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HomeMy WebLinkAboutLIA ZNEIMER LOT 5 LEGALRevised 5/L/92 (PLEASE PRINT OR TYPE) , -C- L0.f \ Lttu.tA Ll.vlttt APPLICATION TOR SINGI.E FAIiILY SUBDIVISION CEAPTER I7.25 \TAIL MT'NICIPAL CODE I I PH.NE r1 1 - 'll ,: 1 / lm r/2r'25 1P4u.a<Lre co't PHoNE ?z al , cn alb,ls c4la< 4b I 3)l ,:14 ,.1 .) A. APPLTCANT MAILING ADDRESs PE3 Sof co, B.PRoPERTY omlnn 8a OI|NER' S SIGNA MAILING ADDRESS LOCATION OF PROPOSAL: >;cJQ c ft(44 srREEr paopa,ss l4zZ rbvFFetlrz ce, "0, f ffi& ,4 sueorvr srowkot9 lztbdc FILING D. E. APPLICATION FEE SlOO.OO MATERIALS TO BE SUBMITTED: PArD "/cHEcK * | l3'/ -- b. Two mylar copies and one paper copy, of the subdivision plat shall be submitted Lo the Department of Community Development. The plat shalI include the followj-ng: a. The final plat shaIl be drawn by a registered surveyor in fndia i-nk, or other substantial solution, on a reproducible medium (preferably mylar) with dimension of twenty-four by thirtv-six inches and shall be at a scafe of one hundred feet tc o;'le inch cr larEer wiir'r i-*argins of one end o::e-hal-f to two inches on the left and one-ha1f inch on al] other sides. Accurate dimensions to the nearest one-hundredth of a foot for aII lines, angles and curves used to describe /boundaries, streets, setbacks, a11eys, easements,structures, areas to be reserved or dedicated for public or corunon uses and other important features. A11 curves shall be circuLar arcs and shall be defined by the radius, centraL angle, are scored distances and bearing. All dimensions,both linear and ang:u1ar, are to be determined by an accurate control survey in the field which must balance and close within a limit of one in ten thousand. North arrow and graphic sca1e. A systematic identification of all existing and proposed ,,,.buildings, units, 1ots, blocks, and names for a1I streets, v An identification of the streets, al1eys, parks, and other public areas or facilities as shown on the p1at, and a dedication thereof to the public use. An identification of the easements as shown on the plat and a grant thereof to ,the public use. Areas reserved for future public V acquisition shaLl al-so be shown on the plat. A written survey description of the area including the total .,r',acreage to the nearest appropriate significant figure. Thle ,z'acreage of each .Iot or parcel shal1 be shown in this manner as well. A description of aLL survey monuments, both found and set, which mark the boundaries of the subdivision, and a ,/description of aII monuments used in conducting the survey.' Monument. perimeter per Colorado sLatutes. Two perimeter monuments sha1l be est.ablished as major control monuments, the materials which shall be determined by the town engineer. V r c.r.- \ -* \-r',r"in,r|'inl- O.t, (-t 1. 1l. I t? ----f a!L*---r J'..J', !V t'' t' '/ tv .,r'' i '' ,. ,rLl L/"' f. v. , /n.v'^ "...uft bv tne ranct was oeEermrneo. I A certificate by the registered fand surveyor as outlined in Chapter J.'1 .32 of this title as to the accuracy. of the survey and plat, and that the survey was performed by him in accordance with Colorado Revised Statutes I9'13, Title 38,Articl-e 51 . A certificate by an attorney admitted to practice in the State of Colorado, or corporate title insurer, that the owner (s) of record dedicating to the public the public right-of-way, areas or facj-lities as shown thereon are the owners thereof in fee simple, free and clear of all liens and encumbrances except as noted. The proper form for filing of t.he plat with the Eagle County clerk and recorder. AII current taxes must be paid prj-or to the Toern's approval of pJ.at. This includes taxes which have been billed but are not yet due. The certificate of taxes paid must be signed on the plat or a statement from the Eagle County Assessors Office must be provided with the submittal information stating that 4L taxes have been paid. Certificate of dedication and ownership. Shou1d the certificate of dedication and ownership provj.de for a dedication of land or improvements to the public, aI1 beneficiaries of deeds of trust and mortgage holders on saj-d real property will be required to sign the certificate of dedication and ownership in addition to the fee simple or^rner thereof. Signature of owner. j r' K. n The pl-at must contain the following statement: "For zoning purposes, the lots created by this subdivision are to be treated as one