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1991-16 ~ . ' ~ •, r,. ORDINANCE N0. 16 Series of 1991 AN ORDINANCE REPEALING AND REENACTING SECTION 18.14.090, DENSITY CONTROL-RESIDENTIAI, CLUSTER DISTRICT; SECTION 18.16.090, DENSITY CONTROL-LOW DENSITY MULTI--FAMILY DISTRICT; SECTION 18.1$.090, DENSITY CONTROL--MEDIUM DENSITY MULTI-FAMILY DISTRICT AND SETTING FORTH THE DETAILS IN REGARD THERETO WHEREAS, Gross Residential Floor area is an important tool far controlling the level of development in the Town; and WHEREAS, modifications to the Grass Residential Floor Area in certain zone districts are necessary to ensure its effectiveness; and WI3EREAS, in accordance with Section 18.66.144, the Planning and Environmental Commission held a public hearing on the proposed amendments, and has submitted its recommendation to the Town Caunc~.l; and WHEREAS, the Town Council has held a public hearing as ~-equa.red by Chapter 18.66 of the Vail Municipal Code. NOW TIIEREFORE, BE IT ORDAINED 13Y THE TOWN COUNCIL OF THE TOWN OT V11I L, COLORA170, THAT Section 1 Section 18.14.090, Density Control in the Residential Cluster District is hereby repealed and reenacted to read as follows: 18.14.090 Density Control A. Not more than twenty-five square feet of gross residential .floor area (GRFA) shall be permitted for Each one hundred square feet of buildable site area, provided however, that single family and two-family dwelling units constructed in the Residential Cluster I.)istrict shall be entitled to an additional two hundred twenty-five square feet of GRFA per constructed dwelling unit. Total densi4~y shall not exceed six dwelling units per acre of buildable site area. 13. I?xemptions. All projects that have received final design review board approval as of December 19, 1978, shall be exempt Pram 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. 19(19'79) Section 5 (part) : Ord. 50 (1978) erection 18 (part) . ) . 1 Section 2 Section 18.16.090 Density Control in the Low Density Multi-family District is hereby repealed and reenacted to read as follows: Section 18.16.090 Density Control A. Nat more than thirty square feet of gross residential floor area (GRFA) shall be permitted far each one hundred square feet of buildable site area, provided however, that single family and two-family dwelling units constructed in the Low Density Residential District shall be entitled to an additional two hundred twenty five square feet of GRFA per constructed dwelling unit. Total density shall not exceed nine 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 from the changes in this section as long as the project commences within one year from the date of final approval. Tf the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. (Ord. 19 (1979) Section 5 (part) Ord. 50 {1978) Section 18 (part) . ) .• ,~ ` `,,.*~ v Section 3 Sub-section 18.18.090 Density control in the Medium Density Multi--family District is hereby repealed and reenacted to read as follows: 18.18.090 Density Control A. Not more than thirty-five square feet of gross residential floor area (GRFA) shall be permitted for each one hundred square feet of buildable site area, provided however, that single family and two-family dwelling units constructed in the Medium Density Residential District shall be entitled to an additional two hundred twenty-five square feet of GRFA per constructed dwelling unit. B. Exemptions. All projects that have received final design review board approval as of December 19, 197$ shall be exempt from the changes in this section as long as the project commences within one year from the date of final approval. Tf the project is to be developed in stages, each stage shall be commenced within one year after the completion of the previous stage. (Ord. 19 (1.979) Section 5 (part) Ord. 50 (197$) Section 18 {part) . ) 2 ' ,~ ., ~ .i j ,~ . Section 4 .. The provisions of this ordinance shall not be effective for any application for development which has been submitted to the Community Development Department, and accepted by the same, on ar before July 1, 1991, unless agreed to by the applicant submitting the application before duly 1, 1991.. Section 5 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 Y_his 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 mare parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6 The Town Cotancil hereby finds, determines and declares that this Ordinance i.s necessary and proper for the health, safety and welfare of the Town of Vail and inhabitants thereof, Section 7 The repeal or the repeal and reenactment of any provisions 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 prior to the effective date hereof, any prosecution commenced, nor any other action a.r proceeding 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. Section 8 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 or ordinance, or part thereof, heretofore repealed. INTRQD[JC~p, READ AND PASSED ON FIRST READING THIS 4th day of June 1991, and a public hearing shall be held on this Drdinance on the 18th day of June , 1.991 at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. 3 r~ ~ ~ `~ ~~ ,. Ordered published in full irhis 4th day f June ~ ,, 3.991.. Kent R. Rose, Mayor ATTEST: 1~~ ~~~~~ Pamela A. Brandmeye~', Tawn Clerk INTRODUCED, READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title this 18th day of June , 1.991. ~ ,~ ~~~~ _ Kent R. Rose, Mayor ATTEST: ~d • ~i.G[.~~"J Pamela A. Brandmeyer, Town Clerk c:lordlord16,91 4 ~Y ~~ ... r ~ ,~ W ~~ ~~ ~:., ~~ . `r ~`C\. n 0 -~ Q ~~ Q, ,~ ~,]'1 ~~ O a •O Q~, ~ ~ ~ C o ~' ~ v ~ v ~ g ~ ` Q ~ ~ ~ -. ~ m ~ ~ ~7 ~• in O ~ Q d sp ~ R. 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