Loading...
HomeMy WebLinkAboutPEC080023Plann4ng and Envi�ronmenta'� Commisson A►CTI'�ON F+�RI�I ��'`� # Departmen� of Co��w�nity Development �Tyn1 /�'r �� �'j '' 75 So�th Frmntage Road, Wail, Colorado 81657 M�IY t�t- n,t.�.,� te�: 970.474.2139 fiax: 970.479.2452 __ c:�.p.,�Rl�rY�vc�on�����T weh: wwuu.vai�lgov.c.om Project Name: MINERAL ESTATE NOTIFICATION PEC Number: PEC080023 Project Description: ZONING CODE AMENDMENTS TO CHAPTER 12-3, ADMINISTRATION AND CHAPTER 13-1, GENERAL PROVISIONS, TO ESTABLISH NOTIFICATION OF SUFACE DEVELOPMENT REGULATIONS Participants: OWNER VAIL COLORADO MUNICIPAL BLDG 04/30/2008 75 S FRONTAGE RD VAIL CO 81657 APPLICANT TOWN OF VAIL 04/30/Z008 Project Address: 75 S FRONTAGE RD WEST VAIL Location: Legal Description: Lot: Block: Subdivision: Parcel Number: 2101-064-0000-3 Comments: Motion By: DALY Second By: FOLEY Vote: 7-0-0 Conditions: BOARD/STAFF ACTION Action: APPROVED Date of Approval: 09/03/2008 Cond: 8 (PLAN): No changes to these plans may be made without the written consent of Town of Vail staff and/or the appropriate review committee(s). Planner: Bill Gibson PEC Fee Paid: $0.00 � . . �Ifi1 �� 1�� � Zoning Code Amendments Application for Review by the Planning and Environmental Commission Department of Community Development 75 South Frontage Road, Vail, Colorado 81657 te1:970.479.2128 fax:970.479.2452 web: www.vailgov.com General Information: All projects requiring Planning and Environmental Commission review must receive approval prior to submitting a building permit application. Please refer to the submittal requirements for the particular approval that is requested. An application for Planning and Environmental Commission review cannot be accepted until all required information is received by the Community Development Department. The project may also need to be reviewed by the Town Council and/or the Design Review Board. Type of Application and Fee: ■ ■ ■ ■ ■ ■ ■ ■ Rezoning Major Subdivision Minor Subdivision Exemption Plat Minor Amendment to an SDD New Special Development District Major Amendment to an SDD Major Amendment to an SDD (no exte�ior modifications) $1300 $1500 $650 $650 $1000 $6000 $6000 $1250 ❑ Conditional Use Permit ❑ Floodplain Modification ❑ Minor Exterior Alteration ❑ Major Exterior Alteration ❑ Development Plan ❑ Amendment to a Development Plan � Zoning Code Amendment ❑ Variance � Sign Variance $650 $400 $650 $800 $1500 $Z50 $1300 $500 $200 Description of the Request: A�f��{ ��C�l.,a��►- IZ 3TNLIM ;S%7�'�Yl� ���� (�� Qt��_ -fb t.S�/;S� ne�'.�,•t�:en o� SwrT.ct.dt-�/e%a+�✓71,e.f �u.(s�ve�. � J Location of the Proposal: Lot:�_Block:�� Subdivision:�/A Physical Address: �f,q Parcel No.: N,(p (Contact Eagle Co. Assessor at 970-328-8640 for parcel no.) Zoning: �A Name(s) of Owner(s): T,,s„ o� Uw J Mailing Address: ?s S• ,�� Phone: y7r- u73 Owner(s) Signature(s): '� �c,� �r �� Name of Applicant: 'T U,►, aF U4' 1 Mailing Address: t�. �c c6r�va Phone: E-mail Address: For Office Use Only: Fee Paid: tJ�rue� Check No.:�� By:�_ Meeting Date: PEL' L/9/og PEC No.: Planner: fiG Project No.: I� �, � i �, /' ,-� n � -, . �� i' � I� i � I I ,l � �� ; -.. Y;� �� R ,r ,_,a ',w� . M � O � �V O v T � TO: Town Council FROM DATE: MEMORANDUM Community Development Department September 2, 2008 A Pr�a ��d (�'�o�rav � Dc,.Ly Z w'� Fo(cy �/oT�G. ° 7-O►D SUBJECT: Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (PEC080023) L� � � Applicant: Town of Vail, Planner: Bill Gibson DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a second reading of Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surFace development regulations, and setting forth details in regard thereto. The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). Ordinance No. 18, Series of 2008, has been attached for review (Attachment A). BACKGROUND At its August 11, 2008, public hearing, the Planning and Environmental Commission unanimously forwarded a recommendation of approval of the proposed amendments by a vote of 5-0-0. On August 19, 2008, the Town Council voted 6-0-0 to approve Ordinance No. 18, Series of 2008, on first reading. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves, on second reading, Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on second reading, Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setfing forth details in regard thereto." IV. Should the Town Council choose to approve Ordinance No. 18, Series of 2008, on second reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff inemorandum dated August 11, 2008, and the evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning and Subdivision Regulations, based upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and, 3. 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 residenfial community of the highest quality, based upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented. " ATTAC H M ENTS Attachment A: Ordinance No. 18, Series of 2008 2 � Attachment A ORDINANCE NO. 18 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GENERAL PROVISION, VAIL TOWN CODE, TO ESTABLISH NOTIFACTION OF SURFACE DEVELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 65.5, Notification of Surface Development, Colorado Revised Statutes, establishes procedures for providing notice to owners of mineral interests concerning impending surface development; and, WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning and Subdivision Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning and Subdivision Regulations, based upon Section VI of the Staff inemorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines 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, based upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-3, Administration, of the Vail Town Code is hereby amended as follows (text to be deleted is in �+1��, text that is to be added is in italics. Sections of text that are not amended have been omitted): Ordinance No. 18, Series of 2006, mineral estate nolification, second reading 12-3-10: Notification of Surface Development t It shall be the sole responsibility of the applicant to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with fhe provisions of Title 24, A►ticle 65.5, Notification of Surface Development, Colorado Revised Statutes. lt shall a/so be the sole responsibility of the applicant to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24- 65.5103-1, Colorado Revised Statutes. Section 2. Chapter 13-1, General Provisions, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is in italics. Sections of text that are not amended have been omitted): 13-1-8: Notification of Surface Development If shall be the so/e responsibility of the subdivider to provide notice of any application for development to any mineral esfafe owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. It shall also be the so/e responsibility of fhe subdivider to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24- 65.5103-1, Colorado Revised Statutes. