13-3-4: COMMISSION REVIEW OF APPLICATION; CRITERIA AND NECESSARY FINDINGS:
The planning and environmental commission shall conduct a public hearing on an application for a preliminary plan for subdivision. The planning and environmental commission shall consider the application, relevant additional materials, staff report and recommendations as well as any other comments or public information given at the hearing. The planning and environmental commission may discuss advisable changes to the proposed subdivision with the applicant. The burden of proof shall rest with the applicant to show that the application is in compliance with the intent and purposes of this chapter, the zoning ordinance and other pertinent regulations that the planning and environmental commission deems applicable. Due consideration shall be given to the recommendations made by public agencies, utility companies and other agencies consulted under subsection 13-3-3C of this chapter.
   A.   Before recommending approval, approval with conditions or disapproval of the preliminary plan, the planning and environmental commission shall consider the following criteria with respect to the proposed subdivision:
      1.   The extent to which the proposed subdivision is consistent with all 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
      2.   The extent to which the proposed subdivision complies with all of the standards of this title, as well as, but not limited to, title 12, "Zoning Regulations", of this code, and other pertinent regulations that the planning and environmental commission deems applicable; and
      3.   The extent to which the proposed subdivision presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and
      4.   The extent of the effects on the future development of the surrounding area; and
      5.   The extent to which the proposed subdivision is located and designed to avoid creating spatial patterns that cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development; and
      6.   The extent to which the utility lines are sized to serve the planned ultimate population of the service area to avoid future land disruption to upgrade undersized lines; and
      7.   The extent to which the proposed subdivision provides for the growth of an orderly viable community and serves the best interests of the community as a whole; and
      8.   The extent to which the proposed subdivision results in adverse or beneficial impacts on the natural environment, including, but not limited to, water quality, air quality, noise, vegetation, riparian corridors, hillsides and other desirable natural features; and
      9.   Such other factors and criteria as the commission and/or council deem applicable to the proposed subdivision.
   B.   Necessary Findings: Before recommending and/or granting an approval of an application for a major subdivision, the planning and environmental commission shall make the following findings with respect to the proposed major subdivision:
      1.   That the subdivision is in compliance with the criteria listed in subsection A of this section.
      2.   That the subdivision is consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town.
      3.   That the subdivision is compatible with and suitable to adjacent uses and appropriate for the surrounding areas.
      4.   That the subdivision promotes the health, safety, morals, and general welfare of the town and promotes 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. (Ord. 29(2005) § 53: 1997 Code: Ord. 2(1983) § 1)