Loading...
HomeMy WebLinkAbout2011-15 Amending the TOV Land Use Plan Map f' r. E' S RESOLUTION NO. 15 Series of 2011 x A RESOLUTION AMENDING THE TOWN OF VAIL LAND USE PLAN MAP, PURSUANT TO CHAPTER VIII, IMPLEMENTATION, TOWN OF VAIL LAND USE PLAN, TO ALLOW FOR A` LAND USE CATEGORY CHANGE FROM LOW DENSITY RESIDENTIAL TO OPEN SPACE, ty LOCATED AT 2846 BASINGDALE BOULEVARD /LOT 1, BLOCK 9, VAIL INTERMOUNTAIN DEVELOPMENT SUBDIVISION (RUDER FAMILY CEMETERY); A LAND USE CATEGORY CHANGE FROM MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE, LOCATED AT 715 NORTH FRONTAGE ROAD /PART OF LOT 9, BLOCK 2, VAIL POTATO PATCH (PARKING LOT OF RED SANDSTONE PARK); AND A LAND USE CATEGORY CHANGE FROM 5 MEDIUM DENSITY RESIDENTIAL TO OPEN SPACE, LOCATED AT 1448 BUFFEHR CREEK ROAD /PARCEL G, RESIDENCES AT BRIAR PATCH SUBDIVISION, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on November 18, 1986, the Vail Town Council approved Resolution No. 27, Series of 1986, adopting the Town of Vail Land Use Plan (an element of the Town of Vail Comprehensive Plan); and WHEREAS, the Town of Vail Land Use Plan amendment process is outlined in Chapter VIII, Implementation, of the plan; and WHEREAS, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, "the t amendment process is one which is intended to assure the Plan's effectiveness with periodic updates to reflect current thinking and changing market conditions. "; 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 land use category change from Low Density Residential to Open Space, 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 s 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 Resolution No. 15, Series of 2011 1 g'. development, but the subject property is the appropriate location for open space uses such as a cemetery; and WHEREAS, adjacent to the Red Sandstone Park, the Town of Vail had 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 T 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 s' 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 proposed land use category change from Medium Density Residential to Open Space, located at 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park), 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 proposed land use category change from Medium Density Residential to Open Space, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch, 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 f { WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find 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. Resolution No. 15, Series of 2011 2 5 WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find that the amendments are compatible with and suitable to adjacent uses and appropriate for the surrounding areas. WHEREAS, the Town of Vail Planning and Environmental Commission and the Vail Town Council find 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 RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: i The Vail Town Council hereby amends the Town of Vail Land Use Plan, pursuant to Chapter VIII, Implementation, Town of Vail Land Use Plan, as follows: 1. A change to the land use category from Low Density Residential to Open Space at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder cemetery). This change shall be effective upon the adoption of this resolution. 2. A change to the land use category from Medium Density Residential to Open Space at 715 North Frontage Road /Part of Lot 9, Block 2, Vail Potato Patch (Red Sandstone Park). This change shall be effective upon the adoption of this resolution. 3. A change to the land use category from Medium Density Residential to Open Space at 1448 Buffehr Creek Road /Parcel G, Residences at Briar Patch Subdivision. This change shall be effective upon the adoption of this resolution and the recording of the associated Fifth Amendment to the Residences at Briar Patch final plat. i INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2 nd day of August, 2011. F: Richard D. Cleve Mayor of the Town of Vail, Colorado f: ATTEST: rel Dona dson, SEAL own Clerk s °� Resolution No. 15, Series of 2011 3 i'