HomeMy WebLinkAbout2008-18 an Ordinance Amending Chapter 12-3, Administration and Chapter 13-1 General Provision, Vail Town Code to Establish Notification of Surface Development Requirements
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 , 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 notificalion, second reading
12-3-10: Notification of Surface Deve/opment
It shall be the so/e responsibility of the applicant to provide notice of any application for
deve/opment to any minera/ estate owners and the Town of Vail in accordance with the
provisions of Tit/e 24, Artic/e 65.5, Notification of Surface Deve/opment, Colorado
Revised Statutes. It sha/l a/so 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 shal/ be the sole responsibility of the subdivider 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 Deve/opment, Colorado
Revised Statutes. It shall a/so be the so/e responsibility of the subdivider to certify that
said notice was provided to the mineral estate owner pursuant to Subsection 24-
65.5103-1, Co/orado 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.
2 Ordinance No. 18, Series of 2008, mineral estate nodficaUon, second reading
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Richard D. Clevelan , Mayor ? ,s' ~r
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Attest:, ~ g
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o lei Ponatdson, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED thlS 2nd
day of September, 2008.
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Richard D. Cleveland, ayor
Atte t:
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rel i Donaldson, Town Clerk '
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3 Ordinance No. 18, Series of 2008, mineral estate notification, second reading