HomeMy WebLinkAbout2015-04 Protection Certain Stream Tract Property in the Town by Prohibiting the Installation or Maintenance of Private Improvements on Such PropertyORDINANCE NO.4
SERIES 2015
AN ORDINANCE PROTECTING CERTAIN STREAM TRACT
PROPERTY IN THE TOWN BY PROHIBITING THE INSTALLATION OR
MAINTENANCE OF PRIVATE IMPROVEMENTS ON SUCH PROPERTY
WHEREAS, the Town is the owner of certain real property consisting of natural
riparian area along the creeks and streams within the Town;
WHEREAS, the Town is committed to environmental protection and stewardship
and open space conservation;
WHEREAS, over time, private improvements such as landscaping, patios and
other improvements from properties adjacent to stream tracts have been constructed
and maintained within the Town's riparian areas without permission or authorization
from the Town;
WHEREAS, these private encroachments are not in keeping with the use of
stream tracts as naturalized open space, and further, such private improvements
significantly damage these sensitive riparian areas and impede their use and enjoyment
as public open space; and
WHEREAS, pursuant to the Town's authority to regulate for the public health,
safety and welfare, the Town Council desires to clarify that Town stream tracts shall be
used solely and exclusively as natural open space, and private improvements or
encroachments of any kind are prohibited in these areas without the prior written
authorization of the Town Council.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. To protect the public health, safety and welfare by regulating
sensitive stream tract areas in the Town, the Town Council hereby declares that Tract C
shown on the Plat for Vail Village, Eleventh Filing shall be used solely and exclusively
for natural open space purposes and shall be maintained at all times as vacant and
undisturbed land in its natural condition, or for limited public pedestrian or passive
recreational uses as may be determined by the Town to be consistent with the use of
stream tract as natural open space.
Section 2. No person other than the Town shall erect, construct or maintain, or
cause or permit the erection, construction or maintenance of, any encroachment on or
within Tract C, including any area designated as an easement thereon. Encroachments
prohibited by this ordinance mean a private improvement of any kind located in Tract C,
whether temporary or permanent in nature, including without limitation landscaping,
irrigation systems, garden improvements, patios, decks, fencing, retaining walls, sheds,
pathways, gravel, concrete, outdoor furniture, benches and play equipment.
Encroaching activities prohibited by this ordinance also include mowing, trimming or
Ordinance No. 4, Series of 2015
cutting any grasses, trees or other vegetation in Tract C by any person other than the
Town or without the Town's authorization.
Section 3. Notwithstanding the foregoing, the Town may authorize an
encroachment on Tract C, upon a finding by the Town Council that the encroachment is
not inconsistent with the designated uses of the stream tract and will not detrimentally
impact the stream tract's environmental values. Such authorization shall be evidenced
by a resolution adopted by the Town Council and recorded in the real property records
of Eagle County.
Section 4. The Town Council hereby finds, determines and declares that this
ordinance enacting provisions for the protection of stream tracts in the Town, including
specifically Tract C of the Vail Village, Eleventh Filing, is in accordance and harmony
with those certain deed restrictions set forth in the deed from the Vail Corporation to the
Town of Vail dated December 21, 1999, by which the Town acquired Tract C and which
expressly provides in Section 1.1.b of Exhibit B to the deed that the Town may further
restrict the uses on and within Tract C consistent with the purpose of Tract C as natural
open space. To the extent that private improvements are not otherwise already
prohibited on Tract C, this ordinance shall constitute the Town's further restriction on
Tract C, expressly prohibiting such private improvements.
Section 5. 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 6. 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of March, 2015 and a
public hearing for second reading of this Ordinance set for the 7th day of April, 2015, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
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Andrew P. Da , Mayor
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Patty K - \--y, T
Ordinance No. 4, Series of 2015 2
READ AND APPROVED ON SECOND READI ND ORDERED PUBLISHED
this 7t day of April, 201 N
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SEALAndrew P. Daly, Ma o
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Ordinance No. 4, Series of 2015 3