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HomeMy WebLinkAboutPEC100050 Mitigation 042511 Attach AORDINANCE NO. 4 SERIES 2011 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, BY THE ADDITION OF A NEW CHAPTER 26, ENTITLED “EXACTIONS AND DEDICATIONS” WHEREAS, to ensure the provision of adequate public services and facilities within the Town, the Town Council wishes to condition land use approvals on certain exaction and dedication requirements; WHEREAS, it is widely recognized that municipalities may impose dedications and exactions on the granting of land use approvals, provided that there is an essential nexus between the exaction or dedication and a legitimate local government interest, and provided that the dedication or exaction is roughly proportional, both in nature and extent, to the impact of the proposed use or development, pursuant to Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987), Dolan v. City of Tigard, 512 U.S. 374 (1994); C.R.S. § 29-20-203 and related case law; and WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by adopting regulations delineating the Town's procedure for imposing exactions and dedications. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 12 of the Vail Town Code is hereby amended by the addition of a new Chapter 26, which shall read as follows: CHAPTER 26 EXACTIONS AND DEDICATIONS 12-26-1: PURPOSE: A. It is the policy of the Town that exactions and dedications shall be required in those instances where, the Town Council or Planning and Environmental Commission determines that a proposed use or development will: 1. Create the need for new infrastructure facilities or services; or 2. Result in increased use of existing infrastructure facilities or services, thereby requiring the expansion or eventual replacement of such existing infrastructure facilities or services. B. The purpose of this Chapter to provide a mechanism to quantify exactions and dedications in a manner that is roughly proportional both in nature and extent to the impact of the proposed use or development. 12-26-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: EXACTION OR DEDICATION: A real property dedication to the Town, a monetary payment in-lieu of a real property dedication, or the provision of some other service to the Town to mitigate the impact of a proposed use or development. LAND USE APPLICATION: Any application for a major exterior alteration, new or amended special development district, rezoning, or major subdivision. 12-26-3: AUTHORITY TO IMPOSE DEDICATION OR EXACTION REQUIREMENTS: A. The Town Council or Planning and Environmental Commission may impose exactions or dedications in conjunction with any land use application filed with the Town, pursuant to the procedures set forth in this Chapter. B. The Town Council may, as a part of its legislative function, establish fee schedules for monetary exactions in those instances where real property dedications are not required or appropriate. 12-26-4: FINDINGS: A. Prior to imposing an exaction or dedication as a condition of a land use application, the Town Council or Planning and Environmental shall find that: 1. A legitimate, identifiable public purpose is served by requiring the dedication or exaction; 2. There is an essential nexus between the required dedication or exaction and the Town’s interest in providing the impacted public infrastructure facility or service; 3. The Town is acting within its power to provide the infrastructure facility or service for which the exaction or dedication is required, either directly or through the dedication or exaction process; 4. But for the proposed use or development, the Town would not be considering either the provision or expansion of the service or infrastructure facility in question; 5. The proposed use or development is a contributing cause to the need for the new or expanded infrastructure facility or service; and 6. The Town would be legally justified in denying the proposed use or development unless the dedication or exaction is imposed, because of the burden the proposed use or development would place on the Town’s infrastructure facilities or services. 12-26-5: DETERMINATION: A. An exaction or dedication imposed by the Town Council or Planning and Environmental Commission shall be roughly proportional, both in nature and extent, to the impact of the proposed use or development. B. To determine rough proportionality, Town staff shall conduct an exaction and dedication study regarding the proposed use or development. The applicant shall pay for any costs associated with said study prior to a final review of the land use application. Such study shall consider the following: 1. Whether the infrastructure facility or service provided for by the exaction or dedication would be required but for the proposed use or development; 2. The extent to which the proposed use or development will impact the existing services or infrastructure facilities; 3. The extent to which visitors to other developments or Town residents will use the public infrastructure facility or improvements provided by the exaction or dedication; 4. Whether existing public infrastructure facilities or services can adequately serve the proposed use or development without the additional expense to construct, expand or improve the required infrastructure facilities or services; and 5. The extent to which the Town’s existing infrastructure facilities and services would need to be expanded or improved to maintain the status quo. C. The applicant, at its sole cost, may prepare and submit a second exaction and dedication study to the Town. Any such study shall contain the information described in Subsection B hereof. Town staff shall review the applicant’s study and shall provide comment thereon to the Planning and Environmental Commission or Town Council. In its sole discretion, the Planning and Environmental Commission or Town Council may, but is not obligated to, rely on any portion of the applicant’s study. D. If the Planning and Environmental Commission is the final decision maker, after a public hearing, consideration of the exaction and dedication study or studies, and consideration of the criteria listed in Section 12-26-4, the Planning and Environmental Commission shall make a determination on the appropriate exaction or dedication for the proposed use or development. E. If the Town Council is the final decision maker, the Planning and Environmental Commission shall first hold a public hearing to consider the exaction and dedication study or studies and the criteria listed in Section 12-26-4, and shall make a recommendation to the Town Council concerning the appropriate exaction or dedication for the proposed use or development. The Town Council shall then hold a public hearing to consider the dedication or exaction study or studies, the recommendation of the Planning and Environmental Commission, and the criteria listed in Section 12-26-4, and the Town Council shall determine the appropriate exaction or dedication for the proposed use or development. F. A decision of the Planning and Environmental Commission may be appealed to the Town Council, pursuant to this Title. A decision of the Town Council shall be final, subject only to judicial review. 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. Section 3. 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 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 ____ day of _______, 2011 and a public hearing for second reading of this Ordinance set for the ____ day of _______, 2011, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ________________________ Richard D. Cleveland, Mayor Attest: _________________________ Lorelei Donaldson, Town Clerk