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HomeMy WebLinkAbout1993-10 Rezoning Three Tracts from Hillside Residential Zoning, Section 18.09 to Greenbelt and Natural Open Space Zoning, SEction 18.38 within the Spraddle Creek Estates Subdivision, an Approximately 40 Acre Parcel~ ''' ~ ~ ~ ORDINANCE NO. 10 Series of 1993 AN ORDINANCE REZONING THREE TRACTS FROM HILLSIDE RESIDENTIAL ZONING, SECTION ~8.t19 TO GREENBELT AND NATURAL OPEN SPACE ZONING, SECTION 18.38 WITHIN THE SPRADDLE CREEK ESTATES SUBDIVISION, AN APPROXIMATELY 40 ACRE PARCEL LOCATED NORTH AND EAST OF THE MAIN VAIL I-70 INTERCHANGE. WHEREAS, an application has been submitted to rezone three parcels within the Spraddle Creek Estates Subdivision, commonly referred to as Tracts A, B and C, from Hillside Residential Zone Dis#rict to Greenbelt and Natural Open Space Zone District in order to ensure that the Tracts remain in their natural state; and WHEREAS, the rezoning effort is consistent with Municipal objectives to maintain these proposed Tracts as open space within the Spraddle Creek Estates Subdivision; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing nn the proposed zoning amendment and has submitted its recommendation to the Town Gouncil; and WHEREAS, all notices as required by Section 18.66.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Gode of the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section i The Town Council finds that the procedures for a zoning amendment as set forth in Section 18.86 of the Municipal Code of the Tawn of Vail have been fully satisfied, and all of the requirements of the Municipal Code of the Town of Vai! relating to zoning amendments have been fully satisfied. Section 2 The Town Council hereby rezones the property from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District. Section 3 if any part, section, subsection, sen#ence, clause ar 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 1 ,~ ~ ~ f 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 thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision heret~y sha11 not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 20th day of April, 1993. A public hearing shall be held hereon on the 4th day of May, 1993, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ~. as Mar ret A. Osterfoss, Ma ATTEST; Holly McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 4th day of May, 1993. Mar ret A. Osterfoss, Mayo ATTEST: ~~ ~~~~~ Holly McCutcheon, Town Clerk C:1DRD93.10 G • ~ z~ w. a~~~~v waZgw~'u4l Wp' u"~-~~'~. W - a ,,. .r ~ O ~ 't sa r ,1 =z~wusrawi~_ ~d ~ r wa~ p pr I •~~ ~OZN U~ T~f1 Vy, Of `9 2` 70~ V RCN C1 % 2W ~_ 'o ••F a ~Z~.52~~p~~~i~+ ~ - S rL-.r Ap,~QWS~pjO~y Z~~~~': ~ c}a ~1 f/S I`j (jQ 4aO~~R ~ ~~ ~~oQN $Q~4 dp dpi = yy ++~Sa wdma z ¢W xs 9~ V=U=~'tAW OO"~A~{jy'w A 6 ~~~~ d`i pyY~ ~7Q~i t ~ ~ Qcn`~'~~r~naw~a ~NZ~~-a 1' 1, Q r Q~ rti ~ ~ (~ ~ N ~ ~ ~ 0 ~ Q p. O ~ U ,F,.. ~ C} ~ ~_ ~ fl. ~ .~- ~ ~ N ~ ~ m C a ~x ~ ~ o p ~ ~ 4> t~~u v ~ ~ j ~ ~ o d cv O ~ ~ ~` 3 ~~ .~ ;o ~ m ~ o n a ~ ~ ~ ~~ N c ° ~ ~ ~ a~ -~ ~ ~ c a ~ o _ ~ ~ ~ ° ~ ~ ~ a m v ~ t3 m ~~ , ~ c3 a- ~ c N ~ ~ y ~ ~ ~ ~ ~I '~ ~ ~ ~ 4 ~ ~ ° a m o ~ o o "~ ° a, ~ '- ~ n c Q ~ o r- cu o c ~ o ~ ~ ~ ~ ~ ~ o '~ ~ r3 ~ o c c c m N ~6`~ ~ L }a U `~ 9 ~ p 9 ~ ~ 'm ~ a ~ ~ ~- .- Q, N a, ~ ~ ~ ~ O ~ d) ~~ 3 Q o c c ~ -e ~, w- ~ ~ a s~. ~ „~ ~ a o ~ a~ a~°L°~~o~3 ~~ ~ ~ 90 ~ i~ ~ ~ c ~ ~ ~ O V c G ~ Cil ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ fl ~ per. `~ U o ~' ~ ° 3 ~ ~ °' `~ ~ a ~ . ~ o ~ ~ c o ~ ~ m ~_ 9 1 ~~ -~'~~ n ?t ~ ~ G 7 ~- -~ ~ ~ ~_ ~ z3 -a -~ .~- c3. I a W 4 J ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ Q ~ - j U 9 ~ ~ ~ ~ 3 ~ ~ I ~ t/~ r< ''- .- n u- a^~ X Q E z ~ ~ ~ ORDINANCE N0. 11 Series of 1991 AN ORDINANCE REZONING THREE TRACTS FROM HILLSIDE RESIDENTIAL ZONING, SECTION 18.09 TO GREENBELT AND NATIIRnT. OPEN SPACE ZONING, SECTION 18.38 WITHIN A PARCEL, COMMONLY REFERRED TO AS SPRADDLE CREEK, AN APPROXIMATELY 40 ACRE PARCEL LOCATED NORTH AND EAST OF THE MAIN VAIL INTERCHANGE AND EAST OF THE SPRADDLE CREEK LIVERY. WHEREAS, an application ~~~~~~ ~~ ~Q',~ reorge Gillett to rezone three parcel -{~~j(,~(~ ~~~'~~~. , Creek Subdivision, commonly referrE ~r /t'~,I'~5-~ ~ ~~~ ~ from Hillside Residential Zone Dist bp[,t.(~!~s119'K- !~ ~G~O(p~ Open Space Zone District in order t in in their natural state; ~ ' ~@~ ~1ka~ • /0~ /5y9.3 WHEREAS, the r ~ QS ,~j(,~~,~ [.y4 cipal objectives to mainta'~0 Ohm • ~~~ ~'~ ithin the Spraddle Creek S WHEREAS, in acc i 18.65.140, the Planning and Environmental Commission held a public hearing on the proposed zoning amendment and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.56.080 have been sent to the appropriate parties; and WHEREAS, the Town Council. has held a public hearing as required by Chapter 18.65 of the Municipal Code of the Town of Vail. NOW, THEREFQRE, BE ZT 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 18.56 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, more particularly described in Exhibit A, attached hereto, from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District. ~ ~ ~ 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 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 ar more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section ~! 