lot with no more than @ dwelling units allowed on the combi-ned area of the @ Iots. " The statement sha11 be modified Lo ir'rciicate the rrumber of units and iots propcsed. A copy of the declarations and/or covenants relating to the subdivision, which shall assure the maintenance of any common areas which may be created. The covenants shall- run with the land and shall be in a form suitable for recordinq with the Eaqle County Clerk and Recorder- Schedules A and B of a title report. F APPROVAL PROCESS, REVIEW CRITERIA The burden of proof shall rest with the appJ-icant to show that the subdivision complies with the zonj-ng ordinance with respect to building location and other aspects of the structure and ground, with the original plat as approved by the Design Review Board of the Town and the accurateness and integri-ty of the survey data found on the p1at. Upon receiving two copies of a complete submittal along with payrnent of the appropriate fee, the zoning administrator shall route one copy of the site map to the town engineer for his review. The zoning administrator shafl then conduct this review concurrently. The town engineer sha1l review the subnittal and return comments and notifications to the zoning adninistrator who shal-1 transmit the approval, disapproval- or approval with rnodifications of the plat wj-thin fourteen days to the appJ-j-cant. The zoning administrator shall sign the plat if approved or require modifications on the plat for approval or deny approvaf due to inconsistencies with the originally approved plan or failure to make other required modifications of the p1at. FILING AND RECORDING The Department of Community Development wilL record the plat and any related covenants with the Eagle County Clerk and Recorder. Fees for recording shall be paid by the appJ-icant. The Community Development Department will retain one mylar copy of the plat for their records and wilI record the remaining mylar copy. Revised 5/1/92 surveyor e I If thls aPPUcation requiles a separate revlew by any local, State or Federal agency other than the Town of VaiI, the application fee shall' be increased by $200.00. Exanrples of such review, may include, but are note ]imited to: Colorado Department of Hlghway Access Permits' Army Corps of Engineers 404, etc. The applicant shall be responsible for paying any publishing fees which are in excess of 50* of the applJ.cation fee. lf, at the applicant's reguest, any matter is postponed for hearing, causing the matter to be ss-publishea, then, the entile fee for such re-publication shall be paid by the applicant. Appllcations deemed by the Conununity Development Department to_.have silnificant design, land use or other issues which may have a significant imlact on the conrmunity may require revlew by consultants other than tov,,n staff. Should a determinalion be made by the town staff that an outside consultant is needed to review any appJ.ication. the Conununity Development may hire an outside consultantr it shall esttmate the amount of money neaessary to pay him or her and this amount shall be forwarded to the Town by -the ippficant at the time he fj.Ies his application with the Community Development Department, Upon completion of the revj.ew of the application by the conlultantr dDy of the funds forwarded by the alit:.cant for payrnent of the consultant which have not been paid to the consultant shall-be returned to the applicant. Expenses incurred by the Town in excess of the amount forwarded by the applicant shafl be paid to the Town by the applicant within 30 days of notification by the Town. ORDINANCE NO. 1 Series of 1991- AN ORDINANCE AMENDING TITLE 17 OF THE TOWN OF VAIL MUNICIPAL CODE BY THE ADDITION OF CHAPTER 17.17 SCHOOL SITE DEDICATIONS; AND SETTING FORTH DETAILS IN REGARD THERETO. l,lHEREAs the Town counci'l of the Town of va'il is of the opinion that the subdivider of land in each major residential subdivision or portion of a major subdivision which is intended for residential use sha'l 'l allocate and convey sites and land aneas for schools when such are reasonab'ly necessary to serve the proposed subdivision and future residents thereof; NO}J THEREF0RE be it ordajned by the Town Council of the Town of Vail, Col orado: Section 1. Title 17 of the Town of Vail Munjcipal Code is hereby amended by the addition of Chapter 17.L7, School Site Dedications, to read as folIows: 17.17.010 PURPoSE It is hereby