HomeMy WebLinkAboutPEC110039 TOWN COUNCIL MEMO_081611ORDINANCE 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
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,
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:
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.
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.
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.
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
ATTEST:
_________________________
Lorelei Donaldson,
Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 16th day of August, 2011.
_______________________
Richard D. Cleveland, Mayor
ATTEST:
_________________________
Lorelei Donaldson, Town Clerk