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HomeMy WebLinkAbout2024-23PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2024, First Reading, on the Town of Vail's web site, w"1w.vail.gov, on The 4t" day of December 2024. Witness my hand and seal this 41" day of December 2024. SAVX�l 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 23 SERIES OF 2024 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, RESIDENCES AT MAIN VAIL FUND, AND TIMBER RIDGE FUND OF THE 2024 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, contingencies have arisen during the fiscal year 2024 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 24, Series of 2023, adopting the 2024 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO that: Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2024 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (2,219,533) Capital Projects Fund 4,393,718 Real Estate Transfer Tax Fund 161,064 Housing Fund 450,849 Dispatch Services Fund 753,200 Heavy Equipment Fund 48,500 Residences at Main Vail Fund 146,000 Timber Ridge Fund (1,870,335) Interfund Transfers 3,243,169 Total $ 5,106,632 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 affect the validity of the remaining portions of this Ordinance No. 23, Series of 2024 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. 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 Code 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 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. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December 2024, and a public hearing shall be held on this Ordinance on the 17t" day of December, 2024, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk Ordinance No. 23, Series of 2024 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 23, Series of 2024, Second Reading, on the Town of Vail's web site, www.vail.gov, on The 18t" day of December 2024. Witness my hand and seal this 18t" day of December 2024. SAVX�l 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 23 Series of 2024 AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING FUND, DISPATCH SERVICES FUND, HEAVY EQUIPMENT FUND, RESIDENCES AT MAIN VAIL FUND, AND TIMBER RIDGE FUND OF THE 2024 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, contingencies have arisen during the fiscal year 2024 which could not have been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No. 24, Series of 2023, adopting the 2024 Budget and Financial Plan for the Town of Vail, Colorado; and, WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in accordance with Section 9.10(a) of the Charter of the Town of Vail; and, WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make certain budget adjustments as set forth herein. NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town Council hereby makes the following budget adjustments for the 2024 Budget and Financial Plan for the Town of Vail, Colorado, and authorizes the following budget adjustments: General Fund $ (2,195,733) Capital Projects Fund 4,433,959 Real Estate Transfer Tax Fund 890,120 Housing Fund 468,749 Dispatch Services Fund 753,200 Heavy Equipment Fund 73,500 Residences at Main Vail Fund 146,000 Timber Ridge Fund (1,870,335) Interfund Transfers 2,592,313 Total $ 5,291,773 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 affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each Ordinance No. 23, Series of 2024 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. 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 Code 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 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. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of December 2024, and a public hearing shall be held on this Ordinance on the 17th day of December, 2024, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the town. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 17th day of December 2024. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk Ordinance No. 23, Series of 2024 PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 24, Series of 2024, First Reading, on the Town of Vail's web site, w"1w.vail.gov, on the 181" day of December 2024. Witness my hand and seal this 18t" day of December 2024. SAVX�l 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 24, SERIES OF 2024 SERIES 2024 AN ORDINANCE AMENDING CHAPTER 4-14 OF THE VAIL TOWN CODE TO ESTABLISH IMPACT FEES FOR SHORT-TERM RENTALS WHEREAS, the Town commissioned a study, conducted by Economic and Planning Systems Inc., to evaluate whether short-term rentals ("STRs") create an impact on the Town's demand for housing (the "Study"); WHEREAS, the Study concluded that STRs play a significant role in creating a demand for housing; WHEREAS, the Study used economic impact techniques to quantify the relationships between guest spending when staying in STRs and the number of jobs and employee -households supported in the local economy by that spending; WHEREAS, the Study found that many of the jobs created by STRs are at wage levels that do not pay enough for employees to afford market rate housing in the Town; WHEREAS, the Town Council wishes to impose an impact fee on STRs, in accordance with the Study, to fill the gap between what employees can afford and the costs of housing in the Town; and WHEREAS, consistent with Colorado Union of Taxpayers Foundation v. City of Aspen, 418 P.3d 506 (Colo. 2018), the fee imposed by the Town under this Section is collected from the STR licensees for the primary purpose of defraying the costs of housing for the local workforce essential to the tourism economy that benefits the STIR licensees. