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HomeMy WebLinkAbout1995-13 Amending the Charter of the Town of Vail to Protect Designated Open Space' ~ a ~ • ORDINANCE NO. 13 Series of 1995 AN ORDINANCE AMENDING THE CHARTER OF THE TOWN OF VAIL, COLORADO TO PROTECT DESIGNATED OPEN SPACE. WHEREAS, the Town Council has approved an Open Land Plan which included a provision to require voter approval before the use or ownership of a "Designated" Open Space parcel could be changed; and WHEREAS, the Town Council believes that it is appropriate to freeze zoning on certain designated properties in perpetuity unless, and until, a majority of the Town of Vai! registered electors decided to remove the "Designated Open Space" classification; and WHEREAS, the Tawn Council wishes to submit an amendment to the Charter of the Town of Vall to the registered electors of the Town of Vail for their vote. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL` OF THE TOWN OF VAIL, COLORADO, AS 1=OLLOWS: 1. The Charter of the Town of Vail, Colorado is hereby amended to include an article entitled Designated Open Space to read as follows: Section ~. Designated Open Space. As used in this Charter, Designated Open Space shall mean any interest in real property owned by the Town of Vail which, whether acquired by purchase, donation, condemnation, ar any other means, has been dedicated by ordinance as Designated Open Space. Such Designated Open Space shall not be alienated, sold, leased, or subjected to a zoning designation change other than one of the open space zone districts identified in this Article, unless all terms and provisions of this article have been met. Section ~. Characteristics of Designated Open Space. To qualify as Designated Open Space the designate parcel must be owned by the Town of Vail and zoned Natural Area Preservation, Outdoor Recreation, or Agriculture Open Space and be either: a} environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife ar the Natural Heritage Program); b} high natural hazard areas including the 1Qt} year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or c) Town of Vail parks that provide passive outdoor recreation opportuni#ies. Ordinance No. 13, Series of 1845 • • Section 3, Creation of the Designated Open Space Board of Trustees. There shall be an open space Board of Trustees consisting of three members. The members of the Board shall be the Town Manager, one Town of Uail Council member, and one Planning & Environmental Commissioner. The Town Cauncil member and the Planning & Environmental Commissioner shall be designated by their respective boards. The Designated Open Space Baard shall not perform any administrative functions unless expressly provided in this Charter. The Board shall: a) make recommendations to the Town Council of appropriate parcels to be designated as open space; and , b) malts recommendations to the Town Cauncil concerning removing parcels from a Designated Open Space status. The Town Council and/or the Town Manager shall not act on any of the matters set forth in paragraphs (a) and (b} without securing a recommendation from the Board as above provided. The Board's recommendation shall not be binding upon the Town Cauncil. Section 4. Creation of a Designated Open Space Parcel. Upon unanimous recommendation from the Open Space Board of Trustees concerning a 4 parcel of land which meets the characteristics as set forth in this Charter, the Town Council shall consider an ordinance to include such parcel as Designated Open Space. Every ordinance designating Open Space shall require the affirmative vats of three- fourths of the entire Council for final passage, No Designated Open Space may be sold, leased, traded, or otherwise conveyed, nor may any exclusive license or permit an such Designated Open Space land be given, nar may any use or zone change other than one of the open space zone districts identified in this Article to such Designated Open Space be permitted, until such disposal as set forth in Section 5 below has been approved. Section S. Disposal of Designated Open Space. Town Council may consider the sale, lease, trade, alienation, partition, granting of an exclusive license or permit, use ar zone change other than one of the open space zone districts identified in this Article of Designated Open Space only upon receiving a unanimous recommendation of such action from the Open Space Board of Trustees. Once such recommendation is received the Town Council shall consider an ordinance referring such question of disposal of Designated Open Space to the registered electors at a Town election for their acceptance or rejection. The ordinance shall give the 2 Ordinance No. 13, Series of i895 ~ ~ location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire Council for passage. The vats of the Town on proposed disposal of Designated Open Space shall be held not less than thirty days and not later than ninety days from the date of the final Cauncil vote thereon. If no regular Town election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Counci! may at its discretion provide far a special election at an earlier date within the prescribed period. Copies of the proposed ordinance to dispose of Designated Open Space shall be made available to the public within a reasonable time before the election and also at the poles at the time of the election. 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 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 tha# any one or mare 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 #hereof. 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Cade 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 proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repea! of any provision hereby shall not revive any provision or any ordinance previously repealed nr superseded unless expressly stated herein. 5. 