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HomeMy WebLinkAbout2006-10 Repealing and Reenacting Chapter 12-20, Annexed Areas, to Amend the Process for Zoning District Determination of Annexed AreasORDINANCE NO. i 0 SERIES OF 2006 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 12-20, ANNEXED AREAS, VAIL TOWN CODE, TO AMEND THE PROCESS FOR ZONING DISTRICT DETERMINATION OF ANNEXED AREAS, AND S~ ~ i ING FORTH DETAILS IN REGARD THERETO. WHEREAS, The Town of Vail Community Development has submitted an application for a text amendment to Chapter 12-20, Annexed Areas, Vail Tawn Code, to amend the process for zoning district determination of annexed areas; and setting forth details in regard thereto; and, WHEREAS, the proposed text amendment wiN streamline the review process for zoning district determination of annexed areas by allowing an application for zoning to be considered simultaneously with an application for annexation; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has held a public hearing on the proposed amendments in accordance with the provisions of the Vail Town Code; and, ~,r WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the development objectives of the Town of Vail; and, WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval of this amendment at its March 27, 2006, public hearing and has submitted its recommendation of approval to the Town Council; and, WHEREAS, the Vail Town Council finds 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; and, WHEREAS, the Vail Town Council finds that the amendments further the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and, WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development Ordinance No. 10, Series of 2006 1 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. The purpose of this ordinance is to repeal and re-enact Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas, and setting forth details in regard thereto. Section 2. Chapter 12-20, Annexed Areas, Vail Town Code shall hereby be repealed and re-enacted as followings: (deletions are shown in ems `.hra+~ and additions are shown in bold) CHAPTER 20 Annexed Areas 12-20-1: APPLICABILITY: This Title shall be applicable to any area annexed to the Town subsequent to the effective date hereof. a~-g~~arists~-s>^all ba i:~it' area-within tea pr8ss~ed i:~ t>'e c~e~c+ag-e~d+n~nse and in accordance with the provisions of this Chapter. 12-20-2: ZONING DISTRICTS IMPOSED: An annexed area shall be divided into one or more zoning districts as established by Section 12-4-1 of this Title. An application for the imposition of zoning on the annexed area may be considered in conjunction with the annexing ordinance at any time after a petition for annexation has been found to be valid in accordance with CRS 31-12-107, as may be amended from time to time. The proposed zoning ordinance shall not be passed on final reading prior to the passage of the annexing ordinance on final reading. If an application for zoning determination is not reviewed in conjunction with the annexing ordinance, a final zoning district determination must be made within ninety days of the effective date of the annexing ordinance. 12-20-3: DESIGNATED ON ZONING MAP: The zoning districts imposed on an annexed area shall be shown on a map which shall become an addition to the Official Zoning Map adopted by Section 12-5-1 of Ordinance No. 10, Series of 2006 2 this Title. 12-20-4: ZONING DISTRICT DETERMINATION: A. Hearing Date: ^a~. +~e „~~,.+,.,,, .~.,+~ ^f an anne~+ag-e~dlnQacs, `.ha Tewr~ Ce~NSiNsa}-r~etien el"~all digest `. ' snrner~t~iseier~-to-seta date-fEr ~--#~ca~inQ-#~ssnsid~r *ha-~er~iag-dist~+s;~ t~b~ imyesed-en-~e aflae~xed ar8a. The date of the public hearing for consideration of zoning on the annexed area shall be set in accordance with the applicable provisions of Chapter 3 of this Title. B. Notice; Conduct Of Hearing: Notice shall be given, the hearing shall be conducted, and a report of the Planning and Environmental Commission stating its findings and recommendations shall be transmitted to the Town Council in accordance with the applicable provisions of Chapter 3 of this Title. C. Council Action: Upon receipt of the report of the Planning and Environmental Commission, the Town Council shall determine the zoning districts to be imposed on the annexed area in accordance with the applicable provisions of subsections 12-3-7F and G of this Title. D. Ordinance Enactment: The determination of zoning district by the Town Council shall be made through its enactment of an ordinance imposing zoning districts on the annexed area. 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 Ordinance No. 10, Series of 2006 3 +' J ,,. 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 4"' day of April, 2006, and a public hearing for second reading of this Ordinance set for the 18"' day of April, 2006, at 6:00 P.M. in the Council Chambers of the Vai! Municipal Buil~olorado. ~• < i S ' ~ '~ ~.l~ j, odney E! Slifer, Ma or A E ~ ~ 4RAOi0 ~ws~i ~,, ~L.orelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18`h day of April, 2006. ~,/~ ~ Rodney E.`Slifer, Mayor` ATTEST: ' 0~! N ip Lorele(Donaldson, Town Clerk :~ S, j`i, AL Ordinance No. 10, Series of 2006 4 1587 ''ROOF OF PUBLICATION STATE OF COLORADO } COUNTY OF EAGLE SS. I, Steve Pope, do solemnly swear that I am a qualified representative of the Vail Daily. That the same Daily newspaper printed, in whole or in part and published in the County of Eagle, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said County of Eagle for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement and that said newspaper has Published the requested legal notice and advertisement as requested. The Vail Daily is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions; and that the first publication of said notice was in the issue of said newspaper dated April 08 A.D. 2006 and that the last publication of said notice was in the issue of said newspaper dated April OS A.D. 2006. In witness whereof has here unto set my hand this 13th day April, 2006. ~1' ~ier/G n~.f 1 Manager/Editor subscribed and sworn to before me, a notary public in and for the County of Eagle, tate of Colorado this 13i~ of Apri12006. ~~ .~ ~ ~ ~'~ _~.~~vu~ ~.~_ ~- ~. Pamela Joan Sch tz Notary Public Y P ~ My Commission expires: November 1, 2007 2O• •y ~.' ~ O PAfvir:L'~ ~• SCi•i+~1.7:~ 1~ CF COA- 1~ l~~ Ae oaa- me cxuF rowN eo zoNU~c, ~ r~xeo ws nr REC;tiAn wfr Vail Totm ~ nrora, a WHEREAS streamline d: ~b an, mkNon at n the wrr++~As mfpion An d~e- uu d vau; and. WHEREA. misxon of Proval d 1 ~of~ ava .~.~ ~~~ , . ~! ~ ~ ~ ~ ~ ~ ~ ~~~~~ ~~ ~~ ~~ 4 f ~ ~ ~~~~~ ~a ~i s S En O N •~, ~' 7 o p. F' ,,; ~~ ,. ~~ ~o o ~, ~ o e ° '= "" w d ~' O m o, w R °3 o ~ ~ ~ 'Y ~ ~ ~ N ~ v 0 3 ~ .fl .. ~ c W N u ~ ~ rN. ~ ~ s ~ rj o :~, '~ ~ •D 3 u .d ~•. -a q a °+~'O3 d~ ~ O A ~ N ^~ r c o'~ a ~ c U o u°`' v y ~~ ~ N N s 3 9 a ~ c c ~~ ~ a :~ ca ~ G G y v•"' r p. 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