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invafid, 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 for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 6. 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 19th day of August, 2008 and a public hearing for second reading of this Ordinance set for the 2�d day of September, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 18, Series of 2008, mineral estate notification, second reading � Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED thls 2nd day of September, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 3 Ordinance No. 18, Series of 2008, mineral estate notlfication, second reading MEMORANDUM TO: Town Council FROM: Community Development Department DATE: August 19, 2008 SUBJECT: Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail, Planner: Bill Gibson I. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading of Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). Ordinance No. 18, Series of 2008, has been attached for review (Attachment A), and the Staff memorandum to the Planning and Environmental Commission dated June 11, 2008 has been attached for reference (Attachment B). II. BACKGROUND At its August 11, 2008, public hearing, the Planning and Environmental Commission unanimously forwarded a recommendation of approval of the proposed amendments by a vote of 5-0-0. III. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves, on first reading, Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 18, Series of 2008, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notificafion of surface development regulations, and setting forth details in regard thereto." � Should the Town Councif choose to approve Ordinance No. 18, Series of 2008; on first reading, the Community Development Department recommends the Town Council makes the following findings: 1. That the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town, based upon Section VI of the Staff inemorandum dated August 11, 2008, and the evidence and testimony presented; and, 2. That the amendments further the general and specific purposes of Zoning and Subdivision Regulations, based upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and, 3. 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, based upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented. " ATTACHMENTS Attachment A: Ordinance No. 18, Series of 2008 Attachment B: Memorandum to the PEC dated June 11, 2008 2 Vail Town Council Attachment: A ORDINANCE NO. 18 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GENERAL PROVISION, VAIL TOWN CODE, TO ESTABLISH NOTIFACTION OF SURFACE DEVELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 65.5, Notification of Surface Development, Colorado Revised Statutes, establishes procedures for providing notice to owners of mineral interests concerning impending surface development; and, WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning and Subdivision Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning and Subdivision Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines 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, based upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-3, Administration, of the Vail Town Code is hereby amended as follows (text to be deleted is in st-�IFef#r�r��t, text that is to be added is in italics. Sections of text that are not amended have been omitted): Ordinance No. 18, Series of 2008, mineral estate not�cation, first reading 12-3-10: Notification of Surface Development It shall be the so/e responsibility of the applicant to provide notice of any application for development to any minera! estate owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. It shall also be the so/e responsibility of the applicant to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24- 65.5103-1, Colorado Revised Statutes. Section 2. Chapter 13-1, General Provisions, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is in italics. Sections of text that are not amended have been omitted): 13-1-8: Notification of Surface Development It shall be the so/e responsibility of fhe subdivider to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. It shall also be the sole responsibility of the subdivider to certify that said notice was provided to fhe mineral estate owner pursuant to Subsection 24- 65.5103-1, Colorado Revised Statutes. 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 for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 6. 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 19th day of August, 2008 and a public hearing for second reading of this Ordinance set for the 2"d day of September, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 18, Series of 2008, mineral estate notification, first reading Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 18, Series of 2008, mineral estate notification, first reading Vail Town Council Attachment: B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: August 11, 2008 SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail Planner: Bill Gibson SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surFace development regulations, and setting forth details in regard thereto. In Colorado, many properties have been severed into surface estates and mineral estates, which may be owned separately. Recognizing that development of a surFace estate may affect the development of a mineral estate, the State of Colorado adopted statutes requiring that notification of certain surFace developments be given to affected mineral estate owners. The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). The proposed regulation amendment includes the addition of the following text to the Town's zoning and subdivision regulations: � IV. 12-3-10: Nofification of Surface Development It shal/ be the so/e responsibility of fhe applicanf to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notification of Surface Development, Co/orado Revised Statutes. It shall also be the so/e responsibility of the applicant to certify that said nofice was provided to the mineral estate owner pursuant to Subsecfion 2465.5103-1, Colorado Revised Statutes. 