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Home My WebLink About2002-10 To Designate Two Properties in the Town of Vail as Open Space as per Section 13.11 of the Town of Vail Charter• • • ORDINANCE NO 10. Series of 2002 AN ORDINANCE TO DESIGNATE TWO PROPERTIES IN THE TOWN OF VAIL AS OPEN SPACE AS PER SECTION 13.17 OF THE TOWN OF VAIL CHARTER (SEE EXHIBITS A) WHEREAS, the Town of Vail Charter provides a process to protect properties as, open space that met specific criteria outlined in Sec#ion 13.11 of the Town of Vail Charter; and WHEREAS, the Town Council believes that it is appropriate to maintain open space zoning on certain designated properties in perpetuity unless, and until, a majority of the Town of Vail registered electors decided to remove the a Designated Open Space classification; and WHEREAS, the Town of Vail Open Space Board of Trustees unanimously voted to designate two properties in Exhibit A as open space on March 20, 2002; and, WHEREAS, the Town Council finds that the two properties in Exhibit A meet the criteria outlined in Section 13.11 of the Town of Vail Charter. NOW, THEREFORE, BE 1T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1 The Town Council hereby finds, determines and declares that the properties identified in exhibit A will be designated open space. Ordinance IVo. 10, 2002 • • • Section 2 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 8 The repeal ar 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hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4 At this time, available records indicate all included properties are owned by the Town of Vail, If title of a property placed in the open space designation as identified in Section 13.11(a) 1-3 is found in the future to not be owned entirely by the Town of Vail, then the designation of that property is null and void and will be repealed with approval of an ordinance. Section 5 All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED Ordnance No. 10, 2002 • • • PUBLISHED ONCE IN FULL, this 7th day of May, 2002. A public hearing shall be held hereon on the this 21st day of May, 2002 at the regular meeting ofi the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ~~~ ATTEST: L el i onaldson, ~~~~R~~ Town Clerk G~~~ P Ludwig Kurz, Mardi r READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of May, 2002. ~~~~: ,Oa Ludwig Kurz, Mayo TT 1 L~relei onaldson, Town Clerk ~~~ SEAL Ordinance No. 10, Series 2002 • • • Attachment A Property & Legal Zoning Natural Acres E~aiuation of Description Features Criteria 1) Lots 1-4, Block Natural Area Wetlands, 1.1 This parcel clearly 1, Vail Meadows Preservation Floodplain, meets the criteria by Filing 2 and water being bodies environmen#ally sensitive (wetlands) and also in a natural hazard area (100 year floodplain) Lots 15& 16, Block Natural Area Waterfall, 4.85 This site meets the 1, Bighorn Preservation undisturbed criteria. The site is in Subdivision alpine a high hazard debris Addition 2 meadow, flow and rockfall multiple hazard area, and is in natural a moderate hazards. avalanche hazard zone. There is also a waterfall on the site which is used for ice climbing in the winter. Ordinance No L0, Series 2002 • O M O~ ri.w~ Oa aor. y.W ~aOCn~ ~p a~;r=v Zo~ zuM~-°~cv ~N SSO~Xm J O . wzp~ Z m~ ax~~w,~ Q y v°W"'° wwNU~a~ Q Z?~Uv ~ 4~m w- 411d~00. ~.+ 0 a U m 7 a LL 0 Q. O Q Q O U lL O W a N W a l!] u. 0 '"' Z V LG 7+ N Q1 'O qNj ¢ N'O ~ Y C U O O O ~ ~ R ~ ~ ~ G rro c E~a~ ~ ~ O ~ ~ O ~ 3 C b1 ~ ~ a ~ ~ L ~ O ~ N~OhOp U a~ ~ ~ O ~ X ~ ~ ~ ~~ 3 0 N U p O „~.. (C C 7i R ~ a a td N U 7 N p O p ~ ~ ~ da~a~v~-~U 7 1.11 N ~ .D Q ~ O ~ O ~ v ~~"' ~ iC H' C R D ~ O QN ~ ~ m ro ~ mU ~ ~'~ o `~'y NYm=~'~c~ 0. C~~ ~ O_~ ro ~~ Qonr ~~ N W ~ ~ m p ~ ~ O] O O O 47 ~ O. C a v O [C ~ Y ~ ~ ~ O U N 47 N r 2 ie O m ~ `a t `~ m m a Y TAY Oa O-[6 ~ ~ N ~ N w ~ ~ d N X N O N p7 61 tb ~ .~ ~ d .~.. O C N N ~ 3 0 0 ~ ~ ~ E N C 7 C" N O N O m m oti~oci~~'~ a~ vU °u)~ ~ y4"~`°^~ G.O Cp ~ ~ ~ 7 O O C d 01-- 4.~ E (C U ~' N N O O_ 7 ~ c6 N L N' N ~~ C N a ~ '6 N ~ N O C O ~3 .~ ~ ~ N ~ N N ~~. p) 7 ~ ~ .~ ~ O N (J }~ ..~ O U -O U a O C m ~ a 7~ ~ N 0 ~ ~ °- ~3 °~ °~ a~ °- '.F ~ Q. N ~ Y ~ ~ a ~ a~ ~ O " y 0 o ~ m 4 U ¢ cG a G ~ m {kF U ' hV~ d 7~ C ~ ~ t6 m ~ ~' ~ C y O s ~ m o o N r- 'w '~ 9 U ~ N (G ~ ~ fl ~ C Q Q ~ ~+~a V i u~ a c O C m 7 [6 L O m a~ N N Cil c O O O O U 0 ro N m ~b W O C D U m L O a ro G 4 a C cb ai N O m o 4 o ~ ~~ y OJ a N s ~, 7 U 0. ~~ ,~ ~~~ ,~ Q G O E U ~~ STATE OF COLORADO COUNTY OF EAGLE p PROOF OF PUBL{CATfON SS. I, Steve Pope, do solemnly swear that I am the Publisher of The Vail Daily, that the same daily newspa- per printed, in whole or in part and published in khe County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of mare than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mans as a periodical under the provisions of the Act of March 3, 1879, or any amend- ments thereof, and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the flaws of the State of Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every • .consecutive insertions; and that the fitter number of said daily newspaper for the period of ......,..