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HomeMy WebLinkAbout1993-04-20 Support Documentation Town Council Regular Session E y VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, APRIL 20, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS REVISED AGENDA 1. CITIZEN PARTICIPATION. 2. Appointment of 1 New Member to the Planning and Environmental Commission (PEC). 3. Ordinance No. 8, Series of 1993, second reading, an ordinance making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. 4. Ordinance No. 10, Series of 1993, first reading, an ordinance rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre parcel located north and east of the main Vail I-70 interchange. The applicant is SBC Development Corporation, a Colorado Corporation. 5. Proclamation No. 3, Series of 1993, a proclamation designating May 1,1993, as Law Day U.S.A. 6. Executive Session: Land Negotiation. 7. Adjournment. ~~~~~~~~~~k~~~~ THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 4/27J93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/4193, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:WGENDA.TC VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, APRIL 20, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS REVISED EXPANDED AGENDA 07:30 P.M. 1. CITIZEN PARTICIPATION. 07:35 P.M. 2. Appointment of 1 New Member to the Planning and Environmental Kristan Pritz Commission (PEC). Action Reauested of Council: Based on the interviews conducted April 13, 1993, vote to determine which individual will be appointed. One PEC position is vacant. The term will expire in February, 1995. Backaround Rationale: The candidates are Walter D. Allen, Rivers A. Jardis, Donna M. Lang, Allison G. Lassoe, and Ken Sortland. 07:40 P.M. 3. Ordinance No. 8, Series of 1993, second reading, an ordinance Steve Thompson making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. Action Reauested of Council: Approve/deny/modify Ordinance No. 8, Series of 1993, on second reading. Backaround Rationale: At the March 23, 1993, Work Session, Council approved a list of rollforward and other expenditures for supplemental appropriation. Staff Recommendation: Approve Ordinance No. 8, Series of 1993, on second reading. 07:50 P.M. 4. Ordinance No. 10, Series of 1993, first reading, an ordinance Mike Mollica rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre parcel located north and east of the main Vail I-70 interchange. The applicant is SBC Development Corporation, a Colorado Corporation. Colorado Corporation. Action Reauested of Council: Approve/deny/modify Ordinance No. 10, Series of 1993, on first reading. Backaround Rationale: Please see the CDD memo to Council dated April 20, 1993. 1 Staff Recommendation: Approve Ordinance No. 10, Series of 1993, on first reading. 8:05 P.M. 5. Proclamation No. 3, Series of 1993, a proclamation designating May Buck Allen 1, 1993, as Law Day U.S.A. 8:10 P.M. 6. Executive Session: Land Negotiation. 7. Adjournment. ~~~k~~k~~~~~k~~~k~ THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 4/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/4!93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. ~~~~k~~~~~k~~k~~~k C:IAGENDA.TCE 2 VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, APRIL 20, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS AGENDA 1. CITIZEN PARTICIPATION. 2. Appointment of 1 New Member to the Planning and Environmental Commission (PEC). 3. Ordinance No. 8, Series of 1993, second reading, an ordinance making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations as set forth herein; and setting forth details in regard thereto. 4. Ordinance No. 10, Series of 1993, first reading, an ordinance rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre parcel located north and east of the main Vail I-70 interchange. The applicant is SBC Development Corporation, a Colorado Corporation. 5. Adjournment. ~k~~~~~~~~~~~~~ THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 4/27/93, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. ~~~k~~~k~k~~~~~~~ C:UIGENDA.TC VAIL TOWN COUNCIL REGULAR EVENING MEETING TUESDAY, APRIL 20, 1993 7:30 P.M. IN TOV COUNCIL CHAMBERS EXPANDED AGENDA 07:30 P.M. 1. CITIZEN PARTICIPATION. 