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, ar part thereof, theretofore repealed, INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 5th day of September, 1995. A public hearing shalt be held 3 Ordinance No. 13, Series of 1995 ~..' hereon on the 19th day of September, 1995, at the regular meeting of the Town Council of the Town of Vaii, Colorado, in the Municipal Building of the Town. ~. Margaret . Osterfoss, Mayor ATTEST: aE~~, ~~ Lori Aker, Deputy Tawn Clerk ~''~~ii~.,cQLQRAO~ a,~ READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED ~ ~.~C this 19th day of September, 1995. . ~ ~_ ._ Margaret A. Osterfoss, Mayor ~ ATTEST; ~ ~ ~ ~ ~ ~11~1 ~ - Lori Aker, Deputy Town Clerk '~~ ~''%:.~O~QRP00 Ordinance No. 13, Series o! 1996 .~_ ~'~, ~V Ir L r OF rllW 7S South Frontage Road Vail Colorado 81657 97D-479-213/479-2139 FAX 970-479-2452 TO: Vail Town Council Department of Community Development FROM: Administration & Community Development DATE: September 5.1995 SUBJECT: Protection of Designated Open Space Staff: Tom Moorhead and Russ Forrest I. PURPOSE: The purpasa of this memorandum is to discuss a means of increasing protection of Town of Vail owned parks and open space parcels. The Comprehensive Open Lands Plan identified next steps to better protect Town of Vail open space. An issue raised during the development at the Plan was that parcels zoned as either Natural Area Preservation, Agriculture Open Space, or Outdoor Recreation can be changed by the Vail Town Council. It was also felt that property owners may be hesitant to donate land to the Town knowing the Town could rezone the property to any existing Town zone district. II. BACKGROUND: A key next step in the Open Lands Plan was to develop an ordinance or charter amendment that required voter approval before the use of a "designated" open space parcel could be changed. To designate a parcel as open space, the Town Council would pass a ordinance identifying~a parcel (most likely Town ownedy as "designated open space." .This could have the effect of freezing zoning nn that property in perpetuity unless a majority of Vail voters in a referendum decided to remove the designated open space classification. Staff has contacted the cities of Boulder and Denver ~to obtain copies of their ordinances on protecting open space and park lands. The Boulder City Charter requires approval by both the City Open Space Committee and Town Council before land can be sold.. It also provides a process whereby the general public through a referendum could overturn the Town Council's vote to dispose of open space. Denver, as part of the City Charter., prohibits the City from disposing of designated park lands. If the City would want to dispose of park land, the City would have to amend its charter to allow for the disposal of a specific parcel. This requires a vote of the people. Also the Denver Charter states that public property cannot be compromised for other purposes. As a result there is protection of park land from transmission lines and other utility corridors, which could affect park values. Both Denver and Bouider.aliow for significant flexibility in providing for a wide variety of uses on park lands and open space, Denver can evep change zoning nn park lands to allow for more intensive recreational activi#ies or conversely can place a more restrictive zoning on~open lands. ~~~• RECYCLEDPMER • ~ ttt. RECOMMENDATION: On May 2, i ass, staff presented several alternatives to further protect Tnwn owned open space. Options included using conservation easements to permanently protect open space, creatlng an ordinance or charter amendment that would require a vote of the people before designated open space could bs sold or rezoned. After reviewing the Tawn Councils comments from this worksession, staff would like to recommend creating a Charter Amendment that would create a open space commission and require a vote of the people before designated properties coukt be sold, leased, or have the zoning changed in a non open space zone district The open space commission would include the Town Manager, ~ Town Council Member, and i Planning and Environmental Commissioner. There would be iwo basic function of a Charter Amendmenrt: ~ . 1) designating parcels as open space and 2} removing parcels from a designated status. Staff recnntmends that properties be placed in a designated status based on whether a parcel met specific criteria, Staff could assist in recommending parcels for designation using these criteria. Then the Open Space Commission would review staff's recommendation and vats an . designating a~ property as open space. Then the Town Council would have to pass an ordinance upon an affirmative vote from the Open Space Commission to place a property in a designated status. Specific criteria far placing parcels in a designated status include: a) parcels must be zoned Natural Area Preservation (NAP), Outdoor Aecreatlon (OR), or Agriculture Open Space (AOS). b) environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife or the National Heritage Program). c} High natural hazard areas including the 100-year floodpfain, red avalanche hazard area, high rockfall hazard area, and high debris flow hazard areas. d) Town Parks that provide passive outdoor recreation opportunities. " A parcel must meet criteria (a} and one of the following criteria (b-d} The Charter Amendment would require tits fallowing before a parcel of land that is designated open space could be sold, leased, or rezoned io any zone district other than the Natural Area Preservation, Outdoor Recreation, or Agriculture Open Space: 1 }Unanimous vote of the Open Space Commission. 2) A three quarters (3/4} vote from the Town Council to Create a ballot issue to sell or signi~can~y change the use of a parcel designated as open space. 3) A majority vote of registered voters in the Town of VaiG ,. tV. Next Steps tf the above recommendations are acceptable to the Town Council, staff recommends that tan~uaae tse prepared immediately for a Charter Amendment arMt a ballot Issue for the November . electiart. ' _ m ~qro~-*mm~~aa~ a~~'~ O ~ ' C -F cd to ~ N ~ Q ~ N x ~ ~ ~ `C7 c~D (7 ~- ~. 