13-1-8: Notification of Surface Development If shall be the so/e responsibilify of the subdivider to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notificaiion of Surface Development, Colorado Revised Statutes. It shall also be the so/e responsibility of the subdivider to certify that said notice was provided to the mineral estate owner pursuant to Suhsection 2465.5103-1, Colorado Revised Statutes. BACKGROUND In 2001, the State of Colorado adopted Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. The intent of this legislation is as follows: "The general assembly recognizes that the surface estate and the mineral estate area separate and distinct interests in real property and that one may be severed from fhe other. The general assemb/y further recognizes that if the surface estate and mineral estate are severed, the owners of these estates shall be entitled to the notice specified in Section 31-23-215 or 34-60-106 (14), C.R.S. It is the intent of the general assembly that this article provide a streamlined procedure for providing notice to owners of mineral interests conceming independent surface development. Further, it is the intent of the general assembly to include loca/ governments in the notification process without creating additional liabilities for local governments. " The Town of Vail's zoning and subdivision regulations currently do not include provisions addressing the notification of mineral interest owners as required by Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. 2 V Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide public facilities. for adequate light, air, sanitation, drainage, and 2. To secure safety from fire, panic, flood, ava/anche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to /essen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 3 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement: (in part) 12-3-7: AMENDMENT.� C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies ouflined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and 5. Such other facfors and criteria the commission and/or council deem applicable to fhe proposed text amendment. TITLE 13: SUBDIVISION REGULATIONS 13-1-2: PURPOSE: A. Statutory Authority: The subdivision regulations contained in this Title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town. 8. Goa/s: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvements, sufficient open space and in general, to assist the orderly, efficient and integrated development of the Town. These regulations a/so provide for the proper arrangement of streets and ensure proper distribution of 4 population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser; and to regulate other matters as the Town Planning and Environmental Commission and Town Council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposa/s will be evaluated, and to provide information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the future without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4. To ensure that subdivisron of property is in compliance with the Town's zoning ordinances, to achieve a harmonious, convenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewage, schools, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate legal descriptions of newly subdivided land and to establish reasonab/e and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. 13-1-7: VARIANCES AND AMENDMENTS: 8. Amendment Procedure: Amendments to the provisions of this Title shaU follow the procedures outlined in Section 12-3-7 of this Code. VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed regulation amendments to the Town's zoning and subdivision regulations will help ensure the coordinated development of surface and mineral estates within the Town of Vail. Additionally, the 5 proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of SurFace Development, Colorado Revised Statutes. Therefore, Staff believes the proposed regulation amendment is consistent with the purposes of the Town's Zoning Regulation's as outlined in Section V above. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed regulation amendments to the Town's zoning and subdivision regulations will help ensure the coordinated development of surface and mineral estates within the Town of Vail. Additionally, the proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. Therefore, Staff believes the proposed regulation amendment will better implement and better achieve the adopted goals, objectives and policies of the Town's Zoning Regulations and Comprehensive Master Plan as outlined in Section V above. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and In 2001, the State of Colorado adopted Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. The Town of Vail's zoning and subdivision regulations do not currently conform to this state statute. The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. In Colorado, many properties have been severed into surface estates and mineral estates, which may be owned separately. Recognizing that development of a surface estate may affect the development of a mineral estate; the State of Colorado adopted statutes requiring that notification of certain surface developments be given to affected mineral estate owners. The proposed regulation amendments to the Town's zoning and subdivision regulations will help ensure the coordinated development of 0 surface and mineral estates within the Town of Vail. Additionally, the proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and development objectives, and