declared to be the policy of the Town that whenever there is a major subdivision, which is subdjvided for residential use or partial residential use, the owner of the land shall provide land for school needs generated by the proposed residential use. It is the purpose of this chapter to require the dedication of land or the payment of fees in lieu thereof or both to fulfiII such needs. Section 17.17.020. School land dedication or cash in lieu thereof. The subdivider of land in each residential major subdjvision or portion of the subdivision which is intended for residential use, shall allocate and convey sites in land areas for schools when such are reasonably necessary to serve the proposed subdivision and future residents thereof, by the application of the formulas set forth below: Single family and duplex or primary secondary. Number of units x .014495 = dedication requi rement .i n acres, Mul ti -fami ly. Number of units x .0026?6 l.lhen land is dedicated for be that which js useable by the and sha'l I be ma i nta i ned by the = dedication requi rement in acres. the purpose of providing a school site, it shal 1 Eagle County School District for such purpose, School 0istri ct in a reasonable manner untiI developed. Said land shall be held by the Town of Vail for the School District until required by the School District. In the event that the School District determines subsequent to dedication that the dedicated school site is not reasonably necessary, the Town Council may, at the request of the School District, sel I the land. When sites and'l and areas for schools are not reasonably necessary to serve the proposed subdivision and future residents thereof, the Town Council, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of Iand, the payment in cash by the subdivlder of a amount not to exceed the full market value of such sltes and land areas for school s. The ful I market value shall mean the current market value of unimproved land. This value shalI be set annually by the Town Council on an acre basjs with recommendations from the Schoo'l District, The same value per acre sha'l I be used throughout the town. If the subdivjder does not agree with the value per acre, the subdivider may submit the report by a qua'l ified appraiser who is M.A.I. designated, which estab'l ishes a new value. The Town Council shalI review the reoort and determine if the value is reasonable. Based upon their review, the Town Council will determine the va] ue of such land. When money in lieu of'l and is required or when monies have been paid to the Town Council from the sale of such dedicated sites for schools, it shall be held by the Town Council for the acquisition of reasonably necessary sites for the construction of school facil ities, for the construction of employee housing required by the schoo'l district, for the purchase of employee housing units for the school distri ct, or for the development of such sites. If housing units are purchased, a deed restri ction restricting their use to school district employee housing shall be required and ownersh ip shall remain in the name of the School District. A subdivision school dedication sha'l 1 apply onlyonce to the same land area. Dedication shall not be required of re-subdivisions of the same'l and on a dedication that has previously been made. Section 17.17.030. Town Exempted. The Town of Vail is specifical1y exempted from the requirements of this chapter L7.17. Section 2. If any part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisjon shall not -2- affect the va'lidjty of the remaining pJrtions of this 0rdinance; and the Town council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause, or phrase thdreof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be decl ared i nval i d. section 3. 