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HomeMy WebLinkAbout1994- 5 Rezoning a Tract from Primary/Secondary Residential, Section 18.13 to Low Density Multi-Family Residential, Section 18.16 Generally Located at 2850 Kinnickinnick Road~~ • ~ ORDINANCE NO. 5 SERIES OF 1994 AN ORDINANCE REZONING A TRACT FROM PRIMARYISECONDARY RESIDENTIAL, SECTION 18.13 TO LOW DENSITY MULTI-FAMILY RESIDENTIAL, SECTION 18.16 GENERALLY LDCATED AT 2850 KiNNICKINNICK RDAD MORE SPECIFICALLY DESCRIBED AS: A parcel of land in the Southwest quarter of Section 14, Township 5 5ou#h, Range 81 West of the 6th Principal Meridian, more par#icularly described as follows: Beginning at a point whence a brass cap set for a witness corner for the West quarter of said Section 14, beers (North 29 degrees 28 minutes 51 seconds West, 1073.08 feat Deed) (North 43 Degrees 15 minutes 02 seconds West, 915.96 feet Measured); Thence North 74 degrees 05 minutes 19 seconds Eas#, 10.76 feet; Thence 183.62 feet along the arc of a curve to the right which are subtends a chord bearing North 68 degrees 12 minutes 30 seconds East, 181.76 feet; Thence South 77 degrees 40 minutes 21 seconds East, 62.77 feet; Thence 147.43 feet slang the arc of a curve to the left which arc subtends a chord bearing North 86 degrees 36 minutes 17 seconds Salt, 145.60 feet; Thence North 70 degrees 52 minutes 55 seconds East, 406.55 feet; Thence 54.10 feet along the arc of a curve to the right which arc subtends a chord bearing South 47 degrees 20 minutes 37 seconds East, 44.20 feet; Thence South 14 degrees 25 minutes 50 seconds West, 110.51 feet; Thence South 68 degrees 18 minutes 91 seconds West, 32D.00 feet; Thence North 19 degrees 07 minutes 05 seconds West, 50.00 feet; Thence South 77 degrees 48 minutes 41 seconds West, 160.18 feet; Thence South 10 degrees 53 minutes 33 seconds West, 36.48 feet; Thence North 87 degrees 40 minutes 06 seconds West, 337.72 feet; Thence (North 11 degrees 52 minutes 13 seconds East, 130.00 feet Deed) North 11 degrees 55 minutes 31 seconds East, 129.75 feet Measured) to the PAINT OF BEGINNING. Hearing from G.t..O, record for South half of Sectforl line beiween Sections 14-15. (G.L.O. record South 01 degrees 30.2 minutes l=ast) (South Oi degrees 38 minutes 32 seconds East Measured) WHEREAS, the property located at 2850 Kinnickinnick Road has been replatted to a single lot from an unplatted parcel in accordance with Section 17.2x.030; and WHEREAS, an application has been submitted to rezone the Int from Primary/Secondary Residential to Low Density Multi-Family Residential; and WHEREAS, the rezoning effort is consistent with the surrounding and immediate adjacent properties; WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission had a public hearing on the proposed zoning amendment and has submitted its recommendation to the Town Council; and WHEREAS, the applicant has agreed to plat restrictions which shall be recorded on the plat at the offiice of the Eagle County Clerk and Recorder prior to second reading which stipulate how the future development shall occur.; and WHEREAS, all notices required by Section 18.66.080 have been sent to the appropriate parties; and 4'~'I tEREAS, the Town Council has field a puoiic hearing as required by Lhapter 18.66 of the Municipal Cade of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Ordinance hlo. 5, Series of ~ 994 ~ ~ Section 1 The Town Counci! finds that the procedures for a zoning amendment as set forth in Chapter 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 Primary/Secondary Residential to Low Density Multi-Family Residential. Section 3 If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held #o 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. 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 thereo#. 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 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 Alf 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. Ordinance Nq. 5, Series of 1994 ~' ~~ ~.. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED IN FULL ON FIRST READING this 3rd day of May, 1994, and a public hearing shall be held on the 17th day of May, 1994, at 7:3Q p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~. ~ Margaret A. Osterfoss, Mayor ATTEST: "!' Y U ~ ~~ 0 rr~~, ~ ~e 1 , Holly ~.. McCutcheon,~ Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED BY TITLE ONLY this i 7th day of May, 1994. l.C, -. Margar A. Osterfoss, Mayor ATTEST: . { i~~'-~ Holly L, McCutcheon, Town Clerk C:hORD9~4.5 Ordineoea No. 5, Sarlae o} 1894