with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. The proposed regulation amendment is necessary bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. " Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staff's August 11, 2008, memorandum and the evidence and festimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 7 2. Thaf the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the healfh, safety, morals, and general welfare of the Town and promotes 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. " • TO: FROM DATE: MEMORANDUM Planning and Environmental Commission Community Development Department August 11, 2008 b�� �,,� �P('� •.1'' ���o� ti � lL' (,� � � � � p�i . SUBJECT: A request for a final recommendation to the Vail Town Council, pursuant to 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surFace development regulations, and setting forth details in regard thereto. (PEC080023) Applicant: Town of Vail Planner: Bill Gibson SUMMARY The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. Staff is recommending the Planning and Environmental Commission forwards a recommendation of approval of the proposed amendments based upon the criteria found in Section VI of this memorandum. II. DESCRIPTION OF REQUEST The Applicant, Town of Vail, is requesting a final recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for a prescribed regulations amendment to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. In Colorado, many properties have been severed into surface estates and mineral estates, which may be owned separately. Recognizing that development of a surface estate may affect the development of a mineral estate, the State of Colorado adopted statutes requiring that notification of certain surface developments be given to affected mineral estate owners. The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes (CRS). The proposed regulation amendment includes the addition of the following text to the Town's zoning and subdivision regulations: fll] IV. 12-3-10: Notifrcation of Surface Development It shall be the so/e responsibility of the applicant to provide notice of any application for development fo any mineral estate owners and fhe Town of Vail in accordance with the provisions of Title 24, Article 65.5, Noiification of Surface Development, Co/orado Revised Stafutes. !t shall a/so be the so/e responsibility of the applicant to certify thaf said notice was provided to the mineral estate owner pursuant fo Subsection 24-65.5103-1, Colorado Revised Statutes. 13-1-8: Notification of Surface Development It shall be the so/e responsibility of the subdivider to provide notice of any application for development to any mineral estate owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notification of Surface Developmenf, Co/orado Revised Statutes. It shall also be the so/e responsibility of fhe suhdivider to certify fhat said notice was provided to the mineral estaie owner pursuant to Subsection 2465.5103-1, Colorado Revised Staiutes. BACKGROUND In 2001, the State of Colorado adopted Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. The intent of this legislation is as follows: "The genera! assemb/y recognizes that the surface estate and the mineral estate area separate and distinct interests in real property and that one may be severed from the other. The general assembly further recognizes that if the surface estate and mineral estate are severed, the owners of these estates shall be entitled to the notice specified in Section 31-23-295 or 34-60-106 (14), C.R.S. It is the infent of the general assembly that this article provide a streamlined procedure for providing notice to owners of mineral interests conceming independent surface development. Further, it is the intent of the general assemb/y to include local governments in the notification process without creating additional liabilities for local governments. " The Town of Vail's zoning and subdivision regulations currently do not include provisions addressing the notification of mineral interest owners as required by Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application. 2 � V. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and forwarding of a recommendation to the Town Council. Design Review Board: The Design Review Board has no review authority over a text amendment to the Vail Town Code. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code. The Town Council has the authority to hear and decide appeals from any decision, determination, or interpretation by the Planning and Environmental Commission and/or Design Review Board. The Town Council may also call up a decision of the Planning and Environmental Commission and/or Design Review Board. APPLICABLE DOCUMENTS Staff believes the following documents are relevant to the review of this proposal: TITLE 12: ZONING REGULATIONS Chapter 12-1, Title, Purpose and Applicability (in part) Section 12-1-2: Purpose A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its estab/ished character as a resort and residential community of high quality. 8. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide public facilities. for adequate light, air, sanitation, drainage, and 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular tra�c circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 3 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, sfreams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. Chapter 12-3: Administration and Enforcement: (in part) 12-3-7: AMENDMENT.