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 hereof. section 4. The repeal or the repea'l and reenactment of any provis.ion of the Vai'l Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violatjon that occurred prior to the effective date hereof, any section commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or. repealed and reenacted. The repeal of any provision hereby sha'l I not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. Repealer. All bylaws, orders, resolutions, and ordjnances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any by1aw, order, resolution, or ordinance, or part hereof, heretofore repealeci. INTR0DUCED, READ, AND AppROVED 0N FIRST READING THIS flgh day of Februarv , 1991, and a public hearing sha'l I be held on this ordinance on the _ day of Februarv 19 , 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Bui lding, Vai1, Colorado. Ordered published in full this lgrhday of Februarv ,1991. ATTEST: INTRODUCED, READ, AND APPROVED ON by t1gle only this SECOND 5Eh day tKt rr.nau<--. Kent R. Rose, Mayor ' READING AND ORDERED PUBLISHED of March ,1991. \b-J Town Clerk Rose,Mayor ATTEST: -3- , ORDINANCE NO. 2 Series of 195T- AN ORDINANCE AMENDING TITLE 18 OF THE MUNICIPAL CODE OF THE TOI,|N OF VAIL BY THE ADDITION OF CHAPTER 18.67 VESTED PROPERTY RIGHTS: AND SETTING FORTH DETAILS IN REGARD THERETO. NOl,l, THEREFORE, BE IT ORDAINED BY THE TOt,lN COUNCIL OF THE TOI.IN OF VAIL, COLORADO: 1. Title 18 is hereby amended by the addition of Chapter 18.67 to read as follows: 18.67.010 PURPoSE The purpose of this Chapter is to prov'i de the procedures necessary to implement the provisions of Article 68 of Tit'le 24, C.R.S., as amended. 18.67.020 DEFINITIONS A. Site specific development plan shalImean and be limited to a fina'l najor or minor subdivision p1at, or a special deveiopment district development p'l an. B. Vested property right means the right to undertake and complete the development and use of property under the terms and conditions of the site specific development plan, and shall be deemed established upon approval of a site speci fi c development p'lan. 18.67.030 NOTICE AND HEARING No site specific development plan shal 1 be approved by the Town Council or any Town board or commission as applicable, until after a public hearing proceeded by written notice of such hearing, in accordance with Chapter 8,68 of the Vail Municipal Code. Such notice may, at the option of the Town, be combined with the notice for any other hearing to be he1 d in conjunction with the hearing on the site specific development p'l an for the subject property. At such hearing, persons with an interest jn the subject matter of the hearing sha1 'l have an opportunity to present relevant or material evidence as determined by the Town Council or Town board or commission as applicable. 18.67.035 ACTION FOR APPROVAL OF SITE SPECIFIC DEVELOPMENT PLAN . CONDITIONS The action of the Town Council or Town board or commission as applicable for approval of a site specific development plan shall be in the same form as that required to approve any request being considered for the subject property in conjunctjon with the hearing on the site specific development p1an, such action being either by ordinance, resolution, or motion as the case may be. If any action by any board or commjssion is appealed to or called up by the Town Counci'l , approva'l sha'l 'l be deemed to occur when a f inal decision of the Town Council is rendered approving the site specific development plan. The approval may include such terms and conditions as may be reasonably necessary to protect the public health, safety, and we'l fare, and the failure to abide by any such terms and conditjons may, at the option of the Town Council or Town board or commission as appl'i cable, and after public hearing, result in the forfeiture of vested property rights. 18.67.040 APPROVAL - EFFECTIVE DATE A site specific development plan shall be deemed approved upon the effective date of the approval action relating thereto by the Town Council or the Town board or commission as the case may be. 18.67.045 VESTED PROPERTY RIGHTS . DURATION A. A property right which has been vested as provided for in this Chapter shall remajn vested for a period of three (3) years. In the event amendments to a site specific development plan are proposed and approved, the effective date of such amendments for purposes of the duration of the vested property right, shall be the date of the approrral of the original sjte specific development plan, unless the Town Counci'l or applicab'le board or commission specifjca1 1y finds to the contrary and incorporates such finding in its approval of the amendment. 