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HomeMy WebLinkAbout2003- 2 Amending Sections 12-3-3 Appeals, 12-11-9 Administrative Policies, Section 12-11-10 Appeal to Town Council, to Allow for an Amendment to the Procedures for Appealing a Decision, Determination, or Interpretation of the Administrator, DRB, PEC• • • ORDINANCE NO.2 Series of 2003 AN ORDINANCE AMENDING SECTIONS 12-3-3, APPEALS, 12-11-9, ADMINISTRATIVE POLICIES, SECTION 12-11-10, APPEAL TO TOWN COUNCIL, VAIL TOWN CODE, TO ALLOW FOR AN AMENDMENT TO THE PROCEDURES FOR APPEALING A DECISION, DETERMINATION, OR INTERPRETATION OF THE ADMINISTRATOR, DESIGN REVIEW BOARD, AND/OR PLANNING AND ENVIRONMENTAL COMMISSION, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, the Vail Town Council directed the Community Development Department to prepare a text amendment to the appeals procedure of Title 12 of the Vail Town Code to resolve a conflict between the Town Council's meeting schedule and the 10-day appeals timeframe; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on the proposed text amendment in accordance with the provisions of the Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail finds that the proposed amendment furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this text amendment at its February 24, 2003, meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed text amendment furthers the general and specific purposes of the Zoning Regulations; implements and achieves the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan; is compatible with the development objectives of the Town; demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate; and provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and Ordinance No. 2, Series 2003 • • • WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt this text amendment to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-3-3 of the Vail Town Code shall hereby be amended as follows: (deletions are shown in s#~il~k~, additions are shown in bold) 12-3-3: APPEALS: A. Administrative Actions: Any decision, determination or interpretation by any Town administrative official with respect to the provisions of this Title and the standards and procedures hereinafter set forth shall become final at the next Planning and Environmental Commission meeting (or in the case of design related decision, the next Design Review Board meeting) following the Administrator's decision, unless the decision is called up and modified by the Board or Commission. B. Appeal Of Administrative Actions: 1. Authority: The Planning and Environmental Commission shall have the authority to hear and decide appeals from any decision, determination or interpretation by any Town administrative official with respect to the provisions of this Title and the standards and procedures hereinafter set forth, except that appeals of any decision, determination or interpretation by any Town administrative ofi:lcial with regard to a design guideline shall be heard by the Design Review Board. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by any administrative official with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this Title. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. 3. Procedures: A written notice of appeal must be filed with the Administrator or with the department rendering the decision, determination or interpretation within twenty (20) calendar days of the decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. The Administrator's decision shall become final at the next Planning and Environmental Commission meeting (or in the case of design related decision, the next Design Review Board meeting) following the Administrator's decision, unless the decision is called up and modified by the Board or Commission. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property Ordinance No. 2, Series 2003 2 • • • owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice of appeal will require the administrative official whose decision is appealed, to forward to the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) at the next regularly scheduled meeting, a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) on the appeal within thirty (30) calendar days of the appeal being filed. The Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional tk~y-(~} forty (40) calendar days. Failure to ale such appeal shall constitute a waiver of any rights under this Title to appeal any interpretation or determination made by an administrative official. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Commission (or Board) shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Planning and Environmental Commission (or the Design Review Board in the case of design guidelines). 5. Findings: The Planning and Environmental Commission (or the Design Review Board in the case of design guidelines) shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. 6. Fee: The Town Council may set a reasonable fee for filing an appeal of an administrative decision, determination or interpretation. The fee will be adopted in a fee schedule which shall be maintained in the Department of Community Development. The fee shall be paid at the time the appeal is filed. C. Appeal Of Planning And Environmental Commission Decisions And Design Review Board Decisions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to the provisions of this Title and the standards and procedures hereinafter set forth. 2. Initiation: An appeal may be initiated by an applicant, adjacent property owner, or any aggrieved or adversely affected person from any order, decision, determination or interpretation by the Planning and Environmental Commission or the Design Review Board with respect to this Title. "Aggrieved or adversely affected person" means any person who will suffer an adverse effect to an interest protected or furthered by this Title. Ordinance No. 2, Series 2003 3 ~ • ~ The aNeged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. The Administrator shall determine the standing of an appellant. If the appellant objects to the Administrator's determination of standing, the Town Council shall, at a meeting prior to hearing evidence on the appeal, make a determination as to the standing of the appellant. If the Town Council determines that the appellant does not have standing to bring an appeal, the appeal shall not be heard and the original action or determination stands. The Town Council may also call up a decision of the Planning and Environmental Commission or the Design Review Board by a majority vote of those Council members present. 