REZONE- 0121522.DOCX