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Home My WebLink About2023-36 A Resolution of the Vail Town Council Approving Procedures for Conducting Appeals and Quasi-Judicial Land UseRESOLUTION NO.36 SERIES OF 2023 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING PROCEDURES FOR CONDUCTING APPEALS AND QUAS14UDICIAL LAND USE WHEREAS, the Town Council wishes to approve procedures for conducting appels and quasi-judicial land use hearing as set forth in Exhibit A, attached hereto and made a part hereof by reference (the "Hearing Procedures"). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves and adopts the Hearing Procedures in substantially the same form attached hereto as Exhibit A, and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting a Vail Town Council held this 5th day of September, 2023. ATTEST: Steph nie Bibbens, Town Clerk f t K berl Lang . ai , op g OR�°ORATE� RULES OF PROCEDURE APPEAL HEARINGS BEFORE THE VAIL TOWN COUNCIL 1. Puraose. These Rules of Procedure ("Rules") are adopted pursuant to Vail Town Code §§ 12-3-3(A)(4)(e) and 12-3-3(B)(4)(e) to establish the procedures for hearings to consider appeals of a decision by the Zoning Administrator, the Design Review Board (the "DRB") or the Planning and Environmental Commission ("PEC") under Section 12- 3-3 of the Vail Town Code (the "Code"). These Rules are intended to establish reasonable procedures to protect applicable due process rights and to ensure that hearings proceed in a fair and expeditious manner. 2. Burden of Proof. On all appeals, the burden of proof is on the Appellant to establish that the decision was made in error. 3. Appearance and Representation. Each Appellant must appear in person at the hearing to present evidence unless represented by a duly authorized representative. If any Appellant fails to appear in person at the hearing and is not so represented, that Appellant's appeal shall be deemed dismissed. No telephonic or virtual participation is allowed. 4. Testimonv. All persons giving testimony to the Town Council shall be deemed to have given such testimony under oath. Each Appellant shall state their name and address for the record prior to presenting any testimony. Inflammatory, irrelevant or repetitive testimony will not be permitted. 5. Orderly Conduct. All persons appearing at the hearing shall act in an orderly and courteous manner. 6. Order of Proceedings. a. The Mayor shall open the hearing, and Town staff shall present the procedural history, including date of the decision of the Zoning Administrator or the dates of the DRB or PEC hearings and the decision. The Town Council may ask questions of Town staff during this presentation. b. The Appellant shall be allotted a reasonable time to present evidence, witness testimony, statements and arguments in support of the appeal. If there is more than one Appellant on the same issue, each Appellant may present its own evidence, testimony, statements and arguments, provided that no pooling of time is permitted. No cross examination of witnesses shall be allowed. The Town Council may ask questions of each Appellant during that Appellant's presentation. C. Town staff may then present any evidence, witness testimony, statements and arguments in support of the decision. The Town Council may ask questions of Town staff during this presentation. d. Following Town staffs presentation, if any, each Appellant shall have up to 3 minutes to respond only to issues raised by Town staff. No pooling of time is permitted. 9WO23 IVFILESERVER2019UZEDIRECTED$ISBIBBENSIDOWNLOADSIRULES OF PROCEDURE FOR APPEALS (1).DOCX e. No public comment is permitted. f. The Town Council shall have the right at any time to temporarily recess to review any written evidence if such review cannot occur while the hearing proceeds. 7. Continuance. Once the hearing has commenced, the Town Council may continue the hearing to a date certain upon its own motion, for good cause including without limitation the need for additional time for presentation or consideration of evidence or the need for additional information. Re -notification to adjacent property owners and interested parties shall not be required for any continued hearing. B. Decision. At the conclusion of all of the testimony, the Town Council may deliberate. Following deliberation, the Town Council shall make a decision by a voice vote, and a simple majority shall be required to uphold or reverse the decision of the Zoning Administrator, DRB or PEC. 2 SWO23 ItFILESERVER20191REDIRECTED$ISBIBBENSIDOWNLOADSIRULES OF_PROCEDURE.FOR- APPEALS(1).DOCX RULES OF PROCEDURE QUASI-JUDICIAL LAND USE HEARINGS BEFORE THE VAIL TOWN COUNCIL 1. Purpose. These Rules of Procedure ("Rules") are adopted to establish the procedures for quasi-judicial land use hearings before the Vail Town Council. These Rules are intended to establish reasonable procedures to protect applicable due process rights and to ensure that the hearing proceeds in a fair and expeditious manner. 2. Burden of Proof. It is the applicant's burden of proof to establish that the application meeting the criteria set forth in the Vail Town Code. 3. Appearance and Representation. All applicants must appear in person at the hearing to present evidence unless represented by a duly authorized representative. No telephonic or virtual participation shall be allowed. 4. Testimonv. All applicants making statements to the Town Council shall be deemed to have given such testimony under oath. 5. Orderly Conduct. All persons appearing at the hearing shall act in an orderly and courteous manner. 6. Order of Proceedings. a. The Mayor shall open the hearing, and Town staff shall present the procedural history of the application, including dates of any administrative hearings and any determinations that occurred prior the hearing before the Town Council. The Town Council may ask questions of Town staff during this presentation. b. Each Applicant shall be allotted a reasonable time to present evidence, witness testimony, statements and arguments in support of the application, as determined by the Mayor. The Town Council may ask questions of the Applicant during this presentation. C. Following the applicant's presentation, the Town Council shall allow limited public comment. Each person making public comment shall be limited to 3 minutes. Pooling of time shall be not permitted and repetitive and irrelevant comments may be disallowed. Public comment shall be on a first -come, first -served basis, based on a sign - in sheet at the hearing. d. Town staff may then respond to or supplement the evidence and testimony presented by the applicant or raised during public comment. e. The applicant will then be permitted reasonable time, as determined by the Mayor, to make closing remarks or address any issue raised by public comment. f. The Town Council shall have the right at any time to temporarily recess to review any written evidence provided by any person if such review cannot occur while the hearing proceeds. 9/sno2 ItFUESERVERMIOtBD RECCE ILSREGErwsl DMVLoADWMF_s OF PRDCMURE- I E HEARINGS 062622 Doc 7. Continuance. Once the hearing has commenced, the Town Council may continue the hearing to a date certain upon its own motion, for good case, including without limitation the need for additional time for presentation or consideration of evidence or the need for additional information. Re -notification to adjacent property owners and interested parties shall not be required for any hearing continued to a date certain. At the continued hearing, additional time may be allotted for public comment at the discretion of the Mayor. B. Decision. At the conclusion of all of the testimony, the Town Council may deliberate. Following deliberation, the Town Council shall make a decision by a voice vote, or shall direct the Town Attorney to draft a resolution with appropriate findings for the Town Council's consideration. A simple majority shall be required to approve, deny or remand the application. QW02 IIFILESERVER201 CT &A9OENS1DDiM.OADSM ES OF PROCEDURE- OJ LAND USE HEARINGS - 002 f11.D0 A62G22130C