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Home My WebLink About1994- 4 FAILED Rezoning 7.710 Acres from Agricultural and Open Space, Section 18.32 to Low Density Multi-Family ~ ~, ~~ ORDINANCE NO. 4 SERIES OF 199q AN ORDINANCE REZONING 7.770 ACRES FROM AGRICULTURAL AND OPEN SPACE, SECTION 18.32 TO LOW DENSITY MULTI-FAMILY, SECTION 18.16 LOCATED BETWEEN TRACT C, BLOCK 2, VAIL POTATO PATCH AND PARCEL B. WHEREAS, the Town of Vail is the owner of an unplatted parcel generally located between Tract C, Block 2, Vail Potato Patch and Parcel B which is more fully described as: A tract of land in the South 112 of the Southeast 114, Section 5, Township 5 South, Range 80 West of the Sixth Principal Meridian, Eagle County, Colorado described as follows: Beginning at the point of intersection of the easterly line of said Section 6 and the northerly right-of-way of Interstate Highway No. 70 whence the southeast corner of said Section 6 bears S40°28`16"E 586.50 feet; thence the following four courses along the northerly right-of-way of Interstate Highway No. 70: 1 } N71 °33'45"W 196.10 feet; 2) N83°36'29"W 826.30 feet; 3} N74°21'35"W 244.82 feet; 4) N59°55'21 "W 174.40 feet; thence, departing the northerly right-of-way of Interstate Highway No. 70, N20°04'39"E 87.64 feet; thence N88°30'04"E 280.59 feet to a westerly angle point of a parcel of land described in Warranty Deed, Reception No. 114010, Book 218, Page 419 recorded in the office of the Eagle Cour-ty, Colorado, Cleric and Recorder; thence the following three courses along the westerly, southerly, and easterly lines of said parcel: 1) S36°23'30"W 65.24 feet; 2} S83°36'23"E 411.94 feet; 3) N00°00'00"E 180.11 feet to the northeasterly corner of said parcel; thence, departing said eas#erly line, 588°34'00"E 579.59 #eet to the easterly line of said Section 5; thence, along said easterly line S00°28'16"E 421.99 feet to the Point of Beginning, containing 7.710 acres, more or less. The above description is based on a written metes and bounds Eegal description and not a field survey; and WHEREAS, the Vail Housing Authority and the Town of Vai! have submitted an application to rezone an area of land from Agricultural and Open Space to I_ow Density Multi-Family Residential; and WHEREAS, the rezoning effort is consistent with the surrounding and immediately adjacent properties; and WHEREAS, the rezoning effort wll better reflect the actual use of the land; and 1 OMinahce i~fc. 4, Sarias °1 1994 '. ~ ~ WHEREAS, the proposed rezoning is for the benefit of the community as it meets the municipal objectives identified in the Housing Study adopted by Town Council on November 20, 1990, and the existing Land Use Plan; and WHEREAS, irj accordance with Sec#ion i 8.86.140, the Planning and Environmental Commission had a public hearing on the proposed zoning amendment and has submitted its recommendation for approval to the Town Council; and WHEREAS, ali no#ices required by Section 18.66A80 have been sent to the appropriate parties; and WHEREAS, the Town Counci! has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Tawn 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 Agricultural and Open Space to Low Density Multi-Family Residential for the exclusive use of Town of Vail' controlled employee housing in addition to the existing public uses on the site. 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 Tawn 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 far the health, safety, and welfiare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any prevision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any 2 Ordinance No. 4, Series of 1394 ut 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 repeaied or superseded unless expressly stated herein. Section 6 Ali bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repeaied 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, AND DENIED ON FIRST READING this lstday of February, 1994. ATTEST: Margaret A. Osterfoss, Mayor Holly L. McCutcheon, Town Clerk c:~oRO9a.n 3 Drdinarsca No. A, Series of 1990.