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HomeMy WebLinkAboutUNPLATTED PARCEL B SPRADDLE CREEK OPEN SPACEMEMORANDUM TO: FROM: DATE: SUBJECT: fLt copr Town Council Community Development Department February 19,2008 A property information summary for an unplatted and unaddressed Town of Vail owned parcel, generally located north of the Vail Road round-about, east of the Middle Creek Subdivision, and west of the Spraddle Creek Estates Subdivision. PURPOSE The Town Council asked Slaff to prepare a summary of the available property information for an unplatted and unaddressed Town of Vail owned parcel (generally located north of the Vail Road round-about, east of the Middle Creek Subdivision, and west of the Spraddle Creek Estates Subdivision) for consideration as a future fire station site. A vicinity map of the subject site has been attached for reference (Attachment A). PROPERW INFORMATION SUMMARY The subject property was one of eight US Forest Service owned properties annexed into the Town of Vail on February 13, 1980, through Ordinance No. 7, Series of 1980. The subject property was originally subject to the Forest Service's Multiple Use Zone requirements and Eagle County zoning. According to archived Planning and Environmental Commission meeting minutes, the Town of Vail made an agreement with the Forest Service that upon annexation the Town would apply a zoning similar to what was being applied by Eagle County. According to meeting minutes, the Town and the Forest Service originally agreed to zone the property Agriculture and Open Space. The Town and the Forest Service ultimately agreed to apply the more restrictive Green Belt and Natural Open Space District to the property on April 15, 1980 through Ordinance No. 13, Series of 1980. At some point the subject property was rezoned from the now repealed Green Belt and Natural Open Space District to the current Natural Area Preservation District. This zoning does not permit the construction of any structures, including a fire station. The subject property is identified in the Comprehensive Open Lands Plan as "TOV Owned Lands, Open Space Use" property. The plan's only recommendation specific to this property was that improvements to the trailhead such as off-street parking, signs, and bike racks be provided with the Spraddle Creek Eslates development. These improvements have been constructed. On February 15,2005, the Vail Town Council designated the subject site as Open Space through Ordinance No. 7, Series of 2005. This Open Space designation does not allow the construction of a fire station on this site. This Open Space designation can only be removed from this site with the unanimous vote of the Open Space Board of Trusfees, a % malority vote of the Town Council, and the affirmative majority vote of the Town's electorate through either the regular or a special election. il. lr, ".j. '" i "{ ,l'.*i ' Subiect Site Statistics Address: None Legal Description: Unplatted Lot Size: 26.6 acres (1,158,696 sq.ft.) Zoning: Natural Area Preservation District Land Use Plan Designation: Open Space Development Restrictions: Designated Open Space Environmental Hazards: Medium Severity RocKall, and, Spraddle Creek Floodplain; and, Excessive slopes Environmental Constraints: Spraddle Creek 30-foot setback; and, Potential wetlands Built Constraints: Existing portions of Spraddle Creek Road; and, Spraddle Creek Trail, Trailhead,-and Parking CDOT owned l-70 and North Frontage Road Right-of-Way ilt. AcTloN REQUESTED OF THE TOWN COUNgIL This memorandum was prepared for informational purposes only. No action is being requested of the Town Council at this time. IV. ATTACHMENTS Attachmenl A: Vicinity MaP Attachment B: Article 12€C, Natural Area Preservation District, Vail Town Code Attachment C: Section 13.11, Designated Open Space, Vail Town Charter Attachment A 12-8C-1 SECTION: 12-8C-1: PurPose 12-BC-2: Permitted Uses 12-8C-3: Conditional Uses 12-8C-4: AccessorY Uses 12-8C-5: DeveloPmentStandards 12-8C-6: Parking And Loading 12-ae,-7; Additional Development Standards 12-8C3 my. The intent shall not preclude improve- ment of the natural environment by the removal of noxious weEds, deadlall where nacessary to protect public safety or similar compatible improvements' (Ord. 21(1994) s 10) 12-8G.2: PERMITfED USES: The follow- ing shall be Permitted uses in the NAP district: Nature preserves. (Ord.21(1994) S 1O) 12-8C-3: CONDITIONAL USES: The lollowing conditional uses shall be permitted in the NAP district, subiect to the lssuance of a conditlonal use permit in accordance with the provisions ol chapter 16 ol this title: Equestrian trails, used only to access na- tional forest sYstem lands. Interpretlve nature walks. Parking, when used in coniunction with a permitted or conditlonal use. Paved and unpaved, nonmotorlzed, bicycle paths and pedestrian walkwaYs. Picnic tables and informal seating areas. Other uses customarily incidental and ac- cessory to permitted or conditional uses Attachment B CHAPTER 8 OPEN SPACE AND RECREATION DISTRICTS ABT|CLEc.NATURALAREAPRESERVAT|oN(NAP)D|sTRlcT 12-8C-1 : PIIRPOSE: The natural area preservation district is designed to provide areas which, because ol their environmentally sensitive nature or natural beauty, shall be protected from encroach' ment by any building or other improvement' other than those listed in section 12-AC-2 ol this article. The natural area preservation district is intended to ensure thai designat- ed lands remain in their natural state, in- cluding reclaimed areas, by protecting such areas from development and preserving open space. The natural area preservation district includes lands having valuable wild- life habitat, exceptional aesthetic or flood control value, wetlands, riparlan areas and areas with