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HomeMy WebLinkAbout2022-09PROOF OF PUBLICATION STATE OF COLORADO COUNTY OF EAGLE I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2022, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 41" day of May 2022. Witness my hand and seal this 4t" day of May 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 9 SERIES 2022 AN ORDINANCE CORRECTING VARIOUS SECTIONS OF TITLE 12 OF THE VAIL TOWN CODE TO REFLECT CHANGES IN STATE LAW WHEREAS, the Town seeks to maintain an accurate municipal code, substantive changes were made to various Title 12 zoning regulations; and WHERAS, the Town wishes to have accurate guidelines regarding geologically sensitive areas and development. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows: 12-2-2: DEFINITIONS OF WORDS AND TFiRMS: For purposes of this Title, the following terms shall have the following meanings: `^Ih� d in thic title, the words and phrases GORtainod in this t44e chall have the cnonifin meanings as defined in this c FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to Colorado Revised S}atute 17-61-401 o+�� C.R.S. � 12-10-501, et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the Department of Community Development a copy of the application or request for exemption filed with the State of Colorado Real Estate Commission armor evidence of approval of the application or request for exemption. Section 2. Section 12-21-2 of the Vail Town Code is hereby amended as follows: 12-21-2: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings words Gent d in thio 08^tien are defined as follows: 1 411812022 S:ICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCESI2DORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX START OF CONSTRUCTION (for other than new construction or Substantial Improvements Under The Coastal Barrier Resources Act (P-ib-. L. °; 348 16 U.S.C. -� 3501, et sep.)): InG s Ssubstantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means: eithe the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings; the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; n^, eat iRGlude the installation of streets armor walkways; RE)p deoc it inolode excavation for basement, footings, piers or foundations or the erection of temporary forms; eep deoc it inGlude or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Section 3. Section 12-21-13.B.1 of the Vail Town Code is hereby amended as follows: 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purposes of this Section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this Section shall be prepared by a "professional geologist", as defined by Gelerade Revised Vatutes seG ien 34-1-01 C.R.S. -� 23-41-208, as amended, or a "registered professional engineer", as defined by Colorado 1�i-&H glatutesseGtion 12-26 1--02 C.R.S. & 12-120-202, as amended, 2 411812022 S:ICOMMUNITYDEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI2WRDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX under the direction of and at the expense of the owner/applicant and submitted to the Department of Community Development. Section 4. 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 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 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. 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 7. 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 day of 2022 and a public hearing for second reading of this Ordinance set for the day of , 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2022. Kim Langmaid, Mayor 3 411812022 S:ICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCESI2WRDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ATTEST: Tammy Nagel, Town Clerk 411812022 S:ICOMMUNITYDEVELOPMENTIBOARDSITOWN COUNCILIORDINANCESI221ORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 9, Series of 2022, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 18t" day of May 2022. Witness my hand and seal this 18t" day of May 2022. Stephanie Bibbens Deputy Town Clerk ORDINANCE NO. 9 SERIES 2022 AN ORDINANCE CORRECTING VARIOUS SECTIONS OF TITLE 12 OF THE VAIL TOWN CODE TO REFLECT CHANGES IN STATE LAW WHEREAS, the Town seeks to maintain an accurate municipal code, substantive changes were made to various Title 12 zoning regulations; and WHERAS, the Town wishes to have accurate guidelines regarding geologically sensitive areas and development. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-2-2 of the Vail Town Code is hereby amended as follows: 12-2-2: DEFINITIONS OF WORDS AND TFiRMS: For purposes of this Title, the following terms shall have the following meanings: `^Ih� d in thic title, the words and phrases GORtainod in this t44e chall have the cnonifin meanings as defined in this c FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee club described as such in the project documentation and not an accommodation unit within the fractional fee club. No offer of a fractional fee club unit shall be made except pursuant to an application for registration and certification as a subdivision developer of a timeshare program or an exemption from registration approved by the State of Colorado Real Estate Commission pursuant to Colorado Revised S}atute 17-61-401 o+�� C.R.S. -� 12-10-501, et seq., and the rules and regulations promulgated pursuant thereto. Within ten (10) days after receipt of a written request, the developer of a fractional fee club unit shall provide to the staff of the Department of Community Development a copy of the application or request for exemption filed with the State of Colorado Real Estate Commission armor evidence of approval of the application or request for exemption. Section 2. Section 12-21-2 of the Vail Town Code is hereby amended as follows: 12-21-2: DEFINITIONS: For the purposes of this Chapter, the following terms shall have the following meanings words Gent d in thio 08^tien are defined as follows: 1 5/18/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX START OF CONSTRUCTION (for other than new construction or Substantial Improvements Under The Coastal Barrier Resources Act (P-ib-. L. 97 348 16 U.S.C. -� 3501, et sep.)): InG s Ssubstantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The "actual start" means: eithe the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings; the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include: land preparation, such as clearing, grading and filling; n^, eat iRGlude the installation of streets armor walkways; RE)p deoc it inolode excavation for basement, footings, piers or foundations or the erection of temporary forms; eep deoc it inGlude or the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Section 3. Section 12-21-13.B.1 of the Vail Town Code is hereby amended as follows: 12-21-13: RESTRICTIONS IN GEOLOGICALLY SENSITIVE AREAS: B. Investigation: 1. In any area located within the boundaries of the Lincoln DeVore map, or in any area identified as a debris flow or debris avalanche area by the Mears map, or in any area identified as a rockfall area by the Schmueser map, no initial application for a building permit, grading permit or major or minor subdivision shall be approved until a site specific geologic investigation is complete. For the purposes of this Section, a site specific geologic investigation shall be deemed a detailed geologic investigation which is applicable to each respective site. All reports and studies required by this Section shall be prepared by a "professional geologist", as defined by Gelerade Revised Vatutes seG ien 34-1-01 C.R.S. -� 23-41-208, as amended, or a "registered professional engineer", as defined by Colorado 1�i-&H glatutesseGtion 12-26 1--02 C.R.S. & 12-120-202, as amended, 2 5/18/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX under the direction of and at the expense of the owner/applicant and submitted to the Department of Community Development. Section 4. 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 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 5. The Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 6. 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 7. 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 day of 2022 and a public hearing for second reading of this Ordinance set for the day of , 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2022. Kim Langmaid, Mayor 3 5/18/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX ATTEST: Tammy Nagel, Town Clerk 5/18/2022 IIFILESERVER20191REDIRECTED$ISBIBBENSIDESKTOPIORDINANCE NO. 9, SERIES OF 2022 (TITLE 12 CLEAN UP).DOCX