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Home My WebLink About2020-14 Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to add Section 13-14ORDINANCE NO. 14 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO ADD SECTION 13-14, ADMINISTRATIVE LOT LINE ADJUSTMENT AND ELIMINATION PROCEDURES, VAIL TOWN CODE, TO ADD AN ADMINISTRATIVE PROCEDURE FOR THE ADJUSTMENT OR ELIMINATION OF LOT LINES BETWEEN EXISTING PLATTED LOTS, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 28, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 28, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is 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; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed 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. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 13, Subdivision regulations, is hereby amended include a new section, 13-14, Administrative Lot Line Adjustment and Elimination Procedures, Vail Town Code, as follows: Chapter 14 ADMINISTRATIVE LOT LINE ADJUSTMENTS AND ELIMINATIONS 13-14-1: PURPOSE AND INTENT: 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: 13-14-5: FILING AND RECORDING: 13-14-1: PURPOSE AND INTENT: The purpose of this chapter is to establish criteria and an appropriate review process whereby the administrator may approve lot line adjustments and/or eliminations to previously approved plats. This process is intended to allow for the administrative review of adjustments or eliminations of existing lot lines where no "subdivision" occurs and conformance with applicable provisions of this code has been demonstrated. 13-14-2: CONSULTATION REQUIRED; PRELIMINARY REVIEW: Prior to the submittal of a lot line adjustments and/or elimination requests, the applicant shall meet with the administrator to determine if the request is consistent with the lot line adjustments and/or eliminations criteria outlined in section 13-14- 3 of this chapter. If the administrator determines the subject application would circumvent significant and relevant elements of the subdivision review process and/or is inconsistent with relevant standards of Title 12, Zoning Regulations, the application shall be reviewed pursuant to the "subdivision" or "exemption plat" review processes outlined in this title. 13-14-3: SUBMITTAL REQUIREMENTS, PLAT PROCEDURE AND CRITERIA FOR REVIEW: A. Submission Of Proposal; Waiver Of Requirements: The applicant shall submit the proposal following the requirements for a final plat in subsection 13-3-6B of this title, with the provision that certain requirements may be waived by the administrator if determined to be not applicable to the project. B. Plat Procedure: Upon receiving a complete submittal with payment of applicable fee, the administrator shall route the proposed plat to appropriate town staff and outside agencies. The administrator shall sign the plat if approved, require modifications on the plat for approval, or deny approval due to inconsistencies with the required findings for approval, or failure to make other required modifications. Lot line adjustments and/or eliminations plats must contain a statement accurately describing the purpose of the lot line adjustments and/or eliminations. C. Criteria for Review: A lot line adjustment and/or elimination plat may be approved upon the findings that: 1. The lot line adjustment and/or elimination plat is in accordance with all applicable town ordinances, standards, and the original conditions of plat approval; 2. Nonconformities are not created. In the case of preexisting nonconforming lots, the nonconformity is not increased with the approval of the lot line adjustments and/or eliminations plat; 3. The approval will not adversely affect the public health, safety, and welfare; 4. Provisions for adequate access and infrastructure have been demonstrated by the applicant and are indicated on the proposed lot line adjustments and/or eliminations plat. 13-14-4: APPEAL OF ADMINISTRATOR'S DECISION: The administrator's decision may be appealed to the planning and environmental commission and such appeal shall follow procedures set forth in section 12-3-3 of this code. 13-14-5: FILING AND RECORDING: The department of community development or applicant will record the plat and any related covenants with the Eagle County clerk and recorder; however, no plat shall be recorded unless prior to the time of recording, the applicant provides the town with a certification from the Eagle County treasurer's office indicating that all ad valorem taxes applicable to such property(s), for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. A lot line adjustments and/or eliminations plat may not be recorded until applicable appeals periods have expired in accordance with the provisions of subsection 13-3-5C of this title. 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 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 4. 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 20 th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 3 rd day of November, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3rd day of November, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk