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HomeMy WebLinkAbout1991- 5 Amending Section 18.40.130 of the Vail Municipal Code to Provide that Fees for Special Development District Applications, and for Major and Minor Amendments to Special Development Districts, May Be Set by the Town Council by Resolution ORDINANCE N0. 5 Series of 1991 AN ORDINANCE AMENDING SECTION 18.40.130 OF THE MUNICIPAL CODE OF THE TOWN OF VAiL TO PROVIDE THAT FEES FOR SPECIAL DEVELOPMENT DISTRICT APPLICATIONS, AND FOR MAJOR AND MINOR AMENDMENTS TO SPECIAL DEVELOPMENT DISTRICTS, MAY BE SET BY THE TOWN COUNCIL BY RESOLUTION RATHER THAN ORDINANCE; AND SETTING FORTH DETAILS TN REGARD THERETO. WHEREAS, the Town Council wishes to set fees far Special Development District applications and major and minor amendments to 5pecia1 Development Districts by resolution rather than by ordinance; and WHEREAS, i:here is no requirement in the ordinances of the Tawn or in the Town Charter which require that such fees be set by ordinance. NOW, THEREFORE, be it ordained by the Town Council of the Tawn of Vail, Colorado: 1. Section 18.40.130 of the Municipal Code of the Town of Vail is hereby amended to read as follows: 18.40.130 FEES The filing fee for Special Development District applications and for major and minor amendments to Special Development Districts shall be set by the Town Council of the Town of Vail by resolution. Applications deemed by the Community Development Department to have significant design, land use, ar other issues which may have a significant impact on the community may require review by consultants other than Town staff. Should a determination be made by the Tawn staff that an outside consultant is needed to review any Special Development District application, the Community Development Department shall obtain the approval of the Town Council for the hiring of such a consultant. Upon approval of the Town Council to hire an outside consultant, the Community Development Department shall estimate the amount of money necessary to pay the outside consultant, and this amount shall be forwarded 'Co the Tawn by the applicant at the time the Special Development District application is submitted to the Community Development Department, Upnn completion of the review of the application by the consultanL•, any of the funds forwarded by the applicant for payment of the consultant which have not been paid to the consultant, shall be returned to the applicant. Expenses incurred by the Town in excess of t~~e amount forwarded by the applicant shall be paid to the Tawn by the applicant within thirty (30) days of notification by the Town. ..~, 2. Tf 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 Qrdinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, sentence, clause ar phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. 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. 4. The repeal or the repeal and reenactment of any provision of the Municipal Cade of the Town of Vail 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution ar ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, AND APPROVED ON FFRST READING this ~9a~. day of IlUfM1~1i ,]991, and a public hearing shall be held on this ordinance on the e~~`d~ day of Q.