3. Procedures: A written notice of appeal must be filed with the Administrator within t~ (~8~ twenty (20) calendar days of the Panning and Environmental Commission's decision or the Design Review Board's decision becoming final. If the last day for filing an appeal falls on a Saturday, Sunday, or aTown-observed holiday, the last day for filing an appeal shall be extended to the next business day. Such notice shall be accompanied by the name and addresses (person's mailing and property's physical) of the appellant, applicant, property owner, and adjacent property owners (the list of property owners within a condominium project shall be satisfied by listing the addresses for the managing agent or the board of directors of the condominium association) as well as specific and articulate reasons for the appeal on forms provided by the Town. The filing of such notice ofi appeal will require the Planning and Environmental Commission or the Design Review Board to forward to the Town Council at the next regularly scheduled meeting a summary of all records concerning the subject matter of the appeal and to send written notice to the appellant, applicant, property owner, and adjacent property owners (notification within a condominium project shall be satisfied by notifying the managing agent or the board of directors of the condominium association) at least fifteen (15) calendar days prior to the hearing. A hearing shall be scheduled to be heard before the Town Council on the appeal within ##i{39) forty (40) calendar days of the appeal being filed. The Town Council may grant a continuance to allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thirty (30) calendar days. Failure to file such appeal shall constitute a waiver of any rights under this Chapter to appeal any interpretation or determination made by the Planning and Environmental Commission or the Design Review Board. 4. Effect Of Filing An Appeal: The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed unless the administrative official rendering such decision, determination or interpretation certifies in writing to the Town Council and the appellant that a stay poses an imminent peril to life or property, in which case the appeal shall not stay further permit activity and any proceedings. The Town Council shall review such certification and grant or deny a stay of the proceedings. Such determination shall be made at the next regularly scheduled meeting of the Town Council. 5. Findings: The Town Council shall on all appeals make specific findings of fact based directly on the particular evidence presented to it. These findings of fact must support conclusions that the standards and conditions imposed by the requirements of this Title have or have not been met. 6. Fee: The Town Council may set a reasonable fee for filing an appeal to a Planning and Environmental Commission or Design Review Board decision. The fee will be adopted in a fee schedule which shall be maintained in the Department of Community Development. The fee shall be paid at the time the appeal is filed. D. Procedure For Appeals; Sign Regulations: The procedure for an appeal of an Ordinance No. 2, Series 2003 4 • • • administrative interpretation of the sign regulations shall be the same as that of appeals of an administrative action as set forth in subsection B of this Section. E. Appeal Of Town Council Decisions: Any applicant, adjacent property owner, or any aggrieved or adversely affected person aggrieved by a final decision of the Town Council with respect to a filed appeal may seek review of such decision by a court of competent jurisdiction in the manner provided by the laws of the State. F. Conduct Of Hearing: The Town Council shall have the authority to set standards, by administrative rule, on appellate hearing procedures including, but not limited to, time allowance for the presentation of evidence and the time allowance for oral arguments. (Ord. 7(1996) § 11) Section 12-11-9 of the Vail Town Code shall be hereby deleted as follows: (deletions are shown in st~ag#) A. A~I+saf^,f 'e::. T~ +.a•~-sgaµ-be 8 F.`. I F.:Yfit+1'a~~SB::6 '~9F~eF}i~l-Af-88 F: ~ It I ARS-A# app~'~l ~;'~ I.+f~`.8' 6!~a{I-~1i6~' _ 6_N~ir:"~F, fi '~~~e , be6A~aes_#{n£I a+ •,k: g, i# ttae-de6i6i3r: i_ r'at-saAed~p h.. +he G~a• ak:at ?~@eti~if,~. 'san+, sr .n a ' .r, ir} sr'. desisicF "_ase~i~-g~+«a!. Tk:B-desig+~ 11 rap a desisi_F rr= a- ct tha~e~-reg~!a~!~t ssk-e~+le~~ee#+~g- C. al: Th `hill se+~s~de~#fie-appal i:~ tie-same :~:a-~-~. ~s a;. . E) ~'-} Section 12-11-10 of the Vail Town Code shall be hereby deleted as follows: (deletions are shown in s#~ilEe-tom) 11 'f-~-~A~R~€-n'_ T n. . bear~desisier. `r:a~ sil, "~~: ap~4isa~'., b~-are-adjase+7t p a desisier~e# ~e-~dfl~i~-i6`_"a:BFF E: t`; of tk: ~F@6ef'~ 2'iC~-IfAtiR~ @. T!r~c '_i:~i#: Far cll app-appeal .: r.~=f-be-#iled ir: ~ a~ "_~ it a`. `.k~~e~-rely .~ C. ~~~ing: The~ewa-ems=il shelf-k~~ ar 'th a ;.=~si"I ;; i#t"~ ta~v~-se~sil t4 ~a nt i:~s Ordinance No. 2, Series 2003 5 • • • 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 18t" day of March, 2003 and a public hearing for second reading of this Ordinance set for the 1St day of April, 2003, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordinance No. 2, Series 2003 6 ATTEST: L ei naldson, ~o~a~a a,~ `~ SEAL ~~cn~~ own Clerk ~~~ Ludwig Kur~ayor C7 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1St day of April, 2003. ATTEST: 0~,~ Q~ ~! 1 SE~- ~o«R ., rele' Donaldson, Town Clerk ~~t! .' ~7~1 Gl_ Ludwig Kurz; Mayor Ordinance No. 2, Series 2003 7