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 thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 of by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision ar any ordinance previously repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this lly~-~ day of ~- [J~~c.C , 1991 . A public hearing shall be held hereon on the day of 1991., at the regular meeting of the Town Council of the Tawn of Vail, Colorado, in the Municipal Building of the Town. ~~~~~~ Kent R. Rose, Mayor ATTEST: ~~~.~~~~ Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBS~ISHED this day of~ , 1991 . 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Q.VN04j l/SQ C1~~Q~m ~'t~ ~~~~y q~ZO~m ~p a~~~~~ ~ ~ ~ ORDINANCE N0. 11 Series of 1991 AN ORDINANCE REZONING THREE TRACTS FROM HILLSIDE RESIDENTIAL ZONING, SECTION 18.09 TO GREENBELT AND NATURAL OPEN SPACE ZONING, SECTION 18.38 WITHIN A PARCEL, COL~iONLY REFERRED TO AS SPRADDLE CREEK, AN APPROXIMATELY 40 ACRE PARCEL LOCATED NORTH AND EAST OF THE MAIN VAIL INTERCHANGE AND FAST OF THE SPRADDLF CREEK LIVTRY. WHEREAS, an application has been submittd by Mr. George Gillett to rezone three parcels within the proposed Spraddle Creek Subdivision, commonly referred to as Tracts A, B and C from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District in order to ensure that the tracts remain in their natural state; and WHEREAS, the re2oning effort is consistent with Municipal objectives to maintain these proposed Tracts as open space within the Spraddle Creek Subdivision; and WHEREAS, in accordance with Section 18.66.140, the Planning and Environmental Commission held a public hearing on the proposed zoning amendment and has submitted its recommendation to the Town Council; and WHEREAS, all notices as required by Section 18.65.080 have been sent to the appropriate parties; and WHEREAS, the Town Council has held a public hearing as required by Chapter 18.66 of the Municipal Code of the Tawn of Vail. NOW, THEREFORE, BE YT 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 18.6.6 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, more particularly described in Exhibit A, attached hereto, from Hillside Residential Zone District to Greenbelt and Natural Open Space Zone District. ,r ~ s 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 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 far the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5 The repeal or the repeal and reenactment of any provision of the Vail Municipal 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 of 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 repealed or superseded unless expressly stated herein. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this day of , 1991. A public hearing shall be held hereon on the day of 1991, at the regular meeting of the Town Council of the Town of Va~.l, Colorado, in the Municipal Building of the Town. Kent R. Rose, Mayor ATTEST: tt,~v ~. ~ :Pamela A. Brandmeyer, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED - this day of , 1991. Kent R. Rose, M yor ATTEST: ~,iiL~Ca~-~ Pamela A. Brandmeyer, Town Clerk ~~ ~•~ • ~ • ~, 1 ~ To: Planning and Environmental Commission FROM: C.,.,..,,unity Development Department DATE: February 12, 1991 RE: A request for a review and recommendation to Town Council regarding adoption of the Stephens Park Master Plan; site is located at the southeast corner of South Frontage Road West and Kinnickinick Road. Applicant: Town of Vail I. PROJECT DESCRIPTION Stephens Park is made up of three distinct parts. One is on the north side of Gore Creek, the second is on the south side of the creek closer to the Intermountain neighborhood, and the third is on the west side of Kinnickinick Road. The Town plans to develop Stephens Park in two phases. Generally, the north side of the park will be done in Phase I: and the south side will be done in Phase II. Items that will be built in Phase I include the multi-purpose field {including the irrigation and the grass), the parking lot, all of the grading in the park, the pedestrian bridge, the paved walkway around the parking lot and picnic shelter, and all the underground utilities to serve the restrooms and irrigation systems. Phase II will include all of the plantings in the park, the gravel trails and the play structure. The area of the park west of Kinnickinick Road is not