HomeMy WebLinkAbout2011-18 Rezoning of Parcel G Red Sandstone Park and Ruder Sub r
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ORDINANCE NO. 18
i SERIES OF 2011
AN ORDINANCE FOR ZONE DISTRICT BOUNDARY AMENDMENTS, PURSUANT
TO SECTION 12 -3 -7, AMENDMENT, VAIL TOWN CODE, FOR A REZONING FROM
TWO- FAMILY PRIMARY /SECONDARY DISTRICT TO OUTDOOR RECREATION
DISTRICT, LOCATED AT 2846 BASINGDALE BOULEVARD /LOT 1, BLOCK 9, VAIL
INTERMOUNTAIN DEVELOPMENT SUBDIVISION (RUDER CEMETERY); A
REZONING FROM MEDIUM DENSITY MULTIPLE FAMILY DISTRICT TO OUTDOOR
RECREATION DISTRICT, LOCATED AT 715 NORTH FRONTAGE ROAD (RED
SANDSTONE PARK) /PART OF LOT 9, BLOCK 2, VAIL POTATO PATCH; A
REZONING FROM RESIDENTIAL CLUSTER DISTRICT TO NATURAL AREA
PRESERVATION DISTRICT, LOCATED AT 1448 BUFFEHR CREEK ROAD /PARCEL
G, RESIDENCES AT BRIAR PATCH SUBDIVISION, AND SETTING FORTH
DETAILS IN REGARD THERETO.'
WHEREAS, zone district boundaries may be amended pursuant to the provisions
of Section 12 -3 -7, Amendment, Vail Town Code; and
WHEREAS, in the late 1800's Jacob and Mary Ruder homesteaded along Gore )
Creek and a family burial site was established on the Ruder's Ranch in the location
today known as 2846 Basingdale Boulevard /Lot 1, Block 9, Vail Intermountain
Development Subdivision (Ruder Cemetery); and
WHEREAS, on June 26, 1991, a warranty deed was signed by Timothy Garton
(recorded on July 6, 1992) that transferred the ownership of 2846 Basingdale
Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder,
Cemetery) to the Town of Vail; and
WHEREAS, in the spring of 2011, Bob Ruder, local resident and descendent of
Jacob and Mary Ruder, expressed his family's desire that the Town of Vail maintain the ;
existing cemetery in a naturalistic condition into the future; and
WHEREAS, on June 27, 2011, the Town of Vail Planning and Environmental
Commission held a public hearing on a proposed rezoning from Two - Family
Primary/Secondary District to Outdoor Recreation District, located at 2846 Basingdale
Boulevard /Lot 1, Block 9, Vail Intermountain Development Subdivision (Ruder
cemetery), and has forwarded a recommendation of approval for the amendment to the
Vail Town Council by a vote of 6 -0 -0; and
WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council find that 2846 Basingdale Boulevard /Lot 1, Block 9, Vail
Intermountain Development Subdivision (Ruder Cemetery) is not an appropriate
location for future residential development, but the subject property is the appropriate
location for open space uses such as a cemetery; and
Ordinance No. 18, Series of 2011 1
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WHEREAS, for years the Town of Vail maintained a public parking lot on private
property with the property owner's consent at 715 North Frontage Road / Part of Lot 9, '
Block 2, Vail Potato Patch (Red Sandstone Park); and
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WHEREAS, on July 30, 2010, the Vail Town Council approved Resolution No.
20, Series of 2010, authorizing the Town of Vail to purchase the property know as 715
North Frontage Road / Part of Lot 9, Block 2, Vail Potato Patch for the purpose of
owning and maintaining the existing public parking lot for Red Sandstone Park; and
WHEREAS, on July 11, 2011, the Town of Vail Planning and Environmental
Commission held a public hearing on a rezoning from Medium Density Multiple Family
District to Outdoor Recreation District, located at 715 North Frontage Road (parking lot
of Red Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch, and has forwarded a
recommendation of approval for the amendment to the Vail Town Council by a vote of
5 -0 -0; and
WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council find that 715 North Frontage Road / Part of Lot 9, Block 2, Vail Potato
Patch (Red Sandstone Park) is not an appropriate location for future residential r`
development, but instead the subject property is the appropriate location for open space
and recreational uses such as a public park; and
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WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental
Commission held a public hearing and approved a major subdivision application
amending the Residences at Briar Patch plat. In part, the approved plat established
Parcel G, Residences at Briar Patch. Parcel G is the steep hillside portion of common
area Parcel F, Residences at Briar Patch, which is located directly above Lions Ridge
Loop and the Timber Ridge employee housing development site; and
WHEREAS, Parcel G, Residences at Briar Patch, is a geologically sensitive area
with excessive slopes ( >30 %) and rockfall hazards; and ;
WHEREAS, on July 25, 2011, the Town of Vail Planning and Environmental
Commission held a public hearing on a rezoning from Residential Cluster District to
Natural Area Preservation District, located at 1448 Buffehr Creek Road /Parcel G,
Residences at Briar Patch Subdivision, and has forwarded a recommendation of w
approval for the amendment to the Vail Town Council by a vote of 5 -1 -0; and
WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council find that 1448 Buffehr Creek Road /Parcel G, Residences at Briar
Patch is not an appropriate location for future residential development, but instead the
subject property is the appropriate location for open space. and rockfall hazard
mitigation; and
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WHEREAS, the Town of Vail Planning and Environmental Commission and the 4
Vail Town Council finds that the amendments are consistent with the adopted goals,
Ordinance No. 18, Series of 2011 2
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objectives and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town; and
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WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council finds that the amendments are compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council finds that the amendments promote the health, safety, morals, and
general welfare of the town and promote the coordinated and harmonious development
of the town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
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Section 1. This ordinance adopts the following zone district boundary
amendments:
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1. A rezoning from Two - Family Primary/Secondary District to Outdoor
Recreation District, located at 2846 Basingdale Boulevard /Lot 1, Block 9, Vail
Intermountain Development Subdivision (Ruder cemetery). This zone district i
boundary amendment shall be effective upon the adoption of this ordinance.'
2. A rezoning from Medium Density Multiple Family District to Outdoor
Recreation District, located at 715 North Frontage Road (parking lot of Red x'
Sandstone Park) /Part of Lot 9, Block 2, Vail Potato Patch. This zone district
boundary amendment shall be effective upon the adoption of this ordinance.
3. A rezoning from Residential Cluster District to Natural Area Preservation
District, located at 1448 Buffehr Creek Road /Parcel G, Residences at Briar
Patch Subdivision, and setting forth details in regard thereto. This zone
district boundary amendment shall be effective upon the adoption of this k
ordinance and the recording of the associated Fifth Amendment to the
Residences at Briar Patch final plat. a
Section 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 that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
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Section 3. The Town Council hereby finds, determines and declares that this fi
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Ordinance No. 18, Series of 2011 3
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Section 4. 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 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, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2 day of August,
2011 and a public hearing for second reading of this Ordinance set for the 16 day of
August, 2011, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
• Cleve and, Mayor
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A eleyllcnaldson, Town Clerk , * AL
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND
READING AND ORDERED PUBLISHED IN FULL this 16 day of August, 2011.
Richard D. UeEWndf May r
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re i Donaldson, Town Clerk ,`�•• '••� >>
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