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O -I ~ ~ n ~e ~ m ~c w ~ ca cx ~ ~ ~ &&? ~ ~ m ~ ~ ~ ~ 6 r~' ~ y. 5 7~ m m m a_ m ~ ~ PUBLIC NOTICE TOWN OF VAIL, COLORADO ors crn~~a'rx~~ ~ cu. Seg. /r f~rfrcle /3.~n ~hQ NOTICE IS HEREBY GIVEN that of the regular municipal election of the Town of Vail which was held at the Vail Municipal Building an Tuesday, November 2~, 9995,.the following Charter Amendment was approved: A PROPOSITION AMENDING THE CHARTER OF THE TOWN OF VAIL, COLORADO, TO INCLUDE AN ARTICLE ENTITLED DESIGNATED OPEN SPACE. ?'i2vx.. Section 1. Designated Open Space, As used in this Charter, Designated Open Space shall mean any interest in real property owned by the Town of Vail which, whether acquired by purchase, donation, condemnation, or any other means, has been dedicated by ordinance as Designated Open Space. Such Designated Open Space shall not be alienated, sold, leased, or subjected to a zoning designation change other than one of the open space zone districts identified in this Article, unless all terms and provisions of this article have been met, Section 2. Characteristics of Designated Open Space. To qualify as Designated Open Space, the designate parcel must be owned by the Town of Vail and zoned Natural Area Preservation, Outdoor Recreation, or Agriculture Open Space and be either: a) environmentally sensitive lands (wetlands, riparian areas, critical habitat identified by the Division of Wildlife, or the Natural Heritage Program); b) high natural hazard areas including the 100 year flood plain, red avalanche hazard area, high rock fall hazard area, and high debris flow hazard area; or c} Town of Vail parks that provide passive outdoor recreation opportunities. Section 3. Creation of the Designated Open Space Board of Trustees. There shall be an open space Board of Trustees consisting of three members. The members of the Board shall be the Town Manager, one Town of Vail Council member, and one Planning & Environmental Commissioner. The Town Council member and the Planning & Environmental Commissioner shall be designated by their respective boards. The Designated Open Space Board shall not perForm any administrative functions unless expressly provided in this Charter. The Board shall: a) make recommendations to the Town Council of appropriate parcels to be designated as open space; and b) make recommendations to the Town Council concerning removing parcels from a Designated Open Space status. The Town Council andlor the Town Manager shall not act on any of the matters set forth in paragraphs (a} and (b) without securing a recommendation from the Board as above provided. The Board's recommendation shall not be binding upon the Town Council. Section 4. Creation of a Designated Open Space Parcel. Upon unanimous recommendation from the Open Space Board of Trustees concerning a parcel of land which meets the characteristics as set forth in this Charter, the Town Council shall consider an ordinance to include such parcel as Designated Open Space. Every ordinance designating Open Space shall require the affirmative vote of three-fourths of the entire Council for final passage. No Designated Open Space may be sold, leased, traded, or a#herwise conveyed, nor may any exclusive license or permit on such Designated Open Space land be given, nor may any use or zone change other than one of the open space zone districts identified in this Article to such Designated Open Space be permitted, until such disposal as set forth in Section 5 below has been approved. Section 5. Disposal of Designated Open Space. Town Council may consider the sale, tease, trade, alienation, partition, granting 1 ~e of an exclusive license or permit, use or zone change other than one of the open space zone districts identified in this Article of Designated Open Space only upon receiving a unanimous recommendation of such action from the Open Space Board of Trustees. Once such recommendation is received, the Town Council shall consider an ordinance referring such question of disposal of Designated Open Space to the registered electors at a Town election for their acceptance or rejection. The ordinance shall give the location of the land in question and the intended disposal thereof. Every such ordinance shall require the affirmative vote of three-fourths of the entire Council for passage. The vote of the Town on proposed disposal of Designated Open Space shall be held not less than thirty days and not later than ninety days from the date of the final Council vote thereon. If no regular Town election is to be held within the period prescribed in this subsection, the Council shall provide for a special election; otherwise, the vote shall be held at the same time as such regular election, except that the Council may at its discretion provide for a special election at an earlier date within the prescribed period. Copies of the proposed ordinance to dispose of Designated Open Space shall be made available to the public within a reasonable time before the election and also at the pales at the time of the election. There will be one election precinct for said Regular Municipal Election, the boundaries of which shall be the same as those of the Town and the polling place for which shall be the Vail Municipal Building, Vail, Colorado. The absent voter and walk-in absent voter polling place shall also be the Vail Municipal Building, 75 South Frontage Road, Vail, Colorado 81657. The votes cast shall be recorded on voting machines and said election shall be held and conducted, the returns thereof canvassed, and the resin#s thereof declared, in the manner prescribed by law for all such regular municipal elections in the Town. IN WITNESS WHEREOF, the Town Council has caused this notice to be given. TOWN OF VAIL Holly L. McCutcheon Town Clerk PUBLISHED IN THE VAIL TRAIL ON December 8, 1995. F:IHOLLYIWPPILESIUSERSIELECTIONIPN-CHART.WPQ 2