planned to be developed at this time, This area may be used for a future fire station. The budget of the park is approximately $300,000, half of which will be spent in Phase T, and the other half in Phase II. A copy of the plan is attached to this memo. The parts of the design that are hand drawn represent the items that have been suggested at DRB, PEC and Tawn Council work sessions. II. ~3ACKGR,OLTND The Town of Vail has hired EDAW of Ft. Collins to design the Master Plan and produce construction documents. On January 9, 1991 Town staff and the consultant met with neighborhood residents to find out what they wanted to have included in the park design. After the plan was drawn up, the staff and the consultant took it back to the neighborhood and presented it to them. Though the second meeting had a smaller attendance, those present said they liked the design. 1 ., .,! ~ • ~ ~; ,~ The Design Review Board (DRB) approved the Master Plan on January 30, 1991. The two conditions of approval the DRB put an the project include: that more trails be added to the plan to create a looped system and that all lighting be shielded so that the light sources will not be visible from the interstate or adjacent residences. These conditions have been included in the plan at this time. TTI. SEC CONCERNS A. During the work session on this item on January 28, 1991, the PEC requested that staff look into several issues. The first area of concern dealt with the trail system. Since the work session, Town staff has added a fork in the trail near the Kinnickinick Road/Frontage Road intersection. This will enable pedestrians to either walk directly to the intersection or walk on a path in the park for as long as possible until they reach the automobile bridge over Gore Creek. The length of the looped trail around the multi.-purpose field has been established at .20 of a mile. The suggestion for a par course, with stations along the trail for various exercises, was considered by staff but is not included in the plan. Staff believes that the cost of this system would be better spent on other park facilities which the neighborhood specifically requested during the first meeting. Staff believes that the neighborhood would rather see volleyball courts, a basketball court or a horseshoe pit included in the budget before money is allocated for a par course. B. Another concern dealt with the bike path. During the discussion with PEC, staff and the commission agreed that the constraints outside of the park regarding the construction of a bike path from Donovan Park through Dowd Junction should determine the alignment through the park. Once problems associated with properties on either side of Stephen's Park are resolved, the bike path can be taken through the park along any of three different alignments. For example, if the Town can work with Streamside and other individual property owners and build a path along the creek, the path can then be continued through Stephens Park along the creek. However, if negotiations with those parties are not successful, the Town may build the path along the Frontage Road. In that case, the path would continue along the Frontage Road by Stephen's Park. A third option would be to bench the path into the hillside along the Frontage Road. This path would be detached from the road itself but would not meander through the park. Notes have been added to the Master Plan 2 ~~ • ~ ~ I outlining these three options so that in the future, any of them can be used. C. At this time staff is continuing to work with Holy Cross Electric regarding undergrounding the existing overhead electric utility lines. If Holy Cross is willing to do the undergrounding, the staff will need to go back to Tawn Council for an additional fifteen thousand dollars ($15,000.00) for the budget. Undergrounding will require a specialized transformer to take electricity Pram the underground lines and for the restroom and lighting system in the park. O. The last issue the PEC discussed involved parking. The plan which the PEC has already seen showed a parking lot of 15 spaces, Since the work session, staff has looked into several options to provide more spaces. The one area which works the best, costs the least, and impacts the park design the least is to expand the width of the driveway from the Frontage Road to the parking lot and provide three parallel spaces, By adding three more spaces, the total comes to 18. Other areas staff looked into were east of the lot, west of Kinnickinick, and on the Frontage Road. Expanding the lot to the east would have reduced the size of the multi-purpose field and eliminated an existing 14' spruce from a focal planting area. Without this tree, the visual focus for people arriving at the park would be the restroams. The alternative of expanding the shoulder on the