Loading...
HomeMy WebLinkAbout2008-18 an Ordinance Amending Chapter 12-3, Administration and Chapter 13-1 General Provision, Vail Town Code to Establish Notification of Surface Development Requirements ORDINANCE NO. 18 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-3, ADMINISTRATION, AND CHAPTER 13-1, GENERAL PROVISION, VAIL TOWN CODE, TO ESTABLISH NOTIFACTION OF SURFACE DEVELOPMENT REQUIREMENTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Article 65.5, Notification of Surface Development, Colorado Revised Statutes, establishes procedures for providing notice to owners of mineral interests concerning impending surface development; and, WHEREAS, on August 11, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning and Subdivision Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines 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, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning and Subdivision Regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the 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, based upon Section VI of the Staff memorandum dated August 11, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section VI of the Staff memorandum to the Planning and Environmental Commission dated August 11, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 12-3, Administration, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is in italics. Sections of text that are not amended have been omitted): ~ Ordinance No. 18, Series of 2008, mineral estate notificalion, second reading 12-3-10: Notification of Surface Deve/opment It shall be the so/e responsibility of the applicant to provide notice of any application for deve/opment to any minera/ estate owners and the Town of Vail in accordance with the provisions of Tit/e 24, Artic/e 65.5, Notification of Surface Deve/opment, Colorado Revised Statutes. It sha/l a/so be the so/e responsibility of the applicant to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24- 65.5103-1, Colorado Revised Statutes. Section 2. Chapter 13-1, General Provisions, of the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is in italics. Sections of text that are not amended have been omitted): 13-1-8: Notification of Surface Development It shal/ be the sole responsibility of the subdivider to provide notice of any application for development to any minera/ estate owners and the Town of Vail in accordance with the provisions of Title 24, Article 65.5, Notification of Surface Deve/opment, Colorado Revised Statutes. It shall a/so be the so/e responsibility of the subdivider to certify that said notice was provided to the mineral estate owner pursuant to Subsection 24- 65.5103-1, Co/orado Revised Statutes. 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 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 19th day of August, 2008 and a public hearing for second reading of this Ordinance set for the 2"d day of September, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 2 Ordinance No. 18, Series of 2008, mineral estate nodficaUon, second reading •°'wN•°~ .,L Richard D. Clevelan , Mayor ? ,s' ~r . . `~L ~ Attest:, ~ g - ~ O~ r'RA DO 0 o lei Ponatdson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED thlS 2nd day of September, 2008. . ! Richard D. Cleveland, ayor Atte t: , o~!N•.°~ ~ rel i Donaldson, Town Clerk ' : SEAL ~ . , ~o~•.....•••o~ . ~ORA~ . 3 Ordinance No. 18, Series of 2008, mineral estate notification, second reading