~r+l , T.991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published i n ful 1 thi s f 9~ day of 7}'-a~-fh. 1991. J c~~, !Cent R: Rase, Mayor ATTEST: Pamela A. Brandmeyer, Towri Clerk _2.. INTRDDUCED, READ, AND AP#~ROVED aN SECQND READING RND aRDERED PUBLISHED ~- ~'~~~'.~ ~~- this and day of Q,~oi^i r 1991. v '~} you Kent R: Rose, Nfayor` ~ ~, ,, ~~~'~;. ",; ATTEST: ~' ;.. '. Pamela A, Brandmeyer, Town Clerk ~~, • ~oo~ o~ ~uaiicAnoN STATE OF COLORl1i)O ) )} ss, COUfVTY OF EAGLE I AT'I,EN ICNO% do solemnly swear that I am the.,~T'ublieher of TFIE VAIL TRAIL• that the same is o weekly newspaper pdntvd, in whole or in part and publlsllod in #t>e Catmty of Eagle. State at Colorado, and has a genorol cireulatlan therein; that said newspaper has bden publ#shed contirfuously and uninterruptodly In said County of Eagle for a perfod of more than fifty-two cons©cutive w©vks next prior to the first publEcation of the annexed legal notice or advertisement; Thal said newspaper has .been admitted to the United States mails as second class matter under the provisions of the Act of March 3.9879, or pny rrmendmenis thvrenf, and that said newspaper is a weakly newspaper duly qualified for publishing legal notic©s and adverflsemen#s within the meaning of ihv Eaws of the 5ta#e of Colorado. 'that the annexed legal notice or adverNsvmont was published In the regutar and entire Issue of every number of sold weekly newspaper for the period of _/.k'-~ consecutive insertions; and that the first publlcalton of said notice was In the Issue of sold newspaper dated ~ r '" ! ,T7.;~ ~.A.b, 19 ~~ and that the last ptrbhtlctxtion of sold notice was In The Issue of said newsr,~,Nor dated J?;~l ;' 1~ ~~~~ AD. 19.~.~ In witness whereof I havti liareunto set my hand this ~[l7~ day of f~~L4c~1 AU. 19 ~~ SubscAbed and sworn tp U y;,,.,, rne, c1 notary pul~blta'~ In and f t ounty of Eagl~ e Stale of Colorado. this _ ~~ .Y/l day of _~%~~- ~ Ap, 19 ~ ~ fvty commission expires ~ ~ _ ~ 3 • ~~ ~ CJ mem sna[reooracn°tne4 COUnctl;t0r,lhs hhing of ~n,~appravaf o1 the 7avm:~ ..~. ;..Y...,..._~~:.._ . f aPP1.lc>y+tP,EKpanMu`noorJ.a;pyr~11i~7bwH"rh'~ aKOeas br ih~ Miaurti trrwr[rQdby th li~dpp#fta~t " f. phelE be paid to IM,7own by ~ appllrx[ whhln ~ thirty f3oM daye'i~~oY 'p~~" ~~ -, , #~s:$tGTIGK~ p ~r~5 ~ Na~t~, ' .bclf'Any'pa4k,~~clla~, -edlndr'~e~nii'nc0,,=' and ~.: ThY`Ytir end,decran a!M Iha 7~mn1~d fn;8ECTp i ~ TM hP eriy'pro5rhl brovlded id rlgM +rllh h vlWatbit 4u hereor.~am Other adror Or by vWu6 end 'r~on^ hereby tsM erdfnence' ultbae.sxW ~.~t~BECF10 ';m All7<:by ordlnenCel hereyrhh'er ' d eucri Yra ~. ' as ., a~fi . ~ nea .crt ordln~u repealedd? a orINFRbI ' F1r197~RE1 ONC13 IN F k pubpa'ho on the'ilrid yY~d.', '~( Pay ~.'~~ SECTION ~r: Sectlnm~ 18,40.130 or' [he MunEclpal Code Or [he Fown of V@I~ N_ hereby 'amended [o re9d as follaws:;,1"#r%;' '1 ! ~ ~' C~:~i 1~.40.130ggFE1=3ftS:£ nf.! i l rn-r 9's r~!;;~. 'GIs 1q~applies[tlani"aAnd o~~majal'and~mnor •amandmen[sRo SAeCIahGeveroda!lint'Gisttlas ~ ~ ~#;~;~:,r;,; zw([~~r- ~ z ..~ a ~~.o°w.s,:,e ~ ,~~s ymr~'~ ~' rT, O oU Z 4~., r~A ~~~~ VJ~W ~~~WIL n'i:,~~ ~~ dy t i'+jg y5J/\~i ~IILLO ~JjJ li+•'Y y3_'~ ~Q~~YgR e'~ A.~ ~~ n f• V'yS s~~¢apQNmO~Qv~ Z ~~yy r i rww O H y~ Q Z 'g ^ W W f- ~ '' ~'.' ~ t ~;,,S~O pLLd Z~ mW o ~''.~0~ 'a m 'a r. O7 O vi ua p~ozxa~o~>~z me zy8$ ~~ '., ~! ~'~. rmaaoUD~;'. ~v tn0.G ~4af-._~, ~ R .,~:i. 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