07:35 P.M. 2. Appointment of 1 New Member to the Planning and Environmental Kristan Pritz Commission (PEC). Action Reauested of Council: Based on the interviews conducted April 13, 1993, vote to determine which individual will be appointed. One PEC position is vacant. The term will expire in February, 1995. Backaround Rationale: The candidates are Walter D. Allen, Rivers A. Jardis, Donna M. Lang, Allison G. Lassoe, and Ken Sortland. 07:40 P.M. 3. Ordinance No. 8, Series of 1993, second reading, an ordinance Steve Thompson making supplemental appropriations from the Town of Vail General Fund, Capital Projects Fund, the Real Estate Transfer Tax Fund, Police Confiscation Fund, Heavy Equipment Fund, and 1992 Bond Proceed Fund of the 1993 Budget and the Financial Plan for the Town of Vail, Colorado; and authorizing the expenditures of said appropriations asset forth herein; and setting forth details in regard thereto. Action Reauested of Council: Approve/deny/modify Ordinance No. 8, Series of 1993, on second reading. Backaround Rationale: At the March 23, 1993, Work Session, Council approved a list of rollforward and other expenditures for supplemental appropriation. Staff Recommendation: Approve Ordinance No. 8, Series of 1993, on second reading. 07:50 P.M. 4. Ordinance No. 10, Series of 1993, first reading, an ordinance Mike Mollica rezoning three tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, Section 18.38 within the Spraddle Creek Estates Subdivision, an approximately 40 acre parcel located north and east of the main Vail I-70 interchange. The applicant is SBC Development Corporation, a Colorado Corporation. Colorado Corporation. Action Reauested of Council: Approve/deny/modify Ordinance No. 10, Series of 1993, on first reading. Backaround Rationale: Please see the CDD memo to Council dated April 20, 1993. Staff Recommendation: Approve Ordinance No. 10, Series of 1993, 1 J ' ~ on first reading. 8:05 P.M. 5. Adjournment. THE NEXT VAIL TOWN COUNCIL WORK SESSION WILL BE ON TUESDAY, 4/27193, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL OVERVIEW WORK SESSION WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 6:30 P.M. IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL EVENING MEETING WILL BE ON TUESDAY, 5/4/93, BEGINNING AT 7:30 P.M. IN TOV COUNCIL CHAMBERS. C:VIGENDA.TCE 2 Y ORDINANCE NO. 8 SERIES OF 1993 AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS FROM THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, THE REAL ESTATE TRANSFER TAX FUND, POLICE CONFISCATION FUND, HEAVY EQUIPMENT FUND, AND 1992 BOND PROCEED FUND OF THE 1993 BUDGET AND THE FINANCIAL PLAN FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 1993 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 39, Series of 1992, adopting the 1993 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town has received certain revenues not budgeted for previously; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain supplemental appropriations as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following supplemental appropriations for the 1993 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the expenditure of said appropriations as follows: FUND AMOUNT General Fund $ 288,119 Capital Projects Fund 4,191,590 Real Estate Transfer Tax Fund 1,230,853 Police Confiscation Fund 18,166 Heavy Equipment Fund 8,476 1992 Bond Proceeds Fund 1,670,000 7,407,204 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 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. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any 1 duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extend 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of April, 1993, and a public hearing shall be held on this Ordinance on the 20th day of April 20, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCuthceon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of April, 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:\ORD93.8 2 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: April 20, 1993 SUBJECT: A request to rezone Tracts A, B, C from Hillside Residential Zoning to Greenbelt and Natural Open Space Zoning within the Spraddle Creek Estates Subdivision, an approximately 40 acre subdivision located north and east of