Frontage Road for parallel parking there was not acceptable to the Highway Department. A third area where parking could be provided is the unused area west of Kinnickinick. However, because this area may be used for other purposes in the future, installing a lot only to have it removed later is not a good use of the park budget. Staff has discussed the parking issue with a representative from the Vail Recreation District (VRD) and has an understanding that the field, if included in the contract between the Town and the VRD, would only be used far practice. This means that at most there would be fifteen to twenty players at a time practicing. Large parking demands occur when there are two teams with twice that number of players. By controlling the scheduling of the field staff believes the parking demands can be kept low. Staff researched parking requirements for neighborhood parks and found that national standards recommend providing 5 spaces for the first two acres and 1 3 ~• • ~ • _~ additional space for each additional acre, As the park is just under 13 acres, the demand, based on these standards, would be 16 spaces. This standard assumes i3 acres of useable park area. As some of Stephens Park is very steep and not useable, a 16 car lot would exceed the typical demand. Staff believes that expanding the lot to 18 spaces will meet the demand most of the time. Staff acknowledges that there may be a need far more than eighteen spaces at certain times; however, the need for parking and the provision of park area must be balanced, and staff believes that it is generally better to provide more park space instead of more parking. IV. I~TUR,A~ HAZARDS The most important concern to the Planning and Environmental Commission was the potential impact of hazards on the park. In a site specific hazard study by Arthur Mears, revised hazard areas show that the play structure is planned to be built in an area that has been designated as moderate debris flow. No other improved part of the park is located in a hazard area. Staff talked to Art Mears since the PEC work session to understand the characteristics of moderate debris flow hazard better. This area will be impacted by debris flow only when the high hazard corridor is full. Most of the time the debris will travel down the high hazard corridor into Gore Creek. In the event that overflows will come into the moderate area, it will be made up of small racks and water. Mears described this substance as 'soupy," with relatively fine elements. At worst case, it may get as deep as one foot. The debris flow will travel at approximately walking speed. Mears' letter of February 8, 1991 states the debris flow hazard will be eliminated from the playground area by building a three foot high berm around it. This mitigation shall be incorporated into the park design. Regarding the other hazards on the site (rock fall, sever debris flow, and avalanche), Mears' report states that because there are no park facilities which concentrate human activity in the high hazard debris flow, mitigation is not recommended (see Section 3,1). The report continues to say that the proposed park facilities do not justify structural rock fall mitigation to protect facilities or activities located beyond the revised rock fall hazard boundary. There are no facilities within the rock fall hazard (see Section 2.6). Concerning avalanche, Mears states that warning - ~ i` ~ ~ /t ~ ~ ~A signs, posted vn either end of the snow slide area, will be sufficient mitigation measures (see letter dated February 8, 1991). V. COQRDTNATION WITH OTHER TOWN OF VATL MASTER PLANS. This area is designated for park use in the Land Use Plan. The Recreation Trails Master Plan shows an on-street bicycle trail by Stephens Park. The Stephens Park Master Plan, as mentioned earlier, can accommodate any of three different alignments. The on-street alignment, which is recommended by the Trails Master Plan, is one of these. Staff believes that the proposed master plan is in conformance with the Land Use Plan as well as the Recreation Trails Plan. VT. CONC~,,USION Staff recommends that the Planning and Environmental Commission recommend approval of the Stephens Fark Master Plan to Town Council. Staff believes that the design meets the neighborhood's expectations and that the design has taken into account a wide range of needs including the VRD. The project is also compatible with Town master plans, specifically the Recreation Trails Master Plan and Land Use Plan. C:\pec\tov\stephens.233 5 -# . ~~ ~' ~ ~~~~~ a }~ rn „p7 a i~ ~ N * ""~ ~ ~, ~ = _ ~ ~ ~ k ;. ~ ~ :, .~~ ~" 1 ~ 4 , ~, ~.~ ~. ~ lid ~```.. `~~ ~: ~ ~ ~, ',~ ~,`~~ ~~ ~ f _.: '~. ~~ . 'j ti's ~~ ~ . ~`• ~~~ t ` ,tiff 1~~ ,1~5 ~~,i ~ ~`~+~ t ~• 5 `~ fir--...._`:` ~~ i+i~(~ jr ``,,,;, '~`` ~:. ~ _. ,,~~; 1 .` ~~ ~• w. v ~~ ~w,_,,_,,..~