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HomeMy WebLinkAbout2023-07 An Ordinance of the Vail Town Council Repealing and Reenacting Section 12-3-3 of the Vail Town Code to Simplify and Clarify the Procedures for Land Use AppealsORDINANCE NO.7 SERIES 2023 AN ORDINANCE OF THE VAIL TOWN COUNCIL REPEALING AND REENACTING SECTION 12-3-3 OF THE VAIL TOWN CODE TO SIMPLIFY AND CLARIFY THE PROCEDURES FOR LAND USE APPEALS NOW 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 Section 12-3-3 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-3-3: APPEALS AND CALL-UP: A. Appeals of administrative decisions. 1. Purpose. The purpose of this subsection A is to provide an avenue to appeal a final administrative decision based on a belief that there was an error in a final administrative decision made by the Administrator under Titles 11, 12, 13 and 14 of this Code. 2. Applicability. This subsection A shall apply to final administrative decisions of the Administrator. For purposes of this subsection A, a "final administrative decision" is a written decision of the Administrator interpreting a specific provision of this Code. 3. Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application; or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4. Procedure. a. A notice of appeal shall be filed within 20 days of the final administrative decision. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee as established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b. Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. C. If the Administrator determines that the appellant has standing, the Administrator shall determine the appropriate review body. Appeals of administrative decisions related to design guidelines shall be heard by the Design Review Board. All other appeals of administrative decisions shall be heard by the Planning and Environmental Commission. The Administrator shall schedule a public hearing before the applicable review body at its next available meeting to occur within 60 days of the standing determination. d. At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the appellant, the applicant and adjacent property owners, by first class U.S. Mail, postage prepaid. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to the owners' association. e. All appeals shall be de novo, and the review body many consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision being appealed was incorrect. The review body may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f. The review body shall review the appeal based on the applicable standards and criteria in the Town Code. The review body shall affirm, modify or overturn the final administrative decision, and shall issue written findings to support its decision. The review body may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the decision shall not be final until such findings have been adopted. g. The decision of the review body is subject to further appeal as set forth in subsection B hereof. 4. Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. B. Appeals of decisions by the Planning and Environmental Commission, Design Review Board, and Art in Public Places Board. 1. Purpose. The purpose of this subsection B is to provide an avenue to appeal a final decision based on a belief that there was an error in a decision made under the relevant Title of the Town Code. 2. Applicability. This subsection B shall apply to final decisions made by the Planning and Environmental Commission, Design Review Board, or Art in Public Places Board with respect to the provisions of the Town Code. 3. Standing. Only the following have standing to appeal: the affected applicant; an owner of real property that is adjacent to the property that is the subject of the application, or any adversely affected person. For purposes of this Section, adversely affected person means any person who will suffer an adverse effect to an interest protected by this Title, but only if the adverse effect exceeds in degree the effect on others in the general interest in community good shared by all persons. 4. Procedure. a. A notice of appeal shall be filed within 20 days of the decision being appealed. The notice of appeal shall include all information required by the appeal application provided by the Department of Community Development and the applicable fee established by resolution of the Town Council. Failure to timely file a complete appeal shall constitute a waiver of the right to appeal. b. Within 7 days of receipt of a complete notice of appeal, the Administrator shall determine whether the appellant has standing to appeal. If the Administrator finds that the appellant does not have standing, the Administrator shall notify the appellant, in writing, that the appeal has been dismissed. The dismissal is not subject to further appeal. C. If the Administrator determines that the appellant has standing, the Administrator shall schedule a public hearing before the Town Council to occur within 60 days of such determination. d. At least 15 days prior to the hearing, the Administrator shall send written notice of the date, time and place of the hearing to the last known addresses of the applicant, appellant and adjacent property owners by first class U.S. Mail. If adjacent property owners are in a planned community, notice shall be sufficient if mailed to the owners' association. e. All appeals shall be de novo, and the Town Council may consider any evidence it deems to be relevant. The burden shall be on the appellant to prove by a preponderance of the evidence that the decision was incorrect. The Town Council may adopt procedures for the public hearing, including without limitation time allowances for the presentation of evidence, argument and public comment, if any. f. The Town Council shall review the appeal based on the applicable standards and criteria in the Town Code. The Town Council shall affirm, modify or overturn the decision, and shall issue written findings to support its decision. The Town Council may request that the Town Attorney draft such findings for adoption at a subsequent meeting, and the Town Council's decision shall not be final until adoption of such findings. 5. Stay. The filing of a complete notice of appeal shall stay all permit activity and any proceedings related to the application being appealed or the property that is the subject of such application, unless the Administrator determines that a stay poses imminent peril to life or property. The stay shall continue until final resolution of the appeal. 6. Further review. The decision of the Town Council on any appeal is final, subject only to judicial review as allowed by law. C. Call-up by Town Council. The Town Council may call up any decision of the Planning and Environmental Commission or the Design Review Board or the Art in Public Places Board, by a majority vote of those Town Council members present, within 20 days of the decision being called up. Once called up, the decision shall be reviewed in the same manner as an appeal, provided that no finding of standing shall be necessary, and there shall be no burden of proof. 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 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 Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town 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 4111 day of April, 2023 and a public hearing for second reading of this Ordinance set for the 18th day of April, 2023, in the Council Chambers of the Vail Municip ail, Colorado. Mai May ATTEST: (0 Ste anie Bibbens, Town Clerk 0RATr64 READ AND APPROVED ON SE DING AND ORDERED PUBLISHED this 181h day of April, 2023. hil im Langma , Mayor ATTEST: Stephanie Bibbens, Town Clerk �AORATE0