the Main Vail/I-70 interchange. Applicant: SBC Development Corporation, a Colorado Corporation. _ Planner: Mike Mollica ' I. INTRODUCTION On February 11, 1991, the final plat for a major subdivision for Spraddle Creek was approved with conditions by the Planning and Environmental Commission. One of the conditions stated that: "After final plat recording and before any building permits are released for site improvements or individual residences, the following condition must be met: •The rezoning of all open space tracts within the subdivision shall be approved by the Vail Town Council. The requested zone designation shall. be Green Belt and Natural Open Space The applicant agrees to this condition, and the PEC has recommended approval of the rezoning request. II. EVALUATION OF ZONE CHANGE REGlUEST FROM HILLSIDE RESIDENTIAL ZONE DISTRICT TO GREENBELT AND NATURAL OPEN SPACE A. Suitability of Existina Zonina The staff and Planning and Environmental Commission have determined that it is appropriate to rezone the open space tracts in the Spraddle Creek Estates Subdivision to Greenbelt and Natural Open Space zoning. The Greenbelt and Natural Open Space zoning states, in Section 18.38.010: "The Greenbelt and Natural Open Space District is designed to provide areas which, because of their environmentally sensitive nature, should be protected from encroachment by any man 1 made structure other than picnic grills and tables; and is necessary to achieve the purposes proscribed in Section 18.02.020. The Greenbelt and Natural Open Space District is intended to ensure that designated lands remain in their natural, undisturbed state. The intent shall not preclude improvement of the natural environment by the removal of weeds, deadfall or similar compatible improvements..." Staff believes that by rezoning these three parcels to Greenbelt and Natural Open Space, the intent that they remain as open space will be fulfilled. B. Is the Amendment Preventing a Convenient. Workable Relationship with Land Uses Consistent With Municipal Objectives? The rezoning effort is consistent with municipal objectives to maintain these areas as open space within the Spraddle Creek Estates Subdivision.` C. Does the Rezoning Provide for the Growth of an Orderly. Viable Community? The rezoning supports the effort to provide for orderly growth while also maintaining important open space areas within the new subdivision. D. Land Use Plan The Land Use Plan designates this area as Hillside Residential. The Greenbelt and Natural Open Space Zone District is intended to keep these sites in their natural state. III. STAFF RECOMMENDATION The staff recommends approval of the rezoning as we believe the request meets the above criteria. This request is carrying out a condition of approval per the Planning and Environmental Commission's conditions of approval for the Final Plat for the major subdivision. Please note that the Council originally reviewed this ordinance and gave it first reading approval on April 16, 1991. According to Section 4.10 -Procedure (Ordinance), of the Town of Vail Charter, "If the ordinance is approved on first reading, it shall be published once in full unless otherwise provided herein. The Council shall set a day, hour and place at which Council shall hold a public hearing on the ordinance and notice of said day, hour, and place shall be included in the first publication". Staff believes that since so much time has past since the initial reading of the ordinance in 1991, that the ordinance should be reconsidered at first reading and republished in full. 2 A ORDINANCE NO. 10 SERIES 1993 AN ORDINANCE REZONING THREE TRACTS FROM HILLSIDE RESIDENTIAL ZONING, SECTION 18.09 TO GREENBELT AND NATURAL OPEN SPACE ZONING, SECTION 18.38 WITHIN THE SPRADDLE CREEK ESTATES SUBDlVlSION, AN APPROXIMATELY 40 ACRE PARCEL LOCATED NORTH AND EAST OF THE MAIN VAIL I-70 INTERCHANGE. WHEREAS, an application has been submitted to rezone three parcels within the Spraddle Creek Estates Subdivision, commonly referred to as Tracts A, B and C, from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District in order to ensure that the Tracts remain in their natural state; and WHEREAS, the rezoning effort is consistent with Municipal objectives to maintain these proposed Tracts as open space within the Spraddle Creek Estates Subdivision; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed zoning amendment and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1 The Town Council finds that the procedures for a zoning amendment as set forth in Section 18.66 of the Municipal Code of the Town of Vail have been fully satisfied, and all of the requirements of the Municipal Code of the Town of Vail relating to zoning amendments have been fully satisfied. Section 2 The Town Council hereby rezones the property from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District. 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. 1 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 of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 1993, and a public hearing shall be held on this Ordinance on the day of , 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Margaret A. Osterfoss, Mayor ATTEST: Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this _ day of , 1993. Margaret A. Osterfoss, Mayor ATTEST: Holly L. McCutcheon, Town Clerk C:10RD93.10 2 ~V~ ~ . ~z S v` ~ :w,~ j''~3 "y yy:~,'~, s^ ~ F =au i i;=~" ;Y ~ i . ~ s ~ • PROCLAMATION NO. 3, SERIES OF 1993 a ~ , ~ A PROCLAMATION DESIGNATING ~ MAY 1, 1993, AS LAW DAY U.S.A. ~ ..r WHEREAS, May 1st is Law Day U.S.A. in the United States of " ~ - America; and ~ _<< 2 - WHEREAS, The United States ofAmerica has been the cftadel ~ • Y , = of individual liberty and a beacon of hope and opportunity for more than 200 years to many millions who have sought our shores; and r ~ ~ WHEREAS, The foundation of individual freedom and liberty _ v. is the body of the law that governs us; and f ~ . WHEREAS, The Constitution of the United States of America ; and the BiU of Rights are the heart of that body of la.w, which ~ ~ guarantees us many freedoms -including freedom of religious belief, ~y <r freedom to have and hold property inviolate, freedom of assembly, freedom of speech, freedom of press, freedom of petition, and due rocess o the law amo others; and ' ~ P .f n9 - WHEREAS, This year marks the 36th annual nationwide observance of Law Day, and the Congress of the United States and • the President by o,~j~iciai proclamation have set aside May 1 as a 7~ ~ y~. special day for recognition of the place of law in American Il; fe. ~ NOW, THEREF~URE, I, Mayor of the Town of Vail, do hereby ~j. r designate May 1, 1993, as Law Day U.S.A. and caU upon aU . y''' citizens, schools, businesses, clubs, and the news media to ~ .w ~ commemorate the role of law in ow lives. 4 J€'q • ~ .i'_ - Margaret A. Osterfoss, Mayor c '"°f tai r' C:~rn...,a3.3 .'k 1 1 Mi ~a.. 1, may- - ' may,,. ~ ~ ~ .;e ~ ~ ~ _ i:.r t'. . ~ .s_x r.. . _ F r i-~ '':mot:. ~ :s .7 ~ V` ' PROCLAMATION NO. 3, SERIES OF 1993 A PROCLAMATION DESIGNATIIITG MAY 1, 1993, AS LAW DAY U.S.A. :;Y WHEREAS, May 1st is Law Day U.S.A. in the United States of America; and r . WHEREAS, The United States of America has been the citadel ~ ~ ' ~ of individual liberty and a beacon of hope and opportunity for more than 200 years to many millions who have sought our shores; and WHEREAS, The founda.iion of individual freedom and liberty is the body of the la.w that governs us; and ~ S ~ WHEREAS, The Constitution of the United States of America ~ ~ s~~~• ~ and the BiU of Rights are the heart of that body of Iaw, which ~ guarantees us many freedoms -including freedom of religious belief, freedom to have and hold property inviolate, freedom of assembly, s freedom of speech, freedom of press, freedom of petition, and due rocess o the la.w amo ~ , p f ng others; and , _ WHEREAS, This year marks the 36th annual nationwide ~ observance of Law Day, and the Congress of the United States and h~, ~ the President by o,,~iciai proclamation have set aside May 1 as a ~ special day for recognition of the place of law in American life. ~ . v. s NOW, THEREFORE, I, Mayor of the Town of Vail, do hereby q designate May 1, 1993, as Law Day U.S.A. and call upon all jj' ~ citizens, schools, businesses, clubs, and the news media to ~ commemorate the role of law in ow lines. ~ f ~r , . Margaret A. Osterfoss,~layor .-i ¢ rf ~ ~ ti~.t ~ C:~PROC83.3 i". =.r it - ~