18.67.050 NOTICE OF APPROVAL Each map, plat, or site pian or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to contain this statement shal 1 invalidate the creation of the vested property right. In addition, a notice describing genera'l 1y the type and intens.i ty of use approved, the specific parcel or parcels of propenty affected, and stating that a vested property right has been created, shal 1 be published once, not more than fourteen (14) days after approval of the site specific development plan in a newspaper of general circulation within the Town. 18.67.055 EXCEPTION TO VESTING OF PROPERTY RIGHTS A vested property right, even though once established as provided in this Artic'l e, precludes any zoning or land use action by the Town or pursuant -2- to an'i nitiated measure which wou'l d a1ter, impair, prevent, diminish, or othsl$,ise de] ay the deve'l opment or use of the property as set forth in the site specific development plan except: A. Hith the consent of the affected landowners; or B. Upon the discovery of natural or man-made hazards on or in the immediate vicinity of the subject property, which hazards could not reasonably have been discovered at the time of site specific development plan approval , and which hazards, if uncorrected would pose a serious threat to the public health, safety, and welfare; or C. To the extent that the affected landowner receives just compensation for all costs, expenses, and liabilities incurred by the landowner, including but not limited to all fees paid in consideration of financing, and all architectural , planning, marketing, legal , and other consu] tants fees incurred after approval by the Town Council, or applicable town board or commission, together with jnterest thereon at the 'lega1 rate unti1 paid. Just compensation shall not include any diminutjon jn the value of the property which is caused by such action. D. The establishment of a vested property right pursuant to law shall not preclude the application of crdinances cr regulations which are general in nature and are applicable to al1 properties subject to land use regulation by the Town of Vai1, including but not limited to, building codes, fire, plumbing, electrical and mechanical codes, housing, and dangerous building codes, and desi gn revi ew gui de1 i nes. 18.67-060 PAYMENT 0F CoSTS In addition to any and all other fees and charges imposed by the Municipal Code of the Town, the applicant for approval of a site specific development plan shalI pay a'l 'l costs relating to such approval as a result of the site specific deve'l opment plan review including pub'l ication of notices, public hearing, and review costs. At the option of the Town, these costs may be inposed as a fee of / DO 18.67.065 OTHER PROVISION UNAFFECTED Approval of a site specific deve'l opment plan shalI not constitute an exempt'i on from or waiver of any provisions of this Code pertaining to the development and use of property. 18.67.070 LIMITATIONS Nothing in this Chapter is intended to create any vested property right, -J- I but only to implement the provisions of Article 68 of Tit'le 24, C.R.S., as amended. In the event of the repeal of said Artic'le or judicial determination that said Article is invalid or unconstitutional or does not app'ly to home rule municipalities such as the Town of Vail, thjs Chapter shal'l be deemed to be repealed, and the provisions hereof no'longer effective. 2. If any part, section, subsection, sentence, clause or phrase of this 0rdinance js for any reason he1 d to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby dec'lares 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 dec'l ared i nval i d. 3. The Town Council hereby finds, determines and declares that th'i s 0rdinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this 0rdinance shalI not affect any right which has accrued, any duty imposed, any violation that occurred pri or to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordjnance previously repealed or superseded unless express'ly stated herein. 5- A11 bylaws, orders, resolutions, and ordinances, on parts thereof, jnconsistent herewith are repealed to the extent only of such inconsistency. This repealer sha'l I not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTR0DUCED, READ AND APPR0VED 0N FIRST READING this 5gb_ day of March , 1991, and a public hearing shal] be held on this 0rdinance on the _S_ day of uarch , 1991, at 7:30 p.m. in the Council chambers of the Vail Municipal 8ui'l ding, Vail, Colorado. Ordered published in fulI this 1991. 5rh day of March Rose, ATTEST: -4- INTRODUCED, READ, AND APPROVED ON SECOND h* +;+b ot*, this I# dav - READING AND ORDERED PUBLISHED of LlttcL- , 1991. ATTEST: A. Brandmeyer, Town C1'erk -5- ----t a\N {N\a\\.\ N(rll \'' \-.]