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1991- 1ti" `°^. ORDINANCE NO. 1 Series of 199 1 AN ORDINANCE AMENDING TITLE i7 OF THE TOXIN OF VAIL MUNICIPAL CODE BY THE ApDITION OF CHAPTER 17.17 SCHOOL SITE pEDICATIONS; ANC] SETTING FORTFI pETAILS IN REGARD THERETO. WHEREAS the Town Council of the Town of Vail is of the opinion that the subdivider of land in each major residential subdivision ar portion of a major subdivision which is intended for residential use shall allocate and convey sites and land areas for schools when such are reasonably necessary to serve the proposed subdivision and future residents thereof; NOW THEREFORE be it ordained by the Tawn Council of the Town of Uail, Colorado: ' Section 1. Title 1'1 of the Town of Uail Municipal Code is hereby amended by the additio~~i of Chapter 17.1.7, School Site pedications, to read as follows: 17.17.010 PURPOSE It is hereby declared to be the policy of the Town that whenever there is a major subdivision, which is subdivided for residential ease or partial residential use, the owner of the land shall provide land for school needs generated by i:he proposed residential use. It is the purpose of this chapter to require the dedication of land or the payment of fees in lieu thereof or both to fulfill such needs. Section ]7.17.020, School land dedication or cash in lieu thereof. The subdivider of land in each residential major subdivision or portion of the subdivision which is intended for residential use, shall allocate and convey sites in land areas for schools when such are reasonably necessary to serve the proposed subdivision and future residents thereof, by t:he application of the formulas set forth below: Single family and duplex or primary secondary. Number of units x .O1n495 = dedication requirement in acres, Multi-family. Number of units x .002676 = dedication requirement in acres. When land is dedicated for the purpose of providing a school site, it shall be that which is useable by the Eagle County School District for such purpose, and shall be maintained by the School pistrict in a reasonable manner until ~ _~ ~ developed. Said land shall be held by the Town of Vail for the School District until required by the School District. In the event that the School District determines subsequent to dedication that the dedicated school site is not reasonably necessary, the Town Council may, at the request of the School District, sell the land. When sites and land areas for schools are not reasonably necessary to serve the proposed subdivision and future residents thereof, the Town Council, with recommendations from the School District and other affected entities, shall require, in lieu of such conveyance of land, the payment in cash by the subdivider of a amount not to exceed the full market value of such sites and land areas for schools. The full market value shall mean the current market value of unimproved land. This value shall be set annually by the Town Council on an acre basis with recommendations from the School District. The same value per acre shall be used throughout the town. If the subdivider does not agree with the value per acre, the subdivider may submit the report by a qualified appraiser who is M.A.I. designated, which establishes a new value. The Town Council shall review the report and determine if the value is reasonable. Based upon their review, the Town Council wi17 determine the value of such land. When money in lieu of land is required or when monies have been paid to the Town Council from the sale of such dedicated sites for schools, it shall be held by the Town Council for the acquisition of reasonably necessary sites for the construction of school facilities, for the construction of employee housing required by the school district, for the purchase of employee housing units for the school district, or for the development of such sites. If housing units are purchased, a deed restriction restricting their use to school district employee housing shall be required and ownership shall remain in the name of the School District. A subdivision school dedication shall apply only once to the same land area. Dedication shall not be required of re-subdivisions of the same land on a dedication that has previaus1y been made. Section 17.17.030. Town Exempted. The Town of Vail is specifically exempted from the requirements of this chapter 17.L7. 