HomeMy WebLinkAbout2023-22PROOF 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. 22, Series
of 2023, First Reading, on the Town of Vail's web site, www.vailaov.com, on the
81" day of November 2023.
Witness my hand and seal this 8t" day of November 2023.
Stephanie Bibbens
Town Clerk
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/S/TESITOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/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 January 1, 2024.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7t" day of November, 2023 and a
public hearing for second reading of this Ordinance set for the day of ,
2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
Stephanie Bibbens, Town Clerk
FA
Kim Langmaid, Mayor
111112023
HTTPS://VAILCOGOV.SHAREPOINT.COM/S/TESITOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/23/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 day of , 2023.
ATTEST:
Stephanie Bibbens, Town Clerk
3
Kim Langmaid, Mayor
111112023
HTTPS✓/VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES123/ORDINANCE NO. 2Z SERIES OF 2023 (TIMBER CREEK
REZONING)/ATTACHMENT A. ORDINANCE NO. 2Z SERIES OF 2023.DOCX
1 W14:11 3liff_1
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) N52050'29" E 108.80 feet; (2) N72°58'35" E 319.53 feet to the point
of beginning.
n
111112023
HTTPS✓/VAILCOGOV.SHAREPOINT.COM/S/TESITOVF/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.DOCK
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. 22, Series
of 2023, Second Reading, on the Town of Vail's web site, www.vailqov.com, on
the 22nd day of November 2023.
Witness my hand and seal this 22nd day of November 2023.
Stephanie Bibbens
Town Clerk
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/S/TESITOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/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.
ATTEST:
Stephanie Bibbens, Town Clerk
FA
Kim Langmaid, Mayor
1111512023
HTTPS://VAILCOGOV.SHAREPOINT.COM/S/TESITOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/23/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
Kim Langmaid, Mayor
1111512023
HTTPS✓/VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY
DEVELOPMENT/BOARDS/TOWN COUNCILIORDINANCES123/ORDINANCE NO. 2Z SERIES OF 2023 (TIMBER CREEK
REZONING)/ATTACHMENT A. ORDINANCE NO. 2Z SERIES OF 2023.DOCX
1 W14:11 3liff_1
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) N52050'29" E 108.80 feet; (2) N72058'35" E 319.53 feet to the point
of beginning.
n
1111512023
HTTPS✓/VAILCOGOV.SHAREPOINT.COM/S/TESITOVF/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