significant environmental con- straints. Protecting sensitive natural areas is important for maintaining water q!4!!y and aquatic habitat, preserving wildlife habitat, flood control, protecting view corri' dors, minimizing ths risk lrom hazard areas' and protecting the natural character of Vall which is so vital to the town's tourist econo- Town of Voil September 2006 12€G3 and necessary for th6 operetlon thereof, with the exception ol buildings. (Ord. 21(1ee4) s 1o) 12-8C-4: ACCESSORY USES: Not appli- cable in the NAP district. (Ord. 21(1ee4) S 10) 12-8C-5: DEVELOPMENT STANDARDS: Not applicable in the NAP dis- trict. (Ord.21(1e94) S 10) 12-8C.6: PARKING AND LOADING: Parking and loading require- ments will be dEtermined by the planning and environmental commission during the review of conditional use requests in accor- dance with the provisions of chapter 16 of this riile. (ord. 21(1994) s 1o) 12-8C.7: N)DITIONAL DEVELOPMENT STANDARDS: Additional regula- tions pertaining to sit6 development stan- . dards and the development of land in ihe natural area preservation districi are found in chapter 14, 'Supplemental Regulations', ot this title. (Ord. 21(1994) S 10) 12-8e,-7 September 2006 Town of Vail {,) * Attachment C VAILTOWN CHARTER fi) Statutes. The applicable laws of the State of Colorado as they now exist or as they may be amended, changed, repealed, or olherwise modified by legislative procedure. (k) Elector. A person otherwise qualified to vote in the municipal elections under applicable law whether registered or not. (l) Registered Elector. A person who is qualified to vote under applicable law and who is also registered to so vote in municipal elections. (m) permanent Board Or Gommission. A board or commission intended by council to be " part of the permanent govemmental structure of the Town of Vail as established by ordinance. (1972 Charter) Section 13.'11 - Designated Open Space: (a) As used in this Charter, designated open space shall mean any interest in real property owned by the Town ol Vail which, whether acquired by purchase, donation, condem- nation,-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 designatioi change other than one of lhe open space zone districts identified in this afticle, unless all terms and provisions of this article have been met. (b) Characteristics Of Designated Open Space. To qualify as designated open space, the designated parcel must be owned by the Town of Vail and zoned natural area preserva- tion, outdoor recreation, or agriculture open space and be either: 1) Environmentally sensitive lands (wetlands, riparian areas, critical habitat identifted by the Division of Wildlife, or the Natural Heritage Program); 2) 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 3) Town of Vail parks that provide passive outdoor recreation opportunities. (c) 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 ol Vail council member and one planning and environmental commissioner. The town council member and the planning and environmental commissioner shall be designated by their respective boards. The designated open space board shall not perform any administiative functions unless expressly provided in this Charter' The board shall: 1) Make recommendations to the town council of appropriate parcels to be designated as oPen sPace; and 2) Make recommendations to the town council concerning rernoving parcels from a designated oPen sPace status. VAIL TOWN CHARTER The town council and/or the town manager shall not act on any of the matters set forth in paragraphs 1) and 2) without securing a recommendalion from the board as above provided. The board's recommendation shall not be binding upon the town council. (d) Creation Of A Designated Open Space Parcel. Upon unanimous recommendation lrom the open space board of trustees concerning a parcel of land which meets the character- istics 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 aflirmative vote 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 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 Section to such designated open space be permitted, until such disposal as set forth in paragraph (e) below has been approved. (e) Disposal Of Designated Open Space. Town council may consider the sale, lease, trade, alienation, partition, granting of an exclusive license or permit, use or zone change other than one of the open space zone districts identified in this Section 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 ol 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. lf 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 eadier 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 polls at the time of the election. (Charter amd. 11-21-1995) ARTICLE XIV TRANSITION PERIOD Section 14.1 - Effective Date Of Charter: This Charter shall become effective immediately upon voter approval except that those provisions of Article lX relating to the preparation and submission of the budget and capital program shall become effective forthe 1973 annual budget, and those provisions in Article lll relating to the election of councilmen shall become effective at the first regular election scheduled under this Charter to be held in November, 1973. U.tllt l tc lrctool ta9 lAiT q IR€I vt a.."@rrdll{+Llcl ,f --ILI ittEial T0 lctt VAIL {&. VAL VITTAGE FIUI{G 4 I a, aoo ra{oa vr|"A!rq 59lt xailol v.Aglc 505 .:=: rjj< 5 18 107 ?AICELg u:4ron t,cF L, )o. r': ; :;',, 4: ":*"=,,) Irl5" i VAIL VILLAGE FILING 7 TRACT B SPRAODLE CREEK ESTATES r-2"/;'\_'-wl $ss VAIL VILLAGE RLIiIG 5 A8,c rL- 3471 | a 7\ iE nEd (0211412008) Lynne Campbell - addr parcel From: Sean Koenig To: Bill Gibson; Lynne CampbellDate: 0211312008 2:55 PMSubject address for Spraddle Creek trailhead parcel Parcel # 210105300013 Address: 150 Spraddle Creek Road