~.... publication of said notice was in the issue of said newspaper dated ................. .• /~•••••••••••••~ R D• ..,.~j,.~. and that the least p`u~bl_ication of said notice was in the issu of said newspaper dated.~..~. ~ ..,~.Q.......,. R.L1......tX~.~..... In witness whereof I have hereunto set my hand this .,..~~~• day of Publisher Subscribed and sworn to before ,~e, a'~n}otary pub~4ic~Jin and for the County of Eagle, State of Colorado, this ~ ~.... clay of ..... ,.. ~r. ....,. ~77 .. My Corrimissfvn expires .............1.~•~ ~~~ Plotary u tc AN>,ORUiNANCE.TO: DE$1G13ATE ~ k7p, EATIES; iN THE TOWN OF VAIL PEN SPAC£ AS PER SECTION 19,17 OF. TOWN QF VAIL CHARTER (SEE ExH16iTS A) 4VHER)=AS, ttie' Tawn of Vail,Charter proSrides a prac@ss td profepr properties as openSpace,.that met specific criferiif outlined in Sectipn,13:11.:of the Town.of VaiLCharker; and - wFIEREAS fhe;Toiv(1 CounCij beJieves?fhat it~is approprs2te tv it~aintain open space zoning on qer- tain.dssignated prpperties:in perpetuity unless, and. until;: a tnajarity pf the Town of Vail registered e4ee- tilrs decided to' rerripve~ the a Designated'~Open Space cliassflicatipn; and wHEREAS, Ohs Town of Vail Open Space Board of Trustees unanimou8ly voted to desi~14a~e two properties in ExhibR A as open specs on hAarch'20, 20D2;and, WHEREAS, the Town Council finds that the two properties in Exhibit A meet the criteria outlined in $eofioh 13.41 of the~Town of Vail Charter. N'OLN; T1IEREFOAE; BE 4T ORDAINED BY THE TOWN C4UNGIL OF THE TOWNQF VAIL. COL- ORADO; AS FOLLOWS: sectiors 1, - ~ . The Town- Council hereby finds, determines and declares that the properties idenC~fied in exhibit A -- . will.be designated.openepace. Section 2 The Town Council hereby finds, determines antl declares that this ordinance is necessary and prop- or.for the health,~safety and welfare of the Town of~ Vail and the inhabitants fhsreof. Section S The. repeal or the repeal and reenactment of any prdvision of th'e Veit Municippal Code as provided in this ordinance shall noF atficT any rignt which has accrued, any duty ,imposed, any violation that oc- curred pr'sorto the effective date herepf,'anyprose- cufon commended, nor any other action or pro- ceeding as commenced under or by virtue of the prevision repealed or' `repeated-: and reenacted. The repeal of any praylsiott Hereby shall not reulve any provision crony ordinance previously repeated or superseded unless expressly stated h'eretn; Section 4 ,. At this time avauable records igdtcats all included pr(Sparties era owned by the Tgwn of Valt: if title of a property placed in the open space.[tasiggnaUOn as identified m Section 13.11(a} 1-3 is found in'dhe fu• lure to.,;not tie,.owned ehlirely by the Town of Vail, then the`ifeglgnadon, oP that prop8ity.:is null and void and ivill,~e repealed with apprpval pf art ordi- riance. Section 5 At4 bglaws; orders,, re§oluiions and ordinances, or parts.thereof,-irioonsistent herewith are hereby re- pealgid. to t(te extertf 'only of such inconsistency. The repealer shall .not. be construed to revise any bbyylaw,:order; restitution or ordinance, or part there• pf,;herekofore repealed. INTRODIiCED, REAP pN FIRST RI_ADING; AP- RROVED AND ORDERED PUBLt$HED ONCE iN FULL, this 7th day of May~2o02. A pyblic hearing shall be held hereon on. the Shis 21 at day of May, 2002 at the regular meeting of the Town Council of the Town of Vaii, Colorado, irr the'Municipal 13uild• ing of the Town. Ludwig Kurz, Mayor ATTEST: ' - Lorele( Dorialdsan, Tawn Clerk REki7'AND APPRaVED ON SECOND READtNC~ = AND ORDERED PUBLISHED this 21st day of Niay. 2txr2;.. Ludwig Kurt; Mayne ATTEST- -.~ I Laere~ D~on~tdt~ Trnyn~Cterk,~ ~ ~,y + e8daws Filing 2 - ~ ~~~` g: Natuta€ Area Preseryailon ~t Features:wetlands; Flopdplain, antl water ti~,.t ~ . itiorr of Criteria:, This parcel clearly masts i i by .beingg. enulronmeritally seiisitive:'(wet= and also' fn a natural hazard area- (100 yegr rain) -~ - 'tY & t~l Description: Lots 15& 16; Bfosk orrl.Sub lvislon AddtdJitiDp2 r''~ P bl' >nazara zone. There is also a waterfati on the site which is used for ice cfmbing in the winter. ~PU bushed in the Vail Daily May 10,.2D02. '.