HomeMy WebLinkAbout2022-25 an Ordinance Rezoning of West Middle CreekORDINANCE NO.25
SERIES OF 2022
AN ORDINANCE REZONING LOT 5 OF THE MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM NATURAL
AREA PRESERVATION (NAP) TO HOUSING (H); LOT 4 OF THE
MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF TRACT A,
FROM NATURAL AREA PRESERVATION (NAP) TO GENERAL USE
(GU), AND THE REMAINDER OF TRACT A, MIDDLE CREEK
SUBDIVISION, A RESUBDIVISION OF TRACT A, FROM GENERAL USE
(GU) TO NATURAL AREA PRESERVATION (NAP)
WHEREAS, Town of Vail (the "Applicant") owns the real property more particularly
described and depicted in Exhibit A, attached hereto and incorporated herein by this
reference (the "Property");
WHEREAS, on June 10, 2022, the Applicant filed an application to rezone the
Property as follows: Lot 5 from Natural Area Preservation (NAP) to Housing (H); Lot 4
from Natural Area Preservation (NAP) to General Use (GU), and the remainder of Tract
A from General Use (GU) to Natural Area Preservation (NAP) (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for
rezoning;
WHEREAS, on December 12, 2022, the Planning and Environmental Commission
(the "PEC") held a properly -noticed public hearing on the Application, and recommended
that the Town Council approve Application; and
WHEREAS, on December 20, 2022, the Town Council held a properly -noticed
public hearing on the Application.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council, upon reviewing the recommendation of the
Planning Commission, hearing the statements of Town staff, the Applicant and the public,
and giving due consideration to the matter, finds and determines as follows:
a. The rezoning is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in. the Vail Comprehensive Plan and is compatible
with the development objectiv of the Town;
b. The rezoning is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
C. The rezoning prorotes the health, safety, morals, and general welfare of
the Town and promote the coordinated and harmonious development of the Town in a
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manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality.
Section 2. Based on the foregoing findings, the Town Council hereby approves
the Application and rezones the Property as follows: Lot 5 from Natural Area Preservation
(NAP) to Housing (H); Lot 4 from Natural Area Preservation (NAP) to General Use (GU);
and the remainder of Tract A from General Use (GU) to Natural Area Preservation (NAP).
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 effect the validity of
the remaining portions of this ordinance; and the 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 and the
inhabitants thereof.
Section 5. The amendment of any provision of the Town Code 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
amended. The amendment 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 ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 20t' day of December, 2022 and
a public hearing for second reading of this Ordinance set for the 31d day of January, 2023,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
ATTEST:
ep anie Bibbens, Town Clerk
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 31d day of January, 2023.
M or
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ATTEST:
�Fephgnie Bibbens, Town Clerk
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EXHIBIT A
Middle Creek Subdivision, A Resubdivision of Tract A
R
Zone District Amendment Proposal
Middle Creek Subdivision - Tract A
199 North Frontage Road West
0 W WO 200 306 ua Yuatq Diwaw �� lh1 R nt
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