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 _2_ ~ ~ • affect the validity of the remaining portions of this Ordinance; and the Town 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 Tawn 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 hereof. Section 4. The repeal or the repeal and reenactment of any provision of the Vail Municipal Code as provided in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred print to the effective date hereof, any section commenced, nor any other action or proceedings as cammc.nced under or by virtue of the provision repealed or' repealed and reenacted. The repeal of any provision hereby shall not revive any provision ar any ordinance previously repealed ar superseded unless expressly stated herein. Section 5. Repealer. 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 hereof, heretofore repealed. INTRODUCEp, REAP, AND APPROVEp ON FIRST READING THIS 19th day of ~'ebruarv 1991, and a public hearing shall be held on this ordinance on the day of February 19 1991, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ordered published in full this 19th day of February , 199]. J J ~~. Kent R. Rose, Nlayar ATTEST: ~~~ ~. ~~ic~cf~ Pamela A. Brandmeyer, Town Clerk INTRODUCED, READ, AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 5th day of March 1991, Kent R. Rose, Mayor ATTEST:. Pamela A. Brandmeyer, Towh Clerk -3- wr PROOF OF PUBLICATION STATE OF COLORADO ) )) ss. COUMY OF EAGLE I• ----.---- ~'_T'~~ KHOX __- ~ do solemnly swear that f am the _._ PuUl.isher _ of THE VAIL TRAIL; that the same Is a weekly newspaper printed, In whole or In part qnd published In the County of Eagle. Stale of Colorado, and has a general clrculatlon therein; that said newspoper hos been published coot inuously qnd uninterruptedly in said County of Eagle for o rfod of more than fi~-two consecutive weeks next prior to the first publicat€an of the annexed legal no Ica or advorfiserrtent; that said newspaper has been admitted to the United Slates ma#Is a5 second class matter under the provis€ons of the Act of March 3, 1879, cx anY arnendrnonl5 lheroof, and the! spill newspaper Is o weetdy new~~...,s.,~r duly quafif#od for publlshing lapel notices and advert€sements wifhin the meaning of the laws of the Stafo of Colorado, Thal the annexed legal notice or atjvertisement was published in the regular and entire Issue of every numbor o{ said weekly newspaper for the period of ~')1-E' cansecut€vo €nsertions; and that itte Tirst publication of sold notice was In the Issue of Bald newspaper doted ~~ t ! ~;.,L/ ~ ~? AD. 19 2 and that the last publ/ication o1 sold nptica was In the issue of sold newspaper dated In witness whereof I havrl hereunto set my hand thl~ ~~' ~ day of ~j~/Lr C~) aD. 79 ~~ ~t _~~ i., Subscribed and sworn to before me, a notary putallic and the my o€ le. State of Colorado, this ~,(~~'f~± day of ~)1Cu'G~) AD. 19 ~ tvly comrnlssfon expires ~f •~ ~ ~~~ U n is twr~ •a,~~w ~ Town thsi rANne+'er Ihen r a ' whkh r •uhdivided 1o,,r«Id~ '~ reeldentlal vier the owrwr' ' provide Idnd 1eFichael'n~edr propo+ed r«Idenlial ua. h ti ' ehapt~r !o rrQUlrr IM 0edlta paymaM d leas In Iru Iher+ }{, sedlan tIr ~~ ~«}t In lwir tl~ . , ( The avbdkldil for ts+udtrrlan a potion ~. y,,hy* la lnlrMsd lar rrv "' M~nFrrn+y 1'3'rNUmber N rl,aquhemed M wl+sn lord 7pr0vidinp a ^_ vse~ by tM aueh Pv~s ts~nad PI^vt 7 developed, 8i ', d VaB lae the ''8ehad nlelrl f nletrke d~tHr w a Peh41i6 ne Tend, rhal~.~ trfilted by lM ~urp«e d fh41j d lord IX 1M ~ d tl» scryddl ulalna, aen n,. ~,•~.. . ri ~ When•ehas and IoM uau rdr nd re+a«+e4H rwcesrety.to *M:/egl t~iuhdkblon end luivte_rseidanq, Town CauncH.•whh'ticam+rrrMelf . ectwd Pktrkl,and~0,~~+M~~ ' ' requhe, M Iru d eucq,gw,'vsYenp ''~psprrriM h cash hIr tM eubdMWer. poi td «aM tlM uM rrreMel vaprA • aM rM araee for edroM+. ...,'~ . l . ,TM (uA mrAltel value shah, Ir,e 1 ~.#,rrkerwelue of'une,p,d+~rd Ian ,~hy+» er~,l,rrtwup ap tl» Town •eue. Gaels, wAh*~°° ~ is . 'Fagot Dhtrkt, Tfre was ralw w~ ueed }laeuphdN the lawn,.-'"~ •s"'tt the'aubdtvYdrr doe na'e vrwapir~erx+:,tha~udd!rbe!" ' .~l+Vp't,q':a~4uAfdled'eppreiain 1~deegnuea, whkh «iWlrh« e l ~;~ ~ttTdyn4Cuundl.ehelt lavleartr ,,3dararrdna;M IM relw A roes ,upan~tMlr'Fevler+, rM~Tmn ' I,~dslerrrNrlhavehredWdArM' a ~l~ ~~ s,a W ~w ;~~ ~a i~S ice/, I t~ ~ , III * i~ IMlI ~~ I, f,ersvMh ve MrevA ;N d auth Inarnart.rm~ ~~ order, l 'penatrwdlo,fr+o~,. Tr. iheraat~~. hw~ f7lgpt~~.r~~. . 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