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HomeMy WebLinkAbout1979-19 Making Certain Corrections to Numbering and Wording Inaccuracies in Ordinance No. 50 Series 1978 and Ordinance No. 8 Series 1979 Relating to Fireplaces and Zoning~ ~ *• . . • ORDINANCE NO. 19 Series of 1979 AN ORDINANCE MAKING CERTAIN CORRECTIONS TO NUMBERING AND WORDING INACCURACIES IN ORDINANCE NO. 50 (SERIES OF 1978), ORDINANCE NO. 41 (SERIES OF 1978), AND ORDINANCE NO. 8 (SERIES OF 1979) RELATING TO FIREPLACES AND ZONING; AND SETTING FORTH DETAILS RELATING THERETO. WHEREAS, the Town is in the process of adopting a Supplement to the Vail Municipal Code; and WHEREAS, the review of the existing Ordinances indicate certain numbering and typo errors that need to be corrected before the Supplement is complete. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. (a) Chapters 18.41 through and including 18.51 of the Vail Municipal Code are hereby repealed and removed from said Code in accordance with the provisions of Section 1(b) below and Section 18.40.120 of the Vail Municipal Code as adopted by Ordinance No. 50, (Series of 1978). (b) Nothing herein shall be construed to limit, replace, or diminish the requirements, responsibilities, and specifications of Special Development Districts 2 through 8. The Town Council specifically finds that said Special Development Districts 2 through 8 shall continue in full force and effect, and the terms, conditions, and agreements contained therein shall continue to be binding upon the applicants thereof and the Town of Vail. These districts if not commenced at the present time, shall comply with Section 18.40.100 TIME REQUIREMENTS. .; ~• rd. No. 19 • • Page 2 Section 2. Subparagraph 8.28.020(6) of the Vail Municipal Code as adopted by Ordinance No. 41 (Series of 1978) shall read as follows: (6) Any word, term or phrase not hereto defined or specified shall be defined in accordance with Title 18 "Zoning" of the Vail Municipal Code. Section 3. The following sections references in Section 1 of Ordinance No. 50 (Series of 1978) shall be corrected to read as follows: (a) 18.24.140 - Reference is repealed and the preexisting 18.24.140 shall be revived. (b) 18.13.120 - Corrected to read 18.13.100 and the preexisting 18.13.120 shall be revived. (c) 18.30.130 - Corrected to read 18.30.120 and the preexisting 18.30.130 shall be revived. (d) 18.32.130 - Corrected to read 18.32.120 and the preexisting 18.32.130 shall be revived. Section 4. The Section reference 18.52.170 in Section 11 of Ordinance No. 50 (Series of 1978) shall be amended to Section 18.52.180. Section 5. Section 18 of Ordinance No. 50 (Series of 1978) is repealed and reenancted to read as follows: Sections 18.14.090, 18.16.090 and 18.18.090 Density are repealed and reenacted to read as follows: 18.14.090 DENSITY CONTROL (Residential Cluster) (a) Not more than twenty-five (25) square feet of gross residential floor area (GRFA) shall be per- mitted for each 100 square feet of buildable site area. Total density shall not exceed six (6) dwelling units per acre of build- able site area. • • ~ Ord. No. 19 Page 3 (b) EXEMPTIONS All projects that have re- ceived final Design Review Board Approval as of December 19, 1978, shall be exempt from the changes in this Section as long as the project commences within one year from the date of final approval. If the pro- ject is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. 18.16.090 DENSITY CONTROL (low Density Multi-Family) (a) Not more than thirty (30) square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of build- able site area. Total density shall not exceed nine (9) dwelling units per acre of buildable site area. (b) EXEMPTIONS All projects have received final Design Review Board approval as of December 19, 1978, shall be exempt from the changes in this Section as long as the project c~~~u«ences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. 18.18.090 DENSITY CONTROL (Medium Density Multi-Family) (a) Not more than thirty-five (35) square feet of gross residential floor area (GRFA) shall be permitted for each 100 square feet of buildable site area. Total density shall not exceed eighteen (18) dwelling units per acre of buildable site area. (b) EXEMPTIONS All projects that have received final Design Review Board approval as of December 19, 1978 shall be exempt form the changes in this Section as long as the project commences within one year from the date of final approval. If the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. • •~ Ord. No. 19 Page 4 Section 6. The Section reference to 18.25.110 in Section 1 of Ordinance No. 8 (Series of 1979) is corrected to read Section 18.26.080. Section 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares that it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase hereof regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 8. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code by this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, or any other section or proceedings as commenced under or by virtue of the provisions repealed or repealed and reenacted. It is the express intention of the Town Council that all matters presently before the Planning & Environmental Commission shall not be interrupted and shall proceed as scheduled or directed. Any duty, condition, or requirement imposed by the Planning & Environmental Commission or the Town Council prior to the effective date of this ordinance shall not be set aside, abrogated, or in any way invalidated by the adoption of this ordinance. The repeal of any provision hereby shall not revive any provision or any ordinance pre- viously repealed or superseded unless expressly stated herein. _ , ~ ~ '~ ' Ord. No. 19 Page 5 Section 9. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this ~ day of , - 1979. A public hearing shall be held hereon on the / C~ day of ti ~//r,u~.. 1979, at the regular meeting of the Town V Council of the Town of Vail, Colorado, in the Municipal Building of the Town. ~~ ~; /~ ~~~ Mayor ATTEST: ,~- ,~, r . r w erk i '" INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED ~~_~.P ~4..G`~--this l ~ day of /, ~/YL.~ U , 19 7 9 . ~//~~~_ ` Mayor / ~ A ATTEST: „ ,,, r r f, ~ ~,,. ~ ~ ~:~~ Town Clerk ~