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HomeMy WebLinkAbout2023-02PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2, Series of 2023, First Reading, on the Town of Vail's web site, www.vail(iov.com, on the 22nd day of February 2023. Witness my hand and seal this 22nd day of February 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 2 SERIES 2023 AN ORDINANCE AMENDING SECTION 12-11-4 OF THE VAIL TOWN CODE CONCERNING RENOVATIONS TO JOINTLY OWNED PROPERTIES WHEREAS, C.R.S. § 38-30-168 establishes that covenants that restrict or effectively prohibit the ability of property owners to install renewable energy generation devices upon their property are void and unenforceable; and WHEREAS, Section 12-11-4 of the Vail Town Code allows an owner within a jointly -owned property to prevent other owners from exercising these rights. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-4 of the Vail Town Code is amended to read as follows: 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: (B) Conceptual Design Review: (1) Submittal Requirements: The owner or authorized agent of any project requiring design approval as prosnribe d by this nhaptor may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review is shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences, although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: (d) Application form. If the property is owned in common (condominium association) armor located within a development lot, the written approval of the other property owner, owners or applicable owners' association is choll bo required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application 1 is solelv for installation of a renewable energv generation device as allowed by C.R.S. _� 38-30-168, as amended. C. Preliminary and final design review 6. Additional requirements. In addition to the above requirements, the Department of Community Development may require any or all of the following: (1) Form and fee. Application form-and apprepriate foe. If the property is owned in common (condominium association) armor located within a development lot, the written approval of the other property owner, owners or applicable owners' association is chi required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. � 38-30-168, as amended. Section 2. 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 3. 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 4. 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 5. 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. 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2023 and a public hearing for second reading of this Ordinance set for the day of , 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 3 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 2, Series of 2023, Second Reading, on the Town of Vail's web site, w",w.vailaov.com, on the 81" day of March 2023. Witness my hand and seal this 8t" day of March 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 2 SERIES 2023 AN ORDINANCE AMENDING SECTION 12-11-4 OF THE VAIL TOWN CODE CONCERNING RENOVATIONS TO JOINTLY OWNED PROPERTIES WHEREAS, C.R.S. § 38-30-168 establishes that covenants that restrict or effectively prohibit the ability of property owners to install renewable energy generation devices upon their property are void and unenforceable; and WHEREAS, Section 12-11-4 of the Vail Town Code allows an owner within a jointly -owned property to prevent other owners from exercising these rights. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-11-4 of the Vail Town Code is amended to read as follows: 12-11-4: MATERIAL TO BE SUBMITTED; PROCEDURE: (B) Conceptual Design Review: (1) Submittal Requirements: The owner or authorized agent of any project requiring design approval as prosnribe d by this nhaptor may submit plans for conceptual review by the Design Review Board to the Department of Community Development. The purpose of a conceptual review is shall be to give the applicant a basic understanding with respect to the design concept and the compatibility of a proposal with the design guidelines contained within this chapter. This procedure is recommended mainly for those applications of a higher impact than single-family and two- family residences, although projects of that nature shall not be excluded the opportunity to request a conceptual design review. The following information shall be submitted for a conceptual review ten (10) days prior to a scheduled design review board meeting: (d) Application form. If the property is owned in common (condominium association) armor located within a development lot, the written approval of the other property owner, owners or applicable owners' association is choll bo required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application 1 is solelv for installation of a renewable energv generation device as allowed by C.R.S. _� 38-30-168, as amended. C. Preliminary and final design review 6. Additional requirements. In addition to the above requirements, the Department of Community Development may require any or all of the following: (1) Form and fee. Application form-and apprepriate foe. If the property is owned in common (condominium association) armor located within a development lot, the written approval of the other property owner, owners or applicable owners' association is chi required. This can be either in the form of a letter of approval or signature on the application. Such approval shall not be necessary if the application is solely for installation of a renewable energy generation device as allowed by C.R.S. � 38-30-168, as amended. Section 2. 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 3. 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 4. 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 5. 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. 2 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2023 and a public hearing for second reading of this Ordinance set for the day of , 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 3