(A) Prescription. The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the Town Council in accordance with the procedures prescribed in this chapter.
(B) Initiation.
(1) An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the Town Council on its own motion, by the Planning and Environmental Commission on its own motion, by petition of any resident or property owner in the town, or by the Administrator.
(2) A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the Administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners’ list shall include the names of all owners, their mailing and street addresses, and the legal description of the property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the Administrator.
(C) Criteria and findings.
(1) Zone district boundary amendment.
(a) Factors, enumerated. Before acting on an application for a zone district boundary amendment, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested zone district boundary amendment:
1. The extent to which the zone district amendment 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;
2. The extent to which the zone district amendment is suitable with the existing and potential land uses on the site and existing and potential surrounding land uses as set out in the town’s adopted planning documents;
3. The extent to which the zone district amendment presents a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives;
4. The extent to which the zone district amendment provides for the growth of an orderly viable community and does not constitute spot zoning as the amendment serves the best interests of the community as a whole;
5. The extent to which the zone district amendment 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;
6. The extent to which the zone district amendment is consistent with the purpose statement of the proposed zone district;
7. The extent to which the zone district amendment demonstrates how conditions have changed since the zoning designation of the subject property was adopted and is no longer appropriate; and
8. Such other factors and criteria as the Commission and/or Council deem applicable to the proposed rezoning.
(b) Necessary findings. Before recommending and/or granting an approval of an application for a zone district boundary amendment, the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment:
1. That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the town;
2. That the amendment is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and
3. That the amendment 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.
(2) Prescribed regulations amendment.
(a) Factors, enumerated. Before acting on an application for an amendment to the regulations prescribed in this title, the Planning and Environmental Commission and Town Council shall consider the following factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations;
2. The extent to which the text amendment would better implement and better achieve 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;
3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable;
4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and
5. Such other factors and criteria the Planning and Environmental Commission and/or Council deem applicable to the proposed text amendment.
(b) Necessary findings. Before recommending and/or granting an approval of an application for a text amendment the Planning and Environmental Commission and the Town Council shall make the following findings with respect to the requested amendment:
1. That the amendment is 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;
2. That the amendment furthers the general and specific purposes of the zoning regulations; and
3. That the amendment 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.
(D) Fee. The Town Council shall set a fee schedule for petitions for amendment of the regulations of this title or a change in zone district boundaries, sufficient to cover the cost of town staff time and other expenses incidental to the review of the petition.
(E) Hearing. Upon filing of a petition for amendment or upon initiation of an amendment by the Town Council, Planning and Environmental Commission or Administrator, the Administrator shall set a date for hearing in accordance with the provisions of § 12-3-6(B) and (C) of this chapter.
(F) Planning And Environmental Commission Recommendation. Within 20 days of the closing of a public hearing on a proposed amendment, the Planning and Environmental Commission shall act on the petition or proposal. The Commission may recommend approval of the petition or proposal as initiated, may recommend approval with such modifications as it deems necessary to accomplish the purposes of this title, or may recommend denial of the petition or rejection of the proposal. The Commission shall transmit its recommendation, together with a report on the public hearing and its deliberations and findings, to the Town Council.
(G) Hearing by Town Council. Upon receipt of the report and recommendation of the Planning and Environmental Commission, the Town Council shall set a date for hearing in accordance with § 12-3-6(B) of this chapter.
(H) Action by Town Council. Within 20 days of the closing of a public hearing on a proposed amendment, the Town Council shall act on the petition or proposal. The Town Council shall consider but shall not be bound by the recommendation of the Planning and Environmental Commission. The Town Council may cause an ordinance to be introduced to amend the regulations of this title or to change zone district boundaries, either in accordance with the recommendation of the Planning and Environmental Commission or in modified form, or the Council may deny the petition. If the Council elects to proceed with an ordinance amending the regulations or changing zone district boundaries, or both, the ordinance shall be considered as prescribed by the Charter of the town.
(Ord. 8(1973) §§ 21.501, 21.504, 21.506; Ord. 8(1978) § 21.500; Ord. 16(1978) § 8; Ord. 50(1978) § 17; Ord. 49(1979) §§ 2, 3; Ord. 4(2002) § 1; Ord. 29(2005) § 19)