HomeMy WebLinkAbout2006-10 Repealing and Reenacting Chapter 12-20, Annexed Areas, to Amend the Process for Zoning District Determination of Annexed AreasORDINANCE NO. i 0
SERIES OF 2006
AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 12-20, ANNEXED AREAS, VAIL
TOWN CODE, TO AMEND THE PROCESS FOR ZONING DISTRICT DETERMINATION OF
ANNEXED AREAS, AND S~ ~ i ING FORTH DETAILS IN REGARD THERETO.
WHEREAS, The Town of Vail Community Development has submitted an application for a
text amendment to Chapter 12-20, Annexed Areas, Vail Tawn Code, to amend the process for
zoning district determination of annexed areas; and setting forth details in regard thereto; and,
WHEREAS, the proposed text amendment wiN streamline the review process for zoning
district determination of annexed areas by allowing an application for zoning to be considered
simultaneously with an application for annexation; and,
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a
public hearing on the proposed amendments in accordance with the provisions of the Vail Town
Code; and,
~,r WHEREAS, the Planning and Environmental Commission finds that the proposed
amendments further 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 amendment at its March 27, 2006, public hearing and has submitted
its recommendation of approval to the Town Council; and,
WHEREAS, the Vail Town Council finds 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; and,
WHEREAS, the Vail Town Council finds that the amendments further the general and
specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code;
and,
WHEREAS, 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
Ordinance No. 10, Series of 2006 1
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:
Section 1. The purpose of this ordinance is to repeal and re-enact Chapter 12-20,
Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed
areas, and setting forth details in regard thereto.
Section 2. Chapter 12-20, Annexed Areas, Vail Town Code shall hereby be
repealed and re-enacted as followings: (deletions are shown in ems `.hra+~ and additions
are shown in bold)
CHAPTER 20
Annexed Areas
12-20-1: APPLICABILITY:
This Title shall be applicable to any area annexed to the Town subsequent to the
effective date hereof. a~-g~~arists~-s>^all ba i:~it'
area-within tea pr8ss~ed i:~ t>'e c~e~c+ag-e~d+n~nse and in accordance with
the provisions of this Chapter.
12-20-2: ZONING DISTRICTS IMPOSED:
An annexed area shall be divided into one or more zoning districts as established by
Section 12-4-1 of this Title. An application for the imposition of zoning on the
annexed area may be considered in conjunction with the annexing ordinance
at any time after a petition for annexation has been found to be valid in
accordance with CRS 31-12-107, as may be amended from time to time. The
proposed zoning ordinance shall not be passed on final reading prior to the
passage of the annexing ordinance on final reading. If an application for
zoning determination is not reviewed in conjunction with the annexing
ordinance, a final zoning district determination must be made within ninety
days of the effective date of the annexing ordinance.
12-20-3: DESIGNATED ON ZONING MAP:
The zoning districts imposed on an annexed area shall be shown on a map which
shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of
Ordinance No. 10, Series of 2006 2
this Title.
12-20-4: ZONING DISTRICT DETERMINATION:
A. Hearing Date: ^a~. +~e „~~,.+,.,,, .~.,+~ ^f an anne~+ag-e~dlnQacs, `.ha Tewr~
Ce~NSiNsa}-r~etien el"~all digest `. ' snrner~t~iseier~-to-seta
date-fEr ~--#~ca~inQ-#~ssnsid~r *ha-~er~iag-dist~+s;~ t~b~ imyesed-en-~e
aflae~xed ar8a. The date of the public hearing for consideration of zoning on
the annexed area shall be set in accordance with the applicable provisions of
Chapter 3 of this Title.
B. Notice; Conduct Of Hearing: Notice shall be given, the hearing shall be
conducted, and a report of the Planning and Environmental Commission stating its
findings and recommendations shall be transmitted to the Town Council in
accordance with the applicable provisions of Chapter 3 of this Title.
C. Council Action: Upon receipt of the report of the Planning and Environmental
Commission, the Town Council shall determine the zoning districts to be imposed
on the annexed area in accordance with the applicable provisions of subsections
12-3-7F and G of this Title.
D. Ordinance Enactment: The determination of zoning district by the Town
Council shall be made through its enactment of an ordinance imposing zoning
districts on the annexed area.
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
Ordinance No. 10, Series of 2006 3
+' J
,,. 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 4"' day of April, 2006, and a public hearing
for second reading of this Ordinance set for the 18"' day of April, 2006, at 6:00 P.M. in the Council
Chambers of the Vai! Municipal Buil~olorado.
~• <
i S ' ~ '~
~.l~ j, odney E! Slifer, Ma or
A E
~ ~ 4RAOi0
~ws~i
~,, ~L.orelei Donaldson, Town Clerk
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND
ORDERED PUBLISHED IN FULL this 18`h day of April, 2006.
~,/~ ~
Rodney E.`Slifer, Mayor`
ATTEST:
' 0~! N ip
Lorele(Donaldson, Town Clerk :~
S, j`i,
AL
Ordinance No. 10, Series of 2006 4
1587
''ROOF OF PUBLICATION
STATE OF COLORADO }
COUNTY OF EAGLE
SS.
I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same
Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and
has a general circulation therein; that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior
to the first publication of the annexed legal notice or advertisement and that said newspaper has
Published the requested legal notice and advertisement as requested.
The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under
Colorado's Home Rule provision.
That the annexed legal notice or advertisement was published in the regular and entire issue of every
number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of
said notice was in the issue of said newspaper dated April 08 A.D. 2006 and that the last publication of
said notice was in the issue of said newspaper dated April OS A.D. 2006.
In witness whereof has here unto set my hand this 13th day April, 2006.
~1' ~ier/G n~.f 1 Manager/Editor
subscribed and sworn to before me, a notary public in and for the County of Eagle, tate of Colorado this
13i~ of Apri12006. ~~
.~ ~ ~ ~'~
_~.~~vu~ ~.~_ ~- ~.
Pamela Joan Sch tz
Notary Public
Y P ~ My Commission expires: November 1, 2007
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