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 4-14-1 of the Vail Town Code is hereby repealed in its entirety and replaced as follows: § 4-14-1 PURPOSE AND APPLICABILITY. (A) The purpose of this Chapter is to: (1) Establish a comprehensive licensing program to safeguard the public health, safety, and welfare by regulating the use, occupancy, location, and maintenance of STRs in the Town. (2) Protect the public health, safety, and welfare by establishing a STIR impact fee that will reduce the impacts caused by STRs on workforce housing in the Town. (3) Benefit STIR licensees by supporting housing policies and programs for the local workforce that support the Town's economy. 1213012024 IIFILESERVER20191REDIRECTED$ISKAUFFMANIDESKTOPIORDINANCE 24-STR FEE 1ST READING UPDATED.DOCX (4) Address secondary impacts caused by the STR industry by protecting the character of the local community. (5) Ensure that the amount of the fee bears a reasonable relationship to the impacts created by STRs as demonstrated in a study for the same. (B) This Chapter shall apply to all STRs in the Town. This Chapter shall not supersede or affect any private conditions, covenants, or restrictions applicable to STRs. Section 2. Section 4-14-3 of the Vail Town Code is hereby amended as follows: § 4-14-3 LICENSE REQUIRED. (C) Expiration; Renewal. Each STR license shall expire onobruary-28 June 30 of each calendar year, or when title of the STR transfers to a new owner, whichever occurs first; each change in ownership of a STR shall require a new license. (D) Timing. An initial license application shall be filed at least thirty (30) days prior to any advertising of an STR. A renewal application shall be filed by jaRuary 31 June 1 of the year in which the license expires. Section 3. Section 4-14-9 of the Vail Town Code is hereby renumbered as Section 4-14-10. Section 4. Chapter 14 of Title 4 of the Vail Town Code is amended by the addition of the following new Section 4-14-9: § 4-14-9 ANNUAL SHORT-TERM RENTAL IMPACT FEE. (A) Fee: (1) For each new or renewal STR license issued on or after June 30, 2025, the STR license shall be subject to an annual impact fee of one thousand two hundred ($1,200) per bedroom. (2) For an STR that is the applicant's principal place of residence and rented for less than thirty (30) days total in a license term, no impact fee shall be due. To exercise this impact fee exemption, the applicant shall submit a signed affidavit, under penalty of perjury, on a form provided by the Town. (3) No STR license shall be issued until the applicable STR impact fee has been received by the Town. 2 1213012024 IIFILESERVER20191REDIRECTED$ISKAUFFMANIDESKTOPIORDINANCE 24-STR FEE 1ST READING UPDATED.DOCX (B) Bedroom Calculation: of: (1) The number of bedrooms shall be calculated as the greater (a) The number of bedrooms for the STR as listed in the records of the Eagle County Assessor; or (b) The number of rooms in the STR with designated sleeping areas, as stated by the applicant or as stated in the advertisement for the STR. (2) Studios shall be counted as one (1) bedroom. (C) Impact Fee Fund: All STR impact fee funds collected by the Town shall be separately accounted and be used to defray the costs of: (1) Promoting workforce housing in the Town; and (2) Administering and enforcing this Chapter. Section 5. Section 4-14-5(B) of the Vail Town Code is amended by the addition of a new subsection 4, to read as follows: § 4-14-5 HEALTH AND SAFETY STANDARDS. (4) For each STR inspection that was requested, but the licensee failed to allow the inspection when scheduled, there shall be a fee of $115.00, which shall be paid to the Town prior to rescheduling such inspection. Section 6. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 7. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 8. The amendment of any provision of the Vail Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 3 1213012024 IIFILESERVER20191REDIRECTED$ISKAUFFMANIDESKTOPIORDINANCE 24-STR FEE 1ST READING UPDATED.DOCX Section 9. 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of December, 2024 and a public hearing for second reading of this Ordinance set for the 21st day of January , 2025, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Travis Coggin, Mayor ATTEST: Stephanie Kaufmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2025. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk 4 1213012024 IIFILESERVER20191REDIRECTED$ISKAUFFMANIDESKTOPIORDINANCE 24-STR FEE 1ST READING UPDATED.DOCX