Loading...
HomeMy WebLinkAbout2024-04PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 04, Series of 2024, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 17t" day of April 2024. Witness my hand and seal this 17t" day of April 2024. SAV,e� 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 4 SERIES OF 2024 AN ORDINANCE REZONING A PORTION OF LOT 4, MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A FROM GENERAL USE AND 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 February 26, 2024, the Town filed an application to rezone the Property from undesignated and General Use (GU) 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 March 25, 2024, 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 April 16, 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. Section 2. Based on the foregoing findings, the Town Council hereby rezones the Property from undesignated and General Use (GU) 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16t" day of April, 2024 and a public hearing for second reading of this Ordinance set for the 7th day of May, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Stephanie Kauffman, Town Clerk Travis Coggin, Mayor 2 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 7th day of May, 2024. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk EXHIBIT A Legal Description of Property Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 04, Series of 2024, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 8t" day of May 2024. Witness my hand and seal this 8t" day of May 2024. SAV,e� 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 4 SERIES OF 2024 AN ORDINANCE REZONING A PORTION OF LOT 4, MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A FROM GENERAL USE AND 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 February 26, 2024, the Town filed an application to rezone the Property from undesignated and General Use (GU) 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 March 25, 2024, 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 April 16, 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. Section 2. Based on the foregoing findings, the Town Council hereby rezones the Property from undesignated and General Use (GU) 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16' day of April, 2024 and a public hearing for second reading of this Ordinance set for the day of 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Stephanie Bibbens, Town Clerk Travis Coggin, Mayor 2 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2024. Travis Coggin, Mayor ATTEST: Stephanie Bibbens, Town Clerk EXHIBIT A Legal Description of Property Lot 4 Middle Creek Subdivision, A Resubdivision of Tract A