� C. Criteria and Findings: 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an applicatron for an amendment to the regulafions prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requested text amendment: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipa! development objectives; and 5. Such other factors and criteria the commission and/or council deem applicable to the proposed text amendment. TITLE 13: SUBDIVISION REGULATIONS 13-1-2: PURPOSE: A. Statutory Authority: The subdivision regulations contained in this Title have been prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23, for the purpose of promoting the health, safety and welfare of the present and future inhabitants of the Town. 8. Goals: To these ends, these regulations are intended to protect the environment, to ensure efficient circulation, adequate improvemenfs, sufficient open space and in general, to assist the orderly, efficient and integrated development of the Town. These regulations a/so provide for the proper arrangement of streets and ensure proper distribution of 4 population. The regulations also coordinate the need for public services with governmental improvement programs. Standards for design and construction of improvements are hereby set forth to ensure adequate and convenient traffic circulation, utilities, emergency access, drainage, recreation and light and air. Also intended is the improvement of land records and surveys, plans and plats and to safeguard the interests of the public and subdivider and provide consumer protection for the purchaser, and to regulate other matters as the Town Planning and Environmenta! Commission and Town Council may deem necessary in order to protect the best interests of the public. C. Specific Purposes: These regulations are further intended to serve the following specific purposes: 1. To inform each subdivider of the standards and criteria by which development proposals wili be evaluated, and to provrde information as to the type and extent of improvements required. 2. To provide for the subdivision of property in the fufure without conflict with development on adjacent land. 3. To protect and conserve the value of land throughout the Municipality and the value of buildings and improvements on the land. 4. To ensure that subdivision of property is in compliance with the Town's zoning ordinances, to achieve a harmonrous, convenient, workable relationship among land uses, consistent with Town development objectives. 5. To guide public and private policy and action in order to provide adequate and e�cient transportation, water, sewage, schoo/s, parks, playgrounds, recreation, and other public requirements and facilities and generally to provide that public facilities will have sufficient capacity to serve the proposed subdivision. 6. To provide for accurate /ega! descriptions of newly subdivided land and to establish reasonable and desirable construction design standards and procedures. 7. To prevent the pollution of air, streams and ponds, to assure adequacy of drainage facilities, to safeguard the water table and to encourage the wise use and management of natural resources throughout the Town in order to preserve the integrity, sta6ility and beauty of the community and the value of the land. 13-1-7: VARIANCES AND AMENDMENTS: 8. Amendment Procedure: Amendments to the provisions of this Title shall follow the procedures outlined in Section 12-3-7 of this Code. VI. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed regulation amendments to the Town's zoning and subdivision regulations will help ensure the coordinated development of surface and mineral estates within the Town of Vail. Additionally, the 5 proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. Therefore, Staff believes the proposed regulation amendment is consistent with the purposes of the Town's Zoning Regulation's as outlined in Section V above. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and The proposed regulation amendments to the Town's zoning and subdivision regulations will help ensure the coordinated development of surface and mineral estates within the Town of Vail. Additionally, the proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. Therefore, Staff believes the proposed regulation amendment will better imptement and better achieve the adopted goals, objectives and policies of the Town's Zoning Regulations and Comprehensive Master Plan as outlined in Section V above. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and In 2001, the State of Colorado adopted Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. The Town of Vail's zoning and subdivision regulations do not currently conform to this state statute. The proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. In Colorado, many properties have been severed into surface estates and mineral estates, which may be owned separately. Recognizing that development of a surface estate may affect the development of a mineral estate; the State of Colorado adopted statutes requiring that notification of certain surface developments be given to affected mineral estate owners. The proposed regulation amendments to the Town's zoning and subdivision regulations will help ensure the coordinated development of C� surface and mineral estates within the Town of Vail. Additionally, the proposed regulation amendment will bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. Therefore, Staff believes the proposed text amendments will facilitate and provide a harmonious, convenient, workable relationship among land use regulations consistent with the Town of Vail master plans and deve►opment objectives, and with Title 24, A�ticle 65.5, Notification of Surface Development, Colorado Revised Statutes. 5. Such other factors and criteria the Commission and/or Councit deem applicable to the proposed text amendment. The proposed regulation amendment is necessary bring the Town of Vail's zoning and subdivision regulations into conformance with Title 24, Article 65.5, Notification of Surface Development, Colorado Revised Statutes. VII. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, General Provisions, to establish notification of surface development regulations, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to recommend approval of this request; Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Chapter 12-3, Administration, and Chapter 13-1, Genera! Provisions, to establish noti�cation of surface developmenf regulations, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed text amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of Staff's August 11, 2008, memorandum and fhe evidence and testimony presented, the Planning and Environmenta! Commission frnds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies ouflined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vai! Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes 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." E:3